1994-45813-Ordinance No. 94-050 Recorded 11/10/1994REVIEM
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94-45813 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
013'7-12T9
An Ordinance Amending PL -20, * -"
Deschutes County Year 2000
Comprehensive Plan, Revising the
Mineral and Aggregate Resource
Inventory for Deschutes County, * '
and Declaring and Emergency.
ORDINANCE NO. 94-050
WHEREAS, tax lot 500 in Section 4 of Township 19 South, Range 14 East, Willamette
Meridian, is a 120 -acre parcel (the parcel), is designated as Agriculture under the County's
Comprehensive Plan and is zoned as Exclusive Farm Use, Horse Ridge Subzone, under the
County's Zoning Ordinance; and
WHEREAS, Hap Taylor and Sons, Inc. has proposed a Plan Amendment to PL -20,
the Deschutes County Year 2000 Comprehensive Plan, to change the designation of the parcel
from Agriculture to Surface Mining in the County's Comprehensive Plan; and
WHEREAS, Deschutes County has previously adopted as part of the Comprehensive
Plan an inventory of mineral and aggregate resource sites, by Ordinance 90-025, including
Exhibit G, a listing of sites with significant mineral resources and Exhibit J, a list of sites with
insufficient information regarding mineral resources; and
WHEREAS, Hap Taylor and Sons, Inc. has proposed a Plan Amendment to PL -20 to
add the parcel, also known as Site No. 496 on Exhibit J to Ordinance 90-025, to the County
inventory of significant mineral resources and has submitted a geotechnical report
documenting the location, quantity and quality of this parcel's mineral resources; and
WHEREAS, the Deschutes County Hearings Officer, after review conducted in
accordance with applicable law, has recommended approval of the proposed Plan Amendment
to PL -20, to include the listing of this parcel in the inventory; and
WHEREAS, after notice was given and hearing conducted on September 14, 1994 in
accordance with applicable law, the Board of County Commissioners has considered the
Hearings Officer's recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON ORDAINS as follows:
Section 1. Addition of New Aggregate Site to Mineral and Aggregate Inventory. That
PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended
to add a new site to the county's Goal 5 Inventory of Mineral and Aggregate Resources, set
forth as Exhibit G to Ordinance 90-025. Said site shall be known as Site 496 and is more fully
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1 - ORDINANCE 94-050 FSB ,2,%4fAo
tf �'� 1994 819
0137-12 "10
described as to description, location, quality and quantity of the resource as Site 496 in the
aforementioned Exhibit G to Ordinance 90-025, attached hereto as Exhibit A and by this
reference incorporated herein, as revised to include Site 496.
Section 2. Deletion from Goal 5 listing of sites with insufficient information. That PL -20,
the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended to
delete the subject property, Site 496, from the County's Goal 5 list of surface mining sites with
insufficient information regarding mineral resources, set forth as Exhibit J to Ordinance 90-
025, attached hereto as Exhibit B and incorporated herein by this reference as revised to
delete_ Site 496.
Section 3. Additions and Deletions. Additions, if any, to text or tables are set out in
bold-faced type and deletions, if any, are bracketed.
Section 4. Findings in support of its decision. The Board adopts the Findings
Recommendations and Decision of Hearings Officer, attached hereto as Exhibit C and
incorporated herein by reference.
Section 5. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express
or implied, of any ordinance, ordinance provision, code section or any line of any map by this
ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability
incurred under such ordinance, ordinance provision, code section or map feature unless a
provision of this ordinance shall so expressly provide, and such ordinance repealed shall be
treated as still remaining in force for the enforcement of such duty, condition, penalty,
forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and
punishment of the person or persons who violated the repealed ordinance.
Section 6. Emergency Clause. 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 Q day of November, 1994.
BOARD OF COUNTY COMMISSIONERS OF
CHUTES COUNTY,
Ell
NANCY POPE SHLANGEN, Chair
TOM THROOP, Co .ssioner
T: 1� 604
/6" Me el
I,- i3ax2a�
Recording Secretary BARRY H. AIAUGHTER,lCommissioner
2 - ORDINANCE 94-050
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0137-V276
6
DESCHUTES COUNTY PLANNING DIVISION
FINDINGS, RECOMA EENDATION AND DECISION OF HEARINGS OFFICER
FILE NUMBER: PA -94-2 and ZC-94-2
DATE:
May 24, 1994 2829�0�
�A��2627
�► fi
RECORD CLOSED:
June 3, 1994
ti JUL 1994
APPLICANT/
o SES AILED
OWNER:
Hap Taylor & Sons, Inc. r'
COUUNTYNTy
ENGINEER:
00v
Mark V. Herbert & Associates ylSlP1 £ l Zk`��`�
REQUEST:
The applicant is requesting a Comprehensive Plan Amendment
from Agriculture to Surface Mining and a Zone Change from
EFU to SM for property encompassing 120 acres.
PLANNER: David B. Leslie, Associate Planner
I. RECONEM ENDATION AND DECISION
The Hearings Officer recommends that the Board of County Commissioners amend the
County Comprehensive Plan designation of Surface Mining Site 496 from Agriculture to
Surface Mining. The Hearings Officer hereby APPROVES the applicant's application to
rezone Surface Mining Site 496 from EFU/Horse Ridge subzone to SM, Surface Mining.
The Hearings Officer further finds that blasting, mining and operation of rock crushing
equipment on the subject property should be prohibited from December 1 - April 30, roads
on-site be closed to vehicle use from December 1 - April 30 and that mining roads must be
removed when mining operations are completed. These conditions are supported by the
findings contained in this report and in the attached ESEE analysis for the subject property.
H. APPLICABLE CRITERIA
The following criteria apply to review of the above -referenced land use applications:
1. PL -20, the Deschutes County Year 2000 Comprehensive Plan.
2. Title 18 of the Deschutes County Code, the Deschutes County Zoning
Ordinance:
Page 1 - Findings & Decision (PA -94-2 & ZC-94-2)
0137-1277
- Section 18.136.030, Rezoning Standards.
3. OAR 660-12-060, Plan and Land Use Regulation Amendments
4. Oregon's Statewide Planning Goals
5. Title 22 of the County Code, Procedures Ordinance.
M. -PROCEDURE
This land use action is a quasi-judicial zone change and plan amendment that involves lands
designated for agricultural use. DCC 22.28.030 (3) requires the Board of Commissioners to
hold a de novo hearing on the plan amendment application. No appeal of the Hearings
Officer's decision on the plan amendment is necessary. DCC 22.28.030 (4) states that if the
plan amendment has been consolidated with a zone change, that any party wishing to appeal
the Hearings Officer's decision on the zone change must file an appeal of that decision.
IV. FINDINGS OF FACT'
The Hearings Officer makes the following findings of fact regarding the above -referenced
land use application:
1. LOCATION. The subject property is located near Horse Ridge, approximately 15
miles east of Bend. The subject property lies adjacent to the Old Bend -Burns
Highway and is identified on Deschutes County Assessor's Map #19-14 as Tax Lot
#500.
2. ZONING. The property is zoned EFU, Exclusive Farm Use, and is within the Horse
Ridge Subzone. The property is located within two combining zones: SMIA (Surface
Mining Impact Area), and WA (Wildlife Area). It is designated Agriculture on the
Deschutes County Comprehensive Plan.
3. SITE DESCRIPTION. The property contains 120 acres and is located to the north
and south of the Old Bend -Burns Highway. All vehicle access to the property is
obtained by use of the Old Bend -Burns Highway, which is a road that this maintained
by the State of Oregon. State Highway 20 is located one quarter mile to the northeast.
'The Hearings Officer has used the findings and conclusions contained in the staff report
prepared by Associate Planner David Leslie for this application. Some findings and
conclusions have been adopted verbatim and others have been modified. .
Page 2 - Findings & Decision (PA -94-2 & ZC-94-2)
013'7®1278
The subject property is generally level but does contain a lower drainage area along its
southern boundary, near the flank of Horse Butte. It appears that a small amount of
water flows eastward in this drainage area. Vegetation consists of juniper, sage brush
and other vegetation indicative of an and climate.
4. SURROUNDING PROPERTY. The subject property surrounds three sides of a
parcel of land owned by the State of Oregon. This parcel, tax lot #600, has been used
by ODOT as a source of surface minerals and is zoned SM. Tax lot #700 lies to the
east and south. Tax Lot #700 is in private ownership. The lot was once used for
ranching, as evidenced by some fencing and a cattle loading pen. There is no
evidence that this activity is still occurring. This lot is zoned EFU/Horse Ridge
subzone. The remainder of the surrounding property is land owned by the United
States government and managed by the Bureau of Land Management.
5. REQUEST. The applicant is requesting that the County place the entire property on
the inventory for sites with significant mineral resources and amend the County's
comprehensive plan designation for the site from Agriculture to Surface Mining. A
zone change from EFU to SM is also requested. The applicant has submitted the
following material in support of this application:
1. Quantity/Quality Assessment dated February 28, 1994
2. ESEE analysis dated February 17, 1994
3. Plan Amendment/Rezoning statement of March 4, 1994
These documents are were included with the staff report prepared by Associate
Planner David Leslie as Exhibits 1, 2 and 3 respectively.
Additionally, the applicant seeks permission to process mineral material by crushing
mineral and aggregate resources. The applicant will crush material obtained off-site in
the Bend area, which will be transported to the site, not material being excavated
on-site. The applicant is aware that a conditional use permit is required for the
proposed crushing activity, if the ESEE analysis determines that the site is appropriate
for crushing. This decision will not decide whether it is appropriate to issue a
conditional use permit for the crushing operations.
6. AGENCY COMMENTS. The Planning Division solicited comments from affected
agencies and departments. Their responses are as follows:
Deschutes County Public Works:
The Deschutes County Department of Public Works submitted comments in the form
of a memorandum dated May 18, 1994. The memo was included with the staff report
prepared for this matter and is incorporated therein as Exhibit 4.
Page 3 - Findings & Decision (PA -94-2 & ZC-94-2)
0137~1279
FINDING: Deschutes County Public Works (DPW) recommended approval of this
application with eight recommended conditions of approval. Recommended conditions
of approval #1-7 are standards that are either addressed in Title 18 for site plans for
surface mining (conditions #1, 3 and 4), or are recommendations for which ODOT,
not DPW, has authority or responsibility (conditions #2, 5-7). Item #8 is addressed
by the ESEE analysis. Additionally, the Hearings Officer is unable to find any
authority which would allow the county to require the applicant to sign a statement not
objecting to the possible siting of a landfill within one mile of the applicant's property,
as suggested by DPW.
Oregon Department of Fish & Wildlife:
"Oregon Department of Fish & Wildlife's review of this application shows that the
proposed operation is located in land zoned by Deschutes County as deer winter range.
The Department's recommendations for surface mining in big game winter ranges are:
A. No blasting and operation of rock crushing equipment be allowed from
December 1 - April 30. Permitted activities may include loading and unloading
of trucks in some instances, however recommend stockpiling of materials
outside of the winter range boundary for operator needs during the operation
closure period.
B. Activities involved in the rebuilding and maintenance of equipment will be
allowed.
C. Block roads when pit is shut down to prevent access by general public. When
a pit is abandoned, the Department recommends the access road be returned to
the natural landscape.
D. Department recommends a reclamation plan be included as a condition of all
permitted use. The plan should include:
a. Forage seeding to improve big game habitat and reestablish hiding
cover; e.g., trees and shrubs.
b. Reshaping discarded pit materials and covering with topsoil to augment
forage production and assure that pits do not become hazards or traps
for big game."
The ODF&W letter was included in the record and labelled Exhibit 5 by Planning
Division staff.
Other Agencies
Page 4 - Findings & Decision (PA -94-2 & ZC-94-2)
01.37-1280
The following agencies had not submitted a response to the notice of this application at
the time the record was closed:
Watermaster, District 11; Department of Geology and Mineral Industries (DOGAMI);
Highway Division, ODOT; and BLM.
7. PUBLIC COMMENTS: No letters or comments were submitted from the public
regarding these applications.
V. REQUIRED FINDINGS AND CONCLUSIONS
The Hearings Officer makes the following required findings of fact and conclusions of law
regarding the above -referenced land use application:
1. Comprehensive Plan Inventory Listing and Plan Amendment
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."
FINDING: Statewide Planning Goal 5 and its implementing rule, OAR Chapter 660,
Division 16, require local governments to identify aggregate resources through an
inventory of resource sites throughout the county and to determine the significance of
a mineral or aggregate resource site by evaluating the location, quantity and -quality of
a particular site. This application is being reviewed within the framework established
by Statewide Land Use Planning Goal 5 and its implementing administrative rules.
The following plan policies, from the Surface Mining section of the Resource
Management section of the Comprehensive Plan are applicable to review of this
application:
6. Land use decisions of the County shall be based upon balanced
consideration of the location, availability and value of mineral and
aggregate resources, and conflicting resources and uses as designated in the
comprehensive plan.
FINDING: The County's decision regarding this application will be based upon a
balanced consideration of the location, availability and value of the mineral and
aggregate resource and conflicting resources and uses designated in the comprehensive
Page 5 - Findings & Decision (PA -94-2 & ZC-94-2)
013'7-1281
plan. The plan identifies this area for deer winter range use and that use has been
considered in this review.
8. Sufficient SM (Surface Mining) zoning shall be maintained by the County
to satisfy, at a minimum, the demand for mineral and aggregate resources
of the County as reflected by the data contained in the comprehensive
plan. The County shall not deny SM zoning for any mineral and
aggregate resource site for the sole reason that the demand of the County
for that resource has been satisfied by the SM zoning of other sites.
FINDING: Planning staff has stated that select fill is in short supply and that there is
a demand for its use at building sites within the Bend urban area.
10. A mineral and aggregate resource site not on the current inventory shall be
placed on the inventory and zoned SM when the following conditions are
met:
FINDING: The subject property is not included on the County's inventory of mineral
and aggregate resources (Ordinance No. 90-025) as a site presently available for
mineral and aggregate extraction. Ordinance No. 90-025 referred to the subject
property as Site 496, owned by William Walton and included a finding that there was
insufficient information to list the site on the county's mineral and aggregate inventory
list in 1990.
(a) A report is provided verifying the location, type, quantity and
quality of the resource; and .
FINDING: The applicant has submitted a Quantity/Quality Assessment
prepared by Mark V. Herbert & Associates dated February 28, 1994. This
report concludes, on the basis of previous reports for the ODOT pit and 17
backhoe test pits recently examined on the subject property, that this site
contains a significant amount of select fill material. The report indicates that
sand and gravel deposits were encountered over 108 acres to a depth of an
average of 12 feet. Many of the test pits show that the depth of the material
exceeds 15 feet.
Approximately 93 acres of the site will be available for extraction after
setbacks and cut slopes are taken into account. The report estimates that over
1,800,000 cubic yards of extractable material exists at this site. An earlier
ESEE analysis report submitted to the County by Mr. Hprbert concludes that
there are 550,000 cubic yards of select fill material on the site, but that number
is in error as it was based on an earlier analysis which used information
gathered from the adjoining ODOT property, rather than from the subject
property. An analysis of the subject property by Mr. Herbert determined that
Page 6 - Findings & Decision (PA -94-2 & ZC-94-2)
013'7-1'82
the depth of the select fill resource on the subject property is deeper than
previously estimated.
The material encountered is described in the report as excellent for select fill
purposes. Material meeting the quality specifications for ODOT concrete does
not appear to be present, although the owner may complete additional testing
after mining operations are started. The report states however, that the
material present at this site is second only to the material from Deschutes
Ready -Mix with respect to quality for select fill use. This material will be
suitable for construction back fill, moderate to heavy building loads and
roadway construction according to the applicant's engineer.
(b) The Goal 5 conflict identification and resolution (ESEE) process
results in a determination that the resource is of sufficient
importance relative to conflicting resources and uses, if any, to
require protection.
FINDING: The applicant submitted a Goal 5 conflict identification and
resolution analysis. Planning Division staff also prepared a Conflict Analysis
and ESEE Findings and Decision document for Site No. 496 for possible
adoption by the Board of County Commissioners, as required by OAR 660-16-
000. That document has been amended by the Hearings Officer to be
consistent with the Hearings Officer's recommendation in this matter. Both
documents conclude that the mineral and aggregate resource present on the
subject property is of sufficient importance, relative to conflicting resources
and uses, to require protection. The Conflict Analysis and ESEE Findings also
concludes that the use of the property as deer winter range is a conflicting Goal
5 resource. The program to meet Goal 5 at this site, therefore, includes
closure of the site for blasting, mining and rock crushing activities, during
winter deer range use, December 1 through April 30, in order to achieve a
balance between the competing resource uses. The program to achieve the
goal also includes the closure of all vehicle access points to the property from
December 1 through April 30, in order to prevent conflicts between deer and
vehicles and removal of roads after mining operations are completed.
11. The County shall identify and protect sites for the storage, extraction and
processing of mineral and aggregate resources within the framework of
Goal 5 and its implementing administrative rules.
FINDING: The rezoning process presently being conducted by the County identifies
this site for storage, extraction and processing of mineral and aggregate resources
within the framework of Goal 5 and its implementing administrative rules.
2. Land Use Planning Goals
Page 7 - Findings & Decision (PA -94-2 & ZC-94-2)
013'7-1283
Goal 5 and Implementing Administrative Rules
FINDING: The County's Conflict Analysis and Findings and Decision document
identifies Goal 5 resources existing on the subject property, determines the quality of
the resources, identifies conflicting use, analyzes the conflicts between those uses and
recommends a program to achieve Goal 5, as required by Goal 5 and its implementing
administrative rules.
Other Goals
FINDING: Deschutes County addressed compliance with Land Use Goals, other than
Goal 5, at the time that it adopted its surface mining inventory in 1990 (Ordinance
No. 90-29). Those findings are general; but are appropriate for application to the
present rezoning request.
3. Rezoning Standards
Deschutes County Code, Section 18.136.030
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.
FINDING: The applicant's proposal to change the designation of the subject property
on the comprehensive plan maps from Agriculture to Surface Mining is consistent with
the goal of the Surface Mining chapter of the comprehensive plan to identify and
protect mineral and aggregate resources, if the weighing of conflicting uses results in a
conclusion that such resource should be protected or protected but limited to minimize
conflicts with other uses. The proposed zone change to Surface Mining will be
consistent with the proposed surface mining comprehensive plan designation, once the
Plan has been amended by the Board of Commissioners.
B. That the change in classification for the subject property is consistent with
the purpose and intent of the proposed zone classification.
FINDING: The purpose and intent of the .proposed SM, Surface Mining, zone is to
implement the goals and policies of the Comprehensive Plan, allow development and
use of identified deposits of mineral and aggregate resources consistent with Statewide
Planning Goal 5, protect health and safety of the public and residents of adjoining
properties and conflicting natural resources, to provide for reclamation and protection
of land and water resources and to provide for cooperation between private parties
Page 8 - Findings & Decision (PA -94-2 & ZC-94-2)
0137--1284
and governmental entities in order to achieve the purposes of the zone, Comprehensive
Plan and state and federal regulations.
The proposed zone change, from EFU to SM is consistent with the purpose and intent
of the SM zone to allow development and use of identified deposits of mineral and
aggregate resources consistent with Statewide Planning Goal 5. The restrictions
imposed by the SM zone upon mining operations, through site plan review and
approval, are designed to assure compliance with state and federal regulations. The
health and safety of the public and residents of adjoining properties will be protected
by State of Oregon air quality regulations and County site plan review. Conflicting
resources are identified and balanced against the value of the mineral and aggregate
resource in the County's Conflict Analysis and ESEE Findings and Decision
document. Limitations on the use of the site for resource extraction are recommended
to protect conflicting resources. Reclamation is required by state law.
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.
FINDING: This property will be served by an existing paved road to the
property, formerly the state highway. This road shows no signs of recent
maintenance. Cracks riddle the road surface, providing a home for native
plant life. The Hearings Officer believes that, in its present condition, the old
state highway may quickly deteriorate when used by fully loaded trucks, at the
projected rate of 20 trips per day. The County's surface mining zone allows the
County to require road improvements or fees in lieu of improvements to public
roads, as a condition of site plan approval, if increased traffic on the roads
from the mining operation will damage the road sufficiently to warrant off-site
improvement. The existence of this condition will allow the County to assure
that the old state highway is adequate to provide access to the site for the
applicant's trucks, employee vehicles and heavy .equipment.
No additional public services or utilities in the area will be required in order
for the site to be used as a source of mineral resources, with the exception of
water. Water is needed in surface mining operations for dust control. The
County's site plan requirements for surface mining require the mine operator to
control dust emissions. Water is, typically, obtained off-site and hauled to a
site by water trucks. Avion Water Company and water hauling services in the
Bend area provide water that may be used in mining operation. If the
applicant's site plan requires water to control dust emission, the applicant will
be required to obtain a source of water as a condition of site plan review.
Page 9 - Findings & Decision (PA -94-2 & ZC-94-2)
0137~1285
b. The impacts on surrounding land use will be consistent with the
specific goals and policies contained within the Comprehensive Plan.
FINDING: Surface mining is an activity that impacts surrounding lands.
DCC 18.56.020 provides that a SMIA zone shall apply to all property within
one-half mile of the boundary of a surface mining zone and that the extent and
location of the SMIA zone shall be designated at the time the adjacent surface
mining zone is designated. The SMIA zone limits the use of adjoining
property for noise or dust sensitive uses or structures, effectively requiring
adjoining owners to provide setback areas for the mining operation. Farm use
is exempted from the provisions of the SMIA zone.
The imposition of a SMIA zone on adjoining properties will not prevent their
use for mining or agricultural uses or other uses allowed in the EFU zone.
Adjoining properties do not show any recent evidence of any use. The allowed
uses conflict, but that conflict will be minimized by the provisions of the SMIA
and SM zones. Surface mining is often conducted adjacent to property zoned
EFU. The SMIA zone will place limitations on the siting of dwellings, but the
large size of the surrounding parcels, evidenced by County maps of the
surrounding area, and the minimum lot size of 320 acres applicable to this
zone, will allow owners to site homes in locations that are a reasonable
distance from the subject property. Approval of this rezoning application will
be consistent with the Surface Mining goals of the plan, as discussed above,
and will have a minimal impact on surrounding agricultural lands and the goals
of the Agricultural Lands section of 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.
FINDING: At the time that the property was last zoned in 1990, there was
insufficient information on the quality and quantity of the mineral and aggregate
resources on the subject property to enable the County to zone the subject property for
surface mining. The applicant has obtained the services of, Mark V. Herbert &
Associates, Geotechnical Consultants, to determine the quality and quantity of
aggregate and mineral resources on the subject property. Mr. Herbert has studied the
subject property and tested for mineral and aggregate resources and has concluded that
approximately 1,800,000 cubic yards of select fill material exist on the subject
property. This change in circumstances warrants reconsideration of the County's
decision to zone the subject property EFU.
4. OAR 660-12-060. Plan and Land Use Regulation Amendment
660-12-060 (1) Amendments to functional plans, acknowledged comprehensive plans, and
land use regulations which significantly affect a transportation facility shall assure that
Page 10 - Findings & Decision (PA -94-2 & ZC-94-2)
allowed land uses are consistent with the identified function, capacity, antp1vel'of
service of the facility. This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the planned function, capacity
and level of service of the transportation facility;
(b) Amending the TSP to provide transportation facilities adequate to support the
proposed land uses consistent with the requirements of this division; or
(c) Altering land use designations, densities, or design requirements to reduce
demand for automobile travel and meet travel needs through other modes.
(2) A plan or land use regulation amendment significantly affects a transportation
facility if it:
(a) Changes the functional classification of an existing or planned transportation
facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of land uses which would result in levels of travel or
access which are inconsistent with the functional classification of a transportation
facility; or
(d) Would reduce the level of service of the facility below the minimum acceptable
level identified in the TSP.
(3) Determinations under section (1) and (2) of this rule shall be coordinated with
affected transportation facility and service providers and other affected local
governments.
FINDING: The applicant's mine is the only property adjoining the old Bend -Burns Highway
that will make significant use of the road. All other adjoining parcels are vacant at this time.
The section of the old Bend -Burns Highway that provides access to the subject property,
starts and ends at Highway 20 and is virtually deserted. The volume of traffic generated by .
the proposed use is estimated at 20 truck trips per day, during mining operations. This low
level of traffic should not change the functional classification of the road or change standards
implementing a functional classification system. The level of land use on the subject property
is so low that it will not result in levels of travel or access which are inconsistent with the
functional classification of the facility nor will it reduce the level of service of the facility
below the minimum acceptable level identified in the TSP. ODOT, the entity responsible for
the roadway, was provided notice of the proposed activity, and did not comment on the
application.
The primary impact of the proposed mining operation on the roadway will be caused by the
weight of the trucks used by the applicant, especially when fully loaded. Trucks cause roads
to deteriorate quickly. The County's site plan requirements for mining operations will,
however, provide ODOT with an opportunity to require the applicant to reimburse ODOT for
the costs of repairing the damage and wear to the road caused by trucks and vehicles
associated with the mining operation.
Page 11 - Findings & Decision (PA -94-2 & ZC-94-2)
01.37'1287
5. Notice
Chapter 22 of the County Code sets forth the procedures for processing applications. This
application has been processed in accordance with the requirements set forth in the County
Code with respect to notice, preparation of a staff report and record keeping.
6. Implementing Ordinances
All zone changes and comprehensive plan amendments must be adopted by the Board of
County Commissioners by ordinance. Such ordinances will be prepared by the Planning
Division and Legal Counsel.
The Hearings Officer's decision of the zone change application shall become final ten
days after the decision is mailed unless the decision is appealed.
-}h
DATED this a�' day of July, 1994.
Liz Fan Barings Officer
Page 12 - Findings & Decision (PA-94-2 & ZC-94-2)