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1995-24359-Ordinance No. 95-040 Recorded 7/12/1995REVIEWED- 95-24359 EVIEW D95"24359 LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON *0147-0709 An Ordinance Amending Title 19, c-� ~ the Bend Urban Area Zoning Map, Changing the Zone Designation from - SM to UAR-10 on Certain Property ' in the Bend Urban Area, and Declaring an Emergency. ORDINANCE NO. 95-040 WHEREAS, a portion of tax lot 10ORI in the southwest quarter of Section 2 of Township 18 South, Range 11 East, Willamette Meridian, encompasses 160 acres zoned as Surface Mining, SM, under the Bend Urban Area Zoning Ordinance; and WHEREAS, Cascade Highlands, Ltd., Partnership has proposed a Zone Change to Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Map, to rezone the parcel from SM to UAR-10, Urban Area Reserve; and WHEREAS, after notice was given and hearing conducted on May 2, 1995 in accordance with applicable law, the Deschutes County Hearings Officer has approved the proposed change to the Bend Urban Area Zoning Map; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS as follows: Section 1. That Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Map, as amended, is further amended to change the zone designation for the subject property, described as that portion of tax lot 10ORI in the southwest quarter in Section 2 of Township 18 South, Range 11 East, Willamette Meridian, and as further described by the legal description attached hereto as Exhibit A and the map set forth as Exhibit B, both of which exhibits are incorporated herein by reference, from SM to UAR-10. Section 2. In support of its decision, the Board adopts the Decision of the Deschutes County Hearings Officer, attached as Exhibit C and incorporated herein by this reference and the Conflict Analysis and ESEE Findings and Decision for the subject surface mining site, attached hereto as Exhibit D and incorporated herein by this reference. Section 3. 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code section or map feature unless a provision of this ordinance shall so expressly provide, and such ordinance repealed shall be treated 1 - ORDINANCE 95-040 //,;CR0F1LMED KEYP(4EC JUL 1 9,199s J4014,1995 0147-0710 as still remaining in force for the enforcement of such duty,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 4. 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 /c�, day of July, 1995. A ST: Recording Secretary 2 - ORDINANCE 95-040 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON EXHIBIT A TO ORDINANCE 95-040 0147-0711 LEGAL DESCRIPTION Southwest quarter of Section 2, Township 18 South, Range it East, Willamette Meridian, Descbutes County, Oregon. EXHIBIT C TO ORDINANCE 95-040 �--IE277231<9 , DECISION OF DESCHUTES COUNTY HEARINGS OFFICER w r FILE NUMBER: ZC-94-08 y NUAMT HEARING DATE: May 2, 1995 APPLICANT/ OWNER: Cascade Highlands Ltd. Partnership .9LPLELZWI REQUEST: The applicant is requesting a Zone Change from SM to UAR-10 for lands encompassing 160 acres. STAFF: David B. Leslie, Associate Planner The Hearings Officer hereby adopts the Staff Report, modified so that the first sentence of paragraph #5 on page 2 reads: "The applicant is requesting that the County rezone the property to UAR-10, Urban Area Reserve." This modification reflects that the subject parcel was never listed on the County's inventory of sites with significant mineral and aggregate resources. The Conflict Analysis and ESEE Findings and Decision for Site No. 374 is adopted as presented by Staff. Based upon the findings set forth in the Staff Report, and the findings and conclusions set forth in the Conflict/ESEE Analysis, the Hearings Officer recommends that the Board of Commissioners approve the zone change from SM to UAR-10. The evidence presented clearly showed that the initial SM zoning of the subject Property was an error. Dated this �-ay of June, 1995. ,1 dli istop C. Eck, Hearings Officer 1 - ZC-94-08 0147-0'114' COUNTY PLANNING DIVISION STAFF REPORT FILE NUMBER: ZC-94-08 DATE: May 2, 1995 TIM: 7:00 P.M. PLACE: Room A, Juvenile Justice Building 1128 N.W. Harriman Bend, Oregon 97701 APPLICANT/ OWNER: Cascade Highlands Ltd. Partnership ATTORNEY: Nancy Craven REQUEST: The applicant is requesting a Zone Change from SM to UAR-10 for lands encompassing 160 acres. STAFF CONTACT: David B. Leslie, Associate Planner I. APPLICABLE CRITERIA: 1. Bend Area General Plan. 2. OAR 660-12-060, Plan and Land use Regulation Amendments 3. Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance. - Chapter 19.116, Amendments, Appeals and Procedures. 4. Title 22 of the County Code, Procedures Ordinance. II. PROCEDURE: This land use action is a quasi-judicial zone change that involves lands designated for surface mining use. DCC ZC-94-8 Page 1 a., 22.28.030(1) requires the Board of County Commissioners (Board) to adopt a zone change. 22.28.030(2) requires the Board to adopt the Hearings Officer's decision unless the Board initiates an appeal or review of this decision. III. FINDINGS OF FACT: 1. LOCATION: The subject property is located inside the outer urban growth boundary of the City of Bend, approx- imately 1-1/2 miles west of the city limits and about 2500 feet from the boundary of the Broken Top develop- ment. The subject property encompasses 160 acres and is identified as the southwest quarter of Section 2 on Deschutes County Assessor's Map 118-11 and is a portion of Tax Lot 1100RI. This area encompasses a mining site known as Site No. 374 in the County's documents regarding surface mining. Lands to the immediate south and west are located in the Deschutes National Forest and are managed by the U.S. Forest Service. 2. ZONING AND CONPREHENSYVE PLAN DESIGNATION: The subject property is zoned SM, surface mining, and is designated as Urban Reserve (within the Open Lands category) on the Bend Urban Area Comprehensive Plan map. 3. SITE DESCRIPTION: The property consists of lands which slope generally to the northeast with two parallel drainages leading northeast through the center of the property and near the southeastern corner. Slopes are generally five to ten percent, with steeper slopes along the margins of the two drainage courses. Numerous large conifers are growing within the western third of the property. The remainder of the acreage is mostly open land with grasses and other arid climate vegetation and an occasional pine or juniper which survived the 1990 Awbrey Hall fire. Many burned trees are present in the form of snags and blown down timber as a result of this fire. 4. SURROUNDING PROPERTY: The adjacent forest service lands are zoned F-1, Forest Use and WA, Wildlife Area Combining. Adjacent lands to the north and east are designated and zoned for urban reserve use, while the Broken Top development farther east is zoned RS for standard residential use. 5. REQUEST: The applicant is requesting that the County ' rom a oun y s oa miners an a rezone the property to UAR-10, Urban Area Reserve. The applicant has submitted a burden of proof statement revised on January 5, 1995, including eight appendices, in support of this application. A list of the contents of mater- ial submitted by the applicant with the application is attached hereto as Exhibit A. ZC-94-8 Page 2 0147-0116 6. AGENCY C014KENTS: The Planning Division solicited comments from affected agencies and departments. Their responses are as follows: Property Address Coordinator: The address of record for this property is 19200 Century Drive, Bend. Bend Ranger District, U.S. Forest Service: "We have reviewed our situation in regard to this application. The proposed action will have limited effects upon the adjoining National Forest land. We have no objections to the zoning change." The following agencies submitted a response indicating they had "no comments": Bend/LaPine School District, City of Bend, Watermaster - District 11, Deschutes County Public Works, Bend Fire Department, Deschutes County Assessor, and Deschutes County Transportation Planning. The following agencies had not commented at the time the staff report was prepared: Bend Parks and Recreation District and Oregon Department of Fish and Wildlife. 7. PUBLIC COMKNTS: No letters or comments were submitted from the public regarding these applications at the time this staff report was prepared. IV. REOUIRED FINDINGS AND CONCLUSIONS: I. Bend Area General Plan Plan Policies: The Mineral and Aggregate Resources chapter of the Bend Area General Plan (Plan) refers to several specific mining sites located in the urban growth boundary where active mining operations are currently underway. The ESEE decision in this chapter indicates that the areas where mining is already occuring "provide for protection of the resource sites in the short run." The subject property has never been mined and does not appear to be one of the sites referenced in the Plan. The proposed change in zoning would still allow for mining to contin- ue on those lands where this activity occurs and will be consistent with the goals of this chapter of the Plan. The Urban Reserve comprehensive plan designation falls within the Open Lands classification in the Plan. Plan policy number 4 for Open Lands indicates: ZC-94-8 Page 3 ®14'7-07-11 The County and City shall apply the require- ments of the deer winter range overlay zone to any development in the urban reserve area adjacent to or within one mile of the WA designation on the County Plan or zoning maps. The subject property is immediately adjacent to Forest Service lands zoned WA by the County. This particular policy will be applicable to future development on the property but has no direct bearing on the proposed zone change since no development of the property has been proposed at this time. Inventory Listing: In 1990, Deschutes County included a list of mining sites located within the urban growth boundary as part of its package of material regarding surface mining completed to comply with Goal 5. This list, Exhibit "A" of Ordinance No. 90-025, was for information purposes and the quantities of mineral and aggregate resources on each of the sites was used to calculate the total amount of these resources available. However, this group of sites was not adopted by the County as part of the County's inventory of mineral and aggregate sites. Therefore, although the subject property is included on Exhibit "A" as site no. 374, it will not be necessary for the County to prepare an ordinance to amend this exhibit if the Hearings Officer approves the proposed zone change. Similarly, since the site is not referenced in the Plan, it will not be necessary to amend the Mineral and Aggregate Resources chapter in the Plan if the zone change is approved. 2. Land Use Planning Goals Goal 5 and Implementing Administrative Rules: Staff Finding: The County's Conflict Analysis and ESEE Findings and Decision (ESEE) for Site No. 374, attached herto as Exhibit B is a modification of Appendix item no. 8 submitted by the applicant. The ESEE identifies the quality of the mineral and aggregate resources on the subject property, identifies conflicting uses, analyzes the economic, social, environmental and energy consequences of the conflicting uses -and determines their relative importance, in accordance with Statewide Planning Goal 5 and its implementing administrative rules. The ESEE concludes that this site does not contain significant mineral and aggregate resources and that the property should be rezoned from SM to UAR-10. ZC-94-8 Page 4 3. Rezoning Standards: 0147-C 113 Deschutes County Code, Section 19.116.030: Under Section 19.116.030 of the Bend Urban Growth Boundary Zoning Ordinance, the findings below address the standards required for a zone change as follows: "A. That the change conforms with the Comprehensive Plan. Specifically, the change is consistent with the plan's intent to promote an orderly pattern and sequence of growth•" Staff Finding: The zone change to a UAR-10 designation is consistent with Bend's General Plan since the subject property has a plan map designation of Urban Area Reserve (UAR) and is located within the area intended to serve as a holding category for future urban develop- ment. The General Plan describes the UAR-10 zone as follows: "Urban Reserve - Areas within the urban growth boundary, but outside of the IUGB. These areas shall be considered first for inclusion in the IUGB area when need for additional urbanizable land occurs." A rezone of the subject property to UAR-10 is consistent with its existing plan designation and the plan's intent to promote an orderly pattern and sequence of growth. The property is well situated to promote an orderly pattern of growth. It is bounded by the west by Forest Service land. It is otherwise surrounded by urbanizable land. Given the surrounding UAR-10 designations, the redesignation of the property as UAR-10 land is consistent with the long-term pattern and sequence of growth for the area. "B. That the change will not interfere with existing development, development potential or value of other land in the vicinity of the proposed action." The UAR-10 designation will not interfere with existing development or development potential of other lands in the vicinity. The surrounding land within one-half mile of the subject property is either federal public lands or other private property already designated UAR-10. The federal lands are part of the Forest Service lands and are currently undeveloped. An existing mining operation will be closed in 1995. Because the development potential for Forest Service land is extremely limited by law, it can be anticipated that current uses of adjoining federal lands for timber and recreation would continue indefinitely. Obviously, the ZC-94-8 Page 5 0147-6 i°19 proposed zone change would not significantly affect the value of the federal land in terms of existing or potential uses. The designation of the property as UAR-10 lands is consistent with. the surrounding privately -owned lands and serves as an appropriate holding category for future Bend growth transitioning to the federal and private forest resource lands further west. With respect to the surrounding UAR-10 lands, the zone change will allow the current SM land to be developed in a manner consistent with and in a manner compatible with the rest of the UAR-10 lands. The UAR-10 designation will allow the development of the property in a manner consistent with the eventual development of the adjoining UAR-10 lands. "C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification." The stated purpose of the UAR-10 zone is to serve as a holding category and to provide opportunity for tax differentials as urban growth takes place elsewhere within the planning area, and to be preserved as long as possible as useful open space until needed for orderly growth (Section 19.12.010). The zone change request for the subject property is consistent with the adjoining privately -owned land, all of which is zoned UAR-10. By designating this property in a manner consistent with all other privately -owned land on the western edge of Bend, the purpose of the UAR-10 zone will be served since the property will be part of the urbanizable land available for urban growth when appropriate. Since the property is not a significant aggregate resource, and, in fact has only an insignificant quantity of marginal aggregate and pumice resources, rezoning the property as urban reserve land meets the purpose and intent of the UAR-10 zone. "D. That the change will result in the orderly and efficient extension or provision of public services. Also, that the change is consistent with the County's policy of provision of public facilities." The zone change to UAR-10 will permit the subject property to receive public facilities and services at the same time as the UAR-10 property located in the other similarly situated areas west of Bend. The location of the property insures that the extension of service will be orderly and efficient and that there will be no leaf- frogging of undeveloped areas. As a result, the zone change request is consistent with the ZC-94-8 Page 6 10(1;© 0147-0 policy for the provision of public services under the County's policy. "E. That there is proof of a change of circumstances or a mistake in the original zoning." The geotechnical information submitted as a part of the application documents that the original SM zoning was inappropriate. Further, the review of the county's and city's Goal 5 records indicates that prior to this application, there has never been an appropriate Goal 5 mineral and aggregate significance analysis completed for the Property. As a part of this application in conjunction with the geotechnical analysis on location, quality and quantity, the applicant's experts have undertaken an ESEE analysis. A review of the ESEE factors under Goal 5 supports the geotechnical information that an SM designation and any mining on the Property is not an appropriate use. Thus, both the geotechnical information and the Goal 5 ESEE analysis confirm that the original SM designation was an error and was not supported by appropriate scientific or ESEE analysis information. 4. Title 22 of the County Code, Procedures Ordinance. 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. 5. Implementing Ordinances. All zone changes must be adopted by the Board of County Commissioners by ordinance. An ordinance will be prepared by the Planning Division and Legal Counsel if the Hearings Officer approves the proposed zone change. CONCLUSION AND RECOMMODATION: On the basis of the geotechnical information submitted with the application, the applicant has demonstrated that the SM zoning on the property is a mistake. The property is not a significant Goal 5 resource as documented by the analysis of the location, quantity and quality of aggregate resource material at this site. The insignificance of the aggregate resource, as demonstrated by the applicant's geotechnical reports together with the ESEE, supports the applicant's request to rezone the property from SM to UAR-10. Based upon the findings above, it is recommended that the Hearing's Officer recommend approval of the applicant's request to approve the proposed zone change of the subject property from Surface Mining to Urban Area Reserve (UAR-10). ZC-94-8 Page 7 E�LHIBIT "A" "� 47� SITE NO. 374 CONTENTS OF APPLICANT'S SUBMITTAL 1. Burden of Proof Statement, pp 1-13 2. Site Map 3. State In Support of Application, pp 1-8 4. Miscellaneous Information 5. Appendix A.1 Surface Mining Data a. Operating Permit issued to Lundgren, 01/17/77 b. DOGAMI Report on On -Site Inspection, 02/08/77 C. DOGAMI Surface Mining Operating Permit, 03/07/77 d. Conditional Use Permit Application with letter and site maps, 04/12/77 e. Deschutes County Planning Director;s report and facts and recommendations, 05/09/77 f. Deschutes National Forest comments on proposed sand and gravel pit, 05/10/77 g. Lelco, Inc., gravel pit rehabilitation plan, 05/19/77 h. Deschutes County Planning Notification of Conditional Use Approval, 05/20/77 i. Deschutes County Planning Notification of reclamation Plan Approval, 06/06/77 j. DOGAMI Surface Mining Operating Permit and renewal, 02/21/81 k. DOGAMI Report of On -Site Inspection, 02/23/81 1. DOGAMI Surface Mining Permit renewal, 03/03/81 M. DOGAMI Report of On -Site Inspection, 05/18/82 n. J. Freedman & Co. request to expand surface mining zone, 06/29/88 A2. Land Use Feasibility Study of Lundgren Property, Century West Engineering A3. Deschutes County Ordinance No. 90-025, 07/12/90 A4. Mineral and Aggregate Resources - City of Bend Comprehensive Plan A5. Bend Area General Plan, Urban Area Reserve, pages 17 and 18, 05/18/93 A6. Subsurface Exploration Report by Siemens. & Associates, 12/20/94 A7. Updated Evaluation of Mineral Resources by David J. Newton Associates, 01/03/95 A8. Draft ESEE Findings and Decision, Site 374 ZC-94-8 Page 8 EXHIBIT D TO ORDINANCE 95-040 0 14'7 - 0 � -1 " AZN 2 CONFLICT ANALYSIS AND ESEE FINDINGS AND DECISION Site No. 374 Site Number 374, located in Township 18 South, Range 11 E, W.M., southwest quarter of Section 2, came before the Hearings Officer for hearing on May 2, 1995 and before the Board of Commissioners (Board) for hearing on July 12, 1995 . On June 27, 1995 the Hearings Officer made a preliminary decision on this site. By adoption of these findings and this decision, the Board confirms and ratifies that preliminary decision. The purpose of the hearing before the Board was to determine whether the subject site, listed on the County's inventory of aggregate sites, should be reclassified under the County's zoning regulations as UAR-10. The site currently has a comprehensive plan map designation of urban area reserve (UAR). For the reasons given below, the Board determines that this site should be rezoned to UAR-10. PRELIMINARY FINDINGS Site Number 374 comprises 160 acres and is located approximately one and one-half miles from the Bend City limits and is about 2500 feet from the boundary of the Broken Top development. The site is owned by Cascade Highlands Limited Partnership and is currently zoned SM with a UAR plan designation. The surrounding land within one-half mile is either federal public lands or other private property already zoned UAR-10. This property was rezoned from agricultural to SM in 1981 (Ordinance No. 80-217). The reason for the rezoning of the property at that time is not clear. The County's records do not contain any site-specific geotechnical information or analysis evaluating the aggregate resource supporting the SM designation. While there is some evidence of exploration pits, there has never been any active mining on the property. In addition, neither the City of Bend nor Deschutes County has completed a Goal 5 ESEE process for the property (neither in 1981 or any subsequent time) which would result in a determination of the property's significance or insignificance as an aggregate resource. The City's Goal 5 inventory of mineral and aggregate resource sites does not include the property as a designated mining area or resource inventory site. It does not designate inactive or insignificant resource sites. Since the City's plan only considers active mining sites in its general ESEE analysis, the City's inventory does not include an ESEE analysis of the significance under Goal 5 (location, quantity and quality) of aggregate resources, if any, and cannot be the basis for the SM designation for this site. Because the County's Goal 5 ESEE work excluded sites within the urban growth boundaries of the City of Bend and Redmond, inventory data on location, quality and quantity of the resource was not developed and an ESEE analysis was not prepared. So while this property is listed on the County inventory, it has not been subject to a Goal 5 review process. 1 - ESEE FINDINGS AND DECISION - SITE NO. 374 01 tt7- 01 A.,3 APPLICABLE CRITERIA Criteria applicable to this decision are Statewide Planning Goal 5, its implementing rule, OAR 660-16-000, and Deschutes County Ordinance 90-028, revising the Deschutes County Year 2000 Comprehensive Plan regarding surface mining goals and policies. HEARING AND EXHIBITS Prior to the hearing on this site, a staff report was prepared setting forth the site's aggregate resources and conflicting resource and use values. The report, which was entered into the record at the hearing before the Hearings Officer and the Board, identified conflicting resources and uses and their impacts and evaluated the economic, social, energy and environmental consequences of protecting the mineral resource or in the alternative, protecting the conflicting values or uses. A list of the contents of the record is appended hereto as Exhibit A. ESEE FINDINGS AND CONCLUSIONS 1. Inventory. There is no ESEE information to support this site's position on the County's SM inventory, but historically there has been some permitting activity on the site which was not accompanied by resource quantity or quality information. In the late 1970's, a prior owner requested a mining permit from DOGAMI. There was no geotechnical information available to support a claim of aggregate on the site but an estimate of 48,000 cy/acre was submitted. A DOGAMI permit and County conditional use permit were issued, but no mining ever occurred. In May of 1982, DOGAMI canceled the permit and closed the file at the request of the applicant. The report stated: "This is a surface mining permit which has never been mined. At this time the applicant requests closure of the site, as economic conditions indicate mining will not be practical in the near future. There are a few small test holes dug on the property." In 1980, the prior owner retained David Newton and H.T. Kuper, geologists with Century West Engineering Corporation, to make a land use feasibility study of the 1688 acre property, designed to be a geological overview of the location and potential sources of materials and their interpretations for land use capabilities. The report concluded that the gravel deposits were of such limited extent and poor quality that the deposit constitutes a poor gravel aggregate resource. The report further concluded that the site had some potential for pumice (although the portions zoned SM for gravel extraction were not included as potential), that the limitations including overburden thickness and density, questionable suitability as a structural fill material, and the availability of the pumice at other offsite areas undermine the value of the site as a pumice mining resource." Two geological experts were engaged in 1994 in order to establish the existence and significance (location, quality and quantity under Goal 5) of the resource, if any, on the property. Siemens & Associates was retained to explore the property by trenches or borings to identify and evaluate the resource on the property. A copy of the Siemens on-site geotechnical work is attached as Exhibit A.6. David Newton & Associates was retained to 2 - ESEE FINDINGS AND DECISION - SITE NO. 374 0147-614 review the Siemens report in the context of its prior investigation of the property in 1980. David J. Newton of David Newton & Associates was then Director of the Century West geological engineering department and authored the 1980 property feasibility study previously referred to as Exhibit A.2. These geotechnical reports conclude that the quality and quantity of resource is not significant and that the location of the resource is such that it is not economically feasible to mine the site. 2. Site Characteristics. The site slopes north and easterly with the drainage extending northeast through the approximate center of the property and a similarly trending drainage in the southeastern corner. The slopes are generally between five and ten percent, although steeper terrain exists along the margins of the drainage courses, particularly in the northeastern and northwestern areas. The property's westerly third supports a healthy stand of coniferous trees with maximum trunk diameters on the order of two feet. These trees represent the majority of those that were saved from the Awbrey Hall fire of 1990. The remainder of the 160 acres is mostly open, and land supporting a sparse to moderately dense growth of wild grasses and low noxious weeds along with an occasional surviving pine and juniper from the 1990 fire. A considerable quantity of charred timber remains standing and as downfall. 3. Conflicts Analysis. A. Resource Conflicts 1. Wildlife. The site is not mapped as a Wildlife overlay and is not designated as part of the winter deer range. There are areas adjacent lands to the south and west which are designated as Wildlife Area Combining Zone (WA). 2. Open Space and Scenic Values. The subject site is visible from a number of residential developments on the west side of Bend and due to the loss of pine forest stands from the Awbrey Hall fire, the site would be subject to a loss as a scenic resource within this area and would adversely affect those Goal 5 resources. The County finds that open space and scenic resources conflict with zoning for surface mining in that full protection of such resources, accounting for impacts of habitat destruction and topographical alteration, noise and increased human presence could preclude zoning for surface mining. Conversely, the County finds that the noise, dust, increased traffic, and physical scarring of the landscape associated with surface mining would impact open space and scenic resources in a manner that would adversely affect those Goal 5 resources. B. Land Use Conflicts Land uses permitted in the UAR-10 zone surrounding the site are set forth in Title 19 of the Deschutes County Code. Uses outright include farm use, single-family dwelling, accessory uses, home occupations, and daycare facilities. 3 - ESEE FINDINGS AND DECISION - SITE NO. 374 Uses permitted conditionally include (the following is a partial list): guest ranch, stables, livestock feedlot and sales yard, cemeteries, churches, schools, recreation facility, kennel, planned unit development, destination resort and mining. With the exception of mining, all uses are conflicting in that use of the surface area for mining conflicts with other uses needing surface area. Uses such as agriculture may not be conflicting from this standpoint on unexcavated portions of the site. Other uses in the UAR-10 would be conflicting. The County finds that given the impacts of noise, dust, traffic and physical scarring of the landscape associated with surface mining, all UAR-10 uses are conflicting in that full protection of those uses would preclude zoning for surface mining. 4. Current Mining Use of Site. The County finds that surface mining was never conducted on the site including the years that is was permitted by DOGAMI from 1977 to 1982. DOGAMI canceled the permit and closed the file at the request of the applicant. In 1980 the owner retained a geologist to determine land feasibility and suitability of the materials for mining. The report concluded that the gravel deposits were of "such limited extent and poor quality that the deposit constitutes a poor gravel aggregate resource." The relevance of the ESEE discussion below is primarily whether the site should continue to be zoned SM or be designated for a different zone due to the insignificance of the resource at the site and the conflicting use analysis. Resource Conflicts Protection of Aggregate Resource 5. Economic Consequences. The County finds that economic consequences to protecting the aggregate resources conflict with other natural resources. Land use conflicts are difficult to measure, given that open space and scenic views do not have economic values attached to them. Economic consequences of extensive site reclamation, wildlife habitat development, dust and noise abatement are difficult to measure in the profitability of the resource. Secondary economic consequences, also difficult to measure, would be a reduction in the scenic and open space values appreciated by residents of the City of Bend. 6. Social Consequences. The County finds that the social consequences of protecting he mineral resource over the other natural resources would be negative. Surface mining would have negative impacts on wildlife and introduce a visual disturbance into the landscape. Given that extensive development already occurs within 2500 feet of the site and the adjoining lands are zoned UAR-10, the social consequences would be felt by those living in the immediate area. Those who live in the higher elevations on the west side of Bend might be deprived of wildlife viewing opportunities and an unscarred landscape. Those residential neighborhoods that would be fronting the main haul roads into the city, along with office/retail and industrial properties would be impacted by the increased truck traffic. 4 - ESEE FINDINGS AND DECISION - SITE NO. 374 The increased truck traffic on and across Century Drive may also be a negative impact on tourism utilizing Mount Bachelor and the Cascade Lakes Highway. The existing surface mining operations of U.S. Forest Service lands to the west of the subject site are to be closed and reclaimed by 1995. Other existing surface mining sites within the west side of Bend are also being depleted and restored in a time frame that coincides with the expansion of the City of Bend for residential development. Further expansion of surface mining in this area could prolong the time frame and introduce conflicts and disturbances to urban development. 7. Environmental Consequences. The County finds that allowing surface mining activities would have adverse environmental consequences on scenic views while the available forest stand and forage at the site have been reduced by the Awbrey Hall fire. Further reduction of all forage and cover could have adverse consequences on wildlife. over a short-term period, it is conceivable that extensive habitat development would restore the site for wildlife use. In some cases over the long-term, surface mining can be beneficial to environmental values in that it gives an opportunity for a site already desecrated by the actions of man, or otherwise lacking in natural values, to be improved as part of the reclamation process. There is no evidence to suggest that this is one of those incidents. Surface mining activities would reduce the available ground cover and topsoil, exposing the site to wind erosion of soils easily transported due to their lightweight characteristics. The prevailing winds are directed toward existing and future residential development in the urban growth boundaries. 8. Energy Consequences. The County finds that the energy consequences of protecting the mineral resource over the other natural resources would be to increase the energy consumption at the site due to the fuel expenditures needed to run the heavy equipment and processing equipment, as well as the fuel expended in transportation of the product to its end use along with extensive reclamation and dust abatement. Such energy use would likely occur in any event. Aggregate is a resource that is needed in the County and failure to protect the mineral resource would only mean such energy use would occur elsewhere. The County finds generally that the energy consequences are offsetting from one site to another. Sites close to highway construction and maintenance sites may have reduced energy consequences, but may have increased energy requirements for longer hauls to urban development where urban resources are needed. However, sites situated in close proximity to urban development may have greater restrictions, abatement of noise and dust, and require extensive reclamation offsetting advantages of the shorter haul distance. Protection of Goal 5 Resources 9. Economic Consequences. Protection of the natural resources would preclude mining at the site. The scenic views of the wide open spaces at the site could only be fully protected by precluding mining. Since the Awbrey Hall fire, wildlife habitat is limited on the site and displaced to surrounding properties. Further off-site habitat development and water development off-site could mitigate the loss of existing wildlife habitat. Urban development would further create vegetation, ponds and other water sources to offset the existing habitat destroyed by fire. 5 - ESEE FINDINGS AND DECISION - SITE NO. 374 1 e 014 c. The County finds that as reflected in the goals and policies statement of the County comprehensive plan, the County consumes 2 million cubic yards of aggregate materials each year. Under the laws of supply and demand, failure to protect sufficient amounts of aggregate for the 20 -year planning cycle will result in an increased cost in aggregate resources. Increases in aggregate costs would in turn result in increased construction costs. The County finds there to be a total of 73,538,000 cubic yards of sand, gravel and rock in the County, accounting for the inventoried amount of sand, gravel and rock and the amount of those materials located at sites within the urban growth boundary. The County finds that virtually all sites have either resource or land use conflicts with surface mining. Consequently, if more than 46% of the aggregate sites were to be eliminated due to resource conflicts, the County would not have preserved sufficient aggregate to meet its needs. The County finds that this particular site standing alone is not essential to meeting the County's aggregate needs; however, it also recognizes that if enough other sites are eliminated due to conflicts, it could be. Furthermore, the County recognizes the importance of preserving aggregate resources for highway maintenance and construction and finds that failure to protect such sites would result in increased costs for maintenance and construction in Bend and Redmond. However, this site does not have materials meeting Oregon Highway Department specifications for aggregates. The County finds that quality aggregate resources are a commodity with a market value. Failure to allow mining of such resources would prevent the value of such resources being realized by the local economy. Although the number of jobs represented by the local aggregate industry is small in number, manufacturing jobs tend to pay at higher rates than those found in the service sector. Finally, the County finds that the economic impacts of failure to preserve sufficient aggregate reserves are not readily mitigated. However, in light of the location, quanfity and quality of the aggregate resources defined on the subject site by the geological reports, the economic consequences favor not mining the site. Furthermore, the County recognizes that sand, gravel and rock resources exist in the County which are presently not inventoried, but may be added over time as growth and need dictate. 10. Social Consequences. Preserving the natural resources within the County could have negative effects on the general welfare of the County if insufficient amounts of aggregate are preserved. Regardless of the amount of supply readily available, there will always be a demand for aggregate resources. The County's roads would still need improvement and maintenance. A deterioration of the County's roads and streets would negatively impact the liveability and quality of life in Deschutes County. The County also recognizes the social consequences of increased building costs that can result from a shortage of readily available aggregate. However, the County finds that the location, quantity and quality of the resource at this site as outlined in the geology reports make this site an insignificant site for aggregate and its protection for aggregate would not be a significant factor to the County's social consequences. 11. Environmental Consequences.' Protection of the natural resources would preclude mining at the site. The noise, traffic, human presence and disruption of habitat associated with surface mining is inimicable to the protection of scenic views and open space. Therefore, 6 - ESEE FINDINGS AND DECISION - SITE NO. 374 0147®C IA0 the County finds that protection of the natural resources by precluding mining would have positive environmental consequences. As with the mineral and aggregate resource, open space resources and scenic resources are limited by locational factors. Scenic views cannot be replicated by the actions of man. 12. Energy Consequences. The County finds that the energy consequences of protecting the mineral resource over the other natural resources would be to increase the energy consumption at the site due to the fuel expenditures needed to run the heavy equipment and processing equipment as well as the fuel expended in transportation of the product to its end use along with extensive reclamation and dust abatement. The County finds that protection of natural resource values at the site are offsetting when compared to other sites. 13. Relative Value of the conflicting Resources. The County finds that the conflicting natural resources are more important than the aggregate resource based on the following: (a) The aggregate resources are of poor quality and the site cannot be mined economically; failure to maintain the surface mining zone designation for this site will not adversely affect the supply of aggregate in the County; (b) There are other adequate aggregate resource sites of good quality aggregate that the County has protected which can supply County needs. (c) Both the, scenic and open space resources are significant and cannot be replicated. Accordingly, the County finds that under OAR 660-16-010(2) the conflicting natural resources should be protected fully and the aggregate resource should not be protected. Conflicting Uses Protection of Mineral Resource 14. Economic Consequences. The economic consequences of protecting the aggregate resource relates to the impact of surface mining on adjacent uses, the value of aggregate as a commercial commodity and the impacts of protecting employment in the mining industry and the development opportunities foregone by development of the site. While the impact of surface mining may in individual cases have a short term impact on property values of surrounding properties, trend analysis from the tax assessor's records of specific parcels either adjacent to or within one-half mile of both existing and potential surface mines indicates that there were no drastic fluctuations in these property values. This may not be the case for this particular site which is visually sensitive due to the openness caused by the Awbrey Hall fire and the contrasts in the topography of open, high ridges. The adjoining UAR-10 zoned properties potentially would have, notable fluctuations in property values. The most significant impact to surrounding property owners would be if regulations to protect the mineral resources were enacted, they would make surrounding properties unbuildable. 7 - ESEE FINDINGS AND DECISION - SITE NO. 374 0147 -Citi One potential cost to the community at large is the cost of road repairs necessitated by increased heavy truck traffic on public roads. This may be a major problem in this case, due to the fact that the site is in the outer urban growth boundary and heavy truck traffic would involve everyday transit to and from the site through the city. Allowing surface mining on this site could have negative impact to the existing and future developments to the east and northeast of the site due to the difficulty to control dust of the light volcanic soils. Noise levels from the operation of mining activities at the site may require extensive abatement measures to meet DEQ requirements and further restrict the economic margin, if any, for marginal quality materials. Surface mining sites within urban growth boundaries remain conflicting uses. 15. Social Consequences. Preserving this site for the production of aggregate resources would have a major impact on the quality of life associated with the other land uses in the area. The negative impacts of noise, fugitive dust emissions, and the increased truck traffic would contribute to the impact on the liveability, scenic quality and compatibility of other uses in the vicinity of the project. Such impacts may be difficult, if not unrealistic, to mitigate. The County finds that the social consequences of mining activity are high at this site due to land use conflicts. 16. Energy Consequences. The Board finds that preserving this site for the production of aggregate would have no negative or positive energy consequences. As stated above, the energy consumed on site by mining equipment is likely to occur at some mining site in any event. The County finds generally that the energy consequences are offsetting from one site to another. 17. Environmental Consequences. The County finds that protecting the site for mining would have negative environmental consequences for the same reasons given under paragraph 15 above. The County further finds that such impacts may be unrealistic to mitigate. Protection of Conflicting Land Uses 18. Economic Consequences. Most uses in the surrounding zoning designations are classed as noise sensitive uses for purposes of DEQ noise regulations. Farm uses may be noise sensitive uses in certain situations such as livestock operations. Protection of such surrounding conflicting uses can have the effect of precluding or limiting surface mining activity due to noise regulations. Likewise dust, traffic and aesthetic impacts place constraints on surface mining operations amongst conflicting land uses. The protection of conflicting land uses could have the effect of causing higher transportation costs to the extent that denial of mining approval would cause the resource to be hauled to their point of use from more remote sites. According to ODOT, there is an added cost of .22 per ton mile from extraction sites to the point of use. 19. Social Consequences. The County finds that the social consequences of protecting the aggregate resource over the other natural resources and social conflicts would be negative. This parallels the Goal 5 discussion above and the importance to protect total aggregate supply in Deschutes County. While almost every aggregate site has some degree of conflict 8 - ESEE FINDINGS AND DECISION - SITE NO. 374 01— with surrounding land uses, those sites which are situated within urban 9.15 7ounUiPso require extensive evaluations to determine the offsetting benefits by the resource to overcome noise, dust, traffic congestion and scenic views. The County finds that surface mining at this site could prolong the time frame and introduce conflicts and disturbances to urban development. 20. Environmental Consequences. The environmental consequences of protecting surrounding land uses is mixed. Protecting the conflicting land uses could well preclude mining at this site. This would have positive environmental consequences in that the noise, dust, traffic and aesthetic impacts associated with surface mining would be prevented. If the surrounding areas became developed, they too can have a detrimental impact on other natural resources, resulting in conflicts over competition for habitat. Scenic values can also be negatively affected by development where none existed before. However, in this case the site is designated on the comprehensive plan for urban development; when coupled with the devastation created by the Awbrey Hall fire, development may not be a negative scenic value. The County finds that the environmental consequences of surface mining in urban growth boundaries are negative at this site. It can only be considered positive if the location, quantity and quality, were of such nature that it would significantly impact the total supply of aggregate in Deschutes County. This is not the case for this site. 21. Energy Consequences. Allowing development that would preclude mining at this site would create no negative or positive energy consumption, since the aggregate resources for upkeep and improvements for highways and urban development would come from one site or another with offsetting energy consequences. Urban development at this site would increase energy use from those living in or patronizing the allowed uses. Such development would likely lead to a long-term energy commitment because of the life span of such development. However, since the existing SM zone is designated on the comprehensive plan as urban development, the long-term energy commitment would be the same. In rdality, this mining site even though it were to be reclaimed, would likely be unsuitable for development. 22. Relative Values of Aggregate Use and Conflicting Uses. Based upon the analysis of the ESEE consequences of protecting the identified conflicting uses and protecting the aggregate resource and the relative weight of the conflicting uses and the mineral resource, the County finds that with respect to existing development, both the mineral resource and the conflicting resources and uses are important relative to one another. The aggregate, if it were better quality, would have importance due to limited resources in the County. The site's location within the City of Bend's outer urban growth boundary designated for urban development, its proximity to residential zones and existing development along with noise, dust, traffic and scenic values limit the relative value of the site for aggregate use. Existing conflicting uses are important in that they represent an economic commitment to development of individual pieces of private property with economic value and expectations. Accordingly, the County finds that pursuant to OAR 60-16-010, it will rezone the site to UAR-10 in favor of the conflicting resources. 23. Program to Meet the Goal. The County finds that in order to fully protect the conflicting resources and uses, the site will be zoned UAR-10. The County finds that such zone change will not prevent the County from achieving its goal to protect and inventory mineral aggregate resources within the County. 9 - ESEE FINDINGS AND DECISION - SITE NO. 374