1996-44654-Ordinance No. 96-076 Recorded 12/5/1996REVIEWED
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO>fJNiy, OI&WN
HOLL`'YY
An Ordinance Amending PL-20, Deschutes County * C' L C
Year 2000 Comprehensive Plan, Revising the
Mineral and Aggregate Resource Inventory for
Deschutes County, and Declaring an Emergency.
ORDINANCE NO. 96-076
WHEREAS, tax lot 700 in Sections 4 and 9 of Township 19 South, Range 14 East, Willamette
Meridian (the subject site), 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, Ron Robinson, Sr. has proposed a Plan Amendment to PL -20, the Deschutes County
Year 2000 Comprehensive Plan, to change the designation of the subject site 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
WHEREAS, the subject site adjoins a 40 -acre parcel identified as tax lot 600 in Section 4 of
Township 19 South, Range 14 East, Willamette Meridian, listed as Site No. 405 on the County's inventory
of mineral and aggregate resource sites and a 120 acre parcel identified as tax lot 500 in Section 4 of
Township 19 South, Range 14 East, Willamette Meridian, listed as Site No. 496 on the County's inventory
of mineral and aggregate resource sites; and
WHEREAS, Ron Robinson, Sr. has proposed a Plan Amendment to PL -20 to add the subject site
to the County inventory of significant mineral resources and has submitted a geo-technical 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 the subject site in the mineral and aggregate inventory; and
WHEREAS, after notice was given and hearing conducted on December 4, 1996 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. Inclusion of New Aggregate Site on Mineral and Aggregate Inventory. That PL -20, the
Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended to add approximately
182 acres of tax lot 700 in Sections 4 and 9 of Township 19 South, Range 14 East, Willamette Meridian.
Said site shall be known as Site No. 600 and is more fully described as to description, location, quality and
quantity of the resource in the aforementioned Exhibit G to Ordinance 90-025 as amended herein, attached
hereto as Exhibit A and by this reference incorporated herein and as shown on the map attached as Exhibit
B to Ordinance 96-076 and by this reference incorporated herein.
�r#iED
Ordinance No. 96-076
Page 1
Section 2. Designation of Impact Area. The impact area for Site No. 600 shall include all areas
within 1/2 mile of the boundaries of the Site, as set forth in Exhibit B to Ordinance 96-076 and by this
reference incorporated herein.
Section 3. Additions and Deletions. Additions, if any, to text or tables are set out in boldfaced
type and deletions, if any, are bracketed.
Section 4. Findings in support of its decision. The Board adopts the Decision of Hearings
Officer, attached hereto as Exhibit B and incorporated herein by reference and the findings set forth in
Ordinance 90-025.
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 day of December, 1996.
ATTEST:
lecretaryR or n
Ordinance No. 96-076
Page 2
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DECISION OF DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBER: PA -96-3 & ZC-96-4
got
HEARING DATE: September 17, 1996
APPLICANT: Ron Robinson, Sr.
R & R Equipment Rental }4
�uaas�
REQUEST: Comprehensive Plan amendment from Agriculture to Surface
Mining and a zone change from EFU to SM for a 205 -acre parcel.
STAFF: Barbara Rich, Assistant Planner
The Hearings Officer hereby adopts the Staff Report, as modified below, and the ESEE
analysis referred to in the Staff Report as Exhibit A. The finding set forth at page 13 of
Staff Report under DCC 18.136.030(D) is modified by the addition of the following
language:
Normally, just having more information available regarding a property is not
sufficient to establish a change in circumstances which warrants a zone
change. However, a request to rezone property to SM is unique in that the
gathering of more information is specifically listed as the first step in the Goal 5
inventory resource process. See OAR 660-16-000. In addition, the act of
gathering of more information for the Goal 5 inventory process is relatively
comprehensive and therefore, relatively expensive. These two circumstances
present a unique situation in which the existence of more information after the
current zoning qualifies as a change in circumstances necessary to support a
request for a zone change.
Accordingly, the Hearings Officer recommends approval of the applicant's requests to
amend the Comprehensive Plan to list its site on the county's inventory of mineral and
aggregate resources, designate the site surface mining on the plan map, and rezone
the site from EFU to SM, except for the southwest portion of the site above 3,800 feet in
elevation.
-1- (PA -96-3 & ZC-96-4)
Mailed this 2�Qy of September, 1996. -0 156}
Christo C. Eck, Hearings Officer
THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING, UNLESS TIMELY
APPEALED.
-2- (PA -96-3 & ZC-96-4)
DESC HUTES COUN'T'Y PLANNING DIVISION
STAFF REPORT
FILE NUMBER: PA -96-3 and ZC-96-4
DATE: September 17, 1996
TIME: 7:00 P.M.
PLACE: Room A, Juvenile Justice Building
1128 N.W. Harriman
Bend, Oregon 97701
APPLICANT/ Ron Robinson, Sr.
OWNER: R & R Equipment Rental
P.O. Box 5006
Bend, OR 97708
ENGINEER: J. Andrew Siemens
Siemens & Associates
19134 Riverwoods Drive
Bend, OR 97702
REQUEST: The applicant is requesting a
Comprehensive Plan Amendment from
Agriculture to Surface Mining and a Zone
Change from EFU to SM for a 205 acre
parcel.
Barbara J. Rich, Assistant Planner
LEGAL CRITERIA
A. PL -20, the Deschutes County Year 2000 Comprehensive
Plan.
B. Title 18 of the Deschutes County Code, the Deschutes
County Zoning Ordinance:
Chapter 18.136, Amendments
Section 18.136.030, Rezoning Standards.
C. OAR 660-12-060, Plan and Land use Regulation Amendments
D. Oregon's Statewide Planning Goals.
E. Title 22 of the County Code, Procedures Ordinance.
PA-96-3/ZC-96-4
Page 1
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. 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.
FINDINGS OF FACT:
A. LOCATION: The subject property is approximately 15
miles southeast of Bend off of the Old Bend -Burns
Highway. The subject property is identified on
Deschutes County Assessor's Map #19-14 as Tax Lot #700.
B. ZONING AND COTSIVE PLAN DESIGNATION: The entire
property, 205.15 acres, is zoned EFU-HR, Exclusive Farm
Use, Horse Ridge Subzone. This property is also within
a Surface Mining Impact Area (SMIA) Combining Zone due
its location adjacent to tax lots 500 and 600 which are
SM zoned property. The entire property is located
within a Wildlife Area (WA) Combining Zone. The
Comprehensive Plan designates the subject property as
Agriculture.
C. LOT OF RECORD: The subject property is a legal lot of
record as it is first described in its present form in
a deed dated November 20, 1930 and recorded in Volume
49, Page 319 of Deschutes County Records.
D. SITE DESCRIPTION: The property is 205.15 acres in size
and is located approximately one-half mile off of
Highway 20 along the Old Bend -Burns Highway.
Approximately 10 acres of the property lies north of
the Old Bend -Burns Highway.
The northern portion of the subject property is
basically level but the southern portion is steeply
sloped upward and forms the north flank of Horse Ridge.
The highest elevations are found on the southwest
corner of the parcel. Vegetation on the site consists
of juniper, sage brush and other vegetation native to
the region.
E. SURROUNDING PROPERTY: Surrounding properties include
land managed by BLM, a state owned surface mine which
is currently inactive, a recently rezoned privately
owned surface mine, and small privately owned farm
parcels. The recently enlarged "Moon Pit" surface mine
PA-96-3/ZC-96-4
Page 2
is located proximately 2 miles east ,f the-� -
property and the Horse Ridge Research Natural Area is
located approximately one mile southeast of the subject
property. This geographic area of interest, designated
Scenic and Vegetated Communities, encompasses a
portion of Horse Ridge, a feature which comprises the.
southern portion of the subject property and which
extends west beyond the boundary of the subject
property.
E. REQUEST: The applicant is requesting that the County
place the subject property on the County's inventory
for sites with significant mineral resources and amend
the plan map designation from Agriculture to Surface
Mining. A zone change from EFU to SM is also
requested. The applicant has submitted a burden of
proof statement, revised on August 16, 1996, in support
of this application. This statement includes
attachments relevant to the plan amendment and zone
change requests, including:
1. Geotechnical Survey of the site prepared by
Siemens & Associates, including a Quantity/Quality
Assessment of mineral resources on the site,
2. Proposed ESEE Analysis Findings and Conclusion,
3. Photographs of site.and surrounding area
4. Vicinity map, and
S. ODFW Proposed Changes to Surface Mining Operating
Guidelines in Zoned Big Game Winter Ranges.
F. AGENCY COMMENTS: The Planning Division solicited
comments from affected agencies and departments. Their
responses are as follows:
Deschutes County Public Works: "Please note that the
old state highway is under the jurisdiction of the
Oregon Department of Transportation and not Deschutes
County. The state may well want the applicant to make
improvements to this road to offset the wear and tear
that the heavy trucks serving this proposed land use
would make on the old state highway.
The site adjoins to existing SM zoned sites and is an
area generally surrounded by open range land owned and
managed by the Bureau of Land Management. The old
state highway connects with Highway 20 to the west
which in turn provides a direct level route into Bend
which would be the major market for the aggregate from
the applicant's proposed construction aggregate mine.
It is up to ODOT
serving the site is
it is a state road
PA-96-3/ZC-96-4
Page 3
to determine if the road system
adequate for the intended site as
serving the site. County Public
Works will have some additional comments i� this -land
use request is approved and a specific site or
development plan is submitted at a later date."
Deschutes County Environmental Health: "Any
outbuildings or offices requiring toilet facilities
would require a septic site evaluation and septic
system."
Deschutes County Property Address Coordinator: "The
address of record for this property is 26300 Highway
20."
Deschutes County Assessor: "No Comments."
watPx=ster, District 11: "No Comments."
Oregon Department of Fish and Wildlife:
"1. The property is located in the northern portion'of
the County recognized (as the] North Paulina mule
deer winter range. The area encompassed by this
site is of particular importance for mule deer
during severe winters. ODFW would like to
recommend that any plan amendment/zone change for
this site apply the Deschutes County winter range
operation standards applicable for this area
(Ordinance No. 95-080).
2. The tree cover on the slope of Horse Ridge
provides winter security (hiding) and thermal
cover in addition to foraging habitat. ODFW would
prefer that this habitat not be altered because of
its importance to wintering deer during severe
weather. We therefore recommend that Deschutes
County limit the zone change to the flats and
lower slope, below the 3800ft elevations."
The following agencies had not commented at the time
the staff report was prepared: Department of Geology
and Mineral Industries (DOGAMI), Highway Division,
ODOT, and ELM.
G. PUBLIC COMMENTS: The Planning Division sent notice of
the application to all property owners within 500 feet
of the subject property. One letter was submitted from
the public regarding these applications expressing the
following:
"As owners of a grazing allotment that adjoins the
proposed surface mines, we have no objection to the
zoning change. R&R Equipment. rental should be aware
that there is a fence crossing the proposed mine that
is a border of our allotment. We would like a
PA-96-3/ZC-96-4
Page 4
IV.
A.
condition of he zoning change [be] t protect and
re -align this fence with their property boundaries.
"It is our understanding that the property was once a
part of Evans Well Ranch and that is why the fence is
on deeded property."
REOUIRED FINDINGS AND CONCLUSIONS:
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."
STAFF 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 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.
STAFF 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 plan. The plan
identifies this area for deer winter range use and
designates Highway 20 as a Landscape Management
feature. These factors have been considered in this
review.
PA-96-3/ZC-96-4
Page 5
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.
STAFF FINDING: The geotechnical report prepared by
Siemens & Associates for the applicant (Burden of
Proof) indicate that the 205 -acre property contains
three types of mineral resources in sufficient quality
and quantity for extraction: sand and gravel, cobbles
and boulders, and basalt. The quantities of material
estimated to be present in these categories are
3,600,000 cubic yards, 200,000 cubic yards and
3,900,000 cubic yards, respectively. Other sites exist
in the County for these resources, including two
surface mines adjacent to the subject property. The
County's inventory includes approximately 35 years
worth of sand, gravel and rock based on the use rate of
2 million cubic yards per year determined in the
comprehensive plan. The resource identified at this
mine comprises approximately 3% of the resources
identified in the county as a whole. It is anticipated
that use of aggregate resources will continue to occur
and will fluctuate with market demand, as is the case
at other sites designated for surface mining.
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:
(a) A report is provided verifying the location,
type, quantity and quality of the resource;
and
STAFF FINDING: -The applicant has submitted a
geotechnical report by Siemens & Associates dated
November 10, 1995. The report indicates that
significant resource material is present on the
property of sufficient quality to meet highway or
general construction standards. The location of the
different types of materials in the southern portion of
the property is indicated on a site map and cross-
sections developed with seismic testing, test pits and
borings.
PA-96-3/ZC-96-4
Page 6
The report estimates the following amounts of material
(in million cubic yard estimates for volume) within the
205 -acre area:
Stratum
Material
Thickness
Volume
2m
Topsoil
0-20'
1.2
2s
Sand w/ Gravel
0-60'+
3.6
2g
Cobbles & boulders
0-151+
0.2
3q
Basalt
0-201+
2.2+
3m
Basalt
1001+
1.7+
The conclusions in the report are drawn from on-site
examination and laboratory analysis of the results of
29 trackhoe test pits, 10 air percussion drill cutting
samples, and 7 seismic surveys. The report concludes
that the Stratum 2s sand and gravel comprises the
primary aggregate resource on the subject property.
The other aggregate resources identified on the site
are limited by either quality or quantity but are still
considered to be viable resources. The geotechnical
report states that the topsoil available on site could
be marketed or retained on-site to facilitate
reclamation.
(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.
STAFF FINDING: The applicant submitted an ESEE
Findings and Decision (attached to the Burden of Proof
statement) to identify and resolve conflicts with
surface mining. Planning staff has revised this
document into a Conflict Analysis and ESEE Findings and
Decision for Site No. , attached as Exhibit A to
this staff report and incorporated herein by this
reference, for possible adoption by the Board of County
Commissioners, as required by OAR 660-16-000.
Both documents conclude that the use of the property as
deer winter range is a conflicting Goal 5 resource.
The County's ESEE concludes that preservation of the
property to maintain scenic views is a conflicting Goal
5 resource.
PA-96-3/ZC-96-4
Page 7
�kju
The County, in !990, developed a program in which
surface mining operations are prohibited during the
winter- months in designated winter ranges.
Subsequently, ODFW and the operators/owners of the Moon
Pit developed a modified winter closure program for the
North Paulina winter deer range. The subject property
is near the southern border of the North Paulina deer
winter range. The recommended program to meet Goal 5
at this site, therefore, includes closure of the site
for blasting, mining and rock crushing activities,
during winter months when snow depth for the month is
more than 85% of the long term total for the month and
a total of 20 deer are counted in any combination of
four transects (to be determined in consultation with
ODFW). [Reference: ODFW Proposed Changes To Surface
Mine Operating Guidelines In Zoned Big Game Winter
Ranges.]
In addition, based on the site visit and comments from
ODFW, staff finds that the most significant habitat -on
the site and the area which would most impact the
scenic views from Highway 20 are found on the sloped
area in the southwest corner above an elevation of
3,800 feet. This area includes approximately 23 acres
or approximately 11% of the subject property.
Retaining the Agriculture/EFU designation in this area
would not impact the applicant's ability to extract
sand and gravel from the 2s stratum identified in the
geotechnical report as the primary aggregate resource
on the site. In addition, while the relationship
between the quantity of a particular aggregate resource
and its spatial distribution on the subject property is
not explicitly stated in the geotechnical report,
basalt resources will still be available for extraction
at lower elevations and in other portions of the
property.
Highway 20 is a designated landscape management feature
in the comprehensive plan. While the Landscape
Management Combining Zone extends a quarter mile from
the centerline of Highway 20 and the subject property
lies outside this zone, the purpose of the zone is to
maintain and enhance scenic vistas and natural
landscapes as seen from designated roads. The
southwest portion of the subject property is visible
across a valley running parallel to Highway 20. The
majority of the area within the combining zone slopes
downward away from the highway. However, the County
program does not allow exclusion of a potential surface
mine from the inventory of aggregate resources for
protection of scenic views alone.
PA-96-3/ZC-96-4
Page 8
Therefore, i order to protect confl ting Goal 5
resources, the significant winter deer range habitat,
staff recommends the plan amendment/zone change exclude
the southwest area of the property above the 3,800 foot
elevation as a save zone where no mining, construction
or other land disturbance shall take place.
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.
STAFF FINDING: The rezoning and plan designation
process presently being conducted for this property by
the county identifies this site for extraction,
processing and storage of mineral and aggregate
resources within the framework of Goal 5 and its
implementing administrative rules.
The goal of the Open Space chapter of the comprehensive
an is:
"1. To conserve open spaces and areas of historic,
natural or scenic resources.
2. To maintain and improve the quality of the air,
water and land resources of Deschutes County."
STAFF FINDING: Highway 20 is a designated landscape
management feature and a portion of the subject
property is visible from the road. However, as stated
above, the County program for identifying and
inventorying aggregate resources in the county does not
allow excluding resources for the protection of scenic
values alone.
The goals of the Fish and are
wildlife chapter
rto f this
the
comprehensive plan which applicable
proposal are:
To conserve and protect existing fish and wildlife
areas, and
To maintain wildlife diversity and habitats that
support the wildlife diversity in the county.
STAFF FINDING: The subject property is in the deer
winter range and portions of the property have been
identified by ODVW staff as having excellent habitat
for deer and other wildlife. Specifically, the sloped
portion of the subject property in the southwest corner
contains high quality vegetative cover for browse,
security and warmth during the winter months. ODFW
staff noted during a site visit that the lower
elevations and the flat portion of the property are
PA-96-3/ZC-96-4
Page 9
IM
C.
significantly _ower in habitat quality
areas.
Land Use Planning Goals
in the slope,.,
Goal 5 and Imnlementina Administrative Rules
STAFF FINDING: The County's Conflict Analysis and ESEE
Findings and Decision document for Site No. ,
Exhibit A attached, 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
STAFF FINDING: Deschutes County addressed compliance
with Statewide Land Use Goals, other than Goal 5, at
the time that it adopted its surface mining inventory
in 1990 (Ordinance No. 90-029). Those findings are
general, but are appropriate for applying to the
present rezoning/plan designation request.
Rezoning Standards
eschutes Countv 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.
STAFF FINDING: The applicant's proposal to change the
designation of the 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 analysis of conflicting uses
results in a conclusion that such resource should be
protected outright or protected with limitations 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 map has been amended by the Board of
County Commissioners.
B. That the change in classification for
property is consistent with the purpose
of the proposed zone classification.
PA-96-3/ZC-96-4
Page 10
the subject
and intent
STAFF FINDING: The purpose and intent of the proposed
rezoning to SM is to implement the goals and policies
of the comprehensive plan. These include allowing the
development and use of identified deposits of mineral
and aggregate resources consistent with Statewide
Planning Goal 5, protecting health and safety of the
public and residents, adjoining properties and
conflicting natural resources, providing for
reclamation and protection of land and water resources
and providing for cooperation between private parties
and governmental entities in order to achieve the
purposes of the zone, comprehensive plan and state and
federal agencies.
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 S. The restrictions imposed in the SM
zone on mining operations, through site plan review,
are designed to assure compliance with local, 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 attached Conflict
Analysis and ESEE Findings and Decision document.
Limitations on the area to be designated for mining and
seasonal use of the site for resource extraction are
recommended to protect conflicting resources identified
in the ESEE and this staff report.
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.
STAFF FINDING: This site is served by a graded and
paved access road (the Old Bend -Burns Highway) from
Highway 20. The road is lightly used and has not been
maintained recently. The applicant estimates mining
activity at the site will generate up to 50-75 truck
loads per, day at maximum output with normal traffic
levels being around 20 loads.
The County's Surface Mining zone allows the County to
require road improvements or fees in lieu of
improvements to public roads, as a conditions of site
plan approval. If the traffic resulting from this
proposal warrants off-site improvements, those
improvements will be required pursuant to site plan
PA-96-3/ZC-96-4
Page 11
review. The .iposition of such conditic ; of
will ensure that the old state highway will be
to serve the needs of this site.
F.- -t
approval
adequate
The applicant states that no other public services or
utilities will be required for surface mining activity
on the site with the exception of water. Water is
generally needed during surface mine operation for dust
control and County site plan review criteria and DEQ
ambient air quality and emissions standards typically
require that the mine operator control dust emissions.
The applicant has proposed to obtain required water
off-site and haul it to the subject property if the
site plan for the mine requires water to control dust.
b. The impacts on surrounding land use will be
consistent with the specific goals and
policies contained within the Comprehensive
Plan.
STAFF FINDING: Surface mining is an activity that
impacts surrounding lands. DCC 18.55.020 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 proposed rezoning will result in an expansion of
the SMIA boundary presently surrounding the state owned
and privately owned surface mines adjacent to this
site. 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 land is under the management of the
BLM, the state and private owners and does not show
evidence of any recent use although the BLM does lease
land for grazing. The SMIA zone will place limitations
on the siting of dwellings, but the large size of the
surrounding parcels, evidenced by County Assessor Maps
of the surrounding area; and the minimum lot size of
320 acres applicable to the EFU-HR subzone, would allow
owners to site homes in locations that are such a
distance from the subject property as to eliminate or
mitigate any conflicts.
Staff finds that approval of this application for
rezoning will be consistent with the Surface Mining
goals of the comprehensive plan and will have minimal
impact on surrounding agricultural lands and the goals
of the Agricultural Lands section of the plan.
PA-96-3/ZC-96-4
Page 12
U-
,1 r,- I J ,
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.
STAFF FINDING: At the time the property was zoned for
Exclusive Farm Use, no geotechnical information existed
demonstrating that mineral and aggregate resources
exist on the subject property. The applicant has
obtained the services of J. Andrew Siemens of Siemens &
Associates, a geotechnical engineering consultant, to
determine the quantity and quality of these resources
on the property. Mr. Siemens has examined the
property, sampled the mineral and aggregate deposits
and concluded that approximately 3.6 million cubic
yards of sand and gravel select fill and more than 4.1
million cubic yards of crushable basalt, cobbles and
boulders for fill and aggregate use exist on the site.
This new information constitutes a change in
circumstances which warrant reconsideration of the
County's decision to zone the subject property EFU.
OAR 660-12-060, Plan and Land Use Regulation Amendment
1. Amendments to functional plans, acknowledged
comprehensive plans, and land use regulations
which significantly affect a transportation
facility shall assure that allowed land uses are
consistent with the identified function, capacity,
and level 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
the 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;
PA-96-3/ZC-96-4
Page 13
B.
,'_136_0564
(b) Changes standards implementing a functional
classification system;
(c) Allows types to levels of land uses which
would result in levels of travel or access
which are inconsistent -vith the functional
classification of a trar portation facility;
or
(d) Would reduce the leve- 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.
STAFF FINDING: The Planning
comments from the Oregon Departs
(ODOT) on this proposal and comm
Deschutes County Department of Pu
ODOT on the impacts of mini
transportation facility serving
However, given the fact that the
was designed to serve volumes c
than will be generated by mii
subject property, the plan amen
should not significantly affect
facility. The applicant es
activities on the subject propez
more than 50-75 truck trips
periods, and fewer trips in g
Division received no
ent of Transportation
:nts received from the
clic Works deferred to
ng activity on the
the subject property.
Dld Bend -Burns Highway
E traffic much higher
Ing activity on the
iment and zone change
this transportation
timates that mining
ty should generate no
per day during peak
:neral. The current
volume of traffic on the old state highway is very
small and stems mainly from traffic to the adjacent Hap
Taylor surface mine site (recently rezoned), the
existing state owned surface mine, and outdoor
recreation. The level of travel or access required by
the surface mine will not be 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.
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.
PA-96-3/ZC-96-4
Page 14
F. 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 if the Hearings
Officer recommends approval of the proposed plan
amendment to the Board of County Commissioners and
approves the proposed zone change.
CONCLUSION AND RECOMMENDATION:
Based upon the findings above, staff recommends that the
Hearing's Officer recommend approval of the applicant's
request to amend the Comprehensive Plan to list this site on
the county's inventory of mineral and aggregate resources,
designate the site for Surface Mining on the plan map, and
approve the proposed zone change of the subject property
from Exclusive Farm Use to Surface Mining excluding the area
in the southwest corner of the property above the 3,800 foot
elevation. No mining activity, construction or land
disturbance shall take place in this area.
BJR:slr
PA-96-3/ZC-96-4
Page 15
r 'JCVIW
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16
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