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1997-29222-Ordinance No. 97-054 Recorded 8/14/1997I nLV ILVVLv REVI D AS TO FORM }� h Wlr.� COME REVIEW COMM. 9r%- � a h COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Bend Area General Plan, Adding a Mineral and * ; Aggregate Resource Inventory for the Bend Urban Area, and Declaring an Emergency. ,-•� is ""� ORDINANCE NO. 97-054 ra WHEREAS, in 1988 the Bend City Commission adopted a Goal 5 mineral and aggregate resources analysis, marked as Exhibit "D" to Resolution No. 1852, as part of the Bend Area General Plan; and WHEREAS, 4-R Equipment, LLC, has applied for an amendment to the Bend General Plan Map to change the designation of certain property in the Bend Urban Area from Residential to Surface Mining; and WHEREAS, the Deschutes County Hearings Officer approved the plan amendment after a hearing held on June 17, 1997, and the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHTUES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT OF MINERAL AND AGGREGATE RESOURCE ANALYSIS. Exhibit "D" of Resolution No. 1852, a Goal 5 mineral and aggregate resources analysis for the Bend Urban Area, is amended as set forth in Exhibit "A," attached hereto and by this reference incorporated herein, with new language double underlined, to include the 4-R Equipment, LLC, mineral and aggregate site described in Exhibitand as shown on Exhibit "C," attached hereto and by this reference incorporated herein. Section 2. FINDINGS. Findings to support this ordinance are set forth in the Decision of Deschutes County Hearings Officer dated June 26, 1997, relating to Plan Amendment application PA -96-7 and Zone Change application ZC-96-7, marked Exhibit "D," including the Conflict Analysis and ESEE Findings and Decision - COT Pit Expansion for the subject property, marked as Exhibit "E," attached hereto and by this reference incorporated herein. CHER t°', � 1997 � fJ�ED Page 1 of 2 - ORDINANCE NO. 97-054 (08/13/97) j IJ 0162-2194 Section 3. EMERGENCY. 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 /3 day of 11997. ATTEST: BOARD OF COUNTY COMMISSIONERS OF/DESCHUTES COUNTY/, OREGON NANCY POW SCHLANGEN, Chair T L. PC Recording Secretary INDA L. SWEARIN N, Commissioner Page 2 of 2 - ORDINANCE NO. 97-054 (08/13/97) Exhibit Page of z Ordinanceg 7 - 05'q EXHIBIT "D" MINERAL AND AGGREGATE RESOURCES 0162-2195 There are several areas of mineral and aggregate resources within the urban growth boundary west of the Deschutes River. A major source of gravel is located in the northwest edge of the UGB between Tumalo Creek and the Deschutes River. There are pumice mines on both sides of Skyliner Road and pits used for soil, cinder, stone, and clay. The major mining activities currently are Deschutes Redimix gravel operation on Johnson Road, and the Central Oregon Pumice on Skyliners Road. The County is using a partially mined pumice pit for a demolition dump and sells soils as an activity incidental to the landfill. These resources are within the UGB, and the long term use for the land is urban. It is expected that the resources will be utilized and sites reclaimed for urban purposes over time. Most of these sites are part of large ownerships, and considerable distances to the nearest urban area exist. The exception to this is the County and Robinson's site, which abut the City limits and areas recently subdivided. The County is working with the Park District on a reclamation plan for the landfill, which would create a park complex. Environmental, Social, Economic, and Energy Consequences Anal Conflicting use with these resources are the potential encroachment of urban uses on these active mines. Environmental: The sites furnish the urban area with aggregate used in roads; concrete and pumice which is principally exported from the area; and cinder, soil, and stone, used locally as building materials. The potential conflicting uses are urban activities, principally residential. The mining activity usually leaves a scar on the landscape, and has off-site impacts from noise, dust, and truck traffic. Urban uses built over the resource sites could preclude the use of the sites. Without the mining, the scars left in natural terrain wouldn't occur, the natural vegetation would remain in part, and add to the attractiveness of the urban landscape. Social: The development of urban uses in the resource areas is expected in the long term. The social impacts of this use are dealings with the off-site environmental impacts. The use of the resources is expected to continue until exhausted, which will provide jobs for local people as well as building materials. rr Exhibit Page z of Z Ordinance 97-054 O162-2196 Economic: Allowing the conflicting use outright would reduce the amount of gravel available as a building resource and increase the cost of construction and road maintenance. It would also eliminate the exporting of pumice and reduce the money brought into the local economy by this resource. Allowing the urban development would create residential and construction jobs. Energy Consequences: Allowing the conflicting urban use would result in higher use of energy as resources farther from the community would have to be utilized. Protecting the mineral resources will avoid the extra energy use and cost. Decision: To allow the conflicting use over time after the mineral resources have been used and urban development would be a way to aid in reclamation of these sites. The areas currently being mined are zoned SM and provide for protection of the resource sites in the short run. Exhibit 1,'� / O 0 0 �. Page of 43 Ordinance q7 -PS' 0162-2197 z ,l' � 5 Exhibit A t Parcel 1: A tract of land located in a portion of Government Lot 6, Section 6, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at a point on the east line of said Lot 6, from which the Southeast Corner of said Lot 6 bears South 00°05'30" East, 531.29 feet; thence leaving said east line, South 77°03'55" West, 6.88 feet to a point of curvature; thence along the arc of a 430.00 foot radius curve to the left, through a central angle of 35°48'34", an arc length of 268.75 feet (the chord bears South 59°09'38" West, 264.39 feet) to a point of reverse curvature; thence along the arc of a 470.00 foot radius curve to the right, through a central angle of 14° 11'14", an arc length of 116.38 feet (the chord bears South 48020158" West, 116.08 feet) to a point of reverse curvature; thence along the arc of a 540.00 foot radius curve to the left, through a central angle of 2035'59", an arc length of 24.50 feet (the chord bears South 54°08'36" West, 24.50 feet) to a point on the southerly boundary of that parcel described in deed to Brooks Resources Corporation as recorded in Volume 342, Page 219, of the Deschutes County Deed Records, and a point of non -tangent curvature; thence along said Southerly boundary for the following two courses, thence along the arc of a 544.51 foot radius curve to the left, through a central angle of 17° 11'24", an arc length of 163.36 feet (the chord bears North 78°45'31" West, 162.75 feet) to a point of non -tangency; thence South 77°04'11" West, 412.66 feet to a point on the easterly right-of-way line of Mt. Washington Drive and a point of non -tangent curvature; thence along said Easterly right-of-way line, along the arc of an 1,024.41 foot radius curve to the right, through a central angle of 30°40'37", an arc length of 548.48 feet (the chord bears North 39'11'40" West, 541.96 feet) to a point on the West line of said Section 6 and point of non -tangency; thence leaving said easterly right-of-way line and along said west line, North 00'29'3 1 " East, 663.71 feet to the northwest comer of said Lot 6; thence along the north line of said Lot 6, South 89°35'57" East, 1,237.70 feet to the Northeast corner of said Lot 6; thence along the East line of said Lot 6, South 00°05'30" East, 785.86 feet to the point of beginning. Parcel 2: Tract Das shown ori\the official plai`No.~'7� f BRO 'TOP, i2lat of lots 1 thea 28 and thr i I. QQ= =amCD '- a 0 Q C"3 C) .4a = 4 t Q W � e �► O = � = ci t.s.i � �: I.N mugs Ln ,moi- �) 0 Y �ty�o =z Z Ln 0 0.0 W W O N + U 4 W W Q d V= .3 C7%Q O N�QZ Y W uNi Y Qi Q ` m z N V =09v ro 116 -1/4 COR x ,r2,�ww �,� GGIMII am Gomm f"m Exhibit Page ' Of '-- Ordinance 22 - c's `A 0162-2198- 0162-2199 DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: PA -96-7 and ZC-96-7 HEARING DATE: June 17, 1997 APPLICANT/ 4-R Equipment, LLC OWNER: P O Box 5006 Bend, OR 97708-5006 REQUEST: A zone change and plan amendment for a 29 -acre parcel from Urban Standard Density Residential (RS) to Surface Mining (SM). STAFF CONTACT: David B. Leslie, Associate Planner APPLICABLE CRITERIA: A. Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance: * Chapter 19.16, Surface Mining - SM Zone; * Chapter 19.28, Urban Standard Density Residential - RS Zone; * Chapter 19.116, Amendments, Appeals and Procedures 24 25 zr;?>\ B. The Bend Area General Plan JUN 1991 C. Title 22, the Deschutes County Development Procedures Ordinance DlL.Ep D. Oregon Administrative rules, Chapter 660-12-060 VS E. Oregon Statewide Land Use Goals <<L ttOt6$�9 FINDINGS OF FACT: A. LOCATION: The subject property is located adjacent to the existing COT Pit surface mine west of Century Drive and north of Mt. Washington Drive. The property is identified as Tax Lot 300 on Assessor's Map 918-12-06. B. ZONING AND PLAN DESIGNATION: The property is zoned RS, Urban Standard Density Residential. Surrounding zoning consists of RS, SM and RM. The site is designated as both residential and mineral resource on the Bend Urban Area General Plan. In addition, a pumice outcrop in the southeast portion of the site is designated as a "significant" feature to be preserved. C. SURROUNDING ZONING AND USES: Surrounding land uses include the existing COT Pit surface mine to the east, and the County Demolition Dump to the north. Portions of the County Demolition Dump have been reclaimed. The parcel to the southeast is an undeveloped site zoned RS and owned by Brooks Resources. Across Mt. Washington Drive to the south and west is the Skyliners Softball Park and the Broken Top Development. Exhibit R Page I (PA-96-7/ZC-96-7) Page ofi Ordinance q7 -06y r 0162=2 D. PROPOSAL: The Applicant is seeking approval of a plan amendment and zon1' change to designate the 29 -acre parcel for Surface Mining. The Applicant has submitted a veotechnical evaluation of the resources found on the property, prepared by Siemens & Associates. This geotechnical survey estimates that there is a large quantity of general purpose fill and a moderate quantity of Bend Pumice on this site. These materials are commonly used for many construction purposes throughout Central Oregon and represent a significant, readily available supply to benefit the local construction industry. E. SITE DESCRIPTION: The property contains 29 acres of varied topography with a vegetative covering of junipers, ponderosa pine, and native shrubbery. Extensive historic pumice mining at the site, particularly in the large, open valley in the center of the site and south of the prominent ridge, has resulted in extensive movement of surface materials. The site topography consists of NE - SW trending low ridges separated by shallow valleys which slope gently to the NE. The highest ridge is capped by densely welded Tumalo Tuff, the northeast extent of this ridge terminates in the existing COT Pit. Shevlin Park Tuff partially caps the ridge lying just to the north. The south side of both ridges are vertical in places due to historic pumice mining. Fill along the valley margins resulted from the mining operations. Several of the smaller hills on the site are in reality fill material moved by the pumice mining operations. F. PROCEDURAL HISTORY: The subject application was submitted on August 23, 1996, accompanied by a Burden of Proof statement and the following exhibits: 1. Site map 2. Contlict Analysis and ESEE Findings & Decision 3. Surrounding ownership map and parcel information 4. Geotechnical report by Siemens & Associates 5. Site Plan Findings & Decision, SP -93-22 6. Noise study by Daly, Standlee & Associates Applicant has agreed to separate the site plan originally submitted with the plan amendment and zone applications for later review by the County. Notice was mailed on January 28, 1997 to 63 surrounding property owners and 5 local agencies for comments. Broken Top Limited Partnership was the only property owner to comment on the application. Oregon Department of Environmental Quality (DEQ) and the City of Bend (City) also provided comments. The public hearing scheduled for March 18, 1997 was continued on the record to enable the applicant to confer with representatives of Broken Top regarding their concerns with the proposed plan amendment and zone change. On June 5, 1997 the County received the following additional exhibits from the applicant: 1. Bermed Landscape Area Plan 2. Preliminary Site Plan with Vicinity Map J. Map showing the proposed non -mining area. 4. 11 x 17 map showing existing and proposed mining areas. 5. Proposed Deed Restriction. 6. Letter from Richard Allan, stating Broken Top's acceptance of the mitigation measures to which the parties have agreed. These exhibits are labeled consecutively as Exhibits 7 through 13 in the file. Exhibit 'D Page 2 (PA-96-7/ZC-96-7) Page Z of Ordinance 92-054 0162-2201 The Hearings Officer visited the site with staff and the applicant's representative on June 5, 1997. At the conclusion of the June 20, 1997 hearing the record was closed. CONFORMANCE WITH BEND AREA GENERAL PLAN: A. Amendment Procedure Plan changes shall be consistent with the goals, objectives, policies, and statements of intent of the Plan, or these guidelines shall be first changed or amended to reflect new policies. An individual requesting a change shall demonstrate that the change is warranted due to changed conditions, a mistake, or other specific facts that demonstrate a public need and benefit for the change. (p. 69, General Plan) FINDINGS: The plan has only one statement of intent relating to surface mining activities, outlined under "B" below. The following general goals and objectives of the plan are relevant: (1) To retain and enhance the character and quality of the Bend Area as growth occurs. (2) To provide a sound basis for urbanization by establishing proper relationships between residential, commercial, industrial, and open land use. (4) To recognize and respect the unusual natural beauty and character of the area so that the feeling of Central Oregon can be retained within the community as growth occurs. The proposal is in conformance with these goals, as the site is located in an area which has been mined for many years and is adjacent to current surface mining operations. Possible conflicting uses are located across Mt. Washington Drive, a wide arterial street. B. Page 41, Mineral Extraction: "There are some areas designated for industrial use in outlying sections of the community. These uses relate to gravel or pumice mining, and must occur where the resource is available. Gravel deposits are rare in the planning area, but pumice is available in many locations west of Bend. These operations can be carried out in the urban reserve areas with little adverse affect on adjacent uses. However, sites shall be restored to some usable form after the resource has been extracted." FINDINGS: The proposal is consistent with the Statement of Intent regarding mineral extraction on Page 41 of the Plan. The Statement of Intent recognizes that there are areas for industrial use in the outlying sections of the community. These gravel or pumice mining uses must occur where the resource is available. In this case there is a demonstrated resource available. The Plan also acknowledges that extraction operations can be carried out in urban reserve areas with little adverse effect on adjacent uses. In this case the resource is adjacent to an existing mining site. In addition, the proposed expansion area is heavily buffered fi-om the surrounding area uses through topography, trees, and berms for screening. Although not noted on the site plan, Applicant has Page 3 (PA-96-7/ZC-96-7) Exhibit sOf 1 Page - °�7�°s`t Ordinance 0162 -2202 - conferred with Brooks Resources and proposes to extend the berm shown on the south western portion of the property so it extends to length of the south boundary. The Comprehensive Plan also notes that the site shall be restored to some usable form after the resources have been extracted. Once the resource has been depleted, the proposed site along_ with the adjacent existing site will be reclaimed to other suitable uses pursuant to a reclamation plan to be approved by the Department of Geology and Mineral Industries and land use approvals approved by the County and/or City. C. Mineral and Aggregate Resources, ESEE Consequences and Analysis (from Exhibit "D" of the General Plan): FINDINGS: The ESEE analysis for mining activities in the urban area is extremely general in nature. It was concluded in the ESEE that mining activities could occur in the urban area when adequate measures are taken to mitigate impacts on conflicting uses. The Applicant has prepared and submitted a site-specific ESEE analysis for the subject site in order to comply with the requirements of Goal 5 (Exhibit 2). Exhibit 3 is an impact area map and identification of all properties within that area. CONFORMANCE WITH TITLE 19: A. Chapter 19.16, Surface Mining - SM Zone: Section 19.16.010, Purpose. The purpose of the Surface Mining Zone is to allow the extracting of surface mining materials needed by the community while protecting the health and safety of adjoining residents and uses. FINDINGS: The Applicant's geotechnical report estimates a quantity of 200,000 cubic yards of highest quality pumice on the site (Exhibit 4). The Bend Pumice formation which is found on the site is the primary source of commercial grade pumice that is mined for various purposes through the western United States. This formation provides a valuable resource due to its whiteness, favorable chemical composition, grain size, durability and close proximity to rail and truck transportation lines. In addition, the site contains approximately 940,000 cubic yards of general purpose fill materials. These types of surface mining resources are needed by the community of Bend, both for their economic value and necessity to the construction trade. Aggregate resources are a limited resource, and the existing mining sites in the area are being depleted by the tremendous amount of construction activity in the area. One of the primary considerations in the value of a mining site is its location relative to where the material will be utilized, as transportation costs are extremely high (approximately $0.25/cubic yard/mile). Thus, a valuable source of pumice and aggregate resource located in such close proximity to numerous construction sites is extremely important to preserve and utilize. A designation of Surface Mining on this site would both protect the resource from being built upon by residential development and allow it to be utilized. The site is located adjacent to other sites zoned for surface mining, and would actually be an extension of the existing C.O.T. Pit located contiguous to the east. The area in which the proposed surface mine, the existing C.O.T. Pit, the Deschutes County Demolition dump and ail undeveloped site owned by Brooks Resources, is completely isolated from surroundinVu residential development by major roadways. To the south and west is Mt. Washington Drive, to the east is Century Drive and to the north is Simpson Avenue. No residential uses occur in this area dominated by surface mining activities. B. Chapter 19.28, Urban Standard Residential Zone - RS. „�,, Exhibit Page 4 (PA-96-7/ZC-96-7) Page �--Of Ordinance �" `'' `I 0102 -220;3 - Section 19.28.010 - Purpose: The RS zone is intended to provide for the most common urban residential densities in places where community sewer services are or will be available and to encourage, accommodate, maintain and protect a suitable environment for family living. FINDINGS: Due to its location directly adjacent to active surface mining sites, the subject property is not suitable for residential development at this time. Once the resources have been mined from the subject property and the adjacent sites, they can all be reclaimed for use as urban residential development or other possible uses in the urban area. There is currently an adequate supply of RS zoned land within the UGB, so that rezoning the subject property for surface mining will not cause a deficit of residential zoned land. C. Chapter 19.116, Amendments, Appeals and Procedures. Section 19.116.030, Standards for Zone Change. The burden of proof is upon the one seeking change. The degree of that burden increases proportionately with the degree of impact of the change which is sought. The applicant shall in all cases establish: 1. 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. FINDINGS: Conformance with the Comprehensive Plan has been discussed above. The proposal is consistent with the Plan's intent to promote an orderly pattern and sequence of growth. 2. That the change will not interfere with existing development on, development potential, or value of other land in the vicinity of the proposed action. FINDINGS: To the North, the Demolition Dump use has already been established. The proposed Zone Change will have no impact on the existing use or development potential on the Demolition Dump. The potential is severely limited due to the inherent risks associated with the development on the land fill property. Similarly, the property to the East is owned by the same operator and currently has a surface mining operation, there would be no interference with development or development potential on that site. To the southeast is an undeveloped parcel owned by Brooks Resources. The site is zoned RS, and is situated at the intersection of Mt. Washington Drive and Century Drive. The most likely use of this site, given its zoning, would be as a residential subdivision. An active surface mining site adjacent to the site could affect the value of this land for residential development. Alternatively, the property is designated Commercial on the Bend Comprehensive Plan and could potentially be re -zoned for Commercial uses. The impacts for the mining would likely be less than if that site is developed for Commercial use. However, setbacks, screening by the extension of the existing berm, natural topographic changes and other mitigating measures will minimize this impact. To the west across Mt. Washington Drive is the Broken Top P.U.D., with a golf course, club house/restaurant, and high-end residences. The portion of Broken Top nearest to the proposed mine site is the primary entrance, with a gate house, maintenance buildings, and the clubhouse. There is also an undeveloped area which will most likely be developed Page 5 (PA-96-7/ZC-96-7) Exhibit Page s of Ordinance q I- "' `I 0162-224 with residences. The property to the West, is separated from the site by Mt. Washingto% Drive, which acts as a butter. In addition, Applicant proposes not to mine a substantial amount of property on the western end of the site. This area is identified as Non -Mining Area on the Preliminary Site Plan (Exhibit 8). Finally, site obscuring berms are planned along the western side and also along the southern border. The site obscuring berms will screen the mining from view of Mt. Washington Drive and the property to the West and to the South, thus protecting that area and accordingly, existing development or development potential will not be interfered with. Across Mt. Washington Drive to the south is the Skyliners Softball Complex. Mining activities would have little impact on the softball complex, as many activities there take place in the evenings when the mine will not be in operation. In addition, the softball complex is not a use that should be considered noise or dust sensitive. The small area to the North of Mt. Washington Drive on the Parks property is physically separated from the majority of the property and also are bisected by the Brooks Scanlon logging road. The development potential on this northern section is severely limited. There is no development currently on Tax Lot 400. The proposed zone change would not interfere with development potential on the southern portion of Tax Lot 400. There is an existing buffering in the form of Mt. Washington Drive. Alsq, there is a severe topography change so that the proposed mining area will not be visible from Tax Lot 400, South of Mt. Washington Drive. There will be a berm constructed along the southern boundary to provide additional buffering. Finally, regarding interference with the value of land in the vicinity, due to the existence of the current Surface Mining Site, along with the Demolition Dump, and impact to property values by virtue of mining operations already exists. The berm along the southern boundary is currently not landscaped. The exposed material is highly transportable during windy days, as observed by staff during a site visit. This dust could adversely affect the development potential or land value of the adjacent property if left in its present state. Staff therefore recommended that the Hearings Officer condition this decision to require the applicant to: 1) extend the berm to the west along the entire Southern parcel boundary where mining is proposed, as proposed by applicant, and 2) landscape and irrigate this berm to minimize dust and visual impacts from the mining site on surrounding properties. 3. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDINGS: The purpose and intent of the Surface Mining Zone is "to allow the extraction of surface mining materials needed by the community while protecting the health and safety of adjoining residents and uses." The subject property has an accessible supply of pumice and fill materials which are needed by the local construction industry. The proposed mine location and buffering measures provided by roadways and setbacks will ensure the health and safety of adjoining residents and uses. 4. That the change will result in the orderly and efficient extension or provisions of public services. Also, that the change is consistent with the City of Bend policy for the provision of public facilities. FINDINGS: The proposed use as a surface mine will not require the extension of any public services. Road access to the site is excellent, with frontage on a major arterial and Exhibit I " Page 6 (PA-96-7/ZC-96-7) page of Ordinance access is to Simpson Avenue. 0162-2205 5. That there is proof of a change in circumstances or a mistake in the original zoning. FINDINGS: A change in circumstances has occurred in that existing mining sites are being depleted of resources. For example, the pumice site owned by William Miller on Skyliner Road was closed earlier this year. This has made it necessary for new sources to be explored. Information provided in the submitted geotechnical report indicates that there is a significant resource at the site. CONFORMANCE WITH OREGON_ ADMINISTRATIVE RULES: A. OAR 660-12-060, Transportation Planning Rule Pian and Land Use Regulation Amendments: "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 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." Page 7 (PA-96-7/ZC-96-7) Exhibit Page of Ordinance R 2 - '54 -- 0162-2206 FINDINGS: 'the proposed Plan Amendment and Zone Change do not significantly affect the transportation facility. Primary access will be via an access road to Simpson Avenue. (Prior access to Century Drive has been closed.) The mining operation will continue on this site ti-onthe existing adjacent site. It is not anticipated that substantial additional truck tragic will be generated. Instead, as the adjacent site becomes depleted the operation will move onto the subject property and continue. Accordingly, the potential impacts from the re -zone would be the existing truck traffic generated by the mining operation. This in effect will reduce potential trip generation because the development of residential uses would produce substantially more daily trips than an SM zone. Simpson Avenue is built to collector standards. It has a capacity of 10,000-12,000 trips per day. The function and capacity of that street is adequate to meet the potential traffic to be generated. Similarly, Simpson intersects with 14`x' Street/Century Drive, an arterial. Its capacity is 18,000-20,000 daily trips. It has the function and capacity to handle the estimated trip generation from the re -zone. B. OAR 660-18-000 to 010, Requirements and Application Procedures for Complying with Statewide Goal: (1) OAR 660-16-000(1). The inventory process for Statewide Planning Goal 5 begins with the collection of available data from as many sources as possible including experts in the field, local citizens and landowners. The local government then analyzes and refines the data and determines whether there is sufficient information on the location, quality and quantity of each resource site to properly complete the Goal 5 process. This analysis also includes whether a particular natural area is "outstanding", as outlined in the Goal. Based on the evidence and local government's analysis of those data, the local government then determines which resource sites are of significance and includes those sites on the final plan inventory. FINDINGS: The Applicant has submitted a Fill Solis Resource Investigation. The report was prepared by Siemens & Associates, a geotechnical engineering firm located in Bend. and identities the location, quality and quantity of the mineral and aggregate resource on the subject property (Exhibit 4). (2) OAR 660-16-000(5). Based on data collected, analyzed and refined by the local government, as outlined above, a jurisdiction has three basic options: (a) Do Not Include on Inventory; (b) Delay Goal 5 Process; (c) Include on Plan Inventory: When information is available on location, quality and quantity, and the local government has determined a site to be significant or important as a result of the date collection and analysis process, the local government must include the site on its plan inventory and indicate the location, quality and quantity of the resource site (see above). Items included on this inventory must proceed through the remainder of the Goal 5 process. FINDINGS: Exhibit 4 clearly indicates the location, quality and quantity of the resource on the site. This information demonstrates that the site is significant and important. Page 8 (PA-96-7/ZC-96-7) Exhibit 8 Page of Ordinance '11-0" 0162-220'7 Therefore, the site should be included on the plan inventory as a Surface Mining Zone. The Applicant has presented a proposed ESEE findings and decision document in accordance with the Goal 5 process. This document can be adopted by the County in support of including the site on the Plan inventory of surface mining sites. (3) OAR 660-16-005, 660-16-010 - Identify Conflicting Uses, Develop Program to Achieve the Goal: FINDINGS: Exhibit 2 is the Applicant's proposed Economic, Social, Environmental and Energy (ESEE) consequences findings and decision document. The document was drafted in accordance with the provisions of OAR 660-16-050 and 010. The ESEE recognizes some contlicting uses, and recommends limitations on mining and some conflicting uses in order to achieve the goal. CONFORMANCE WITH STATEWIDE LAND USE GOALS: FINDINGS: When a Comprehensive Plan map is amended to change the permissible use of a single tract of land, without any change in the Plan's underlying policies, the proponent of the change has the burden of proving that the change in the Plan map is consistent with the goals and policies expressed in the Plan as a whole and that the change does not violate the specific provisions of any applicable Statewide Planning Goal. South of Sunnyside etc v Board of Commissioners, etc., 280 Or 3, 569 P2d 1063, 1075, (1977). The following addresses the compliance with Statewide Planning Goals: 1. Citizen Involvement. This goal has not been violated as the City's land use process provides for public notice of proposed zone changes and plan amendments. 2. Land Use Plannine. This goal has not been violated because the land use planning process and policy framework has been applied in this application. At least two hearings will be held on this matter. 3. Agricultural lands. The proposal does not affect any agricultural lands. 4. Forest Lands. The proposal does not affect any forest lands. 5. Open Spaces, Scenic and Historic Areas. Natural Resources. The proposal is in conformance with Goal 5, as it provides for the protection of a Goal 5 resource. In addition. the area of special interest located on the site is proposed to be preserved. 6. Air, Water and Land Resources Quality. The proposal does not violate Goal 6 because the proposal will not appreciably change the environmental impact that development of the subject property will have an the applicable air shed or water basin. Minim, of the site will be subject to stringent site plan review and operating standards imposed by Deschutes County and the Department of Environmental Quality. 7. Areas Subject to Natural Disasters and Hazards. No identified natural disaster or hazard areas are identified in the proposed property to be affected. 8. Recreational Needs. This goal does not apply to the subject property as the Page 9 (PA-96-7/ZC-96-7) Exhibit Page 9 of " Ordinanceg 7 - 0 f `l 0162-2208 property is not planned for future park or recreation use and is not being proposed for destination resort use. 9. Economic Development. This goal is satisfied as the proposal will provide land for surface mining construction resources which will aid the construction industry and create jobs for area residents. 10. Housing. Goal 10 is impacted by the removal of land zoned for residential development fi-om the inventory of buildable lands available for residential development. The Bend Urban Area does, however, have a significant supply of land zoned for residential use. Additionally, due to the properties location adjacent to two active sites zoned for surface mining, it is not attractive at this time for residential development. The addition of a site for construction fill material in close proximity to residential zoned developable lands will reduce construction costs, thereby making the housing more affordable. 11. Public Facilities and Services. Goal I I is not violated because the parcel has been identified as urban land and is served with adequate urban facilities and services, including: water, sewer, electricity, etc. The proposed use of the property as a mine site will not require any significant public facilities or services. 12. Transportation. This goal will be met by the imposition of conditions of approval on the development of the property requiring infrastructure improvements to the area road network. Additionally, compliance with OAR 660-12-060 will assure that the zone change will not harm the adjoining transportation system. 13. Enemy Consei—vation. The proposal is in compliance with Goal 13 in that it will provide a readily available source for construction materials in close proximity to the sites where they will be used, thus significantly reducing energy consumption associated with transporting the materials over greater distances. 14. Urbanization. Goal 14 is not violated because the proposal is located within an urban growth boundary, and does not impact the transition from rural to urban use. Goals 15 through 19 are not applicable because they are tied to specific locations not within the proposed area. nvcisim The Hearings Officer APPROVES the proposed Plan Amendment and Zone Change to Surface Mining subject to the conditions listed below. In addition, the Hearings Officer recommends that the County adopt the Conflict Analysis and ESEE Findings and Decision proposed by Applicant as part of the Bend Urban Area General Plan and place the subject property on an inventory of Goal 5 mineral and aggregate resource locations. Staff is directed to set a hearing date before the County Commissioners in fulfillment of DCC 22.28.030. Applicant shall extend the berm the length of the south boundary of the subject property along the "Proposed Mining Area" shown in Exhibit 8. This berm shall be constructed- landscaped and irrigated before mining_ activity start within the "Proposed Mining Area." Simultaneously, the existing berm shall also be irrigated for dust control. Page 10 (PA-96-7/ZC-96-7) Exhibit Page Iy of " Ordinance �1-c `l 0162-2209- 2. Applicant shall construct, landscape and irrigate the "Proposed Berm" on the western boundary of the subject property as shown in Exhibit 8 before starting minim activity on the subject property. Landscaping shall be completed as shown on Exhibit 7. 3. Applicant shall execute and record the deed restriction (Exhibit 11) submitted with this application, pursuant to the agreement between Applicant and Broken Top Limited Partnership, prior to starting mining activity on the subject property. 4. Applicant shall obtain site plan approval from Deschutes County before beginning mining operations on the subject property. 5. Applicant, or its successor in interest, shall take all necessary steps to rezone the subject property after mining operations and reclamation are completed. 6. Applicant shall conduct its operations in accordance with the Program to Meet the Goal as set forth in paragraph 22 on page 7 of the COT Pit Expansion Conflict Analysis and ESEE Findings and Decision. Dated: June 24, 1997. Christi' er C. Eck, Hearings Officer Mailed: June2lo, 1997. THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING UNLESS TIMELY APPEALED. Page l l (PA-96-7/ZC-96-7) Exhibit 0 Page of Ordinance 0162..2210 Conflict Analysis and ESEE Findings & Decision COT Pit Expansion PRELIMINARY FINDINGS Deschutes County has previously determined that an area within one-half mile of a mining site constitutes the impact area surrounding a mining site in rural areas. This determination has been accepted by the Department of Land Conservation and Development (DLCD) as evidenced by DLCD's acknowledgment of the County's comprehensive plan with respect to Goal 5. Since this site is in an Urban Area and uses are more highly concentrated, and already have greater impact than a rural area, a smaller impact area of 1/4 mile is more appropriate. Existing or possible uses within this 1/4 impact area must be considered when determining whether or not any conflicts with mining exist. Uses within the impact area for the subject parcel include school, commercial, residential, recreational, and surface mining. Geotechnical evidence suggests that the subject property contains approximately 940,000 cubic yards of general purpose fill resources and 200,000 cubic yards of pumice. APPLICABLE CRITERIA Criteria applicable to this decision are Statewide Planning Goal 5, its implementing rule, OAR 660-16-000, and the Bend Area General Plan regarding surface mining goals and policies. ESEE Findings and Conclusions COT Pit Expansion Inventory. The Applicant's Fill Soils Resource Investigation establishes that the site has 940,000 cubic yards of general purpose fill which are needed for use as fill material for building construction sites throughout the Bend area and 200,000 cubic yards of pumice. 2. Site Characteristics. Extensive historic pumice mining at the site, particularly in the large, open valley in the center of the sites and south of the prominent ridge, has resulted in extensive movement of surface materials. The site topography consists of NE - SW trending low ridges separated by shallow valleys which slope gently to the NE. The highest ridge is capped by densely welded Tumalo Tuff; the northeast extent of this ridge terminates in the existing COT Pit. Shevlin Park Tuff partially caps the ridge lying just to the north. The south side of both ridges are vertical in places due to historic pumice mining. Fill along the valley margins resulted from the mining operations. Several of the COT Pit Expansion - ESEE Findings & Conclusions P:\DATA\DEV\CLIENTS\Q-S\ROBINS.002 Page 1 Exhibit E " Page of Ordinance 9 1- 0514 Bryant LDvlien ®1arvis a -n- arn�u.Fs nr uw 40 N.W. Greenwood - P.O. Box 1151 - Bend, Oregon 97709-1151 - (541) 382-4331 - Fax (541) 389-3386 0162-2211 smaller hills on the site are in reality fill material moved by the pumice mining operations. Conflict Analysis. a. Conflicts Resource Conflicts. The site is not designated or suitable for any resource use for forest or farming activities. There are some merchantable tree species growing on the property, primarily ponderosa pine ranging up to two feet in diameter. Given time, these trees could increase in resource value as they grow to greater size. However, preserving these trees would preclude use of the site for mining activities. Harvesting of the trees at their present size prior to mining would garner some resource benefit from the wood fibers. This would allow utilization of both the timber and mineral resources on the site. After mining, the site will be reclaimed and made suitable for urban uses. Land Use Conflicts. Land uses on the RS zone surrounding the site are set forth in Title 19 of the County Code. The County finds that given the impacts of noise, dust, traffic, and physical scarring of the landscape associated with surface mining, all allowed uses in the RS zone are conflicting in that full protection of those uses would preclude zoning for surface mining. Residential uses are noise and dust sensitive uses which are impacted by surface mining activities. Resource Conflicts Protection of Mineral and Aggregate Resource 4. Economic Consequences. The County finds that the economic consequence of protecting the mineral and aggregate resource, in conflict with other natural resources, is difficult to measure. Social Consequences. The Applicant believes that the social consequences of protecting the mineral and aggregate resource over the other natural resources would be negative. 6. Environmental Consequences. The Applicant believes that allowing surface mining activities may have adverse environmental consequences on deer habitat. However, the site is not within a recognized and protected deer range. Over the long term, the environmental consequences will be minimized as the site is reclaimed after mining. COT Pit Expansion - ESEE Findings & Conclusions P:\DATA\DEV\CLIENTS\Q-S\ROBINS.002 Page 2 Exhibit Z 8 Page � Ordinance 97 - "s`l Bryant Lovlien ® Jarvis nracut�aw,rcow�xnnon arn�tiExs,ruw 40 N.W. Greenwood • P.O. Box 1151 • Bend, Oregon 97709-1151 • (541) 382-4331 • Fax (541) 389-3386 0162-2212 7. Energy Consequences. The Applicant believes that the energy consequences of protecting the mineral and aggregate resource, over the other natural resources, would be to increase the energy consumption at the site due to fuel expenditures needed to run the heavy equipment and processing equipment and to transport fill to its end use. Such energy use would be bound to occur, in any event. Mineral and aggregate resources are needed for use in the Urban Area. Failure to protect the mineral and aggregate resources at this site would mean that such energy use would occur elsewhere. This site is conveniently located in the rapidly growing west side of Bend, where most fill material will be needed. Travel from this location to the west side of Bend may occur without passing through the center of Bend, as is presently done by trucks from other mines. This fact will enable trucks to conserve energy as they will not be required to stop and start for the numerous traffic lights in the Bend community. Protection of Conflicting Goal 5 Resources 8. Economic Consequences. Protection of the natural resources would preclude mining at the site. The County has previously found, as reflected in the goals and policies statement of the County Comprehensive plan, the County consumes 2 million cubic yards of mineral and aggregate materials each year. Under the laws of supply and demand, failure to protect sufficient amounts of mineral and aggregate for the 20 -year planning cycle will result in an increased cost in aggregate resources. Increases in mineral and aggregate costs would in turn result in increased construction costs. To the extent that minerals and aggregate would need to be hauled in from outside the area, the cost of mineral and aggregate would be increased by haulage costs, which the County has previously found to be at a rate of 22 cents per cubic yard per mile. The County has found 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 has found 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. This particular site, standing alone, is not essential to meeting the County's mineral and aggregate needs; however if enough sites are eliminated due to conflicts, it could be. Further, the County has recognized the importance of preserving mineral and aggregate resources for construction and finds that failure to protect such sites located in close proximity to areas of rapid growth such as the west side of Bend would lead to increased haulage costs. COT Pit Expansion - ESEE Findings & Conclusions P:\DATA\DEV\CLIENTS\Q-S\ROBINS.002 Page 3 Exhibit rC-" Page 3 of Ordinance 117 - °S y Bryant Lovlien ® Jarvis .>I'ItC%£g10!ALCOWr1R411(T�AI'IOR�EYS AT UIQ' 40 N.W. Greenwood - P.O. Box 1151 - Bend, Oregon 97709-1151 - (541) 382-4331 - Fax (541) 389-3386 01 s2=- 3 Mineral and aggregate resources are a commodity with a market value. Failure to allow mining of such resources would prevent the value of such resources from being realized by the local economy. Although the number of jobs represented by the local aggregate industry is small in number, mining jobs tend to pay at higher rates than those found in the service sector. The general purpose fill from this site will, however, be used in construction work in the Bend area. The construction trades pay higher wage rates than those paid in the service sector and are an important part of the local economy. The economic impact of failing to preserve sufficient mineral and aggregate reserves is not readily mitigated. Mineral and aggregate resources are location dependent and are finite resources. 9. Social Consequences. Preserving the natural resources at the site could have negative effects on the general welfare of the County if insufficient amounts of mineral and aggregate are preserved. Regardless of the amount of supply readily available, there will always be a demand for mineral and aggregate resources. The County's roads would still need improvement and maintenance. General purpose fill would still be needed by the local building industry. A deterioration of the County's roads and streets would negatively impact the liveability and quality of life in Deschutes County. A lack of needed fill would force major changes in methods of construction and might prevent construction of some projects. There are also social consequences of increased building costs that can result from a shortage of readily available mineral and aggregate resources. 10. Environmental Consequences. Protection of the conflicting natural resources would preclude mining at the site. Protection of the natural resources by precluding mining would have positive environmental consequences. 11. Energy Consequences. As mentioned above, the energy consequences of protecting the natural resource values of this site would involve increased haulage distances. The protection of natural resource values at the site would have negative energy consequences. 12. Relative Values of the Conflicting Resources. Mineral and aggregate resources are in limited supply in the County and there is a need for the mineral and aggregate resources on Bend's west side as full for construction sites. Conflicting natural resources are limited to forest use. As the land is currently designated for urban residential development, it would not be utilized for forest uses even if mining were not allowed. There is ample land designated for forest use in the County outside of the Bend urban area. Therefore, the County finds that the value of the site for its mineral and aggregate resource outweighs its resource value for forest use or any other resource use. As such, the site should be preserved for surface mining use by designating it as such on the general plan and zoning maps. COT Pit Expansion - ESEE Findings & Conclusions P:\DATA\DEV\CLIENTS\Q-S\ROBINS.002 Page 4 Exhibit E„ Page y of 8_ Ordinance 97- Bryant Lod ien ® Jarvis AfROFESIONAL CORIYMATIOt� 11 T11TIAIV 40 N.W. Greenwood • P.O. Box 1151 • Bend, Oregon 97709-1151 • (541) 382-4331 • Fax (541) 389-3386 0162-2214 Conflicting Uses Protection of Aggregate and Mineral Resource 13. Economic Consequences. The economic consequences of protecting the mineral and aggregate resource relates to the impacts of surface mining on adjacent uses, the value of mineral and 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 impacts 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 indicate that there was no drastic fluctuations in these property values. This same analysis shows that there has been no appreciable decline in sales of these or similar types of properties. The most significant impact to surrounding property owners would be if regulations to protect the mineral and aggregate resource were enacted that would make surrounding properties unbuildable. Allowing surface mining activities at this site could have some short-term negative impacts on the ability to utilize this property for other uses. However, the owner of the site has determined that the mineral and aggregate resource on the site is of greater economic value than residential uses. Nothing indicates that such uses would have a higher economic value than use of this site for surface mining. There is no shortage of land in the urban area available for development for the uses allowed in the RS zone, while the supply of mineral and aggregate resources in the County is in short supply. Furthermore, surface mining is a transitional use, and after reclamation the land surface would then become available for other uses. 14. Social Consequences. Preserving this site for the production of mineral and aggregate resources would have a major impact on the quality of life associated with the other land uses in the area. The impacts of noise, fugitive dust emissions, and increased truck traffic would negatively impact the livability and scenic quality of the surrounding area. Such uses may be mitigated, however, through environmental controls on the mining operation. Such controls are imposed, by the County, by ordinance and through site plan review of mining operations. The County finds that the negative social consequences of mining activity are high in this case due to the fact that there are many existing land use conflicts. Additionally, it is likely that additional such conflicting uses will arise in the future, due to the zoning and private ownership of surrounding lands. COT Pit Expansion - ESEE Findings & Conclusions P:\DATA\DEV\CLIENTS\Q-S\ROBINS.002 Page 5 Exhibit E" Page 5 ofi 8 Ordinance°— Bryant Lovlien ® Jarvis rrao . A�C(wc nM rrrt MAinw 40 N.W. Greenwood - P.O. Box 1151 - Bend, Oregon 97709-1151 - (541) 382-4331 - Fax (541) 389-3386 0162-2215 15. Energy Consequences. The County finds that preserving this site for the production of minerals would have overall 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, as there is a basic need for such resources. Haul distances to construction projects in the area would be minimized. To the extent that surface mining would preclude or discourage development of the surrounding rural lands, the energy consequences would likewise be positive. 16. Environmental Consequences. The County finds that protecting the site for mining would have negative environmental consequences for the same reasons given under paragraph 14 above. The County further finds that such impacts can be mitigated. Protection of Conflicting Land Uses 17. Economic Consequences. All uses in the surrounding zoning designations are classified as noise sensitive uses for purposes of DEQ noise regulations. Protection of such surrounding conflicting uses can have the effect of precluding or limiting further surface mining activity due to noise regulations. Likewise, dust, traffic and aesthetic impacts place constraints on surface mining operations amongst conflicting land uses. While the elimination of part or all of any one site (except R.L. Coats' site No. 308 in 17- 12-18 of 10 million cubic yards) would not significantly impact the total supply of mineral and aggregate in Deschutes County, if every site with conflicting uses were eliminated for that reason, Deschutes County would be unable to meet its mineral and aggregate needs. Almost every mineral and aggregate site has some degree of conflict with surrounding land uses. In light of that fact, each aggregate site takes on importance, as cumulatively, individual sites with conflicts could be eliminated and prevent the County from meeting its mineral and aggregate needs. 18. Social Consequences. The County finds that the social consequences of allowing incompatible development to preclude the use of all or part of this site would be the same as those under the Goal 5 discussion above. 19. Environmental Consequences. The environmental consequences of protecting surrounding land uses is mixed. Protecting the conflicting land uses could well preclude mining at the site. This would have positive environmental consequences in that the noise, dust, traffic, and aesthetic impacts associated with surface mining would be prevented. However, protecting the conflicting land uses can also have negative environmental impacts. If surrounding areas become developed, they, too, can have a detrimental impact on wildlife habitat, reducing the overall supply of food and cover and increasing competition for adjoining undeveloped habitat. COT Pit Expansion - ESEE Findings & Conclusions P:\DATA\DEV\CLIENTS\Q-S\ROBINS.002 Page 6 Exhibit "' Page (o Of 8 Ordinance Bryant Lovlien ® Jarvis AI'HOFF�6ICMAL(ilA1VRATKY.J AiIIXLNE15 AT LAW 40 N.W. Greenwood - P.O. Box 1151 - Bend, Oregon 97709-1151 - (541) 382-4331 - Fax (541) 389-3386 k 0162-2216::. 20. Energy Consequences. Allowing development that would preclude or curtail mining at this site would create greater energy consumption because the mineral and aggregate resources for construction projects on Bend's west side would have to come from sites located further away. 21. 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 mineral and 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 uses are important relative to one another. The aggregate has importance due to its limited availability in the County and its location near its point of use in Bend's west side. 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 660-16-010, it will limit the use of the mineral resource at the site in favor of the conflicting uses. Program to Meet the Goal 22. The Board finds that, in order to protect both the aggregate resource and the conflicting uses, the site will be zoned for surface mining, subject to the following ESEE conditions: (a) Setbacks shall be required for potential conflicting residential and other development; (b) Noise and visual impacts shall be mitigated by buffering and screening; (c) Hours of operation shall be consistent with applicable county ordinances. Conflicting Resources 23. The County finds that surface mining use of the site will be limited by the provisions for screening and buffering to mitigate noise and visual impact. The County finds that the screening and buffering ESEE requirements are met by the screening and buffering requirements in the Deschutes County zoning ordinance. The County finds that such mitigation will not prevent the County from achieving its goal, since the site will be allowed to be mined. Mineral Resources 24. The County will protect the mineral and aggregate resource by zoning the site SM to allow for surface mining activities. The County finds that Deschutes County Bend Urban Area Zoning Ordinance allows mining activities such as extraction, processing, crushing, COT Pit Expansion - ESEE Findings & Conclusions P:\DATA\DEV\CLIENTSIQS\ROBINS.002 Page 7 Exhibit Page of Ordinance 9'I - 05 y Bryant L Mien ® Jarvis ,rxofm¢�ua�cowounnonnrnxc.�s.>*uw 40 N.W. Greenwood - P.O. Box 1151 - Bend, Oregon 97709-1151 - (541) 382-4331 - Fax (541) 389-3386 0162'2217 batching, and other mining -dependent uses as permitted or conditional uses and activities in the zone. Conflicting uses, such as residential uses that would irretrievably commit surface area to other uses and otherwise conflict with surface mining are not allowed uses in the zone. In this manner the surface area of the mineral and aggregate resource is protected against establishment of uses that would prevent mining of the mineral and aggregate in the future. Such protection advances the goal of protection of sufficient mineral and aggregate resources to meet the County's mineral and aggregate needs. 25. The County finds that, in combination with the action taken on other mineral and aggregate sites, zoning the site for surface mining and protecting the site from future surrounding conflicting land uses, the County's goal of preserving sufficient aggregate resources to meet the needs of the County have been met. Land Use 27. Existing conflicting land uses are protected by the requirement that newly sited surface mines or expansion of existing surface mines meet screening requirements, setback requirements, noise standards, adhere to limits on maximum area of surface disturbance and other limitations. COT Pit Expansion - ESEE Findings & Conclusions Page 8 P:\DATA\DEV\CLIENTS\Q-S\ROBINS.002 Exhibit E7" Page a of � Ordinance q_7-0`;) Bryant Lovlien ® Jarvis i f'ROfEEAIMiALCCNU'OIiATI(h \I'RlRNE15 At L\14' 40 N.W. Greenwood - P.O. Box 1151 - Bend, Oregon 97709-1151 - (541) 382-4331 - Fax (541) 389-3386