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1999-897-Minutes for Meeting June 03,1999 Recorded 8/12/1999VOL: CJ1999 PAGE: 897 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ1999-897 * Vol -Page Printed: 08/19/1999 10:00:33 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Aug. 12, 1999; 9:46 a.m. Regular Meeting (CJ) NUMBER OF PAGES: 8 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK i ki1G i99 C.pqqq.. V7 99 AUG 12 AN 9: 46 MINUTES MARY SUE rENHOLLOW COUNTY CLERK DESCHUTES COUNTY BOARD OF COMMISSIONERS June 3, 1999 Chair Tom DeWolf called the public hearing to order at 9:02 a.m. County Commissioners present were Tom DeWolf and Dennis R. Luke. Also in attendance was Kevin Harrison, Planner; Dave Leslie, Planner; and Bruce White, Assistant County Counsel. 1. PUBLIC HEARING ON PLAN AMENDMENT AND ZONE CHANGE FOR LA PINE REDI MIX Before the Board was a public hearing on a plan amendment and zone change for La Pine Redi Mix. Kevin Harrison reported this was a public hearing on PA -98-11 and ZC-98-5 for a Plan Amendment and Zone Change from Forest Use to Surface Mining for a 20 -acre parcel located east of Highway 97 and north of La Pine. Kevin stated the Hearings Officer had denied this request. Kevin Harrison review the applicable criteria with the Board. Kevin Harrison asked if any Board member had any prehearing contacts. Each Board member stated they had none. He then asked if any Board member had ex parte contacts. Each Board member reported none. Kevin Harrison then asked if there were any challenges forthcoming from the audience of bias or prejudice against the Boards ability to hear this issue. There were no challenges from the audience. Kevin Harrison stated this property was identified on Assessor's Map 2111 as Tax Lot 700. The site was found to contain 479,000 cubic yards of sand and gravel suitable for fill for sand filter systems. He stated the Hearings Officer MINUTES Pagel of 8 JUNE 3, 1999 denied this request because if failed to meet two criteria. He felt the essential issue was how the property was treated under the Goal 5 Administrative Rule. He stated surface mining materials are a Goal 5 resource. The Goal 5 Administrative Rule tells us how to treat these resources. Bob Lovlien, attorney for the applicant, stated this was the only site in Deschutes County that had the DEQ sand and pea gravel. He stated this would be an expansion of the existing site because it contained the same material. Brent Lake, Field Representative for the Department of Land Conservation Development, stated there was a problem with Goal 5. He felt this was a site that should be allowed to be on the inventory and be mined. Commissioner Luke asked how long it would take to develop a standard for this resource. Kevin Harrison felt that if they started with sand, they could have standards for that by the end of the year. He stated that it might take several years to complete the standards for other the resources. Kevin Harrison stated there was an inventory of surface mining sites. He also reported there were sites that they were aware of but were not zoned surface mining. Brent Lake stated he was involved in the work that the County did when they adopted the surface mining zones. He felt there was an adequate supply of most mineral and aggregate resources except for the sand. He felt the Board should addressed the sand standard now because there was not an abundant supply of this type in the County. Kevin Harrison stated the staff recommendation was to have La Pine Redi Mix continue the hearing indefinitely to direct staff to initiate the text amendment to adopt these standards for sand. He felt that when the standards were adopted, La Pine Redi Mix could withdraw their application and reapply under the new standards. MINUTES Page 2 of 8 JUNE 3, 1999 Commissioner DeWolf asked if the standards could be done by the end of the calendar year. Kevin stated he was not positive but that would be the goal. Dave Leslie stated they would not be able to initiate this until the end of July or first of August. He felt the process would take 3 to 4 months to complete. Brent Lake felt the standards could be set up very quickly. He stated it required a notice to his department with at least 45 days before the final hearing. There would need to hearings before the Planning Commission since it was a plan amendment and they would need for forward a recommendation to Board of Commissioners. The Board of Commissioners' would then need to take action. He felt 3 months would be the shortest time frame. Commissioner Luke asked if there was another process the applicant could follow while the County was getting the standards set. Bob Lovlien stated he agreed with staff that the most appropriate way would be to adopt these standards and re -file their application. He felt that DLCD would support a second way of going about this. He stated that on this site specific one the Board could adopt DEQ standards for gravel and sand and adopt Oregon Department of Transportation standards for PCC sand and there were standards for these. Bob Lovlien stated they would be asking the County to approve the zone change adopting as standards the ODOT PCC rules and the DEQ gradation standards as being significant. He felt this would allow the applicant to apply for a site plan and open up their second pit. He expressed concern about the time lines involved. He stated it could be 3 months to adopt standards but it may end up taking as long as 6 months. Dave Kirkland, Century West Engineering, the sand meets the MOT standards for sand. Commissioner DeWolf felt that if this allowed the County to move forward in a way that serves our citizens, that was the reasonable way to go. Bob Lovlien felt the Board could adopt these standards on a site specific basis for this site. He stated they would be happy to prepare the decision. MINUTES Page 3 of 8 JUNE 3, 1999 LUKE: I move we amend the comprehensive plan to put this site on the inventory, amend the comprehensive plan to designate this site for surface mining for surface mining subject to the four conditions that are included in the staff report. DEWOLF: Second VOTE: SWEARINGEN: EXCUSED DEWOLF: YES LUKE: YES 2. PUBLIC HEARING ON PLAN AMENDMENT AND ZONE CHANGE FOR PETER STOTT Before the Board was a public hearing on a plan amendment and zone change for Peter Stott. Kevin Harrison reported this was a public hearing on PA -98-12 and ZC-98-6 for a Plan Amendment and Zone Change from Surface Mining to Forest Use for an 80 -acre site located Southeast of Black Butte Ranch. Kevin Harrison reported this property was located at 70350 Brooks Scanlon Logging Road, Tax Lot 2100 on map # 1409. The Hearings Officer's decision stated the site was found to contain 175,000 tons of material meeting Oregon Department of Transportation's specifications for base rock and road building. He stated the Hearings Officer denied this application because it failed to meet the criteria in the zoning ordinance, comprehensive plan and the Goal 5 rule. The Hearings Officer felt the site still contained a significant resource and the site had not yet been reclaimed. Kevin Harrison stated there was a lot of discussion about the amount of material on the site. Kevin Harrison stated this site was on the inventory. It had been put on the inventory in 1988. When the current owner purchase this property, the surface mining zone was already in place. MINUTES Page 4 of 8 JUNE 3, 1999 Dave Leslie reported this site had not been reclaimed at the time of the hearing before the Hearings Officer. Bruce White commented that the applicants wanted the zoning for surface mining removed from the property. He felt there were two ways to get that done. One way would be to take it off of the inventory. He stated it could remain on the inventory but it could be determined that it couldn't be mined. It would be a known resource but due to various balancing factors, conflicts, etc. it would be more valuable to protect it. Chair Tom DeWolf opened the public hearing. Nancy Craven, representing the applicant, testified. She stated their had been a change of circumstance. The change of circumstance was the siting of Hap Taylor's site on the McKenzie Highway which had at least 11 million and close to 15 million cubic yards of rock. She stated the applicants site had a very limited quantity of rock. She reported that when it was put on the inventory, it was put there for the purpose of Oregon Department of Transportation projects on Highway 20 and could not be used for anything else. She reported Hap Taylor's site was the largest aggregate inventory in the County and contained close to a quarter of the rock in the County. She felt the applicant's site could not be used economically for Highway 20. She stated the site does not contain 100,000 tons of ODOT specification rock. She reported the most conservative conversion factor came up with less than 100,000 ton. She stated they estimated there was 59,990 tons of rock. She stated the reclamation had been completed since the last hearing. She reported the pit had not been used since the mid 1980's. Nancy Craven felt the real issue was the calculation of quantity. She stated the computer model they submitted proved there was less than 100,000 tons. Commissioner Luke asked what the applicant wanted to do on this property that they couldn't do now. Nancy Craven stated the applicant was using if for forest management purposes. They were not intending to do other things, but they wanted the MINUTES Page 5 of 8 JUNE 3, 1999 surface mining zone off of it. The owner wanted to make it clear that it was not going to ever be mined in case he wanted to sell the property. Commissioner DeWolf summarized by saying that if the three conditions were met, then they have no choice but to remove the designation. Kevin Harrison believed that was true. Nancy Craven stated there was a two step test under the State standards for determining significance. The one way test was whether there was 100,000 tons and no the applicant did not have that. The second was it on the local comprehensive plan. She stated the filed their application to demonstrate a change of circumstance and a mistake to show that they met the standard. They were showing that this site had been superceded in terms of need by the Hap Taylor site. She felt the mistake was when this was put on the inventory and there was no technical data as to why it was put on the inventory, such as quantity of aggregate. Commissioner DeWolf stated this site had been mined significantly in the past and did not agree that there was a mistake. Nancy Craven felt the number of 750,000 tons had been inaccurate originally. Bruce White stated that when these sites were put on the inventory originally, the County accepted the amount the landowner reported to the County. Bruce stated we still have sites that have less than 93,000 tons on our inventory. He felt the question was whether our new standard would be allow any site to be removed if they came in with information stating there was less than 100,000 tons. Nancy Craven stated they had shown there was a mistake and a change of circumstances. She stated this was not precedent setting. She stated the Hap Taylor replaced the need for this site completely. Commissioner Luke stated he still wondered why the applicant wanted to remove the surface mining if all they wanted to do was forest management because forestry was allowed now. Nancy Craven stated they have established MINUTES Page 6 of 8 JUNE 3, 1999 a forest management dwelling on the property and they do not want the mining site open and potentially used for surface mining. She felt the inventory of the County should reflect reality of the available rock. Jim Bussard testified regarding the history of this site. He reviewed the issues as to why this site would not be used in the future. Kevin Harrison stated this was a property with two different zoning districts on it. The property consisted of a total of 630 -acres. The 80 -acre piece was the only portion zoned surface mining. The remaining property was zoned for forest use. Bruce White stated that once one of these sites was removed, the County would lose it forever. Commissioner DeWolf stated he was reluctant to remove a resource. He stated the site had been fully or partially mined and the site has been reclaimed. Commissioner Luke asked what options were available to the commissioners. Bruce White stated the Board could decided that they wanted to keep it on the inventory but change the zoning or they could decide it was significant and that it should retain its zoning. So one option would be to uphold the Hearings Officer's decision. Bruce stated they could keep it on the inventory but decide it was not significant and change the zoning. Nancy Craven stated that if the Board was inclined to leave it on the inventory but change the zoning, she would like to discuss this with her client and come back to the Board for further discussion. Since the applicant requested a continuance, Chair Tom DeWolf stated the public hearing would be continued to June 28, 1999 at 10 a.m. At the applicants request, the 180 -day rule was put on hold until June 28, 1999. MINUTES Page 7 of 8 JUNE 3, 1999 DATED this 3' day of June, 1999 by the Deschutes County Board of Commissioners. Linda L. Swearingen, Chair Tom DeWolf, Commis ' ner A TEST: .A. Recording Secretary D is R. Luke, Commissioner MINUTES Page 8 of 8 JUNE 3, 1999