1999-1002-Ordinance No. 99-028 Recorded 10/14/1999VOL: CJ1999 PAGE: 1002
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-1002 *Vol -Page Printed: 10/14/1999 13:41:29
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:
Oct. 14,1999; 10:42 a.m.
Ordinance (CJ)
NUMBER OF PAGES: 29
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KEU CHED
OCP
C 141999
REVIEWED A5 TO FORM
CODE REVIEW COMM.
REVIEWED
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LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending PL -20, Deschutes County * '99 OCT 14 AM 10-- 42
Year 2000 Comprehensive Plan, Revising the ESEE *
Analysis and the County Inventory for Surface * MARY SUE P E N H O L L O W
Mining Site No. 315, and Declaring an Emergency. COUNTY CLERK
� I / q, fq- Ado
ORDINANCE NO. 99-028
WHEREAS, a portion of Tax Lot 2100 situated in Section 23, Township 14S, Range 9E,
Willamette Meridian, with the assigned address 70350 Brooks Scanlon Logging Road, Sisters,
encompasses 80 acres of a 630 -acre parcel ("subject property") and is designated Surfacing Mining, SM,
under the Deschutes County Comprehensive Plan; and
WHEREAS, the subject property is listed as Site No. 315 on the County's inventory of mineral
and aggregate resource sites, as set forth in Exhibit "G" to Ordinance No. 90-025; and
WHEREAS, Peter W. Stott has proposed a Plan Amendment to PL -20, the Deschutes County
Year 2000 Comprehensive Plan, File No. PA -98-12, to adopt a revised ESEE Findings and Decision for
the subject property for the purposes of recognizing surrounding conflicting uses and assessing the value
of the subject property in relation to the County's alternative sources of aggregate; and
WHEREAS, after notice was given and hearing conducted on June 3, 1999 in accordance with
applicable law, the Deschutes County Board of Commissioners has approved the proposed Plan
Amendment to PL -20; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS, as follows:
Section 1. AMENDMENT. The Resource Element of PL -20, the Deschutes County Year 2000
Comprehensive Plan, is amended to replace the ESEE Findings and Decision set forth in Appendix "A"
to Ordinance No. 90-025 for the subject property, listed as Site No. 315 on the County's inventory of
mineral and aggregate resource sites, with a revised ESEE Findings and Decision as set forth in Exhibit
"A," attached hereto and incorporated herein by reference.
Section 2. AMENDMENT. The County's Goal 5 Mineral and Aggregate Resource Site
Inventory, contained in PL -20, Deschutes County Year 2000 Comprehensive Plan, is amended to indicate
that the subject property contains 93,454 tons (about 72,000 cubic yards) of ODOT specification rock
suitable for highway projects, as set forth in Exhibit "B," attached hereto and incorporated herein by
reference.
Section 3. FINDINGS. The Board adopts the findings in the revised ESEE Findings and
Decision, referenced in Section 1 above, and the Decision of the Deschutes County Board of
Commissioners, attached hereto as Exhibit "C" and incorporated herein by reference, in support of its
decision.
PAGE 1 of 2 — ORDINANCE NO. 99-028 (10/13/99)
Section 4. 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 October, 1999.
ATTEST:
6J-K�
Recording Secretary
PAGE 2 of 2 — ORDINANCE NO. 99-028 (10/13/99)
BOARD OF COUNTY CO ISSIONERS OF
DESC1 UTES COUNTY, 9"GON
L.
T.N.`DeWOLF, Commissioner
e.Ac CWa&C-
DENNIS R. LUKE, Commissioner
EXHIBIT "A"
ESEE Findings and Decision
Site No. 315
Site No. 315, occupying Tax Lot 2100, in Township 14 South, Range 9 E.W.M.,
Section 23, came before the Board of Commissioners (Board) for hearing on August 10, 1989.
On October 10, 1989, the Board made a preliminary decision to place Site No. 315 on the
County's Goal 5 inventory. The preliminary decision was later ratified by the Board and Site
No. 315 was formally placed on the Goal 5 inventory. The County subsequently rezoned the
property to SM or Surface Mining.
On June 3, 1999, the Board conducted a subsequent hearing to determine whether the
subject site, listed on the County's inventory of aggregate sites, should be reclassified under the
County's Comprehensive Plan and zoning regulations as "F-1," Forest Use. For the reasons
given below, the Board determines that this site should be reclassified to F-1 and that the Goal 5
inventory be revised to reflect a smaller quantity of resource material at this site.
PRELIMINARY FINDINGS
Site No. 315 comprises approximately 80 acres of a 630 -acre parcel and is located about
one mile off Highway 20 southeast of Black Butte Ranch. Until recently, the site was owned by
Crown Pacific but was sold in 1997 when Crown sold some of its isolated holdings to allow
more intensive individual forest management operations on its non-contiguous timberland in
Deschutes County. Adjacent land is zoned F-1.
This site was identified as containing aggregate resources in the Deschutes County Goal 5
Aggregate inventory adopted by the Board on December 6, 1988. Based upon the site's
inclusion on that inventory, the site was zoned SM or Surface Mining under statewide planning
Goal 5. The original ESEE decision adopting the SM zone specifically restricted the use of the
aggregate to highway paving projects on U.S. Highway 20 only. No other use of the aggregate
from Site No. 315 is permitted under the adopted ESEE. Since the inclusion of the site on the
Goal 5 inventory, two significant changes have occurred. First, a more accurate inventory of the
site was conducted focusing on the quantity and quality of aggregate resource on the site suitable
for the restricted uses on Highway 20. Second, the County issued conditional use and site plan
approvals for surface mining operations on Site No. 441, located 3 miles south of Site No. 315.
Site No. 441 contains 17 million cubic yards of good quality aggregate and 150,000 cubic yards
of fair quality, representing 23% of the County's total aggregate.
APPLICABLE CRITERIA
Criteria applicable to this decision are Statewide Planning Goal 5, its implementing rule,
OAR 660-16-000, and the Deschutes County Year 2000 Comprehensive Plan, as amended,
regarding surface mining goals and policies and forest goals and policies.
PAGE 1 of 11 — EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
HEARING AND EXHIBITS
Prior to the hearings on this site in 1989 and 1999, staff reports were prepared setting
forth the site's aggregate resources and conflicting resource and use values. These documents
are included in the record developed as a part of the rezone and plan amendment hearings in
1999.
ESEE FINDINGS AND CONCLUSIONS
1. Inventory. The County's Goal 5 mineral and aggregate inventory established in 1989
indicates that the site has 750,000 cubic yards of sand and gravel meeting ODOT
specifications. However, this inventory calculation was premised on limited geotechnical
data. As a result of the 1999 hearings, the record for this site contains state of the art
information regarding the location, quality and quantity of the aggregate resource. The
record shows that the maximum amount of rock suitable for highway projects that meets
ODOT specifications would not exceed 93,454 tons (approximately 72,000 cubic yards).
This quantity calculation was prepared by computer generated models that accurately
calculated the volume of aggregate meeting ODOT specifications.
2. Site Characteristics. Site No. 315 is an existing gravel mine located roughly one mile
southwest of Highway 20 and southeast of Black Butte Ranch. The site is located within
the Deschutes National Forest and has an existing but inactive gravel pit in an active
logging area.
The site is densely forested by a mixture of old growth ponderosa pine, as well as
secondary growth and newly planted trees, except where there has been excavation. The
forest in the area is predominately ponderosa pine forest. Many of the newly planted
trees were planted by the Black Butte homeowners in cooperation with the Oregon
Department of Fish and Wildlife and the Forest Service to preserve the area as a
sanctuary for wildlife, including deer, great horned owls, red tailed and Cooper's hawks.
Directly to the east and south of the site is Deschutes National Forest Land. To the west
of the site is privately held forest land. Diagonally to the northwest, within 1500 feet, is
the southeast corner of the Black Butte Ranch resort development. Zoning maps show
that numerous home -sites in the Black Butte development fall within the one-half mile
impact area.
This site was previously operated as a borrow area for construction of Black Butte Ranch
and since then by the ranch for its own use. Portions of the site were mined in the 1970s
and 1980s. The site has not been mined since 1993.
PAGE 2 of 11— EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
3. Conflicts analysis.
(a) Goal 5 Conflicts
Resources
1. Wildlife habitat. The Department of Fish and Wildlife has determined that
this site lies within a deer use range with a high frequency of use.
Testimony of Black Butte Ranch also established that deer and other
wildlife use the area.
2. Scenic and open space values. The staff report found that the site has
scenic value.
3. Historical. The old Santiam Wagon Road runs close by this site. This
road is listed as a historical resource on the County's comprehensive plan.
Conflicts
Based upon the staff analysis of surface mining impacts on Goal 5 resources, the
Board finds the conflicts and impacts of surface mining at this site to be as
follows:
(1) Impacts on deer and other wildlife would include destruction of cover and
food sources by excavation, surface disturbance, adverse impacts on
forage from dust, interference with migration routes by surface disturbance
and construction of structures and access roads, and an increased risk of
being hit by trucks and other vehicles serving the mining site. The effect
would generally be to displace deer from such areas or to curtail their use
by deer.
(2) It appears that the Old Santiam Wagon Road runs through the middle of
the site. Conflicts with this historical site would come from excavation
and possible destruction of a portion of the historic wagon road.
(b) Land Use Conflicts.
Land Uses
Land uses and zoning at and surrounding the site are set forth in the staff report.
In summary, the site is surrounded on all sides by land zoned F-1. Directly to the
east and south of the site is Deschutes National Forest land. To the west and north
is privately held forest land. Diagonally to the northwest, within 1,500 feet, is the
southeast corner of Black Butte Ranch, which is zoned RR -10.
PAGE 3 of 11— EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
Conflicts
The Board finds that conflicts with the uses at the site and in the surrounding
zones would include:
At the site
There would be no conflicts at the site given that the site is zoned for surface
mining.
Surrounding zone (F-1)
(1) The impacts of noise (including heavy equipment, truck traffic, blasting,
processing, and drilling) on persons dwelling in or patronizing noise -
sensitive uses in the surrounding zoning. All uses in the surrounding
zones would be conflicting except utility uses, other mining uses, forest
product processing uses, landfills, personal use landing strips and race
tracks.
Existing residential development to the northwest in the Black Butte
development will likely be adversely affected by noise. Black Butte
residents testified that the noise from previous operations at Site No. 316
to the northwest were disruptive, even as far away as 1,500 feet.
(2) The impacts of dust on dust -sensitive uses. The Board finds that all
commercial, residential, park or community -type uses are dust -sensitive
uses due to the potential health impacts of dust on occupants and patrons
and the general nuisance associated with dust. The levels of conflict in
this regard would be similar to that set forth under noise impacts above.
In adoption of the original ESEE, neighbors testified that previous
operations at the site northwest of Black Butte Ranch created bothersome
dust conditions. Similar conditions would most likely be expected in this
case.
(3) The impact of truck traffic on roads and on public safety, particularly as
truck traffic affects the safety of residential neighborhoods and community
centers. Access to this site would be gained through the National Forest or
through the Black Butte development.
(4) The impact to aesthetic values, due to dust, physical scarring of the
landscape and the introduction of an industrial -type use into a rural setting.
This would affect primarily residential uses and park -type uses.
PAGE 4 of 11 — EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
The Board finds that the uses identified above as conflicting uses are conflicting
in that full protection of those uses would preclude zoning for surface mining or
place limitations on such mining.
4. Current Mining Use of Site. The Board finds that surface mining is a current or previous
use at the site and could possibly continue within any valid existing DOGAMI or County
permit area regardless of whether or not this site is zoned in the Goal 5 process.
Accordingly, the consequences of allowing mining to proceed on the site have occurred
or are already occurring and could possibly be allowed to occur until such time as
expansion of the site would be necessary. Therefore, the relevance of the ESEE
discussion below is primarily whether the site should continue to be zoned SM given the
revised inventory (decreased quantity of resource from 750,000 cubic yards to
approximately 72,000 cubic yards (93,454 tons)) and significant land use conflicts.
Resource Conflicts
Protection of Aggregate Resource
5. Economic Consequences. Economic consequences could be significant if they result in a
reduction in tourists who might be dissuaded from coming to the area if this site, along
with others, are developed in such a manner as to create large unsightly areas in the
county. This could be an important consequence, given the site's proximity to Black
Butte Ranch, which is a major resort area in the County. The site is within 1,500 feet of
the southeast corner of the Black Butte Ranch. Zoning maps show that numerous Black
Butte home sites fall within the one-half mile impact area.
6. Social Consequences. The Board finds that the social consequences of protecting the
mineral resource over the other natural resources would be negative. Surface mining
would have negative impacts on the wildlife attributes of the area. The Board finds that
while the impact of the surface mine would be reduced because of the small quantity of
resource, the impact on natural resources as discussed in Paragraphs 9 through 13 below
would not be mitigated. With respect to the historical wagon road, excavation would
impact the road and there would be negative social consequences in that a link to the past
would be lost. Further, outdoor recreational activities occurring in Black Butte Ranch
could be adversely affected by the surface mining operations.
7. Environmental Consequences. The Board finds that allowing surface mining activities
would have adverse environmental consequences on wildlife habitat. Surface mining
activities would reduce the available cover and forage at the site, which would cause
increased competition among deer for the remaining forage and cover. Some wildlife
would be forced to leave the area to find other food sources and cover, thus adding more
competition in other areas for these resources. Increased truck traffic associated with
mining activities could increase the mortality rate for the area's wildlife. Scenic views
would be adversely affected by fugitive dust and by possible increased destruction of
vegetation and changes in topography.
PAGE 5 of 11 — EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
In some cases, over the long term, surface mining can be beneficial to environmental
values in that it gives an opportunity for a site already desecrated by the actions of man or
otherwise lacking in natural values to be improved as part of the reclamation process.
There is no evidence to suggest that this is one of those instances. The area is natural in
appearance, except for the excavated area and is vegetated with ponderosa pine and
bitterbrush.
8. Energy Consequences. The Board finds that the energy consequences of protecting the
mineral resource over the other natural resources would be to increase the energy
consumption at the site due to fuel expenditures needed to run the heavy equipment to
extract the resource as well as the fuel expended in transportation of the product to its end
use. Such energy use would be bound to occur in any event. However, expending energy
to yield such a small quantity of aggregate may constitute an unjustified energy
expenditure. With the recent approval of mining operations on Site No. 441 in close
proximity to Highway 20 and other road systems, the Board finds generally that
preservation of this site is not needed and rezoning the site to F-1 would have the effect
of reducing overall energy consumption.
Protection of Goal 5 Resources
9. Economic Consequences. Protection of the wildlife, scenic, and recreational resources
would preclude or limit mining at the site.
The Board finds that, as reflected in the goals and policies of the County comprehensive
plan, the County consumes 2 million cubic yards of aggregate materials each year. Under
the laws of supply and demand, failure to protect sufficient amounts of aggregate for the
20 -year planning cycle will result in an increased cost in aggregate resources. Increases
in aggregate costs would in turn result in increased construction costs. To the extent that
aggregate would need to be hauled in from outside the area, the cost of aggregate would
be increased by haulage costs, which the Board finds to be at a rate of $0.22 per ton mile.
The Board finds there to be a total of 73,538,000 cubic yards of sand, gravel and rock in
the County, accounting for the inventoried amount of sand, gravel and rock and the
amount of those materials located at sites within the urban growth boundary. The Board
finds that 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 or other conflicts, the County would not have preserved sufficient aggregate to
meet its needs. The Board finds, however, that this particular site is not essential to
meeting the County's aggregate needs. With the recent approval of Site No. 441,
containing 17 million cubic yards of good quality aggregate, the 93,454 tons
(approximately 72,000 cubic yards) available at Site No. 315 are not presently needed to
meet the County's needs.
In addition, costs of transportation within the county is an important factor. Preservation
of the aggregate resource at this particular site is comparable to Site No. 441 from a
transportation perspective. Site No. 441 is located just 3 miles south of Site No. 315.
PAGE 6 of 11 — EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
Transportation costs for aggregate are $0.22 per ton mile. Given the cost of aggregate,
such transportation costs can double the price of aggregate if aggregate must be hauled 10
to 15 miles from its point of use. The Board finds that while this site is located close to
Highway 20, Site No. 441 is also located in close proximity to Highway 20 and can be
used for aggregate material on such jobs at a savings in cost over material that would
have to be hauled from further away.
Finally, the Board finds that the economic impacts of failure to preserve sufficient
aggregate reserves are not readily mitigated. As with any mineral resource, aggregate is
locationally dependent. It is a finite resource and new sources of supply cannot be
created by man. Because there are adequate supplies of aggregate along Highway 20 in
the County without Site No. 315, the economic consequences of the requested zone
change are mitigated.
10. Social Consequences. Preserving the natural resources at the site could have negative
effects on the general welfare of the County if insufficient amounts of aggregate are
preserved. There will always be a demand for aggregate resources. Roads and highways
in the area would still need improvement and maintenance. A deterioration of the
County's roads and streets would negatively impact the livability and quality of life in
Deschutes County. The Board also recognizes the social consequences of increased
building costs that can result from a shortage of readily available aggregate.
11. Environmental Consequences. Protection of the natural resources could preclude mining
at the site or limit such activity. The noise, dust, traffic, human presence, scarring of the
landscape and disruption of habitat and food sources associated with surface mining is
inimical to the protection of wildlife values. Therefore, protection of the natural
resources by precluding or limiting mining would have positive environmental
consequences. As with the mineral resource, wildlife resources are often limited by
locational factors. Wildlife habitat is continually shrinking in the face of increased
development and cannot be replaced.
12. Energy Consequences. As mentioned above, the energy consequences of protecting the
natural resource values of this site and others like it close to market areas would likely
involve increased haulage distances if another adequate resource site was not similarly
situated. Because Site No. 441 is similarly situated to Site No. 315, the Board finds that
protection of natural resource values at the site would have no meaningful energy
consequences.
13. Relative Values of the Conflicting Resources. The Board finds that, based upon the
ESEE consequences discussed above, the preservation of the natural resources outweigh
the relative unimportance of the aggregate resource. This finding is based upon the
following facts:
(a) Adequate local supplies of aggregate are important to the Deschutes County
economy.
PAGE 7 of 11 — EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
(b) Considering the quantity, quality, and location of this site in close proximity to
Site No. 441 and the cost of transporting aggregate, this is not a significant
aggregate deposit.
(c) This site is an historic mining site that has not been mined since 1993 and has
now been fully reclaimed.
(d) Deer habitat is continually shrinking in the face of new development and cannot
be replaced.
(e) Historical resources such as the Santiam wagon road are unique and irreplaceable.
Therefore, the Board finds that the conflicting natural resources should be protected.
Accordingly, the Board finds that protection of the natural resources shall prevail.
Conflicting Uses
Protection of Mineral Resource
14. Economic Consequences. The economic consequences of protecting the aggregate
resource relates to the impacts of surface mining on adjacent uses, the value of aggregate
as a commercial commodity and the impacts of protecting employment in the mining
industry and the development opportunities foregone by development of the site.
While the 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 indicates that there were 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. However, unlike these typical situations, this site is located
adjacent to one of the county's premier destination resorts that provides significant
revenues in local governments with limited public expense for roads, schools or law
enforcement.
Tourism and recreation are increasingly important to the economy of Deschutes County,
and the mining impacts of this site, in close proximity to an established destination resort,
could adversely effect that sector.
Allowing surface mining activities at this site could have some short-term negative
impacts on the ability to utilize this property for other uses. Since the adoption of Site
No. 315 on the County's inventory, recreational resources have become more important
in this area while the supply of aggregate resources on the site has become less important.
While surface mining is a transitional use, the low quantity of the resource and high cost
of production justify a return of the SM zone to its former F-1 designation.
15. 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
PAGE 8 of 11 — EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
uses in the area. The negative impacts of noise, fugitive dust emissions, and increased
truck traffic would adversely impact the livability, scenic quality and compatibility of
other uses in the vicinity of the project. Such impacts may be partially mitigated through
environmental controls on the mining operation.
16. Energy Consequences. The Board finds that preserving this site for the production of
minerals would have overall negative energy consequences. As stated above, the energy
consumed on site by mining equipment is not justified by the small amount of aggregate
produced, given Site No. 441's production capability.
17. Environmental Consequences. The Board finds that protecting the site for mining would
have the same environmental consequences set forth under Paragraph 7 above.
Protection of Conflicting Land Uses
18. Economic Consequences. Most of the uses in the surrounding zoning designations are
classed as noise sensitive uses for purposes of DEQ noise regulations. In addition,
conflicts arise due to the impacts of dust and changes in the landscape. Protection of
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 Site No. 308 and Site Nos.
441-443) would not significantly impact the total supply of aggregate in Deschutes
County, if every site with conflicting uses were eliminated for that reason, Deschutes
County would be unable to meet its aggregate needs. Almost every 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 aggregate needs. However, at 93,454
tons (approximately 72,000 cubic yards), this site is amongst the smallest in the County.
In addition, there is no economic consequence from failing to protect this source of
aggregate because other sources are located close to their points of use. In this case, Site
No. 441 shares the same proximity to Highway 20 construction projects.
19. Social Consequences. The Board 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 natural resource discussion above.
20. Environmental Consequences. The environmental consequences of protecting
surrounding land uses is positive. 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. Redesignating the site from SM to F-1 will preserve the site for appropriate
forest and recreational uses consistent with the surrounding zoning. Thus, rezoning the
site will have a positive impact on wildlife habitat, preserving the overall supply of food
PAGE 9 of 11— EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
and cover and decreasing competition for adjoining undeveloped habitat. Likewise,
scenic values will be positively affected by decreased mining development.
21. Energy Consequences. The proposed F-1 zone will preclude mining at this site, reducing
energy consumption. Needed mineral and aggregate resources will come from other
nearby sites located in close proximity to Highway 20 paving projects.
22. Relative Values of Aggregate Use and Conflicting Uses. Based upon the analysis of the
ESEE consequences of protecting the identified conflicting uses and protecting the
mineral resource and the relative weight of the conflicting uses and the mineral resource,
the Board finds that with respect to existing development, the mineral resource value is
outweighed by the conflicting resources. This finding is based upon the following facts:
(a) Adequate local supplies of aggregate materials are important to the economy of
Deschutes County;
(b) The limited size and quality of this deposit make it an inferior aggregate resource.
(c) Another more valuable and suitable aggregate site is located close to Highway 20
and is currently used in highway construction projects. This is an important factor
given the $0.22 per ton mile cost for hauling aggregate.
(d) The Black Butte Ranch development is a well established residential and resort
community occupied by full or part time residents and many visitors and tourists.
That development has been carefully planned to provide recreational and scenic
amenities. Property owners and visitors use the resort to enjoy its amenities, and
location with quality expectations of life.
(e) Resort areas such as Black Butte Ranch are important to the Deschutes County
economy.
Accordingly, the Board finds that Site No. 315 is no longer needed as an aggregate source
in the County and the existing conflicting uses surrounding the site outweigh any energy,
environmental or social benefit of preserving the small amount of resource at the site.
The F-1 zone on the property will be consistent with the surrounding zoning designations
and ensure that positive social, economic, environmental and energy consequences will
result from the redesignation.
PROGRAM TO MEET THE GOAL
23. The Board finds that in order to protect both the aggregate resource and the conflicting
resources and uses, the existing SM zoning should be changed to F-1.
(a) Site No. 315 is limited by the original ESEE to maintenance projects on Highway
20.
PAGE 10 of 11 — EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
Geotechnical evidence demonstrates that there are only 93,454 tons
(approximately 72,000 cubic yards) of aggregate suitable for the prescribed
purpose.
Site No. 315 is therefore not needed to accommodate the County's aggregate
needs.
(d) Reclamation of the site has been completed pursuant to DOGAMI review and
approval.
(e) The site shall be rezoned to F-1.
Conflicting Resources
24. The Board finds that surface mining use of the site significantly conflicts with natural
resource considerations in the area. Redesignating the site to F-1 will eliminate these
conflicts and make the site consistent with the surrounding land use pattern. The Board
finds that such redesignation will not prevent the County from achieving its goal of
preserving sufficient mineral and aggregate resources to meet demand over the long term.
Mineral Resource
25. The Board will adequately and appropriately protect the mineral or aggregate resource by
rezoning the site F -l. Site No. 315 contains 93,454 tons (approximately 72,000 cubic
yards) of aggregate. The Board finds that other significant aggregate resources are
located in the County which are adequate to serve the County's aggregate needs. In
particular, Site No. 441, located just 3 miles south of Site No. 315, contains 17 million
cubic yards of aggregate, 23% of the County's total supply. Such aggregate is located in
close proximity to Highway 20 and is suitable for highway paving projects. Site No. 315
is therefore not necessary or essential to the County. Rezoning the site to F-1 complies
with the goal of protection of sufficient mineral or aggregate resources to meet the
County's mineral or aggregate needs.
26. The Board finds that, in combination with the action taken on other aggregate sites,
zoning the site for forest uses and thereby eliminating conflicting land uses, serves the
County's goal of preserving sufficient aggregate resources to meet the needs of the
County.
Land Uses
Existing conflicting land uses, including residential uses and recreational uses, are
protected by rezoning the property to F-1 allowing appropriate forest and recreational
uses consistent with the surrounding zoning and land uses.
PAGE 11 of 11 — EXHIBIT "A" TO ORDINANCE NO. 99-028 (10/13/99)
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EXHIBIT "C"
DECISION OF THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
FILE NUMBERS: PA-98-12/ZC-98-6
APPLICANT/ Peter W. Stott
PROPERTY OWNER: 121 SW Morrison Street, Suite 1300
Portland, OR 97204
ATTORNEY: Nancy Craven
Ball Janik LLP
101 SW Main Street, Suite 1100
Portland, OR 97204
REQUEST: The Applicant is requesting review and reversal of the Hearings Officer's
decision on a proposed plan amendment and zone change from surface
mining (SM) to Forest Use (F-1) for 80 acres of a 630 acre parcel located
near Black Butte Ranch northwest of Sisters.
STAFF CONTACT: Barbara J. Rich, Associate Planner
HEARING DATES: June 3, 1999 and June 28, 1999
I. APPLICABLE STANDARDS AND CRITERIA
A. Title 18 of the Deschutes County Code, County Zoning
1. Chapter 18.04, Title, Purpose and Definitions
* Section 18.04.395, Definition — Exploration (for minerals)
2. Chapter 18.36, Forest Use (F-1) Zone
* Section 18.36.020, Uses permitted outright
3. Chapter 18.52, Surface Mining Zone (SM)
* Section 18.52.200, Termination of the surface mining zoning
4. Chapter 18.136, Amendments
* Section 18.136.020, Rezoning standards
B. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.24, Land Use Action Hearings
* Section 22.24.140, Continuances or record extensions
C. The Deschutes County Year 2000 Comprehensive Plan
Peter Stott Exhibit C
PA-98-12/ZC-98-6
Page 1 Page of
Ordinance q - o20
D. Oregon Administrative Rules, Chapter 660
Division 12, Transportation Planning
Division 15, Statewide Planning Goals and Guidelines
Division 23, Procedures and Requirements for Complying with Goal 5
II. BASIC FINDINGS:
A. LOCATION: The subject property (hereinafter "Site") consists of 80 acres of a 630 acre parcel
with the assigned address of 70350 Brooks Scanlon Logging Road, Sisters. The 630 acre parcel
is identified as Tax Lot 2100 on Deschutes County Assessors Map No. 14-09 and is located five
miles northwest of Sisters, one mile south of U.S. Highway 20, and approximately 550 feet south
of the southeast corner of Black Butte Ranch.
B. ZONING AND PLAN DESIGNATION: The Site is designated Surface Mining on the
Comprehensive Plan Map, zoned SM and is identified as Surface Mining Site 315 on the
County's Goal 5 inventory of mineral and aggregate resource sites.
C. SITE DESCRIPTION: The Site is 80 acres in size. Approximately 25 acres of the Site consist
of a fully reclaimed and closed gravel mine. It has recently been revegetated. The mining area
consisted of approximately 19 acres in the northern half of the Site and approximately seven
acres in the southern half of the Site. The remainder of the Site consists of mixed age Ponderosa
Pine forest similar to the remainder of Tax Lot 2100. U.S. Forest Service Road 300 crosses the
Site from east to west. The county has approved a forest management plan for the Site and the
Site is currently under forest management.
D. SURROUNDING ZONING AND LAND USE: The Site is surrounded on the north, south and
east by the remainder of Tax Lot 2100 zoned F-1. The property to the west is U.S. Forest Service
land, also zoned F-1. Approximately 550 feet north of the Site is the southeast corner of Black
Butte Ranch. This development consists of lots zoned Rural Residential (RR10) and developed
as single family and multi -family dwellings with recreational amenities including two golf
courses.
E. PROCEDURAL HISTORY: The record indicates Tax Lot 2100 has received several previous
county land use approvals and state agency approvals. The surface mine on the Site received its
first permit from the Oregon Department of Geology and Mineral Industries (DOGAMI) in 1977.
The Site was placed on the county's inventory of significant aggregate sites as SM Site 315 in
1988. In August of 1992, an administrative decision was issued approving a forest management
plan to establish a forest management dwelling on the property (FM -92-9). This approval was
extended administratively to August 1994 (E-93-36). A manufactured home placement permit
was issued in 1994 for a forest manager's dwelling which was placed on Tax Lot 2100 north of
the Site.
A separate plan amendment and zone change application was submitted on December 11, 1998
and was accepted by the County as complete on January 8, 1999. Under ORS 215.428(6), plan
amendments are not subject to the 150 time period for issuance of a final local land use decision.
ORS 660-023-0180(4) provides that local government post acknowledgment plan amendment
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Ordinance 94'102-8 -
decisions concerning significant aggregate sites must be issued within 180 days of the date the
application is complete.
A public hearing on the application was held on February 16, 1999. At the hearing the Hearings
Officer received testimony and evidence, left the written record open to February 23, 1999, for
the submission of additional material by the applicant, allowed staff through March 2, 1999 for
final comment, and allowed the applicant through March 9, 1999 to submit final arguments
pursuant to ORS 197.763. The record closed on March 9, 1999. Section 22.28.050 of the
Deschutes County Code allows the Board of County Commissioners to call up a Hearings
Officer's decision for hearing before the Board. The Board agreed to call the decision up for
review through Order No. 99-092 on May 6, 1999. The hearing before the Board of County
Commissioners was held on June 3, 1999 and continued until June 28, 1999. The review period
was tolled during that time. Therefore, the 180 -day review period for the plan amendment ended
on August 1, 1999. The applicant and County staff agreed to work together to develop the
appropriate documents to complete the plan amendment and zone change. The County received
the first draft of the necessary materials from the applicant on August 31, 1999 and the revised
documents on September 15, 1999.
F. PROPOSAL: The applicant is requesting approval to remove the Site from the County's
inventory of significant mineral and aggregate resources through a plan amendment and zone
change from SM to F-1. The applicant has fully reclaimed the Site and intends to manage it for
timber protection in conjunction with the remainder of Tax Lot 2100.
G. PUBLIC/PRIVATE AGENCY COMMENTS: The Planning Division sent written notice of
the applicant's proposal to a number of public and private agencies and received responses from
the Deschutes County Road Department, DOGAMI and the Oregon Department of
Transportation. These comments are included in the record and are addressed in the findings
below.
H. PUBLIC NOTICE AND COMMENTS: The Planning Division mailed individual written
notice of the applicant's proposal to the owners of record of all properties located within 500 feet
of Tax Lot 2100 (within 2,640 feet of the Site). In addition, notice of the public hearing was
published in the Bend Bulletin newspaper and the subject property was posted with a notice of
proposed land use action sign. As of the date the record closed, the County had received one
letter from the Black Butte Ranch Homeowners Association in response to the notices. The
Black Butte Ranch Homeowners Association supports the rezone and Comprehensive Plan
Amendment request. The only persons testifying at the public hearing were the applicant's
attorney and engineer.
III. CONCLUSIONS OF LAW:
A. CHAPTER 18.136, AMENDMENTS
1. Section 18.136.020, Rezoning standards.
FINDING: Under Section 18.136.020, the applicant for a quasi-judicial rezoning must establish
that the public interest is best served by rezoning the property. Factors to be demonstrated by the
Peter Stott C—
PA-98-12/ZC-98-6 Exhibit
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Ordinance 94- 021
applicant include that the change conforms with the Comprehensive Plan, and is consistent with
the Plan's introductory statement and goals, that the change is consistent with the purpose and
intent of the proposed zone classification, that changing the zoning will presently serve the public
health, safety and welfare and that there has been a change in circumstance since the property
was last zoned or a mistake was made in the zoning of the property in question.
DCC§ 18.136.020. D. That there has been a change M circumstances since the
property was last zoned, ora mistake was made M the zoning of the property in question.
FINDING: The record demonstrates and the Board finds that there has been a change in
circumstances since the property was last zoned. The original ESEE for this Site limited the use
of the aggregate produced from the Site to Highway 20 paving projects. No other use of the
aggregate is permitted under the existing ESEE. The Hickman, Williams & Associates Report
shows that there is less than 100,000 tons of material meeting ODOT specifications remaining on
the Site for these purposes. The County's aggregate inventory indicates that when this Site was
placed on the inventory it contained about 750,000 cubic yards. There is no technical data
supporting this number. Without determining whether this original calculation was a mistake, it
undoubtedly represents a change in circumstance that there has been a significant reduction in the
calculation of aggregate available on the Site.
Based on the location and distribution of the aggregate resource on the Site, the operator will
have to remove approximately 123,000 cubic yards of overburden in order to remove the
aggregate resource on the Site. This will require the removal of the ponderosa pine forest that
covers the Site. Mining this limited quantity will also require the excavation and screening of an
estimated 515,000 cubic yards of pit -run gravel. Based on hauling and processing costs, the
aggregate will cost $15.66 per ton to produce, or about double the local commercial rate. The
record also demonstrates that the Site has not been mined since 1993 and that there are at least
three other sites (Site Nos. 441, 442 and 443) in close proximity to this Site that together contain
enough aggregate to meet the County's aggregate needs over the next 75 years. These factors,
together with the other ESEE factors already discussed in the record, demonstrate that the
environmental, energy, economic and social consequences associated with continued mining on
the Site far outweigh the value of the remaining resource on the Site.
To assess the economic viability of the mining site, the Site was compared to other aggregate
sources in the area. Site No. 441 is the single largest aggregate resource site in Deschutes County
and is located in the immediate vicinity of Sisters along the McKenzie Highway. It was approved
for operation in 1995, subsequent to the adoption of the original county -wide inventory. The
ESEE analysis for Site No. 441 was completed in June, 1990 and adopted as part of the
Deschutes County Year 2000 Comprehensive Plan by the Board in Appendix A of Ordinance 90-
029. During the approvals for Site No. 441 it was determined on the basis of site-specific
geotechnical evidence that it contained 5 million cubic yards of aggregate. It is the largest
approved site in the county. It also has approved conditional use permits for an asphalt batch
plant and crusher for processing at the site. In recent years, Site No. 441 has been used for
Santiam and McKenzie Highway construction projects. In the ESEE analysis for Site No. 441,
the Board found that there was "a total of 73,538,000 cubic yards of sand, gravel, and rock in the
County ... [Site No. 441 ] constitutes 23% of that total." The Board therefore concluded that
Site 441 "is essential to meeting the County's aggregate needs."
Peter Stott C
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Ordinance 99-028
The operator at Site No. 441 is able to crush and process rock on-site and is accordingly able to
sell state specification 3/4" - minus for less than Site No. 315. Site No. 441 is located just 3 miles
south of Site No. 315 and is therefore close to nearby highway construction projects. This
proximity, together with the lower price per cubic yard, puts Site No. 441 at a significant
competitive advantage over Site No. 315 and renders the mining operation on Site No. 315
economically infeasible. Consistent with this market condition, Site No. 315 has not been
utilized as an active mining operation since 1993. Further, since this Site is limited by its ESEE
to only Highway 20 projects, it will not be able to compete for an MOT bid with Site No. 441.
The Board finds that the presence of Site No. 441 to the County's inventory and the economic
impact of permitting the mining operations on that site represents an additional change in
circumstances that has contributed both to the failing economics of Site No. 315 and the relative
insignificant of the aggregate resource. The Board finds that the limited aggregate resource on
the Site suitable for major highway projects does not justify any further mining of the Site.
The Board accordingly finds that there has been a change in circumstances since the original
inclusion of the subject Site on the inventory.
PCC§ 18.136.010A. That the change conforms with the Comprehensive Plan, and
the chouge is consistent with the plan's introductorystatement and goals [Plan teat is
shown is quotes].
"To protect and utilize appropriately, within the framework
established by Statewide Land Use Planning Goal 5 and its implementing
administrative rules, the mineral and aggregate resources of Deschutes
County, while minimizing the adverse impacts of mineral and aggregate
extraction and processing upon the resource impact area."
FINDING: The Board finds that rezoning the Site is consistent with this Goal for several
reasons. First, the goal is to protect and utilize appropriately the mineral and aggregate resources
of Deschutes County. Because of the low quality and quantity of aggregate resource remaining
on the Site, rezoning to allow uses consistent with the surrounding area is appropriate. It is
evident from the economic analysis summarized above that an operator of the Site would not be
able to provide aggregate for the intended purpose at a competitive rate. The Site has therefore
been fully reclaimed under a DOGAI& approved reclamation plan. The Board finds that
rezoning the Site will reflect appropriate utilization of the resource while minimizing the
identified adverse impacts upon the area in compliance with this goal. Finally, leaving the Site
on the County's inventory, even though diminished in value, the County will recognize the
remaining resource.
"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." (Policy #6).
FINDING: The Board finds that approval of the rezone request to F-1 reflects a balanced
consideration of the remaining aggregate resource and the conflicting uses in close proximity to
the Site. The Site is located directly adjacent to recreational resources at Black Butte Ranch.
Peter Stott
PA-98-12/ZC-98-6
Page 5
Exhibit C
Page 5 of 1,1
Ordinance 99-O2a
Even if the owner of the Site could mine and crush the remaining aggregate in an economically
viable fashion, mining and crushing the remaining aggregate may cause conflicts with nearby
resources and uses without adequate supply or economic justifications as specifically recognized
in the foregoing findings. A site is zoned SM only if the ESEE process "results in a
determination that the resource is of sufficient importance relative to conflicting resources and
uses, if any, to require protection." Relative to conflicting resources and uses, the Herbert Report
and Bussard Report demonstrate that the Site is no longer of sufficient importance to the County
to justify the impacts on conflicting resources. The Board finds that the Site should therefore be
rezoned to better balance the value of the remaining resource and the recognized conflicting uses.
"Sufficient SM (Surface Mining) zoning shall be maintained by
the County to satisfy, at a minimum, the demand for mineral and
aggregate resources of the County as reflected by the data contained in
the Comprehensive Plan. The County shall not deny SM zoning for any
mineral and aggregate resource site for the sole reason that the demand
of the County for that resource has been satisfied by the SM zoning of
other sites"
FINDING: The Board finds that the County has adequate SM zoned sites to meet the demand
for aggregate resources in the County. Subsequent to the adoption of this Site on the inventory,
the County approved mining operations at Site No. 441. The mining operation on Site No. 441
encompasses 400 acres and the mine is slated to produce 150,000 to 200,000 cubic yards of
aggregate annually. In contrast to Site No. 441, the County found that Site No. 315 "standing
alone is not essential to meeting the County's aggregate needs." (ESEE Decision -Site No. 315,
page 6.) This policy directs the County not to deny SM zoning for properties based on relative
significance to other sites. It does not preclude the County from considering relative significance
and resource conflicts when determining whether a site should be rezoned from SM to some
other zone designation.
The County finds that with the addition of Site No. 441 to the inventory, the number of mining
sites operating in the County is more than sufficient to satisfy the demand for mineral and
aggregate resources, particularly in the immediate vicinity of the subject Site and Highway 20.
Therefore, it is not necessary to maintain the SM zoning designation.
"To satisfy the recreational needs of the residents of and visitors
to Deschutes County."
FINDING: The Board finds that since this Site was zoned SM, recreation has significantly
increased in importance to the County's economy. Indeed, the Comprehensive Plan notes that
tourism and recreation are second only to forestry in the County's economic forecast.
(Comprehensive Plan at 16.) The increase in population and tourism in the area creates an even
greater potential for conflict between mining at the Site and nearby recreational and residential
uses. Black Butte Ranch, an important recreational and residential resource, is immediately
adjacent to the Site. Several homes on the ranch are less than one-half mile away from the Site.
Furthermore, the Metolius-Windigo Horse Trail cuts through the northwest comer of the
property, in close proximity to the mining pit. The Graham Corral horse camp is also adjacent to
the Site.
Peter Stott C
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99-9Z5
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Ordinance
Many of these potential conflicts existed at the time the Site was originally placed on the
inventory. However, at that time, the availability of other significant aggregate resources was
questionable. While the County recognized the conflicts between surface mining and recreational
resources on the Site, it was hesitant to place the property in a zone other than SM or to remove it
from the inventory because of the lack of valuable aggregate sites in the area. Circumstances
have now substantially changed. Not only have the conflicts increased due to an increase in
recreational uses in the area, but concerns about meeting the County's aggregate needs have also
decreased due to the presence of significant permitted sites in Deschutes County, such as Site No.
441. The Board finds that a rezone would serve the County's recreational goals without
detracting from the County's supply of aggregate resource in compliance with this Goal.
"To conserve forest lands for forest uses."
FINDING: The Board finds and the record demonstrates that the 630 -acre property (of which
the 80 -acre site is a part) is forest land. It is a ponderosa pine timber stand with an uneven aged
forest. Mature and overmature trees (estimated at about 2000 board feet per acre) are located on
the property along with a variety of younger trees ranging in age and size from seedlings to
merchantable second -growth stems. The property has a Comprehensive Plan and zone
designation of Forest (F-1), except for the 80 -acre portion near the northwest corner designated
SM. The 80 -acre area contains an old historic gravel pit that is not currently in use. The gravel
pit covers approximately 30 acres within the 80 -acre area and much of the mined area has been
reclaimed. The remainder of the 80 acres has not been used for surface mining and is currently
managed for its timber resource.
The property was sold in 1997 by Crown to allow more intensive individual forest management
operations on its non-contiguous timberland holdings in Deschutes County. The record shows
that in 1992, the 630 acre parcel obtained approval of a forest management plan which provided
for intensive management of the timber resource and a forest management dwelling to fulfill the
forest management objectives (FM -92-9).
The Board finds that rezoning the property to F-1 will formally recognize the forest resources on
site and tender the zone consistent with prior approvals for forest use of the property in
furtherance of this Goal.
DCC §18.136.020 B. That the change in classif:cation for the subject property is
consistent with the purpose of the proposed zone classification.
FINDING: The purpose of the F-1 Zone is to "conserve forest lands." Pursuant to the zone
change, the land would be put to forest use in accordance with an F-1 zoning designation. Such
use would be consistent with the surrounding F-1 land within the Applicant's parcel. The
remaining 540 acres of Applicant's property is zoned F-1 and the property is bordered on three
sides by National Forest land. Thus, the Board finds that the F-1 zone designation is compatible
with the surrounding land use pattern as well as the purpose and intent of the F-1 zone.
Peter Stott G
PA-98-12/ZC-98-6 Exhibit
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Ordinance 99 -02-6
DCC § 18.136.020 C. That changing the zoning will presently serve the public health,
safety and welfare considering the following factors:
1. The availability and efficiency of providing necessary public services and facilities.
2. The impacts on surrounding land use will be consistent with the specific goals and
policies contained within the Comprehensive Plan.
FINDING: Based on these factors, the Board finds that rezoning the property to F-1 will serve
the public health, safety and welfare. Changing the classification to F-1 will not require any
additional public services or facilities for the property. The property is currently accessed by
several USFS roads, and it will not be necessary to add additional roads or other public services
or facilities subsequent to the redesignation. The parcel in which the Site is located has an
approved forest management plan. Under that approved plan, all needed facilities are being
provided to the site.
Further, rezoning the property to F-1 will be consistent with the goals and policies of the
Comprehensive Plan as discussed above. The 80 -acre SM -zoned site is completely surrounded
by forest and recreational uses. All of the surrounding land is zoned for forest use. Black Butte
Ranch is zoned RR -10, lies approximately 500 feet from the site to the northwest, and is used
primarily for recreational and residential uses. The site itself has been used for commercial
forestry for several years, and the remainder of the Applicant's parcel as well as surrounding
USFS lands are dedicated primarily to forest uses.
The County's aggregate inventory notes the negative impacts of surface mining on adjacent land:
(1) Noise from operation of heavy equipment, trucks and processing equipment;
(2) Fugitive dust associated with the excavation of the mineral resource, the stockpiling of
mineral resources, the transport of excavated mineral resources and the operation of
processing equipment;
(3) Changes in topography and physical scarring of the landscape, including removal of
vegetation, that are visible from off-site.
(4) Increases in truck traffic on roads leading to the Site; and
(5) Increased human presence. (Ordinance No. 90-025)
The Board finds that continued mining of this Site could interfere with recreational and scenic
values. The noise and dust from a mining operation could interfere with recreational uses and
forest operations of the adjacent National Forest and nearby Black Butte Ranch. Furthermore,
increased truck traffic from surface mining of this Site could impact traffic flows along Highway
20 and negatively impact tourist traffic to Black Butte Ranch and Sisters. In comparison, using
the land for forest uses would be consistent with the surrounding F-1 and nearby RR -10 zones,
and would eliminate many of the potential conflicts in compliance with criteria.
2. Compliance With Statewide Planning Goals
FINDING: The Board finds that the zone change and comprehensive plan amendment complies
with the applicable Statewide Planning Goals. ORS 197.250 requires that all comprehensive
Peter Stott 21
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Page 8 page --- of /2 -
Ordinance "�Z
plans comply with the statewide planning goals adopted by the Land Conservation and
Development Commission in OAR 660-015-0000 through OAR 660-015-0010. Goals 1, 2, 4, 5,
6, and 8 and 12 are applicable to this rezone application.
Goal 1: Citizen Involvement Goal 1 calls for "the opportunity for citizens to be involved in all
phases of the planning process." The goal requires each city and county to have a citizen
involvement program involving a cross-section of affected citizens in all phases of the planning
process. The goal focuses on six aspects of citizen participation in planning: basic citizen
involvement, effective two-way communication between citizens and local governments,
adequate opportunity for citizen influence at all phases of planning, availability of technical
information in an understandable form for interested citizens, reasonable feedback mechanisms to
provide responses from policy makers, and adequate funding for the citizen involvement
program. The process by which the Applicant is pursuing the requested zone change and
comprehensive plan amendment complies with Goal 1 and promotes citizen involvement in all
phases of the planning process. The Deschutes County Comprehensive Plan and the County
Development Code specifically address the mandates of Goal 1, and the Applicant has taken
notice of and abided by all necessary procedures in this application process. The Board finds that
the request complies with Goal 1.
Goal 2: Land Use Planning Goal 2 outlines the basic procedures of Oregon's statewide
planning program. The goal mandates that local governments make land use decisions in
accordance with a comprehensive plan and suitable land use ordinances. Pursuant to the
requirements of Goal 2, Deschutes County developed a comprehensive land use plan which
identifies issues and problems, inventories necessary factual information for each applicable
statewide planning goal, and evaluates alternative courses of action and ultimate policy choices
by considering social, economic, energy, and environmental needs. The plan and its
implementing ordinance and supporting documents are filed and easily accessible to the public.
The Board finds that the request for a zone change and comprehensive plan amendment was
made pursuant to the requirements and policies of the County land use plans. The Applicant has
worked within the approved land use structure in Deschutes County and has identified all
relevant provisions of the comprehensive plan and development code. By identifying the
applicable provisions of the land use plans and presenting evidence showing how the rezone and
remapping will satisfy the local land use requirements, the Applicant has ensured that this
application promotes the objectives of Goal 2.
Goal 4: Forest Lands Goal 4 focuses on conserving forest lands by maintaining the forest land
base, protecting the state's forest economy by making economically efficient forest practices
possible, and providing for recreational opportunities and agriculture. When implementing Goal
4, local governments are to zone forest land in a way which will limit uses that may have
significant adverse effects on forest land, operations, and practices. The applicant's request for a
zone change from SM to F-1 promotes the objectives of Goal 4 by transferring the 80 -acre site to
a zone which will recognize and protect the extensive forest resources on site.
Goal 5: Natural Resources, Scenic & Historic Areas, and Open Spaces Goal 5 was adopted
to protect natural resources and conserve scenic and historic areas and open spaces. Under Goal
5, the County was required to inventory its mineral and aggregate resources. As discussed
extensively above, the Board fmds that the Site should remain on the inventory. However,
Peter Stott C/
PA-98-12/ZC-99-6 Exhibit
Page 9 Page —_ o{ 12 -
Ordinance 99'026
pursuant to OAR 660-023-0040(5)(c) a local government may decide, as in this case, that
conflicting uses outweigh the importance of the resource. Therefore, rezoning the Site to F- I is
consistent with Goal 5.
Goal 6: Air, Water, and Land Resources Quality Goal 6 was designed to maintain and
improve the quality of the air, water and land resources of the state. The guidelines for Goal 6
state that "plans should buffer and separate those land uses which create or lead to conflicting
requirements and impacts upon the air, water or land resources." The applicant is requesting a
rezone which will buffer and separate conflicting land uses. The current SM zoning conflicts
with the surrounding zoning and land use patterns. The 80 -acre site is bordered on all sides by
properties zoned F-1. The uses intended for SM -zoned land conflict with the requirements for
the surrounding forest land and nearby recreational/residential property. The Board finds that the
rezone will promote the standards of Goal 6 by balancing the community's desires for a quality
environment and a healthy economy. Removing the land from the SM zone will improve the
quality of the air and land resources, both on the site itself and in the surrounding area by
removing the effects of mining a gravel pit in the midst of valuable recreational and forest lands.
The Site is not significant and is not necessary to meet the County's aggregate needs and it has
not been mined since 1993. Therefore, placing the land in the F-1 zone will not disrupt the local
economy but will allow the land to be used for the activity for which it is best suited: forest
practices.
Goal 8: Recreational Needs Goal 8 is focused on satisfying the recreational needs of the
citizens of the state and visitors, and, where appropriate, on providing for the citing of necessary
recreational facilities including destination resorts. While the 80 -acre site itself is not currently
used for recreational needs, the adjacent lands owned by Black Butte Ranch are located within an
important recreational community. As addressed above, the County's aggregate inventory notes
the negative impacts of surface mining on adjacent land, such as noise from the operation of
heavy equipment, fugitive dust associated with excavation of the mineral resource, increases in
truck traffic on roads leading to the Site, and physical scarring of the landscape. The Board finds
that the rezone from SM to F-1 will insure that Black Butte Ranch and the surrounding forest
lands remain an important recreational resource for residents and visitors in the area.
Goal 12: Transportation Goal 12 provides:
"Amendments to functional plans, acknowledged comprehensive
plans, and land use regulations which significantly affect a transportation
facili shall assure that allowed land uses are consistent with the
identified function, capacity, and level of service of that facility." OAR
660-012-0060(1). (Emphasis added).
A plan or land use regulation 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;
Peter Stott
PA-98-12/ZC-98-6 C,
Page 10 Exhibit
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Ordinance 99-oZ8
(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." OAR 660-
01200060 (2) (a) -(d).
The Board finds that this comprehensive plan amendment request only triggers the mitigation
requirements of Goal 12 if it is determined that the rezone request from SM to F-1 significantly
affects a transportation facility. Based on the statutory definitions of "significant" under Goal
12, this rezone request complies with Goal 12 and does not trigger any mitigation requirements.
As discussed in the application, the Site has not been actively mined since before 1993. As a
result, mining truck traffic has not been using the Site or the surrounding transportation facilities
since before 1993. If the Site was actively mined, the transportation facility would need to
accommodate the truck traffic from the Site through the life of the remaining aggregate resource.
Rezoning the Site to F-1 will not affect the transportation facilities as defined in OAR 660-0120-
0060 (2). With the zone change from SM to F-1 there is only the potential for less traffic
entering and exiting the Site from Highway 20. This reduced traffic will not change the
functional classification of the existing facilities, will not change standards implementing a
functional classification, will not result in levels of traffic or access which are inconsistent with
the functional classification and will not reduce the level of service on the facilities in compliance
with OAR 660-012-0060 (2).
Based on the foregoing, the Board finds that the application complies with Goal 12 and will not
have a significant affect on any transportation facilities.
Peter Stott G'
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Page 11 Page —1-- Of
Ordinance 519-021>
IV. DECISION:
Based on the foregoing Findings of Fact and Conclusions of Law, the Board of County
Commissioners hereby reverses the Hearings Officer's Decision in part by hereby approving the
zone change and comprehensive plan amendment rezoning the Site to F-1. The Board affirms the
Hearings Officer's decision to retain Site No. 315 on the County's mineral and aggregate
resource inventory.
Dated this ( L day of October, 1999.
Mailed this Zday of October, 1999.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS OF
THIS DECISION BECOMES FINAL TWENTY-ONE (21) DAYS AFTER MAILING UNLESS
THUELY APPEALED.
Peter Stott C
PA-98-12/ZC-98-6 Exhibit
Page 12 page_ of �2
Ordinance 21-0z8