1999-1056-Ordinance No. 99-023 Recorded 11/17/1999VOL: CJ1999 PAGE: 1056
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*01999-1056 *Vol -Page Printed: 11/17/1999 16:14:20
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:
Nov. 17,1999; 10:57 a.m.
Ordinance (CJ)
NUMBER OF PAGES: 11
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK {LEY UN HED
I40V 1 71999
REVIEWED AS TO FORM REVIEWED
CODE REVIEW COMM. LEWIl !:Q
,-
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES UNTY OREGON
JyNOV 17 AM 10: 57
An Ordinance Amending PL -20, Deschutes County Year MARY S U t P E N H O L L O W
2000 Comprehensive Plan Map, Correcting a Map Error * COUNTY CLERK
In Surface Mining Site No. 370, Revising the Tumalo Rural
Community Boundary, and Declaring an Emergency.
ORDINANCE NO. 99-023
WHEREAS, Deschutes County has adopted a surface mining package by ordinances 90-025, 90-
028, 90-14 and 90-029 that inventories mineral resources, resolves conflicts identified between mineral
resources and other significant resources and uses based upon economic, social, environmental and
energy (ESEE) consequences, and designates individual sites for surface mining based upon that ESEE
analysis; and
WHEREAS, pursuant to the ESEE process the County designated site no. 370, located at 64543
Highway 20, Bend, Oregon as Surface Mining on the comprehensive plan map; and
WHEREAS, the record for site no. 370, including the ESEE analysis and correspondence from
the property owner, establishes that tax lots #2301, 2302 and 2600 ("subject property") were part of the
mining operations conducted at this site by Bend Aggregate & Paving at the time the surface mining
package was adopted; and
WHEREAS, the subject property continues to be used for activities associated with the mining
operations conducted on the subject property, including a shop building, storage shed, office, pit area and
equipment parking; and
WHEREAS, the exclusion of the subject property from site no. 370 was an inadvertent omission,
as it was the County's intent in 1990 to include the subject property as part of the area designated
Surface Mining for this site; and
WHERAS, as a consequence of this omission the subject property was included in error in the
Tumalo Rural Community boundary as part of the unincorporated community planning project
completed by Deschutes County in 1997, as shown on a series of maps in Exhibit "B" to ordinance no.
97-031 and as Exhibit "A" to ordinance 97-032; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. MAP AMENDMENT. PL -20, Deschutes County Comprehensive Plan Map, is
amended to change the plan map designation for tax lots #2301, 2302 and 2600 in Township 16 North,
Range 12 East, Willamette Meridian ("subject property"), as shown on Exhibit "A," attached hereto and
incorporated herein by this reference, from TUR -Residential to Surface Mining.
Section 2. MAP AMENDMENT. PL -20, Deschutes County Comprehensive Plan Map, is
amended to remove the subject property identified in Section 1 above from the Tumalo Rural
Community. The effect of this amendment is to revise the boundary of the Tumalo Rural Community to
exclude the subject property, as depicted on the comprehensive plan map adopted as Exhibit "A" to
Page 1 of - ORDINANCE No. 99-023 (11/10/99)
ordinance no. 97-032 and on the following maps adopted in Exhibit `B" to ordinance no. 97-031 in the
comprehensive plan: Tumalo Rural Community Boundary (Map A), Tumalo Rural Community -
Comprehensive Plan Map (Map B), Laidlaw Water District (Map C), Inventory of Existing Roads (Map
D I) and Planned Roadway, Sidewalk and Trail Improvements (Map D2).
Section 3. FINDINGS. The Board of County Commissioners adopts the Decision of
Deschutes County Board of County Commissioners, attached as Exhibit `B" and incorporated herein by
this reference, in support of the Board's decision in Sections I and 2 above to amend the comprehensive
plan map.
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 16 day of=r, 1999.
ATTEST:
Recording Secretary
Page 2 oft - ORDINANCE No. 99-023 (11/10/99)
BOARD OF COUNTY COMMISSIONERS OF
DE UTES COUN �, OREGON
010
INDA L. SW ARI N, Chair
T.N. DeWOLF mmis ' ner
NNIS R. LUKE, Commissioner
LEGEND
QTUMALO RURAL COMMUNITY BOUNDARY
^ /FORMERTUMALO COMM. BOUNDARY
02301 TAXLOT NUMBER
ED AREA TO BE INCLUDED IN SURFACE MINE
COMPREHENSIVE PLAN
AGRICULTURE
:. FLOOD PLAIN
RURAL RESIDENTIAL EXCEPTION AREA
SURFACE MINE
COMMERCIAL
RESIDENTIAL 5 ACRE MIN.
RESEARCH 8 DEVELOPMENT
RESIDENTIAL
Exhibit "A" to Ordinance No. 99-023 (11/10/99)
N Map Produced By:
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DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS:
HEARING DATE:
APPLICANT:
PROPERTY OWNERS:
PA-98-7/ZC-99-4
November 10, 1999
Deschutes County for
CLR, Inc.
1289 Promontory Dr.
Bend, OR 97701
CLR, Inc.
REQUEST: PA -99-7, An application for a Plan Amendment to amend the
Deschutes County Comprehensive plan map designation of the
subject property from Tumalo - Residential to Surface Mining.
ZC-99-4, An application for a Zone Change to amend the
Deschutes County Zoning Map to change the zoning of the
subject property from Tumalo - Residential to Surface Mining.
STAFF CONTACT: Dave Leslie, Associate Planner
I. APPLICABLE CRITERIA
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance:
Chapter 18.136.010, Amendments
Section 18.36.010, Amendments
Section 18.136.020, Rezoning Standards
B. Oregon Administrative Rules, Chapter 66, Division 12, Transportation Planning Rule
OAR 660-12-60, Plan and Land Use Regulation Amendments
C. Title 22 of the Deschutes County Code, the Deschutes County Development Procedures
Ordinance
D. PL -20, Deschutes County Year 2000 Comprehensive Plan
II. FINDINGS OF FACT
A. LOCATION: The subject property is at 64543 Highway 20, Bend, and is identified on
Deschutes County Assessor's map 16-12-31 D as tax lots #2301, 2302 & 2600, as
shown on Exhibit 1 to this decision.
PA -99-72C-99-4 Exhibit " a
Page 1 of 7 Page I of
Ordinance gq-0z3
B. PLAN DESIGNATION AND ZONING: The subject property is currently designated
Tumalo Rural Community - Residential on the county's comprehensive plan map and is
zoned Tumalo - Residential. The property is also within a Surface Mining Impact Area
combining zone due to its location adjacent to mining site no. 370.
C. SITE DESCRIPTION: The subject property includes three tax lots encompassing 2.76
acres. The property is located east of Cook Avenue and west of lands owned by the
State of Oregon and Highway 20. The Deschutes River passes beneath Highway 20
approximately 500 feet to the southeast of the subject property. Highway 20, a
designated landscape management corridor, is located approximately 200 feet from the
northeast corner of the subject property.
The subject property is level and has improvements relating to surface mining
operations, including processing and material distribution (trucking) at site number 370,
formerly the headquarters for Bend Aggregate & Paving and now operated by Hap
Taylor & Sons, Inc. The improvements include a portion of the main office building and
an excavated pit (tax lot #2301); a dwelling, shed and paved parking area (tax lot
#2303); and a shop building, storage shed, oil shed and paved parking area (tax lot
#2600).
D. SURROUNDING LAND USES: The subject property is used in conjunction with
adjacent land to the north, west and south for surface mining and processing operations
at site no. 370. Three vacant parcels to the east of the subject property are owned by
the State of Oregon and are designated for residential uses in the Tumalo Rural
Community. Highway 20 passes in a northwest - southeast direction east of the State's
property. The primary commercial and residential area for the Tumalo community is
immediately east and north of the highway. Property to the west of surface mining site
no. 370 is within the Tumalo Rural Community boundary, and is developed for
residential purposes and research & development uses.
E. PROPOSAL: The applicant, on behalf of the property owner, CLR Inc., has submitted
concurrent requests for a plan amendment and zone change for the subject property.
The applicant requests that both the Deschutes County Comprehensive Plan map and
the Zoning map be amended so that the plan designation and the zoning of the subject
property will be changed from Tumalo -Residential to Surface Mining.
As a consequence of this plan amendment and zone change, additional map revisions
that will need to occur include: 1) amend the boundary of the Tumalo Rural Community
on any official County maps, to exclude the subject property from the community;
2) remove the Surface Mining Impact Area (SMIA) combining zone classification from
the subject property; and 3) add the Landscape Management combining zone
classification to the subject property.
F. APPLICATION AND BURDEN OF PROOF: Section 22.24.050 of the County Code
states that throughout all local land use proceedings the burden of proof rests on the
applicant. The file on record for this application includes the following documents in
support of this burden:
• A complete land use application
Exhibit ,3"
PA -99 -MC -99-4 Page —I of
Page 2 of 7
Ordinance '19 - Oz 3
Decision of Deschutes County Board of Commissioners that addresses the
applicable decision criteria and includes by reference the following:
* Exhibit 1, map of the subject property and surrounding properties
* Exhibit 2, letter dated August 12, 1999 from Jerry Curl
* Exhibit 3, letter dated February 29, 1988 from Bend Aggregate & Paving, Inc.
* Exhibit 4, ESEE Findings and Decision from 1990 for surface mining site no. 370
G. PUBLIC AGENCY COMMENTS: The Planning Division sent written notice of the
November 10, 1999 public hearing on these requests to several affected public agencies
on October 22, 1999. The following lists the agencies that submitted comments on the
applications and the substance of their comments:
1. Deschutes County Road Department:
This zone change and plan amendment will not have a direct effect on county
roads. The rezoning is logical since this area will continue to be part of a surface
mining operation. The county road adjoining the west side of this mining site will
be relocated in the future but will not be affected by this zone change or plan
amendment. The Road Department therefore has no comments or conditions to
recommend on the proposed land use request.
Note: The following agencies did not respond: ODOT and Tumalo Town Improvement
District.
H. PUBLIC NOTICE AND COMMENTS: Section 22.24.030 of the County Development
Procedures Ordinance provides for notice requirements for land use actions that will be
considered at a public hearing. This section requires that individual notice be mailed to
owners of record of property within 250 feet of the property that is the subject of the
notice where the subject property is outside of an urban growth boundary and not within
a farm or forest zone. Written notice of the November 10, 1999 public hearing was
mailed on October 22, 1999 to the owners of property within 250 feet of the subject
property and published in The Bulletin on October 31, 1999. The property owner posted
a notice of the public hearing on the subject property on November 2, 1999. As of
November 9, 1999, staff had not received any comments from the property owners
receiving notice or the general public.
III. FINDINGS OF APPLICABLE LAW
A. Title 18, Deschutes County Zoning Ordinance
CHAPTER 18.136, AMENDMENTS
1. Section 18.136.010, Amendments (Text from DCC Title 18 is in bold italics)
This title may be amended as set forth in this chapter. The procedures for
text or legislative map changes shall be as set forth in chapter 22.12 of this code.
A request by a property owner for a quasi-judicial map amendment shall be
Exhibit 6"
Page 3 of 7
PA-99-7ac-99-4 Ordinance 9q-023
Page 3 of 7
accomplished by riling an application on forms provided by the Planning
Department and shall be subject to applicable procedures of Title 22 of this code.
FINDING: The Board finds that the property owner requested in writing that the county
correct an error in zoning of the subject property. (see Exhibit 2) This was precedF A by
a similar written request by the property owner in 1988, when the county was comp! sting
its Goal 5 inventory and review of mineral and aggregate resource sites. The county
was asked to include the subject property within the boundary of mining site no. 370 at
that time. (see Exhibit 3} A record is on file with the Community Development
Department for this application, file numbers PA -99-7 and ZC-99-4.
2. Section 18.136.020, Rezoning Standards.
A. That the change conforms with the Comprehensive Plan, and the
change is consistent with the plan's introductory statement and goals.
FINDING: The Board finds that the proposed zone change to Surface Mining is
consistent with the proposal to amend the plan designation for the subject property to
Surface Mining. Furthermore, the Board finds that it was the County's intent to
designate and zone the subject property "Surface Mining" in 1990 as part of the Goal 5
process to identify and protect mineral and aggregate resources. This intent is
evidenced by the fact that the subject property was included on the county inventory of
mineral and aggregate locations in 1988 and was identified as site no. 370 at that time.
The ESEE (Economic, Social, Energy and Environmental) Findings and Decision for site
no. 370, adopted by the county in 1990 as part of the Resource Element of the
comprehensive plan, specifically lists the three tax lots which comprise the subject
property as part of this mining site. (see Exhibit 4)
B. That the change in classification for the subject property is consistent
with the purpose and intent of the proposed zone classification.
FINDING: The Board finds that zoning the subject property for Surface Mining is
consistent with the on going and intended use of the property in conjunction with mining
operations at site no. 370. The subject property has been used for many years for a
variety of purposes related to the mining operation, including storage, office, parking,
etc. The proposed zone change is consistent with the current and intended use of the
subject property for activities associated with mining operations at site no. 370.
The Board finds that changing the zoning to Surface Mining will have the effect of
removing the subject property from the Tumalo Rural Community. County maps will
need to be revised to reflect this boundary revision. As a result, the subject property will
be within a Landscape Management Combining zone, pursuant to DCC 18.84.020, due
to the presence of Highway 20, identified on the comprehensive plan and zoning maps
as a landscape management corridor, within one-quarter mile. The subject property will
no longer be within a Surface Mining Impact Area as a consequence of the rezone to
Surface Mining and county maps will need to be revised to reflect this change.
PA -99-72C-99-4
Page 4 of 7
Exhibit g„ --
Page N of 7
Ordinance q9-02-3
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.
FINDING: The Board finds that the subject property is already provided with adequate
public services necessary for the current use of the subject property. The site will
continue to be used for mining operations and no change in public services will be
necessary to allow this use to continue on the subject property as a result of a zone
change to Surface Mining.
2. The impacts on surrounding land use will be consistent with the
specific goals and policies contained in the Comprehensive Plan.
FINDING: The subject property is presently used for activities related to mining
operations at site no. 370. As previously stated, the consequences of designating the
subject property for Surface Mining were evaluated in the ESEE Findings and Decision
adopted by the county as part of the comprehensive plan in 1990. The county
determined at that time that this property should be zoned for surface mining, including
an allowance for processing, and that conflicting uses on adjacent lands would be
protected by the use of setbacks and adherence to DEQ noise and dust standards on
the subject property. No new conflicts arise at this time as a result of this zone change
and the requirements of the ESEE remain in effect. The Board finds therefore that this
criterion has been met.
D. That there has been a change in circumstances since the property was
last zoned, or a mistake in the zoning of the property in question.
FINDING: The Board finds that the record for this mining site, including the two letters
from the mining operator and the ESEE Findings and Decision referred to above,
demonstrates that a mistake was made in not zoning the subject property Surface
Mining in 1990.
B. OAR 660, Division 12, Transportation Planning Rule.
OAR 660-12-060, Plan 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
Exhibit
Page s of
PA-99-7/ZC-99-4 Ordinance 99 -0? -3
Page 5 of 7
(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.
FINDING: The Board finds that the proposed zone change and plan amendment are
intended to correct a map error. The subject property is already being used for the
purposes allowed on property zoned Surface Mining. Therefore, there will be no
changes or significant affects to a transportation facility as a result of this plan
amendment and zone change.
(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.
FINDING: The Board finds that a copy of the notice of this land use application was
mailed to ODOT and the County Road Department in compliance with this requirement.
(4) The presence of a transportation facility or improvement shall not be a basis
for an exception to allow residential, commercial, institutional or industrial
development on rural lands under this division or OAR 660-04-022 and 028.
FINDING: The Board finds that this land use application does not include an exception
to allow the uses indicated above on rural lands.
D. PL -20, Deschutes County Year 2000 Comprehensive Plan.
Surface Mining goal and policies, from Chapter 9, Resource Management, of the
comprehensive plan:
GOAL: 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.
Policy # 11: The County shall identify and protect sites for the storage, extraction
and processing of mineral and aggregate resources within the framework of Goal
5 and its implementing administrative rules.
PA -99-72C-99-4
Page 6 of 7
Exhibit Oet,
Page _ P of 7
Ordinance 99' OX3
Policy # 13: If conflicting resources or uses are identified through the Goal 5
process, a mineral and aggregate resource site shall be zoned SM if it is
determined to be of such importance relative to conflicting resources or uses as
to require protection. Uses which would interfere with the present or future use
of the SM site shall not be allowed, or shall be limited so as not to preclude use of
the SM site, until the mineral and aggregate resource has been depleted.
FINDING: The Board finds that the ESEE Findings and Decision for site no. 370 was
completed in conformance with the administrative rules for Goal 5 and demonstrates
that the subject property is intended to be used for surface mining operations at this site.
Correcting the mistake and designating the property Surface Mining is consistent with
the Goal and Policies cited above and will properly protect the use of the subject
property for surface mining activities while also protecting nearby conflicting uses.
IV. CONCLUSION AND DECISION
Based on the foregoing Findings of Fact and Findings of Applicable Law, the Board finds
that all applicable criteria for the proposed plan map amendment and zone change are
met. The Board therefore approves the applicant's proposal to change the
comprehensive plan designation and zoning of the subject property to Surface Mining.
DATED this day of November, 1999.
ATTEST:
Recording Secretary
PA -99-72C-99-4
Page 7 of 7
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, QRtEGON
LINDA L. SWEARINGEN, Chair
T.N. DeWOLF ommissione
DENNIS R. LUKE, Comfn- issioner
Exhibit 3
Page I of '7
Ordinance 91-023
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Board of Commissioners
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