2001-405-Ordinance No. 2001-020 Recorded 5/4/2001VOL: CJ2001
PAGE: 405
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ2001-405 * Vol -Page Printed: 05/08/2001 14:32:46
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:
May. 4, 2001; 1:10 p.m.
Ordinance (CJ)
NUMBER OF PAGES: 5
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
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MAY " 400 i
01 N1. Y -4 F11, 1: 10
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COUNTY CLERK
c,T?ou -mos
? LEG .AL COtJNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, Section *
18.52.050 Conditional Uses Permitted, of *
the Deschutes County Code to change
the Uses Permitted in a Surface Mining
Zone And Declaring an Emergency.
*
ORDINANCE NO. 2001-020
WHEREAS, sites are needed to locate water storage facilities to serve
neighboring communities as well as provide water sources for firefighting needs; and
WHEREAS, surface mining sites are often good locations for water storage
facilities when they can be located in such a manner as to have no impact on the
surface mining operations; and
WHEREAS, the mineral and aggregate found at surface mining sites are
protected resources under the Oregon Statewide Planning Goals and Guidelines (Goal
5, Oregon Administrative Rule 660-015-000(5)), the Deschutes County Comprehensive
Plan (Title 23, Section 23.40.040), and Title 18 of the Deschutes County Code (Section
18.52.050). Therefore, water storage facilities have not been allowed under current
regulations in accordance with Section 18.52.050 of the Deschutes County Zoning
Code; and
WHEREAS, the Deschutes County Planning Commission held a work session
on April 12, 2001, to consider a proposal to amend the Deschutes County Code to
allow water storage facilities to be located on surface mining sites when it can be
demonstrated that there will be no impact on the surface mining operations. The
Planning Commission unanimously agreed to forward a recommendation to the
Deschutes Board of County Commissioners to approve the proposed amendment
attached as Exhibit "A", to Section 18.52.050 of the Deschutes County Code; and
WHEREAS, a notice was given and a public hearing was conducted on May 2,
2001, before the Board of County Commissioners in accordance with applicable law,
the Board of County Commissioners has considered the proposed amendments; and
WHEREAS, the Board of County Commissioners has determined that there
would be substantial benefit to neighboring communities if water storage facilities are
allowed to locate on surface mining sites, where there is no impact to the surface
mining operations, in order to provide water for nearby residences and greatly enhance
firefighting capabilities in areas currently threatened by wildfires;
WHEREAS, the Board of County Commissioners has determined that there is
an urgency for additional water storage facilities to meet the fire suppression needs of
Dechutes County; now, therefore,
PAGE I OF 1 - ORDINANCE NO. 2001 - 020 (05/02/ 01)
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. AMENDMENT. Section 18.52.050, Conditional Uses Permitted, of the
Deschutes County Zoning Ordinance, is amended to read as shown in Exhibit "A,"
attached hereto and by this reference incorporated herein, with new language
underlined and deleted language shown in stfike##reaq#.
Section 2. 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 �J day of May, 2001.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LF, Chair
ATTEST: OENNIS R. LUKE, Commissioner
Recording Secretary M EL M. AL , Commissioner
PAGE 2 OF 2 - ORDINANCE NO. 2001 - 020 (05/02/ 01)
EXHIBIT "A"
18.52.050. Conditional uses permitted.
A. The following uses are permitted subject to
the conditions set forth in chapter 18.128:
1. Public uses consistent with or dependent
upon outright uses allowed in the SM
zone.
2. Operations and exploration of
geothermal resources.
3. Excavation, grading and fill and removal
within the bed and banks of a stream or
river or in a wetland subject to DCC
18.120.050 and 18.128.040(W).
4. Construction, expansion and operation of
a Disposal Site as defined in this title, for
which the operator possesses a valid
DEQ permit on the effective date of
Ordinance No. 92-066 for a Land
Disposal Site.
5. Wireless telecommunications facilities
that are necessary to be sited in the SM
Zone for the public service to be
provided.
6. Water storaze facilities, owned or operated by
a public, private or cooperative water company for
the distribution of water, where such placement
will not interfere with or be detrimental to the
minim of the resource.
(Ord. 2001-020 §1, 2001)
Page 1 of 1 -EXHIBIT "A" TO ORDINANCE NO 2001-020 (05/02/01)
STAFF REPORT
DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
CONDITIONAL USES PERMITTED
File Number: TA -01-4
Ordinance No. 2001-020: Amendment to Section 18.52.050, Conditional Uses
Permitted, of Title 18 of the Deschutes County Zoning Code, to propose changing the
uses permitted in a surface mining zone to allow the placement of water storage facilities
where it can be demonstrated there will be no impact to the surface mining operations.
HEARING DATE: May 2, 2001 at 10:30 A.M. in the Board Hearing
Room, 1130 NW Harriman, Bend, Oregon 97701
APPLICANT: Deschutes County
SUBJECT: Requesting amendment to Section 18.52.050, Conditional Uses
Permitted, of Title 18 of the Deschutes County Zoning Ordinance.
Apache Water Systems approached the Board of County Commissioners to seek
assistance in locating a water storage facility in a surface mining (SM) zone. The facility
would be used to provide water to the Deschutes River Woods subdivision and could be
used for firefighting capabilities in the area as well, thereby meeting the goals of Project
Impact.
It appears that the best location for this facility is in an SM zone, and although public
uses are currently allowed under Section 18.52.050, Conditional Uses Permitted, of Title
18 of the Deschutes County Code, the placement of a water storage facility would not be
considered an allowed use. This text amendment proposes to add water storage
facilities as an allowed use to Section 18.52.050 of Title 18 of the Deschutes County
Code. If approved, a conditional use permit would only be issued if an applicant could
demonstrated that the placement of a water storage facility would have no impact on the
current surface mining operations, and would provide substantial benefit in terms of the
water and firefighting needs of the neighboring community.
On April 12, 2001, the Deschutes County Planning Commission held a work session to
consider this proposed amendment and unanimously voted to forward a
recommendation of approval to the Board of County Commissioners.
STAFF RECOMMENDATION
Staff recommends that the Deschutes Board of County Commissioners take the
following actions:
1. Conduct a public hearing on May 2, 2001, on the proposed ordinance.
2. Consider testimony received on this proposal submitted at the hearing and
before the close of the record.
3. Adopt the proposed ordinance with revisions based on issues raised or changes
proposed through public testimony.
PROPOSED AMENDMENTS
File Number: TA -01-4
Ordinance No. 2001-020: Amendment to Section 18.52.050, Conditional Uses
Permitted, of Title 18 of the Deschutes County Code, to allow the placement of water
storage facilities in a surface mining zone.
Attachments:
1. Ordinance 2001-020
2. Exhibit A to Ordinance 2001-020