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2001-880-Ordinance No. 2001-040 Recorded 12/7/2001REVIEWED LEGAL COUNSEL REVIEWED CODE REVIEW COMMITTEE DESCHUTES COUNTY OFFICIAL COUNTYCLERKyJ 20010880 COMMISSIONERS' JOURNAL 12/07/200101:37:33 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, the County Zoning Ordinance, of the Deschutes County Code, To Allow Disposal Sites for Commercial Composting In the Sunriver UUC Forest District, and Declaring an Emergency. ORDINANCE NO. 2001-040 WHEREAS, Sunriver Environmental LLC submitted an application for a legislative amendment to the Deschutes County Zoning Ordinance to allow a commercial composting facility as a conditional use in the Sunriver Urban Unincorporated Community (UUC) Forest District; and WHEREAS, Sunriver Environmental LLC proposed the amendment to eventually obtain County approval to process commercial compost on property its owns in the Forest District, and WHEREAS, Oregon Administrative Rules (OAR) Chapter 660, Division 6, allows land disposal sites, including composting facilities, as uses that require review in forest zones, and WHEREAS, the Deschutes County Planning Commission conducted a work session on this matter that included a presentation from the applicant on composting and the applicant's goals for engaging in composting in the Sunriver Forest District, and WHEREAS, the Deschutes County Planning Commission conducted a public hearing September 13, 2001 on the proposed amendment, and have now forwarded the proposed amendment to the Board of County Commissioners; and WHEREAS, after notice was given and hearing conducted 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 finds the applicant has demonstrated that adding the proposed use to the Forest District will benefit the County by reducing the waste stream and encouraging composting, based on the record before the Board; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Section 18.108.180, Forest F -District, of the Deschutes County Zoning Ordinance is amended to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and deleted language shown in ,tri��. PAGE 1 OF 2 - ORDINANCE NO. 2001-040 (12/5/01) Section 2. AMENDMENT. Section 18.128.120, Landfill, solid waste disposal site, of the Deschutes County Zoning Ordinance is amended to read as set forth in Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and deleted language shown in stfilethr-eug-h. Section 3. 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�ay ofl./=Q-- 2001. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom DeWolf, s R. Luke, Commissioner Michael M. Daly" Com ssioner PAGE 2 OF 2 - ORDINANCE NO. 2001-040 (12/5/01) EXHIBIT "A" 18.108.180. Forest - F District. and shall be removed at the A. Uses permitted outright. The following conclusion of the forest operation uses and their accessory uses are requiring its use. permitted outright, subject to applicable 8. Exploration for mineral and provisions of DCC 18.36, Forest Use -F1 aggregate resources as defined in Zone, and to applicable provisions of the ORS 517. comprehensive plan: 9. Towers and fire stations for forest 1. Forest operations or forest practices fire protection. including, but not limited to, 10. Widening of roads within existing reforestation of forest land, road rights of way in conformance with construction and maintenance, the transportation element of the harvesting of a forest tree species, comprehensive plan including public application of chemicals and disposal road and highway projects as of slash. described in ORS 215.283(1)(k) 2. Temporary on-site structures which through (n). are auxiliary to and used during the 11. Water intake facilities, canals and tern of a particular forest operation. distribution lines for farm irrigation As used here, temporary structures and ponds. are those which are portable and/or 12. Uninhabitable structures accessory to not placed on a permanent fish and wildlife enhancement. foundation, and which are removed B. Conditional uses permitted. The at the conclusion of the forest following uses and their accessory uses operation requiring its use. may be allowed in the Forest District, 3. Physical alterations to commercial subject to applicable provisions of DCC forest land auxiliary to forest 18.36, Forest Use -F1 Zone, and to practices including, but not limited applicable provisions of the to, those made for purposes of comprehensive plan: exploration, mining, commercial 1. Television, microwave and radio gravel extraction and processing, communication facilities and landfills, dams, reservoirs, road transmission towers. construction or recreational facilities. 2. Water intake facilities, related Gravel extraction and processing not treatment facilities, pumping stations covered by DCC 18.108.180 is and distribution lines. governed by DCC 18.52. 3. Reservoirs and water impoundments. 4. Uses to conserve soil, air and water 4. New electric transmission lines with quality and to provide for wildlife right-of-way widths of up to 100 feet and fisheries resources. as specified in ORS 772.210. New 5. Farm use as defined in ORS 215.203. distribution lines (e.g. electrical, gas, 6. Local distribution lines (e.g., electric, oil, geothermal) with rights of way telephone, natural gas, etc.) and 50 feet or less in width. accessory equipment (e.g., electric 5. Forest management research and distribution transformers, poles, experimentation facilities as defined meter cabinets, terminal boxes, by ORS 526.215 or where accessory pedestals), or equipment which to forest operations. provides service hookups, including 6. Disposal site for solid waste, not water service hookups. including a land disposal site, for 7. Temporary portable facility for the which the Oregon Department of primary processing of forest Environmental Quali1y has granted a products. The facility shall not be permit or a similar approval, to eg ther placed on a permanent foundation with equipment, facilities or PAGE 1 OF 2 — EXHIBIT "A" TO ORDINANCE NO. 2001-040 (12/5/01) EXHIBIT "A" buildings necessary for operation. Uses permited under this catego are limited to commercial composting, subject to DCC 18.128.015 and 18.128.120. (Ord. 2001-040 § 1, 2001; Ord. 2001-016 2, 2001; Ord. 98-016 § 2, 1998; Ord. 97- 078 § 2, 1997) PAGE 2 OF 2 — EXHIBIT "A" TO ORDINANCE NO. 2001-040 (12/5/01) EXHIBIT "B" 18.128.120. Landfill, solid waste disposal site. The Planning Director or Hearings Body may authorize a landfill or other solid waste disposal site as a conditional use, subject to the following standards: A. The proposed site shall not create a fire hazard, litter, insect or rodent nuisance, or air or water pollution in the area. B. The proposed site shall be located in or as near as possible to the area being served. C. The proposed site shall be located at least one-quarter mile from any existing dwelling, home or public road (except the access road). D. The proposed site shall be provided with a maintained all-weather access road. E. Applications for a conditional use permit to establish a commercial composting facility under this category shall also meet the following criteria: 1. The proposed facility shall be effectively screened from adjacent residential uses and scenic roadways. The proposed facility may use existing_ topography and trees and/or introduced landscaped material. 2. The monosed facilitv shall emolo practices of material handling and processingthat noise and odors from impacting residences at least one-quarter mile from the site. 3. The oronosed facilitv shall emnlo practices of material handling and processing that control debris and dust and ensure material is contained on site. (Ord. 2001-040 § 2, 2001; Ord. 2001-016 § 2, 2001; Ord. 95-075 § 1, 1995; Ord. 91-020 § 1, 1991) PAGE 1 OF 1 - EXHIBIT "B" TO ORDINANCE 2001-040 (12/5/01)