45-225-Ordinance No. 83-007 Recorded 1/14/1983VOL 45 PAG.25
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance PL-15, As Amended,
Deschutes County Zoning
Ordinance of 1979, Rezoning
Certain Property From Surface
Mining Reserve (SMR) Zone to
Surface Mining (SM) Zone, and
Declaring an Emergency.
V
JAN 141983
* MARY SUE P_EN1iU'.Y 0W
DESCKUTES C_vUN"iY CLERK
ORDINANCE NO. 83-007
WHEREAS, Cascade Pumice Company proposed the rezoning of
certain property from Surface Mining Reserve (SMR) Zone to Surface
Mining (SM) Zone; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings Officer held a hearing on the proposed
zone change on August 10, 1982, and September 14, 1982; and
WHEREAS, the Hearings officer recommended that the property „
be rezoned from Surface Mining Reserve (SMR) to Surface Mining
(SM) Zone by decision dated September 24, 1982; and
WHEREAS, the decision of the Hearings Officer has not been
appealed to the Deschutes County Planning Commission; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section to That Ordinance No. PL-15, Deschutes County Zoning
Ordinance of 1979, is amended to change the zoning from Surface
Mining Reserve (SMR) to Surface Mining (SM) Zone for the parcel of
real property described ass
Tax Lot 2000, Section 35, Township 16 South,
Range 11, East of the Willamette Meridian,
Deschutes County, Oregon;
and depicted on the map marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 2e To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings Officer dated September 24, 1982, relating to Zone Change
1 - ORDINANCE NO. 83-007
rl ~
VOL 5 PACE . 26
Application Number Z-82-10, marked Exhibit "B", attached hereto
and by this reference incorporated herein.
Section 3e This ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this ordinance takes effect on its passage.
DATED this the /-2- day of , 1983°
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTFS COUNTY, OREGON
ALBE$T)Ae YWNG, C
ATTEST:
S AN STONEMAN
Recording Secretary
TE, Commissioner
E A. TUTTLE, Commissioner
2 - ORDINANCE NO. 83-007
d
EXHIBIT "A"
SECTION JJ L1GS. R.I IL,4"J. n4.
OESMUFF:S COUNTY
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HEAR MS Oo FMCER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-6626
a
EXHIBIT "B" \tl'Y
VOL .45 ?ACE i29A
FINDINGS AND DECISION
FILE NO:
APPLICANT:
Z-82-10
Cascade Pumice Company
- X198? -
REQUEST: An application for a zone change from
SMR, Surface Mining Reserve to SM, Suface
mining, which would allow active mining
on the site
PLANNING STAFF
REPRESENTATIVE: Lin Bernhardt
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, August 10, 1982 and
continued until September 14, 1982 at
7:00 P.M. An oral decision was rendered
at that time,
BURDEN OF PROOF: In order to receive approval of this
request the applicant must meet the
criteria set forth in Section 1000250 of
PL-9,and Section 6°000, of the Deschutes
County Zoning Ordinance.
FINDINGS:
to LOCATION:
The subject property is located immediately northwest of the
intersection of Mock Road and Tumalo Reservoir Road and is
further described as Tax Lot 2000, Township 16 south, Range
11 east, Section 350
20 ZONE:
The parcel is located within an SMR, Surface Mining reserve
.zone.
Z-82-10 - CASCADE PUMICE COMPANY - PAGE 1
}
9
vol. 45 FACE 229 w
3. COMPREHENSIVE PLAN DESIGNATION:
The subject property is designated as SMR, Surface Mining"
Reserve on the Comprehensive Plan map,
4. SITE DESCRIPTION:
The subject property is 120 acres in size. The subject
property has been leased by the applicant from the Tumalo
Irrigation District for the purpose of mining since October
1, 1981. The subject property-has a rolling topography with a
vegetative cover of wheatgrasso The Deschutes County
Watermaster°s records show the subject property to have a
water right which was inspected on July 6, 1981 and shown to
be irrigated. Tumalo Reservior Road borders the property on
the south, and Mock Road borders the property on the east
separating the SMR and the Sm zone. Access to the site would
be from Tumalo Reservior Road through the applicant°s
exisiting mining site,
CONCLUSIONS:
The applicant has addressed the criteria set forth in the Burden
of Proof as follows:
A. The site is needed to meet the next five year resourse
re uirements of the Count (not the individual operator whose
resource or financial requirements may be met for many years
by this one site}, In determining the resource requirements,
consideration shall be even to population growth, area
needs, fluctuations in the construction industry, the amount
of materials with active site permits and the sometimes
transient nature of minin activities
The applicant has clearly established in his-oral testimony -
and the submitted documentation (exhibit #k17 and #18) that
there is in fact a need for this material in Deschutes County
within the next five years. The applicant has adequately.
satisfied this requirement.
Be This site is in the closest proximity to the utilization
area, or is otherwise the most economical available, at the
time. Some withholdin of materials b resource owners could
rr q re add.itiona areas to e esg nat. o Also, more t an
one resource site of a kind should be available in order that
a monoply not occur.
The applicant demonstrated that property is the most
economically available since there is a current lease on the
subject parcel. Since the site is adjacent to the area where
active mining is currently going on, it would not be
necessary to move the operation and equipment to another
location.
Z-82-10 - CASCADE PUMICE COMPANY - PAGE 2
.r'
o q~ .r ~Y
VOL 45 PAGE 23®
Co The site lap (includes a reclamation plan) is adequate to
mitigate the potential conflicts. Operation, reclamation or
site plan conditions or standards shall consist of reasonable
conditions or standards used in the State to mite ate the
adverse environmental and aesthetic effects of surface mining
although specs is requirements s a vary wit t fie con .ict
level found to exist at the site. Conflict level IV surface
mine shall meet stringent con itions an standards, an these
conditions shall exceed those normally used at sites of
lesser conflicts levels.
The above requirement will be addressed during the Site Plan
Review Process, which is currently in progress,
D. Pumice, cinders or other non-a re ate materials not in
scarce supply, which are needed for export in, addition to
local demand, shall have a lower burden of proof as rewards
criteria A.and B above. However, sites with a conflict level
o IV s a not be used for mining and M se Z ;F ict eve
III shall only be _used when no other site is feasible and
extraordinary precautions are taken.
This information is also contained in primarily in exhibits
#17 and #18 and in oral testimony at the time of the public
hearing, August 10, 1982. This applicant has shown the need
for the product on a local basis. The local material is
supplied 100% by this company and one other company,
DECISION: APPROVAL, subject to the following conditions:
to The applicant shall show tht the subject property is needed
to meet the next five (5) year resource requirements of
Deschutes County.
20 Mining activities shall be limited to five (5) years from the
approval date of this application.
3. The applicant shall retain water rights currently assigned to
the subject property.
Z=82-10 - CASCADE PUMICE COMPANY
r von 45
F,,E 23j
DATED this 4/6 ay of September, 1°820
This decision becomes final fifteen days after the date mailed
unless appealed to the Planning Commission by a'party of interest.
My Avedove
H RINGS OFFICER.
MA:ch
cc: File
Planning Department
Planning Commission
Cascade Pumice
Z-82-10 - CASCADE PUMICE COMPANY - PAGE 4
