38-888-Ordinance No. 81-029 Recorded 7/15/1981voL
SAGE 888
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance No. )
PL-15, Deschutes County Zoning )
Ordinance of 1979, Rezoning Certain )
Property from Surface Mining ) F
Reserve (SMR) Zone to Surface ) ' 1• G DMining (SM) Zone; and Declaring an )
Emergency. ) JUL 1 5 1981
ORDINANCE N0. 81-029 RDA RC VtM INK
WHEREAS, Troy Matthews proposed the rezoning of certain
property from Surface Mining Reserve (SMR) Zone to Surface Mining
(SM) Zone; and
law; and WHEREAS, notice of hearing was given in accordance with
WHEREAS, the Hearings Officer held a hearing on the pro-
posed zone change on February 24, 1981; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Surface Mining Reserve (SMR) Zone to Surface Mining
(SM) Zone by decision dated March 23, 1981; and
WHEREAS, the decision of the Hearings Officer has not been
appealed to the Deschutes County Planning Commissions now. therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL-15. Deschutes County
Zoning Ord naance ooT 1979, to change the zoning from Surface Mining
00, Reserve (SMR) Zone to Surface Mining (SM) Zone for the parcel of
real property described as:
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Tax Lot 702 RI, Section 18, Township 21 South,
Range ll.East of the Willamette Meridian,
Deschutes County, Oregon,
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and depicted on the map marked Exhibit "A." attached hereto and.,
by this reference incorporated herein.
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Section 2. To adopt as the Board of County Coemissioners'.r J f`
findings an conc usions, the Findings and Decision of the Hearings
Officer dated March 23, 1981, relating to zone change application
Z-81-2, marked Exhibit "B," attached hereto and by this reference
incorporated herein.
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ORDINANCE NO. 81-029, PAGE 1
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Section 3. This Ordinance being necessary for the imomediate:
preservation o public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its passage. -
4. 1
DATED this day of 1981. {
BOARD OF cOuNTY comisSIONERS M$
OFD S COUNTY, 0 GON
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ATTEST:
STONEMAN
Recording Secretary
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FILE NO:
APPLICANT:
REQUEST:
Vm Eat,
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX SM OREGON 97M -
TELEPHONE IS00! 3$5MX
FINDINGS AND DECISION
Z-81-2
Troy Matthews
A zone change application froze SMR to SM.
PLANNING STAFF
REPRESENTATIVE: Brian Christensen
PLANNING STAFF
4 REC_ ONmL-IbAT I ON :
Approval
• ~ PUBLIC NEARING: • n, ~
Public Fearing was held in rooms 1060 Deschutes County.
Courthouse Annex, Bead. Oregon on February 26th. 1981
at 7:00 P.K. An oral decision was rendered at that time. '
BURDEN OF PROOF: In order to receive approval of this application the appli
_r4 cant must most the criteria set forth in Policy S G_l
of the Surface Niaing section ot,tb• Deschutes .County
Comprehensive Plan.
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FINDINGS:
LOCATION:
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The subject property is locted a
pproximately'.1h miles southeast of the, intersection t`...
of the LaPine State Park Road and Highway 97 and 'is `further described aa'1'ax Lot
702RI, Township 21 south Range 11 ~
east, Section 18. G -t L=V
ZONE:
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SMR, Surface Mining Reserve.
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3• COMPREHENSIVE PLAN DESIGNATION. a ~rt~ ~ s ~ ~ . ~ ',a ~ ~ ~ ~ s ~ i, ~~t,~'4~'~~
:.Forest r ;d, f ~r f~~ss ~
- `r r y °>F`: a~.,.,r'~ i1,§ ~'•}'.r;~°~,.S,4n Y ^Ay.'~"t ^ .l Ar;.
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4 SITE DESCRIPTION: %
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The subject property is 20 acres_in size and currently has a dense atand,Olod'epb
pine trees on it. The property was surveyed
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bq a ;registered geologistwhd;ndcatkc. ti
` that the property has approximately one' million cubic yards of-,y: ,got vet' .
`access is from
> F i the north via BLM sad NFS'road9.
s { 2-81 2 TROY MATTHEWS'. PAGE l f
VICIVITf•INFORMATION;
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The surrounding property to the seat. south and west are gonad F-2 `
The property to the north is • Commercial
property to the south and west,' The surroundin
The land use,Js
r! and there is undeveloped and cleared National Forest service ,BLM owned;.
pro ere owns 'had.;Eo, the eastt_;:
P y which is privately owned'to the north:.
CONCLUSIONS'
The applicant is in conformance with Statewide Coals which are a
Coal 4 _ pplicable as follows
on it. rn Forest Land: The subject property does have and replant applicantadOes propose four harvest the m some cov ercial grade t ' the area part of a ambe r.`;'
timber prior to its intended use','
seem co be consistent with contlnuedEores~su reclamation plani This a
would be consistent with this goal's intent, and reforestaton DPr uould">
practices s and this='
Coal S -Open Space. Scenic/Hiatorlc Areas t.
six of this
is goal requires ' and Natural Re Culdeline x
sites for removal and the Inventory mineral sources: a ressources aber
processing of such resourcesld be aIndentifiedandprotectaY.
This site has been protected for future extractin b
• Reserve). This is consistent with this g g y zoning
priate timing and need for the material,~l depending upontha s rf ~pipg
g of f apps
The applicant has addressed and Is in conformance with the Deschutes Count`
Plan Year 2000 in the section; changes from Surface
Mining (S,y) Zone
shall occur upon °~S Reserve County Covprebensive =A°
findings b (SmR) zone to
A. by the County that: Surface
The site is needed to meet the next five year resource requirement
Based u on the s of the count
p on au y'
.
Deschutes Count PPl ied in Table one of the Surface lianas8 r.' Eleme
by Plan lan and the data for the iaPine Min nts the,„~`
been determined it Asa
been d0 cubic y the Hearings Officer that there Will be a ~8 area,,
yards of aggregate in the next five need for a eiinimuw of fir.'
and written testimony and information suppli years.
Department staff. Current resources in the Wine by the a Thu in bathe,ppon oral;:
a twenty thousand cubic PPlacsro and etwe aAning r y
yards in the next five l ra,a;~ may provide betWeea.tea and
~ B• This site to the closet
economical available. atptheltime,to the utilization area r
. or it- otherwise,'
tha coat y
At the present time the BLM is consider
in r.
that should they • ~ " 7
g closing their
If it is approved. Astayt open they would be in c Pit. considering~,theyfac[_.
this time competition with tbe: subject •ro
property will
material available between theitthe ies ofjBBead sad Cilghriat, p party
the"Deily sauce of C. The operator-a ~ ~ 1 x ' ~
plan. rator applicant must also obtain Count ' ec ma
including a phased use and rehabilitatioonaschduleo beforeeth arealamatne 4' .@
Site and rehabilitation U mined"
crease visual and environmental
plan shall return the'ai'te to:a useful condition`end}de' '
In this case. the applicant impact to the 'area Eo. r
and rehabilitation schedule assrequiredea: a the'fulle~t'extent`pbssif~e, s
site plan which indicates ;phasedf:`miainO
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y+;,;Y1,- x 2 L •~f~~`O. t'~ce s~~ x' S
81 2 TROY MATTHEWS PACE 2
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V& "AGE 693 f
- DECISI04: c
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APPROVAL. subject to the following conditions: '
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1. That the applicant meet all the requirements of the road agreements which were
part of MP-79-225 prior to operation.
2. The subject property shall be limited to one use.
3. Access shall be from the north only.
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4. A detailed site plan shall be approved before development coms~ences to include
depth to water table.
5. Necessary permits from D.E.Q. shall be approved for operational requirements.
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j 6. A National Forest Service road permit shall be required.
DATED this,;Ui r day of March. 1981.
This decision becomes final 15 days after the above date. unless appealed to the
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Planning Commission by a party'of interest.
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HEARINGS OFFICER s
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Planning Commission'.
Planning Department
i Troy Matthews
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