38-894-Ordinance No. 81-027 Recorded 7/15/1981f "
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON r.
An Ordinance /Unending Ordinance )
No. PL-15, Deschutes County )
Zoning Ordinance of 1979, Re- ) F 1
zoning Certain Property from ) 1 D
Surface Mining Reserve (SMR) )
Zone to Surface Mining (SM)
Zone; and Declaring an Emergency. j JUL 1~ 198 _
ROSEMARY
DESCHUTES COUNTY SON
ORDINANCE NO. 81-027 -CLERK
WHEREAS, Bend Aggregate and Paving applied for rezoning of
cortAin 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 March 24,
1981, and April 14, 1981; and
WHEREAS, the Hearings Officer approved the said zone
change on May 6, 1981, in a written decision on that date; and
WHEREAS, that decision has not been appealed; 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 nance o 1979, to change the zoning from Surface
Mining Reserve (SMR) Zone to Surface Mining (SM) Zone, for the
parcel of real property described as:
Tax Lots 0
Township 16Sout th, Range212oEast, Willamette
Meridian, Deschutes County, Oregon,
and depicted on the map marked Exhibit "A," attached hereto and
this reference incorporated herein.
Section 2. To adopt as the Board of County Commissio1
findings an cone usions, the Findings and Decision of the Hear.;
Officer dated January 13, 1981, relating to zone change applical
number Z-81-4, marked Exhibit "B," attached hereto and by this reference incorporated herein,
ORDINANCE NO. 81-027, PAGE 1
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VOL SAGE 885
Section 3. This Ordinance being necessary for the,immediate
preservation o- piTlic peace, health and safety, an emergency is
declared to exist, and thi Ordinance takes effect on its passage.
DATED this day of
-1_L,44-,, 1981.
BOARD OF COUNTY COMMISSIONERS
OF DE HUTES COUNTY, OREGON
. Q4 Aft
RWB". 4SON, nR. , - "armman
ATTEST:
SU AN STOIvEMAN
Recording Secretary
ORDINANCE NO. 81-027, PAGE 2
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EXHIBIT B
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-8828
FINDINGS AND DECISION
Z-81-4
Bend Aggregate and Paving
An application for a zone change from SMR,.Surface Mining
Reserve to SM, Surface Mining.
PLANNING STAFF
REPRESENTATIVE: Brian Christenson
PLANNTNC: STAFF iris('
RECOMMENDATION: Approval' '
PUBLIC HEARING: Public Hearing was held in room 106, Deschut County sue.
Courthouse Annex, Bend, Oregon on TuesdayMaxch _24, 1981 ' "I
at 7:00 P.M. This matter was- -con tinued.foz Acisltin 'until':` t
April 14, 1981. The Hearings Officer renders tran offal
decision at that time.
BURDEN OF PROOF: In order for the applicant to receive appr6w~ia, ~'for 'a zone..-.r`
change from SMR to SM the criteria set•fortl;' '
~ n `Policy V b;.~;_
FILE NO:
APPLICANT:
RE UF.ST:
in the Surface Mining Section of the Deschute "pdunty.Com=,~;;
preheneive Plan. In addition the
applicant' Y ~'~~t~'drass w4.1
,
4.100 of Deschutes County Zoning Ordinance" FINDINGS: `~'~:~r `F,~~~'a~`:~~ti;••°,',';"~i~;~i
1. LOCATION : '*,~~,2 Y ~ h ~
The subject property is located approximately 1 mile north ofthe°'in tsdction of.~'
Highway 20 and the Cline Falls Highway and is further described as `'LOtB 100 2000 and 2100, Township 16 south, Range 12 east, Section 30.
d~
2. ZONE: ~ ~ t .ri ~~;.r •`A~YTy.. ~ "3'!bti~
SMR, Surface Mining Reserve.
3. COMPREHENSIVE PLAN DESIGNATION: Surface Mining Reserve.
4. SITE DESCRIPTION:
The subject property is 73 acres in size and currently •hae;':'~in .'b
outbuildings, a vacant field formerly used for,,agriculCui'af„" s
xti.
road k•:id two stands of juniper trees. Access.. to. the: pro Q~';t
through the existing mining site on Cline Fa118 Highway,,~~;~~1:
2-81-4 -BEND AGGREGATE AND PAVING -PAGE 1' 4,A'.".~
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The appl ic,rnt ost.thllshed through Lite submitted material that the subject
property c011t;1ia,s 940,000 r"rrhi,: yards tntal material. There were approximately
i )0,000 (-uhic yards (,t p,,tent ial ai;y;rvgate. The Deschutes County Comprehensive
PI 111 suy;;;r Ls that the C(iun1V will have a need for seven million cubic yards of
aggregate within the nr,:•:t f ivu, yours. This is based upon the amount of aggregate
per person utill•r.i•d (23 cubic yards per person) in a population growth rate of
4.5;. per year. If the growth rate is higher, then the aggregate amount needed
will be incrcased. The U.S. Census Bureau has indicated that Deschutes County's
g,r,)wth rate was 10.47, l,r•r year from 1970 to 1980. If thief growth rate remains
strndv for the next five years, the amount then needed will then be approximately
15 million cubic yards.
Between the information provided in Deschutes County Comprehensive Resource element
and tliv information provided by the applicant the amount which will be needed is
somewhere between five and fifteen million cubic yards for the next five years.
The applicant has submitted evidence showing a clear need for the aggregate, On
page 5 of the statement by the applicant, indicates that the total amount of aggre-
gate land designated SM is mainly controled by another person. It has been indicated-+Z
by the evidence submitted that the aggregate in lands designated SM will be used.
within the next five years.
The applicant has demonstrated that there is a rapidly growing area near Tumalo irtz
in the vicinity of the location of this project. This area forms a sub-market'
for aggregate. It is only a few miles from Bend and Sisters.
The applicant is in conformance with the policies of the County and Goal 5 of
LCDC which states "Where conflicting uses have identified the economid':O=,soCtal,
environmental energy consequences of the conflicting uses shall be dete,imined in L`.:+>
programs developed to acheive the goal." This particular site has bee&'identified- :-`,;y
as a high conflict site (conflict level IV). As a consequence additionk site
and reclamation standards have been imposed on this type of site to minimize the
impact upon the surrounding area. Deschutes County has taken the positijon.,that th
resource has priority over other uses, especially housing unless sites::-tletsignated
SMR will be utilized within the planning period. See policy 2 in Desch"tes County.,,
Comprehensive Plan.
The applicant is in conformance with Deschutes County Comprehensive
Pla' `which". relates to surface mine reserve. The County must find under Section 5 E a, F,011 ing
A. The site is needed to meet the next five years resource requirement.. f,till
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Coutny (not the individual operator whose resource or financial.equ emeriti:"",'':
may be met for many years by this one site.) In determining the,,re'`nrce
requirements, consideration shall be given to population gkowth:e ,needs,,
fl.uctations in the construction industry, the amount of materials wi "'aCt1Ve:~'t$ t
site permits and the sometimes transient nature of mining activity
~ el IU
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Based upon the five
year total of projected aggregate demand,„ba'sed
data presented by either the applicant or the staff there,,appeari" e
tween five and fifteen cubic yard needed. Lands which'are' Currentl , bne"~;SMi•
have a total of 22,105,000. Of this total approximately.16;mi11:1
yards are in one ownership. Thus there are approximately,6'1%milhq
yards of material held in other ownerships. The questions
total aggregate, but rather total aggregate available frotq`
near the point of utilization. The approximate demand Of u'
yards and availability of approximately 6 million cubie's..yerderdd ,
necessity for providing more aggregate from more sburcei''ae''`tht
r~
y
Z-81-4 - BEND AGGREGATE. 6 PAVING - PAGE 2 Nth,
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f4, 7'1ii•, :.It.• lr In ll,r• rIn•, ~s
+f Pr"ximlLY try
t I..• :r the ut 1 I izar ton area
11.11,l,•, Llre Ilrtu'. Some withholding. nr is otherwise
r ~ ' • n r , wn, r : ; ( m i l d req,r l rr ,rd,1 i (i nos I arras of
materials by
be designated
r, r • to , Also, r
n, t r .
i t „t ,r k Ind lu,u I rl hr nvn i 1 ah 1 e In order that a monoplye
n ng, which provides for screening by using the must highly
visible area last (no trees shall be disturbed dur
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.
pe r iod) ing this interim
(2) Concurrent reclamation. :tr
(3) Off-site r..
processing.
(4) Provisions to save trees which provide screening.
(S) A paved access road.
""l)r i, '1,n1rtW' is within 7 miler; of the City of Rend, the largest com-
rcn^q,t
ion arr•,I a,l within 11 Mil" of the City of Redmond.
'r'' prr vidrs At this time
Lhv cl"tint
rource of material for the area from this
Tumalo to Sisters.
'1'h~• s i L,• p I,trt (1nc luder, a reclamation Ian
`'"ntlirts. Operating, p ) is adequate to mitigate the potential
reclamation or site
,•m,,:i~,( „r plan conditions or standards shall
r`•s,in,11i1i' c:undILIon s or standards used in the State to mitigate the
.r,iv,•r•;v vtivfr0nnental and aesthetic effects of surface mining, al specific
rr"1'rironivr,i.s sheI1 vary with the conflict level found to exist atttheRsite. 'Con-
flict level IV surface mines shall meet stringent conditions and standards, and
these conditions shall exceed those normally used at sites of lesser conflict
IoveIs.
The applicant has provided a reclamation and site plan which provide for:'
(1) Phased -1 i
(6) Limitation on the hours and days of operation.
D. Aggregate resources in conflict level IV areas shall be utilized as soon aa''
need for the material exists (see SA and B) so as to eliminate the voidicte
soon as possible, to prevent additional conflicts from developing, avoid unC
tsinty, remove possible effects on property values, and reclaim the mine are,
and designated this area for uses which do not conflict with nei hborin
dences. This provision shall only apply to sites with a conflict level IV+a1
the time of plan adoption b g rea
the time by the County. Special restrictions such as 6ff-8:
processing, limits to the area disturbed, concurrent reclamation and time'lit
on the length of the time mining will be permitted will be required.
This partitcular site is designated as Conflict Site IV and the applieant:,•has
addressed the above requirements as mentioned above. e
At the time of the hear ing many nei hburs a
of the proposed he Chan e, g ppeardd and testified in opposit of
zoning Most objections were based upon dust,.noi'se ;t'
hours and duration of operation of the pit.
The Hearings Officer is satisfied that the reclamation plans submitted
applicant will minimize these objections. As this is a Conflict Area
;1,w 'r
there is no way to eliminate all conflicts between an active surfacb na•nnd
residential uses. The purpose is to get the conflict resolved as ,quickl'"f
possible and return the area to a non-mining activity.
31-4 BEND AGGREGATE AND PAVING - PAGE 3
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1'. Ono ann
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AI'1'kttl'A1., suhjc•rt to tIn` t,)IIowin}, rand it i+,n:;:
I . A it u c+nd r,•c: l:+m.+t ion p l.u+, inc lulling bonding; provisions, shall be approved
hc•t ,re +ny dovclopment rommc'nces.
7. A rc,.+d var•+t i„n ;,,r th;it part ion of Highland Road which will be part of the
c•x,io,n site, t„ b(' stc+rted imnx-dintely.
3. 1'1+.+:.,•d minim, and concurrent reclamation shall be concurrent with the appli-
c••+ttt 's prnpusa I .
4. 71re access road shall be consistent with County Road Departments standards.
5. Hours of opertation shall be 7 A.M. to 6 P.M., Mondays through Fridays.,
6. Tt)ere shall be no on-the-site processing.
7. All trees at the northwest corner of the property shall be retained.
8. That. the applicant shall address the County noise ordinance and DEQ require-
ments to the extent that they apply to this particular application.
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9. That. this pit shall be mined not more than seven (7) years, if the applicant
tins not completed the mining at that time, they must then re-appear befog the
Hearings Officer to obtain an extension to complete the mining procass.-fi•
DATED this - G__ day of May, 1981. .
This derision becomes final 15 days after the above date, unless appealed ta1the
Planning Commission by a party of interest.:.
MA:ch
cc: pile
Plnnning CummlAsIon
Planning lhipnrtnwnt
q f,,.,,, t.... 1 r
Liki ~ggrvgll[ ± I111t1 Laving
Z-81-4 - BEND AGGREGATE AND PAVING - PAGE 4
INGS OFFICER
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