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35-624-Ordinance No. PL-15 (Amendment) Recorded 9/9/1980a VOL BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE STATE OF OREGON FOR DESCHUTES COUNTY In the Matter of Zone Change ) AMENDMENT TO COUNTY Application Z-80-9 ) ZONING MAP PL-15 35 PACE 62,94 WHEREAS, Brooks Resources Corporation has applied for a re- zoning of the property described as follows: Approximately 31 acres located easterly of Johnson Road adjacent to Shevlin Park and is further described as portion of tax lots 2700 and 2707, in Sections 22, and 23, T17S, R11E. WHEREAS, the application is for a zone change from SMR, Surface Mining Reserve to SM, Surface Mining as described in County Zoning Ordinance PL-15; and WHEREAS, the Board adopts the findings attached hereto as Exhibit "A", and incorporated herein be reference; and WHEREAS, the application has been recommended for approval by the County Hearings Officer following a public hearing held May 13, 1980; NOW, THEREFORE, the Board of County Commissioners ordains that the property described above be zoned SM, Surface Mining as shown on the map attached hereto as Exhibit "B" and incorporated herein by reference with the following conditions: 1. The zone change shall only include the two parcels shown on Exhibit "A" which is attached to the application. 2. No mining operation or use shall be permitted within 100 feet of the easterly boundary of the site adjoining Shevlin Park. 3. A new access permit for the access road shall be obtained from the Deschutes County Road Department. 4. The access road from Johnson Road to the first mining site shall be surfaced with.asphalt penetration macadam surface or other suitable surface, a minimum of 24 feet in width. 5. All mining operations shall receive approval of the Oregon Department of Geology and Mineral Industries. 6. All mining operations shall be in conformance with the Oregon Department of Environmental Quality. Page 2. VOL 35 PACE 625 7. All mining and accessory operations shall be conducted be- tween 7 A.M. and 6 P.M. weekdays with no operations on Saturday or Sunday, unless it can be shown to the Deschutes County Planning staff that there is sufficient temporary need for a few days to complete a project within a time frame. 8. Prior to the start or resumption of mining, all mining operations shall receive an approved site plan. 9. A new site plan shall be required if any mining operation is expanded beyond the original site plan approval. This ordinance being necessary for the immediate preservation of the public health, welfare and safety, an emergency is declared to exist, and this ordinance shall take effect upon its adoption. DATED this day of September, 1980. ANIFF T: xo mary COUNTY C BOARD O.F_ COUNTY COMMISSIONERS •ua.i a~a~ a a a vva• v , R BER C. PAULS , JR., C MMISS son, Distribution: Applicant Planning Director District Attorney Hearings Officer County Assessor County Counsel . . VOL 35 PAGE 626 EXHIBIT "A" FINDINGS: A. Subject Property: 1. Zone: SMR, Surface Mining Reserve 2. Comprehensive Plan Designation: Agricultural 3. Site Description: The zone change concerns approximately 31 acres on two sites as shown on Exhibit "A'' of the Planning Department. The property is currently zoned SMR. Access to the sites would be off of Johnson Road by way of an existing access road. VICINITY INFORMATION: The property surrounding the property to the north, south and west is generally owned by Diamond International,, the southeast is Shevlin Park. CONCLUSION: A. To accomplish a change from Surface Mining Reserve Zone to a Surface Mining Zone, the following findings must be made by the County: 1. The site is needed by the three to five year resource require- ment of the County. In the testimony submitted by the applicant in a written form and testimony submitted by the applicant at the oral hearing established that this project was needed to produce fill material for the construction of roads and projects in the Bend vicinity. This site is the most economical at this time. The other predominant source of select fill is currently located at the Knott Pitt Sanitary Landfill which is a a substantial distance further away from the proposed use area (Awbrey Butte). The Awbrey Butte location and the Shevlin Center have been approved by the City of Bend and will start construction in the near future. The Board also finds that there is no other significant select fill material site west of Bend. There is significant new development in the west side of Bend Urban Area which can be serviced by the proposed mining site. 2. The site is in the closest proximity to utilization area. Withholding of materials by resource owners could require additional areas be designated. Also more than one resource material site should be available in order that a monoply not occur. This question has been addressed in the comments contained in response to Question #1. r. " Exhibit "A" VOL 35 PAGE62, 7 page 2. 3. That public interest has furthered by the place proposed at the time it was proposed. The Board finds that in fact this has been adequately documented by the evidence submitted and the burden of proof statement by the applicant. The Board finds that the applicant is in conformance with LCDC Goals, which are applicable as follows: Goal #3 - Agricultural Lands: This goal in this case is not applicable in that this area has been identified as Surface Miningg Reserve. The property does have some pine trees, but the trees are not of any commercial quality. This has been documented in the materials submitted by the applicant. This back-up data submitted by Century West Engineering is dated February 8, 1980. Goal #6 - Air, Water, Land Resources Quality: All mining must be done in accordance with the regulations promulgated by the State of Oregon, Department of Geology and Mineral Industries, and the Department of Environmental Quality. This will control the noise and pollution. The Board finds it to be in conformance with that goal. Goal #12 - Transportation: The traffic generated by this propose zone change will have an impact upon Johnson Road. There is poor sight distance for turning onto the access road heading off Johnson Road. However, the applicant has established through his testimony that Johnson Road was built to carry truck traffic. All interior access roads will be the responsibility of the developer. In addition this site is much closer to the projected use areas than the Knott Pitt Sanitary Landfill, which is primary source of select fill material at this time. There- fore, this will reduce the amount of truck traffic that will be generated across the City of Bend to reach project areas on the west side. By so doing it will alleviate traffic congestion throughout the City of Bend. In addition the applicant has agreed to work with the County to establish the best visible site distance for turning onto to and off of Johnson Road.