36-238-Ordinance No. 80-215 Recorded 10/21/1980itll~. ~t'1G~
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHW S` ,COUNTY`, O LGON
An Ordinance Amending Ordinance No. ) f%
PL-15, Deschutes County Zoning )
Ordinance of 1979; Rezoning Certain )
Property from Exclusive Farm Use-20 )
(EFU-4) Zone to Surface Mining )
Reserve (SMR) Zone; and Declaring )
an Emergency )
ORDINANCE NO. 80-215
WHEREAS, Deschutes County proposed the rezoning of certain
property from Exclusive Farm Use-20 (EFU-4) Zone to Surface Mining
Reserve (SMR) 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 May 27, 1980; and
WHEREAS, the Hearings Officer recommended that the property
be rezoned from Exclusive Farm Use-20 (EFU-4) Zone to Surface Mining
Reserve (SMR) Zone by decision dated June 26, 1980; 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 1. To amend Ordinance No. PL-15, Deschutes County
Zoning Ordinance of 1979, to change the zoning from Exclusive Farm
Use-20 (EFU-4) Zone to Surface Mining Reserve (SMR) Zone, for the
parcel of real property described as:
40 acres located within the boundaries of Tax Lot
100, Section 12, Township 15 South, Range 10 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 2. To adopt as the Board of. County Commissioners'
findings and conclusions, the findings and decision of the Hearings
Officer dated June 26, 1980, relating to zone change number Z-80-24,
marked Exhibit B, attached hereto and by this reference incorporated
herein.
ORDINANCE NO. 80-215, PAGE 1
s
Section 3. 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 I21900110day of , 1980.
ROBERT C. PAULSON, JR.., Commissione
ATTEST:
TAMMY J RI HARDSON
Recording Secretary
ORDINANCE NO. 80-215, PAGE 2
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
~SCHUrF VOL ► 6PAGE
HEARINGS OFFICER
CO U N Iy DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701
TELEPHONE (503) 382-4000, EXT. 223
FINDINGS AND DECISION
FILE NO: Z-80-24
APPLICANT: Dschutes County
REQUEST: Application for a zone change from EFU-20, Exclusive
Farm Use, to SMR, Surface Mining Reserve.
PLANNING STAFF
REPRESENTATIVE: Brian Christenson
PLANNING STAFF
RECOMMENDATION: Approval
PUBLIC HEARING: Public Hearing was held in Room 106, Deschutes County
Courthouse Annex, Bend, Oregon on May 27th, 1980 at
7:00 P.M. An oral decision was rendered at that time.
BURDEN OF PROOF: In order to receive a favorable recommendation to the
Board of County Commissioners the applicant must meet
the terms of Section 6.000 of the County's Procedural
Ordinance PL-9. The applicant must also be in conform-
ance with the LCDC Goals.
FINDINGS:
A. Subject Property:
1. Location:
The subject property is located approximately 1/2 mile south of Highway
126 on Cloverdale Road and is further described as a portion of Lot 100,
Township 15, Range 10, Section 12.
2. Zone:
EFU-20, Exclusive Farm Use.
3. Comprehensive Plan Designation:
Agricultural
4. Site Description:
The subject property is zoned EFU-20 and is approximately 40 acres in
size. The resource is cinders mixed with clay; the estimated quantity
for this site and the adjacent site is approximately 11,300,000 cubic
yards. Access to the property is directly from Cloverdale Road.
Z-80-24 - DESCHUTES COUNTY - PAGE 1
EXHIBIT B, PAGE 1
VOL 16('AcE X41
VICINITY INFORMATION:
The adjoining properties are currently zoned EFU-20, Exclusive Farm Use.
CONCLUSIONS:
A. Surface mining sites actively being utilized at the time of plan adoption
should be zoned SM, Surface Mining, so as to permit continued operation.
Operating sites are those which extract 50 or more cubic yards of material
within twelve consecutive months. However, inactive and undeveloped sites
should be designated SMR, Surface Mining Reserve, so that these sites will
be protected for future use when the resource materials are needed. This
protection must include review of developments on adjoining land to assure
compatibility.
The Hearings Officer finds that should the applicant wish to change the
designation from Surface Mining Reserve to Surface Mining, he must meet
a number of conditions which are established and set forth in the Deschutes
County Year 2000 Comprehensive Plan before the designation can be changed
and the site be actively mined.
B. The Hearings Officer finds that placing the reserve designation on this
property simply identifies the property as containing a natural resource
which the county feels necessary to protect for the possibility of future
use.
The applicant is in conformance with the applicable LCDC Goal Five - Open
Spaces, Scenic and Historic Sites and Natural Resouces. THis particular
goal requires and establishes that we should indicated and designate these
areas that may be used for mineral and aggregate resouccs at a future date.
This particular application will not take any agricultural property out of
use, nor will it change any current farming partices. At such time as the
applicant wishes to remove this from the reserve status to an active status
he will have address the criteria in the Comprehensive Plan as well as the
LCDC Goals.
RECOMMENDATION:
The Hearings Officer recommends to the Board of County Commissioners that
Z-80-24 be approved to Surface Mining Reserve.
DATED this J6 Y4, day of June, 1980.
This decision becomes final 15 days after the above date, unless appealed to
the Planning Commission by a party of interest.
Mye Avedovech'
HEARINGS OFFICER
MA:ch
cc:file
Planning Department
Planning Commission
Jill Thompson & Willard Cyrus
Z-80-24 - DESCHUTES COUNTY - PAGE 2
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EXHIBIT B, PAGE 2
300 200
7 - 7
700
2-5
T 15U09Q
- iV SDUVAV n LY 40 Ac2~.
Ppro~1 Or -T4 wac )OD
LEGEND: Surface ining Reserve (SMR)
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