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35-17-Ordinance Recorded 8/5/1980r r BEFORE THE BOARD OF COUNTY COMMISSIONERS VOL 35 FACE If FOR DESCHUTES COUNTY IN THE STATE OF OREGON In the Matter of Zone ) Amendment to County Change Application Z -80 -7) Zoning Ordinance PL -11 WHEREAS, Deschutes County has applied for a text change which would permit landfill operations as a conditional use in Section 11(5) Surface Mining Zone of Deschutes County - Bend Urban Area Zoning Ordinance PL -11; and WHEREAS, the text change amends Section 4. Definitions (134) Public Use from its current wording of: "A use owned or operated by a public organization for the benefit of the public generally. This does not include landfill sites, garbage dumps, or utility facilities ", to the following wording: "A use owned or operated by a public organization for the benefit of the public generally, including landfill sites and garbage dumps, but not including utility facilities; and WHEREAS, the Board adopts the findings attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the application has been recommended for approval by the County Hearings Officer following a public hearing held May 13, 1980; and NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS ordains that PL -11 Section (4) Definitions (134) Public Usebq amended to permit landfills and garbage dumps as Public Uses with`he Bend Urban Growth Boundary. 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 le;; i1►day of August, 1980. D. A. County Assessor Hearings Officer County Counsel COMMISSIONERS EXHIBIT "A" FINDINGS: A. Subject Property 1. Location - Urban Growth Boundary 2. Section - Section 4. Definitions (134) CONCLUSIONS: gut 35 FAUF 17A The intent of this proposed change is to amend the definition of Public Uses to allow landfill sites as conditional uses in the SM - Surface Mining Zone. The zoning text amendment as proposed would amend the definition of Public Uses to make landfills and garbage dumps public uses within the Bend Urban Growth Boundary. Landfills are not a permitted use in any zone within the Bend Urban Growth Boundary even though there is an existing site in oper- ation at this time. Based upon the evidence submitted by the applicant,that it is the intent of the County Road Department, who currently operates the Bend Demolition site, west of Century Drive to apply for a conditional use permit which would allow the expansion of the site. The site as indi- cated is currently zoned surface mining. In addition, the proposed amendment would not permit a landfill as a permitted use, but would require a public hearing after a conditional use application has been filed. The Bend Demolition site is identified in the Comprehensive Plan text, but no provision for expansion has been provided through the implementing ordinances. Without the implementing provisions in the ordinances it would seem that the provision in the Comprehensive Plan text would be meaningless. Therefore, it is found that it is the intent of the Comprehensive Plan to provide for demolition dumps and that this proposed amendment to the Bend Urban Area General Plan is necessary to implement that provision of the Comprehensive Plan. It is found that this application is in conformance with Statewide Planning Goals which are applicable that being Goal #11 Public Faci- lities and Services and Goal #13 Energy Conservation. Goal #11, Public Facilities and Services - Solid waste disposal is recognized as a public service provided in both rural and urban areas. Provisions for this service have not been provided for within the Bend Urban Area even though the use` does exist. The goal requires that public facilities and services in urban areas be provided at levels necessary and suitable for urban uses and that they be provided at levels necessary and suitable for existing uses. This goal also requires a provision for solid waste disposal sites including sites for inert waste to be included in each plan, to meet current and long range needs. Goal #13, Energy Conservation - This goal is applicable to this request in that the siting of a landfill operation within an urban area in close proximity to major generators of refuse would minimize the depletion of nonrenewable sources of energy. This is accomplished PFage -2- • Exhibit "A" �p r VOL 35 PAGE OO by reducing the number of miles traveled by trucks dumping materials at a site outside the boundary as opposed to one inside. • ' VOL 35 °apt- 19 i BOA U t Or _ , Utr`EKS TO BOARD OF COUNTY COMMISSIONERS FROM: RICHARD KNOLL, ASSOCIATE PLANNER RE ZONE CHANGE Z -80 -7 Please be advised that Zone Change Z -80 -7 - Deschutes County, Applicant is scheduled for your review on Tuesday, August 5. Attached are the Planning Department's files and the proposed findings. Thank you.