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35-149-Ordinance No. PL-15 Amendment Recorded 8/14/1980VOL 35 PALE 1.49 BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES In the Matter of Zone ) Change Application Z-80-18) AMENDMENT to County Zoning Map PL-15 WHEREAS, Larry L. Davis, has applied for a rezoning of the property described as follows: Approximately 8 1/2 acres located westerly of 10th Street approximately 1 1/2 miles south of Terrebonne, tax lots 702 and 703, Section 28, T14S, R13E. WHEREAS, the application is for a zone change from EFU, Exclusive Farm Use to SM, Surface Mining as described in the Deschutes County Zoning Ordinance PL-15; 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 June 10, 1980, and continued to June 24, 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. No mining operation or use shall be permitted within 100 feet of the west property line. 2. Prior to the start or resumption of mining, all mining operations shall receive approval of the Oregon Department of Geology and Mineral Industries. 3. All mining operations shall be in conformance with the Oregon Department of Environmental Quality. 4. All mining and accessory operations shall be conducted between 7 A.M. and 6 P.M. weekdays and 9 A.M. to 5 P.M. on Saturdays with no operation on Sunday. 5. Prior to the start or resumption of mining, all mining operations shall receive an approved site plan. 35 PnE 150 VOL Page 2. Z-80-18 6. A new site plan shall be required if any mining operations is expanded beyond the original site plan approval. 7. The mining operation shall be limited only.to the removal and processing of cinders. 8. The zoning shall be changed only on Tax lot 702 aouth of the COI ditch which is approximately 3 1/2 acres and on tax lot 703. 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 August, 1980. BOARD OF COUNTY COMMISSIONERS ATTEST: Distribution: Applicant Planning Director District Attorney County Assessor Hearings Officer County Counsel c' ROBERT Cs , Jr., CO IS R EXHIBIT "A" va 35 PAGE 15~1, FINDINGS: k A. Subject Property: The subject property is approximately 8 1/2 acres in size and is located within the LM, Landscape Manage- ment Combining zone. Topography of the property varies from a gently sloping pasture to a steep hillside covered with sagebrush. Access to the property is by way of a cindered road off 10th Street. VICINITY INFORMATION: Surrounding property to the north, south..and east is generally irrigated pasture with some steep hillsides. Property to the west is a steep slope. Adjoining property to the north , south and east is zoned EFU-20, Exclusive Farm Use with a LM, Landscape Management Combining zone with one quarter mile of Highway #97. Property to the west is zoned RR-10, Rural Residential. GENERAL INFORMATION: The subject property has been mined in the past, however, no information concerning the mining operation was received by the Planning Department as was required under County Ordinances prior to being rezoned in November of 1979. CONCLUSIONS: Deschutes County Year 2000 Comprehensive Plan in discussing surface mining indicates: a. Surface mining sites actively being utilized at the time of plan adoption should be zoned SM, so as to permit continued operation. *However, inactive and undeveloped sites should be designated SMR, Surface Mining Reserve, so that these sites will be protected for future use when the re- source materials are needed. This protection must include review of developments on adjoining land to assure campatability. *Operating sites are those which extract 50 or more cubic yards of material within twelve consec- utive months. The evidence was submitted during both hearings that this mine has been in operation for approximately 37 continuing years and has continually mined high quality of cinders from the area. Although there was some testimony and evidence submitted as to the amount of surface mining or surface mining reserve zones in the immediate area some of those are either closed pits or ones which have never been developed. The applicant is in conformance with LCDC Goals as they are applicable. Those being Goal #3 - Agricultural Lands: This pit has been in operation and is a good working mine. It will not remove any lands form agricultural lands and a good portion of the property is considered Class VI, and is not irrigated. Because of the existence of the mine and the continuous activity on that mine over more than 30 years, this land has not been farmed, is not in the agricultural inventory of farm lands, and will not have a a ~ Page 3. VOL 35 ?ArF 1.52 Z-80-18 detrimental effect upon the County because it will not reduce any agricultural lands within the County's inventory. Goal #5 - Open Spaces, Scenic and Historical Areas and Natural Resources: Although, this mine was continually mined, it was through an oversite of the owners that they failed to provide sufficient information to the County in time to have it included in the new zoning map as a working mine. Allowing this zone change will specifically meet and enhance Goal #5. In addition a site plan will be required. The applicant has established through numerous letters which are in the file, there is a constant market for the cinders produced by his mine. Although, marketability itself is not sufficient to e stablish need, it is an indication that in this area this natural resource is being used and has been used and will continue to be used if allowed to continue to operate. In addition, it did not seem to make much economic sense to require an individual who has been actively mining a cinder pit to close that mine down and try to find someone else to start a new surface mining pit in another area. The evidence submitted by the applicant at both public hearings would indicate that there is a public need for this particular mine. In addition, since this is an operating pit, it is in a better location than any other surface mine in the area which has never been an active surface mine.