2024-69-Ordinance No. 2024-003 Recorded 3/11/2024REVIEWED tA
LEGAL COUNSEL
Recorded in Deschutes County CJ2024-69
Steve Dennison, County Clerk
Commissioners' Journal 03/11 /20.24 9:42:24 AM
2024-69
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Title 23, the Deschutes County
Comprehensive Plan, to Change the
Comprehensive Plan Map Designation for
Certain Property From Surface Mine to Rural
Residential Exception Area, and Amending
Deschutes County Code Title 18, the Deschutes
County Zoning Map, to Change the Zone
Designation for Certain Property From Surface
Mining to Multiple Use Agricultural.
*
* ORDINANCE NO. 2024-003
*
*
*
*
WHEREAS, Caldera Land, LLC, applied for changes to both the Deschutes County
Comprehensive Plan Map (247-23-000547-PA) and the Deschutes County Zoning Map (247-23-
000548-ZC), to change the comprehensive plan designation of the subject property from Surface
Mining (SM) Rural Residential Exception Area (RREA), and a corresponding zone change from
Surface Mining (SM) to Multiple Use Agricultural (MUA-10); and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was
held on November 13, 2023, before the Deschutes County Hearings Officer and, January 10, 2024,
the Hearings Officer recommended approval of the Comprehensive Plan Map Amendment and
Zone Change;
WHEREAS, pursuant to DCC 22.28.030(B), in considering all quasi-judicial zone changes and
those quasi-judicial plan amendments on which the Hearings Officer has authority to make a
decision, the Board of County Commissioners shall, in the absence of an appeal or review initiated
by the Board, adopt the Hearings Officer's decision. No argument or further testimony will be
taken by the Board; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as
follows:
PAGE 1 OF 3 - ORDINANCE NO.2024-003
Section 1. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is
amended to change the plan designation for certain property described in Exhibit "A" and depicted
on the map set forth as Exhibit "B" from SM to RREA, with both exhibits attached and incorporated
by reference herein.
Section 2. AMENDMENT. DCC Title 18, Zoning Map, is amended to change the zone designation
from SM to MUA-10 for certain property described in Exhibit "A" and depicted on the map set forth as
Exhibit "C", with both exhibits attached and incorporated by reference herein.
Section 3. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as
described in Exhibit "D" attached and incorporated by reference herein, with new language
underlined.
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative
History, is amended to read as described in Exhibit "E" attached and incorporated by reference
herein, with new language underlined.
Section 5. AMENDMENT. Deschutes County Comprehensive Plan Section 5.8, Goal 5 Inventory
Mineral and Aggregate Resources, is amended to read as described in Exhibit "F" attached and
incorporated by reference herein, with deleted language set forth in strikethrough.
Section 6. AMENDMENT. The effect of rezoning the subject property to Multiple Use
Agricultural (MUA-10) will be to remove the Surface Mining Impact Area (SMIA) Combining Zone
classification associated with Mine Site 391.
Section 7. FINDINGS. The Board adopts as its findings in support of this Ordinance the
Decision of the Hearings Officer as set forth in Exhibit "G" and incorporated by reference herein.
Section 8. EFFECTIVE DATE. This Ordinance takes effect on the 90t" day after the date of
adoption.
PAGE 2 OF 3 - ORDINANCE NO.2024-003
1 l5'1—
Dated this of �-"j • , 2024 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ko C —kX-A f �__u �— -
PATTI ADAIR, Chair
dt4�
ANTHONY DEBONE, Vice Chair
ATTEST:
ii
Recording Secretary PHIL CHANG, Co missioner
Date of 15t Reading: day of 2024.
Date of 2" Reading: .21S day of � , 2024.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair X
Anthony DeBone i<
Phil Chang
Effective date: � day of _ 2024.
ATTEST
t�7
Recording Secretary
PAGE 3 OF 3 - ORDINANCE NO.2024-003
Attachment "A" To Ordinance 2024-003
Legal Description of Subject Property
A tract of land situate in the Northeast Quarter (NE1/4) of Section Twenty-one (21), Township Eighteen (18)
South, Range Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon, more particularly
described as follows:
Beginning at a point on the North line of said Section Twenty-one (21) which point is located South 89150' West
450 feetfrom the Northeast corner of said Section 21; thence South 0° 14' West on a line parallel to the East line
of said. Section 21, a distance of 2235 feet; thence West, a distance of 1300 feet; thence North 00 14' East, a
distance of 2231.17 feet to the North line of said Section 21; thence North 89°50' East along the North lute of said
Section. 21, a distance of 1300 feet to the point of beginning.
EXCEPTING THEREFROM:
Commencing at the Northeast corner of said Section Twenty-one (21); thence South 89°50' West along the North
line of said Section 21, 450.00 feet; thence South 00° 14' West on a line parallel with the East line of said Section
21, a distance of 20.00 feet to a point on the Southerly right of way line of Knott Road, being the point of
beginning; thence South 00° 14' West on a line parallel with the East line of said Section 21, 10.00 feet; thence
North 88015' West 300.10 feet, to a point on the Southerly right of way line of Knott Road; thence North 89°50
East along the Southerly right of line of Knott Road a distance of 300.00 feet to the point of beginning.
SE CALDERA DR
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City of Bend
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Legend
Plan Amendment Boundary
Bend Urban Growth Boundary
Comprehensive Plan Designation
AG -Agriculture
SM - Surface Mining
RREA - Rural Residential Exception Area
Plan Amendment from
Surface Mine (SM)
to
Rural Residential
Exception Area (RREA)
Taxlot 18-12-21-00-00200
PROPOSED
PLAN AMENDMENT
Exhibit "B"
to Ordinance 2024-003
V V
0 400 600 1,600
Feet
January 26, 2024
SE.DELTA DR
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OF COUNTY COMMISSIONERS
CHUTES,COUNTY,OREGON
Vice C
P it Cth�na✓nngg,, Commis ione��r-
ATTEST: Recording Secretary
Dated Dated this J 1 day of 2024
Effective Date: .0 °-2 2024
Legend
Zone Change Boundary
® Bend Urban Growth Boundary
County Zoning
EFUTRB - Tumalo/Redmond/Bend Subzone
MUA10 - Multiple Use Agricultural
RR10 - Rural Residential
PROPOSED
BOARD OF COUNTY COMMISSIONERS
ZONING
OF SCHU ES LINTY, OREGON
Exhibit "C"
Patti air, Ch
to Ordinance 2024-003
Anthony Degone, ice Chair
Ph' Chang, Commissioner
400 soo soo
AT EST: Recording Secretarey,
Feet
January 26, 2024
Dated this � da of :2024
Effective Date: ` 2—F--, 2024
TITLE 23 COMPREHENSIVE PLAN
CHAPTER 23.01 COMPREHENSIVE PLAN
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and
found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. [Repealed by Ordinance 2013-001, §1]
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
T. [Repealed by Ordinance 2016-027 §11
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
AC. [repealed by Ord. 2019-010 §1, 2019]
AD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
AE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
AF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
AG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
AH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
Al. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-011, are incorporated by reference herein.
A1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-006, are incorporated by reference herein.
AK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-019, are incorporated by reference herein.
AL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-016, are incorporated by reference herein.
AM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-001, are incorporated by reference herein.
AN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-002, are incorporated by reference herein.
AO. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-003, are incorporated by reference herein.
AP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-008, are incorporated by reference herein.
AQ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-007, are incorporated by reference herein.
AR. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-006, are incorporated by reference herein.
AS. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-009, are incorporated by reference herein.
AT. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-013, are incorporated by reference herein.
AU. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-002, are incorporated by reference herein.
AV. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-005, are incorporated by reference herein.
AW. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-008, are incorporated by reference herein.
AX. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-001, are incorporated by reference herein.
AY. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-003, are incorporated by reference herein.
AZ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-006, are incorporated by reference herein.
BA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-010, are incorporated by reference herein.
BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2022-011, are incorporated by reference herein. (superseded by Ord. 2023-015)
BC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2022-013, are incorporated by reference herein.
BD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2023-001, are incorporated by reference herein.
BE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-007, are incorporated by reference herein.
BF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-010 are incorporated by reference herein.
BG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-018, are incorporated by reference herein.
BH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-015, are incorporated by reference herein.
BI. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-025, are incorporated by reference herein.
B1. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2024-001, are incorporated by reference herein.
BK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2024-003, are incorporated by reference herein.
Click here to be directed to the Comprehensive Plan(http://www.deschutes.org/compplan)
HISTORY
Amended by Ord. 2011-027 §10 on 111912011
Adopted by Ord. 2011-003 §2 on 111912011
Amended by Ord. 2011-017 §5 on 1113012011
Amended by Ord. 2012-012 §1, 2, 3, 4 on 812012012
Amended by Ord. 2012-005 §1 on 1111912012
Amended by Ord. 2013-002 §1 on 11712013
Repealed by Ord. 2013-001 §1 on 11712013
Amended by Ord. 2013-005 §1 on 112312013
Amended by Ord. 2012-016 §1 on 31412013
Amended by Ord. 2013-009 §1 on 51812013
Amended by Ord. 2013-012 §1 on 81812013
Amended by Ord. 2013-007 §1 on 812812013
Amended by Ord. 2014-005 §2 on 212612014
Amended by Ord. 2014-006 §2 on 311512014
Amended by Ord. 2014-012 §1 on 81612014
Amended by Ord. 2014-021 §1 on 1112612014
Amended by Ord. 2015-029 §1 on 1113012015
Amended by Ord. 2015-010 §1 on 1212112015
Amended by Ord. 2015-021 §1 on 212212016
Amended by Ord. 2015-018 §1 on 312812016
Amended by Ord. 2016-001 §1 on 41512016
Amended by Ord. 2016-022 §1 on 912812016
Repealed & Reenacted by Ord. 2016-027 §1, 2 on 1212812016
Amended by Ord. 2016-005 §1 on 212712017
Amended by Ord. 2016-029 §1 on 312812017
Amended by Ord. 2017-007 §1 on 111112017
Amended by Ord. 2018-002 §1 on 112512018
Amended by Ord. 2018-005 §2 on 1011012018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-006 §1 on 1112012018
Amended by Ord. 2018-011 §1 on 1211112018
Amended by Ord. 2019-004 §1 on 311412019
Amended by Ord. 2019-003 §1 on 311412019
Amended by Ord. 2019-002 §1 on 41212019
Amended by Ord. 2019-001 §1 on 411612019
Amended by Ord. 2019-010 §1 on 51812019
Amended by Ord. 2019-011 §1 on 511712019
Amended by Ord. 2019-006 §1 on 611112019
Amended by Ord. 2019-019 §2 on 1211112019
Amended by Ord. 2020-001 §26 on 412112020
Amended by Ord. 2020-003 §1 on 512612020
Amended by Ord. 2020-002 §1 on 512612020
Amended by Ord. 2020-008 §5 on 912212020
Amended by Ord. 2020-007 §1 on 1012712020
Amended by Ord. 2020-006 §1 on 1111012020
Amended by Ord. 2020-009 §4 on 11/1712020
Amended by Ord. 2020-013 §1 on 1112412020
Amended by Ord. 2021-002 §3 on 412712021
Amended by Ord. 2021-005 §1 on 611612021
Amended by Ord. 2021-008 §1 on 613012021
Amended by Ord. 2022-001 §2 on 711212022
Amended by Ord. 2022-003 §2 on 711912022
Amended by Ord. 2022-006 §2 on 712212022
Amended by Ord. 2022-010 §1 on 1012512022
Amended by Ord. 2023-001 §1 on 31112023
Amended by Ord. 2022-013 §2 on 311412023
Amended by Ord. 2023-007 §19 on 412612023
Amended by Ord. 2023-010 §1 on 612112023
Amended by Ord. 2023-018 §1 on 813012023
Amended by Ord. 2023-015 §3 on 911312023
Amended by Ord. 2023-025 §1 on 1112912023
Amended by Ord. 2024-001§1 on 0113112024
Amended by Ord. 2024-003§3 on 0212112024
Sect'ovx, 57.12 Leo'LsLatWe Wstor�
Background
This section contains the legislative history of this Comprehensive Plan.
Table 5.12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
201 1-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Deschutes Junction,
Comprehensive Plan update
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
201 1-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
ensure a smooth transition to
23.40A, 23.40B,
the updated Plan
23.40.065, 23.01.010
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/ 1 1-19-12
3.7 (revised), Appendix C
System Plan
(added)
2012-012
8-20-12/8-20-12
4.1, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/ 1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009
2-6-13/5-8-13
1.3
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
Count
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Map
2013-016
10-21-13/ 10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
1 1-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9- 15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Text and
2015-010
12-2-15/ 12-2-15
2.6
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area
Comprehensive Plan
Amendment to add an
'
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
Count
Comprehensive Plan
Amendment recognizing non-
2016-005
1 1-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/ 1 1-14-16
23.01.010, 1.3, 4.2
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/ 12/28/ 16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/ 10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18/ 1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/ 1 1-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-01 1
9-12-18/ 12-1 1-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/ 10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/ 10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019-002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventor
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Map
Amendment changing
designation of certain
2019-003
02-12-19/03-12-19
23.01.010, 4.2
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
2019-004
02-12-19/03-12-19
23.01.010, 4.2
Redmond Urban Growth
Area for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
2019-01 1
05-01-19/05-16/ 19
23.01.010, 4.2
refinement of the West Area
Master Plan Area I boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan Map
Amendment, changing
2019-006
03-13-19/06-1 1-19
23.01.010,
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan and Text
amendments incorporating
language from DLCD's 2014
2019-016
1 1-25-19/02-24-20
23.01.01, 2.5
Model Flood Ordinance and
Establishing a purpose
statement for the Flood Plain
Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan and Text
amendments to provide
procedures related to the
2019-019
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
Comprehensive Plan and Text
amendments to provide
procedures related to the
2020-001
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
Comprehensive Plan Map
Amendment to adjust the
Redmond Urban Growth
Boundary through an equal
exchange of land to/from the
Redmond UGB. The exchange
property is being offered to
better achieve land needs that
2020-002
2-26-20/5-26-20
23.01.01, 4.2, 5.2
were detailed in the 2012 SB
1544 by providing more
development ready land
within the Redmond UGB.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan
Amendment with exception
to Statewide Planning Goal 11
2020-003
02-26-20/05-26-20
23.01.01, 5.10
(Public Facilities and Services)
to allow sewer on rural lands
to serve the City of Bend
Outback Water Facility.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan
Transportation System Plan
Amendment to add
roundabouts at US 20/Cook-
2020-008
06-24-20/09-22-20
23.01.010, Appendix C
O.B. Riley and US 20/Old
Bend -Redmond Hwy
intersections; amend Tables
5.3.T I and 5.332 and amend
TSP text.
Housekeeping Amendments
2020-007
07-29-20/ 10-27-20
23.01.010, 2.6
correcting references to two
Sage Grouse ordinances.
Comprehensive Plan and Text
amendments to update the
County's Resource List and
2020-006
08-12-20/ 1 1-10-20
23.01.01, 2.1 1, 5.9
Historic Preservation
Ordinance to comply with the
State Historic Preservation
Rule.
Comprehensive Plan
Transportation System Plan
Amendment to add reference
2020-009
08-19-20/ 1 1-17-20
23.01.010, Appendix C
to J turns on US 97 raised
median between Bend and
Redmond; delete language
about disconnecting
Vandevert Road from US 97.
Comprehensive Plan Text
And Map Designation for
Certain Properties from
Surface Mine (SM) and
Agriculture (AG) To Rural
2020-013
08-26-20/ 1 1 /24/20
23,01,01, 5.8
Residential Exception Area
(RREA) and Remove Surface
Mining Site 461 from the
County's Goal 5 Inventory of
Significant Mineral and
Aggregate Resource Sites.
Comprehensive Plan Map
2021-002
01-27-21 /04-27-21
23.01.01
Designation for Certain
Property from Agriculture
AG To Rural Industrial RI
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Map
Amendment Designation for
Certain Property from
2021-005
06-16-21 /06-16-21
23.01.01, 4.2
Agriculture (AG) To
Redmond Urban Growth
Area (RUGA) and text
amendment
Comprehensive Plan Map
Amendment Designation for
Certain Property Adding
2021-008
06-30-21 /09-28-21
23.01.01
Redmond Urban Growth
Area (RUGA) and Fixing
Scrivener's Error in Ord.
2020-022
Comprehensive Plan Map
Amendment, changing
2022-001
04-13-22/07-12-22
23.01.010
designation of certain
property from Agriculture
(AG) to Rural Residential
Exception Area RREA
Comprehensive Plan Map
Amendment, changing
2022-003
04-20-22/07-19-22
23.01.010
designation of certain
property from Agriculture
(AG) to Rural Residential
Exception Area RREA
Comprehensive Plan Map
Amendment, changing
designation of certain
2022-006
06-22-22/08-19-22
23.01.010
property from Rural
Residential Exception Area
(RREA) to Bend Urban
Growth Area
07-27-22/ 10-25-22
Comprehensive Plan Map
2022-01 1
(superseded by
23.01.010
Designation for Certain
Ord. 2023-015)
Property from Agriculture
AG To Rural Industrial RI
Comprehensive Plan Map
Designation for Certain
2022-013
12-14-22/03-14-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area RREA
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Housekeeping Amendments
correcting the location for the
2023-001
03-01-23/05-30-23
23.01.010, 5.9
Lynch and Roberts Store
Advertisement, a designated
Cultural and Historic
Resource
Comprehensive Plan Map
Designation for Certain
2023-007
04-26-23/6-25-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
Designation for Certain
2023-010
06-21-23/9-17-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
Designation for Certain
2023-018
08-30-23/ 1 1-28-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
2023-015
9-13-23/ 12-12-23
23.01.010
Designation for Certain
Property from Agriculture
(AG) to Rural Industrial (RI)
Comprehensive Plan Map
Amendment, changing
designation of certain
2023-025
1 1-29-23/2-27-24
23.01.010
property from Rural
Residential Exception Area
(RREA) to Bend Urban
Growth Area
Comprehensive Plan Map
Amendment, changing
designation of certain
2024-001
01-31-24/4-30-24
23.01.010
property from Rural
Residential Exception Area
(RREA) to Bend Urban
Growth Area
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Comprehensive Plan Map
Amendment, changing
designation of certain
2024-003 2-21-24/5-21-24 23.01.010, 5.8 property from Surface Mining
(SM) to Rural Residential
Exception Area (RREAL
Modifying Goal 5 Mineral and
Aggregate Inventor
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 10
CHAPTER S SUPPLEMENTAL SECTIONS SECTION S.12 LEGISLATIVE HISTORY
SCctiow � 8 cjoGtl, 61 wvCwtoYU
ML'weraL awd Aggregate tzesou.rces
Background
This section contains information from the 1979 Deschutes County Comprehensive Plan as
revised. It lists the surface mining resources in Deschutes County. These inventories have been
acknowledged by the Department of Land Conservation and Development as complying with
Goal 5. No changes have been proposed for the 2010 Comprehensive Plan update.
Table 5.8.1 — Deschutes County Surface Mining Mineral and Aggregate Inventory
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
151010-00-
246
00205, 207,
Tewalt
S & G
10,000
Good
Hwy 20
300, 302, 303
248
151012-00-
Cyrus
Cinders
30.2 M
Excellent
Cloverdale Road
00100
151211-DO-
251
01400, 151214-
Cherry
S & G
125,000
Good
AO-00800
252
151200-00-
Thornburgh
Rock
2.5 M
Good
04700, 04701
271
151036-00-
Deschutes
S & G
2 M
Mixed
Harrington Loop
00800
Count
Road
Fryrear
273
151117-00-
Deschutes
S & G
75,000
Excellent
Rd/Redmond-
00100
County
Sisters
274
151117-00-
Deschutes
S & G
Excellent
Fryrear Road
00700
Count
275
151 100-00-
Deschutes
S & G
175,000
Good
Fryrear Landfill
02400
Count
277
15101 1-00-
Oregon State
S & G
100,000
ODOT
01 100
H
Secs
151 140-AO-
State of
ODOT
278
00901, 15121 1-
Oregon
S & G
18,000
Specs
DO-01200
282
171000-00-
Crown Pacific
Cinders
100,000
Fair
00100
283
171000-00-
Crown Pacific
Cinders
50,000
Fair
00100
288
171 1 1 1-00-
Tumalo
S& G
250,000
Good
00700
Irrigation
292
171 1 12-00-
RL Coats
S & G
326,000
ODOT
00900
Secs
171 12-00-
293
00500, 600,
RL Coats
S & G
3 M
ODOT
700,800
Secs
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 29
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
296
171 100-00-
Crown Pacific
Cinders
100,000
Excellent
Shevlin
02702
Park/Johnson Rd
297
171 123-00-
Crown Pacific
Cinders
60,000
Johnson
00100
Rd/Tumalo
303
171207-00-
Cascade
Pumice
750,000
Good
00300
Pumice
303
171207-00-
Cascade
S & G
10,000
Good
00300
Pumice
313
171433-00-
Deschutes
S & G
100,000
Good
00600
Count
313
171433-00-
Deschutes
Storage
Dodds
00600, 120
Count
Road/Alfalfa
314
171332-00-
Deschutes
Dirt
150,000
Good
01100
Count
315
140900-00-
Stott
Rock
93,454 tons
ODOT
Highway 20
02100
Secs
316
140900-00-
Black Butte
S & G
7 M
Good
00202
Ranch
317
140900-00-
Willamette
Cinders
1.2 M
Good
01300
Ind
Lower
322
141200-00-
Fred Gunzner
S & G
1.5 M
Mixed
Bridge/Terrebonn
01801
e
Lower
322
141200-00-
Gunzner
Diatomite
500,000
Good
Bridge/Terrebonn
01801
e
Lower
324
141200-00-
ODVA
S & G
490,000
Good
Bridge/Terrebonn
00702
e
326
141236-00-
US Bank
S & G
1.5 M
Good
00300, 301
Trust
330
141328-00-
Larry Davis
Cinders
50,000
Good
00702, 703
331
141329-00-
EA Moore
Cinders
100,000
Good
00100, 103
332
141329-00-
RL Coats
Cinders
2 M
Good
Northwest
00102
Wa /Terrebonne
333
141329-00-
Robinson
Cinders
2.7 M
Good
00104
141333-00-
Pershall
335
Erwin
Cinders
100,000
Excellent
00890
Way/Redmond
336
141333-00-
US Bank
Cinders
4.5 M
Good
Cinder
00400, 500
Trust
Butte/Redmond
339
141132-00-
Deschutes
Dirt
200,000
Fill
Goodard
01500
CountyLoop/Bend
341
161000-00-
Young &
S & G
I M
Good
00106
Morgan
30 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
342
220900-00-
Crown Pacific
Cinders
200,000
Good
00203
345
161000-00-
Crown Pacific
Cinders
50,000
Good
01000
346
161000-00-
Crown Pacific
Cinders
50,000
Good
01000
347
161101-00-
Deschutes
Dirt
10,000
Good
00300
Count
161 1 12-00-
Innes Mkt/Innes
351
01401, 1700,
Gisler/Russell
Cinders
150,000
Good
Butte
2000
161136-DO-
357
00100, 161 100-
Tumalo
Cinders
I M
Johnson
00-10400,
Irrigation
Road/Tumalo
10300
161136-DO-
357
00100, 161 100-
Tumalo
S & G
500,000
Good
00-10400,
Irrigation
10300
161 136-DO-
357
00100, I61100-
Tumalo
Pumice
500,000
Good
00-10400,
Irrigation
10300
358
161231-DO-
Gisler
S & G
100,000
ODOT
Hwy 20/Tumalo
01100
Secs
361
161222-CO-
Oregon State
Cinders
700,000
Good
02800
Hwy
366
161230-00-
Oregon State
c & G
40,000
ODOT
00000
HwySecs
368
161220-00-
Bend
S & G
570,000
Excellent
Twin
00200
Aggregate
Bridges/ umalo
Bend
370
161231-DO-
Aggregate
Storage
00400
Plant Site
379
181 100-00-
Oregon State
S & G
500,000
ODOT
01600
H
Secs
181 125-CO-
381
12600, 181 126-
Pieratt Bros
Cinders
50,000
Good
00-01600
390
181214-00-
Deschutes
Dirt
2 M
Landfill
00500, 100
Count
3-400280
g i� i�0-
Central^ten
Cinders
500,000
Geed
P
392
181223-00-
Rose
Rock
10 M Est
Mixed
00300
392
181223-00-
Rose
Dirt
7.5 M
Good
00300
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 31
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
393
181225-00-
LT
Cinders
12.5 M
Good
Arnold Mkt Rd/SE
01400
Contractors
of Bend
181200-00-
Hwy 97/South of
394
04400, 0441 1
Windlinx
Cinders
270,000
Coarse
Bend
395
181200-00-
Oregon State
Cinders
100,000
Good
04300
Hwy
400
181300-00-
Eric Coats
S & G
2.5 M
ODOT
04501,04502
Secs
404
191400-00-
Moon
S & G
1.3 M
Good
00200
404
191400-00-
Moon
Rock
800,000 - 2 M
Good
Hwy 20/East of
00200
Bend
405
191400-00-
Oregon State
Aggregate
50,000
ODOT
00600
H
Secs
408
191600-00-
RL Coats
S & G
3 M
Good
01500
201 S00-00-
Deschutes
Good/Ex
Hwy 20/East of
413
01400
Countycellent
S & G
30,000
Bend
201500-00-
Deschutes
Good/Ex
Hwy 20/East of
414
01500
Countycellent
S & G
30,000
Bend
201716-00-
Deschutes
Good/Ex
Hwy 20/East of
415
00700
Countycellent
S & G
30,000
Bend
201716-00-
Deschutes
Good/Ex
Hwy 20/East of
416
00200
Countycellent
S & G
30,000
Bend
201716-00-
Deschutes
Good/Ex
Hwy 20/East of
417
00900
Countycellent
S & G
30,000
Bend
201716-00-
Deschutes
Good/Ex
Hwy 20/East of
418
01000
Countycellent
S & G
30,000
Bend
201716-00-
Deschutes
Good/Ex
Hwy 20/East of
419
01300
Countycellent
S & G
30,000
Bend
421
212000-00-
RL Coats
S & G
500,000
Excellent
Hwy 20/Tumalo
00900
423
21 1 106-CO-
Ray Rothbard
S & G
100,000
Good
00700
426
21 1 100-00-
La Pine Redi-
S & G
I M
Good
00702
Mix
427
21 1 100-00-
Bill Bagley
S & G
40,000
Good
00701
431
221 100-00-
Russell
Cinders/
12 M/ 1.2 M
Good
Finley Butte
00600
Rock
432
221 100-00-
State of
Cinders
160,000
Good
00500
Oregon
433
21 1300-00-
La Pine
Lump
10 M
Excellent
00101
Pumice
Pumice
441
150903-00-
Willamette
S& G
I I M
Good
00300
Ind
442
150909-00-
Willamette
S & G
6 M
Good
00400
Ind
32 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES
#
Taxiot
Name
Type
Quantity*
Quality
Access/Location
443
150917-00-
Willamette
Rock
150,000
Fair
00600
Ind
453
161209, 10-00-
Robert
S & G
704,000
ODOT
00600, 301
Fullhart
Secs
459
141 131-00-
Deschutes
Cinders
50,000
Good
05200
County
465
141333-00-
Oregon State
Cinders
100,000
Good
00900
Hwy
466
141333-00-
Fred Elliott
Cinders
5.5 M
Good
00600
467
141333-00-
Knorr Rock
Cinders
5 M
Good
00601
Co
469
141 131-00-
Deschutes
Cinders
2 M
Fair
00100
Count
475
151012-00-
Deschutes
Cinders
200,000
Good
Cloverdale Road
00600
Count
482
151300-00-
Deschutes
Dirt
2 M
Good
Negus Landfill
00103
Count
161230-00-
ODD
488
00100, 600,
rate
Aggregate
S & G
400,000
Specs
S
2000, 2100
496
191400-00-
Taylor
S & G
1.8 M
Mixed
Hwy 20
00500
498
191400-00-
Oregon State
S & G
200,000
ODOT
02200
H
Secs
499
191533-00-
Oregon State
S & G
50,000
ODOT
00200
Hwy
Specs
500
191500-00-
Oregon State
S & G
130,000
ODOT
00099
HwySecs
501
191500-00-
Oregon State
S & G
50,000
ODOT
01600
H
Secs
503
191600-00-
Oregon State
S & G
200,000
ODOT
01300
H
Secs
505
201600-00-
Oregon State
S & G
275,000
ODOT
00400
H
Secs
506
201600-00-
Oregon State
S & G
36,000
ODOT
00600, 700, 800
Hwy
Secs
508
201700-00-
State of
S & G
100,000
ODOT
01000
Oregon
Secs
515
201801-00-
Oregon State
S & G
100,000
ODOT
00100
H
Secs
522
21 1900-00-
Oregon State
S & G
300,000
ODOT
01000
H
Secs
524
212000-00-
Oregon State
S & G
300,000
ODOT
01900
H
Secs
528
2221 10-00-
Oregon State
S & G
45,000
ODOT
00600
H
Secs
DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011 33
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES
#
Taxlot
Name
Type
Quantity*
Quality
Access/Location
529
221 100-00-
Oregon State
S & G
31,000
ODOT
00300
H
Secs
533
222100-00-
Oregon State
S & G
I M
ODOT
00800
Hwy
Secs
141035-00-
02000, 2100,
Inc Portions TL
541
2200, 2300,
Cyrus
Aggregate
528,000
Good
1800/ 1900
2400, 2500,
2600
542
151001-00-
Swarens
Aggregate
80,000
Good
02700
543
151013-00-
Cyrus
Aggregate
1.1 M
Good
00100
600
191400-00-
Robinson
S & G
3.8 M
Good
Hwy 20/East of
00700
Bend
601
21 1 100-00-
La Pine Redi
S & G
479,000
DEQ
Paulina Lake Road
00700
Mix
Secs
* Quantity in cubic yards unless otherwise noted
Source: 1979 Deschutes County Comprehensive Plan as revised
Table 5.8.2 — Deschutes County Non -Significant Mining Mineral and Aggregate
Inventory
Site #
Taxlot
Name
Type
Quantity*
Comments
Whychus
Creek
15-10-14-700
Irrigation
Silt, sand,
200,000 cy
Reservoir Size is
100
District—
& dirt
80 acres.
Watson
Reservoir I.
Whychus
Creek
15-10-14-700
Irrigation
sand & dirt
600,000 cy
Reservoir size is
101
District—
40 acres.
Watson
Reservoir II.
Whychus
Creek
14-1 1-33-500
Irrigation
Silt, sand,
100,000 cy
Reservoir size is
102
District—
& dirt
12 acres
McKenzie
Reservoir
Whychus
Creek
Reservoir
Irrigation
Sand &
250,000 to
103
14-I I-33-500
District—
dirt
300,000 cy
expansion size is
20 acres
McKenzie
Reservoir
34 DESCHUTES COUNTY COMPREHENSIVE PLAN — 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES
Site # I Taxiot I Name I Type I Quantity* I Comments
* Quantity in cubic yards unless otherwise noted
Source: 1979 Deschutes County Comprehensive Plan as revised
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011 35
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.8 SURFACE MINING INVENTORIES
RECOMMENDATION AND FINDINGS OF
THE DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBERS:
HEARING DATE:
HEARING LOCATION:
APPLICANT:
OWNER/
SUBJECT PROPERTY:
247-23-000547-PA, 247-23-000548-ZC
November 13, 2023, 6:00 p.m.
Videoconference and
Barnes & Sawyer Rooms
Deschutes Services Center
1300 NW Wall Street
Bend, OR 97708
Caldera Land, LLC
Miller Pit LLC
Map and Taxlot: 1812210000200
Account: 110218
Situs Address: N/A
REQUEST: Applicant requests approval of a Comprehensive Plan Amendment
to change the designation of the Subject Property from Surface Mine
(SM) to Rural Residential Exception Area (RREA). Applicant also
requests a corresponding Zone Change to rezone the Subject
Property from Surface Mining to Multiple Use Agricultural (MUA-
iv).
HEARINGS OFFICER: Tommy A. Brooks
SUMMARY OF RECOMMENDATION: The Hearings Officer finds that the Applicant has met its
burden of proof with respect to the requested Comprehensive Plan Amendment and Zone Change and,
therefore, recommends APPROVAL of the Application based on the Findings set forth in this
Recommendation.
I. APPLICABLE STANDARDS AND CRITERIA
Title 18 of the Deschutes County Code, the County Zoning Ordinance:
Chapter 18.04, Title, Purpose, and Definitions
Chapter 18.32, Multiple Use Agricultural (MUA10)
Chapter 18.52, Surface Mining (SM)
Chapter 18.136, Amendments
Title 22, Deschutes County Development Procedures Ordinance
Page I 1
Deschutes County Comprehensive Plan
Chapter 2, Resource Management
Chapter 3, Rural Growth Management
Appendix C, Transportation System Plan
Oregon Administrative Rules (OAR), Chapter 660
Division 12, Transportation Planning
Division 15, Statewide Planning Goals and Guidelines
Division 23, Procedures and Requirements for Complying with Goal 5
II. BACKGROUND AND PROCEDURAL FINDINGS
A. Nature of Proceeding
This matter comes before the Hearings Officer as a request for approval of a Comprehensive Plan Map
Amendment ("Plan Amendment") to change the designation of the Subject Property from Surface Mining
(SM) to Rural Residential Exception Area (RREA). The Applicant also requests approval of a
corresponding Zoning Map Amendment ("Zone Change") to change the zoning of the Subject Property
from Surface Mining (SM) to Multiple Use Agricultural (MUA10). If approved, the Plan Amendment
would also remove the Subject Property, designated as "Site No. 391 ", from the County's Goal 5 inventory
of significant mining resources.
The primary bases of the request in the Application are the Applicants' assertions that: (1) the Subject
Property has been mined to the extent that it no longer qualifies as a significant Goal 5 resource; and (2)
the Subject Property does not qualify as "agricultural land" under the applicable provisions of the Oregon
Revised Statutes or Oregon Administrative Rules governing agricultural land. Based on those assertions,
the Applicant is not seeking an exception to Statewide Planning Goal 3 for the Plan Amendment or Zone
Change.
B. Notices and Hearing
The Application is dated June 23, 2023. On July 7, 2023, the County issued a Notice of Application to
several public agencies and to property owners in the vicinity of the Subject Property (together,
"Application Notice"). The Application Notice invited comments on the Application. The County also
provided notice of the Plan Amendment to the Department of Land Conservation and Development on
October 9, 2023.
The County mailed a Notice of Public Hearing on October 10, 2023 ("Hearing Notice") announcing an
evidentiary hearing ("Hearing") for the requests in the Application. Pursuant to the Hearing Notice, I
presided over the Hearing as the Hearings Officer on November 13, 2023, opening the Hearing at 6:00
p.m. The Hearing was held via videoconference, with Staff and representatives of the Applicant in the
hearing room. The Hearings Officer appeared remotely. The Hearing concluded at 6:51 p.m.
Page 12
Prior to the Hearing, on November 7, 2023, the Deschutes County Planning Division ("Staff') issued a
report setting forth the applicable criteria and presenting the evidence in the record at that time ("Staff
Report").
At the beginning of the Hearing, I provided an overview of the quasi-judicial process and instructed
participants to direct comments to the approval criteria and standards, and to raise any issues a participant
wanted to preserve for appeal if necessary. I stated I had no ex parte contacts to disclose or bias to declare.
I asked for but received no objections to the County's jurisdiction over the matter or to my participation
as the Hearings Officer.
Prior to the conclusion of the Hearing, Staff recommended, and the Applicant agreed to, leaving the
written record open to take additional evidence. At the conclusion of the Hearing, I announced that the
written record would remain open: (1) until November 20, 2023, for any participant to provide additional
evidence ("Open Record Period"); (2) until November 27, 2023, for any participant to provide rebuttal
evidence to evidence submitted during the Open Record Period; and (3) until December 4, 2023, for the
Applicant only to provide a final legal argument, without additional evidence.
C. 150-day C� lock
Because the Application includes the request for the Plan Amendment, the 150-day review period set forth
in ORS 215.427(1) is not applicable.' The Staff Report also notes that the 150-day review period is not
applicable by virtue of Deschutes County Code ("DCC" or "Code") 22.20.040(D). No participant in the
proceeding disputed that conclusion.
III. SUBSTANTIVE FINDINGS AND CONCLUSIONS
A. Staff Report
On November 7, 2023, Staff issued the Staff Report, setting forth the applicable criteria and presenting
evidence in the record at that time.
The Staff Report does not make a final recommendation. However, the Staff Report does make several
findings with respect to the approval standards. Because much of the information, analysis, and findings
provided in the Staff Report are not refuted, portions of the findings below refer to the Staff Report and,
in some cases, adopt sections of the Staff Report as my findings. In the event of a conflict between the
findings in this Decision and the Staff Report, the findings in this Decision control.
B. Code, Plan, and Statewide Planning Goal Findings
The legal criteria applicable to the requested Plan Amendment and Zone Change were set forth in the
Application Notice and appear in the Staff Report. No participant in this proceeding asserted that those
criteria do not apply, or that other criteria are applicable. This Recommendation therefore addresses each
of those criteria, as set forth below.
ORS 215.427(7).
Page 13
1. Title 18 of the Deschutes County Code, County Zoning
Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative
map changes shall be as set forth in DCC 22.12. A request by a property owner.for a quasi-
judicial map amendment shall be accomplished by filing an application on forms provided by the
Planning Department and shall be subject to applicable procedures of DCC Title 22.
The Applicant submitted the Application with the consent of the owner of the Subject Property, as
evidenced by the owner's signature on the Application form. The Applicant has requested a quasi-judicial
Plan Amendment and filed the Application for that purpose, together with the request for a Zone Change.
It is therefore appropriate to review the Application using the applicable procedures contained in Title 22
of the Deschutes County Code.
Section 18.136.020, Rezoning Standards
The applicant for a quasi-judicial rezoning must establish that the public interest is best served
by rezoning the property. Factors to be demonstrated by the applicant are. -
A. That the change conforms with the Comprehensive Plan, and the change is consistent with
the plan's introductory statement and goals.
According to the Applicant, with which the Staff Report agrees, the County's application of this Code
provision does not involve the direct application of the Plan's introductory statements and goals as
approval criteria. Rather, consistency with the Plan can be determined by assessing whether the proposal
is consistent with specific Plan goals and policies that may be applicable to the proposal.
The Applicant identified multiple Plan goals and policies it believes are relevant to the Application.
Among those goals and policies are those set forth in: (1) Section 2.4 of Chapter 2, relating to Goal 5
resources; (2) Section 2.10 of Chapter 2, relating to surface mining; (3) Section 3.3 of Chapter 3, relating
to rural housing; and (4) Section 3.4 of Chapter 3, relating to the rural economy. The Application explains
how the Plan Amendment and Zone Change is consistent with these goals and policies. No participant
disputes the Applicant's characterization of the goals and policies, asserts the Application is inconsistent
with those goal and policies, or identifies other goals and policies requiring consideration. Separate
findings appear below relating to the identified Comprehensive Plan policies.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
2 See page 15-17 of the Application narrative prepared by AKS Engineering and Forestry ("Application Narrative")
Page 14
B. That the change in classification for the subject property is consistent with the purpose and
intent of the proposed zone classification.
The Applicant and Staff each offer evidence and argument with respect to the purpose of the MUA-10
zone. The purpose of the MUA-10 zoning district is stated in DCC 18.32.010 as follows:
The purposes of the Multiple Use Agricultural Zone are to preserve the
rural character of various areas of the County while permitting development
consistent with that character and with the capacity of the natural resources
of the area; to preserve and maintain agricultural lands not suited to full-
time commercial farming for diversified or part-time agricultural uses; to
conserve forest lands for forest uses; to conserve open spaces and protect
natural and scenic resources; to maintain and improve the quality of the
air, water and land resources of the County; to establish standards and
procedures for the use of those lands designated unsuitable for intense
development by the Comprehensive Plan, and to provide for an orderly
and efficient transition from rural to urban land use.
According to the Applicant, the Subject Property is not suited to commercial farming. The MUA-10 zone
will instead allow the owners to engage in low -density development allowed by the MUA-10 zone, which
will conserve open spaces and protect natural and scenic resources. As a result, the Applicant asserts that
the MUA-10 zoning provides a proper transition zone from urban to EFU zoning. The Staff Report agrees
that the change in classification is consistent with the purpose and intent of the MUA10 Zone.
The record contains several comments expressing potential concerns arising from residential development
on the Subject Property. Those comments, however, are based on the fact that no specific development is
yet proposed, and those comments do not assert that the change to MUA-10 is inconsistent with the
purpose of that zone.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
C. That changing the zoning will presently serve the public health, safety and welfare
considering the following factors:
The availability and efficiency ofproviding necessary public services and facilities.
As noted in the Staff Report, this criterion specifically asks if the Zone Change will presently serve public
health, safety, and welfare. The Applicant provided the following as support for why this criterion is met:
Necessary public facilities and services are available to serve the Subject Property
Transportation access to the Subject Property is available, and the impact of increased traffic on
the transportation system is non-existent and, to the contrary, the planned rezone results in a
reduction in the trip generation potential
The Subject Property receives police services from the Deschutes County Sheriff and fire service
Page 15
from Rural Fire Protection District # 2, which has a fire station 1.4 miles from the Subject Property
• The close proximity of the Subject Property to urban development will allow for efficient service
provision of water, electric, and telephone, which already exist on surrounding properties
The Staff Report acknowledges that no service issues have been identified for the Subject Property. The
Staff Report also confirms that, prior to development of the Subject Property, the Applicant would be
required to comply with the applicable requirements of the Code, at which time assurances of adequate
public services and facilities will be verified.
Comments in the record express concerns about the adequacy of water supplies for agriculture or irrigation
purposes. Those comments do not expressly state that this Code provision is not satisfied, but they do
provide testimony that the Arnold Irrigation District has not supplied adequate water in recent years and
that inadequate water poses increased fire risks if the Subject Property is developed with residential uses.
The Applicant relies on a service provider letter from Avion Water Company, Inc. That letter confirms
that Avion is able to serve the Subject Property and can provide water both for domestic purposes and for
fire flow. No participant challenges Avion's ability to serve the Subject Property.
Based on the foregoing, I find that services are currently available and sufficient for the Subject Property,
and that they can remain available and sufficient if the Subject Property is developed under the MUA-10
zone. I therefore find this Code provision is satisfied.
2. The impacts on surrounding land use will be consistent with the specific goals and
policies contained within the Comprehensive Plan.
The Applicant asserts the following:
Any potential impacts on surrounding land would be minimal due to the
consistent zoning and the fact that most of the surrounding MUA-10
properties are less than five acres in size, have been subdivided, and contain
residential uses. Regardless, the development and uses permitted under the
MUA-10 Zone are far less impactful to surrounding land than uses
permitted under the SM Zone. Applicable Comprehensive Plan goals and
polices are addressed in the responses above. The standards are met.
The Staff Report agrees that the Applicant has demonstrated the impacts on surrounding land use will be
consistent with the specific goals and policies contained within the Plan. Some testimony in the record
expresses concerns about the impact of future development on the Subject Property, but that testimony
does not assert that any potential impacts are inconsistent with Plan goals and policies. Nor does that
testimony dispute the Applicant's characterization of the applicable goals and policies.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
Page 16
D. That there has been a change in circumstances since the property was last zoned, or a mistake
was made in the zoning of the property in question.
According to the Applicant, a change in circumstances exists because the Subject Property has been mined
and reclaimed, meaning there are no longer any viable uses for the Subject Property under the SM zone.
The Staff Report agrees that the termination of mining and the reclamation of the Subject Property
constitute a change in circumstances. No other participant appears to dispute those arguments or otherwise
assert that there has been no change in circumstances.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that this
Code provision is satisfied.
Section 18.52, Surface Mining Zone
Section 18.52.200, Termination of the Surface Mining Zoning and Surrounding Surface Mining
Impact Area Combining Zone
A. When a surface mining site has been.fully or partially mined, and the operator demonstrates
that a significant resource no longer exists on the site, and that the site has been reclaimed in
accordance with the reclamation plan approved by DOGAMI or the reclamation provisions
of DCC 18, the property shall be rezoned to the subsequent use zone identified in the surface
mining element of the Comprehensive Plan.
The Applicant provided information documenting that the Subject Property no longer has a significant
resource. The Subject Property has been mined since the late 1940's. No participant in opposition to the
Application asserts that any mineable resource remains, much less a significant resource. The Applicant
has also documented that DOGAMI has acknowledged the reclamation of the site.
Based on the foregoing, the Code contemplates that a reclaimed site will be rezoned. The Code specifically
provides that a reclaimed site will be rezoned to the "subsequent use zone identified in the surface mining
element of the Comprehensive Plan." For the Subject Property, the surface mining element of the
Comprehensive Plan does not identify a subsequent use zone.
A comment submitted by Central Oregon LandWatch ("COLW") asserts that the subsequent use zone for
the Subject Property is "agriculture". The sole basis of COLW's comment is that "[t]he only subsequent
use zone identified anywhere, in both the property's reclamation plan on file with DOGAMI and in the
1979 Comprehensive Plan, is Agriculture." COLW points to the County's original Comprehensive Plan
Map, on which the Subject Property appears to be depicted as "agriculture". COLW also points to the
1974 Reclamation Plan Guideline submitted to DOGAMI in which the property owner indicated that the
"planned subsequent `beneficial use' of the permit area" would be "Immediate — Agriculture (pasture)".
The Applicant responds, and I agree, that COLW's assertion is misplaced for several reasons. First, this
Code provision refers not just to any identified subsequent use, but rather to the "subsequent use zone
identified in the surface mining element of the Comprehensive Plan." That is a very specific reference,
and the surface mining element of the Comprehensive Plan contains a specific table that identifies a
Page 17
subsequent use zone for various properties in the Surface Mining Zone. Second, even if the 1979
Comprehensive Plan Map were relevant, the County has since made a determination that the Map was in
error for the Subject Property, and the Subject Property was not "agriculture" as COLW suggests. Finally,
the 1974 Reclamation Plan Guideline COLW relies on is also irrelevant. That document asked the property
owner to identify a subsequent "beneficial use" and does not itself refer to what zone was contemplated.
Even so, the portion of that document COLW relies on is not a complete characterization of the subsequent
beneficial use the property owner anticipated. That document also states that, beyond the immediate
pasture use, the long-term use was unknown but could be a race track or stadium.
Based on the foregoing, I find that a Plan Amendment and Zone Change is available to the Applicant as
long as all other criteria are satisfied, and the Code does not require the Applicant to change the zoning of
the Subject Property to an agriculture use.
B. Concurrent with such rezoning, any surface mining impact area combining zone which
surrounds the rezoned surface mining site shall be removed. Rezoning shall be subject to
DCC 18.136 and all other applicable sections of DCC 18, the Comprehensive Plan and DCC
Title 22, the Uniform Development Procedures Ordinance.
As described in the Staff Report, this criterion is contingent upon approval of the Application and, if
approved, the Surface Mining Impact Area Combining Zone would also be removed from affected
surrounding properties. No participant objects to that description. Based on the foregoing, I find that this
Code provision will be implemented if the Application is approved as part of the final action by the
County's Board of Commissioners ("Board").
2. Deschutes County Comprehensive Plan Goals and Policies
The Applicant and Staff Report both identify several Comprehensive Plan goals and policies potentially
relevant to this Application. Staffs discussion of those goals and policies appears on pages 12 through 19
of the Staff Report. No participant in this proceeding identified other applicable goals and policies or
otherwise asserted that the proposal is inconsistent with the plans and policies the Applicant and Staff
identified. I therefore adopt the findings in the Staff Report as my findings relating to the Comprehensive
Plan goals and policies.
3. Oregon Administrative Rules
The Applicant and Staff agree that the Transportation Planning Rule — OAR 660-012-00060 — is relevant
to the Plan Amendment and Zone Change. Only the Applicant and Staff address that rule.
OAR 660-012-0060
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation. facility, then the local government must put in place measures as provided
in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of
Page 18
this rule. A plan or land use regulation amendment significantly affects a transportation
,facility if it would:
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection
based on projected conditions measured at the end of the planning period identified
in the adopted TSP. As part of evaluatingprojected conditions, the amount of traffic
projected to be generated within the area of the amendment may be reduced if the
amendment includes an enforceable, ongoing requirement that would
demonstrably limit traffic generation, including, but not limited to, transportation
demand management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility
such that it would not meet the performance standards identified in the TSP
or comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility
that is otherwise projected to not meet the performance standards identified
in the TSP or comprehensive plan.
I find that this administrative rule is applicable to the Plan Amendment and the Zone Change because they
involve an amendment to an acknowledged comprehensive plan. The Applicant asserts that its proposal
will not result in a significant effect to the transportation system. In support of that assertion, the Applicant
submitted a transportation impact analysis memorandum dated March 22, 2023, prepared by traffic
engineer, Joe Bessman, PE. No participant to this proceeding disputed the information in the impact
analysis or otherwise objected to the use of that information.
The County's Transportation Planner agreed with the report's conclusions. As a result, the Staff Report
finds that the Plan Amendment and Zone Change will comply with the Transportation Planning Rule.
Based on the foregoing, and in the absence of any countervailing evidence or argument, I find that the
Application satisfies this administrative rule.
Page 19
4. Statewide Planning Goals
Division 15 of OAR chapter 660 sets forth the Statewide Planning Goals and Guidelines, with which all
comprehensive plan amendments must demonstrate compliance. The Applicant asserts the Application is
consistent with all applicable Goals and Guidelines. No participant in this proceeding identified a
Statewide Planning Goal with which the proposal does not comply, except that COLW asserts that the
Subject Property is agricultural land protected by Statewide Planning Goal 3. The Staff Report generally
agrees with the Applicant and asks the Hearings Officer to address Statewide Planning Goal 3. Having
reviewed the evidence and arguments presented, I adopt the Applicants' position and find that the Plan
Amendment and Zone Change are consistent with the applicable Goals and Guidelines as follows:
Goal 1, Citizen Involvement. Deschutes County has an established citizen involvement program.
The application will be processed as a quasi-judicial Plan Amendment and Zone Change, which is
a land use action involving public notification and public hearings as established in DCC Title 22.
Therefore, Goal 1 is satisfied.
Goal 2, Land Use Planning. The County reviewed and processed this quasi-judicial Plan
Amendment and Zone Change consistent with the procedures detailed in DCC Title 22, including
consideration of any public continents received regarding the Application. Therefore, consistency
with this Statewide Planning Goal is established.
Further, the Application provides an adequate factual basis for the County to approve the
Application because it describes the site and its physical characteristics and applies those facts to
the relevant approval criteria. Goal 2 also requires coordination of the Application by the County
with affected governmental entities. Coordination requires notice of an application, an opportunity
for the affected governmental entity to comment on the application, and the County's incorporation
of the comments to a -reasonable extent. Coordination of this Application has been accomplished
in two ways: by the Applicant prior to submittal of the Application and by the County in the review
process for the Application.
Goal 3, Agricultural Lands. The Subject Property is designated as Surface Mining and had been
mined since the late 1940s. There is no evidence of prior agricultural use, the property
predominantly consists of Class VII and VIII soils, and the property does not have water rights.
The Subject Property is not identified as agricultural land on the acknowledged Deschutes County
Comprehensive Plan Map. The 1980 zone change (Z-80-13) to SM included findings
acknowledging that active surface mining sites at the time of plan adoption should have been zoned
SM, the Subject Property was active and designated as site #58 on a preliminary map, and a
"simple error" resulted in site #58 not being transposed to the final zoning map with adoption of
the 1979 Comprehensive Plan. The Subject Property was again identified as containing mineral
resources in the Deschutes County Goal 5 Aggregate inventory adopted by the County's Board on
December 6, 1988. In 1990, the County listed the property as Site No. 391 on the Goal 5 hlventory,
adopted a site -specific economic, social, environmental and energy ("ESEE") analysis, and
imposed the SM and SMIA zoning (Ord No. 90-014, 90-025, 90-028, and 90-029).
Page 110
The Subject Property's status as something other than agricultural land was confirmed in the 1990
ESEE. Ordinarily, the ESEE identifies the post -mining uses and zoning for properties deemed
Goal 5 significant mineral resources. The ESEE for the Subject Property does not include any such
discussion. In Tumalo Irrigation District(247-17-000775-ZC/247-17-000776-PA), the County's
Board interpreted that a similar ESEE omission on a Goal 5 site would have specified EFU zoning
if the property had been classified as agricultural land, and concluded that the SM Zone was
"intended to be a distinct zoning and Comprehensive Plan designation and the properties
designated as other than `resource uses' (lands subject to Goals 3 and 4)."
In 1992, as part of periodic review and a revamping of the County's agricultural lands program,
the County again inventoried its agricultural lands. Once again, the County did not classify the
Subject Property as agricultural land. The agricultural land analysis was incorporated into the
County's Comprehensive Plan, which was again acknowledged.
Based on the foregoing, the Subject Property is not agricultural land subject to the protections of
Statewide Planning Goal 3 and, as such, the Plan Amendment and Zone Change is consistent with
that Goal.
Goal 4, Forest Lands. Goal 4 is not applicable because the Subject Property does not include any
lands that are zoned for, or that support, forest uses.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces. The Subject Property
does not contain any inventoried significant resources related to energy sources, habitat, natural
areas, scenic views, water areas or watersheds, wilderness areas, historic areas, or cultural areas.
The Subject Property no longer contains any significant aggregate resources.
The Subject Property contains a small strip of "wetland" within the southern pit. The
Comprehensive Plan has no specific protections for wetlands; protections are provided by
ordinances that implement Goal 5 protections (for example, fill and removal zoning code
regulations). Because the Plan Amendment and Zone Change are not development, there is no
impact to any Goal 5 resource. Any potential future development of a wetland — no matter what
zone the wetland is in — will be subject to review by the County's fill and removal regulations.
Therefore, Goal 5 is satisfied.
Goal 6, Air, Water, and Land Resources Quality. The surface mine has been reclaimed and
mining activities have ceased. Rezoning the Subject Property will not impact the quality of the air,
water, and land resources of the County because no specific development is proposed at this time.
However, any future uses pennitted in the MUA-10 zone are likely to have less adverse impacts
to air, water, and land resources than the historical mining use or uses permitted in the SM Zone.
Future development of the property will be subject .to local, state, and federal regulations that
protect these resources. Therefore, Goal 6 is satisfied.
Goal 7, Areas Subject to Natural Disasters and Hazards. The Subject Property does not include
areas subject to flooding or landslide activity. The Subject Property is located in a Wildfire Hazard
Area. The Subject Property is also located in Rural Fire Protection District #2. Rezoning the
Page 111
property to MUA-10 does not change the Wildfire Hazard Area designation. Any future
development of the Subject Property will have to demonstrate compliance with applicable local
and state health, environmental quality, and wildfire regulations. Therefore, Goal 7 is satisfied.
Goal S, Recreational Needs. Goal 8 is not applicable because the proposed Plan Amendment and
Zone Change do not reduce or eliminate any opportunities for recreational facilities on the Subject
Property or in the general vicinity.
Goal 9, Economy of the State. The Subject Property no longer contains sufficient quantity or
quality of mining or aggregate materials for profitable economic use. However, the proposed Plan
Amendment and Zone Change will promote continued economic opportunities by allowing the
currently undeveloped and underutilized property to be put to productive use. Therefore, Goal 9 is
satisfied.
Goal 10, Housing. The Plan Amendment and Zone Change do not reduce or eliminate any
opportunities for housing on the Subject Property or in the general vicinity. Rather, they will allow
rural residential development, consistent with Goal 10 as implemented by the acknowledged
Deschutes County comprehensive plan. Therefore, Goal 10 is satisfied.
Goal 11, Public Facilities and Services. The approval of the Application will have no adverse
impact on the provision of public facilities and services to the site. Utility service providers have
confirmed that they have the capacity to serve the maximum level of residential development
allowed by the MUA-10 zoning district. Therefore, Goal 11 is satisfied.
Goal 12, Transportation. This application complies with the Transportation System Planning
Rule, OAR 660-012-0060, the rule that implements Goal 12. Compliance with that rule also
demonstrates compliance with Goal 12.
Goal 13, Energy Conservation. Approval of the Application does not reduce or eliminate the
ability to conserve energy. In fact, Planning Guideline 3 of Goal 13 states "land use planning
should, to the maximum extent possible, seek to recycle and re -use vacant land..." Surface mining
activities have ceased on the subject property and has been vacant for decades. The Subject
Property abuts the Bend City Limits and is surrounded by other rural residential uses. The Plan
Amendment and Zone Change will allow for rural residential development that would provide
homes close to urban services and employment, as opposed to more remote rural locations. Siting
homes close to urban services and employment results in fewer vehicle miles traveled and related
energy expenditures as residents travel to work, school, and essential services. Therefore, Goal 13
is satisfied.
Goal 14, Urbanization. This goal is not applicable because the Applicant's proposal does not
involve property within an urban growth boundary and does not involve the urbanization of rural
land. The MUA-10 zone is an acknowledged rural residential zoning district that limits the
intensity and density of developments to rural levels.
Goals 15 through 19. These goals do not apply to land in Central Oregon.
Page 112
IV. CONCLUSION
Based on the foregoing findings, I find the Applicant has met its burden of proof with respect to the
standards for approving the requested Plan Amendment and Zone Change. I therefore recommend to the
County Board of Commissioners that the Application be APPROVED.
Dated this 8th day of January 2024
Tommy A. Brooks
Deschutes County Hearings Officer
Page 113
�vIES CO
C. G
BOARD OF
COMMISSIONERS
MEETING DATE: February 21, 2024
SUBJECT: Ordinance No. 2024-003 - Miller Pit Plan Amendment and Zone Change
RECOMMENDED MOTIONS:
1. Move approval of second reading of Ordinance No. 2024-003 by title only.
2. Move adoption of Ordinance No. 2024-003.
BACKGROUND AND POLICY IMPLICATIONS:
The applicant requests approval of a Comprehensive Plan Amendment to change the
designation of the subject property from Surface Mine (SM) to Rural Residential Exception
Area. The applicant also requests a concurrent change in the zoning from Surface Mining
(SM) to Multiple Use Agricultural (MUA10). The subject property is approximately 65 acres
in size and is located to the south of Bend on Knott Road.
Record items can be viewed and downloaded from the following link:
https://www deschutes o g/cd/.page/247-23-000547-pa-247-23-000548-zc-miller-pit-Ilc-
comprehensive-plan-amendment-and-zone
BUDGET IMPACTS:
None
ATTENDANCE:
Audrey Stuart, Associate Planner
MEMORANDUM
TO: Board of County Commissioners
FROM: Audrey Stuart, Associate Planner
DATE: February 14, 2024
RE: Edits made to draft ordinance 2024-003 between first and second reading; Land use
file nos. 247-23-000547-PA, 247-23-000548-ZC.
On February 21, 2024, the Board of County Commissioners ("Board") will hold the second reading
of an ordinance approving a Comprehensive Plan Amendment and Zone Change for a property that
is currently zoned Surface Mining. At the meeting on February 7, 2024, the Board voted to approve
the first reading of Ordinance 2024-003. The purpose of this memorandum is to outline edits that
have been made to the draft ordinance following the first reading.
Edit #1: The applicant was incorrectly listed as the City of Bend in � the draft ordinance. ice. This was a
simple error and has been corrected to list the applicant as Caldera Land, LLC. All other materials
correctly list the applicant as Caldera Land, LLC.
Edit #2: Section 5.8 of the Deschutes County Comprehensive Plan includes a table of Deschutes
County Surface Mining Mineral Aggregate Inventory. Removing the subject property from this
inventory of Goal 5 surface mine sites was part of the applicant's request and addressed in the
Hearings Officer's decision. The draft ordinance has been edited to explicitly approve this
concurrent change to Table 5.8.1 of the Deschutes County Comprehensive Plan. Exhibit "F" has been
added to the draft ordinance and includes an edit to Table 5.8.1 of the Comprehensive Plan, to
remove the subject property from the Deschutes County Surface Mining Mineral and Aggregate
Inventory. Editing the draft ordinance to acknowledge this change to Table 5.8.1 will make the
ordinance formatting consistent with Deschutes County's most recent example of a Zone Change
that removed a surface mine designation.
Edit #3: The language of the draft ordinance has been edited to specify that the Surface Mining
Impact Area (SMIA) Combining Zone associated with the subject property will be removed. The
removal of the SMIA Combining Zone is addressed in the Hearings Officer decision and required by
117 NW Lafayette Avenue, Bend, Oregon 97703 ( P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 @ cdd@deschutes .org ® www,deschutes.org/cd
Deschutes County Code. Adding this language will better capture the full effect of the draft
ordinance.
Staff has coordinated with Legal Counsel and confirmed that these edits do not materially alter the
draft ordinance, and therefore do not require a new first reading. Overall, the purpose of these edits
is to provide greater clarity about the effects of the draft ordinance.
Attachments:
Draft Ordinance 2024-003
247-24-000547-PA, 548-ZC Page 2 of 2