HomeMy WebLinkAboutOrdinance 026 - Surface Mining Zone Safety Operations��ES L'
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 30, 2009
Please see directions, for completing this document on the next page.
DATE: May 27, 2009
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Public hearing on Ordinance No. 2009 -026, a text amendment to Chapter 18.52 of Title 18 of the
Deschutes County Code, to allow for public safety operations within the Surface Mining Zone.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Department of Transportation has applied for an ordinance text amendment to provide for
public safety operations on property within the Surface Mining Zone. The proposed changes were
presented to the Deschutes County Planning Commission at a public hearing. The Planning
Commission recommended approval of the proposed changes.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends approval of the changes to amend the County Code as proposed by the applicant.
ATTENDANCE: Paul Blikstad, CDD; and Laurie Craghead, Legal Counsel
DISTRIBUTION OF DOCUMENTS:
A copy goes to County Legal Counsel's Office to make the official changes to the County Code.
Notice of adoption will be sent by Planning staff to the Oregon Department of Land Conservation and
Development as required by law.
REVIE ED
LEGAL OUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code
Chapter 18.52 to Allow Public Safety Operations in
the Surface Mining Zone, and Declaring an
Emergency.
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ORDINANCE NO. 2009 -026
WHEREAS, the Oregon Department of Transportation submitted a text amendment to Deschut �s
County Code (DCC) Chapter 18.52 to allow public safety operations in the Surface Mining Zone; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held Nn
October 1, 2009 before the Deschutes County Planning Commission, and on October 22, 2009 the Deschu es
County Planning Commission recommended approval of the proposed text amendment; and
WHEREAS the Board of County Commissioners considered this matter after a public hearing Dn
November 30, 2009 and concluded that the proposed changes are consistent with the County's Comprehens ve
Plan, and that the public will benefit from changes to the land use regulations ; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAI ■S
as follows:
Section 1. AMENDMENT, DCC Section, 18.52.115, Extended Operating Hours, is amended to r ad
as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined.
Section 2. FINDING. The Board adopts as its findings in support of this decision, Exhibit "3,"
attached and incorporated by reference herein.
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PAGE 1 OF 2 — ORDINANCE NO. 2009 -026 (11/30/09)
Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ATTEST:
Recording Secretary ALAN UNGER, COMMISSIONER
Date of 1St Reading: day of , 2009.
Date of 2nd Reading: day of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke _
Alan Unger
Effective date: day of , 2009.
ATTEST:
Recording Secretary
PAGE 2 OF 2 — ORDINANCE NO. 2009 -026 (11/30/09)
18.52.115. Extended Operating Hours.
Notwithstanding the limitations set forth in an approved site plan for surface mining or the limitation on
hours of operation set forth in DCC 18.52.110(I), a special operating permit for extended hours of
operations at a mining site may be approved when the Planning Director or Hearings Body finds that an
applicant demonstrates that:
A. Project Necessity. Extended hours of operation are necessary to construct capital improvements and
other specific public roadway improvements, including but not limited to public safety operations, road
widening, paving, surfacing and realigning, where practical difficulties not created by the applicant such
as transportation management requirements necessitate project construction and operation of equipment
outside the hours specified in DCC 18.52.110(I) or otherwise set forth in a surface mining site plan;
B. Equipment Limitation. During the extended hours of activity, operations at the mining site shall include
only those uses allowed under DCC 18.52.040 and, when already approved as a conditional use, those
uses listed in DCC 18.52.050, including vehicular traffic, and shall be limited to the minimum necessary
to complete the project; and
C. Time Limitation. Except as provided in (D) below, Aactivities approved under DCC 18.52.115(B) shall
not exceed a period of 14 days but may be renewed for successive periods not exceeding three days
each if: the extension is necessary to complete the roadway or capital improvement project; and
transportation management concerns or unique project characteristics justify the extension.
D. Public safety operations.
1. Public safety operations are those operations permitted under DCC 18.52.040 that are required to
respond to a road hazard or incident such as snow, ice, a vehicle crash or other road blockage such
as a tree, power line, fire, or animal.
2. Public safety operations are exempt from the time limitations imposed by DCC 18.52.115(C) and
18.52.110(1), provided that the noise and air quality standards of DCC 18.52.110 are met at all
times.
DE.Noise Control. Activities permitted under DCC 18.52.115 are subject to DCC 8.08.090(D).
(Ord. 2009 -026 §1, 2009; Ord. 98 -038 §1, 1998)
Page 1 of 1 - ORDINANCE NO. 2009 -026 EXHIBIT "A" (11/30/09)
EXHIBIT "B"
PURPOSE & BACKGROUND
This is a citizen - initiated (Oregon Department of Transportation) text amendment to
Chapter 18.52 (Surface Mining Zone) of Title 18 of the Deschutes County Code, to
include language allowing for public safety operations /activities within the SM zone. The
language would allow for the possibility of ODOT establishing a site for public safety
operations /activities for the roads (highways) under their administration. While this text
amendment is essentially directed at one surface mining site, which is the ODOT site on
Highway 126, just east of Sisters, it would apply to all zoned surface mining sites, owned
by a public entity.
The applicant is proposing to amend section 18.52.115, Extended Operating Hours, to
provide for public safety operations for ODOT.
TEXT AMENDMENT REVIEW CRITERIA & ANALYSIS
The proposed amendment revises Deschutes County Code Title 18, Chapter 18.52, to
permit public safety operations such as: the loading and distribution of road sanding or
de -icing equipment (trucks) and materials, and incident response (e.g. sending teams to
a vehicle crash, or road hazard such as a tree, power line, fire, or animal blocking the
roadway).
ISSUES
The primary pro or favorable issue is that this ordinance change could provide for a
reasonable and efficient use of publicly owned surface mining sites, by allowing them to
be used for something other that just resource (gravel, cinders, sand) storage.
The primary con or non - favorable issue would be the potential noise associated with
these operations during off hours for normal use.
The Planning Commission forwarded a recommendation of approval for the proposed
text amendment at their October 22, 2009 meeting. Staff concurs with the applicant's
findings on conformance with the intent of the SM zone and the comprehensive plan.
Staff believes that the proposed use will not impact any mining resource identified in the
County comprehensive plan, and will be consistent with the plan.
CONFORMANCE WITH THE DESCHUTES COUNTY COMPREHENSIVE PLAN
All amendments to the zoning regulations must comply with the County's comprehensive
plan. The following is an analysis of those applicable plan provisions.
Chapter 23.100, Surface Mining
Under Section 23.100.060, the following General Policy applies:
To protect and utilize appropriately, within the framework established by Statewide Land
Use Planning Goal 5 and its implementing administrative rules, the mineral and
PAGE 1 OF 2 — ORDINANCE NO. 2009 -026 EXHIBIT "B" (11/30/09)
aggregate resources of Deschutes County, while minimizing the adverse impacts or
mineral and aggregate extraction and processing upon the resource impact area.
The proposed text amendment allows for the continued use of mineral and aggregate
resources in the surface mining zone, while providing for highway /road maintenance,
including hours allowed beyond the normal surface mining hours established under DCC
18.52.110(1). The proposed amendment will assure the minimization of any adverse
impacts of surface mining operations by requiring that State noise and dust regulations
are continuously met.
Chapter 23.64, Transportation System Plan
Under Section 23.64.020, the following policy applies:
The lead agency for transportation project review in Deschutes County shall be:
1 Deschutes County for projects outside UGBs;
2. The affected city for projects within UGBs; and
3. The State of Oregon, Deschutes County and affected cities on
projects involving state -owned facilities.
The proposal for extended hours of operation for public safety operations, including
highway maintenance, will maintain the roads so that the roads may continue to be used
by the public as outlined in the transportation system plan. The extended hours will also
lessen the stress on other roads not designed to handle the traffic that will result from
drivers taking a detour around emergency areas.
Chapter 23.52, Economy
The proposal will comply with the goals and policies listed in this chapter because the
extended hours will allow ODOT to clear the highways earlier and make them more safe
for people traveling to and from the County for business and for delivery and service
vehicles.
Chapter 23.80, Natural Hazards
The extended hours will further the goals and policies of this chapter by allowing ODOT
to respond during those hours to natural hazards that may be blocking the highways.
Chapter 23.88, Agriculture and Chapter 23.92, Forest Lands
The County's goal of preserving and maintaining agricultural and forest lands will be met
because the proposal will allow ODOT to clear the highways of hazards that may impede
the ability of farmers, ranchers and timber companies to receive needed supplies or to
deliver their products to the market.
The remaining Comprehensive Plan chapters are not implicated or are not relative to this
proposal.
PAGE 2 OF 2 — ORDINANCE NO. 2009 -026 EXHIBIT "B" (11/30/09)