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HomeMy WebLinkAbout80-210q& ;)U u 25 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance No. ) PL -15, Deschutes County Zoning ) FI Ordinance of 1979; Rezoning Certain ) I L pp�� Property from Exclusive Farm Use -20 ) LJ (EFU-4) Zone to Surface Mining (SM) ) Zone; and Declaring an Emergency ) R© Cr 02,? 1980 _ O'SCHUT� �CPA ITIRSpt4 ORDINANCE NO. 80-210 COUNTY CLaw WHEREAS, Deschutes County, Oregon, initiated a rezoning of certain property from Exclusive Farm Use -20 (EFU-4) Zone to Surface Mining (SM) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the pro- posed zone change on May 27, 1980; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Exclusive Farm Use -20 (EFU-4) Zone to Surface Mining (SM) Zone by a decision dated June 26, 1980; and WHEREAS, the decision of the Hearings Officer has not been appealed to the Deschutes County Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, to change the zoning from Exclusive Farm Use -20 (EFU-4) Zone to Surface Mining (SM) Zone, for the parcel of real property described as: Tax Lot 200, Section 21, Township 18 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, and depicted on the map marked Exhibit A, attached hereto and by this reference incorporated herein. Section 2. To adopt as the Board of County Commissioners' findings and conclusions, the findings and decision of the Hear- ings Officer dated June 26, 1980, relating to zone change number Z-80-13, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 80-210, PAGE 1 Me 57 Section 3. This ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. DATED this`,2-,ay of `' _ 1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ROBERT C. PAULSON, JR., Commissioner ATTEST 'jAwN' t TAMMY J CHARDSON Recording Secretary ORDINANCE NO. 80--210, PAGE 2 E X H I B I T A 7 _870 _ - 302 Roc 302 - 302 E 4a �• Su6 C N 3 00 J e 300 P3 •.364.99 ropey + 9 300 I _ _.. 437.28' --- B2• W 107 � N a $N y.r 1000 Y W VOL MPAGE 18 12 21 16 15 f 4zo.o3y, 200 N9I019 SLI A . 2 2 a N � tF t�Aw� 1.6 MP i S 54& o O 42 0.0 3' 102 A •m • mg \ � - J 4 e.o 1104 s �4 0 ti LEGEND: 0 105 . Surface Mining (SM) Zone 3;'ti.69�5G'3S"w. (n 16.84'-' 108 O .e r O � o, i,o; 106 �y 6 5.89 joj- 06' W. 420 . 100 N Or fk I "= 400, Z -SO- 13 FILE NO: APPLICANT: REQUEST: PLANNING STAFF REPRESENTATIVE: PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: BURDEN OF PROOF: FINDINGS: A. Subject Property: C . VOL 6PAGE :?59 HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDINGS AND DECISION Z-80-13 Deschutes County Application for a zone change from EFU-20 to SM, Surface Mining. Brian Christenson Approval Public Hearing was held in Room 106, Deschutes County Courthouse Annex, Bend, Oregon on May 27th, 1980 at 7:00 P.M. An oral decision was rendered at that time. In order to receive a favorable recommendation to the Board of County Commissioners the applicant must meet the terms of Section 6.000 of the County's Procedural Ordinance PL -9. The applicant must also be in conform- - ance with the LCDC Goals. 1. Location: The subject property is located directly south of the intersection of Sipchen and Knott Roads and is further described as Tax Lot 200 in Section 21, Township 18, Range 12. 2. Zone: EFU-20, Exclusive Farm Use. 3. Comprehensive Plan Designation: Agricultural; but the property has not been actively farmed since the late 1940s. 4. Site Description: The property is approximately 67 acres in size and contains approximately one million cubic yards of cinders. This material is used primarily for lightweight concrete aggregate with the majority of the material exported from the county. Access to the property is directly from Knott Road and Z-80-13 - DESCHUTES COUNTY - PAGE 1 EXHIBIT B, PAGE 1 C VOL 36r'AGE 260 from Innes Market Road. This site was designated as site (No. 58) on the generalized surface mining map for Deschutes County. VICINITY INFORMATION: The adjoining properties are zoned EFU-20, Exclusive Farm Use. CONCLUSIONS: A. Surface mining sites actively being utilized at the time of plan adoption should be zoned SM, Surface Mining, so as to permit continued operation. Operating sites are those which extract 50 or more cubic yards of material within twelve consecutive months. However, inactive and undeveloped sites should be designated SMR, Surface Mining Reserve, so that these sites will be protected for future use when the resource materials are needed. This protection must include review of developments on adjoining land to assure compatibility. The Hearings Officer finds further this particular active mine was designated on one of the preliminary maps of the county as site #58 and simply did not get transposed to the final zoning map for Deschutes County at the time of the adoption of the new Comprehensive Plan and Zoning Ordinance, November 1st, 1979. This was a simple error, and this application does not create any new use or new benefits. B. Although there was some opposition from neighbors those neighbors obtained property or built subsequent to the operation of this mine and were fully aware of it's existence and operation. The applicant also established that the mine has been actively mined approxi- mately thirty days per years. Out of that thirty days, ten days at the most, a crusher operation is used. The mine will not go further up the surrounding hillside, but will be dug as a'pit`and will _.extend further into the ground until all the cinders have been extracted. This application is for a maxi - of nineteen acres and therefore, the applicant will not be able to expand the mine without further permits from the County. KWIEWW"k 93"ice The Hearings Officer recommends to the Board of County Commissioners that Z-80-14 be approved with the following condition: 1. A site plan shall be approved prior to any new uses. DATED this42dL2day of June, 1980. This decision becomes final 15 days after the above date, unless appealed to the Planning Commission by a party of interest. AyreroGed6vec6- EAANGS OFFICER MA: ch EXHIBIT B, PAGE 2 cc:File Planning Commission, Planning Department, Jill Thompson, Vic Russell, Patrick Gisler