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Home My WebLink About80-211aL SAH 250 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance No. ) PL -15, Deschutes County Zoning ) c Ordinance of 1979; Rezoning Certain ) 1' Property from Exclusive Farm Use -20 (EFU-4) Zone to Surface Mining (SM) �� Zone; and Declaring an Emergency ) �,,,; 7980 R y S ORDINANCE NO. 80-211 p�Hu z PA �� C01jt4 l y WHEREAS, Deschutes County proposed the 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 se -20 (EFU-4) Zone to Surface Mining (SM) Zone by 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 Ordinaizce 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 Lots 1400, 1401 and 1700, Sections 12 and 13, Township 16 South, Range 11 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 Hearings Officer dated June 26, 1980, relating to zone change number Z-80-14, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 80-211, PAGE 1 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 ay of A14 1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON _ (-a 1 ROBERT C. PAUL, JR., Commissioner ATTEST: � ; .: RDSON . .ing Secretary ORDINANCE NO. 80-211, PAGE 2 Q�gC H UTF d` CDU N'�� C VOL 36PAGE 252 HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDINGS AND DECISION FILE NO: Z-80-14 APPLICANT: Deschutes County REQUEST: Application for a zone change from EFU-20, Exclusive Farm Use to SM, Surface Mining. PLANNING STAFF REPRESENTATIVE: Brian Christenson PLANNING STAFF RECOMMENDATION Approval PUBLIC HEARING: 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. BURDEN OF PROOF: 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. FINDINGS: A. Subject Property: 1. Location: The subject property is located approximately 1/2 mile west of the inter- section of Gerking Market Road and Innes Market Road, and is further described as Tax Lot 1400, 1401 and 1700, Township 16, Range 11, Section 12 and 13. 2. Zone: EFU-20, Exclusive Farm Use. 3. Comprehensive Plan Designation: Agricultural 4. Site Description: The subject property is approximately 19 acres in size and has been mined at a rate of between 10,000 and 20,000 cubic yards per year since 1966. The site has a valid Oregon Department of Geology and Mineral Industries permit (09-0125). The estimated volume is 150,000 cubic yards. The material is cinders which contain no clay, and therefore, has good stability. Access to the property is directly from Knott Road. Z-80-14 - DESCHUTES COUNTY - PAGE 1 EXHIBIT B, PAGE 1 VOL 36NGE 253 VICINITY _N7ORMATION: The adjoining property to the west is zoned EFU-20; the property to the -south is zoned MUA-10; the property to the north is zoned SR -20 (Bend Urban Area). CONCLUSIONS: A. Surface mining sites actively being utilized at the time of plan adoption should be zoned SM, 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 de- signated 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 owner of this property at the time of the hearing established that he currently mines approximately 2,000 cubic yards per year. The mine has been active for approximately thirty years, beginning in the late 1940s. Mr. Miller, the property owner also established at the time of the hearings the reason that this site was not designated on the final map and plan as as a Surface Mining Zone, simply was due to an oversight on the part of the County Staff and himself. Mr Miller served on the Surface Mining Committee for the County during the drafting of Descutes County's new Year 2000 Comprehen- sive Plan. Mr Miller simply forgot to check to make sure that this site was on the map as other surface mining areas were placed upon the map. B. Although many neighbors showed up to testify in opposition, most of their testimony was that they did not want a new operation starting which would run 8 hours a day, five days a week. Much to the suprise of the neighbors, Mr Miller has been activly mining this particular pit periodically throughout the past year without the knowledge of the neighbors. The Hearings Officer finds that operation in such a manner that it does not have a negative impact upon the surrounding area. The Hearings Officer also finds that the neighbors which showed up to oppose this application have moved unto the area within the last two years during which the mine was being mined without their knowledge. These same neighbors purchased their homes being fully aware that there was a surface mine in the area. The property owner agreed to work with the neighbors should any problems arise due to the operation of this particular surface mine. RECOMMENDATION: The Hearings Officer recommends to the Board of County Commissioners that Z-80-13 be approved with the following condition: 1. A site plan shall be approved prior to any new uses. DATED thisday of June, 1980. This decision becomes final 15 days after he above date, unless appealed to the Planning Commission by a party of interest. Z-80-13 - DESCHUTES COUNTY - PAGE 2 EXHIBIT B, PAGE 2 MA: ch cc: File Planning Department Planning Commission Jill Thompson William Miller Z-80-13 - DESCHUTES COUNTY = PAGE 3 VOL 6PAGE 254 EXHIBIT B, PAGE 3 ME m I VOL 36PAGE 0255 ri I 2.7 /V. 89- -Fq -OG-- I'v. Z&44. SO. 1100 1100 E 1400 1101 r7o 44.29 LEGEND: Surface�'� (SM) Zone V M I