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Home My WebLink About80-212I �a VOL )PAGE 2Q1 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance No. ) PL -15, Deschutes County Zoning ) Ordinance of 1979; Rezoning Certain ) D Property from Exclusive Farm Use -20 ) (EFU-4) Zone to Surface Mining (SM) ) 0 ° 7980 Zone; and Declaring an Emergency ) ``� 39501 Z41112f� ORDINANCE NO. 80-212 K 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 Use -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 Ordinance No. PL -15, Deschutes County Zoning Ordinance oT 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: 40 acres located within the boundaries of Tax Lot 100, Section 12, Township 15 South, Range 10 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-80-15, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 80-212, PAGE 1 36not 24 Section 3. This ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is delcared to exist, and this ordinance takes effect on its passage. DATED this day of % 1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON () ROBERT C. PAULSON ,, JR., Commissioner 1."V 006 0 TAMMY J R CHARDSON Recording Secretary ORDINANCE NO. 80-212, PAGE 2 • VOL� iVPAGE VOL -47 o�SCHUrF f G. HEARINGS OFFICER CO U N IA DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDINGS AND DECISION FILE NO: Z-80-15 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 1/4 mile south of U.S. Highway 126 on Cloverdale Road and is further described as a portion of Tax Lot 100, Township 15, Range 10, Section 12. 2. Zone: EFU-20, Exclusive Farm Use. 3. Comprehensive Plan Designation: Agriculture. 4. Site Description: The subject property is zoned EFU-20 and is approxiamtely 40 acres in size. The property has been mined intermittenly since 1958. The re- source is cinders mixed with clay; the estimated quantity for this site and to adjacent property is 11,300,000 cubic yards. During 1970 more than 50 cubic yards was removed. Access to the property is dir- ectly from Cloverdale Road. Z-80-15 - DESCHUTES COUNTY - PAGE 1 EXHIBIT B, PAGE 1 • VOL 136NGE :?4g VICINITY INFORMATION: The surrounding 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 specifically finds that this site has continually mined more than the 50 cubic yards within a twelve consecutive month period. It should be under the terms of the Deschutes County Year 2000 Plan and designated as Surface Mining. Further the Hearings Officer finds that this area was designated on the draft zoning maps for Deschutes County during the development of the County's new Comprehensive Plan and zoning ordinance as Surface Mining and simply did not get transposed to the official zoning map at the time the ordinance was adopted on November lst, 1979 by the Board of Commissioners of Deschutes County. In addition the Hearings Officer further finds that the applicant is in conform - with LCDC Goals, which are applicable; specifically Goal Five, Open Spaces, Scenic and Historic and Natural Resources. This goal allows the County to continue to have surface mining of cinders and clay, which are natural resources. The County have inventoried the amount of applicable natural resources, this being one of those sites and is actively mined to meet the productive needs of the Deschutes County Year 2000 Comprehensive Plan. RECOMMENDATION: The Hearings Offficer recommends to the Board of County Commissioners that Z-80-15 be approved to Surface Mining with the following conditions: 1. A site plan shall be approved before any new uses are allowed. 2. The mining operation shall be limited to the area of the existing butte and shall not exceed into the area currently used for farming practices. DATED this k day of June, 1980. This decision becomes final 15 days after the above date, unless appealed to the Planning Commission by a party of interest. OFFICER EXHIBIT B, PAGE 2 MA:dh cc: Planning Department, Planning Commission, Willard Cyrus, Jill Thompson, file Z-80-15 - DESCHUTES COUNTY - PAGE 2 300 30' 29 5 T- 15 e- I os.],? OF TMC QU 100 �00 200 301 700 L% 0 VOL JCItP GE 44 9 1 6 100 12 r 7 LEGEND: Surface Mining (SM) NN 1111,511