HomeMy WebLinkAbout80-213VOL lfenu 58
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF bi%'TpJffS COUNTY, OREGON
An Ordinance Amending Ordinance No.
PL -15, Deschutes County Zoning
Ordinance of 1979; Rezoning Certain
Property from Exclusive Farm Use -20 )
(EFU-4) Zone to Surface Mining )
Reserve (SMR) Zone; and Declaring )
an Emergency )
ORDINANCE NO. 80-213
WHEREAS, Deschutes County proposed the rezoning of certain
property from Exclusive Farm Use -20 (EFU-4) Zone to Surface Mining
Reserve (SMR) 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
Reserve (SMR) 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 1979, to change the zoning from Exclusive Farm
Use -20 (EFU-4) Zone to Surface Mining Reserve (SMR) Zone, for the
parcel of real property described as:
Tax Lot 106, Section 2, Township 16 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 Hearings
Officer dated June 26, 1980, relating to zone change number
Z-80-16, marked Exhibit B, attached hereto and by this reference
incorporated herein.
ORDINANCE NO. 80-213, 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 twt day of fjj.&j"- , 1980.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY J RI HARDSON
Recording Secretary
ORDINANCE NO. 80-213, PAGE 2
16 10
E X H I B I T A VOL C-16PAGE 60
A
LEGEND:
Surface.
Mining
Reserve
(SMR) Zone
1044
r =:2 000'
-9so— l(o
FILE NO:
APPT Tr..AMT
REQUEST:
PLANNING STAFF
REPRESENTATIVE:
PLANNING STAFF
RECOMMENDATION:
PUBLIC HEARING:
BURDEN OF PROOF:
FINDINGS:
A. Subject Property:
VOL
36PAGE fit
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701
TELEPHONE (503) 382-4000, EXT. 223
FINDINGS AND DECISION
Z-80-16
Deschutes County
Application for a zone change from EFU-20, Exclusive
Farm Use, to SMR, Surface Mining Reserve.
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 approximately one and one quarter miles
southwest of the intersection of Plainview Road and Varco on Varco Road,
and is further described as Tax Lot 106, Township 16, Range 12, Section 2.
2. Zone:
EFU-20, Exclusive Farm Use
3. Comprehensive Plan Designation:
Agricultural
4. Site Description:
The subject property is approximately 80 acres in size and has been mined
intermittently since 1967. The site contains approximately 2,000 cubic
yards of gravel. The access to the property is along Varco Road, which
intersects Plainview Road approximately one and one quarter miles from
the property.
Z-80-16 - DESCHUTES COUNTY - PAGE 1
EXHIBIT B, PAGE 1
VICINITY INFORMATION:
VOL WPAGE 62
The adjoining property to the west is zoned F-2; to the north the property
is zoned EFU-20 and F-2; the property to the south is zoned F-2.
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.
At such time as an applicant who has designation of Surface Mining Reserve
and wishes to change it to Surface Mining, must submit a new application
of a zone change to the county and meet the criteria set forth in Deschutes
County's Comprehensive Plan and Zoning Ordinance before he may receive ap-
proval to start any kind of mining activity.
B. The Hearings Officer finds that this particular request is within conform-
ance with LCDC Goal Five - Open Spaces, Scenic and Historic and Natural
Resources. This property has been identified has having a substancial amount
of aggregate material on the 80 acres, approximately two million cubic yards.
And there is a strong likelyhood that in the future this natural resource
will be needed for development within the county or other areas.
Further the Hearings Officer finds specifically based upon information pro-
vided at the hearing by the Planning Staff, that the Department of Fish and
Wildlife have no opposition to this property being designated Surface Mining
Reserve, the fact having been taken into consideration that the property site
is within the Tumalo Deer Winter Range. That Department will become more
actively involved should an application be received to change the zoning from
Reserve to an active mine.
The Hearings Officer finds that although there was opposition to this_particu-
lar designation, most people thought that this application would allow the
mine to begin operation immediately upon approval. It was explained that this
was simply a reserve designation. According to the geological survey and
inventory completed by Deschutes County this property was in fact a natural
resource of cinders and gravel and needed to be designated as such on the
Comprehensive Plan to be in compliance with State laws and LCDC Goals.
RECOMMENDATION:
The Hearings Officer recommends to the Board of County Commissioners that
Z-80-16 be approved.
Dated this v,)67'N_ day of June, 1980.
Z-80-16 - DESCHUTES COUNTY - PAGE 2
EXHIBIT B, PAGE 2
C VOL 36PAGE 63
This decision becomes final 15 days after the above date, unless appealed
to the Planning CovEission by a party of interest.
- �Iee
Myer Avedovech L
HEARINGS OFFICER
MA: ch
cc: File
Planning Department
Planning Commision
Jill Thompson
World Business Trust
Z-80-16 - DESCHUTES COUNTY - PAGE 3
EXHIBIT B, PAGE 3