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Home My WebLink About81-027f " l 1, e��npopn� VOL e�QNOE vil� BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON r. An Ordinance /Unending Ordinance ) No. PL -15, Deschutes County ) Zoning Ordinance of 1979, Re- ) F1 zoning Certain Property from ) 1L E D Surface Mining Reserve (SMR) ) Zone to Surfsce Mining (SM) Zone; and Declaring an Emergency. j JUL 1� 198 ROSFMARY NTY SON ORDINANCE N0. 81-027 DESCHUTES .CO WHEREAS, Bend Aggregate and Paving applied for rezoning of cortAin property from Surface Mining Reserve (SMR) Zone to Surface Mining (SM) Zone; and law; and WHEREAS, notice of hearing was given in accordance with WHEREAS, the Hearings Officer held a hearing on March 24, 1981, and April 14, 1981; and WHEREAS, the Hearings Officer approved the said zone change on May 6, 1981, in a written decision on that date; and therefore, WHEREAS, that decision has not been appealed; now, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES OREGON, ORDAINS as follows: COUNTY",,'. Section 1. To amend Ordinance No. PL-15,'Deschutes County Zoning OrdTn_a_n_c_e_-0T 1979, to change the zoning from Surface . t Mining Reserve (SMR) Zone to Surface Mining (SM) Zone, for the parcel of real property described as: Tax Lots 0 Township 16S2000, outh, Range 212oEast, Will, Section amette Meridian, Deschutes County, Oregon, and depicted on the map marked Exhibit "A," attached hereto and this reference incorporated herein. Section 2. To adopt as the Board of County Commissiol findings an cone usions, the Findings and Decision of the Hear.; Officer dated January 13, 1981, relating to zone change applical number Z-81-4, marked Exhibit "B," attached hereto and by thie,;;> reference incorporated herein, ORDINANCE NO. 81-027, PAGE 1 �t. M4 I�:rd".:""s .,: . 'J. 1 01 VOL SAGE 885 Section 3. This Ordinance being necessary for the,immediate Preservation o puTlic peace, health and safety, an emergency is declared to exist, and thi Ordinance takes effect on its passage. DATED this day of —1_L,44 -,/ L _, 1981. BOARD OF COUNTY COMMISSIONERS OF DE HUTES COUNTY, OREGON RW. B4SON, . , a ZNBn ADO ATTEST: SU AN STOIvEMAN Recording Secretary ORDINANCE NO. 81-027, PAGE 2 ,A AL t)OPAGE oa'!U .1 i:l •1! I•f ), r I 1 �i �..�. .�l I.) M.J rr.yr• All 16 12 .'. UI!Ifr(Y 1��0�11u.�:�•. �nl� �1�� ,��-►-+� AND OrAl C�' 00 30 lit • 1 �/ LOt I a 1 , 1000 7x00 13 Iv0 1101 ,, , 14 , �l 1 +--Law wau Lnr = 302 2100 �tii i • • •� � • �, _. ,,,/j{`7 a�' i 402 6 404 Y � taoo 1 i � :' �• ��, � r 20 o s ori e[co j11?00 • 2700 f�,..13(. i 4:.'•'.� 21 n1 1. • I i� M• rr. Zi hip• r�,e --•,ter, :f.. » �,, t .�,� 40 LEG E.Nn . : S U�? SE• GT' NOP ,j�/1�� .-.. lOt3463 . N! FPCE /I E SME 20 V 4 4'. Y '� ZbtV G X A N „�. y ��• y�.I� �yy� r- 1i•1 rrlei '.1='11'V1•I,'6'Nl,xi'!°F�r7�Flp�rM�'^��'1!;Iri;Id�,a, l FILE NO: APPLICANT: Bend Aggregate and Paving R2UF.ST_ An application for a zone change from SMR,. Surface Mining Reserve to SM, Surface Mining. PLANNING STAFF REPRESENTATIVE: Brian Christenson PLANNTNr STAFF RECOMMENDATION: Approval' ' PUBLIC HEARING: Public Hearing was held in room 106, Deschut County s . Courthouse Annex, Bend, Oregon on Tuesday ,:-Xi xch_24, 1981 ':,:'„' "I at 7:00 P.M. This matter was--continued.foz AA`s16n April 14, 1981. The Hearings Officer renders tran oral decision at that time. BURDEN OF PROOF: In order for the applicant to receive appro�a, l'br'a zone..- change.rt from SMR to SM the criteria set, ' � n `Policy. V b;.�;_ 'VOL SAGE 897 EXHIBIT B HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701 TELEPHONE (503) 388-8828 FINDINGS AND DECISION Z-81-4 in the Surface Mining Section of the Deschute "pdunty.Com-` prehensive Plan. In addition the4.1 applicant' �rt�dress w 4.100 of Deschutes County Zoning Ordinance” FINDINGS: �'�r 'Ff{tf'�ti;• °',';"i;i 1. LOCATION: '*,��,2 Y ��•, � h � The subject property is located approximately 1 mile north 6f,,the" tsdction of.' Highway 20 and the Cline Falls Highway and is further described as`''h 2000 and 2100, Township 16 south, Range 12 east, Section 30.4x` �d g 2. ZONE: t .rAYiy.. "3bti�� SMR, Surface Mining Reserve. 3. COMPREHENSIVE PLAN DESIGNATION:`:. Surface Mining Reserve. n� � 4. SITE DESCRIPTION: The subject property is 73 acres in size and currently7hae; The appl ic,int ost.lhllshed through Lite submitted material that the subject property c011t;1ir,s 940,000 ctihi,: yards tntal material. There were approximately i5t),t)t)t) ruhic yards (,t i—tent ial al;y;rrgate. The Deschutes County Comprehensive PI 111 suy;;;t L that the (anlnLY will have a need for seven million cubic yards of aggrvyate• within the noxj f ivu, yu,ars. This is based upon the amount of aggregate per person utill•r.i•d (23 cuhic yards per person) in a population growth rate Of 4.5;. per year. if the growth rate is higher, then the aggregate amount needed will be incrcased. The U.S. Census Bureau has indicated that Deschutes County's gr,)wth rats wrrs 10.47, 1wr year from 1970 to 1980. If thief growth rate remains strndy for the next five years, the amount then needed will then be approximately 15 million cubic yards. Between the information provided in Deschutes County Comprehensive Resource element and the• information provided by the applicant the amount which will be needed is somewhere between five and fifteen million cubic yards for the next five years. The applicant has submitted evidence showing a clear need for the aggregate, On page 5 of the statement by the applicant, indicates that the total amount of aggre- gate land designated SM is mainly controled by another person. It has been indicated. -,,i.,. by the evidence submitted that the aggregate in lands designated SM will be used. within the next five years. The applicant has demonstrated that there is a rapidly growing area near Tumalo irtz in the vicinity of the location of this project. This area forms a sub -market' for aggregate. It is only a few miles from Bend and Sisters. At The applicant is in conformance with the policies of the County and Goal 5 of 1,CDC which states "Where conflicting uses have identified the economid': l r --- VOL f4, 7'1ii•, :.It.• lr In ll„• rIn•, �s tl..• rL oLhe uLllizarton l.rI,Ic .rt Ll,c• I Ime Somh withholding• nr is Otherwise ^' rc' • nr, c,w•n, r:; c ,u I.I rc•qu I rr ,,d,1 i L inns 1 arras of materials by be des y • ,, ,rr, to designated. Also it „t ,r kfn,l hnul,l he available In order that a monoplye ., "i1)" art -,I, iI, '11(l i.; within 7 miler; of the City of Rend, the largest com- rcn^q,t iun art•,r, an,l will,in 11 milrs of C}te City of Redmond. 1)r•nvidrs Lhc At this time cl"tint rource of material for the area from this Tumalo to Sisters. (1nc Irides a reclamation Ian c'"ntlirts. r>peratin p ) is adequate to mitigate the potential F reclamation or site plan conditions or standards shall r`.s,in,i1i1i' c:undILIor, s or standards used in the State to mitigate the r,iv,•r•;,• ,•r,vir-c,nnrntal andaisthecic effects of surface mining, r tr`i'g i rrrtrrrt L s :hal 1 h specific vary with the conflict level found to exist at t the Rsite. - Con- tlict level IV surface mines shall meet stringent conditions and standards, and Lhrsc conditic,ns shall exceed those normally used at sites of lesser conflict lrvrlr,. The applicant has provided a reclamation and site plan which provide for:' (1) Phased mining, which provides for screening visible area last (no trees shall be distubed duringby using this interim highly (2) Concurrent reclamation. :tr (3) Off-siter.. processing. (4) Provisions to save trees which provide screening. (S) A paved access road. (6) Limitation on the hours and days of operation. D. Aggregate resources in conflict level IV areas shall be utilized as soon as'' need for the material exists (see SA and B) so as to eliminate the conflicts soon as possible, to prevent additional conflicts from developing, avoid une tsinty, remove possible effects on property values, and reclaim the mine are, and designated this area for uses which do not conflict with nei hborin dentes. This provision shall only apply to sites with a conflict level IV+a1 the time of plan adoption b $ res thetimey the County. Special restrictions such as 6ff-8: processing, limits to the area disturbed, concurrent reclamation and time'lin on the length of the time mining will be permitted will be required. This partitcular site is designated as Conflict Site IV and the applieant:,•has addressed the above requirements as mentioned above. e At the time of the hearing many neighbors a of the proposed zoningchange. g ioesred and testified in oPlSoeit of t Most objections were based upon dust,.noi'se hours and duration of operation of the pit. The Hearings Officer is satisfied that the reclamation plans submitt@d applicant will minimize these objections. As this is a Conflict Area;1,w there ino way to eliminate all conflicts between an active surfacb mina " . The purpose is to get the conflict resolved as,quickl'"Z`�f residential uses Possible and return the area to a non -mining activity. 31-4 BEND AGGREGATE AND PAVING - PAGE 3 .. _.... .,,,,,,,,w„ • "'''i r`s..; ..ata no ann Vol- tXY1GE X71111 . r � ' +F.r. I S I+1�< A1'I'kttl'AI., sul,jc•ct tci tln` t,111Uwin}, r+jnditi+,n:;: I . A �; it u c+nd r,•c: l:+m.+t i,m p I.u+, inc lulling; bonding; provisions, shall be approved bct •re .+ny di-c•lc,I,ment commences. 7. A rc.+d var•+ti„++ t+,r th;it pert ion of Highland Road which will be part of the i ,n site, t„ h(• str+rted imnwdiately. and concurrent reclamation shall be concurrent with the appli- c••+ttt 's prnpusa I . 4. 'fhe access road shall be consistent with County Road Departments standards. 5. Hours of opertation shall be 7 A.M. to 6 P.M., Mondays through Fridays., 6. Tt)ere shall be no on -the -site processing. 7. All trees at the northwest corner of the property shall be retained. 8. That the applicant shall address the County noise ordinance and DEQ require— metas to the extent that they apply to this particular application. r 9. That this pit shall be mined not more than seven (7) years, if the applicant tins not completed the mining at that time, they must then re -appear befog the Hearings Officer to obtain an extension to complete the mining procass..W. DATED this - G__ day of May, 1981. . This derision becomes final 15 days after the above date, unless appealed ta1the Planning Commission by a party of interest.:. INGS OFFICER MA: ch cc:pile Plnnning CummlAsIon Planning Ihipnrtnwnt qt.,,,,,. t.... 1 r Liki �ggrvgll[v 1111t1 Paving Z-81-4 - BEND AGGREGATE AND PAVING - PAGE 4 Y