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HomeMy WebLinkAbout84-016'�3 gE—IG4�a vOUL 52 PACF_725 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordin- ance PL -15, Deschutes County Zoning Ordinance of 1979, as 171 LED Amended, Rezoning Certain Property From Surface Mining MAY -21984 Reserve (SMR) Zone to Forest Use (F-2) Zone, and Declaring an Emergency. MARY SUE PENALLOW, CO. CLERK ORDINANCE NO. 84-016 WHEREAS, Seventh Mountain Sales Corporation proposed the rezoning of certain property from Surface Mining Reserve (SMR) Zone to Forest Use (F-2) Zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the proposed zone change on February 14, 1984; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Surface Mining Reserve (SMR) Zone to Forest Use (F-2) Zone by decision dated February 29, 1984; 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. That Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is amended to change the zoning from Surface Mining Reserve (SMR) Zone to Forest Use (F-2) Zone for the parcel of real property described as follows: A portion of Tax Lot 200 in Sections 22 and 23, Township 18 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 decisions of the Hearings Officer dated February 29, 1984, relating to Zone Change 1 - ORDINANCE NO. 84-016 fC M 1995 Vii 52 ?A,, PE 126 Application No. Z-83-7, marked Exhibit "B", attached hereto and by this reference incorporated herein. 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 , 1984. BOARD OF COUNTY COMMISSIONERS OF DESCH TES COUNTY, OREGON AL T A. YOUNG, airma IrN ATTEST:a Kk-� �', �� �C.(J✓y�y ' Recording Secretary 2 - ORDINANCE NO. 84-016 LOIZ/'BRISTOW PRANTE)i Commissioner LAURENCE A. TUTTLE, Coilgnissioner _ .v..3v _spa. �-• h.... �. x.,. ES . �T RR T VOL. Y HIYI i 52 FACE728 , c EX q . • �!/ OV IL Hearings Officer/ ❑ Administrative Law Judge .,t " -C Courthouse Annex / Bend, Oregon 97701 / 15031 388-6626 DESCHUTES COUNTY HEARINGS OFFICER PUBLIC HEARINGS, FEBRUARY 14, 1984 File Number: Applicant: Request: Planning Staff Representative: Planning Staff Recommendations: FINDINGS AND DECISIONS Z-83-7 Michael T. Dugan i' PAM �g IpfcOgGQ;�t e C Seventh Mountain Sales Corporation -" A request for a zone change from SMR (Surface Mining Reserve) to F-2 (Forest Use). Craig Smith Approval Public Hearing: The public hearing was held in Deschutes County Courthouse Annex Conference Room 106, Bend, Oregon, on Tuesday, February 14, 1984, at 7:00 p.m. Burden of Proof: In order to receive approval of this request the applicant must meet the criteria as set forth in Sections 4.110 (7) and 10.025 of PL - 15, the Deschutes County Zoning Ordinance. Findings: 1. Location: The subject property is located approximately five miles southwesterly of Bend off of Cascade Lakes Highway, and is further described as a portion of Tax Lot 200 in Sections 22 and 23, T18S, R11E. 2. Zone: The subject property is currently zoned SMR, Surface Mining Reserve and LM, Landscape Management. 3. Comprehensive Plan Designation: The Deschutes County Comprehensive Plan Map currently designates the subject property as Forest and Landscape Management. 1 - DECISIONS AND FINDINGS Y , � Vel 52 PALE _ 4. Site Description: The land immediately to the west is zoned , F-2 and is national forest land. The land to the south and west is currently the location of a destination resort, the Inn of the Seventh Mountain and is owned by the applicants. The land immediately to the east is zoned Landscape Management and F-2. This land borders the Deschutes River but is not a part of this application. This application arises upon an overall application for a Master Plan, Conditinal Use and zone change which will allow the expansion of the Inn of the Seventh Mountain in a phased development covering approximately 230 acres. This zone change request only applies to a portion of the 230 acres and consists of approximately 33 acres. 5. Surrounding Land Use: The subject property has a relatively flat topography and is covered with scattered ponderosa pine and brush. The prevailing rock types mapped on the site include basalt, ash flow and air -fall materials. (see Hearings Officer Exhibit No. 4) The site is mantled with soil and outcrops are few. There is one conspicuous outcrop consisting of a prominant basalt ridge that roughly parrallels the eaterly site boundary. According to Exhibit No. 4 (Hearings Officer file), roadcats were inspected and no air -full (pumice fall) materials were observed. The applicant caused field exploration, consisting of digging a series of trenches and classifying of the soils profits. Four of the trenches were excavated to a depth of 4 feet, the remaining two were excavated to a depth of 15 feet. The findings of this exploration show that no pumice material was encountered through the 15 foot level. This finding is significant in that it demonstrates the considerable overburden in a limited sized area (33 acres). The landscape management zone restriction would further reduce the mining site of 20 to 40 percent. The U.S Bureau of Mines figures for pumice market value compared with excavation costs to mine the materials show unfavorable mining conditions. The break even point is at an overburden depth of approximately 12 to 15 feet. Exhibit No. 4 shows that pumice material was not found at these levels. The Seventh Mountain Corporation has obtained the mining rights. According to their mining survey (Hearings Officer Exhibit No. 3) the mining, if it was to occur, would be by the open pit method. This would cause a clearing of the land of vegetation, removing the overburden, and extracting the pumice by truck.. This would create extensive use of heavy equipment, dust conditions and safety hazards. By rezoning the parcel to F-2, these potential conflicts are resolved. Conformance to the Applicable Criteria: Section 4.110 (7) of PL -15, the Deschutes County Zoning Ordinance, states: "Rezoning to other than SM. In addition to the standards governing rezoning contained elsewhere in this ordinance and in 2 - DECISIONS AND FINDINGS VOL 52 FACE"I 39 County Ordinance PL -9, the following findings must be made before an SMR zone can be rezoned to other than an SM zone: (A) There are no economically significant mineral or aggregate deposits within the area concerned; and (B) Such deposits would not be likely to occur in the future if the zone change were not granted." Based on the findings above stated and as contained in Hearings Officer Exhibits Nos. 2, 3 and 4, I find that there are no econimically significant mineral aggregate deposits witin the area concerned, and that such deposits would not be likely to occur in the future if the zone change is not granted. I might add that pumice is generally created via air -full from volcanic activity. There is no evidence that volanic activity is presently ocurring in the area or that it is likely to occur in the near future. Section 10.025 of PL -15, the Deschutes County Zoning Ordinance, states: "REZONING STANDARDS: The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: (1) That the change conforms with the Comprehensive Plan, and the change is consistent with the Plan's introductory statement and goals. (2) That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. (3) That changing the zoning will presently serve the public health, safety and welfare considering the following factors: a. The availability and efficiency of providing necessary public services and and facilities. b. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. (4) That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of property in question." By rezoning from Surface Mining Reserve to F-2, Forest Use, the change conforms with the Comprehensive Plan and is consistent with the plan's introductory statements and goals. The change will effectively prevent mining of this area, thus insuring that 3 - DECISIONS AND FINDINGS Vu1 5 pAC "3 Y the plan's goals in terms of forest uses and landscape management are met. The change will conform to the intent of the purpose of the F-2 zone which states: "to assure orderly and planned developement of public and private recreational and other uses which are compatible with forest use and to minimize potentil hazards or damage from fire, pollution, erosion or urban development." The change in the zonimg will presently serve the public health safetly and welfare considering the availability of efficiency of providing necessary public services and facilities and the impacts surrounding land use with respect to the goals and policies within the Comprehensive Plan. This application is in conjunction with a proposed expansion of the Inn of the Seventh Mountain. The facilities at the Inn of the Seventh Mountain will provide the necessary public facilities and services if approved. If it is not approved, the F-2 zone will not require substantial increases of public services. I find this criteria is satisfied. There would not be substantial impact on surrounding forest lands, Finally, there was most likely a mistake in the original classification or zoning. According to the exhibits (Nos. 3 and 4), there is no economically feasible mineral or aggregate on these parcels. I would find that a mistake was made. Conclusion: The request for a zone change is approved. THIS DECISION BECOMES FINAL 15 DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED, this day of February, 1984. MICHAEL T. DUGAN Hearings Officer MTD/jeh cc: file BOCC City of Bend Planning Director Redmond City Planning Director County Commissioners Seventh Mountain Sales Corporation 4 - DECISIONS AND FINDINGS