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HomeMy WebLinkAbout91-028LEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNT 91-210540- An 1-210542An Ordinance Adding a New Subsection (G) REVIEWED $u OREGON, LEGAL COUNSEL to Section 19.16.030, Conditional Uses t, 07) Permitted, of Chapter 19.16, Surface Mining Zone - SM, Deschutes County Code, to Allow Low Intensity Recreational Uses in the SM Zone within the Inner Urban Growth * NSCnOFiLMEt� r r, Boundary as Conditional Uses, and * r Declaring an Emergency. ORDINANCE NO. 91-028 007 0359 WHEREAS, High Desert BMX Bicycle Park proposed a zone text amendment for the Surface Mining, SM zone; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Bend Urban Area Planning Commission (Planning Commission) held a hearing on the zone text amendment on June 24, 1991; and WHEREAS, the Planning Commission recommended that the zone text amendment, as revised by County Staff, be approved; and WHEREAS, the Board of County Commissioners finds that the proposed text amendment is consistent with the Bend Area General Plan; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Section 19.16.030 Deschutes County Code is amended by the addition of subsection (G) which reads: "G. Low intensity recreational uses in SM zones within the Inner Urban Growth Boundary, (IUGB), such as BMX bicycle tracks, ballfields, and parks and open space, subject to the criteria set forth in Section 19.100.030, of this Title and the following: 1. The surface mining shall have been completed on the area to be utilized for recreational purposes and the site reclaimed prior to or in conjunction with the proposed recreational use. These pre -conditions shall not apply where no resource exists on the area to be used. 2. A showing that with respect to the proposed recreational use, the adjacent mining operation, as currently operated and as may forseeably be operated in the future, will be able to operate without violating DEQ noise and dust standards applicable to ise or dust -sensitive uses.';'.'' 1 - ORDINANCE NO. 91-028 0167 ®6© 3. The applicant and/or proprietor of the recreational use shall sign and record in the Deschutes County Book of Records a statement declaring that the applicant and the applicant's successors will not now or in the future complain about permitted surface mining activities on the adjacent surface mining site. 4. The proposed recreational use shall be setback 250 feet from existing surface mining operations and those that may forseeably be located on the site in the future." Section 2. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this Recording //7"t6 day o , 1991. BOARD OF/COUNTY COMMISSIONERS OF DESCH COUNTY, OREGON r A ary 2 - ORDINANCE NO. 91-028 NANCY SOP ❑C EN, Commipsioner --Yol-., .