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HomeMy WebLinkAbout80-203t' r • Forest Lands VOL FINAL PLAN AMENDNEWS �� August 27, 1980 A c _ e, Finding: After discussion with several local forestry officials Sip 2 4 ROSE o btSCHU FScO AuN1 Y N 7-TERSO it was .CIFRK determined that a 40 acre minimum would sufficiently restrict re- sidential development forest areas, and that in certain relatively small areas on the edges of the forest,.a 20 acre minimum would be adequate, to protect the land for forest uses. Policy: To assure "forest -related" dwellings are compatible with forest uses and to encourage good forest management, a forest management plan prepared in a manner consistent with Department of Forestry guidelines shall be required by the County before the dwelling's Building permit is issued. A site plan indicating that structures to be constructed are located on the less productive land and compatible with forest uses shall also be required. Transportation Policy: The County shall protect the 'Transamerica Bikeway to assure its continued utility. Open Spaces, Areas of Special Concern and Environmental Quality 10. Although DEQ has existing environmental standards with which the County [should] shall coordinate, in instances where such standards are inadequate or non -applicable because of local conditions, the Co'.anty should] Ta I establish more stringent conditions. Noise regulations are an example of such a program.* *Existing policy with change underlined. ,r 0 VOL ! 'FA' 0ZZ AGRICULTURAL LANDS Agriculture '_played an important role in the growth and development of Deschutes County. While agriculture continues to be important, its early dominance of the economy is gone. Production has remained relatively stable (see Oregon Extension Service crop and livestock reports) but the total income from agricultural products has been de- clining in recent years. The State of Oregon, like many other states, has identified the protection of agricultural land as an important objective. For that reason state Land Use Planning Goal 3 is of major importance. In Deschutes County, where some land has severe limitations for the commercial production of agricultural products, this has resulted in considerable debate and occasional hostility. The County has found itself between angry landowners who do not wish to protect what they see as marginal agricultural land, other County residents who are adamant that agricultural land is a non-renewable resource that must be preserved and a state law mandating specific actions that must be taken to protect the land defined as agricultural land. The issue is further complicated by a lack of detailed soils data for most of the County. The proximity to the Cascades, higher altitudes and semi -arid climate have resulted in a short growing season and a need for irrigation water locally. Without irrigation, little soil may be classified better than SCS Agricultural Capability Class VI. Combined with a shallow rooting zone in some areas and a long distance to many of the markets for local produce, the result is an often discouraging and frustrating experience for many farmers; although some farmers do seem to manage to be successful. Another problem is the growing demand for farm- land by many people seeking a rural home. The result has been Not an increase in land prices which often makes it difficult for people f to enter into or stay in full-time farming. On the other hand, smaller part-time operations appear to be somewhat successful in maintaining some agricultural production due to a heavy commitment of non-farm income. Smaller farms have also resulted in smaller losses, in some areas, since a $100/acre loss is more easily born by a 10 acre owner than a 100 acre owner. The possibility of additional farm land in the County appears to be small, except for the development of wells Cas in Lower Bridge and Cloverdale) or if the lining of irrigation canals should become more economically feasible, because no additional adjudicated water may be expected from the Deschutes River. However, the grazing of livestock is, and will likely continue to be an important farm product in all portions of the County. And, much of the crop land production locally is tied to the production of hay for local and Willamette Valley livestock. Particularly in the area of and east of Horse Ridge livestock production is a highly viable ag, ricultural endeavor. Much of Deschutes County's future agricultural production may be associated with the great diversity of livestock presently grown in the County. Certainly agriculture is an important economic element in the County, directly contributing an estimated $10,316,000.00 in 1978, which resulted in a $25,800,000.00 direct and indirect contribution to the local economy. Also important are such secondary benefits as the open space and scenic appearance agriculture lends to County. Benefits which may also pay economic returns in the form of tourist dollars. Because of the controversial nature of agricultural land protection and the marginal character of some farm land a certain amount of flexibility in zoning regulations and programs designed to foster local family farm lands may be required. The use of incentives, ` rather than negative regulations, may in the long run be more effective t , in preserving agricultural lands. Since detailed soils mapping exists for only a portion of the County, it was necessary to develop a more elaborate definition than that found in the state goal. The definition finally agreed to by the County uses the available information on agricultural land and lays a foundation for future additions or deletions as better soils information becomes available. Agricultural Lands Definition Agricultural lands are those lands which are identified as possessing Spit Conservation Service Agricultural Capability Class I-II soils* or, where detailed soils information is not available, agricultural land shall be identified by showing that it has been listed as on Farm Tax Deferral within the five years preceding the adoption of this plan (as indicated on the Existing Land Use Map compiled from County Assessor's records) and/or by the fact that the land is indicated on the County Planning Department's ,Irrigated Lands Map, Having a definition was only the first step, as then it was necessary to differentiate between the various types of agriculture to be found locally and to identify the various area they characterized. The following types of agriculture and their characteristic areas were identified by members of the planning staff, the Agricultural CAC and the Overall CAC. Types of Agricultural Land: A. High Desert Sagebrush and Juniper Land: This is dry land with generally inferior soils (somewhat alkaline in places) with rather severe climatic conditions. It is suitable only for grazing of live- stock and an occasional planting of dryland rye. Predominant farm ownership size, outside rural service centers, is several hundred to *SCS Land Capabilities Classification Map VOL several thousand acres. There are new non-agricultural dwellings. Lands in the vicinity of and east of Horse Ridge are characteristic of this agricultural type. B. Riparian Meadows: These meadows (mostly natural) border waterways and are subsurface irrigated. In spite of a rather severe climate they are suited for the grazing of livestock and the harvesting of a limited tonage of meadow hay. Lot sizes vary, but the most fre- quently occurring are 40 and 80 acre lots with 80 acres the median and the average of the parcels equaling 109 acres. Ownerships often combine lots to create areas several hundred to several thousand acres in size. Due to the groundwater and frequent flooding, there are few residences. Typical lands are along the Upper Deschutes River, the Little Deschutes River and in the Sisters Area, C. Irrigated Commercial Crop Land: This land becuase of more favorable soil characteristics, climate and topography is suitable for raising diversified row crops, grain, etc., with a yield sufficiently high to make farm operation generally self-sustaining and profitable. [Ownerships are occasionally large], The predominant lot size is 80 acres with some large ownerships causing the average y to be 170 acres. The pattern is a mixture of larger and smaller. Few non-farm dwellings exist in this area. Lower Bridge is characteristic of this description. D. Irrigated Marginally Commercial Land: This type of land, because of less favorable soil and climatic conditions, is not able to raise as wide a variety of crops as Type C above, nor is the potential yield as high. However, it can produce occasional row crops, grain, hay and pasture, as well as livestock, on a generally self-sustaining basis, although somewhat marginal at times. A mixture of lot sizes can be found throughout these areas and while there are some large NOL F6 the predominant ownership and tax lot size is [20 to] 40 acres. Lands around Alfalfa, Cloverdale and Terrebonne are characteristic of this agricultural type. E. Dry Rangeland: This land has little water and is without irrigation. Suited only for livestock productionpresently, it often lies in areas where the introduction of irrigation water would make crop production possible, and therefore is a resource for the future. Predominant ownership and tax lot size appears to be [20 to] 40 acres. Lands characteristic of the type are found near [Cline] Odin Falls. F. Marginal Farm Land - Undeveloped: This land will support agricul- tural production only if subsidized to some extent. The lands are suitable for hay and pasture and more particularly, the raising of livestock, particularly if access to public grazing land is available. Ownership sizes cover a broad range but the most frequently occurring tax lot size is [20 to] 40 acres, however, the mixture of sizes results in mean and median lot sizes of 20 acres or only slightly larger. These areas are particularly susceptible to increasing non-farm develop- ment. Areas characteristic of this type of land are some parts of Arnold (east of Bend), Redmond, Sisters, [Terrebonne] and Tumalo. G. Marginal Farm Land - Developed: This land is much the same as Type F, but existing residential development and hobby farming activities have reduced the predominant ownership and tax lot size to less than 20 acres. The land is suitable for raising and grazing livestock on a small scale. Because people are able to subsidize the farm operation, productivity is believed to be higher than might otherwise be the case. Lands typical of these characteristics generally lie close in to urban areas, such as Bend, Plainview, Swalley and to some extent Tumalo. [Western Arnold] Recognizing the importance of protecting agricultural land the following 35 0 was chosen to meet state requirements and local needs: r 'GOAL: To preserve agricultural land in Deschutes County for the production of farm and forestry products, as well as the public need for open space. POLICIES: It has been the policies which have generated the greatest debate. Controversial even before the process began the identification of appropriate mechanisms to protect local agricultural lands has been characterized by heated discussion, polarization of attitudes and occasionally open hostility. Much of the early debate focused on the Interim Agricultural Ordinance meant to protect agricultural lands until the final plan was prepardd, The Agricultural CAC split into two factions with the predominant group (8 of the 15) agreeing upon an ordinance calling for 40 acre minimums in Lower Bridge and east of Horse Ridge, while the rest of the County was 10 acres. This plan was accepted by the County but rejected by the State Land Conservation and Development Commission. LCDC then placed an enforcement order on the County mandating all lands with Farm Tax Deferral status should be protected as agricultural land until a final plan was prepared. In preparation of this plan the Agricultural CAC again proposed a 40 acre minimum for the northern and eastern portions of the County with the rest 10 acres. The Overall CAC, recognizing LCDC's reasoning and the testimony of other farmers and County residents, accepted most of the Agricultural CAC's recommendations but rejected the proposed ag- ricultural definitions and zoning because of: 1. Conflicts with other committee recommendations for rural areas (particularly energy, transportation, and public facilities); von 35 p cf 659 2. Failure to adequately address rangelands and large farm ownerships; and 3. Conflicts between the proposal and the intent of LCDC Goal 3. The Overall CAC, with the assistance of a member of the Agricultural CAC then prepared a new set of policies for definitions and zoning. These policies are basically those contained in this plan, although they have been modified to bring them even more into line with the requirements of the state Land Conservation and Development Commission because of review by the County's Planning Commission, Planning Staff, Board of County Commissioners and a team of consultants hired to check for such issues. ZONING 1. All lands meeting the definition of agricultural lands shall be zoned Exclusive Farm Use, unless an exception to state Goal 3 is obtained so that the zoning may be Multiple Use Agriculture. 2. No more than 25 percent of a., given agricultural district shall be -composed -of lands not of -the same agricultural type Any agricultural lands not zoned EFU agriculture shall be identified in the County exceptions statement. Zoning districts shall be at least 40 acres in size. 3. A change from an EFU zone to a non-EFU zone (except SM or SMR shall require a plan amendment (See Exceptions Maps). [3] 4. Zones and lot minimums shall be established to assure pre- servation of the existing agricultural character of the area: Agricultural Land Type Zone A - High Desert EFU-320 acres B - Riparian Meadows EFU-80 acres C - Irrigated Commercial Crop Land EFU-80 acres D - Irrigated Marginally Com. Crop Land EFU-40 acres E - Dry Ran eland EFU-40 acres F - Marginal Farmland 'Undeveloped EFU-20 acres G - Marginal Farmland, Developed MUA-10 acres [4] S. In order to provide some flexibility in the zoning and to assist farmers who may need to sell an isolated unproductive piece of land in order to assure continued operation of the farm, individual isolated [lots] partitions (creation of one or two new lots) establishing lots_ less than the EFU minimum lot size in EFU areas shall be permitted consistent with ORS 215.213. The remaining farm parcel must be at least the minimum es- tablished by the EFU zone. This shall not be interpreted to ermit the creation of non-agricultural subdivisions in EFU areas. [5] 6. So that a farmer who has lived on his land for 10 years or more may retire and sell his property while retaining the use of his existing home, a homestead exception may be per- mitted which allows the homsteader to retain a life -estate lease on the home and some of the surrounding land. The lease will end with the death (s) of the home- steader and spouse. This exception shall not permit the creation of another residence on the property in question. [6] 7. Public lands meeting the criteria for EFU zoning shall be so zoned unless some other resource (i.e. forest) or public use exists on the land. [7] 8. Lands not meeting the agricultural lands definition but having potential for irrigation according to the Bureau of Reclamation Special Report - Deschutes Project, Central Division, Oregon although presently without water shall receive zoning con- sistent with agricultural Type E. [8] 9. The Multiple Use Agricultural Zone shall allow planned developments, destination resorts, planned communities and cluster development as conditional uses where it can be shown these uses would be consistent with or beneficial VOL FPM' 661' - to the maintenance of agricultural uses in that area. Except for Destination Resorts no overall densities in excess of the underlying minimum lot sizes will be permitted. Other [9] 10. Conversion of agricultural land to non-agricultural uses shall be based on the following: A. acceptable environmental, energy, social and economic consequences; and B. demonstrated need consistent with ORS 215.213. [10] 11. Parcel size exceptions may be granted because of survey errors when original section lines were established, so that standard section divisions may be achieved (i.e, 160, 80, 40, 20, etc. acres). Man-made barriers such as roads or canals, over which the applicant has no control may serve as adequate justification for granting a parcel ( lot) size variance. [I1] 12. Normal agricultural practices (i.e. aerial pesticide app- lications, machinery dust and noise, etc.) should not be restricted by non-agricultural intersts in agricultural dis- tricts. The County shall consider requiring noise, dust, fly etc. easements to be granted to adjoining farmers where non- agricultural uses are permitted. [12] 13. Coordination between public and private landowners to encourage farm use shall be encouraged. And projects to increase pro- dictivity and to bring new land into agricultural production shall be fostered. [13] 14. Control of noxious weeds through educational programs should be continued, [14] 15. Farm and non-farm uses in rural areas shall be consistent with the conservation of soil and water, r� CVOt 35 [15] 16. The County Planning Department shall initiate an on-going ' study of marginal farm lands to develop information on how and when these lands should be converted to other uses, and to consider alternative methods for compensating landowners for loss of development potential. [16] 17. The County Planning Department shall seek detailed soils information for all areas of the County through cooperation with the Soil Conservation Service, U.S. Forest Service, Bureau of Land Management, and MidState Soil and Water Conservation District. [17] 18. Because of the possible adverse effects of EFU zoning to local taxing districts, the Board of County Commissioners shall take such action as is necessary to mitigate undue impacts after one year of experience with EFU zoning or upon sufficient and specific information on the effects of the zoning. SURFACE MINING The mining of pumice, cinders, building stone, sand, gravel and crushed rock is an important local industry. Not only does this mining provide employment_ but it also furnishes products important to the growth of the area. While pumice and ciners have remained in good supply and are exported from the county, it has become increasingly apparent that good quality aggregate is rapidly disappearing. This is a non-renewable resource that must be protected if the community is to be able to take advantage of the lower costs involved with using local materials. At the same time, there also have occurred instances where the increasing demand for certain minerals or aggregate has led to mining operators to come into direct conflict with adjacent property owners. The County's previous lax attitude towards allowing rural development has resulted in a number of conflicts between surface mining and adjacent residents. As the area continues to grow, the number of times when residential or other development uses restrict access to mining resources will un- doubtedly grow, unless there is adequate planning. Adequate surface mining control and reasonable assurance to mining operators of adequate resources have been controversial issues in Deschutes County. Often surface mines have been "poor neighbors" in residential areas because of their environmental impacts and, sometimes, delayed or incomplete reclamation. Because mining is a transient use which ends with the depletion of the resource, it is possible to plan for second uses after the mining ends. Since Deschutes County will have a much larger population by the year 2000, it is important that the mineral and aggregate resources necessary to accommodate that growth be protected, while the County residents are protected from the adverse economic effects of too rapid utilization VOL63 of the resource and the environmental problems associated with the actual mining operations. Several estimates have been prepared to provide some general idea as to the amount of aggregate materials that will be needed, as com- pared to what is known to exist. The first estimate of 13 cubic yards per county resident is based upon an average of the use from 1969 through 1978 The estimate of 15 cubic yards is based upon the average use from 1974 through 1978. The final estimate, 23 cubic yards, is based upon the highest use year during the study period 1978. These figures are then multiplied b the projected populations for each year to obtain an estimate of the amount of material that will be used. It must be noted that while the population is estimated to rise 4.5 percent annually, its actual rise will be either higher or lower depending on the year. The population growth rate in the near future is likely to be faster than it will be in later years, although the real numbers will be higher. Table 1 Year Population 1d3 15yd3 23yd3 1980 53,400 694,200 - 801,000 1,228,200 1981 55,803 725,439 837,045 1,283,469 1982 58,314 758,082 874,710 1,341,222 1983 60,938 792,194 914,070 1,401,574 1984 63,680 827,840 955,200 1,464,640. 1985 66,600 865,800 999,000 1,531,800 1986 69,597 904,761 1,043,955 1,600,731 1987 72,729 945,477 1,090,935 1,672,767 1988 76,002 988,026 1,140,030 1,748,046 1989 79,422 1,032,486 1,191,330 1,827,166 1990 82,900 1,077,700 1,243,500 1,906,700 1991 86,631 1,126,203 1,299,465 1,992,513 1992 90,529 1,176,877 1,357,935 2,082,167 1993 94,603 1,229,839 1,419,045 2,175,869 1994 98,860 1,285,180 1,482,900 2,273,780 1995 103,400 1,344,200 1,551,000 2,378,200 1996 108,053 1,404,689 1,620,795 2,485,219 Year Population 1997 112,915 1998 117,997 1999 123,306 2000 128,200 TOTALS Table 1 Cont. 13yd 15Y_ 2-- d 1,467,895 1,693,725 2,597,045 1,533,961 1,769,955 2,713,931 1,602,978 1,849,590 2,836,038 1,666,600 1,923,000 2,948,600 23,450,427 27,058,185 41,489,677 There are approximately 22 105,000 cubic yards of aggregate proposed .for SM zoning at existing mining sites, although 16,000,000 cubic yards is owned by one operator. Another 18,070 000 cubic yards is identified for SMR zoning,. In addition another 4,000,000 cubic yards is zoned UAR 10 (mining by conditional use) in the Bend Urban Area. This totals 44,175,000 cubic yards. This is only slightly more available than may be utilized by the year 2000 if we actually consume the material at 23 cubic yards per person. If we consider that one mining operator owns almost half of the known resources the County faces the possibility of a scarce resource and a virtual monopoly by one individual County controls must recognize the relative scarcity of the aggregate deposits and the possible economic impacts of too rapid utilization and/or the establishment of a monopoly. JAIthough not one of the more controversial segments of the plan, there has been considerable discussion of surface mining in the County.] The County's goal is: GOAL: To protect and utilize appropriately the mineral and aggregare resources of Deschutes County. The Surface Mining CAC was one of the first formed and its most active members were mining operators. They originally identified the status of existing mineral and aggregate resources and prepared a series of policies and ordinances (interim and permanent) for use by the County. The interim surface mining ordinance controlled mining until final adoption of the new County Zoning Ordinance. During discussion of the s.• VOL 35 P,q r'E. mining policies by the Overall CAC, Planning Commission and Board of County Commissioners some modifications were made in order to more adequately protect the interests of adjacent property owners and residents, as well as the public need to preserve the mineral and aggregate resources. Yet, these groups also recognize that the mining operators needed to have assurance that the resource sites would be available for mining when needed, for both the operator and public's benefit, and that the reduction of incompatible uses was to everyone's advantage. POLICIES: 1. In order that there is up-to-date information upon which to make in- formed decisions about local mineral and aggregate resources, an on-going study of the quality, location, quantity and type of mineral and aggregate resources in the County [should] shall be a responsibility of the County Planning Department. Assistance from the State De- partment of Geology and Mineral Industries shall be sought, To assist in this process, a Surface Mining Committee shall be formed composed of two miners, two non -mining related county residents who live within 1/2 mile of a Surface Mining Zone or Surface Mining Reserve Zone and one at large member chosen from a list submitted by the other four committee members. 2. Surface mining sites actively being utilized at the time of plan adoption [should] shall be zoned SM, so as to permit continued operation. *However, inactive and undeveloped sites identified in the surface mining inventory [should] shall be designated SMR (Surface Mining Reserve), in order that: (.A,) adequate reserves are maintained for future use; and (B-.) the sites are easily identified by all concerned. This protection must include review of and appropriate conditions *Operating sites are those which extract 2,500 or more cubic yards of material within twelve consecutive months. 'PA • upon, developments on adjoining land so as to assure compatability. t r It shall be assumed land designated SMR willl_ ultimately be mined. 3. New mining deposits may be designated either SM or SMR. To be designated SM, the site must meet the criteria for initial SMR designation and the criteria for conversion from SMR to SM. If only the initial criteria can be met, then the designation shall be SMR. 4. A new mining deposit not on the existing inventory shall be zoned SMR when: A. A report is obtained from a certified geologist, engineer/ geologist or qualified engineering testing firm verifying the location, type, quality and quantity of the material; B. Conflict level is 0, I, II or III (IV if there is exceptional community need). In the case of aggregate re- source material an exceptional community need and `otential. shortage based on the currently known sup lies of these materials has been identified in this plan. C. The resource is necessary for future community needs. (3) S. Changes from a Surface Mining Reserve (SMR) Zone to a Surface Mining (SM) Zone shall occur upon findings by the County that: A. The site is needed to meet the next five year resource requirements of the County (not the individual operator whose resource or financial requirements may be met for many years by this one site). In determining the resource requirements, consideration shall be given to population growth, area needs, fluctuations in the construction industry, the amount of materials with active site permits and the sometimes tran- sient nature of mining activities. B. This site is in the closest proximity to the utilization area, or is otherwise the most economical available, at the time. Some withholding of materials by resource owners could require additional areas to be designated. Also, more than one resource site of a kind should be available in order that a monopoly not occur. C. The site plan (includes a reclamation plan) is adequate to mitigate the potnetial conflicts, Operating, reclamation or site plan conditions or standards shall consist of reasonable conditions or standards used in the State to mitigate the adverse environmental and aesthetic effects of surface mining although specific requirements shall vary with the conflict level found to exist at the site. Conflict level IV surface mines shall meet stringent conditions and standards, and these conditions shall exceed those normally used at sites of lesser conflict levels. D. Pumice, cinders or other non -aggregate materials not in scarce supply, which are needed for export in addition to local demand, shall have a lower burden of proof as regards criteria A and B above. However, sites with a conflict level of IV shall not be used for mining and those of conflict level III shall only be used when no other site is feasible and extraordinary precautions are taken. E. Aggregate resources in conflict level IV areas shall be utilized as soon as -a need for the material exists (See 5 A and B) so as to eliminate the conflicts as soon as possible, prevent additional conflicts from developing, avoid uncertainty, remove possible effects on propertv values and reclaim the voE 5�3 mine area and designate this area for uses which do not con- flict with neighboring residences This provision shall only apply to sites with a conflict level IV at the time of plan ado tion b the Count . Special restrictions such as off-site processing, limits to the area disturbed, concurrent re- clamation and time limits on the length of the time mining will be permitted will be required. 6. The operator -applicant must also obtain County approval of a site and reclamation plan, including a phased use and re- habilitation schedule, before the area is mined, The site and rehabilitation plan shall return the site to a useful condition and decrease visual and environmental impact of the operation to the extent by the County Planning Director. In cases where the applicant is applying for both a zone change and approval of a site and reclamation plan, the decisions may be made concurrently by the hearings body. Unless utilization of the site begins within two years of the final decision (includes court decisions), the approval of the site and reclamation plan shall expire. Appeals of the site and reclamation plan shall be to the Surface Mining Committee. Further appeal can be taken to the Board of County Commissioners (the Planning Director can request the Board to call-up a committee decision for review), (4) 7. In the approval of mining operations the site shall be first utilized for archeological excavation, timber harvesting or other first use activities and other non-renewable resource conflicts resolved (i.e., historic sites), before mining begins. (5) S. Once mining and/or associated activities (i.e., rock crushing)o. have begun, they shall be in accordance with state standards von 35 Shu 669 and any more stringent standards that the County may enact, Further, in areas such as F-1 Forestry, residential, agricul- tural, wildlife sensitive areas (i.e., near sites), intensive recreational or other particularly sensitive areas, the mining and associated operations shall be subject to more restrictive standards to keep noise, dust, erosion and other hazards to a level compatible with the adjacent uses. Such standards may include requirements for barrier isolation, setbacks, restricted operating times, concomitant reclamation, limits to active mining area, limits to mining lifetime, restrictions on on-site processing and other similar restrictions reasonably related to possible adverse impacts. 9. The criteria for establishing the conflict level shall be as follows;* Level I (Minimal) - Four (4) or more homes ori:an approved subdivision (10 acre or less lots) within 1/2 mile. Level II (Moderate) - Four (4) or more homes or an approved subdivision (10 acre or less lots) within 1/4 mile, but not adjoining the site, or four or more homes located upon the access route to the site, Level III (Significant).- Four (4) or more homes on lots greater than 10 acres or an approved subdivision (lots greater than 10 acres) adjoining the site. Level IV (Severe) - Four (4) or more homes on lots less than 10 acres or an approved subdivision (10 acre or less lots) adjoining the site. Level 0 (no conflict) - does not meet the requirements for Level I. *Topography, trees or other natural screening may cuase the conflict level to be reduced one level. Also less than four homes will result in the CL beiniz reduced one level. voi TACH ` 10. Although mining should be considered a temporary land use > t (interim and second uses such as recreation should be designated in the SM zone), it is important that the resource sites be protected from incompatible development. To reduce this problem timely utilization of the product shall be encouraged. Also, increased setbacks, screening or other requirements for residential, recreational or other conflicting development on adjacent lands shall be required where feasible. 11. Extraction of mineral and aggregate resources by private landowners for non-commercial use shall conform to the same environmental considerations as commercial operations. The intent is to protect the surrounding area, not to preclude such operations. Such use shall be a conditional use unless the deposit possesses SM zoning. 12. Mining within Wilderness and Roadless areas, watersheds, fish and wlidlife habitats and recreation areas should be prohibited unless an overwhelmingup blic need can be demon- strated and all other alternatives have been exhausted. 13. The County shall retain in its possession lands it now owns which contain aggregate materials so that this resource will be available for present and future community needs. In order to prevent a monopoly in the future, the County may permit private operators to mine County materials, if the County first determines private mining is more efficient than mining by the County. Not '14. All property owners whose property is zoned SM because of the initial legislative rezoning resulting from the adoption of this plan, shall furnish to the County Planning Department maps or aerial photographs which provide, to the satisfaction of the Planning Director, an exact identification of the location and extent of the excavation on the resource site within one year of the acknowledgement of this Plan. It shall be the responsibility of the Planning Director to inform each affected property owner of this requirement by mail within three months of the Plan's adknowledgement. 15. The County shall encourage the study of using materials which can be substituted for sand and gravel. 16. The County shall consider the preservation of aggregate material in all of its land use actions. 17. Because the U.S. Forest Service lifts aggregate materials as "Common Mateiails" and does not make these resources available for use, the County shall encourage the U.S.F.S. to reconsider this policy and provide access to this locally scarce resource. a'► IDENTIFIED CONFLICT SITES During the initial hearings on the Plan, three sites generated considerable debate and controversy: 1) the Highland Estates Pit, north of Tumalo; 2) the Klippel Acres Pit, near Johnson Road; and 3) the Rose Pit, southeast of Bend on Arnold Market Road. Particular attention has been given to these sites and the following policies are established for all three sites: 1. All three pits shall be zoned SMR because resources are known to exist on the sites. 2. No change from SMR to SM shall be permitted except as consistent with Surface Mining Policy number five. This will be particularly difficult for the Rose Pit since it must demonstrate that the resource is in short supply and the site is needed to meet a community need, although the conflict level is Level III. 3. No mining shall occur except after a site and reclamation plan has been approved which includes: phased mining of the areas; off-site processing (except for..a possible 30 - day eriod under unusual circumstances); increasing screening, noise, dust and reclamation of the site; and hours of operation. 4. A neighborhood meeting between the miners and the neighbors shall be sponsored by the Count'. Planning Department so that the extent and conditions under which the mining will ho c,rnliinfinil _ von 35 PAUL 3 DESCHUTES COUNTY YEAR 2000 COMPREHENSIVE PLAN PROPOSED PLAN AMENDMENT ECONOMY POLICIES: Land P.89 Add 17. Deschutes County recognizes that the City of Redmond may need additional land for future industrial use. Thus, the 909 acres within County jurisdiction med- iately to the south of the Redmond Airport, located outside of the Urban Growth Boundary, and further des- cribed as the southern half of Section 27 and 28, and that portion which lies to the west of the COI North Unit Canal in the southern half of Section 26, all in T15S, R13E, shall be considered for future industrial use. The County will take the necessary steps to preserve this area and preclude development which would be.incompatible with industrial development. p�voi 35 m; 674 os:cHuTEs JuweT10N 0000. 0000.. 0000.. :0000.COMMERCIAL 0000. 0000 0000 0000 0000 LIMITED- RURAL INDUSTRIJA scale: 1 " : 1000' 74 a vc� pw,-. 676 AMENDMENTS TO FINAL DESCHUTES COUNTY GOAL EXCEPTION STATEMENT Amend the Redmond Map figures on page 7 to read: Residential Committed 18,579 Resource Committed 69,348 Uncommitted 14,780 12. r FOREST LANDS New Findings: Lot sizes The median lot ownership mean VOL 577 PLAN CHANGES for September 17, 1980 ADOPTION in the F-3 Forest Use Area are predominantly 10 acres. size is 10 acres and the mean is 39 acres (private is 20 acres). SURFACE MINING New Findings: Change wording in introduction to the Surface Mining Chapter to read: "Another 20,570,000 cubic yards is identified for SMR zoning" and "This totals 4675,00 cubic yards." New Policy 5(c): (c) As a condition of the zone change approval the operator and/or owner sha 1 su mit a site -man Inc ued s a reclamation plan) w is is a quate to m t gate the potential conflicts. Operating, reclamation or site plan conditions or standards shall consist of reasonable conditions or standards used in the State to mitigate the adverse environmental and aesthetic effects of surface mining although specific requirements shall vary with the conflict level found to exist at the site. Conflict Level IV surface mines shall meet stringent conditions and standards, and these conditions shall exceed those normally used at sites of lesser conflict levels, If evidence can be submitted which clearly demonstrates the require- ments imposed would make the site non-competitive the standards shall be reduced-.— New educe . New Policy 6: The following sentence shall be removed from Policy 6; "In cases where the applicant is applying for both a zone change and approval of a site plan and reclamation plan, the decisions may be made concurrently by the hearings body." FISH AND WILDLIFE New Policy 5: The following sentence shall be deleted; " Pre-existing lots unduly restricted by this requirement shall be eligible to apply for a variance without the usual filing fee." EXCEPTION STATEMENT Amend LaPine map figures on page 6 to read: Residential Committed . . . . [13,048] 13,083 acres Resource Committed . . . . . . 18� acres Uncommitted . . . . . . . . . [ 4,860] 4,825 acres Amend the total area excepted, as stated on page 13, to read 41,556. Page 8 VOL .75 rmcL 678 Amendment to Resource Element DES'CHUTES COUNTY RESOURCES NON-METALLIC MINERALS The known mineral resources of Deschutes County are the non-metallic types called "industrial minerals". They include pumice, scoria, cin- ders and building stone (products of volcanic activity) and diatomite, clay, and sand and gravel (deposits in lakes and river basins), as well as soil for fill purposes. These materials represent an important asset to the economy of Deschutes County. In addition to being available for local needs, they can satisfy export demand; fairly large quantities of pumice, scoria, and cinders and some building stone are shipped to other parts of the Northwest. Industrial minerals are in adequate supply for the present time in Deschutes County; but certain mineral commodities, particularly sand and gravel, essential ingredients for concrete,and economical only if near the place of use, could be zoned out of existence by the expan- sion of urban developments across or near the deposits. Location of known County mineral deposits can be seen on the County 'Surface Mining Map. T -r A "'^'Kg'r rrV The mineral production statistics by the U.S. Bureau of Mines show that from 1950 to 1961 diatomite production from the Terrebonne de- posit was the leading mineral industry activity in the county. Clo- sure of the Terrebonne mine in 1961 is reflected in the sharp drop in the total mineral production for 1961. Page 8a. PUMICE AND VOLCANIC CINDERS VOL 35 FAGS 679 Pumice, pumicite (pumice fragments less than 4mm in diameter, cinders and scoria (cinder fragments greater than 32mm in diameter), result from explosive volcanic eruptions. Because of Deschutes County's volcanic environment, these materials are commonly found in large quaitities and in good -quality deposits. Since 1961 , these materials have produced the greatest dollar value of any mineral in Deschutes County, according to the Oregon Department of Geology and Mineral Industries. Pumice can be used in a variety of industrial processes and is often utilized as a construction material. Locally, pumice has been exten- sively used for concrete aggregate in building blocks, and is ex- ported for a variety of purposes. Mining in the Bend and Tumalo areas indicates large quantities still exist for use for at least a 50 year period. Cinders and scoria are important road building and maintenance mat- erials. In addition, crushed and screened material is exported (approx- mately 100,000 cubic yards annually), for concrete aggregate. The large number of local cinder cones and mounds are all potential sources of cinders and scoria and indicate that an adequate amount exists for anticipated future uses, both locally and for export. SAND, GRAVEL AND CRUSHED STONE Sand, gravel and crushed stone are most commonly used in construction. Road building and buildings absorb over half of the material utilized. Obviously, for a rapidly growing area such as Deschutes County, these materials are an important resource and concern. If it becomes .. ' Page 8b . NOL 35 PA.0 680 necessary to import aggregate (sand and gravel) supplies, the cost of construction, which is reflected in housing costs, prices of goods and services as well as taxes, will increase significantly, Avail- able information indicates these materials are in short supply and often located near conflicting uses such as residences. Projections of needed materials can be found in the policy portion of this Flan. These projections indicate little surplus material exists even for just the coming 20 years, let alone the 50 year period often used in natural resource planning. Crushed stone reserves are in short supply because few sites are presently known. Additional field work needs. to be done in order to find adequate supplies. One of the problems associated with the use of these materials is their transportation cost. In order to keep the cost of these materials down, it is necessary to assure the hauling distance is kept as short as possible. SURFACE SOIL AND COMMON PILL MATERIAL Common or select fill materials are generally surface soils or those materials that do not meet the qualifications for sand and gravel but are suitable for roadway shoilders, backfilling of utility ditches and for general fill*. Normally, this is a resource not in short supply but in Deschutes County the soils are thin and few thick de- posits are known. The County presently sells from Knott Sanitary Landfill about 100,000 cubic yards of this -material each year, as it excavates for the landfill. Few other sources exist in the County *Geology and Mineral Resources of Deschutes County, Or. DOGAMI. �VOt 31-5 P E 6'SI •' 8'c . presently and a more adequate inventory needs to be done. Building stone is in almost unlimited supply in the county due to the numerous surface and near surface deposits of volcanic rocks, This resource is used locally and small amounts are exported, Clays are available locally and have been used to produce bricks. Pre- sently, the material is used as fill and may also be used as a sealer of water ponds and irrigation ditches. Agate, jasper and fossil wood gemstones occur in minor deposits along the northeastern boundary of the County and in the Millican Valley, GEOTHERMAL Natural steam with temperatures above 392 degrees F. can be used to generate electric power. Water of lower.temperatures may be useful to generate electric power through the application of a heat exchanger and high-pressure working fluid, but the main use lies in the':f ield of multi-purpose heat. Major uses for the lower temperature waters include residential and building space heating, greenhouse heating, agricultural product drying and food process hearing, and drying. In spite of considerable recent volcanism and crustal movement within the County, only two surface thermal displays are known. Both exist within Newberry Caldera (maximum known temperature of 175 degrees F.). However, insufficient data about geothermal gradients, VOL 35 FM' EXHIBIT A FINDINGS AND RECOMMENDATIONS DESCHUTES COUNTY YEAR 2000 COMPREHENSIVE PLAN AMENDMENTS On November 7, 1979 Deschutes County submitted to the Oregon Land Conservation and Development Commission (LCDC) the Deschutes County Year 2000 Comprehensive Plan and requested that the Plan be granted acknowledgement as a plan in conformance with the state land use planning goals. At LCDC's April 10th meeting, the Commission determined that improvements to inventories, policies and ordinance requirements regarding agricultural lands (Goal 3), forest lands (Goal 4) and open spaces - scenic and historic area - and natural resources (Goal 5) would have to be made before acknowledgement could be granted. The County was offered an extension of time, subsequently accepted, in order to prepare the necessary amendments. Attached are the amendments which are proposed to meet the LCDC's requirements. This introduction is provided to explain the findings which determined the content of the amendments proposed, as well as a discussion of the alternatives considered. GOAL 3 AGRICULTURAL LANDS FINDINGS: 1. The Department of Land Conservation and Development (LCDC) Staff Report, adopted by LCDC as the requirements to be met by the County, states on page 37: "In order to comply, Deschutes County must revise its EFU zones to: a. apply the review standards in ORS 215.213(3) to "each" proposed nonfarm dwelling and not allow planned developments in any of the three EFU zones; b. apply the review standard in ORS 215.213(3)(d) to nonfarm dwellings in the EFU-20 zone." vat 2. The wording of Section 4.010(4) of PL -15 meets the LCDC require- ments for compatibility wtih ORS 215.213(3). 3. The wording of Section 4.030(5)(c) needs to be added to meet local concerns regarding compatibility. 4. The Exceptions :'laps reflect the amount of intermingling of Exclusive Farm Use areas and non-farm areas which occur in Deschutes County. 5. Section 4.010(3)(E) of PL -15 requires each non-farm dwelling to meet the non-farm standards in ORS 215.213(3) and County limitations. ALTERNATIVES: No alternatives to the recommended action are available since the requirement is specific as to what must be done. RECOMMENDATIONS: The wording of Section 4.010(4) shall be substituted for Section 4.030(4) and 4.040(4). The wording of Section 4.O30(5)(c) shall be added to all EFU zones. The wording of Section 4.010(3)(E) shall be used in all EFU zones for non-farm dwellings, and reference to partitions, subdivisions and planned developments shall be dropped. Plan policies shall be altered to reflect the restrictions on non-farm dwellings and uses in EFU areas. FINDINGS: 1. The LCDC requires that the County: "Amend the Plan Map for all Exception areas zoned MUA-10 from "Agriculture" to a more appropriate designation (i.e. "Rural Residential") in order to ensure that zone changes from EFU to MUA-10 require a plan change and Exception to Goal 3." to 35, %E684 2. dee -REGOTMENDATION. ALTERNATIVES: 1. Identify all non-agricultural development on the Plan Map. 2. Amend the Plan text to require changes from EFU zones to require a Plan Amendment and change the Plan Map to refer people to the Exceptions Maps, which are part of the Plan, and the Plan text. RECOMMENDATION: 1. Because the first alternative is physically impossible, due to the scale of the map and the extent of Excepted Areas, the second alternative should be used. FINDINGS: 1. LCDC requires the County: "Review the 40 acre and 20 acre minimum lot sizes and where appropriate establish minimum lots sizes or a method of review which ensures that the lot sizes or farm use land divisions are "appropriate for the continuation of the existing commercial agricultural enterprise" in Deschutes County. There are also several methods that combine the use of a minimum lot size with review criteria which can also comply with Goal 3. The Department will assist Deschutes County in developing a method which best suits their particular situation." 2. An inventory of existing farm and lot sizes reveals that: High desert sagebrush and juniper land east of Horse Ridge is charac- terized by lot sizes of several hundred to several thousand acres; Riparian Meadows have predominant lot sizes of 40 and 80 acres and a mean size of 109 acres; Irrigated commercial cropland is predominantly 80 acres; Irrigated marginally commercial crop- land is predominantly 40 acres; Dry rangeland is predominantly 40 acres; Marginal farmland - undeveloped is predominantly 40 acres, but the extent of smaller farms results in a smaller mean and median lot size; and Marginal farmland- developed is pre- dominantly less than 20 acres. 3. EFU lot sizes near Bend, West Terrebonne, Redmond, east and west Horse Ridge and in most of Tumalo are consistent with existing farm lot sizes (farm and lot sizes are usually the same). 4. EFU lot sizes in Lower Bridge, East Terrebonne, Cloverdale, Alfalfa, Odin Falls, LaPine, and other areas with farm characteristics similar to these areas, have lot sizes less than are typical presently. 5. EFU zoning protects land from urbanization while, conserving the land for open space, wildlife and agricultural uses. 6. See Recommendation. ALTERNATIVES: 1. Change the zoning maps and adopt an EFU-80 zone to reflect existing lot sizes. 2. Argue that the existing small lot sizes are reasonable given the marginal agricultural character of the County. 3. Set 40 acres as the minimum EFU lot size in all zones, except for EFU-320, since the Resource Element indicates this is the minimum commercial agricultural lot size. RECOMMENDATION: Change the zoning maps and adopt an EFU-80 zone to reflect existing lot sizes. Alternative 2 was argued during the Interim Agricultural Ordinance, and during the inital submission to LCDC, and was rejected. Alternative 3 does not reflect the individual characteristics of the different agricultural land types or differing areas. !'VOL 35 m'a r1T38 FINDING: 1. Policy 19, on page 5.3,. of the County. Comprehensive Plan statesthat pre-existing status, shall be granted subdivisions with preliminary approval at the time of plan adoption. 2. Seven subdivisions toalling 1,711 acres, were approved in EFU areas before Plan adoption but were never added to the maps. 3. The Plan allows approved subdivisions to be excepted from Goal 3. ALTERNATIVESr:) None RECOMENDATION: Amend the Exceptions Statement and zoning -maps: ,o reflect .the - new . subdi visions . GOAL 4, FOREST LANDS: FINDINGS: 1. LCDC states: "In order to comply with this Goal, Deschutes County must: 1. Amend the FU -2 and FU -3 zones to limit residential development (mobile homes and dwellings in conjunction with forest use) and thereby retain forest uses. If minimum lot size is used as a primary factor in allowing residential development, then a discussion of the impacts on forest use of development at that density and a demonstration of how forest uses will be retained must be adopted as part of the plan." 2. Discussion with LCDC staff indicates that forest -related uses in forest areas should have forest management plans. 3. Representatives of the Department of Forestry and U.S. Forest Service have indicated 40 acre and 20 acre minimums are con- sistent with forest uses in Central Oregon. VDL 35 %E 687 AUTERNATIVES: 1. Make all residential development conditional uses. 2. Require forest -related dwellings to be part of a site and forest management plan. RECOMMENDATION: Require forest -related dwellings to be part of a site and forest management plan. Alternative 1 would be an excessive burden and the LCDC has indi- cated an interest in the forest management plan alternative. FINDING: 1. LCDC requires the County to: "Delete the State Board of Forestry requirement from the FU -1, FU -2 and FU -3 zones." ALTERNATIVES: None. RECOMMENDATION: Delete Sectiors 4.080 (9) (B) and 4.085(9)(B). GOAL 5, OPEN SPACES, SCENIC AND HISTORIC AREAS, AND NATURAL RESOURCES: FINDINGS: 1. LCDC requires the County to: "Adopt a policy to protect existing historic sites and structures, and the Historic Preservation Ordinance." ALTERNATIVES: 1. Adopt an interim policy to protect historic sites and structures, while continuing work on the Historic Preservation Ordinance. 2. Adopt the Historic Preservation Ordinance now. RECOMMENDATION: Alternative 2 should be used since it is simpler. -- 6 -- FINDINGS: Not 35 688 1. LCDC requires the County to: "Adopt policies and implementing measures to protect the approved Oregon Recreation Trails, particularly the Trans- america Bikeway where its route is along County roads." 2. Only 2 mile of the Transamerica Bikeway lies outside state or federal ownership. ALTERNATIVES: None. RECOMMENDATION: Add to the Transportation Chapter a policy to protect the Trans- america Bikeway.and amend PL -15 to implement that policy. FINDING: 1. Although not an LCDC requirement,the Department of Environmental Quality has stated a preference for a statement that the County shall coordinate, rather than should coordinate, with them. RECOMMENDATION: Change policy 10 of the Open Spaces, Areas of Special Concern and Environmental Quality Chapter from should to shall. FINDINGS: 1. LCDC states that for surface mining resources the County must: "Include in.the Resource Element the latest available data on the quantity, quality and location of mineral and aggregate resources." ALTERNATIVES: None. RECOMMENDATION: Amend the Resource Element and Policy Document to include available information on known mineral resources and anticipated nee'da, FINDINGS: x • u ' 1. -LCDC requires the County to: 35 689 "Provide a more detailed analysis on the nature and extent of conflicts between resource sites and existing and pro- posed development. Where substantial conflicts exist, site specific information must be provided in order to justify the County's eventual designations. Exceptions are not required." 2. The inventory indicates 43,425,000 cubic yards of aggregate is known and projections indicate up to 41,489,677 cubic yards may be needed. 3. Amend the Resource Element and Policy document to include avail- able information on known mineral resources and anticipated needs. ALTERNATIVES: 1. Adopt conflict criteria, use a lower needs projection and do not allow mining of high conflict sites. 2. Adopt conflict criteria, use a higher needs projection and identify all mining resources for mining, but increase County regulations to assure compatibility. RECOMMENDATION: Use Alternative 2 since 1 could make the community vulnerable to a severe shortage of aggregate materials. Adopt criteria for measuring the level of conflict for each known mining site. Identify the three known controversial sites for Surface Mining Reserve, but establish stringent requirements for the mining of the materials. Continue to improve the County mining resource inventory and establish a citizens committee to assist this process. Establish criteria for identifying new sites based upon new ■ .,. VOL 35 PAGE 690 T inventory information. . u Maintain publicly owned resource sites for future possible needs. FINDINGS: 1. LCDC states the County must: "Adopt clear, nondiscreationary standards for the change of an inactive SMR site to an active SM site." ALTERNATIVES: None RE C OMME14DAT I ON : Recognizing local population growth, construction industry fluc- tuations and::needs-Indifferent areas of the county establish cri- teria for new surface mining, which provide an objective guide for zone changes from S14R to SM. The criteria should require a demonstration that the material is needed because of local growth and exhaustion of existing sites and that, -'..itis needed in the place proposed. The criteria should also distinguish between aggregate sites, which are in short supply, and pumice/cinders sites, which are in large supply and are an exported material. FINDINGS: 1. LCDC requires the County to: "Adopt standards to protect existing (SM) and proposed (SMR) mineral sites from proposed adjacent development. These standards must apply to the proposed development and not the mine operations." ALTERNATIVES: 1. Place all the burden on adjoining uses. 2. Place all the burden on the mining use. 3. Develop policies for material accomodation. RECOMMENDATION: Use Alternative 3, since 1 and 2 are unequitable. tVOL 35 FA Continue the SMR zone to serve as an identification device for new development and amend the zoning (PL -15) and subdivi- sion (PL -14) ordinances to permit increased requirements for development near SM and SMR zones. Establish a more stringent County mining enforcement program to assure SM sites are compatible with adjoining uses, which includes a Mining Committee with representatives from both miners and adjoining property -owners. VTNnTV0C . 1. LCDC requires the County to: "Resolve any conflicts or technical errors between the County's SM zone and DOGAMI's statutory responsibilities." 2. See RECOMMENDATION. 3. During public hearings, dissatisfaction was expressed regarding existing regulation of surface mines. ALTERNATIVES: 1. Continue a shared enforcement responsibility between the County and the State. 2. Have the County assume all enforcement responsibility for recla- mation and site plans. RECOMMENDATIONS: Because of public dissatisfaction with the State's enforcement program, the County should adopt Alternative 2 in order that the miners be allowed to continue to operate while the neigh- bors have some greater assurance of effective control on mining operations. 10 -- ' w FINDING: NOI 1. LCDC recommends the County "Correct the zoning ordinances to note that the official federal endangered species list is maintained by the Fish and WUldlife Service and not the EPA." ALTERNATIVES: None. RECOMMENDATION: Change the reference as suggested. 35 ?a�E 632 s COURTHOUSE ANNEX, ROOM 102 • PHONE 382.4000, EXT. 207 & 208 BEND, OREGON 97701 O September 17, 1980 TO: Board of County Commissioners FROM: County Planning Department RE: Plan Findings As a result of Comprehensive Plan changes tentatively agreed to on September 4th and 5th it is recommended that the Board adopt the following findings: As refers to Surface Mining Policies 5 and 6: 1. Concern has been expressed by mining operators that too restrictive regulations may cause them to be placed in a non-competitive situation which would result in their being excluded from the marketplace. 2. The Board wishes to assure mining operators that conditions of operation imposed will not be so stringent as to exclude the operators from the marketplace. 3. Concern regarding requiring public hearings on site plans has been expressed due to the technical nature of site plans. 4. The Board has in the past expressed agreement to not requiring public hearings on site plans while allowing for the Planning Director to request written testimony or to conduct an informal meeting regarding the site plan. As refers to Fish and Wildlife Policy 5: 1. The waiver of the variance fee for exceptions to the 100 foot stream setback has resulted in a larger than anticipated number of variance requests, as demonstrated by the number of such variances requested since the Plans initial adoption. 2. The burden on scarce staff time created by the increased variance requests has become increasingly difficult to bear. 3. The loss of riparian areas resulting from the variance approvals . ' f Page 2. r _ + is a resource that cannot be replaced. As refers to the Exception Statement: VOL 35 ?a�F 634 1. Wickiup Acres and Pine Grove Acres are existing rural sub- divisions of acreages ranging from 1/2 to 1 1/2 acres in size. 2. Several summer homes and six mobile homes already exist in the area. 3. No useful purpose can be gained by further restricting �9 development of Wickiup Acres or Pine Grove Acres, and -rte their cont- ed use for recreational and residential pur- poses IL4i not conflict with nearby timber management activities. As refers to Highland Estates SMR zoning: 1. Surface Mining policies in the Comprehensive Plan state: A. "Surface mining sites actively being utilized at the time of plan adoption should be zoned SM, so as to permit continued operation. *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." Policy 3 of the Comprehensive Plan states: A. "Changes from a Surface Mining Reserve (SMR) Zone to a Surface Mining (SM) Zone shall occur upon findings by the County that: a. The site is needed for the three to five year resource requirements of the County." 2. Twenty-three(23) million cubic yards of sand and gravel are presently available in SM zoning. In addition, 243 acres are presently zoned SM but have no estimatable quantities. 4;1--L I,&, I 3. With the addition of the conflict level IV sites, the total amount of sand and gravel with SM zoning would be approximately 30 million cubic yards. 4. The County's need for the next five years is 6,719,105 cubic yards of sand and gravel or approximately 1/4 the amount that would be made available in SM zoning. 5. Opening several conflict level IV sites would actually pro- long the use of these sites, which is contrary to the stated purpose of mining these sites as quickly as possible (less than maximum efficiency). Page 3. NOL 35 615 6 Evidence exists to show that the Highland Estates pit is not an active pit. 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