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HomeMy WebLinkAbout80-213VOL lfenu 58 .: tJ 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