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HomeMy WebLinkAbout80-215itll�. �t'1G� BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHW` Sb;,COU Y' O . EGON Ut, ,r An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning ) 'e 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. 80-215 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 of 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: 40 acres located within the boundaries of Tax Lot 100, Section 12, Township 15 South, Range 10 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-80-24, marked Exhibit B, attached hereto and by this reference incorporated herein. ORDINANCE NO. 80-215, 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 21900110day of �/� , 1980. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ROBERT C. PAULSON, JR.., Commissione ATTEST: ORDINANCE NO. 80-215, PAGE 2 FILE NO: ADAT TrANTT - REQUEST: PLANNING STAFF REPRESENTATIVE: PLANNING STAFF RECOMMENDATION: PUBLIC HEARING: BURDEN OF PROOF: FINDINGS: A. Subject Property: C VOL ► 6PAGE or'? 410 HEARINGS OFFICER DESCHUTES COUNTY COURTHOUSE BEND, OREGON 97701 TELEPHONE (503) 382-4000, EXT. 223 FINDINGS AND DECISION Z-80-24 Dschutes 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 1/2 mile south of Highway 126 on Cloverdale Road and is further described as a portion of Lot 100, Township 15, Range 10, Section 12. 2. Zone: EFU-20, Exclusive Farm Use. 3. Comprehensive Plan Designation: Agricultural 4. Site Description: The subject property is zoned EFU-20 and is approximately 40 acres in size. The resource is cinders mixed with clay; the estimated quantity for this site and the adjacent site is approximately 11,300,000 cubic yards. Access to the property is directly from Cloverdale Road. Z-80-24 - DESCHUTES COUNTY - PAGE 1 EXHIBIT B, PAGE 1 VOL 16('�cE X41 VICINITY INFORMATION: The adjoining properties are currently zoned EFU-20, Exclusive Farm Use. 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. The Hearings Officer finds that should the applicant wish to change the designation from Surface Mining Reserve to Surface Mining, he must meet a number of conditions which are established and set forth in the Deschutes County Year 2000 Comprehensive Plan before the designation can be changed and the site be actively mined. B. The Hearings Officer finds that placing the reserve designation on this property simply identifies the property as containing a natural resource which the county feels necessary to protect for the possibility of future use. The applicant is in conformance with the applicable LCDC Goal Five - Open Spaces, Scenic and Historic Sites and Natural Resouces. THis particular goal requires and establishes that we should indicated and designate these areas that may be used for mineral and aggregate resouces at a future date. This particular application will not take any agricultural property out of use, nor will it change any current farming partices. At such time as the applicant wishes to remove this from the reserve status to an active status he will have address the criteria in the Comprehensive Plan as well as the LCDC Goals. RECOMMENDATION: The Hearings Officer recommends to the Board of County Commissioners that Z-80-24 be approved to Surface Mining Reserve. DATED this J6 Y4, day of June, 1980. This decision becomes final 15 days after the above date, unless appealed to the Planning Commission by a party of interest. Mye Avedovech' HEARINGS OFFICER MA: ch cc:file Planning Department Planning Commission Jill Thompson & Willard Cyrus Z-80-24 - DESCHUTES COUNTY - PAGE 2 EXHIBIT B, PAGE 2 r 300 200 2-5 T 15U09Q -niV SDUVAVPi LY 40 Or -T4 wac LEGEND: Surface ining Reserve (SMR) VOL PAGE loo 12 I I 7 'I �N IJ 7 - 7 70 2-5 T 15U09Q -niV SDUVAVPi LY 40 Or -T4 wac LEGEND: Surface ining Reserve (SMR) VOL PAGE loo 12 I I 7 'I �N IJ