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Home My WebLink About81-029BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance No. ) PL -15, Deschutes County Zoning ) Ordinance of 1979, Rezoning Certain ) Property from Surface Mining ) F C Reserve (SMR) Zone to Surface ) ' 1• G D Mining (SM) Zone; and Declaring an ) Emergency. ) JUL 1 5 1981 PATTORDINANCE NO. 81-029 RDS OS&AARY ES C VtM CNK WHEREAS, Troy Matthews proposed the rezoning of certain property from Surface Mining Reserve (SMR) Zone to Surface Mining (SM) Zone; and law; and WHEREAS, notice of hearing was given in accordance with WHEREAS, the Hearings Officer held a hearing on the pro- posed zone change on February 24, 1981; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Surface Mining Reserve (SMR) Zone to Surface Mining (SM) Zone by decision dated March 23, 1981; and WHEREAS, the decision of the Hearings Officer has not been appealed to the Deschutes County Planning Commissions 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 Ord naance ooT 1979, to change the zoning from Surface Mining Reserve (SMR) Zone to Surface Mining (SM) Zone for the parcel of real property described as: Tax Lot 702 RI, Section 18, Township 21 South, Range ll.East of the Willamette Meridian. Deschutes County, Oregon, w ' ;4� e ; 3:,6,df• and depicted on the map marked Exhibit "A." attached hereto and by this reference incorporated herein. 7"• ``' p;� "fit t'� �t"'{''` k' �: AD Section 2. To adopt as the Board of County Commissioners"`r"i£ findings and co nc usions, the Findings and Decision of the Rearinge �,"r"• Officer dated March 23, 1981, relating to zone change application Fh%`' x';. Z-81-2, marked Exhibit "B," attached hereto and by this reference incorporated herein. " 6 ti�Hb it}*6 �ERit q i♦ p s fy+k yy J 1 ORDINANCE NO. 81-029, PAGE 1 • >;l �f � ' a� tib, ,'t`•�rr '!u'!T T?„,' r ice- ' '�..a•m�r.urmx�w��` + � "" ', t ,t tr � t i J`f 't9 �9 ✓�yi �`'15,� 9 VOL SAGE 888 i BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance No. ) PL -15, Deschutes County Zoning ) Ordinance of 1979, Rezoning Certain ) Property from Surface Mining ) F C Reserve (SMR) Zone to Surface ) ' 1• G D Mining (SM) Zone; and Declaring an ) Emergency. ) JUL 1 5 1981 PATTORDINANCE NO. 81-029 RDS OS&AARY ES C VtM CNK WHEREAS, Troy Matthews proposed the rezoning of certain property from Surface Mining Reserve (SMR) Zone to Surface Mining (SM) Zone; and law; and WHEREAS, notice of hearing was given in accordance with WHEREAS, the Hearings Officer held a hearing on the pro- posed zone change on February 24, 1981; and WHEREAS, the Hearings Officer recommended that the property be rezoned from Surface Mining Reserve (SMR) Zone to Surface Mining (SM) Zone by decision dated March 23, 1981; and WHEREAS, the decision of the Hearings Officer has not been appealed to the Deschutes County Planning Commissions 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 Ord naance ooT 1979, to change the zoning from Surface Mining Reserve (SMR) Zone to Surface Mining (SM) Zone for the parcel of real property described as: Tax Lot 702 RI, Section 18, Township 21 South, Range ll.East of the Willamette Meridian. Deschutes County, Oregon, w ' ;4� e ; 3:,6,df• and depicted on the map marked Exhibit "A." attached hereto and by this reference incorporated herein. 7"• ``' p;� "fit t'� �t"'{''` k' �: AD Section 2. To adopt as the Board of County Commissioners"`r"i£ findings and co nc usions, the Findings and Decision of the Rearinge �,"r"• Officer dated March 23, 1981, relating to zone change application Fh%`' x';. Z-81-2, marked Exhibit "B," attached hereto and by this reference incorporated herein. " 6 ti�Hb it}*6 �ERit q i♦ p s fy+k yy J 1 ORDINANCE NO. 81-029, PAGE 1 • >;l �f � ' a� tib, ,'t`•�rr '!u'!T T?„,' r ice- ' '�..a•m�r.urmx�w��` + � "" ', t ,t tr � t i J`f 't9 �9 ✓�yi �`'15,� 9 r _ VOl VOP�GE O�`, r Section 3. This Ordinance being necessary for the ' imomediate preservation of pu lic peace, health and safety, an emergency is X declared to exist, and this Ordinance takes effect on its passage. ,.!: DATED this day of 1981. BOARD OF cOUNTY comisSIONERS t OFD S COUNTY, 0 GON r P IN, JEC, Chairman ter CLAY C. ARD. e TP ATTEST:' STONEMAN Recording Secretary 1,34 ws §�{�3'�� kM �R �!' `j,,,, *tip� ,F P�'�+�.x`�' �°T•3`r,!!��' '�� • 4y o S ' (• tt ° ` r Y r s rl'"1 a'✓i1'K'`'»' � A v tw''i x�„•t - t air w '� �• z +1, t� } Wl�, ✓* ' fi3 i.r r :�� v r t .Y � its "�' *-� � �A� %� s � �� A�.. ')1•r Ory; _ 1 E vm 38 ,��89,� C COMPWANTS OF FIRST VYESl JzN TITLE CO. T 21 &. - RAI Tm'� 1; NO' A SUIVEr AND Wt ' IUM o uA;r.nr FOR INAccurtActts� r `� DESCHYTES -C 1 =2000 + Sea . map 20 `� _ �I,f' �sra�--.l •:.r.1 ✓,.�s •��r ♦�r� I �ZS' off '. 100 " •— — — -1- — 0 wore • 5' 4 SE MAP ir o, 21 I 6CQf SEE100 z 100 T8 ZONE: C �� -81•� ::4� b J 3 I 11 0 177 OV STT AELIJ+ • J\ 1 O V o x�e kT -� S upzl � .:pQ� ri FILE NO: APPLICANT• REQUEST: PLAAINING STAFF REPRESENTATIVE: Brian Christensen PLANNING STAFF 4 REG_ ONMLYDATION; Approval • � PUBLIC NEARING:• n, `, Public Fearing was held in room 106, Deschutes County, Courthouse Annex, Bead, OreVa on Pebruarq 26th. 1981 at 7:00 P.N. An oral decision was rendered at that time. s.t BURDEN OF PROOF: In order to receive approvalof this'applieetioa the appli',} cant must most the criteria set forth in Policy.5 (A-IJ`}�,, of the Surface Mining section of the DesehuEes Count "N lyV Comprehensive Plan. 7 r„ >.l� �,_ a 1 r ilk �„`.s • r.+ Sai �.��3,ft �'sa 5��;. r• a v $ FINDINGS:��.� � �� 7" s 4 i F 1 • LOCAT I OCI s The subject property is locted a pproximatelq.l� miles southeast of the intersectfon'` of the LaPine State Park Road and Highway 97 and `is `further described as fax F:ot; ' x ., 702RI, Tovnal:ip 21 south, Range 11 east Section 18. i= • } .�,r-• i�°it,,+ s"� •s s. L^ �"4�r.� t�' '�bt #rt f4 �� ' S�r3?+a"��+�; -t;?A .c t s ro _I ZONE: r `,„. =ate” 7wlif r-"r�pk # ae+. }."7�'.+ '�s°$�,r'`s� SMR, Surface Mining Reserve. K ` 3. COMPREHENSIVE PIAN DESIGNATION• t } trd� der Forest...11X SITE DESCRIPTION:41, The subject property is 20 acres.in' size -and citrrentlgalias adenaal standb lod'epo pine trees on It. The propertq,vas su ed r g••�` that the property has proximately, one bq a'stere&geologist--%' d-Udica F `access is from the north .via BLM sad NFSliottcubic gardsof�sand sand: gt vel• i x da: t ;r;�t� •L .. p{ ; � i- - y. ) _ � Y? a �i�.y��`��"C i`^xh "" wK, iy�� »� ei! Z-81 2 r, a ,, TROY MATTHEWS The surrounding property to the seat. south and west are 20n0d'F-2, The property to the north 1; Sm. The C�rclal property to the south and west. surrounding 1804 u",is, and there Is undeveloped and cleared e National Forest Service owns, AM owned property which Is privately I , and,"'O, the east;_"'r CONCLUSIoNS. owned"ip the north The applicant is In conformance with Statewide Goals which are applicable an follows Coal 4 - Forest Land: The subject property does a to on it no applicant does propose to harvest have ome mort,&, grade t Its int seem to be consistent with continued forest use and refor prior to and replant the area as part of a four Phase reclamation pl ended the timber ani This approach would be consistent with this goal's intent. entat on practices and this` Coal 5 - Open Space. Scenic/Historic Areas. and Natural Resources: Guideline number Six of this goal requires ".... the Inventory of mineral and aggregate resources and" il� Reserve). sites for removal and processing of such resources should be 1ndentifled and Prot This site has been protected for future extracting by zoning it SM *Ctc This Is consistent with this(Surf goal depending upon the showin SCO prIate timing and need for the material. 8 of appro-�-,,v�,'.� 12 The applicant has addressed and Is in conformance with the Deschutes cotutnty r' 9 Reserve (SM) zone Mining (SM) zone shall occur upon findings by the Com in a o Plan Year 2000 In the section; changes from Surface Min n Surfacer ty that: V1, A. The site Is needed to meet the next five year resource requirenents of the county. -,"'O, Based upon the Information supplied in Table • one 0 f this Surface Deschutes County Comprehensive Plan and a Mining Element-., the Lapine Minin been determined by the He Officer the data for g area. it 360.000 cubic Yards of aggregate in t Will be a need for a Min that there he next five y and written testimony and information earn. Thin in bnsed� Department staff.uPotf oral', Supplied by the applicant and the Current resources in the L&PI" area a" prbetween - Planning twenty thousand cubic yards in the next five years. Provide betweeft"ten a B_ This site Is the closet proximity to the economical availableutilization at the time. IM area, or It -otberxr wins, the cost ; Ing Closing -their pit,'c that should they stay open the At the present time the BLM is consider in would be In competit ring the facC^` If It is approved. At this t IM with, material available between th im the sub ect Property VI the.-subjeet',", -property 4 . . . . . . . C. e cities of JBend andthe of �0 V The operator -applicant must also obtain C6unty'n`�' Pproval of "a r It plan . including a Phased use and rehabilitat .,on schedule'' biifore'4the , areAi �min6d Site and rehabilitation plan shall return crease visual and environments) impact r1l the ulefuV.640nd �, ., "I . i!,4 condition to the' c� o, -t- In this case. the applicant has submitted a sIte'plan )a and rehabilitation schedule as required COV ;Ut P 7 0;- V. -O TROY MATTHEWS PAGE 2 i 3 i I6 APPROVAL. subject to the following conditions: k 1. That the applicant meet all the requirements of the road agreements which were part of MP -79-225 prior to operation. 2. The subject property shall be limited to one use. 3. Access shall be from the north only. f 4. A detailed site plan shall be approved before development coasences to include depth to water table. 5. Necessary permits from D.E.Q. shall be approved for operational requirements,'. 6. A National Forest Service road permit shall be required. DATED this,;'L- r day of March. 1981. This decision becomes final 15 days after the above date. unless appealed to thi''.Y. ; Planning Commission by a party'of interest. t V VOL no 893 f - DECISI04: i 3 i I6 APPROVAL. subject to the following conditions: k 1. That the applicant meet all the requirements of the road agreements which were part of MP -79-225 prior to operation. 2. The subject property shall be limited to one use. 3. Access shall be from the north only. f 4. A detailed site plan shall be approved before development coasences to include depth to water table. 5. Necessary permits from D.E.Q. shall be approved for operational requirements,'. 6. A National Forest Service road permit shall be required. DATED this,;'L- r day of March. 1981. This decision becomes final 15 days after the above date. unless appealed to thi''.Y. ; Planning Commission by a party'of interest. t V