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Home My WebLink About88-028a-1790 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DES An Ordinance Amending Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, Changing the EFU-80 Zone Designa- tion to Surface Mining (SM) on a Five -Acre Parcel of Real Property Located in Section 16, Township 14 South, Range 12 East of the Willa- mette Meridian, Deschutes County, Oregon, and Declaring an Emergency.* ORDINANCE NO. 88-028 REVIEWED LEGAL COUNSEL 0093 1418 WHEREAS, Fred and Judy Gunzner proposed a zone change from EFU-80 to SM on certain real property; and WHEREAS, notice of hearing was given in accordance with law; and WHEREAS, the Hearings Officer held a hearing on the zone change on May 3, 1988; and WHEREAS, the Hearings Officer recommended that the zone change requested for the subject property be approved, subject to conditions, by decision dated June 7, 1988; and WHEREAS, the decision of the Hearings Officer was appealed by the applicants to the Board of County Commissioners; and WHEREAS, the applicants subsequently withdrew their appeal; and WHEREAS, the Board of County Commissioners held a public hearing on the proposed zone change on July 27, 1988; now, there- fore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended, is amended to change the zone designation on the subject property, as described in Exhibit "A", attached hereto and by this reference incorporated herein, from EFU-80 to SM, as depicted on the map marked Exhibit "B", attached hereto and by this reference incorporated herein,. Section 2. To adopt as the Board of County Commis f�nei;s findings and conclusions the amended Findings and Recommemdj�Vion of the Hearings Officer, dated June 7, 1988, relating-E$=toiqe < .,., -- c-a p.11 r--- ... 1 - ORDINANCE NO. 88-028 KEYr Cn 0093 1419 Change Application No. ZC-88-1, marked Exhibit "C", attached hereto and by this reference incorporated herein. Section 3. 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 'b\ day of , 1988. AT EST: Recording Secretary 2 - ORDINANCE NO. 88-028 BOARD OF COUNTY COMMISSIONERS OF D CHUT COUNTY REGON O S BRISTOW PRANTE, Commissioner JPJ Commissi MAUDLIN,"Chairman EXHIBIT "A" POVEY & ASSOCIATES—LAND SURVEYORS 003 14 20 \\ REGISTERED PROFESSIONAL LAND SURVEYORS. OREGON NO. 1652 and 2039 -) PARTNERSHIP I.D. "3-0738184 P.O. BOX 131 • OFFICE 354 S.W. 7th • REDMOND, OREGON 97756 • (503) 548-6778 Description FRED GUNZNER portion of NE1/4NE1/4 Section 16 T.14S.,R.12E.W.M. PROPOSED MINE IN OREGON SCENIC WATERWAYS SYSTEM Description of a parcel of land situate in a portion of the NE1/4 of the NE1/4 of Section 16 T.14S.,R.12E.W.M., Deschutes County, Oregon, said parcel to be used for surface mining purposes more particularly described as follows: Commencing at the Northeast corner of Section 16 T.14S.,R.12E.W.M., the Initial Point; thence Southerly along the East line of said Section 16 to South line of the North 300.00 feet of the NE1/4 of said Section 16 and the true POINT OF BEGINNING; thence Southerly along said East line approximately 550feet to an existing fence; thence Northwesterly along said fence to the West line of the East 500.00 feet of said NE1/4; thence Northerly along said West line approximately 350 feet to the South line of the North 300.00 feet of said NE1/4; thence Easterly along said South line to the POINT OF BEGINNING. Same containing approximately 5 acres of land. REGISTERED PROFESSIONAL AND 9URVEYOR 0REGG'N JULY 14, 1978 ROBERT R. 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REPRESENTATIVE: EXHIBIT "C" AMENDED FINDINGS AND RECOMMENDATION ZC-88-1 Fred and Judy Gunzner P. O. Box 820 Redmond, OR 97756 0093 1422 J U N J 9 1988 An application for a Zone Change which would allow the rezoning of 5 acres from EFU-80, Exclusive Farm Use, to SM, Surface Mining. George Read BURDEN OF PROOF: The applicant must establish that the proposed zone change conforms with Sections 4.020, 4.100 and 10.020 of the Deschutes County Zoning Ordinance as well as the Deschutes County Comprehensive Plan. PRELIMINARY FINDINGS 1. LOCATION: The subject property is located approximately 800 feet northeast of Lower Bridge, off of Lower Bridge Road, and is further described as Township 14 South, Range 12 East, Section 16 and is a portion of Tax Lot 1801. 2. ZONE: The present zoning on the property is EFU-80, Exclusive Farm Use. The applicant proposes that a zone change to SM, Surface Mining. HEARING AND EXHIBITS The hearing was held on the above -referenced application on May 3, 1988, at the Deschutes County Administration Building. The following exhibits make up the record in this matter: A. Application; B. Applicant's report; C. Applicant's ESEE report; D. Staff report; E. Public Works Memorandum; F. Park and Recreation letter of April 19, 1988; and G. Applicant's letter of March 29, 1988 and accompanying maps. -1- AMENDED FINDINGS AND RECOMMENDATION, File NO. C-33-1 FINDINGS OF FACT r T� � 1. The Deschutes County Comprehensive Plan Year 2000 contains a Surface Mining. Section which establishes Goals and Policies for Surface Mining. 2. The Deschutes County Comprehensive Plan is currently not acknowledged by the State of Oregon Department of fLd Conservation and Development. This requires the applicant to address all relevant Goals and Policies of the LCDC Goals. This also specifically requires the applicant to conduct an analysis of the subject site to show that the detriments of the proposed use to other the benefits resources in the subject area are, out weighed by proposal. 3. The subject property consists of a working fof approximately 320 acres in size. Portions of the property are irrigated by deep wells and sprinkler pivots. Other portions of the property is not irrigated and is used for grazing. The subject 5 acre parcel is in an area which has had some mining in the past and there are no agricultural uses currently in existence upon it. Access to the site would be from a road shown on the applicant's site plan which links the site with or Bridge Rad,cross ing through the applicant's propertyppoely 1/4 mile. The applicant proposes a surface mine for the purpose of extracting gravel for aggregate. 4. Zoning in the surrounding area consists of EFU-80 around the subject parcel owned by the applicant. SM Zoning exists approximately 1,000 feet to the south and to the west, across the Deschutes River. Other zoning to the southeast consists of property recently rezoned from EFU-40 to EFU- 20. This property is currently undeveloped and owned by the applicant. The Surface Mining Zoning inthe surrounding area consists of diatomaceous earth and gravel. Thihas been a historic use since the early 1900's. There are no dwelling units within 1/2 mile of the subject parcel. 5. Though the applicant has submitted information regarding the amount of aggregate at this site, the Hearings Officer makes no specific findings since those issues will be dat hearings scheduled in June 1988. It does appear, that the site had be mined in the past and does contain some aggregate. 6. If there is sufficient aggregate at this site, it would be appropriate to utilize this site since there are very few residents within the area of this location. -2- AMENDED FINDINGS AND RECOMMENDATION, File No. ZC-88-1 0093 1424 7. The applicant has indicated on Page 4 of its report:, that they are prepared to implement reasonable conflict resolution procedures. The Hearings Officer finds that activity at this site will have some impact on the scenic water way along the Deschutes River. To compensate for that impact, the Hearings Officer does find it appropriate to require an access easement along the river for the public. Portions of, the Deschutes River on the opposite side to the west and to the southeast already have public access. 8. In their letter of April 19, 1988, the Oregon Parks and Recreation Division of the Department of Transporation did not indicate whether or not they would consider any impacts.. They did indicate that mining activity required notification of intent to be filed with that office. The applicant has indicated that such notification has been filed. The Park and Recreation Division did, however, indicate that one of their concerns is the visual impacts of the project and the reclamation plans of the applicant. 9. There are no agricultural uses which could be affected by the proposed surface mining. There is no current agricultural capability in this area. 10. An error was made when this property was zoned. As noted above, the property had been previously mined and should have been zoned SMR because of the previous mining and the fact that there is some quantity of aggregate at this location. Furthermore, a site across the river, which is being currently mined, is nearly depleted according to the Department of Geology and Mineral Resources. 11. In a Memorandum from the Deschutes County Public Works Department, the following requirements were requested: A. An access permit must be obtained from the Deschutes County Department of Public Works before any new access is taken from Lower Bridge Road. B. The site distance must be approved for any access to Lower Bridge Road whether the access point is a new or existing access. (This is being required to improve safety due to the slow acceleration of trucks that would be turning onto the steep Lower Bridge Road in this area.) C. The applicant must pave their private road providing access to Lower Bridge Road for a distance of no less than 200 feet from the County road. (This will 'help reduce the amount of debris, dirt and rock that gets spilled or tracked onto the County paved and maintained road.) -3- AMENDED FINDINGS AND RECOMMEN DATION, File No. ZC-88-1 0093 1425 D. The applicant will install a left turn refuge lane on Lower Bridge Road for east bound traffic wishing to turn north into the mining site. (This will provide a safe place for trucks to stop as they wait to turn into the site and reduce the chance of a vehicle coming from the west.) E. The applicant will install a deceleration lane for west bound vehicles making a right turn into the site from Lower Bridge Road. (This will provide an area for trucks to slow down from their steep descent traveling westward on Lower Bridge Road to the turn-off to the mine. This will also help reduce the chance of a west bound vehicle coming upon a truck slowing for the turn and having to jam on the breaks or swerve into the east bound lane and thus risking a head-on collision.) This Memorandum was sent to the Planning Division after their staff report had been mailed out. There was no comment at the hearing on these requirements. Since this matter is going before the Board of Commissioners, these requirements will be made as part of this recommendation, but should be addressed by both the Planning Department and the staff. 12. Subsequent to the issuing of the original Findings and Recommendation, the Hearings Officer was advised by both the Planning Division and the applicant that these Public Works requirements had been based upon misinformation and Public Works no longer requires these conditions in the zone change. The Hearings Officer has, therefore, been requested to issue an Amended Findings and Recommendation, which the Hearings Officer has agreed to do. BASED UPON the foregoing Findings of Fact, the Hearings Officer hereby recommends approval of the zone change subject to the following conditions: 1. The applicant shall obtain all necessary permits from the Department of Geology and Mineral Industries. 2. The applicant comply with all requirements for water, noise and dust pollution established by the State of Oregon Department of Environmental Quality. 3. The applicant obtain site plan approval from Deschutes County prior to commencement of any mining on the subject site. -4- AMENDED FINDINGS AND RECOMMEC,IDATIOH, File No. 7C-32-1 0093 1426 4. The applicant shall dedicate a conservation easement or the equivalent property dedication to a Parks District or other agency approved by Deschutes County to the public. This shall be on a form approved by the Deschutes County Legal Counsel and consistent with the Zoning Ordinance. This easement or dedication shall include at least 10 feet from the mean high water line of the'Deschutes River on property of the applicant as required by the County. DATED and MAILED this 7th day of June, 1988. /s/ EDWARD P. FITCH EDWARD P. FITCH Hearings Officer cc: BOCC schutes,County Planning Commission Deschutes County Planning Director David M. Jaqua -5- AMENDED FINDINGS AND RECOMMENDATION, File No. ZC-33-1