1989-18930-Ordinance No. 89-019 Recorded 7/27/19898918930
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUZ
An Ordinance Amending Ordinance
No. PL -16, the Sisters Urban Area
Comprehensive Plan, to Change the
Designation of Certain Property
From Urban Area Reserve to Highway
Commercial, and Declaring an
Emergency.
ORDINANCE NO. 89-019
WHEREAS, Relco Oregon Corporation proposed the
of certain property within the Sisters Urban Growth
Urban Area Reserve to Highway Commercial; and
and
REVIEWED
0095 0531
WHEREAS, notice of hearing was given in accordance with law;
WHEREAS, the Hearings Officer held a hearing on the proposed
plan amendment and redesignation of property on April 18, 1989;
and
WHEREAS, the Hearings Officer recommended the proposed plan
amendment and redesignation of property by decision dated May 2,
1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL -16, the Sisters Urban
Area Comprehensive Plan, to redesignate certain property
described in Exhibit "A," attached hereto and by this reference
incorporated herein, and depicted on the map marked Exhibit "B,"
attached hereto and by this reference incorporated herein, from
Urban Area Reserve to Highway Commercial.
Section 2. To adopt as the Board of County Commissioners,
findings and conclusions the Findings and Recommendation of the
Hearings officer dated May 2, 1989, relating to plan amendment
PA -89-3, marked Exhibit "C," attached hereto and by this refer-
ence 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.
1 - ORDINANCE NO. 89-019
,C�ED
ra � �
yy".ry4�.
redes` :gn ion
Boundiiy
from
WHEREAS, notice of hearing was given in accordance with law;
WHEREAS, the Hearings Officer held a hearing on the proposed
plan amendment and redesignation of property on April 18, 1989;
and
WHEREAS, the Hearings Officer recommended the proposed plan
amendment and redesignation of property by decision dated May 2,
1989; and
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL -16, the Sisters Urban
Area Comprehensive Plan, to redesignate certain property
described in Exhibit "A," attached hereto and by this reference
incorporated herein, and depicted on the map marked Exhibit "B,"
attached hereto and by this reference incorporated herein, from
Urban Area Reserve to Highway Commercial.
Section 2. To adopt as the Board of County Commissioners,
findings and conclusions the Findings and Recommendation of the
Hearings officer dated May 2, 1989, relating to plan amendment
PA -89-3, marked Exhibit "C," attached hereto and by this refer-
ence 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.
1 - ORDINANCE NO. 89-019
,C�ED
ra � �
0096 0532
DATED this day of , 1989.
BOARD OF COUNTY COMMISSIONERS
OF DgSCHUT)ES COUN5T, OREGON
AZTTiL
Recording Secretary
2 - ORDINANCE NO. 89-019
/P1
TOM TH$I
0
, cnair
v% yQ�missioner
DLIN, Commissioner
0096 0533
EXHIBIT "A"
Legal Description
The North 200 feet of Lot 6 of SECTION 5 SUBDIVISION,
Deschutes County; except the East 200 feet thereof.
EXHIBIT "B"
0096 0534
9)
EXHIBIT "C"
FINDINGS AND RECOMMENDATION
FILE NO. PA -89-3
APPLICANT: Relco Oregon Corporation
P. O. Box 1060
Sisters, OR 97759
and
Brooks'Resources Corporation
416 N. E. Greenwood
Bend, OR 97701
0096 0535
REQUEST: An application for a Plan Amendment on a 200
foot strip of land from UAR-10, Urban Area
Reserve to CH, Highway Commercial.
PLANNING STAFF
REPRESENTATIVE: Mark D. Shipman
BURDEN OF PROOF: The applicant must establish that the proposed
Plan Amendment conforms with PL -16, the
Sisters Urban Area.
PRELIMINARY FINDINGS
1. LOCATION:
The subject prop-orty is located along Highway 20 at the very
north end of the Sisters Urban Growth, Boundary. It is
further described as part of Tax Lot 200 in Township 15
South, Range 10 East, Section 5*.
2. ZONE:
The subject property is zoned. CH,* Highway Commercial, UAR-
10, Urban Area Reserve, and Landscape' Management, LM. The
parcel is designated- as Urban Area Reserve, Highway
Commercial and Landscape Management on the Sisters Area
General Plan.
Zoning in the surrounding area consists of F-2, Forest Use
with a Landscape Management' Combining Zone to the north;
Urban Area Reserve, Urban High Density Residential and
Highway Commercial to the south; Highway Commercial to the
east, and Urban Area Reserve to the west.
HEARING AND EXHIBITS
The hearing on the above -referenced application was held on April
18, 1989, at the. Deschutes County Administration Building. The
following exhibits make up the record in this matter:
-1- FINDINGS AND RECOMMENDATION, FILE NO. PA -89-3
A. Application;
B. Burden of Proof Statement;
C. March 31, 1989 letter from
for the City of Sisters;
D. Memorandum dated March 20,
Service; and
E. Staff Report.
FINDINGS
0096 0536
Mara Lebman, Urban Planner
1989 from the U. S. Forest
1. The entire parcel is approximately 7.22 acres in size, and
the subject area is approximately 2.3 acres in size. The
topography is generally level, with a vegetative cover of
native grasses, bunch grass, bitterbrush, juniper and pine
trees. There is an existing office building on the parcel
which is utilized by Relco Oregon Corporation.
2. Land uses in the surrounding area consist of National Forest
Service Land to the north; vacant Commercial Land to the
south; however, a 168 space recreational vehicle park has
preliminary approval to be constructed directly to the
south; U. S. Highway 20 and a motel to the east; and vacant
land to the west.
3. The subject parcel was zoned UAR-10.*Sometime after 1980 the
Zoning and Comprehensive Plan designation was changed to
Highway Commercial except for a 200 foot strip of land on
the north end of the parcel, The Planning Division cannot
find any evidence to show when this change was done, or why
the 200 foot strip'pwas established.
4. Brooks Resources built the building on the parcel and used
it as a sales office for land _sales -in the Tollgate and
Crossroads Subdivisions. 'When Relco bought the parcel they
were under the assumption that the entire parcel was zoned
CH.
5. Both applicants desire to amend the Comprehensive Plan and
Zoning designation., Relco has not submitted any development
plans with this application.
6. The City of Sisters has .requested that when the applicant
submits a proposal to' develop. within the 200 foot buffer
being proposed for the. rezone to Highway Commercial (CH),
the Planning Commission requests that a copy of the Site
Plan be sent to 'the City prior to the County's Public
Hearing and approval of the project.
7. The Deschutes National 'Forest, Sisters Ranger District,
requested that when the Ponderosa Motel, located across
Highway 20 from Relco, was under initial development,
setbacks from the National Forest were discussed. The
following recommendations were made at that time:
-2- FINDINGS AND RECOMMENDATION, FILE NO. PA -89-3
0096 053'7
CONCLUSIONS AND RECOMMENDATIONS
BASED UPON the foregoing Findings, the Hearings Officer hereby
RECOMMENDS APPROVAL of this request with the following condition:
1. A 25 foot setback shall be established from the north
property line for any future structure.
DATED and MAILED this 2nd day of May, 1989.
EDWARD P. FITCH
Hearings Officer
cc: BOCC
Deschutes County Planning Director
Deschutes County Planning Commission
Robert S. Lovlien
-4- FINDINGS AND RECOMMENDATION, FILE NO. PA -89-3