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1989-18931-Ordinance No. 89-020 Recorded 7/27/1989t 89-18931 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE An Ordinance Amending Ordinance No. PL -17, the Sisters Urban Area Zoning Ordinance, to Change the Designation of Certain Property From Urban Area Reserve to Highway Commercial on a Portion of Tax Lot 200 in Township 15 South, Range 10 E.W.M., Section 5, Deschutes County, Oregon, and Declaring an Emergency. ORDINANCE NO. 89-020 REV EMED !. CA, COUNSEL .OU---OREG0N — 0096 0538 WHEREAS, Relco Oregon Corporation proposed the a from Urban Area Reserve to Highway Commercial on cert property; and WHEREAS, notice of hearing was given in accordance and C1 bApge mow; �a WHEREAS, the Hearings Officer held a hearing on the proposed zone change on April 18, 1989; and WHEREAS, the Hearings Officer recommended that the zone change requested for the subject property be approved, by deci- sion dated May 2, 1989; and WHEREAS, the decision of the Hearings Officer has not been appealed, and WHEREAS, by Ordinance No. 88-019, the Board of County Commissioners adopted the necessary comprehensive plan amendment; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. To amend Ordinance No. PL -17, the Sisters Urban Area Zoning Ordinance, to change the zone designation on 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 zone change ZC-89-31 marked Exhibit "C," attached hereto and by this refer- ence incorporated herein. 1 - ORDINANCE NO. 89-020 li`Y NC `u A� '8 0095 0539 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 -th day of , 1989. OARD OF COUNTY COMMISSIONERS OF DESCHU,TES COUNTY/,1 OREGON S B ISTQW PRANTE, C ATTEST: / U►"t I v I I TOM T OP, sioner Recording Secre ary D IN, o issioner 2 - ORDINANCE NO. 89-020 0096 0540 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 0541 EXHIBIT "C" 0096 0542 FINDINGS AND RECOMMENDATION FILE NO. ZC-89-3 APPLICANT: Relco Oregon Corporation P. 0. Box 1060 Sisters, OR 97759 and Zoning in the surrounding area consists of F-2, Forest Use with a Landscape Mariagement 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. ZC-89-3 Brooks Resources Corporation 416 N. E. Greenwood Bend, OR 97701 REQUEST: An application for a Zone Change 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 Zone Change conforms with.Section 23 of PL -17, the Sisters Urban Area Zoning Ordinance. PRELIMINARY FINDINGS 1. LOCATION: The subject north end property is located along Highway 20 at the very 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 10, Urban property is zoned CH, Highway Commercial, UAR- - Area parcel is Reserve',. and Landscape Management, LM. The designated Commercial as Urban -Area Reserve, Highway and Landscape 'Management on the Sisters Area General -Plan. Zoning in the surrounding area consists of F-2, Forest Use with a Landscape Mariagement 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. ZC-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 0543 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. 1 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 was 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. S. 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. ZC-89-3 0096 0544 Twenty-five (25) foot occupancy setback from the property line. Office space, meeting space, caring area, and manager's living space were exempt from the requested setback as long as a four foot high fence be constructed on the property line. CONCLUSIONARY FINDINGS Conformance with Section 23 (3) (a -g) of PL -17: (3) Standards for Zone Change. The burden of proof is upon the one seeking change. The degree of that burden inceases proportionately with the degree of impact of the change which is sought. The applicant shall in all cases establish: (A) Conformance with the Comprehensive Plan. In File No. PA -89-3, the Hearings Officer has made findings that the proposed change does conform with the Sisters Urban Area Comprehensive Plan. (B) Confdrmance with all applicable statutes. There are no other statutes which are applicable to this proposal-. (C) Conformance'with Statewide Planning Goals wherever they are determined to be applicable. - The. Sisters. Urban Area Comprehensive Plan is an acknowledged Plan by the State of Oregon Department of * Land- Use, Conservation and Development (DLCD). Therefore, conformance with -the Sisters. Urban Area Comprehensive Plan will be conformance -with the Statewide Planning Goals of Oregon. (D) That there is a• public need for a change of the -.kind in ,question. Eventually there will be a need for additional Highway Commetcial land in the northern end of the Sisters Urban Area. Once the two parcels to the south of the subject parcel are developed into an R. V. park',. the subject parcel will be the only virtually undeveloped commercial parcel in this area of the Sisters Urban Area. -3- FINDINGS AND RECOMMENDATION, FILE NIO. ZC-89-3 - 0096 0545 (E) That need will be best served by change in the classification of the particular piece of property in question as compared with other available property. The issue of amending the area on this particular piece of property does not "fit" with comparing it to other available property: (F) That there is proof of a change of circumstances or a mistake in the original zoning. There is not evidence of a mistake in the original zoning. However, there has been a change of circumstances in regard to the surrounding area. First of all, the parcel due east (across the highway) was annexed into the City, had the zoning changed to Highway Commercial and a motel was built on part of it. Second, the two parcels directly to the south are proposed to construct a large R. V. park on .them. These circumstances indicate a change in the area. (G) That annexation to the City of Sisters will accoripany zone change. No annexation plans are proposed at this time. The City indicated in their transmittal statement that •, the parcel will, at some time, be incorporated into the City limits. 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 df May, 1989. J EDWARD P. FITCH Hearings Officer cc: BOCC Deschutes County Planning.Director Deschutes County Planning Commission Robert S. Lovlien -4- FINDINGS AND RECOMMENDATION, FILE NO. ZC-89-3