2003-820-Ordinance No. 2003-014 Recorded 5/6/2003REVIEWED
LEGAL COUNSEL
REVIEWED
W5�
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
11111111111111111111111111111 1111
2003-000820
CLERK°S OJ 1003.810
05/06/2003 03:30:36 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, the Deschutes
County Comprehensive Plan, To Adopt an
Exception to Goal 3 and To Amend the
Comprehensive Map to Change the Plan
Designation for Certain Property From
Agriculture to Industrial, and Declaring an
Emergency.
* ORDINANCE NO. 2003-014
*
WHEREAS, Sisters School District No. 6. applied for a quasi-judicial plan amendment to include
certain property within the City of Sisters Urban Growth Boundary (UGB), change the County Comprehensive
Plan Designation from Agriculture to Industrial, and change the zoning of the property from Exclusive Farm
Use (EFU) to Light Industrial (IL). The request proposed the County adopt an exception to Goal 3 (Agricultural
Lands); and
WHEREAS, the justification for said plan amendment requires that the plan designation of the subject
property be changed to Industrial; and
WHEREAS, such an application requires the County to adopt an Exception to Statewide Planning Goal
3, Agricultural Lands; and
WHEREAS, the Exception to Statewide Planning Goal 3 requires the adoption of an exception
statement and findings into the Comprehensive Plan; and
WHEREAS, public hearings were held on August 17, 1999 and August 24, 1999, after notice was given
in accordance with applicable law, before the County Hearings Officer; and
WHEREAS, the Hearings officer recommended denial of the proposed plan amendment; and
WHEREAS, a de novo public hearing was held on January 26, 2000, after notice was given in
accordance with applicable law, before the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners approved the change in plan designation from
Agriculture to Industrial, and amended the City of Sisters Urban Growth Boundary to include the property,
through issuance of their decision dated December 27, 2000; and
WHEREAS, the Board's decision was appealed to the State Land Use Board of Appeals (LUBA) and
then remanded by LUBA with instructions that the County adopt adequate findings addressing OAR 660-012-
0060(2)(c); and
WHEREAS, a limited de novo public hearing was held on March 27, 2002, after notice was given in
accordance with applicable law, before the Board of County Commissioners; and
PAGE 1 OF 3 - ORDINANCE NO. 2003-014 (5/7/03)
WHEREAS, the Board of County Commissioners issued a decision, dated April 10, 2002, with findings
that the applicant's proposal will not significantly affect a transportation facility under OAR 660-012-
0060(2)(c), approving the applications; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The Deschutes County Comprehensive Plan Map is hereby amended to
change the plan designation for certain property, as described in Exhibit "A" and depicted on Exhibit `B"
attached to Ordinance Number 2003-013, and by this reference incorporated herein, from Agriculture to
Industrial.
Section 2. AMENDMENT. DCC Chapter 23.120, Goal Exception Statement, is amended to read as
shown in Exhibit "A", attached hereto and by this reference incorporated herein, to adopt an exception statement
for certain property as described in Exhibit "A" attached to Ordinance Number 2003-013, and by this reference
incorporated herein.
Section 3. FINDINGS. In support of this ordinance, the Board adopts its decisions for file PA -99-5,
dated December 27, 2000 and April 10, 2002, attached to Ordinance Number 2003-013 as Exhibits "C" and "D"
respectively, and by this reference incorporated herein.
PAGE 2 OF 3 - ORDINANCE NO. 2003-014 (5/7/03)
Section 4. EMERGENCY. 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 �dayof ?LLL , 2003.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
TOM DEW LF Com e
MIC AEL M. TA , -Co issioner
Date of 1St Reading: � —day of i , 2003.
Date of 2nd Reading: day of , 2003.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tom DeWolf
Michael M. Daly ✓
Effective date: J ' day of 2003.
ATTEST:
Recording Secretary
PAGE 3 OF 3 - ORDINANCE NO. 2003-014 (5/7/03)
EXHIBIT "A"
23.120.150. Sisters School District #6.
In conjunction with approval of PA-99-5/ZC-99-3, a "reasons" exception to Statewide Planning
Goal 3 Agricultural Lands, was taken to include certain property within the City of Sisters Urban
Growth Boundary (UGB). Reasons justifying why the state policy embodied in Goal 3 should
not apply in this situation are set forth in Exhibit "C" to Ordinance 2003-013, which findings are
incorporated herein by reference.
(Ord 2003-011 § 1, 2003)
PAGE 1 of 1 — EXHIBIT "A" TO ORDINANCE 2003-014 (5/07/03)
Exhibit A
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Ordinance