41-30-Ordinance No. 81-055 Recorded 12/11/1981' t 41 PAGE 30
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending
Ordinance No. PL-17, as
Amended, Sisters Urban Growth * F L
Boundary Zoning Ordinance;
Rezoning Certain Property from*
Urban Area Reserve Zone - * ~98~
UAR - 10 to Urban Area Reserve* ROS
Zone - UAR - 2-1/2; and * ~EROSE ARY PATTERS
Declaring an Emergency. TES COU1VTy CORK
ORDINANCE NO. 81-055
WHEREAS, BROOKS RESOURCES CORPORATION proposed the rezoning
of certain property from Urban Area Reserve Zone - UAR - 10 to Urban
Area Reserve Zone - UAR - 2-1/2; and
WHEREAS, notice of hearing was given in accordance with
law; and
WHEREAS, the Hearings Officer held a hearing on the pro-
posed zone change on September 22, 1981; and
WHEREAS, the Hearings officer recommended that the property
be rezoned from Urban Area Reserve Zone - UAR - 10 to Urban Area
Reserve Zone - UAR - 2-1/2; and
WHEREAS, the decision of the Hearings Officer has not been
appealed to the Deschutes County Planning Commission; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. To amend Ordinance No. PL-17, as amended, the
Sisters Urban Growth Boundary Zoning Ordinance, to change the zoning
from Urban Area Reserve Zone - UAR - 10 to Urban Area Reserve Zone -
UAR - 2-1/2 for the parcel of real property described as:
Tax Lot 900, Section 5, Township 15 South,
Range 10 East of the Willamette Meridian, Deschutes
County, Oregon;
and depicted on the map marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 2. To adopt as the Board of County Commissioenrs'
findings and conclusions, the findings and decision of the Hearings
Officer dated October 2, 1981, relating to Zone Change Application
Z-81-19, marked Exhibit "B", attached hereto and by this reference
incorporated herein.
ORDINANCE NO. 81-055, Page -1-
va 41 PAGE 31
Section 3. This Ordinance being necessary for the
immediate preservation of public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
its passage.
DATED this the day of t, 1981.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
CHAIRMAN
CER
COER
ATTEST:
S AN STONEMAN
Recording Secretary
ORDINANCE NO. 81-055, Page -2-
EXHIBIT "A" vLL 41 FACE 32
,Zo VI Q. Cis a VIC C, Z - v I - 19
8,rooks Pescurces Co,f,p.
T.15 'R. 10 Sej;avn 5
:P r' lcn -off . Tax L_o+ 9 0 a
~ t
t
LJR
SEC 6 McKrnne,, Butte Rd.
26C 'c 26O
-~I
I Lot 3 °i
=25o Ac.
Lot 4
3 25 Ac.
j'
S~bjec.~-
Prove r+~,
300' R ti Lot 4
= 2.72 Ac
t~
Lot 3
•ti-
Lot 2
r
+2.04 At t i C 1f
Lot 2
~ eG .3 Ac
~ r.
510 Ra J ,s
! Lot 1
r575Ac "I o0 Lot
c
1`~~T Y , - - -tl 50 Ac
0
°n
S :OR
I r:3 514
_ i 312 -
..~:6~ - McKenzie Higher- To 5~5+e~s
r.
t'
l
EXHIBIT "B"
FILE NO :
APPLICANT:
REQUEST:
PLANNING STAFF
REPRESENTATIVE:
PLANNING STAFF
RECOMMENDATION:
PUBLIC HEARING:
BURDEN OF PROOF:
FTNnTNf.q
Vul 41 PAuE 33
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND, OREGON 97701
TELEPHONE (503) 388-6626 °°p e~7
.111~l~L'.1
;t %'J~lltL1
OES'CHU
FINDINGS AND DECISION
Z-81-19
Brooks Resources
An application for a zone change from UAR-10 to
UAR- 2 2 .
Craig Smith
Approval
The public hearing was held in room 106, Deschutes
County Courthouse Annex, Bend, Oregon on Tuesday,
September 22, 1981 at 7:00 P.M. An oral decision
was rendered at that time.
In order to approve this request the applicant must
meet the criteria set forth in Section 18A, PL-17
of the Sisters Urban Growth Boundary Zoning Ordinance
1. LOCATION:
The subject property is located northerly off Highway 126 approximately
2 mile westerly of Sisters, and is further described as a portion of
Tax Lot 900, Township 15 south, Range 10 east, Section 5.
2. ZONE:
The property is located within UAR-10, Urban Area Reserve zone.
3. COMPREHENSIVE PLAN DESIGNATION:
Urban Area Reserve, 10 acre minimum.
4. SITE DESCRIPTION:
The subject property is 26 acres in size and is located within the
Sisters Urban Area Growth Boundary. The property is generally level
and covered with ponderosa pine trees and brush. Access to each lot
will be provided by a County standard road to McKenzie Highway.
Z-81-19 - BROOKS RESOURSES - PAGE 1
CONCLUSIONS: V~L 41 FAvE 34
The Board of County Commissioners in adopting this particular zone desig-
nation of UAR-2 2 made the following findings:
1. Purpose: This zone is intended to provide for the orderly development
of certain public and quasi-public uses for the, benefit of the Sisters
community, and to minimize conflict with other urban uses by concen-
tration of like uses in one designated area.
It is further intended that this district shall apply to only that
property as identified on the official zoning map.
2. Permitted uses: The following uses are permitted outright in the
UAR-22 City subject to the provisions of Section 29.
A. Churches
B. Community buildings, lodge, and fraternal organizations, except
those carried on as a business for profit.
3. Height Regulation: No building or structure shall be hereafter
erected, enlarged, or structurally altered to-exceed.-,30 feet in height
except steeples or bell towers which may extend to 50 feet above
ground level.
4. Lot Requirements: The following requirements shall be observed:
A. Lot Area: Each lot shall have a minimum area of 22 gross acres.
B. Lot Width: Each lot shall have a minimum average width of 150
feet with a minimum street frontage of 100 feet.
C. Front Yard: The front yard shall be a minimum of 50 feet from
the street right-of-way line.
D. Side Yard: There shall be a minimum side yard of 10 feet.
E. Rear Yard: There shall be a minimum rear yead of 50 feet.
5. Signs:
A. One non-illuminating sign not exceeding ten (10) square feet in
area for each lot.
B. Signs shall be set back at least twenty-five (25) feet from the
street right-of-way line.
C. Signs shall be compatible with the design of the building located
in each lot and shall be constructed of natural materials.
6. Off-street Parking: Off-street parking shall be provided as required
in Section 32.
7. Other required Conditions: Except as provided in this section, Section
28 applying to Special Uses shall be applicable.
Z-81-19 -BROOKS RESOURCES - PAGE 2
VOL 41 PAGE 35
As a basis for adopting Section 18A of PL-17, the Board of Commissioner's
adopted the following findings:
1. There are two existing uses currently located either within the
proposed development or adjacent to the proposed development and
these uses are the Sisters Baptist Church and the Sisters Youth
and community Center.
2. Since 1976, when Brooks Resources sold property to Sisters Baptist
Church, it has made a commitment to developing the area commonly
referred to as Heavenly Acres for use by local churches, community
organizations and fraternal organizations, except those carried on
for business for progit, whereby it would make available property
"at cost".
3. There are currently eight churches within the Sisters area. Only
three of these churches have their own buildings.
4. Five church organizations within Sisters have expressed a strong
desire to purchase the property and locate facilities within the
Heavenly Acres development.
5. Testimony has been received from various church and community
leaders within the Sisters area that inadequate property is now
available within Sisters for the development of community facilities
and churches. These reasons include inadequate lot sizes, prices
and incompatability of uses.
6. Churches and other fraternal organizations have historically been
incompatible with residential development. Heavenly Acres can
help to alleviate this problem of incompatability of uses within
the Sisters Urban Area.
7. There is evidence that several churches in Deschutes County have
relocated to rural areas in recent years because of the conflicting
nature of the uses with existing residential development and the
problem of availability of property. Although churches serve an
area much larger than the Sisters Urban Area, it is important that
areas be provided for the churches, community buildings and fraternal
organizations within urban areas.
8. The Heavenly Acres development is currently surrounded by "Brooks
Camp" on the east, Barclay Logging Company on the west. There is,
therefore, continuity of development between the Sisters City Limits
9. The Heavenly Acres development is in an area recognized as urbanizable
land.
10. The property within the proposed development will be restricted to
uses by churches, community buildings, lodges and fraternal organi-
zations, except those carried on as a business for profit, by deed
restrictions and zoning ordinances.
11. The ten acre parcels currently available within the UAR-10 zone are
too large for most church and fraternal organizations uses. This
land should be considered as urbanizable land and lot sizes should
be sized accordinly.
Z-81-19 - BROOKS RESOURCES - PAGE 3
VOL 41 PAGE 36
d2. The reduction in lot size in Heavenly Acres would be applicable only
to churches, community buildings, lodges and fraternal organizations,
except those carried on as a business for profit.
13. There is no definite plan for sewering the Sisters Urban Area.
r
w ~
14. The relocation of churches and other community and fraternal organi-
zations to the Heavenly Acres development will make more taxable
property available within the Sisters Urban Area.
15. The development of Heavenly Acres will require no extension of public
facilities. However, owners within the development must agree to
annex to the City at such time as the City requests such annexation.
16. The area is not currently used for any agricultural uses.
17. Current ordinance standards pertaining to setbacks, sanitation require-
ments, lot sizes and existing arterials limit the ability of public
and quasi-public uses from being located in existing urban areas.
Based upon the above legislative findings by the Board of Commissioners
which address specifically the proposed area in the proposed application,
The Hearings Officer accepts those findings as it-relates to this appli-
cation. Further the Board of Commissioners of Deschutes County has
stated in their Findings and Policies that "Heavenly Acres" site would
be in conformance with the Sisters Urban Area Comprehensive Plan. There-
for, the legislative decision has been made that this an appropriate use
in this zone.
DECISION: APPROVAL, subject to the conditions established in Tentative
Plan,#625.
DATED this day of October, 1981.
This decision becomes final 15 days after the date mailed, unless
appealed to the Planning Commission by party of interest.
toyer tiveaovecn
HEARINGS OFFICER
MA:ch
cc: File
Planning Commission
Planning Department
Brooks Resources
Robert Lovlien
Z-81-19 - BROOKS RESOURCES - PAGE 4