2009-1249-Ordinance No. 2009-015 Recorded 6/10/2009i rr
REVIEWED NANCYUBLANKENSHIP, COUNTY CLERKS 1~d 049.1249
LEGAL COUNSEL COMMISSIONERS' JOURNAL 2 46/14/2449 48;21;43 AM
II VIII (I IIIIIIII III III
)111 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23, the Deschutes County Comprehensive Plan, * ORDINANCE NO. 2009-015
to Amend the Comprehensive Map and to Change the *
Designation of Certain Property from Forest to Urban *
Reserve and Declaring and Emergency.
WHEREAS, the City of Sisters 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 Forest to Urban Reserve; and
WHEREAS, after notice was give in accordance with applicable law, a public hearing was held on
September 30, 2008 before the Deschutes County Hearings Officer and, on December 4, 2008 the Hearings
Officer recommended approval of the proposed plan amendment; and
WHEREAS, the Board of County Commissioners ("Board") conducted a duly noticed public hearing on
January 26, 2009 and approved the proposed plan amendment for the subject property February 23, 2009; and
WHEREAS, Deschutes County Ordinance 2000-017 ordained the Deschutes County Comprehensive
Plan Map to be a component of DCC Title 23 and, therefore, any amendment to the Plan Map is an amendment
to DCC Title 23; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. The Deschutes County Comprehensive Plan Map is hereby amended to
change the plan designation from Forest to Urban Reserve for the certain property described in Exhibit "A" and
depicted on the map set forth as Exhibit "B," with both exhibits attached and incorporated by reference herein.
Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the Decision of the
Board, attached as Exhibit "C" and incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2009-015 (06/1/09)
Section 3. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
Dated this of , 2009
ATTEST:
Recording Secretary
Date of I" Reading:
Date of 2°d Reading:
Recon
Commissioner
Tammy Baney
Dennis R. Luke
Alan Unger
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY
DENNIS R. LUKE, VICE CHAIR
0-a'vt (46~4--
ALAN UNGER, COMMISSIONER
day of au,,4-~ 12009.
day of , 2009.
i of Adoption Vote
Yes No Abstained Excused
Effective date: / Jday of , 2009.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2009-015 (06/1/09)
Legal Description
A parcel of land situated in the Southeast Quarter of Section 9, Township 15 South,
Range 10 East, Willamette Meridian, City of Sisters, Deschutes County, Oregon, being
more particularly described as follows:
Beginning at a point which bears S89'45'1 8"E, 35.00 feet and S00°30'37"E, 460.00 feet
from the brass cap at the Center Quarter corner of said Section 9;
Thence N89°29'23"E, 484.00 feet;
Thence S00°30'37"E, 360.00 feet;
Thence S89°29'23"W, 484.00 feet;
Thence NO0°30'37"W, 360.00 feet to the point of beginning.
(Bearings are based on CS00526, on file at the Deschutes County Surveyor's Office.)
Page 1 of 1 - EXHIBIT A TO ORDINANCE 2009-015
I
y u ' I_}--J, -_;_--J'_I l w LL
Z~J EM UP
c qty
Fl~
I
Sisters
Sub e 1 1
Properh
is-10-09_i
I.
{N Plan Amendment from
y
W
w Forest Use
to
Urban Reserve
PROPOSED
Legend COMPREHENSIVE PLAN MAP
Subject Property 15-10-09-00-01002
a Sisters Urban Growth Boundary City of Sisters
County Zoning
Exhibit "B"
EFU Sisters/Cloverdale Subzone (EFUSC) to Ordinance 2009-015
Flood Plain (FP)
Forest Use 1 (F1)
Rural Residential (RR10) 0 250 500 1,000
eTMOTTIiiiiiiiiiiiiQ Feet
N:1CustomlCountylCDDIPIanninglWIIIGIZC09021ProJectFlleslPlan_Amendmentmxd ApH1 28, 2009
OF COUNTY COMMISSIONER:
CHUTES COUgTY, OREGON
R. Luke,
ATTEST: Recording SecYetary
Dated this ~ day of 2009
Effective Date: 14W ,2
J
20(:)11-01S cX.
REVIEWED
LEGAL COUNSEL
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS: PA-08-2/ZC-08-2
APPLICANT/
PROPERTY OWNER: City of Sisters
520 East Cascade Street
Sisters, Oregon 97759
REQUEST: The applicant requests approval to change the plan designation of
the subject property from Forest to Urban Reserve, to amend the
Sisters UGB to include the property, and to change the zoning of the
property from F-1 to UAR-10. The purpose of this request is to
facilitate the establishment of a four-acre fire training facility for the
Sisters/Camp Sherman Fire District.
STAFF REVIEWER: Will Groves, Senior Planner
HEARING DATE: January 26, 2008
1. APPLICABLE STANDARDS AND CRITERIA:
A. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance
1. Chapter 18.04, Title, Purpose and Definitions
* Section 18.04.030, Definitions
2. Chapter 18.08, Basic Provisions
* Section 18.08.010, Compliance
3. Chapter 18.12, Establishment of Zones
* Section 18.12.020, Location of Zones
* Section 18.12.040, Zone Boundaries
4. Chapter 18.36, Forest Use - F-1 Zone
* Section 18.36.020, Uses Permitted Outright
* Section 18.36.030, Conditional Uses Permitted
6. Chapter 18.136, Amendments
* Section 18.136.030, Resolution of Intent to Rezone
B. Title 21 of the Deschutes County Code, the City of Sisters Urban Area Zoning
Ordinance
SCAT
1. Chapter 202, Amendments
* Section 21.72.010, Amendments MAR 31 2009
Page 1 of 3 -File No. PA-08-2/ZC-08-2
2009 05) 1
* Section 21.72.020, Standards for Zone Change
C. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.28, Land Use Action Decisions
* Section 22.28.030, Decision on Plan Amendments and Zone Changes
oan Area comprehensive Plan
E.. Oregon Revised Statutes (ORS) 197.298, Priority of Land To Be Included Within Urban
Growth Boundary
F. Oregon Administrative Rules, Chapter 660
1. Division 12, Transportation Planning Rule
* OAR 660-12-060, Plan and Land Use Regulation Amendments
2. Division 15, Statewide Planning Goals and Guidelines
3. Division 24, Urban Growth Boundaries
II. FINDINGS OF FACT:
The Board of County Commissioners (`Board") adopts and incorporates herein by reference the
findings of fact proposed by the Hearings Officer in the December 4, 2008, decision, as revised and
supplemented herein.
A. Procedural History: On December 4, 2008, the Hearings. Officer issued a decision
approving the subject application. Section 22.28.030(C) requires: "[Z]one changes
concerning lands designated for forest use shall be heard de novo before the Board of
County Commissioners without the necessity of filing an appeal, regardless of the
determination of the Hearings Officer[.]" Pursuant to that section, the Board held a de novo
public hearing on the subject application on January 26, 2009.
The entire record of the proceeding to date was placed before.the Board at.the public
hearing, and the Board closed the record at the conclusion of the hearing. At the hearing,
the Board deliberated and voted to approve the subject application and to adopt the
Hearings Office's findings and conclusions, as revised and supplemented herein.
B. Public Notice and Comments: The Planning Division mailed.individual written notice of the
public hearing before the Board to the owners of record of all property located within 750 feet
of the subject property. In addition, notice of the public hearing was published in the "Bend
Bulletin" newspaper. No public response was received. Eric Porter, City of Sisters
Community Development Director and the Sisters-Camp Sherman Fire Chief spoke in favor
of the application at the January 26, 2009 Board hearing.
Ill. CONCLUSIONS OF LAW:
A.. Adoption of Hearings Officer's Conclusions of Law
FINDINGS: The Board adopts and incorporates herein by reference the conclusions of taw adopted
by the Hearings Officer in the December 4, 2008, decision, as revised and supplemented herein.
Page. 2 of 3 - File No. PA-08-2/ZC-08-2
1. Chapter 21.40, Amendments
FINDINGS: The Hearings Officer made findings regarding the county code provisions for zone
changes in the Sisters Urban Area. Although the Hearings Officer cite to Deschutes County Code
Chapter 21.72, she intended to cite to Chapter 21.40 and, thus, amends all references to DCC 21.72
to 21.40.
2. Hearings Officer's Condition of Approval No. 2.
FINDINGS: The Hearings Officer approved the application subject to the city submitting to the
Planning Division a metes and bounds description of the subject site. Prior to the hearing before the
Board, the city submitted the required legal description. Therefore, that condition is fulfilled.
IV. DECISION:
The Board adopts as it own the conclusionary findings the Hearings Officer's conclusionary findings
dated December 4, 2008 for PA-08-2 and ZC-08-2, incorporated by reference herein, as. modified
herein, and approves the plan amendment and zone change subject to the following conditions:
The adoption by the Deschutes County Board of County Commissioners of a
resolution of intent to rezone the subject site from F-1 to UAR-10. The resolution
would make rezoning the subject site contingent on the city submitting to the county
documentation of annexation of the subject site, and the city's execution of an
intergovernmental agreement with the county whereby the city agrees to rezone the
site to PF following annexation and to limit uses permitted on the site to the fire
training facility.
2. That the annexation parcel be as described in Exhibit A and as depicted on the map
set forth in Exhibit B.
Dated this of~ , 2009
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DE,LQHUTES COUNTY, OREGON
TAMMY BAN ~111 Chair
DE NIS R. LUKE, Vice Chair
ALAN UNGER, Commissioner
Page 3 of 3 - File No. PA-08-2/ZC-08-2