1995-37223-Ordinance No. 83-048 Recorded 5/11/19836 PACE 685
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance PL -17, Sisters Urban
Growth Boundary Zoning 95'7223
Ordinance, Rezoning Certai-3
n
Property From Forest Use
(F-3) Zone to Urban Area
Reserve (UAR-10) Zone, and
Declaring an Emergency.
JLi
t
NAY 1
MARY SUt PENVOL101y, CO.
CLERK
ORDINANCE NO. 83-048
WHEREAS, Brooks Resources Corporation and Sisters School
District proposed the rezoning of certain property from Forest Use
(F-3) Zone to Urban Area Reserve (UAR-10) Zone; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Deschutes County Planning Commission held a
hearing on the proposed zone change on January 26, 1983; and
WHEREAS, the Deschutes County Planning Commission recommended
that the property be rezoned from Forest Use (F-3) Zone to Urban
Area Reserve (UAR-10) Zone by decision dated February 22, 1983;
and
WHEREAS, the recommendation of the Planning Commission has
not been appealed to the Deschutes County Board of Commissioners;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL -17, Sisters Urban Growth
Boundary Zoning Ordinance, is amended to change the zoning from
Forest Use (F-3) Zone to Urban Area Reserve (UAR-10) Zone for the
parcel of real property described as:
A portion of Tax Lot 900 in 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.
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1 - ORDINANCE NO. 83-048 0
V011. 46 Ppr_,F 68R
Section 2. To adopt as the Board of County Commissioners'
findings and conclusions, the Staff Report of the Planning Depart-
ment dated January 11, 1983, relating to Zone Change Application
Number Z-82-11, marked Exhibit "B", attached hereto and by this
reference incorporated herein.
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 11j�day of , 1983.
BOARD O COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
r
SUSAN STONEMAN
Recording Secretary
2 - ORDINANCE NO. 83-048
A. YOUN7, C
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ommissioner
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DESCHUTES COUNTY PLANNING EPARTMENT 6�g9�o��a2r3�Cr
STAFF REPORT
ry a
HEARING DATE: January 26, 1983 ISM co
TIME: 7:30 P.M.
PLACE: Courthouse Annex/Room A`�Z��dy�
FILE NUMBER: Z-82-11
APPLICANT: Brooks Resources/Sisters School District
P. 0. Box 6119
Bend, Oregon 97708
PROPERTY OWNER: Brooks Resources
ATTORNEY: Robert_Lovlien
P. 0. Box 1151
Bend, Oregon 97709
REQUEST: An application for a zone change from F-3,
Forest Use to UAR-10, Urban Area Reserve, 10
acres.
LOCATION: The subject property is located immediately west of the
Sisters Urban Growth Boundary approximately one-quarter
of a mile north of the McKenzie Highway, and is further
described as a portion of tax lot 900 in Section 5,
T15S, R10E.
STAFF FINDINGS:
I. LEGAL FINDINGS
A. Article V of Deschutes County Ordinance PL -15 lists zoning
standards:
Section 10.025 REZONING STANDARDS. The applicant for a
quasi-judicial rezoning must establish that the public
interest is best served by a rezoning to the requested use
in the requested area. Factors to be demonstrated by the
applicant are:
(1) Conformance with the comprehensive plan.
(2) Conformance with the statewide planning goals where
applicable.
(3) Usefulness to the public of the proposed use in the
proposed site.
EXHIBIT "B"
VOL 46
B. The Sisters Urban Area Zoning Ordinance PL -17, contains
standards for a zone change, however these standards will
not be addressed separately since they will be addressed
in the rezoning standards for PL -15 and in the Statewide
Goals.
II. BASIC FINDINGS
A. The total acreage for tax lot 900 is approximately 183
acres. However, the area proposed for a zone change is
the Northwest Quarter of the Southwest Quarter of Section
5, an area consisting of 40 acres.
B. The subject property is designated Forest on the Deschutes
County Comprehensive Plan.
C. The subject property is zoned F-3, Forest Use.
D. Surrounding property is zoned F-2, Forest Use to the north
and west of the 40 acre acre parcel, F-3, forest Use to
the south, UAR-10, Urban Area Reserve on the east, and
UAR-2 1/2 on the southeast.
E. The subject property has access from McKinney Butte Road.
F. Land contiguous to the subject property is vacant with the
exception of several churches and a community center in
the Heavenly Acres Subdivision located to the southeast.
G. The Sisters Urban Growth Boundary borders the eastern side
of the subject 40 acres.
H. The subject property has a generally level topography,
with a moderate vegetative cover of Ponderosa pine in
various stages of growth. The site also contains
scattered juniper trees and sagebrush.
I. The applicant has proposed to use the western 30 acres for
a future junior high/high school and the western 10 acres
will be reserved for future development.
J. To change the zone from a County zone to a zone permitted
within the Sisters Urban Area, it is necessary to amend
the urban growth boundary to include the subject property.
The applicant has concurrently submitted an application
for a Plan Amendment.
K. The subject property has been identified as "Low
Productivity" in the Forest Lands Chapter of the Resource
Element of the Deschutes County Comprehensive Plan.
- .. VOL 46 QAcF 09
III. CONCLUSIONARY FINDINGS:
A. Conformance with the Comprehensive Plan:
1. The Forest Lands Chapter of the Comprehensive Plan has
established the following goal and policy:
Goal: To conserve forest lands for forest uses.
1. In order that a reasonable forest zoning pattern
may be established, all forest land shall be
assigned to one of three classes: F-1, F-2 and
F-3.
"F-3... Other Forest Land - Lands where extreme
conditions of climate, soil or topography require
the maintenance of vegetative cover, irrespective
of use; and forested lands in urban, rural and
agricultural ---areas which provide urban buffers,
wind breaks, wildlife and fisheries habitat,
livestock habitat, scenic corridors, recreational
use, or marginal commercial timber uses." Also,
"...The F-3 zone shall ... be used to encourage small
wood -lot management..."
The above policy helps to show the purpose of the
F-3 zone as it relates to the subject property.
While keeping this policy in mind, it is also
necessary to note that while other land within the
Urban Growth Boundary may also have like forest
value, the resource is not given primary
consideration because all land within an Urban
Growth Boundary is urbanizable.
As discussed in the goals above, the resource must
be balanced with the need for urban facilities to
obtain the "highest and best use" of the land.
B. Conformance with Statewide Planning goals:
1. Citizen Involvement - channels are provided for local
citizens to participate in all planning decisions for
the area.
2. Land Use Planning - Not applicable. All applicable
regulations will be followed.
3• Agricultural Lands - Not applicable. The subject
property is not adjacent to agricultural land.
vo, 46 ruf 691
4. Forest Lands - Because the subject property has been
inventoried and designated Forest on the Deschutes
County Comprehensive Plan, a forest resource has been
identified. The Forest Lands goal states that "Forest
land shall be retained for the production of wood fiber
and other forest uses." It also states that "Existing
forest land uses shall be protected unless proposed
changes are in conformance with the comprehensive plan."
Conformance with the Deschutes County Comprehensive Plan
is addressed above.
5. Open Spaces, Scenic and Historic Areas, and Natural
Resources - The Oregon Department of Fish and Wildlife
has responded to this request indicating that the
subject property has minimal wildlife value. Although
the Forest Service has indicated that the property lies
within a deer winter range, this information conflicts
with the County's maps adopted with the Comprehensive
Plan which do not ---show the property as being within a
winter range.
6. Air, Water and Land Resources Quality - Not applicable.
7. Areas subject to Natural Disasters and Hazards - not
applicable.
8. Recreational Needs - Should the subject property be
included within the Urban Growth Boundary, and the
property developed as a school site, it would afford
more recreational opportunities than if the land were to
remain in private ownership. A policy of the School
District and of the Sisters Comprehensive Plan is to
provide community recreation in school facilities during
non -school hours.
9. Economy of the State - The economic value of 40 acres of
low productive timberland would be minimal, especially
considering the length of time between planting and
harvesting of mature trees. It would be difficult if
not impossible to determine the effect, if any, this
would have on the States economy as a whole.
10. Housing - Not applicable. The previous designation of
the Sisters Urban Growth Boundary had addressed this
need.
11. Public Facilities and Services - The current
administration of the Sisters School District has
determined that the present identified high school site
is inadequate in terms of size and location. They have
determined that an adequate size for a junior/senior
high school is 30 acres.
VOL 46 PAcF 692
The current site (as identified on the Sisters
Comprehensive Plan) is 25 acres. It has been the policy
and practice of most school districts not to locate an
elementary school and a high school adjacent to one
another, as would be the case with the current site.
The applicant has also indicated that the cost for the
current site would make it prohibitive for the School
District to purchase.
The applicant has indicated that water will be supplied
either by existing wells being developed by Brooks
Resources Corporation or by an individual well for the
school site. Sewage treatment would be provided by
septic tanks and drainfields located upon the property.
The County Sanitarian has indicated that this area is
suitable for a drainfield system.
12. Transportation - See Goal 13 below.
13. Changing the zone to Urban Area Reserve would have
little effect upon conserving energy. However, if a
high school site is located on the subject property, it
would help to alleviate transportation costs and reduce
energy consumption by eliminating the need to transport
students to Redmond.
The energy used to construct and maintain a high school
would be considerable, however, this is not an issue
here since a high school has already been identified as
a need and shown as planned on the Sisters Comprehensive
Plan.
14• Urbanization - This goal is to provide for orderly and
efficient transition from rural to urban land use.
As stated previously in this report, property
immediately east of the subject property within the
Urban Growth Boundary is zoned Urban Area Reserve and
has not yet been developed. Locating a high school at
the proposed site would not conflict with this goal if
it can be shown that there is no other available land
within the Urban Growth Boundary. However, development
of the remaining ten acres would directly conflict with
the Urbanization Goal, unless development was prohibited
until such time as the adjacent area had been
sufficiently developed.
va 46 pars .
The subject property was originally included within the
Sisters Urban Growth Boundary prior to adoption of the
Sisters Urban Area Comprehensive Plan. The Land
Conservation and Development Commission required Sisters
to revise its buildable lands inventory, and after
review of that inventory it was required that Sisters
reduce its Urban Growth Boundary by 80 acres to reflect
the revised inventory. During this review, school
facilities were not reconsidered because sites had
already been identified prior to this review.
Considering that the subject property is contiguous to
an urban growth area and that public services are
already extended within relatively close proximity to
the site, this application would appear to be in
conformance with Goal 14 if it can be shown that no
other available land exists within the Urban Growth
Boundary for a high school site.
15. Willamette River Greenway - Not applicable.
16. Estuarine Resources - Not applicable.
17. Costal Shorelands - Not applicable.
18. Beaches and Dunes - Not applicable.
19. Ocean Resources - Not applicable.
C. Usefulness to the public of the proposed use in the proposed
site:
Rezoning the subejct property would have little reference to
the above, however, locating a school on the property would
be useful to the public in that it is a public facility
which has been identified as a future need on the Sisters
Comprehensive Plan. It is also advantageous to the public
to obtain land for future school sites at the minimum
possible costs.
IV. CONCLUSION AND RECOMMENDATION:
Based upon the above findings, the staff feels that this application
would be in conformance with the Statewide Goals, and the Deschutes
County Comprehensive Plan provided that:
1. The applicant is able to prove there is no other available site
,within the Sisters Urban Growth Boundary to locate a junior
high/high school facility; and,
vol, 46 PACE 694
2. That the amendment is conditional that the subject property be
only used for a school site.
The Sisters Planning Commission has indicatd their support for the
application provided that the site be used only for a school and
that the land should revert back to its original state outside the
Urban Growth Boundary if it is to be used for any other purpose.
The Commission has also expressed a concern towards the remaining 10
acres not used for a school site. This is consistent with the above
findings and also with the Department of Land Conservation and
Development as expressed to the Planning Department in a letter
dated January 6, 1983.
Should the Deschutes County Planning Commission approve this
application, the following conditions shall apply:
1. The western 30 acres of the subject property shall only be
used for a combination junior/high school or a high school
site.
2. The eastern 10 acres of the subject property shall not be
rezoned to a higher intensity use than UAR-10 until the UAR
zoned land east of the subject property is developed to 75
percent of capacity.
LDB:ap
January 11, 1983