1995-37224-Ordinance No. 83-047 Recorded 5/11/1983-"VOL 6 SAL.6
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance PL -16, Sisters Compre-
hensive Plan, To Expand the
Sisters Urban Growth Boundary
To Include an Additional 40
Acres of Land, Designating the*
Property Urban Residential
Reserve; and Declaring an
Emergency.
95-3'7224".
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Y SUE PENROLL0
, CO. CLERK
ORDINANCE NO. 83-047
WHEREAS, Brooks Resources Corporation and Sisters School
District proposed to amend the Sisters Comprehensive Plan to
expand the Sisters Urban Growth Boundary to include an additional
40 acres of land; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Deschutes County Planning Commission held a
hearing on the proposed Plan Amendment on January 26, 1983; and
WHEREAS, the Deschutes County Planning Commission recommended
that the Sisters Comprehensive Plan be amended 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 -16, Sisters Comprehensive
Plan, is amended to expand the Sisters Urban Growth Boundary to
include an additional 40 acres of land 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.
1 - ORDINANCE NO. 83-047 t $N�,�gy'�
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Section 2. To designate the property added to the Urban
Growth Boundary area in Section 1 of this Ordinance as Urban
Residential Reserve.
Section 3. 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 Plan Amendment Applica-
tion Number PA -82-1, marked Exhibit "B", attached hereto and by
this reference incorporated herein.
Section 4. 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 thetf& day of, 1983.
BOARD WCOUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
SUSAN STONEMAN
Recording Secretary
2 - ORDINANCE NO. 83-047
ALBEM A. YO_UM3,/ Cha
, commissioner
LAURENCE A! TUTTLE, Commissioner
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PACE
DESCHUTES COUNTY
PLANNING DEPARMTENT
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4113
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STAFF
REPORT
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HEARING DATE:
January 26,
1983
N
TIME_:
7:30 P.M.
PLACE:
Courthouse
Annex/Room A'6s„
FILE NUMBER: PA -82-1
APPLICANT: Brooks Resources/Sisters School District
P. 0. Box 6119
Bend, Oregon 97708
PROPERTY OWNER: Brooks Resources
ATTORNEY: Robert_-Jjovlien
P. 0. Box 1151
Bend, Oregon 97709
REQUEST: An application for a comprehenisve plan
amendment to expand the Sisters Urban Growth
Boundary, to include an additional 40 acres
of land.
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. ORS 197.605(1) states:
" ..An amendment to an acknowledged comprehensive plan is
subject to review for compliance with the goals under ORS
197.610 to 197.630."
B. ORS 197.175 (2) in part states:
"...Pursuant to ORS 1-97.005 to 197.430 and 197.605 to
197.650, each city and county in this state shall:
(d) If its comprehensive plan and land use regulations
have been acknowledged by the commission, make land
use decisions in compliance with the acknowledged
plan and land use regulations."
EXHIBIT "B"
II. BASIC FINDINGS
VOL 46 r,!7 sQgq `
A. The total acreage of tax lot 900 is approximately 183
acres. However, the area proposed for inclusion into the
Sisters Urban Growth Boundary is the.Northwest Quarter - of
the Southwest Quarter of Section 5, an area consisting Of
40 acres which will be referred to as the subject
property.
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. The Sisters School District currently has classroom
capability in it's school facilities for grades
kingergarten through eigth. High school students
currently go to Redmond High.
K. The Sisters Comprehensive Plan has designated 25 acres
next to the current elementary school for a future high
school site. It has also designated 20 acres for a future
elementary school site.
L. The subject property was previously included within the
Sisters Urban Growth Boundary, however, when a portion of
the buildable lands inventory for the Sisters area was
revised, it was determined that the Urban Growth Boundary
should be decreased by 80 acres prior to adoption of the
Sisters Comprehensive Plan.
. 4
,a V116 46 PAGF 7 '.j0
M. To amend the Urban Growth Boundary to include the subject
property, it is necessary to rezone the property to a
designation consistent with the Sisters Urban Area. Since
the UAR-10 zone is contiguous to the subject property and
also allows schools as a conditional use, -the applicant
has concurrently submitted a zone change application to
rezone the property to UAR-10.
III. CONCLUSIONARY FINDINGS
A. Conformance with Statewide 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.
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 and the Sisters
Urban Area Comprehensive Plan will be addressed later in
this report.
During the establishment of an urban growth boundary, areas
which contain resource value are not included within an
urban area unless it is essential to do so. The primary
consideration is to provide sufficient land for urban uses,
and to attempt to only include those lands with little or no
resource value. Even though there has been a resource
identified, the subject property has been identified as "Low
Productivity" according to the Resource Element of the
Deschutes County Comprehensive Plan. The primary
consideration then becomes one of whether or not it is
necessary to expand the Urban Growth Boundary to provide for
adequate urban services and facilities.
J
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 band 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.
This will be addressed further later in this report.
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.
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.
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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. Energy Conservation - Expanding the Sisters Urban Growth
Boundary 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.
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.
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Z-1 vol- �7.
acF
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.
B. Conformance with the'Deschutes County Comprehensive Plan.
1. The Urbanization chapter of the Comprehensive Plan has
established the following policy:
"3. Urban growth boundaries shall be established or
expanded based upon the following:
A. Demonstrated need to accommodate long-range urban
population growth requirements consistent with land
Conservation and Development Commission goals;
The long-range urban population growth requirements
were established by the Urban Growth Boundary and
adopted by the land Conservation and Development
Commission. Consideration of expanding the Urban
Growth Boundary is only appropriate here as it relates
to the original determination of the area necessary for
a high school site (see Goal 14 above).
"B. Need for housing, employment opportunities, and
livability";
These factors have been previously addressed in the
goals above.
"C. Orderly and economic provision for public
facilities and services";
Brooks Resources is to donate the subject property at
no cost to the School District. (Provisions for public
facilities and services are further addressed in Goal
11 above).
1,
6 FACT 134
"D. Maximum efficiency of land uses within and on the
fringe of the existing urban area";
See Goal 11 & 14 above.
"E. Environmental, energy, economic and social
consequences";
This has been previously discussed in the Goals above.
"F. Retention of agricultural land as defined, with
Class I being the highest priority for retention
and Class VI the lowest priority"; and
Not applicable.
"G. Compatibility of the proposed urban uses with
nearby agricultural activities."
Not applicable.
The Urbanization chapter had also established the
following policy under Coordination:
"Urban development shall be permited in areas where
services are available or can be provided in a manner
which will minimize costs related to necessary urban
services such as schools, parks, highways, police,
garbage disposal, fire protection, libraries and other
facilities and services."
By having the land donated to the School District, this
would lower overall costs and make a new school site
more attractive to the voters.
2. 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,
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VOL 46 PACE 71 ;5
"...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.
3. Conformance with the Sisters Urban Area Comprehensive Plan.
I. Part III, the General Goals and Objectives Chapter of
the Comprehensive Plan states under Social and Housing:
111. To improve and expand leisure time offerings of the
community, particularly for the youth and ederly."
A high school facility would provide additional area in
which to offer leisure time activities.
This chapter also states under Forest Lands:
"1. To conserve forest lands for forest uses."
(See 112" above under B, Conformance with the Deschutes
County Comprehensive Plan.)
2. Part IV under Public Facilities and Services - Schools
states:
"Use of school facilities in support of total community
educational, social and recreational needs is actively
supported by both the school board and administration.
This is reflected in such uses as programs for the
elderly, youth, Sisters Community School and major
community functions requiring assembly space which can
be provided only by the school gymnasium. School
playground areas also support community needs for
organized field activities, in addition to two tennis
courts."
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Vol, 46 rAcE7 n
3. Part V under Schools of the Public Facilities and
Services Element also supports the above policy:
111. Sisters School District should continue to make
available its facilities for multiple uses to the
public."
The second policy under Schools states:
"2. Sisters School District should make early efforts
to acquire additional school sites in accordance
with the land use plan to avoid high future land
costs."
The acquisition of the subject property for a school
site conforms to the above policy. The Sisters School
district is to acquire the property as a donation from
Brooks Resources Corporation and the only fees involved,
according to the applicant, are legal fees, permit fees
and closing costs.
4• Part V, the Urbanization Element of the Comprehensvie
Plan contains the following policy:
112. The urban growth boundary shall not be considered
for amendment unless it is determined that the
carrying capacity of the -current UGB has reached
its maximum with adequate findings of fact."
The Sisters Urban Growth Boundary has not reached it's
maximum capacity in general, however, it may not be able
to accommodate an adequate site for a junior high/high
school facility unless it is amended.
The above policy refers to the future when additional
land is needed for urbanization. However, this
application must also be viewed as it relates to the
original establishment of the UGB, since the applicant
is attempting to show fault with a portion of the
buildable lands inventory which was used as a basis upon
which to establish the UBG.
a� VOL , 46 PAVE 7 7
CONCLUSIONS AND RECOMMENDATIONS
Based upon the above findings, the staff feels that this application
to amend the Sisters Urban Growth Boundary would be in conformance
with the Statewide Goals, the Deschutes County Comprehensive Plan
and the Sisters Urban Area 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,
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