HomeMy WebLinkAboutFindings - Decision - Zone Change - Sisters PropDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 23, 2009
Please see directions for completing this document on the next page.
DATE: 2/2/09
FROM: Will Groves
CDD x6518
TITLE OF AGENDA ITEM:
Consideration of Adoption of Document No. 2009 -051, Findings and Decision on the City of Sisters'
proposal to change the County comprehensive plan designation of subject property from Forest to
Urban Reserve, to amend the Sisters Urban Growth Boundary to include the property, and to change the
zoning of the property from F -1 to UAR -10.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The city requested approval of a County comprehensive plan amendment from Forest to Urban Aria
Reserve, a zone change from F -1 to UAR -10, and an expansion of the Sisters UGB for the subject vite
to provide a location within the UGB and ultimately within the city limits on which the fire district may
establish a new fire training facility.
The Hearings Officer found the application met, or could meet, all relevant criteria and approved the
applicant's proposal, in a decision dated December 4, 2008. The decision included a condition
requiring the Board to adopt a Resolution of Intent to Rezone, subject to a successful vote to annex the
property.
On January 26, 2009 the Board held a de novo public hearing on the matter. The Board voted orally to
adopt the Hearings Officer's Findings and Decision and approve the application subject to a Resolution
of Intent to Rezone. Staff has prepared a Findings and Decision document for Board signature to
implement this decision.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Adopt Findings and Decision.
ATTENDANCE: BOCC, Legal, Will Groves
DISTRIBUTION OF DOCUMENTS:
BOCC, Legal, Will Groves
February 10, 2009
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 977( 1 -1925
(541)388 -6575 FAX (541)35 -1764
http: / /www.co.deschutes.or us /cdd/
MEMORANDUM
To: Deschutes Board of County Commissioners
From: Will Groves, Senior Planner
Subject: Adoption of Findings and Decision on the City of Sisters' proposal 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.
BACKGROUND
The city requested approval of a plan amendment from Forest to Urban Area Reserve,
zone change from F -1 to UAR -10, and an expansion of the Sisters UGB for the subject site
to provide a location within the UGB, and ultimately within the city limits on which the fire
district may establish a new fire training facility.
The Hearings Officer found the application met, or could meet, all relevant criteria and
approved the applicant's proposal, in a decision dated December 4, 2008. The decision
included a condition requiring the Board to adopt a Resolution of Intent to Rezone, subject
to a successful vote to annex the property.
On January 26, 2009 the Board held a de novo public hearing on the matter. The Board
voted orally to adopt the Hearings Officer's Findings and Decision and approve the
application subject to a Resolution of Intent to Rezone. Staff has prepared a Findings and
Decision document for Board signature to implement this decision.
DOCUMENTATION
Quality Services Performed with Pride
A copy of the Board's Findings and Decision and supporting are attached for your
review.
SCHEDULE
This item is scheduled for 10 A.M. on February 23, 2009. Please feel free to contact me
with any questions or concerns.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS:
APPLICANT/
PROPERTY OWNER:
REQUEST:
STAFF REVIEWER:
HEARING DATE:
I.
A.
PA- 08- 2/ZC -08 -2
City of Sisters
520 East Cascade Street
Sisters, Oregon 97759
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.
Will Groves, Senior Planner
January 26, 2008
APPLICABLE STANDARDS AND CRITERIA:
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
5. 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 Zonin j
Ordinance
1. Chapter 21.72, Amendments
* Section 21.72.010, Amendments
Page 1 of 3 —File No. PA- 08- 2/ZC -08 -2
* 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
D. PL -16, the City of Sisters Urban 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 decisior
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 o-
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 nova,
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 Officer'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.
III. CONCLUSIONS OF LAW:
A. Adoption of Hearings Officer's Conclusions of Law
FINDINGS: The Board adopts and incorporates herein by reference the conclusions of law adopte i
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:
1. 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 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Page 3 of 3 — File No. PA- 08- 2/ZC -08 -2
Exhibit A — Document 2009 -051
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 °45'18 "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 N00 °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.)
scot 1 I LW 1 I I! LJ_ L_ LLJ 1.11 1;-
W MAIN AVE m E MAIN AVE ce
11U I LEI 1-1_11 Iw o �a I
€f Ir[l�zlll� �117 11111 H 11110 Z Z_Z I I Z —
W CASCADE-AVE ECASCADE AVE
I 1 111 I�1—I �z ECASC ADE
wy2�Z
L
11
111111
JJ IHI IEII AVE_ I_
11■
Err MOOD AVE
I 111C�t�
MI
1 JI LT,' HIS II,I
II III I I Ir`.111■ L'of."'I
J11N
�
I I'111111
N111 1 1 r ESisters
W- STHELENS AVE 2 EST HELENS AVE
W JEFFERSON AVE
git
hl
— V.SIISTI RI IIEI IV 1
mmilr
THREE.CREEKS RD
Subject Property
15- 10 -09 -00 -01002
AVE
■ ■1111111
III NMI -
111111 'ill 11111111
ALY
I JJ
E I TIMBER:RINE,DR
E CREEK_VIEW'DR
taint $ Arlin 411.1
w
ir.
ETYEE.DR
._E�I_ SYLERAVE
U��O
E3
MF r
E,IO.Ib!E SP. _RI_NGS i D
0
O
O
K
m-
TRH
HWY 126
2N
Legend
Subject Property 15- 10 -09 -00 -01002
Sisters Urban Growth Boundary
County Zoning
i
EFU Sisters /Cloverdale Subzone (EFUSC)
Flood Plain (FP)
Forest Use 1 (F1)
Rural Residential (RR10)
PROPOSED LOCATION MAP
City of Sisters
Exhibit "BII
0 250 500 1,000
January 29, 2009
Feet
DISCLAIMER:
The information on this map was derived from digital databases on Deschutes Countys G.I.S.
Care was taken in the creation of this map. but it is provided "as is ". Deschutes County
cannot accept any responsibility fa errors. omissions. or positional accuracy in the digital
data or the underlying records. There are no warranties, express or implied. including the
panty of merchantability or fitness for a particular purpose. accompanying this product.
However. notification of any eras will be appreciated.
N:\CusteW\County1CDD \Planning\W IIG\ 2C0802 \ProjeclHles1Location_Map.mxd