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Home My WebLink AboutIGA - City of Sisters re Zone Change�J�ES C ❑ { Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701 -196( (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.ork AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 1 2009 Please see directions, for completing this document on the next page. DATE: May 4, 2009 FROM: Will Groves CDD x6518 TITLE OF AGENDA ITEM: Signature of Document No. 2009 -212, an Intergovermmnetal Agreement between Deschutes Count and the City of Sistrers Concerning the Annexation, Zone Change and Use of Certain Property Subject to Urban Growth Boundary Expansion. (County File Nos. PA -08 -2, ZC -08 -2, and MA- 08 -8). PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The City of Sisters filed applications with County for expansion of City's Urban Growth Boundary (UGB), a zone change for the property being added to the UGB, and for use of a portion of the prof erty for a fire training facility. On February 23, 2009, the County Board of County Commissioners uph1d the Hearings Officer's recommendation to approve the above listed applications with conditions. A a condition to County changing the zoning of the property added to the Urban Growth Boundary from Forest Use (F -1) to UAR -10, the Board required City and County enter into an intergovernmental agreement concerning the annexation, zoning and use of the subject property. This agreement requires the City to proceed with the annexation of the subject property into the Cily's Urban Growth Boundary in accordance with state law and City's charter once the subject property is within City's Urban Growth Boundary and the zoning has been changed to UAR -10 by the County. It also requires that the City to change the zoning from UAR -10 to PF (Public Facility), once the annexation is complete. The City also agrees that 1) it will not apply any other zone to the subject property other than PF without County's written consent, 2) it will not permit or approve any use o the subject property other than a fire training facility without County's written consent, and 3) it may maintain streets and provide utility service within the subject property. This agreement requires the County to adopt the ordinances necessary to implement the UGB expansion and rezone the property to UAR 10 no later than July 1, 2009. FISCAL IMPLICATIONS: None, RECOMMENDATION & ACTION REQUESTED: Staff recommends that the Board approve and sign Document No. 2009 -212. . ATTENDANCE: BOCC, Legal, Will Groves DISTRIBUTION OF DOCUMENTS: BOCC, Will Groves, Legal, City of Sisters Community Development Department May 4, 2009 Planning Division Building Safety Division Environmental Healtl Division NEMINIC 117 NW Lafayette Avenue Bend Oregon 97701 -1925 (541)388 -6575 FAX (541)385 -1764 http://www.co.deschutes.or.Js/cdd/ MEMORANDUM To: Deschutes Board of County Commissioners From: Will Groves, Senior Planner Subject: Signature of Document No. 2009 -212, a Intergovermmnetal Agreement between Deschutes County and the City of Sistrers Concerning the Annexation, Zone Change and Use of Certain Property Subject to Urban Growth Boundary Expansion. (County File Nos. PA -08 -2, ZC -08 -2, and MA- 08 -8). BACKGROUND The City of Sisters filed applications with County for expansion of City's Urban Growth Boundary (UGB), a zone change for the property being added to the UGB, and for use of a portion of the property for a fire training facility. On February 23, 2009, the County Board of County Commissioners upheld the Hearings Officer's recommendation to approve the above listed applications with conditions. As a condition to County changing the zoning of the property added to the Urban Growth Boundary from Forest Use (F -1) to UAR -10, the Board required City and County enter into an intergovernmental agreement concerning the annexation, zoning and use of the subject property. This agreement requires the City to proceed with the annexation of the subject property into the City's Urban Growth Boundary in accordance with state law and City's charter once the subject property is within City's Urban Growth Boundary and the zoning has been changed to UAR -10 by the County. It also requires that the City to change the zoning from UAR-1C to PF (Public Facility), once the annexation is complete. The City also agrees that 1) it will not apply any other zone to the subject property other than PF without County's writter consent, 2) it will not permit or approve any use on the subject property other than a firE Quality Services Performed zvith Pride training facility without County's written consent, and 3) it may maintain streets and provide utility service within the subject property. This agreement requires the County to adopt the ordinances necessary to implement the UGB expansion and rezone the property to UAR 10 no later than July 1, 2009. The County does not normally bind itself in such agreements to a particular date because the agreement is what the applicant must do to fulfill a condition of approval. The City, however, needs such a date in order to apply for federal economic stimulus funds. Staff included a date that staff believed was a realistic date by which the Board would be able to approve the plan and zoning amendment ordinances. Staff believes that the ordinances will be before the Board for its approval long before that date. DOCUMENTATION A copy of the Intergovermmnetal Agreement is attached for your review. SCHEDULE This item is scheduled for 10 A.M. on June 1, 2009. Please feel free to contact me with any questions or concerns. REVIEWED LEGAL COUNSEL For Recording Stamp Only INTERGOVERNMENTAL AGREEMENT CONCERNING THE ANNEXATION, ZONE CHANGE AND USE OF CERTAIN PROPERTY SUBJECT TO URBAN GROWTH BOUNDARY EXPANSION This Agreement is entered into under the provisions of ORS Chapter 190 between Deschutes County, Oregon, a political subdivision of the State of Oregon, hereinafter referred to as "County" and the City of Sisters, a municipal corporation of the State of Oregon, hereafter referred to as "City." 1. Recitals. 1.1 City filed applications with County for expansion of City's Urban Growth Boundary (UGB), a zone change for the property being added to the UGB, and for use of a portion of the property for a fire training facility. 1.1.1 The applications and the identification of the property are contained in Deschutes County file numbers PA -08 -2, ZC -08 -2, and MA -08 -8, which are incorporated by reference. 1.2 On February 23, 2009, the County Board of County Commissioners ( "Board ") upheld the Hearings Officer's recommendation to approve the above listed applications with conditions. 1.3 As a condition to County changing the zoning of the property added to the Urban Growth Boundary (the "subject property ") from Forest Use (F -1) to UAR -10, the Board required City and County enter into an intergovernmental agreement concerning the annexation, zoning and use of the subject property as set forth below. 2. Responsibilities of City. 2.1 Once the subject property is within City's Urban Growth Boundary and the zoning has been changed to UAR -10, City will proceed with the annexation of the subject property into the City's Urban Growth Boundary in accordance with state law and City's charter. Page 1 of 3— INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND CITY OF SISTER REGARDING ANNEXATION AND ZONING OF CERTAIN PROPERTY Deschutes County Document No. 2009 -212 2.2 Once the annexation is complete, City shall change the zoning from UAR -10 to PF (Public Facility). 2.3 City agrees that it will not apply any other zone to the subject property other than PF without County's written consent. 2.4 City shall not permit or approve any use on the subject property other than a fire training facility without County's written consent. 2.5 City may maintain streets and provide utility service within the subject property. 3. Responsibilities of County. County shall: 3.1. The County shall adopt the ordinances necessary to implement the UGB expansion and rezone the property to UAR 10 no later than July-1, 2009. 4. Term. The term of this agreement shall be perpetual. Neither party may terminate this agreement without the written consent of the other party. 5. No Partnership. Neither City or County is, by virtue of this Agreement, a partner or joint venturer or agent of the other party in connection with activities carried out under this Agreement, and neither party shall have any obligation with respect to the others debts or any other liabilities of any kind or nature except as specifically provided herein. 6. Miscellaneous. 6.1 City designates its City Manager to represent City in all matters pertaining to administration of this Agreement. 6.2 County designates its Planning Director to represent County in all matters pertaining to administration of this Agreement. 6.3 Any notice under this Agreement or by law to be given or served upon either party shall be addressed to: DESCHUTES COUNTY CITY OF SISTERSS Nick Lelak Community Development Director Planning Director City of Sisters 520 E. Cascade Ave Deschutes County 117 NW Lafayette Ave. Sisters, OR 97759 Bend, OR 97701 Ph: SIGNATURES ON FOLLOWING PAGE Page 2 of 3— INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND CITY OF SISTER REGARDING ANNEXATION AND ZONING OF CERTAIN PROPERTY Deschutes County Document No. 2009 -212 CITY OF SISTERS EILEEN STEIN, City Manager DATED this day of June, 2009. Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS ATTEST: TAMMY BANEY, CHAIR DENNIS R. LUKE, VICE -CHAIR Recording Secretary ALAN UNGER, COMMISSIONER Page 3 of 3— INTERGOVERNMENTAL AGREEMENT BETWEEN DESCHUTES COUNTY AND CITY OF SISTER REGARDING ANNEXATION AND ZONING OF CERTAIN PROPERTY Deschutes County Document No. 2009 -212