HomeMy WebLinkAboutOrdinances 015-016 - Sisters Zone ChangeDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 1, 2009
Please see directions for completing this document on the next page.
DATE: 5/4/09
FROM: Will Groves
CDD x6518
TITLE OF AGENDA ITEM:
Consideration of First and Second Reading and Adoption of Ordinances No. 2009 -015 and 2009 -016.
Ordinance No. 2009 -0015 Amends Deschutes County Code Title 23, the Deschutes County
Comprehensive Plan, to Amend the Comprehensive Map and to Change the Designation of Certain
Property from Forest to Urban Reserve and Declaring and Emergency.
Ordinance No. 2009 -016 Amends Deschutes County Code Title 21, the Sisters Urban Area Zoning
Ordinance, to Amend the Official Zoning Map by Changing the Zone Designation for Certain Property
From Forest Use (F1) to Urban Area Reserve (UAR -10), and Declaring an Emergency. (City of SiL,ters,
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 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.
Staff has prepared and included adopting ordinances. The applicant has requested that these ordinances
be adopted by emergency, as there is an immediate need for fire training facilities in the City of Sister's
area.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Conduct First and Second Reading and adoption of the ordinances.
ATTENDANCE: Legal, Will Groves
DISTRIBUTION OF DOCUMENTS:
BOCC, Will Groves, Legal, City of Sisters
E
Community Development Department
Planning Division Building Safety Division Environmental Health Division
May 4, 2009
117 NW Lafayette Avenue Bend Oregon 97701 -1925
(541)388 -6575 FAX (541)385 -1764
http: / /www.co.deschutes.or us /cdd/
MEMORANDUM
To: Deschutes Board of County Commissioners
From: Will Groves, Associate Planner
Subject: Ordinances No. 2009 -0015 and 2009 -0016. Ordinance No. 2009 -0015
Amends Deschutes County Code Title 23, the Deschutes County
Comprehensive Plan, to Amend the Comprehensive Map and to Change the
Designation of Certain Property from Forest to Urban Reserve and Declaring
and Emergency.
Ordinance No. 2009 -0016 Amends Deschutes County Code Title 21, the
Sisters Urban Area Zoning Ordinance, to Amend the Official Zoning Map
by Changing the Zone Designation for Certain Property From Forest Use
(F1) to Urban Area Reserve (UAR -10), and Declaring an Emergency.
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.
Staff has prepared and included adopting ordinances. The applicant has requested that
these ordinances be adopted by emergency, as there is an immediate need for fire
training facilities in the City of Sister's area.
DOCUMENTATION
Copies of the ordinances and supporting exhibits are attached for your review.
Quality Services Perforined with Pride
SCHEDULE
This item is scheduled for the Board's regular meeting on June 1, 2009. Please feel free
to contact me with any questions or concerns.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 23, the Deschutes County Comprehensive Plan,
to Amend the Comprehensive Map and to Change the
Designation of Certain Property from Forest to Urban
Reserve and Declaring and Emergency.
ORDINANCE NO. 2009-015
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 Comprehensiv e
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 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
ATTEST:
Recording Secretary ALAN UNGER, COMMISSIONER
Date of lsc Reading: day of , 2009.
Date of 2nd Reading: day of , 2009.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective date: day 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' 18 "E, 35.00 feet and S00 °30'37 "E, 460.00 feet
from the brass cap at the Center Quarter comer 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.)
Page 1 of 1 - EXHIBIT A TO ORDINANCE 2009 -015
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Plan Amendment from
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Legend PROPOSED
COMPREHENSIVE PLAN MAP
ED Subject Property 15- 10 -09 -00 -01002
Sisters Urban Growth Boundary
County Zoning
EFU Sisters /Cloverdale Subzone (EFUSC)
Hood Plain (FP)
Forest Use 1 (F1)
Rural Residential (RR10)
City of Sisters
Exhibit "B"
to Ordinance 2009 -015
0 250 500 1,000
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NA Custom\ County\ CDD\ PlanningNWIlIG12COB02 \ProjectFlles\Plan Amendmentmzd April 28, 2009
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, ORE( ON
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
ATTEST: Recording Secretary
Dated this day of May, 2009
Effective Date: May 2009
REVIEWED
LEGAL C SEL
-Z,oO 1—
For Recording Stamp Only
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS: PA- 08- 2/ZC -08 -2
APPLICANT/
PROPERTY OWNER:
REQUEST:
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.
STAFF REVIEWER: Will Groves, Senior Planner
HEARING DATE: January 26, 2008
I. 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
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 Zoning
Ordinance
1. Chapter 21.72, Amendments
* Section 21.72.010, Amendments
Page 1 of 3 —File No. PA- 08- 2/ZC -08 -2
SCANNED
MAR 312009
DC 2009 -O 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
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 decision
approving the subject application. Section 22.28.030(C) requires: "[ Zoone 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 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 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:
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 rd of q,e_,LL , 2009 BOARD OF COUNTY COMMISSIONERS
OF DE HUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Page 3 of 3 — File No. PA- 08- 2/ZC -08 -2
TAMMY BAN , Chair
DENNIS R. LUKE, Vice Chair
(AA/V-e--
ALAN UNGER, Commissioner
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 21, the Sisters Urban Area Zoning Ordinance, to
Amend the Official Zoning Map by Changing the
Zone Designation for Certain Property From Forest
Use (F1) to Urban Area Reserve (UAR -10), and
Declaring an Emergency.
ORDINANCE NO. 2009 -016
WHEREAS, the City of Sisters ( "City ") applied for a Zone Change to Title 21, the Sisters Urban Area
Zoning Ordinance, to amend the Deschutes County Zoning Map, to rezone certain property from Forest I: se
(F1) to Urban Area Reserve (UAR -10); and
WHEREAS, after notice was given 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 zone change; and
WHEREAS, the Board of County Commissioners ( "Board ") conducted a duly noticed public hearing on
January 26, 2009 and approved the zone change for the subject property on February 23, 2009 subject to the
fulfillment of specific conditions prior to rezoning the property as described in the Findings and Decision,
attached as Exhibit "C" to Ordinance 2009 -015 and incorporated by reference herein, ; and
WHEREAS, Condition 1 of Exhibit C requires the County to adopt a Notice of Intent to Rezone in
which the County agreed to rezone the subject property from F1 to UAR -10 subject to the City annexing the
property,
WHEREAS, the intergovernmental agreement signed by the County and the City, Deschutes County
Document 2009 -212, incorporated by reference herein, satisfies Condition 1 because both a Notice of Intent io
Rezone and an intergovernmental agreements are essentially agreements with conditions; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Title 21, Zoning Map, is amended to change the zone designation
from Forest Use (F1) to Urban Area Reserve (UAR -10) for the certain property described in Exhibit "A."
attached to Ordinance 2009 -015 and incorporated by reference herein, and depicted on the map set forth s
Exhibit "B," attached and incorporated by reference herein.
/ / /
PAGE 1 OF 2 - ORDINANCE NO. 2009-016 (06/1/09)
Section 2. FINDINGS. The Board adopts as its findings in support of this decision, the Decision
of the Board of County Commissioners, attached as Exhibit "C" to Ordinance 2009 -015 and incorporated by
reference herein
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 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, CHAIR
DENNIS R. LUKE, VICE CHAIR
Recording Secretary ALAN UNGER, COMMISSIONER
Date of et Reading:
day of , 2009.
Date of 2"d Reading: day of , 2009.
Record of Adoption Vote
Commissioner
Tammy Baney
Dennis R. Luke
Alan Unger
Yes No Abstained Excused
Effective date: day of , 2009.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2009 -016 (06/1/09)
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Zone Change from
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Reserve (UAR10)
a
Legend
ED Subject Property 15- 10 -09 -00 -01002
'' Sisters Urban Growth Boundary
County Zoning
EFU Sisters /Cloverdale Subzone (EFUSC)
Flood Plain (FP)
Forest Use 1 (F1)
Rural Residential (RR10)
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PROPOSED ZONING MAP
City of Sisters
Exhibit 'B"
to Ordinance 2009 -016
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0 250 500 1,000
IMMIFeet
April 28. 2009
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, ORE -GON
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
ATTEST: Recording Secretary
Dated this day of May, 201 9
Effective Date: May 2005,