HomeMy WebLinkAbout91-03591-•20544
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO
An Ordinance Amending PL -17, Sisters
Urban Area Zoning Map, changing the
zone designation from F-3 to UAR-10
and LM on a 40 -acre parcel of real
property located in Township 15 South,*
Range 10 East of the Willamette
Meridian, Section 5, Deschutes County,*
Oregon, and declaring an emergency.
ORDINANCE NO. 91-035
REViEV�/ED
&-,
OREGON
LEGAL COUNSEL''
0107 083
WHEREAS, the Sisters School District proposed a Zone Map Amendment
to the Sisters Urban Area Zoning Ordinance on real property located
west of the City of Sisters (as more fully described in Exhibits "A"
and "B") to change the Zone designation from Forest Use, F-3, to Urban
Reserve, UAR-10; and
WHEREAS, After consideration of the application the Board of
County Commissioners adopted on June 11, 1991, Resolution No. 91-043
indicating its intent to adopt an ordinance to amend the Sisters Urban
Area Zoning Ordinance as requested at such time as the School District
demonstrates it has acquired title to the subject property from the
Forest Service and all rights of appeal to the School District/Forest
Service land exchange have been extinguished; and
WHEREAS, the School District has acquired title to the subject
property, as demonstrated by the recordation of a Quitclaim Deed in
Volume 239, Page 1443, of the Deschutes County Book of Records, and all
rights of appeal to the transfer of title have been extinguished, now,
therefore;
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS AS FOLLOWS:
Section 1. That PL -17, the Sisters Urban Area Zone Map, as
amended, is further amended to change the zone designation on the
subject property, as described in the legal description attached hereto
as Exhibit "A" and by this reference incorporated herein and the map
attached hereto as Exhibit "B" and by this reference incorporated
herein, from F-3 (under the Deschutes County Zoning Ordinance) to
UAR-10 and LM (under the Sisters Urban Area Zoning Ordinance).
Section 2. In support of its decision, the Board adopts the
findings and recommendations of the Planning Commission, attached
hereto as Exhibit "C" and incorporated herein by reference.
Section 3. This Ordinance being necessary for
preservation of the public peace, health and safety,
declared to exist, and this Ordinance takes effect on
1 - ORDINANCE - NO. 91-035
the immediate
an emergency is
its passage.
DATED this day of , 1991.
ATTEST•
Recording Secretary
2 - ORDINANCE - NO. 91-035
0107 aU 84
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COTJNTY, OREGON
, Commissioner
NANCY POPEk)§CHr ANGER' Commisgioner
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EXHIBIT B .07 0386
SW 1/4 of the SW 1/4 of Section 5, Township 15 South, Range 10 East
Willamette Meridian, Deschutes County, Oregon.
3 - RESOLUTION NO. 91-043 (6/6/91)
EXHIBIT C 0107 0287
BEFORE THE DESCHUTES COUNTY PLANNING COMMISSION
APPLICANT: SISTERS SCHOOL DISTRICT
File No. PA-91-1/ZC-91-1
This matter came before the Deschutes County Planning Commission as File No.
PA-91-1/ZC-91-1. The matter was set for public hearing and after due notice,
hearings were held on April 24 and May 1, 1991 before the Deschutes County
Planning Commission.
Based upon the material contained in the file, PA-91-1/ZC-91-1, and the
additional testimony and evidence submitted on behalf of the Applicant at the
public hearing before the Commission, the Commission makes the following
findings of fact:
BASIC FINDINGS
1. This is an application for:
A. An amendment to the Sisters Urban Area Comprehensive Plan for the
City of Sisters to revise its Urban Growth Boundary (UGB) to encompass
all of a 40 -acre property in order to build a new middle and high school;
this amendment will require Exceptions to Statewide Planning Goals 2, 4,
and 14, and
B. A rezone of the subject property from Forest (F-3) to Urban Area
Reserve (UAR-10).
2. The applicant is the Sisters School District (Deschutes County School District
No.6), Post Office Box 99, Sisters, Oregon 97759.
3. The subject property is located at 15200 McKenzie Highway, approximately
one mile west of Sisters. The property is identified on the Deschutes County
Assessor's Map 15-10-5 as tax lot 900.
4. The property is zoned F-3, Forest Use, and is designated Forest on the
Deschutes County Comprehensive Plan.
5. The Hearing was held on the above -referenced application on April 24, 1991,
at the Juvenile Justice Building, and was continued to May 1, 1991.
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6. The property contains approximately 40 acres of level forest land. Vegetation
on the property includes ponderosa pine and juniper of various age classes,
antelope bitterbrush and grasses.
7. Surrounding land uses:
A. North: The property is bounded on the north by McKinney Butte Road, a
County road, and McKinney Butte Ranch Subdivision. Zoning in the area
is F-3.
B. South: The Patterson llama ranch is located to the south, across
McKenzie Highway. Zoning in this area is EFU-20.
C. East: The City of Sisters' UGB runs along the east property line to tax
lot 900. Properties to the east are zoned UAR-10 and UAR-2.5. A
number of churches are located to the east along Trinity Way, a paved
County road. The area also contains Barclay Logging and church
ballfields.
D. West: The Deschutes National Forest, zoned F-2.
8. The subject property obtains access off of the McKenzie Highway, and all
services necessary for the proposed use are currently available (electricity and
telephone) or will be provided as part of the construction of the school (water
and septic).
9. The applicant is requesting an amendment to the Sisters Urban Area
Comprehensive Plan for the City of Sisters to revise its Urban Growth
Boundary (UGB) to encompass all of a 40 -acre property in order to build a
new middle and high school; this amendment will require Exceptions to
Statewide Planning Goals 2, 4, and 14, and a rezone of the subject property
from Forest (F-3) to Urban Area Reserve (UAR-10).
10. Transmittals sent to public agencies were received with the following
comments:
A. County Public Works Department: Relevant comments are contained in
the Staff Report for Files No. CU -91-16 and SP -91023.
B. City of Sisters: See letter dated March 1991, part of the record for this
file.
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007 089
C. County Environmental Health Division: "Will require a WPCF (Water
Pollution Control Facility) permit from DEQ for project sewage flow."
D. Sisters Fire Department: "The need for supply of water for fire fighting
must be addressed."
E. State Highway Division: See letter dated 26 March and 26 April 1991,
part of the record for this file.
F. Department of Land Conservation and Development: No comment
received.
G. Oregon Health Division: No comment received.
H. County Watermaster: "No water rights on this property."
I. U.S. Forest Service: No comment received.
J. State Department of Forestry: No comment received.
K. Department of Environmental Quality: No comment received.
APPLICABLE CRITERIA AND FINDINGS
11. Criteria which relate to this application include:
A. Consistency with the Sisters Urban Area Comprehensive Plan
As stated on page 108 of the Sisters Urban Area Comprehensive Plan
(Deschutes County Ordinance No. PL -16 as amended by Ordinance No.
81-039), in order to amend the Plan the applicant must prove that any
changes are "...consistent with the goals, objectives, policies and statements
of intent of the plan..."
On page 93, the Sisters Urban Area Comprehensive Plan lists the
following applicable policies:
1) The urban growth boundary shall be used as the official area for which
to plan all public facilities, annexations, and future land use for the year
2000.
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®107 0390
The applicant is requesting that a 40 -acre parcel of land currently
located immediately adjacent to the western boundary of the UGB
(Figure 3) be annexed into the Sisters UGB so that it will be available
as a public school site. There are no appropriate sites within the
UGB. The criteria used to judge appropriateness are the following:
a. Close proximity to the City of Sisters so that the school will also
function as a needed community center.
b. Close proximity to the city center so that work-study partnerships
can be developed for students.
c. Direct access by existing highway and/or good secondary road.
d. Compatibility of the proposed school with surrounding land uses.
e. Visible proximity to the community of Sisters for security reasons.
f. An area of at least 40 acres.
Initially, three sites were identified within the UGB that could
potentially meet these requirements. The site that was originally
designated on the Sisters Urban Area Comprehensive Plan as a
school site, known as the Camp Polk Road site, was determined to be
an unacceptable site by the Oregon Aeronautics Division because of
its close proximity to Eagle Airport (see attached Master Plan).
Another parcel, known as the Lundgren Mill site, was rejected for
similar reasons. A third parcel, owned by Brooks Resources and
located just north of the proposed site, is no longer available for
purchase, and does not have sufficient road access.
The proposed site is immediately adjacent to the western boundary of
the UGB, and is less than one mile from the center of the City of
Sisters.
2) 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.
As discussed in greater detail above, there are no appropriate sites
for a public school within the Sisters Urban Growth Boundary
(UGB). There is an acknowledged need for a high and middle school
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010'7 0391
in the Sisters urban area. The Sisters School District has
approximately 180 high and 120 middle school students enrolled at
the present time. The District anticipates that this enrollment will
continue to increase. These students are presently bussed to the City
of Redmond, approximately 20 miles away, at a tuition cost of
$4,725.00 a year per student. With this demonstrated need for a high
and middle school within the Sisters urban area, and because there
are no appropriate sites for a school within the UGB, it is necessary
to change the UGB to include the proposed site.
3) In order to assure the economic provision and utilization of future public
facilities and services, the present city shall develop to 75% capacity
before expanding into the "urban reserve" areas.
The proposed plan amendment and zone change would be an
addition to the "urban reserve" area of the Sisters UGB, required
because there are no other suitable sites for a public school within the
existing UGB.
5) All additional public costs created by a development shall be paid for by
the developer as deemed necessary by the governing body.
The Sisters School District intends to construct a well in the
northwestern portion of the school site to supply water to the school
for domestic purposes and for fire protection. It is possible that this
well could augment City water.
Minor improvements to McKenzie Highway required by the Oregon
Department of Transportation will be paid for by the School District.
There are no other public costs associated with the proposed school.
6) The city and county should make continued efforts to gain public
support for fire protection, police protection, water system, etc. to help
implement urbanization policies and facilitate energy conservation.
The Sisters School District will provide a well for the use of the
school that will also be available for City use in order to improve City
water and fire protection systems.
7) An urban growth management plan shall be jointly adopted and
implemented by the city and the county to carry out the comprehensive
plan policies.
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0107 0392
The City of Sisters and Deschutes County have an Urban Growth
Management Agreement, which outlines the procedures for
coordination between the City and the County.
8) Public facilities and services. See Findings No. 2.
9) Transportation Policy No. 3. This has been addressed by requiring the
applicant to submit a written request to the Highway Division for
construction of bicycle facilities along McKenzie Highway.
10) Energy Conservation Policy No. 11. See Findings No. 9.
11) Community Appearance-- Landscape Management. All State Highways
entering the City are officially classified as "Scenic Highways" at the
State, Federal and local level. To be consistent with this policy, the
Planning Commission recommends that the Plan and the Zone
designation on this property be amended to Landscape Management.
These designations extend 200 feet from the edge of the Highway
right-of-way.
B. Consistency with the Deschutes County Year 2000 Comprehensive Plan
2) Urban growth boundaries identify and separate urbanLable land from
rural land. Conversion of urbanizable land to urban uses shall be based
on consideration of (a) orderly and economic provision for public
facilities and services, (b) availability of sufficient land for the various
uses to insure choices in the marketplace; and, (c) encouragement of
development within urban areas before conversion of urbanizable land.
As discussed in greater detail above, there are no appropriate sites
for a public school within the Sisters Urban Growth Boundary
(UGB). The School District is requesting an amendment to the
Sisters Urban Area Comprehensive Plan in order to construct a high
and middle school within the Sisters urban area.
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01107 0393
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 LCDC goals.
The Sisters School District has approximately 180 high and
120 middle school students enrolled at the present time.
The District anticipates that this enrollment will continue to
increase. The high school students are presently bussed to
the City of Redmond, approximately 20 miles away, at a
tuition cost of $4,725.00 a year per student. With this
demonstrated need for a high and middle school within the
Sisters urban area, and because there are no appropriate
sites for a school within the UGB, it is necessary to change
the UGB to include the proposed site.
b) Need for housing, employment opportunities and liveability.
The construction of the proposed high and middle school
will improve the liveability of the City of Sisters by
eliminating the need to transport its high and middle school
age students out of the community and by providing a
needed community center. The new school will also
provide employment opportunities, since faculty and staff
will be required.
c) Orderly and economic provision for public facilities and
services.
Public facilities in the Sisters urban area are limited to
water, roads, and police and fire protection. The City has
already constructed water lines to the western edge of the
UGB, and supplies several users outside of the City
boundaries. The School District will build a well for the
new school site, which may also augment the City supplies
for other users.
The proposed school site has direct access off of the
McKenzie Highway.
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010' 03/94
Police protection will be provided by Deschutes County,
and fire protection will be provided by the Sisters/Camp
Sherman Rural Fire District. Because the proposed school
site is less than one mile from the city center, provision of
these services will be an orderly and economic addition to
existing services.
d) Maximum efficiency of land uses within and on the fringe of
the existing urban area.
The Sisters School District has selected a site for the high
and middle school that is as close to the city center as
possible, considering the criteria listed in Section I.A.1,
above. The only site meeting the criteria is the one chosen,
which is located immediately adjacent to the western
boundary of the UGB, adjacent to existing public facilities
and less than one mile from the city center.
e) Environmental, energy, economic and social consequences.
Environmental
The proposed project would require the removal of a
number of Ponderosa pines, several of which are large,
mature trees. This removal represents an aesthetic impact,
as well as a loss of wildlife habitat. However, a number of
trees will be left in place on the school site, continuing to
provide aesthetic values as well as habitat for some birds
species. An approximately 300 -foot wide buffer will be
retained between the school site and the McKenzie
Highway (a State Scenic Highway), and approximately 45
trees of 18" diameter or greater will be retained within that
buffer (see Master Plan, made a part of this file).
The clearing of the site for construction of the school and
playing fields represents a loss of approximately 40 acres of
wildlife habitat, and will also result in the degradation of
wildlife habitat along the western edge of the site, where it
abuts areas of relatively undisturbed Ponderosa pine forest.
There is existing development to the east, south and north
of the site.
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010'7 0395
No rare, threatened, or endangered wildlife would be
adversely affected by the loss of this site, since there is
abundant similar habitat in the vicinity of the site. The site
is not part of a Winter Deer Range. The U.S. Forest
Service (USFS) wildlife biologist for the Sisters District has
observed that there appears to be little deer use of the site.
The site has also been examined for the presence of rare
plant species: Peck's penstemon (Penstemon peckii) and
Peck's milk -vetch (Astragalus peckii). Neither of these
plants were found on the site.
There will be an increase in traffic to the school site on
McKenzie Highway. This is not expected to be a significant
impact on traffic flows or patterns in the area. The Oregon
Department of Transportation has requested that the right
hand turn into the school site be accommodated by a flare
in the turn radius, but that no left hand turn
accommodation is necessary because of the small increase
in traffic expected.
The Highway Division has also indicated that the
intersection of the McKenzie Highway and the Santiam
Highway may not be adequate to handle the increase in
traffic that the school will generate. The Highway Division
intends to rebuild this intersection as part of the proposed
couplet project, but requests that the applicant produce a
traffic study and engineering design that will safely
accommodate the trips generated by the facility.
The Planning Commission finds that the applicant is
responsible for providing safe access onto McKenzie
Highway, but is not responsible for designing the
intersection of the McKenzie and Santiam Highways.
End
Although there are some energy costs associated with the
construction and operation of the new school site, these are
balanced by the elimination of the daily transporting of 180
students by bus to Redmond.
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0107 0396
In addition, the school is being designed to utilize energy
efficient technologies, including passive solar. This is
important to the local community and has been emphasized
at a number of public meetings.
Economic
The costs of operating the new high and middle school are
balanced by the elimination of the tuition fee ($4,725.00 per
student per year) that must be paid to educate high and
middle school age students living in Sisters.
Social
There was considerable testimony at the hearings regarding
the process the School District used to select a site and
design for the school. Extensive public input was received
regarding these two issues. The Planning Commission finds
that the facility will provide a number of social benefits.
High and middle school age students will no longer need to
leave their community to be educated, and parental
involvement will be increased. Work-study programs can
be initiated with local businesses, and student involvement
with the community can be enhanced.
The high and middle school will also provide a community
center for the City, with a cafetorium, gymnasium, lecture
facilities, football field, and track. Future expansion plans
include additional classroom space and parking, bleachers
for the football field, and a soccer field, pool and tennis
courts.
f) Retention of agricultural lands as defined, with class I being
the highest priority for retention and Class VI the lowest
priority; and
The Deschutes County Comprehensive Plan defines
agricultural lands as "...those lands which are identified as
possessing Soil Conservation Service Agricultural Capability
Class I- VI soils..." The proposed site is vegetated with
Ponderosa pines and has Lundgren Sandy Loam soils,
which are Class VI soils. The site is presently zoned F-3
and is owned by the U.S. Forest Service. The site has been
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classified as land with scenic values by the Sisters Forest
Management Plan, and no timber removal has been
planned.
g) Compatibility of the proposed urban uses with nearby
agricultural activities
Presently, there is some livestock grazing on the land north
of the proposed school site. This land is within the urban
growth boundary and is reportedly planned for a private
development. The school playing fields would be located
adjacent to the pasture area, which would be a compatible
use if livestock use is continued.
Livestock grazing (llamas) is also taking place on land south
of the proposed school site. The McKenzie Highway is
between the school site and the pasture area, and the
school would have little affect on the continued use of that
land for livestock grazing.
4. Within an urban growth boundary city and county land use
regulations and standards shall be mutually supportive, jointly
proposed and adopted, administered and enforced, and plans to
integrate the type, timing and locations of development of public
facilities and services in a manner to accommodate demand as
urbanizable lands become more urbanized, and to guide the
community's growth.
The City of Sisters and Deschutes County have an Urban Growth
Management Agreement, which outlines the procedures for
coordination between the City and the County.
5. Urban development shall be permitted 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 disposa4 fire protection, libraries and other facilities
and services.
The proposed site has been chosen because of its proximity (less
than one mile) to the city center and necessary urban services.
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0107 WQIS8
19. Because of slow natural growth and their effective use as a visual
and noise buffer, and their relationship to air quality, trees or stands
of trees shall be protected whenever feasible in industrial,
commercial, residential and other urban developments.
The Ponderosa pines on the site will be retained as part of the
school's landscaping to the extent possible; however, the
construction of the school and its associated playing fields will
require the removal of the majority of the trees on site.
The subject property should be within a Landscape Management
Combining Zone because it abuts the McKenzie Highway, which
is a State Scenic Highway. The project has been designed with a
300 -foot buffer between the school building and the McKenzie
Highway, which will retain at least 45 trees of 18" in diameter or
greater (see attached Master Plan). This setback exceed the
extent of the LM zone (200 feet), and thus meets the requirement
of the zone.
C. Findings Satisfying_Goal 2 (Land Use Planning), Goal 14
,Urbanization and Applicable Oregon Administrative Rules (OAR) for
a Reasons Exception
OAR 660-04-010 (1)(c)(B) provides as follows:
When a local government changes an established urban growth boundary,
it shall follow the procedures and requirements set forth in Goal 2 "Land
Use Planning," Part II, exceptions. An established urban growth boundary
is one which has been acknowledged by the commission under ORS
197.251. Revised findings and reasons in support of an amendment to an
established urban growth boundary shall demonstrate compliance with the
seven factors of Goal 14 and demonstrate that the following standards are
met.
1. Reasons justify why the state policy embodied in the applicable goals
shall not apply (this factor can be satisfied by compliance with the
seven factors of Goal 7.•
i) Demonstrated need to accommodate long-range urban
population growth requirements consistent with LCDC goals.
See Section 13.3 (a), above.
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010'7 099
ii) Need for housing, employment opportunities and liveability.
See Section B.3 (b), above.
iii) Orderly and economic provision for public facilities and
services.
See Section B.3 (c), above.
iv) Maximum e iciency of land uses within and on the fringe of
the existing urban area.
See Section B.3 (d), above.
v) Environmentaty energy, economic and social consequences.
See Section B.3 (e), above.
vi) Retention of agricultural lands as defined, with class I being
the highest priority for retention and Class VI the lowest
priority; and
See Section B.3 (f), above.
vii) Compatibility of the proposed urban uses with nearby
agricultural activities.
See Section B.3 (g), above.
Ultimately, the Planning Commission finds that the applicant has
satisfactorily addressed the seven factors of Goal 14, thus
satisfying OAR 660--04-010 (1)(c)(B)(i), 'Reasons."
2. Areas which do not require a new exception cannot reasonably
accommodate the use,
See Section A.1, above.
3. The long-term environmental, economic, social and energy
consequences resulting from the use of the proposed site with
measures designed to reduce adverse impacts are not significantly
more adverse than would typically result from the same proposal
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G.107 0400.
being located in areas requiring a goal exception other than the
proposed use;
No other sites were identified outside of the UGB as meeting the
criteria addressed in Section B.2. Because the City of Sisters is
surrounded by U.S. Forest Service land or other forest or
agricultural land, other sites would likely have greater impacts
than the proposed site [see Section B.3 (e) for a discussion of
potential project impacts], because these sites would be farther
from the city center and more likely to be important wildlife
habitat or provide other important forest resources.
4. The proposed uses are compatible with other adjacent uses or will be
so rendered through measures designed to reduce adverse impact.
Other adjacent uses are a church and two ranches, with livestock
pastures adjacent to the school site. The school yard will be
fenced to control access of students onto adjoining properties.
The Planning Commission finds that, with an increased setback of
100 feet along the western property line, the proposed use will be
compatible with adjacent forest uses, satisfying OAR 660-04-
010(1)(c)(B)(iv).
D. Findings Satisfying Goal 2, Goal 4 (Forest Lands) and Applicable
OARs for a Reasons Exception
OAR 660-04-020 (1) states that:
If a jurisdiction determines that there are reasons consistent with OAR
660-04-022 to use resource lands for uses not allowed by the applicable
Goal, the justification shall be set forth in the comprehensive plan as an
exception. The four factors in Goal 2 Part II(c) required to be addressed
when taking an exception to a Goal are:
1. Reasons justify why the state policy embodied in the applicable goals
shall not apply;
The purpose of Statewide Planning Goal 4 is: To conserve forest
lands for forest purposes. Forest uses include: (1) the production of
trees and the processing of forest products, (2) open space, buffers
from noise, and visual separation of conflicting uses, (3) watershed
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0107 0401
protection and wildlife and fisheries habitat; (4) soils protection from
wind and water, (5) maintenance of clean air and water; (6)
outdoor recreation and related support services and wilderness values
compatible with these uses, and (7) grazing land for livestock.
The subject property currently belongs to the USFS, Sisters
Ranger District. A portion of the parcel was overstory logged
and plantation planted in 1983, with a low success rate. The
USFS does not consider the 40 -acre parcel to be important
timber production land.
The parcel is designated in the Sisters District Forest
Management Plan as an area to be set aside for its scenic values.
This is because the site is located on the McKenzie Highway,
which is a State Scenic Highway. Although a high and middle
school will inevitably be less scenic than a natural stand of trees,
the proposed high and middle school design includes an
approximately 300 -foot wide buffer with approximately 45 trees
with trunk diameters larger than 18 inches (see attached Master
Plan), and many more smaller trees. This will allow the high and
middle school to meet the County requirements for a Landscape
Management Combining Zone, and to retain the scenic values of
the highway.
During site investigations, the USFS has not found the site to be
important for wildlife. This is most likely because of the site's
location on the urban edge, surrounded on three sides by
developed land (two ranches and a church).
The site is not an important part of any watershed, and is
sufficiently flat that runoff erosion is not a problem. The site will
continue to be protected from wind erosion by the retention of
areas of native plant materials as well as the landscaping for the
school. The retention of trees on the site will allow it to continue
to contribute to clean air, although the contribution of a 40 -acre
parcel must be considered minimal.
Because of the site's location on the edge of the UGB, less than
one mile from the center of Sisters, and its small size, the USFS
does not consider that it has any wilderness values. There is no
livestock grazing on the site.
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010'7 OIC2
For these reasons, the applicant contends that the site is not
valuable as a forest parcel.
2. Areas which do not require a new exception cannot reasonably
accommodate the use,-
See
se;
See Section A.1. There were no other sites available for
consideration that met the criteria.
3. The long-term environmental, economic, social and energy
consequences resulting from the use of the proposed site with
measures designed to reduce adverse impacts are not significantly
more adverse than would typically result from the same proposal
being located in areas requiring a goal exception other than the
proposed use;
See Section B.2 and C.2. Any other sites that might be
considered would certainly have greater impacts, most likely to
forest resources.
4. The proposed uses are compatible with other adjacent uses or will be
so rendered through measures designed to reduce adverse impact.
See Section C.4. Adjacent forest lands are designated as
important for their scenic values by the USFS Sisters District
Forest Management Plan.
E. Findings Satishdng the Zone Change Criteria of the Sisters Urban
Growth Boundary Zoning_ Ordinance
The Sisters School District is requesting zone change for a 40 -acre
parcel from Forest (F-3) to Urban Area Reserve (UAR-10). Section
18 (3)(I) lists public schools as conditional uses in UAR-10 zone. The
Sisters Urban Growth Boundary Zoning Ordinance states on page 40
that:
The burden of proof is upon the one seeking the change. The degree of
that burden increases proportionately with the degree of impact of the
change which is sought. The applicant shall in all cases establish:
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1. Conformance with the Comprehensive Plan.
See Section A and B.
2. Conformance with all applicable statutes.
See Sections A and B.
3. Conformance with Statewide Planning Goals wherever they are
determined to be applicable.
See Sections C and D.
4. That there is a public need for a change of the kind in question.
See Section B.3 (a).
5. That the need will be best served by changing the classification of
the particular piece of property in question as compared with other
available property.
As discussed in Section A.1, there are no other sites available that
meet the requirements of the Sisters School District for a high
and middle school site.
6. That there is proof of a change of circumstances or a mistake in the
original zoning.
The original site shown on the Sisters Urban Area
Comprehensive Plan for a high and middle school has proven to
be inappropriate because the site is located within the flight path
of the local airport. The School District is requesting a zone
change from F-3 to UAR-10 on the proposed school site to allow
a school to be conditionally built. The proposed site has been
selected because it is the only site in the vicinity of the City of
Sisters meeting the School District's criteria for a high and middle
school.
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0107 MCI
7. That annexation to the City of Sisters will accompany the zone
change.
The proposed site is not contiguous to the boundary of the City
of Sisters; therefore, annexation is not possible. However, as a
condition of approval, the Planning Commission recommends that
the applicant be required to sign and record an unlimited consent
to annex agreement, ensuring that the intent of this criterion can
be carried out.
13. The Planning Staff found that the subject proposal meets all of the
applicable criteria for a plan amendment and zone change and has
recommended approval, with the stipulation that approval of the Plan and
Zone amendments be made contingent upon the transfer of land from the
Forest Service to the applicant. This stipulation is needed to ensure
compliance with the findings addressing the criteria for a Reason Exception
and may be carried out through adoption of a "resolution of intent to
rezone."
Based upon the foregoing findings, the Deschutes County Planning Commission
hereby recommends approval of the requested Plan and Zone amendments
documented in file No. PA-91-1/ZC-90-1. The Planning Commission further
recommends that final approval of these amendments be made contingent upon
the transfer of land from the Forest Service to the School District. To this end,
the Planning Commission recommends that the Board adopt a "resolution of
intent to rezone," which specifies that signing of the implementing ordinances
would not take place until the transfer of land has occurred. The resolution
should be valid for a period of time not to exceed two years, and should specify
that the Plan and Zone designation of Landscape Management shall be applied to
the property consistent with the Sisters Urban Area Comprehensive Plan.
Dated this 22nd day of May, 1991.
DESCHUTES COUNTY PLANNING COMMISSION,
DESCHUTES COUNTY, OREGON
i
Secretary for Deschutes County Planning Commission
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