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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 01 CK DL , airman SCALE t • 8600. 400 O 400. 800 €s 3(� fE£T = � Fa 4 20 M = -0107 0985 v - See 61,80 IS 10 w u Y Y�-e�•�!'. •T%h-t-�'.MIM•.i. r.lra..♦ —— MN /♦ .. 41 m F 1 O H IA -p c V V/ �t{ (n C v+� m n - 0 E' o H n c 2 40 .«...•� p 1 --i _ • 8 !� r•r.sa Plt lta.•% o a m ie 1 0 . C• _ fQ a t • w h Iia•. V 1 a :19 0 1 3 8 *4000 ST _ 1 ' 8 STREET W ,p S•• We 17 10 4 O . - U1 0 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. page 1 9\bbta0001\fi ndi ngs. kls 0107 0388 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. page 2 9\bbta0001\findings.kls 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. page 3 9\bbta0001Vindings.k1s ®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 page 4 9\bbta0001\findings.k1s 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. page 5 9\bbta0001\findings.k1s 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. page 6 9\bb ta0001\fi ndi ngs. k(s 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. page 7 9\bbta0001\0ndi ngs.kls 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. page 8 9\bbta0001\findings.kls 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. page 9 9\bb ta0001\findings. kls 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 page 10 9\bbta0001\findings. kls 0107 0397 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. page 11 9\bbta0001\findings.kls 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. page 12 9\bbta0001\findings.kls 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 page 13 9\bbta0001\findings.kls 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 page 14 9\bbta0001\findings.kls 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. page 15 9\bbta0001\findings.k(s 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: page 16 %bbta0001 Vindings.k(s 010'7 0103 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. page 17 9\bbtaOOOIVindings.kls 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 page 18 9\bbta0001Vindings. kls