Opponents appeal McDonald's approval

Mark Peterson, representing a Sisters citizens group, has filed an appeal of the planning commission's approval of the application by Cache Mountain Development for a combination restaurant (McDonald's), convenience store and gas station.

The written appeal states that the applicant 1) does not meet the Development Code prohibiting more than one drive-in/drive-up/drive-through facility within 400 linear feet along the same street frontage and 2) exceeds the traffic impact as dictated by Oregon Department of Transportation (ODOT). The appeal further states that the wrong definition was used to determine traffic impact at the intersection of Railroad Street and Highway 20.

According to the Planning Department, the gas station is a permitted use and the drive-in restaurant and food market are conditional uses per Table 2.2.190.A (Land Uses and Building Types Permitted in the Highway Commercial Sub-District) of the Development Code.

The planning department states that the gas station is not considered a "drive-up" facility based on 2.2.E.2.b which states "Drive-up facilities are permitted only in the Highway Commercial Sub-District and only when accessory to a primary commercial 'walk-in' use..." The Findings, Conditions, and Decision of the Sisters Planning Commission, October 21, 2004, goes on to say "Although gas stations are auto-oriented uses, the code specifically exempts them from these provisions."

City Planner Bill Adams agrees that this section of the Development Code is not well written. He stated that interpretation of the current code leads him, by inference, to believe that gas stations are exempt from the drive-up provisions.

Although much earlier testimony was specifically oriented to a "No McDonald's" stand, Mark Peterson emphasized that the appeal is not a challenge to McDonald's per se, but rather to the City of Sisters Development Code. He indicated that his group will be represented by legal counsel.

The city council will hold a public hearing on December 9 beginning at 7 p.m. at City Hall.

For the hearing of the appeal, the council opted not to have all testimony repeated from the beginning.

They will review the record as presented to the planning commission and will hear new testimony.

In other city news, commissioner Ted Johnson has submitted his resignation from the planning commission.