Commission zeroing in on 'formula food'

After considerable debate, significant public testimony, and several false starts over more than a year of discussion, the Sisters Planning Commission on Thursday agreed on their preferred wording for proposed "formula foods" definitions and zoning restrictions.

The proposal will include allowing the one and only existing "formula food" outlet (Dutch Bros.) in the downtown commercial zone. No others would be allowed.

The proposal will allow up to six "formula food" outlets in the highway commercial district. Three already exist in this zone: McDonald's, Subway, and the yet-to-be-determined approved site at the card-lock station just west of Ray's Food Place.

As it now stands, the proposal will define a formula food establishment as an eating and drinking establishment that has more than 12 outlets with identical or near-identical format, décor and menu presentation. The old definition was more than three outlets.

Eating and drinking establishments such as The Olive Garden, Applebee's, The Red Lobster and Black Bear Diner (60+ outlets) would be designated as formula food establishments. Smaller outfits such as Cibelli's, Deschutes Brewery, and Sisters Coffee would not be subject to the formula foods restrictions.

Under existing code there are no restrictions on the type of eating and drinking establishments allowed in the downtown commercial district other than that there can be no more drive-thrus in the downtown district. There have been multiple public requests for a moratorium on the issuing of any permits in the downtown commercial district until the final restriction are in place (estimated to be February at the earliest).

City Attorney Steve Bryant has indicated to both the commission and the city council that such a moratorium would be illegal. Council members and city staff have also expressed their reservations about a moratorium.

However, members of the public and some commissioners have voiced their concerns that the newly renovated downtown core might prove to be attractive to a major national chain. Without a moratorium and until the new code is in place, it would be illegal to deny any valid permit request.

Commissioner Daryl Tewalt has also expressed his concern on several occasions that a savvy speculator could obtain a building permit with no intention of building, and then "sit on his golden ticket" bidding up the price until the right buyer came along.

With the definition of "formula food establishment" clarified, the commission set about to define their preferred restrictions on such establishments.

The most recent staff proposal included the "more than 12" definition, and would have allowed three formula food outlets in the downtown commercial zone and six outlets in the highway commercial district.

After public input, and based on previous workshops as well as considerable back-and-forth among the commissioners on Thursday, it was decided that no formula food outlets would be allowed in the downtown commercial zone. The Dutch Bros. coffee kiosk would be an allowed use, but only as long as it stayed under current ownership.

The commissioners agreed with the staff recommendation of allowing up to six formula food restaurants in the highway commercial district. The commission also opted to retain the spacing and other previous zoning requirements for formula foods in the highway commercial district.

The "formula food" issue will come up for formal public hearing and a planning commission vote at a future planning commission meeting. The planning commission's recommendation will then come before the city council for a vote before it can be enacted - as written or as amended.

Once approved by the council, city staff still have a number of notifications to work through before the code can be formally put in place.