HomeMy WebLinkAbout2022-05-02 247-22-000123-PA, 22-124-ZC Staff Report
117 NW Lafayette Avenue, Bend, Oregon 97703 | P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 cdd@deschutes .org www.deschutes.org/cd
COMMUNITY DEVELOPMENT
STAFF REPORT
FILE NUMBERS: 247-22-000123-PA, 247-22-000124-ZC
HEARING: May 10, 2022, 6:00 p.m., Barnes & Sawyer Rooms
Deschutes Services Center
1300 NW Wall Street
Bend, OR 97708
SUBJECT PROPERTY/
OWNER: Mailing Name: PORTER KELLY BURNS LANDHOLDINGS LLC
Map and Taxlot: 1712350001500
Account: 119047
Situs Address: 21455 HWY 20, BEND, OR 97701
APPLICANT: Hayden Homes
2464 SW Glacier Place, Suite 110
Redmond, OR 97756
PROPOSAL: The Applicant requests an Amendment to the Comprehensive Plan
designation and a Zone Change of the subject property from Rural
Residential Exception Area (RREA) and Multiple Use Agricultural
(MUA10) Zone to Bend Urban Growth Area and Urbanizable Area (UA)
District, respectively. The subject proposal is in conjunction with House
Bill (HB) 4079, which designates a City of Bend Affordable Housing Pilot
Program. The proposal is being pursued in conjunction with a
simultaneous proposal for an expansion of the City of Bend’s Urban
Growth Boundary (UGB).
STAFF REVIEWER: Kyle Collins, Associate Planner
Phone: 541-383-4427
Email: Kyle.Collins@deschutes.org
I. APPLICABLE STANDARDS AND CRITERIA:
Deschutes County Code, Title 18, County Zoning
Chapter 18.32, Multiple Use Agricultural Zone (MUA10)
Chapter 18.84, Landscape Management Combining Zone (LM)
Monday, May 2, 2022
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Chapter 18.136, Amendments
Deschutes County Code, Title 19A, Bend Urbanizable Area District
Deschutes County Code, Title 22, Procedures Ordinance
Deschutes County Code, Title 23, Comprehensive Plan
Chapter 1, Comprehensive Planning
Chapter 2, Resource Management
Chapter 4, Urban Growth Management
Chapter 5, Supplemental Sections
Appendix C – Transportation System Plan
Statewide Planning Goals
Goal 1: Citizen Involvement
Goal 2: Land Use Planning
Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces
Goal 7: Areas Subject to Natural Hazards
Goal 11: Public Facilities and Services
Goal 14: Urbanization
Oregon Revised Statutes (ORS)
ORS 197.298, Priority of Land to be Included within Urban Growth Boundary
Oregon Administrative Rule (OAR)
OAR 660-039-0090, Affordable Housing Pilot Project, Subsequent Events
OAR 660-024-0070, UGB Adjustments
OAR 660-015 - Statewide Planning Goals and Guidelines
OAR 660-012 - Transportation Planning
II. FINDINGS OF FACT:
LOCATION: The subject property has an assigned addresses of 21455 Highway 20, Bend, and is
identified on the Deschutes County Assessor’s Map as 17-12-35, Tax Lot 1500. The site is illustrated
on the map below:
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Subject Property
247-22-000123-PA, 247-22-000124-ZC Page 4 of 40
LOT OF RECORD: The subject property was found to be a legal lot of record pursuant to local land
use decisions 247-16-000317-ZC and 247-16-000318-PA.
PROPOSAL: The Applicant is proposing to amend the County Comprehensive Plan and Zoning Map
to change the designation of the subject property from Rural Residential Exception Area (RREA) and
Multiple Use Agricultural (MUA10) Zone to Bend Urban Growth Area and Urbanizable Area (UA)
District, respectively. Subsequently, the Applicant proposes to expand the City of Bend UGB to
accommodate a future affordable housing development. The subject property was selected by the
State of Oregon’s pilot project for affordable housing (HB 4079 and OAR 660-039-0090).
SITE DESCRIPTION: The subject property is currently within the land use management jurisdiction
of Deschutes County. The Deschutes County Comprehensive Plan map designates the subject
property as Rural Residential Exception Area (RREA). The subject property is within the Multiple Use
Agricultural (MUA10) zone. The subject property is 35.32 acres in size and is irregular in shape. It is
adjacent to Highway 20 (a principle arterial) along the northern boundary, and Bear Creek Road (a
rural collector) along the southern boundary. The property abuts the Bend City Limits and Urban
Growth Boundary (UGB) to the west and is situated approximately 0.25 miles from Ward Road (a
rural arterial), to the east. A Central Oregon Irrigation District (COID) canal traverses the property
along the western property edge and there are two irrigation water storage ponds on the site, both
within the southwestern portion of the parcel. The site has been previously developed with a home
and outbuildings, located approximately in the center of the parcel. Vegetation on the property
consists primarily of annual grasses, sagebrush, scattered juniper trees, and clusters of coniferous
trees surrounding the dwelling and two ponds on the property.
SURROUNDING LAND USES: The City of Bend UGB is directly adjacent to the subject property along
its western boundary. Properties within the UGB are developed with a mixture of urban residential
and commercial uses, with all adjacent parcels located within the Residential Standard Density (RS)
Zone. At the northwest corner of the subject property is a triangular parcel that is zoned Residential
High Density (RH) that is located within the Bend UGB, but is not annexed into the City of Bend.
North of the subject property, across Highway 20 are two Exclusive Farm Use –
Tumalo/Redmond/Bend (EFU-TRB) zoned tax lots that are developed with single-family dwellings
and one EFU-TRB property which is undeveloped. None of these properties appear to be engaged
in farm use and there are no listed water rights for any of the parcels. To the east of the subject
property are two Multiple Use Agricultural (MUA-10) zoned tax lots that are developed with single-
family dwellings. None of these properties appear to be engaged in farm use and there are no listed
water rights for any of the parcels. To the south, across Bear Creek Road, are three EFU-TRB zoned
tax lots. All of these properties are developed with single-family dwellings and one parcel (Map and
Tax Lot: 18-12-02, 201) is currently engaged in small scale agricultural use.
PUBLIC AND PRIVATE AGENCY COMMENTS: The Planning Division mailed notice on April 7, 2022,
to several public agencies and received the following comments:
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Deschutes County Senior Transportation Planner, Peter Russell
I have reviewed the transmittal materials for file 247-22-000123-PA/124-ZC for a plan
amendment and zone change for affordable housing on 35.2 acres to the immediate east of
Bend at 21455 Hwy 20, aka County Assessor’s Map 17-12-35, Tax Lot 1500. The proposal was
selected as part of House Bill 4079 (2018) for affordable housing and currently has a
Comprehensive Plan designation of Rural Residential Exception Area (RREA) and is zoned as
Multiple Use Agriculture (MUA-10). The proposal would annex the area and change the
designation to the City’s Urbanizing Area (UA).
Oregon Administrative Rule (OAR) 660-039 implements HB 4079. OAR 660-39-030(1)(c)
specifically exempts plan amendments and zone changes for HB 4079 projects from
demonstrating compliance with Statewide Planning Goal 12 (Transportation), which is
implemented by the Transportation Planning Rule (TPR), aka OAR 660-012-0060. However, local
codes still require traffic analysis, specifically Deschutes County Code (DCC) 18.116.310(C)(3) and
18.116.310(E)(4). Staff agrees with the methodology, assumptions, and conclusions of the
transportation analysis submitted as part of the burden of proof.
Deschutes County Building Official, Randy Scheid
The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks,
Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the
appropriate plan review process with regard to any proposed structures and occupancies.
Accordingly, all Building Code required items will be addressed, when a specific structure,
occupancy, and type of construction is proposed and submitted for plan review
Central Oregon irrigation District (COID)
Please be advised that Central Oregon Irrigation District (COID) has reviewed the application
received via email on April 7, 2022 for the above referenced project. The applicant requests an
Amendment to the Comprehensive Plan designation and Zone of the subject property from
Rural Residential Exception Area (RREA) and Multiple Use Agricultural (MUA10) Zone to Bend
Urban Growth Boundary (UGB) Area and Urbanizable Area (UA), respectively. The subject
proposal is in conjunction with House Bill (HB) 4079, which designates a City of Bend Affordable
Housing Pilot Program. The subject property is located at 21455 HWY 20, BEND, OR 97701;
1712350001500.
The A-Lateral has an easement of 50-feet with a road easement of 20-feet on the west side. The
piped A-23 is located on the north end of the properties and will need to be accommodated. In
addition, there is an abandoned ditch with an easement of 20-feet that traverses the subject
property.
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Listed below are COIDs initial comments to the provided preliminary site plan. All development
affecting irrigation facilities shall be in accordance with COID’s Development Handbook and/or
as otherwise approved by the District.
Central Oregon Irrigation District (COID) and Hayden Homes are coordinating on the
location and construction timeline of the proposed piping of the A-lateral. While there
are several technical and public safety matters to be addressed, COID has agreed, in
principle, to the proposed piping of the canal. It is our understanding the goal is to
perform this work winter of 2023.
Any irrigation conveyance, District or private, which passes through the subject property
shall not be encroached upon or crossed without written permission from this office.
No structures of any kind, including fence, are permitted within COID
property/easement/right of way.
Irrigation infrastructure and rights-of-way are required to be identified on all maps and
plans.
Please note that COID facilities are located within the vicinity of the project. If the project
expands to include additional tax lots or areas, please contact COID.
Comply with Requirements of COID Developer Handbook including restriction on drilling
/ blasting and excavation within and adjacent to the existing canal embankment. There
is no blasting within 100-feet of the canal
COID has discussed the following water rights information for Tax Map 17123500 01500 with
Hayden Homes:
7.50 acres of appurtenant COID pond maintenance right. Property owner has the option
to retain the pond on the property with the understanding no water will be delivered to
it during the non-irrigation season.
2.25 acres of appurtenant COID pond maintenance right (small southern pond). This
pond has not been actively filled and maintained since 2017. This water is subject to
cancellation November 1, 2022 due to nonuse. Property owner must contact COID by
4/29/22 to file an instream lease application to protect the water. If an instream lease is
not filed by the due date, the only option to retain the 2.25 acre pond is to fill and
maintain the pond during the 2022 irrigation season. Failure to lease the water instream
or to fill the pond will result in the cancellation of the water right and may subject the
property owner to cancellation fees. Contact COID for information.
0.25 acres of appurtenant COID irrigation right. This irrigation right should be removed
from the property prior to development.
Our comments are based on the information provided, which we understand to be preliminary
in nature at this time. Our comments are subject to change and additional requirements may
be made. Please provide updated documents to COID for review as they become
available. Policies, standards and requirements set forth in the COID Developer Handbook
must be complied with. Irrigation infrastructure and right-of-way are required to be identified
on all maps and plans.
The following agencies either had no comment or did not respond to the notice at the time of this
staff report: Avion Water Company, the Bend-La Pine School District, the Bend Fire Department,
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the Bend Metro Parks and Recreation District, the Bend Planning Department, the Bend Public
Works Department, the Bend Growth Management Department, the Central Oregon Irrigation
District (COID), the Deschutes County Assessor, the Deschutes County Environmental Soils
Division, the Deschutes County Road Department, the Oregon Department of Transportation, the
Oregon Department of Fish and Wildlife, the Oregon Department of State Lands (DSL), and the
District 11 Watermaster.
PUBLIC COMMENTS: The Planning Division mailed notice of the application to all property owners
within 250 feet of the subject property on April 7, 2022. The Applicant also complied with the posted
notice requirements of Section 22.24.030(B) of Title 22. The Applicant submitted a Land Use Action
Sign Affidavit indicating the Applicant posted notice of the land use action on March 4, 2022. No
public comments were received from neighboring property owners.
NOTICE REQUIREMENT: The Applicant complied with the posted notice requirements of Section
22.23.030(B) of Deschutes County Code (DCC) Title 22. The Applicant submitted a Land Use Action
Sign Affidavit, dated March 4, 2022, indicating the Applicant posted notice of the land use action on
the property on March 4, 2022. On April 7, 2022, the Planning Division mailed a Notice of Public
Hearing to all property owners within 250 feet of the subject property. A Notice of Public Hearing
was published in the Bend Bulletin on Wednesday, April 20, 2022. Notice of the first evidentiary
hearing was submitted to the Department of Land Conservation and Development on March 29,
2022.
REVIEW PERIOD: The application was submitted on February 17, 2022. The application was deemed
complete on March 18, 2022. According to Deschutes County Code 22.20.040(D), the review of the
proposed quasi-judicial Plan Amendment and Zone Change application is not subject to the 150-
day review period.
LAND USE HISTORY: Previous land use decisions associated with the subject property are listed
below:
247-16-000317-ZC and 247-16-000318-PA: A Plan Amendment changing the designation of the
subject property from Agriculture to Rural Residential Exception Area and a Zone Change from
Exclusive Farm Use (EFU-TRB) to Multiple Use Agricultural (MUA-10).
247-17-000115-LL: A property line adjustment between the subject property and a neighboring
property (Map and Tax Lot: 17-12-35, 1501).
III. FINDINGS & CONCLUSIONS
Title 22 of the Deschutes County Code, Procedures Ordinance
Chapter 22.08, General Provisions
Section 22.08.010 Application Requirements
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A. Property Owner. For the purposes of DCC 22.08.010, the term "property owner"
shall mean the owner of record or the contract purchaser and does not include
a person or organization that holds a security interest.
B. Applications for development or land use actions shall:
1. Be submitted by the property owner or a person who has written
authorization from the property owner as defined herein to make the
application;
2. Be completed on a form prescribed by the Planning Director;
3. Include supporting information required by the zoning ordinance and
that information necessary to demonstrate compliance with applicable
criteria; and
4. Be accompanied by the appropriate filing fee, unless such fees are
waived by the Board of County
Commissioners.
5. Include an affidavit attesting to the fact that the notice has been posted
on the property in accordance with DCC 22.24.030(B).
C. The following applications are not subject to the ownership requirement set
forth in DCC 22.08.010(B)(1):
1. Applications submitted by or on behalf of a public entity or public utility
having the power of eminent domain with respect to the property subject
to the application; or
2. Applications for development proposals sited on lands owned by the state
or the federal government.
D. A deposit for hearings officers’ fees may be requested at any time prior to the
application being deemed complete and, if the application is heard by a hearings
officer, the applicant will be responsible for the actual costs of the hearings
officer.
FINDING: The Applicant submitted its application pursuant to authority granted by the property
owner, Porter Kelly Burns Landholdings LLC. The Applicant paid a hearings officer deposit and will
be responsible for the actual costs of the hearings officer.
Section 22.08.020 Acceptance of Application
A. Development action and land use action applications shall not be accepted until
the planning director has determined that (1) the requirements of DCC 22.08.010
have been met and (2) the application is complete or the application is deemed
to be complete under state law.
B. An application is complete when in the judgment of the Planning Director all
applicable issues have been adequately addressed in the application.
C. Acceptance of an application as complete shall not preclude a determination at
a later date that additional criteria need to be addressed or a later
determination that additional information is needed to adequately address
applicable criteria.
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FINDING: The Applicant’s application was accepted by the Deschutes County Community
Development Department and has been determined to be complete.
Chapter 22.20, Review of Land Use Applications
Section 22.20.010 Action on Land Use Action Applications
A. Except for comprehensive plan amendments and zone changes and other
instances where a hearing is required by state law or by other ordinance
provision, the Planning Director may decide upon a land use action application
administratively either with prior notice, as prescribed under DCC 22.20.020 or
without prior notice, as prescribed under DCC 22.20.030 or he may refer the
application to the Hearings Body for hearing. The Planning Director shall take
such action within 30 days of the date the application is accepted or deemed
accepted as complete. This time limit may be waived at the option of the
applicant.
FINDING: The Applicant requests a Comprehensive Plan map amendment. Accordingly, a hearing
is required. A public hearing before the Deschutes County Hearings Officer is scheduled for May 10,
2022. Following the public hearing, the Hearings Officer will prepare a Decision and
Recommendation for consideration by the Board of County Commissioners.
Chapter 22.24, Land Use Action Hearings
Section 22.24.010 Filing of Staff Report for Hearing
A. At the time an application that in the judgment of the Planning director requires
a hearing is deemed complete, a hearing date shall be set.
B. A staff report shall be completed seven days prior to hearing. If the report is not
completed by such time, the hearing shall be held as scheduled, but any party
may at the hearing or in writing prior to the hearing request a continuance of
the hearing to a date that is at least seven days after the date the initial staff
report is complete. Pursuant to DCC 22.24.140(A)(3), grant of a continuance
under these circumstances shall be discretionary.
C. A copy of the staff report shall be mailed to the applicant, shall be made
available to such other persons who request a copy and shall be filed with the
Hearings Body.
D. Oral or written modifications and additions to the staff report shall be allowed
prior to or at the hearing.
FINDING: A hearing date is set before the Hearings Officer and a staff report was completed seven
days prior to the May 10, 2022 hearing date. A copy of the staff report was mailed to the Applicant,
sent to the Hearings Officer, and was made available to the public as part of the record herein.
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Section 22.24.020 Hearings Body
A. The following shall serve as the hearings body:
1. Hearings Officer.
2. Planning Commission, as specified by DCC 22.24.020(C).
3. Board of County Commissioners, except where an applicable joint
management agreement within an acknowledged urban growth
boundary specifies a city governing body as the final appeals body.
B. The Hearings Body order shall be as set forth in DCC 22.24.020(A), except that the
Board may call up an administrative decision for review without the necessity of
an application going before the Hearings Officer.
C. Where the Hearings Officer declines to hear a matter on the grounds of a conflict
of interest, the Planning Commission shall substitute for the hearings officer. In
the Redmond Urban Area, the initial Hearings Body for a quasi-judicial plan
amendment or zone change may at the discretion of the Planning Director be
either the Planning Commission or the Hearings Officer. Additionally, in the
Redmond Urban Area, the initial Hearings Body for Declaratory Rulings and
revocations of land use approvals may, at the discretion of the Planning Director,
be the Hearings Officer, the Redmond Urban Area Planning Commission or the
Redmond City Council.
FINDING: The Deschutes County Hearings Officer will serve as the initial hearings body for the
application for a quasi-judicial plan amendment. These requirements are met.
Section 22.24.030 Notice of Hearing or Administrative Action
A. Individual Mailed Notice.
1. Except as otherwise provided for herein, notice of a land use application
shall be mailed at least 20 days prior to the hearing for those matters set
for hearing, or within 10 days after receipt of an application for those
matters to be processed administratively with notice. Written notice shall
be sent by mail to the following persons:
a. The applicant.
b. Owners of record of property as shown on the most recent property
tax assessment roll of property located:
1. Within 100 feet of the property that is the subject of the notice
where any part of the subject property is within an urban growth
boundary;
2. Within 250 feet of the property that is the subject of the notice
where the subject property is outside an urban growth boundary
and not within a farm or forest zone, except where greater notice
is required under DCC 22.24.030(A)(4) for structures proposed to
exceed 30 feet in height; or
3. Within 750 feet of the property that is the subject of the notice
where the subject property is within a farm or forest zone, except
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where greater notice is required under DCC 22.24.030(A)(4) for
structures proposed to exceed 30 feet in height.
c. For a solar access or solar shade exception application, only those
owners of record identified in the application as being burdened by
the approval of such an application.
d. The owner of a public use airport if the airport is located within 10,000
feet of the subject property.
e. The tenants of a mobile home park when the application is for the
rezoning of any part or all of a mobile home park.
f. The Planning Commission.
g. Any neighborhood or community organization formally recognized by
the board under criteria established by the Board whose boundaries
include the site.
h. At the discretion of the applicant, the County also shall provide notice
to the Department of Land Conservation and Development.
2. Notwithstanding DCC 22.24.030(A)(1) (b)(1), all owners of property within
250 feet of property that is the subject of a plan amendment application
or zone change application shall receive notice.
3. The failure of a property owner to receive mailed notice shall not
invalidate any land use approval if the Planning Division can show by
affidavit that such notice was given.
4. For structures proposed to exceed 30 feet in height that are located
outside of an urban growth boundary, the area for describing persons
entitled to notice under DCC 22.24.030(A)(1)(b) shall expand outward by a
distance equal to the distance of the initial notice area boundary for
every 30 foot height increment or portion thereof.
B. Posted Notice.
1. Notice of a land use action application for which prior notice procedures
are chosen shall be posted on the subject property for at least 10
continuous days prior to any date set for receipt of comments. Such
notice shall, where practicable, be visible from any adjacent public way.
2. Posted notice of an application for a utility facility line approval shall be
by posting the proposed route at intervals of not less than one-half mile.
The notice shall be posted as close as practicable to, and be visible from,
any public way in the vicinity of the proposed route.
3. Notice of a solar access application shall be posted as near as practicable
to each lot identified in the application.
C. Published Notice. In addition to notice by mail and posting, notice of an initial
hearing shall be published in a newspaper of general circulation in the County
at least 20 days prior to the hearing.
D. Media Notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Individual mailed notice, posted notice, published notice and media notice of the
application and the initial public hearing before the Hearings Officer were provided consistent with
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these requirements. Specifically, notice was provided to owners of record of property as shown on
the most recent property tax assessment roll of property located within 250 feet of the subject
property.
Section 22.24.040 Contents of Notice
A. All mailed notices of a land use action hearing shall:
1. Describe the nature of the applicant's request and the nature of the
proposed uses that could be authorized.
2. List the criteria from the zoning ordinance and the plan applicable to the
application at issue.
3. Set forth the street address or easily understood geographical reference
to the subject property.
4. State the date, time and location of any hearing or date by which written
comments must be received.
5. State that any person may comment in writing and include a general
explanation of the requirements for submission of testimony and the
procedures for conduct of testimony, including, but not limited to, a
party's right to request a continuance or to have the record held open.
6. If a hearing is to be held, state that any interested person may appear.
7. State that failure to raise an issue in person at a hearing or in writing
precludes appeal by that person to the Land Use Board of Appeals (LUBA),
and that failure to provide statements or evidence sufficient to afford the
decision-maker an opportunity to respond to the issue precludes appeal
to LUBA based on that issue.
8. State the name of a county representative to contact and the telephone
number where additional information may be obtained.
9. State that a copy of the application, all documents and evidence
submitted by or on behalf of the applicant and applicable criteria are
available for inspection at no cost and will be provided at reasonable
cost.
10. State that a copy of the staff report will be available for inspection at no
cost at least seven days prior to the hearing and will be provided at
reasonable cost.
11. All mailed notices shall contain the following statement: NOTICE TO
MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215
REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE
FORWARDED TO THE PURCHASER.
B. All mailed and published notices for hearings shall contain a statement that
recipients may request a copy of the staff report.
C. All mailed and published notices concerning applications necessitating an
exception to one of the statewide land use planning goals shall state that a goal
exception is proposed and shall summarize the issues in an understandable
manner.
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FINDING: Mailed notices of the initial hearing before the Hearings Officer on the application contain
all required information set forth above. The application does not necessitate an exception to any
of the statewide land use planning goals.
Chapter 22.28, Land Use Action Decisions
Section 22.28.030 Decision on Plan Amendments and Zone Changes.
A. Except as set forth herein, the Hearings Officer or the Planning Commission when
acting as the Hearings Body shall have authority to make decisions on all quasi-
judicial zone changes and plan amendments. Prior to becoming effective, all quasi-
judicial plan amendments and zone changes shall be adopted by the Board of
County Commissioners.
B. In considering all quasi-judicial zone changes and those quasi-judicial plan
amendments on which the Hearings Officer has authority to make a decision, the
Board of County Commissioners shall, in the absence of an appeal or review
initiated by the Board, adopt the Hearings Officer's decision. No argument or further
testimony will be taken by the Board.
C. Plan amendments and zone changes requiring an exception to the goals or
concerning lands designated for forest or agricultural 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 or Planning Commission.
Such hearing before the Board shall otherwise be subject to the same procedures as
an appeal to the Board under DCC Title 22.
D. Notwithstanding DCC 22.28.030(C), when a plan amendment subject to a DCC
22.28.030(C) hearing before the Board of County Commissioners has been
consolidated for hearing before the hearings Officer with a zone change or other
permit application not requiring a hearing before the board under DCC 22.28.030(C),
any party wishing to obtain review of the Hearings Officer's decision on any of those
other applications shall file an appeal. The plan amendment shall be heard by the
Board consolidated with the appeal of those other applications
FINDING: The Deschutes County Hearings Officer has authority to make a decision on the quasi-
judicial plan amendment application. Prior to becoming effective, the quasi-judicial plan
amendment decision shall be adopted by the Board of County Commissioners.
Title 19A of the Deschutes County Code, Bend Urbanizable Area District
Section 19A.01.010. Purpose, Applicability and Definitions
A. Purpose. The Urbanizable Area (UA) District is intended to preserve large areas of
undeveloped or rural land for future urban development prior to annexation. The
UA District promotes the livability, stability, safety and improvement of the City of
Bend by allowing orderly development consistent with the Bend Comprehensive
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Plan.
B. Applicability. The provisions of the UA District apply to all land inside the Urban
Growth Boundary but outside the city limits, except for the land withdrawn from the
City of Bend by the County by City Resolution 2459. The City of Bend is responsible
for administering Title 19A using the Bend Development Code (BDC).
The UA District will automatically be removed upon annexation to the City, and the
zoning that implements the Bend Comprehensive Plan designation for the property
will apply.
FINDING: As set forth above, the Applicant requests a quasi-judicial plan amendment to change the
County Comprehensive Plan map designation of the subject property from Rural Residential
Exception Area to Bend Urban Growth Area, and to expand the City of Bend UGB. The subject
property is within the Multiple Use Agricultural Zone. The subsequent steps to be taken by the City
of Bend for the affordable housing pilot project include annexation of the subject property, and
adoption of plan and zone designations for the property.
Staff finds that DCC 19A.01.010 is a purpose statement, which sets forth a general expression of a
goal or objective to maintain large areas of undeveloped or rural land for future urban development
prior to annexation. See Beck v. City of Tillamook, 20 Or LUBA 178, 185-86 (1990). Staff finds that DCC
19A.01.010 is not an approval criterion for the subject application.
Title 18 of the Deschutes County Code, County Zoning
Chapter 18.32, Multiple Use Agricultural Zone
Section 18.32.010. Purpose
The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of
various areas of the County while permitting development consistent with that character
and with the capacity of the natural resources of the area; to preserve and maintain
agricultural lands not suited to full-time commercial farming for diversified or part-time
agricultural uses; to conserve forest lands for forest uses; to conserve open spaces and
protect natural and scenic resources; to maintain and improve the quality of the air, water
and land resources of the County; to establish standards and procedures for the use of
those lands designated unsuitable for intense development by the Comprehensive Plan,
and to provide for an orderly and efficient transition from rural to urban land use.
FINDING: The Applicant requests a quasi-judicial plan amendment to change the County
Comprehensive Plan map designation of the subject property from Rural Residential Exception Area
to Bend Urban Growth Area to expand the City of Bend UGB. The subject property is within the
Multiple Use Agricultural Zone. The subsequent steps to be taken by the City of Bend for the
affordable housing pilot project include annexation of the subject property, and adoption of plan
and zone designations for the property.
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Staff finds that DCC 18.32.010 is a purpose statement, which sets forth a general expression of a
goal or objective to preserve rural residential and agricultural lands. See Beck v. City of Tillamook, 20
Or LUBA 178, 185-86 (1990). Staff finds that DCC 18.32.010 is not an approval criterion for the
subject application.
Chapter 18.84, Landscape Management Combining Zone
Section 18.84.010. Purpose
The purposes of the Landscape Management Combining Zone are to maintain scenic and
natural resources of the designated areas and to maintain and enhance scenic vistas and
natural landscapes as seen from designated roads, rivers, or streams.
FINDING: Staff finds that DCC 18.84.010 is a purpose statement, which sets forth a general
expression of a goal or objective to maintain scenic and natural resources of certain designated
areas and to maintain and enhance scenic vistas and natural landscapes as seen from designated
roads, rivers, or streams. See Beck v. City of Tillamook, 20 Or LUBA 178, 185-86 (1990). Staff finds that
DCC 18.84.010 is not an approval criterion for the subject application.
Section 18.84.020. Application Of Provisions
The provisions of DCC 18.84 shall apply to all areas within one-fourth mile of roads
identified as landscape management corridors in the Comprehensive Plan and the County
Zoning Map. The provisions of DCC 18.84 shall also apply to all areas within the boundaries
of a State scenic waterway or Federal wild and scenic river corridor and all areas within
660 feet of rivers and streams otherwise identified as landscape management corridors in
the comprehensive plan and the County Zoning Map. The distance specified above shall be
measured horizontally from the center line of designated landscape management
roadways or from the nearest ordinary high water mark of a designated landscape
management river or stream. The limitations in DCC 18.84.20 shall not unduly restrict
accepted agricultural practices.
FINDING: The Applicant requests a quasi-judicial plan amendment to change the County
Comprehensive Plan map designation of the subject property from Rural Residential Exception Area
to Bend Urban Growth Area to expand the City of Bend UGB. The subject property is also currently
within the Landscape Management (LM) Combining Zone. The subsequent steps to be taken by the
City of Bend for the affordable housing pilot project include annexation of the subject property, and
adoption of plan and zone designations for the property.
Staff notes that the current proposal will change the zoning of the subject property from Multiple
Use Agricultural (MUA10), which is administered by Title 18 of the Deschutes County Code, to the
new zoning designation of Urbanizable Area (UA), which is administered by Title 19A of the
Deschutes County Code. Staff finds that Title 19A does not contain a Landscape Management
Combining Zone or similar proportional zoning designation which would apply to the subject
property. Staff finds that once the property’s zoning designation is changed to Urbanizable Area,
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the overlying LM Zone applying to the subject property will be removed as the County Code
governing the LM Zone does not apply within Title 19A areas.
Chapter 18.136, Amendments
Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or
legislative map changes shall be as set forth in DCC 22.12. A request by a property owner
for a quasi-judicial map amendment shall be accomplished by filing an application on
forms provided by the Planning Department and shall be subject to applicable
procedures of DCC Title 22.
FINDING: The Applicant, with authorization from current landowner Porter Kelly Burns
Landholdings LLC, has requested a quasi-judicial plan amendment and zone change. The Applicant
has filed the required Planning Division’s land use application forms for the proposal. The
application will be reviewed utilizing the applicable procedures contained in Title 22 of the
Deschutes County Code.
Section 18.136.020, Rezoning Standards
The applicant for a quasi-judicial rezoning must establish that the public interest is best
served by rezoning the property. Factors to be demonstrated by the applicant are:
E. That the change conforms with the Comprehensive Plan, and the change is
consistent with the plan's introductory statement and goals.
FINDING: The Applicant provided the following response in its submitted burden of proof
statement:
A review of the Deschutes County Comprehensive Plan was included above. As detailed in
that section, the proposal is consistent with the applicable goals and policies of the
Deschutes County Comprehensive Plan, along with the introductory statement. Based upon
the findings and conclusions detailed in section VI.A above, the proposal complies with this
approval criterion.
The Applicant utilizes this analysis to determine and respond to only the Comprehensive Plan Goals
and policies that apply, which are listed in the Comprehensive Plan section of this staff report in
further detail. Staff agrees with the Applicant’s analysis and finds the above provision to be met
based on Comprehensive Plan conformance as demonstrated in subsequent findings.
F. That the change in classification for the subject property is consistent with the
purpose and intent of the proposed zone classification.
FINDING: The Applicant provided the following response in the submitted burden of proof
statement:
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As detailed in DCC 19A.01.010 Purpose, Applicability and Definitions of the UA Zone.
A. Purpose. The Urbanizable Area (UA) District is intended to preserve large areas of
undeveloped or rural land for future urban development prior to annexation. The
UA District promotes the livability, stability, safety and improvement of the City of
Bend by allowing orderly development consistent with the Bend Comprehensive
Plan.
B. Applicability. The provisions of the UA District apply to all land inside the Urban
Growth Boundary but outside the city limits, except for the land withdrawn from
the City of Bend by the County by City Resolution 2459. The City of Bend is
responsible for administering Title 19A using the Bend Development Code (BDC).
The UA District will automatically be removed upon annexation to the City, and
the zoning that implements the Bend Comprehensive Plan designation for the
property will apply.
C. Area and Master Planning. The City has the authority to process Area Plans under
BDC Chapter 4.1, Development Review and Procedures and BDC Chapter 4.6,
Land Use District Map and Text Amendments (Type IV process) and Master Plans
under BDC Chapter 4.5, Master Planning and Alternative Developments and BDC
Chapter 4.6, Land Use District Map and Text Amendments (Type III process) in the
UA District prior to annexation. However, development of the property with the
uses authorized by the Area or Master Plan may only occur after annexation.
D. Definitions. The following definitions apply to DCC Title 19A in addition to the
definitions indefinitions in the BDC.
“Urban Growth Boundary (UGB)” means the urban growth boundary as adopted
by the City and County and acknowledged by the State, as set forth in the Bend
Comprehensive Plan and as shown on the Bend Comprehensive Plan map.
“Urbanizable Area (UA) District” means the unincorporated area inside the Urban
Growth Boundary (UGB) but outside the city limits, except for the land withdrawn
from the City of Bend by the County by City Resolution 2459.
The proposal will change the zone from MUA10 to UA, as it will be situated in the Bend UGB.
The proposed zone change allows efficient development which can utilize the planning
program that has been established between the City and Deschutes County for lands that
are situated within the UGB, but outside of the City Limits. The overall development process
will require Master Plan Approval and Annexation, prior to development. The property,
location, and overall intent of the application is consistent with the purpose and intent of the
UA Zone; thus in conformance with this approval criterion.
Staff finds the Applicant has demonstrated the change in classification is consistent with the
purpose and intent of the UA Zone, as the current proposal is being reviewed concurrently with
another request to expand the Bend UGB to include the subject property. However, staff asks the
Hearings Officer to amend or add to these findings as the Hearings Officer sees fit.
G. That changing the zoning will presently serve the public health, safety and welfare
considering the following factors:
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4. The availability and efficiency of providing necessary public services and
facilities.
FINDING: Although there are no plans to develop the property in its current state, the above
criterion specifically asks if the proposed zone exchange will presently serve public health, safety,
and welfare. The Applicant provides the following response in the submitted burden of proof
statement:
Given the allowed uses in the UA Zone, changing the zone from MUA10 to UA will not result
in any new impacts or necessitate any new public services or facilities. Nonetheless, changing
the zone from MUA10 to UA will allow for the larger development process to begin, it will
provide a path for Master Planning, Annexation and ultimately for development of the
property in the City of Bend, consistent with the Concept Plan. Through the overall
development process, public facilities plans need to provide for the “timely, orderly and
efficient arrangement of public facilities and services to serve as a framework for urban and
rural development.” This requirement is primarily implemented by the City of Bend, which
has adopted public facilities plans and standards.
As documented in Section IV - Findings of Fact of this narrative, the HB 4079 Application
Submittal (Exhibit I), the Avion Water Will Serve Letter (Exhibit K), the City of Bend Sewer
Analysis (Exhibit L) and the Transportation Report, prepared by Transight Consulting (Exhibit
M), the subject property is able to be served by public water, sanitary sewer, and
transportation systems, and the Applicant is committed to making the extensions needed to
provide/extend the noted facilities and services. Once the property brought into the UGB,
the applicant will undertake all required steps to update the TSP, along with the necessary
planning, designing and extending services (as required through the Master Plan,
Annexation, Land Division and Site Plan processes), to accommodate the Concept Plan
(Exhibit G) and the ultimate development of the site. The proposal is consistent with the
current public facilities master plans and it has been shown that the property can be
provided public facilities and services, concurrent with development. The proposal is
therefore consistent with this approval criterion
Neighboring properties to the west are all located inside the Bend UGB and contain a mixture of
single-family residential uses and scattered commercial operations such as plant nurseries.
Neighboring properties to the east predominately contain single-family residences and small scale,
hobby farm and agricultural uses. These parcels have water service primarily from Avion Water
Company and some private wells, on-site sewage disposal systems, electrical service, telephone
services, etc.
The subject property is currently adjacent to two major public rights of way: Highway 20 to the north,
which is maintained by the Oregon Department of Transportation, and Bear Creek Road to the
south, which is maintained by the Deschutes County Road Department. There are no known
deficiencies in public services or facilities that would negatively impact public health, safety, or
welfare. Prior to development of the properties, the Applicant would be required to comply with the
applicable requirements of the City of Bend Development Code, including possible land use
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permitting, building permitting, and sewage disposal permitting processes. Through these
development review processes, assurance of adequate public services and facilities will be verified.
Staff finds this provision is met.
5. The impacts on surrounding land use will be consistent with the specific goals
and policies contained within the Comprehensive Plan.
FINDING: The Applicant provides the following response in the submitted burden of proof
statement:
Changing the zoning from MUA 10 to UA will not change the use of the land or generate any
new impacts that may be experience by surrounding lands. Furthermore, if and when
development occurs on the property (after Master Planning, Annexation, Land Division and
Site Plan, as needed) the project’s impacts on surrounding properties will be consistent with
the goals and policies of the Deschutes County Comprehensive Plan and the City of Bend
Comprehensive Plan. All applicable Deschutes County Comprehensive Plan Goals and
Policies were address in section VI.A above and as detailed therein the application complies
with the applicable Comprehensive Plan elements. Therefore the proposal complies with this
approval criterion.
In addition to these comments, the Applicant has provided specific findings for each relevant
Comprehensive Plan goal and policy, which are addressed below. Staff finds the Applicant has
demonstrated the impacts on surrounding land uses will be consistent with the specific goals and
policies contained within the Comprehensive Plan, but asks the Hearings Officer to amend or add
to these findings as the Hearings Officer sees fit.
H. That there has been a change in circumstances since the property was last zoned,
or a mistake was made in the zoning of the property in question.
FINDING: The Applicant is proposing to rezone the properties from MUA10 to Urbanizable Area
(UA) and re-designate the properties from Rural Residential Exception Area to Bend Urban Growth
Area. The Applicant has provided the following response in the submitted burden of proof
statement:
Throughout the adoption and roll-out of the HB 4079 project, the state documented that a
high number of Oregonians, particularly low income Oregonians, were paying more than
30% of their income on housing. Amongst the challenging housing environment, Oregon
State Legislators passed 4 housing bills in 2016:
HB 4079 Affordable Housing Pilot Project
HB 4143 Tenant protections
SB 1533 Inclusionary zoning and construction excise tax
SB 1573 Limit voter approval of city annexations
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The premise of the HB 4079 Affordable Housing Pilot Project is to understand potential
impacts, if UGB rules are relaxed, and if relaxing the rules will bring in land (to the UGB) that
would not otherwise be urbanized, and if the lower cost of such land will allow a set-aside
for affordable housing to become feasible.
The passing of HB 4079, the adoption of the implementing rules in OAR 660-039, and the
selection of the City of Bend (and the subject property) all constitute changes that have
occurred since the property was last zoned MUA10. The noted changes justify the zone
change from MUA10 to UA.
Considering the Applicant’s above response, staff notes that the passage of HB 4079 and the
selection of the subject property for an affordable housing pilot project constitutes a notable change
in circumstances since the property was last zoned. However, staff asks the Hearings Officer to
amend or add to these findings as the Hearings Officer sees fit.
Title 23 of the Deschutes County Code, Comprehensive Plan
Chapter 1, Comprehensive Planning
Section 1.3, Land Use Planning
Goal 1. Maintain an open and public land use process in which decisions are based on the
objective evaluation of facts.
FINDING: This proposal was developed specifically in response to the State of Oregon’s request for
affordable housing pilot projects to address this critical Central Oregon issue. The 2016 House Bill
4079 (HB 4079) and the 2019 HB 2336 allowed two selected cities to add new housing units outside
of their current UGBs. The resulting statute and implementing administrative rule (OAR 660-039)
were themselves created via a public process. The review of Bend’s proposal and subsequent
approval by the Land Conservation and Development Commission (LCDC) was based on an
objective review of the facts pertaining to state goals and administrative rules. The subsequent land
use application to the County for the plan amendment includes public notice as required by County
code to property owners, private and public agencies, and culminates in two public hearings. The
Applicant’s burden of proof addresses the factual base of state and local requirements for decisions
related to plan amendments. The burden of proof also addresses City of Bend requirements for the
next steps regarding the future application of Bend’s development code, and development of the
site to accommodate 347 residential units. As presently proposed, approximately 30% of the units
will be affordable housing (households making 80% or less of the County’s Area Median Income
(AMI) of $68,9731). In summary, at every step at the state and the local level the proposed
development of the subject property was the result of an open and public process.
1 https://www.census.gov/quickfacts/fact/table/deschutescountyoregon/PST045221
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Goal 2. Promote regional cooperation and partnerships on planning issues.
FINDING: As noted above, this proposal for a Plan Amendment, Zone Change, and UGB amendment
was developed as a specific response to the state’s request for pilot projects for affordable housing.
The City of Bend and Deschutes County have extensively coordinated on the resulting land use
application for the subject property. The subject application for a County Plan Amendment and
Zone Change is being processed concurrently with a City of Bend proposal for a UGB expansion to
encompass the parcel. Staff finds that the proposal promotes regional cooperation and
partnerships between Deschutes County and the City of Bend.
Chapter 2, Resource Management
Section 2.2, Agricultural Lands Policies
FINDING: The subject property is currently designated Rural Residential Exception Area and thus
the proposal does not impact any designated agricultural land. Staff finds the provisions of this
section are not applicable.
Section 2.3 Forests
FINDING: Staff finds the provisions of this section do not apply as the subject property is not located
in a forest zone or on land designated as Forest on the Comprehensive Plan map.
Section 2.4, Goal 5 Overview Policies
Goal 1. Protect Goal 5 resources
FINDING: The Applicant has provided the following response in the submitted burden of proof
statement:
This section provides background information of Goal 5 resources in Deschutes County and
establishes methods for preservation and protection of such resources. As noted in the City
of Bend Resolution 3271 (Exhibit H), the subject property contains 2 water storage ponds
that may be Goal 5 resources and/or potential wetlands.
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The current submittal is for UGB Expansion, a RM Bend Comprehensive Plan designation,
and a Zone Change from MUA 10 to UA, that will ultimately accommodate the Concept Plan
(Exhibit G). The Concept Plan provides a park in the areas of the potential Goals 5 Resource
(wherein the resource could be preserved, if needed) and the City has found that the
forthcoming City of Bend review procedures will ensure compliance with Goal 5, thus the
proposal and subsequent review process will provide consistency with intent of this section.
Staff notes that based on the National, Local, and State Wetland maps, the subject property contains
several areas of jurisdictional wetlands, primarily in the western and southern portions of the
property that are associated with irrigation lines and storage ponds. As part of the current proposal,
Deschutes County has notified the Oregon Department of State Lands (DSL) concerning the
proposed Plan Amendment and Zone Change. At the time of this staff report, DSL has not provided
any comments on the Applicant’s proposal.
Ultimately, staff finds that no specific physical development of the property is being proposed as
part of the Plan Amendment and Zone Change and thus no impacts to designated wetland areas or
other Goal 5 resources are expected under the current proposal. Additionally, staff finds that any
physical development of the subject property will be undertaken after the parcel has been annexed
into the City of Bend. All development proposals will be reviewed under City of Bend codes and
procedures, in addition to coordination with relevant state agencies such as DSL. Staff agrees with
the Applicant’s contention that any future City of Bend review procedures will ensure protection of
any Goal 5 resources located onsite. However, staff asks the Hearings Officer to amend or add to
these findings as the Hearings Officer sees fit.
Section 2.5, Water Resources Policies
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FINDING: The Applicant has provided the following response in the submitted burden of proof
statement:
This section provide background information of Goal 5 Water Resources in Deschutes County
and establishes methods for preservation and protection. As noted above and in the City of
Bend Resolution 3721 (Exhibit H), the subject property contains 2 water storage ponds that
may be Goal 5 Water Resources and/or potential wetlands.
The current submittal is for UGB Expansion, a RM Bend Comprehensive Plan designation,
and a Zone Change from MUA 10 to UA, that will ultimately accommodate the Concept Plan
(Exhibit G). The Concept Plan provides a park in the areas of the potential Goals 5 Resource
(wherein the resource could be preserved, if needed) and the City has found that the
forthcoming City of Bend review procedures will ensure compliance with Goal 5, thus the
proposal and subsequent review process will provide consistency with intent of this section.
Staff notes no sensitive riparian areas or major water resources are located in the immediate area.
However, based on the National, Local, and State Wetland maps, the subject property contains
several areas of jurisdictional wetlands, primarily in the western and southern portions of the
property that are associated with irrigation lines and storage ponds. As noted above, Deschutes
County has notified the Oregon Department of State Lands (DSL) concerning the proposed Plan
Amendment and Zone Change. At the time of this staff report, DSL has not provided any comments
on the Applicant’s proposal.
Ultimately, staff finds that no specific physical development of the property is being proposed as
part of the Plan Amendment and Zone Change and thus no impacts to water resources are expected
under the current proposal. Additionally, staff finds that any physical development of the subject
property will be undertaken after the parcel has been annexed into the City of Bend. All
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development proposals will be reviewed under City of Bend codes and procedures, in addition to
coordination with relevant state agencies such as DSL. Staff agrees with the Applicant’s contention
that any future City of Bend review procedures will ensure protection of any water resources located
onsite. However, staff asks the Hearings Officer to amend or add to these findings as the Hearings
Officer sees fit.
Section 2.6, Wildlife
FINDING: There are no Goal 5-listed wildlife species present on the subject property, based on the
Goal 5 inventory nor threatened or endangered species. There is no identified wildlife habitat on
the subject property.
Section 2.7, Open Spaces, Scenic Views and Sites
Goal 1. Coordinate with property owners to ensure protection of significant open spaces and
scenic views and sites.
FINDING: The site is not zoned Open Space and Conservation (OS&C). However, staff notes that
the subject property is located within a designated Landscape Management Combining Zone
associated with Highway 20. Pursuant to DCC 18.84, the purpose of the Landscape Management
Combining Zone is to “maintain scenic and natural resources of the designated areas and to
maintain and enhance scenic vistas and natural landscapes as seen from designated roads, rivers,
or streams.” However, staff finds that this policy does not apply as at the time of development the
property will be under the City of Bend’s land use authority and subject to the City’s relevant open
space and scenic view development criteria. However, staff asks the Hearings Officer to amend or
add to these findings as the Hearings Officer sees fit.
Policy 2.7.1 Goal 5 open spaces, scenic views and sites inventories, ESEEs and programs are
retained and not repealed.
FINDING: As stated above, the site is not zoned OS&C. However, staff notes that the subject
property is located within a designated Landscape Management Combining Zone associated with
Highway 20. Pursuant to DCC 18.84, the purpose of the Landscape Management Combining Zone
is to “maintain scenic and natural resources of the designated areas and to maintain and enhance
scenic vistas and natural landscapes as seen from designated roads, rivers, or streams.” However,
staff finds that this policy does not apply as at the time of development the property will be under
the City of Bend’s land use authority and subject to the City’s relevant open space and scenic view
development criteria. However, staff asks the Hearings Officer to amend or add to these findings as
the Hearings Officer sees fit.
Policy 2.7.2 Cooperate with stakeholders to establish a comprehensive system of connected
open spaces.
FINDING: As stated above, the site is not zoned OS&C. Staff also notes that there are no OS&C
zoned properties or other open space resources in the immediate vicinity of the subject property.
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Despite the lack of adjacent open space resources in the area, within the Concept Plan submitted
as part of the application materials, the Applicant has identified a dedicated park in certain areas of
the subject property, predominately in the southwestern quadrant. However, staff finds that this
policy does not apply as at the time of development the property will be under the City of Bend’s
land use authority and subject to the City’s relevant open space development criteria. However, staff
asks the Hearings Officer to amend or add to these findings as the Hearings Officer sees fit.
Policy 2.7.3 Support efforts to identify and protect significant open spaces and visually
important areas including those that provide a visual separation between communities such
as the open spaces of Bend and Redmond or lands that are visually prominent.
FINDING: As stated above, the site is not zoned OS&C. However, staff notes that the subject
property is located within a designated Landscape Management Combining Zone associated with
Highway 20. Pursuant to DCC 18.84, the purpose of the Landscape Management Combining Zone
is to “maintain scenic and natural resources of the designated areas and to maintain and enhance
scenic vistas and natural landscapes as seen from designated roads, rivers, or streams.”
Nonetheless, neither the applicant nor staff is aware of any significant open spaces or visually
prominent areas on the subject parcel. However, staff asks the Hearings Officer to amend or add
to these findings as the Hearings Officer sees fit.
Policy 2.7.4 Encourage a variety of approaches that protect significant open spaces and scenic
views and sites.
FINDING: As noted above, the subject property does not contain significant open or scenic views
and sites. Nevertheless, through specific development of the site the City of Bend can protect open
spaces as well as scenic views and sites. The City’s Comprehensive Plan requires identification and
preservation of significant open space areas and natural features where possible. Staff finds that
the proposal meets these policies. Nonetheless, neither the Applicant nor staff is aware of any
significant open spaces or visually prominent areas on the subject parcel. However, staff asks the
Hearings Officer to amend or add to these findings as the Hearings Officer sees fit.
Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites.
FINDING: The plan amendment does not approve any development at this time. Staff finds the
policy does not apply to the subject proposal. However, when the City annexes the land into the
UGB and applies residential zoning to the subject parcel, the City’s code will address sites for
consistency with local code requirements. Staff finds Policy 2.7.5 does not apply as it pertains to a
review of County code, which is the not the topic of this application. However, staff asks the Hearings
Officer to amend or add to these findings as the Hearings Officer sees fit.
Section 2.8 Energy Policies
Goal 1. Promote energy conservation.
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Goal 2. Promote affordable, efficient, reliable and environmentally sound energy systems for
individual home and business consumers.
Goal 3. Promote affordable, efficient, reliable and environmentally sound commercial energy
facilities.
FINDING: The Applicant has provided the following response in the submitted burden of proof
statement:
While none of the Goals or Policies of this section are relevant to the current review, the
Background of this section notes:
A prime method of managing land for energy conservation is to design communities to be compact
and walkable, so as to limit the need for automobiles and conserve fossil fuel. For a rural county,
these types of transportation related energy savings are limited. Instead the County can focus on
other conservation measures.
The proposal provides 35.52 acres of land that are intended for urban residential
development. The proposed UGB Expansion, associated Comprehensive Plan Map
Amendment and Zone Change will locate much needed urban land for residential
development in a location that has been vetted by the State (LCDC – Exhibit J) and the City of
Bend (Exhibit I). As detailed in the HB 4079 Application, factors that were considered when
selecting the HB 4079 site included ability to extend water, sewer, and transportation
systems to the area, along with transit availability. The site abuts the Bend UGB, and the
Concept Plan includes a park, pedestrian facilities, multi-use paths and a transit stop.
Through subsequent review processes (Master Plan, Annexation, Land Division and Site Plan)
the proposed project will facilitate a compact development design and manage land for
energy conservation, which is consistent with this section.
The application does not result in any immediate development, so staff finds these goals and their
policies do not apply to the proposed Plan Amendment and Zone Change request. However, the
Concept Plan submitted as part of the application materials includes a variety of residential
densities, which staff notes are likely result in increased energy conservation. Additionally, Bend’s
Affordable Housing Pilot Project submittal to the state included emphasis on pedestrian facilities
and transit, measures which will result in energy conservation by reduced use of single-occupant
vehicles. The City of Bend’s development code addresses many of these issues, which will be the
applicable code when the site develops.
Section 2.9 Environmental Quality
Goal 1. Maintain and improve the quality of the air, water and land.
Goal 2. Promote sustainable building practices that minimize the impacts on the natural
environment.
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Goal 3. Encourage and increase recycling
FINDING: The application will not result in immediate development. Staff finds these goals and their
policies do not apply to the proposed Plan Amendment and Zone Change request. The City of Bend
development code will provide the review criteria when the subject property develops.
Section 2.10 Surface Mining
FINDING: Staff finds this goal does not apply as the land is not designated SM for either the
Comprehensive Plan map or the zoning code. The subject property contains no Goal 5 aggregate or
mineral resources based on a staff review of Section 5.8 of the Comprehensive Plan. The plan
amendment does not seek to modify or amend the County’s Goal 5 Aggregate and Mineral inventory
list or the Goal 5 program.
Section 2.11 Cultural and Historic Resources
Finding: Staff finds this goal does not apply as the subject property does not contain any sites listed
in the Goal 5 inventory of cultural and historic resources based on a review of Section 5.9 of the
Comprehensive Plan. The plan amendment does not seek to modify or amend the County’s Goal 5
Cultural and Historic Resources Inventory nor does it seek to amend the County’s Goal 5 program.
Chapter 3, Rural Growth Management
Section 3.3, Rural Housing Policies
Goal 1. Maintain the rural character and safety of housing in unincorporated Deschutes
County.
FINDING: The Applicant has provided the following response in the submitted burden of proof
statement:
The property is currently designated Rural Residential Exception Area and zoned MUA10.
The text of this section and the resultant policies focus on the important balance between
protecting rural values and protecting property rights; establishing that too much
development can lead to the destruction of the qualities that bring people to Deschutes
County, while too many restrictions keep out people who would choose a rural lifestyle.
The current proposal impacts 35.52 acres of land in a Rural Residential Exception Area, it will
place the property in the Bend UGB, with a UGB County Comprehensive Plan designation,
and a RM Bend Comprehensive Plan designation, and rezone it from MUA10 to UA; the
proposal will ultimately allow for urban residential development. The current Bend UGB lies
on the west side of the subject property and, with this proposal, the line will move east
approximately 1,300 feet. Given that the proposal will change the zone from MUA10 to UA,
it will maintain a rural residential nature until the property is annexed into the City; therefore
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the majority of the policies of this section do not apply to the current proposal. The relevant
policies are noted below:
Goal 2 Support agencies and non-profits that provide affordable housing.
Policy 3.3.6 Support Central Oregon Regional Housing Authority and other
stakeholders to meet the housing needs of all Deschutes County residents.
a. Assist as needed in coordinating and implementing housing assistance
programs.
b. Support efforts to provide affordable and workforce housing in urban growth
boundaries and unincorporated communities.
Response: The current proposal is an effort that was directed by the City of Bend, it was
supported by Deschutes County (attachment to the HB 4079 Application – Exhibit I), and it
has been authorized by LCDC (Exhibit J). The developer, City, County and DLCD are all
stakeholders with an interest in meeting housing needs for Deschutes County residents. The
HB 4079 Affordable Housing Pilot Project is intended to address affordable housing and it
will provide affordable housing opportunities in the Bend UGB. Pursuant to the text of these
policies, the proposal should be supported by Deschutes County.
Staff finds this application will not adversely impact the rural character and safety of housing in
unincorporated Deschutes County, as the proposal is to change the Comprehensive Plan
designation from RREA to Bend Urban Growth Area. There are County-zoned lands on three sides
of the subject parcel. To the east and southeast are MUA10 zoned parcels containing single-family
homes on parcels ranging from 1.7 to 34.5 acres. Portions of land to the north, south, and southwest
are EFU zoned parcels predominately developed with single-family dwellings and minor hobby
farming operations. The proposal will maintain a similar urban-rural buffer as what presently exists
on site, but will move the City’s UGB approximately 1,300 feet further east. Finally, staff finds this
goal is ultimately not applicable as no specific development is proposed at this point, but if it were
the requirements of Bend’s development code will protect the rural character and safety of existing
adjacent rural housing.
Policy 3.3.1 Except for parcels in the Westside Transect Zone, the minimum parcel size for new
rural residential shall be 10 acres.
FINDING: The application will not create any new rural residential parcels. Any subsequent land
division will occur under City of Bend development code. Staff finds this policy does not apply.
Policy 3.3.2 Incorporate farm and forest housing reports into a wider system for tracking the
cumulative effects of rural housing development.
FINDING: The application will not result in any new rural housing developments. Any housing
development will occur based on City of Bend development code. Staff finds this policy does not
apply.
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Policy 3.3.4 Encourage new subdivisions to incorporate alternative development patterns, such
as cluster developments, that mitigate community and environmental impacts.
FINDING: The plan amendment will not result in any new subdivisions under County code. Instead,
development will occur under City of Bend development code once annexation occurs. However,
the Urban Area zoning designation and the corresponding City of Bend development code
standards will result in a denser urban development pattern, which complements greater
pedestrian travel and use of transit, both of which mitigate community and environmental impacts.
Ultimately however, staff finds this policy does not apply to the proposed Plan Amendment and
Zone Change request.
Policy 3.3.5 Maintain the rural character of the County while ensuring a diversity of housing
opportunities, including initiating discussions to amend State Statute and/or Oregon
Administrative Rule to permit accessory dwelling units in the Exclusive Farm Use, Forest and
Rural Residential zones.
FINDING: The plan amendment is a required step under OAR 660-039 to allow qualifying cities to
develop affordable housing on lands without having to go through the UGB expansion process of
OAR 660-024. The resulting development, once annexed, will be reviewed under the City of Bend
development code. However, Bend’s Affordable Housing Pilot Project submittal to the state contains
a diversity of housing opportunities. Staff finds this policy does not apply to the proposed Plan
Amendment and Zone Change request, but the pilot project for affordable housing is consistent
with the policy.
Goal 2. Support agencies and non-profits that provide affordable housing.
FINDING: The Board of County Commissioners provided Resolution of Support 2018-029 on June
18, 2018, to the City of Bend’s application to the State’s request for pilot projects for affordable
housing. Staff finds this goal is met.
Policy 3.3.6 Support Central Oregon Regional Housing Authority and other stakeholders to
meet the housing needs of all Deschutes County residents.
a. Assist as needed in coordinating and implementing housing assistance programs.
b. Support efforts to provide affordable and workforce housing in urban growth
boundaries and unincorporated communities.
FINDING: The City of Bend is a stakeholder to meet the needs of all Deschutes County residents as
those living in cities are still County residents. The Board’s passing of Resolution 2018-029 (“A
Resolution of Support for the City of Bend’s Application for a Pilot Program for Urban Growth
Boundary expansion for Affordable Housing under HB 4079”) supports efforts to provide affordable
housing for County residents. Staff finds this policy is met.
Policy 3.3.7 Utilize block grants and other funding to assist in providing and maintaining low
and moderate income housing.
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FINDING: The pilot project requires that 30% of the housing units be affordable. Based on the
submitted application materials, the Applicant states that upon completion the project will result in
347 total dwelling units, with 108 slated for affordable housing. After completion, approximately
31% of the proposed dwelling units will be utilized for affordable housing. Staff finds the intent of
this policy has been met.
The remaining policies (3.3.8 through 3.3.9.7) concern the Westside Transect on the west side of
Bend and are not applicable.
Section 3.4, Rural Economy Policies
Goal 1. Maintain a stable and sustainable rural economy, compatible with rural lifestyles and
a healthy environment.
FINDING: The plan amendment will change the Comprehensive Plan designation from Rural
Residential Exception Area (RREA) to a Bend Urban Growth Area. By definition the subject parcel will
no longer be intended for rural uses. The subject parcel adjoins rural parcels zoned EFU-TRB and
MUA10. The County zones allow rural economic activities and these will still be allowed on
surrounding properties after the plan amendment. The Bend development code’s requirements for
screening, buffering, and landscaping will ensure development of the subject property will be
compatible with the surrounding rural parcels. In fact, development of 347 residential units could
provide a market of potential customers within close proximity to the rural economic uses allowed
in the County-zoned lands. For example, EFU zoning allows for wineries and agri-tourism in certain
locations, while MUA10 zoning allows for home occupations and certain commercial agricultural
uses.
The remaining polices (3.4.1 through 3.4.35) concern either uses not occurring on the subject parcel
currently or are inapplicable as the parcel is zoned MUA10 and not Rural Commercial (RC) or Rural
Industrial (RI).
Section 3.5, Natural Hazards
Goal 1. Protect people, property, infrastructure, the economy, and the environment from
natural hazards.
FINDING: The Comprehensive Plan lists the three-highest priorities for natural hazards as wildfire,
severe winter storms, and flooding. The subject parcel is currently developed with a single-family
dwelling and scattered residential accessory structures. Post-annexation, the subject parcel will be
in the City of Bend, which will provide fire protection through its Fire and Rescue Department and
snow removal through its Streets and Operations Division. Additional road maintenance will
continue to be provided along Highway 20 by the Oregon Department of Transportation. The
subject parcel does not contain any lands designated floodplain or floodway. Drainage and storm
water will be addressed as part of the master plan development. Staff finds this goal is met.
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The remaining policies (3.5.1 through 3.5.11) are specific to rural properties, which the subject
property will no longer be should the plan amendment be approved. Staff finds the remaining
policies are inapplicable.
Section 3.6, Public Facilities and Services
Goal 1. Support the orderly, efficient and cost-effective siting of rural public facilities and
services.
FINDING: The Applicant notes the site will be annexed into the City of Bend and provided with
municipal facilities and services which are operated and maintained by the City as well as Avion
Water Company. Staff agrees and finds this Goal is inapplicable as there will be no rural public
facilities and services if annexation to the City of Bend is approved.
Section 3.7, Transportation
FINDING: The Applicant notes the site will be annexed into the City of Bend and provided with City
transportation facilities and services, with some transportation access provided via Highway 20 by
the Oregon Department of Transportation. Under the Joint Area Management Agreement between
City of Bend and Deschutes County, jurisdictional transfer of roads are accomplished as part of
annexation. The site is currently served by Bear Creek Road (a County designated rural collector
right of way) to the south and Highway 20 to the north (a state designated primary highway).
Adequacy of current and future transportation facilities will be reviewed per the Bend development
code as the land is proposed to develop. Finally, OAR 660-039-0030(1)(c) exempts affordable
housing pilot projects from the OAR 660-012, the Transportation Planning Rule (TPR). Staff finds this
goal is met.
Section 3.8, Rural Recreation
Goal 1. Promote a variety of passive and active park and recreation opportunities through a
regional system that includes federal and state parks and local park districts.
FINDING: The Bend Park and Recreation District, which includes the subject property, has a
Comprehensive Plan adopted as of July 2018 which identifies various parks and/or public spaces
throughout the district. Additionally, the subject parcel will remain in relatively close proximity to
the Big Sky Park located approximately 0.85 miles northeast of the subject property within the rural
County. The subject property will also be located in close proximity to scattered, smaller recreation
sites identified by the Bend Park and Recreation District just west of the property within the City of
Bend UGB.
Policy 3.8.1 Cooperate with public agencies and local park districts to provide park and
recreation lands, facilities, and opportunities.
a. The Statewide Comprehensive Outdoor Recreation Plan and State Park Master Plans
shall serve as a basis for coordination on County-wide park and recreation issues.
b. Support exceptions to Statewide Planning Goals for urban fringe areas owned or
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acquired by and operated by park and recreation districts.
FINDING: Staff notes OAR 660-039-030 exempts the approved affordable housing pilot project from
obtaining a goal exception for several Statewide Planning Goals, including Goal 3 (Agriculture). Staff
finds this policy is met.
The remaining policies (3.8.2 through 3.8.10) pertain to rural County lands, which the subject
property will no longer be should the plan amendment be approved. Staff finds the policies are
inapplicable.
Section 3.9, Destination Resorts
FINDING: These goals and policies do not apply as the subject property does not have a Destination
Resort Overlay zone on it nor is the plan amendment at hand for a destination resort.
Section 3.10, Area Specific Plans and Policies
FINDING: Three areas have been identified for area specific plans or policies: South County,
Deschutes Junction, and the Oregon Military site. There are no specific area plans that apply to the
subject property.
Chapter 4, Urban Growth Management
Section 4.2, Urbanization Policies
Goal 1. Coordinate with cities, special districts and stakeholders to support urban growth
boundaries and urban reserve areas that provide an orderly and efficient transition between
urban and rural lands.
FINDING: The Applicant’s proposal is uniquely applicable to Urban Growth Management Goal 1 in
that it is the direct outcome of the State’s pilot program for affordable housing. As the Applicant
states, HB 4079, which established the pilot program, was a result of cooperation between cities,
counties, stakeholders and affordable housing advocates, and the Legislature. As acknowledged by
County Resolution 2018-029, the City of Bend and Deschutes County coordinated on choosing the
subject parcel for the future affordable housing project as well as the application to the State to be
considered for the selection to the pilot program.
The Applicant summarizes the coordination process as follows:
The City and the County have established a process and agreements to effectively administer
lands that are within the Bend UGB, but outside of the City limits. The proposal to expand the
Bend UGB, designate the property RM on the Bend Comprehensive Plan, and rezone it to UA,
will allow for an efficient review and coordination of this and future land use application,
because with the UA Zone it will use the same process that has been established for all lands in
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the recently approved Bend expansion areas. The proposed plan and design is consistent with
these policies.
Staff finds the application is consistent with this policy.
Policy 4.2.1. Participate in the processes initiated by cities in Deschutes County to create
and/or amend their urban growth boundaries.
FINDING: Deschutes County has participated in each phase of the Affordable Housing Pilot
program at both the Board and the staff levels. Participation has included, but is not limited to,
identifying the appropriate site, passing Board Resolution 2018-029 supporting the City’s application
to the pilot program, reviewing subsequent materials related to adjusting the City’s UGB and
amending the County’s Comprehensive Plan. Staff finds the application is consistent with this policy.
Policy 4.2.2. Promote and coordinate the use of urban reserve areas.
FINDING: Staff finds the subject parcel is not identified as a Bend Urban Reserve Area. However,
the property is directly adjacent to the City of Bend’s UGB as well as several other parcels to the
north and south which are located within a Bend Urban Reserve Area. While not specifically
designated as an Urban Reserve Area, staff finds this property serves a similar purpose given its
proximity to existing infrastructure and urban development patterns along its western boundary.
The Comprehensive Plan amendment to Bend Urban Growth Area and subsequent development
would be the result of promotion of the site as a candidate for HB 4079 and coordination between
the City of Bend and Deschutes County. Staff finds the application is consistent with this policy.
Goal 2. Coordinate with cities, special districts and stakeholders on urban growth area zoning
for lands inside urban growth boundaries but outside city boundaries.
Goal 3. Coordinate with cities, special districts and stakeholders on policies and zoning for
lands outside urban growth boundaries but inside urban reserve areas.
FINDING: The above goals will not be applicable to the subject property if the application is
approved. The proposal seeks to bring the subject property into the Bend UGB as well as annex the
property into the City of Bend. Therefore, staff finds that Goals 2 and 3 are not applicable to
properties within city boundaries.
Goal 4. To build a strong and thriving regional economy by coordinating public investments,
policies and regulations to support regional and state economic development objectives in
Central Oregon.
FINDING: The Applicant states this Comprehensive Plan amendment and UGB annexation will
enable a thriving regional economy. The City of Bend and Deschutes County have coordinated on
policies to implement the Affordable Housing Pilot project on the subject parcel. The building of the
347 units, of which the state mandates at least 30 percent must be affordable, will contribute to
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economic development in the region. The presence of affordable housing is a foundation of
economic growth in the region. Staff finds that the proposal is consistent with this Goal.
Staff finds the remaining policies (4.2.12 through 4.2.19) pertain to large-lot industrial development
and are not applicable to this proposal.
OREGON ADMINISTRATIVE RULES CHAPTER 660
LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
OAR 660-015, Division 15, Statewide Planning Goals and Guidelines
Goal 1, Citizen Involvement. To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
FINDING: The proposed Comprehensive Plan amendment and Zone Change complies with the
actions required by the Deschutes County Development Code, including two public hearings—first
with a Hearings Officer, then with the Board of County Commissioners—and notice of the hearing
published in a newspaper (the Bend Bulletin) at least ten days in advance. Public agencies affected
by this amendment were involved throughout the development of the proposal. In accordance with
the Deschutes County Code, property owners potentially affected by the amendment (in this case,
within 250 feet of the subject property) were provided notice of the proposed amendment and
hearing. The published and mailed notices all complied with DCC 22.12.020 requirements.
Goal 2, Land Use Planning. To establish a land use planning process and policy framework as
a basis for all decision and actions related to use of land and to assure an adequate factual
base for such decisions and actions.
FINDING: This proposal satisfies this goal because the applications were handled pursuant to the
procedures applicable to plan amendments in the County's Comprehensive Plan and zoning
ordinance. In addition, the proposal is supported by a factual base consisting of the region’s
economy and the need for affordable housing.
Goal 3, Agricultural Lands. To preserve and maintain agricultural lands.
FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to
comply with Goal 3.
Goal 4, Forest Lands. To conserve forest lands by maintaining the forest land base and to
protect the state’s forest economy by making possible economically efficient forest practices
that assure the continuous growing and harvesting of forest tree species as the leading use on
forest land consistent with sound management of soil, air, water, and fish and wildlife
resources and to provide for recreational opportunities and agriculture.
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FINDING: The subject property does not contain any forest lands and therefore this goal is not
applicable.
Goal 5, Open Spaces, Scenic and Historic Areas and Natural Resources. To protect natural
resources and conserve scenic and historic areas and open spaces.
FINDING: The Applicant’s burden of proof states the following regarding subject property and Goal
5 resources:
The City of Bend conducted an assessment of Goal 5 when selecting the property for the HB
4079 submittal. As established in City of Bend Resolution 3271:
The current submittal is for UGB Expansion, a RM Bend Comprehensive Plan designation,
and a Zone Change from MUA 10 to UA, that will ultimately accommodate the Concept Plan
(Exhibit G). The City has found that the Concept Plan and forthcoming City of Bend review
procedures will ensure compliance with Goal 5, thus the proposal is also consistent with Goal
5
As stated previously, staff notes that based on the National, Local, and State Wetland maps, the
subject property contains several areas of jurisdictional wetlands, primarily in the western and
southern portions of the property that are associated with irrigation lines and storage ponds. As
part of the current proposal, Deschutes County has notified the Oregon Department of State Lands
(DSL) concerning the proposed Plan Amendment and Zone Change. At the time of this staff report,
DSL has not provided any comments on the Applicant’s proposal.
Ultimately, staff finds that no specific physical development of the property is being proposed as
part of the Plan Amendment and Zone Change and thus no impacts to designated wetland areas or
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other Goal 5 resources are expected under the current proposal. Additionally, staff finds that any
physical development of the subject property will be undertaken after the parcel has been annexed
into the City of Bend. All development proposals will be reviewed under City of Bend codes and
procedures, in addition to coordination with relevant state agencies such as DSL. Staff agrees with
the Applicant’s contention that any future City of Bend review procedures will ensure protection of
any Goal 5 resources located onsite. However, staff asks the Hearings Officer to amend or add to
these findings as the Hearings Officer sees fit.
Goal 6, Air, Water and Land Resources Quality. To maintain and improve the quality of the
air, water, and land resources of the state.
FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to
comply with Goal 6.
Goal 7, Areas Subject to Natural Disasters and Hazards. To protect people and property from
natural hazards.
FINDING: The applicant’s burden of proof provides the following:
The City of Bend conducted an assessment of Goal 7 when selecting the property for the
HB 4079 submittal. As established in City of Bend Resolution 3271:
The current proposal is for UGB Expansion, a RM Bend Comprehensive Plan designation,
and a Zone Change from MUA 10 to UA, that will ultimately accommodate the Concept Plan
(Exhibit G). The City has found that the Concept Plan and forthcoming City of Bend review
procedures will ensure compliance with Goal 7, thus the proposal is also consistent with
Goal 7.
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Additionally, staff notes that based on County and FEMA resources, it does not appear any areas
on the site are subject to flooding or landslide activity. Wildfire hazards are not substantially
different from other areas within or adjacent to the Bend UGB, and development of the site could
potentially improve fire protection by providing greater access and water infrastructure. Staff
agrees with the Applicant’s assessment that the inclusion of this site within the UGB is consistent
with Goal 7.
Goal 8, Recreational Needs. To satisfy the recreational needs of the citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to
comply with Goal 8.
Goal 9, Economy of the State. To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens.
FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to
comply with Goal 9.
Goal 10, Housing. To provide for the housing needs of citizens of the state.
FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to
comply with Goal 10.
Goal 11, Public Facilities and Services. To plan and develop a timely, orderly, and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
FINDING: The Applicant’s burden of proof notes under OAR 660-039-0030(1)(d), qualifying cities in
the Affordable Housing Pilot Project are exempt from this goal, except that portion detailing the
impact of the project to existing and planned public facilities within the qualifying city’s UGB. The
Applicant has submitted the following documents demonstrating the subject property can
reasonably be served.
Avion Water Company Will Serve Letter
City of Bend Sewer Analysis
Traffic Study, prepared by Transight Consulting LLC
The referenced traffic study was reviewed by the Senior County Transportation Planner who agreed
with the methodology, assumptions, and conclusions of the transportation analysis. Based on the
submitted documents above, staff finds there is adequate current and future capacity for water,
sewer, and the road network. Staff finds the application is consistent with this goal.
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Goal 12, Transportation. To provide and encourage a safe, convenient and economic
transportation program.
FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to
comply with Goal 12.
Goal 13, Energy Conservation. To conserve energy.
FINDING: OAR 660-039-0030(1)(c) does not require an approved affordable housing pilot project to
comply with Goal 13.
Goal 14, Urbanization. To provide for an orderly and efficient transition from rural to urban
land use, to accommodate urban population and urban employment inside urban growth
boundaries, to ensure efficient use of land, and to provide for livable communities.
FINDING: The Applicant notes that OAR 660-039-0030(1)(b) qualifying cities under the Affordable
Housing Pilot Project are exempt from complying with the Land Need and Boundary Location
provisions of this goal. Still, the proposal has taken into account the concepts of Goal 14 by
acknowledging the subject parcel is directly adjacent to the existing Bend UGB, can be served by a
direct extension of public facilities (or private facilities in the case of Avion Water), and the proposed
use of the land is compatible with adjacent uses. Staff finds the proposal is consistent with this goal.
Goals 15 through 19. Staff finds these goals, which address the Willamette Greenway, estuarine,
coastal, beaches and dunes, and ocean resources, are not applicable to the proposal because the
subject property is not located in or adjacent to any such areas or resources.
OREGON REVISED STATUTES (ORS)
ORS 197.298, Priority of Land to be Included within Urban Growth Boundary
(1) In addition to any requirements established by rule addressing urbanization, land may not
be included within an urban growth boundary of Metro except under the following priorities:
(a) First priority is land that is designated urban reserve land under ORS 195.145 (Urban
reserves), rule or metropolitan service district action plan.
(b) If land under paragraph (a) of this subsection is inadequate to accommodate the
amount of land needed, second priority is land adjacent to an urban growth boundary that
is identified in an acknowledged comprehensive plan as an exception area or nonresource
land. Second priority may include resource land that is completely surrounded by exception
areas unless such resource land is high-value farmland as described in ORS 215.710 (High-
value farmland description for ORS 215.705).
(c) if land under paragraphs (a) and (b) of this subsection is inadequate to accommodate
the amount of land needed, third priority is land designated as marginal land pursuant to
ORS 197.247 (1991 Edition).
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(d) If land under paragraphs (a) to (c) of this subsection is inadequate to accommodate the
amount of land needed, fourth priority is land designated in an acknowledged
comprehensive plan for agriculture or forestry, or both.
FINDING: Staff notes OAR 660-039-0030(1)(a) does not require compliance with this statute. Staff
finds the application is consistent with this statute.
660-039-0090
Subsequent Events
(1) Upon selection by the commission as provided in OAR 660-039-0080(4), the qualifying
city shall:
(a) In concert with the county in which the urban growth boundary is located, amend the
urban growth boundary to include the pilot project site, and identify the provisions of law
and rules pursuant to OAR 660-039-0030 relating to urban growth boundary amendments
that are not applied to allow the pilot project site to be included within the urban growth
boundary;
(b) Annex the pilot project site to the qualifying city within two years of the acknowledged
urban growth boundary amendment;
(c) Adopt plan and zone designations for the pilot project site that authorize development
of the concept plan included in the application;
(d) Adopt measures ensuring that affordable housing developed on the pilot project site
remains affordable for a period of at least 50 years after the selection of the pilot project
site; and
(e) Issue permits for development on the pilot project site only after annexation of the site
to the qualifying city and adoption of measures ensuring that housing developed on the
pilot project site will continue to be used to provide affordable housing for a period of at
least 50 years after the selection of the pilot project site.
FINDING: The City has submitted the appropriate land use application to the County to change the
Comprehensive Plan and Zoning designations for the subject property, as well as an expansion to
the Bend UGB boundary. The City will then initiate a land use application to apply the City of Bend
development codes to develop land uses on the subject parcel consistent with the City’s Affordable
Housing Pilot Program application. Staff finds the application meets the requirements of this
administrative rule.
(2) For a post-acknowledgement plan amendment or land use regulation change under OAR
chapter 660, division 18 that proposes amendments with any effect upon existing
comprehensive plan designations or provisions that impact residential development, or
land use regulations that impact residential development, the qualifying city may not, for
a period of 50 years after approval of the pilot project by the commission, consider the
existence of housing units existing or approved on the pilot project site when making
findings regarding the proposed amendment.
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FINDING: The plan amendment is not being processed under OAR 660-018 so staff finds this
administrative rule is not applicable. Staff notes the City is aware of this implication for subsequent
post-acknowledgement plan amendments.
(3) The qualifying city for the pilot project site selected by the commission may not plan or
zone the site to allow a use or mix of uses not authorized by the commission unless the
qualifying city, in concert with the county, withdraws the pilot project site from the urban
growth boundary and rezones the site pursuant to law, statewide land use planning goals
and land use regulations implementing the goals that regulate allowable uses of land
outside urban growth boundaries.
FINDING: The land use application at hand:
1) Changes the Comprehensive Plan designation from the County’s designation of Rural
Residential Exception Area to the Bend Urban Growth Area and;
2) Amends the Bend UGB boundary to include the subject parcel.
The City will then annex and apply its development code to the subject parcel to implement the
Affordable Housing Pilot Project. Staff finds this administrative rule is met.
IV. CONCLUSION & RECOMMENDATION:
Staff finds that the Applicant has met the burden of proof necessary to justify changing the Plan
Designation of the subject property from Rural Residential Exception Area to Bend Urban Growth
Area, to change the zoning of the subject property from Multiple Use Agricultural (MUA10) to
Urbanizable Area (UA), and to expand the Urban Growth Boundary through effectively
demonstrating compliance with the applicable criteria of DCC Title 18 (Deschutes County Zoning
Ordinance), DCC Title 19A (Bend Urbanizable Area District), the Deschutes County Comprehensive
Plan, and applicable sections of OAR and ORS.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Kyle Collins, Associate Planner
Reviewed by: Will Groves, Planning Manager
Owner Agent InCareOf Address CityStZip Type cdd id
Blackmore Planning and Development Services, LLC 19454 Sunshine Way Bend, OR 97702 Staff Report 22-123-PA, 22-124-ZC
Hayden Homes 2464 SW Glacier Place, Suite 110 Redmond, OR 97756 Staff Report 22-123-PA, 22-124-ZC
PORTER KELLY BURNS LANDHOLDINGS LLC 5691 MIRAMAR DR FRISCO, TX 75034 Staff Report 22-123-PA, 22-124-ZC