Loading...
HomeMy WebLinkAbout2022-05-20 247-22-000123-PA, 247-22-000124-ZC Hearings Officer NOD mailing COMMUNITY DEVELOPMENT DECISION AND RECOMMENDATION OF THE DESCHUTES COUNTY HEARINGS OFFICER 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 to accommodate the future Parkside Place project pursuant to the City of Bend’s approved application for Affordable Housing Pilot Program submitted to the State of Oregon under House Bill (HB) 4079 and OAR 660-039-0000 through 100. The proposal is being pursued in conjunction with an application to the City of Bend for expansion of the City of Bend’s Urban Growth Boundary (UGB) to include the subject property. STAFF REVIEWER: Kyle Collins, Associate Planner Phone: 541-383-4427 Email: Kyle.Collins@deschutes.org HEARINGS OFFICER: Stephanie Marshall RECORD CLOSED: May 10, 2022 Friday, May 20, 2022 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 2 of 45 DECISION DATE: May 20, 2022 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) 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: File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 3 of 45 Subject Property 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 Deschutes 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. The proposal will allow for annexation, rezoning and urban development of the future Parkside File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 4 of 45 Place affordable housing development. The City of Bend was selected by the State of Oregon for its affordable housing pilot project to be developed on the subject site. The City’s application for the affordable housing pilot project was approved by DLCD pursuant to State House Bill 4079 (HB 4079), as implemented by OAR Chapter 660-039. As summarized in the Applicant’s burden of proof statement: Hayden Homes, in cooperation with the City of Bend, seeks to expand the Bend Urban Growth Boundary ("UGB") by adding 35.52 acres of land to its eastern edge, in an effort to provide affordable housing. The subject property was selected by the City of Bend in 2018 as the preferred site in an application to the Oregon Department of Land Conservation and Development (DLCD) for the Oregon HB 4079 - Affordable Housing Pilot Project. The City (and the subject property in particular) was selected for the HB4079 Affordable Housing Pilot Project in November 2018. The current proposal (Bend UGB Expansion / RM Bend Comprehensive Plan Designation / UA Zone) is the 1st land use application step to implement a project that will result in 347 housing units, including 108 affordable housing units. Subsequent to this application/review, additional City of Bend applications needed to implement Oregon HB 4079 –  TSP Amendment / Alignment  Master Plan  Annexation  Land Division  Site Plan (for the multi-unit development and park) The current proposal is a necessary step to implement Oregon HB 4079, the Affordable Housing Pilot Project. ln 2016, the Oregon Legislature passed HB 4079, which formed a pilot program aimed to help cities build affordable housing. The program allows selected cities to add new housing units on lands currently outside their urban growth boundaries (UGBs) without going through the normal UGB expansion process. The law directed the Land Conservation and Development Commission (LCDC) to set up a process to select two pilot projects. The selected cities would be able to use an expedited UGB process, if at least 30 percent of the newly built housing is affordable and the newly added land is protected for this use for at least 50 years. LCDC adopted for the pilot program process and project requirements in OAR 660-039.ln June 2018 the City of Bend submitted an application for the Affordable Housing Pilot Project (utilizing the subject property) and in November 2018 LCDC selected the City of Bend for the Pilot Project. The Applicant is at the same time requesting from the City of Bend approval of a proposed amendment to the Bend Area Comprehensive Plan Map to expand the Urban Growth Boundary (UGB) to include 39.55 acres of land between Highway 20 and Bear Creek Road, including the abutting Bear Creek Road and Highway 20 right-of-way, immediately east of the existing UGB boundary. Included with the UGB expansion is a City of Bend Comprehensive Plan Map amendment to designate the property Medium Density Residential (RM) and to rezone the property to Urbanizable Area (UA). File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 5 of 45 The Hearings Officer has reviewed both the current proposal and the Applicant’s proposal to the City of Bend simultaneously on the records developed by Deschutes County and the City of Bend. The Hearings Officer’s review of the Applicant’s City of Bend proposal is set forth separately in a decision and recommendation to the Bend City Council. 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 principal 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: On April 7, 2022, the Planning Division mailed notice to several public agencies and received the following comments: 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 6 of 45 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. 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 7 of 45 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 decision and recommendation: Avion Water Company, the Bend-La Pine School District, the Bend Fire Department, 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 8 of 45 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 of the Deschutes County Code. 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 prior to the joint public hearing before the Hearings Officer. On April 13, 2022, the Bend-Redmond Habitat for Humanity Director of Land Acquisition and Development submitted a comment letter as follows: I am writing in reference to project number PLUGB20220115 at 21455 HWY 20 Bend. With the median house price in Bend at 770k is it clear that we are in dire need of affordable housing, and plenty of it. The expansion of the Urban Growth Boundary on this 35 acre plot would provide this much needed housing if it were medium density residential. It is important to have units available at every level from 30‐80% AMI and to have a focus on homeownership. To name a few of the benefits of homeownership: homeowners are more likely to vote, their children are more likely to graduate and to experience good health. In order to keep affordable housing affordable, I suggest a portion of the housing to be deed restricted. At the public hearing, several members of the public asked questions concerning future development of the subject property if the current applications before the County and the City to amend the Comprehensive Plans and change the zoning are approved. These questions are summarized as follows:  Will Highway 20 be included in the UGB and will ODOT lose jurisdiction to review access points from Highway 20, speed limits and maintenance?  Will there be a sidewalk and bicycle lane on Bear Creek Road? Traffic and speeds on Bear Creek Road are hazardous.  What percentages of AMI will be considered for affordable housing criteria?  What will the impact on wildlife be with the continued expansion of City limits, potential development of or around the irrigation canals and piping of COID canals?  Will light pollution associated with street lights be addressed?  What about view impacts of a 3-story apartment building on the property?  Will the affordable housing project include any portions dedicated for senior living?  Will there be any barrier between future development of the site and existing housing on surrounding properties to protect privacy of surrounding homeowners? File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 9 of 45 On rebuttal at the public hearing, the Applicant addressed these questions of the public and noted that they are all related to future, actual development of the site. Consideration of these potential impacts will be reviewed by the City of Bend pursuant to its Development Code at such time as applications for development are submitted. Joe Bessman, of Transight Consulting, the Applicant’s transportation engineer noted that the current applications are exempted from the transportation planning rule. He stated that Highway 20 will remain subject to ODOT jurisdiction and maintenance. Mr. Bessman stated that, with a proposed roundabout to be developed to the east of the subject property, there will be reduced speeds on Highway 20 heading west into the City limits. He also addressed sidewalk connections, bicycle lanes and lighting at intersections, all of which would be reviewed by the City in future development applications. Megan Norris, the Applicant’s representative, addressed fencing and privacy, noting that the Applicant desires to be a “good neighbor” and provide privacy measures at the time of future development. She also stated that the Applicant will be constructing a park for BMPRD. Karen Swenson, Senior City of Bend Planner discussed the fact that the subject property will not be potentially rezoned to RM until the City approves and finalizes an annexation agreement with the Applicant. She also noted that there is a reversion process for property brought into a UGB that would allow it to be removed, if necessary. Pursuant to the City’s “dark skies” policy, street lights will be required only at certain intersections. Piping of canals is up to COID. 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). File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 10 of 45 III. FINDINGS & CONCLUSIONS Title 22 of the Deschutes County Code, Procedures Ordinance Chapter 22.08, General Provisions Section 22.08.010 Application Requirements 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 on a form prescribed by the Planning Director and supported by a burden of proof statement and exhibits, 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. The Applicant submitted an affidavit attesting to the fact notice was posted on the property in accordance with DCC 22.24.030(B). The Hearings Officer finds these criteria are met. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 11 of 45 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. FINDING: The Applicant’s application was accepted by the Deschutes County Community Development Department and was determined to be complete. The Hearings Officer finds these criteria are met. 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 public hearing before the Deschutes County Hearings Officer was held on May 10, 2022. This Decision and Recommendation is prepared 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 12 of 45 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 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. No oral or written modifications and/or additions to the staff report were made. The Hearings Officer finds these criteria are met. 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 has served as the initial hearings body for the application for a quasi-judicial plan amendment. This Decision and Recommendation is prepared for consideration by the Board of County Commissioners. The Hearings Officer finds 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 13 of 45 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 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 14 of 45 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 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. The Hearings Officer finds these criteria are met. 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 15 of 45 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. 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. The Hearings Officer finds these criteria are met. 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 16 of 45 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. The Hearings Officer presided over a public hearing on May 10, 2022, and prepared this Decision and Recommendation for consideration by the Board of County Commissioners. 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 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 Deschutes County Comprehensive Plan map designation of the subject property from Rural Residential Exception Area to Bend Urban Growth Area, and to rezone the property from Rural Residential Exception Area (RREA) and Multiple Use Agricultural (MUA10) to Bend Urban Growth Area and Urbanizable Area (UA) District, respectively. The Applicant has also requested approval of a quasi-judicial plan amendment from the City of Bend to revise the Bend Area Comprehensive Plan Map to expand the City of Bend UGB to include the subject property and to designate the property Medium Density Residential (RM) and to rezone the property to Urbanizable Area (UA). 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. The Hearings Officer 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). Therefore, DCC 19A.01.010 is not an approval criterion for the subject application. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 17 of 45 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: As set forth above, the Applicant requests a quasi-judicial plan amendment to change the Deschutes County Comprehensive Plan map designation of the subject property from Rural Residential Exception Area to Bend Urban Growth Area, and to rezone the property from Rural Residential Exception Area (RREA) and Multiple Use Agricultural (MUA10) to Bend Urban Growth Area and Urbanizable Area (UA) District, respectively. The subject property is within the Multiple Use Agricultural Zone. The Applicant has also requested approval of a quasi-judicial plan amendment from the City of Bend to revise the Bend Area Comprehensive Plan Map to expand the City of Bend UGB to include the subject property, to designate the property Medium Density Residential (RM), and to rezone the property to Urbanizable Area (UA). 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. The Hearings Officer 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). Therefore, 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: The Hearings Officer 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 18 of 45 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). Therefore, 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. 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 a new zoning designation of Urbanizable Area (UA), which is administered by Title 19A of the Deschutes County Code. The Hearings Officer finds that Title 19A does not contain a Landscape Management Combining Zone or similar proportional zoning designation which would apply to the subject property. Therefore, the Hearings Officer finds that once the property’s zoning designation is changed to Urbanizable Area, the overlying LM Zone that currently applies to the subject property will be removed as the Deschutes County Code provisions governing the LM Zone do 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. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 19 of 45 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 is reviewed utilizing the applicable procedures contained in Title 22 of the Deschutes County Code. The Hearings Officer finds these criteria are met. 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 reviewed in the Comprehensive Plan section of this Decision and Recommendation in detail. The Hearings Officer agrees with the Applicant’s analysis and finds the above provision is met based on Comprehensive Plan conformance as set forth 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: 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 20 of 45 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 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. The Hearings Officer finds the Applicant has demonstrated the requested change in classification is consistent with the purpose and intent of the UA Zone, as the current proposal is being reviewed concurrently with the Applicant’s sister application to the City of Bend to expand the Bend UGB to include the subject property. This criterion is met. G. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: 4. The availability and efficiency of providing necessary public services and facilities. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 21 of 45 FINDING: 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 [is] 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. Public water and sewer is currently provided to properties located within the UGB on the west side of the subject property. 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. The Hearings Officer finds that there are no known deficiencies in public services or facilities that would negatively impact public health, safety, or welfare if the proposed rezone – in and of itself - is approved. The Applicant testified at the public hearing before the Hearings Officer that, for future development of the parcel, TSP alignments are required to be modified. The City of Bend has not finalized a Traffic Analysis Memorandum (TAM) based on review of the Applicant’s Transportation Impact Analysis (TIA). The TAM is ultimately tied to a future annexation agreement between the City of Bend and the Applicant. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 22 of 45 The subject property is within 1.5 miles to public elementary and middle schools and within 2 miles of a public high school. Prior to development of the properties, the Applicant will be required to comply with the applicable requirements of the City of Bend Development Code, including possible land use permitting, building permitting, and sewage disposal permitting processes. Through these development review processes, assurance of adequate public services and facilities will be verified. The Hearings Officer finds this criterion 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. The Applicant also has provided specific findings for each relevant Comprehensive Plan goal and policy, which are reviewed below. The Hearings Officer finds the Applicant has demonstrated that the impacts on surrounding land uses will be consistent with the specific goals and policies contained within the Comprehensive Plan. This criterion is met. 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 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 23 of 45  SB 1573 Limit voter approval of city annexations 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. The Hearings Officer finds that the passage of HB 4079 and the selection of the subject property for an affordable housing pilot project together constitute a change in circumstances since the property was last zoned. This criterion is met. 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 the City of Bend’s proposal and subsequent approval by the Land Conservation and Development Commission (LCDC) to select Bend as one of two selected cities for the affordable housing pilot project under these bills was based on an objective review of the facts pertaining to state goals and administrative rules. The Applicant’s subsequent land use application to Deschutes County for the requested plan amendment includes public notice as required by County Code to property owners, private and public agencies, and culminates in two public hearings – one before the Hearings Officer and one before the Board of County Commissioners. 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, to obtain entitlements to develop the site to accommodate 347 residential units. As presently projected, approximately 30% of the units to be developed will be affordable housing (households File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 24 of 45 making 80% or less of the County’s Area Median Income (AMI) of $68,9731). The Hearings Officer finds that, for all the foregoing reasons, at every step at the state and the local level the potential future development of the subject property for affordable housing has been the result of an open and public process. The Hearings Officer finds the proposal is consistent with Chapter 1, Goal 1 of the County Comprehensive Plan. Goal 2. Promote regional cooperation and partnerships on planning issues. FINDING: The Applicant’s related applications to the County and to the City for Plan Amendments, Zone Changes, and UGB amendment were 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. The Hearings Officer finds that the proposal promotes regional cooperation and partnerships between Deschutes County and the City of Bend. The Hearings Officer finds the proposal is consistent with Chapter 1, Goal 2 of the County Comprehensive Plan. 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. The Hearings Officer finds the provisions of this section of the Comprehensive Plan are not applicable. Section 2.3 Forests FINDING: The Hearings Officer finds the provisions of this section of the Comprehensive Plan 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 provided the following response in the submitted burden of proof statement: 1 https://www.census.gov/quickfacts/fact/table/deschutescountyoregon/PST045221 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 25 of 45 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. 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 Goal 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. Based on the National, Local, and State Wetland maps, the record shows that 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. Two irrigation ponds exist on the subject property. As part of the current proposal, Deschutes County notified the Oregon Department of State Lands (DSL) concerning the proposed Plan Amendment and Zone Change. DSL did not provide any comments on the Applicant’s proposal. No specific physical development of the property is being proposed as part of the requested Plan Amendment and Zone Change and thus no impacts to designated wetland areas or other Goal 5 resources are expected under the current proposal. 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. The Applicant will also be required to coordinate with Central Oregon Irrigation District (COID) and the Bend Metropolitan Parks and Recreation District (BMPRD) concerning preservation and/or development of the areas surrounding one or both irrigation ponds. The Hearings Officer agrees with the Applicant’s contention that any future City of Bend review procedures will ensure protection of any Goal 5 resources located onsite. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 26 of 45 Goal 5 Policies 2.4.1 through 2.4.5 focus on amending the County’s Goal 5 inventory. The Hearings Officer thus finds those policies are not applicable. The Hearings Officer finds the proposal is consistent with Section 2.4, Goal 1 of the County Comprehensive Plan. Section 2.5, Water Resources Policies FINDING: The Applicant provided the following response in the submitted burden of proof statement: This section provides 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. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 27 of 45 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 notified the Oregon Department of State Lands (DSL) concerning the proposed Plan Amendment and Zone Change. DSL did not provide any comments on the Applicant’s proposal. No specific physical development of the property is being proposed as part of the requested Plan Amendment and Zone Change and thus no impacts to water resources are expected under the current proposal. 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. The Applicant will also be required to coordinate with Central Oregon Irrigation District (COID) and the Bend Metropolitan Parks and Recreation District (BMPRD) concerning preservation and/or development of the areas surrounding one or both irrigation ponds. The Hearings Officer agrees with the Applicant’s contention that any future City of Bend review procedures will ensure protection of any water resources located onsite. The Hearings Officer finds the proposal is consistent with Chapter 2, Section 2.5 of the County Comprehensive Plan. 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. The Hearings Officer finds that Chapter 2, Section 2.6 of the County Comprehensive Plan is inapplicable. 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) and is not considered a significant open space based on any natural amenities present on the site. However, 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.” Notwithstanding the foregoing, the Hearings Officer finds that Chapter 2, Section 2.7, Goal 1 of the County Comprehensive Plan does not apply because, at the time of development, the property will File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 28 of 45 be under the City of Bend’s land use authority and subject to the City’s open space and scenic view development criteria. Policy 2.7.1 Goal 5 open spaces, scenic views and sites inventories, ESEEs and programs are retained and not repealed. FINDING: As set forth in the findings above, the site is not zoned OS&C. However, 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.” Notwithstanding the foregoing, the Hearings Officer finds that Policy 2.7.1 of the County Comprehensive Plan does not apply because, at the time of development, the property will be under the City of Bend’s land use authority and subject to the City’s open space and scenic view development criteria. Policy 2.7.2 Cooperate with stakeholders to establish a comprehensive system of connected open spaces. FINDING: As set forth in the findings above, the site is not zoned OS&C. There are no OS&C zoned properties or other open space resources in the immediate vicinity of the subject property. 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 potential dedicated park in certain areas of the subject property, predominately in the southwestern quadrant, which may be proposed for development in the future. Notwithstanding the foregoing, the Hearings Officer finds that Policy 2.7.2 of the County Comprehensive Plan does not apply because, at the time of development, the property will be under the City of Bend’s land use authority and subject to the City’s open space and scenic view development criteria. 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 set forth in the findings above, the site is not zoned OS&C. However, 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, the record does not show there are any significant open spaces or visually prominent areas on the subject parcel. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 29 of 45 No specific physical development of the property is being proposed as part of the requested Plan Amendment and Zone Change and thus no impacts to open space or visually prominent areas are expected under the current proposal. 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 and for consistency with the Bend Comprehensive Plan. The Hearings Officer finds the proposal is consistent with Policy 2.7.3 of the County Comprehensive Plan. Policy 2.7.4 Encourage a variety of approaches that protect significant open spaces and scenic views and sites. FINDING: As set forth in the findings above, the subject property does not contain significant open space or scenic views and sites. Nevertheless, through review of specific future 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. The record does not show there are any significant open spaces or visually prominent areas on the subject parcel. The Hearings Officer finds the proposal is consistent with Policy 2.7.4 of the County Comprehensive Plan. Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites. FINDING: The plan amendment application does not propose any development at this time; future development applications will be reviewed by the City of Bend. The Hearings Officer finds this 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, development proposal(s) will be reviewed pursuant to the City code to address consistency with local code requirements. The Hearings Officer finds Policy 2.7.5 does not apply. Section 2.8 Energy Policies Goal 1. Promote energy conservation. 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 provided the following response in the submitted burden of proof statement: File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 30 of 45 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. Approval of the application will not result in any immediate development. The Hearings Officer 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 may 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 at the time of development. The City of Bend’s Development Code addresses many of these issues, and future development will be reviewed by the City pursuant to its Development Code. For these reasons, the Hearings Officer finds the proposal is consistent with Section 2.8, Goals 1, 2 and 3 of the County Comprehensive Plan. 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. Goal 3. Encourage and increase recycling FINDING: Approval of the application will not result in immediate development. The Hearings Officer finds these goals and their policies do not apply to the proposed Plan Amendment and Zone Change request. The City of Bend will review development applications pursuant to its Development Code when the subject property develops. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 31 of 45 Section 2.10 Surface Mining FINDING: The Hearings Officer finds this section 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 review of Section 5.8 of the Comprehensive Plan. The proposed 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: The Hearings Officer finds this section 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 proposed 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 provided the following response to Goal 1, Goal 2 and Policy 3.3.6 of the Comprehensive Plan 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 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. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 32 of 45 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. The Hearings Officer finds this application will not adversely impact the rural character and safety of housing in unincorporated Deschutes County because 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 the Applicant is requesting approval from the City of Bend to move the City’s UGB approximately 1,300 feet further east. Notwithstanding the foregoing, the Hearings Officer finds these goals and Policy 3.3.6 are not applicable because no specific development is proposed. In the future, review of development proposals will be undertaken by the City of Bend. The requirements of Bend’s Development Code will be applied to 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 be reviewed by the City of Bend under provisions of the City of Bend Development Code. The Hearings Officer finds Policy 3.3.1 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 future housing development be reviewed by the City of Bend under provisions of the City of Bend Development Code. The Hearings Officer finds Policy 3.3.2 does not apply. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 33 of 45 Policy 3.3.4 Encourage new subdivisions to incorporate alternative development patterns, such as cluster developments, that mitigate community and environmental impacts. FINDING: The proposed plan amendment will not result in any new subdivisions under County Code. Future development will be reviewed by the City of Bend under provisions of the City of Bend Development Code. However, the proposed 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. Notwithstanding the foregoing, the Hearings Officer finds Policy 3.3.4 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 proposed 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. Future development of the property, once annexed by the City of Bend, will be reviewed under the Bend Development Code. Bend’s Affordable Housing Pilot Project submittal to the state contains a diversity of housing opportunities. The Hearings Officer finds Policy 3.3.5 does not apply to the proposed Plan Amendment and Zone Change request. However, the pilot project for affordable housing is consistent with this policy. Goal 2. Support agencies and non-profits that provide affordable housing. FINDING: The Board of County Commissioners approved Resolution of Support 2018-029 on June 18, 2018 addressing the City of Bend’s application to the State’s request for pilot projects for affordable housing. The Hearings Officer 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 also 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. The Hearings Officer 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. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 34 of 45 FINDING: The pilot project requires that 30% of the housing units be affordable. Based on the submitted application materials, the Applicant intends to apply to the City of Bend for approval of applications required for the pilot project which is projected to 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. The Hearings Officer finds the intent of this policy is met. The Hearings Officer finds that 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 proposed 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 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. Future development of the subject property will be reviewed under Bend Development Code’s requirements for screening, buffering, and landscaping which will ensure development of the subject property will be compatible with the surrounding rural parcels. The Hearings Officer notes that future development of 347 residential units on the subject property 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 Hearings Officer finds that the proposal is generally consistent with Section 3.4, Goal 1 of the County Comprehensive Plan. The Hearings Officer finds that the remaining polices (3.4.1 through 3.4.35) concern either uses not occurring on the subject parcel currently or inapplicable uses as the parcel is currently 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 protection from 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. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 35 of 45 Drainage and storm water will be addressed as part of the master plan development. The Hearings Officer finds the proposal is consistent with this goal. The Hearings Officer finds that the remaining policies (3.5.1 through 3.5.11) are specific to rural properties, which the subject property will no longer be if the plan amendment is approved. As such, 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 will seek annexation of the subject property into the City of Bend. If approved, the site will be provided with municipal facilities and services which are operated and maintained by the City as well as Avion Water Company. The Hearings Officer 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 will seek annexation of the subject property into the City of Bend. If approved, the site will be 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). The Hearings Officer 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 within its boundaries, has a Comprehensive Plan adopted as of July 2018 which identifies various parks and/or public spaces throughout the district. The subject parcel is 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 is also 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. The Hearings Officer finds this Goal is met. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 36 of 45 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 acquired by and operated by park and recreation districts. FINDING: 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). Therefore, the Hearings Officer finds this policy is met. The remaining policies (3.8.2 through 3.8.10) pertain to rural County lands. The subject property will no longer be classified or zoned as rural County lands if the proposed plan amendment is approved. The Hearings Officer finds these policies are inapplicable. Section 3.9, Destination Resorts FINDING: The Hearings Officer finds these goals and policies do not apply as the subject property does not have a Destination Resort Overlay zone, nor is the proposed plan amendment 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: File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 37 of 45 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 the recently approved Bend expansion areas. The proposed plan and design is consistent with these policies. The Hearings Officer finds the proposal is consistent with this Goal for the foregoing reasons. 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 of County Commissioners and 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. The Hearings Officer finds the proposal is consistent with this policy. Policy 4.2.2. Promote and coordinate the use of urban reserve areas. FINDING: 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, the Hearings Officer finds this property serves a similar purpose given its proximity to existing infrastructure and urban development patterns along its western boundary. The Applicant’s proposed 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. The Hearings Officer finds the proposal 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 Applicant requests approval from the City of Bend to bring the subject property into the Bend UGB and will seek annexation of property into the City of Bend. Therefore, the Hearings Officer finds that Goals 2 and 3 are not applicable to properties within city boundaries. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 38 of 45 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 Applicant plans to request approval from the City of Bend to build 347 units, of which the state mandates at least 30 percent must be affordable. This will contribute to economic development in the region. The presence of affordable housing is a foundation of economic growth in the region. The Hearings Officer finds that the proposal is consistent with this Goal. The Hearings Officer 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 citizen involvement required by the Deschutes County 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 proposed amendment have been 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. The Hearings Officer finds the proposal and its review are consistent with Statewide Planning Goal 1. 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: The Hearings Officer finds the proposal is consistent with Goal 2 because the applications have been reviewed pursuant to applicable procedures for plan amendments in the County's Comprehensive Plan and zoning ordinance. In addition, the proposal is supported by an adequate factual base set forth in the Applicant’s burden of proof statement, exhibits, testimony at a public File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 39 of 45 hearing before the Hearings Officer, and the record as a whole. Among other things, the record demonstrates the proposal will have a positive impact on the region’s economy and will address the region’s 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. The Hearings Officer finds Goal 3 is inapplicable. 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. FINDING: The subject property does not contain any forest lands. The Hearings Officer finds Goal 4 is inapplicable. 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 40 of 45 (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 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 notified the Oregon Department of State Lands (DSL) concerning the proposed Plan Amendment and Zone Change. DSL has not provided any comments on the Applicant’s proposal. The Hearings Officer finds that no specific development of the property is being proposed as part of the Plan Amendment and Zone Change, thus no impacts to designated wetland areas or other Goal 5 resources are expected at this time. Any 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. The Applicant will also be required to coordinate with Central Oregon Irrigation District (COID) and the Bend Metropolitan Parks and Recreation District (BMPRD) concerning preservation and/or development of the areas surrounding one or both irrigation ponds. The Hearings Officer agrees with the Applicant’s contention that future City of Bend review procedures will ensure protection of any Goal 5 resources located onsite. The Hearings Officer finds the proposal is consistent with Goal 5. 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. The Hearings Officer finds Goal 6 is inapplicable. 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: File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 41 of 45 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. 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 on the subject property than other areas within or adjacent to the Bend UGB. Development of the site could potentially improve fire protection by providing greater access and water infrastructure. The Hearings Officer 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. The Hearings Officer finds Goal 8 is inapplicable. 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. The Hearings Officer finds Goal 9 is inapplicable. 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. The Hearings Officer finds Goal 10 is inapplicable. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 42 of 45 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 and the record as a whole, the Hearings finds there is adequate current and future capacity for water, sewer, and the road network to serve the subject property. As set forth in the findings above, the subject property is within 1.5-2 miles of public elementary, middle, and high schools. The Applicant testified at the public hearing that a transit stop will be proposed in the middle of the future developed community. The City of Bend will finalize a TAM in connection with a future annexation agreement with the Applicant, and will also require TSP alignments. The Hearings Officer finds the application is consistent with Goal 11. 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. The Hearings Officer finds Goal 12 is inapplicable. 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. The Hearings Officer finds Goal 13 is inapplicable. 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. Nonetheless, the proposal takes 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 File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 43 of 45 use of the land is compatible with adjacent uses. The Hearings Officer finds the proposal is consistent with Goal 14 as applicable. Goals 15 through 19. The Hearings Officer finds that 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). (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: OAR 660-039-0030(1)(a) does not require compliance with this statute. The Hearings Officer finds ORS 197.298 is inapplicable. OAR 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; File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 44 of 45 (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 Applicant has submitted the appropriate land use application to the County to change the Comprehensive Plan and Zoning designations for the subject property, and has applied to the City of Bend for an expansion of the Bend UGB boundary. The Applicant will then initiate land use applications to the City to apply the City of Bend Development Code to develop land uses on the subject parcel consistent with the City’s Affordable Housing Pilot Program application. The Hearings Officer 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. FINDING: The plan amendment is not being processed under OAR 660-018. The Hearings Officer finds this administrative rule is not applicable, but notes the City is aware of this implication for subsequent post-acknowledgement plan amendments for the subject property. (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 applications submitted to Deschutes County and to the City of Bend collectively propose to: 1) Change the County Comprehensive Plan designation from the designation of Rural Residential Exception Area to the Bend Urban Growth Area and; 2) Amend the Bend UGB boundary to include the subject parcel. File Nos. 247-22-000123-PA, 247-22-000124-ZC Page 45 of 45 Upon approval of the current applications, the City will consider annexation of the subject property. When the property is annexed to the City of Bend, the City will apply its Development Code to future development applications for the subject parcel to implement the Affordable Housing Pilot Project. The Hearings Officer finds this administrative rule is met. IV. DECISION AND RECOMMENDATION Based on the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer finds the Applicant has met the burden of proof necessary to justify the request for a Comprehensive Plan Map Amendment to re-designate the subject property from Rural Residential Exception Area (RREA) to Bend Urban Growth Area and to adopt a zone map amendment to reassign the zoning of the subject property from Multiple Use Agricultural (MUA10) to Urbanizable Area (UA). The Deschutes County Board of Commissioners is the final local review body for the application before the County. DCC 18.126.030. The Hearings Officer recommends approval of the application based on this Decision and Recommendation of the Deschutes County Hearings Officer. __________________________________________ Stephanie Marshall, Deschutes County Hearings Officer Dated this 20th day of May, 2022 Mailed this 20th day of May, 2022 Owner Agent InCareOf Address CityStZip Type cdd id PORTER KELLY BURNS LANDHOLDINGS LLC 5691 MIRAMAR DR FRISCO, TX 75034 Hearings Officer Decision 22-123-PA, 22-124-ZC Blackmore Planning and Development Services, LLC 19454 Sunshine Way Bend, OR 97702 Hearings Officer Decision 22-123-PA, 22-124-ZC Hayden Homes 2464 SW Glacier Place, Suite 110 Redmond, OR 97756 Hearings Officer Decision 22-123-PA, 22-124-ZC 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 NOTICE OF HEARINGS OFFICER’S DECISION The Deschutes County Hearings Officer has approved the land use application(s) described below: FILE NUMBERS: 247-22-000123-PA, 247-22-000124-ZC LOCATION: Map and Taxlot: 1712350001500 Account: 119047 Situs Address: 21455 HWY 20, BEND, OR 97701 OWNER: Porter Kelly Burns Landholdings LLC APPLICANT: Hayden Homes SUBJECT: 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 to accommodate the future Parkside Place project pursuant to the City of Bend’s approved application for Affordable Housing Pilot Program submitted to the State of Oregon under House Bill (HB) 4079 and OAR 660-039-0000 through 100. The proposal is being pursued in conjunction with an application to the City of Bend for expansion of the City of Bend’s Urban Growth Boundary (UGB) to include the subject property. STAFF CONTACT: Kyle Collins, Associate Planner Phone: 541-383-4427 Email: Kyle.Collins@deschutes.org RECORD: Record items can be viewed and downloaded from: https://www.deschutes.org/cd/page/247-22-000123-pa124-zc- applicant-initiated-plan-amendment-zone-change-and-bend-urban- growth APPLICABLE CRITERIA: The Hearings Officer reviewed this application for compliance against criteria contained in Chapters 18.32, 18.84, and 18.136 in Title 18 of the Deschutes County Code (DCC), the Deschutes County Zoning Ordinance, Title 19A of the DCC, the Bend Urbanizable Area District, Friday, May 20, 2022 247-22-000123-PA, 124-ZC Page 2 of 2 Title 23, the Deschutes County Comprehensive Plan, Oregon Administrative Rules Chapters 660, Division 015 (Statewide Planning Goals) and Division 039 (Affordable Housing Pilot Project), as well as against the procedural requirements of Title 22 of the DCC. DECISION: The Hearings Officer finds that the application meets applicable criteria, and recommends approval of the applications. As a procedural note, the hearing on March 10, 2022, was the first of two required de novo hearings per DCC 22.28.030(c). The second de novo hearing will be heard in front of the Board of County Commissioners at a date to be determined. In other words, there is no appeal of the Hearings Officer’s recommendation to the Board as the Board must hold a public hearing on this decision. The Board at the hearing can determine to uphold, modify, or overturn the Hearings Officer’s decision. Copies of the decision, application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. Owner Agent InCareOf Address CityStZip Type cdd id CTH INVESTMENTS LLC ET AL 14787 SW MILLIKAN WAY BEAVERTON, OR 97003 Hearings Officer NOD 22-123-PA, 22-124-ZC DOGFISH INVESTMENTS LLC 27770 SE CURRIN RD ESTACADA, OR 97023 Hearings Officer NOD 22-123-PA, 22-124-ZC TE AMO DESPACIO LLC ET AL 2464 SW GLACIER PL #110 REDMOND, OR 97756 Hearings Officer NOD 22-123-PA, 22-124-ZC CLEAVENGER, DOUGLAS CLARK & JANE MARIE 21450 HWY 20 BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC BABCOCK, DENNIS & BABCOCK, KENNETH 20260 MOONLIGHT CT BEND, OR 97702 Hearings Officer NOD 22-123-PA, 22-124-ZC EASTSIDE BEND LLC ATTN: GARY G MILLER 721 BREA CANYON #7 DIAMOND BAR, CA 91789 Hearings Officer NOD 22-123-PA, 22-124-ZC ENGLISH,GARY S 21336 E HWY 20 BEND, OR 97702 Hearings Officer NOD 22-123-PA, 22-124-ZC MARIA FIDELIA MARCOULIER TRUST MARCOULIER, MARIA FIDELIA TTEE 21390 BEAR CREEK RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC DELAMARTER, TWYLA J & GARTH S 277 NE CONIFER #123 CORVALLIS, OR 97330 Hearings Officer NOD 22-123-PA, 22-124-ZC ROSSO LIVING TRUST 1997 ROSSO, JOHN M & LORNA C TTEES 21391 LIVINGSTON DR BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC NICHOLLS, MEREDITH J 21395 LIVINGSTON DR BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC WALKER, KIRK W & TERRI H 62048 WITHERSPOON PL BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC JANET K HILDRETH REVOCABLE LIVING TRUST HILDRETH, JANET K TRUSTEE 62044 WITHERSPOON PL BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC BRUSH, MELISSA J 62040 WITHERSPOON PL BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC HEPP, GAVIN M & EMILY A 21380 BARTLETT LN BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC ROBSON, DANIEL & HABLE, KRISTINE 21379 BARTLETT LN #UNIT 1 BEND, OR 97701-7800 Hearings Officer NOD 22-123-PA, 22-124-ZC PRASEK, ELIZABETH & LARRY JAMES 1617 MYRTLEWOOD LN NICEVILLE, FL 32578 Hearings Officer NOD 22-123-PA, 22-124-ZC LEWIS, BEAU J & ELISA M 21372 BARTLETT LN BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC ROBSON, CLIFFORD P & VICKY 21120 MERRITT CT BEND, OR 97702 Hearings Officer NOD 22-123-PA, 22-124-ZC BRISTOW, JAMES C & PIREZ, EYLENE 62018 DANTILI RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC MOSTEK, LAWRENCE J & DEBRA J 62014 DANTILI RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC LOWERY, THOMAS ARTHUR & BARBARA ANN 62010 DANTILI RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC FUERSTENAU,JUSTIN TYLER & MCKENZIE LEIGH 62006 DANTILI RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC WARREN, MEREDITH A 21378 BEAR CREEK RD BEND, OR 97702 Hearings Officer NOD 22-123-PA, 22-124-ZC KRAMER, KIMBERLY & CHRISTIFER 21380 BEAR CREEK RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC SNOW, WILLIAM P & SANDRA R S 21517 BEAR CREEK RD BEND, OR 97702 Hearings Officer NOD 22-123-PA, 22-124-ZC DOROTHY R SULLIVAN TRUST SULLIVAN, DOROTHY R TTEE 21405 BEAR CREEK RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC HAROLD K MARKEN REV TRUST ETAL MARKEN,HAROLD K CO-TTEE ETAL 21495 BEAR CREEK RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC BRUGGEMAN, SUSAN A ET AL 21425 BEAR CREEK RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC LELAND & SHIRLEY LANDERS TRUST LANDERS, SHIRLEY J TRUSTEE 1460 NW LEXINGTON BEND, OR 97703 Hearings Officer NOD 22-123-PA, 22-124-ZC CRAIG A CHRISTIANSEN REV TRUST ET AL CHRISTIANSEN, CRAIG A & CHRISTY L TTEES PO BOX 5651 BEND, OR 97708 Hearings Officer NOD 22-123-PA, 22-124-ZC PORTER KELLY BURNS LANDHOLDINGS LLC 5691 MIRAMAR DR FRISCO, TX 75034 Hearings Officer NOD 22-123-PA, 22-124-ZC AVION WATER COMPANY Tanner Lemon (tel@avionwater.com) 60813 PARRELL RD. Bend, OR 97702 Hearings Officer NOD 22-123-PA, 22-124-ZC CENTRAL OREGON IRRIGATION DIST. KELLY O'ROURKE - LANDUSE@COID.ORG CRAIG HORRELL - CHORRELL@COID.ORG ELECTRONIC Hearings Officer NOD 22-123-PA, 22-124-ZC WOODMANSE, RAY 21700 Stud Ct BEND, OR 97702 Hearings Officer NOD 22-123-PA, 22-124-ZC MARCOULIER, FIDELIA 2190 BEAR CREEK RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC HOLCOMB, JOHN AND TAMMY 21405 BEAR CREEK RD BEND, OR 97701 Hearings Officer NOD 22-123-PA, 22-124-ZC HABITAT FOR HUMANITY WEGNER, GRACE 1299 NW OPAS AVE REDMOND, OR 97756 Hearings Officer NOD 22-123-PA, 22-124-ZC Blackmore Planning and Development Services, LLC 19454 Sunshine Way Bend, OR 97702 Hearings Officer NOD 22-123-PA, 22-124-ZC Hayden Homes 2464 SW Glacier Place, Suite 110 Redmond, OR 97756 Hearings Officer NOD 22-123-PA, 22-124-ZC