1992-25199-Ordinance No. 92-048 Recorded 7/29/1992BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Ordinance Amending The Bend
Area General Plan Transportation
Map, Moving The Alignment of
Brookswood Boulevard, a Designated
Arterial, and Declaring an Emergency.*
NO. 92-048
92-25199
REVIEWED
! FGAL COUNSEL
LINTY, OREGON-. _ -�-
r
0118-1918
WHEREAS, the Bend Area General Plan, Transportation Plan Map
establishes the general location of an Arterial in Sections 13 and
24 of Township 18 South, Range 11 East, generally known as the
Brookswood Boulevard Arterial (Brookswood Boulevard), as identified
in Exhibit "A".
WHEREAS, the Bend-LaPine School District No. 1 has proposed a
Plan Amendment to move the alignment of a portion of Brookswood
Boulevard on the Bend Area General Plan Transportation Plan Map, as
identified in Exhibits "B" and "C".
WHEREAS, the County Hearings Officer, after notice given and
hearing conducted in accordance with applicable law, has
recommended approval of the proposed Map Amendment to the Bend Area
General Plan Transportation Map;
WHEREAS, the Board of County Commissioners concurs with the
findings of the Hearings Officer; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. The Bend Area General Plan Transportation Plan Map,
as amended, is further amended, to move the alignment of Brookswood
Boulevard as indicated in Exhibits "A", "B" and "C" attached hereto
and incorporated herein.
Section 2. The Board adopts as its findings the Findings and
Decision of the County Hearings Officer dated May 21, 1992, as
Exhibit D, attached hereto and incorporated herein.
Section 3. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
1 - ORDINANCE NO. 92-048
DATED this day of , 1992.
BOARD Of
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Re ording Secretary CR
2 - ORDINANCE NO. 92-048
0118-1919
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EXHIBIT "D"
FINDINGS, DECISION AND RECOMMENDATION
FILE NOS.: PA -92-1, CU -92-18, SP -91-190 and MJP-92-2
APPLICANT: Bend-LaPine School District No. 1
c/o John Rexford
520 NW Wall Street
Bend, OR 97701
REQUEST: Applications for a plan amendment to move the
alignment of Brookswood Boulevard on the
Bend/Deschutes County Transportation Plan Map,
a conditional use permit and site plan for a
new elementary school west of the Homestead
Subdivision in Bend in a RL, Urban Low Density
Residential Zone, and a major land partition
to divide a 242 -acre parcel into two lots of
227 acres and 15 acres, with the 15 -acre
parcel designated as the school site.
PLANNING STAFF
REPRESENTATIVE: Paul Blikstad
BURDEN OF PROOF: The applicant must establish that the proposed
plan amendments are consistent with the Bend
Area General Plan, Criteria for Plan
Amendments, and that the conditional use
permit and site plan conform with the
applicable requirements of the Bend Urban Area
Zoning Ordinance and Deschutes County
Subdivision Ordinance.
HEARING AND EXHIBITS
The hearing was held on these applications on April 7 and May 5,
1992, at the City of Bend Public Works Building. The following
exhibits make up the record in this matter:
A. Application for Plan Amendment;
B. Application for Conditional Use Permit and Site Plan;
C. Application for Major Land Partition;
D. Proposed partition map;
E. Legal description for the school district site;
F. Site plan;
G. Aerial photo and lot layout;
H. Burden of Proof Statement: Amendment to the
Transportation Element of the Bend Area General Plan to
realign the proposed extension of Brookswood;
I. Burden of Proof Statement: Conditional Use Permit and
Site Plan approval to construct an elementary school;
J. Burden of Proof Statement: Partition;
PAGE 1 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118--1926
K. Addendum to Burden of Proof Statement regarding site
acquisitions;
L. Addendum to Burden of Proof Statement regarding roadway
improvements;
M. David Ford memorandum dated April 1, 1992;
N. Scott Mutchie letter dated May 1, 1992;
0: Dick Johnson, Deschutes County Public Works Department,
memorandum dated April 21, 1992, and accompanying map
regarding construction work on Brookswood Boulevard;
P. Petition No. 1 regarding the construction of Brookswood
Boulevard (five pages);
Q. Petition No. 2 regarding mitigating measures (five
pages);
R. Letters in support:
1. John Novack;
2. David and Pamela MacGurn;
3. Patty Greening;
4. Mary and John Sellers;
5. Jo Ann Novack;
6. Jan LaChapelle;
7. Pamela Horner;
8. Ellen Schuknecht;
9. Marla Melton;
10. Donna Godin;
11. Sue Wilhelm;
12. Mark Beardsley;
13. John Eriolini;
14. Gary Brunner;
15. Kathy and Jerry Van Loo;
16. Ken Wilhelm;
17. Nola Weber;
18. Shelby Lettenmaier;
S. Letters in opposition:
1. Kathryn Higgins;
2. Ellen Haley;
3. Ron Cathcart; and
T. Staff Report.
PRELIMINARY FINDINGS OF FACT
1. LOCATION:
The subject property for the school is located west of the
Homestead and Romaine Village Subdivisions in the southwest
Bend area, and is further described as 18-11-13, Tax Lot 2400.
2. ZONE:
The subject property is zoned RL, Urban Low Density
Residential, and is designated Residential on the Bend Area
General Plan.
PAGE 2 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
01180-1927
3. The subject property is approximately 242 acres, with a varied
topography, and a cover of ponderosa pine, juniper, scrub
brush and pasture. The Deschutes River forms the west
boundary of the property. The property is currently vacant
and has no structures, but has what appears'to be irrigated
fields. The property is a designated wildlife refuge, with no
trespassing signs posted. The property was damaged heavily by
the Awbrey Hall fire, with elk habitat destroyed by the fire.
Land use in the area includes residences to the east in the
Romaine Village and Homestead Subdivision, residences to the
south in the River Bend Estates Subdivision, scattered
residences to the west across the Deschutes Zoning in the area
is RL to the east and north, RS, Urban Standard Residential,
to the west, and RR -10, Rural Residential, and F-2, Forest Use
to the south.
4. The applicant has applied for four land use applications, as
described above. The applicant has submitted Burden of Proof
Statements addressing the conditional use and site plan
standards, the transportation plan amendment for Brookswood
Boulevard, and the major land partition to divide the subject
property to create the school site. The applicant has
submitted site plan drawings of the school site and the
proposed realignment of Brookswood, including an aerial photo
of the area, and the applicant has submitted a partition
drawing showing the proposed configuration of the new lots.
5. The following transmittal responses were received by the
County Planning Division:
A. The Deschutes County Public Works Department recommends
that the following road improvements be made by the
applicant as a condition of approval of this school site:
1. The applicant/property owner is to dedicate 80 feet
of land for Brookswood Boulevard across the entire
property from the north to south edges of the
property as shown in the application.
2. The applicant is to improve Brookswood across the
site from the northern school entrance to Poplar to
the following standard: 36 feet of paving width
(0.9 matt surface) over a 10 -inch aggregate base
with 4 -foot wide gravel shoulders. The applicant
must bond the improvement from the northern school
entrance site to the north property line.
Improvements to Brookswood south of Poplar are the
responsibility of the developers and/or property
owners.
PAGE 3 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1928
3. The applicant is to extend Poplar from the end of
the paving to the new Brookswood. This improvement
is to be made to the local urban area street
standard of 36 feet of 2 -inch A.C. paving over a 6 -
inch gravel base with concrete curbs and sidewalks.
4. The applicant is to dedicate land for the public
right of way for a cul de sac bulb at the west end
of Amethyst Street. The land dedicated for the
bulb shall have a minimum radius of 50 feet.
5. The cul de sac bulb is to be improved by paving to
a radius of at least 45 feet with a 2 -inch A.C.
paving over a 6 -inch gravel base with concrete
curbs and sidewalks. A landscaped "island" may be
placed in the middle of the cul de sac bulb
provided it is defined by a concrete curb, watered
and maintained by the Bend-LaPine School District.
6. The applicant is to dedicate 80 feet of land along
the entire frontage of their property for
additional public right of way for Brookswood
Blvd., which is shown as an arterial by the Bend
Urban Area Transportation Plan.
7. The applicant is to install and maintain all
landscaping so as to not interfere with the
required sight distance at the intersection of the
parking access and Brookswood.
8. No vehicular access shall be allowed directly to
Brookswood except for the single parking lot
driveway shown on the submitted site plan.
9. A recycling area shall be provided adjacent to the
trash container.
B. The City of Bend submitted the following recommended
conditions:
1. Provide fire flows to City of Bend standards with
Avion water. Submit plans to Public Works for
review for fire flows to meet Uniform Fire Code.
2. Sign a Consent to Annexation prior to obtaining a
building permit or final partitioning.
3. Extend the sewer to and through the site. Provide
separate services to each parcel, pay general
benefit fees and sign sewer agreements with the
PAGE 4 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-181 SP -91-190 and MJP-92-2
0118--1929
City Development Services Department.
4. Construct Brookswood to full urban arterial
standards with a curb and sidewalk on the east side
the length of the property frontage.
5. Dedicate Amethyst for the cul de sac and construct
to urban standards, with a minimum 45 -foot radius
with curbs and sidewalks.
6. The County should explore options with the
developer to provide off-site improvements for
Brookswood to include a pedestrian and bike path
and possibly bus access south to Buck Canyon Drive.
Without this access, pedestrian and vehicle access
to the school will have to be routed out onto
Highway 97.
7. Construct off-site sidewalks along Poplar and
Amethyst or submit a separated bike and pedestrian
plan that meets the Statements of Intent of the
Plan for residential areas (p. 32-33) statement
numbers 40, 41, 42, 43 and 44.
C. The Bend Fire Department states that the applicant must
provide fire hydrants, fire flows and access roads as
required by Uniform Fire Code.
D. The Watermaster's Office states that the applicant needs
to go through Arnold Irrigation District to make sure the
water rights are taken care of before final approval is
given.
E. The County Environmental Health Division states that the
school is to be connected to the Bend community sewer and
water systems.
F. The County Property Address Coordinator states that the
applicant must put correct street names on the maps. The
plat must be reviewed by the PAC before final approval.
G. US West Communications states that the customer will be
responsible for conduit, trench, equipment room
backboard, ground and pull string in conduit. Serve from
Poplar Street along Brookswood Boulevard.
H. The Oregon Department of Fish and Wildlife and the County
Building Division had no comments.
PAGE 5 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1930
PLAN AMENDMENT CRITERIA
1. The criteria used to review plan amendments is as follows:
Plan changes shall be consistent with the
goals, objectives, policies, and statements of
intent, or these guidelines shall be first
changed or amended to reflect new policy. An
individual requesting a change shall
demonstrate that the change is warranted due
to changed circumstances, a mistake or other
specific facts that demonstrate a public need
and benefit for the change.
The goals and objectives are:
A. To retain and enhance the character and quality of the
Bend Area as growth occurs.
B. To provide a sound basis for urbanization by establishing
property relationships between residential, commercial,
industrial and open land uses.
C. To encourage City and County cooperation in the provision
of urban services in order to bring about a more orderly
development pattern and thereby avoid unnecessary tax
burdens and excessive utility costs usually associated
with scattered, unrelated development.
D. To recognize and respect the usual natural beauty and
character of the area so that the feeling of Central
Oregon can be retained within the community as growth
occurs.
E. To significantly improve the appearance of the community,
particularly along Highway 97, as one means of
recapturing the individual and distinct identity of the
Bend Area.
F. To provide a safe and coordinated transportation and
circulation system to bring about the best relationships
between places where people live, work, shop and play.
G. To bring about a general increase in population density
throughout the community in order to facilitate future
public transportation systems as energy supplies
diminish.
H. To retain and enhance desirable existing areas and to
revitalize, rehabilitate or redevelop less desirable
existing areas.
PAGE 6 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
d }
4118-1931
I. To continually strive for excellence in all private
developments and public services within the constraints
of economic reality. Economic reality should not be
interpreted as maximum profit for minimum investment or
as maximum local budgets for maximum services.
J. To encourage and promote innovations in development
techniques in order to obtain maximum livability and
excellence in planning and design for all new
developments.
K. To continually explore, within the limits of the public
health, safety and general welfare, innovations in
development or regulations in order to promote maximum
livability for the people of the community.
The Transportation Element language for Brookswood is as
follows:
North -south arterials include Brookswood
Avenue, which is shown to extend from Wilson
Avenue south to Baker Road parallel to Highway
97. It passes through an undeveloped section
which is partially identified as open space.
The alignment through this area is intended to
be flexible to accommodate the protection of
the open space while provid4.ng for the street.
FINDINGS OF FACT: PLAN AMENDMENT
1. The applicant has included several policies in the Plan as
they relate to the proposed realignment. The applicant has
stated four plan goals and objectives on Page 3 of the Plan as
being applicable to the proposed amendment. The Hearings
Officer concurs with the goals and objectives listed by the
applicant.
2. The Hearings Officer finds the proposed road helps to
establish proper transportation relationships that will
ultimately occur once the entire Brookswood Boulevard
connection is completed.
3. The Hearings Officer finds that the proposed realignment is
consistent with the general policies cited above. The
realignment will allow the road to be constructed without
significant impact on adjacent residential development. The
northern portion of Brookswood on what is currently the
Thompson property will be located away from residences. The
southern portion of Brookswood will be located adjacent to
undeveloped land. The Brookswood realignment will take the
proposed road off of a meadow and locate it on the east
PAGE 7 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118--1932
boundary of the Thompson property. The relocation also
assures more efficient redevelopment of the remainder of the
subject property by preventing it from being bisected by
Brookswood. The new road will change the character of the
area, but it is a change anticipated by the Bend Area General
Plan for future urban transportation needs.
4. The County Public Works Department has made site visits to the
area and have reviewed the information submitted by the
applicant. Public Works concurs the proposed new alignment
will work from an engineering standpoint. It appears, based
on the aerial photo submitted, that the proposed alignment
does not require the removal of structures, but will require
the condemnation of several parcels.
5. The location of Brookswood is flexible, and can be realigned
depending upon what open space warrants protection and where
the road can be accommodated. The Hearings Officer concurs
with applicant's findings that the realignment will
accommodate future traffic needs and will preserve the meadow
that exists ont he subject property. In addition, the
realignment will foster the redevelopment of the remainder of
the subject property by having the arterial road at its
eastern border, rather than bisect the subject property. This
area is designated for residential development and is within
the Inner (Initial) Urban Growth Boundary for Bend. With the
recent Awbrey Hall fire, the "Area of Special Interest" on the
subject property may be subject to change.
6. The change is warranted due to the acknowledgement in the Plan
that the alignment should be flexible to preserve the natural
features. The meadow is a natural feature that warrants
preservation. The subject property has no current development
plans other than the elementary school.
7. A portion of the subject property is designated as a Wildlife
Preserve. With the recent Awbrey Hall fire, that preserve is
potentially lost and may also be subject to change. If, as
the applicant states, the loss of the preserve makes the
property more suitable for development, there is a change in
circumstances for the subject property. Most, if not all of
the area that was formerly a preserve has been changed
dramatically. There are stands of burned, dead ponderosa pine
trees, and areas where the trees have been logged. The
property, as stated by the applicant, can probably no longer
be considered a wildlife habitat. As an indication of this,
the Oregon Department of Fish and Wildlife did not comment on
any of the applications submitted.
PAGE 8 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1933
CRITERIA FOR CONDITIONAL USE PERMIT
A. That the location, size, design and operating
characteristics of the proposed use are such that it will
have minimal adverse impact on property value, livability
and permissible development of the surrounding area.
Consideration shall be given to compatibility in terms of
scale, coverage and density with the alteration of
traffic patterns and the capacity of surrounding streets
and to any other relevant impact of the proposed use.
B. That the site planning of the proposed use will, as far
as reasonably possible, provide an aesthetically pleasing
and functional environment to the highest degree
consistent with the nature of the use and given setting.
C. That if the use is permitted outright in another zone,
there is substantial reason for locating the use in an
area where it is only conditionally allowed, as opposed
to an area where it is permitted outright.
D. That the proposed use will be consistent with the
purposes of this Ordinance, the Comprehensive Plan,
Statewide Goals and any other applicable statutes,
ordinances or policies.
Bend Area General Plan
The Bend area General Plan recognizes the importance of
schools to the community, and that the School District is the
body charged with providing these facilities. The two
policies for schools in the Plan that pertain to the proposed
site are:
A. The School District shall participate in providing
necessary street, pedestrian and bike facilities adjacent
to the school sites as new schools are erected.
B. When a majority of a school's expected attendance will
reside within the IUGB, the School District shall make
every effort to construct such school (s) within the IUGB
where students can walk to the school.
The following General Policies section of the Plan also apply:
A. Urban Development shall be encouraged in areas where
urban services can be provided and in a manner which will
minimize tax costs related to necessary urban services,
such as schools, parks, highways, police, garbage
disposal, fire protection, libraries, and other
facilities and services.
PAGE 9 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1934
B. Schools and Parks shall be located to best serve the
anticipated population and provide maximum service for
the greatest economy in terms of expenditure of tax
dollars for both present and future residents. Sites
should be acquired in advance of need so that the best
are available for these vital public facilities.
FINDINGS OF FACT: CONDITIONAL USE
1. The location of the proposed school is in an area that is
developed for residences to the east (Romaine Village and
Homestead Subdivision), residential development to the south
(River Bend Estates and Deschutes River Woods Subdivisions),
and scattered residential development to the north and west
(larger lot sizes). The development to the west also includes
Sunrise Village, west of the river, which has dwellings on
parcels less than one-half acre in size. Generally, the
development in the surrounding vicinity (i.e. within one-half
mile) is somewhat low, with most dwellings on septic systems
and either private or public water systems, or wells.
2. The most significant impact of the proposed school site that
may affect adjacent residential developments would be traffic
impacts from the buses and other vehicles that would be
traveling to and from the school. Local property owners
expressing concern over the traffic impacts of the proposed
school, and more specifically the lack of sidewalks for local
school children to use while traveling (walking or riding) to
and from school. The Hearings Officer acknowledges that the
lack of sidewalks or walkways in the area is a concern which
needs to be addressed. As stated by the City transmittal
response, the need for a separated bicycle and pedestrian plan
that meets the intent of the Bend Area General Plan for
residential areas by providing adequate and safe access to the
schools for the students must be addressed.
3. The size, design and operating characteristics of the proposed
school will be similar to other schools, with a newer design
concept however. The elevation drawings indicate that the
school is to have CMU veneer siding and a standing seam
prepainted metal roof. The school will also have outdoor play
fields, open areas and landscaping. Much of the natural
vegetation is proposed to be preserved. Automobile and bus
traffic will be accommodated from Amethyst and from the new
Brookswood location and connection to Poplar. The school
layout includes two entrances, which also provides two exists
in case of fire or other emergency.
PAGE 10 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1935
4. The applicant will be required to make the road improvements
specified by County Public Works, which includes improvements
on the property. With these improvements, the impact on
traffic patterns and the adjacent streets should not be
adverse to the area. There will be an increase in traffic
caused by the school. The County roads in this area will
accommodate this traffic. Residents along these streets may
be opposed to the increase in traffic. The Hearings Officer
notes, however, that any residential development on the
subject property will also increase the traffic, and could
generate much more traffic than an elementary school.
5. The revised design and layout of the new middle school appear
to be well thought out and designed. Some of the attributes of
the design are that: access is available to both sides of the
site, play fields are located on both sides of the school,
with playgrounds and hard courts adjacent to the building,
windows are situated to take advantage of sunlight, and the
structure is located on a level portion of the site. Bicycle
racks must be provided in order to accommodate and facilitate
more bicycle use on the school site.
6. The applicant has indicated that earth tones are proposed for
the school. The applicant must specify the proposed colors to
be used on the exterior of the school to insure compatibility
with the area. Verification of the colors must be submitted
prior to issuance of a building permit, with approval from the
Planning Division required. The Hearings Officer finds with
the appropriate colors chosen, the proposed elementary school
will provide an aesthetically pleasing and functional
environment consistent with the school use and the existing
setting.
7. Public schools are not a permitted use in any zone. In the
zones where they are listed, a conditional use permit is
required.
8. The Hearings Officer finds that the proposed school site is in
conformance with the intent of the Plan. The school will
serve the population in the southwest portion of Bend, and
include areas such as Deschutes River Woods and River Bend
Estates. The cost of running the sewer system to the site
will be expensive, but will open up new areas for sewer
service, thereby having a positive impact on development in
the Bend area. The school will provide a recreation area for
the neighborhoods adjacent to the site, and the neighbors can
help provide vandalism protection by living next to and
watching the school site. The proximity of the school to
residential areas will allow many students to walk to school.
PAGE 11 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118--1936
9. The General Plan and implementing Ordinance recognize the RS
Zone as a legitimate zone for schools by providing them as a
conditional use. All of the residential type zones have
schools as a conditional sue. This site has the potential for
appropriate school amenities and will be used for them.
10. Issues raised at the hearing. At the initial hearing, several
issues were raised concerning vehicular, pedestrian and
bicycle access in this area. Because of the issues raised,
the Hearings Officer continued the hearing so that the School
District and the neighborhoods could attempt to resolve those
issues. Following meetings between the neighorbhoods, Public
Works and the School District, the District has agreed to
provide the following:
A. Complete Brookswood Boulevard from the school entrance to
Poplar.
B. Provide a 100-150 foot vegetated buffer between existing
homes and school facilities, including buildings and
playgrounds, as an alternative sound walls or earth berms
will be considered.
C. Provide district support for the implementation of
reduced speed limits (25 mph) on all collector roads
including Ponderosa, Poplar, Mahogany, Lodgepole and
Amethyst.
D. Participate in the development of sidewalks on at least
one side of all collector streets including Poplar,
Amethyst and Lodgepole.
E. Provide second vehicular access off Brookswood, allowing
only pedestrian access off Amethyst Street.
F. Provide mitigation of construction traffic to the
greatest extent possible, including the posting or
distribution of construction schedules with neighborhood
residents.
G. Prepare an emergency egress plan for the evacuation of
students.
H. Sidewalks and/or bike trails along the extension of
Poplar and Brookswood Boulevard.
I. A 10" diameter water main line extension connecting to
and augmenting existing 8" water lines on Poplar and
Amethyst.
PAGE 12 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1-937
J. A main line sewer extension in accordance with City of
Bend Master Pl#n through the neighborhood to the school
site.,"This sewer extension will be available to those
who desire to pay for a City sewer connection.
K. Subject to State of Oregon guidelines, provide service to
the Pinebrook Subdivision with a fifth bus to reduce the
walkers and parent drop-off.
L. The District shall install sidewalks along one side of
Amethyst from the school to Poplar and on one side of
Poplar from Brookswood to Ponderosa.
11. The Hearings Officer does find that although an extension of
Brookswood Boulevard both north and south would be ideal, that
alternative is presently cost prohibitive. The Hearings
Officer further finds that there is a tremendous need for
additional school facilities in this area. Presently, the
transportation of school children by bus across Highway 97 to
the Jewell School has two principal problems. They are:
A. Overcrowding at Jewell School.
B. Crossing of Highway 97 by these buses at uncontrolled
intersections.
The Hearings Officer believes that the status quo is
unacceptable and that the mitigating measures offered by the
School District are appropriate, reasonable and insure that
this conditional use permit will meet the requirements of the
Bend Urban Area Zoning Ordinance.
12. Based upon those findings, the Hearings Officer does find that
the proposed size, design and operating characteristics of the
school, as modified above, should have a minimal impact on the
property values, livability and permissible development in the
adjacent neighborhood.
SITE PLAN CRITERIA
1. Approval of a site plan shall be based on the following
criteria:
A. Safety and Privacy. Residential site plans shall be
designed to provide a safe living environment while
offering appropriate opportunities for privacy and
transitions from public to private spaces.
B. Special Needs of Handicapped. When deemed appropriate,
the site plan shall provide for the special needs of
handicapped persons, such as ramps for wheelchairs, drop
PAGE 13 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-181 SP -91-190 and MJP-92-2
0118-1938
curbs and handicapped parking stalls.
C. Preservation of Natural Landscape. The landscape and
existing grade shall be preserved to the maximum
practical degree, considering development constraints and
suitability of the landscape or grade to serve the
applicant's functions. Preserved trees and shrubs shall
be protected during construction.
D. Pedestrian and Vehicular Circulation and Parking. The
location and number of points of access to the site, the
interior circulation patterns, designs of parking areas
and the separation between pedestrians and moving and
parked vehicles shall be designed to promote safety and
avoid congestion on adjacent streets.
E. Buffering and Screening. Areas, structures and
facilities for storage, machinery and equipment, services
(mail, refuse, utility wires and like), loading and
parking and similar accessory areas and structures shall
be designed, located, buffered or screened to minimize
adverse impacts to the site and neighboring properties.
F. Utilities. All utility installations above ground, if
such are allowed, shall be located so as to minimize
adverse impacts on the site and neighboring properties.
G. Public Facilities. The proposed use shall not be an
undue burden on public facilities, such as street, sewer
or water system.
FINDINGS OF FACT: SITE PLAN
1. This criterion is directed mainly at residential site plans
for multi -family developments. However, the school site has
been designed to separate the school rooms and facilities from
parking and driveways to promote safety for students. There
should be ample room for students to be outdoors without
having to deal with traffic.
2. Regarding pedestrian, bicycle and vehicular access to the
site, see the Finding of Fact under the Conditional Use Permit
Findings, which are incorporated herein.
3. The applicant has indicated that the school site will be
handicapped accessible with drop curbs, and the site plan
indicates eight (8) handicap parking stalls. The structure
must meet all building code requirements for the handicapped.
PAGE 14 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1939
4. The applicant has indicated that as much of the existing
natural vegetation as possible will be preserved, that are not
needed to be removed for the structure, roads, ballfields and
parking areas. There will be substantial ground cover removal
due to the large size of the school, and the associated
facilities. However, the school site will retain much of the
natural landscape, with some areas left undisturbed. New
landscaping will also be installed ont he site. The applicant
will be required to submit a detailed landscape plan prior to
issuance of a building permit.
5. The subject school site is to have two accesses into the
facility, one for buses and automobiles and the other for
automobiles. The locations of these accesses are at points
with no apparent sight distance problems and will require that
Brookswood and the cul de sac for Amethyst be constructed.
The interior circulation patterns appear to be safe with
access roads and parking areas having adequate sight distances
with one way travel. The driveways must be constructed to the
24 -foot width indicated on the site plan drawing submitted
with the application. The parking stalls and the drop-off
areas for buses must be clearly marked with painted lines ont
he pavement and signage indicating the school bus drop-off
area. The handicap stalls must be clearly marked.
6. The site plan indicates a total of 112 parking spaces on both
sides of the school. These paces are accessed from Poplar and
Amethyst. The parking layout does meet the ordinance
requirements for size. The applicant has not indicated how
many employees or how many people will be accommodated int he
main auditorium. The Zoning Ordinance establishes the minimum
parking space requirements for elementary schools as 1 space
per employee or 1 space per 4 seats or 8 feet of bench length
in the main auditorium whichever is greater. The applicant
must provide the above information for the Hearings Officer to
make a recommendation on the parking.
7. The Hearings Officer finds that the road improvement for
Brookswood on the subject property must be completed. The
Hearings Officer finds that the road improvement for
Brookswood Boulevard must be completed to full urban standards
from the south property line north to the northern edge of the
driveway off of Brookswood. The applicant shall be required
to complete the construction of Brookswood to the north
property line once the northern portion of Brookswood
Boulevard is constructed within 100 feet of the north property
line of the school site.
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CU -92-181 SP -91-190 and MJP-92-2
r
0118-1940
8. Brookswood Boulevard is designated as an urban minor arterial
by the Bend Transportation Plan. The urban minor arterial
road standard, with no on -street parking, is a 36 -foot wide
paved road with curbs and sidewalks on both sides. This
includes a 10 -inch base with three inches of A.C. paving. The
applicant must complete Brookswood to this standard, or obtain
a variance to Title 17. The applicant may work with the
property owner to work out an agreement for co -payment of the
road improvement. The subject property will have greatly
increased potential for development, given the sewer extension
to the property and the creation of a new road serving the
property. The applicant must complete the necessary
improvements to Brookswood, or bond this improvement for
assurance of its construction to full urban standards. The
applicant may also attempt to obtain approval of a variance to
the urban minor arterial road improvement standards of Title
17.
9. The site plan and Burden of Proof Statement indicate that a
majority of all storage will be indoors out of view of
neighboring properties. All trash dumpsters shall be screened
form the adjacent road by a sight -obscuring fence or wall. As
stated above, the applicant must submit a detailed landscape
plan that demonstrates compliance with Section 19.76.080 of
Title 19 prior to issuance of a building permit.
10. The applicant has indicated that all utilities will be
underground. This will be made a condition of approval.
11. The applicant must meet all requirements of the City of Bend
for connection to the City sewer and water systems.
CRITERIA FOR PARTITION
1. Conformance with Section 17.28.020 of Title 17.
17.28.020 Requirements for approval.
A. No application for partition shall be approved unless the
following requirements are met:
1. Proposal is in compliance with Oregon Revised
Statutes Chapter 92, the Comprehensive Plan and
applicable zoning.
2. Proposal does not conflict with existing public
access easements within or adjacent to the
partition.
3. Each parcel is suited for the use intended or
offered.
PAGE 16 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1941
4. All required public services and facilities are
available and adequate or are proposed to be
' provided by the petitioner.
5. An approved water rights division plan, if
applicable.
6. Partitions adjoining SM zones shall be approved on
the condition that deeds for parcels created by the
partition will contain a statement noting the
existence and location of such zones in relation to
the subject parcel.
FINDINGS OF FACT
1. The proposed partition and final plat will be in compliance
with ORS 92 if all requirements of Title 17 are met. The
partition is in compliance with the Bend Area General Plan.
The two parcels will meet the road frontage standards of Title
17 and 19 and the 15 -acre parcel is to be utilized for an
elementary school site. The remainder of the parcel has no
proposed use or development at this time. This large
remainder lot has increased potential for development with the
school project, specifically with the improvements to the City
sewer system and the roads in the immediate area. This
improvement to public facilities will open up the property for
potential increased density.
2. The proposed partition does not conflict with existing public
access easements on the property or in the area. The plan
amendment to move the alignment of Brookswood will require
that certain properties be condemned and that a road be
established where none existed before. The existing roads in
the area, Poplar and Amethyst will be tied into the school
development and should not be affected by the partition.
3. The 15 -acre parcel will be suitable and sufficient for the
proposed elementary school site. The applicant has designed
the school site with Brookswood on the west boundary of the
15 -acre site. The remainder parcel has no specific use
proposed at this time. It is currently zoned RL, Urban Low
Density Residential. This may be subject to change with the
extension of the City sewer system. This remainder parcel has
potential for urban residential development. It is not
critical at this time that the applicant specify a use or
development pattern for the larger parcel.
4. The subject property is currently undeveloped. The applicant
will be required to obtain letters from the utility companies,
including the City of Bend for sewer service connection, and
possibly water service connection, prior to final approval.
PAGE 17 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1942
5. No transmittal response was received from the Arnold
Irrigation District. It appears that the subject property has
water rights associated with it. The applicant will be
required to verify the water rights through the appropriate
certificate number or water right number on the final plat,
with the signature of the District's manager on the final
plat.
BASED UPON the foregoing Findings of Fact, the Hearings Officer
hereby recommends APPROVAL of the plan amendment to move the
alignment of Brookswood Boulevard on the Bend Transportation Plan
Map, and APPROVES the partition, conditional use permit and site
plan subject to the following conditions:
1. The road improvements and all dedications shall be
completed prior to the beginning of student attendance
for the first school year proposed (i.e. prior to
September of 1992 or 1993, whichever is the proposed
first school year).
2. The applicant shall meet all requirements of the City of
Bend for connection to the City sewer system, including
public and private ownership.
3. In lieu of the above, the applicant shall meet all
requirements of the Oregon Department of Environmental
Quality for an on-site sewage disposal system, should the
school not be connected to the City's sewer system.
4. The applicant shall sign a Consent to Annexation with the
City of Bend.
5. The applicant shall meet all requirements of the Bend
Fire Department, including the necessary fire hydrants
and minimum fire flows. The applicant shall submit the
water plans to the City and/or County Public Works
Department for compliance with the Uniform Fire Code.
6. The applicant shall meet all requirements of Arnold
Irrigation for use, sale or transfer of any water rights
that exist on the property.
7. The applicant shall meet all requirements of the
Deschutes County Building Safety Division and/or the
State of Oregon.
8. The applicant shall submit a detailed Landscape Plan
meeting the requirements of Section 19.76.080 of Title 19
prior to the issuance of a building permit for the
school. The landscape plan shall require Planning
Division approval.
PAGE 18 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
0118-1943
The applicant shall submit written verification of the
proposed exterior colors of the elementary school prior
to issuance of a building permit. The colors shall
require Planning Division approval.
10. Trash dumpsters shall be screened from adjoining
residences and Brookswood Boulevard through use of a
concrete or similar wall painted in the same general
color as the exterior of the school, or a cyclone fence
with colored slats.
11. All surface water drainage shall be accommodated on-site.
The applicant shall meet the Oregon Department of
Environmental Quality requirements for surface water
drainage through use of catch basins and drywells.
12. The applicant shall submit a pedestrian and bicycle
access plan to the County for review by the County and
City staffs.
13. The applicant shall verify in writing to the Planning
Division the total number of employees and/or the number
of seats or bench length in the main auditorium. The
minimum parking standards shall be met.
14. The applicant shall sign and enter into a Development
Agreement with Deschutes County to ensure that all
elements of the Site Plan shall be installed and
maintained as approved. This Agreement shall be approved
and recorded with the Deschutes County Clerk prior to
issuance of a building permit.
15. If a building permit for the proposed school has not been
issued within two ( 2 ) years, the conditional use and site
plan approval shall be void.
16. The applicant shall obtain written verification from the
City of Bend that the subject parcels will be connected
to the Bend sewer system prior to final approval.
17. The final mylar shall be prepared in accordance with
Title 17 of the Deschutes County Code. The partition
shall be surveyed and monumented by a licensed land
surveyor and a final map submitted to the County
Surveyor. The final mylar shall include the exact lot
sizes for each parcel.
18. The applicant shall dedicate 80 feet of right of way for
Brookswood across the subject property, and dedicate a
cul de sac bulb for Amethyst with a minimum radius of 50
feet. The applicant shall submit a title report for the
PAGE 19 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
''. 0118-1944
subject property verifying evidence of marketable title
and all ownership interest in the property, and that no
encumbrances existing on the property being dedicated.
If any encumbrances exist, they shall be removed prior to
acceptance by the County. All persons with an ownership
interest in the property shall sign the final mylar.
19. The applicant shall obtain access permits from the County
Public Works Department for Brookswood and/or Amethyst.
20. The applicant shall sign Sewer and Consent to Annexation
Agreements with the City of Bend.
21. The applicant shall meet all requirements of the Bend
Fire Department for fire protection on the subject
property, including minimum fire flows and hydrant
locations. The Fire Department shall sign the final
mylar.
22. Water rights on the subject property must be indicated on
the final mylar, with the plat signed by Arnold
Irrigation District. The final plat shall include the
appropriate water right certificate number or water right
number. Any irrigation easements or points of delivery
required by the District shall be shown on the final
mylar.
23. The applicant shall obtain letters from the utility
companies stating their ability and intent to serve the
proposed parcel.
24. All advalorem taxes, fees or other charges that have
become a lien upon the entire parcel shall be paid.
25. All required road improvements shall be completed or
assured through bonding or other form of security
approved by County Legal Counsel and an Improvement
Agreement signed, prior to final plat approval.
26. The applicant is to improve Brookswood across the site
from the northern school entrance to Poplar to the
following standard: 36 feet of paving width (0.9 matt
surface) over a 10 inch aggregate base with 4 foot wide
gravel shoulders. The applicant must bond the
improvement from the northern school entrance site to the
north property line or enter into some other appropriate
agreement approved by County Council regarding that
improvement. Improvements to Brookswood from the school
entrance south to Poplar shall be the responsibility of
the developers and/or property owners.
PAGE 20 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
"118=1945
27. The applicant is to extend Poplar from the end of the
paving to the new Brookswood. This improvement is to be
made to the Local Urban Area Street Standard of 36 feet
of 2 inch A.C. paving over a 6 inch gravel base with
concrete curbs and sidewalks.
28. The cul-de-sac bulb on Amethyst is to be improved by
paving to a radius of at least 45 feet with a 2 inch A.C.
paving over a 6 inch gravel base with concrete curbs and
sidewalks. In the alternative, the design of
improvements to that end of Amethyst shall be altered if
such changes are approved in writing by the Public Works
Department. A landscape island may be placed in the
middle of the cul-de-sac bulb providing it is defined by
a concrete curb, watered and maintained by the District.
29. The School District shall adjust the location of the
building and parking lots on the site to provide a
minimum of 160 feet from the building to the nearest
adjacent property and shall provide a 50 foot vegetative
buffer between its east property line and any playfields.
Additionally, the District shall install additional
landscaping buffer where required along the east property
line. In lieu of additional vegetative buffer, the
District shall consider a CMU sound attenuation wall
between Lot 11, Block 15 and School District property.
30. The District shall provide support in an effort to reduce
the speed limit and increase awareness of the presence of
children on all neighborhood streets.
31. Conditioned upon City and County approval, and the
completion of Brookswood Boulevard, the District shall
provide a second access drive off of Brookswood Boulevard
and designate the Amethyst Street access as pedestrian
only.
32. The District shall provide construction traffic
mitigation by restricting any equipment movement to non -
peak traffic times, and by posting a construction
schedule at Romaine Village Recreation Center.
33. The District shall provide an emergency egress plan for
the emergency evacuation of students from the school.
34. The District shall provide a sidewalk and/or bike trail
along the extension of Brookswood Boulevard.
35. The District shall construct a 10 inch diameter water
main line extension connecting to and augmenting the
existing 8 inch water lines on Poplar and Amethyst.
PAGE 21 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
-0118-1946
36. The District shall provide a main line sewer extension in
accordance with the City of Bend Master Plan through the
neighborhood to the school site. This sewer extension
shall be available to those who desire to pay for a City
sewer connection.
37. Subject to State of Oregon guidelines, the District shall
provide service to the Pinebrook Subdivision with a fifth
bus.
38. The District shall install sidewalks along one side of
Amethyst from the school to Poplar and on one side of
Poplar from Brookswood to Ponderosa.
39. All conditions of preliminary approval shall be completed
and a final mylar signed and recorded with the County
Clerk within two ( 2 ) years or the approval shall be void.
THIS DECISION BECOMES FINAL TEN (10) DAYS FROM THE DATE MAILED,
UNLESS APPEALED.
I
DATED and MAILED thieth day of May, 1992.
EDWARD P. FITCH
cc: BOCC
Deschutes County Planning
Deschutes County Planning
Barney Lerten
John Montgomery
Brad and Debbie Pertner
Cliff and Viola Anderson
Charles Cushman
Ed Duffy
Dan Crates
R. W. Sawyer
Rod Cathcart
Dave Gill
James L. Chapel
Gary Rigsby
Rodney J. Cross
David Ford
Kent C. Randall
Gary Bruner
Bob Smith
Bryon Cotton
Renee and Bruce Rosenquist
Mr. and Mrs. Mel Baker
Commission
Director
Tim and Susan Olson
Robert Nelson
Donna Selsor
J. H. Lungelbach
J. Barry
John and Tempe Stolz
Jerry & Jody Hapgood
Diane Randall
Mary Dearing
Gordon Morrison
Ann Jambrisk
Nancy Mills
Jeff and Kelly Moltzau
Jim Burn
John and Maribeth Sellers
Pam MacGuirn
E. J. Duffy
Katie Higgins
Frank Rosga
Gloria Juarez
PAGE 22 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2
r
Norman and Lavonne Delzer 0118-1947
David Gill
Jeff and Kelly Maltzan
Michael Lovely
John Montgomery
Gary and Ruby Rigsby
John Stolz
PAGE 23 - FINDINGS, DECISION AND RECOMMENDATION, File Nos. PA -92-1,
CU -92-18, SP -91-190 and MJP-92-2