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1993-27540-Ordinance No. 93-033 Recorded 7/15/199393-2'7540 BEFORE THE BOARD OF COUNTY An Ordinance Amending Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance, As Amended, Changing the Zoning from UAR-10, Urban Area* Reserve to CH, Highway Commercial on a Parcel of Real Property Located in Section 9, Township 17 South, Range 12 E.W.M., Deschutes County, Oregon, and Declaring an Emergency. ORDINANCE 93-033 0127--0696 ~0696 WHEREAS, Jim and Lori Wilson have requested that certain property, identified herein be rezoned to conform to the Bend Area General Plan designation currently in existence; WHEREAS, a hearing was held, after notice given in accordance with law, before the County Hearings Officer; WHEREAS, the Hearings Officer recommended approval of the proposed zone change; WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COIGUSSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS, as follows: Section 1. Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance, as amended, is further amended to change the zone designation of the property described on the attached Exhibit A, and as depicted on Exhibit B, attached hereto and by this reference incorporated herein, from UAR-10, Urban Area Reserve to CH, Highway Commercial. Section 2. To adopt as its decision and findings the Findings and Decision of the County Hearings Officer dated May 20, 1993, relating to Zone Change Application ZC-93-2, marked Exhibit C, attached hereto and by this reference 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. ;13 y t�HED A 19993 tA1CR�EII.MED ORDINANCE NO.93-033 1 DATED this /4(A day of S , 1993. i ATTEST: Recording Secretary ORDINANCE NO.93-033 2 0127-0697 BOARD Op COUNTY CONNISSIONERS DESCHUTM COUNTY, OREGON x� \a ' ��6` ," *-V BARRY H. SLAUGHT , Commissioner OF 0127-0008 EXHIBIT A A tract of land lying in the Southeast one-quarter of the Southwest one-quarter of Section 9, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows: Beginning at the southwest corner of Section 9; thence South 89 degrees, 34' 20" East 1322.33 feet; thence North 0 degrees 19' 33" West 47.40 feet to the true point of beginning; thence North 0 degrees 19' 33" West 1279.27 feet; thence North 89 degrees 47' 07" East 326.05 feet; thence South 5 degrees 47' 54" West 493.75 feet; thence South 45 degrees 33' 38" East 370.55 feet; thence South 2 degrees 26' 19" West 441.23 feet; thence South 34 degrees 50' 32" West 93.09 feet; thence South 88 degrees 22' 21" West 461.71 feet to the true point of beginning, excluding any portion thereof in the right of way for Hunnell Road. scaLE t j4600 t o t t00 400 ELT �r�� :LJME7E.t Ila I4 .� PI i rte_ -t scaLE t j4600 t o t t00 400 ELT �r�� :LJME7E.t EX14181 T C FINDINGS AND DECISION FILE NOS.: ZC-93-2, MP -93-6 APPLICANT: Jim and Lori Wilson 21692 Rickard Road Bend, OR 97701 0127-07 00 REQUEST: Applications for a Zone Change to change the zoning on a parcel from UAR-10, Urban Area Reserve, to CH, Highway Commercial, and a partition to divide an 11.21 acre parcel into two lots. PLANNING STAFF REPRESENTATIVE: Paul Blikstad BURDEN OF PROOF: The applicant must establish that the proposed zone change and partition conform with Chapters 19.12., 19.52 and 19.116 of Title 19 of the Deschutes County Code, the Bend Area General Plan and Title 22 of the Deschutes County Code. PRELIMINARY FINDINGS 1. LOCATION: The subject property is located at 20520 Cooley Road, in Bend, and is described on the County Assessor's map as 17-12-9C, Tax Lot 400. 2. ZONE: The subject property is zoned UAR-10, Urban Area Reserve, and is designated Highway Commercial on the Bend Area General Plan. The subject property is within the Inner Urban Growth Boundary (IUGB) even though it is zoned urban reserve. HEARING AND EXHIBITS The hearing on the above -referenced application was held on May 4, 1993, at the City of Bend Public Works Building. The following exhibits make up the record in this matter: A. Application; B. Burden of Proof Statement; C. Aerial photograph; D. Proposed partition map; and E. Staff Report. PAGE 1 - FINDINGS AND DECISION, File Nos. ZC-93-2, MP -93-6 012'7--0'-1'0 1 FINDINGS OF FACT The Hearings Officer approves and incorporates the Criteria and Findings of Fact set forth in the Staff Report attached hereto as EXHIBIT "A", except as specifically modified in this decision. BASED UPON the foregoing Findings of Fact, the Hearings Officer hereby APPROVES the zone change as this area is designated as commercial in the Bend Area General Plan, and such zoning would be consistent with the terms and provisions of the Plan. The Hearings Officer further APPROVES the partition. In approving the partition, the Hearings Officer does not approve a specific use for the subject property. It is recognized that sewer is probably unavailable to this site for sometime in the near future. A low intensity commercial use could, however, utilize a septic drainfield if approved by the County Sanitarian. This Hearings Officer further finds that the applicant will, at the time of any application for a specific use, have to establish that there is adequate water to this site. There is an Avion water line adjacent to the property. However, this property is within the City of Bend water service area. That issue will have to be resolved between the applicant, the City of Bend, and Avion Water Company prior to approval of any use of the property. The partition is APPROVED subject to the following conditions: 1. 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 surveyor and a final map submitted to the County Surveyor. The final mylar shall include the exact lot sizes for each parcel, including net and gross acreages. 2. The applicant shall obtain letters of acceptance and completion from the utility companies demonstrating that electric and phone service have been installed to each lot. 3. The applicant shall dedicate right of way for Cooley Road to 40 feet from the centerline. The applicant shall submit a title report that demonstrates evidence of marketable title to the property and that no encumbrances exist on the land being dedicated. If any encumbrances exist, they shall be removed prior to acceptance by the County. 4. The applicant shall improve Cooley Road to a half -street arterial road standard, with widening and a curb and sidewalk along the property frontage. The applicant shall improve Hunnell Road to an urban local standard with a 36 -foot side paved road and a curb and sidewalk on PAGE 2 - FINDINGS AND DECISION, File Nos. ZC-93-2, MP -93-6 0127--0102 the east side of the road. The applicant may, in lieu of the improvements, assure their completion through bond or other form of security approved by the County Legal Counsel, prior to recording of the final plat. 5. The applicant shall meet all requirements of the County Public Works Department for access permits. 6. The applicant shall sign sewer, water and annexation agreements with the City of Bend for the subject property prior to final approval. 7. Water rights for the subject parcels shall be indicated on the final mylar, with the appropriate water right certificate number or water right number, and the signature of an authorized person from Swalley Irrigation District on the final mylar. B. All advalorem taxes, fees and other charges that have become a lien upon the entire parcel shall be paid. 9. All easements shall be shown on the final mylar. 10. All conditions of preliminary approval shall be completed and a final mylar drawing signed and recorded with the County Clerk within one (1) year or the approval shall be void. THIS DECISION BECOMES FINAL TEN (10) DAYS FROM THE DATE MAILED, UNLESS APPEALED. DATED and MAILED this 20th day of May, 1993. EDWARD P. FITCH cc: BOCC Deschutes County Planning Commission Deschutes County Planning Director City of Bend Planning Director Barney Lerten Walt Reuber PAGE 3 - FINDINGS AND DECISION, File Nos. ZC-93-2, MP -93-6 DESCHUTES COUNTY PLANNING DIVISION STAFF REPORT ZC-93-2, MP -93-6 Tuesday, May 4, 1993 7:00 P.M. 0127-0703 City of Bend Public Works Building 1375 NE Forbes Avenue Bend, Oregon 97701 Uim'and Lori Wilson 21692 Rickard Road Bend, Oregon 97702 AGENT: Walt Reuber Manzanita Properties 230 SE Third Street Bend, Oregon 97702 REQUEST: Applications for a Zone Change to -change the zoning on a parcel from UAR-10, Urban Area Reserve, to CH, Highway Commercial, and a Partition to divide an 11.21 -acre parcel into two lots. REVIEWER: Paul Blikstad, Associate Planner I' Ia11D. *' _ ••' A. Chapters 19.12 and 19.52 of Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary Zoning Ordinance, establish uses and standards for the UAR-10 and CH zones, respectively. . B. Chapter 19.116 of Title 19 establishes standards for amendments to the Bend Area General Plan and Zoning boundaries. ZC-93-2,MP=93-6 PAGE 1 Exhbit Page 0127-"0104 C. The Bend Area General Plan establishes an overall planning and development framework for the Bend urban area. D. Title 22 of the Deschutes County Code establishes procedures for all land use applications in the County. FINDINGS OF FACT: 1. LOCATION: The subject property is located at 20520 Cooley Road in Bend and is described on the County Assessor's map as 17-12-9C, tax lot 400. 2. ZONING: The subject property is zoned UAR-10, Urban Area Reserve, and is designated Highway Commercial on the Bend Area General Plan. The subject property is within the Inner Urban Growth Boundary (IUGB) even though it is zoned urban reserve. 3. SITE DESCRIPTION: The subject property is 11.21 acres and is generally level with a vegetative cover of juniper trees and scrub brush. The property has.an existing mobile home park located on the southern end. Hunnell Road, an unimproved cinder road exists to the west, and Cooley Road, a somewhat narrow paved road exists to the south. Surrounding land use includes the KOA campground facility to the east, a lumber yard and the abandoned drive-in theater to the south, scattered residences to the west, and vacant land to the north. 4. The applicant is requesting approval of a Zone Change on the subject property from UAR-10, Urban Area Reserve, to CH, Highway Commercial. The applicant is also requesting approval of a Minor Partition to divide the property into two lots of approximately 6 acres and 5 acres. The applicant has submitted a burden of proof statement addressing the zone change criteria and partition standards. 5. The Planning Division sent notice of.the proposed zone change and partition to several public agencies and received the following responses: A. The County Public Works Department submitted the following conditions: 1. 2. 3. ZC-93-2,MP-93-6 PAGE 2 The plat must be prepared by a surveyor. All property corners and public must be located and monumented. licensed land rights of way Access permits must be obtained from Public Works for any new accesses to either Hunnell Exs"ill ?L Page Road or Cooley Road. 010207-07 05 4. A turnaround must be provided on the property so that vehicles do not have to back out onto Hunnell or Cooley Roads. 5. The applicant is to dedicate 40 feet of land from the centerline along the entire frontage of the property for additional public right of way for Cooley Road. 6. The applicant is to make the following improvements to Cooley Road: pave to 24 feet from the centerline with a curb and sidewalk; improve Hunnell Road to the local urban road standard of 24 feet with a curb, or place money in a trust account with the County for these improvements. 7. The applicant is to install and maintain all landscaping so as to not interfere with the required sight distance at the intersection of any driveway and Hunnell or Cooley Roads.or the intersection of these two roads. S. No new vehicular access shall be allowed directly to Cooley Road. 9. The following services shall be provided to each lot by the applicant or ensured through a development agreement prior to signing of the partition plat by the Public Works Director: Power, telephone, acceptable road for ingress and egress, public sewer or an approved septic feasibility report from the County Sanitarian (public sewer preferred if available), and an acceptable public or private community water system. B. The City of Bend states the following recommended conditions: . 1. The property is within the City of Bend water franchise area. The applicants must extend the existing 12 -inch waterline from the east side of Highway 97 to the property to serve the partition. The extension must be in accordance with all City standards and policies prior to final partitioning. 2. The existing sewer is.at the the Mt. View Mall. The extend a force main and station from the Mt. Vie w ZC-93-2,MP-93-6 PAGE 3 south boundary of applicant's must construct a pump Mall or they may E;4an;,t Page extend the force main east, and pump to the south to site and future City sewer 0127-0706 across Highway 97 the future school system. 3. The applicants do not appear to meet the zone change criteria for promotion of an orderly pattern and sequence of growth or the criteria that this zone change will result in the orderly extension and efficient extension or provision of public services, which includes sewer and water. The utilities are not in place to justify this zone change at this time. The applicants have not addressed the zone change criterion that there is a proof of change in circumstances or mistake in the original zoning. C. Deschutes Reclamation and Irrigation Company (Swalley Water) states that they have no objections to the proposed changes. They have enclosed a map of the trailer park's water rights which appear to have both rights and the pond in the area to be partitioned out of the park. D. The Bend Fire Department states that water will be required for fire flows when any construction begins. E. The County Property Address Coordinator states that the existing address is subject to change. If this application is approved, the applicants will need to contact the PAC for new addresses. F. The Watermaster's Office states that the applicant will need to check with Swalley I.D. to make sure any water rights are taken care of before final approval. G. Cascade Natural Gas, US West Communications and Avion Water Company had no comments. 6. The public notice for the proposed applications has not been sent out at the time of writing of this staff report. 7.. The subject property is a legal Lot of Record. 8. There are no surface mines adjacent to or within one-half mile of the subject property. CONCLUSIONS OF LAW: 1. Section 19.116.030 of Title 19 establishes the "Standards for Zone Change" as follows: ZC-93-2,MP-93-6 PAGE 4 Exhibit page The burden of proof is upon the one seeking change. The degree of that burden increases proportionately with the degree of impact of the change which is sought. The applicant shall in all cases establish: U1 0207-0767 207 .11 7 67 A. That the change conforms with the Comprehensive Plan. Specifically, the change is consistent with the plan's intent to promote an orderly pattern and sequence of growth. B. That the change will not interfere with existing development, development potential or value of other land in the vicinity of the proposed action. C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. D. That the change will result in the orderly and efficient extension or provision of public services. Also, that the change is consistent with the County's policy for provision of public facilities. E. That there is proof of a change of circumstance or a mistake in the original zoning. 2. The Bend Area General Plan has the following relating to the proposed zone change. Under the general policies and recommendations section, the following two policies are applicable: 1. 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. 6. Commercial facilities should be allocated in a reasonable amount and in a planned relationship to the people they will serve. Efforts shall be made to separate commercial and noncommercial uses through the use of walls, fences, or landscaping, and open space. Highway commercial areas are intended to provide for those uses which have large site requirements, or are oriented to highway access, or provide service to the traveling public. Uses could include motels, auto agencies, building material sales, mobile home or trailer sales, equipment sales and rental. In addition, ZC-93-2,MP-93-6 PAGE 5 Exhibit .moi.. Page 0127-0708 highway commercial areas could include uses described for limited commercial areas as well as commercial recreation facilities, such as bowling alleys, drive-in theaters, miniature golf courses, or similar activities. Commercial areas designated on the plan generally recognize and reinforce existing development and zoning patterns within the planning area, and suggest locations for additional commercial development. Most existing commercial uses in the urban area occur as part of a more or less continuous strip along the major north - south and east -west routes through the city and in downtown Bend. These commercial areas account for most of the commercial land use in the planning area. Although the plan recognizes the existing strip commercial development along major highways in the area, it strongly recommends that new commercial developments occur in centers rather than as strips or extensions of the existing strips along major highways. (emphasis added) The following Statements of Intent of the Plan for commercial areas are applicable to the subject application: 1. Strip commercial developments shown on the plan along highways shall not be extended. 2. No new strip commercial shall be permitted along major or secondary streets. 5. Zoning for commercial centers other than those shown on the plan should be allocated on a basis of apparent need, and this need should be supported by "real world" data by the applicant. 9. Care should be taken to control the size of any other new commercial developments that may be required as growth occurs. Sites should not be oversized to a point where additional uses which would generate traffic from outside the intended service area are necessary to make the development an economic success. Staff findings: 19.116.030 A. Staff has reviewed the Bend Area General Plan with respect to the highway commercial zone, specifically the policies and statements of intent of the plan. Staff notes that the subject property is already designated as highway commercial on the plan and it is unclear whether the subject property ZC-93-2,MP-93-6 PAGE 6 Exhibit Page was included in the assumptions based on the plan policies. If it was included, which is highly likely, the subject property has already determined to be an approp , a e site for commercial development. 7-0709 For commercial development to occur on this property, public utilities such as community sewer and water would need to be constructed (provided) to the property. A mobile home park exists on the south end of the property. The subject property is far enough away from existing facilities to have a significant financial investment required to develop the property for commercial use. If a potential developer of the property, presumably the north one-half which is vacant, were to submit for site plan review for development, these services would be required. No commercial use of the property would be allowed without extending sewer and water to the site. Whether that extension should occur at the partition stage will be based on the nexus between the partition and the requirements suggested by the City. With the utilities extended, or agreements signed for sewer, water and annexation, and the adjacent roads improved to urban standards, the proposed zone change and potential development would be consistent with the Plan's intent to promote an orderly pattern and sequence of growth. M As stated above, the subject property is already designated highway commercial on the Plan. The development in the area includes commercial uses to the east, such as the ROA campground, lumber yard, wrecking yard, mobile home and recreational vehicle sales facilities, an abandoned drive-in theater, and further to the south is the Mt. View Mall. To the west is land developed at a low density, with a few scattered dwellings and a church. -The subject property also has the existing mobile home park. The proposed change will have no impact on this development, nor interfere with the development potential of either the commercial land to the east and south, or the urban reserve land to the west. The value of the land in the area will not be affected by the proposed change. If there is a change, property values would likely increase rather than decrease based on the change from urban reserve to commercial. C. The purpose of the Highway Commercial zoning is stated both in the Plan and implementing zoning ordinance as follows: "This zone is intended to provide for those uses which have large site requirements, or are oriented to highway access, or provide service to the traveling public or are dependent on thoroughfare travel. In addition, highway commercial zones can include limited commercial uses and commercial recreation facilities." ZC-93-2,MP-93-6 PAGE 7 Exhibit Page r _ 0127-07 10 The proposed zone change will create a new 11.21 -acre commercial area, of which five acres will be taken up by the existing mobile home park. Staff finds that the mobile park will probably be taken over by commercial use at some point in the future if the zone change is approved. The remaining 6 -acre parcel has the potential for commercial development, either for a large commercial use or several smaller ones. It will have access to Hunnell Road and be accessible from Highway 97 via Cooley Road and Hunnell. It will not have direct frontage on the highway so the commercial uses that may occupy it will probably not be ones that rely on visibility for customers. Substantial investment costs in developing the property will be needed, for sewer, water and road installations. FM Public services in the area already include fire and police protection, schools and parks. The subject property will eventually be annexed to the City of Bend, and will have City police and fire as part of the development of it. By the time the property is developed for commercial use, the City and County will probably have systems development charges which will go towards public services such as parks. Public facilities in the area now include roads, power and phone, with possible cable and natural gas. The applicant will be required to either improve or bond for improvement the subject property's frontage on both Cooley Road and Hunnell Road as part of the Partition approval. The applicant should also sign sewer, water and annexation agreements with the City of Bend. The installation of the city facilities can be required either at the Partition stage or at the time of further development of the property. The Hearings Officer must decide which is the more appropriate. E. Staff is not sure as to the reasons for the subject property being designated highway commercial on, the Plan, and having it zoned urban reserve. This property, along with the property directly east are both in the same situation, designated commercial, zoned urban reserve. It is only a matter of time before the remainder of tax lot 500 is also changed to commercial, as the part of it used for the campground already is commercial. Staff does not necessarily believe the zoning is a mistake. There appears to be a change of circumstance, as much of the highway commercial land is being developed, such as for large commercial uses for ShopKo, Fred Meyer, Wagners, Wal-Mart, Costco, as well as the property to the south for a possible relocation of Food 4 Less and a new Ernst store. The Bend Parkway will also take out some land zoned highway commercial. The subject property is within the IUGB and is designated for commercial use on ZC-93-2,MP-93-6 PAGE 8 E,�hibit ! l Page _ the Plan. Staff finds that there is a change of circumstance since the.Plan was updated in 1979. Almost fourteen years of development have occurred, some of it in large chunks, as mentioned above. 01207-07 11 3. 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; 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. Staff findings: A. (1) The proposed partition will be in compliance with ORS Chapter 92 if all requirements of Title 17 are met. The proposed partition will be in compliance with the comprehensive plan and zoning if the applicant improves the two roads adjacent to the property or bonds for the improvements. The applicant must also sign sewer, water and annexation agreements with the City of Bend. The City has requested that the applicant install city sewer and water service to the property. It is obvious that the installation of these public facilities will involve significant expense. It may be more appropriate to construct the sewer and water improvements at the time the property is further developed. The Hearings Officer must decide whether the sewer and water improvements are warranted at the Partition stage. The road improvements or bonding or ZC-93-2,MP-93-6 PAGE 9 Exhibit Page other form of security for the road improvements are required at the time of Partition. The County Subdivision/Partition Ordinance does not mandate that the sewer be installed at the time of partitioning. A. (2) 01A2 7--a;12 The proposed partition does not conflict with any existing public access easements. The partition drawing submitted by the applicant indicates there is a driveway from the mobile home park to the KOA campground to the east. This is not affected by the partition. Both parcels in the partition will have direct access to a public road, either Cooley Road or Bunnell Road. The applicant will be required to either improve the roads or bond for the road improvements. This will include a half -street improvement to Cooley, with widening and a curb and sidewalk. Hunnell Road will need to be paved to the urban standard, with a curb and sidewalk on the east side. A. (3) The proposed partition will create two parcels, one with the existing mobile home park of approximately five acres, and the remainder lot of approximately six acres. The applicant will need to verify that the septic system(s) for the mobile home park are not impacted by the partition. With this verified, each parcel should be suited for the intended use. A. (4) The required public services are already in place, such as police and fire protection. The required public facilities in this instance include roads, power and phone. The City has requested that the applicant construct city sewer and water service to the site for the partition. This may not be necessary until commercial development of the property occurs. The applicant will be required to either improve Cooley and Hunnell Roads, or bond for this improvement. Power and phone service to the northerly lot will also be required if it isn't already in place. A. (5) Arnold Irrigation District has indicated that they have no objection to the partition. The applicant will be required to meet all of Arnold's conditions for partitioning, and have the authorized person from the District sign the final mylar. A. (6) As stated in a foregoing finding, there are no surface mines adjacent to or within one-half mile of the subject property. ZC-93-2,MP-93-6 PAGE 10 E%iiibit Page—,/-a.l-- 4. The proposed parcels meet the zoning ordinance requirement for a minimum depth of 100 feet and the partition ordinance for a minimum of 50 feet of road frontage. CONCLIISIONS AND RECOMENDATION: Olti7`O 113 Staff finds that the applicant has met the criteria of Section 19.116.030 of Title 19 for a zone change from urban area reserve to highway commercial and thus recommend approval of the zone change. The applicant has met the criteria for a partition of the subject property. The City has requested that the applicant install city sewer and water service to the property for the partition. The Hearings Officer must decide if there is a reasonable nexus between the partition creating two parcels and installing sewer and water to the site. The road improvements to Cooley Road and Hunnell Road are required as part of the partition. The applicant can bond or assure the road improvements through other means, such as_an irrevocable letter of credit, either of which must be approved by County Legal Counsel. In this instance the partition cannot be approved without final approval of the zone change. The Hearings Officer can approve the partition, but it must have a condition whereby it will be void if the zone change is not approved,.or if the applicant is not able to obtain a variance to the minimum lot size should the zone change be denied. If the Hearings Officer approves the zone change, the Partition must be subject to the following conditions: 1. 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 surveyor and a final map submitted to the County Surveyor. The final mylar shall include the exact lot sizes for each parcel, including net and gross acreages. 2. The applicant shall obtain letters of acceptance and completion from the utility companies demonstrating that electric and phone service have been installed to each lot. 3. The applicant shall dedicate right of way for Cooley Road to 40 feet from the centerline. The applicant shall submit a Title Report that demonstrates evidence of marketable title to the property and that no encumbrances exist on the land being dedicated. If any encumbrances exist, they shall be removed prior to acceptance by the County. ZC-93-2,MP-93-6 PAGE 11 Exti i"lit Page Q -07-0 714 4. The applicant shall improve Cooley Road to a half -street arterial road standard, with widening and a curb and sidewalk along the property frontage. The applicant shall improve Hunnell Road to an urban local standard with a 36 -foot wide paved road and a curb and sidewalk on the east side of the road. The applicant may in lieu of the improvements, assure their completion through bond or other form of security approved by County Legal Counsel, prior to recording of the final plat. 5. The applicant shall meet all requirements of the County Public Works Department for access permits. 6. The applicant shall sign sewer, water and annexation agreements with the City of Bend for the subject property prior to final approval. 7. Water rights for the subject parcels shall be indicated on the final mylar, with the appropriate water right certificate number or water right number, and the signature of an authorized person from Swalley Irrigation District on the final mylar. 8. All advalorem taxes, fees and other charges that have become a lien upon the entire parcel shall be paid. 9. All easements shall be shown on the final mylar. 10. All conditions of preliminary approval shall be completed and a final mylar drawing signed and recorded with the County Clerk within one (1) year or the approval shall be void. If the Hearings Officer denies the zone change, the following must be added to the partition approval: 11. The applicant shall obtain approval of a lot size variance for the subject property, or the partition approval shall be void. ZC-93-2,MP-93-6 PAGE 12 Exhibit Page