1995-05215-Ordinance No. 95-003 Recorded 2/2/19959505215
BEFORE THE BOARD OF COUNTY
OREGON
OF
REVIEWED
w,r�l
LEGAL COUNSEL
0138-014
An Ordinance Amending Ordinance No. *
80-216, the Bend Area General Plan, *
as Amended, Changing a Certain Plan *
Designation from Low Density Resi- *A
dential (20,000 square feet) to
Standard Density Residential (6,000
square feet) for a 4.52 acre parcel
located in Section 15 of Township
17 South, Range 12 East, and
Declaring an Emergency. * :"
ORDINANCE 95-003
WHEREAS, Steven Foster requested a Plan Amendment to change the
Plan Designation on a 4.52 acre parcel from Low Density Residential to
Standard Density Residential;
WHEREAS, a hearing was held, after notice given in accordance with
law, before the County Hearings Officer;
WHEREAS, the Hearings Officer approved of the proposed
redesignation under the Bend Area General Plan;
WHEREAS, the decision of the Hearings Officer has not been
appealed; now, therefore,
THE BOARD OF COUNTY COMLKISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Ordinance 80-216, The Bend Area General Plan, as
amended, is further amended to redesignate a 4.52 acre parcel,
described on the Attached Exhibit A, and as depicted on Exhibit B,
attached hereto and by this reference incorporated herein, from Urban
Low Density Residential to Standard Density Residential.
Section 2. To adopt as its decision and findings the Findings and
Decision of the County Hearings Officer dated January 9, 1995, relating
to Plan Amendment Application PA -94-5, 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.
ORDINANCE NO. 95-003
1
KED
FE d 2 1995
IF ,=; 0 1 1995
DATED this _� day of
ATTEST:
Recording Secretaky
ORDINANCE NO. 95-003 2
1995.
0138-0315
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
/ " ��7*
BARMY H. SLAUGHTER, C$air
NANCY POPj SC"GEN,— commissjoner
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RO ERT L. NIPPER, enTiffnfsginner
s RATE OF OREGON ) SS.
COUNTY OF DESCHUTES )
i 1, MARY SUE ►INN NOW, COUNTY CIERR AND
RKORDER OF CDMVITAW S. M AND FOR SAID
aWITY, DO NERIRY CHEM THAT THE NITMNI
NISTRDRMMF WAS RECORDED TM DAY:
94 MAR -3 AH 9: 37
MARY SUE PENHOLLOVt
COUNTY CLERK
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1. MARY SUE E'ENH%t0W, COUNTY CLERK AMO
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94 FES,
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OESCNUTES COUNTY OFFKIAL RECORDS
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330 - 0732
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331 - 0675 (080-61T6
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A parcel of land containing 4.52 a=es, more or less,
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located in the S 1/2 NE 1/4 SW 1/4 of Section 15,
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Township 17 South, Range 12 Fast of the Willamette
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Meridian, Deschutes County, Oregon, and being more
pa=tics?arly desc=ibed as follows:
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Begi.-tni.-Lg at the Southwest one—sixteents corner of said
Section 15: thence North 00' 26' 59" West, 661.75 feet
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thence Nor—..h 89' 39' 39" East, 388.72 feet to a point on
the centerline of Cant -al Oregon District Pilot Butte
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Plain Canal: thence along said centerline, the following
courses: South 19' 48' 56" West, 287.42 feet: thence
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South 06' 31' 00" West, 163.00 feet: thence South 03. 36'
00" West, 231.00
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feet: thence leaving said canal
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centarliae South 89' 46' 03" West, 253.80 feet to the
Point of beginning and terminus of this desc_-iption.
s RATE OF OREGON ) SS.
COUNTY OF DESCHUTES )
i 1, MARY SUE ►INN NOW, COUNTY CIERR AND
RKORDER OF CDMVITAW S. M AND FOR SAID
aWITY, DO NERIRY CHEM THAT THE NITMNI
NISTRDRMMF WAS RECORDED TM DAY:
94 MAR -3 AH 9: 37
MARY SUE PENHOLLOVt
COUNTY CLERK
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1. MARY SUE E'ENH%t0W, COUNTY CLERK AMO
U ,.LZ ER Of CONVEYANCES. w AMO FOR SAID
COMFY. 00 NERERY CERTIFY THAT THE wIT1101
M MMEHT WAS RECORDED THO OAT:
94 FES,
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OESCNUTES COUNTY OFFKIAL RECORDS
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EXHIBIT "C"
DESCHUTES COUNTY PLANNING DIVISION
FINDINGS AND DECISION OF HEARINGS OFFICER
FILE NUMBER:
HEARING DATE:
APPLICANT:
ATTORNEY:
OWNER:
PA -94-5 and Z-94-6
December 6, 1994
Stephen Foster
Sharon Smith
Pat G. Bauer
0138-031.8
67891p77
JAN 1995
n CCU Rio
REQUEST: The applicant is requesting a Comprehensive Plan Amendment
and Zone Change to amend the Bend Area General Plan
designation and zoning on a total of 4.52 acres from RL, Urban
Low Density Residential, to RS, Urban Standard Density
Residential.
PLANNER: Paul Blikstad, Associate Planner
I. DECISION
The Hearings Officer APPROVES the applicant's request to amend the Bend Area General
Plan and the County zoning map to designate the subject property as Urban Standard Density
Residential.
H. APPLICABLE CRITERIA
The following criteria apply to review of the above -referenced land use applications:
1. The Bend Area General Plan
2. Title 19 of the Deschutes County Code, particularly:
Sections 19.24 and 19.28 of Title 19 of the Deschutes County Code establishes
standards for the RL and RS zones, respectively.
Chapter 19.116 of Title 19 establishes standards and criteria for amendments
to Title 19 and the urban area zoning map.
Page 1 - Findings & Decision (PA -94-5 & ZC-94-6, Foster)
0138-03 9
3. OAR 660-12-060, Plan and Land Use Regulation Amendments
4. Oregon's Statewide Planning Goals
5. Title 22 of the County Code, Procedures Ordinance.
III. PROCEDURE
This land use action is a quasi-judicial zone change and plan amendment. DCC 22.28.030
gives the Hearings Officer the authority to make decisions on quasi-judicial zone changes and
plan amendments. To be effective, however, the changes approved by the Hearings Officer
must be adopted by the Board of Commissioners. Any party disagreeing with the Hearings
Officer's decision must appeal that decision to the Board of Commissioners in order to
preserve their ability to contest the decision of the Hearings Officer. A review of this
decision may also be initiated by the Board, according to the procedures set forth in DCC
Title 22.
IV. FINDINGS AND CONCLUSIONS
The Hearings Officer makes the following findings of fact regarding the above -referenced
land use application:
ADOPTION OF STAFF REPORT: The Hearings Officer has reviewed the
Planning Department Staff Report prepared' by Associate Planner Paul Blikstad and
has determined that the facts and findings in that report accurately reflect her view of
the facts and law in this case, with the exceptions noted in this document. The
Hearings Officer, therefore, adopts the FINDINGS OF FACT and CONCLUSIONS
OF LAW sections of said report as findings of fact and conclusions of law of the
Hearings Officer, except to the extent that they are inconsistent with the findings and
conclusions listed in this document.
2. ADOPTION OF SUPPLEMENTAL BURDEN OF PROOF: The applicant's
attorney Sharon Smith submitted a document entitled "Supplemental Burden of Proof'
to the Hearings Officer at the land use hearing on December 6, 1994. This document
addresses compliance with the statewide land use planning goals. The Hearings
Officer hereby adopts that document as findings and conclusions of the Hearings
Officer in support of her approval of the above -referenced land use applications.
3. BEND AREA GENERAL PLAN: The following provisions of the General Plan, in
addition to those cited in Associate Planner Paul Blikstad's staff report, apply to
approval of plan amendments:
Page 2 - Findings & Decision (PA -94-5 & ZC-94-6, Foster)
0138-0320
INTRODUCTION
"The General Plan is not a zoning plan. However, zoning is one of the important
legislative tools available to help implement the Plan. Any changes in zoning which
occur are subject to a public hearing and a specific decision by the governing body.
The greatest single problem between the Plan and zoning activity is timing. Some
areas suggested in the Plan for different kinds of land uses can only be justified at
some time in the future when sufficient population growth has occurred to warrant the
development, or when public facilities are available to support that development. All
zone changes shall be considered in relation to the comprehensive plan, and this
serves as one of the continuing means of evaluating the Plan. If zone changes are
contemplated which are contrary to the Plan, the community should first amend the
policies and concepts in the Plan before a change of zone is made. This process
insures that each petition for rezoning is considered in light of the best interests of
the entire community." p. 2.
Plan Amendments will be necessary as time passes and conditions. change. As stated
at the outset, this plan is intended to be a guide for the future growth of the
community. It should be subject to periodic review and should be flexible, but not so
flexible as to be meaningless as a statement of community policy.
Procedure -
... Individuals may petition for changes or amendments to the Plan by filing with
the Planning Department on forms prescribed by the Commission, a request for plan
change.
FINDING: The applicant has filed a petition for the requested plan amendment and
zone change on County approved forms. The development of 18th Street adjacent to
the subject property and the installation of a public sewer line are major changes in
conditions relevant to the subject property. Development of the subject property at
standard, rather than low, density urban densities will allow the citing of many more
residences on the subject property than presently allowed. This greater density is
consistent with the purpose of the General Plan to encourage moderate increases in
density as time passes. Greater density in this area will allow land developers to
make more residential lots available within the Bend urban growth boundary,
forestalling the day when an increase in the size of the UGB is needed to
accommodate the rapid increase in population the Bend area is presently experiencing.
4. COMPLIANCE WITH OAR 660-12-060, Plan and Land Use Regulation
Amendments
(1) Amendments to functional plans, acknowledged comprehensive plans,
and land use regulations which significantly affect a transportation facility shall
Page 3 - Findings & Decision (PA -94-5 & ZC-94-6, Foster)
0138-031.
assure that allowed land uses are consistent with the identified function, capacity,
and level of service of the facility. This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the planned function,
capacity and level of service of the transportation facility;
(b) Amending the TSP to provide transportation facilities adequate to
support the proposed land uses consistent with the requirements of this division;
or
(c) Altering land use designations, densities, or design requirements to
reduce demand for automobile travel and meet travel needs'through other modes.
(2) A plan or land use regulation amendment significantly affects a
transportation facility if it:
(a) Changes the functional classification of an existing or planned
transportation facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of land uses which would result in levels of travel
or access which are inconsistent with the functional classification of a
transportation facility; or
(d) Would reduce the level of service of the facility below the minimum
acceptable level identified in the TSP.
(3) Determinations under section (1) and (2) of this rule shall be
coordinated with affected transportation facility and service providers and other
affected local governments.
FINDING: The applicant's property will be one of the first residential developments
to front on 18th Street. The street is designed to carry a large volume of traffic and
will have no difficulty in handling traffic generated by the subdivision, without
affecting the functional classification of the planned road. Review of this proposed
amendment and zone change has been coordinated with the City of Bend Planning
Department, which has recommended approval of this application.
5. REVISION OF STAFF FINDING: The Hearings Officer hereby deletes the
following sentence, included in the staff findings (page 4, Staff Report) from those
findings adopted by reference by this decision: "The increased density will create
additional need for services which should be balanced out by the additional tax monies
realized by a greater number of users." This sentence is deleted as increased density
will not result in additional tax revenues for taxing districts that are not impacted by
the tax limitations of Measure 5.' This is due to the fact that that Oregon
governmental entities have fixed tax base amounts which may be increased a
'The Bend LaPine School District is impacted by Measure 5 and would receive additional
tax revenues from the subdivision. This would not, however, directly increase the funds
available to the District because the State of Oregon is required to replace funds lost due to
the tax limitations imposed by Measure 5.
Page 4 - Findings & Decision (PA -94-5 & ZC-94-6, Foster)
0138-0322
maximum of six percent a year, regardless of the rate of growth within the taxing
district. The value of new construction increases the assessed value of the taxing
district, not the amount of taxes that may be collected. If growth occurs too rapidly,
a taxing district will find itself with expenses that far outstrip its tax base. The
subject property will, however, increase the tax base of the City of Bend when it is
annexed to the City. New tax revenues received by the City will help offset the cost
of providing police, fire protection and other City services to the subdivision. Future
homes in the subdivision will utilize City sewer services and generate fees to pay for
City sewer related expenses.
6. DEVELOPMENT PROCEDURES ORDINANCE: Chapter 22 of the County Code
sets forth the procedures for processing applications. This application has been
processed in accordance with the requirements set forth in the County Code with
respect to notice, preparation of a staff report and record keeping. The Hearings
Officer's decision will become final ten days after the decision is mailed unless the
decision is appealed. Prior to becoming effective, the plan amendment and zone
change will require adoption of implementing ordinances by the Board of County
Commissioners. Such ordinances will be prepared by Planning Division and Legal
Counsel staff.
DATED this 1 day of January, 1995.
C.�
Liz Fanc , rings Officer
Page 5 - Findings & Decision (PA -94-5 & ZC-94-6, Foster)
0138-03'3
DESCHUTES COUNTY PLANNING DIVISION
FILE NUMBERS:
HEARING DATE:
TIME:
PLACE:
APPLICANT:
PROPERTY OWNER:
STAFF REPORT
PA -94-5 and ZC-94-6
Tuesday, December 6, 1994
7:00 p.m.
Juvenile Justice Center, Room A
1128 Harriman Avenue
Bend, Oregon 97701
Stephen Foster
Pat G. Bauer
7404 Frontier Trail
Chanhassen, MN 55317
4
CO JNrY s
REQUEST: Applications for a Plan Amendment and Zone
Change to amend the Bend Area General Plan
designation and zoning on a total of 4.52
acres from RL, Urban Low Density
Residential, to RS, Standard Density
Residential.
ATTORNEY: Sharon Smith
Post Office Box 1151
Bend, Oregon 97709
STAFF CONTACT: Paul Blikstad, Associate Planner
APPLICABLE CRITERIA:
A. Sections 19.24 and 19.28 of Title 19 of the Deschutes
County Code establishes standards for the RL and RS
zones, respectively.
B. Chapter 19.116 of Title 19 establishes standards and
criteria for amendments to the comprehensive plan and
zone changes for the Bend urban area.
PA-94-5/ZC-94-6
Page 1
0138-0324
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 adjacent to
the road currently referred to as 18th Street and the
Pilot Butte irrigation canal in the northeast Bend area.
It is described on the County Assessor's map 17-12-15CA,
tax lot 501.
2. ZONING: The subject property is zoned RL, Urban Low
Density Residential, and is designated Residential on
the Bend Area General Plan.
3. SITE DESCRIPTION: The subject property is 4.52 acres
and has a varied topography of somewhat level areas and
rock outcrops. The property has a cover of widely
scattered juniper trees and scrub brush typical of the
high desert.
4. SURROUNDING LAND USE: Land use in the vicinity of the
subject parcels is all residential development at a low
density. There is no sewer system currently serving
this area and consequently all dwellings are on
individual septic disposal systems. Some of the
adjacent land is vacant, including parcels directly west
and north. Further west is the Morningstar subdivision
platted in 1979 and 1980. To the east and northeast is
the Country View Estates subdivision platted in 1974.
Also to the east is somewhat larger acreage homesites.
Zoning in the vicinity of the property is RL to the
north, west and south. To the east across the
irrigation canal is land zoned SR -2.5. RS zoned land
exists to the west near Morningstar subdivision and to
the south in Sections 21 and 22 of Township 17 S, Range
12 E.
5. The applicant is requesting approval to amend the Bend
Area General Plan map and zoning on the subject property
from an RL designation and zoning to RS. The applicant
has submitted a burden of proof statement addressing the
zone change standards of Section 19.116.030 of Title 19.
6. The Planning Division sent notice of the proposed plan
amendment/zone change applications to several public
agencies and received the following comments:
A. The City of Bend recommends the County approve the
zone change and plan amendment for the above
PA-94-5/ZC-94-6
Page 2
0138-0325
mentioned property. The property is served by
adequate road, water and sewer to allow increased
density within the Urban Area as contemplated by
the Bend Area General Plan goals and policies.
B. The Bend Fire Department states that at the time of
development, the developer will need to provide
fire hydrants spaced at 500 feet apart along future
roadways that provide at least 1000 GPM at not less
than 20 PSI residual.
C. The County Transportation Planner states that if
approved and developed/subdivided, the applicant
will be responsible for improving east side of 18th
Street to County standards for entire frontage
length.
D. US West Communications states that the developer is
responsible for trenches and all costs to extend
phone service from Country View Lane or Eastview
Drive.
E. Central Oregon Irrigation District states that they
are currently not assessing the subject parcel with
a water right. The District does have the Pilot
Butte Canal facility that traverses on the west
side of the subject parcel. The District has a
deeded right of way 200' that being 100' from the
centerline of the canal on both sides. There is to
be no encroachment of any kind within this right of
way without the prior written consent from this
office.
F. The County Public Works Department, Bend-LaPine
School District, the Watermaster and Avion Water
Company had no comments.
7. The public notice for the plan amendment/zone change
applications has not been sent out at the time of
writing of the staff report.
CONCLUSIONS OF LAW:
1. Page 69 of the Bend Area General Plan establishes the
following standards for amending the plan:
"Plan changes shall be consistent with the goals,
objectives, policies, and statements of intent of the
plan, or these guidelines shall be first changed or
amended to reflect new policies. An individual
requesting a change shall demonstrate that the change is
warranted due to changed conditions, a mistake or other
specific facts that demonstrate a public need and
benefit for the change . "
PA-94-5/ZC-94-6
Page 3
0138-0326
The following sections and policies of the Bend Area
General Plan are applicable to the proposed zone change:
Under the general policies and recommendations section,
(page 4 of the Plan) the following apply:
I. 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.
Staff findings: The County Public Works Department is
in the process of constructing the new 18th Street
connection between Cooley Road on the north to Yeoman
Road on the south. This road construction is being
completed to provide a road to the new elementary
school, as well as provide a needed north -south
transportation route as specified on the 'Bend Area
Transportation Plan. This road was scheduled for
completion in Fall of 1994. However, due to
construction delays, it appears the road will not be
completed until Spring of 1995. This road will be an
urban minor arterial serving the northeast Bend urban
area. The new elementary school adjacent to 18th Street
is completed and is now in use. This school was
designed to serve the district's needs in the northeast
area of Bend and beyond the urban growth boundary. The
school district had no comments on the proposed zone
change. The fire department's comments indicate the
development of this land will need to meet their
standards. Police protection will initially be handled
by the County Sheriff's Department until such time as
this area is annexed to the City of Bend. Parks
development in this area has not been forthcoming as of
1994. The Bend Metro Parks and Recreation District has
a park plan in place and the new parks systems
development charges for development are designed to
provide the necessary funding for urban parks.
Libraries are somewhat limited in Bend. The County will
not be expanding the library system until such time as
additional funding for increased facilities is approved.
It is Staff's belief that the proposed increase in
density proposed by the applicant will minimize tax
costs for all of these services and facilities. The
increased density will create additional need for
services which should be balanced out by the additional
tax monies realized by a greater number of users.
3. Future development and local development standards
shall recognize and respect the character of
existing areas. Maximum flexibility in development
should be encouraged in undeveloped areas.
PA-94-5/ZC-94-6
Page 4
0138-0327
Staff findings: The area adjacent to the subject
property is relatively undeveloped at this time.
Morningstar subdivision to the west was platted in 1979
and 1980, with infill of the subdivision occurring over
the next 14-15 years. This area is developed with
individual septic systems. The maximum flexibility
listed above should apply to the proposed density
increase, as this area is relatively undeveloped.
4. Residential developments should be located so that
they are convenient to places of employment and
shopping facilities, and they should be developed
in ways which are consistent with the character of
the topography and soils on the site.
Staff findings: The development of the subject property
will be convenient with respect to employment and
shopping facilities, as 18th Street will provide access
to points north and south, including the Highway 97
corridor for commercial uses and also for 'potential
employers. The development of the subject property at a
higher density can be consistent with the character of
the topography and soils on the site. The site does
have some topographic differences, however, these can be
accommodated into the design of a development for the
site. The soils are not as -important given that the
project could be connected to the City sewer system now
that the sewer runs to the new school down 18th Street.
5. Residential areas should offer a wide variety of housing
types in locations best suited to each, and shall be
developed in a way which will not create health or
erosion hazards. Densities recommended on the plan
shall be recognized in order to maintain proper
relationships between proposed public facilities and
services and population distribution.
Staff findings: The development of the subject property
will or can offer a housing type in a more affordable
housing range, given the larger number of units per acre
allowed in the RS zone as opposed to the RL zone. With
approved road and utility plans, the development of this
property would not create health or erosion hazards.
The existing density shown on the plan is for a lower
density that the one proposed. The original density was
established based on the fact that the sewer plan for
Bend did not include this area, as well as several other
areas. The revised sewer and water master plan for Bend
indicates that all of the urban area will be sewered,
including the subject property. The sewer system to the
new school has been installed and runs along the new
18th Street. The subject property can connect directly
to that system. In fact, the development of the subject
PA-94-5/ZC-94-6
Page 5
0138-03 400 8
property would require that it be connected to the sewer
system. The construction of 18th Street was hastened by
the locating of the new elementary school. This school
will serve the northeast area of Bend until such time as
a new school is needed. It is Staff's belief that
proper relationships between the new school, as well as
other public facilities and services and the population
distribution will be maintained by the proposed zone
change. The road system, and sewer and water system
will be in place by spring of 1995, and electric and
phone service are available for development of this
property.
The following policies of the urbanization section (page
13 of the Plan) are applicable to the proposed zone
change:
Assumptions:
1. New development should bear the burden of paying
for costs of the development.
Staff findings: If development of this property
proceeds, widening with a curb and sidewalk will be
required on the east side of 18th Street along the
subject property. Any connections to public or private
utilities would be borne by the developer of the
property.
2. New development should locate in areas where
facilities are available or can be provided at
least cost.
Staff findings: As indicated in a foregoing finding,
sewer, water and other utility services are available to
the subject property. In addition, by spring of 1995
18th Street will be paved in front of the subject
property. The cost to the public has already been
absorbed for 18th Street. The development of the
subject property will require the completion of the
necessary improvements to 18th Street along the boundary
of the subject property.
3. New development can occur anywhere in the IUGB,
provided that it pays for necessary facilities.
Staff findings: Any development of the subject property
will require all necessary improvements established by
the County and City of Bend.
4. Developments must
services if they
to the city's
improvements.
PA-94-5/ZC-94-6
Page 6
pay the full cost of urban
occur on developable lands prior
or county's planned capital
0138-0329
Staff findings: As indicated in a foregoing finding,
the cost of constructing 18th Street was borne by the
County. This road will be completed from Cooley Road on
the north to Yeoman Road on the south by spring of 1995.
The cost to a developer of the subject property would be
for widening and curbing with a sidewalk along the
property frontage. Additionally, all costs associated
with connection to the City's and other utility
facilities will be borne by the developer.
Timing:
1. Within the IUGB, vacant lands passed over by
development shall be encouraged to develop prior to
other lands within the boundary.
Staff findings: What is obvious as the reason to now
develop the subject property is the construction of 18th
Street and the sewer and water construction to the new
school. Without these improvements, this land may have
been postponed for development indefinitely. The
northeast quadrant of Bend will proceed with development
at a faster pace now that sewer is available, and this
development will be somewhat systematic based upon who
goes first.
2. Growth in the Bend Area shall be managed through
the cooperative efforts of the City of Bend and
Deschutes County, and shall be in accordance with
the plans, timing, phasing, and financing of public
facilities and services.
Staff findings: If development of the subject property
proceeds, the County and City will have joint
responsibility for overseeing that development. All
standards and requirements of the County and City must
be met by a developer.
3. Future urban development shall be contained within
the geographic limits of the IUGB.
Staff findings: The subject property is within the
IUGB. The boundary of the IUGB runs along the
irrigation canal.
4. All parties shall work toward the most efficient
and economical method for providing specific urban
services to the area within the IUGB. In the long
run, the city is the logical provider of such
services.
Staff findings: As indicated in a foregoing finding,
the County financed the construction of 18th Street,
with the exception of some of the improvements to it
along the School District's property, which were funded
PA-94-5/ZC-94-6
Page 7
by the School District. 0138-0330
5. The plan shall encourage the development of vacant
lands that have urban services before the extension
of services beyond presently served areas.
Staff findings: The subject property now has urban
services available, including sewer, water, roads, as
well as police and fire protection.
6. No new service districts shall be created within
the IUGB to provide sewer or water service without
the concurrence of the city and county.
Staff findings: No new service districts are proposed
as part of the plan amendment/zone change. No service
district would be allowed as part of the development of
the property.
The Residential Areas - Statements of Intent of the Plan
section of the Bend Area General Plan has the'following
applicable standards:
1. The basic and most important single development
criteria for residential areas is housing density.
2. Residential densities indicated on the general plan
shall be respected and reflected in city and county
codes, ordinances, and development policies. The
intent of the plan is to indicate housing density
rather than type of building construction permitted
within various density areas.
3. All new housing developments shall conform with the
designated housing density; regardless of building
type, site size, or timing as related to other
developments.
Staff findings: As indicated in foregoing findings, the
subject property was designated for a lower density in
1979 based on the fact that sewer service to this area
was not envisioned. Without sewer service available,
larger lot sizes were needed to accommodate individual
septic systems and reserve areas. With the rocky soils
in the area, even 20,000 square foot lots may not
qualify for individual septic systems. The Sunbird
subdivision approved for 34 lots on 21 acres
(TP -90-733), which was in the RL zone, had three lots
within the first phase of that development which
required sandfilter systems. These systems require
annual inspections to check for necessary corrective
maintenance. This project was not developed based in
part on the requirements for septic systems.
Staff believes that the RL zoning will become obsolete
PA-94-5/ZC-94-6
Page 8
0138-0331
as the need for this much land for individual septic
systems is gone. New development, specifically
subdivision development, requires connection to the
City's sewer system. The costs of extending the sewer
and other utilities is too prohibitive to develop at the
lower density, and Staff believes that the costs to the
public in general for necessary services, such as
police, fire, schools, libraries and other services, is
higher for a lower density. Conversely, the cost to the
general public for these services with a higher density
are lower, by having more people pay for the services in
a smaller area and by reducing the area needed for the
ever increasing population. Also, with the increase in
density, alternative modes of transportation such as
transit and bicycle use, are much more viable than with
a lower density. The lower density requires greater
distances to drive or ride and the cost per dwelling
unit for public transit is much higher with a lower
density.
4. All residential developments shall respect the
physical characteristics of the site relating to
soils, slope, geology, erosion, flooding, and
natural vegetation.
Staff findings: No specific development proposal for
this property has been submitted at this time. If the
zone change is approved, the development of this
property would require review through the land use
process, which would including looking at the physical
characteristics of the site relating to soils, slope,
geology, erosion, flooding and natural vegetation.
8. Residential development standards within the urban
growth boundary shall be the same for areas of
similar densities or topographic conditions, both
inside and outside the city.
9. New developments in existing residential areas
shall respect the character and quality of the
areas in which they locate.
Staff findings: If the zone change is approved and a
development proposal is submitted for the subject
property, the review of that development will require
meeting the County and City standards for subdivisions.
The subdivision will require paved roads and all
utilities installed, which would be similar in character
and quality of other developments in the area.
Staff finds that proposed plan designation and zone
change is consistent with the goals, objectives,
policies and statements of intent of the plan, as
indicated in the foregoing findings. Staff also finds
that there is a substantial change in conditions,
PA-94-5/ZC-94-6
Page 9
2.
0138-0332
specifically the construction of 18th Street in this
area and the extension of sewer and water service to the
area. The sewer system was not intended to serve the RL
zone during the completion of the Bend Area General Plan
in 1978-79. The update of the City of Bend's sewer and
water master plan now shows that all of the urban area
will eventually be connected to the sewer system. Staff
also believes that there will be a public need for
increased density in the Bend urban area and there is a
benefit to the public in general in the form of reduced
costs for services by increasing the density. Fewer
roads are required for the population, as one example of
cost savings, including construction and maintenance of
these roads.
Section 19.116.030 of Title 19 establishes criteria for
zone changes as follows:
19.116.030 Standards for Zone Change.
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:
A. That the change conforms with the Comprehensive
Plan. Specifically, the change is consistent wit
the plan's intent to promote an orderly pattern and
sequence of growth.
Staff findings: Conformance with the Bend Area General
Plan has been addressed in foregoing findings. Staff
finds that the proposed plan amendment/zone change is
consistent with the plan's intent to promote an orderly
pattern and sequence of growth. With the construction
of 18th Street and the extension of the City of Bend
sewer system to the area, the surrounding parcels will
develop at a faster pace than previously thought. A
subdivision is approved in the Morningstar area (Wishing
Well) for a total of 107 lots on 27 acres. A new
subdivision (Majestic) is proposed across from Wishing
Well for 115 lots on 32.2 acres. Additionally, a 20 -lot
subdivision (Canal View) on 9.8 acres is proposed
directly adjacent to the subject property. Staff
believes that the zone change for this property and the
subsequent development of the property for residential
use will provide orderly development. 18th Street will
be completed in spring of 1995, so the subject property
will have direct access to an improved urban minor
arterial.
B. That the change will not interfere with existing
development, development potential or value of
other land in the vicinity of the proposed action.
PA-94-5/ZC-94-6
Page 10
0138-0333
Staff findings: The proposed zone change will not
interfere with the other residential development in the
area. To the west, north and south of the subject
property is currently undeveloped land. The property
directly north has a 20 -lot subdivision approved, but
not yet developed or platted. To the east is land
outside of the inner urban growth boundary on the east
side of the Pilot Butte Canal. The lack of existing
development in the area makes the impacts from the zone
change to existing and subsequent development
negligible. Staff finds that the proposed zone change
will also not impact the value of other land in the
vicinity, as it will all eventually be developed to
urban densities, including the land currently in the
urban reserve areas. The higher density is needed to
accommodate increased growth and not foster urban sprawl
to areas outside the boundary. The value of the land
will continue to increase as development occurs and
infrastructure is put in place. The community service
costs must be spread out to residents.
C. That the change in classification for the subject
property is consistent with the purpose and intent
of the proposed zone classification.
Staff findings: The purpose of the RS zone is as
follows: "The RS zone is intended to provide for the
most common urban residential densities in places where
community sewer services are or will be available and to
encourage, accommodate, maintain and protect a suitable
environment for family living."
The proposed zone change will provide for an increase in
density for this area of Bend, which now has sewer
available, as well as water service, and in the spring
the area will have the new 18th Street arterial road.
The zone change will allow for additional families to
live in the urban area near an existing elementary
school, and relatively close to employment and shopping
areas. When 18th Street is connected to Empire Avenue,
it will be convenient to even more areas of commercial
and employment use. The zone change will serve to
encourage, accommodate, maintain and protect a suitable
environment for family living.
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.
Staff findings: Public services in the area are being
installed. The sewer and water systems are already in
place. The new road serving the area, 18th Street, is
under construction and will be completed in the spring
PA-94-5/ZC-94-6
Page 11
0138.0jA
of 1995. Connections to this new road from adjacent
parcels will be limited. The development of the subject
property into residential use will require the
construction of a new road, as no individual accesses
will be allowed to 18th Street. It appears that
electric and phone service is also available to the
subject property. Fire and police services are already
in place. With the development of the subject property
into residential use, the water system will have to
include the necessary fire hydrants and minimum fire
flows. The proposed zone change is consistent with the
County's policy of the provision of public facilities.
E. That there is proof of a change of circumstance or
a mistake in the original zoning.
Staff findings: As stated in foregoing findings, there
has been a change of circumstance since the original
zoning was established. The City of Bend, through the
Bend-LaPine School District, has extended a sewer line
down 18th Street adjacent to the subject property, and
has also decided by policy that all of the IUGB will be
served by the sewer system. Extension of that system
will be largely the responsibility of developers in
cooperation with the city. Staff finds that it is also
responsible from a environmental standpoint to have
dwellings in the urban area connected to the city sewer
system, rather than using individual septic systems. If
the city and county are looking to keep urban
development in the IUGB, the increase in density for the
residential areas is imperative. There was not a
mistake in the original zoning, but as stated above,
there has been a significant change of circumstances
since the zoning was established.
CONCLUSIONS AND RECOMIENDATION:
Based upon the above findings, Staff finds that the proposed
plan amendment/zone change application meets the standards
and criteria of the Bend Area General Plan and Title 19 of
the Deschutes County Code. The Planning Staff finds the
proposed change to be entirely consistent with the Plan.
Sewer service to all parcels is much preferred to the
continuation of individual septic systems within the Bend
urban area. Staff recommends approval of the proposed plan
amendment/zone change for the subject property. If this plan
amendment/zone change is approved by the Hearings Officer,
the applicant will need to provide a legal description for
the subject property.
PEB/mjz
PA-94-5/ZC-94-6
Page 12
0138-0335
BEFORE THE DESCHUTES COUNTY HEARINGS OFFICER
APPLICANT:
STEVE FOSTER
PA -94-5, ZC-94-6
SUPPLEMENTAL
BURDEN OF PROOF
COMPLIANCE WITH STATE-WIDE PLANNING GOALS:
When a Comprehensive Plan map is amended to change the permissible use of a single tract
of land, without any change in the Plan's underlying policies, the proponent of the change has the
burden of proving that the changes in the Plan map is consistent with the goals and policies
expressed in the plan as a whole and that the change does not violate the specific provisions of any
applicable state-wide planning goal. South of Sunnyside, etc. v. Board of Commissioners, etc., 569
P2d 1063, 1075, 280 Or 3 (1977).
The following addresses the compliance with State -Wide Planning Goals:
1. Citizen Involvement. This goal has not been violated because there has been
substantial public input on the application process.
2. Land Use Planning. This goal has not been violated because the land use planning
process and policy framework has been applied in this application.
3. Agricultural Lands. The proposed zone change does not effect any agricultural lands.
4. Forest Lands. The proposal does not effect any forest lands.
5. Open Spaces, Scenic and Historic Areas, Natural Resources. The proposal does not
impact any of these Goal 5 resources.
6. Air. Water and Land Resources Quality. The proposal does not violate Goal 6
because there is no specific proposal which would impact air, water and land resources currently.
1 - SUPPLEMENTAL BURDEN OF PROOF
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Holmes Hurley Bryant Lovlien ® Lynch
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0138-0336
36 .
7. Areas Subject to Natural Disasters and Hazards. No identified natural disaster or
hazard area are identified in the proposed property to be affected.
8. Recreational Needs. The proposed zone change involves only an increase in
residential density. This will favorably impact recreational needs because it will increase the
number of park fees paid when the property is developed.
9. Economic Development. The proposal does not violate Goal 9 because it involves
only an increase in residential density, not impacting any commercial or industrial lands.
10. Housing. The proposal furthers Goal 10 because it will provide additional density
within the IUGB.
11. Public Facilities and Services. Goal 11 is not violated because the parcel has been
identified as urban land and is served with adequate urban facilities and services, including: water,
sewer, electricity, etc.
12. Transportation. Goal 12 is not violated. There is adequate access to the site via the
new 18th Street extension.
13. Energy Conservation. The proposal is in compliance with Goal 13 in that it will
increase density and accordingly, will reduce energy consumption through automobile traffic.
14. Urbanization. Goal 14 is not violated because the proposal does not impact the
transition from rural to urban use.
2 - SUPPLEMENTAL BURDEN OF PROOF
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Holmes Hurley BTan) L(when ® Lynch
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Goals 15 through 19 are inapplicable because they are tied to specific locations not within
the proposed area.
DATED this 6th day of December, 1994.
HOLMES, HURLEY, BRYANT
LOVLIEN , YNCH
SHARON R. SMITH OSB 86292
Of Attorneys for Applicant
3 - SUPPLEMENTAL BURDEN OF PROOF
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Holmes Hurley Bryant L(when ® Lynch
ATP WNVNS,VI 1 AIV
40 N.W. Groenwood P.O. Box 1151 fiend, Oregon 97709-1151 (503) 382-4331 Fax(503)389-3386