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1995-29891-Ordinance No. 95-060 Recorded 8/24/1995REVIEWED a� LEGAL COUNSEL 9�-2891 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordinance No. 80-216, the Bend Area General Plan, as Amended, By Reconfiguring the Inner Urban Growth Boundary, Changing Certain Plan Designations to Reflect the Changes to the Inner Urban Growth Boundary, and Declaring an Emergency. ORDINANCE 95-060 WHEREAS, Broken Top Limited Partnership and Cascade Highlands Limited Partnership proposed the reconfiguration of the IUGB as established in the Bend Area General Plan, resulting in the inclusion of certain property currently located outside the IUGB (described in Exhibit A and depicted on Exhibit B) within the reconfigured IUGB and the exclusion of certain property currently located inside the IUGB (described in Exhibit C and depicted on Exhibit D) from the reconfigured IUGB; 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 redesignations under the Bend Area General Plan; WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Ordinance 80-216, The Bend Area General Plan, as amended, is further amended to realign the Bend Urban Growth Boundary as depicted on Exhibit B and D to redesignate a 1.14 acre parcel, described on the Attached Exhibit A, and as depicted on Exhibit B, attached hereto and by this reference incorporated herein, from Urban Reserve to Residential -Standard Density; and by redesignating a 1.14 acre parcel described on the attached Exhibit C and as depicted on Exhibit D, attached hereto and by this reference incorporated herein, from Residential -Standard Density to Urban Reserve. Section 2. To adopt as its decision and findings the Findings and Decision of the County Hearings Officer dated August 4, 1995, relating to Plan Amendment Application PA -95-6, marked Exhibit E, attached hereto and by this reference incorporated herein. ORDINANCE NO. 95-060 pp KEYF. iED • r'" r' ���yV 1�C...Li ,uG ` UG 1995 014'7-1509 Section 3. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. Section 4. 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. DATED this ,,9,-3 day of , 1995. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON / 04, 'V— BARRY H. SkAUGHTER, Chai ATTEST: iXC4::�4a� NAN& POPE SCHLANGEN, Commissioner Recording Secreta ORDINANCE NO. 95-060 ROB T L. NIPPER, Commis io er 2 EXHIBIT A BROKEN TOP 014'7-1510 PARCEL INCLUDED IN U.G.B. BY PA -95-6 ADJOINS LOT 382 A parcel in the southeast 1/4 of Section 1 in Township 18 South and Range 11 East of the Willamette Meridian, Deschutes County, Oregon as shown on the attached exhibit and fully described as follows: Commencing at a 5/8" iron rod at the northwesterly corner of Lot 382 of BROKEN TOP; thence following the boundary of said lot South 00°23'49" East 60.86 feet to the point of beginning; thence South 00°23°49" East 164.75 feet to a 5/8" iron rod at the northerly right-of-way of Metolius Drive; thence leaving said lot boundary 163.42 feet along the arc of a 760.00 foot radius curve left (the long chord of which bears South 72°30'26"West 163.10 feet); thence leaving said right-of-way North 79°31'59" West 132.90 feet; thence North 14°24'17" West 94.39 feet; thence North 35°20'33" East 65.24 feet to the Broken Top Boundary per CS 07919 by David Bateman; thence following said boundary North 80°34'09" East 274.56 feet to the point of beginning. Contains 1.14 acres. DAVID EVANS AND ASSOCIATES, INC. A PROFESSIONAL SERVICES CONSULTING FIRM OFFICES IN OREGON, WASHINGTON. CALIFORNIAA.ND ARIZONA 709 N.W. WALL STREET, SUITE 102 BEND, OREGON 97701-2744 (503)389-7614 FAX (503) 389_7623 x MWED CN PEcla',oae wER �— nn G. ;Trr'7^ JULY^ 113, 19:)0 JERRY 9 1 g ,"i'ELL August 14, 1995 1: \jcp\wpf2\chd\382ugbi. jcp Looe TAM EXHIBIT B 014 511 344 PROPOSED NEW I.U.G.B. - . �, 1 L N- 90,40 p CURRENT CURRENT I.U.G. t4l 2k W 2 rn f.U.G.6. TO REMAIN f = ��J 56aNg0.34.0s'E BROKE TOP N .56' PHASE III -E 49.98 274 o CURRENT I.U.G.B. N 381 382 �\ N35'2033E 4 m \ --� 65.24' Ka l 7 =1219'11" j N R=760.00' j L=163.42• LC=S72'30'26"W 163.10' PROPOSED 132 9p' �+ DRIVE NEW I.U.G.B. N79:3159» u ►,7 w pL jus 1 PROPOSED TRACT W NEW I.U.G.B. CURRENT I.U.G.S. TO REMAIN 387 NORTH SCALE: 1"=100' OK TOP RASE I— F 386 ®AREA TO BE REMOVED FROM I.U.G.S. (1.14 ACRES) AREA TO BE ADDED 385 TO I.U.G.B. (1.14 ACRES) EXHIBIT socia 1"=100' design PROPOSED I. U.G.B. date 08/08/95 drown D.A.N. DAVID EVANS AND ASSOCIATES, INC REALIGNMENT ��ria 0: SSLP0004 DWG NEW-IUGS.DWG 709 " Watt SMU=. SUM 102 BEND, OREGON 97701 (603)389-7814 EXHIBIT C BROKEN TOP 0147-1512 PARCEL EXCLUDED FROM U.G.B. BY PA -95-6 ADJOINS LOT 382 A parcel in the southeast 1/4 of Section 1 in Township 18 South and Range 11 East of the Willamette Meridian, Deschutes County, Oregon as shown on the attached exhibit and fully described as follows: Commencing at a 5/8" iron rod at the southwest corner of Lot 382 of BROKEN TOP; thence North 00°23'49" West 225.61 feet to a 5/8" iron rod at the northwest corner of said Lot and the point of beginning; thence leaving said lot South 68°37°24" West 290.40 feet to the Broken Top Boundary per CS 07919 by David Bateman; thence following said boundary South 80°34'09" West 49.98 feet; thence leaving said boundary North 12°25'04" West 129.67 feet; thence North 68°41'39" East 383.60 feet; thence South 03°40'41" West 152.29 feet to the point of beginning. Contains 1.14 acres. DAVID EVANS AND ASSOCIATES, INC. A PROFESSIONAL SERVICES CONSULTING FIRM OFFICES IN OREGON, VASHINGTON, CALIFORNIA AND ARIZONA 709 N.W. WALL STREET, SUITE 102 BEND, OREGON 97701-1-44 (503) 389-7614 FAX (503) 389-7623 �:� 921NIED bJ REGIC.MFli�PER REClST,"RED ES PROS- _ ..'?1%tA! LAND Su z VE"YOR JULY 16, 1939 JERRY C. P KNELL 1919 rQQ.��s (—(-97 August 14, 1995 1: \jcp\wpf2\chd\382ugbo. jcp i00? C A EXH BIT D TAM 344 0147-4513 o ` �- PROPOSED NEW I.U.G.B. ElAREA TO BE REMOVED FROM I.U.G.B. (1.14 ACRES) •iiiiAREA TO BE ADDED :❖.❖.TO I.U.G.B. scale 1»=100' design date 08/08/95 drawn D.A.N. file 0: \SSLP0004\DWG \NEW- IUGS. DWG )(: (d) DAVID EVANS AND ASSOCIATES, INC 709 NW WALL STREET. SUM 102 BEND, OREGON 97701 (503)389-7814 - CURRENT! I.U.G.B. BROKE. PHASE 382 TOP III- E 381 TT` DRIVE TRACT W trvi 3330K TOP CHASE I -F 386 385 EXHIBIT PROPOSED I. U. G. B. REALIGNMENT EXHIBIT E 014'7-1514 DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: CU -95-47, PA -95-6, ZC-95-6 APPLICANTS/ PROPERTY OWNERS: Broken Top Limited Partnership LDESCHUTES Cascade Highlands Limited Partnership Skyliner Summit Limited Partnership o9561999 Broken Top Drive Bend, Oregon 97702ESYAGENT: David Evans and Associates, Inc.709 N.W. Wall Street, Suite 102� 1 Bend, Oregon 97701 REQUEST: Applications for: 1) a Conditional Use Permit to amend the Broken Top Master Plan for a small area adjacent to Lot 382; 2) a Plan Amendment and Zone Change to amend the Bend Area General Plan and Zone on the same area from RS, Urban Standard Residential, to UAR-10, Urban Area Reserve, and from UAR-10 to RS. The applicants are proposing an even exchange of UAR-10 and RS zoned land consisting of 1.14 acres for each zone. STAFF REVIEWER: Paul Blikstad, Associate Planner HEARING DATE: July 18, 1995 I. APPLICABLE STANDARDS AND CRITERIA: Title 19 of the Deschutes County Code, Bend Urban Growth Boundary Zoning Ordinance: * Chapters 19.28 and 19.12, which establish uses and standards for the RS and UAR-10 zones, respectively. * Chapter 19.100, which establishes standards for conditional uses. * Chapter 19.116, which establishes standards and criteria for zone changes. 2. The Bend Urban Area General Plan Oregon Administrative Rule 660-04-010(1)(c)(B)(i-iv), which establish the criteria for exceptions to the Statewide Planning Goals. 4. Goal 14 of the Statewide Planning Goals, which establishes the urbanization policies of the state. 0147-1515 Title 22 of the Deschutes County Code, the Deschutes County Development Procedures Ordinance. H. FINDINGS OF FACT: 1. LOCATION: The Broken Top development is located on the west side of the Bend Urban Area adjacent to Cascade Middle School, the Skyliner Ballfields and Overturf Butte. The subject property is located near the southwest corner of the development, in that portion of Phase III -E lying west and northwest of Lot 382. 2. ZONING: A majority of Broken Top is zoned RS, Urban Standard Residential, with some UAR-10, Urban Area Reserve, zoned land adjacent to it. The property is designated Residential on the Bend Area General Plan. SITE DESCRIPTION: The Broken Top development includes a total of approxi- mately 600 acres, a small portion of which is within the Bend city limits. The property has varied topography, with somewhat level areas and rock outcrops. There is a vegetative cover of juniper and ponderosa pine trees, as well as scrub brush and grasses. There are a golf course, clubhouse and related recreational structures, ponds and a number of residential structures. 4. PROPOSAL: The applicants propose a plan amendment and zone change, as well as conditional use permit for an amendment to the Broken Top Master Plan, to allow an even exchange of approximately 1. 14 acres of land between the RS and UAR-10 Zones, within and outside of the Bend Urban Growth Boundary. This exchange is proposed in order to reconfigure Lot 382 in Phase III -E of the Broken Top development, and Hole #8 of the golf course, to address topographical and access issues. 5. PROCEDURAL HISTORY: The Broken Top development has received numerous land use approvals dating back to the original approval of the Planned Unit Development concept and golf course in June of 1991. The Hearings Officer hereby adopts and incorporates by reference herein the summary of land use applications and actions contained in the Findings of Fact on pages 2-7 of the Staff Report. The applicants also have submitted an application for a Lot Line Adjustment (LL -95-32) to add the area west of Lot 382 to this lot if the conditional use permit, plan amendment and zone change are approved. However, the Lot Line Adjustment application is not before the Hearings Officer at this time. 6. NOTICE: The Planning Division sent notice of the proposed land use applications on the subject property to several public agencies and utility companies and received the following responses: 2 0147-1516 A. The Deschutes County Public Works Department, Building Division and Property Address Coordinator, the City of Bend and US West Communications had no comments on these applications. B. The Bend Fire Department submitted comments recommending a number of standard requirements and conditions, set forth at page 8 of the Staff Report, which are applicable to residential development in the Broken Top development. M. CONCLUSIONS OF LAW: 1. CONDITIONAL USE PERMIT. FINDINGS: The Broken Top development is a Planned Unit Development (PUD) which is a conditional use allowed in the RS Zone, subject to the PUD approval criteria set forth in Chapter 19.104 of the Deschutes County Code. An amendment to Broken Top's PUD master plan, which plan was required and approved under Section 19.104.060 of the Code, therefore requires a conditional use permit, subject to the standards and criteria for conditional uses in Chapter 19.100. A. Section 19.100.030 of the Deschutes County Code establishes the following General Conditional Use Criteria: "A conditional use permit may be granted only upon findings by the Planning Director or Hearings Body that the proposal meets all of the criteria in this section, as well as all other applicable criteria contained in this Ordinance. The general criteria are: A. That the location, size, design and operating characteristics of the proposed use are such that it will have minimal adverse impact on the 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." FINDINGS: There are two issues under this Section raised by the proposed master plan amendment: 1) the appropriate "surrounding area" to be evaluated for potential adverse impacts from the proposed change; and 2) the nature of the impacts. The Hearings Officer hereby adopts and incorporates by reference herein the Staff Report findings that the appropriate "surrounding area" includes the Broken Top 0147-151", development, the Cascade Middle School and Skyliner Ballfields, the undeveloped land to the west of Broken Top owned by the applicants, and the undeveloped land to the east owned by Brooks Resources. The Hearings Officer also hereby adopts and incorporates by reference herein the Staff Report findings that, because of the very minor nature of the proposed master plan amendment, it will have minimal adverse impact on the property value in the surrounding area, and will have no effect on the livability and permissible development of the surrounding area. "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 the given setting." FINDINGS: The Hearings Officer hereby adopts and incorporates by reference herein the Staff Report findings that the proposed minor change meets this criterion because the site planning for the Broken Top development as a whole meets the criterion. "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." FINDINGS: The extent to which this criterion is applicable to the proposed master plan amendment is questionable, inasmuch as the Broken Top PUD use already has been established in the zone, and the proposed amendment of the master plan is neither a new use nor a. change of use. To the extent this criterion does apply, the Hearings Officer hereby adopts and incorporates by reference herein the Staff Report findings that this criterion has been met. "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." FINDINGS: The Hearings officer hereby adopts and incorporates by reference herein the Findings in the Staff Report that no goal compatibility findings are required. The extent to which this criterion applies to the proposed amendment is questionable where, as here, the Broken Top development has been found in previous land use decisions to meet this criterion, and the proposed master plan amendment presents only a minor adjustment to the boundaries and configuration of Lot 382 and Hole #8 of the golf course. To the extent this criterion does apply 4 014'7-1518 here, the Hearings Officer hereby adopts and incorporates by reference herein the Findings in the Staff Report that the minor change proposed does not affect Broken Top's compatibility with ordinances, the plan or statewide land use planning goals. 2. COMPREHENSIVE PLAN AMENDMENT. The Bend Area General plan establishes the following criteria for amend- ments to 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 for the change." FINDINGS: The following goals, objectives and policies in the Bend Area General Plan are applicable to the proposed plan amendment: A. GOALS AND OBJECTIVES: "(8) To retain and enhance desirable existing areas and to re- vitalize, rehabilitate or redevelop less desirable existing areas. (9) 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. (10) To encourage and promote innovations in development tech- niques in order to obtain maximum livability and excellence in planning and design for all new developments. (11) 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." B. POLICIES: "(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, 014'7-1519 highways, police, garbage disposal, fire protection, libraries, and other facilities and services." "(3) Future Development and local development standards shall recognize and respond to the character of existing areas. Maxi- mum flexibility in development should be encouraged in un- developed areas. (4) Residential Development 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." The Hearings Officer finds that the proposed plan amendment is consistent with all of the above -quoted goals, objectives and policies, and makes the following findings applicable to each of them: The subject property, lying west and northwest of Lot 382, is physically separated from the original portion of Broken Top by Holes 7 and 8 of the golf course. There is presently no access to the subject property from the golf course. Providing a roadway across the golf course to access the subject property would be impractical and disruptive of the existing golf course holes. There also currently no direct access to the area from Metolius Drive, which provides access to Lot 382. There is a grade difference of approximately 20 feet between Metolius Drive and the subject property, making access to the subject area directly from Metolius similarly impractical. The proposed realignment of the Bend Urban Growth Boundary (UGB) will result in a more logical boundary location that is consistent with the topography of the affected property. It will allow the applicants to enhance and make use of an otherwise poorly accessed and serviced parcel that is suitable for residential development. The proposed boundary change reflects the very flexibility in development that the Plan encourages. C. CHANGE OF CONDPTIONS, MISTAKE AND PUBLIC NEED: The remaining issue presented by the proposed plan amendment is whether it is warranted on the basis of changed conditions, a mistake, and/or a demonstrated public need. The applicants' Burden Of Proof presents arguments for justifying the proposed plan amendment on each of the three bases. The applicants suggest that the proposed adjustment would correct a mistaken UGB boundary which was established on the basis of a quarter -section line rather than on the local topography. The Hearings Officer concurs with the Staff Report that the original UGB in the pertinent area was not a mistake. Use of a quarter - section line in establishing the original UGB was as appropriate a method as any available at the time. 3 0147-1520 The applicants also suggest that the boundary adjustment would meet a public need and confer a public benefit by improving the residential development of Broken Top. While some public benefit would arise from enlarging Lot 382, thereby increasing its usefulness as a residential lot and its tax valuation, the Hearings Officer finds that this small benefit is not sufficient, on its own, to justify the proposed plan amendment. The Hearings Officer does find that the proposed plan amendment is warranted due to a change in conditions. The Hearings Officer hereby adopts and incor- porates by reference herein the findings of the Staff Report that the development of the golf course consistent with the existing topography was a change of conditions justifying a realignment of the UGB to allow residential development of and access to the subject small area adjacent to Lot 382. 3. ZONE CHANGE. Section 19.116.030 of the Bend Urban Growth Boundary Zoning Ordinance establishes the following standards for a zone change: "The burden of proof is on 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 with the plan's intent to promote an orderly pattern and sequence of growth. B. That the change will not interfere with existing development, develop- ment 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 circumstances or a mistake in the original zoning." FINDINGS: The proposed zone change is to rezone land consisting of two 1.14 - acre parcels proposed to be exchanged through the proposed UGB realignment, so that the parcel now lying outside the UGB would be rezoned to RS, and the parcel now lying within the UGB would be rezoned to UAR-10. 7 014'7-1521 The Hearings Officer hereby adopts and incorporates by reference herein the findings on pages 13 -15 of the Staff Report that the proposed zone change meets all the criteria for a zone change in Section 19.116.30 4. STATEWIDE PLANNING GOALS AND ADMINISTRATIVE RULES. A. Oregon Administrative Rule (OAR) 660-04-010(i)(B)(i-iv) establishes the following procedures and standards for changing an established UGB: "When a local government changes an established urban growth boundary it shall follow the procedures and requirements set forth in Goal 2 'Land Use Planning,' Part II, Exceptions. An established urban growth boundary is one which has been acknowledged by the Commission under ORS 197.251. Revised findings and reasons in support of an amendment to an established urban growth boundary shall demon- strate compliance with the seven factors of Goal 14 and demonstrate that the following standards are met: (i) Reasons justify why the state policy embodied in the applicable goals should not apply (This factor can be satisfied by compliance with the seven factors of Goal 14); (ii) Areas which do not require a new exception cannot reasonably accommodate the use; (iii) The long-term environmental, economic, social, and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site; and (iv) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts." B. The seven UGB "establishment factors" of Goal 14 that must be addressed when any change in an established urban growth boundary is proposed are: (1) Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC goals. (2) Need for housing, employment opportunities, and livability. (3) Orderly and economic provision for public facilities and services. 8 014'7-1522 (4) Maximum efficiency of land uses within and on the fringe of the existing urban area. (5) Environmental, energy, economic and social consequences. (6) Retention of agricultural land as defined, with Class I being the highest priority for retention and Class VI the lowest priority. (7) Compatibility of the proposed urban uses with nearby agricultural activities." The applicants' Burden of Proof raises the issue of whether the proposed realignment of the established Bend UGB actually requires the taking of an exception to Goal 14, inasmuch as it involves an even exchange of land inside and outside the UGB, it would produce no net loss of urban lands and it would not create an "exception area." Although there is logic to this argument, and it appears only factors (2), (3) and (4) in Goal 14 have any relevance to the proposed UGB realignment, the language of OAR 660-04-010(1)(B) expressly applies whenever a local government "changes" an established UGB. Thus, the Hearings Officer finds that the seven Goal 14 factors must be addressed. The Hearings Officer hereby adopts and incorporates by reference herein the "Findings Satisfying An Exception to Goal [14]" set forth at pages 7-10 of the applicants' Burden of Proof. B. OAR 660-12-060 establishes standards for plan amendments that "significantly affect" a transportation facility. The rule provides, in pertinent part: "(1) Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility.... "(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 trans- portation 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 E o147-1523 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 subsections (1) and (2) of this section shall be coordinated with affected transportation facility and service providers and other affected local governments." FINDINGS: The Hearings Officer finds that no affected transportation facility and service providers or local governments commented on the transportation facility impacts of the proposed UGB realignment, although both the Deschutes County Public Works Department and the City of Bend were asked to comment. The Hearings Officer further finds that there are two transportation facilities in the area where the UGB realignment is proposed. They are Mt. Washington Drive and Cascade Lakes Highway, both of which are public roads serving the Broken Top development. The Hearings Officer finds that the proposed plan amendment to realign the Bend UGB is not an "amendment to ... [an] acknowledged comprehensive plan ... which significantly affects a transportation facility" under the administrative rule. The Hearings Officer finds that because of the very minor nature of the proposed UGB realignment, the proposal will have no impact on the functional classification of either Mt. Washington Drive or Cascade Lakes Highway. Neither will the proposed change create additional dwellings, additional traffic or a change in the level of service on either of these roads. IV. DECISION: Based upon the above findings of fact and conclusions of law, I find that the applicants have met their burden of proof for approval of the proposed conditional use permit to amend the Broken Top Master Plan, the plan amendment to make a minor adjustment to the Bend UGB, and the zone change. The approvals are granted. Applicants shall submit to the Planning Division legal descriptions and maps for the plan amendment and zone change so that the necessary ordinances to implement this decision may be developed. Dated this 3rd day of August, 1995. 11 Mailed this day of 11 1995. 7V Karen H. Green, Hearings Officer THIS DECISION BECOMES FINAL 10 DAYS AFTER MAILING, UNLESS APPEALED. 10