1995-29893-Ordinance No. 95-056 Recorded 8/24/1995EM
REVIEWED
�WL�
95-29393 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
014'7-1528
An Ordinance Amending Ordinance No.
80-216, the Bend Area General Plan,
as Amended, Changing the Plan
Designation for Certain Property,
and Declaring an Emergency.
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WHEREAS, Pat Bauer requested a Plan Amendment to change the Plan Designation on a
16.14 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 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 COMMISSIONERS 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 18.6 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 August 4, 1995, relating to Plan Amendment Application PA -95-2, marked
Exhibit C, attached hereto and by this reference incorporated herein.
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expressly provide, and such ordinance repealed shall be treated as still remaining in force for the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punishment of the person or persons who previously violated the repealed ordinance.
KEY
ORDINANCE NO. 95-056AU51
rf1.: 1995
014'7-1529
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 day of , 1995.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
Av"TA4tyl J
BARRY H. SLAUGHTER, Chair
NAN POPE SCHLANGEN, Commissioner
v `
RO ERT L. NIPPER, Commis ioner
ORDINANCE NO. 95-056 2
0147-1530
EXI MIT "A"
A tract of land situated in the Southwest 1/4 of Section 15, Township 17 South, Range 12 East,
Willamette Meridian, Deschutes County, Oregon, being more particularly described as follows:
Beginning at the Southwest corner of Section 15, Township 17 South, Range 12 East, Willamette
Meridian, thence North 891 46' 59" East, along the south line of said Section 15, 1202.48 feet to
a point on the West right-of-way line of 18th Street; thence leaving said south line of said Section
15, following along the arc of a 760.00 foot radius curve to the left, through a central angle of
16° 55' 36", an arc distance of 224.53 feet (the long cord of which bears North 08° 23' 04" East,
223.71 feet) along said West right-of-way of 18th Street to a point of tangency; thence continuing
along said West right-of-way line, North 00° 10' 06" West, 543.55 feet to the intersection of the
South right-of-way line of Morningstar Drive and said West right-of-way line of 18th Street;
thence following along the South right-of-way line of said Morningstar Drive the following eight
courses; thence South 890 51' 29" West, 34.82 feet to a point of curvature; thence along the arc
of a 270.00 foot radius curve to the left, through a central angle of 22° 07' 37", an arc distance
of 104.27 feet (the long cord of which bears South 78° 47' 40" West, 103.62 feet) to a point of
tangency; thence South 671 43' 52" West, 254.92 feet to a point of curvature; thence along the
arc of a 382.40 foot radius curve to the right, through a central angle of 220 01' 33", an arc
distance of 147.00 feet (the long cord of which bears South 78° 46' 40" West, 146.10 feet) to a
point of tangency; thence South 89° 47' 26" West, 60.00 feet to a point of curvature; thence along
the arc of a 220.00 foot radius curve to the left, through a central angle of 25° 58' 40", an arc
distance of 99.75 feet (the long cord of which bears South 76° 48' 06" West, 98.90 feet) to a
point of tangency; thence South 63° 48' 46" West, 39.66 feet to a point of curvature; thence along
the arc of a 240.00 foot radius curve to the right, through a central angle of 07° 02' 15", an arc
distance of 29.48 feet (the long cord of which bears South 67° 19' 54" West, 29.46 feet) to a
point of nontangency and to a point on the southerly boundary line of Morningstar Subdivision
as recorded in the Deschutes County Clerk's Office; thence along said southerly boundary of said
Morningstar Subdivision, South 00° 07' 50" East, 144.15 feet; thence continuing along said
southerly boundary line, South 89° 48' 26" West, 500.82 feet to the southwest corner of said
Morningstar Subdivision and a point on the west line of said Section 15; thence leaving said
southerly line of Morniningstar Subdivision and following along the said West line of said Section
15, South 00° 13' 58" East, 426.67 feet to the point of beginning. This tract of land contains
16.14 acres.
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014'7-1532
DECISION OF DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBER: PA -95-2 and ZC-95-2
APPLICANT/
PROPERTY OWNER:
Pat Bauer 4 S 618
X23
62935 Layton Avenue o-►, �►
Bend, Oregon 97701 ��`' AU01995
ATTORNEY:
Sharon Smith
N MAILED
N DESCHUTES
Hurley Bryant Lovlien Lynch Jarvis Re s, COUNTY
`6
40 N.W. Greenwood '
P.O. Box 1151
Bend, Oregon 97709-1151
REQUEST:
Applications for a Plan Amendment and Zone Change to
amend the Bend Area General Plan designation and zoning
on a total of 15.85 acres from RL, Urban Low Density
Residential, to RS, Urban Standard Density Residential.
STAFF REVIEWER:
Paul Blikstad, Associate Planner
HEARING DATE: July 18, 1995
I. APPLICABLE STANDARDS AND CRITERIA:
1. Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary
Zoning Ordinance:
* Chapter 19.24 and 19.28, which establish uses and standards for the RL and
RS zones, respectively.
* Chapter 19.116, which establishes standards and criteria for amendments to the
comprehensive plan and for zone changes in the Bend Urban Area.
2. The Bend Area General Plan, which establishes an overall planning and develop-
ment framework for the Bend Urban Area, and includes policies for urbanization
and residential development.
3. Title 22 of the Deschutes County Code, the Deschutes County Development
Procedures Ordinance, which establishes procedures for all land use applications
in the county.
4. Oregon Administrative Rule 660-12-060, which establishes standards and
criteria for compliance of plan amendments and zone changes with the State
1
Transportation Planning Rule. 0147-1533
Oregon Statewide Planning Goals 1, 2, 6, 10, 11, 12, 13, and 14.
II. FINDINGS OF FACT:
LOCATION: The subject property is located west of 18th Street and south of
Morningstar Drive, in Bend. It is described on the County Assessor's map 17-12-
15CC as Tax Lot 1800 and that portion of Tax Lot 100 lying south of the
extension of Morningstar Drive to 18th Street.
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 consists of 15.85 acres, and has a
varied topography of somewhat level areas and higher rock outcrops, with an
elevation difference of 15-20 feet from the highest to the lowest points. The
property has a cover of widely scattered juniper trees and scrub brush.
4. SURROUNDING LAND USE: Land use in the vicinity of the subject property
is all residential development, primarily at low density but including some lands
zoned RS. The exceptions are the Wishing Well Subdivision to the west, beyond
the Morningstar Subdivision, and a parcel to the northeast of the subject property
that recently was rezoned from RL to RS. (The Wishing Well Subdivision is
developed to a higher density due to the extension of city sewer serving this area.
The majority of the dwellings in the area outside of the Wishing Well Subdivision
are on individual septic systems.) Some of the land adjacent to the subject property
is vacant, including parcels directly north and south. To the east and northeast is
undeveloped land between 18th Street and the Central Oregon Irrigation District
Canal, which serves as the Urban Growth Boundary (UGB) in the area. Further
east across the canal are somewhat larger acreage homesites
Zoning in the vicinity of the subject property is RL and RS to the north and east,
and RS to the west and south. Further south approximately one-quarter mile is
land zoned IL, Light Industrial. To the east across the irrigation canal is land zoned
SR -2.5, Suburban Low Density Residential, outside the UGB.
5. PROPOSAL: The applicant is requesting approval to amend the Bend Area
General Plan designation and zoning on the subject property from RL designation
and zoning to RS. The applicant has submitted a Burden of Proof.
6. PROCEDURAL HISTORY: The applicant submitted his application for the
plan amendment and zone change on March 14, 1995. The application was
accepted as complete by the Planning Division on March 22, 1995. Notice of
the proposed land use action and transmittals were sent to various agencies in
2
014'7-1534
late March, 1995.
This matter was originally set for hearing on June 6, 1995, and notice of the
hearing was published on May 21, 1995. On June 6, 1995, motions were filed
in Deschutes County Circuit Court by twenty-two plaintiffs against Deschutes
County, requesting an order temporarily restraining the county from taking any
action on the applicant's request for a plan amendment and zone change. The
Deschutes County Circuit Court entered a temporary restraining order on June 6,
1995, and the public hearing scheduled for that date was continued to July 18,
1995. Prior to the schedule hearing date, the plaintiffs withdrew their request for
an injunction against the county in this matter, and the public hearing took place as
scheduled on July 18, 1995.
7. PUBLIC/PRIVATE AGENCY COMMENTS: The Planning Division sent
notice of the proposed plan amendment and zone change to several agencies and
received the following comments:
A. The City of Bend recommended that the county approve the plan amendment
and zone change, and reports that the property has all city services available.
B. The Deschutes County Public Works Department commented as follows:
"The Public Works Department is supportive of this request as the street system
and other facilities in this general area are adequate to handle standard density
residential development. This modest increase in density may even have a positive
impact on transportation by encouraging more walking, bicycling and possibly
transit in the future. Standard subdivision of this property should result in 60 to 70
single family homes being built on the property which would generate an additional
600 to 700 motor vehicle trips each day on the area's streets.
Our department will withhold specific comments and conditioning on this property
until we receive a tentative subdivision plat. The applicant should be aware that
18th Street is a minor arterial and no direct access from individual lots will be
allowed directly to it. Also, Morningstar Drive is classified as a local street but due
to its design to the west, serves the area as a collector. Thus, access from
individual lots will be encouraged to come from new local streets wherever
possible rather than directly from Morningstar Drive. This property lies within the
Bend UGB, thus, all improvements will need to meet urban standards when the
property is actually developed."
C. US West Communications commented that the. developer is responsible for all
trenches, costs and conduit to extend phone service.
D. The Deschutes County Property Address Coordinator commented that if this
application is approved, any and all proposed road names must be approved by
3
014'7-1535
the Property Address Coordinator.
E. The Bend Fire Department, the Deschutes County Transportation Planner, and
Avion Water Company had no comments.
F. No comments were received from the Central Oregon Recreation District, the
Bend Metro Parks and Recreation District, Cascade Natural Gas, Pacific Power
and Light or the Bend/LaPine School District.
8. PUBLIC NOTICE: The Deschutes County Planning Division mailed written
notice of the land use hearing to property owners within 250 feet of the subject
property. Letters in opposition to the proposed plan amendment and zone change
were received from Helen P. Stewart, Larry and Diane Rumple, Jacob A. and
Connie D. Young, and William Shirk, all of whom objected to the proposed zone
change from RS to RL because of the smaller lot sizes that would be allowed in
the RS Zone.
9. PUBLIC FACILITIES AND SERVICES:
Water: The subject property is served by Avion Water.
Sewer: City sewer is available from a city trunk line located at 18th Street.
Transportation: The subject property is bordered on the north by Morningstar
Drive, which is classified as a local street. It is bordered on the east by 18th
Street, which is classified as a minor arterial.
IIL 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.
The following sections and policies of the Bend Area General Plan are
applicable to the proposed zone change:
1. Urban Development shall be encouraged in areas where urban services
can be provided and in a manner which will minimize tag costs related to
necessary urban services such as schools, parks, highways, police, garbage
4
014'7-1536
disposal, fire protection, libraries, and other facilities and services."
FINDINGS: The subject property is located within the Bend Urban Growth
Boundary, and as such is already designated for urban development. The issue
presented by these applications is whether the subject property is suitable for
urban residential development at higher (standard) density than its current (low)
density would allow. In particular, the issue is what impacts the proposed higher
density poses for the provision of urban services, such as fire protection, water and
sewer service, transportation and schools. The Hearings Officer finds that the
proposed plan amendment and zone change meet the above -quoted policy.
The area of Northeast Bend in which the subject property is located is
experiencing increasing development as a result of several factors, including
the building and opening of the new Lava Ridge Elementary School, the extension
of city sewer and water to the school, and new transportation system elements.
The Deschutes County Public Works Department has completed the new 18th
Street connection between Cooley Road on the north and Yeoman Road to the
south. The new 18th Street is a minor arterial providing access to the new school
and a north -south route identified as needed in the Bend Area Transportation Plan.
An increase in the density of development in general, and through the proposed
plan amendment and zone change, will have the effect of minimizing the tax costs
of providing necessary urban services. For example, the Morningstar Subdivision
in the RL Zone near the subject property was developed at a density of 16 lots in
approximately 12 acres. In contrast, Phase I of the nearby Wishing Well Subdivi-
sion was developed at a density of 22 lots in about 5 acres. This increase in density
spreads the tax costs of public services over more properties, reducing the tax
burden on each individual property.
An example of that effect is with police protection and schools. Police protection
for subject property will be provided by the Deschutes County Sheriffs
Department until the area is annexed to the City of Bend. The costs of protection
by the Sheriffs Department are met by property taxes. The tax burden for such
protection will be reduced for each property owner, through increases in density of
development.
Although the school district had no comments on these applications, it provided to
the staff reviewer data concerning projected school needs as well as estimated
transportation costs to bus schoolchildren. This data is a part of this record. The
district has indicated that it is prepared to provide new schools to respond to
increases and changes in the student population, and that additional schools are
planned in the district. However, the more compact the area from which a school
receives students, the more the costs of transporting each student can be reduced.
Increasing the density of residential development will have this cost -reducing
effect.
5
0147-1537
Fire protection and water are available for the subject property. The Bend Fire
Department's lack of comments in response to the county's request for comment
on the proposed change in density indicates to the Hearings Officer that the Fire
Department has concluded the subject property can be developed at a greater
density and still meet their standards. Fire protection, being a tax -supported urban
service, also can experience reduced individual tax burdens through increased
density.
The proposed increase in density will have the same individual lot cost -reducing
effect on the provision of parks and library services. The library is also supported
by taxes. The Bend Metro Parks and Recreation District owns a 40 -acre parcel for
park development located adjacent to the new school. Any subdivision developed
on the subject property will be assessed a parks development fee to support further
park property acquisition, and the maintenance of existing parks will be supported
by taxes.
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.
FINDINGS: The area adjacent to the subject property is residential in character,
with a mix of low density and higher density development. There are also larger
acreage parcels in the area that are either developed with residences on indivi-
dual septic systems or are undeveloped. The issue presented by this proposal under
this policy is whether increasing the potential density of the subject property
recognizes and respects the character of the neighboring low-density residential
developments.
The neighbors in the area who commented on the proposed plan amendment
expressed opposition to the proposal on the basis of concerns over the effect on
the character of their low-density neighborhoods by smaller lots and the increase in
population and traffic they would create. The civil action filed by twenty-two
plaintiffs, residents of the Morningstar Subdivision, to enjoin the county from
acting on the subject applications also was based in part on this concern. At the
public hearing, the attorney representing the plaintiffs in the circuit court case and
the attorney for the applicant advised the Hearings Officer that the civil matter
had been dismissed as a result of an agreement reached between the parties
concerning the nature of future development of the subject property. The Hearings
Officer was provided with a copy of a letter from the applicant's attorney to the
plaintiffs' attorney confirming the terms of the agreement. Those terms focused on
the number and size of lots, topographical features and berming, CC & R's, and
consultation between the plaintiffs and the subdivision developer for any new
subdivision development.
1 6 1
0147-1538
Although the aforementioned agreement is not binding upon the Hearings Officer
in this proceeding, nor upon the county in any future subdivision review, the
Hearings Officer commends the parties for reaching consensus on ways to assure
that any new subdivision development on the subject property will respect the
character of existing low-density neighborhoods in the area. The Hearings Officer
finds that while greater density residential development in the Bend UGB is the
inevitable result of the city's provision of sewer and water service to the entire
UGB, the above -quoted plan policy contemplates the very type of flexibility for
undeveloped areas reflected in the agreement.
Regardless of the agreement, in order to meet this plan policy, the Hearings Officer
finds that the subject property must be developed in a way that incorporates and
protects the topography of the site. The Hearing Officer concurs with the recom-
mendation in the Staff Report that the rock outcrop on the property should be
preserved, in part to reduce the potential density and make development of the
property more compatible with the adjacent low-density development in the
Morningstar Subdivision.
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.
FINDINGS: Future development of the subject property will meet this policy.
Development will be convenient with respect to employment and shopping
facilities, as 18th Street provides access to points north and south, including
the U.S. Highway 97 corridor for commercial uses and potential employers. The
development of the subject property at a higher density will be consistent with
the character of the topography on the site with a requirement that any such
development preserve the rock outcrop and otherwise accommodate elevation
differences on the subject property. Consistency with soils on the site is not an
issue here because the property must be served by city sewer, and any subdivision
development must meet standards for landscaping and surface drainage.
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.
FINDINGS: Future development on the proposed property will offer a greater
variety of housing types in the area. Greater density, reflected by a larger number
of units per acre, will provide more affordable housing than is currently available in
surrounding, lower -density properties. With approved road and utility plans for
any subdivision development, the development of the subject property will not
7
f•.ti
create health or erosion hazards.
0147-1539
The current density shown on the plan for the subject property is for a lower
density than the one proposed. However, the current density was designated
because of the lack of available city sewer and water service, and the need for
larger lots to accommodate individual septic systems. The new city sewer and
water plan which provides for such services in the entire Bend UGB, and the
county zoning ordinance changes adopted to implement that plan, now require that
the subject property be developed with city sewer and water. Lower density
development on sewer will not be economically feasible, so greater density is
inevitable. The new school, transportation facilities to serve it and the surrounding
areas, and the proximity of city sewer and water facilities all have created new
relationships between public facilities and population in this part of the Bend UGB.
The Hearings Officer finds that the proposed plan amendment and zone change
will maintain this new relationship.
The following policies of the urbanization section of the Plan are applicable
to the proposed zone change:
1. New development should bear the burden of paying for costs of
development.
2. New development should locate in areas where facilities are available
or can be provided at least cost.
3. New development can occur anywhere in the [UGB, provided that it
pays for necessary facilities.
4. Developments must pay the full cost of urban services if they occur
on developable lands prior to the city's or county's planned capital
improvements.
The application and supporting documents, and comments from public and private
agencies, indicate that all necessary services, including water, sewer and other
utilities are available to the subject property. No public expenditures will be
required to serve any future development. Eighteenth Street is now paved adjacent
to the subject property, and at county expense the road is now complete between
Cooley Road and Yeoman Road. The transportation costs to the future developer
will be for improvements to Morningstar Drive along the frontage of the subject
property, including widening, curbs and sidewalks. In addition, all costs associated
with connection to the city and other utilities' services will be borne by the future
developer. The Hearings Officer finds that the proposal complies with these
policies.
M
0147-1540
1. Within the IUGB, vacant lands passed over by development shall be
encouraged to develop prior to other lands within the boundary.
FINDINGS: The proposal complies with this policy, because the subject property
is vacant. It is adjacent to developed property, and development of the subject
property may now proceed in an orderly fashion due to the extension of sewer and
water service, and the improvement of 18th Street.
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 accor-
dance with the plans, timing, phasing, and financing of public facilities
and services.
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.
Those standards and requirements now include connection to the city sewer
system if the development is to include three lots or more, based upon the
development restrictions adopted by the county for the RL Zone to reflect the
new City of Bend water and sewer master plan for providing services to the
entire Bend UGB. The Hearings Officer finds that the proposal complies with
this policy.
3. Future urban development shall be contained within the geographic
limits of the IUGB.
FINDINGS: The subject property lies within the Bend IUGB. The boundary of
the IUGB runs along the irrigation canal east of 18th Street in this area. The
Hearings Officer finds that the proposal complies with this policy.
4. All parties shall work toward the most efficient and economical
method for providing specific urban services to the area within the UGB.
In the long run, the city is the logical provider of such services.
FINDINGS: The subject property will eventually be annexed into the City of
Bend, so that the city may provide for or coordinate the provision of urban
services. The county's development restrictions in the RL Zone, assuring that
developments of three lots or more shall connect to city sewer, assures the
provision of sewer services to any development on the subject property. Sewer
and other urban services will be most efficiently provided to development on the
subject property through increasing the density to that allowed within the RS
Zone sought in this proposal. Further, the cost of providing sewer service, which
E
014'7-1541
the Hearings Officer finds to be approximately $250 per linear foot, can be more
economically borne in development at a density allowed in the RS Zone. The
Hearings Officer finds that the proposal complies with this policy.
5. The plan shall encourage the development of vacant lands that have
urban services before the extension of services beyond presently served
areas.
FINDINGS: The subject property, which is vacant, now has urban services
available to it, including sewer, water, roads, police and fire protection. The
Hearings Officer finds that the proposal complies with this policy.
6. No new service districts shall be created within the IUGB to provide
sewer, water, roads, as well as police and fire protection.
FINDINGS: No new service districts are proposed as part of the plan amendment
and zone change. No new service district would be allowed under the applicable
plan policies and ordinances as part of the development of the subject property.
The Hearings Officer finds that the proposal complies with this policy.
The Residential Areas - Statements of Intent of the Plan Section of the
Bend Area General Plan has the following applicable standards:
111. The basic and most important single development criteria for residen-
tial 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.
FINDINGS: As discussed above, the current density for the subject property
indicated on the Bend Area General Plan is RL, low density residential. That
designation was adopted in 1979 based upon the fact that sewer service to this
part of the Bend UGB was not envisioned. Without sewer service available,
larger lot sizes were needed to accommodate individual septic systems for
dwellings.
With the new City of Bend master plan for sewer and water, all of the undeveloped
area of the Bend UGB is anticipated to be served by city water and sewer. Under
the county's development restrictions in the RL Zone, which require all develop -
10
014'7-1542
ments of three lots or more to connect to sewer, and in light of the high cost of
extending sewer (especially to large lots), the RL Zone will become obsolete.
Urban services can be most efficiently and economically extended to RS zoned
land in the Bend UGB. The density proposed by the plan amendment and zone
change will allow densities appropriate for the extension of urban services. The
Hearings Officer finds that the proposal complies with this policy.
4. All residential developments shall respect the physical characteristics
of the site relating to soils, slope, geology, erosion, flooding, and natural
vegetation.
FINDINGS: No specific development proposal for the subject property has
been submitted. Any development proposed would require review through the
land use process, including review of the physical characteristics of the site
relative to soils, slope, geology, erosion, flooding and natural vegetation. As
noted above, any future development of the subject property shall be required
to recognize the topography and elevation changes on the site, and the rock
outcrop on the property will be preserved. The Hearings Officer finds that the
proposal complies with this policy.
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.
FINDINGS: Any future development proposed for the subject property will
be required to meet applicable residential standards, including county and city
standards for subdivisions. Those standards are the same for all subdivisions within
the UGB, and include the paving of roads and the installation of all necessary
utilities.
As noted in the discussions above, the proposed plan amendment and zone change
are consistent with the goals, objectives, policies and statements of intent in the
plan. There has been a substantial change in the character of development in the
area of the Bend UGB in which the subject property is located, because of the
new school, transportation facility improvements and the extension of city water
and sewer service to the area. As a result, low-density developments characteristic
of the RL Zone will no longer be possible, and the character of the area will
change. Any future development of the subject property must recognize the
topography of the site and preserve the rock outcrop on the property, which will
have the effect of lowering the density somehwhat from what would be possible in
the RS Zone, and will therefore respect the character and quality of the surroun-
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014'7-1543
ding neighborhoods. In addition, as noted above, the applicant and the neighbors
who filed suit to enjoin the proposed plan amendment and zone change have
reached agreement regarding densities and lot sizes in future development of the
subject property. Although that agreement is not at issue in this proceeding, it
reflects the intention of the applicant to develop the subject property in a way
which respects the character and quality of the surrounding neighborhoods. The
Hearings Officer finds that the plan amendment and zone change proposal
complies with this policy.
2. ZONE CHANGE.
Section 19.116.030 of the Deschutes County Code establishes the following
criteria for zone changes:
"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 with the plan's intent to promote an orderly
pattern and sequence of growth."
FINDINGS: The Hearings Officer finds that the proposed zone change is con-
sistent with the plan's intent to promote an orderly pattern and sequence of
growth, as discussed in the foregoing findings, in that the proposed development
will occur concurrently with the provision of necessary urban services, and will
result in a density consistent with the density planned for the RS Zone. With the
completion of 18th Street and the extension of the city sewer service to the area,
and with the opening of the new school, parcels in this part of the Bend UGB will
develop at a faster pace than anticipated in the plan. However, the pace of deve-
lopment will not outrun the availability of urban services.
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.
FINDINGS: The Hearings Officer finds that the proposed zone change will
not interfere with the development potential of land in the vicinity of the subject
property. Much of the surrounding land is undeveloped, and therefore less
susceptible to any negative effects from increased density of development. The
land available for development in the vicinity will develop more rapidly as urban
services become available. The rezoning of the subject property, as well as the
potential to rezone other RL -zoned property in the vicinity, will determine the
level and density of development in the area.
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4147-1544
The Hearings Officer finds that the proposed zone change will not interfere with
existing development in the area. There is no question that development of the
subject property, and the increased density it will bring, will create additional
vehicle traffic from construction and from new residents. However, this increase
is the inevitable result of development in this part of the Bend UGB. There will
undoubtedly be impacts on existing development from the increase in vehicular
traffic from future development on the subject property. The issue, however, is
whether that impact will "interfere" with existing development. Future develop-
ment of the property must meet all county and city standards for subdivisions, and
the developer of any future development must provide at his or her own cost the
connections necessary for all urban services, as well as road improvements
necessitated by that development. These road improvements, such as sidewalks,
will in fact provide benefits to the entire neighborhood.
The question of whether the proposal will interfere with the value of other land
in the vicinity of the subject property is more problematic. There is anecdotal
evidence, in the letter submitted by Mr. and Mrs. Rumple, that the presence of
smaller lots and lower-priced homes in the Wishing Well Subdivision, in the
vicinity of the Morningstar Subdivision and the subject property, has caused a
devaluation of homes in the Morningstar Subdivision. The Hearings Officer agrees
with the observation in the Staff Report that property devaluation in the vicinity of
the subject property, if any, may be an inevitable consequence of growth within
the urban area. That growth has taken a number of forms, including the completion
of 18th Street, the opening of the new school, the extension of city sewer and
water to the area, and the changes in the county's zoning ordinance to restrict
further development in the RL Zone unless it is connected to sewer. Growth in this
part of the Bend UGB may also have the effect of increasing the value of other
undeveloped land in the vicinity of the subject property, inasmuch as the availa-
bility of urban services and the resulting increase in density may make undeveloped
property in the area more valuable for development.
The Hearings Officer finds that any interference with the value of other land in the
vicinity of the subject property is not the result of this proposed zone change, but
rather results from the growth in the area, the increase in density necessitated by
the city's provision of sewer and water to the area, and the county's policy to
restrict development in the RL Zone to require sewer connection.
C. That the change in classification for the subject property is consistent
with the purpose and intent of the proposed zone classification.
FINDINGS: The stated 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
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family living."
014'7-1545
The proposed zone change will provide for an increase in density for this area of
the Bend UGB, which now has sewer and water service and is served by the new
18th Street. The zone change will allow additional families to live in the urban area
near an existing elementary school, and relatively close to employment and
shopping areas. The planned connection of 18th Street to Empire Avenue will
make access to other commercial areas in Northeast Bend even easier. The
Hearings Officer finds that the proposal complies with this standard.
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.
FINDINGS: The Hearings Officer finds that the proposal meets this standard.
As discussed above, public services already have been extended, or are already
available to, the subject property. Utilities also are available. The development of
the subject property for a residential subdivision will be subject to the standards
governing subdivisions, and will require connection to the public services and
utilities, and construction of new internal roads to connect to 18th Street and/or to
Morningstar Drive. The proposed zone change and the resulting increase in density
is consistent with the county's policies on the efficient and economic provision of
public services, as discussed above.
E. That there is proof of a change of circumstances or a mistake in the
original zoning.
FINDINGS: The Hearings Officer finds that the original RL zoning of the subject
property was not a mistake. As discussed above, the RL Zone was required to
assure lot sizes adequate to accommodate individual septic systems and reserve
areas.
The Hearings Officer finds that the zone change is justified by a change in circum-
stances -- namely the change in policy at the city and county to provide city
sewer and water to the entire IUGB and to limit development in the RL Zone to
lots connected to sewer. As discussed above, it is neither efficient nor economical
to develop land in the RL Zone at low density, because of the requirement and cost
of connection to sewer. The policy of the city and county is to confine urban
development to within the UGB. In order to carry out this policy, the increase in
density in the RL Zone is necessary.
3. OREGON ADMINISTRATIVE RULES.
OAR 660-12-060 Plan and Land Use Regulation Amendments, provides:
14
0147_.1546
"(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. This shall be accom-
plished 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 plan;
(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 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 there are two existing transportation
facilities potentially affected by the proposed plan amendment and zone change --
18th Street and Morningstar Drive. The Hearings Officer finds that the proposed
change will not significantly affect 18th Street. The proposed plan amendment and
zone change will allow 18th Street to function at an acceptable level of service.
Eighteenth Street is designated an urban arterial with an approximate capacity of
12,000 vehicle trips per day. This road has just been completed and currrently has
less than 1,000 vehicle trips per day. Although traffic on this road is anticipated to
increase as drivers become aware of its existence, neither the city nor county
15
0147-1547
public works departments indicated they anticipated the increased traffic would
exceed 18th Street's design capacity. Future development on the subject property
will not be allowed direct access onto 18th Street.
Property owners living near the subject property who wrote letters in opposition
to the proposed plan amendment and zone change expressed concern about the
impact of this proposal on Morningstar Drive. It is designated as a local street on
the transportation plan. This road has a design capacity of approximately 7,000
vehicle trips per day. There are no current traffic counts on this road, but County
Public Works staff estimate an existing count of approximately 500 vehicle trips
per day. The connection of Morningstar Drive to 18th Street lies at the northeast
corner of the subject property. The act of connecting these two streets may have
an effect on the level of traffic on Morningstar Drive. However, since there is no
specific development proposal for the subject propery before the Hearings Officer
at this time, it is not possible to determine what impact, if any, future development
of the subject property will have on Morningstar Drive. The Hearings Officer finds
that any change in the function of Morningstar Drive that may result from its
connection to 18th Street will not be the result of approval of the proposed plan
amendment and zone change for the subject property.
The Hearings Officer finds that this proposal complies with the administrative rule.
These transportation facility determinations have been coordinated with both the
city and county public works departments. Neither of these agencies expressed
concern about the impacts of the proposed plan amendment and zone change on
the transportation system or facilities in this part of the Bend UGB.
4. STATEWIDE PLANNING GOALS.
FINDINGS: 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 change has the burden of proving that
the change 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 statewide land use planning goal.
The Hearings Officer finds that the proposed plan amendment is in compliance
with all applicable statewide land use planning goals. The Hearings Officer hereby
adopts and incorporates by reference herein the findings on compliance with the
goals contained at pages 14 and 15 of the applicant's Burden of Proof.
5. DECISION:
Based upon the above findings of fact and conclusions of law, I find that the
applicant has met his burden of proof for approval of the proposed plan amendment
and zone change to change the plan map designation and zoning of the subject
16
014'-1548
property from RL, Urban Low Density Residential, to RS, Urban Standard Density
Residential. The approvals are granted subject to the condition that future subdivi-
sion development of the subject property shall preserve the rock outcrop on the
property. In addition, the applicant shall provide to the Planning Division a legal
description and map of the subject property to facilitate the adoption of ordinances
implementing the changes approved herein.
Dated this 3rd day of August, 1995.
Mailed this
'I"
day of 1995.
Karen H. Green, Hearings Officer
THIS DECISION BECOMES FINAL 10 DAYS AFTER MAILING, UNLESS
APPEALED.
17