1995-42471-Ordinance No. 95-078 Recorded 12/7/199595-424'71
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
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.
ORDINANCE 95-078
I
�.,)
LEGAL COUNSEL
¢.. -
r
i
zf
0148-1422
WHEREAS, Mike Knoell requested a Plan Amendment to change the Plan Designation on a 9.47
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 9.47 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 November 15, 1995, relating to Plan Amendment Application PA -95-8, 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repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or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
ORDINANCE NO. 95-078
KEYPtlw 5,; acD
b.
95
0148-1423
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the repealed ordinance.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 iday of , 1995.
ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
"1�2 " �*j
BARRY H.AUGHTER, hair t
CY POPS Sr—HLjkNGEN, Commissi
u
Recording Secretary RO T L. NIPPER,
ORDINANCE NO. 95-078 2
0148-1424
s �n1127
V, I,`'�
' s
Page 4 of Order No. 110648 -HJ, dated July 9, 1993 3 j 2 1
0 1I
DESCRIPTION SHEEP
The North half of the Northeast Quarter of the Southwest Quarter
(N1/2NE1/4SW1/4) of Section Fifteen (15), Township Seventeen (17) South, Range
Twelve (12), East of the Willamette Meridian, Deschutes County, Oregon.
EXCEPTING that portion lying within the boundaries of Country View Estates, a
platted subdivision.
ALSO EXCEPTING THEREFROH
Beginning at the CWl/16 corner of the centerline of said Section 15; thence
along the centerline of said section North 89°38'20" East, 1132.98 feet to the
true point of beginning of this description; thence leaving said centerline
South 69°25'50" West 232.61 feet; thence South 39°00'45" West 170.00 feet]
feet to a point on the said centerline;
thence North 24°15'59" West 231.64
feet to the true
thence along the said centerline North B9°38'20" East 420.00
' point of beginning and the terminus of this description.
c
-END-
1
1
e STATE OF OREGON ) SS.
COUNTY OF DESCHUTES )
I, MART SUE PENNOLLOW, COUNTY (LIRK AND
F
RECORO[R OF S, IN AND FOR SAID
CONVEYANCE
STATE OF OREGON ) SS. HEREBY CERTIFY THAT THE WITHIN
I
COU OF DESCNUTES) CNSyItU DO
INSTRUMENT WAS RECORO[D THIS DATA
I, MART SUE PENHOLLOW, COUNTY CLERK AND
IN AND FOR SAID ,�
RECORDER Of CONVEYANCES, _ l l 3: !; ,
f COUNTY, DO HEREBY CERTIFY THAT THE WITHIN
INSTRUMENT WAS RECORDED TNIS DAY:
f o, t l ?1 fl1 3 (t4
f
/�-q3-249"ib FET'Y- -- n---
No
_ _ ---
F DESCNUTES COUNTY OFFICIAL RECORDS
F
No.__-._ --_"-
Y OFFICIAL RECORDS
D[SCHUT[S COUNT
t
I /
w
G
DECISION OF DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBER:
APPLICANT/
PROPERTY OWNER:
ATTORNEY:
PA -95-8, ZC-95-8
Mike Knoell
1201-J East Ocean Avenue
Lompoc, California 93436
Sharon Smith
Bryant, Lovlien & Jarvis
P.O. Box 1151
Bend, Oregon 97709
15161.7
CY) 0 1995
to MA1�o
OES uNS
a0
BOE 6Z$2
REQUEST: The applicant is seeking approval of a plan amendment and
zone change to amend the Bend Area General Plan designa-
tion and zoning on a 9.47 -acre parcel from RL, Urban Low
Density Residential, to RS, Urban Standard Residential.
STAFF REVIEWER: Paul Blikstad, Associate Planner
HEARING DATE: October 17, 1995
L APPLICABLE STANDARDS AND CRITERIA:
A.
B.
C.
D.
E.
The Bend Area General Plan
Title 19 of the Deschutes County Code, the Bend Urban Growth Boundary
Zoning Ordinance
* Chapter 19.24, RL, Urban Low Density Residential Zone
* Chapter 19.28, RS, Urban Standard Density Residential Zone
* Chapter 19.116, Plan Amendments and Zone Changes
Title 22 of the Deschutes County Code, the Deschutes County Development
Procedures Ordinance
Oregon Administrative Rules Chapter 660-12, Transportation Planning
Oregon Statewide Land Use Planning Goals
IL FINDINGS OF FACT:
A. Location: The subject property is located in northeast Bend, between 18th Street
and the Pilot Butte Canal. It is further described as Tax Lot 100 on Deschutes
1
0148-1421
County Assessor's Map #17-12-15CA.
B. Zoning: The subject property is zoned RL, Urban low Density Residential, and is
designated residential on the Bend Area General Plan.
C. Site Description: The subject property consists of 9.47 acres with no structures.
The site has been graded and partially cleared of vegetation. The site is somewhat
level with areas of rock outcrops with an elevation difference of approximately 15
feet from the highest to lowest points. There remain on the site some juniper trees
and native scrub typical of the high desert.
D. Surrounding Land Use: Land uses in the vicinity of the subject property include
low-density residential development, some higher density residential development,
and much vacant land. Because city sewer has only recently been extended to the
area where the subject property is located, the majority of dwellings are on indi-
vidual on-site sewage disposal systems. The parcels directly to the north, south and
to the west across 18th Street are vacant. To the east of the subject property
across the Pilot Butte Canal is the Country View Estates Subdivision.
Zoning in the vicinity of the subject property is RL to the north and west and RS
to the south. Property to the east across the canal is outside of the Bend Urban
Growth Boundary and is zoned SR -2.5, Suburban Low Density Residential.
E. Procedural History: The subject property previously received approval for
a conditional use permit and a tentative plan for a 20 -lot planned unit development
(PUD). That approval expires in 1996. Grading, clearing and other site preparation
under those approvals have taken place on the site. The applicant testified at the
public hearing in this matter that the plans for the PUD have been abandoned for
financial reasons in favor of the subject plan amendment and zone change proposal
to allow denser residential development with a total of 31 lots.
F. Proposal: The applicant is requesting approval to amend the Bend Area General
Plan designation and the zoning on the subject property from RL, Urban Low
Density Residential, to RS, Urban Standard Density Residential, to allow the
subject property to be developed as a 31 -lot residential subdivision to be served
by City of Bend sewer and water.
G. Public Agency Comments: The Planning Division sent notice of the proposed
plan amendment and zone change to a number of agencies, and received responses
from the Deschutes County Public Works Department and Property Address
Coordinator; the Bend Fire Department; and the Bend-LaPine School District.
Those comments are set forth verbatim at pages 2-4 of the Staff Report, and are
incorporated by reference herein.
H. Public Notice and Comments: The Planning Department also sent written notice
2
0118_11__A1,78
of the proposal to the owners of all property located within 250 feet of the subject
property. One letter in opposition to the proposal was received from Jeff Perreault.
III. CONCLUSIONS OF LAW:
A. Plan Amendment Criteria
1. The Bend Area General 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 re-
questing 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. (Page 69)
FINDINGS: The Hearings Officer finds that the applicant has demonstrated that the
proposed plan amendment and zone change are warranted due to a change in conditions.
Findings on this aspect of the above -quoted plan policy are set forth below, at page 14, in
the discussion of the proposal's conformance with the criteria for a zone change.
The Hearings Officer finds that the following goals, policies, assumptions and
recommendations of the Bend Area General Plan are applicable to the proposed plan
amendment and 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 disposal, fire
protection, libraries, and other facilities and services. (Page 6)
FINDINGS: The Hearings Officer finds that the proposed plan amendment and zone
change are consistent with this policy because urban services are now available to the
subject property.
1. Highways . The Deschutes County Public Works Department has completed the new
18th Street connection between Cooley Road on the north and Yeoman Road on the
south. This road was constructed to serve the new Lava Ridge Elementary School, as well
as to provide a needed north -south transportation route specified on the Bend Area
General Plan. Eighteenth Street will be an urban minor arterial serving the northeast part
of the Bend Urban Area.
2. Water. The subject property is served by the Avion Water Company. Avion did not
respond to the Planning Division's request for comments on the proposed plan amendment
and zone change. The Hearings Officer concurs with the staffs finding that the lack of
3
(.
74
comment from Avion indicates the company believes there is sufficient capacity in its
water delivery system to serve the subject property at an urban -level density of
development.
3. Sewer. The City of Bend sewer system has been extended to the area of the subject
property through the extension of service to the new Lava Ridge Elementary School.
There is a trunk sewer line located to the south of the subject property, to which the
property can connect. As discussed in detail in the findings below, the extension of city
sewer to the area of the subject property makes its subdivision development at low density
no longer legally possible or financially feasible.
4. School. The new Lava Ridge Elementary School adjacent to 18th Street and Cooley
Road is now in use. It was designed to serve the district's students living in the northeast
part of Bend, both inside and outside of the urban growth boundary. The school district's
response to notice of the subject proposal states that new schools will be needed in the
Bend area in the next two to five years, and that the district will construct new schools in
response to the growth of the area.
The Hearings Officer concurs with staffs findings that denser urban development will
reduce the tax burden for new schools on individual properties, as well as reducing student
transportation costs. Spreading the costs of new bonds and operating levies for schools
over a greater number of properties makes the tax burden for each property less. In
addition, the more compact the area which a school serves, the less the cost of
transporting students by bus. The more students who live within walking or bicycle -riding
distance of their schools, the fewer students will require transportation by bus.
5. Fire Protection. The Bend Fire Department's written comments in response to notice of
this proposal indicate that development of the subject property to standard residential
density can meet the department's standards for fire protection. In addition, as indicated in
the findings above, there is sufficient water system capacity to assure adequate fire flows.
6. Parks. There has not been park development in the northeast part of the Bend Urban
Growth Boundary. The Bend Metro Parks and Recreation District has a park master plan
in place as well as systems development charges for urban park acquisition and
development. The Parks District owns a 40 -acre parcel immediately south of the Lava
Ridge Elementary School designated for development of a park to serve the area in which
the subject property is located. The Parks District's levy, which passed in May of 1995,
will be spread across property within district boundaries. As discussed in the findings
above concerning schools, spreading the tax burden of that levy over a greater number of
properties developed through denser urban development will reduce the tax burden on
each individual property.
7. Libraries. The Deschutes County Library bond measure which recently received voter
approval will allow the construction of new library facilities. As discussed in the findings
4
above, greater density of development will result in a reduction in the tax burden from this
bond measure on individual properties.
3. Future development and local development standards shall
recognize and respect the character of existing areas. Maxi-
mum flexibility in development should be encouraged in un-
developed areas. (Page 6)
FINDINGS: With the extension of city sewer services to the area of northeast Bend in
which the subject property is located, the area is now developed with a mixture of low-
density and higher -density residential development, as well as a number of vacant parcels.
The Morningstar Subdivision, which was platted in 1979 and 1980 before sewer was
available, has relatively low-density development. In contrast, the Wishing Well
Subdivision, which was platted after sewer became available and following a zone change
from RL to RS, is characterized by much denser residential development. The Hearings
Officer concurs with the staffs findings that with the extension of sewer service to this
area and the requirement in Title 19 that new subdivision development be connected to
city sewer, discussed in the findings below, additional low-density residential development
such as that allowed in the RL Zone will not occur. The cost of providing urban services
to large -lot, low-density development will be prohibitive at the current half -acre lot
density.
Notwithstanding the significant change in potential density of development resulting from
the extension of city sewer to this part of the Bend urban area, the Hearings Officer finds
that development of the subject property shall still recognize both the variation in density
of the surrounding area as well as the topography and natural features of the subject
property. The applicant's Burden of Proof indicates his intent to develop the site for a 31 -
lot subdivision although a zone change to RS would theoretically allow as many as 40 lots
if the entire site were graded and leveled. The applicant also testified at the public hearing
that he has entered into a written agreement with surrounding property owners regarding
the density and appearance of any future subdivision on the subject property. The
Hearings Officer concurs with the staffs findings that future development of the subject
property shall take into account the site's topography, and that further leveling of the site
shall be avoided in favor of a development that will incorporate the remaining topography
and vegetation.
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. (Page 6)
FINDINGS: The Hearings Officer concurs with staffs findings that development of the
subject property for a residential subdivision will be convenient for both employment and
shopping facilities. Eighteeth Street will provide access to points north and south,
5
G148� y
including the Highway 97 corridor for commercial uses and potential employers. As
discussed in the findings above, development of the subject property can be consistent
with the character, topography and soils on the site if no further leveling occurs and any
future subdivision development incorporates the existing topography and vegetation.
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. Den -
sites recommended on the plan shall be recognized in order
to maintain property relationships between proposed public
facilities and services and population distribution. (Page 6)
FINDINGS: The Hearings Officer finds that the proposed plan amendment and zone
change will allow the subject property to be developed at greater density, offering
potentially more affordable housing than larger dwellings developed on large lots. The
Hearings Officer concurs with staffs findings that development of the subject property
consistent with the topography of the site and with approved road and utility plans will not
create health or erosion hazards.
The existing density shown on the Bend Area General Plan is lower than the one
proposed. The original plan density designation was established based on the fact that at
the time the plan was adopted, the City of Bend had no plans to provide sewer service to
this part of the Bend Urban Area. The Hearings Officer finds that with the provision of
city sewer service to this area and the restriction on subdivision development without
sewer connection, the proper relationship between public facilities and population
distribution can now only be maintained by development at the greater densities that make
public facility extension and connection financially feasible.
Urbanization Policies (Pages 19-20)
Within the IUGB, the following policies will apply to the conversion
of urbanizable land to urban land.
1. New development should locate in areas where facilities are
available or can be provided at least cost.
FINDINGS: As discussed in the findings above, urban public services are now available
to the subject property. In addition, the proposed plan amendment and zone change will
allow the subject property to develop at a greater density, making the provision of public
services less expensive for each lot.
2. New developments shall pay the full cost of providing urban
service if the development occurs prior to the City's or County's
planned capital improvements.
0148-1432
FINDINGS: The Hearings Officer concurs with staffs finding that any future subdivision
development of the subject property will be required to improve 18th Street adjacent to
the property. In addition, any connections to and/or construction of public or private
utility facilities shall be borne by the developer of the property.
3. Within the IUGB, vacant lands passed over by development
shall be encouraged to develop prior to other lands within
the boundary.
FINDINGS: The Hearings Officer finds that the proposed plan amendment and zone
change will allow the subject property to be developed at an appropriate time with respect
to the provision of public services. Prior to the extension of city sewer service to this area
and the construction of 18th Street adjacent to the property, development of this property
would not have been feasible. Now that these public services are constructed and available
for connection, this part of the Bend Urban Area, including the subject property, will
develop at a faster and in a more systematic and orderly fashion.
4. 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.
FINDINGS: The Hearings Officer concurs with staffs findings that development of the
subject property will be subject to joint oversight by the city and county. The developer
will be required to meet all applicable city and county development standards.
Development of the subject property at urban standard density with connection to city
sewer is consistent with the City of Bend's master plans for sewer and water facilities, as
well as with the development restrictions in Title 19 of the Deschutes County Code that all
new development of three or more lots must connect to the city sewer system in order to
assure adequate, safe and efficient sewage disposal.
5. Future urban development shall be contained within the
geographic limits of the IUGB.
FINDINGS: The Hearings Officer finds that the subject property is located within the
IUGB, as the Bend Urban Growth Boundary runs along the Pilot Butte Canal on the east
of the subject property.
6. The City, County, and special districts shall work toward the
most efficient and economical method of providing specific
urban services to the area within the IUGB. In the long run,
the City is the logical provider of such services.
FINDINGS: As indicated in the findings above, the proposed plan amendment and zone
change will allow the subject property to be developed at a greater density which will
7
0148-1433
allow more efficient and economic provision of public services to the property. The
Hearings Officer concurs with and incorporates by reference herein the staffs findings, set
forth at page 11 of the Staff Report, regarding the reduced cost of extending sewer, water,
roads and utilities to more densely developed land, and that extending such urban services
to land developed at RL -type densities is neither efficient nor economical.
7. The plan shall encourage the development of vacant lands that
have urban services before the extension of services beyond
presently served areas.
FINDINGS: As discussed in the findings above, the subject property now has full urban
services, including improved roads, sewer, water, police and fire protection. The Hearings
Officer finds that the proposal is consistent with this plan policy.
8. No new service districts shall be created within the 1UGB
to provide sewer or water service without the concurrence
of the City and County.
FINDINGS: No new service districts are proposed as part of this plan amendment and
zone change. No new service district shall be allowed as part of any development of the
subject property.
Residential Policies (Pages 33-34)
The statements which follow set forth policies for future residential
development in the community.
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 per-
mitted within various density areas.
3. All new housing developments shall conform with the desig-
nated housing density, regardless of building type, site size,
or timing as related to other developments.
FINDINGS: As discussed in the findings above, the subject property was designated on
the General Plan for less dense development than that proposed, based on the fact that at
that time the plan was adopted, the City of Bend had no intention of providing public
sewer service to the area. Without public sewer available, larger lot sizes and less dense
development were required in order to provide adequate area to allow the construction of
8
0148-143`4
on-site sewage disposal systems and reserve areas. The Hearings Officer concurs with, and
incorporates by reference herein, the staffs findings with regard to the difficulties in siting
on-site sewage disposal systems on many lots in the Bend Urban Area, regardless of the
lot size. For the foregoing reasons, the Hearings Officer finds that the proposed plan
amendment and zone change will allow the subject property to be developed at a greater
density, consistent with the availability and efficient and economical provision of public
services.
4. All residential developments shall respect the physical
characteristics of the site relating to soils, slope, geology,
erosion, flooding, and natural vegetation.
FINDINGS: A rough draft of a development proposal for the subject property was
submitted with this plan amendment/zone change proposal. In addition, the applicant
testified at the public hearing that it is his intent to develop a 31 -lot subdivision that would
recognize the existing topographical features of the site, and that he has entered into a
written agreement with surrounding property owners concerning the density and
appearance of the subdivision. For the reasons discussed in the findings above, the
Hearings Officer finds that any subdivision development of the subject property shall be
required to incorporate the existing features of the site, with no further leveling of the site.
6. All residential areas shall be provided with community water
and sewer service.
FINDINGS: As discussed in the findings above, the subject property is served by the
Avion Water Company, and city sewer service is available to the property.
7. 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.
FINDINGS: The Hearings Officer finds that future development of the subject property
will be subject to the same subdivision development standards as apply to subdivisions
within the city limits.
8. New developments in existing residential areas shall respect
the character and quality of the areas in which they locate.
FINDINGS: As discussed in the findings above, the character of the area of northeast
Bend in which the subject property is located has changed with the construction of the
new elementary school and 18th Street, and with the provision of city sewer service to the
area. What was previously a largely undeveloped area with some large -lot residential
development can no longer be efficiently or economically developed at such low density.
In fact, as discussed above, RL -type subdivisions will likely not occur again in the Bend
Urban Area, since vacant land can no longer be subdivided without connection to city
0
(�1�- qua
sewer facilities. As a result, the area now contains a mixture of vacant land, large -lot
subdivisions and smaller -lot subdivisions in areas that have been rezoned to RS.
The proposed plan amendment and zone change will allow the subject property to develop
at greater density than contemplated in the RL Zone. In light of the change in the
character of the surrounding area and the resulting mixture of low- and higher -density
residential developments, the Hearings Officer finds that any development of the subject
property will need to respect both the mixed nature of the surrounding area as well as the
specific topographic features of the site. The applicant has indicated his intent to develop
the subject property with a residential subdivision at a somewhat lower density than would
be allowed in the RS Zone and if the site were completely leveled, in order to respect the
character of the larger -lot subdivisions in the area as well as the topography of the site.
The Hearings Officer finds that with such development, the subject property can be
developed in a manner which respects the character and quality of the surrounding area.
B. Zone Change Criteria
1. Section 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 with the
plan's intent to promote an orderly pattern and se-
quence of growth.
FINDINGS: Conformance with the Bend Area General Plan has been addressed in the
findings above. The Hearings Officer finds that the proposed zone change from RL to RS
is consistent with the plan's intent to promote orderly growth. As discussed above, with
the construction of the new Lava Ridge Elementary School and 18th Street and the
extension of city sewer service to this part of the Bend Urban Area, the area will now
develop at a faster and more orderly pace. In addition, the proposed zone change will
allow the subject property to be developed at a greater density, allowing for more efficient
and economic provision of urban public services than could be provided to large -lot, low-
density development. The subject property will have adequate access to the surrounding
transportation facilities with the connection to and improvement of 18th Street where it
abuts the subject property.
B. That the change will not interfere with existing
development, development potential or value of
other land in the vicinity of the proposed action.
10
0148.1 �.u6
FINDINGS: As discussed in the findings above, the part of the Bend Urban Area in which
the subject property is located is undergoing significant change as a result of several
factors. These changes can have both positive and negative impacts on surrounding
properties. On one hand, the extension of sewer and urban transportation facilities in this
part of the Bend Urban Area makes development of the vacant lands at greater densities
possible, thus significantly increasing the development potential and thereby the value of
those lands. On the other hand, residents of the existing, low-density residential
developments in the area argue that the encroachment of more dense urban development
in their neighborhood negatively affects the livability and value of their property.
Opponents to the proposed zone change have argued that it will reduce the value of their
properties. The opponents are residents of the Country View Estates Subdivision located
outside the Bend Urban Growth Boundary across the Pilot Butte Canal from the subject
property, zoned SR -2.5 and developed with large -lot residential uses.
The Hearings Officer understands the opponents' concerns, but believes that the real or
perceived potential negative impacts on their properties have more to do with the
significant changes in local government policies on development within the Bend UGB
than with the proposed zone change. The City of Bend's decision to provide public sewer
and water service to the entire urban area, followed by the county's amendment of the
Title 19 to prohibit subdivisions in the UGB without sewer, have precipitated significant
changes in density and the nature of development in many of the outlying urban areas.
The owners of vacant, urban parcels can no longer legally or economically subdivide them
at RL densities since it is neither practical nor economical to extend sewer and water to
individual lots with the minimum 20,000 square foot RL lot size.
The crux of the opponents' argument is that some lots in the Morningstar Subdivision have
decreased in value since the development of the Wishing Well Subdivision at RS -Zone
densities, indicating that the proposed zone change on the subject property will have a
similar impact on the values of the opponents'properties. The opponents further argue that
the devaluation of their properties will be more dramatic because of the significant
difference in density between the RS and SR -2.5 Zones. The opponents argue that there
should be some sort of density "buffering" between their large suburban lots and the
smaller urban lots permitted in the RS Zone, and apparently believe the existing RL Zone
provides the appropriate density for such a transition area. In support of their arguments,
the opponents have submitted an opinion letter from Sonnie Grossman, a real estate
broker.
In response, the applicant submitted assessment records and his own analysis of the
valuation of properties in the area of the subject property. The applicant reviewed the
assessed values of 61 lots in the surrounding area, including some lots outside the UGB
zoned SR -2.5. The evidence he submitted indicates that 17 of the lots analyzed have
decreased in assessed value during the 1993, 1994 and 1995 assessment years, but that
only four of the 17 parcels have 1995 assessed values less than their 1993 assessed values.
The applicant also argues that the decrease in value of those four properties cannot be the
11
0148-14
result of a density increase in the surrounding properties because the affected lots are
neither adjacent to nor in view of the higher density development in the area.
At the outset, the opponents' arguments present a preliminary legal question. The zone
change criterion in Section 19.116.030(B) and set forth above requires that the proposal
not interfere with the value of other land "in the vicinity of the proposed action." The
applicant, opponents and staff all appear to agree that the "vicinity" analyzed should
include the parcels outside the UGB zoned SR -2.5.
The term "vicinity" is not defined in Title 19. The opponents argue that the ordinary
definition of the term is broad enough to include their properties. The Hearings Officer
concurs. However, the Hearings Officer notes that where, as here, the proposed zone
change involves property adjacent to the UGB, such a broad interpretation may be
problematic. Traditional "urban" uses permitted inside the UGB may, by definition, be
incompatible and "interfere" with adjacent non -urban uses on parcels lying outside the
UGB. For example, although two of the three zones immediately outside the Bend UGB --
UAR-10 and SR -2.5 -- are intended to function as urban "holding zones," the uses
permitted outright and conditionally in these zones include farming and the keeping of
livestock. Nevertheless, notwithstanding the potential problems presented by interpreting
"vicinity" to include properties both inside and outside the UGB, the Hearings Officer
concurs that it is more appropriate in this case to interpret the term broadly enough to
include properties outside the UGB which may be influenced by zone changes on adjacent
or nearby land within the UGB.
The question remains whether the applicant has met his burden of proving that the
proposed zone change will not "interfere with ... [the] value of the other properties in the
vicinity. The opponents rely heavily upon the opinion letter of Sonnie Grossman to the
effect that the proposed zone change will devalue their properties. However, Sonnie
Grossman's letter also states her opinion that "[r]eal estate valuation (and appraisal) takes
into account a number of factors." While two of those factors are the zoning and density
of adjacent and neighboring properties, the Hearings Officer finds that there are a number
of other relevant factors affecting property values, some of which can be highly subjective.
Those can include, for example, the appearance and construction quality of an existing
house or the view from a lot. Consequently, in the absence of lot -specific information
about the parcels that have experienced decreases in assessed value, the Hearings Officer
finds that Sonnie Grossman's opinion is not particularly persuasive on the question of
whether the proposed zone change will cause a decrease in the valuation of any particular
parcel.
The Hearings Officer finds that the property value analysis submitted by the applicant is
persuasive evidence that other factors are influencing the value of properties in the area in
which the subject property is located, including the uncertainty about how the vacant
properties in this part of the Bend UGB will develop. Of the 17 parcels identified as
having experienced a decrease in assessed value during the 1993, 1994 and 1995
assessment years, the majority (10 parcels) are lots in the Morningstar Subdivision which
12
014`.9-1 438
abut undeveloped large -acreage parcels west of the subject property. The remaining seven
parcels which have experienced decreases in assessed value are scattered small -acreage
parcels south and west of the subject property, five of which are outside the UGB and
only one of which (Tax Lot 1900 on Assessor's Map 17-17-16D) is adjacent to an existing
subdivision. The four parcels identified as having lower 1995 than 1993 assessed values
are some of the previously -described parcels located in the Morningstar Subdivision.
Three of these parcels abut vacant large -acreage parcels west of the subject property, and
one is surrounded by Morningstar Subdivision lots.
The Hearings Officer finds that the evidence of decreased property values on some parcels
in the vicinity of the subject property simply does not demonstrate a connection between
approved or proposed zone changes to higher density residential development and the
value of other properties in the vicinity. The Hearings Officer therefore finds that the
applicant has met his burden of proving that the proposed zone change will not interfere
with the development or value of other properties in the vicinity.
C. That the change in classification for the subject
property is consistent with the purpose and intent
of the proposed zone classification.
FINDINGS: Section 19.28.010 provides in pertinent part:
"Pum. 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 allow the subject property to be developed at a greater
density than allowed under the current RL zoning and to connect to city sewer which is
now available to serve the property. The location of the subject property adjacent to 18th
Street and near the new Lava Ridge School will afford residents of any future subdivision
on the property easy access to commercial uses, potential employers and school facilities.
Based on the foregoing, the Hearings Officer finds that the proposal meets this criterion.
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
the provision of public facilities.
FINDINGS: As discussed in detail in the findings above, urban public services are now
available to serve the subject property, including city sewer, water, police and fire services
and improved transportation facilities. Any development of the subject property for a
subdivision will require the improvement of 18th Street along the portion abutting the
property. The proposed zone change will allow the subject property to be developed for
denser residential uses, thereby improving the economy and efficiency of providing public
13
0148-1-43-9
services to individual residential lots. The proposal is consistent with both the City of
Bend master plan for sewer and water service, and the county's policy -- reflected in the
provisions of Title 19 -- that no new subdivisions in the Bend UGB shall be developed
without connection to city sewer.
E. That there is proof of a change of circumstance or a
mistake in the original zoning.
FINDINGS: The Hearings Officer finds that there was no mistake in the original RL
zoning of the subject property. However, the Hearings Officer finds that the applicant has
demonstrated a significant change of circumstances justifying the proposed zone change.
As discussed in detail in the findings above, the part of the Bend Urban Area in which the
subject property is located has undergone a number of significant changes in the last few
years. These changes include: 1) the construction of the new Lava Ridge Elementary
School; 2) the construction of 18th Street; 3) the extension of city sewer service to the
area to serve the new school; 4) the revisions to Title 19 prohibiting subdivision
development without connection to sewer; and 5) the subsequent development of some of
the land in the area for greater density residential development than previously was
possible without sewer facilities. Most of these changed conditions were not contemplated
when the comprehensive plan was adopted inasmuch as the city did not intend at that time
to provide sewer and water service to the entire UGB.
C. Conformance with Oregon Administrative Rules Chapter 660-12,
Transportation Planning
1. OAR 660-12-060, Plan and Land Use Regulation Amendments
(1) Amendments to functional plans, acknowledged compre-
hensive 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 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 [Transportation System Plan] to
provide transportation facilities adequate to support the
proposed land uses consistent with the requirements of
this division; or
14
0148-1440
(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 classi-
fication 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 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 this administrative rule applies here because
the applicant's proposal is for a plan amendment and zone change. However, the Hearings
Officer finds that the proposal does not "significantly affect a transportation facility," as
contemplated in the rule.
The proposed plan amendment and zone change will allow development of the subject
property in a manner that will allow the existing transportation facilities to function at an
acceptable level of service. Although the county and the City of Bend do not yet have a
Transportation System Plan complying with the transportation planning rule, the Bend
Area General Plan designates 18th Street as an urban arterial. The proposed plan
amendment and zone change will not alter either that designation or the standards
applicable to an urban arterial.
The transportation element of the general plan indicates that an urban arterial is designed
for a capacity of 12,000 vehicle trips per day. Eighteenth Street, from which the subject
property will take access, has just recently been completed and the record indicates that
currently it has less than 1,000 vehicle trips per day. The ITE Manual indicates that each
single family residence is anticipated to generate an average of 9.55 vehicle trips per day.
At the density of development proposed by the applicant for the subject property -- 31
residential lots -- the proposed plan amendment and zone change could result in an
15
0148-1441
average addition of approximately 296 additional vehicle trips per day, or well within the
design capacity and minimum level of service for 18th Street.
The record indicates that review of the proposed plan amendment and zone change has
been coordinated between the Deschutes County Public Works Department and the City
of Bend Planning and Public Works Departments. None of these agencies has expressed
concern with the impact of the proposed plan amendment and zone change on the
transportation facilities in the area of the subject property in general, or the function of
18th Street in particular.
Based upon the foregoing, the Hearings Officer finds that the proposed plan amendment
and zone change comply with the administrative rule.
D. Oregon Statewide Land Use Planning Goals
FINDINGS: The Hearings Officer concurs with, and incorporates by reference herein, the
applicant's recommended findings with respect to his proposal's compliance with the
statewide land use planning goals, set forth at pages 18-19 of the applicant's Burden of
Proof.
IV. DECISION:
Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer
hereby APPROVES the proposed plan amendment and zone change.
Mailed this /o44�� day of 4 . 2 &" , 1995.
Karen H. Green, Hearings Officer
THIS DECISION BECOMES FINAL 10 DAYS AFTER MAILING, UNLESS
APPEALED.
16