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1997-08881-Ordinance No. 97-018 Recorded 3/14/1997, REVIEWED 97-08851 '--j BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHU !F,9 dVTj P.WON An Ordinance Amending Ordinance No. 80-216, the Bend Area General Plan, as Amended, Changing the Plan Map Designation for Certain * V156-42�y4 Property, and Declaring an Emergency. * "3 ORDINANCE NO. 97-018 WHEREAS, Scott Oakley requested a Plan Amendment to change the Plan Designation on a 4.0 acre parcel from Low Density Residential to Convenience Commercial; 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. Amendment. Ordinance 80-216, The Bend Area General Plan, as amended, is further amended to redesignate on the Plan Map a 4.0 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 Convenience Commercial. Section 2. Findings. To adopt as its decision and findings the Findings and Decision of the County Hearings Officer dated January 14, 1997, relating to Plan Amendment Application PA -96-8, marked Exhibit C, attached hereto and by this reference incorporated herein. Section 3. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the Deschutes County Form and Style Manual for Board Documents. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering PAGE 1 - ORDINANCE NO. 97-018 (03/12/97) �;�, ©156-2245 changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert appropriate legislative history reference. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 5. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. Section 6. Emergency. 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 /,-;2, day ofM,"& , 1997. ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF, DESCHUTF,S COUNTY, OREGON NANCY P E SLANGEN, Chair / = V RO RT L. NIPPER, C issioner LINDA L. S , Commissioner PAGE 2 - ORDINANCE NO. 97-018 (03/12/97) 0156 -2246 LEGAL DESCRIPTION ZONE: CC A parcel of land located in Parcel 2, MP -95-41, Partition Plat No. 1996-14, in the Northwest one-quarter of Section 22, Township 17 South, Range 12 East of the Willamette Meridian, Deschutes Country, Oregon, being more particulary described as follows: Beginning at the North one -sixteenth corner of said section 22, thence North 00°04'51" West along the westerly line of said section 22 40.00 feet to a point on the northerly right of way of Empire Avenue; thence North 89'48'21" East along said northerly right of way 150.02 feet to the TRUE POINT OF BEGINNINGV; thence North 89'48'21" East along said northerly right of way 517.21 feet to the Westerly right of way of 18th Street:; thence North 00'04'30" West along said westerly right of way 242.18 feet; thence along said westerly right of way 104.31 feet along the arc of a 840.00 foot radius curve right, the chord of which bears North 03°2E.'57" East 104.25 feet; thence leaving said westerly right of way South 89'48'21" West 524.39 feet; thence. South 00'11':39" East 346.21 feet to the TRUE POINT OF BEGINNING. Excepting therefrom the Southerly 10-00 feet of the above described tract for future road dedication. Containing 4.00 acres, more or less. A 11 , E xh� b ►�f 4 �� 1 0150-22 '7 16 15 S89'51'24'W 21 22 805.80' N z I - 00 e°� ti A 9. A j PARCEL 1ol jai 18.24 GROSS ACRES 18.20 NET ACRES 5�6b 0 00 PARCEL 3 lo 0 I- 7.68 GROSS ACRES00 W i J '° o' 7.62 NET ACRES 00 u � � cr ti�ryti Ow 524.39' „� 3 PARCEL 2 o � �_ a i 4.12 GROSS ACRES o -' 0 co I jC14 C144.00 NET ACRES Z z O d M M 00 c0V — 10' ROAD DEDICATION N N 1 ° � 10.00' 10.00' 10-00"N N 10.00' 0 I N 0 150.00' 517.23'± R=1200 " 1 =jo7 44. 9.60' l 150.02 0 517.21' t R=1 190 _ L=269_25. — — — -} --g --- N89'48'21'E----- —_ I 36.84' ,\—N 1/16TH CORNER EMPIRE AVENUE S L413J ECT � \ L , I 1 ppopERT� �� W 1/4 CORNER GRAPHIC SCALE 200 0 too 200 400 ( IN 1 E l ) 1 inch = 200 ft 0156-2248 DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: APPLICANT/ PROPERTY OWNER: PA -96-8 and ZC-96-8 Scott M. Oakley Post Office Box 5633 Bend, Oregon 97708 ' JAN 199, i REQUEST: The applicant is seeking a plan amendment and zone change for a 31.5 -acre parcel zoned RS, Urban Standard Density Residential. The proposal would rezone 4 acres to CC, Convenience Commercial, 26.02 acres to RM, Urban Medium Density Residential, and retain 1.48 acres in RS zoning. STAFF REVIEWER: Paul Blikstad, Associate Planner HEARING DATE: December 3, 1996. RECORD CLOSED: December 13, 1996. L APPLICABLE CRITERIA: A. Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance * Chapter 19.28, Urban Standard Density Residential Zone, RS * Chapter 19.32, Urban Medium Density Residential Zone, RM * Chapter 19.48, Convenience Commercial Zone, CC * Chapter 19.116, Amendments, Appeals and Procedure B. The Bend Area General Plan C. Title 22 of the Deschutes County Code, the Development Procedures Ordinance D. Oregon Administrative Rules, Chapter 660-12, Transportation Planning L FINDINGS OF FACT: A. Location: The subject property is located at the corner of 18th Street and Empire Avenue in Bend, north of Empire and on both the east and west sides of 18th Street. The property abuts the Pilot Butte Canal on the east. It is identified as Tax Lot 301 on Deschutes County Assessor's Map #17-12-22. B. Zoning: The subject property is zoned RS, Urban Standard Density Residential, and is designated standard density residential on the Bend Area General Plan Map. Oakley PA-96-8/ZC-96-8 Page 1 0156+-2249 C. Site Description: The subject property is 31.5 acres in size and has a varied topography of somewhat level areas and higher rock outcrops.' The property has a cover of scattered juniper trees and scrub brush typical of the high desert. The property abuts the Pilot Butte Canal on the east. D. Surrounding Land Uses: Land uses in the vicinity of the subject property include vacant land, the Wishing Well subdivision to the northwest, a recently -approved subdivision (Boulder Ridge) to the north, and another recently -approved subdivision (Lava Ridge) to the southeast. Approval recently has been granted for the construction of a church on 2.51 acres adjacent to the subject property on the north. Zoning of surrounding properties is RS to the west, north and east, and IL, Light Industrial, to the south. E. Procedural History: The subject property previously received partition approval (MP -95-14, Partition Plat No. 1996-14). A portion of the property originally included in this partition (Parcel 1) has been approved for a church (CU-96-6/SP- 96-69). Parcels 2 and 3 of the partition plat are the subject of this plan amendment/zone change proposal. As noted above, the county and the City of Bend questioned exactly how many acres of land were proposed to be rezoned to each new zoning designation. In addition, the city and county questioned the adequacy of the applicant's traffic impact study. In response to these concerns, the Hearings Officer left the written record open for ten days to allow the applicant to submit additional information. Prior to the close of the record, the applicant submitted a zone change map and a revised traffic impact study. F. Proposal: The applicant's proposed plan amendment and zone change would change 4 acres from RS to CC, 26.02 acres from RS to RM, and retain a 1.48 -acre strip of land on the northern border of the property in RS. The CC zone would be located at the northwest corner of the intersection of Empire and 18th Street. The RM zoning would cover the remainder of the property on both sides of 18th Street, with the exception of a 1.48 -acre strip of land along the northern boundary of the property, west of 18th Street, which would be retained in RS zoning to provide a buffer for the property to the north. G. Public and Private Agency Notice: The Planning Division sent notice of the proposed plan amendment/zone change to several public and private agencies and received responses from: the Deschutes County Public Works Department (Public Works) and Property Address Coordinator; the Bend -La Pine School District (school district); the Central Oregon Irrigation District (COID); the Bend Metro Parks and Recreation District (Bend Metro); the Oregon Department of Transportation (ODOT); the City of Bend Development Services Division, Long - Range Planning Department and Transportation Planner; and US West Communications. These comments are set forth verbatim at pages 2-7 of the Staff Report and are incorporated by reference herein. 1 The size of the subject property is stated in the record as anywhere from 29 acres to 31.5 acres. In response to concerns raised by the county and City of Bend, the applicant submitted a zone change map prepared by a licensed engineering and surveying firm. That map describes the property as containing a total of 31.5 acres. Because it appears to be a surveyed calculation, the Hearings Officer will rely on this number. Oakley PA-96-8/ZC-96-8 Page 2 0156--2250 H. Public Notice and Comment: The Planning Department sent written notice of the proposed plan amendment and zone change to owners of property within 100 feet of the subject property. In addition, the property was posted with a Notice of Land Use Action and notice of the public hearing was published in the "Bend Bulletin" newspaper. No comments from neighboring property owners were received. III. CONCLUSIONS OF LAW: A. Preliminary Issues: 1. Previous Partition Approval. The subject property previously received partition approval. A copy of the approved Partition Plat No. 1996-14 is included in the record. The partition parcel boundaries do not correspond to the zoning district boundaries proposed by the applicant. The City of Bend has recommended the applicant be required to obtain new partition approval for parcels matching the zoning district boundaries. However, the Hearings Officer finds I lack authority to require such a condition of approval. Moreover, future subdivision of the subject property make be undertaken within the existing partition parcel boundaries. 2. Yeoman Road Ri t -of Way. At the public hearing in this matter, a neighboring property owner questioned whether the right-of-way for Yeoman Road had been vacated by the county and whether it is included in or excluded from the applicant's proposal. The record, including a county order, Partition Plat No. 1996-14 and the applicant's surveyed "Zone Change Map" submitted into the record indicate the right-of-way for Yeoman Road west of 18th Street has been vacated and reconveyed to the applicant and is included as the portion of the subject property proposed to be retained in RS zoning. These maps also indicate the portion of the Yeoman Road right-of-way east of 18th Street has not been vacated and is not included in the applicant's proposal. 3. Irrigation Canal Right -of --Way. In its comments on the applicant's proposal, COID expressed concern about the applicant's proposal to place medium -density residential development adjacent to the Pilot Butte Canal. In particular, the district requested that conditions of plan amendment/zone change approval be imposed to protect its canal easement from encroachments and to hold the district harmless from public use of its right-of-way. The Hearings Officer understands COID's concerns, but finds that the appropriate time to impose such conditions is at the time of development approval -- e.g., conditional use and/or site plan approval for development on the subject property. 4. Urban Trail Plan. In their comments on the applicant's proposal, Bend Metro and the City of Bend suggested that any development plans incorporate designated urban trails. The Hearings Officer agrees, but again finds that the appropriate time to impose such a condition is at the time of specific development approval -- e.g., conditional use and/or site plan approval. B. Bend Area General Plan 1. Plan Amendments (pages 71-72) "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." Oakley PA-96-8/ZC-96-8 Page 3 0156-225. FINDINGS: The Hearings Officer finds the following provisions of the Bend Area General Plan are applicable to the proposed zone change, and are met by the applicant's proposal, as demonstrated in the following findings. GENERAL POLICIES AND RECOMMENDATIONS (pages 6-8) 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. FINDINGS: The Hearings Officer finds that necessary urban services can be provided to the subject property in a cost-efficient manner. a. Water and Sewer. The subject property is served by Avion Water Company, which did not comment on this proposal. The Hearings Officer finds Avion's failure to comment indicates its conclusion that there is sufficient water quantity and pressure to serve the proposed commercial and medium -density residential development on the subject property. The record indicates city sewer service is available to the subject property subject to an agreement between the developer and the City of Bend. b. Transportation. The record indicates that both 18th Street and Empire Avenue are designated arterial streets on the Bend Area Transportation Plan Map. Public Works has completed the 18th Street connection between Cooley Road on the north and Yeoman Road to the south. This road provides access to the nearby Lava Ridge Elementary School as well as north -south transportation route as specified on the transportation plan. When Empire is completed, it will provide excellent access to the subject property. c. Schools. Lava Ridge Elementary School is located adjacent to 18th Street, Egypt Drive and Cooley Road. This school was designed to serve the district's needs in the northeast area of Bend and beyond the urban growth boundary. In its comments on the applicant's proposal, the school district indicated it will not encourage or discourage growth, but instead will respond to it. According to the district, a new high school, middle school and one or two new elementary schools will be needed in the next 2-5 years. It is the district's belief that by having more property owners paying for the construction and operation of new schools, the tax burden will be spread over more properties, thus reducing the overall burden on each property owner. In addition, the Hearings Officer finds that the more compact the area from which students come, the school bus transportation costs are reduced. Compact development allows a greater number of students to walk or ride bicycles to school, and also allows parents to ride -share with neighbors. d. Police and Fire Protection. The Bend Fire Department did not comment on this proposal. The Hearings Officer finds the department's failure to comment indicates its conclusion that it can provide fire protection to the proposed commercial and multi -family development on the subject property. Police protection will be provided by the Deschutes County Sheriff until the subject property is annexed by the City of Bend and served by the city's Police Department. e. Parks. The record indicates Bend Metro has a park plan in place, and that it owns a 40 - acre parcel immediately south of the Lava Ridge School site which will be developed for a park.. In addition, parks systems development charges assessed at the time of development will provide the necessary funding for urban parks. Oakley PA-96-8/ZC-96-8 Page 4 0150-2252 f. Libraries. The record indicates the county will construct a new library in Bend and will expand the library system now that funding for increased facilities has been approved. 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 record indicates the area surrounding the subject property is characterized by both undeveloped and developed land with a mixture of densities. The Wishing Well Subdivision to the northwest has been developed with standard density residential lots. The new Boulder Ridge Subdivision will have somewhat lower density. The Hearings Officer finds the applicant's proposal -- particularly including a buffer zone of RS on the northern boundary of the subject property -- recognizes the character of the standard -density residential development to the north and northwest. I further find that the applicant's requested zone change from RS to RM will allow maximum flexibility in developing the subject property for more affordable housing types. The record indicates the subject property has some elevation changes. The Hearings Officer concurs with staff that these features can and should be incorporated into any design for the site. For these reasons, the Hearings Officer finds the applicant's proposal is consistent with this plan policy. 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: The Hearings Officer finds the subject property is conveniently located with respect to employment and shopping. Eighteenth Street will provide access to points north and south, including the Highway 97 corridor for commercial uses and also for potential employers. In addition, the applicant's proposal to develop a portion of the property with convenience commercial uses will provide easy access to shopping for residents of the proposed medium -density residential development on the rest of the parcel, as well as for residents of other subdivisions in the area. The industrial -zoned land to the south likely will provide employment opportunities, and some of those employees could come from the multi -family development of the land proposed for the RM zone. The development of the subject property at a somewhat higher density can be consistent with the character of the topography and soils on the site providing the topographic features of the site does are retained to the maximum degree practical. Soils are not significant since any development of the property must be connected to city sewer services. 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: The Hearings Officer finds rezoning the subject property to RM will allow development of the property with housing types in a more affordable housing range, given the larger number of units per acre allowed in the RM zone as opposed to the RS zone. With approved road and utility plans, the development of this property would not create health or erosion hazards. Moreover, the record indicates the city's sewer system can accommodate the proposed increase in density provided all city standards and Oakley PA-96-8/ZC-96-8 Page 5 0156-2253 specifications are met. As indicated in the findings above, I have found the water system has the capacity to serve the additional dwelling units and proposed commercial development. As discussed above, the road system is in place with the construction of 18th Street. The extension of Empire Avenue to the west to connect to Boyd Acres Road will occur as development proceeds. The Hearings Officer concurs with stars observation that if the subject property develops prior to the extension of Empire, the applicant likely will be responsible for some of the required improvements to Empire. 6. Commercial facilities should be allocated in a reasonable amount and in a planned relationship to the people they will serve. Efforts shall be made to separate commercial and noncommercial uses through the use of walls, fences, or landscaping, and open space. FINDINGS: The applicant is proposing a four -acre convenience commercial zone at the northwest corner of 18th Street and Empire Boulevard, to be surrounded by the proposed RM zone and multi -family dwelling units. The record indicates the part of the Bend Urban Area in which the subject property is located has seen an increasing number of dwelling units, including: the Wishing Well subdivision (107 dwellings), the proposed Majestic subdivision (115 dwellings proposed, 39 lots currently platted), the Boulder Ridge subdivision (46 lots proposed, phase one ready to be platted), the Canal View subdivision (31 lots proposed, 14 platted), the Lava Ridge subdivision (124 lots proposed, 18 platted), and the Rosewood subdivision (15 lots proposed). In addition, the applicant proposes a zone change to RM that would permit development of the remainder of the subject property with multi -family residences. In light of this approved and proposed development, the Hearings Officer finds the proposed convenience commercial area will serve many new as well as current residents in this area. The City of Bend's comments on the subject proposal state in pertinent part as follows: "The Bend Area General Plan is undergoing a major update. Two changes to the Plan that are supported by staff. and recommended for adoption by the Advisory Committee, are that part of the future commercial needs shall be met by providing small Convenience Commercial Centers in newly developing residential areas, and that such centers be supported by 15 to 20 acres of medium density residential zoning wrapped around the commercial center. In other words, the propos[al] submitted by Mr. Oakley is consistent with growth and development patterns that we expect to see in the revised General Plan." For the foregoing reasons, the Hearings Officer finds the applicant's proposal is consistent with this plan policy. Urbanization Urbanization Policies (pages 19-22) 1. New development should locate in areas where facilities are available or can be provided at least cost. 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. Oakley PA-96-8/ZC-96-8 Page 6 0156-2254 FINDINGS: As indicated in the foregoing findings, sewer, water and other utility services are available to the subject property. Eighteenth Street has been constructed adjacent to the subject property. With development of the subject property, the applicant will be required to construct or contribute to the costs of construction of necessary improvements to 18th Street and Empire Avenue along the boundary of the subject 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 extension of the sewer system to this area, completion of 18th Street and upgrades to the water system will allow the subject property to be developed at an urban density. Although the record indicates the applicant's proposal represents the only medium -density residential and commercial development in this northeast portion of the urban area, as discussed in the findings above I find this development is appropriate for the subject property -- particularly in light of its location at the intersection of 18th Street and Empire Avenue, its proximity to industrial - zoned land and the applicant's proposal to surround the convenience commercial center with medium -density housing. 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: Since the subject property is located within the Bend Urban Growth Boundary (UGB), the Hearings Officer finds that any development of the property will have joint oversight by the county and the City of Bend. In addition, any such development must meet all applicable city and county standards and requirements. 5. Future urban development shall be contained within the geographic limits of the IUGB. FINDINGS: The Hearings Officer finds the subject property is located within the acknowledged Bend UGB, which is within the IUGB. 6. The City, County and special districts shall work toward the most efficient and economical method for providing specific urban services to the area within the IUGB. In the long run, the City is the logical provider of such services. FINDINGS: As indicated in the foregoing findings, the record indicates the county already has financed the construction of 18th Street, which will serve the subject property. The record also indicates the sewer system in this area was extended by the school district to serve the Lava Ridge Elementary School and that this sewer line will serve the subject property. Although the subject property is served by a private water company, the Hearings Officer finds the record indicates Avion can provide sufficient water to serve medium -density residential and commercial development proposed for the subject property. Therefore, I find the applicant's proposal is consistent with this plan policy. 7. The Plan shall encourage the development of vacant lands that have urban services before the extension of services beyond presently served areas. Oakley PA-96-8/ZC-96-8 Page 7 0156-225 FINDINGS: As indicated in the foregoing findings, the subject property now has urban services available to it, including sewer, water, urban -standard roads, and police and fire protection. Therefore, the Hearings Officer finds the proposal meets this plan policy. 8. No new service districts shall be created within the IUGB to provide sewer or water service without the concurrence of the city and county. FINDINGS: The Hearings Officer finds no new service districts are proposed or will be permitted as part of the proposed plan amendment and zone change or for development of the property. Residential Policies (pages 35-42) 1. The basic and most important single development criteria for residential areas is housing density. 2. Residential densities indicated on the general plan shall be respected and reflected in city and county codes, ordinances, and development policies. The intent of the plan is to indicate housing density rather than type of building construction permitted within various density areas. 3. All new housing developments shall conform with the designated housing density, regardless of building type, site size, or timing as related to other developments. FINDINGS: The record indicates the subject property was designated for standard residential density when the Bend Area General Plan was adopted in 1979. At that time, and until only a few years ago, city water and sewer service were not anticipated to be available to this part of the Bend UGB. Consequently, this area has had relatively little development. However, as discussed in detail in the findings below concerning the proposal's compliance with the zone change criteria, there has been a significant change in circumstances in this part of the Bend UGB. The City of Bend has determined that it can and should provide sewer service to the entire Bend UGB, and the general plan has been amended to require all partitions and subdivisions to connect to sewer. Pursuant to this change in public policy, city sewer service was extended by the city and later by the school district to the Lava Ridge Elementary School. In addition, 18th Street was constructed by the county, and upgrades were made to the Avion water system in this area. As a result of these changes, cost-effective development of the subject property at urban densities, including potential commercial development, has now become possible. As discussed in detail in the findings below concerning the proposed commercial zone change, the proposed location for a convenience commercial center is appropriate. In addition, the Hearings Officer concurs with staffs and the city's conclusion that with a convenience commercial center in the proposed location, it makes good planning sense to allow medium -density residential development around it to provide dwelling units within easy walking distance, thus reducing the number of vehicle trips. For the foregoing reasons, the Hearings Officer finds the applicant's proposal is consistent with these plan policies. 13. Medium and high density residential developments should be located where they have good access to arterial streets and are near commercial services or public open space. Oakley PA-96-8/ZC-96-8 Page 8 01 56-2256 FINDINGS: As discussed in the Findings of Fact, above, the subject property is located at the intersection of 18th Street and Empire Boulevard, both of which are designated urban arterial streets. The proposed zone change to CC will allow development of the property with both a convenience commercial center and adjacent medium -density residential development. The record indicates Bend Metro plans park development on property located approximately one-half mile from the subject property. 20. All nonresidential uses shall recognize and respect the character and quality of the residential area in which they are located and be so designed. 21. Neighborhood commercial shopping areas may be located within residential districts and shall have development standards which recognize the residential area. 22. Development standards shall be established for those commercial uses which will provide off-street parking, landscaping, access control, sign regulations, and design review. FINDINGS: The Hearings Officer finds the applicant's proposal can meet these plan policies by development meeting zoning ordinance requirements for site plan review for any commercial development of the subject property. 38. Sidewalks shall be required in all new urban standard, medium, and high density development, and on all streets and roads providing or that will provide access to schools, parks or commercial areas, unless the developer plans an acceptable alternative system of walkways and trails to provide adequate pedestrian circulation within residential areas. FINDINGS: The Hearings Officer finds the applicant's proposal can meet this plan policy by development meeting zoning ordinance requirements for sidewalks for both residential and commercial uses. Commercial Areas (pages 42-47) 2. New commercial areas in outlying sections shall be developed as centers rather than as strips along major roads. FINDINGS: In several previous decisions applying this general plan policy to commercial zone change applications for property within the Bend City Limits (Resnick -#95-203, Colker,#95-211, Eastridge,#95-289, Neff Rd. Dev. Co.,#96-116), this Hearings Officer found the terms "commercial center" and "strip commercial" are not defined in the city's plan or ordinances, and set forth definitions for both. I specifically found that a "commercial center" is a development with the following characteristics: 1. the commercial uses are developed with relationships between the buildings, parking areas and landscaped areas; 2. the individual parcels and/or uses do not have direct access onto the highway; Oakley PA-96-8/ZC-96-8 Page 9 0156-2257 3. the orientation of some or all of the parcels/uses is away from the highway and onto internal roads; and 4. the center has an integrated development plan demonstrating the relationships between buildings and uses within the center. In contrast, the Hearings Officer concurred with a previous Hearings Officer in finding that "strip commercial' is commercial development characterized as having shallow lot depth between the street and the rear of the lot, and with all the businesses in the "strip" facing and taking access directly off the street. In a previous decision approving a CC zone change for property located within the Bend City Limits (Neff Rd. Dev. Co., #96-116), this Hearings Officer applied this plan policy and found the proposed CC node could be developed as a "center" because it was designed so that all lots and uses within the node would have access onto a local street rather than directly onto an adjacent arterial. However, as discussed in detail in the findings below, by definition CC centers are encouraged to locate at or near major street intersections, thus requiring some access onto an arterial. That appears to be the case with the applicant's proposed CC node. Therefore, I find that to the extent possible considering the size and location of the applicant's proposed CC zone change, it meets this plan policy. 3. Development standards should be established for all commercial areas and particularly for those which will be adjacent to residential districts. FINDINGS: The Hearings Officer finds since the proposed CC Zone will abut residential - zoned property, any commercial development on the property will be subject to the CC Zone provisions requiring special setbacks and buffering from residential areas. Convenience commercial areas are intended to provide for the frequent shopping or service needs of nearby residential areas. They will consist principally of a relatively wide range of small retail and service uses, the largest of which would be a grocery store. Uses such as a grocery store, drug store, small bakery shop, specialty shops, and offices would be typical of these areas. These areas are located on the Plan along Greenwood on the east side, and on Galveston, 14th and Newport on the west side. As time passes, there may be a need for convenience areas not shown on the Plan. If this happens, new convenience areas should occur as centers, rather than as commercial strips, along major streets or highways. Convenience centers should be located on major or collector streets, preferably at or near an intersection with another similar street, and have a site size of from 2.5 to 4 acres. In order that convenience centers remain oriented toward serving nearby residential areas and do not expand to serve much larger parts of the community, commercial floor area would be limited to 35,000 to 55,000 square feet. They should be spaced from 1 to 1.5 miles apart, and new locations should be based on realistic economic projections which demonstrate a need for the facilities. Oakley PA-96-8/ZC-96-8 Page 10 0156-2258 FINDINGS: The Hearings Officer finds this plan language contains a number of separately -stated policies with which a proposed convenience center should conform. Following is a discussion of each policy and findings as to the subject proposal's conformance with it. 1. Convenience Center Not Shown On Plan Man. The general plan map does not designate the subject property as commercial. 2. Convenience Center Should Develop As A Center. As discussed in the foregoing findings, because of the location of the four acres proposed to be rezoned to CC, the proposed CC node likely will require direct access from one or both adjacent arterial streets. However, the Hearings Officer finds that to the extent practical, the applicant's proposal represents a CC "center" rather than "strip" commercial development.2 Moreover, as discussed in the findings below, the proposed center's access to these two arterials will be limited to assure safe ingress and egress and the continued functioning of the intersection of 18th Street and Empire Avenue. 3. Convenience Center Should Be Located At An Arterial/Collector Intersection. The subject property is located at the intersection of 18th Street and Empire Boulevard, thus satisfying this policy. 4. Site Size Should Be 2 1/2 to 4 Acres. The proposal is to designate and rezone four acres to CC. 5. Convenience Center Should Be Oriented Toward Nearby Residential Uses and Not Larger Parts of Community. The Hearings Officer finds the location of the subject property will result in a convenience commercial development oriented toward nearby residential uses. The subject property is located nearly 1 1/2 miles from the commercial development on Highway 97, to which Empire Boulevard does not presently connect. However, I find that even when Empire is connected between 18th and Highway 97, the subject property still will be too far from the highway to attract business other than from adjacent neighborhoods. 6. Floor Space Limitation (35,000 to 55,000 sq. ft.). The proposal would designate and rezone four acres to CC. The Hearings Officer finds no development within the applicant's proposed CC node could exceed the maximum floor area. 7. Convenience Centers Should Be Spaced From 1 to 1 1/2 Miles Apart. The two existing CC centers closest to the subject property are: 1) the center located at the intersection of 2 In a recent Bend City Council decision denying a proposed commercial zone change (Eastridge,#95-289, 10-18-96), the council interpreted the term "strip commercial" also to apply to the extension of existing strip commercial by additional commercial development -- even if that extended development consists of a commercial "center." Under that interpretation, the applicant's proposed CC center would not be considered "strip" commercial since it is not an extension of any existing commercial development on 18th Street or Empire Avenue. Oakley PA-96-8/ZC-96-8 Page 11 0156-2259 27th Street and Butler Market Road, including a mini -market, gas sales and other small commercial uses, and located approximately 1.2 miles from the subject property; and 2) the center located at the intersection of Boyd Acres Road and 4th Street, including a mini - mart and gas sales, currently more than two road miles from the subject property (approximately 1.32 road miles from the subject property once Empire is extended from 18th Street to Boyd Acres Road). 8. New Convenience Center Locations Should Be Based On Economic Projections Demonstrating Need for the Facilities. At the outset, the Hearings Officer finds it is unclear to what extent a "need" analysis is required to justifying the proposed zone change to CC. That is because, as discussed in the foregoing findings, the general plan establishes strict location requirements for such zoning districts -- e.g., minimum distance from other CC nodes, locations at or near the intersections of major streets, maximum size limitations. Where, as here, the city's street grid system in the northeast part of the Bend urban area is established, and other CC nodes already are located within the area, possible locations for additional CC nodes meeting these requirements are very limited.' Nevertheless, the subject property is not designated commercial on the comprehensive plan map. Therefore, the Hearings Officer finds the applicant is required to demonstrate need for a new convenience commercial center at the proposed location. In previous decisions applying the general plan's required "need analysis" to proposed commercial zone changes on property located within the Bend city limits (e.g., Resnick,#95-203) this Hearings Officer made the following findings with respect to the standards for determining "need:" "... the Hearings Officer believes the appropriate analysis to determine whether there is 'apparent need' for a proposed plan amendment based upon 'real world' data should involve not only an analysis of whether there is other appropriately- zoned land anywhere in the Bend UGB that could accommodate the proposed use, but also should include an evaluation of the need for the proposed use, together with an analysis of the appropriately -zoned land available for the use in the appropriate subarea. The Hearings Officer further finds that the appropriate subarea should be determined by the nature of the proposed use. For example, a proposal for a regional retail center should be evaluated against appropriately -zoned and serviceable land available anywhere in the UGB. In contrast, a proposal for a commercial use or center designed to serve a discrete geographic area or population, or which has specific site or locational requirements, should be 3 Both the Staff Report and the city's comments indicate that due to the plan's location requirements for CC nodes, no other CC zone changes will be permitted in this part of the Bend urban area with approval of the applicant's proposal. Oakley PA-96-8/ZC-96-8 Page 12 0156-2260 evaluated against appropriately -zoned and serviceable land that is available in that geographic area or that has such site or locational requirements." Applying this "apparent need" analysis to the applicant's proposal, the Hearings Officer finds the applicant has met his burden of showing need for the proposed convenience commercial center on the subject property. a. Area To Be Served. The proposal is designed to serve a discrete geographical area -- namely, the neighborhood surrounding the intersection of 18th Street and Empire Boulevard. As discussed in the Findings of Fact, above, this area includes a large amount of both undeveloped and developed land zoned RS, as well as undeveloped industrial - zoned land. The record indicates the subdivisions already completed or approved in the surrounding area have a total of 438 lots. In addition, the applicant is proposing to develop a number of multi -family residential units surrounding the proposed CC center. Finally, development on the industrial -zoned land located south of the subject property likely will create employment for a significant number of people who may patronize the proposed CC center on their way to and from work. For these reasons, the Hearings Officer finds the applicant has demonstrated a need for a convenience commercial center at the proposed location. b. Uses Proposed. The record does not indicate what specific uses the applicant proposes for the CC center. However, in light of the uses included within the existing CC centers in the northeast Bend area and the purpose of CC zoning, the Hearings Officer finds it is reasonable to assume uses would include those designed to serve neighboring residents with easy access to the center -- i.e., a grocery/mini-mart store, gasoline sales, video rentals, beverage sales, and the like. c. Need. As discussed in the findings above, the closest commercial developments -- including two existing CC centers and the commercial development on Highway 97 -- are located at least approximately 1.5 miles from the subject property. The Hearings Officer finds this distance is sufficiently far to require current and future residents of the neighborhood surrounding the subject property to drive to these developments. I find that allowing the applicant's proposed CC zone change on the subject property would allow development of a CC center providing residents of the surrounding current and future residential subdivisions with the opportunity to walk or ride their bicycles to obtain the daily necessities intended to be provided in a CC center. In addition, I concur with the City of Bend's observation that the proposed commercial zone change will have the added benefit of reducing the pressure to rezone nearby industrial -zoned land for commercial uses. d. Available Commercial -Zoned Lands. The question remains whether there are other commercial -zoned parcels that are available and serviceable for a convenience commercial center. Because the need identified by the applicant is to serve residents and future industrial development employees in the 18th Street/Empire Boulevard neighborhood, the Hearings Officer finds it is appropriate to review the inventory of commercial -zoned Oakley PA-96-8/ZC-96-8 Page 13 0156-2261 property in this part of the Bend Urban Area to determine what land is available and serviceable for a convenience commercial center serving this discrete neighborhood. The Hearings Officer has reviewed the Bend Urban Area Zoning Map. Based on that review, I find there are only three commercial -zoned areas in the northeast part of the Bend Urban Area. They are: 1) the Highway Commercial (CH) land along Highway 97; 2) the CC -zoned node at the intersection of Butler Market and Boyd Acres Roads; and 3) the CC -zoned node at the intersection of N.E. 27th Street and Butler Market Road. The record indicates the two CC -zoned nodes already are developed with convenience commercial centers. Moreover, I find any vacant CH -zoned land along Highway 97 does not meet the plan requirements for a CC center due to their size and location. Based upon this evidence, the Hearings Officer finds there are no commercial -zoned lands in the northeastern part of the Bend Urban Area that are available and serviceable for a convenience commercial center. For the foregoing reasons, the Hearings Officer finds the applicant has met the burden of proving the need for a new convenience commercial center on the subject property. Commercial Areas - Statements of Intent of the Plan 5. Zoning for commercial centers other than those shown on the Plan map should be allocated on a basis of apparent need, and this need should be supported by "real world" data by the applicant. 6. Care should be taken to control the size of these centers so that excessive zoning does not require the addition of other kinds of uses which would generate traffic from well beyond the service area. FINDINGS: As discussed in the foregoing findings, it is unclear to what extent these plan policies apply to proposed new CC centers. However, both the applicant and the City of Bend in its comments addressed the issue of need for the proposed CC node. Therefore, because there is evidence in the record concerning these plan policies, the Hearings Officer has addressed them in the above findings. In addition, I find the maximum size of the proposed center is limited by the general plan to four acres. 11. Commercial developments which abut residential zones or residential uses should be subject to special setback and screening provisions. FINDINGS: The CC Zone imposes special setback and buffering requirements to protect abutting residentially -zoned property, thus assuring that any development of the subject property for a convenience commercial center will meet this policy. Commercial Areas - Statements of Intent of the Plan (Page 47) 4 The Hearings Officer notes that in a recent CC zone change application for property located within the Bend city limits (Neff Rd. Dev. Co., #96-116), the city staff report and this Hearings Officer's decision addressed these plan policies. Oakley PA-96-8/ZC-96-8 Page 14 0156-2262 2. Some of these [commercial] uses will have to locate on major highways, some will locate in areas with access to the urban arterials. However, access control, frontage roads, landscaping, and good design can minimize the physical and visual impact. 3. It is the intent of the Plan to avoid problems associated with strip development, i.e., congestion caused by turning movements, too much access to the arterial street or highway. 4. It is the intent of the Plan to allow commercial development adjacent to arterials and highways, provided that the developments access onto frontage roads or interior roads, and that access onto the highway or arterial will be limited. Points of access will be encouraged that provide for adequate and safe entrances and exits and that favor right turns and merging over the use of signalization. FINDINGS: The Hearings Officer finds the applicant's proposal meets these statements of intent. Although the subject property abuts two arterial streets -- 18th Street and Empire Avenue -- the Hearings Officer finds access from any convenience commercial center to these two arterials will be required given the size and location of the portion of the subject property proposed for rezoning to CC. However, I find that access to 18th Street and Empire from any development on the CC -zoned parcel will be limited to assure adequate and safe ingress and egress and the continued functioning of the intersection. For the foregoing reasons, the Hearings Officer finds the applicant has met the burden of proof for the proposed commercial zone change and for the proposed medium -density residential zone change. C. Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance 1. Chapter 19.28, Urban Standard Density Residential Zone - RS a. Section 19.28.010, Purpose. 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. FINDINGS: The Hearings Officer finds the applicant's proposal is consistent with this ordinance provision. The applicant proposes to retain a 1.48 -acre strip of land zoned RS on the northern boundary of the subject property to provide a buffer of standard -density residential development between the proposed multi -family and CC development and existing and future standard -density residential development to the northwest. 2. Chapter 19.32, Urban Medium Density Residential Zone - RM a. Section 19.32.010, Purpose. This zone is intended to provide for the development of low-density multiple -family residential Oakley PA-96-8/ZC-96-8 Page 15 ®156-2263 structures which are reasonably spaced on the lot to provide for light, air, privacy, safety and insulation against transmission of off-site sound. Each development of three or more units is subject to site plan approval as provided in Chapter 19.76. FINDINGS: The applicant proposes to rezone 26.02 acres from RS to RM and to develop multi -family units on this property. The Hearings Officer finds the proposal is consistent with the purpose of the RM Zone. The proposed zone change will provide for increased density for this area of Bend which now has sewer and water service available and is served by urban -standard roads. It will allow additional families to live near an existing elementary school and close to employment and shopping areas. I find that any RM development on the subject property will require site plan and/or tentative plat review which will consider factors such as providing for light, air, privacy, safety and insulation against transmission of sound off-site. 3. Chapter 19.48, Convenience Commercial Zone - CC a. Section 19.48.010, Purpose. This zone is intended to provide locations for a relatively wide range of small businesses and services which fit into the residential development pattern as a convenience to residents in that part of the county, and to recognize existing uses of this type within the county. New centers of this type are intended to be limited in size to not more than four acres of contiguous land and to be located and developed in a manner consistent with the general plan. FINDINGS: As discussed in the foregoing findings, the Hearings Officer has found the applicant's proposal to create a four -acre CC center is consistent with the comprehensive plan in that it will consist of no more than four acres, will be located at least one to one - and -one-half miles from the nearest existing CC centers and other commercial development, and will serve a growing number of residential developments in this part of the Bend UGB. In addition, the proposed center will conveniently serve residents of the multi -family dwellings the applicant proposes to surround the CC center. Uses that would be included in the proposed CC center likely would include a mini -market store and gas sales, along with other small businesses designed to serve area residents. Site plan review would be required. For these reasons, the Hearings Officer finds the applicant's proposal is consistent with the purposes of the CC Zone. 4. Chapter 19.116, Amendments, Appeals and Procedures a. Section 19.116.010, Amendments. This title may be amended by changing the boundaries of zones or by changing any other provisions thereof subject to the provisions of this chapter. b. Section 19.116.020, Standards for Zone Change. The burden of proof is upon the one seeking change. 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. Oakley PA-96-8/ZC-96-8 Page 16 0156-2264 FINDINGS: As discussed in the foregoing findings, the Hearings Officer has found the applicant's proposal conforms with the Bend Area General Plan and is consistent with the plan's intent to promote an orderly pattern and sequence of growth. Those findings are incorporated by reference herein. In addition, as discussed in detail in the findings below concerning the proposal's conformance with the transportation planning administrative rule, I find the proposed zone changes will not adversely affect adjacent transportation facilities. B. That the change will not interfere with existing development, development potential or value of other land in the vicinity of the proposed action. FINDINGS: As noted in the foregoing findings, the area surrounding the subject property consists both of undeveloped and developed land. Existing development consists of three subdivisions totaling 115 lots; large -lot residences on 1-5 acre parcels outside the Bend UGB; and an approved church adjacent to the subject property. Development potential exists on: undeveloped RS -zoned land east of the subject property across the Pilot Butte Canal; lands to the south and southwest zoned for industrial use; and an 80 -acre undeveloped parcel zoned RS. The Hearings Officer finds the applicant's proposed zone changes will not interfere with existing development in the area or its value. The applicant proposes to buffer his development from the RS subdivisions to the north and northwest by retaining a 1.48 -acre strip of RS -zoned land on the northern boundary of the subject property west of 18th Street. In addition, I find the applicant's proposal to develop a CC center at the intersection of 18th Street and Empire will benefit residents of the subdivisions to the north by providing commercial uses within walking or bicycling distance of these residences. The Hearings Officer also finds the applicant's proposed zone changes will not interfere with the development potential or value of undeveloped land in the vicinity of the subject property. I concur with stars observation that development of vacant land in the vicinity will be determined by market conditions and the availability and cost of urban services and infrastructure, and not by the applicant's proposed development. In addition, as discussed above, the development of a CC center in this northeast Bend neighborhood will benefit adjacent properties and may in fact make their development for residential uses more attractive because of the proximity of convenience commercial uses. C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDINGS: Consistency of the applicant's proposal with the purposes of the RS, RM and CC Zones is discussed in the findings above. Those findings are incorporated by reference herein. 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: As discussed in the foregoing findings, urban services -- including sewer, water, urban -standard streets, police and fire protection -- are available to the subject property. The Hearings Officer concurs with staff's observations that connections to 18th Oakley PA-96-8/ZC-96-8 Page 17 0156-2265 Street and Empire will be limited to assure the proper functioning of these streets and their intersection. In addition, development of the subject property for residential uses will require the construction of new interior streets. In addition, as discussed in detail in the findings below concerning the proposal's conformance with the transportation planning administrative rule, I find the applicant's proposal will be consistent with the orderly and efficient extension and provision of transportation facilities. I therefore find the proposed zone change meets this criterion. E. That there is proof of a change of circumstance or a mistake in the original zoning. FINDINGS: 1. Mistake. Neither the applicant nor staff suggests the RS zoning of the subject property was a mistake, and the Hearings Officer finds there was no mistake in the original zoning. 2. Change of Circumstance. The Hearings Officer finds there has been a change of circumstances since the subject property originally was designated and zoned for urban standard -density residential development. Since the Bend Area General Plan was adopted in 1979, the City of Bend has determined that it can and should provide city sewer service to the entire Bend UGB. To carry out this policy decision, the county and city amended the Bend Area General Plan to require that all new partitions and subdivision connect to city sewer. These changes made possible development of this part of the Bend urban area at urban densities, including multi -family and commercial development. In addition, while the extension of 18th Street through this area was anticipated in the general plan, the Hearings Officer finds the record indicates no specific location or time frame for completion of this road was established in the plan. The chosen location of 18th Street has had the effect of isolating the portion of the subject property east of 18th and west of the Pilot Butte canal, making its present configuration much less desirable for RS development and more amenable to a multi -family apartment complex development such as that proposed by the applicant. I further find the location of the intersection of 18th Street and Empire Avenue -- both designated urban arterials that will carry large numbers of vehicle trips when all connections to the urban area transportation system are completed -- makes development of the subject property for standard -density lots with single-family dwellings much less desirable and makes medium -density residential development more sensible. Finally, as discussed in the findings above, I find development of convenience commercial centers in two other parts of the northeast Bend Urban Area makes the location of the applicant's proposed CC zone appropriate under the plan policies concerning new CC development. For the foregoing reasons, the Hearings Officer finds there has been a change of circumstances justifying the applicant's proposed commercial and residential zone changes. D. 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 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 accomplished by either: Oakley PA-96-8/ZC-96-8 Page 18 0156-2266 (a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; (b) Amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; or (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; (b) Changes standards implementing a functional classification system; (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or (d) Would reduce the level of service of the facility below the minimum acceptable level identified in the TSP. (3) Determinations under 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 the applicant's proposed zone changes alone will not have an effect on any transportation facilities. However, development at the urban densities proposed by the applicant following approval of the requested zone changes certainly will affect three transportation facilities -- 18th Street, Empire Avenue, and their intersection. Therefore, I find it is more appropriate to analyze these anticipated traffic impacts at this time, rather than to wait until the proposed zone changes have been approved and the applicant submits specific development proposals. The record indicates 18th Street is a designated urban arterial with an approximate capacity of 12,000 vehicle trips per day. The record further indicates 18th Street currently has less than 1,000 vehicle trips per day. However, I agree with stall's conclusion that vehicle trips on 18th Street likely will increase as drivers become aware of its existence. Empire Avenue also is a designated urban arterial. When it is extended west to Boyd Acres Road, Empire will provide a significant east -west route in this part of the Bend urban area. The record indicates that when extended west, Empire will have a capacity 12,000-15,000 vehicle trips per day. The record indicates the most recent traffic count for the segment of Empire Avenue adjacent to the subject property is approximately 1160 daily vehicle trips. The Hearings Officer finds the proposed rezoning of the subject property to RM and CC will not change the functional classification of 18th Street and Empire Avenue from designated urban arterials. Neither will the proposal change the arterial standards Oakley PA-96-8/ZC-96-8 Page 19 0156-22st applicable to them. The record indicates these streets will be constructed to widths of 36 feet and 48 feet, respectively, with curbs and sidewalks on both sides and bicycle lanes. The question remains whether the proposed zone changes will cause levels of travel or access which would interfere with the functions of these arterials or reduce the level of service below a level of service adopted for the ultimate transportation system plan that will be completed. To address this question, the applicant submitted a revised traffic study (dated December 13, 1996) that analyzed traffic impacts from the proposed development of the subject property with a four -acre commercial center and rezoning of the remaining 29.02 acres to RM -zoned lots. It did not consider the applicant's proposal to retain 1.48 acres of RS zoning. The study is based on several assumptions. First, it assumed development consistent with a conceptual site plan submitted with the application. This site plan shows the portion of the subject property west of 18th Street subdivided into 53 RM -zoned lots to be served by four local streets. These streets would have two connections on the west side of 18th Street ("Entrance 2" and "Entrance 4" in the study) and one connection on the north side of Empire Avenue ("Entrance 1") 5. The site plan indicates the RM -zoned land lying east of 18th Street and west of the Pilot Butte Canal will not be divided but rather will be developed with an apartment complex on one lot. This development would have two driveway connections on the east side of 18th Street ("Entrance 3" and "Entrance 5") directly opposite the two local street connections on the east side of the street ("Entrance 2" and "Entrance 4"). The RM -zoned land on the east side of 18th Street would have no driveway connections with Empire Avenue. In addition, the study assumes the subject property will be completely built out within 20 years (by 2016) and that by that time the 18th Street/Empire Avenue intersection will be signalized. The traffic study projects the RM dwelling units will generate 283 p.m. peak hour average daily vehicle trips (ADT's) at buildout. The study assumes the CC center will have 40,000 square feet of retail space, occupied by a number of small-scale commercial uses anticipated to generate a variety of ADT's producing a total of 341 p.m. peak hour ADT's at buildout, for a total of 624 p.m. peak hour ADT' S.6 Public Works has concluded, and the Hearings Officer concurs, that these projected p.m. peak hour ADT's are well within the design capacity for both 18th Street and Empire Avenue. 5 Public Works' comments indicate the CC center development may be required to take access from a local street rather than from Empire Avenue in order to assure the proper function of Empire. It is not clear from Public Works' comments whether the local street intersection with Empire Avenue depicted on the conceptual site plan and in the traffic study would meet this access limitation requirement. However, for purposes of determining potential traffic impacts, the Hearings Officer will assume the "worst case scenario" of one local street intersection with Empire. 6 Inasmuch as the traffic study does not consider the applicant's proposal to retain 1.48 acres of the subject property in RS zoning and to develop that property with standard - density residential development, the Hearings Officer finds the study's projected p.m. peak hour ADT's may not be entirely accurate. The ITE Manual projects a higher ADT for single family dwelling units compared to multi -family units (9.55 vs. 6.28). However, since the RS Zone requires larger minimum lot sizes than the RM Zone, the Hearings Officer finds the difference in ADT's is probably negligible. Oakley PA-96-8/ZC-96-8 Page 20 0156-2268 The traffic study also projects the distribution of these trips at the five "entrances" and the 18th Street/Empire Avenue intersection. The study projects that nearly three-quarters of the traffic generated by the proposed development will use "Entrance 1" (on Empire) and "Entrance 2" (on 18th Street). Based upon these trip distributions, the study projects that the signalized 18th Street/Empire Avenue intersection will function at Level of Service (LOS) C with traffic generated by the proposed development. The study also projects that the unsignalized driveway intersections ("Entrance 1-5") will have sufficient reserve capacity to function at or above LOS C, with the exception of left -turn movements from "Entrance 1" onto Empire Avenue, which would function at LOS D. In their comments responding to the applicant's traffic impact analysis, the City of Bend's transportation planner and development services engineer stated they believe the study's assumptions and analysis are reasonable, and that the projected LOS D for the proposed "Entrance 1" onto Empire Avenue is an acceptable level of service for that intersection. Based upon the applicant's traffic impact analysis and the city's comments, the Hearings Officer finds the proposed zone changes will not reduce the level of service of any affected transportation facilities below the minimum level of service acceptable to the county. IV. DECISION: Based on the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer hereby APPROVES the applicant's requested zone changes, SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall submit to the Deschutes County Planning Division a legal description of the property to be rezoned, consistent with the zoning district boundaries depicted on the "Zone Change Map" dated December 11, 1996, included in the record. Dated this day of January, 1997. Mailed this —1 day of January, 1997 Karen H. Green, Hearings Officer THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING, UNLESS TIMELY APPEALED. 7 The record indicates there are six levels of service -- A through F -- with A being the highest and F being the lowest. The record indicates the county considers LOS C to be the minimum acceptable level of service for the 18th Street/Empire Avenue intersection, and that the minimum acceptable LOS for the unsignalized intersections is LOS C or D. Oakley PA-96-8/ZC-96-8 Page 21