1997-11934-Ordinance No. 97-026 Recorded 4/3/19970156-2564 REVIEW
9'�"1i93a LEGA COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS 0197)HYT }OTY, OREGON
An Ordinance Amending the Bend Area
General Plan Map, as amended, to Change
the Plan Designation for Certain Property
in Section 17 of Township 18 South,
Range 12 East of the Willamette Meridian,
and Declaring an Emergency.
*
ORDINANCE NO.97-026
WHEREAS, Ronald Broaddus submitted a request for a quasi-judicial amendment to the Bend
Urban Area General Plan to change the plan designation for certain property from Residential, 20,000
square feet minimum land area per dwelling unit to Residential, 6,000 square feet minimum land area per
dwelling unit;
WHEREAS, a hearing was held on February 18, 1997, after notice given in accordance with law,
before the County Hearings Officer;
WHEREAS, the Hearings Officer recommended approval of the proposed amendment;
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. Adoption of Plan Map Amendment to Change Plan Designation. The Bend Area
General Plan Map adopted pursuant to Ordinance 80-216, as amended, is further amended to change the
plan designation for the property described in Exhibit "A", and as depicted on Exhibit `B", attached
hereto and by this reference incorporated herein from Residential 20,000 square feet minimum land area
per dwelling unit to Residential 6,000 square feet minimum land area per dwelling unit.
Section 2. Findings. The Board adopts as its findings and decision the Decision of the Deschutes
County Hearings Officer dated March 17, 1997, relating to Plan Amendment Application PA -97-1,
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 the ordinance or any line or area on an map 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.
PAGE 1 - ORDINANCE NO.97-026
KEY U Cts
11.x%
A - 1997
6� �
0156"-2565
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 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. 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 2nd day of April, 1997.
ATTEST:
G111zyA--
Recording Secretary
PAGE 2 - ORDINANCE NO.97-026
BOARD OF COUNTY COMMISSIONERS
OF, DESCHUTES COUNTY, OREGON
NANC
GEN,
RO ERT L. NIPPER, Commi i er
LINDA L. S WEARINGEN, Commissioner
0156-2566
1N r0WNs1' 1 p t l CIfrBEN ( 1 d ) 90UT1I, RANC9 TWELVE ( 11) EAST Of TIIE W 11.I.AMETTE
MERIDIAN, Deachutt9 County. Oregon:
Seetlon Seventeen (17): Beginning at gild Souchwast eortieC of aald Section and
running thence North 30 test to the East rlght-of-+ay of the new (1926)
loeetion of cee Dalles-California Highway, thence Norcheascerly 3315 feet more
or less along the East right-of-way lldn of said highway, to the North
boundary of the Stpthen Canal, thence East 860 feet to the West right -0 f- ay;
line of the old 1916 Dalles-California Highway, thence Southweetacly along the"
West boundary of Bald old (1916) highway 3400 feut zero or less to the Souch
line of said Section 17, thence West 240 feet more or less on said South line
to �`peint of beginning. EXC£l+T a strip of land described as follows: oeginning
at a point 100 feet southerly from the Northwest corner of said tract on the
Easterly line of the Vallee-CalLfornla 111ghway (1926) location, thence L
Easterly at right angles a dlecance of Sn tuvt, :he -t= Southwesterly parallat
to said 111ghway A distance of 200 foot, chance tartarly at right angles a t
distance of 50 feet, thence Southwesterly in a straight line parallel to said
Highway to the Southerly '.dna pF said tract, thence tient to the 8euchueacerly
carnac of said tract, thence i- rtheasterly along the Easterly line of said
Dallas -California Highway right-of-uay to the point of beginning of tills
excepted tract; EXCEPT a tract of land lying In the West half of Southwest
Quarter (W 1/2 SW 1/4) of said Section 17 and described as follow&1 lseginning .
at a point on the South line of said Section 17 south 89' 171 18" East 108.6
feet from the corner of Section 17-18-19-20 and running{ thence Norch 26' 54".�
East 1934.7 featl thence South 63' 06' East 297 feet to the West Lina of the ,
Old Dalles-California 1112
hwa { thente South 20' 421 40" Wast 51.68 feet;
chance on a curve to the left of 1462.5 feat radius the central angle being 4•:'
47' 13" for a distance oe 122.19 feet; thence Soutl: 15' $5' 23" West 378.34..
feetl thence on a curve nF r'te right of 925 feet rrdtus the central jingle
being 19' 43' 4S" for a diatance of 318.49 feet; thence South 3S' 30' l0" West.
484.33 East; thence an a curvu to the right of 1402.5 foot radius the central
angle being 10' 00' 1540 for a distance of 244.86 Eaetl thence South 45' 39'
2S" Kest 316.7 feat to a Poinli
t on the South ne of Section 171 thence Horch::'
89' ' 18" Wast 183.1 feet to the potnt of begtaning; ALSO EXCEPT a small :.';,•!`u
atestent shaped tract of land tog road purposos in the Northeast Quarter of.,,,,
tha-louthwest Quarter (NE 1/4 SW 1/4) of &aid Seccioa.l7 and being a portion"
of that property described to the dead to BudrLek and Opal M. llavlLna, husband
and wife, recorded in Back 87, Page 550 of the Deschutes County Records eE..i...`
Desdal the said tract being that portion of the said property described as
!alleys[ Seltnning At a point on the West right of way line of the Parrall
Read which point as 2920.10 teat South and 623.8S fact Wast of the Horth
Quarter corner of sold Sacti.c+n 17 and runninti the" cd en a 10.$38' curve to the
right on a radius of 543.69 feat for 388.83 foot and the long chord of whLeh .
bears South 43' 48' 25" West for 380.30 folic and whusu calitral angle is 400'"
36' 30"1 thence North 640 16' 40" Ease for 80•:41 feet; thence an a
curve to the loft an a radlue of 328.10 fuut fur 234.64 fuut, t1io central
angle of which is 40' S6' 30"; thence North 23' 20' 10" Last for 80.21 feet to
the polar of bdgtnning; AND ALSO EXCEPT a parcel of land lyftg in the West
Half (W 1/2) of said Seecion 17 and bding a portion of that props ccy described
in that deed ca Bsdrtck 1lavllna and Opal M. Havlina, recorded In hook 87, Page
530 of Deschutes County Record of Deeds; the said parcel being that portien of
said proparty included Let a scrip of land 50 feet in width, lying on the
Easterly side of the center line of The Dallas -California Highway as said
highway has been relocated, which center line Is daseribed as follows:
Beginning at tnginear'a center line Station 90+00, said Station being 4101.96
fast North and 1747.81 feet East of the Southwest corner of said Section 17;
thence South 17' 19' 42" Vest, 1300.03 fust; thence an a 2864.79 foot radius
curve right (che long chord of which bears South 22' 27' 22" West) 512.78
feet; chance South 27. 35' 02" [lest, 3087.19 feet to Engineer's Center line
Station 139+00 (Bearings used herein are based upon the Oregon Coordinate
System, South Zone.)
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0156-2568
DECISION OF DESCHUTES COUNTY HEARINGS OFFICER
FILE NUMBERS: PA-97-1/ZC-97-1
HEARING DATE: February 18, 1997
APPLICANT: Ronald Broaddus
PO Box 187
Sisters, OR 97759
PROPERTY OWNERS: Ronald L. and Deborah B. Broaddus
REQUESTS: PA -97-1 An application for a Plan Amendment to amend the Bend Urban
Area General Plan map designation of the subject property from
Residential - 20,000 square foot minimum lot size to Residential -
6,000 square foot minimum lot size.
ZC-97-1 An application for a Zone Change to amend the Bend Urban Area
Zoning Map to change the zoning on the subject property from RL,
Urban Low Density Residential to RS, Urban Standard Residential.
STAFF CONTACT: Damian P. Syrnyk, Associate Planner
APPLICABLE CRITERIA
Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance:
Chapter 19.28, Urban Standard Residential Zone (RS):
Section 19.28.010, Purpose
Section 19.28.020, Permitted Uses
Section 19.28.030, Conditional Uses.
Chapter 19.116, Amendments, Appeals and Procedures.
Section 19.116.030, Standards for Zone Change
The Bend Area General Plan:
Plan Amendment -Standards for Zone Change
General Policies #l, #3, #4, and #5
Urbanization Policies #1 through #8
Residential Area Policies #1 through #8
I—tiso£4
Oregon Administrative Rules ,Chapter 660, Division 12, Transportation Planning Rule:
Section 660-12-060, Plan and Land Use Regulation Amendments.
Oregon Administrative Rules, Chapter 660, Division 15, Statewide Land Use Planning Goals and
Guidelines:
Sections 660-15-000, Statewide Planning Goals.
EXWTBM C - - /►�
Page 1 (PA-97-1/ZC-97-1) TO 0?a>10k0G E q'7- 02 P
FINDINGS OF FACT
0156-2E69
1. LOCATION: The subject property is at 61050 South Highway 97, in Deschutes
County. The property abuts Parrell Road on the east, Highway 97 on the west. The
property is approximately 700 feet south of Murphy Road and 2,200 feet north of China
Hat Road. Deschutes County Assessor's map 18-12-17 describes the subject property as
tax lot 2200.
2. ZONING: The subject property is currently zoned RL, Urban Standard Residential. The
property is designated as Residential - 20,000 square foot minimum lot size on the Bend
Urban Area General Plan Map. The property is in the acknowledged Urban Growth
Boundary of the City of Bend.
3. SITE DESCRIPTION: The subject property is 23.20 acres in size, and has frontage on
both Highway 97 and Parrell Road. Staff conducted site visits on April 18, 1996 and
April 25, 1996 to evaluate the site as part of a review of land use permits CU-96-22/SP-
96-20N-96-4. Staff found that most trees and some of the underbrush of the site had
been cleared. Some site grading had also occurred. Trees remaining on the property
included ponderosa and lodgepole pine trees. The remaining vegetation consisted of
native grasses which cover most of the site.
The site had a varied topography that includes numerous rock outcrops and changes in
grade. The topography closest to Parrell Road, towards the center of portion of the site is
relatively level. The grade climbs towards the southern end, Highway 97, and the
northwestern corner of the site abutting Highway 97. The grade increased by
approximately 15 to 20 feet from the center towards the southern portions of the site. The
grade changes concurrently with the grade of Parrell Road. The southern portion of the
site forms a plateau that is at grade with Highway 97, and is currently undeveloped. The
southern portion of the site has also been cleared and contains few rock outcrops.
From the location of the existing buildings to the north and the northwest, the site's grade
climbs toward Highway 97 and toward the northern property line. The topography of the
northern portion of the site has a milder slope that is approximately four to five feet above
the center portion. This portion of the site included grazing area for one horse observed
by Staff on April 26, 1996. The portion of the subject property abutting the Highway 97
right-of-way is at grade with the highway, and is approximately 15 to 20 feet above.other
portions of the property. A row of ponderosa pine trees occurs along the highway right-
of-way.
4. SURROUNDING LAND USES: At its northwest corner, the subject property abuts the
City of Bend. The applicant's burden of proof provides information on the surrounding
land.
North: The land area occurring south of Murphy Road and north of the subject property
is zoned CH, Highway Commercial and RL, Urban Low Density. The land zoned RL
consists of an 11 -acre parcel developed with two dwellings, outbuildings, fences, and had
horses grazing. The land zoned CH was developed with and engaged in commercial uses,
including a farmer's market.
West: The site abuts Highway 97 on its western property line. Properties occurring on
the opposite (west) side of Highway 97 are in a CH zone and are partially developed with
Page 2 (PA-97-1/ZC-97-1)
01s� Hl
commercial uses. These uses included the Blue Spruce Gallery, Cascade Vista Homes,
and retail uses.
South: Property directly south and abutting the site consists of several smaller parcels
zoned RL. The properties occurring south of the subject property on the west side of
Parrell Road are developed with single family dwellings in the Ince subdivision.
East: Property directly east of the site is zoned RL, but is developed with lots which fall
within the RS zone parameters (lots 10,000-15,000 square feet). The Bend Golf Club
Addition subdivision occurs on the east side of Parrell Road, and faces the northeastern
corner of the subject property. This area is developed with single -family dwellings. South
and east of the Bend Golf Club Addition lies the Bend Golf and Country Club golf course.
Undeveloped land occurring south of the Bend Golf and Country Club is also zoned RS,
Urban Standard Residential.
5. PROPOSAL: The applicant has submitted concurrent requests for plan amendment and a
zone change for the subject property. The applicant has requested that both the Bend
Urban Area General Plan map and the Official Zoning map be amended so that the plan
designation and the zoning applicable to the subject property will be changed from RL,
Urban Low Density Residential to RS, Urban Standard Residential.
The plan designation and the zoning requested through this application are both
contemplated under the Bend Urban Area General Plan and the Bend Urban Area Zoning
Ordinance. Pages 24 through 25 of the Bend Urban Area General Plan describe the Urban
Standard Residential Zone. The RS Zone allows a density of 6,000 to 20,000 square feet
of land area per dwelling unit. The RS Zone is intended to provide for the most common
urban residential densities in places where community water and sewer services are
available. The areas originally zoned RS with the adoption of the General Plan had some
form of community water service and were also in areas that could be readily served by a
community sewer system.
The purpose of the RS in the Bend Urban Area Zoning Ordinance is consistent with the
Plan language on the zone. Section 19.28.010 of the Bend Urban Area Zoning Ordinance
states the purpose of the RS zone is 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.
Sections 19.28.020 and 19.28.030 list the uses permitted outright and conditionally in the
RS Zone. Like the RL Zone, the RS Zone permits a single family dwelling outright, and
the subdivision of land into residential lots. Uses such as residential planned unit
developments and duplexes are permitted conditionally.
Both the RL and the RS Zones allow similar uses. Both are intended for residential
development and uses that may be compatible with residential development. The primary
difference between the two zones is the density of residential development allowed. The
RL Zone allows a density of 1.1 to 2.2 units per acre, with a lots sizes between 20,000 and
40,000 square feet in area. The RS Zone allows a density of 2.3 to 7.3 units per acre,
with lot sizes between 6,000 and 20,000 square feet in area. Currently, the RL Zone
would allow a maximum density of 50 units on the subject property. If approved, the plan
amendment and the zone change would allow a maximum density of 168 units on the
property. However, the maximum number of units developed on the property may in fact
be less than the maximum density allowed due to such conditions as topographic
constraints, infrastructure (streets, sidewalks and curbs) placement, respect for the
character of the existing neighborhood, and shape of the property.
Page 3 (PA-97-1/ZC-97-1)
0156-2571.
6. APPLICATION AND BURDEN OF PROOF: Page 4 of the application shows the
subject property will be served by the following service providers and public facilities:
Water:
Roats Water System, Inc.
Sewer:
City of Bend
Telephone:
U.S. West Communications, Inc.
Electric:
Pacific Power
Fire Protection:
Protection: Deschutes County Rural Fire Protection District #2.
Ambulance:
Deschutes County Rural Fire Protection District #2.
Police:
Deschutes County Sheriff
Transportation:
Parrell Road.
Parrell Road is classified as a collector road from Brosterhous Road south to China Hat
Road by the Bend Urban Area General Plan Transportation Element. The Transportation
Circulation Element defines a collector street as a restricted access street supplementary to
the arterial street system used or intended to be used principally for the movement of
traffic between arterials and local streets. Exhibit E of the application provides
information on Parrell Road's designed traffic capacity and current traffic levels. Exhibit E
shows Parrell Road is designed to accommodate 7,000 vehicle trips per day, and was
carrying 353 vehicle trips per day in 1994. Staff consulted the Traffic Count Summary:
1980-1996, published by the Deschutes County Public Works Department, to verify traffic
counts on Parrell Road. This document shows that a traffic count was taken at a point
0.10 miles north of China Hat Road on Parrell. This measurement counted 353 vehicle
trips in 1994. Based on this traffic count, and the designed capacity of Parrell Road, this
data shows Parrell Road was operating at 5% of its designed capacity in 1994
Although the site abuts Highway 97, the Oregon Department of Transportation will not
permit access to Highway 97 from the subject property.
7. PUBLIC AGENCY COMMENTS: The Planning Division sent written notice of the
February 18, 1997 public hearing on these requests to several affected public agencies on
January 14, 1997. The Staff Report lists the agencies that submitted transmittal
comments on the applications and the substance of their comments:
8. PUBLIC NOTICE AND COMMENTS: Section 22.24.030 of the County
Development Procedures Ordinance outlines the requirements for notice on land use
actions that will be considered at a public hearing. This section requires that individual
mailed notice be mailed to owners of record of .property within 250 feet of the property
that is the subject of the notice for a plan amendment or zone change application. Staff
identified the owners of record of property within 250 feet of the site and had individual
written notice of the February 18, 1997 public hearing mailed on January 14, 1997. Staff
received a request for written notice from a property owner that owed property beyond
250 feet of the subject property and mailed written notice to this individual.
The common themes of those in opposition related to traffic safety at the intersection of
Parrell and Murphy and development density or lot sizes. These issues are best addressed
at the time of development of the property.
9. LOT OF RECORD: The subject property is a legal, lot of record, as demonstrated by
the applicant's proposed finding of fact on page 4 of the burden of proof statement. The
burden of proof statement shows the subject property was legally created through the
recording of a warranty deed in 1969. A copy of the deed is included in the record as
Exhibit A.
Page 4 (PA-97-1/ZC-97-1)
CONCLUSIONARY FINDINGS:
Ol6-��2
PLAN AMENDMENT CRITERIA
A. Bend Area General Plan: Plan Amendments - Standard for Change
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. (Page 72)
FINDING: The applicant contends several changes of circumstances support changing the plan
designation and the zoning for the subject property. These changes include: 1) the availability of
sewer service to accommodate standard residential densities; 2) the proximity of the Bend
Parkway to the subject property; 3) the improvement of Highway 97 since the adoption of the
Bend Area General Plan, and; 4) the underdevelopment of land already zoned for Urban Standard
Residential Development in the Bend Urban Area.
Sewer Service. The subject property is zoned RL because at the time the Bend Area General
Plan was adopted, the City of Bend believed that it would not be able to provide sewer service to
the property. When the Plan was adopted, the City developed a Phase 2 service area which
excluded the property, indicating that the property would never be served by the City's sewer
system. The large lot sizes of the RL zone were adopted and codified in the Bend Urban Area
Zoning Ordinance to allow adequate area on each lot for the construction of an on-site sewage
disposal (septic) system.
After Plan adoption, the City of Bend extended its sewer to within reach of the subject property
and amended the Bend Area General Plan and the Urban Area Zoning Ordinance to require that
RL zoned properties connect to the City sewer service, where possible. Public sewer is available
from either a city sewer line located at the intersection of Murphy Road and Parrell Road or a city
sewer line across Highway 97, at the northwest corner of the subject property.
This change of conditions warrants a change in the plan designation and the zoning to RS because
sewer services are now available to serve the densities contemplated by the RS Zone. The
availability of sewer service to serve the properties in the RL Zone, including the subject property,
was not contemplated in 1979 with the adoption of the Plan. A related change occurred in 1993,
when the City of Bend and Deschutes County adopted changes to the Bend Urban Area General
Plan and the Bend Urban Area Zoning Ordinance to require new lots created through subdivision
in the RL Zone to be connected to sewer service. Thus, the need for larger lot sizes to
accommodate on-site septic systems no longer exists with the availability of sewer service. The
requested RS Zone would allow smaller parcels of land to be created and served through
connection to the City of Bend community sewer system.
Bend Parkway. The applicant contends that the proximity of the Parkway to the subject
property warrants a change in the plan designation and the zoning of the subject property. The
Bend Parkway was not included as part of the Transportation Element of the Bend Urban Area
General Plan when it was adopted in 1979. The Plan was amended to include the Parkway in
1991. The planned southern terminus of the Bend Parkway is located directly across Highway 97
from the Applicant's property. This change located a major traffic interchange close to the site.
This changed condition warrants a change in the plan designation to RS because development of
residential areas near major roadways, where public transportation systems may be developed,
benefits the community by making efficient use of the land and by providing the opportunity for
residential development near transportation facilities designed to accommodate a traffic expected
by standard residential development.
Page 5 (PA-97-1/ZC-97-1)
0156-25'73
Highway Improvements. The applicant also argues that changes to Highway 97 since the
adoption of the Plan warrant a reexamination of the zoning. When the General Plan was adopted
in 1979, the south end of Highway 97 was a lightly traveled, narrow highway without notable
commercial development, outdoor lighting and traffic lights. After Plan adoption, Highway 97
was widened to create five lanes of traffic. Further, traffic lights were added in numerous
locations in the south end of Bend, including the intersection of Highway 97 and Murphy Road.
These road improvements allow for safe and convenient access to the subject property and Parrell
Road, the road that adjoins the east side of the subject property, by the level of traffic that will be
generated by RS development. These improvements increased the capacity of the road system so
that it can handle the level of traffic expected from development of property to RS Zone densities.
Underdevelopment of RS Lands. In addition to the development of facilities that were not
contemplated when the Plan was adopted in 1979, the applicant has demonstrated a different sort
of change has occurred to warrant a change in the plan designation and the zoning on the subject
property. The applicant has provided evidence that shows that development within the Bend
urban area on RS -zoned lands has occurred at densities that are lower than the minimum density
required by the Bend Area General Plan for such lands. The General Plan contemplated
development at the rate of 2.3 to 7.3 units per acre on RS zoned lands. The applicant's evidence
(exhibits B and C) shows that between 1982 and 1990, undeveloped RS lands were subdivided to
create an average of only 1.86 units per acre. This density of development was only .24 units per
acre higher than the average residential density created by RL zone subdivisions during the same
time period.
The applicant's evidence also shows this pattern of underdevelopment has continued to the
present. While a number of subdivisions have been planned at more appropriate urban densities,
large areas of RS property are being developed at very low densities. The Broken Top planned
development provides 675 residential lots on 528 acres. This is a density of only 1.28 units per
acre. Final development may eventually provide a density of 2.2 units per acre, if the density
requirements of the PUD approval are fully implemented. The Awbrey Butte development is
approximately 800 acres of land zoned RS but has been divided for the development of 1,150
residential lots. Further, the Awbrey Glen PUD consists of 400 acres of RS zoned land and is
developed with a golf course and 3 50 home sites, a density of only .875 residential units per acre.
Both the 1990 Bend Case Study, Urban Growth Management Study (Exhibit B), prepared by
DLCD and The Bend Urban Area Sintzle Family Lands Report (Exhibit C) prepared by the City of
Bend in 1995 project a shortage of available residential lands if the historic pattern of low-density
development in the Bend urban area continues. This lower than allowed density of development
is not consistent with the intent of either the Bend Area General Plan or the statewide planning
goals which require that urban areas develop at urban densities and with full urban services.
The above conclusionary findings show the applicant has met the burden of proof to demonstrate
that several changes in conditions have occurred that warrant changing the existing plan
designation and zoning from RL to RS.
In some respects, these same findings also show that there is a public need and/or benefit for the
proposed change in plan and zone designations for the subject property. The change from RL to
RS would produce a public benefit by providing for standard density residential development
within an urban growth boundary where urban levels of development are contemplated and
supported through adequate public facilities and services. As mentioned, the subject property is
located within the Bend Urban Growth Boundary and, therefore, is already designated for urban
development. Allowing such development at the standard density will ensure urban services can
be extended more efficiently and economically throughout the urban area. Additionally, the
development of the subject property at the standard density will provide greater opportunities to
fund necessary infrastructure improvements as more taxpaying households will be located in the
same urban service area.
Page 6 (PA-97-1/ZC-97-1)
0156-25'74
The rezoning of the property would permit development of the subject property at higher
densities than currently possible and this would benefit the community by protecting resource
lands located outside the urban growth boundary by slowing the rate of absorption of urban and
urbanizable lands located within the urban growth boundary and by encouraging urban
development where public urban services exist and can be extended economically. At the same
time, this change would enable the developer to respect the character of the existing residential
neighborhood since the RS zone would allow lots in the 10,000 to 15,000 square feet range.
B. Bend Area General Plan:General Policies And Recommendations
1. Urban Development shall be encouraged in areas where urban services can
be provided and in a manner which will minimize tax costs related to
necessary urban services such as schools, parks, highways, police, garbage
disposal, fire protection, libraries, and other facilities and services. (Page 6)
FINDINGS: The subject property is already designated for urban development due to its
location in an urban growth boundary and its residential zoning. Currently, the pian and
the zoning applicable to the property allow residential development to occur at densities of
1.1 to 2.2 units per acre. The above findings show the requested change in plan
designation and zoning would still allow residential development to occur, but at a higher
density. The requested Urban Standard Residential plan designation and zoning would
allow residential development to occur at densities of 2.3 to 7.3 units per acre. This
criterion has been met because the applicant has proposed a change in plan designation
and zoning that will encourage urban development to occur in an area where urban
services can be provided and in a manner which will minimize tax costs related to such
services.
The requested zoning allows a higher density of residential development than the current
zoning. Increasing the density of development will eventually spread the costs of public
services over more properties, thereby reducing the tax burden on each individual property
owner. Thus, the subject property is in an area where urban development can occur in a
manner where urban services can be provided and in a manner which will minimize tax
costs.
The subject property is located in an area where there is and will be major, community
traffic facilities. The subject property abuts a state highway along its western boundary
and an urban collector street along its eastern boundary. Both facilities provide good
access to the subject property. It is reasonable to expect that road improvements for
Parrell Road will be required as a condition of any future development of the subject
property further improving the condition of area roads. Also, the Bend Parkway will
terminate at the applicant's property, allowing access for any residents of the subject
property to the remainder of the Bend urban area. The applicant has demonstrated that the
subject property is in an area where public street facilities exist or can be provided to serve
the intended level of urban development.
Access to the property will need to be obtained from Parrell Road. The capacity of Parrell
Road is 7,000 vehicles per day, according to the Deschutes County Public Works
Department. The available traffic counts for Parrell Road indicate that in 1994, the road
was carrying 353 vehicle trips per day. No major developments or traffic pattern revisions
Page 7 (PA -97-1 /ZC-97-1)
0156-25t&
have occurred in this section of Parrell Road since 1994 to alter the validity of this traffic
count. If the subject property is developed at the maximum allowed density of 7.3 units
per acre, there will be 169 single family residences on this 23.20 acre tract. Development
of a typical residential subdivision would likely provide a density of 4 to 5 units per acre,
due to the need to dedicate large areas of the property to the public as road right-of-way.
Table A of Title 17, the Deschutes County Subdivision and Partition Ordinance, states that
urban local roads must have at least 60 feet of public right-of-way and a paved width of 36
feet.
The Institute of Traffic Engineer's (ITE) Manual, 1991 edition, indicates that a typical
single family residence will generate an average of 9.55 trips per day. Based on this
information, Staff estimated the development of the subject property to the maximum
density allowed under the RS Zone would generate a total of 1614 vehicle trips per day.
When added to the 353 vehicles trips using the road in 1994, a total of approximately
1967 trips per day will occur on Parrell Road, at 28% of its planned capacity of 7000
vehicle trips per day. County required road improvements to Parrell Road will help
improve the road's capacity, particularly if the County requires a deceleration lane for
entrances to the property from Parrell Road and limits access to Parrell Road.
Water is available to the subject property from the Roats Water System, Inc. The Roats
water system presently serves areas both north of and south of the subject property. The
addition of this property to the Roats service area will result in a logical extension of that
system, the cost of which will be borne by the applicant when the property is developed.
The Roats company will likely require the applicant to improve its water system to provide
water system improvements which will assure adequate water pressure for the subject
property. The applicant has demonstrated that public water service can be provided for the
level of urban development contemplated under the RS Zone.
City of Bend Fire Department officials will also assure that adequate water pressure is
available to the property prior to allowing final plat approval of any residential subdivision
of this property. Both the Roats Water Company and the Bend Fire Department have
commented on this application. The comments from the Roats Water Company indicate
the water system has adequate capacity to provide both residential and fire flows. The
comments from the Bend Fire Department provide the Department's requirements for any
development of the subject property.
Public sewer service can also be provided to the subject property. City of Bend sewer is
available to the subject property from a city sewer line located at Murphy Road and Parrell
Road or a city sewer line across Highway 97, at the northwest corner of the subject
property. The City of Bend has advised the applicant's engineer that it has adequate
capacity to serve the property.
The property is within the boundaries of the Bend-LaPine School District. The property is
located between Elk Meadow Elementary School to the west and R.E. Jewell Elementary
School to the east. The property is also located near other residences which are served by
school district bus service. The applicant's burden of proof and the comments from the
Bend LaPine School District indicate that the proposed change in plan designation and
zoning would allow urban development to occur in an area where public school services
can be provided and which will minimize tax costs.
Page 8 (PA-97-1/ZC-97-1)
0156-257w'6
The comments from the School District show that the District is currently operating at
102% of its capacity, and that plans for an additional middle school and a high school are
in progress. These comments further indicate that the District can accommodate growth
through several measures, including: 1) boundary adjustment; 2) busing; 3) building of
modular classrooms or other capital construction; 4) increased class size, and; 5: double
shifting of schools. The comments further indicate that each additional residence within
the District could generate as many as 0.75 students per household. Based on this
information, the development of the subject property at the highest density allowed by the
RS Zone (7.3 units/acre) would yield a total of 87 additional students, over and above the
maximum students to be expected under the current zoning (39). Given the character of
the existing surrounding neighborhood, development at such highest density is unlikely.
Approval of the proposed zone change will concentrate residential development between
two elementary schools and along school bus routes, thereby efficiently using school bus
service. The applicant has demonstrated that the public school services can be provided
and will minimize tax costs at the proposed location.
The proposed increase in density will have an individual cost -reducing effect on the
provision of parks and library services which are funded by ad valorem property taxes.
The development of the subject property would add a greater number of taxable properties
to the tax base, spreading the cost of funding library construction and operation over more
homes. In 1995, Deschutes County voters approved the construction of a new library to
serve the urban area in downtown Bend. The library will be readily accessible by future
residents of the subject property who may travel on the Bend Parkway or the existing
Highway 97 to reach downtown Bend. Also, any subdivision developed on the subject
property will be assessed a parks development fee to support further park property
acquisition and to maintain existing parks. The applicant has demonstrated that public
parks and library services can be provided as well.
Fire and police protection is available for the subject property. A city fire station is
located a short distance from the subject property near the intersection of Murphy and
Country Club Roads. Area roads provide for quick and direct access to the property from
this fire station.
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. (Page 6)
FINDINGS: A portion of the area surrounding the subject property is in transition due
to the extension of city sewer services, rapid commercial development along the Highway
97 corridor and plans to build and terminate the Bend Parkway near the subject property.
The subject property ig not located in a single "existing area" and much of the adjoining
land is undeveloped. Approximately 35% of the property's boundary adjoins Highway 97.
Across Highway 97 lie commercially zoned lands and developments and the planned
terminus of the Bend Parkway. To the north of the subject property is undeveloped
property that is zoned for highway commercial development, as well as low density
residential development. To the east, most of the land is open space zoned for RS
development. There are a few homes on RL -zoned lots across from the northeast
Page 9 (PA-97-1/ZC-97-1)
01576.22 *I� 7
boundary of the subject property, but these homes are developed on residential lots that
meet the lot size standards of the RS, rather than RL zone. A single RL -zoned lot adjoins
the southern boundary of the subject property and is the only platted lot that adjoins the
subject property that meets the size standards of the RL zone. The RL -zoned lands to the
south of the subject property are effectively separated from the lot by the single RL lot
that adjoins the full length of the subject property and the hill that crests at or just beyond
the southern boundary of the subject property.
The applicant has not proposed a new development with this application or to continue
with this previous development. However, the requested RS Zone would allow
development to occur on lots between 6,000 and 20,000 square feet. The precise size of
future lots will be determined upon submission of an application to develop (e.g., a
subdivision) and in reference to the various criteria that require new development to
respect the character (i.e. lot sizes) of the existing surrounding neighborhood. In addition,
the RS Zone contains standards such as setbacks, building height, lot coverage, standards
for land division within the RS Zone, and density standards in the form of minimum and
maximum lot sizes that are intended to ensure that a proposed development will be
compatible with the existing character of an area.
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: This criterion has been met because the applicant has proposed a change in
plan designation and in zoning for property that is located conveniently to places of
employment and shopping for residential development. This criterion has also been met
because the applicant has demonstrated that future residential development to the request
Urban Standard Residential density and standards can occur which is consistent with the
character of the topography and the soils on the site. The following finding shows the
property that this the subject of this proposal is conveniently located close to places of
employment and places that provide shopping and residential services. The following
finding also shows that any development that would occur in the requested RS Zone
would still need to meet zoning ordinance standards to ensure compliance with this plan
policy.
Location to Employment and Shopping The subject property is conveniently located
near places of employment and shopping facilities. Parrell Road and Highway 97 provide
access to the south Bend commercial area, to downtown Bend, 9`h and Wilson industrial
area and the north Bend industrial areas. Any future residents will live within walking
distance of a shopping center, grocery store, Wal-Mart and a motel. Additionally
shopping facilities are,planned for two corners of the intersection of Murphy Road and
Highway 97, within walking distance of the subject property. A gasoline station is located
a block away from the subject property, making it convenient for future residents to use
their cars for trips to the city and elsewhere.
Character of Topography and Soils The applicant correctly points out and identifies
development standards and criteria that any future development of the site would need to
meet. The site development provision of this Plan policy is relevant at the time that the
Page 10 (PA-97-1/ZC-97-1)
0156-25'78
property is developed. When a development proposal is submitted it will be reviewed
under the County's subdivision and zoning ordinances. The criterion located in subsection
19.76.060C of the County's zoning ordinance assures that any development of the subject
property would comply with this plan policy, by requiring that the landscape and existing
grade shall be preserved to a maximum practical degree, considering development
constraints and suitability of the landscape or grade to serve the applicant's functions.
Section 17.16. 100 of the County's subdivision ordinance requires compliance with
comprehensive plan policies, including the this policy and also requires that the subdivision
of land into residential lots provide for the preservation of natural features. Chapter
19.104 also provides standards and criteria for the development of residential planned unit
developments to ensure any planned development on this site complies with this policy.
For example, Chapter 19.104 includes a criterion that at least 30% of a planned unit
development remain in open space. The requested change to the RS Zone would not
relieve the applicant from meeting any of these criteria or from complying with this plan
policy.
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. (Page 6)
FINDING: The proposed zone change would have no effect on these issues.
C. Bend Area General Plan: Urbanization Policy (Page 19-22)
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.
FINDING: This criterion has been met because the property that is the subject of the
requested plan amendment and zone change is in an area where urban facilities and
services, including water, sewer, and streets, are available to the subject property. The
proposed plan amendment and zone change would allow the subject property to be
developed at greater density, thus reducing costs of providing urban services to each lot.
2. New developments shall pay the full cost of urban services if the
development occurs prior to the city's or county's planned capital
improvements.
FINDINGS: This criterion can be met because, if approved, any development resulting
from the plan amendment and the zone change will require the applicant to pay for the
construction and the connection of public or private utilities to the site. The applicant will
also be responsible to pay the costs of off-site improvements which may be necessitated by
the impacts of the development, including potential off-site improvements to streets
serving any future development to the extent of the applicant's impact upon those
facilities. The applicant and future residents will also be required to pay systems
development charges to pay for the cost of providing system -wide improvements to public
Page 11 (PA-97-1/ZC-97-1)
0156-2519
infrastructure needed to serve new development. These charges will be collected to
finance street, water, sewer and park system improvements needed to support any
development of the subject property.
The application and supporting documents, and comments from public and private
agencies, indicate that all necessary services, including water, sewer and other utilities are
available to the subject property. No public expenditures will be required to serve any
future development. Parrell Road is now paved adjacent to the subject property to a
width of 24 feet and is capable of handling traffic generated by the property. The
applicant has expressed his willingness and expectation to pay his fair share of
improvement costs to Parrell Road as a condition of development approval. In addition,
all costs associated with connection to the city sewer and Roats water system will be
borne by the applicant.
3. Within the rUGB, vacant lands passed over by development shall be
encouraged to develop prior to other lands within the boundary.
FINDINGS: This criterion has been met because the applicant has proposed a change in
plan designation and zoning to allow development of the subject property at a higher
density. The proposal complies with this policy, because the subject property is vacant. It
is adjacent to developed property and has been passed over by development.
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: This criterion has been met because the applicant has proposed a change of
plan designation and zoning for property where development will be managed through the
cooperative efforts of the City of Bend and Deschutes County. Future development of the
property will be the joint responsibility of the City of Bend and Deschutes County. All
standards and requirements of the county and city must be met by the applicant.
5. Future urban development shall be contained within the geographic limits of
the IUGB.
FINDINGS: This criterion has been met because the applicant requests a change of plan
designation and zoning for property that is located within the Bend Urban Growth
Boundary. Any future development of the subject property will be consistent with this
plan policy.
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 UQB. In the long run, the City is the logical provider of such
services.
FINDING: This criterion has been met because the applicant has proposed a change of
plan designation and zoning for property that is located in an area where the City of Bend,
Deschutes County, and a special district are working toward the most efficient and
economical method for providing specific urban services. This policy provides direction
to local government to work to develop the most efficient method of providing urban
Page 12 (PA-97-1/ZC-97-1)
0156-2580
services within the UGB. If approved, the requested plan amendment and zone change
will allow the property to be developed at a greater density, allowing for the efficient and
economic provision of public services to the property. The cost of extending sewer,
roads, water and other utilities to more densely developed land is more economical and
efficient than extending such urban services to land developed at RL -type densities.
Additionally, the City, the County and area service providers have developed an efficient
and economical plan for providing urban services to the Bend urban area. These plans are
contained in the Plan's Public Facilities element. Additionally, the City of Bend regulates
the development of area water systems through franchise agreements with private water
system providers which require development of water systems to conform to City water
system standards. Sewer service will be provided by the City of Bend. Fire service is
provided by the City of Bend by contract with the Deschutes County Rural Fire Protection
District #2.
Once the subject property is developed, it will be annexed into the City of Bend and the
City will then provide all urban services to the property, with the exception of water. The
applicant will be required to obtain sewer service from the City of Bend in order to be able
to subdivide and develop the property. Annexation to the City of Bend will be assured
because the City will require the applicant to consent to annexation as a condition of
obtaining sewer service for the property.
7. The plan shall encourage the development of vacant lands that have urban
services before the extension of services beyond presently served areas.
FINDINGS: This criterion has been met because the subject property is vacant, and has
urban services available to it, including sewer, water, roads, police and fire protection. No
extension of these services beyond the subject property is proposed.
8. No new service districts shall be created within the IUGB to provide sewer,
water, roads, as well as police and fire protection.
FINDING: This criterion has been met because the applicant has not proposed to create
any new service districts to serve the subject property. The applicant has documented that
existing providers and districts will provide sewer and water to the subject property. The
applicant has also shown that the Deschutes County Sheriff and the Bend Fire Department
will provide police and fire protection services for the property..
D. The Residential Areas - Residential Policies (Page 35-41)
1. The basic and.most important single development criteria for residential
areas is housing density.
FINDING: The applicant has proposed a change in plan designation and zoning for a
zone that would allow residential development to occur at the standard density of
development envisioned for the Bend Urban Area.
Page 13 (PA-97-1/ZC-97-1)
0156-2581
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 permitted within various density areas.
FINDINGS: This criterion has been met because the applicant has requested a change in
plan designation and in zoning to a zone contemplated and provided for in the Bend Urban
Area General Plan. The applicant has requested that the existing plan designation and
zoning of Urban Low Density Residential be changed to Urban Standard Residential. The
Plan density of 2.3 to 7.3 units per acre for the Urban Standard Residential designation is
reflected in the requested RS Zoning. If this plan amendment is approved, any residential
development of the property will be consistent with the plan density.
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 applicant has proposed a change in plan designation and in zoning that
is consistent with this criterion. The applicant has requested a change from Urban Low
Density Residential to Urban Standard Residential. The applicant has requested the
change because urban services and facilities are now available to serve a residential
development at the standard density contemplated in the Bend Urban Area General Plan.
The Applicant is seeking to change the plan density and to develop his property in
compliance with the new density. This application has detailed why such a change is
needed and is consistent with Plan policies.
4. All residential developments shall respect the physical characteristics of the
site relating to soils, slope, geology, erosion, flooding, and natural vegetation.
FINDINGS: This criterion is not applicable because the applicant has not submitted a
concurrent plan to develop the subject property with the requested plan amendment and
zone change. If approved, any future residential development would need to comply with
standards and criteria in both the Bend Urban Area Zoning Ordinance and the County
Subdivision and Partition Ordinance to ensure the development respected the physical
characteristics of the site.
6. All residential areas shall be provided with community water and sewer
service.
FINDING: This criterion has been met because the applicant has demonstrated that the
subject property can be provided with community water and sewer service. The applicant
has documented that the property will be served by the Roats Water Company and the
City of Bend for community water and sewer service.
Page 14 (PA-97-1/ZC-97-1)
0156-282
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.
FINDING: The proposed plan amendment and zone change is consistent with this plan
policy because the proposal does not request a concurrent amendment for the zoning
ordinance to allow different development standards. The development of the subject
property will be subject to the same subdivision and development standards that apply to
other residential properties located within the urban growth boundary.
8. New developments in existing residential areas shall respect the character
and quality of the areas in which they locate.
FINDINGS: The applicant has requested a change in plan designation and in zoning for
the subject property that has been provided for in the Plan and the implementing zoning
ordinance. The requested Urban Standard Residential Zoning allows residential
developments to a density of 2.3 to 7.3 units per acre. The increase in density allowed
under the RS Zone does not relieve the applicant or any future developer of the property
from developing the property to meet this criterion. Regardless of whether the property is
developed to an RL Zone density or the RS Zone density, any development must comply
with the standards and criteria codified in the Bend Urban Area Zoning Ordinance and the
County Subdivision and Partition Ordinance that have been crafted and adopted to ensure
new developments in existing residential areas respect the character and the quality of the
area in which they locate.
ZONE CHANGE CRITERIA:
Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance
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
sequence of growth.
FINDINGS: The applicant's request conforms with the Comprehensive Plan because it
requests the current residential plan designation and corresponding zoning be changed to a
residential plan designation and zoning contemplated by the plan. The applicant has not
requested that the exitting plan designation and zoning be changed to a designation that
was not contemplated or is not included as part of the Bend Urban Area General Plan.
The proposed zone change is consistent with the plan's intent to promote an orderly
pattern and sequence of growth. The extension of city sewer service to this part of the
Bend Urban Area has contributed to the transition of this area from vacant lands and low-
density residential development to urban density development. The proposed plan
Page 15 (PA-97-1/ZC-97-1)
0156-2583
amendment and zone change would 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 development
of additional home sites close to or adjacent to Highway 97 and the terminus of the Bend
Parkway will promote orderly growth as these roads will facilitate access to the subject
property from elsewhere in the urban area. The applicant has pointed out that the
Highway 97 corridor is a logical location for a future public transit system. Clustering
area homes near this corridor will make such a system more feasible. The addition of a
traffic light at the intersection of Highway 97 and Murphy Road assures safe access to and
from the highway for future residents. The existence of commercial development in the
area of the subject property, including a major grocery store and discount retailer close to
future residences, will provide services for future residents, a part of the orderly growth of
any community.
B. That the change will not interfere with existing development, development
potential or value of other land in the vicinity of the proposed action.
FINDING: The proposed change will not interfere with existing development because no
new development is proposed concurrently with the requested plan amendment and zone
change. Any future development will be required to comply with applicable zoning and
land division standards to ensure any development of the property will not interfere with
the existing development.
The proposed zone change will not interfere with the development potential of land in the
vicinity of the subject property. The lands that are available for future development are
primarily zoned RS and CH. Development of the subject property with an RS zone -
allowed development will not harm RS and CH zoned properties.
Development of the subject property at an RS Zone density will create additional vehicle
traffic from construction and from new residents. This increase is the inevitable result of
development in this part of the Bend UGB. There will undoubtedly be impacts on existing
development from the increase in vehicular traffic from future development on the subject
property. Any development of the property will be required to meet all county and city
standards for subdivisions, and the developer must provide, at his or her own cost, the
connections necessary for all urban services, as well as road improvements necessitated by
that development.
The proposed plan amendment and zone change will not interfere with the value of other
properties in the area of the subject property. The only lands that could be adversely
affected by the requested change are those lands that are planned and developed with RL
density development or that are available for RL density development. One developed RL
zoned lot, the Ince property, adjoins the southern boundary of the subject property. The
Ince lot is located at the top of the rise in the hill that occurs on Parrell Road along the
southern portion of the subject property. The subject property is not visible from the
homes that are located to the south of the Ince property.. Additionally, this area and all
of the RL property located to the south of the subject property already adjoin undeveloped
RS zoned. No evidence was presented which showed that the rezoning of the subject
property to RS will have any impact on the value of the south Parrell Road RL lots than
already experienced by these lots as a result of being adjacent to the undeveloped RS
zoned property.
Page 16 (PA-97-1/ZC-97-1)
6156-2584
The northeastern boundary of the subject property adjoins the RL -zoned Bend Golf Club
Addition subdivision. The lots in this subdivision are consistent with the lot sizes
contemplated in the RS zone and are substandard for the RL zone, which requires a
20,000 square foot minimum lot size. As these homes are developed on lots that are
permitted in RS zones, the rezoning of the subject property to allow RS zone sized lots to
be platted will not interfere with existing development, development potential or value of
other land in the vicinity of the subject property. The rear yards of the Bend Golf Club
Addition homes adjoin the RS -zoned Bend Golf and Country Club. As with the south
Parrell Road lots, the change of the subject property to RS zoning should not, in and of
itself, affect the value of these lots as it will cause an orderly continuation of an existing
pattern of RS zoning in the area toward Highway 97.
Additionally, interference with the value of land in the vicinity of the subject property, if
any, would not be the direct result of this proposed zone change, but rather the result of
growth in this area of the community and the development of the property to the density
supported by the city's provision of sewer and water to the area and General Area Plan.
C. That the change in classification for the subject property is consistent with
the purpose and intent of the proposed zone classification.
FINDING: This criterion has been met because the applicant has shown that the change
in classification requested is consistent with the purpose and intent of the requested zone
classification. The stated purpose of the RS Zone is 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 be consistent with the purpose of the RS zone to provide
for this most common urban residential density of development where community sewer
services are available. Sewer services are available to and required for the subject
property if it is to be subdivided and developed. The property will be developed under RS
regulations to create a suitable environment for residential living. The site's location near
major area roads, commercial services such as grocery stores, restaurants and shopping
centers, potential employers and the Bend South fire station make it a suitable location for
urban residential development and family living.
D. That the change will result in the orderly and efficient extension or provision
of public services. Also, that the change is consistent with the County's
policy for provision of public facilities.
FINDINGS: This criterion has been met because the applicant has demonstrated that the
change will result in the orderly and efficient extension or provision of public services.
Public services are presently provided to the Parrell Road neighborhood by Deschutes
County, the Deschutes County Rural Fire Protection District 92 and Deschutes County
Sheriff s Office. Sewer service will be extended to and through the subject property if this
application is approved and the property is allowed to develop at RS zone densities. Also,
Page 17 (PA -97-1 /ZC-97-1)
6156--25-85
the applicant will be required to consent to the annexation of his property to the city of
Bend. Such annexation will occur when deemed appropriate by the City of Bend but may
occur at any time as the subject property adjoins the City limits of the City. The proposed
zone change and the resulting increase in density is consistent with the county's policies
on the efficient and economic provision of public services, as discussed above. The
development of additional home sites close to or adjacent to Highway 97 and the terminus
of the Bend Parkway will promote orderly growth as these roads will provide adequate
access to the subject property from elsewhere in the urban area. The existence of a traffic
light at the intersection of Highway 97 and Murphy Road assures safe access to and from
the highway for future residents. The existence of commercial development in the area of
the subject property, including a major grocery store and discount retailer, provides
services for future residents, a part of the orderly growth of any community.
E. That there is a proof of a change of circumstances or a mistake in the
original zoning.
FINDINGS:
1. Mistake. The applicant has not asserted that there is a mistake in the original zoning.
To the contrary, the applicant has demonstrated that the City of Bend and Deschutes
County deliberately zone the property RL due to its location in the urban area and its
distance from sewer and transportation facilities necessary to support a greater density
of development.
2. Chanized Conditions. The applicant has documented a change of circumstances
since the original zoning was adopted in 1979, as discussed in detail above.
CONFORMANCE WITH OREGON ADMINISTRATIVE RULES:
Chapter 660, Division 12, Transportation Planning Rule
Section 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:
(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.
FINDINGS: The proposed plan amendment and zone change will not "significantly affect a
transportation facility" as that phrase is defined by OAR 660-12-060. The maximum density
allowed by the requested RS Zoning will not generate a level of vehicle traffic that is inconsistent
with the planned function, capacity, and level of service of Parrell Road.
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0156-2586
(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;
FINDINGS: The proposed plan amendment and zone change does not propose a change
in the functional classification of any the existing or planned transportation facilities. The
applicant has not requested that Parrell Road be changed from a collector to a local road
or an arterial. The applicant has also not requested or proposed a change in the land uses
allowed under the RS Zoning that would result in a change of classification for Murphy or
China Hat Road.
(b) Changes standards implementing a functional classification plan;
FINDINGS: No change is proposed to the standards that implement a functional
classification plan. The current County classification plan classifies roads according to
their intended function: arterial, collector and local. Murphy Road and Parrell Road are
collector streets. Approval of this application will not affect that classification.
(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
FINDINGS: The subject property abuts a transportation facility that has been designed
and classified to accommodate the increase in residential density requested through the
plan amendment and zone change. The property abuts Parrell Road, which has been
designated a collector road by the Plan's Transportation Circulation Element. Collector
roads, such as Parrell Road, are intended to use be used principally for the movement of
traffic between arterials and local streets. Development of Parrell Road will be achieved in
accordance with County access limitations which will assure that the road will function as
a collector. The level of traffic to be generated on Parrell Road will not exceed the
amount of traffic Parrell Road is designed to accommodate.
The maximum amount of traffic that could be generated by development of the subject
property will not overburden Parrell Road. The capacity of Parrell Road is 7,000 vehicles
per day, according to the Deschutes County Public Works Department. The latest County
study of this road indicates that in 1994, Parrell Road was carrying 353 vehicle trips per
day (See Exhibit E). No major developments or traffic pattern revisions have occurred in
this section of Parrell Road since 1994 to alter the validity of this traffic count so the 1994
figure is reliable for purposes of analysis. If the subject property is developed at the
maximum allowed density of 7.3 single family units per acre, there will be 169 single
family residences on the subject tract. The Institute of Traffic Engineer's (ITE) Manual,
1991 edition, indicates that a typical single family residence will generate an average of
9.55 vehicle trips per day. At this rate, development the subject property will generate a
total of 1,614 vehicle trips per day. When added to the 353 vehicles trips using the road in
1994, a total of approximately 1,967 vehicle trips per day will occur on Parrell Road, 28%
of the road's present capacity of 7,000 vehicle trips per day.
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(d) Would reduce the level of service of the facility below the minimum
acceptable level identified in the TSP.
FINDINGS: Deschutes County has not yet adopted a TSP so no minimum level of
service has been identified for Parrell Road. However, since a maximum of 28% of the
capacity of Parrell Road would be used by current and potential new traffic from the
subject property, the approval of the zone change will not reduce the level of service of
Parrell Road below its design capacity.
Chapter 660, Division 15, Statewide Planning Goals
State law provides that statewide land use goals apply to comprehensive plan amendments, if the
goals :contain specific provisions which govern the type of action authorized by the plan
amendment and are affected by the proposed change. The following findings address the
applicant's compliance with the applicable Statewide Planning Goals:
Goal 1, Citizen Involvement will be met by the County as the County's land use process
provides for notice of proposed zone changes and plan amendments to the general public by
publication in The Bulletin and by the mailing of notice to surrounding property owners affected
by the proposed plan amendment. The Deschutes County land use Hearings Officer will hold at
least one hearing regarding the proposed amendment. If the Hearings Officer's decision is
appealed, the Board of Commissioners will hold a public hearing regarding the application. The
Hearings Officer's decision and the Deschutes County staff report regarding the application will
provide further information to citizens and allow them to be informed participants in the plan and
zone change process.
Goal 2, Land Use Planning will be met because at least one public hearing be held prior to
adoption of comprehensive plan and zoning ordinance amendments. The County land use
procedures ordinance provides such a hearing, complying with Goal 2. The requested plan
amendment is being decided under the State acknowledged plan amendment process and criteria
provided in the Bend Area General Plan and the Bend Urban Area Zoning Ordinance. The
amendment is consistent with the requirement of Goal 2 that plans be amended at times to reflect
changes in public policy or changed circumstances.
Goal 3, Agricultural Lands and Goal 4, Forest Lands are not applicable because the subject
property is located within an urban growth boundary and the property is not designated as
agricultural or forest land by the comprehensive plan.
Goal 5, Open Spaces, Scenic and historic Areas and Natural Resources is not applicable to
this review as the subject property does not contain any County identified Goal 5 resources nor
would its development affect any Goal 5 resources.
Goal 6, Air, Water and Land Resources Quality will be met. The provision of sewer service
to the subject property will assure that effluent is treated to avoid pollution of water resources.
Air quality will be improved by concentrating residential growth closer to urban shopping and
business facilities and along a likely future public transit route, reducing resident use of the
automobile and average trip length. The development of this property at a standard urban density
Page 20 (PA -97-1 /ZC-97-1)
will help preserve land resources by providing home sites within the urban growth boundary
where urban services may be provided. This concentration of growth protects rural resource land
from being used for urban boundary growth.
Goal 7, Areas subject to Natural Disasters and Hazards because the subject property is not
located in a known natural disaster or hazard area..
Goal 8, Recreational Needs is not applicable because the property is not planned for future park
or recreational use and is not being proposed for destination resort use. Additionally, Goal 8 is
not applicable because the goal addresses the planning and development of destination resorts
outside of an urban growth boundary.
Goal 9, Economic Development is not applicable because the applicant has not proposed
changing commercial or industrial zoning to residential. The proposal does not affect the
inventory of commercial and industrial lands in the Bend Urban Growth Boundary.
Goal 10, Housing is met because the requested plan amendment and zoning allow the
development of more affordable and smaller home sites. This change will help achieve Goal 10's
direction to provide housing at a "price range ... commensurate with the financial capabilities of
Bend households. The provision of standard density housing at this location will allow for a
variety of housing types in the neighborhood. Increasing the density of this property will partially
offset the development of urban area RS zoned land at RL zone densities so that the community
will be provided with the numbers of residential lots contemplated when the City and County
obtained acknowledgment of the Plan as providing needed housing in the urban area.
Goal 11, Public Facilities and Services requires the City to plan and develop in a timely, orderly
and efficient fashion, based upon the availability of public services. This goal will be met because
all needed public facilities and services are available to serve the subject property, including sewer
service. Parrell Road is currently able to handle the maximum level of traffic anticipated from
development of the property. The community will also collect systems development charges to
fund needed infrastructure improvements to area parks, roads and sewers. The Applicant will
also be required by Roats Water System to upgrade utility facilities as a condition of service. This
upgrade will provide better service for other area water customers. The proposed zone change
and plan amendment will allow for a timely, orderly and efficient arrangement of streets, sanitary
sewers and other public facilities in this area. Greater density will allow these public facilities to
be provided in an economic way, at a cost which allows the residential lots to be sold and to be
affordable.
Goal 12, Transportation will be met. Parrell Road has adequate capacity to handle the traffic
generated by development of -this property with single family residences at the maximum density
allowed by the Plan. Further, Highway 97 and the future Bend Parkway will provide excellent
access to all areas of the community from the subject property.
Goal 13, Energy Conservation requires that land and uses developed on the land be managed so
as to maximize the conservation of all forms of energy, based upon sound economic principles.
This goal will be met because the site is located on a major highway that is a logical location for a
future City bus system. Further, the location of more housing near grocery stores and other
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0156-2589
commercial establishments used by area residents will help conserve fossil fuel energy sources by
reducing the need for and length of automobile trips.
Goal 14, Urbanization is met because the zoning proposed for the subject property will allow
urban density development with urban uses on land located within an urban growth boundary, as
contemplated by this goal. The RL zoning presently applied to the subject property allows and
requires large lot, single family residential development on 20,000 square foot lots. The requested
RS plan designation and zoning will allow the property to be developed at densities contemplated
for within the Bend Urban Growth Boundary.
Goals 15 through 19 address river, ocean, and estuarine resources. These goals are not
applicable because the subject property does not abut any of these water resources.
DECISION
Based on the forgoing Findings of Fact and Conclusionary Findings, the Hearings Officer
concludes the applicant has met the burden of proof for a plan amendment and a zone change
from RL, Urban Low Density Residential to RS, Urban Standard Residential. The applicant has
demonstrated that there have been several changes in circumstances since the adoption of the
original plan that warrant a change in zoning and plan designation for the subject property. The
applicant has also demonstrated that there is a public need and benefit for the requested zone
change and plan amendment. The applicant has shown that the change to allow urban standard
residential densities at the subject property will allow residential development to occur within an
urban growth boundary and in an orderly and efficient pattern. The applicant has demonstrated
that all public services and facilities can be provided to serve the development of the property at
an urban standard residential density. Finally, the applicant has met all applicable criteria for
approval in the Bend Urban Area General Plan, the Bend Urban Area Zoning Ordinance, and the
Oregon Administrative Rules addressing the goals and transportation planning.
The Hearings Officer APPROVES the requested plan amendment from Residential - 20,000
square foot minimum land area to Residential 6,000 square foot minimum land area per dwelling
unit, and the zone change from RL, Urban Low Density Residential to RS, Urban Standard
Density Residential.
Dated: March ' 1997.
Mailed: March Z7, 1997.
Christo r C. Eck, Hearings Officer
THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING, UNLESS TIMELY
APPEALED.
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