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1998-11139-Ordinance No. 98-020 Recorded 2/18/19987SEVIEWED AS TO FORM REVIEWED CODE REVI W COMM. ���� - LEGAL COUNSEL U164-005" BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUITY REGOI� t i "• 6 co An Ordinance Amending the Bend Area * c General Plan Map to Change the Plan Designation for Certain Property, and Declaring an Emergency. * =- ORDINANCE NO. 98-020 WHEREAS, Garrett Rice 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; and WHEREAS, a hearing was held on December 2, 1997, after notice given in accordance with law, before the County Hearings Officer; and WHEREAS, the Hearings Officer recommended approval of the proposed amendment; and 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 is amended to change the plan designation for the property depicted on Exhibit "A" and described in 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 Deschutes County Hearings Officer dated January 13, 1998, relating to Plan Amendment Application PA -97-11, marked Exhibit "C," attached hereto and by this reference incorporated herein. PAGE 1 OF 2 - ORDINANCE NO. 98-020 (2/11/98) 1VMICRo,T('�� APR 11998 Section 3. 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 "_ day of L 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS OF/DESCHUTES COUNTYA OREGON CYTE SCIJLANGEN, Chair T L. NIPPER, Recording Secretary LINDA L. SWEAONGEISf, PAGE 2 OF 2 - ORDINANCE NO. 98-020 (2/11/98) EXHIBIT "A" 0164-®059 NE ocR SEC tem � wSECi I fN f — !� v lam ttswr6e•tf•E tMS.20 •e• 5700 � elo.Js �' 4005 0.42 .� 501 1500 1.1'5 AC 6 0 rc� * It-75 � a 600 ri • _ f (e+ 7 5�5 J?.67 i2.2ait. r 1, (7. E0� •• 3 3600 .p e; � �u� ~ 3500�io � —'1700 PARCEL 1 1 eo 2600 j 377.67 . \ 800 is7 L. 701 f,�''' :y 2702 ! S1 f/4 aff SEC m'2� u7 9E t!J 1.00 A 1 r77 " �ZA 0.70 I ]2.f I� rof.n P Z �'a twtii ie'E ,f: I rol•.n, 2801t� 26 ?� 2800 a 0.46 K_ 9 .Sr• 4.60 AC PARCEL r � JO.tW 1�60-1 4le t' 4 Ifo Q v c 873.23 j 2604 SissusulLsvissulls 16 eJ�� • 5 e/.� Z 00 r� ,� PARCEL tq. is 35-0. 4.20 AC it. 7J. 2 KAND 1147.15 R 2soo to c v ARCEL 1 r•` µ• 51•11.� AC ;1 c K -Cm SEC to 5 _ Km • 1400 6 PARCELL"Nomrm growI s"to 3000 �� Z501 J • � � . .'� 1.011 AC PARCEL PAGE 1 OF 1— EXHIBIT "A" TO ORDINANCE 98-020 0164-0060 EXHIBIT "B" Parcels 1 and 2 of Partition Plat 1996-49 and Parcel 1 of Partition Plat 1996-4 PAGE 1 OF 1 — EXHIBIT `B" TO ORDINANCE NO. 98-020 0164-0061 DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: PA -97-11 and ZC-97-6 �,1�y13,ats,e� APPLICANT/: 4 PROPERTY OWNER: Garrett Rice 4 P.O. Box 1704 ^� Bend, Oregon 97709p Liz Fancher �� 0 ATTORNEY: 25 N.W. Minnesota, Suite #5 Bend, Oregon 97701 Me 8Z REQUEST: The applicant is requesting approval of a plan amendment and zone change from RL, Urban Low Density Residential, to RS, Urban Standard Density Residential, for a 9.26 -acre parcel in the Bend Urban Area. STAFF REVIEWER: Damian Syrnyk, Associate Planner HEARING DATE: December 2, 1997 RECORD CLOSED: December 16, 1997 L APPLICABLE STANDARDS AND CRITERIA: A. The Bend Urban Area General Plan B. Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance Chapter 19.116, Amendments, Appeals and Procedures Section 19.116.030, Standards for Zone Change C. Oregon Administrative Rules Chapter 660-12, Transportation Planning D. Statewide Land Use Planning Goals Rice PA-97-11/ZC-97-6 Page 1 11 Exhibit - G Page 1 of '21 Ordinance -02-0 0164-0062 IL FINDINGS OF FACT: A. Location: The subject property is located at 63483, 63515, and 63517 Boyd Acres Road in Bend, and is further described as Tax Lots 2800, 2801 and 2900 on Deschutes County Assessor's Map #17-12-16A. B. Zoning: The subject property is zoned RL, Urban Low Density Residential, and is designated urban low density residential — 20,000 square foot minimum lot size -- on the Bend Urban Area General Plan map. C. Site Description: The subject property is 9.26 acres in size, and consists of three legal parcels. It is currently developed with a dwelling and two accessory buildings. The property abuts Boyd Acres Road on the east and a Swaney Irrigation District Canal on the west. The portions of the site near Boyd Acres Road include rock outcrops and are roughly level with the grade of Boyd Acres Road. The remainder of the property is below the street grade. D. Surrounding Zoning and Land Uses: Land surrounding the subject on the north, west, and south is zoned RL. Land east of the property across Boyd Acres Road is zoned RL and RS. To the north of the property are parcels 3/4 to 2.48 acres in size and developed with residences. To the west are the Swalley canal, the RL -zoned Shallowbrook Subdivision developed with dwellings, and undeveloped residential land created by Partition Plat 1990-26. To the south are parcels 1.25 to 5 acres in size and developed with residences and accessory structures. To the east of a portion of the property is a .46 -acre parcel zoned RL which was partitioned from Tax Lot 2900, as well as the RS -zoned Phoenix Park subdivision and an RL -zoned single family residence surrounded by the Phoenix Park subdivision and across Boyd Acres Road. E. Procedural History: The subject applications were submitted on October 8, 1997, and were accepted by the county as complete on October 16, 1997. The 120 -day rule for issuance of a final local land use decision is not applicable to this application for a plan amendment and zone change. ORS 215.428(6). A public hearing on the applications was held on December 2, 1997. At the public hearing, the Hearings Officer took testimony, left the written record open to 5:00 p.m. December 9, 1997, and allowed the applicant to 5:00 p.m. December 16, 1997, to submit final arguments pursuant to ORS 197.763(6). The record closed on that date. F. Proposal: The applicant is proposing a plan amendment and zone change from RL to RS in order to develop the subject property with urban -density residential development. Rice PA-97-11/ZC-97-6 Page 2 Exhibit Page 2- of 7— Ordinance 1'0-0 0164--0061. G. Public/Private Agency Notice and Comments: The Planning Division sent written notice of the proposed plan amendment and zone change to a number of public and private agencies and received responses from: the Deschutes County Assessor, Environmental Health Division, Property Address Coordinator and Road Department; Avion Water Company; the Bend -La Pine School District; the Bend Fire Department; and the Swalley Irrigation District. These comments are addressed in the findings below. H. Public Notice and Comments: The Planning Division mailed individual written notice of the public hearing to owners of record of all property located within 100 feet of the subject property. In addition, the subject property was posted with a notice of proposed land use action sign and notice of the public hearing was published in "The Bend Bulletin" newspaper. As of the date the record closed in this matter, the county had received six letters in response to these notices. In addition, five interested persons testified at the public hearing. These public comments are addressed in the findings below. I. Lot of Record: The subject property consists of three lots of record, each having been created by land partitions. Tax Lots 2800 and 2801 are Parcels 1 and 2 of Partition Plat 1996-49. Tax Lot 2900 is Parcel 1 of Partition Plat 1996-4 as adjusted by an approved lot he adjustment between Parcels 1 and 2. IM CONCLUSIONS OF LAW: A. The Bend Area General Plan Plan Amendments (Pages 71-72) Plan Amendments will be necessary as time passes and conditions change. As stated at the outset, this plan is intended to be a guide for the future growth of the community. It should be subject to periodic review and should be flexible, but not so flexible as to be meaningless as a statement of community policy. Changes in the Plan should be made in light of considerations relating to all or part of the community, rather than to who owns the property and is he a "good" guy or a "bad" guy. 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. Rice PA-97-11/ZC-97-6 Page 3 1( u Exhibit G Page ,� of a `f Ordinance *� �% 0164-6064 . FINDINGS: The applicant proposes a plan amendment for the subject property from urban low density residential to urban standard density residential. The proposal's consistency with plan goals, objectives, policies and statements of intent is discussed in the findings below. As discussed in those findings, the Hearings Officer finds the proposed plan amendment is consistent with the plan. In addition, for the reasons that follow, I find the applicant has demonstrated the proposed plan amendment is warranted due to changed conditions and that there is a public need for and benefit from the proposed change. 1. Chanced Conditions. The record indicates the subject property was designated and zoned RL when the Bend Area General Plan was adopted in 1979 because the City of Bend had concluded it was not technically or economically feasible to provide sewer service to the portion of the Bend Urban Area within which the subject property is located. The large minimum lot sizes established for the RL zone (20,000 to 40,000 square feet) were adopted to prevent contamination of groundwater from sewage effluent by allowing adequate area on each lot for the construction of an on-site sewage disposal system and the preservation of a reserve system area. In the early 1990's, the city determined that it had become feasible and desirable to provide sewer service to the entire Bend Urban Area. The city's sewer and water master plans were amended to reflect the city's intention to provide sewer service throughout the Bend Urban Area. In 1993, the city and county amended the Bend Area General Plan, and the county amended its subdivision ordinance, Title 17 of the Deschutes County Code, to prohibit subdivisions in the Bend Urban Area without connection to sewer. These changes had the effect of requiring future development of undeveloped RL -zoned land in the Bend Urban Area to be at urban densities in order to make the installation of sewer facilities economically feasible. As a result, the RL Zone in effect became obsolete. Following the amendments to the city's sewer and water master plans, the comprehensive plan and Title 17 to require connection to sewer service for all new subdivision lots, city sewer lines have been extended into the northeast portion of the urban area through development, beginning with expansion of the Bend Urban Growth Boundary (UGB) and extension of city sewer to permit construction of the Lava Ridge Elementary School. The record indicates city sewer lines were connected to the Phoenix Park Subdivision across Boyd Acres Road from the subject property and are located in Double Peaks Drive which intersects with Boyd Acres Road across the road from the subject property. With the extension of city sewer service to the part of the Bend Urban Area in which the subject property is located, public roads in the area also have been constructed and improved to accommodate urban -density levels of traffic. This road construction includes improvements to 18'h Street and Empire Avenue to create an arterial street connection to Yeoman Road and the collector and arterial street network of the east side of Bend including U.S. Highway 20. In addition, Cooley Road has been extended and connected to 18'' Street. A traffic signal has been Rice PA-97-11/ZC-97-6 Page 4 Exhibit - Page of Ordinance '2 -10--0 0164-0065 installed at the intersection of Highway 97 and Cooley Road to provide safe access to the highway. Urban -density residential development has begun in this part of the Bend Urban Area as a result of the extension of city sewer service and the construction of urban standard streets. As noted above, in 1993, the Bend UGB was expanded to include the site of the Lava Ridge school and city sewer service was extended to the school. The property across Boyd Acres Road from the subject property, on which the Phoenix Park Subdivision is located, was rezoned from RL to RS in 1996 (File #PA-95-11/ZC-95-9). The Hearings Officer finds extension of city sewer service to the northeast part of the Bend Urban Area, construction of the Lava Ridge School, improvement of the road system in this area with interconnecting urban -standard streets, and the rezoning of the Phoenix Park property to RS have begun the process of urbanizing this part of the urban area which. I concur with the applicant and staff that these events constitute significant changes in conditions since the subject property was originally zoned RL. I further find these changed conditions justify the proposed plan amendment a zone change because, for the reasons discussed below, it is no longer economically feasible or desirable from a planning standpoint to allow low-density subdivisions in the Bend Urban Area. 2. Public Need and Benefit. At the outset, the applicant correctly notes that the establishment of a public need for and benefit from the proposed plan amendment and zone change is one of the three alternative justifications he must make. In other words, having established changed conditions justifying the proposed plan amendment and zone change, the applicant is not required to establish a public need and benefit. Nevertheless, the applicant has made such a showing, and for the reasons set forth below, the Hearings Officer finds the applicant has demonstrated a public need for and benefit from the proposed plan amendment and zone change. Attached to the applicant's Burden of Proof as Exhibit `B" is a study of development in the Bend Urban Area conducted by the Department of Land Conservation and Development (DLCD) -- the "Urban Growth Management Study: Bend Case Study (1990)." This study indicates that RS - zoned lands in the Bend Urban Area historically have developed at densities lower than the minimum density required by the Bend Area General Plan for RS -zoned lands. The general plan contemplated development at the rate of 2.3 to 7.3 units per acre on RS zoned lands in order to assure an adequate supply of housing within the Bend UGB for the required twenty-year planning period. However, the DLCD study indicates that between 1982 and 1990, undeveloped RS - zoned 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 -zoned subdivisions during the same time period. The DLCD study shows this pattern of underdevelopment of RS -zoned land has continued in many parts of the Bend Urban Area, including low-density subdivisions such as development on Rice PA-97-11/ZC-97-6 Page 5 Exhibit Page 5- of Z24 Ordinance —0ZZV Awbrey Butte (with an average density of only .96 dwelling units per acre), an461066 communities such as the Broken Top planned development (with a density of only 1.28 units per acre), and Awbrey Glen (with a density of only .875 residential units per acre). In this Hearings Officer's decision approving a plan amendment and zone change from RL to RS for the Phoenix Park Subdivision property located across Boyd Acres Road from the subject property (File #PA-95-11/ZC-95-9) attached to the applicant's Burden of Proof as Exhibit "A", I found that both the DLCD "Bend Case Study" and a 1995 City of Bend "Urban Area Single Family Lands Report" included in that record concluded that continuing the pattern of low- density subdivision development in the Bend Urban Area would result in a 200 -acre shortage of residential -zoned lands within the Bend UGB and the failure to provide adequate housing within the UGB for the required twenty year planning period. That is because this type of development consumes large parts of the urban area at less -than -urban densities. I further concluded that 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 with full urban services in order to prevent or delay expansion of UGB's into resource (farm- and forest -zoned) lands. The Hearings Officer finds the statewide planning goals and general plan policies requiring urban - density development within Bend UGB to prevent unnecessary urban sprawl are equally applicable to this plan amendment/zone change application. The proposed plan amendment would allow the subject property to be developed at standard urban densities, thereby providing adequate housing in the Bend UGB, discouraging urban sprawl and reducing need to expand Bend UGB into resource lands, while allowing urban services such as sewer and water service to be extended more efficiently and economically throughout the urban area. In addition, allowing the subject property to be developed at urban density will provide greater opportunities to fund necessary infrastructure improvements as the applicant and developers of similar properties will be required to construct or fund necessary infrastructure for subdivisions. Finally, greater density will result in more taxpaying households located within the urban service area, generating more revenue to fund public infrastructure improvements than if the property developed at RL zone densities. For the foregoing reasons, the Hearings Officer finds development of the site at standard urban residential density will meet a public need and confer a public benefit by protecting resource lands located outside the urban growth boundary from pressure to expand the Bend UGB, by slowing the rate of absorption of urban and urbanizable lands located within the UGB and by encouraging urban development where public urban services exist and can be extended economically. Opponents argue the applicant has failed to demonstrate a public need for the proposed plan amendment and zone change because there currently are a number of vacant residential lots and homes for sale in the Bend Urban Area. Jack and Norma Dannenbring, who own a parcel adjacent Rice PA-97-11/ZC-97-6 Page 6 Exhibit Z41Page Of Ordinance ` 'Q4L" 0264-0061 to the subject property, submitted into the record a list of RS -zoned subdivisions with lots for sale.' The Hearings Officer finds the Dannenbrings' argument misses the mark. The applicant is proposing a plan amendment and zone change to make RS -density development on the subject property possible in the future. Whether and when the property is developed with a subdivision will be determined by market factors. As discussed above, I have found the applicant has demonstrated a public need for and benefit from the proposed redesignation and rezoning of the property by allowing future development at urban standard residential density. Based upon the above findings, the Hearings Officer finds the applicant has demonstrated the proposed plan amendment is justified both by changed conditions and by a public need for and benefit. General Policies and Recommendations (Page 6 of Plan) 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. FINDINGS: The Hearings Officer finds the proposed plan amendment is consistent with this policy because it will permit urban -density development in an area where urban services can be provided and in a manner which will minimize tax costs related to services. 1. Transportation Facilities. As discussed in the findings above, the subject property is in a part of the Bend Urban Area where urban standard public streets have been constructed and connected. The site is located a short distance from the intersection of Cooley Road and Highway 97, two designated arterial streets. In addition, the property has access to Empire Avenue and its intersection with Highway 97 and the future Bend Parkway. A 1993 traffic impact study prepared by Lancaster Engineering in support of the adjacent Phoenix Park Subdivision and included in this record as Exhibit "D" to the applicant's Burden of Proof concludes that at the time the study was prepared the street network in the area surrounding the subject property had the capacity to ' The Dannenbrings also object to the proposed plan amendment and zone change on the basis of what they consider misrepresentations by the applicant when he sold their property to them in late 1995. They claim the applicant represented the subject property would be developed with only one more dwelling, and therefore the area would remain "rural." The applicant responds that he advised the Dannenbrings the county and city were planning to rezone RL lands within the Bend UGB to RS, and that their objections to his proposal are motivated by a desire to obtain additional property from the applicant. The Hearings Officer finds the dispute between the Dannenbrings and the applicant regarding their property transaction has no bearing on the issues before me in this application. Rice PA-97-11/ZC-97-6 Page 7 Exhibit Page _7 of 2 -4f - Ordinance _ p_ L' 0164-0068 handle the increase in traffic anticipated to be generated by the subdivision. The Hearings Officer concurs with staff's observation that other than the new traffic generated by the Phoenix Park Subdivision, the demand placed upon the road system by area traffic has not changed materially since the 1993 study. In addition, in comments on the applicant's proposal, Dick Johnson of the Deschutes County Road Department stated "Boyd Acres has the capacity to handle traffic generated by the development of this property at a standard density." Z Opponents argue the Lancaster traffic impact study is incorrect (although they offer no evidence to contradict it) and assert Boyd Acres Road cannot accommodate additional traffic, including traffic generated by development on the subject property, without compromising motorist and vehicle safety due to the road's relatively narrow width and an "s -curve" located just north of the subject property. In the Hearings Off'icer's decision approving the plan amendment and zone change for the Phoenix Park Subdivision (File #PA-95-11/ZC-95-9), included in the record as Exhibit "A" to the applicant's Burden of Proof, I described Boyd Acres Road as follows: "There is no dispute that Boyd Acres Road in the vicinity of the subject property is not improved to full urban standards and will require improvements to handle additional traffic generated by development in this area. It has a narrow paved surface with no curbs or sidewalks and in places has narrow shoulders. It has a number of tight curves requiring a significant reduction in vehicle speeds. However, I find that installation of the stop sign on Boyd Acres at Morningstar Drive has served to slow traffic on Boyd Acres " (Exhibit "A', page 25.) In his response to opponents' objections to the proposed plan amendment and zone change, the applicant asserted that when the subject property is developed with a subdivision the developer will be required to make necessary improvements to Boyd Acres Road. The applicant also noted that the developer of the Phoenix Park Subdivision was required as a condition of subdivision approval to make improvements to Boyd Acres and to create a clear vision area across one subdivision lot located adjacent to the "s -curve" to address safety concerns. The Hearings Officer is aware that Boyd Acres Road likely was not intended to serve an urban population when it originally was constructed. Indeed, in his comments on the applicant's 2 The applicant's Burden of Proof estimates an RS -density subdivision would generate 9.55 average daily vehicle trips (ADT's) per day per dwelling, based upon projections in the Institute of Transportation Engineer's Trip Generation Manual (5th Edition). Thus, an RL -density subdivision of 20 dwellings would generate approximately 191 ADT's. An RS -density subdivision with 39 lots as contemplated by the applicant would generate a total of approximately 372 ADT's. Rice PA-97-11/ZC-97-6 Page 8 .4 u Exhibit c Page -- Of ZA�-4 Ordinance 0164-0069 proposal, Dick Johnson stated "Boyd Acres Road is classified as an urban local street at this location, though it functions as a minor collector." Nevertheless, as noted above, the Road Department has stated its opinion that Boyd Acres has the capacity to handle additional traffic from urban -density development of the subject property. In addition, the traffic impact study prepared by Lancaster Engineering in support of the Sunbird Subdivision, attached to the applicant's Burden of Proof as Exhibit "D," also states the opinion that Boyd Acres Road has the capacity to handle additional urban -density development in the area. Opponents have not offered competent or persuasive evidence to refute the Road Department's and Lancaster Engineering's expert opinions. Therefore, I find the applicant's proposal is consistent with this policy. 2. Water and Sewer Service. The record indicates water service is provided to the subject property by Avion Water Company through a 12" water main. Avion did not provide written comments on the proposal. The Hearings Officer finds this lack of comment signifies Avion believes it can provide adequate water quantity and pressure to serve RS -density development on the subject property. As discussed above, city sewer service has been extended to this part of the Bend Urban Area and is available to the subject property by connecting to the sewer line constructed for the Phoenix Park Subdivision across Boyd Acres Road from the subject property. Therefore, the Hearings Officer finds sewer service is available to the property. 3. Schools. The subject property is within the boundaries of the Bend -La Pine School District, is within walking distance of the Lava Ridge Elementary School and is located near school district bus service routes used by middle school and high school students. In its comments on the applicant's proposal, the school district did not take a position in support of or in opposition to the proposal. Rather, the district's representative stated the district's policy is to provide new schools to respond to increases and changes in the student population through a number of measures, including the construction of new schools, boundary adjustments, busing of students, using modular structures, increasing class sizes and double -shifting of schools. The school district's comments indicate the 1997 enrollment at Lava Ridge Elementary School is above the district's "maximum enrollment guidelines" for the school.' Opponents argue the applicant's proposal should not be approved while Lava Ridge is "overcrowded." The applicant responds that school capacity is not an approval criterion for a plan amendment, nor can it be used to establish a de facto moratorium on development, relying on Wilmington Neighbors v. City of Bend, 30 Or LUBA 418 (1996) (existence of transportation system plan not a subdivision approval criterion), and Home Builders Association v. Cityf Wilsonville, 30 Or LUBA 246 (1996) (road capacity not a valid basis for issuing development ' The district's comments show that of the nineteen schools in the district, eight currently exceed these enrollment guidelines and eleven fall below them, including six elementary schools. Rice, t Exhibit PA-97-11/ZC-97-6 ��G Page 9 Page 2 of Ordinance y 0Z cs 0164-00'70 approvals). In this Hearings Officer's decision approving the plan amendment and zone change for the Phoenix Park Subdivision (Exhibit "A" to the applicant's Burden of Proof), I stated: "The Hearings Officer concurs with the applicant's legal analysis that the statewide planning goals and comprehensive plan provisions concerning urbanization appear to place less emphasis on school capacity than other urban services in making planning decisions about proper densities. Moreover, Title 19 does not contain definitions of `urban services' or public services' indicating that schools were intended to be included within those terms Nevertheless, I find that school capacity is a relevant issue in determining the impact of a particular zone change proposal on the orderly provision of public services " (Exhibit "A ,, page 23). I went on to find that the applicant in that case had demonstrated his proposed plan amendment and zone change would contribute to the orderly provision of school services because of the school district's school siting and enrollment policies, reiterated in the school district's comments on the subject proposal. I adhere to my analysis in the Phoenix Park decision and find the record demonstrates the applicant's proposal is consistent with this plan policy by providing urban - density residential development within walking distance of an elementary school and on or near a school bus route to middle and high school, thus thereby reducing the cost of providing bus service to students and spreading the tax burden of paying for new schools through school bonds and operating levies over a greater number of properties. 4. Parks and Libraries. The Hearings Officer finds the proposed increase in density for the subject property also will have cost -reducing effects on the provision of parks and library services which are funded by ad valorem property taxes. Inasmuch as urban -density development of the site will expand the area's tax base, it will similarly spread the cost of funding library and park construction and operation over more properties. In addition, the record indicates a large tract of land owned by the Bend Metropolitan Parks and Recreation District is located a short distance east of the subject property. 5. Police and Fire Protection. The record indicates the subject property is served by the Deschutes County Sheriffs Office and will be served by the Bend Police Department after annexation into the City of Bend. The record also indicates the property is served by the Bend Fire Department through a contract with the Deschutes County Rural Fire Protection District #2. In its comments on the proposed plan amendment/zone change, the fire department requested only that certain conditions of approval be imposed at the time of subdivision development of the subject property to assure fire safety. For the foregoing reasons, the Hearings Officer finds the proposed plan amendment and zone change are consistent with this plan policy. Rice PA-97-11/ZC-97-6 Page 10 ttG � Exhibit �� Page !0 of — Ordinance 0164-0071 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: As discussed in the Findings of Fact, above, the area surrounding the subject property includes predominantly low-density residential zoning and development with one RS - zoned subdivision directly across Boyd Acres Road. The Hearings Officer concurs with staff's and the applicant's observations that as a result of urbanization of the area surrounding the subject property through the construction of urban -standard streets, the extension of city sewer service, and the rezoning from RL to RS of the Phoenix Park property across Boyd Acres Road, as well as the presence of other undeveloped RL -zoned land in the vicinity, the subject property is in a transition area. RS -density subdivision development on the subject property would constitute "urban in -fill" development in this neighborhood. The applicant's proposal does not include a particular subdivision proposal .4 However, at the public hearing, the applicant's attorney stated the property likely would be developed with 39 homes and that most of the lots would be 6,000 square feet with the lots adjacent to the Swalley Irrigation Canal being larger.5 The proposed RS plan designation and zoning would allow a density of 2.3 to 7.3 units per acre while the existing RL designation and zoning allow a density of 1.1 to 2.2 units per acre. The Hearings Officer finds the higher range of RL density and the lower range of RS density are quite close, thus making possible RS -density development that can be compatible with RL -density development. Moreover, I concur with the applicant's observation that the county's subdivision ordinance includes provisions requiring subdivisions to respect the character of an area. (See, e.,g-, Section 17.16.100(A).) In addition; the RS Zone includes standards for subdivisions and residential planned unit developments similar to those in the RL Zone. (Com are Sections 19.24.055 and 19.28.055.) Therefore, I find the subject property can be developed with an RS -density subdivision that can be compatible with surrounding RL- and RS - density development, including the use of such techniques as larger -than -minimum lot sizes and vegetative screening around the perimeter of the subdivision. " Opponent Allen Killel argued at the public hearing that the applicant's proposed plan amendment and zone change should not be considered without a concurrent subdivision proposal showing exactly how the property would be developed if rezoned from RL to RS. However, there is no requirement in the Bend Area General Plan, Title 17 or Title 19 of the Deschutes County Code that requires such a submission. s The applicant's Burden of Proof states that under the current RL zoning of the subject property it could be developed with 20 homes. Thus, the proposed plan amendment and zone change would result in development of the property at approximately twice the currently allowed density. Rice PA -97-1 l/ZC-97-6 Page 11 It G Ekhibit Page It Of = Ordinance�� 0164-00'72 Opponents in effect argue no RS -density development can be compatible with their large -lot neighborhood because they purchased their large -lot properties in this part of the Bend Urban Area in order to live "in the country." The Hearings Officer understands opponents' concerns and frustrations with the urbanization of their low-density residential neighborhood, particularly where, as here, neither the city nor the county contemplated this area would be developed at urban densities when the Bend Area General Plan was adopted in 1979 and during the period when many opponents purchased their properties. Nevertheless, the subject property and surrounding neighborhood are in the Bend UGB which, by definition, means the area is not "in the country" -- no matter how it may appear. To the contrary, the urban area is planned for urban development. As discussed in the findings above, the continued development of the Bend Urban Area with low-density residential development not only is inconsistent with the urban designation of this area, but ultimately will result in a shortage of residential -zoned lands and housing, as well as an increase in urban sprawl and pressure to expand the Bend UGB into adjacent resource lands contrary to the statewide land use planning goals. For the foregoing reasons, the Hearings Officer finds the proposed plan amendment and zone change are 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 located conveniently to places of employment and shopping. The property is located relatively close to the northeast Bend industrial area, including mills and recreational vehicle manufacturing, as well as the highway commercial development along Highway 97, including the Mountain View Mall and the Empire Corporate Park and Deschutes Business Center. As discussed above, no specific subdivision development proposal has been presented for the subject property. However, the Hearings Officer finds there is nothing about the size, location or topography of the property that would prevent it from being developed consistent with its character. Moreover, the character of the property's soils is not a significant issue since any subdivision lots must be served by city sewer service and the record indicates there are no steep slopes that could present development obstacles. I concur with staffs observation that when a development proposal is submitted it will be reviewed under the county's zoning and subdivision ordinances which require, among other things, that such development preserve to the maximum practical degree the existing landscape and grade.' 6 Opponents argue the proposed plan amendment and zone change should not be approved because of the proximity of the Swalley Irrigation District Canal to the subject property and the Rice PA-97-11/ZC-97-6 Page 12 Exhibit Page Ordinance' 0164-00'73 For the foregoing reasons, the Hearings Officer finds the proposal is consistent 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. FINDINGS: Like the policies discussed above, portions of the language of this plan policy state aspirational goals and as such are not mandatory approval criteria. Stewart v. City of Brookings. 31 Or LUBA 325 (1996). Nevertheless, this policy does require that residential development recognize plan densities and not create health or erosion hazards. As discussed in the findings above, the plan designates the subject property for low-density residential development. However, the Hearings Officer has found the applicant has demonstrated the proposed redesignation and rezoning of the property for urban standard density development is justified by changed conditions and a public need for and benefit from greater density development in this part of the Bend Urban Area. And as also discussed above, any subdivision developed on the property will be subject to the approval standards in the zoning and subdivision ordinances, including provisions addressing health and safety hazards which were adopted to implement this plan provision. Therefore, I find the applicant's proposal is consistent with this plan policy. Urbanization Policies (Pages 19-21 of the Plan) Within the IUGB, the following policies will apply to the conversion of urbanizable land to urban land. 1. New development should locate in areas where facilities are available or can be provided at least cost. FINDINGS: As discussed in the findings above, incorporated by reference herein, the Hearings Officer has found the subject property has available to it a full range of urban services, and the proposed redesignation and rezoning of the property from RL to RS will allow it to be developed at greater densities, thus providing economies of scale for the construction and provision of such urban services. potential safety hazards posed by the canal for subdivision residents. The Hearings Officer finds these concerns, while certainly legitimate, are more properly addressed at the time a subdivision proposal is presented for review and approval. At that time, conditions of subdivision approval may be imposed as necessary and appropriate to assure the safety of adjacent residents. Rice PA-97-11/ZC-97-6 Page 13 Exhibit Page 3 of 2- 1/ Ordinance "C 0161--cnl 2. New development should bear the burden of paying for costs of development. FINDINGS: The Hearings Officer finds the applicant's proposal is consistent with this plan policy because the any subdivision development of the subject property will be subject to conditions of approval requiring the developer to construct or pay the cost of public facility improvements required by the development, as well as to contribute to the cost of required off- site improvements through means such as systems development charges. 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 the applicant's proposal is consistent with this policy because the applicant proposes to develop the subject property prior to other lands within the Bend UGB. I find the proposal also will encourage the development at urban density of other vacant lands that may previously have been passed over for development but now have access to urban services such as sewer, water and urban standard streets. 4. Growth in the Bend Area shall be managed through the cooperative efforts of the City of Bend and Deschutes County, and shall be in accordance with the plans, timing, phasing and financing of public facilities and services. FINDINGS: The Hearings Officer finds the applicant's proposal is consistent with this policy because development of the property is subject to the Bend Area General Plan and the Bend Urban Area Zoning Ordinance, which are adopted and implemented jointly by the county and the City of Bend. 5. Future urban development shall be contained within the geographic limits of the IUGB. FINDINGS: The Hearings Officer finds the proposal is consistent with this policy because the subject property is within the Bend UGB. 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 UGB. In the long run, the City is the logical provider of such services. FINDINGS: The Hearings Officer finds the applicant's proposal is consistent with this policy because any development on the subject property will be required to connect to city sewer service and to demonstrate access to water service of sufficient capacity and flow to assure adequate water for urban density development. Rice PA-97-11/ZC-97-6 Page 14 Exhibit Page-- of 7-'�4 Ordinance EYY 0 0164-00 F 15 7. The plan shall encourage the development of vacant lands that have urban services before the extension of services beyond presently served areas. FINDINGS: The Hearings Officer finds the applicant's proposal is consistent with this policy because the subject property has access to necessary urban services, including sewer, water, urban -standard public streets, and police and fire protection. 8. No new service districts shall be created within the IUGB to provide sewer, water, roads, as well as policy and fire protection. FINDINGS: No new service districts are proposed. Residential Areas — Residential Policies (Pages 35-41 of the Plan) 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 permitted within various density areas. 3. All new housing developments shall conform with the designated housing density, regardless of building type, site size, or timing as related to other developments. FINDINGS: As discussed above, the applicant has requested the change in the plan designation and zoning of the subject property to allow the type of urban -density residential development contemplated by the plan where urban public services and facilities are available. The Hearings Officer has found the applicant has demonstrated the proposed plan amendment and zone change are justified by changed circumstances and a public need for and benefit from increasing the density of development in this part of the Bend Urban Area. For these reasons, I find the proposal is consistent with this policy. 4. All residential developments shall respect the physical characteristics of the site relating to soils, slope, geology, erosion, flooding, and natural vegetation. FINDINGS: As discussed above, the applicant has not submitted a development proposal with the plan amendment and zone change application. However, the Hearings Officer previously has found, in findings incorporated by reference herein, that there is nothing about the subject property that would prevent it from being developed at urban standard residential density Rice PA-97-11/ZC-97-6 Page 15 /t t Exhibit C Page of Ordinance c79_0ZG 0164-0r16. respecting the physical characteristics of the site. Therefore, I find the proposal is consistent with this policy. 6. All residential areas shall be provided with community water and sewer service. FINDINGS: The Hearings Officer finds the proposal is consistent with this plan policy because the subject property will be served by city sewer service and Avion water. 7. Residential development standards within the urban growth boundary shall be the same for areas of similar densities or topographic conditions, both inside and outside the city. FINDINGS: The Hearings Officer finds the applicant's proposal is consistent with this policy because any development of the property is subject to the provisions of the Bend Area General Plan, which applies both within and outside the Bend city limits, and the Bend Urban Area Zoning Ordinance which imposes residential development standards equivalent to those established within the City of Bend. B. Title 19 of the Deschutes County Code, the Deschutes County Zoning Ordinance 1. Chapter 19.116, Amendments, Appeals and Procedures a. Section 19.116.020, 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: As discussed in the findings above, incorporated by reference herein, the Hearings Officer has found the applicant has demonstrated the proposed plan amendment and zone change are consistent with the applicable policies of the Bend Area General Plan. Specifically, I have found the proposed zone change will allow the subject property to be developed at urban density and to be served with urban services, thus facilitating development of this part of the Bend Urban Area at the densities contemplated in the plan for property served by urban services. As also discussed in the findings above and incorporated by reference herein, I have found these urban services are available and adequate to serve the subject property. Rice PA-97-11/ZC-97-6 Page 16 Exhibit Page /0 of Ordinance 0164-0077 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 discussed above, the subject property is located in a part of the Bend Urban Area that is in a transition between the more "rural" large -lot subdivisions and undeveloped RL -zoned land that have characterized much of the urban area, and newly urbanizing areas characterized by the Phoenix Park Subdivision across Boyd Acres Road to the east and the RS -zoned subdivisions developed further south near Boyd Acres. The proposed change to RS would allow the subject property to be developed at a density similar to Phoenix Park and other RS -zoned subdivisions in the northeast part of the Bend Urban Area. The subject property would be developed with single- family residences as exist in the surrounding neighborhood but on smaller lots. The Hearings Officer finds the proposed zone change will not interfere with the development potential of land in the vicinity of the subject property. To the contrary, I find the proposed rezoning will encourage further development of vacant lands at urban densities, thus increasing their value by allowing them to be developed with more houses than on RL -zoned lands. As discussed in the findings above, all subdivisions in the Bend Urban Area must now be connected to city sewer service, requiring smaller lot sizes to make the installation of sewer facilities economically feasible and thus rendering RL -density subdivisions obsolete. With respect to the impact of the proposed zone change on the value of other land in the vicinity of the subject property, opponents offered their lay opinions that their large -lot properties will be devalued by having a standard -density subdivision adjacent or near to them. The Hearings Officer finds property valuation is based upon a number of factors in addition to supply and demand, some of which are highly subjective -- such as views, landscaping, proximity to schools and services, the quality of the neighborhood, the reputation of the builder and the buyer's preference of locations. Consequently, in individual cases, smaller lots and houses in a desirable location with high amenities may be more expensive than lower density housing on larger lots in less desirable locations and without similar amenities. Partly because there are so many variables to real property valuation, state law presumes lay persons are not qualified to give opinions on real property valuation except in the limited context of tax assessment proceedings. ORS 674.100. In any event, the Hearings Officer finds the proposed zone change, in and of itself, will not interfere with the value of nearby large -lot residential properties. I find the real or perceived negative impacts on these properties from increases in density of development have more to do with the significant changes in local government policies on development within the Bend Urban Area, described in detail in the findings above, than they have to do with the proposed zone change itself. The city's decision to provide sewer service to the entire urban area, followed by the county's amendment to its zoning and subdivision ordinances to prohibit subdivisions in the urban area without sewer, have precipitated significant changes in density and the nature of Rice PA-97-11/ZC-97-6 Page 17 Exhibit - » Page 17 of 2* Ordinance NJ_ o_u 0104-0078 development in many of the outlying urban areas historically developed at lower densities. As a result of these changes, the owners of vacant, urban parcels can no longer legally or economically subdivide them at RL densities since it is neither practical nor economical to extend sewer and water to individual lots with the minimum 20,000 square foot RL lot size. While I understand opponents' desire to live "in the country," their properties lie within the Bend Urban Area which signifies that undeveloped lands in these areas ultimately will be developed at urban densities. Opponents also argue the additional traffic generated by subdivision development of the subject property at RS -densities will overburden Boyd Acres Road and will result in devaluation of their properties. There is no question additional traffic will be generated by such development. Nevertheless, as discussed in the findings above, the Road Department's comments on the proposed zone change indicate Boyd Acres has the capacity to handle the additional traffic generated by RS -density development of the subject property, and any subdivision proposal for the property will be subject to the approval criteria of Title 17, including requirements that the developer provide necessary improvements to Boyd Acres Road and other affected transportation facilities affected by subdivision traffic. For the foregoing reasons, the Hearings Officer finds the applicant has demonstrated the proposed zone change will not interfere with the development potential or value of surrounding lands. C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDINGS: The purpose of the RS Zone is set forth in Section 19.28. 010 as follows: The RS Zone is intended to provide for the most common urban residential densities in places where community sewer services are or will be available and to encourage, accommodate, maintain and protect a suitable environment for family living. The applicant proposes a zone change from RL to RS in order to allow the development of the subject property with single-family dwellings at urban densities and served by city sewer service. The Hearings Officer therefore finds the applicant has demonstrated the proposed zone change is consistent with the purpose of the RS Zone. Rice PA-97-11/ZC-97-6 Page 18 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. Exhibit Page Ig of 2 V Ordinance "�`' 01641-007 9 FINDINGS: As discussed above, the applicant proposes a zone change from RL to RS in order to develop the subject property with an urban -density subdivision served by city sewer service as contemplated in the Bend Area General Plan. The developer of a subdivision on the subject property will be required to connect each subdivision lot to city sewer service and to Avion water. The property will have fire protection through the Bend Fire Department and police protection through the Deschutes County Sheriff until the property is annexed to the City of Bend at which point the Bend Police Department will provide police protection. In addition, as noted above, the developer may be required to construct improvements to Boyd Acres Road to address impacts from the additional traffic generated by a subdivision on the property. Opponents argue requested zone change will not be consistent with the county's policy for provision of public facilities because the additional traffic generated by an RS -density subdivision on the subject property will unduly burden Boyd Acres Road and imperil the safety of pedestrians and vehicles. However, as discussed above, the Road Department's comments on the proposed zone change state Boyd Acres Road has the capacity to handle this additional traffic. In addition, the subject property is located in a part of the Bend Urban Area that has seen substantial improvement in the public street system, including the construction of 18th Street, the placement of a traffic signal at the intersection of Cooley Road and Highway 97, the extension of Empire Avenue from Highway 97 to Boyd Acres Road and the construction of the northern end of the Bend Parkway with a connection to Empire Avenue. Moreover, any subdivision proposal will be subject to review under the provisions of Title 17, assuring that access to the subdivision from Boyd Acres Road is safe and adequate, and that any improvements to the road required to accommodate subdivision traffic will be required as a condition of subdivision approval. For the foregoing reasons, the Hearings Officer finds the applicant has demonstrated compliance with this approval criterion. E. That there is a proof of a change of circumstances or a mistake in the original zoning. FINDINGS: 1. Mistake. The applicant does not argue, and the Hearings Officer finds, that the existing RL zoning of the subject property was not a mistake but rather was based upon the city's decision when the Bend Area General Plan was adopted in 1979 not to provide sewer to this part of the Bend Urban Area and to require large lot sizes to accommodate required individual on-site sewage disposal systems and reserve areas. 2. Change of Circumstances. As discussed in the findings above, incorporated by reference herein, the Hearings Officer has found the applicant has demonstrated the proposed plan amendment and zone change are justified based upon significant changes of circumstances in the area surrounding Rice PA-97-11/ZC-97-6 Page 19 Exhibit Page P9- of � Ordinance 99-16 z0 0104-0080: the subject property resulting in its urbanization. These changes consist of the extension of city sewer service to this part of the Bend Urban Area, amendments to the Bend Area General Plan and ordinances requiring that all subdivision lots be connected to city sewer, the improvement of streets in the surrounding area to urban standards, the construction of the Lava Ridge Elementary School and the rezoning from RL to RS of the Phoenix Park property across Boyd Acres Road from the subject property. I find these changes were not contemplated when the subject property was zoned RL and have made RL -density subdivisions obsolete. For the foregoing reasons, the Hearings Officer finds the applicant has demonstrated compliance with this criterion. C. Oregon Administrative Rules Chapter 660-12, Transportation Planning Rule 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: (a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; (b) Amending the TSP [Transportation System Plan] to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; or, (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; (b) Changes standards implementing a functional classification plan; Rice PA-97-11/ZC-97-6 i/G 11 Page 20 Exhibit Page Z of Ordinance (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. FINDINGS: The Hearings Officer finds the proposed plan amendment and zone change from RL to RS will not significantly affect a transportation facility -- i.e., Boyd Acres Road, and Cooley Road, Empire Avenue and their intersections with one another and with Highway 97. That is because development of the property with an RS -density subdivision will not change the functional classification of any of these streets. Highway 97, Empire Avenue and Cooley Road are and will remain designated urban arterial streets. Boyd Acres Road is a designated urban local street, and the Road Department's comments on the proposed plan amendment and zone change indicate there are no plans to change this designation although Boyd Acres Road is functioning as an urban collector street. The proposed plan amendment and zone change will not change the standards affecting any of these streets. The record indicates that as of the date this application was submitted Deschutes County and the City of Bend have not yet adopted a TSP for the Bend Urban Area and therefore no minimum level of service has been identified for Boyd Acres Road. However, the Hearings Officer finds the record indicates Boyd Acres has the capacity to handle the additional traffic that would be generated by an RS -density subdivision on the subject property. The record includes not only the comments to this effect from the Road Department and the 1993 traffic impact study performed by Lancaster Engineering for the Sunbird Subdivision and included in the record as Exhibit "D" to the land use application. This traffic study shows both that Boyd Acres Road has adequate capacity to accommodate the traffic that could be generated by RS -density development in the vicinity and that traffic generated by such development would not reduce the level of service for the intersections of Boyd Acres Road with Cooley Road and Empire Avenue below minimum acceptable levels. Opponents offered no competent evidence refuting these expert opinions. For the foregoing reasons, the Hearings Officer finds the proposed plan amendment and zone change meet the standards in the Transportation Planning Rule. D. Statewide Land Use Planning Goals FINDINGS: Goal 1. Citizen Involvement. The Hearings Officer finds this goal will be met because the county's land use process provides for notice of proposed zone changes and plan amendments to the general public by publication in "The Bend Bulletin" newspaper, by the mailing of notice to Rice PA-97-11/ZC-97-6 Page 21• Exhibit Page Z I of Zq Ordinance —000 Oil 64- OD32 surrounding property owners of record and by the posting of the subject property with a notice of proposed land use action sign. The Hearings Officer has held a public hearing regarding the proposed amendment, and the Deschutes County Board of Commissioners also will hold a public hearing on the application. The Hearings Officer's decision and the Staff Report provide information to citizens and allow them to be informed participants in the plan and zone change process. Goal 2, Land Use Planning. The Hearings Officer finds this goal will be met because at least one public hearing will be held prior to the Board of County Commissioners adopting the proposed comprehensive plan and zoning ordinance amendment. The county's land use procedures ordinance provides such a hearing, complying with Goal 2. The county will review and make a decision on the requested plan amendment under its acknowledged plan amendment process and criteria provided in the Bend Area General Plan. The proposed plan 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. The Hearings Officer finds these goals are not applicable because the site is located within an urban growth boundary and not designated as agricultural or forest land by the comprehensive plan. Goal 5. Open Spaces, Scenic and Historic Areas and Natural Resources. The Hearings Officer finds this goal is not applicable because the site does not contain any identified Goal 5 resources nor would its development affect any Goal 5 resources. Goal 6, Air, Water and Land Resources Quality. The Hearings Officer finds this goal is met because connection to city sewer service will be required to develop the subject property for an subdivision. This action will ensure that effluent is treated to avoid pollution of water resources. In addition, air quality will be maintained by allowing residential development to occur close to urban shopping and business facilities, schools and parks, thereby reducing resident use of the automobile and average trip length. The development of the subject property at urban standard density will help preserve land resources by creating 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 development. Goal 7, Areas Subiect to Natural Disasters and Hazards. The Hearings Officer finds this goal is not applicable because the site is not within an area subject to natural disasters or hazards. The Bend Area General Plan and zoning maps show the site is not in a flood plain or natural hazards area subject to slides or unstable geologic activity. Rice PA-97-11/ZC-97-6 Page 22 Exhibit G Page tiZ of Z`f Ordinance 0164-0083 Goal 8. Recreational Needs. The Hearings Officer finds this goal is not applicable because the site is within the Bend UGB and because the proposed plan amendment and zone change do not propose the development of a destination resort on lands outside of an urban growth boundary. Goal 9. Economic Development. The Hearings Officer concurs with staffs observation that this goal is not directly implicated by this proposal. However, I find the location of the subject property in proximity to an area of industrial and commercial development will support those businesses by creating nearby homesites for customers and employees for the businesses. Goal 10. Housing. The Hearings Officer finds this goal is met because the proposed plan amendment and zone change will allow the subject property to be developed at urban density, thus potentially providing more affordable and smaller home sites. The proposed change will help achieve Goal 10's direction to provide housing at a "price range ... commensurate with the financial capabilities of Bend households." Allowing urban standard density housing at this location will allow for a variety of housing types in the neighborhood. Goal 11. Public Facilities and Services. The Hearings Officer finds this goal is met because all needed public facilities and services are available to serve the subject property, including sewer and water service, police and fire protection. The record indicates Boyd Acres Road has the capacity to handle the additional traffic anticipated to be generated by an RS -density subdivision developed on the subject property. In addition, the developer will be required as a condition of subdivision approval to construct necessary improvements to affected transportation facilities, and systems development charges will be collected from the development to fund needed infrastructure improvements to area parks, roads and sewers. Therefore, I find 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 as it will extend existing urban public facilities to the development. Goal 12, Transportation. The Hearings Officer finds this goal is met based on the findings above, incorporated by reference herein, addressing compliance with the Transportation Planning Rule, OAR 660-12-060. Goal 13, Energy Conservation. The Hearings Officer finds the proposed plan amendment and zone change meet this goal because the subject property is located near and has easy access to a major highway (Highway 97) that is a logical location for a future public transportation system. Further, the proposed plan amendment and zone change will allow development of the subject property with residences at urban densities and located near grocery stores and other commercial establishments used by area residents, thus helping conserve energy sources by reducing the need for and length of motor vehicle trips. Rice Exhibit Page -23-- of Ordinance-=©= PA-97-11/ZC-97-6 Page 23 0164--6084 Goal 14, Urbanization. The Hearings Officer finds this goal is not applicable because the subject property is located within the Bend UGB and because this goal addresses the development, evaluation, and expansion of an urban growth boundary. Goal 15, Willamette River Greenway, Goal 16, Estuarine Resources, Goal 17, Coastal Shorelands, Goal 18, Beaches and Dunes, and Goal 19, Ocean Resources. The Hearings Officer finds these goals are not applicable because the subject property is not located within or near the Willamette River Greenway, or any estuarine areas, coastal shorelands, beaches, dunes, or oceans. V. DECISION: Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer hereby APPROVES the proposed plan amendment and zone change from RL to RS for the subject property. Dated this / o� 4L— day of January, 1998. Mailed this fel ` K day of January, 1998. Karen H. Green, Hearings Officer MIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING UNLESS TIMELY APPEALED. Rice PA -97-1 I/ZC-97-6 Page 24 ,itC—Lk Exhibit Pae z �4 of Ordinance -519--0aG