1998-57934-Ordinance No. 98-050 Recorded 12/10/199898-5'7934
REVIEWED
a ; ;E"/IEWED As TO FORM 1 7 0 — 0411
CODE REVIEW COMM, I l ECA1_ Co')f�Si£�
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF fqtftfl�_ WEGON
An Ordinance Amending the Bend Area MAR Y S UE PC i� I ICI
� L G 4Y`
General Plan Map to Change the Plan C C UN T Y CLERK
Designation for Certain Property, and
Declaring an Emergency.
ORDINANCE NO. 98-050
WHEREAS, Arthur H. Crocker 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 June 24, 1998, after notice given in accordance with law,
before the City of Bend/Deschutes 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. AMENDMENT. 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 City of
Bend/Deschutes County Hearings Officer dated July 17, 1998, relating to the Plan Amendment
Application 98-076, marked Exhibit "C," attached hereto and by this reference incorporated herein.
PAGE 1 OF 2 - ORDINANCE NO. 98-050 (12/9/98)
/✓1iCRORtMED
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DEC 3 0 1998 rr�va ►�
DEC `�
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170 -° 0417
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 4 day of 1998.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
E15�_,�
DI MEN, Commissioner
PAGE 2 OF 2 - ORDINANCE NO. 98-050 (12/9/98)
i 17 0418
"EXHIBIT A"
EXHIBIT A to ORDINANCE 98-050
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EXHIBIT A to ORDINANCE 98-050
"EXHIBIT B" 1 7 0 0419
PROPERTY DESCRIPTION FOR ARTHUR CROCKER
A TRACT OF LAND CONTAINING 7.93 ACRES LYING IN THE SOUTHEAST ONE
QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 15, T.17S., R.12E.,
W.M., DESCHUTES COUNTY OREGON, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
Beginning at the northwest corner of said SE 1/4 of the SW 1/4, said point
marked by a 5/8" iron rod with a plastic cap marked "BK RK LS2267";
Thence N89046'03"E along the north line of said SE 1/4 of th SW 1/4
213.84 feet to a 5/8 iron rod marked "BK RK LS2267";
Thence continueing N89P46'03"E along said line 40.15 feet to the center of
the Central Oregon Irrigation District canal as constructed;
Thence southerly along the centerline of said irrigation canal, as
constructed, the following courses and distances:
S04320'11 TV 401.64 feet;
S03058'39"E 281.03 feet;
S0901119E 237.84 feet;
S1 1009'48"E 102.13 feet;
S01059'59"W 95.21 feet;
S08"26'32"E 39.60 feet;
S1 10 30'49"E 96.15 feet;
S1 9P50'03"W 84.70 feet to the south line of said Section 15;
Thence S89044'1 8"VV along the south line of said section 57.46 feet to a
5/8" iron rod with a plastic cap marked "BRYANT LS920";
Thence continueing S89044'1 8"w along the south line of said section
235.20' to a 5/8" iron rod marking the southwest corner of said SE 1/4 of
the SW 1/4;
Thence N00903'00"W along the west line of the SE 1/4 of the SW 1/4
1324.36 feet to the point of beginning.
Subject to an easement to the Central Oregon Irrigation District for the
operation and maintenance of an irrigation canal.
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RICHARD L EPYANT
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EXHIBIT B to ORDINANCE 98-050
"EXHIBIT C" 7 U 4 20
DECISION OF CITY OF BEND HEARINGS OFFICER
FILE NUMBER: 98-076
APPLICANT/
PROPERTY OWNER: Arthur Crocker
P.O. Box 5923
Bend, Oregon 97708
AGENT: W & H Pacific
155 NE Revere
Bend, OR 97701
REQUEST: The applicant requests approval of a plan amendment and zone
change from Urban Low Density Residential (RL) to Urban
Standard Density Residential (RS) for a 5.7 -acre parcel located east
of 18th Street and north of Yeoman Road within the Bend Urban
Growth Boundary.
STAFF REVIEWER: James J. Lewis, Associate Planner
HEARING DATE: June 24, 1998
RECORD CLOSED: June 24, 1998
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
1. Chapter 19.28, Urban Standard Residential (RS) Zone
* Section 19.28.010, Purpose
2. Chapter 19.116, Amendments, Appeals and Procedures
* Section 19.116.020, Standards for Zone Change
C. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.28, Land Use Action Decisions
* Section 22.28.030, Decisions on Plan Amendments and Zone Changes
Crocker
98-076
1
EXHIBIT C to ORDINANCE 98050
170 - 0421
D. Oregon Administrative Rules, Chapter 660-12-060, Transportation Planning Rule
E. Oregon Statewide Land Use Planning Goals
H. FINDINGS OF FACT:
A. Location: The subject property is located at the northeast corner of the intersection of
18th Street and Yeoman Road in Bend, and is further identified as Tax Lot 300 on
Deschutes Assessor's Map #17-12-15CD.
B. Zoning: The subject property is zoned RL, Urban Low Density Residential, and is
designated Urban Residential -Low Density on the Bend Area General Plan map.
C. Site Description: The subject property is approximately 5.7 acres in size, is relatively
level and is long and narrow in configuration. It is bounded by 18th Street on the west,
Yeoman Road on the south, the Pilot Butte Canal on the east and a vacant parcel zoned
RS on the north. Vegetation on the site consists of native brush and grasses with a
moderate cover of juniper trees. A single-family dwelling is located on the southern
portion of the site. The eastern property boundary is also the Bend Urban Growth
Boundary (UGB).
D. Surrounding Zoning and Land Use: The subject property is bordered by land zoned RS
to the south across Yeoman Road to the north. Land to the west across 18th Street is
zoned both RS and RL. Land to the east lies outside the Bend UGB and is zoned SR 2-1/2
-- Suburban Low -Density Residential. The surrounding areas are developed with a mixture
of large -lot and small -lot residential subdivisions.
E. Procedural History: The subject application was submitted April 8, 1998, and was
accepted by the city as complete on May 7, 1988. The 120 -day period for issuance of a
final local land use decision under ORS 215.428 does not apply to this application because
it includes an application for a plan amendment. The public hearing on the application was
held on June 24, 1998, and the record closed on that date.
F. Proposal: The applicant is requesting approval of a plan amendment and zone change
from RL to RS for the subject property in order to develop it at urban densities as
contemplated for the Bend UGB.1
' The record indicates this application is being handled by the City of Bend pursuant to an
intergovernmental agreement between the city and Deschutes County under which the city has
taken over responsibility for management of land use planning within the Bend UGB pending
annexation into the city. However, this application remains subject to the provisions of Titles 19
and 22 of the Deschutes County Code.
Crocker
98-076 Exhibit
2 Page 2- of 2 -
Ordinance
Ordinance '?,F- OSO
170 _0422
G. Public/Private Agency Comments: The City of Bend Planning Division sent notice of
the subject application to a number of public and private agencies and received responses
from: the City of Bend Fire Department, Engineering Division, Long -Range Planning and
Transportation Planner; and the Deschutes County Planning Division and Road
Department. These comments are set forth verbatim at pages 18-19 of the Staff Report.
H. Public Notice and Comments: The Planning Division sent individual written notice of
the public hearing to the owners of record of all property located within 250 feet of the
subject property. In addition, notice of the public hearing was published in the "Bend
Bulletin" newspaper, and the subject property was posted with a notice of proposed land
use action sign. As of the date the record closed, the city had received one letter in
response to these notices. In addition, one interested person testified at the public hearing.
IIL CONCLUSIONS OF LAW:
A. Bend Area General Plan
Plan Amendments - Procedure (Pages 71-72)
Plan changes shall be consistent with the goals, objectives, policies and statements of
intent of the Plan, or these guidelines shall be first changed or amended to reflect
new policies. An individual requesting a change shall demonstrate that the change is
warranted due to changed conditions, a mistake, or other specific facts that
demonstrate a public need and benefit for the change.
FINDINGS: The applicant is proposing to change the plan designation on the subject property
from RL to RS. The proposal's compliance with the applicable goals, objectives, and statements
of intent of the Bend Area General Plan is discussed elsewhere in this decision.2 The applicant's
demonstration of mistake, changed conditions and public need/benefit is discussed in the findings
below.
1. Changed 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
UGB 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.
2 The Staff Report notes that the city is undertaking a review of the comprehensive plan and that
the draft plan update proposes to rezone to RS all RL -zoned land in the Bend UGB. However,
since this plan revision has not yet been adopted it is not relevant to the applicant's proposal.
Crocker Exhibit _
98-076 Page .3 of 3
3-
�S 0
Ordinance
17U -0423
In the early 1990's, the city determined that it had become feasible and desirable to provide sewer
service to the entire Bend UGB. 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, including
within the 18th Street right-of-way adjacent to the subject property. With the extension of city
sewer service, public roads in the area also have been constructed and improved to accommodate
urban -density levels of traffic. This road construction includes improvements to 18th 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. Highways 97 and 20. In addition,
Cooley Road has been extended and connected to 18th Street. A traffic signal has been 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 UGB as a result of the
extension of city sewer service and the construction of urban standard streets. As discussed
above, there are RS -density subdivisions in the area surrounding the subject property as well as
vacant lands zoned RS.
The Hearings Officer finds extension of city sewer service to the northeast part of the Bend UGB,
improvement of the road system in this area with interconnecting urban -standard streets, and the
rezoning of surrounding properties from RL to RS have begun the process of urbanizing this part
of the urban area. I find 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 UGB.
2. Mistake. The applicant does not argue the original RL plan designation was a mistake. As
discussed above, the Hearings Officer has found the RL designation and zoning of the subject
property were intended to maintain large enough lot sizes to accommodate individual on-site
sewage disposal systems since sewer service was not available to the subject property when the
plan was adopted in 1979. Therefore, I find the existing plan designation was not a mistake.
3. Public Need/Benefit. The applicant has not addressed this factor in the plan amendment
standards. However, the Hearings Officer finds establishment of a public need for and benefit
from the proposed plan amendment and zone change is one of the three alternative justifications
Crocker G
98-076 Exhibit
a Page �_ of
Ordinance SD
the applicant can make. In other words, having established changed co ditions juMilj ing the
proposed plan amendment and zone change, the applicant is not required to establish and public
need and benefit.
General Policies and Recommendations (Page 6)
1. Urban Development shall be encouraged in areas where urban services can
be provided and in a manner which will minimize tag costs related to
necessary urban services such as schools, parks, highways, police, garbage
disposal, fire protection, libraries and other facilities and services.
FINDINGS: The Hearings Officer finds the proposed plan amendment is consistent with this
policy because it will permit urban -density development of property in an area where urban
services can be provided and in a manner which will minimize the tax costs related to public
services.
1. Transportation Facilities. As discussed in the findings above, the subject property is in a part of
the Bend UGB where urban -standard public streets have been constructed and connected. The
site is located at the intersection of 18th Street and Yeoman Road, two designated arterial streets.
In addition, the property has access to Highways 97 and 20 and the future Bend Parkway. As
discussed in detail in the findings below concerning the proposal's compliance with the
Transportation Planning Rule, the Hearings Officer has found 18th Street and Yeoman Avenue
both will have the capacity to handle the minimal amount of traffic anticipated to be generated by
an RS -density subdivision on the subject property.
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 located in the 18th Street right-of-
way. 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 existing 6 -inch pressure sewer line located
in 18th Street. 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
near Lava Ridge Elementary School and is located near school district bus service routes used by
middle school and high school students. The Hearings Officer finds the proposed plan amendment
and zone change will contribute to the orderly provision of school services because it will allow
urban -density residential development near schools and on school bus routes, 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.
Crocker ExhibitC
98-076 Page of 5�
5 Ordinance 9F --06_O
170 _ 0425
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.
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.
3. Future development and local development standards shall recognize and
respect the character of existing areas. Maximum flexibility in development
should be encouraged in undeveloped areas.
FINDINGS: The area surrounding the subject property is developed with a mixture of low- and
standard -density zoning and residential development. Developed subdivision lots located across
18th Street to the west are approximately 1/2 acre in size. However, to the north is a smaller -lot
subdivision developed at RS density. To the south across Yeoman Road are larger subdivision
lots on land zoned RS. The Hearings Office concurs with staffs observation that because of the
extension of urban services and urban -standard streets in this part of the Bend UGB, the area
surrounding the subject property is in a transition between low- and urban -density development
and that eventually vacant lands in the area will be developed at RS densities. I therefore find that
development of the subject property at urban standard density would constitute "urban in -fill"
development in this neighborhood. I find such development can be made compatible with the
surrounding area through the application of subdivision ordinance provisions requiring that such
development respect the character of the area, and with development methods such as larger -
than -minimum lot sizes and perimeter fencing and vegetative screening. For these reasons, I find
the applicant's proposal is consistent with this plan policy.
4. Residential developments should be located so that they are convenient to
places of employment and shopping facilities, and they should be developed
in ways which are consistent with the character of the topography and soils
on the site.
FINDINGS: The subject property is located in the northeast portion of the Bend UGB, and
within two miles of U.S. Highway 97 and its commercial corridor. In addition, the property is
located relatively close to the northeast industrial area which includes both large and small
Crocker (Exhibit
98-076 Page to/ of 6
6 Ordinance 9'9---6 Sd
1700426
commercial and industrial employers. The subject property is relatively level. Although it is long
and narrow the Hearings Officer finds its shape and topography will not present any obstacles to
development at RS density. Moreover, any subdivision of the property will be subject to standards
and conditions designed to assure the property will be developed in a manner that respects its
topography. For these reasons, I find the applicant's 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: 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 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 subject property for urban
standard density development is justified by changed conditions. And as 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 - Urbanization Policies (Page 19)
1. New development should locate in areas where facilities are available or can
be provided at least cost.
FINDINGS: The full range of urban facilities and services now are available to the subject
property, including Avion water, city sewer, police and fire protection, proximity to schools and
access to two urban arterial streets. Development of the subject property at RS density will allow
the property to be developed at the urban densities contemplated for the Bend UGB and at least
cost to the owner and the public at large through economies of scale. Therefore, the Hearings
Officer finds the applicant's proposal is consistent with this plan policy.
2. New development should bear the burden of paying for costs of development.
FINDINGS: The Hearings Officer finds that when the subject property is developed with a
subdivision the developer will be required to provide or pay the cost of providing urban facilities
such as subdivision streets, extensions of public water and sewer lines and extensions of private
utilities. In addition, systems development charges (SDC's) will be assessed against each dwelling
unit for water, sewer, street and park improvements. Therefore, I find the applicant's proposal is
consistent with this plan policy.
Crocker Exhibit
98-076 Page of
7 Ordinance
170 -0427
3. Within the IUGB, vacant lands passed over by development shall be
encouraged to develop prior to other lands within the boundary.
5. Future urban development shall be contained within the geographic limits of
the IUGB.
FINDINGS: The subject property is located within the acknowledged Bend UGB. The full range
of urban services now are available to the subject property so that it may be developed at the
urban densities contemplated for the Bend UGB. The record indicates lands in the surrounding
area already have been rezoned to RS and some have been developed with RS -density
subdivisions. Therefore, the Hearings Officer finds the applicant's proposal is consistent with
these plan policies.
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 Avion water service, which is one of several private water companies providing domestic
water within the Bend UGB. Therefore, the Hearings Officer finds the applicant's proposal is
consistent with this plan policy.
7. The Plan shall encourage the development of vacant lands that have urban
services before the extension of ser: ices beyond presently served areas.
FINDINGS: Community water and city sewer service now are available to the subject property.
Lands lying farther out from the subject property already have been developed. Therefore, the
Hearings Officer finds the applicant's proposal is consistent with this plan policy.
8. No new service districts shall be created within the IUGB to provide sewer,
water, roads, as well as police and fire protection.
FINDINGS: No new service districts are proposed.
Residential Areas - Residential Policies (Page 35)
1. The basic and most important single development criterion 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.
Crocker Exhibit C
98-076 Page 7_ of
8 Ordinance '
170 0428
The intent of the Plan is to indicate housing density rather than type of
building construction permitted within various density areas.
3. All new housing developments shall conform with the designated housing
density, regardless of building type, site, size, or timing as related to other
developments.
FINDINGS: The applicant is proposing to change the plan designation of the subject property
from RL to RS in order to develop the property at the RS density contemplated for the Bend
UGB when urban services become available. The Hearings Officer has found the applicant has
demonstrated changed conditions in the area surrounding the subject property justifying the
proposed plan amendment -- i.e., the extension of urban services including sewer, water and
access to urban arterial streets. Therefore, I find the applicant's proposal is consistent with these
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: The applicant has not submitted a specific development plan for the subject
property. However, the record indicates there are no known natural hazards or topographic
features on the property that would preclude its development at RS density respecting the site's
physical characteristics. Therefore, the Hearings Officer finds the applicant's proposal is
consistent with this plan policy.
6. All residential areas shall be provided with community water and sewer
service.
FINDINGS: The Hearings Officer previously has found that community water service and city
sewer service are available to the subject property through connection to the existing water and
sewer mains located in public rights-of-way adjacent to the subject property. Therefore, I find the
applicant's proposal is consistent with this plan policy.
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 plan
policy because any development of the property will subject to the provisions of the Bend Area
General Plan which applies both within and outside the Bend City Limits. Also, I find the
standards imposed by Title 19 for RS -zoned land are equivalent to those imposed by the City of
Bend Zoning Ordinance.
Crocker Exhibit ---
98-076 Page '? of 9
9 Ordinance -
170 - 0429
B. Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance
1. Chapter 19.116, Amendments, Appeals and Procedures.
a. Section 19.116.010, Amendments.
This ordinance may be amended by changing the boundaries of zones
or by changing any other provisions thereof, whenever the public
necessity and convenience and the general welfare requires such an
amendment... .
b. Section 19.116.020, Standards for Zone Change.
The burden of proof is on the applicant. 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 in 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 UGB
at the densities contemplated in the plan for property served with urban services. I have found
these services are available and adequate to serve the subject property.
B. That the change will not interfere with existing development,
development potential or value of other land in the vicinity of
the proposed action.
FINDINGS: As discussed in the findings above, the subject property is located in a part of the
Bend UGB 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 RS -zoned subdivisions and vacant lands in the surrounding area. The
proposed change to RS would allow the subject property to be developed at a density similar to
other RS -density subdivisions in the northeast part of the Bend UGB. 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
Crocker
98-076
10
Exhibit C
Page of /0_
Ordinance
170 - 0430
discussed in the findings above, all subdivisions in the Bend UGB 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 developed land in
the vicinity of the subject property, 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.
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 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.
With re pect specifically to the adjacent SR2.5-zoned lands located east of the subject property
and developed with large -lot residences, the Hearings Officer finds to a considerable extent the
impacts from RS -density development of the subject property on these lands will be buffered by
the presence of the Pilot Butte Canal and the width of its easement. In addition, I find the impacts
also can be minimized by methods such as larger -than -minimum lot sizes and perimeter fencing
and vegetative screening. Finally, as discussed in detail in the findings below concerning the
proposal's compliance with the Transportation Planning Rule, I find an RS -density subdivision on
the subject property will generate relatively low levels of traffic on 18th Street and Yeoman Road,
both of which will have sufficient capacity to accommodate this additional traffic without creating
congestion and safety hazards for motorists in the area.
Jim and Jill Atwood, owners of SR2.5-zoned property east of the subject property, submitted a
letter into the record from their attorney, and Jill Atwood testified at the public hearing, that there
is a dispute between themselves and the applicant concerning the location of their common
property boundary. They submitted a survey of their property in support of their opinion as to the
location of the common property line. The Atwoods stated they have no objection to the
applicant's proposed plan amendment and zone change, but asked that this decision contain
findings establishing the location of the property line. In response, the applicant confirmed the
property line dispute and stated he would be submitting a survey of the subject property as part of
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a pending application for partition approval for the property. The applicant asked that he not be
required to submit the survey until the partition has been approved.
The Hearings Officer appreciates the parties' desire to establish the location of their common
property line prior to subdivision development of the subject property. However, property line
disputes are private matters I cannot resolve in this land use decision. Nevertheless, I find that as a
condition of plan amendment and zone change approval, the applicant will be required to submit a
survey and legal description of the subject property prior to final approval of the plan amendment
and zone change by the City Council?
For the foregoing reasons, the Hearings Officer finds the applicant's proposal satisfies this
approval criterion.
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 and intent of the RS Zone are 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 and maintain and protect a suitable environment for family living.
The Hearings Officer finds the applicant's proposal is consistent with the purpose and intent of
the RS Zone because it will facilitate development of the subjeci property with single-family
dwellings at urban densities and served by urban services including Avion water, city sewer and
urban -standard streets.
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 City of Bend policy for the provision of
public facilities.
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 any 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
s At the public hearing, the staff reviewer stated he would be willing to delay presentation of the
plan amendment and zone change for final council approval until the partition decision has been
issued in order to save the applicant the expense of providing two surveys of the subject property.
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time the Bend Police Department will provide police protection. Finally, future subdivision
development on the subject property will be conditioned on the developer providing necessary
services to each subdivision lot, and each lot will be assessed SDC's. Therefore, I find the
applicant's proposal satisfies this criterion.
E. That there is proof of a change of circumstance or a mistake in
the original zoning.
FINDINGS: As discussed in the findings above, the Hearings Officer has found the applicant has
demonstrated a change of circumstances justifying the proposed plan amendment and zone change
from RL to RS. I have found the current RL plan designation and zoning were applied to the
subject property because no city sewer service was available to the property in 1979 when the
plan was adopted and large lots were required to provide adequate area for on-site sewage
disposal systems. However, with the extension of city sewer service to the area, the amendments
to the city's and county's ordinances precluding subdivisions in the Bend UGB without
connection to city sewer, and the construction of urban arterial streets adjacent to the subject
property, it now has become possible for the property to be developed at the urban densities
contemplated for the Bend UGB. Therefore, I find the applicant's proposal satisfies this criterion.
C. Oregon Administrative Rules (OAR) 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.
2) A plan or land use regulation amendment significantly affects a
transportation facility if it:
(a) Changes the functional classification of an existing or planned
transportation facility;
(b) Changes standards implementing a functional classification
system;
(c) Allows types or levels of land uses which would result in levels
of travel or access which are inconsistent with the functional
classification of a transportation facility; or
(d) Would reduce the level of service of the facility below the
minimum acceptable level identified in the TSP.
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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., 18th Street and Yeoman Road
and their intersection. That is because development of the property with an RS -density
subdivision will not change the functional classification of either of these streets. Both streets are
and will remain designated urban arterials. 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 had not yet adopted a TSP (Transportation System Plan) for the Bend Urban Area
and therefore no minimum level of service has been identified for either 18th Street or Yeoman
Road. However, the Hearings Officer finds both streets clearly will have the capacity to handle the
minimal additional traffic that would be generated by an RS -density subdivision on the subject
property. The Institute of Transportation Engineers Trip Generation Manual predicts each single-
family dwelling will generate 9.55 average daily vehicle trips (ADT's). Therefore, if the subject
property were developed with 35 single-family dwelling units it would be expected to generate
only approximately 334 ADT's, well below the design capacity of urban arterials.°
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: The Hearings Officer finds the statewide land use planning goals are directly
applicable to the applicants' proposal because it includes a plan amendment. I make the following
findings concerning the proposal's compliance with the applicable goals.
Goal 1, Citizen Involvement. The Hearings Officer finds the proposal meets this goal because
the county's land use procedures ordinance requires public notice of proposed zone changes and
plan amendments, and such notice was provided. In addition, at least one public hearing will be
held regarding the proposed plan amendment. This decision and the Staff Report provide further
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 the proposal meets this goal because at
least one public hearing will be held prior to adoption of the proposed plan amendment. In
addition, the city will review and make a decision on the requested plan amendment under its
acknowledged comprehensive plan amendment process and criteria provided in the Bend Area
General Plan.
At the maximum density allowed in the RS Zone -- i.e., 6,000 square feet per dwelling unit -- the
5.7 -acre subject property could be developed with 41 dwelling units. However, the Hearings
Officer concurs with staffs conclusion that considering the land required for road dedication and
improvements (as much as 20% of the total land area) it is likely only approximately 35 dwelling
units could be constructed on the subject property.
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Goal 3, Agricultural Lands and Goal 4, Forest Lands. The Hearings Officer finds these goals
are not applicable because the subject property is located within an urban growth boundary and
not on lands designated as agricultural or forest 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 subject property does not contain any
identified Goal 5 resources.
Goal 6, Air, Water and Land Resources Quality. The Hearings Officer finds the applicant's
proposal meets this goal because the proposed plan amendment will allow urban -density
development on the subject property to be served by city sewer and water service and urban -
standard streets. It also will allow urban -density development close to major highways and
commercial corridors and services. Thus, development on the subject property will not degrade
air or water quality and will assure air quality by reducing resident use of the automobile and
average trip length. The development of the subject property at urban densities will help preserve
land resources by providing home sites within the urban growth boundary and not on rural
resource land.
Goal 7, Areas Subject to Natural Disasters and Hazards. The Hearings Officer finds this goal
is not applicable because the subject property is not within an area subject to natural disasters or
hazards. The Bend Area General Plan and Zoning Maps show the subject property is not in a
flood plain or natural hazards area subject to slides or unstable geologic activity.
Goal 8, Recreational Needs. The Hearings Officer finds this goal is not applicable because it
addresses the development of destination resorts on lands outside of an urban growth boundary.
Goal 9, Economic Development. The Hearings Officer finds this goal is only marginally
applicable to the applicants' proposal since no particular development has been proposed for the
subject property. However, I find development of the subject property at urban densities in close
proximity to large areas of commercial development on Highway 97 will enhance economic
development by housing both customers and employees of such businesses.
Goal 10, Housing. The Hearings Officer finds this goal is met because the applicant's proposal
will allow development of the subject property with higher -density residential development, thus
providing more affordable and smaller home sites. The proposed change will help achieve Goal
10's direction to provide a variety of housing types at a "price range ... commensurate with the
financial capabilities" of Bend households.
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 Avion
water, City of Bend sewer service and urban -standard streets. I find the applicant's proposal will
result in the timely, orderly and efficient provision of transportation facilities in this area because
traffic generated by RS -density development on the subject property will not exceed the capacity
of affected transportation facilities.
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Goal 12, Transportation. The Hearings Officer finds that based on the above findings
concerning the proposal's compliance with the Transportation Rule (OAR 660-12-060),
incorporated by reference herein, this goal is met.
Goal 13, Energy Conservation. The Hearings Officer finds this goal is met because the subject
property is located adjacent to two urban arterial streets which provide direct connections to the
rest of the city's transportation system. In addition, I find development of the subject property at
urban densities will allow more housing near grocery stores and other commercial establishments,
thus conserving energy. sources by reducing the need for and length of motor vehicle trips.
Goal 14, Urbanization. The Hearings Officer finds this goal is not applicable because the subject
property is within the Bend UGB.
Goal 15, . Willamette River Greenway. The Hearings Officer finds this goal is not applicable
because the subject property is not located within the 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 in or near estuarine areas, coastal shorelands, beaches,
dunes, or oceans.
E. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.28, Land Use Action Decisions
a. Section 22.28.030, Decisions on Plan Amendments and Zone Changes
A. Except as set forth herein, the Hearings Officer or the Planning
Commission when acting as the Hearings Body shall have
authority to make decisions on all quasi-judicial zone changes
and plan amendments. Prior to becoming effective, all quasi-
judicial plan amendments and zone changes shall be adopted
by the Board of County Commissioners.
B. In considering all quasi-judicial zone changes and those quasi-
judicial plan amendments on which the Hearings Officer has
authority to make a decision, the Board of County
Commissioners shall, in the absence of an appeal or review
initiated by the board, adopt the Hearings Officer's decision.
No arguments or further testimony will be taken by the board.
FINDINGS: As noted above, the City of Bend through an intergovernmental agreement with
Deschutes County has undertaken the administration of land use planning in the Bend UGB.
However, that agreement provides such land use matters remain subject to the applicable county
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ordinances -- i.e., Titles 19 and 22. Unlike the provisions of Section 10-16.9(8) of the city's land
use procedures ordinance, the above -quoted provisions of Title 22 provide that the Hearings
Officer's decision approving a plan amendment and zone change is final unless appealed.
Therefore, in the absence of an appeal, the Bend City Council's role under Section 22.28.030 is to
adopt this decision through an ordinance.
IV. DECISION:
Based on the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer hereby
APPROVES the applicant's proposed plan amendment and zone change, SUBJECT TO THE
FOLLOWING CONDITION:
1. Prior to final approval of the plan amendment and zone change by the Bend City Council,
the applicant shall submit to the Planning Division a legal description and survey for the
subject property prepared by a licensed professional surveyor.
Dated this f % 64 day of July, 1998.
Mailed this 20th day of July, 1998.
Karen H. Green, City of Bend Hearings Officer
THIS DECISION BECOMES FINAL TEN DAYS AFTER MAILING UNLESS TIMELY
APPEALED.
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