1999-704-Ordinance No. 99-003 Recorded 5/6/1999VOL: CJ1999
PAGE: 704
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*CJ1999-704 * Vol -Page Printed: 05/12/1999 10:47:39
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
May. 6,1999; 10:40 a.m.
Ordinance (CJ)
NUMBER OF PAGES: 19
(V � � a , 0,,,/, �
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
1--PEVIEWED
Q W c,J
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Bend Area * 99 I A i —6 A,1110: 40
General Plan to Change the Plan Designation
For Certain Property. * CCU` i f CLIL
ORDINANCE NO. 99-003
WHEREAS, Kim D. Ward submitted a request for a quasi-judicial amendment to the
Bend Urban Area General Plan Map to change the plan designation for certain property from
Residential -20,000 Square Foot Minimum to Commercial Convenience; and
WHEREAS, a hearing was held on November 5, 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
that determination 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 hereby 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
Foot Minimum to Commercial Convenience.
Section 2. FINDINGS. The Board adopts as its findings and decision the Decision of the
City of Bend Hearings Officer dated December 4, 1998, regarding Zone Change Application 98-
171, attached hereto as Exhibit "C" and by this reference incorporated herein.
DATED this c28 day of April, 1999.
EST:
Recording Secretary
PAGE I OF 1 - ORDINANCE NO. 99-003 (04/14/99)
BOARD OF COUNTY COMMISSIONERS OF
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EXHIBIT'b"
A parcel of land containing 3.48 acres, more or less, located in a portion of the
Northeast One -Quarter of the Southeast One -Quarter of the Northwest One -Quarter
(NEI/4 SE1/4 NW1/4) and a portion of the Southwest One -Quarter of the Northeast
One -Quarter (SW1/4 NE1/4) of Section 16, Township 18 South, Range 12 East,
Willamette Meridian, City of Bend, Deschutes County, Oregon, being more particularly
described as follows:
Beginning at a 5/8" iron rod marking the Center East Northwest One -
Sixty -fourth comer (CE- NW1/64th) of said Section 16; thence along the
north line of said NE1/4 SE1/4 NW1/4 North 89047'13" East, 650.70 feet
to the Center North One -Sixteenth comer (CN 1/16th) of said Section 16;
thence leaving said north line and along the north line of said SW1/4
NE1/4 South 89057'08" East, 3.18 feet to a point on the westerly 30.00
foot right-of-way line of Brosterhous Road (originally named Sipchen
Road) ; thence leaving said north line and along said right-of-way line
the following one curve and one course:
14.10 feet along the arc of a 2163.66 foot radius non -tangent curve to
the left, the long chord of which bears South 07058'44" East, 14.10 feet;
South 08009'40" East, 326.26 feet;
thence leaving said right-of-way line South 89049'27" West, 161.47 feet;
thence North 00002'27" East, 141.97 feet; thence South 89046'10" West,
542.70 feet, thence North 00033'44" East, 195.22 feet to the point of
beginning, the terminus of this description.
SUBJECT TO: All easements, restrictions, and rights -of -ways of record and those
common and apparent on the land.
";zne 1 of 1 Exhibit "B" to ordinance No. 99-003
FINDINGS AND RECOMMENDATION OF
CITY OF BEND HEARINGS OFFICER
FILE NUMBER:
APPLICANT/
PROPERTY OWNER:
ATTORNEY:
98-171
Kim D. Ward
60801 Brosterhous Road
Bend, Oregon 97702
Robert S. Lovlien
Bryant, Lovlien & Jarvis
P.O. Box 1151
Bend, Oregon 97709
REQUEST: The applicant is requesting approval of a plan amendment
and zone change on a 3.5 -acre parcel located at the
southwest comer of the intersection of Brosterhous Road
and Murphy Road in the Bend Urban Area. The request is
to rezone the property from RS, Urban Standard Density
Residential, to CC, Convenience Commercial, and to
change the plan designation from RL, Urban Low Density
Residential, to CC.
STAFF REVIEWER: Wendy Robinson, Associate Planner
HEARING DATE: November 5, 1998
RECORD CLOSED: November 5, 1998
L APPLICABLE STANDARDS AND CRITERIA:
A. Ordinance No. NS -1178, the City of Bend Zoning Ordinance
* Section 10-10.14, Convenience Commercial Zone (CC)
* Section 10-10.33, Amendments
B. The Bend Area General Plan
C. Oregon Administrative Rules, Chapter 660-12, Transportation
D. Oregon Statewide Land Use Planning Goals
Ward
98-171
t Exhibit C
Page of A0_
Ordinance !?9 --003
II. FINDINGS OF FACT:
A. Location: The subject property is located at the southwest corner of the
intersection of Brosterhous Road and Murphy Road and is further identified as Tax
Lots 600 and 800 on Deschutes County Assessor's Map #18-12-16B.
B. Zoning and Plan Designation: The subject property is zoned RS and is
designated RL.
C. Site Description: The subject property consists of two tax lots, is 3.5 acres in
size, is roughly L-shaped and borders Brosterhous Road on the east and Murphy
Road on the north. The property has 338 feet of frontage on Brosterhous Road
and approximately 650 feet of frontage on Murphy Road. Tax Lot 800 is
developed with a single-family dwelling and has frontage on Brosterhous Road.
Tax Lot 600 has a mobile home pad and storage building and has frontage on both
Brosterhous and Murphy Roads. The remainder of Tax Lot 600 is undeveloped
and covered with native brush, grass and mature trees.
D. Surrounding Zoning and Land Uses: To the south of the subject property is the
Crown Villa R.V. Park. To the east across Brosterhous Road is The Pines
Manufactured Home Park. To the west are the facilities of the Juniper Utility
Company. To the north across Murphy Road are Jewell Elementary School,
several single-family residences and a large vacant parcel. All lands surrounding
the subject property are zoned RS. The vacant parcel to the northeast of the
subject property is designated CC. The adjacent intersection of Brosterhous Road
and Murphy Road is a "T" intersection as Murphy Road is not improved east of
Brosterhous. There is a stop sign on Murphy at Brosterhous.
E. Procedural History: The subject application was submitted on June 26, 1998, and
was accepted by the city as complete by letter dated July 23, 1998. The original
application involved only Tax Lot 600. By letter dated August 20, 1998, the
applicant requested that the application be held in abeyance while the applicant
negotiated to purchase Tax Lot 800. On October 2, 1998, the applicant submitted
a revised application including both Tax Lots 600 and 800. The revised application
was accepted by the city as complete by letter dated October 7, 1998. A public
hearing on the revised application was held on November 5, 1998. At the public
hearing, the Hearings Officer received testimony and evidence, the applicant
waived final argument pursuant to ORS 197.763, and the record closed.
F. Proposal: The applicant is requesting approval of a zone change from RS to CC
and a plan amendment from RL to CC in order to develop the subject property
with convenience commercial uses to serve the surrounding neighborhood,
potentially including a convenience store, gas station, barber/beauty parlor, dry
cleaner/laundry and bakery.
Ward G
98-171 Exhibit
2 Page c_ of
Ordinance
G. Public/Private Agency Comments: The City of Bend Planning Department sent
notice of both the original and revised plan amendment and zone change
applications to several city departments and received responses from the
Engineering Division, Development Services Department and Long -Range
Planning. These comments are included in the record.
H. Public Notice and Comments: The Planning Department mailed 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 land use action sign. As of the date the record closed the
city had received no letters from members of the public in response to these
notices. In addition, no members of the public testified at the public hearing.
HL CONCLUSIONS OF LAW:
A. Bend Area General Plan
Plan Amendments, Procedure (Page 69).
Plan changes shall be consistent with the goals, objectives, policies and
statements of intent of the Plan, or these guidelines shall be Cult 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 proposal's compliance with the goals, objectives, policies and
statements of intent of the plan is discussed in the findings below. Discussion of the
proposal's compliance with the remaining criteria in this plan policy follows.
1. Mistake. The Hearings Officer finds the subject property's current RL plan designation
and RS zoning were not a mistake. I find this plan designation reflects the fact that when
the Bend Area General Plan was adopted in 1979 the city could not serve the subject
property with city sewer. Therefore, the low-density residential designation was adopted
in order to provide sufficient area for the siting of on-site septic systems. However, the
property's RS zoning indicates the city contemplated the property eventually would be
served by sewer and therefore could be developed at urban density.
2. Chang,,ed Conditions. As discussed above, the large vacant parcel northeast of the
subject property across Murphy and Brosterhous Roads is designated CC. At the public
hearing, the applicant's attorney, Robert Lovlien, stated the Bend -La Pine School District
has a contract to purchase this property as the site for a new high school. The school
would be constructed within the next three years on the southern 30 acres of this parcel,
Ward
98-171 Exhibit C
3 Page of
Ordinance qq —
adjacent to the Brosterhous/Murphy Road intersection. The applicant argues this
circumstance justifies his proposed plan amendment from RL to CC since establishment of
a high school will preclude convenience commercial development on the high school site.
The Staff Report states the CC designation on the high school site was not necessarily
intended to fix the location of future convenience commercial development, but rather to
signify that the city contemplated convenience commercial development at the
Brosterhous/Murphy Road intersection.
The Hearings Officer concurs with the applicant and staff. Construction of the new high
school will preclude convenience commercial development on that parcel. The applicant's
proposal will fix the location of the CC designation and will allow the commercial
development contemplated by the plan for the Brosterhous/Murphy Road intersection.'
3. Public Need and Benefit. The record indicates the area surrounding the subject property
currently is developed with residential development consisting of The Pines Manufactured
Home Park, the Crown Villa RV Park and several single-family dwelling subdivisions. The
applicant testified at the public hearing that currently there are 450 families living within
walking distance of the subject property. In addition, Jewell School is located across
Murphy Road to the northwest. Development of the new high school and future
development of vacant residential -zoned lands in the surrounding area will have the effect
of significantly increasing the population in this part of Bend. The record also indicates the
closest existing commercial zoning is located at least a mile to the west on Highway 97
and at least a mile to the northwest at the intersection of 15th Street and Reed Market
Road. Therefore, I find the applicant's proposal will satisfy -a public need and confer a
public benefit by providing convenience commercial uses within easy walking distance of
residents of this part of Bend.
For the foregoing reasons, the Hearings Officer finds the applicant has met his burden of
demonstrating changed conditions and public need/benefit justifying the proposed plan
amendment from RL to CC.
2. Plan Goals and Policies (Pages 4-5).
FINDINGS: The Hearings Officer finds the following plan goals and policies are
applicable to proposed plan amendment:
' The Hearings Officer is aware that the high school might not be built on the parcel
currently designated CC. However, I find it very unlikely the high school site could be
developed with convenience commercial uses once the applicant's plan amendment and
zone change proposals are approved since it would require a zone change from RS to CC
that would be difficult, if not impossible, to justify once the subject property is zoned CC.
Ward
98-171
Exhibit _ C
Page of
Ordinance qq "
2. To provide a sound basis for urbanization by establishing
proper relationships between residential, commercial,
industrial and open land uses.
FINDINGS: The area surrounding the subject property currently is characterized by high-
density residential development and vacant RS -zoned land. In addition, Jewell School is
located just northwest of the subject property and a new high school is planned for
property to the northeast. The proposed plan amendment will allow the subject property
to be developed with convenience commercial uses within easy walking distance of both
schools and surrounding residences. At the public hearing Mr. Lovlien stated that when
the new high school is constructed the school district likely will be required to extend city
sewer facilities down Brosterhous Road to Murphy Road, facilitating city sewer
connection to the subject property. He also stated the adjacent Juniper Utility Company
also could provide water and sewer service to the subject property. The company has a
water connection agreement with the city. With urban sewer and water service the subject
property can be developed at urban density. In addition, the property is located at the
intersection of two designated urban collector streets providing access. At the public
hearing the applicant testified he believes the school district would improve Murphy Road
for approximately 700 feet east of its intersection with Brosterhous in order to provide
access for the high school.
For the foregoing reasons, the Hearings Officer finds the proposed plan amendment is
consistent with this plan policy.
6. To provide a safe and coordinated transportation and
circulation system to bring about the best relationships
between placcz where people live, work, shop and play.
FINDINGS: The Hearings Officer finds the applicant's proposed plan amendment, in and
of itself; will not generate traffic impacts affecting the safety or adequacy of the
transportation system. Nevertheless, to be consistent with this plan policy I find the
applicant must demonstrate his proposal will not allow development that will exceed the
capacity of affected streets or create unsafe traffic conditions.
The applicant has not submitted a development proposal with his plan amendment
application. Therefore, it is not clear what types of convenience commercial uses would be
developed on the subject property and consequently it is impossible to predict with
certainty what will be the traffic impacts from commercial development of the subject
property. The record includes traffic generation predictions from the Institute of
Transportation Engineers Trip Generation Manual - 5th Edition (ITE Manual). This
information predicts convenience markets with gas stations will generate 73.05 average
daily vehicle trips (ADT's) per 1,000 square feet of leasable space. Thus, a 10,000 -square -
foot market/gas station alone could generate 730 ADT's. Adding a laundromat/dry
cleaner, barber/beauty salon and bakery could increase the ADT's above 1,000. The ITE
Ward
98-171
Exhibit L'
Page _ ,5_ of 160
Ordinance _ 9q-OD3
Manual also predicts high schools will generate 1.38 ADT's per student. The applicant
submitted evidence that the proposed new high school eventually would accommodate
1,500 students, thus potentially generating 2,070 ADT's.
The record includes Table 22 from the city's street standards showing the design standards
and capacity of urban streets. This table shows urban collector streets are anticipated to
handle from 1,500 to 9,000 ADT's depending upon the level of street improvements --
i.e., those developed at full urban standards can handle up to 9,000 ADT's while those
improved only to local street standards or less could handle only up to 1,500 ADT's. The
record shows current traffic counts for Brosterhous north of the Murphy Road
intersection are 4,000 vehicles per day and for Murphy Road near Brosterhous are 3,500
vehicles per day. At the public hearing, staff stated Brosterhous Road currently is
improved with a pavement width of 30 feet and a six-foot wide bicycle path but no curbs
or sidewalks. Murphy Road is improved with 36 feet of pavement but no curbs or
sidewalks. The Hearings Officer is aware that the city's and county's standards for urban
collector streets require 36 to 52 feet of pavement with bicycle paths, curbs and sidewalks
on both sides.
Staff and the applicant argue the appropriate time to determine traffic impacts and any
necessary mitigation measures is when a development proposal is submitted for the subject
property and traffic generation accurately can be predicted. At the public hearing, staff
stated the city would require with the first development application an overall site plan and
traffic impact study for the entire subject property. The Hearings Officer understands the
logic of this approach. On the other hand, I am aware the city has required traffic impact
studies as part of applications for commercial plan amendments/zone changes. I previously
have denied commercial plan amendment/zone change apphcations where the required
traffic study predicted commercial development would generate traffic exceeding the
capacity of affected streets. And this record strongly suggest that when the subject
property is developed with commercial uses and the high school is completed traffic may
well exceed the capacity of Brosterhous Road, Murphy Road and their intersection.
However, the Hearings Officer finds the circumstances presented here do not require a
traffic impact study for me to determine compliance with this plan policy. That is because
the subject property's relatively small size will limit future commercial development and
traffic generation. In addition, I find the property's location at the intersection of two
designated urban collector streets that eventually will be improved to full urban standards,
its double street frontage and its significant frontage on Murphy Road will make it
possible for the subject property to be developed in a way that will not cause excessive or
unsafe traffic impacts at the Brosterhous/Murphy Road intersection. Therefore, I find the
applicant has demonstrated his proposal can be consistent with this plan policy.
Ward
98-171 Exhibit C
G Page —(a of _[JQ__
Ordinance
3. General Policies and Recommendations (Pages 6-8)
1. Urban development shall be encouraged in areas where urban
services can be provided and in a manner which will minimize
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 record indicates the subject property could be served with water and
sewer service from Juniper Utility Company, and city sewer service is likely to become
available in the vicinity. of the subject property when the proposed new high school is
developed and sewer is extended to the school site. Therefore, the Hearings Officer finds
the proposed plan amendment is consistent with this policy. In addition, the property is
located at the intersection of two designated urban collector streets which will provide
adequate access.
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 currently is developed with high-
density residential development and/or is zoned for residential development. The property
northeast of the subject property identified as the future site of a new high school is
designated CC, reflecting the city's intention that convenience commercial uses be
developed at the Brosterhous/Murphy Road intersection. The Hearings Officer previously
has found the applicant's proposal will assure the convenience commercial development
contemplated by the plan will take place. Therefore, I find the proposal satisfies this plan
policy.
6. Commercial facilities should be allocated in a reasonable
amount and in a planned relationship to the people they will
serve. Efforts shall be made to separate commercial and
noncommercial uses through the use of walls, fences, or
landscaping, and open space.
FINDINGS: The Hearings Officer finds the proposed plan amendment is consistent with
this plan policy because, as discussed above, the CC designation on the proposed high
school site across Brosterhous Road from the subject property clearly demonstrates the
city's intent that convenience commercial uses be developed at the Brosterhous/Murphy
Road intersection to serve residents of the surrounding neighborhood. The closest existing
commercial zoning is located at least one mile away on Highway 97 and at the intersection
of 15th Street and Reed Market Road. Development of the subject property with
convenience commercial uses will allow residents of the area as well as students to walk to
Ward C
98-171 Exhibit
7 Page —_ of
Ordinance I?'? -
003
a store and to buy gasoline without having to make longer trips to the highway. I find the
required separation of commercial uses on the subject property from adjacent residential
uses can be accomplished through conditional use and/or site plan requirements for
specific development proposals.
4. Commercial Areas (Pages 41-42, 44)
The following goals establish a framework for the commercial section
of the General Plan:
2. New commercial areas in outlying sections shall be developed
as centers rather than as strips along major roads.
FINDINGS: The Hearings Officer finds it is not clear to what extent this goal applies to
the subject plan amendment application inasmuch as there already exists CC designation at
the Brosterhous/Murphy Road intersection and the applicant is essentially proposing to
move the designation across Brosterhous to the subject property. In other words, the
application may not constitute one for a "new" commercial area. Nevertheless, I find
convenience commercial development of the subject property can be consistent with this
goal with measures taken through conditional use permit and/or site plan approval to
assure the property is not developed as a "strip" as described in the findings below.
Convenience 'Commercial areas are intended to provide for the
frequent shopping or service needs of nearby residential areas. They
will consist principally of a wide range of small retail and service uses,
the la best of which would be a grocery store. Uses such as a grocery
store, drug stoi:, small bakery shop, specialty shops, and offices would
by typical of these areas. These areas are located on the Plan along
Greenwood on the east side, and on Galveston, 14th, and Newport on
the west side.
As time passes, there may be a need for convenience areas not shown
on the Plan. If this happens, new convenience commercial areas
should occur as centers, rather than as commercial strips, along major
streets or highways. Convenience centers should be located on major
or collector streets, preferably at or near an intersection with another
similar street, and have a site size of from 2 1/2 to 4 acres. In order
that convenience centers remain oriented toward serving nearby
residential areas and do not expand to serve much larger parts of the
community, commercial floor area would be limited to 35,000 to
55,000 square feet. They should be spaced from 1 to 1 1/2 miles apart,
and new locations should be based on realistic economic projections
which demonstrate a need for the facilities.
Ward 0-
98-171 Exhibit
s Page _$__ of 1_
Ororance q4 -00,3
FINDINGS: The Hearings Officer finds the proposed plan amendment is consistent with
this policy because the subject property is located at the intersection of two designated
collector streets, is 3.5 acres in size, is at least a mile from the nearest commercial zoning
and is at an appropriate location to serve neighborhood residents. As discussed above, I
have found the CC designation of the proposed high school site across Brosterhous Road
from the subject property clearly demonstrates the city's intention that this intersection
have convenience commercial development.
5. Commercial Areas - Statements of Intent of the Plan (Pages 47-50)
2. No new strip commercial shall be permitted along major or
secondary streets.
3. It is the intent of the Plan to avoid problems associated with
strip development, i.e., congestion caused by turning
movements, too much access to the arterial street or highway.
4. It is the intent of the Plan to allow commercial development
adjacent to arterials and highways, provided that the
developments access onto frontage roads or interior roads, and
that access onto the highways or arterial will be limited. Points
of access will be encouraged that provide for adequate and safe
entrances and exits that favor right turns and merging over the
use of signalization.
FINDINGS: The Hearings Officer previously has interpreted "strip commerciai"
development as commercial development characterized by shallow lot depth with each use
taking access directly off the adjacent street. Subsequently, the Bend City Council further
interpreted "strip commercial" to signify An new commercial development that is adjacent
to existing commercial development on major arterials (Farstridge, File # 95-289).
The Hearings Officer finds the applicant's proposed CC plan amendment will not create
"new strip commercial" because it is not "along major highways" -- i.e., major and minor
arterial streets. It does not constitute an extension of existing commercial development.
And I find that the size of the subject property, its double street frontage and the
significant frontage on Murphy Road will allow the creation of access that will not cause
the sort of traffic congestion created by typical "strip commercial" development and
discouraged by these plan policies.
For the foregoing reasons, the Hearings Officer finds the applicant's proposed plan
amendment is consistent with the applicable goals, objectives, policies and statements of
intent of the Bend Area General Plan.
Ward
98-171 'Exhiblt C
9 Page of _
o3
7r; finance _9R
B. Ordinance No. NS -1178, the City of Bend Zoning Ordinance 2
1. Section 10-10.33, 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. Such a change may be proposed by the City Commission
[Council] on its own motion or by motion of the Planning
Commission, or by petition as hereafter set forth.
(2) Standards for Zone Change. The burden of proof is upon the
one seeking change. The degree of that burden increases
proportionately with the degree of impact of the change which
is sought. The applicant shall in all cases establish:
(a) That the change conforms with the Comprehensive
Plan. Specifically, the change is consistent with the
plan's intent to promote an orderly pattern and
sequence of growth.
FINDINGS: The proposal's compliance with the comprehensive plan is discussed in detail
in the findings above and incorporated by reference herein. The Hearings Officer has
found the applicant's proposal is consistent with applicable plan goals, policies and
statements of intent.
(b) That the change will not interfere with existing
development on, development potential, or value of
other land in the vicinity of the proposed action.
FINDINGS: As discussed above, the area surrounding the subject property is
characterized by existing high-density residential development, a school, a utility facility
and vacant land zoned RS. The high school site across Brosterhous Road from the subject
property is designated CC, indicating the city's intent that convenience commercial
development occur at the Brosterhous/Murphy Road intersection. The Hearings Officer
z The subject property lies within the Bend UGB but outside the city limits. Effective July
1, 1999, the subject property will be annexed into the city. However, pursuant to an
intergovernmental agreement between Deschutes County and City of Bend, the city has
authority over land use applications within the entire Bend UGB. In addition, by
Ordinance No. 98-040, the county adopted the city's zoning ordinance as Title 19A of the
Deschutes County Code, therefore making the city's zoning ordinance applicable to all
land within the Bend UGB.
Ward
98-171 Exhibit C
10 Page 10 of
Ordinance q9 - 00--3
finds development of the subject property with convenience commercial uses will provide
area residents with easy access to these services and likely will eliminate a number of
vehicle trips. I concur with the applicant that the presence of a convenience commercial
center at this intersection likely will enhance the desirability and value of surrounding
residential -zoned lands as long at the commercial development does not create unsafe
traffic conditions at the intersection.
As discussed above, the applicant proposes essentially to move the CC designation from
the high school site across Brosterhous Road to the subject property since establishment
of the high school will preclude commercial development on that parcel. However, as
noted above, if the applicant's proposal is approved and the high school does not develop
on the CC -designated parcel, it is very unlikely the high school site could obtain a zone
change to CC. Therefore, the applicant's proposal could "interfere" with the development
potential of the high school site for convenience commercial uses as contemplated by its
plan designation. However, the Hearings Officer finds it significant that neither the school
district nor the owner of the proposed high school site have objected to the applicant's
proposal, signifying their confidence that the high school will be constructed on that
parcel.
The Hearings Officer finds development of the subject property with convenience
commercial uses will have both visual and traffic impacts on surrounding properties. I find
visual impacts and their mitigation will be addressed through site plan review. With
respect to traffic impacts, as discussed above I concur with staff and the applicant that
traffic impacts can be addressed at the time a development proposal is submitted. I also
have found that the size, configuration and street frontage of the subject property will
make it possible to develop the property with access that will not cause unsafe traffic
impacts.
For the foregoing reasons, the Hearings Officer finds the applicant has demonstrated its
proposed zone change will not interfere with existing or potential development on or the
value of other property in the vicinity.
(c) That the change in classification for the subject
property is consistent with the purpose and intent of the
proposed zone classification.
FINDINGS: Section 19.48.010 states the purpose of the CC Zone as follows:
The zone is intended to provide locations for a relatively wide range of small
businesses and services which fit into the residential development pattern as
a convenience to residents in that part of the City and to recognize existing
uses of this type within the City. New centers of this type are intended to be
limited in size to not more than four acres of contiguous land and to be
located and developed in a manner consistent with the General Plan.
Ward
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The Hearings Officer finds the proposed zone change is consistent with the purpose of the
CC Zone because it will allow development of the subject property with convenience
commercial uses meeting the needs of residents in the neighborhoods surrounding the
Brosterhous/Murphy Road intersection. As discussed above, I have found that through
conditional use and/or site plan approval criteria commercial development of the subject
property can be made compatible with surrounding residential development. The subject
property consists of 3.5 acres of contiguous land. For these reasons, I find the applicant's
proposal satisfies this approval criterion.
(d) That the change will result in the orderly and efficient
extension or provision of public services. Also, that the
change is consistent with the City of Bend policy for
provision of public facilities.
FINDINGS:
1. Water. The record indicates city water service is available to the subject property from
Juniper Utility Company. In addition, the applicant testified at the public hearing that a city
water main is located in Brosterhous Road and the subject property has two city water
connections.
2. Sewer. The record indicates sewer service also is available to the subject property from
the Juniper Utility Company, and that city sewer service will be available to the property
when sewer facilities are extended to the proposed new high school.
With conr.:�tion to these existing facilities, the Hearings Officer finds the applicant's
proposal will be conbistent with the city's master plans for providing water and sewer
service to lands within the Bend UGB.
3. Transportation Facilities. The Hearings Officer finds the proposed plan amendment and
zone change, in and of themselves, will not create impacts on affected transportation
facilities. However, as discussed in detail in the findings above, I have found convenience
commercial development of the subject property has the potential to generate significant
amounts of traffic. This traffic combined with traffic anticipated to be generated by the
new high school and residential development of surrounding vacant lands will require
significant improvements to Brosterhous and Murphy Roads, which are not yet improved
to full urban collector street standards, and to their intersection which currently is
controlled only with a stop sign on Murphy Road.
Nevertheless, the Hearings Officer has found traffic anticipated to be generated by
convenience commercial development on the subject property is not likely, in and of itself,
to exceed the capacity of these facilities when improved to urban standards. I also have
found that given the property's small size, configuration, double street frontage and
significant frontage on Murphy Road, access to the property can be created that will not
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cause traffic hazards. The record indicates that when a development proposal for the
subject property is submitted, it must include an overall development plan and traffic
impact study for the entire property to assure it can be developed consistent with the plan
and zoning ordinance. For these reasons, I find the applicant's proposal satisfies this
approval criterion.
(e) That there is proof of a change of circumstance or a
mistake in the original zoning.
FINDINGS: For the reasons set forth in the findings above and incorporated by reference
herein, the Hearings Officer finds there was no mistake in the original RS zoning of the
subject property, but that there are changed circumstances justifying the proposed zone
change, consisting of the Bend -La Pine School District's intention to develop a new high
school on the CC -designated parcel across Brosterhous Road from the subject property,
effectively precluding its development with convenience commercial uses. For these
reasons, I find the applicant has met his burden of proving the proposed zone change
satisfies this approval criterion.
C. Oregon Administrative Rules
1. OAR Chapter 660=12, Transportation Planning Rule
a. 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
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Ordinance q? -16113
(d) Would reduce the level of service of the facility
below the minimum acceptable level identified in
the TSP [Transportation System Plan].
FINDINGS: The Hearings Officer finds this administrative rule applies because the
applicant is proposing a plan amendment and zone change. I find the proposed plan
amendment and zone change will not change the functional classification of or standards
applicable to any affected transportation facility. As discussed in detail in the findings
above and incorporated by reference herein, I have found convenience commercial
development on the subject property has the potential to generate significant amounts of
traffic. However, I also have found that given the property's relatively small size, its
configuration with frontage on two urban collector streets and its significant frontage on
Murphy Road, the property can be developed with access that will not cause traffic
hazards. Finally, I have found the traffic anticipated to be generated by convenience
commercial development on the subject property is not likely to exceed the capacity of
Brosterhous and Murphy Roads and their intersection once they are improved to full
urban standards. Therefore, I find the applicant's proposal is consistent with the
Transportation Planning Rule.
2. OAR Chapter 660, Statewide Land Use Planning Goals
FINDINGS: The Hearings Officer makes the following findings concerning the proposal's
consistency with the applicable statewide land use planning goals:
Goal 1, Citizen Involvement. The Hearings Officer finds this goal is met because the city
provided notice of proposed plan amendment and zone change to the public through
individual notice to affected property owners, posting of the subject property with a notice
of proposed land use action sign, and notice of the public hearing in the "Bend Bulletin"
newspaper. In addition, at least two public hearings will be held on the proposed plan
amendment, -before the Hearings Officer and the Bend City Council. The Hearings
Officer's decision and the Staff Report have provided the public with information
concerning the proposed plan amendment.
Goal 2, Land Use Planning. The Hearings Officer finds this goal is met because at least
two public hearings will be held on the proposed plan amendment and zone change -- one
before the Hearings Officer and one before the Bend City Council.
Goal 3, Agricultural Lands. The Hearings Officer finds this goal is not applicable
because the subject property is not zoned or designated for agriculture.
Goal 4, Forest Lands. The Hearings Officer finds this goal is not applicable because the
subject property is not zoned or designated for forest use.
Ward Exhibit
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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 nor would its development affect any Goal 5
resources.
Goal 6, Air, Water and Land Resources Quality. The Hearings Officer finds this goal is
not applicable because none of these resources will be impacted by the proposed plan
amendment or zone change.
Goal 7, Areas Subject to Natural Disasters and Hazards. The Hearings Officer finds
this goal is not applicable because the subject property is not located in a known natural
disaster or hazard area.
Goal 8, Recreational Needs. The Hearings Officer finds this goal is not applicable
because the proposed plan amendment and zone change do not implicate the planning and
development of destination resorts outside an urban growth boundary.
Goal 9, Economic Development. The Hearings Officer finds this goal is met because the
proposed plan amendment and zone change will allow development of the subject
property with convenience commercial uses serving residents of the surrounding area.
Goal 10, Housing. The Hearings Officer finds this goal is met because although
convenience commercial development of the subject property will remove it from the
inventory of available residential -zoned lands, the applicant's proposal simply fixes the
location of CC designation and zoning at the Brosterhous/Murphy Road intersection and
will carry out the city's intent that such development be provided at this intersection. I find
it is likely the existing CC plan designation on the proposed high school site across
Brosterhous Road from the subject property will be removed with development of the new
high school, and some of the parcel on which the high school is proposed ultimately may
be developed with residences consistent with its RS zoning.
Goal 11, Public Facilities and Services. The Hearings Officer finds this goal is met
because development on the subject property will be served by urban water and sewer
facilities, either from the City of Bend or from the Juniper Utility Company, and the
proposal satisfies all applicable plan amendment and zone change criteria related to
transportation facilities and is consistent with the Transportation Planning Rule.
Goal 12, Transportation. The Hearings Officer finds this goal is met because the
proposal satisfies all applicable plan amendment and zone change criteria related to
transportation facilities and is consistent with the Transportation Planning Rule.
Goal 13, Energy Conservation. The Hearings Officer finds this goal is met because the
proposal will allow development of the subject property with convenience commercial
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uses within walking distances of hundreds of residents, thus reducing their dependence on
automobiles and conservation of energy from reduced vehicle trips.
Goal 14, Urbanization. The Hearings Officer finds this goal is met because the subject
property is within the Bend Urban Growth Boundary and therefore the proposal does not
impact the transition from rural to urban use..
Goals 15 through 19. The Hearings Officer finds these goals, which address river, ocean,
and estuarine resources, are not applicable because the subject property is not located in
or adjacent to any such areas or resources.
IV. CONCLUSIONARY FINDINGS:
The requested plan amendment and zone change constitute a Type III quasi-judicial land
use action under the city's procedures ordinance. As such, the Hearings Officer's role in
this matter is to make findings of fact and a recommendation concerning the application.
The City Council may accept or reject the Hearings Officer's .findings and
recommendations. The Hearings Officer has found the applicant has demonstrated
compliance with all applicable plan policies and zone change approval criterion for the
proposed plan amendment and zone change. Therefore, the City Council is required to
review the proposed plan amendment and zone change.
V.
Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearings Officer
hereby recommends APPROVAL of the proposed plan amendment and zone change.
Dated thisday of December, 1998.
Mailed this 4th
day of December, 1998.
Karen H. Green, City of Bend Hearings Officer
Ward
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Exhibit __ C
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Ordinance '71 - 00-3
