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2004-1389-Ordinance No. 2004-009 Recorded 11/30/2004REVI£WE LEGAL CO SEL CODE REVIEW DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 1111111 I I IIII II IIII II 11111111 2004-1388 RECORDS CJ 2004'1389 CLERK 11/30/2004 05:01:50 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, the Zoning map for Deschutes County, to change the * ORDINANCE NO. 2004-009 designation of a parcel from Terrebonne Residential 5 -Acre Minimum (TeR-5) Zone to Terrebonne Residential (TeR) Zone. WHEREAS, the Deschutes County Hearings Officer approved the zone change requested in Deschutes County Land Use File ZC-04-4, on August 26, 2004, incorporated herein as Exhibit "A'; and WHEREAS, pursuant to Deschutes County Code ("DCC"), Chapter 22, Section 22.28.030(A), the Deschutes County Hearings Officer has authority to render a decisions on all quasi judicial ,zone change applications; and WHEREAS, the zone change approval in File ZC-04-4 requires a revision to the County's zoning map to designate the subject property Terrebonne Residential; and WHEREAS, DCC 22.28.030(A) requires all the quasi-judicial zone changes to be adopted by the Deschutes County Board of County Commissioners ("Board") to become effective; and WHEREAS, DCC 22.28.030(B) requires the Board to adopt the Hearings Officer's decision in the absence of an appeal or review initiated by the Board; and WHEREAS, no appeal was filed and the Board did not initiate review of the Hearings Officer's decision; and WHEREAS, on November 10, 2004, the Board held public meeting regarding File ZC-044; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. FINDINGS. The Board of County Commissioners adopts the Deschutes County Hearings Officer Decision in ZC-04-4, attached hereto and by this reference incorporated as Exhibit "A", Page 1 of 2 - ORDINANCE NO. 2004-009 (11/10/04) Section 2. AMENDMENT. The Deschutes County Zoning Map is amended, as shown on Exhibit `B," attached hereto and incorporated herein, DATED this d y of _Y({I Q/1'ttih. 2004. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON e mfcAAEL M. DALY, Ch it I Date of 1st Reading: /J ' day of 004. 1a Date of 2nd Reading: ✓day of 14k 2004. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tom DeWolf Michael M. Daly ';t 00 Effective date: `day of J-49- , , 2064 - ATTEST: Recording Secretary Page 2 of 2 — ORDINANCE NO. 2004-009 (11/10/04) DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBERS: APPLICANT: PROPERTY OWNER: APPLICANT'S ATTORNEY: APPLICANT'S PA -04-5, ZC-04-4, TP -04-947 Robert Childers P.O. Box 19 Powell Butte, Oregon 97753 C.B. and Joy Foss P.O. Box 395 Terrebonne, Oregon 97760 Liz Fancher 644 NW Broadway Street Bend, Oregon 97701 cs'... F` COUNI Y �i P � ENGINEER: Anderson Engineering & Surveying, Inc. 852 SW 15th Street P.O. Box 419 Redmond, Oregon 97756 REQUEST: The applicant is requesting approval of a plan amendment and zone change from TeR-5 to TeR for a 66.7 -acre parcel in Terrebonne located on the east side of Highway 97. The applicant also is requesting tentative plan approval to develop the property with a 94 -lot subdivision to be called "Angus Acres." STAFF REVIEWER: Devin L. Hearing HEARING DATE: June 8, 2004 RECORD CLOSED: June 22, 2004 I. APPLICABLE STANDARDS AND CRITERIA: A. Title 17 of the Deschutes County Code, the Subdivision/Partition Ordinance 1. Chapter 17.08, Definitions and Interpretation of Language * Section 17.08.030, Definitions Generally 2. Chapter 17.16, Approval of Subdivision Tentative Plans and Master Development Plans * Section 17.16.100, Required Findings for Approval * Section 17.16.105, Access to Subdivisions 2. Chapter 17.36, Design Standards * Section 17.36.020, Streets Childers PA-04-5/ZC-04-4/TP-04-947 1 Exhibit Page _L_ of, * Section 17.36.040, Existing Streets • Section 17.36.050, Continuation of Streets * Section 17.36.060, Minimum Right -of -Way and Roadway Width * Section 17.36.080, Future Extension of Streets * Section 17.36.100, Frontage Roads * Section 17.36.110, Streets Adjacent to Railroads, Freeways and Parkways • Section 17.36.120, Street Names * Section 17.36.130, Sidewalks * Section 17.36.140, Bicycle, Pedestrian and Transit Requirements * Section 17.36.150, Blocks * Section 17.36.160, Easements * Section 17.36.170, Lots — Size and Shape * Section 17.36.180, Frontage * Section 17.36.210, Solar Access Performance * Section 17.36.260, Fire Hazards * Section 17.36.300, Public Water System 3. Chapter 17.44, Park Development * Section 17.44.010, Dedication of Land * Section 17.44.020, Fee in Lieu of Dedication 4. Chapter 17.48, Design and Construction Specifications * Section 17.48.010, Minimum Standards Established * Section 17.48.050, Road Design * Section 17.48.070, Horizontal Alignment * Section 17.48.080, Vertical Alignment * Section 17.48.090, Intersections * Section 17.48.100, Minimum Right -of -Way Width • Section 17.48.130, Road Names * Section 17.48.160, Road Development Requirements - Standards * Section 17.48.175, Road Development Requirements — Unincorporated Communities B. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance 1. Chapter 18.66, Terrebonne Rural Community Zoning Districts * Section 18.66.020, Residential (TeR) District * Section 18.66.030, Residential 5 -Acre Minimum (TeR-5) District 2. Chapter 18.136, Amendments * Section 18.136.010, Amendments * Section 18.136.020, Rezoning Standards C. Title 22 of the Deschutes County Code, the Development Procedures Ordinance Childers PA-04-5/ZC-04-4/TP-04-947 2 Exhibit Page Z of,3 1. Chapter 22.20, Review of Land Use Action Applications * Section 22.20.040, Final Action in Land Use Actions 2. Chapter 22.28, Land Use Action Decisions * Section 22.28.030, Decisions on Plan Amendments and Zone Changes D. Title 23 of the Deschutes County Code, the Deschutes County Comprehensive Plan 1. Chapter 23.28, Terrebonne Rural Community * Section 23.28.010, Terrebonne Rural Community E. Oregon Administrative Rules, Chapter 660 1. Division 12, Transportation * OAR 660-012-060, Plan and Land Use Regulation Amendments 2. Division 22, Unincorporated Communities * OAR 660-022-0030, Planning and Zoning of Unincorporated Communities H. FINDINGS OF FACT: A. Location: The subject property is located in the northeast quadrant of the Terrebonne Rural Community, east of U.S. Highway 97 and west of the Burlington Northern -Santa Fe Railroad Tracks. It is further identified as Tax Lot 100 on Deschutes County Assessor's Map 14-13-16. B. Zoning and Plan Designation: The subject property is zoned Terrebonne Residential -5 Acre Minimum (TeR-5) and is designated Rural Community on the comprehensive plan map. C. Surrounding Zoning and Land Uses: To the north of the subject property is land zoned Exclusive Farm Use—Terrebonne Subzone (EFU-TE) engaged in farm use. The majority of land to the south is zoned Terrebonne Residential (TeR) and is developed with residential uses. Southwest of the subject property are two parcels zoned Terrebonne Commercial -Rural (TeR). West of the subject property across U.S. Highway 97 are parcels zoned Terrebonne Residential -5 Acre Minimum (TeR-5). Parcels to the east are zoned Multiple Use Agricultural (MUA-10) and are engaged in small-scale agriculture and rural residential use. D. Site Description: The subject property is 66.7 acres in size, roughly rectangular in shape and vacant. The west boundary adjoins U.S. Highway 97 and the east boundary adjoins Burlington Northern -Santa Fe Railroad (BNSF) right-of-way. The property has approximately 15 acres of water rights. Three irrigation lateral canals cross the property. The unirrigated portion of the property is covered in juniper trees and native brush. The irrigated portion is pasture. Childers PA-04-5/ZC-04-4/TP-04-947 Exhibit Page of 33 E. Procedural History: The subject property was part of a larger parcel partitioned in 2003 (MP -03-14). The partition separated the subject property from a smaller parcel located across the BNSF right-of-way to the east. In a previous decision (CU -99-47), this Hearings Officer denied an application to develop the subject property with a manufactured home park (Ortiz, CU-99-128/SP-99.47). The subject plan amendment, zone change and tentative subdivision plan applications were submitted on March 18, 2004 and were accepted by the county as complete on April 19, 2004. The application includes a request for a plan amendment, and because approval of the zone change and tentative subdivision plan applications is contingent upon the proposed plan amendment. Therefore, under Section 22.20.040 of the county's procedures ordinance none of the three applications is subject to the 150 -day period for issuance of a final local land use action under ORS 215.427. A public hearing on the applications was held on June 8, 2004. At the hearing, the applicant submitted a revised tentative subdivision plan that reduced the number of lots from 95 to 94, changed the phase boundaries, and changed some street configurations. A the hearing, the Hearings Officer also received testimony and evidence, left the written evidentiary record open through June 15, 2004, and allowed the applicant through June 22, 2004, to submit final argument pursuant to ORS 197.763. The record closed on June 15, 2004. F. Proposal: The applicant is requesting approval of a plan amendment and zone change from TeR-5 to TeR, and approval of a revised tentative subdivision plan, to develop the subject property with a 94 -lot subdivision to be called "Angus Acres." The subdivision would be developed in three phases. Lots would range in size from 22,000 to 56,031 square feet. Access to the proposed lots would be from continuations of the existing 13th and 16 Streets from the southern to northern subdivision boundaries that would connect to several internal subdivision streets developed to the county's Terrebonne local residential street standards. Domestic water would be provided by the Terrebonne Domestic Water District. Sewage disposal would be provided by on-site septic systems. The applicant proposes to transfer the irrigation water rights off the subject property. Police protection would be provided by the Deschutes County Sheriff. Fire protection would be provided by the Redmond Fire District. The subject property is located within the boundaries of the Bend -La Pine School District. G. Public/Private Agency Comments: The Planning Division mailed notice of the applicant's proposal to several public and private agencies and received responses from: the Deschutes County Road Department (road department), Property Address Coordinator, and Environmental Health Division; Central Oregon Irrigation District (COID); Redmond School District 2J; the Redmond Fire Department; the Oregon Health Division; and the Oregon Department of Transportation (ODOT). These comments are set forth verbatim at pages 4-14 of the Staff Report and are included in the record. The following agencies either did not respond to the county's notice or had no comment: the Deschutes County Assessor, Transportation Planner and Surveyor; Central Electric Cooperative; and Qwest Communications. H. Public Notice and Comments: The Planning Division mailed individual written notice of the applications and the public hearing to the owners of record of all property located within 750 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 in this matter closed, the county had received two letters from the public in response to these notices. In addition, three members of the public testified at the public hearing. Public comments are addressed in the findings below. Childers PA-04-5/ZC-04-4/TP-04-947 4 Exhibit Page of 33 III. CONCLUSIONS OF LAW: PLAN AMENDMENT A. Title 23 of the Deschutes County Code, the Deschutes County Comprehensive Plan 1. Chapter 23.28, Terrebonne Rural Community a. Section 23.28.010, Terrebonne Rural Community * * * B. Land Use Planning. * * * 2. Comprehensive Plan Designations The Deschutes County Comprehensive Plan for the Terrebonne Rural Community has the following five comprehensive plan designations * * *: a. Residential. The land designated Residential on the Terrebonne comprehensive plan map includes the highest density area of Terrebonne, corresponding with the boundary of the old Hillman Plat. It is intended to accommodate higher density residential uses, served by community water. b. Residential 5 -Acre Minimum. The land designated Residential -5 Acre Minimum includes the larger parcels of land in Terrebonne located to the north and south of the Hillman Plat. The Residential -5 Acre Minimum designation is intended to maintain the rural character of the community by retaining large lots where community water is not available. (Emphasis added.) FINDINGS: The difference between the two residential zoning designations in Terrebonne is the availability of community water service. The subject property was designated Terrebonne Residential 5 -Acre Minimum because community water was not available at the time it was designated. The applicant submitted into the record a letter dated February 25, 2004 from the Terrebonne Domestic Water District stating the district can provide water to the subject property if the property is annexed into the district and if the applicant installs certain water system improvements. Therefore the applicant is requesting a plan amendment to redesignate the subject property to Terrebonne Residential so that it can be rezoned to TeR and developed at higher density. Childers PA-04-5/ZC-04-4/TP-04-947 5 Exhibit Page of�33 3. Land Use Policies a. General Land Use Policies 1. Land use regulations shall conform to the requirements of OAR Chapter 660, Division 22 or its successor. 2. County plans and land use regulations shall ensure that new uses authorized within the Terrebonne Rural Community do not adversely affect agricultural uses in the surrounding Exclusive Farm Use (EFU) zones. Zoning regulations shall require any new structure on land contiguous to EFU-zoned land which is receiving special assessment for farm use to set back 100 feet from the common property line. FINDINGS: As discussed in the Findings of Fact above, the parcel abutting the subject property to the north is zoned EFU. The revised tentative subdivision plan shows a 100 -foot -wide area along the entire northern subdivision boundary that includes the notation "Buffer Zone – Structures Prohibited," consistent with this plan policy. The Hearings Officer finds that as a condition of approval the applicant will be required to include that buffer zone and notation on the final subdivision plat. 3. All zoning districts in the Terrebonne community shall allow residential uses. FINDINGS: The applicant is proposing to redesignate the subject property from TeR-5 to TeR for the purpose of developing a residential subdivision consistent with this plan policy. b. Residential Area Policies 1. Areas designated residential on the comprehensive plan map shall be designated a corresponding residential district on the zoning map. FINDINGS: The applicant is seeking to change both the comprehensive plan map and zoning map to reflect the change in designation and zoning from TeR-5 to TeR. Childers PA-04-5/ZC-04-4/TP-04-947 6 2. The county shall plan and zone for a diversity of housing types and densities suited to the capacity of the land to accommodate water and sewer facilities. Exhibit Page of35— FINDINGS: Now that domestic water is available to the subject property from the water district, the applicant is requesting a change in subject property's plan designation and zoning to allow the density of residential development contemplated by the TeR designation and zoning. The proposed change will not alter the availability of diverse housing for the Terrebonne Rural Community. 3. The land designated Residential 5 -Acre Minimum is intended to maintain the rural character of the community by retaining large lots where community water and sewer are not available. 4. Lands designated Residential 5 -Acre Minimum shall not be redesignated and rezoned to accommodate higher densities until public water is provided. FINDINGS: The record indicates community water now is available to the subject parcel, therefore justifying the proposed redesignation from TeR-5 to TeR. C. Public Facility Planning 2. Public Facility Policies a. General Public Facility Planning Policies 1. Residential minimum lot sizes shall be determined by the capacity of the land to accommodate available water and sewer facilities, in order to protect and promote public health and safety and to provide efficient public facilities and services. FINDINGS: Community water now is available to the subject property, justifying the proposed redesignation to TeR. The proposed tentative subdivision plan shows lot sizes ranging from 22,000 to 56,031 square feet. In his comments on the applicant's proposal, Dan Haldeman of the Environmental Health Division described the proposed subdivision lot sizes as "minimal for providing space for on-site systems and reserves," and noted that each lot would require an individual site evaluation approval. The Hearings Officer understands Mr. Haldeman's comments to mean the proposed lot sizes appear large enough to accommodate an on-site sewage disposal system, but their adequacy will be determined through the site evaluation process. At the public hearing the applicant's engineer, Larry Talbot, testified 18 test holes had been dug on the subject property, and that based on the analysis of soils in those test holes it was his opinion that the proposed subdivision lot would qualify for installation of a "standard" septic system. In his final arguments, the applicant requested that he be allowed to obtain site evaluation approvals for the subdivision lots on a phase by phase basis. I find this is a reasonable request. Based on Mr. Haldeman's comments and Mr. Talbot's testimony, I find the proposed lots sizes are adequate. Childers PA-04-5/ZC-04-4/TP-04-947 7 Exhibit Page of�3 However, as a condition of approval the applicant will be required to obtain site evaluation approval for each subdivision lot within each subdivision phase being platted. b. Water Facility Policies 4. New uses or expansion of existing uses requiring land use approval in the Terrebonne Domestic Water District service area shall be approved only upon confirmation from the District that the District can provide water for domestic or commercial uses to the property. FINDINGS: As discussed above, the record indicates the Terrebonne Domestic Water District now can provide domestic water for residential use on the subject property if the property is annexed into the district and the applicant installs approximately 1,000 feet of water pipe. The Hearings Officer finds that as a condition of approval and prior to submitting the final subdivision plat for approval, the applicant will be required to apply for annexation to the water district, to install the required water pipe, and to submit written documentation from the water district to the Planning Division that the subject property has been annexed and that the required improvements to the water system have been installed. I find that with imposition of this condition of approval the applicant's proposal will satisfy this policy. C. Sewer Facility Policies 1. Only uses and densities that can be served by a DEQ approved on-site sewage disposal system shall be allowed in the Terrebonne Rural Community until such time as a community sewer system is available. FINDINGS: As discussed above, the Hearings Officer has found the proposed subdivision lots are of adequate size to accommodate on-site sewage disposal, but that as a condition of approval each lot will be required to have an approved septic site evaluation. Q Childers PA-04-5/ZC-04-4/TP-04-947 8 Transportation Planning 1. Background — Transportation in Terrebonne a. Community Transportation Goals The livability of the Terrebonne community depends on the ability of the transportation network to provide safe and convenient access from residential areas to the commercial areas Exhibit r, Page ofd and to the school. It is important that the state highway be integrated into the community and that it function efficiently to transport travelers and freight through the community. 4. Transportation Policies Childers PA-04-5/ZC-04-4/TP-04-947 9 a. Road network policies. 1. Roads. i. Provide a transportation network that can accommodate local traffic, commuter traffic and regional interstate traffic without detracting from the livability and rural character of the community. ii. Provide a transportation network that will improve transportation efficiency, convenience and safety, as well as increase transportation choices and decrease conflicts between modes of transportation.. iii. Preserve alignments for transportation corridors depicted on Map D2 for future transportation purposes. The precise alignments will be determined after further study and engineering analysis or during the development of vacant properties. iv. New roads shall take advantage of existing public rights of way, where they exist. V. Existing road rights of way shall be preserved. vi. Roads shall be classified as arterial, collector and local roads in accordance with Table D1 and Map D2. vii. The county shall implement measures, based on weight limits, to prohibit or limit heavy truck on 11t" Street and Smith Rock Way in the Terrebonne Rural Community. Exhibit Page T of 3s Childers PA-04-5/ZC-04-4/TP-04-947 10 viii. Commercial uses that general more than 20 vehicle trips to and from the premises including automobiles, truck -trailers and other heavy equipment, during the peak hour of the day, shall demonstrate that the affected roads are adequate to serve the proposed use, considering the function, capacity and level of service of those roads. 2. Sidewalks and bicycle facility policies. i. Provide functional, cost effective sidewalks that are in keeping with the rural character of the community. ii. Provide sidewalks where they are warranted for pedestrian safety, as set forth in Map D3. iii. Where sidewalks are specified along county public roads, they shall be constructed without curbs and gutters, set back from the road surface behind a drainage swale at a distance from property lines to allow room for utilities. iv. Sidewalks identified on Map D3 shall be constructed either at the time of development, subject to site plan review, or later through formation of a local improvement district (LID). Applicants for conditional use permits or site plan approval electing to defer constructing sidewalks, shall be required to submit and have recorded in the County Clerk's office a waiver of remonstrance, signed by the land owner. The waiver shall waive the land owner's right to have his/her objection count against the formation of an LID. V. The utility trenches located in the public right of way should be protected from damage by tree roots. Street trees should not be planted in the public right of way where they will conflict with existing or planned utility trenches. Exhibit Page) Q of �_ vi. On local roads where traffic volumes and speeds are low, bicycles shall share the road with automobiles. Bicycles shall be accommodated on paved shoulder bikeways on Lower Bridge Way and Smith Rock Way, which are county arterial roads, and on county collector roads that carry high traffic volumes. FINDINGS: The revised tentative subdivision plan shows the proposed subdivision streets connecting with existing streets to the south, and with bicycles sharing the streets with vehicles. The tentative plan does not propose sidewalks because the local residential street standards for Terrebonne do not require sidewalks. Therefore, the Hearings Officer finds the tentative plan is consistent with these plan policies. b. Road Development Standards Policies. 1. The county shall provide transportation facilities that are practical and cost effective to construct, use and maintain and in keeping with the rural character of the community. 2. The county shall implement road development standards for the Terrebonne community that minimize pavement width and are consistent with the operational needs of the transportation facility. 3. Specific road, bicycle and pedestrian facility improvement projects for the Terrebonne community are listed in Tables D2, D3 and D4 respectively. The projects are ranked high, medium and low priority based on perceived need. These priorities shall be flexible to take advantage of development opportunities and funding. FINDINGS: The revised tentative subdivision plan shows the subdivision streets would be developed to the county's standards for Terrebonne local residential streets, consistent with these plan policies. For the foregoing reasons, the Hearings Officer finds the applicant's proposal is consistent with the county's comprehensive plan. Childers PA-04-5/ZC-04-4/TP-04-947 11 Exhibit Page -A— of –23_ B. Oregon Administrative Rules, Chapter 660 1. Division 12, Transportation Planning Rule a. OAR 660-012-060, Plan and Land Use Regulation Amendments (1) Amendments to functional plan, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; (b) Amending the TSP [Transportation System Plan] to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; (c) Altering land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. FINDINGS: The applicant proposes to amend the county's comprehensive plan and zoning maps to redesignate and rezone the subject property from TeR-5 to TeR. Therefore, this administrative rule applies to the proposal. (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; FINDINGS: The Hearings Officer finds the proposed subdivision will not change the functional classification of or the standards applicable to any affected transportation facility. Childers PA-04-5/ZC-04-4/TP-04-947 12 (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. Exhibit Page \1 of �_ FINDINGS: The applicant submitted a transportation impact study for the proposed subdivision dated March 2004 and prepared by Ferguson & Associates. The traffic study predicted that at buildout the subdivision would generate 909 average daily vehicle trips (ADTs) of which 96 would be during the p.m. peak hour (4:30 to 6:30 p.m. weekdays).' The traffic study also predicted the routes this traffic would follow and concluded that three existing intersections would be affected: Lower Bridge Way and Highway 97, 11'll Street and "F" Avenue, and "C" Avenue and Highway 97. The traffic study found that all three intersections currently function at acceptable levels of service as determined by the county and ODOT, and that with the addition of subdivision -generated traffic they will continue to function at acceptable levels of service.2 Therefore, the Hearings Officer finds the proposed subdivision will not allow types or levels of land use exceeding the functional classification of any affected transportation facilities, or cause the function of those facilities to fall below the minimum acceptable level of service. For the foregoing reasons, the Hearings Officer finds the applicant's proposal satisfies the requirements of the Transportation Planning Rule. 2. Division 22, Unincorporated Communities a. OAR 660-022-0030, Planning and Zoning of Unincorporated Communities (1) For rural communities, resort communities and urban unincorporated communities, counties shall adopt individual plan and zone designations reflecting the projected use for each property (e.g., residential, commercial, industrial, public) for all land in each community. Changes in plan or zone designation shall follow the requirements to the applicable post -'acknowledgment provisions of ORS 197.610 through 197.625. FINDINGS: The applicant has requested approval to change the plan designation and zoning of the subject property from TeR-5 to TeR. As discussed throughout this decision, the applicant's proposal has been reviewed under the plan amendment and zone change criteria set forth in the county's comprehensive plan and zoning ordinance, which implement the provisions of ORS chapter 197.625. Therefore, the Hearings Officer finds the applicant's proposal satisfies this administrative rule. (2) County plans and land use regulations may authorize any residential use and density in unincorporated communities, subject to the requirements of this division. ' The traffic study was based on 95 subdivision lots. Therefore, the traffic generation predictions are slightly higher than they would be for 94 lots as proposed by the applicant in the revised tentative plan. 2 The county has established in its TSP the acceptable levels of service for county road intersections. ODOT has established its 1999 Oregon Highway Plan the acceptable levels of service for intersections with Highway 97. Childers PA-04-5/ZC-04-4/TP-04-947 13 Exhibit Page �_ of FINDINGS: The applicant proposes to redesignate the subject property from TeR-5 to TeR. Both of these designations and zones are residential and allow residential uses. The proposed density is that allowed in the TeR Zone now that community water service is available. For the foregoing reasons, the Hearings Officer finds the applicant's proposal satisfies the requirements of the Unincorporated Communities rule. For the foregoing reasons, the Hearings Officer finds the applicant's proposed plan amendment satisfies all applicable criteria. ZONE CHANGE B. Title 18 of the Deschutes County Code, the Deschutes County Zoning Ordinance 1. Chapter 18.66, Terrebonne Rural Community Zoning Districts a. Section 18.66.020, Residential (TeR) District The Terrebonne Residential District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. b. Section 18.66.030, Residential 5 -Acre Minimum (TeR5) District The purpose of the Terrebonne Residential -5 Acre Minimum District is to retain large rural residential lots where community sewer and water are not available. FINDINGS: The applicant proposes a zone change from finds the proposed zone change is consistent with the community water is available to the subject property. 2. Chapter 18.136, Amendments a. Section 18.136.010, Amendments m TeR-5 to TeR. The Hearings Officer purposes of the TeR Zone now that DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or legislative map changes shall be as set forth in DCC 22.12. A request by a property owner for a quasi-judicial map amendment shall be accomplished by filing an application on forms provided by the Planning Department and shall be subject to applicable procedures of DCC Title 22. FINDINGS: The applicant is requesting approval of a quasi-judicial zoning map amendment to change the zone of the subject property from TeR-5 to TeR. The application was submitted by the applicant with the written consent of the property owner and on a form approved by the county. As discussed throughout this decision, the application is subject to, and is being reviewed under, the Childers PA-04-5/ZC-04-4/TP-04-947 14 Exhibit Page�k of procedures in the county's development procedures ordinance. b. Section 18.136.020, Rezoning Standards The applicant for a quasi-judicial rezoning must establish that the public interest is best served by rezoning the property. Factors to be demonstrated by the applicant are: A. That the change conforms with the Comprehensive Plan, and the change is consistent with the plan's introductory statement and goals. FINDINGS: As discussed in the plan amendment findings above, incorporated by reference herein, the Hearings Officer has found the proposed plan amendment and zone change are consistent with the applicable comprehensive plan policies. The plan's introductory statement and goals set forth in Chapter 23.08 of the county's code state that land use decisions should be made after adequate consideration of alternatives or consequences following the orderly process established by the county's plan and ordinances. As discussed throughout this decision, the applicant's proposal is being evaluated under applicable provisions of the comprehensive plan, zoning ordinance and development procedures ordinance. The applicant argues, and the Hearings Officer concurs, that the public interest is best served by the proposed zone change. It will allow the subject property to be developed at the density contemplated for Terrebonne where community water is available, in an area designated for such development, and in a manner that will provide additional homesites in the community. Opponent Deanna Van Winkle testified at the public hearing that she believes the applicant's proposal represents "high" density not compatible with the "rural feel" of Terrebonne. I disagree. As discussed above, the proposed lot sizes range from 22,000 to over 56,000 square feet. These lot sizes hardly can be characterized as "high density." To the contrary, they represent the density the comprehensive plan contemplated for Terrebonne with community water service. For the foregoing reasons, the Hearings Officer finds the applicant's proposal satisfies this criterion. B. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. FINDINGS: As noted above, the purpose of the TeR Zone is "to allow new residential development that is compatible with the rural character of the area," and to allow "a mixture of housing types and densities suited to the level of available water and sewer facilities." Community water service now is available to the parcel. The applicant proposes to develop the subject property with a residential subdivision in an area and at the density contemplated for Terrebonne. For these reasons, the Hearings Officer finds the applicant's proposal satisfies this criterion. C. That changing the zoning will presently serve the public health, safety and welfare considering the following factors: Childers PA-04-5/ZC-04-4/TP-04-947 15 Exhibit Page jam_ of 3 1. The availability and efficiency of providing necessary public services and facilities. FINDINGS: As discussed above, community water now is available to the subject property. The Environmental Health Division has indicated the proposed subdivision lots appear of adequate size to accommodate on-site sewage disposal systems and reserve systems. The applicant proposes to serve the subdivision lots with public streets improved to the county's standards, and to connect those streets to existing Terrebonne Streets. As also discussed above, the applicants traffic study indicates the addition of subdivision -generated traffic will not exceed the capacity of affected intersections. Finally, the record includes "willing to serve" letters from utility companies. Therefore, the Hearings Officer finds the applicant's proposal satisfies this criterion. 2. The impacts on surrounding land use will be consistent with the specific goals and policies contained within the Comprehensive Plan. FINDINGS: The subject property is in an area of Terrebonne designated for residential development. The proposed subdivision density is consistent with the proposed TeR Zone now that community water service is available to the subject property. As discussed above, the Hearings Officer has found the applicant's proposal is consistent with the applicable comprehensive plan goals and policies. Therefore, I find the applicant's proposal satisfies this criterion. D. That there has been a change in circumstances since the property was last zoned, or a mistake was made in the zoning of the property in question. FINDINGS: The Hearings Officer finds there was no mistake in the original TeR-5 zoning of the subject inasmuch as at the time the property was zoned community water service was not available to the subject property. The applicant argues, and I concur, that the availability of community water from the Terrebonne Domestic Water District constitutes a change in circumstances justifying the proposed zone change from TeR-5 to TeR. For the foregoing reasons, the Hearings Officer finds the applicant's proposed zone change satisfies all applicable criteria. SUBDIVISION C. Title 17 of the Deschutes County Code, the Subdivision and Partition Ordinance 1. Chapter 17.16, Approval of Subdivision Tentative Plans and Master Development Plans a. Section 17.16.100, Required Findings for Approval A. The subdivision contributes to orderly development and land use patterns in the area, and provides for the preservation of natural features and resources such a streams, lakes, natural vegetation, special terrain features, agricultural and forest lands and other natural resources. Childers PA-04-5/ZC-04-4/TP-04-947 16 Exhibit Page 1LP_ of3 FINDINGS: The Hearings Officer has found the proposed plan amendment and zone change from TeR-5 to TeR will allow development of the subject property in an area and at the density contemplated for Terrebonne where community water is available. As discussed in the Findings of Fact above, the subject property is bordered by EFU-zoned land on the north, Highway 97 on the west, the BNSF railroad right-of-way on the east, and residential development on the south. To protect the adjacent farm -zoned land, the proposed tentative plan includes a 100 -foot buffer zone along the entire northern property boundary in which structures will be prohibited. Lots bordering Highway 97 and the railroad tracks will take access from internal subdivision streets. Lots bordering the southern subdivision boundary will be similar in size to the adjacent existing residential lots. The record indicates the subject property has no streams, lakes, or agricultural or forest lands requiring preservation. The tentative plan proposes to preserve the natural topography and vegetation on the undisturbed part of the property to the extent practical. The property is traversed by COID irrigation canals and rights-of-way which the applicant will be required to preserve. In his May 27, 2004 comments on the applicant's proposal, Jed Barrett of COID stated the district would not require the applicant to place the canals in pipe as long as the districts easements and maintained clear and unobstructed, fencing is placed along the edge of the easements, and approved electronic gates are installed to restrict access to the easements to COID personnel. Mr. Barrett also stated the applicant would be required to obtain crossing permits for all proposed irrigation facility crossings, and show all COID easements on the final subdivision plat. In his final arguments, the applicant responded that COID had not demonstrated a basis in the record or the county's ordinances for me to impose the requested improvement requirements or to establish the district's and the applicant's rights to use the easements. The Hearings Officer understands COID's desire to assure access to and security for its canals. However, I concur with the applicant that I lack authority to impose conditions of approval requiring these improvements. Therefore, I find that as a condition of approval and before submitting the final subdivision plat for approval, the applicant will be required only to complete a water rights transfer and to show COID's easements on the final subdivision plat. Opponents argue the applicant's proposal will not contribute to orderly development in the Terrebonne area because it will create a demand on school district facilities that cannot be met. At the public hearing, Deanna Van Winkle testified that Terrebonne schools are turning away students due to overcrowding and that Terrebonne students must be transported to Redmond to go to school. The Hearings Officer understands Ms. Van Winkle's concerns. However, in its comments on the applicant's proposal, the Redmond School District did not express concern about its ability to serve students who would live in the proposed subdivision. Rather, it requested that the applicant provide safe walkways for students to get to school bus stops at the subdivision entrances. As discussed elsewhere in this decision, the applicant proposes to dedicate and improve subdivision streets to the Terrebonne local residential street standards which I find provide sufficient pavement width to provide adequate pedestrian walkways. For the foregoing reasons, the Hearings Officer finds that with imposition of the conditions of approval described above, the applicant's proposal will satisfy this criterion. B. The subdivision will not create excessive demand on public facilities and services, and utilities required to serve the development. Childers PA-04-5/ZC-04-4/TP-04-947 17 Exhibit Page \-'A_ of' _ FINDINGS: Water service will be provided to subdivision lots from the Terrebonne Domestic Water District, and sewage disposal will be provided by on-site septic systems approved by the Environmental Health Division. The record also includes "willing -to -serve" letters from public utilities. The subject property will receive fire protection from the Redmond Fire District and police protection from the Deschutes County Sheriff. In its comments on the applicant's proposal, the fire district recommended, and the Hearings Officer finds, that the applicant be required as a condition of approval to install certain fire protection improvements. Finally, as discussed above, I have found traffic generated by the proposed subdivision will not exceed the capacity of affected transportation facilities. For these reasons, I find the applicant's proposal satisfies this criterion. C. The tentative plan for the proposed subdivision meets the requirements of Oregon Revised Statutes Section 92.090. FINDINGS: The requirements of ORS 92.090 are implemented by the provisions of Title 17 of the Deschutes County Code. Therefore, the Hearings Officer finds that if the applicant's proposal satisfies the applicable criteria in Title 17, the requirements of the statute also are satisfied. D. For subdivisions or portions thereof proposed within a Surface Mining Impact Area (SMIA) Combining Zone under Title 18 of the Deschutes County Code, the subdivision creates lots on which noise or dust sensitive uses can be sited consistent with the requirements of Chapter 18.56 of Title 18, as amended, as demonstrated by the site plan and accompanying information required under Section 17.16.030 of this chapter. FINDINGS: The record indicates the subject property is not within a SMIA Zone. Therefore this criterion is not applicable. E. The subdivision name has been approved by the County Surveyor. FINDINGS: The Hearings Officer finds the applicant will be required as a condition of approval to obtain approval of the subdivision name "Angus Acres" from the Deschutes County Surveyor. That approval will be reflected by the surveyor's signature on the final subdivision plat. b. Section 17.16.105, Access to Subdivisions No proposed subdivision shall be approved unless it would be accessed by roads constructed to county standards and by roads accepted for maintenance responsibility by a unit of local or state government. This standard is met if the subdivision would have direct access to an improved collector or arterial, or in cases where the subdivision has no direct access to such a collector or arterial, by demonstrating that the road accessing the subdivision from a collector or arterial meets relevant county standards and has been accepted for maintenance purposes. FINDINGS: The record indicates the subject property does not have direct access to an improved collector or arterial street. The applicant proposes access for the subdivision lots from internal subdivision streets improved to the Terrebonne local residential street standards and connecting with extensions of the existing county roads — i.e., 13th and 16th Streets south of the proposed subdivision. In his April 8, 2004 comments on the applicant's proposal, Gary Judd of the road department recommended that the applicant be required to revise the tentative plan to Childers PA-04-5/ZC-04-4/TP-04-947 18 Exhibit Page \' of ?j also show street connections with 12", 15t" and 18th Streets to the south. Mr. Judd submitted a second memo dated May 11, 2004 requesting that the road department's original recommendation be revised to omit the extension of 15"' Street because of the presence of a COID canal in what would be the extended 15"' Street right-of-way. The applicant responded to the road department's comments in a memorandum dated May 12, 2004, stating the additional street connections would not be consistent with the comprehensive plan for Terrebonne because the future street plan only calls for the extensions of 13 and 16'h Streets. The Hearings Officer has reviewed the Terrebonne future street plan, included in the record as an attachment to the applicant's burden of proof, and concurs with the applicant. Therefore, I find the applicant will not be required to provide street connections to 12', 15th or 186' Street. The road department also recommended that the applicant be required as a condition of approval to provide at least one street connection with the EFU-zoned property to the north to facilitate access to this parcel in the event it is developed in the future. The revised tentative plan shows both 13th and 16t" Streets extended to and stubbed off at the subdivision's northern property boundary. For the foregoing reasons, the Hearings Officer finds the applicant's proposal satisfies this criterion. 2. Chapter 17.36, Design Standards a. Section 17.36.020, Streets A. The location, width and grade of streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and the proposed use of land to be served by the streets. The street system shall assure an adequate traffic circulation system for all modes of transportation, including pedestrians, bicycles, and automobiles with intersection angles, grades, tangents, and curves appropriate for traffic to be carried, considering the terrain. The subdivision or partition shall provide for the continuation of the principal streets existing in the adjoining subdivision or partition or of their property projection when adjoining property which is not subdivided, and such streets shall be of a width not less than the minimum requirement for streets set forth in this chapter. FINDINGS: As discussed above, the applicant proposes access to subdivision lots from several internal subdivision streets imEroved to the county's standards for local streets, including the continuation of the existing 13t and 16"' Streets through the proposed subdivision to its northern boundary. In his April 8, 2004 comments on the applicant's proposal, Gary Judd of the road department requested that the applicant be required as conditions of approval to require specific right-of-way improvements related to grades, drainage swales and general construction standards. In the applicant's May 12, 2004 response, he identified corrections to the code references included in the road department's comments, and noted that drainage swales are not required on residential streets. The Hearings Officer has reviewed the applicable provisions of the zoning and subdivision ordinances, concurs with the applicant's recommended revisions to the road department's proposed conditions of approval, and finds the corrected conditions will be included in this decision. Childers PA-04-5/ZC-04-4/TP-04-947 19 Exhibit Page With imposition of conditions of approval requiring the applicant to construct subdivision streets to the applicable county road standards, the Hearings Officer finds the applicant's proposal will satisfy this criterion. B. Streets in subdivisions shall be dedicated to the public, unless located in a destination resort, planned community or planned or cluster development, where roads can be privately owned. Planned developments shall include public streets where necessary to accommodate present and future through traffic. FINDINGS: The applicant proposes to dedicate all subdivision streets to the public, thus satisfying this criterion. b. Section 17.36.040, Existing Streets Whenever existing streets adjacent to or within a tract are of inadequate width to accommodate the increase in traffic expected from the subdivision or partition or by the county roadway network plan, additional rights of way shall be provided at the time of the land division by the applicant. During consideration of the tentative plan for the subdivision or partition, the Planning Director or Hearings Body, together with the Public Works Director, shall determine whether improvements to existing streets adjacent to or within the tract, are required. If so determined, such improvements shall be required as condition of approval for the tentative plan. Improvements to adjacent streets shall be required where traffic on such streets will be directly affected by the proposed subdivision or partition. FINDINGS: The road department and the applicant's traffic engineer have not identified as needed, nor has the applicant proposed, improvements to existing streets adjacent to the subject property. As discussed above, the applicant proposes to dedicate and improve several internal subdivision streets to the Terrebonne local residential street standards, including extensions of the existing 13a' and 16th Streets, to provide access to the subdivision lots. The Hearings Officer finds the applicant's proposal satisfies this criterion. C. Section 17.36.050, Continuation of Streets Subdivision or partition streets which constitute the continuation of streets in contiguous territory shall be aligned so that their centerlines coincide. FINDINGS: The applicant proposes to dedicate and improve continuations of 13`x' and 16111 Streets through the subdivision, and to align the centerlines of those two streets. As discussed above, the Hearings Officer has found the applicant will not be required to dedicate and improve continuations of 12a', 15'h or 18u' Street. I find the applicant's proposal satisfies this criterion. Childers PA-04-5/ZC-04-4/TP-04-947 20 Exhibit Page r o of 33 d. Section 17.36.060, Minimum Right of Way and Roadway Width The street right of way and roadway surfacing widths shall be in conformance with standards and specifications set forth in Chapter 17.48 of this title. FINDINGS: The applicant proposes to dedicate and improve the subdivision streets to the county's standards and specifications for local residential streets. The Hearings Officer finds the applicant will be required as a condition of approval to do so. e. Section 17.36.080, Future Extension of Streets When necessary to give access to or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary of the subdivision or partition. FINDINGS: As discussed above, the revised tentative plan shows the extension of 13th and 16th Streets to the northern boundary of the subdivision to provide future access to the EFU-zoned parcel to the north.3 No street extensions to adjoining land to the west and east are possible due to Highway 97 and the BNSF railroad right-of-way, respectively. Because 13th and 16th Streets dead-end at the northern subdivision boundary, the applicant will be required as a condition of approval to submit to the Planning Division written documentation from the Redmond Fire Department that the stubbed -off streets meet the fire department's minimum standards for fire and emergency apparatus to turn around. With imposition of this condition of approval, the Hearings Officer finds the applicant's proposal will satisfy this criterion. f. Section 17.36.100, Frontage roads. If a land division abuts or contains an existing or proposed collector or arterial street, the Planning Director or Hearings Body may require frontage roads, reverse frontage lots or parcels with suitable depth, screen planting contained in a nonaccess reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic. All frontage roads shall comply with the applicable standards of Table A of DCC Title 17, unless specifications included in a particular zone provide other standards applicable to frontage roads. FINDINGS: The applicant is not proposing any frontage roads. Rather, he proposes reverse frontage lots on the western subdivision boundary adjacent to Highway 97 of sufficient depth to provide fencing or screening along the highway, thus satisfying this criterion. g. Section 17.36.110, Streets adjacent to railroads, freeways and parkways. 3 The Hearings Officer agrees with staff and the applicant that development of the EFU-zoned land to the north is not likely to occur in the near future since it would require an exception to Goal 3. Childers PA-04-5/ZC-04-4/TP-04-947 21 Exhibit Page _YJ— ofS8 When the area to be divided adjoins or contains a railroad, freeway or parkway, provision may be required for a street approximately parallel to and on each side of such right of way at a distance suitable for use of the land between the street and railroad, freeway or parkway. In the case of a railroad, there shall be a land strip of not less than 25 feet in width adjacent and along the railroad right of way and residential property. If the intervening property between such parallel streets and a freeway or a parkway is less than 80 feet in width, such intervening property shall be dedicated to park or thoroughfare use. The intersections of such parallel streets, where they intersect with streets that cross a railroad, shall be determined with due consideration at cross streets of a minimum distance required for approach grades to a future grade separation and right of way widths of the cross street. FINDINGS: The Hearings Officer finds the proposed subdivision lots adjacent to Highway 97 on the western subdivision boundary, and adjacent to the BNSF railroad right-of-way on the eastern boundary, have sufficient depth to eliminate the need for a buffer. The average depth of the lots adjacent to Highway 97 is 150 feet. The depths/widths of the lots adjacent to the railroad right-of-way range from approximately 120 to 250 feet. I concur with the applicant that the lots adjacent to the railroad right-of-way will allow sufficient room for residential development and the required 25 -foot setback. Therefore, I find the applicant's proposal satisfies this criterion. h. Section 17.36.120, Street Names Except for extensions of existing streets, no street name shall be used which will duplicate or be confused with the name of an existing street in a nearby city or in the County. Street names and numbers shall conform to the established pattern of the County. FINDINGS: The Hearings Officer finds the applicant will be required as a condition of approval to obtain approval from the county for the names of all subdivision streets. i. Section 17.36.130, Sidewalks C. Sidewalk requirements for areas outside of urban areas are set forth in DCC 17.48.175. In the absence of a special requirement set forth by the Road Department Director under DCC 17.48.030, sidewalks and curbs are never required in rural areas outside unincorporated communities as that term is defined in DCC Title 18. FINDINGS: The Hearings Officer finds the local residential street standards for Terrebonne do not require sidewalks on local streets. Therefore, this criterion is not applicable. j. Section 17.36.140, Bicycle, Pedestrian and Transit Requirements Childers PA-04-5/ZC-04-4/TP-04-947 22 Exhibit Page -2 of y A. Pedestrian and Bicycle Circulation within Subdivision 1. The tentative plan for a proposed subdivision shall provide for bicycle and pedestrian routes, facilities and improvements within the subdivision and to nearby existing or planned neighborhood activity centers, such as schools, shopping areas and parks in a manner that will (a) minimize such interference from automobile traffic that would discourage pedestrian or cycle travel for short trips, (b) provide a direct route of travel between destinations within the subdivision and existing or planned neighborhood activity centers, and (c) otherwise meet the needs of cyclists and pedestrians, considering the destination and length of trip. FINDINGS: The applicant proposes to dedicate and improve subdivision streets to the county's Terrebonne local residential street standards. These standards, set forth in Table 18.66 A, do not require separate bicycle or pedestrian facilities for the proposed subdivision. Therefore, the Hearings Officer finds the applicant's proposal satisfies this criterion. 2. Subdivision Layout a. Cul-de-sacs or dead-end streets shall be allowed only where, due to topographical or environmental constraints, the size and shape of the parcel, or a lack of through street connections in the area, a street connection is determined by the Planning Director or Hearings Body to be infeasible or inappropriate. In such instances, where applicable and feasible, there shall be a bicycle and pedestrian connection connecting the ends of cul-de-sacs to streets or neighborhood activity centers on the opposite sides of the block. FINDINGS: Section 17.08.030 defines "cul-de-sac" as "a short street having one end open to traffic and terminated by a vehicle turnaround. The revised tentative plan proposes three cul-de- sacs meeting this definition on the eastern subdivision boundary. These were required due to the railroad right-of-way. Near the western boundary of the subdivision adjacent to Highway 97 are two street intersections — lfh Street with "A" and "B" streets -- that resemble cul-de-sacs but do not meet the definition since they have more than one "end" open to traffic. Rather, the Hearings Officer finds they constitute "bulbs" the applicant has utilized to create one additional corner lot. In addition, as discussed above, the tentative plan also shows 13th and 16th Streets terminating at the northern subdivision boundary adjacent to the EFU-zoned parcel to the north. The Hearings Officer finds the cul-de-sac and dead-end streets satisfy this criterion because of the existence of these physical and development boundaries. Childers PA-04-5/ZC-04-4/TP-04-947 23 b. Bicycle and pedestrian connections between Exhibit f 3 3 Page 2 streets shall be provided at mid -block where the addition of a connection would reduce the walking or cycling distance to an existing or planned neighborhood activity center by 400 feet and by at least 50% over other available routes. FINDINGS: The Hearings Officer finds this criterion is not applicable because the proposed subdivision is not located near a planned neighborhood activity center and there is no evidence such a center exists in the surrounding neighborhood. C. Local roads shall align and connect with themselves across collectors and arterials. Connections to existing or planned streets and undeveloped properties shall be provided at no greater than 400 foot intervals. d. Connections shall not be more than 400 feet long and shall be as straight as possible. FINDINGS: The Hearings Officer finds these criteria are not applicable because none of the proposed subdivision streets will cross collector or arterial streets. k. Section 17.36.150, Blocks A. General. The length, width and shape of blocks shall accommodate the need for adequate building site size, street width and direct travel routes for pedestrians and cyclists through the subdivision and to nearby neighborhood activity centers, and shall be compatible with the limitations of the topography. FINDINGS: The submitted subdivision plan shows the subdivision streets form a roughly rectangular grid with most of the north -south streets angled slightly from southeast to northwest so that they are roughly parallel with two of the COID irrigation canals. Considering this physical constraint, the Hearings Officer finds the length, width and shape of the blocks are reasonable and have created lots with adequate room for dwellings and streets with adequate widths for vehicles, bicycles and pedestrians, thus satisfying this criterion. 1. Section 17.36.160, Easements A. Utility easements. Easements shall be provided along property lines when necessary for the placement of overhead or underground utilities, and to provide the subdivision or partition with electric power, communication facilities, street lighting, sewer lines, water lines, gas lines, or drainage. Such easements shall be labeled "Public Utility Easements" on the tentative and final plat. Childers PA-04-5/ZC-04-4/TP-04-947 24 Exhibit Page► _ of 3� B. Drainage. If a tract is traversed by a watercourse such as a drainage way, channel or stream there shall be provide a storm water easement or drainage right of way conforming substantially with the lines of the watercourse, or in such further width as will be adequate for the purpose. Streets or parkways parallel to major watercourses or drainage ways may be required. FINDINGS: The revised tentative subdivision plan shows easements for future Central Electric Co-op facilities and for the COID irrigation canals that cross the property. There are no natural watercourses on the subject property requiring a storm water easement or drainage right-of-way. The Hearings Officer finds that as a condition of approval all easements shall be shown on the final subdivision plat. in. Section 17.36.170, Lots - Size and Shape The size, width and orientation of lots or parcels shall be appropriate for the location of the land division and for the type of development and use contemplated, and shall be consistent with the lot or parcel size provisions of DCC Title 18 through 21, with the following exceptions: A. In areas not to be served by a public sewer, minimum lot and parcel sizes shall permit compliance with the requirements of the Department of Environmental Quality and the County Sanitarian, and shall be sufficient to permit adequate sewage disposal. Any problems posed by soil structure and water table and related to sewage disposal by septic tank shall be addressed and resolved in the applicant's initial plan. FINDINGS: As discussed above, the proposed subdivision lots are intended for residential development with community water, as contemplated for the TeR Zone. The lots range in size from 22,000 to 56,031 square feet. With the exception of lots on cul-de-sacs, most lots are roughly square or rectangular in shape. Comments from the Environmental Health Division indicate the proposed lots appear large enough to accommodate on-site sewage disposal systems and reserve areas, but will require individual site evaluation approvals to verify their suitability. With the imposition of a condition of approval requiring approved septic site evaluations for all subdivision lots, the Hearings Officer finds the applicant's proposal will satisfy this criterion. n. Section 17.36.180, Frontage A. Each lot or parcel shall abut upon a public road for at least 50 feet, except for lots or parcels fronting on the bulb of a cul-de-sac, then the minimum frontage shall be 30 feet, and except for partitions off of U.S. Forest Service or Bureau of Land Management roads. B. All side lot lines shall be at right angles to street lines or radial Childers PA-04-5/ZC-04-4/TP-04-947 25 Exhibit �} Page 2-C> of ,53_ to curved streets wherever practical. FINDINGS: The revised tentative subdivision plan shows all lots have the required minimum street frontage, and that all lot lines are at right angles or radials to streets, therefore satisfying the criteria in this section. o. Section 17.36.210, Solar Access Performance A. As much solar access as feasible shall be provided each lot or parcel in every new subdivision or partition, considering topography, development pattern and existing vegetation. The lot lines of lots or parcels, as far as feasible, shall be oriented to provide solar access at ground level at the southern building line two hours before and after the solar zenith from September 22nd to March 21st. If it is not feasible to provide solar access to the southern building line, then solar access, if feasible shall be provided at 10 feet above ground level at the southern building line two hours before and after the solar zenith from September 22nd to March 21st, and three hours before and after the solar zenith from March 22nd to September 21st. B. This solar access shall be protected by solar height restrictions on burdened properties for the benefit of lots or parcels receiving the solar access. C. If the solar access for any lot or parcel, either at the southern building line or at 10 feet above the southern building line, required by this performance standard is not feasible, supporting information must be filed with the application. FINDINGS: As discussed above, the layout and orientation of subdivision streets has created a roughly rectangular grid system with north -south streets running parallel with the COID irrigation canals. Because of the southeast -to -northwest orientation of the canals, and the rectangular shape of the subject property, most subdivision lots face east or west. Nevertheless, the Hearings Officer finds the proposed subdivision provides the maximum solar access feasible considering these factors. P. Section 17.36.260, Fire Hazards Whenever possible, a minimum of two points of access to the subdivision or partition shall be provided to provide assured access for emergency vehicles and ease resident evacuation. FINDINGS: The applicant proposes two points of access to the subdivision from the continuation of the existing 13` and 16'h Streets, this satisfying this criterion. q. Section 17.36.300, Public Water System Childers PA-04-5/ZC-04-4/TP-04-947 26 Exhibit Pagel _ of 3� In any subdivision or partition where a public water system is required or proposed, plans for the water system shall be submitted and approved by the appropriate state or federal agency. A community water system shall be required where lot or parcel sizes are less then one acre or where potable water sources are at depths greater than 500 feet, excepting land partitions. Except as provided for in DCC 17.24.120 and 17.24.130, a required water system shall be constructed and operational, with lines extended to the lot line of each and every lot depicted in the proposed subdivision or partition plat, prior to final approval. FINDINGS: The applicant proposes to serve the subdivision lots with domestic water provided by the Terrebonne Domestic Water District. In its comments on the applicant's proposal, the Oregon Health Division indicated the state must approve the subdivision's water system plans prior to construction. Therefore, the Hearings Officer finds that as a condition of approval, and prior to submitting the final subdivision plat for approval, the applicant will be required to obtain state approval of the subdivision water system prior to construction, and to construct the water system so that there is an operational water line to each subdivision lot. I find that with imposition of these conditions of approval the applicant's proposal will satisfy this criterion. 3. Chapter 17.44, Park Development a. Section 17.44.010, Dedication of Land B. For subdivisions or partitions outside of an urban growth boundary, the developer shall set aside a minimum area of the development equal to $350 per dwelling unit within the development, if the land is suitable and adaptable for such purposes and is generally located in an area planned for parks. C. For either DCC 17.44.010 (A) or (B), the developer shall either dedicate the land set aside to the public or develop and provide maintenance for the land set aside as a private park open to the public. b. Section 17.44.020, Fee In Lieu of Dedication A. In the event there is no suitable park or recreation area or site in the proposed subdivision or partition, or adjacent thereto, then the developer shall, in lieu of setting aside land, pay into a park acquisition and development fund a sum of money equal to the fair market value of the land that would have been donated under DCC 17.44.010 above. For the purpose of determining the fair market value, the latest value of the land, unplatted and without improvements, as shown on the County Assessor's tax Childers PA-04-5/ZC-04-4/TP-04-947 27 E hibit of Page 2' -1 roll shall be used. The sum so contributed shall be deposited with the County Treasurer and be used for acquisition of suitable area for park and recreation purposes or for the development of recreation facilities. Such expenditures shall be made for neighborhood or community facilities at the discretion of the Board and/or applicable park district. FINDINGS: The applicant proposes to pay a fee in lieu of park land dedication. In his final arguments, the applicant requested that he be required to pay the park fee for the new subdivision lots on a phase by phase basis. The Hearings Officer finds this request is reasonable. Therefore, I find the applicant will be required as a condition of approval to pay a park fee of $350.00 per lot in lieu of park land dedication for the new subdivision lots within in each subdivision phase. 4. Chapter 17.48, Design and Construction Specifications a. Section 17.48.010, Minimum Standards Established A. Except as otherwise noted, the standard specifications for design and construction contained within DCC 17.48 are the minimum standards governing construction of roads and other improvements and facilities. FINDINGS: The Hearings Officer finds the Terrebonne Road Development Standards in Table 18.66-A of the Title 18 are the controlling standards for the proposed subdivision. b. Section 17.48.050, Road Design The design of roads covered by DCC Title 17 is to be prepared by a registered professional engineer and shall at a minimum conform to the design standards for new or existing roads set forth in Table A of DCC Title 17 (or in the design standards set forth for a particular zone in a zoning ordinance) and shall otherwise conform with AASHTO standards. Base and pavement dimensions set forth in Table A (or in specifications set forth for a particular zone) may be increased by the Road Department Director if necessitated by anticipated traffic volumes. FINDINGS: The revised tentative plan, which includes a subdivision street cross-section design, was prepared by Anderson Engineering & Surveying, which the record indicates employs a registered professional engineer. The Hearings Officer finds the street design depicted on the tentative subdivision plan complies with Terrebonne local residential street standards. Therefore, this criterion is satisfied. C. Section 17.48.070, Horizontal Alignment A. Horizontal curves and tangent distances shall meet current AASHTO minimum standards for all streets except principal arterials, which shall conform to current ODOT standards. Childers PA-04-5/ZC-04-4/TP-04-947 28 Exhibit Page� of ? B. The centerline of road improvements shall coincide with the centerline of the right of way. C. Superelevation shall be designed in accordance with current AASHTO specifications with the maximum superelevation being six percent. d. Section 17.48.080, Vertical Alignment A. Vertical curves shall be designed to be consistent with and complimentary to the horizontal curves. Vertical curves shall be designed in accordance with current AASHTO standards or, for principal arterials, to current ODOT standards. B. Maximum percent of grade shall be as shown in Table A (or in right of way specifications, if any, set forth for a particular zone in a zoning ordinance). (See Table A set out at the end of DCC Title 17.) Minimum grade shall be one half percent for all roads, unless a drainage plan is submitted to and approved by the Road Department Director. C. Angle points shall not be allowed on grade breaks over one percent FINDINGS: The record indicates the proposed subdivision streets meet the standards in these sections. e. Section 17.48.090, Intersections * * * B. Intersecting streets, including driveways to commercial and industrial properties, shall be separated by at least the following distances when the through road is: * * * 3. Local, 100 feet * * *. To be measured between the intersecting centerlines of the streets or driveways. FINDINGS: All streets within the proposed subdivision will be local streets. The Hearings Officer finds all intersections shown on the subdivision tentative plan meet the spacing requirements in this section. f. Section 17.48.100, Minimum Right of Way Width The minimum right of way width is 60 feet unless specified otherwise in Table A (on in any right of way specifications set forth for a particular zone in a zoning ordinance). Childers PA-04-5/ZC-04-4/TP-04-947 29 Exhibit FIN Page of 33— FINDINGS: The record indicates the minimum right-of-way width established in the Terrebonne street standards is 60 feet. The revised tentative subdivision plan shows all subdivision streets meet this standard. g. Section 17.48.130, Road Names All roads shall be named in conformance with the provisions of the Deschutes County uniform road naming system set forth in Deschutes County Code Title 16. FINDINGS: The Hearings Officer has found that as a condition of approval the applicant will be required to obtain county approval of all street names before submitting the final subdivision plat for approval. h. Section 17.48.160, Road Development Requirements - Standards A. Subdivision Standards. All roads in new subdivisions shall either be constructed to a standard acceptable for inclusion in the county maintained system or the subdivision shall be part of a special road district or a homeowners association in a planned unit development. B. Improvements of Public Rights of Way. 1. The developer of a subdivision or partition will be required to improve all public ways that are adjacent or within the land development. 2. All improvements within public rights of way shall conform to the improvement standards designated in this title for the applicable road classification, except where a zoning ordinance sets forth different standards for a particular zone. FINDINGS: The applicant proposes, and will be required as a condition of approval, to improve all subdivision streets to the county's standards for local residential streets in Terrebonne. The record indicates there are no adjacent public ways. C. Primary Access Roads. The primary access road for any new subdivision shall be improved to the applicable standard set forth in Table A (or the applicable standard set forth in a zoning ordinance). The applicable standard shall be determined with reference to the road's classification under the relevant transportation plan. For the purposes of DCC 17.48.160 a primary access road is a road leading to the subdivision from an existing paved county, city or state maintained road that provides the primary access to the subdivision from such a road. FINDINGS: The applicant proposes, and will be required as a condition of approval, to provide primary access to the subdivision via continuations of 13'' and 16`x' Streets from the southern to northern subdivision boundaries. As discussed above, the applicant will be required as a Childers PA-04-5/ZC-04-4/TP-04-947 30 Exhibit R Page of r. condition of approval to dedicate and improve subdivision streets in accordance with the Terrebonne local residential street standards. F. Cul-de-sacs. Cul-de-sacs shall have a length of less than 600 feet, unless a longer length is approved by the applicable fire protection district, and more than 100 feet from the center of the bulb to the intersection with the main road. The maximum grade on the bulb shall be four percent. FINDING: As discussed above, the Hearings Officer has found the "bulbs" at the intersections of 12 h Street with "A" and `B" Streets do not constitute cul-de-sacs as defined in Section 17.08.030 because they have more than one end open to traffic. The three true cul-de-sacs near the eastern boundary of the subdivision at the east ends of "A" Street, `B" Court and 18a` Court measure less than 600 feet long from the nearest cross street, and therefore satisfy this criterion. i. Section 17.48.175, Road Development Requirements - Unincorporated Communities A. Standards 2. In the Terrebonne Rural Community, all improvements to public rights of way shall conform to the road development standards for Terrebonne in Table A of DCC Title 17, except for improvements to roads servicing parcels of 10 acres or greater created by a partition. FINDINGS: As discussed above, the applicant has proposed, and will be required as a condition of approval, to dedicate and improve all subdivision streets to conform to the requirements of the Terrebonne Road Development Standards set forth in 18.66 (Table A). 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 from TeR-5 to Tef , and tentative subdivision plan for a 94 -lot subdivision on the subject property, SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: This approval is based upon the submitted application, burden of proof, revised tentative plan dated June 2004, and supporting evidence. Any substantial change to the approved tentative plan will require additional land use applications, review and approval. PRIOR TO SUBMITTING THE FINAL SUBDIVISION PLAT FOR APPROVAL 2. The applicant/owner shall obtain an approved septic site evaluation for each lot within each subdivision phase as that phase is platted, and shall submit written documentation of that approval to the Planning Division. Childers PA-04-5/ZC-04-4/TP-04-947 31 Exhibit Page -i31_of3 The applicant/owner shall pay all ad valorem taxes, fees, and other charges that have become a lien upon the entire parcel prior to final subdivision plat approval. 4. The applicant/owner shall dedicate and improve all subdivision streets in compliance with the county's standards for Terrebonne local residential streets set forth in Section 18.66 Table A of the Deschutes County Code. The applicant/owner shall obtain county approval of all subdivision street names. 6. The applicant/owner shall obtain approval of the subdivision name "Angus Acres" from the Deschutes County Surveyor. 7. The applicant/owner shall install all required utilities to the specifications of the utility providers. 8. The applicant/owner shall submit to the Planning Division written documentation from the Redmond Fire Department that the stubbed -off ends of 13'h and 16th Streets at the northern boundary of the subdivision meet the fire department's minimum standards for fire and emergency apparatus turnarounds. 9. The applicant/owner shall pay the applicable park fee of $350 per lot in lieu of park land dedication for each new subdivision lot within each subdivision phase as that phase is platted. 10. The applicant/owner shall apply for annexation to the Terrebonne Domestic Water District, install water lines in the streets and to each subdivision lot as required by the district, and submit written documentation from the district to the Planning Division that the subject property has been annexed and that the required water system improvements have been installed. 11. The applicant/owner shall obtain approval from the Oregon Health Division for the subdivision water system prior to construction. 12. The applicant/owner shall complete a water rights transfer of the subject property's water rights through the Central Oregon Irrigation District. 13. The applicant/owner shall satisfy all of the fire protection requirements set forth in the Redmond Fire Department's May 17, 2004 written comments, and shall submit to the Planning Division written documentation from the fire department that these requirements have been met. WITH OR ON THE FINAL SUBDIVISION PLAT 14. The applicant/owner shall prepare the final subdivision plat in accordance with the requirements of Chapter 17.24 of the Deschutes County Code and ORS Chapter 92. The final plat shall be prepared by a licensed surveyor and shall show all property corners and public rights-of-way and the exact size of each lot. Childers PA-04-5/ZC-04-4/TP-04-947 32 Exhibit ft Page 2- of03 15. The applicant/owner shall show on the final plat all existing easements of record, including all Central Oregon Irrigation District easements, and shall label all public utility easements on the final plat as "public utility easements." 16. The applicant/owner shall show a water right statement on the final plat signed by a representative of the Central Oregon Irrigation District. 17. The applicant/owner shall show on the final plat the 100 -foot buffer zone and no -build notation along the northern subdivision boundary. 18. The applicant/owner shall submit a title report with the final plat. Dated this c' k day of August, 2004. Mailed this day of September, 2004. Ae Karen H. Green,'Hearings Officer SECTION 22.28.030 OF THE DESCHUTES COUNTY DEVELOPMENT PROCEDURES ORDINANCE PROVIDES THAT PRIOR TO BECOMING EFFECTIVE, ALL QUASI- JUDICIAL PLAN AMENDMENTS AND ZONE CHANGES SHALL BE ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS. Childers PA-04-5/ZC-04-4/TP-04-947 33 Exhibit ft Page zjjnL of ..■ DISCLAMER: lne iMormelion an In's mapvrea tlemnam tlgYal Ealaeaeea on Do G.I S. (:ere vns taken'n tM creeiion d tM1is rep,M a. D—h-.Cn,, ¢eN any responsiNlly lar erton, omssiona. «povliwl accurxy M the eg[al EMawtrsre.e«ynn«IM1,meunMbreryyirpor , Apoarer In— vino— w«nypin ii—ion ..ntlutMa. errors yAlMappreoaleE. Flb N1CUSomlCourRy..—...ky-vin\1a131600001-1r _PA -o —_Z -,.—d Zone Change From TER5 To TER �`►�III � 11 ■� ■ ■ j� _It° ■.;■.E� �, e■i�''i' ■ ii :� :� � r is � TERREBONNE RURAL COMMUNITY PROPOSED ZONING MAP Exhibit B to Ordinance ZC-2004-009 WE 0 330 660 1,320 1,980 Feet BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Dated this day of November, 2004 Effective Date: February _, 2004 ST Legend Parcels Commercial Commercial - Rural Railroad Residential -5 Acre Minimum OSubject Property O Residential Medium Density DISCLAMER: lne iMormelion an In's mapvrea tlemnam tlgYal Ealaeaeea on Do G.I S. (:ere vns taken'n tM creeiion d tM1is rep,M a. D—h-.Cn,, ¢eN any responsiNlly lar erton, omssiona. «povliwl accurxy M the eg[al EMawtrsre.e«ynn«IM1,meunMbreryyirpor , Apoarer In— vino— w«nypin ii—ion ..ntlutMa. errors yAlMappreoaleE. Flb N1CUSomlCourRy..—...ky-vin\1a131600001-1r _PA -o —_Z -,.—d Zone Change From TER5 To TER �`►�III � 11 ■� ■ ■ j� _It° ■.;■.E� �, e■i�''i' ■ ii :� :� � r is � TERREBONNE RURAL COMMUNITY PROPOSED ZONING MAP Exhibit B to Ordinance ZC-2004-009 WE 0 330 660 1,320 1,980 Feet BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Dated this day of November, 2004 Effective Date: February _, 2004 ST Zone Change From TER5 To TER BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Dated this day of Novernbar, 2004 Effedi-Data: Feb—ry,2000 Nwem4r li, 2Wa ST TERREBONNE RURAL COMMUNITY Legend PROPOSED ZONING MAP OParcels Commercial Commercial -Rural Railroad Exhibit B OResidential - 5 Acre Minimum oSubject Property O Residential Medium Density to Ordinance ZC-2004-009 DISCLAIMER: N WE lila inlwrmbn on IM1i mepvge derived Iron d'pYal dabbwaan OaecM1Nes Gunry'a G.I.S. Gra vm bYen n tM cmWion al tM1ia map, but i k laavided -ez'a . DeuM1Nen County "`CCC"'\\\111I`II"`YYY S M adapt am reaps atary lorenws, omisona, w poail 1—.— in IM1e dig dab wtM urNxlyirp rxwda. TM1xe are nowamnlea,erylesswimpliE, ntlutilp tlq xvmnry d nwwtlunlebiRy w rtlmss b a pNYvir Wrpoee, awwnrmnyilq tM1i pod W. Hwxvx, rwtd ion of any arms wil be aPpedalad. 0 330 660 7,320 1,980 Fi NVGutlom\Cw�nry\CDVYbnninpNevin\1a131600001e0�ZC_PA\P�opoaetl Zanip.lmd Feet BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Dated this day of Novernbar, 2004 Effedi-Data: Feb—ry,2000 Nwem4r li, 2Wa ST