Loading...
2018-501-Order No. 2018-077 Recorded 12/14/2018I Recorded in Deschutes County CJ2018-501 WED Nancy Blankenship, County Clerk Ek Commissioners' ,Journal 12/14/2018 11:26:47 AM LEGAL COUNSELco iij I) I I II I (I'I) II II I I II I I II I I I III v1 ES �gz < 2018-501 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Assigning the Name of Lone Pony Lane to a Private Easement Located Approximately * ORDER NO. 2018-077 1,244 Feet North of Alfalfa Market Road and Extending Approximately 991 Feet West of Waugh Road. WHEREAS, Andrew Hood applied to assign a road name pursuant to Deschutes County's Code, Title 16, Addresses and Road Names, to assign the name of Lone Pony Lane to a private access easement located in Township 17 South, Range 13 East, Section 28C, W.M.; and WHEREAS, all public notices required to be given under 16.16.030(B) regarding the proposed name have been given; and WHEREAS, the appeal period for appealing the Community Development Department's approval expired; and WHEREAS, DCC 16.16.030(I) requires the road names be assigned by order of the Board of County Commissioners; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That the name of Lone Pony Lane be assigned to a private easement located approximately 1,244 feet north of Alfalfa Market Road and extending approximately 991 feet west of Waugh Road, as set forth in Exhibit "A" and Exhibit "B", attached hereto and incorporated herein. Dated this of i .2C (-, 20) AT ecording Secretary PAGE 1 OF 1- ORDER No. 2018-077 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE Chair en PHILIP G. HE RSON, Vice Chair TAMMY BANEY, ComfNssioner Exhibit A Board Order 2018-077 EXHIBIT B FINDINGS AND DECISION FILE NUMBER: 247 -18 -000672 -RN APPLICANT: Andrew Hood REQUEST: The applicant requests to establish the name Lone Pony Lane for a 50 - foot -wide private easement located approximately 1,244 feet north of Alfalfa Market Road and extending approximately 991 feet west of Waugh Road. STAFF CONTACT: Peter Russell, Senior Transportation Planner APPLICABLE CRITERIA: Title 16 of the Deschutes County Code, Addresses and Road Names: Chapter 16.16, Road Naming BASIC FINDINGS: LOCATION: The subject area is a 50 -foot wide private easement for access and begins roughly 1,244 feet north of Alfalfa Market Road then extends approximately 991 feet west of Waugh Road. The area is located in the Bend postal area, and is further described as being in the southwest quarter of Township 17 S, Range 13 E, Section 28C, and Tax Lots 200, 300, 501, 600, 1101, and 1200. The proposed name, Lone Pony Lane, will be applied to the private access easement which appeared on County Survey (CS) 01384 (11/15/65). The 50 -foot wide private easement was recorded under Document 93-07771 (3/11/93) and appears in Deschutes County Clerk Records Volume 292, Page 2373. Pursuant to Deschutes County Code (DCC) 16.16.030, the applicant, Andrew Hood, initiated the application to establish the name for the recorded easement on August 21, 2018. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 `(541)388-6575 @cdd@deschutes.org 00www.deschutes.org/cd Notice of this proposed road naming was mailed out to public agencies that provide services in this area (Bend Fire Department; Central Electric Cooperative; Deschutes County Assessor; Deschutes County Road Department; Deschutes County Surveyor; Property Address Coordinator, and the Watermaster). The following agencies did not respond to the transmittal notice or had no comment: Bend Fire; Central Electric Cooperative; Deschutes County Assessor; Deschutes County Road Department; Deschutes County Surveyor; Property Address Coordinator, and the Watermaster. PUBLIC COMMENTS: Notice was sent to the four properties that abut the private easement per DCC 16.16.030(B). Staff received two public comments and both parties own and/or reside on property abutting the private easement. PK and Gary Winburn, in a letter dated September 23, 2018, supported the proposed name. Michael and Mischelle Pack in a letter dated September 25, 2018, opposed the road name, listing a variety of reasons. These included possible disruption of the impending sale of their property; questioned the right of the applicant to legally use the easement; stated additional development would increase the maintenance costs for this private easement now borne by the Packs; any monetary gain would benefit the applicant and not the Packs; and that not every property owner was approached about the road naming application prior to its filing. (Staff notes the majority of the issues raised - impending sale, maintenance costs, potential monetary gains, outreach to all adjacent property owners - are not approval criteria under DCC 16.16.030(E and F). Staff addresses the issues which are tied to approval criteria below.) CONCLUSIONARY FINDINGS: CHAPTER 16.16, ROAD NAMING Section 16.16.010, Road Naming Authority A. Deschutes County, through the Community Development Department, shall have the authority to and shall assign road names to roads requiring names as provided in DCC 16.16. FINDING: Deschutes County's Planning Division reviewed the road name application consistent with the requirements of DCC 16.16. 16.16.020, Unnamed Roads Exhibit B, BOCC Order 2018-077, (File 247 -18 -000672 -RN Lone Pony Lane) Page 2 of 8 All unnamed public and private roads and other roadways which provide access to three or more tax lots, or which are more than 1,320 feet in length, shall be assigned a name in accordance with the procedures in DCC 16.16.030. FINDING: The existing private easement provides access to five tax lots which lie to the west of Waugh Road and are currently addressed as 62515, 62505, 62509, and 62499 Waugh Road; another lot accessed by the easement is addressed as 22960 Alfalfa Market Road. All five properties are served by a mutual easement, 93-07771. 16.16.030, Procedures for Naming New Roads A. Application. 1. The naming of a road may be initiated by the Community Development Department, Planning Commission, the Board, or by application of adjacent property owners, developers, or public agencies which may be affected by road names. FINDING: This application was initiated by Andrew Hood, an adjacent property owner. Mr. Hood purchased the land from Roy Moore, whose property was granted the private easement previously identified. Mr. Hood owns the property at 22960 Alfalfa Market Road 17-13-28C, Tax Lot 1101, which actually abuts the south edge of the easement. 2. An application to name a road shall be submitted to the Community Development Department and shall include, at a minimum, the following. a. Name of applicant, b. Location of road by description and or map, C. Legal status of road, if known; d. Proposed road name, with two alternate proposed names; e. Reason for name request, f. Petition(s) attached, if any, and g. Fee, if any, as established by the Board. FINDING: The application submitted by Mr. Hood contained the required information and the required fee. The application described the location of the private easement. Staff reviewed the legal status of the private easement and the four proposed names with the Property Address Coordinator and found all were acceptable; staff selected the applicant's preferred choice, Lone Pony Lane. The reason for the name request is to ensure adequate response to the site for emergency responders by providing a named road that extends east from Waugh Road. While the properties are addressed as Waugh Road, or Alfalfa Market in one case, only one property actually abuts Waugh Road. That property on its east side abuts Waugh and on its south abuts the private easement. The current Waugh addresses could be confusing and delay emergency responders. Exhibit B, BOCC Order 2018-077, (File 247 -18 -000672 -RN Lone Pony Lane) Page 3 of 8 B. Notice of a proposed name assignment shall be sent to all persons owning property abutting the affected road or having an address on the affected road. Such notices shall be sent within 10 days of the receipt of an application, if any, or other action initiating the proposed road name assignment. FINDING: Staff mailed notice to the appropriate Deschutes County and City of Bend departments as well as private properties which abut or have an address on the affected property. Notice was sent within the required time period. C. Persons receiving notice under DCC 16.16.030(8) shall promptly notify any tenants or other occupants of the affected property of the proposed road name assignment. FINDING: As stated above, staff received two comments from the noticed public. D. Any person receiving notice under DCC 16.16.030(B) above may comment in writing on the proposed name within 10 days from the date of notice. FINDING: As stated above, staff received two comments from the noticed public. E. Standards 1. General. The proposed road name shall. a. Be limited to a maximum of two words. b. Not duplicate existing road names, except for continuations of existing roads. C. Not sound so similar to other roads as to be confusing. d. Not use compass directions such as North, East, South, etc., as part of the road name. e. Not use designations such as Loop, Way, Place, etc., as part of the road name. f. Improve or clarify the identification of the area. g. Use historical names, when possible. h. Reflect a consensus of sentiment of affected property owners and occupants, when possible, subject to the other standards contained in DCC 16.16.030. FINDING: The proposed name complies with these standards. 2. Particular Roads. The proposed road name shall also conform to the following standards: a. North/South roads shall be called "roads" or "streets." b. East/West roads shall be called "avenues." C. Roads dead-endingin a turnaround 1,000 feet or less from their beginning points shall be called "courts." Exhibit B, BOCC Order 2018-077, (File 247 -18 -000672 -RN Lone Pony Lane) Page 4 of 8 d. Roads of reduced right-of-way or curving roads of less than 1,000 feet shall be called "lanes" or "terraces." e. Curving roads longer than 1,000 feet shall be called "drives" or ,,trails." f. Roads that deviate slightly from the main course of a road with the same name, are less than 1,000 feet in length, shall be called "places." g. Roads that are four lanes or more shall be called "boulevards." h. Historical roads shall be called "market roads." L Roads running at oblique angles to the four points of the compass, less than 1,000 feet in length, shall be called "ways." (See Appendix "D," attached hereto.) j. Roads that begin at and circle back onto the same road, or that are circular or semicircular, shall be called "circles" or "loops." FINDING: The submitted name complies with these standards. Specifically, the public easement is of a reduced width, 50 feet, whereas the County standard for the right of way is 60 feet in width for a local road, according to DCC 17.48.050(A) and Table A. Additionally, the easement is less than 1,000 feet long. F. Staff Review and Road Name Assignment., The Community Development Department shall review road name applications and shall assign road names under the following procedure: 1. Verify legal status of road with the County Clerk's office and Road Department. 2. Check proposed road name(s) to avoid duplication or confusing similarity with other existing road names, with those on approved preliminary land divisions and with those approved for future use. 3. Perform afield check, when necessary. 4. Assist the applicant or other affected person(s) to find alternate names when required. 5. Notify appropriate persons, departments and agencies of the road name application, and request comments. 6. Review and consider all comments submitted. 7. Assign a road name in accordance with the standards set forth in DCC 16.16.030(E) above. FINDING: The proposed Lone Pony Lane is a mutual easement that benefits five properties. The 50 -foot wide easement first appeared on CS 03184 dated November 19, 1965. The easement, 93- 0771, was recorded March 8, 1993, and appears in Deschutes County Records Volume 292 Page 2373. One of the original beneficiaries was Roy Moore who subsequently sold his property to Andrew Hood, the current applicant. Staff noticed the appropriate entities and received no department or agency comments, but did receive two public comments. Staff coordinated with the Property Address Coordinator in the naming process. The submitted names and the review process complies with these requirements, as does the selected name, Lone Pony Lane. Exhibit B, BOCC Order 2018-077, (File 247 -18 -000672 -RN Lone Pony Lane) Page 5 of 8 G. Notice of Staff Decision. Following assignment of a road name by the Community Development Department, notice of the road name assignment shall be sent to all persons entitled to notice under DCC 16.16.030(B). FINDING: Staff will mail notice of the decision to the entitled parties. H. Appeal. Affected property owners and occupants shall have the right to appeal the assignment of a road name by the Community Development Department. Such appeals shall be conducted in accordance with the provisions of the Deschutes County Development Procedures Ordinance, except where the provisions of DCC 16.16.030 conflict with the procedures ordinance, in which case the provisions of DCC 16.16.030 shall apply. Affected property owners and occupants shall have 10 days from the date of the staff decision in which to file an appeal. Issues on appeal shall be limited to whether the Community Development Department correctly applied the criteria set forth herein. FINDING: Staff will abide by this section, should a timely appeal be filed by an entitled party as defined by this section. 1. A road name assignment becomes final when no further right of appeal established herein is possible. Within 10 days of the road name assignment becoming final, the Board shall sign an order establishing the road name as assigned by the Community Development Department. FINDING: The road name assignment will became final under a Board Order once the appeal process has ended. J. The affected property owners and occupants shall have 180 days from the date of the Board order of road name assignment to begin using the road name. FINDING: This is not a requirement of the Planning Division, but the decision will reference this language. K. Notice of Decision. Following the order of the Board naming a road, the Community Development Department shall. 1. Notify the applicant requesting the road name of the action 2. Send copies of the order naming the road to the following. a. Road Department b. Assessor's Office and Tax Office C. Postmaster d. Planning Department e. County Clerk's office Exhibit B, BOCC Order 2018-077, (File 247 -18 -000672 -RN Lone Pony Lane) Page 6 of 8 f. Affected telephone and other utilities g. Affected fire department(s) h. Local school district(s) i. Emergency services, i.e., police, fire, 911, etc. 3. File the original order naming a new road with County Clerk 4. On a monthly basis, the Community Development Department shall publish a list of changed road names in a newspaper of general circulation designated for the purpose of the Board. FINDING: Staff shall provide the required notices to the required entities. 4. 16.16.040. Procedures and Standards for Changing Existing Road Names. FINDING: The application is to name a private road easement which at time of the application had no name; therefore this requirement does not apply. IV. CONCLUSION: Based upon the above findings, it appears that all relevant criteria and standards established for a road name of this type have been satisfied. V. DECISION: APPROVAL, subject to the following conditions of approval. VI. CONDITIONS OF APPROVAL: 1. Deschutes County Road Department will coordinate the posting of a new road sign with the Property Address Coordinator. 2. Deschutes County Community Development Department will notify the affected public agencies of this new road name. 3. The property owners along this road will be notified of this name assignment. VII. DURATION OF APPROVAL: This decision becomes final ten (10) days after the date mailed, unless appealed by a party of interest. Exhibit B, BOCC Order 2018-077, (File 247 -18 -000672 -RN Lone Pony Lane) Page 7 of 8 DESCHUTES COUNTY PLANNING DIVISION P44t�*' rw*� Written by: Peter Russell, Senior Transportation Planner Reviewed by: Peter Gutowsky, Planning Manager Exhibit B, BOCC Order 2018-077, (File 247 -18 -000672 -RN Lone Pony Lane) Page 8 of 8 S Deschutes County Board of Commissioners l G ' 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Business Meeting of December 12, 2018 DATE: December 4, 2018 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: Consideration of Board Order No. 2018-077, to Name a Private Easement as Lone Pony Lane RECOMMENDATION & ACTION REQUESTED: Approve consent calender item to name a 50 -foot private easement as Lone Pony Lane. BACKGROUND AND POLICY IMPLICATIONS: Andrew Hood, a property owner along the 50 -foot wide private easement, applied in File 247- 18-000672 to name the private easement Lone Pony Lane. The private easement is approximately 1,244 feet north of Alfalfa Market Road and extends roughly 991 feet west of Waugh Road. The private easement serves Tax Lots 200, 300, 501, 600, 1101, and 1200 in Township 17S, Range 13E, Section 28C. The private easement appears on County Survey (CS) 01384 and was recorded as Document 93-0771 in Deschutes County Clerk Records Volume 292, Pages 2373. The application was initiated on August 21, 2018, and a findings and decision approving the name Lone Pony Lane was issued October 24, 2018. The appeal period has passed and the name was not apealed. Under Deschutes County Code (DCC) 16.16, Road Naming, the Board must then approve an order assigning the approved name. FISCAL IMPLICATIONS: None ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD. Please place this item on the Consent Agenda, but I will be present regardless..