2019-493-Order No. 2019-048 Recorded 12/19/20191
_ Recorded in Deschutes County CJ2019-493
REVIEWED Nancy Blankenship, County Clerk
mraz Commissioners' Journal 12/19/2019 2:36:09 PM
LEGAL COUNSEL `>`3" �S C°1 II � I I II II IIII II I I II II I II I III III
2019-493
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Assigning the Name of Nary Lane to a
Public Road Extending Approximately 1,125 Feet * ORDER NO.2019-048
South of Walker Road.
WHEREAS, Heidi Narver applied to assign a road name pursuant to Deschutes County's Code, Title
16, Addresses and Road Names, to assign the name of Nary Lane to a 30-foot-wide public road located in
Township 17 South, Range 14 East, Section 34AA, 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 Nary Lane be assigned to a 30-foot-wide public road to provide access
to the east edge of the property at Township 17 South, Range 14 East, Section 34AA, Tax Lot 100, as set forth
in Exhibit "A" and Exhibit `B," attached hereto and incorporated herein.
Dated this of , 201 1
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DE CHUTES COUNTY, ORE90N
PHI
ILIP G. HIP14DERSON, Chair
PATTI ADAIR, Vice Chair
ANTHONY DeBONE, Commissioner
PAGE 1 OF 1- ORDER No. 2019-048
FINDINGS AND DECISION
FILE NUMBER: 247-19-000574-RN
APPLICANT: Heidi Narver
REQUEST: The applicant requests to establish the name Nary Road for a 30-foot-
wide public road located south of Walker Road along the east edge of
the property at Township 17, Range 14, Section 34AA, Tax Lot 100. The
public road terminates approximately 1,125 feet south of Walker 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 30-foot wide public road which was dedicated for public
road and utility purposes. The public road begins on the south side of Walker Road and
extends roughly 1,125 feet to the south. The area is located in the Bend postal area, and is
further described as being in the northeast quarter of the northeast quarter of Township 17
S, Range 14 E, Section 34AAC, and Tax Lot 100.
Pursuant to Deschutes County Code (DCC) 16.16.030, the applicant, Heidi Narver, initiated
the application to establish the name for the public road on July 18, 2019.
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; Prineville office, Bureau
of Land Management (BLM); Property Address Coordinator, and the Watermaster).
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
PUBLIC AGENCY COMMENTS:
Property Address Coordinator - Traci Griffin, in Nov. 1, 2019, e-mail, Peter - Per
16.16.030(E)(2)(d), this right of way will need to be either Lane or Terrace. Lane is probably most
appropriate for the area.
Central Oregon Irrigation District - Kelly O'Rourke, Land Use Specialist, in Nov. 8, 2019, e-
mail, Please be advised that Central Oregon Irrigation District (COID) has reviewed the provided
application dated October 30, 2019 of the above referenced project. COID does not have
comments related specifically to the applicants request to establish the name Nary Road for a
30 foot -wide public road as described in the application. Our response is based on the
information provided and is subject to change. Additional requirements may be made as site
planning progresses or additional information becomes available.
Please note that COID's main canal, Central Oregon Canal, is located within the vicinity of the
subject property; contact COID if any work will be done near the COID facilities.
No other agencies responded.
PUBLIC COMMENTS: Notice was sent to the two properties that abut the public road per
DCC 16.16.030(B), one of which is the applicant's and the other is the BLM. No comments
were received. The posted sign did generate a few phone calls asking about the proposal,
but no written comments were received.
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
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 public road provides access to two lots, including the Deschutes County Alfalfa Transfer
and Recycling Station. A dirt road connects to the dedicated public right of way, ultimately reaching
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 2 of 8
Reynolds Pond, a recreational site on Bureau of Land Management (BLM) land. While there is a gravel
road to the pond, the right of way dedicated to Deschutes County does not extend onto BLM land.
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 Heidi Narver, an adjacent property owner at 25695
Walker Road, aka County Assessor Map 17-14-34AA, Tax Lot 100. The propertywas created at Parcel
2 by MP-05-14/CU-05-48 and recorded as Partition Plat 2006-020 and reconfigured by LL-08-11.
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 Ms. Narver contained the required information and the
required fee. The application described the location of the public right of way. The public right of
way was dedicated to the public on October 16, 2006, and accepted by the Board of County
Commissioners on January 3, 2007. The dedication appears on the tax map as DED 2007-00713.
The public road dedication was recorded in the Commissioners Journals under Document 2007-
1423 (8/08/2007). Staff reviewed the four proposed names with the Property Address Coordinator
and found all were acceptable; staff selected the applicant's second choice, Nary Road, but modified
the name to Nary Lane for reasons explained below under DCC 16.16.030. The reason for the name
request is the applicant wishes to access her property from the public right way on the east side of
the property rather than Walker Road. The applicant has cited safety concerns of using an access
to Walker Road. Naming the public right of way will ensure adequate response to the site for
emergency responders.
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
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 3 of 8
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.
C. Persons receiving notice under DCC 16.16.030(B) shall promptly notify any
tenants or other occupants of the affected property of the proposed road
name assignment.
FINDING: Staff received no written comments from the noticed public; staff notes the affected
property is vacant and the property owner is the applicant.
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 no written 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, as modified, 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 -ending in a turnaround 1,000 feet or less from their
beginning points shall be called "courts."
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."
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 4 of 8
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."
i. 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 save one. Specifically, the public
right of way is of a reduced width, 30 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. Thus to conform to DCC
16.16.030(E)(2)(d) the name shall be Nary Lane, according to the Property Address Coordinator.
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 Nary Road is a public right of way dedicated to the County under a Deed
of Dedication on October 16, 2006, and accepted by the Board of County Commissioners on January
3, 2007, and appears on County Assessor Tax Map 17-14-34AA as DED 2007-00713. Staff
coordinated with the Property Address coordinator to ensure the name was not duplicative or
confusing. The 30-foot wide public road appears on CS 17273 dated February 14, 2007. Staff
conducted a site visit. Staff noticed the appropriate entities and considered the submitted
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, Nary Lane.
G. Notice of Staff Decision. Following assignment of a road name by the
Community Development Department, notice of the road name assignment
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 5 of 8
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 Board Order 2019-048 once the
appeal process has ended.
�. 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
f. Affected telephone and other utilities
g. Affected fire department(s)
h. Local school district(s)
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 6 of 8
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.
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.
DECISION:
APPROVAL, subject to the following conditions of approval.
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.
DESCHUTES COUNTY PLANNING DIVISION
p4k-'�' rw*�
Written by: Peter Russell, Senior Transportation Planner
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 7 of 8
Reviewed by: Peter Gutowsky, Planning Manager
Exhibit B, BOCC Order 2019-048, (File 247-19-000574-RN Nary Lane)
Page 8 of 8