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2020-369-Order No. 2020-055 Recorded 10/29/2020Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal CJ2020-369 10/29/2020 9:21:48 AM REVI-WED LEMGM, COUNSEL 2020-369 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Assigning the Name of Verheyden Ranch Drive to a Private Road Which Extends From Bull Springs Road to USFS Road #4606, aka the Brooks Scanlon Road. * ORDER NO.2020-055 WHEREAS, James and Jean Verheyden applied to assign a road name pursuant to Deschutes County's Code, Title 16, Addresses and Road Names, to assign the name of Verheyden Ranch Drive to a private road located in Township 17 South, Range 11 East, Section 00, 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 Verheyden Ranch Drive be assigned to a private road to provide access to the Verheyden properties at Township 17 South, Range 11 East, Section 00, as set forth in Exhibit "A" and Exhibit "B," attached hereto and incorporated herein. Dated this of —�, 20 ATTESfC ecording Secretary PAGE 1 of 1- ORDER No. 2020-055 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON PATTI ADAIR, Chair Legend �f Verheyden Ranch Drive Parcel Exhibit A Verheyden Ranch Drive T17S, R11E, W.M. Deschutes County SPRINGS RD Board Order 2020-055 0 0.125 0.25 0.5 Miles Verheyden Ranch Drive MCLAMER: Thembrtnalion on tho mapwas d,dwy from digiblda-as DesGr County. G.I S. Care was takenm the rs Ibnof M map,bu it is predded'as e'. De.Mulea County tbnrolaarepl eny responaibililybrertom.omiaaiora, or poshionel accuracy n tho tligtlel data or Ne umedNrq remrds. Thare are ro rtanties, oxdi.I., implied, inGutlin nyngarmnlyofinemterlabiliryor fibesa forap illblarrpnP. acmmpanyng th's pmduG. Howe\er, mdfirafion of anyertora will be appredaletl. October 15, 2020 N:\.\Paledueel\RoadNameChangm\VerhetlaMroedFia\Veoden_Ra Dr.mxd FINDINGS AND DECISION FILE NUMBER: 247-20-00570-RN APPLICANT: James and jean Verheyden REQUEST: The applicant requests to establish the name Verheyden Ranch Drive for a private road which extends between Bull Springs Road and USFS Road #4606, aka the Brooks Scanlon Road. STAFF CONTACT: Peter Russell, Senior Transportation Planner I. APPLICABLE CRITERIA: Title 16 of the Deschutes County Code, Addresses and Road Names: Chapter 16.16, Road Naming II. BASIC FINDINGS: LOCATION: The subject area is a private road which serves eight properties owned by the applicant. The area is located in the Bend postal area. The private road extends between Bull Springs Road and USFS Road #4606, aka the Brooks Scanlon Road, near the northwest edge of Bend. The private road provides access to either Bull Springs Road or USFS Road #4606 for eight rural properties. The road's location is further described as being in Township 17S, Range 11 E, Section 00. Pursuant to Deschutes County Code (DCC) 16.16.030, the applicants, James and Jean Verheyden, initiated the application to establish the name for the private road on August 19, 2020. 117 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 The affected properties include: ADDRESS LEGAL DESCRIPTION' 18650 Bull Springs Road 17-11-00, Tax Lot 2724 18670 Bull Springs Road 17-11-00, Tax Lot 4303 No address 17-11.-00, Tax Lot 4300 18680 Bull Springs Road 17-11-00, Tax Lot 4303 18400 Bull Springs Road 17-11-00, Tax Lot 4305 18400 Bull Springs Road 17-11-00, Tax Lot 4306 No address 17-11-00, Tax Lot 4307 No address 17-11-00, Tax Lot 4308 Notice of this proposed road naming was mailed out to public agencies that provide services in this area (Bend Fire Department; Pacific Power and Light; Deschutes County Assessor; Deschutes County Road Department; Deschutes County Surveyor; Property Address Coordinator, and the Watermaster) and the tax lots which either adjoin the private road or use it to access either Bull Springs Road or USFS Road #4606. PUBLIC AGENCY COMMENTS: Bend Fire Department in its September 4, 2020, response stated approved address numbers or building identification numbers must comply with certain requirements for font, size, and illumination. The signs are available through Deschutes Rural Fire Protection District #2 and an address sign application is available through http://www.bendoregon.gov/governrtnenL/depar Lments/fir e-rescue/iiifor I i IdLiui I - and-documents/address-signs or by calling 541-388-6309. PUBLIC COMMENTS: Notice was sent to the 10 properties that abut the private road per DCC 16.16.030(B), eight of which are the applicant's. Applicant noted by e-mail on September 27 that properties 17-11-00, Tax Lott 4301 (USFS Road 4606) and 17-11-00, Tax Lot 2709 (18700 Bull Springs Road) are accessed by roads other than the proposed Verheyden Ranch Drive. The Property Address Coordinator via an October 1 e-mail agreed. Thus, while those properties were initially noticed as being affected by the road naming - and did not comment - their current addresses will remain unchanged. No other comments were received. III. 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. Board Order 2020-055, Exhibit B (Verheyden Ranch Dr) Page 2 of 8 FINDING: Deschutes County's Planning Division reviewed the road name application consistent with the requirements of DCC Chapter 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 private road provides access to eight lots. 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 byJames and Jean Verheyden, an adjacent property owner at 18400 Bull Springs Road, aka County Assessor Map 17-11-00. 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 August 19, 2020, application submitted by the Verheydens contained the required information and the required fee. The application described the location of the private road and the reason for naming it was to increase public safety by having the road named vs. an anonymous red cinder roadway. Staff reviewed the proposed name, Verheyden Ranch Drive, with the Property Address Coordinator and found it acceptable. Naming the private road will ensure adequate response to the site for emergency responders. e. 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 Board Order 2020-055, Exhibit B (Verheyden Ranch Dr) Page 3 of 8 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. These were mailed September 1, 2020. The Property Address Coordinator then identified an additional property (18700 Bull Springs Road, aka 17-11-00, Tax Lot 2709) that should have been sent notice. A notice was sent to that property on September 11. Staff later reviewed the decision after receiving a September 27 e-mail from the applicant and found the 18700 Bull Springs Road had alternate access and did not need to have its address changed. 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 other than the applicant's September 27 e-mail. 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 other than the applicant's September 27 e-mail. 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. z Particular Roads. The proposed road name shall also conform to the following standards: a. North/South roads shall be called "roads" or "streets." Board Order 2020-055, Exhibit B (Verheyden Ranch Dr) Page 4 of 8 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." 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, specifically 16.16.030(E)(2)(e). 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. z 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 Verheyden Ranch Drive is a private road. Staff coordinated with the Property Address coordinator to ensure the name was not duplicative or confusing. Staff conducted an August 26, 2020, site visit with the Property Address Coordinator. 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, Verheyden Ranch Drive. G. Notice of Staff Decision. Following assignment of a road name by the Board Order 2020-055, Exhibit B (Verheyden Ranch Dr) Page 5 of 8 Community Development Department, notice of the road name assignment shall be sent to all persons entitled to notice under DCC 16.16.030(8). FINDING: Staff will mail notice of this 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 2020-055 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 f. Affected telephone and other utilities g. Affected fire department(s) h. Local school district(s) Board Order 2020-055, Exhibit B (Verheyden Ranch Dr) 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. 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 PrnpPrty Address Coordinator. 2. The applicant will work Deschutes County Road Department regarding fees related to the creation and installation of the new road sign. 3. Deschutes County Community Development Department will notify the affected public agencies of this new road name. 4. 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 parry of interest. DESCHUTES COUNTY PLANNING DIVISION P44�4' rw*� Written by: Peter Russell, Senior Transportation Planner Board Order 2020-055, Exhibit B (Verheyden Ranch Dr) Page 7 of 8 Reviewed by: Peter Gutowsky, Planning Manager Board Order 2020-055, Exhibit B (Verheyden Ranch Dr) Page 8 of 8 From: Dr. James Verheyden To: cdd-webmaster; Peter Russell Subject: Private Road Name Questions File # 247-20-000570-RN Date: Sunday, September 27, 2020 5:56:17 PM [EXTERNAL EMAIL] Dear Peter Russell and Peter Gutowsky, Thank you for reviewing and approving the Verheyden Ranch Drive private road. Two of the affected properties, 1711000004301 (63250 USFS Road 4606) and 1711000002709 (18700 Bull Springs Road) do not belong to me and both of those parcels are accessed by different roads than the approved Verheyden Ranch Drive. 18700 Bull Springs Road has an easement through my property, along a road on my eastern property edge. The owner Chris Calande does not have an easement for Verheyden Ranch Drive, never uses Verheyden Ranch Drive, and his parcel does not touch the proposed named Verheyden Ranch Drive. Likewise, 63250 USFS Road 4606, Angi and Kale Garcia, do not have an easement through my property and never use the proposed named Verheyden Ranch Drive. The quickest, shortest, and easiest access to their parcel is via the USFS 4606 Road. I suspect both of these owners also do not want their addresses changed. Keeping their addresses the same also increases public safety since those parcels are not accessed via Verheyden Ranch Drive. I am fine with changing the address for all 8 of my parcels to Verheyden Ranch Drive but request that the above two neighbor parcels keep their addresses as they are please. Thank you again! Also, who picks the new address numbers for my 8 parcels and how does that process work? James Richard Verheyden MD I Hand & Upper Extremity Orthopedic Surgeon The Center ivi erheyden athecenteroregon.com The Center 541-280-4155 (cell) 541-382-3344 (office) } THE CENTER • The information contained in this email message, including any attachments, may be confidential, proprietary, or exempt from disclosure, and is intended solely for the individual or entity to whom it is addressed. If you are not the intended recipient, please note that any dissemination, distribution, use or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by telephone (541.382.3344) or by return e-mail, and delete it from your computer. �O1 E S CO o c Deschutes County Board of Commissioners 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 BOCC Wednesday Meeting of October 28, 2020 DATE: October 20, 2020 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2020-055, Naming a Private Road as Verheyden Ranch Drive RECOMMENDATION & ACTION REQUESTED: Recommend a motion to sign as proposed Board Order 2020-055, an order assigning the name Verheyden Ranch Drive to a private road which extends from Bull Springs Road to USFS Road #4606, aka the Brooks Scanlon Road. BACKGROUND AND POLICY IMPLICATIONS: James and Jean Verheyden submitted an application (File 247-20-000570-RN) to name as Verheyden Ranch Drive a private road that links Bull Springs Road on the east to United States Forest Service (USFS) Road #4606, aka Brooks Scanlon Road, on the west. The private road only serves the eight lots owned by the Veryheydens on their approximately 752- acre tract. The Verheydens submitted on August 19 and staff and the Property Address Coordinator visited the site on August 26. Staff sent notice to 10 properties and their owners on September 1. Staff issued a decision approving the name Verheyden Ranch Drive on September 24. On September 27, James Verheyden sent an e-mail pointing out two of the noticed properties did not use the proposed Verheyden Ranch Drive. The Property Address Coordinator reviewed the matter and via an October 1 e-mail concurred that these properties were outside the notice area and would retain their current addresses of 63250 USFS Road #4606 and 18700 Bull Springs Road. Staff has received no other comments from the public and one comment from the Bend Fire Department regarding address signs.. FISCAL IMPLICATIONS: None ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD MEMORANDUM TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner DATE: October 20, 2020 SUBJECT: October 28 meeting on Board Order 2020-055 for proposed road name of Verheyden Ranch Drive (File 247-20-000570-RN) Background James and Jean Verheyden own the property at 18400 Bull Springs Road, aka County Assessor's Map 17-11-00, Tax Lot 4300, as well as seven other adjoining lots. The properties are served by an unnamed private road which loops around from Bull Springs Road on the east to United States ; A +FAGlG /I ICCC D-4 4Ar,0A icMICI/nI M nc 1-4,o Rr^Forest Service (VcrS) nRoauIr-tuuu of the west. (IJ.JI .JIwuv WwIJulJv Cv- av,oks Scanlon Road.) The private road provides access for a total of eight lots, all owned by the Verheydens. The Verheydens submitted a road naming application (File 247-20-000570-RN) on August 19, 2020, to name the private road as Verheyden Ranch Drive. The applicants felt a named road with a sign was preferable to having to describe the private road as "a red cinder road." Staff also notes a named road is required under Deschutes County Code (DCC) Title 16 for public safety reasons. The Board held a work session on the matter on October 26, 2020. Staff Decision The Property Address Coordinator and staff reviewed the application and conducted a site visit on August 26, 2020. Staff found the name Verheyden Ranch Drive complied with DCC 16.16.030(E)(1) and (2). Staff mailed notice of the application to affected public agencies and properties on September 1 and to an additional property on September 11 per the request of the Property Address Coordinator. Staff received one comment regarding signage from the Bend Fire Department, but received no other comments from the agencies or the public. 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 I (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd Staff mailed notice of the decision approving the name on September 24. On September 27, staff received an e-mail from the applicant that two properties listed as affected, 17-11-00, Tax Lot 4301 (63250 USFS Road #4606) and 17-11-00, Tax Lot 2709 (18700 Bull Springs Road) do not use the private road. The Property Address Coordinator reviewed the matter and via an October 1, e-mail concurred with the applicant. Under DCC 16.16.030(B) public comments on the proposed road name are limited to those owning property abutting the affected road or having an address on the affected road. The 10-day appeal period ended October 5 and staff has not received any further questions, written opposition, or appeals on the proposed name from those who meet the requirements of DCC 16.16.030(B) and (G). Staff has scheduled an October 28 meeting with the Board to consider signature of Board Order 2020-055 which implements the approval of Verheyden Ranch Drive under File 247-20-000570-RN. Staff is available for any questions. Enclosures: Board Order 2020-055 Board Order 2020-055, Exhibit A (Quaff Farm Road map) Board Order 2030-035, Exhibit B (Findings and Decision for File 247-20-000570-RN) October 1, 2020, e-mail from Tracy Griffin to Peter Russell September 27, e-mail from Dr. James Verheyden to Peter Russell and Peter Gutowsky Page 2 of 2