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2021-114-Order No. 2021-010 Recorded 3/25/2021 r Recorded in Deschutes Count Nancy Blankenship, County Clerk CJ2021-114 Commissioners'Journal 03/25/2021 12:41:43 PM RE EWED aGu�esycoG2� IIIIIIIIIJIIIIIIIIIIIIIIIII III 241 2021-114 LEGAL COUNSEL " x`t For Recording Stamp Only - BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON An Order Assigning the Name of Wildwood Pine * Court to a Public Road Right-of-Way Located Off * ORDER NO.2021-010 Deer Forest Drive Approximately 1,600 Feet South of Masten Road. WHEREAS,Ben Sherman&Courtney Hill applied to assign a road name pursuant to Deschutes County's Code,Title 16,Addresses and Road Names,to assign the name of Wildwood Pine Court to a 60-foot-wide public road right-of-way located in Township 22 South,Range 10 East,Section 30A,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 Wildwood Pine Court be assigned to a 60-foot-wide public road right- of-way to provide access to the properties at Township 22 South,Range 10 East, Section 30A,W.M as set forth in Exhibit"A"and Exhibit"B,"attached hereto and incorporated herein. /// Dated this o2 V of 44 J ,20 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON ANTHONY DEBONE,CHAIR `M Y PHIL CHANG,VICE ATTEST: tGvt_ c Recording Secre ary PA I ADAIR,COMMISSIONER PAGE 1 of 1-ORDER NO.2021-010 Exhibit A Wildwood Pine Court T22S,R10E,W.M. Deschutes County • dal a IOi 0 O. JO • Z _ • LL ci MASTEN-RD Ic6 CFIIPMONKLN— Wildwood Pine Court Fs 4606 .co O YOR(IE LN w • • w Board Order 2021-010 247-21-000048-RN y`ouS`S co oy w < Legend ( V D6CURER Wildwood Pine Court mo hEtaatm on mh map was derived ciao eyimdaraemm on Deschutes Canty G.I.S.care woo taken In me creation mmanap.hit is moulded•m 0 150 300 600 900 1,200 b•.oe.chae.caaty cannot a�wany resv.vleanbre�..eMaatao.« Parcel _ _ a ionalam.yh the dittaldab or the a re�ds.tnamm Feet 'ananliea,moron or Imphad•including the wamarlyoine.tlnitabbbya Nnessroca Oh iar palm.,aroeapanyh9 di]product Hamner,rctllcllon of anyonor.aril be appreciated. March 3,2021 Nd_lCarelnel247.21-0000a8-RNNrojecrdealEalibufLW rood the Ctnd ES Exhibit B Mailing Date: w> COG Wildwood Pine Court Tuesday, March 9, 2021 44* COMMUNDTY DEVELOPMENT ‘Vilig#/. . S - FINDINGS AND DECISION FILE NUMBER: 247-21-000048-RN APPLICANT: Ben Sherman &Courtney Hill PROPOSAL: The applicant requests to assign the name'Wildwood Pine Court"to a 60- foot-wide public road right-of-way. ROAD LOCATION: Tax Map 22-10-30A adjacent to the southern boundary of Tax Lot 2900 This currently unnamed public road is located off Deer Forest Drive, approximately 1,600 feet south of Masten Road, and extends east for approximately 600 feet. STAFF CONTACT: Caroline House,Assistant Planner Phone: 541-388-6667 ' Email: Caroline.House@deschutes.org , I. APPLICABLE CRITERIA: Deschutes County Code(DCC) Title 16,Addresses and Road Names Chapter 16.16, Road Naming Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS: ROAD DESCRIPTION: In 1978,the road to be named was created as part of a partition approval and was dedicated to the public as a 60-foot road right-of-way(reference file no.M)P-78-11).This existing gravel road is +/- 600 feet in length, extends east from Deer Forest Drive, and terminates at the southwest corner of the applicant's property. 117 NW Lafayette Avenue,Bend, Oregon 97703 I P.O.Box 6005,Bend,OR 97708-6005 `t; (541)388-6575 cd0s;»deschutes.org www.deseutes.org/cd Vicinity Map File No. 247-21-000048-RN Wildwood Pines Court I ! l I Proposed Road to be Named "Wildwood Pine Court" BEN SHERMAN& �.GEORGE&BARBARA JOHNSON COURTNEY HILL 50674 DEER FOREST DR .00670 DEER FOREST DR JAMES&GLORIA FLEMING JEREMY&MARINA HOFF 50662 DEER FOREST DR 50666 DEER FOREST DR YORKIE LN! ---Deschutes Count/GIS,Sources Est,USGS,NOAA AFFECTED PROPERTIES: There are four (4) properties with frontage along the road to be named and currently three(3)of the four(4)properties take access from this road.The following properties have frontage along this road: ADDRESS ASSESSOR MAP AND TAX LOT 50062 Deer Forest Drive 22-10-30A,Tax Lot 3000 50666 Deer Forest Drive 22-10-30A,Tax Lot 2801 50670 Deer Forest Drive 22-10-30A,Tax Lot 2800 50674 Deer Forest Drive' 22-10-30A,Tax Lot 2900 REVIEW PERIOD:The subject application was submitted on January 20, 2021. This application will be reviewed in accordance with DCC 16.16 and requires final approval by the Board of County Commissioners(BOCC)per DCC 16.16.030(1). ' This property is accessed from Deer Forest Drive. 247-21-000048-RN(Wildwood Pine Court) Page 2 of 9 PUBLIC AGENCY COMMENTS:The Planning Division mailed notice on January 27, 2021 to several public agencies and received the following comments: Deschutes County Address Coordinator,Tracy Griffin Wildwood Pine(#4)is the preferred name for approval. Further, the road particulars appear to make this a Court per DCC 16.16.030(E)(2)(c). Therefore, Wildwood Pine Court is the preferred and approved name for this new right-of-way. Deschutes County Senior Transportation Planner, Peter Russell: I have no adverse comments on the naming of this public road, which is a Local Access Road created by MJP-78-11. The following agencies did not respond to the notice: 911, Bend-La Pine School District, Bend Regional Watermaster Bureau of Land Management(BLM), Deschutes County Assessor, Deschutes County Road Department, Deschutes County Sheriffs Office, Deschutes County Surveyor, and Wildness Garbage&Recycling Service. PUBLIC COMMENTS: Notice was sent to the four(4)affected properties per DCC 16.16.030(B).The applicant also posted a proposed road name sign. No public 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. FINDING: The subject road naming application is being reviewed by the Deschutes County Community Development Department.This criterion is met. Section 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 subject unnamed road provides access to four(4)tax lots. Therefore, staff finds the proposed road name assignment must be reviewed in accordance with the procedures in DCC 16.16.030,which are addressed below.This criterion will be met. 247-21-000048-RN (Wildwood Pine Court) Page 3 of 9 Section 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 adjacent property owners, Ben Sherman & Courtney Hill2, on January 20,2021.This criterion is met. 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 applicant submitted the required information and fee identified above.These criteria are met. 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: On January 27, 2021, staff mailed notice of this pending application to the four (4) property owners abutting the subject road to be named.This notice was mailed seven(7)days after the application was received.This criterion is met. 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. 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:The mailed notice included a,statement requiring the recipient to notify any tenants or other occupants of the affected property of the proposed road name assignment. No public comments were received.These criteria are met. 2 Ben Sherman and Courtney Hill own the abutting property identified on Deschutes County Assessor's Map 22-10-30A,as tax lot 2800. 247-21-000048-RN(Wildwood Pine Court) Page 4 of 9 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 applicant submitted the following four(4)road names for consideration: 1. Ponderosa Pines 2. Woodland Acres 3. Pine Acres 4. Wildwood Pines Proposed road names 1-3 duplicate existing roads names and/or sound similar to other roads in Deschutes County. Nevertheless, staff finds the proposed road name"Wildwood Pine3" meets the standards above and is representative of the surrounding area,which includes forested areas with pine trees being the predominate tree species. For these reasons,staff has assigned the road name "Wildwood Pine"to the subject right-of-way from the list of submitted names.These criteria are met. 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." 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." 3 The Deschutes County Property Address Coordinator confirmed "Pine" should be singular as this is consistent with road names throughout the County,which are generally singular. 247-21-000048-RN(Wildwood Pine Court) Page 5 of 9 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 road to be named is approximately 600 feet in length and extends east from Deer Forest Drive. Given this configuration, staff finds"court"is the appropriate suffix.These criteria are met. 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. FINDING: The road to be named was created and publically dedicated as part of Major Partition Approval (MJP) 78-11.The Deschutes County Clerk's Office and Road Department have records of this approved partition and the creation of this public road.This criterion is met. 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. FINDING: The Deschutes County Address Coordinator confirmed the proposed road name is unique and there are no other similarly named roads in Deschutes County.This criterion is met. 3. Perform a field check, when necessary. 4. Assist the applicant or other affected person(s)to find alternate names when required. FINDING: For the purposes of this review,staff relied on existing County records and aerial images to verify the applicable requirements. As detailed in this decision, the proposed name 'Wildwood Pine Court"satisfies the applicable requirements. Therefore, no alternate names, beyond the four (4)submitted as part of the original request,were necessary or submitted.These criteria are met. 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: As detailed in the Basic Findings above, the appropriate persons, departments and agencies received notice of this pending application.All of the submitted comments were reviewed 247-21-000048-RN (Wildwood Pine Court) Page 6 of 9 in coordination with the Deschutes County Property Address Coordinator and the assigned name, Wildwood Pine Court, meets the standards of DCC 16.16.030(E).These criteria are met. 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). 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: A Notice of Staff Decision will be mailed in accordance with the requirements of DCC 16.16.030(B). This notice will include information on the right to appeal as detailed above. These criteria will be met. I. 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:Within ten (10)days of this decision becoming final and absent an appeal,the proposed road name assignment of Wildwood Pine Court will become final under Board Order 2021-010.This criterion will be met. 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:To ensure compliance a condition of approval has been added.This criterion will be met. 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) 247-21-000048-RN(Wildwood Pine Court) Page 7 of 9 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: Following review of the Board Order, staff will provide notice of the Board Order to the required entities identified above and the Board Order will be recorded in the Deschutes County Clerk's records.The proposed road name will be published in a newspaper with the list of changed road names.These criteria will be met. IV. CONCLUSION: Based on the foregoing findings,staff concludes that the proposed road name can comply with the applicable standards and criteria of the Deschutes County Road Naming Ordinance if conditions of approval are met. Other permits may be required.The applicants are responsible for obtaining any necessary permits from the Deschutes Road Department as well as any required state and federal permits. The Deschutes County Road Department will coordinate the posting of a new road sign with the Property Address Coordinator. Please coordinate with the Deschutes County Road Department regarding fees related to the creation and installation of the new road sign. V. DECISION: APPROVAL, subject to the following conditions of approval. VI. CONDITIONS OF APPROVAL: A. 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. Note:This requirement will only impact property owners and occupants that take access from Wildwood Pine Court. VII. DURATION OF APPROVAL: This decision becomes final ten (10) days after the date mailed, unless appealed by a party of interest. Issues on appeal shall be limited to whether the Community Development Department correctly applied the criteria set forth herein.To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of$250.00 and a statement raising any issue relied upon for appeal with sufficient 247-21-000048-RN (Wildwood Pine Court) Page 8 of 9 specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue. Within ten (10) days of this decision becoming final and absent an appeal, the Board of County Commissioners shall approve the subject road name assignment pursuant to Board Order 2021- 010. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost.Copies can be purchased for 25 cents per page. NOTICE TO MORTGAGEE,LIEN HOLDER,VENDOR OR SELLER:ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. DESCHUTES COUNTY PLANNING DIVISION Written by: Caroline House,Assistant Planner Reviewed by: Peter Gutowsky, Planning Manager 247-21-000048-RN(Wildwood Pine Court) Page 9 of 9 sw1 ES CO eia o Deschutes County Board of Commissioners VIOlikre 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 March 24, 2021 DATE: March 17, 2021 FROM: Caroline House, Community Development, 541-388-6667 TITLE OF AGENDA ITEM: Consideration of Board Signature of Order No. 2021-010, Road Name Assignment- Wildwood Pine Court FISCAL IMPLICATIONS: None ATTENDANCE: Caroline House, Assistant Planner