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
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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:
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Recording Secre ary PA I ADAIR,COMMISSIONER
PAGE 1 of 1-ORDER NO.2021-010
Exhibit A
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ES Exhibit B Mailing Date:
w> COG Wildwood Pine Court Tuesday, March 9, 2021
44* COMMUNDTY DEVELOPMENT
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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
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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
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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