2023-1-Order No. 2022-067 Recorded 1/4/2023Recorded in Deschutes County CJ2023-1
Steve Dennison, County Clerk 01/04/2023 8:36:43 AM
Commissioners' Journal
iiIiIIIIIlIIlIIIIIll 11 II
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Assigning the Name of McClain Drive
to a 1,575-foot portion of a 60-foot-wide public * ORDER NO. 2022-067
road right-of-way currently named Sage Steppe
Drive located within the Tree Farm PUD and
Westgate Subdivision.
WHEREAS, Tree Farm Homeowners Association and Empire Westgate, LLC have applied to change an
existing road naive pursuant to Deschutes County's Code, Title 16, Addresses and Road Naives, to assign the
name of McClain Drive to a 1,575-foot portion of a 60-foot-wide public road right-of-way located in Township
17 South, Range 11 East, Section 35A, W.M., Township 17 South, Range 11 East, Section 35B, W.M., Township
17 South, Range 11 East, Section 35AC, W.M., and Township 17 South, Range 11 East, Section 35, W.M.,
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 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 McClain Drive be assigned to a 1,575-foot portion of a 60-foot-wide
public road right-of-way located in Township 17 South, Range 11 East, Section 35A, W.M., Township 17 South,
Range 11 East, Section 35B, W.M., Township 17 South, Range 11 East, Section 35AC, W.M., and Township 17
South, Range 11 East, Section 35, W.M., as set forth in Exhibit "A" and Exhibit "B", attached hereto and
incorporated herein.
///
Dated this "' of • , 20 a-o°'"
PAGE 1 OF 2- ORDER NO. 2022-067
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
(10,
ANTHONY DEBONE, VICE CHAIR
PHIL CHANG, CMISSIONER
PAGE 2 OF 2- ORDER No. 2022-067
Exhibit A - Board Order No. 2022-067
Proposed Name to
be McClain Drive
TES
Mailing Date:
Monday, December 5, 2022
Exhibit B - Board Order No. 2022-067
COMMUNITY DEVELOPMENT
FINDINGS AND DECISION
FILE NUMBER: 247-22-000587-RN
APPLICANT: Tree Farm Homeowners Association ("HOA")
C/O David Ford
Empire Westgate LLC, c/o Chelsea Spencer
AGENT FOR Dale Van Valkenburg
APPLICANT:
PROPOSAL: The applicant requests to establish the name McClain Drive for an existing
paved 60-foot-wide public road right-of-way currently named Sage Steppe
Drive.
ROAD LOCATION: Tax Map 17-11-35AC and 17-11-35BD; Tree Farm Planned Unit
Development
Tax Map 17-11-35BA and 17-11-35AB; Westgate Subdivision
The current roadway, named Sage Steppe Drive, was created in 2016 as
part of the Tree Farm Subdivision and continued into the abutting
Westgate Subdivision. This 60-foot-wide public right-of-way extends south
from the existing McClain Drive to the north, and continues through
Westgate and Tree Farm, before it stubs to a dead end at the northern
boundary of the Discovery West Subdivision and Bend City limits. The
segment of the roadway to be renamed to "McClain Drive" extends south
for approximately 1,575 feet (see map on following page).
STAFF CONTACT: Haleigh King, Associate Planner
Phone: 541-383-6710
Email: Haleigh.King@deschutes.org
I. APPLICABLE CRITERIA:
117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
e (541) 388-6575 cd«Adeschutes.org www.deses.org/cd
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 2016, Sage Steppe Drive was created as part of the Tree Farm and was
dedicated to the public as a 60-foot road right-of-way. The northern portion of Sage Steppe Drive,
beginning at the intersection of Huntsman Loop and Horizon View Drive, is located within the
Westgate subdivision and was dedicated to the public as a 60-foot right-of-way in 2021. The segment
to be renamed is an existing paved road that is 1,575 feet in length, extending through Westgate
and Tree Farm (and a four-way intersection with Ridgeline Drive and Ridgeline Court), terminating
at the south boundary of Tree Farm. The south boundary of Tree Farm abuts City of Bend city limits.
Figure 1- Vicinity Map
u'
U
4
HUNTSMAN LOOP WTI
HORIZON VIEW DR
RIDGLUNE DR
AFFECTED PROPERTIES: There are eight (8) properties with frontage along the road to be renamed;
two (2) within Westgate and six (6) within Tree Farm. Currently, six (6) properties take access, and
are addressed, from either Ridgeline View, Ridgeline Court or Horizon View Drive. Two properties
abutting the subject roadway are not currently addressed and are undeveloped. The following
properties have frontage along this road:
ADDRESS
ASSESSOR MAP AND TAX LOT
18988 RIDGELINE DR
171135BD00100
18995 RIDGELINE DR
171135BD01300
247-22-000587-RN
Page 2 of 11
19018 RIDGELINE CT
171135AC00300
19005 RIDGELINE CT
171135AC00500
19011 HORIZON VIEW DR
171135AB00700
62315 HUNTSMAN LOOP
171135BA01500
NO SITUS ADDRESS
1711350000700
NO SITUS ADDRESS
171135AC00100
As noted above, all properties abutting the subject roadway are either addressed from another
roadway or do not yet have an assigned address.
REVIEW PERIOD: The subject application was submitted on July 19, 2022, and the application was
revised and additional information submitted to the record on September 7, 2022. 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).
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on July 27, 2022, and again on
September 15, 2022, to several public agencies and received the following comments:
Deschutes County Address Coordinator, Tracy Griffin (9/15/2022):
There are no property addresses affected by this road name change.
Deschutes County Senior Transportation Planner, Peter Russell (9/23/2022):
I have reviewed the transmittal materials to rename an approximately 1,575-foot-long
segment of Sage Steppe Drive to McClain Drive in the Tree Farm and Westgate developments
on County Assessor's Tax Map 17-11-35AC and 17-11-35BD (Tree Farm) and 17-11-35BA and
17-11-35AB (Westgate). The renaming makes sense. No traffic analysis or transportation
system development charges (SDCs) are required. Thanks.
The following agencies did not respond to the notice: 911, Bend -La Pine School District, Deschutes
County Assessor, Deschutes County Road Department, Deschutes County Sheriff's Office,
Deschutes County Surveyor, Cascade Natural Gas Co., Pacific Power and Light, Bend Cable
Communications, CenturyLink.
PUBLIC COMMENTS: Notice was sent to the eight (8) affected properties per DCC 16.16.030(B). The
applicant also posted a proposed road name sign. Staff received one written comment in support
of the application from Lynnanne Hayes and Randy Nebel, the property owners of 19011 Horizon
View Drive.
III. CONCLUSIONARY FINDINGS:
CHAPTER 16.16, ROAD NAMING
Section 16.16.010, Road Naming Authority.
247-22-000587-RN Page 3 of 11
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 road currently named Sage Steppe Drive provides access to eight (8) tax lots
and exceeds 1,320 feet in length. Therefore, staff finds the proposed road name assignment to
McClain Drive must be reviewed in accordance with the procedures in DCC 16.16.030, which are
addressed below. This criterion will be met.
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 the Tree Farm Homeowners Association' and Empire
Westgate, LLC2 on September 7, 2022. 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 applicants submitted the required information and fee identified above. These
criteria are met.
1 The Tree Farm Homeowners Association own the abutting property identified on Deschutes County
Assessor's Map 17-11-35, Tax Lot 700 and Map 17-11-35AC, Tax Lot 100.
2 Empire Westgate, LLC is the developer of the Westgate Subdivision.
247-22-000587-RN Page 4 of 11
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 September 15, 2022, staff mailed notice of this pending application to the eight (8)
property owners abutting the subject road to be renamed. This notice was mailed within ten (10)
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. Staff received
one written comment, dated September 25, 2022, in support of the application from Lynnanne
Hayes and Randy Nebel, the property owners of 19011 Horizon View Drive. These criteria are met.
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 has not proposed any alternate road names other than McClain Drive. Staff
finds the proposed road name McClain Drive meets the standards above as it is a continuation of
McClain Drive to the north. 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."
247-22-000587-RN Page 5 of 11
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 road segment to be renamed is approximately 1,575 feet in length and extends south
from the existing McClain Drive. Given these circumstances, staff finds "drive" 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 renamed was created and publically dedicated as part of the Westgate
Phases 5, 6, and 73 Subdivision recorded on April 15, 2021, and the Tree Farm Subdivision4 recorded
on October 27, 2016. The Deschutes County Clerk's Office and Road Department have records of
this approved subdivision 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
3 Reference Land Use File Nos.247-19-000500-MP, 501-TP.
4 Reference Land Use File Nos. 247-14-000242-CU through 251-TP.
247-22-000587-RN Page 6 of 11
to verify the applicable requirements. As detailed in this decision, the proposed name McClain Drive
satisfies the applicable requirements. Therefore, no alternate names 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
in coordination with the Deschutes County Property Address Coordinator and the assigned name,
McClain Drive, 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.
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: Within ten (10) days of this decision becoming final and absent an appeal, the proposed
road name assignment of McClain Drive will become final under Board Order 2022-067. 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.
247-22-000587-RN Page 7 of 11
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)
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.
Section 16.16.040 Procedures And Standards For Changing Existing Road Names
The following procedures and standards shall apply to the changing of existing road names:
A. An existing road name may be changed by the Community Development Department
if the existing name:
1. Duplicates a pre-existing road name within the same postal zip code
or geographic area;
2. Sounds like or is spelled so similarly to a pre-existing road name in the
same postal zip code or geographic area as to cause confusion
between the two roads;
3. Is known by more than one name;
4. Is different than the name of the road of which it is a continuation; or
5. Is not consistent with County road naming standards set forth in DCC
16.16.
FINDING: In 2016, Sage Steppe Drive was created as part of the Tree Farm and was dedicated to
the public as a 60-foot road right-of-way. The northern portion of Sage Steppe Drive, beginning at
the intersection of Huntsman Loop and Horizon View Drive, is located within the Westgate and was
dedicated to the public as a 60-foot right-of-way in 2021. This existing paved road is 1,575 feet in
length, extending through Westgate and Tree Farm (and a four-way intersection with Ridgeline Drive
247-22-000587-RN Page 8 of 11
and Ridgeline Court), terminating at the south boundary of Tree Farm. The south boundary of Tree
Farm abuts City of Bend city limits. The purpose of the road name change is to ensure consistency
in street names for the continuation of McClain Drive.
B. In choosing which road name to change as between two or more roads with the
same or similar names (affected roads), the department shall consider the following
factors:
1. The number of properties, developed and undeveloped, abutting
each affected road;
2. The length of time a name has been in use to designate each
affected road and whether the name used to designate each road
has any historic significance;
3. Whether one affected road as named is relatively better known by
the general public than the other affected road or roads as named;
4. Any showing that a proposed road name change would be
relatively more burdensome to abutting property owners than if
another affected road name were changed.
FINDING: The applicant has chosen to rename the 1,575-foot-long segment of Sage Steppe Drive
to McClain Drive as the existing McClain Drive contains a greater number of properties, developed
and undeveloped, abutting the affected road. Eight (8) properties currently abut Sage Steppe Drive
and no addresses will be affected. Staff finds it is most logical to rename the short segment of Sage
Steppe Drive as opposed to renaming the existing McClain Drive roadway segment, which crosses
into City of Bend jurisdiction and extends north for over 5,000 feet. Renaming the existing McClain
Drive right-of-way would also affect a significantly larger number of properties who take access from
and are addressed off McClain Drive.
C. Proposed name changes shall proceed under the process specified under DCC
16.16.030.
FINDING: The requested road name change will follow the process specified under DCC
16.16.030, above.
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
247-22-000587-RN Page 9 of 11
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 currently take access from Sage Steppe
Drive.
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
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 2022-
067.
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: Haleigh King, Associate Planner
247-22-000587-RN
Page 10 of 11
zA„
Reviewed by: Will Groves, Planning Manager
Attachment: Road Location Map
247-22-000587-RN Page 11 of 11
File Number 247-22-000587-RN
McClain Drive
A
0 162.5 325 650
ft
Date. 11/30/2022
1 inch = 376 feet
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: December 21, 2022
SUBJECT: Consideration of Board Signature of Order No. 2022-067, Road Name
Assignment of McClain Drive
RECOMMENDED MOTION:
Move approval of Order No. 2022-067, an order assigning the name McClain Drive to a
segment of an existing public right-of-way measuring 1,575 feet in length.
BACKGROUND AND POLICY IMPLICATIONS:
The portion of road to be renamed extends for approximately 1,575 feet south of the
existing roadway named McClain Drive. The road, currently named Sage Steppe Drive,
extends through the Westgate and Tree Farm residential developments and terminates at
the south boundary of Tree Farm.
Under DCC 16.16.030(B), public comments on the proposed road name are limited to those
parties owning property abutting the affected road or having an address on the affected
road. Staff mailed notice of the application to these parties on September 15, 2022 and a
notice of the staff decision was mailed on December 5, 2022. No comments in opposition
to the notice of application or notice of the staff decision were received. The staff decision
became final on December 15, 2022. Staff has scheduled a December 21, 2022 meeting
with the Board to consider signature of Board Order 2022-067 which implements the
approval of the renamed McClain Drive under file 247-22-000587-RN.
BUDGET IMPACTS:
None
ATTENDANCE:
Haleigh King, Associate Planner