2023-383-Ordinance No. 2023-025 Recorded 12/12/2023REVIEWED t r
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-383
Steve Dennison, County Clerk
Commissioners' Journal 12/12/2023 12:40:55 PM
��wTE., �CG2F: II � I I IIIII'�I II I I' �I I I II I II I �II
2023-383
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Title 23, the Deschutes County
Comprehensive Plan, to Change the
Comprehensive Plan Map Designation for
Certain Property From Rural Residential
Exception Area to Bend Urban Growth
Boundary, and Amending Deschutes County
Code Title 18, the Deschutes County Zoning
Map, to Change the Zone Designation for
Certain Property From Multiple Use
Agricultural to Urbanizable Area.
*
* ORDINANCE NO. 2023-025
*
*
*
*
WHEREAS, City of Bend, applied for changes to both the Deschutes County Comprehensive
Plan Map (247-23-000415-PA) and the Deschutes County Zoning Map (247-23-000416-ZC), to
change the comprehensive plan designation of the subject property from Rural Residential
Exception Area (RREA) to a Bend Urban Growth Area designation, and a corresponding zone
change from Multiple Use Agricultural (MUA-10) to Urbanizable Area (UA); and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was
held on October 11, 2023, before the Deschutes County Hearings Officer and, on October 24, 2023,
the Hearings Officer recommended approval of the Comprehensive Plan Map Amendment and
Zone Change;
WHEREAS, pursuant to DCC 22.28.030(B), in considering all quasi-judicial zone changes and
those quasi-judicial plan amendments on which the Hearings Officer has authority to make a
decision, the Board of County Commissioners shall, in the absence of an appeal or review initiated
by the Board, adopt the Hearings Officer's decision. No argument or further testimony will be
taken by the Board; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as
follows:
PAGE 1 OF3-ORDINANCE NO.2023-025
Section 1. AMENDMENT. DCC Title 23, Deschutes County Comprehensive Plan Map, is
amended to change the plan designation for certain property described in Exhibit "A" and depicted
on the map set forth as Exhibit "B" from RREA to Bend Urban Growth Area, with both exhibits
attached and incorporated by reference herein.
Section 2. AMENDMENT. DCCTitle 18, Zoning Map, is amended to change the zone designation
from MUA-10 to UA for certain property described in Exhibit "A" and depicted on the map set forth as
Exhibit "C", with both exhibits attached and incorporated by reference herein.
Section 3. AMENDMENT. DCC Section 23.01.010, Introduction, is amended to read as
described in Exhibit "D" attached and incorporated by reference herein, with new language
underlined.
Section 4. AMENDMENT. Deschutes County Comprehensive Plan Section 5.12, Legislative
History, is amended to read as described in Exhibit "E" attached and incorporated by reference
herein, with new language underlined.
Section 5. FINDINGS. The Board adopts as its findings in support of this Ordinance the
Decision of the Hearings Officer as set forth in Exhibit "F" and incorporated by reference herein.
Section 6. EFFECTIVE DATE. This Ordinance takes effect on the 90th day after the date of
adoption.
hh d'�'
Dated this O` of V', 2023
ATTEST:
4 W\'Q� Y)
' you
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Abl--
ANTHONY DEBONE, Chair
PATTI ADAIR, Vice Chair
PHIL CHANG, Co missioner
Date of 1st Reading: S' day of �✓ ° 2023.
Date of 2nd Reading: A day of /"y�' 2023.
PAGE 2 OF 3 - ORDINANCE NO.2023-025
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Patti Adair
Anthony DeBone _
Phil Chang s _
Effective date: I day of -T�J • , 26�. -t-O--Lq
ATTEST
* BAns,, liwk
Recording Secretary
PAGE 3 OF 3 - ORDINANCE NO. 2023-025
Exhibit "A" to Ordinance 2023-025
Legal Descriptions of Affected Property
LAND LOCATED IN THE NORTHEAST 1/4, SOUTHEAST 1/4, AND SOUTHWEST 1/4 OF SECTION 11,
TOWNSHIP 18 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 11, SAID CORNER BEING MARKED BY A 2-
1/2" BRASS CAP IN A MONUMENT BOX;
THENCE ALONG THE NORTH LINE OF SECTION 11, NORTH 89°34'56"WEST 1292.41 FEET TO A POINT
ON THE WESTERLY LINE OF A PG&E GAS TRANSMISSION COMPANY NORTHWEST NATURAL GAS
PIPELINE SYSTEM EASEMENT, SAID POINT BEING MARKED BY A 2" ALUMINUM CAP INSCRIBED
"BECON";
THENCE ALONG SAID WESTERLY LINE, SOUTH 18°14'18" WEST 5558.25 FEET TO A POINT ON THE
SOUTH LINE OF SAID SECTION 11, SAID POINT BEING MARKED BY A 2" ALUMINUM CAP INSCRIBED
"BECON";
THENCE ALONG SAID SOUTH LINE, SOUTH 89°44'11" EAST 352.26 FEET TO THE SOUTH 1/4 CORNER
OF SECTION 11, SAID CORNER BEING MARKED BY A 2" BRASS CAP;
THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89°4433" EAST 2651.99, TO THE SOUTHEAST
CORNER OF SECTION 11, SAID CORNER BEING MARKED BY A 2' BRASS CAP IN CONCRETE;
THENCE ALONG THE EAST LINE OF SECTION 11, NORTH 00°38'57" EAST 2644.75 FEET TO THE EAST
1/4 CORNER OF SECTION 11, SAID CORNER BEING MARKED BY A 5/8" IRON ROD WITH NO CAP;
THENCE CONTINUING ALONG THE EAST LINE OF SECTION 11, NORTH 00°02'56" WEST 2638.55 FEET
TO THE POINT OF BEGINNING.
CONTAINS 261.66 ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO ALL OTHER EASEMENTS, RESTRICTIONS, AND RIGHTS OF WAY OF
RECORD PERTAINING TO THE ABOVE DESCRIBED LANDS.
BEARINGS BASED ON THE NORTH LINE OF SECTION 11 PER CS03485, DESCHUTES COUNTY SURVEY
RECORDS.
Legend PROPOSED
Plan Amendment Boundary
PLAN AMENDMENT
Bend Urban Growth Boundary Exhibit "B"
Comprehensive Plan Designation to Ordinance 2023-025
AG -Agriculture
RREA - Rural Residential Exception Area
URA - Urban Reserve Area o soo 00o z.000
Feet
Bend Urban Growth Area Novembers, 2023
BOARD OF COUNTY COMMISSIONERS
OF CASCHU®TA C(ANTY, OREGON
Dated this 19 day of /W V, 2023
Effective Date: A, 292r1 sr� ®j
NEI
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PROPOSED
Legend
ZONING
Plan Amendment Boundary
Exhibit "C"
Bend Urban Growth Boundary
to Ordinance 2023-025
County Zoning
EFUTRB - Tumalo/Redmond/Bend Subzone
MUA10 - Multiple Use Agricultural 0
500 1.000 2,000
Feet
UA - Urbanizable Area
November t, 2023
BOARD OF COUNTY COMMISSIONERS
:XW= ON
ny De I ne, Chair
a i ACIair, Vice hair
Phil Chang, Commissioner
1 •P
pv
ATTEST: Recording Secretary
Dated this G�9 day of ° et1 2023 p�
Effective Date: Y�� , 2823 d-a)-q
Exhibit "D" to Ordinance 2023-025
TITLE 23 COMPREHENSIVE PLAN
CHAPTER 23.01 COMPREHENSIVE PLAN
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and
found on the Deschutes County Community Development Department website, is incorporated
by reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. [Repealed by Ordinance 2013-001, §11
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
F. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-016, are incorporated by reference herein.
G. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-002, are incorporated by reference herein.
H. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-009, are incorporated by reference herein.
I. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-012, are incorporated by reference herein.
J. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2013-007, are incorporated by reference herein.
K. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-005, are incorporated by reference herein.
L. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-006, are incorporated by reference herein.
M. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-012, are incorporated by reference herein.
N. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-021, are incorporated by reference herein.
O. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2014-027, are incorporated by reference herein.
P. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-021, are incorporated by reference herein.
Exhibit "D" to Ordinance 2023-025
Q. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-029, are incorporated by reference herein.
R. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-018, are incorporated by reference herein.
S. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2015-010, are incorporated by reference herein.
T. [Repealed by Ordinance 2016-027 §1]
U. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-022, are incorporated by reference herein.
V. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-005, are incorporated by reference herein.
W. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-027, are incorporated by reference herein.
X. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2016-029, are incorporated by reference herein.
Y. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2017-007, are incorporated by reference herein.
Z. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-002, are incorporated by reference herein.
AA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-006, are incorporated by reference herein.
AB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-011, are incorporated by reference herein.
AC. [repealed by Ord. 2019-010 §1, 20191
AD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2018-008, are incorporated by reference herein.
AE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-002, are incorporated by reference herein.
AF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-001, are incorporated by reference herein.
AG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-003, are incorporated by reference herein.
AH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-004, are incorporated by reference herein.
Exhibit "D" to Ordinance 2023-025
Al. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-011, are incorporated by reference herein.
AJ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-006, are incorporated by reference herein.
AK. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-019, are incorporated by reference herein.
AL. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2019-016, are incorporated by reference herein.
AM. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-001, are incorporated by reference herein.
AN. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-002, are incorporated by reference herein.
AO. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-003, are incorporated by reference herein.
AP. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-008, are incorporated by reference herein.
AQ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-007, are incorporated by reference herein.
AR. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-006, are incorporated by reference herein.
AS. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-009, are incorporated by reference herein.
AT. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2020-013, are incorporated by reference herein.
AU. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-002, are incorporated by reference herein.
AV. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-005, are incorporated by reference herein.
AW. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2021-008, are incorporated by reference herein.
AX. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-001, are incorporated by reference herein.
AY. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-003, are incorporated by reference herein.
Exhibit "D" to Ordinance 2023-025
AZ. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-006, are incorporated by reference herein.
BA. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2022-010, are incorporated by reference herein.
BB. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2022-011, are incorporated by reference herein._(superseded by Ord. 2023-015)
BC. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2022-013, are incorporated by reference herein.
BD. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2023-001, are incorporated by reference herein.
BE. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-007, are incorporated by reference herein.
BF. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-010 are incorporated by reference herein.
BG. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-018, are incorporated by reference herein.
BH. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-015, are incorporated by reference herein.
BI. The Deschutes County Comprehensive Plan amendments, adopted by the Board in
Ordinance 2023-025, are incorporated by reference herein.
Click here to be directed to the Comprehensive Plan (http://www.deschutes.org/cl lan)
Amended by Ord. 2011-027 §10 on 111912011
Adopted by Ord. 2011-003 §2 on 111912011
Amended by Ord. 2011-017 §5 on 1113012011
Amended by Ord. 2012-012 §1, 2, 3, 4 on 812012012
Amended by Ord. 2012-005 §1 on 1111912012
Amended by Ord. 2013-002 §1 on 11712013
Repealed by Ord. 2013-001 §1 on 11712013
Amended by Ord. 2013-005 §1 on 112312013
Amended by Ord. 2012-016 §1 on 31412013
Amended by Ord. 2013-009 §1 on 51812013
Amended by Ord. 2013-012 §1 on 81812013
Amended by Ord. 2013-007 §1 on 812812013
Exhibit "D" to Ordinance 2023-025
Amended by Ord. 2014-005 §2 on 212612014
Amended by Ord. 2014-006 §2 on 311512014
Amended by Ord. 2014-012 §1 on 81612014
Amended by Ord. 2014-021 §1 on 1112612014
Amended by Ord. 2015-029 §1 on 1113012015
Amended by Ord. 2015-010 §1 on 1212112015
Amended by Ord. 2015-021 §1 on 212212016
Amended by Ord. 2015-018 §1 on 312812016
Amended by Ord. 2016-001 §1 on 41512016
Amended by Ord. 2016-022 §1 on 912812016
Repealed & Reenacted by Ord. 2016-027 §1, 2 on 1212812016
Amended by Ord. 2016-005 §1 on 212712017
Amended by Ord. 2016-029 §1 on 312812017
Amended by Ord. 2017-007 §1 on 111112017
Amended by Ord. 2018-002 §1 on 112512018
Amended by Ord. 2018-005 §2 on 1011012018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-008 §1 on 1012612018
Amended by Ord. 2018-006 §1 on 1112012018
Amended by Ord. 2018-011 §1 on 1211112018
Amended by Ord. 2019-004 §1 on 311412019
Amended by Ord. 2019-003 §1 on 311412019
Amended by Ord. 2019-002 §1 on 41212019
Amended by Ord. 2019-001 §1 on 411612019
Amended by Ord. 2019-010 §1 on 51812019
Amended by Ord. 2019-011 §1 on 511712019
Amended by Ord. 2019-006 §1 on 611112019
Amended by Ord. 2019-019 §2 on 1211112019
Amended by Ord. 2020-001 §26 on 412112020
Amended by Ord. 2020-003 §1 on 512612020
Amended by Ord. 2020-002 §1 on 512612020
Amended by Ord. 2020-008 §5 on 912212020
Amended by Ord. 2020-007 §1 on 1012712020
Amended by Ord. 2020-006 §1 on 1111012020
Amended by Ord. 2020-009 §4 on 11/1712020
Amended by Ord. 2020-013 §1 on 1112412020
Amended by Ord. 2021-002 §3 on 412712021
Amended by Ord. 2021-005 §1 on 611612021
Amended by Ord. 2021-008 §1 on 613012021
Amended by Ord. 2022-001 §2 on 711212022
Amended by Ord. 2022-003 §2 on 711912022
Amended by Ord. 2022-006 §2 on 712212022
Amended by Ord. 2022-010 §1 on 1012512022
Exhibit "D" to Ordinance 2023-025
Amended by Ord. 2023-001 §1 on 31112023
Amended by Ord. 2022-013 §2 on 311412023
Amended by Ord. 2023-007 §19 on 412612023
Amended by Ord. 2023-010 §1 on 612112023
Amended by Ord. 2023-018 §1 on 813012023
Amended by Ord. 2023-015 §3 on 911312023
Amended by Ord. 2023-025 §1 on 1112912023
Exhibit "E" to Ordinance 2023-025
.Sect% ow 57-12 LeO LsLattve t-fi-�;stor�
Background
This section contains the legislative history of this Comprehensive Plan.
Table S.12.1 Comprehensive Plan Ordinance History
Ordinance
Date Adopted/
Chapter/Section
Amendment
Effective
All, except
Transportation, Tumalo
and Terrebonne
201 1-003
8-10-1 1/ 1 1-9-1 1
Community Plans,
Comprehensive Plan update
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
2.5, 2.6, 3.4, 3.10, 3.5,
Housekeeping amendments to
201 1-027
10-31-1 1 / 1 1-9-1 1
4.6, 5.3, 5.8, 5.1 1,
23.40A, 23.40B,
ensure a smooth transition to
23.40.065, 23.01.010
the updated Plan
23.60, 23.64 (repealed),
Updated Transportation
2012-005
8-20-12/ 1 1-19-12
3.7 (revised), Appendix C
System Plan
(added)
2012-012
8-20-12/8-20-12
4.1, 4.2
La Pine Urban Growth
Boundary
2012-016
12-3-12/3-4-13
3.9
Housekeeping amendments to
Destination Resort Chapter
Central Oregon Regional
2013-002
1-7-13/ 1-7-13
4.2
Large -lot Employment Land
Need Analysis
Comprehensive Plan Map
Amendment, changing
2013-009
2-6-13/5-8-13
1.3
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
2013-012
5-8-13/8-6-13
23.0 I.010
Amendment, including certainproperty
within City of Bend
Urban Growth Boundary
Newberry Country: A Plan
2013-007
5-29-13/8-27-13
3.10, 3.1 1
for Southern Deschutes
Count
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-025
Comprehensive Plan Map
2013-016
10-21-13/ 10-21-13
23.01.010
Amendment, including certain
property within City of Sisters
Urban Growth Boundary
Comprehensive Plan Map
2014-005
2-26-14/2-26-14
23.01.010
Amendment, including certain
property within City of Bend
Urban Growth Boundary
2014-012
4-2-14/7-1-14
3.10, 3.1 1
Housekeeping amendments to
Title 23.
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
designation of certain
2014-021
8-27-14/ 1 1-25-14
23.01.010, 5.10
property from Sunriver Urban
Unincorporated Community
Forest to Sunriver Urban
Unincorporated Community
Utility
Comprehensive Plan Map
Amendment, changing
2014-027
12-15-14/3-31-15
23.01.010, 5.10
designation of certain
property from Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2015-021
1 1-9-15/2-22-16
23.01.010
designation of certain
property from Agriculture to
Surface Mining.
Comprehensive Plan Map
Amendment, changing
2015-029
1 1-23-15/ 1 1-30-15
23.01.010
designation of certain
property from Tumalo
Residential 5-Acre Minimum
to Tumalo Industrial
2015-018
12-9-15/3-27-16
23.01.010, 2.2, 4.3
Housekeeping Amendments
to Title 23.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-025
Comprehensive Plan Text and
2015-010
12-2-15/ 12-2-15
2.6
Map Amendment recognizing
Greater Sage -Grouse Habitat
Inventories
Comprehensive Plan Map
Amendment, changing
2016-001
12-21-15/04-5-16
23.01.010; 5.10
designation of certain
property from, Agriculture to
Rural Industrial (exception
area
Comprehensive Plan
Amendment to add an
exception to Statewide
2016-007
2-10-16/5-10-16
23.01.010; 5.10
Planning Goal I I to allow
sewers in unincorporated
lands in Southern Deschutes
Count
Comprehensive Plan
Amendment recognizing non-
2016-005
1 1-28-16/2-16-17
23.01.010, 2.2, 3.3
resource lands process
allowed under State law to
change EFU zoning
Comprehensive plan
2016-022
9-28-16/ 1 1-14-16
23.01.010, 1.3, 4.2
Amendment, including certain
property within City of Bend
Urban Growth Boundary
Comprehensive Plan Map
Amendment, changing
2016-029
12-14-16/ 12/28/ 16
23.01.010
designation of certain
property from, Agriculture to
Rural Industrial
Comprehensive Plan Map
Amendment, changing
2017-007
10-30-17/ 10-30-17
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan
2018-002
1-3-18/ 1-25-18
23.01, 2.6
Amendment permitting
churches in the Wildlife Area
Combining Zone
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-025
Housekeeping Amendments
correcting tax lot numbers in
Non -Significant Mining Mineral
2018-006
8-22-18/ 1 1-20-18
23.01.010, 5.8, 5.9
and Aggregate Inventory;
modifying Goal 5 Inventory of
Cultural and Historic
Resources
Comprehensive Plan Map
Amendment, changing
2018-01 1
9-12-18/ 12-1 1-18
23.01.010
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan Map
Amendment, removing Flood
23.01.010, 2.5, Tumalo
Plain Comprehensive Plan
2018-005
9-19-18/ 10-10-18
Community Plan,
Designation; Comprehensive
Newberry Country Plan
Plan Amendment adding Flood
Plain Combining Zone
purpose statement.
Comprehensive Plan
Amendment allowing for the
2018-008
9-26-18/ 10-26-18
23.01.010, 3.4
potential of new properties to
be designated as Rural
Commercial or Rural
Industrial
Comprehensive Plan Map
Amendment changing
designation of certain
property from Surface Mining
2019=002
1-2-19/4-2-19
23.01.010, 5.8
to Rural Residential Exception
Area; Modifying Goal 5
Mineral and Aggregate
Inventory; Modifying Non -
Significant Mining Mineral and
Aggregate Inventor
Comprehensive Plan and Text
2019-001
1-16-19/4-16-19
1.3, 3.3, 4.2, 5.10, 23.01
Amendment to add a new
zone to Title 19: Westside
Transect Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-025
Comprehensive Plan Map
Amendment changing
designation of certain
2019-003
02-12-19/03-12-19
23.01.010, 4.2
property from Agriculture to
Redmond Urban Growth
Area for the Large Lot
Industrial Program
Comprehensive Plan Map
Amendment changing
designation of certain
property from Agriculture to
20 19-004
02- 12- 19/03- 12- 19
23.01.010, 4.2
Redmond Urban GrowthArea
for the expansion of the
Deschutes County
Fairgrounds and relocation of
Oregon Military Department
National Guard Armory.
Comprehensive Plan Map
Amendment to adjust the
Bend Urban Growth
Boundary to accommodate
the refinement of the Skyline
Ranch Road alignment and the
2019-01 1
05-01-19/05-16/ 19
23.01.010, 4.2
refinement of the West Area
Master Plan Area I boundary.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan Map
Amendment, changing
2019-006
03-13-19/06-1 1-19
23.01.010,
designation of certain
property from Agriculture to
Rural Residential Exception
Area
Comprehensive Plan and Text
amendments incorporating
language from DLCD's 2014
2019-016
1 1-25-19/02-24-20
23.01.01, 2.5
Model Flood Ordinance and
Establishing a purpose
statement for the Flood Plain
Zone.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-025
Comprehensive Plan and Text
amendments to provide
procedures related to the
2019-019
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
Comprehensive Plan and Text
amendments to provide
procedures related to the
2020-001
12-1 1-19/ 12-1 1-19
23.01.01, 2.5
division of certain split zoned
properties containing Flood
Plain zoning and involving a
former or piped irrigation
canal.
Comprehensive Plan Map
Amendment to adjust the
Redmond Urban Growth
Boundary through an equal
exchange of land to/from the
Redmond UGB. The exchange
property is being offered to
better achieve land needs that
2020-002
2-26-20/5-26-20
23.01.01, 4.2, 5.2
were detailed in the 2012 SB
1544 by providing more
development ready land
within the Redmond UGB.
The ordinance also amends
the Comprehensive Plan
designation of Urban Area
Reserve for those lands
leaving the UGB.
Comprehensive Plan
Amendment with exception
to Statewide Planning Goal 11
2020-003
02-26-20/05-26-20
23.01.01, 5.10
(Public Facilities and Services)
to allow sewer on rural lands
to serve the City of Bend
Outback Water Facility.
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-025
Comprehensive Plan
Transportation System Plan
Amendment to add
roundabouts at US 20/Cook-
2020-008
06-24-20/09-22-20
23.01.010, Appendix C
O.B. Riley and US 20/Old
Bend -Redmond Hwy
intersections; amend Tables
5.371 and 5.372 and amend
TSP text.
Housekeeping Amendments
2020-007
07-29-20/ 10-27-20
23.01.010, 2.6
correcting references to two
Sage Grouse ordinances.
Comprehensive Plan and Text
amendments to update the
County's Resource List and
2020-006
08-12-20/ 1 1-10-20
23.01.01, 2.1 1, 5.9
Historic Preservation
Ordinance to comply with the
State Historic Preservation
Rule.
Comprehensive Plan
Transportation System Plan
Amendment to add reference
2020-009
08-19-20/ 1 1-17-20
23.01.010, Appendix C
to J turns on US 97 raised
median between Bend and
Redmond; delete language
about disconnecting
Vandevert Road from US 97.
Comprehensive Plan Text
And Map Designation for
Certain Properties from
Surface Mine (SM) and
Agriculture (AG) To Rural
2020-013
08-26-20/ 1 1 /24/20
23.01.01, 5.8
Residential Exception Area
(RREA) and Remove Surface
Mining Site 461 from the
County's Goal 5 Inventory of
Significant Mineral and
Aggregate Resource Sites.
Comprehensive Plan Map
202 I -002
0 I -27-2 I /04-27-2 I
23.0 I.0 I
Designation for CertainProperty
from Agriculture
AG To Rural Industrial RI
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-025
Comprehensive Plan Map
Amendment Designation for
Certain Property from
2021-005
06-16-21 /06-16-21
23.01.01, 4.2
Agriculture (AG) To
Redmond Urban Growth
Area (RUGA) and text
amendment
Comprehensive Plan Map
Amendment Designation for
Certain Property Adding
2021-008
06-30-21/09-28-21
23.01.01
Redmond Urban Growth
Area (RUGA) and Fixing
Scrivener's Error in Ord.
2020-022
Comprehensive Plan Map
Amendment, changing
2022-001
04-13-22/07-12-22
23.01.010
designation of certain
property from Agriculture
(AG) to Rural Residential
Exception Area RREA
Comprehensive Plan Map
Amendment, changing
2022-003
04-20-22/07-19-22
23.01.010
designation of certain
property from Agriculture
(AG) to Rural Residential
Exception Area RREA
Comprehensive Plan Map
Amendment, changing
designation of certain
2022-006
06-22-22/08-19-22
23.01.010
property from Rural
Residential Exception Area
(RREA) to Bend Urban
Growth Area
07-27-22/ 10-25-22
Comprehensive Plan Map
2022-01 1
by
23.01.010
Designation for Certain
.(superseded
Ord. 2023-015)
Property from Agriculture
AG To Rural Industrial RI
Comprehensive Plan Map
Designation for Certain
2022-013
12-14-22/03-14-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area RREA
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "E" to Ordinance 2023-025
Housekeeping Amendments
correcting the location for the
2023-001
03-01-23/05-30-23
23.01.010, 5.9
Lynch and Roberts Store
Advertisement, a designated
Cultural and Historic
Resource
Comprehensive Plan Map
Designation for Certain
2023-007
04-26-23/6-25-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
Designation for Certain
2023-010
06-21-23/9-17-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
Designation for Certain
2023-018
08-30-23/ 1 1-29-23
23.01.010
Property from Agriculture
(AG) to Rural Residential
Exception Area (RREA)
Comprehensive Plan Map
2023-015
9-13-23/ 12-12-23
23.01.010
Designation for Certain
Property from Agriculture
(AG) to Rural Industrial (RI)
Comprehensive Plan Map
Amendment, changing
designation of certain
2023-025
1 1-29-23/2/27/24
23.01.010
property from Rural
Residential Exception Area
(RREA) to Bend Urban
Growth Area
DESCHUTES COUNTY COMPREHENSIVE PLAN - 2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12 LEGISLATIVE HISTORY
Exhibit "F" to Ordinance 2023-025
HEARINGS OFFICER DECISION
FILE NUMBER(S): 247-23-000415-PA, 247-23-000416-ZC
SUBJECT PROPERTY/
OWNER: Mailing Name: STATE OF OREGON
Map and Tax lot: 1812110000100
Account: 151657
Situs Address: 61200 27TH ST, BEND, OR 97702
(the "Subject Property")
APPLICANT: Eric King, City of Bend
REQUEST: Amendment to the Comprehensive Plan designation and a Zone
Change of the Subject Property from Rural Residential Exception Area
(RREA) and Multiple Use Agricultural ("MUA10") Zone to Bend Urban
Growth Boundary (UGB) Area and Urbanizable Area (UA), respectively.
The subject proposal is in conjunction with House Bill 3318 ("HB 3318"),
to bring the Stevens Road Tract into the City of Bend UGB.
STAFF CONTACT: Audrey Stuart, Associate Planner
Phone: 541-388-6679
Email: Audrey.Stuart@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutes.o rg/cd/page/247-23-000415-pa-247-23-
000416-zc-stevens-road-comprehensive-plan-amendment-and-zone-
change.
HEARINGS OFFICER: Gregory) Frank
APPLICABLE CRITERIA
Title 18 of the Deschutes County Code, the County Zoning Ordinance:
Chapter 18.32, Multiple Use Agricultural (MUA10).
Chapter 18.136, Amendments
Title 19A of the Deschutes County Code, Bend Urbanizable Area (UA) District
Title 22, Deschutes County Development Procedures Ordinance
Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning
Chapter 2, Resource Management
Chapter 4, Urban Growth Management
Chapter 5, Supplemental Sections
Appendix C-Transportation System Plan
Oregon Administrative Rules ("OAR"), Chapter 660
Division 12, Transportation Planning
Division 15, Statewide Planning Goals and Guidelines
Division 24, Urban Growth Boundaries
Oregon Revised Statutes ("ORS")
ORS 197.298, Priority of Land to be Included with Urban Growth Boundary
II. Overview Findings
A public hearing was held on October 11, 2023 (the "Hearing") providing the Applicant, Deschutes
County Planning Staff ("County Staff") and members of the public an opportunity to provide oral and
written comments related to the application in this case. Only the Applicant (City of Bend Planning
Staff and City Attorney representatives) and County Staff offered testimony and written comments
at the Hearing. No person or entity, at the Hearing, provided the Hearings Officer any testimony or
written comments in opposition to the Applicant's proposal or the evidence and findings set forth
in the Staff Report.
The Staff, in the Staff Report and during its presentation at the Hearing, expressed a level of
uncertainty related to the relationship of various County planning policies to the House Bill 3318
statutory processes. Staff, in the Staff Report (page 29), stated the following':
"The language of HB 3318 appears to refer to the planning amendments the City of Bend must
undertake in order to receive approval for bringing the subject property within the Bend UGB.
Section (2)(4) of HB 3318 includes the following definition: 'Stevens Road planning amendments'
means amendments to the city's comprehensive plans, land use regulations orzoning maps that affect
the development of the Stevens Road tract'[emphasis added].
The language of the House Bill does not specify the process, if any, that the County must undertake
for the corresponding amendment to the County Comprehensive Plan. Absent that guidance, the
subject request has been processed as a request for a Comprehensive Plan Amendment and Zone
Change pursuant to Deschutes County Code. It is not apparent to staff whether the House Bill exempts
the subject application from demonstrating compliance with Statewide Planning Goals, Deschutes
County Comprehensive Plan policies, or other provisions of Deschutes County Code.
Staff requests the Hearings Officer make specific findings regarding whether the provisions of HB 3318
are applicable approval criteria for the subject amendment to Deschutes County's Comprehensive
Plan, as well as the proposed Zone Change of the subject property."
The Hearings Officer agrees with Staff that HB 3318 is focused on actions that must be taken by the
City of Bend. The Hearings Officer finds no clear reference, in HB 3318, to any planning process or
1 See also County Senior Transportation Planner comments related to relevant/applicability of Statewide Goal 12 (Staff
Report, page 5).
2
procedures that must be undertaken by the County. The Hearings Officer concurs with Staff that
HB 3318 references to planning amendments are references to the City of Bend's comprehensive
plan, land use regulations and zoning maps.
Staff asked the Hearings Officer to determine if the Statewide Planning Goals are applicable to the
application in this case. The Applicant provided the following comments related to this issue:
'The purpose of this finding is to show that the Statewide Planning Goals are not applicable to this
proposal because of the above -cited language in Section 3 of HB 3318. Section 9 of HB 3318 provides
that standards in the bill apply to the Stevens Road Tract in lieu of statewide planning goals. Section
3(1)(a) of HB 3318 states that actions taken under sections 2 through 9 of this 2021 Act are not land
use decisions, as defined in ORS 197.015. Under this statute, ORS 197.015(10) defines a land use
decision as one that includes under (10)(o)(A) a final decision or determination made by a local
government or special district that concerns the adoption, amendment, or application of the goals.
The goals in this context refer to the Statewide Planning Goals."
The Hearings Officer does not disagree with the Applicant's above -quoted comments as they relate
to City of Bend applications and processing of the Stevens Road Tract. However, based upon the
lack of clear and objective language relating to the County processing of the Stevens Road Tract, the
Hearings Officer makes the following findings.
The Hearings Officer finds that HB 3318 does not explicitly or inferentially limit or restrict
consideration of County planning processing requirements. The Hearings Officer finds that the
County application processing requirements for Comprehensive Plan amendments, and other
relevant provisions of the Deschutes County Code ("DCC"), do require consideration of statewide
planning goals. The Hearings Officer finds the County processing requirements, including
consideration of statewide planning goals, do apply in the processing of this land use application.
The Hearings Officer acknowledges that Staff, in the Staff Report, provided findings for the County
Comprehensive Plan and other relevant provisions of the DCC. The Applicant, during Hearing
testimony, expressed agreement with the Staff Report findings related to the statewide planning
goals.
Staff, in several instances, requested the Hearings Officer consider supplementing Staff findings.
The Hearings Officer addresses those requests in the findings for the relevant criterion.2
Finally, the Hearings Officer reiterates that no person or entity testified at the Hearing or asserted
in any written document contained in the public record opposition to the Applicant's proposal. With
the exception of findings set forth in this section (Overview of Findings) and in the modified findings
related to specific sections (see footnote 2) the Hearings Officer has adopted the Staff Findings from
the Staff Report as the findings for this decision.
2 See findings for DCC 18.136.020 B (Staff Report page 8), DCC 18.136.020 C.2 (Staff Report page 10);
Comprehensive Plan sections 2.5 (Staff Report page 14), 3.6 Goal 1 (Staff Report page 22 & 23) and 3.7 (Staff
Report page 23).
3
III. BASIC FINDINGS
LOT OF RECORD: The Subject Property is a legal lot of record together with Tax Lot 200, which
borders the Subject Property to the west, pursuant to Deschutes County files 247-17-000726-PA,
727-ZC.
SITE DESCRIPTION: The Subject Property is 261.66 acres in size and is bordered on the north by
Stevens Road, which turns into Ward Road. The Subject Property is bordered to the west by a
TransCanada natural gas pipeline and 13 acres of the Subject Property are within an easement
associated with the pipeline. The application materials provide the following description of the
Subject Property:
"The Stevens Road Tract property today is undeveloped rural land with informal trail systems
meandering through the site. It is comprised of scattered junipers and occasional ponderosa pine
trees, with sagebrush and other low -coverage understory vegetation. There are rock outcrops that
form localized high points and subtle ridges throughout the site, rising between approximately 10
and 20 feet above grade."
The Subject Property is zoned Multiple Use Agricultural (MUA10) and is not within any overlay zones.
There is no mapped floodplain on the Subject Property, and it does not contain any wetlands
mapped on statewide or national inventories.
As described below, the Subject Property was approved for a UGB expansion through HB 3318.
There are associated City of Bend planning processes for the Subject Property, and the Subject
Property is referred to as Stevens Road Tract in those documents. For the purpose of this review,
Hearings Officer uses the terms'Subject Property' and'Stevens Road Tract' or'SRT' interchangeably.
10
Figure 1: Location Map and Proximity to Bend UGB
PROPOSAL: The Applicant requests approval of a Comprehensive Plan Map Amendment to change
the designation of the Subject Property from a Rural Residential Exception Area (RREA) designation to
Bend Urban Growth Area. The Applicant also requests approval of a corresponding Zoning Map
Amendment to change the zoning of the Subject Property from Multiple Use Agricultural (MUA10) to
Urbanizable Area (UA) District. The purpose of the amendments is to provide dense, master -planned
development that includes affordable housing and workforce housing, pursuant to the process
outlined in HB 3318. The submitted application materials include the following additional details:
"In 2021, the Oregon Legislature passed HB 3318 (See Exhibit G). Through this legislation, HB 3318
provides an alternative process for the City of Bend to include the Stevens Road Tract in the Bend
UGB (See Section 6 of HB 3318). The bill is limited in use to including only the 261.66 acre tract and
no other properties in the Bend UGB. The legislation further requires a two-step process for planning
this property that includes development and approval of a concept plan, and subsequent approval
of what HB 3318 refers to as planning amendments (See Section 9 of HB 3318) that outline what
amendments to the Bend Comprehensive Plan and Development Code the City must adopt to
support subsequent master planning of the Stevens Road Tract. The legislation was crafted with the
5
participation and consent of DSL, to facilitate the property for sale and future urban development."
SURROUNDING LAND USES: The area surrounding the Subject Property is defined by the City of
Bend's UGB to the west; land to the north, east, and south of the Subject Property are outside of
the UGB and contain a mix of residential use, small-scale agriculture, and public facilities.
Neighboring rural lands are zoned Multiple Use Agricultural (MUA10) and Exclusive Farm Use (EFU).
The submitted application materials include the following additional details on adjacent properties:
"North. The area north of Stevens Road includes several rural residential parcels developed with
homes and outbuildings. The County Comprehensive Plan designations in this area include
Agriculture and Rural Residential Exception Area. Most of the area is zoned MUA10, Multiple Use
Agricultural. One property approximately 38 acres in size and located at the northwest corner of
Ward Road and Stevens Road is zoned Exclusive Farm Use-Tumalo/Redmond/Bend subzone. The
area outside of the UGB includes properties from five to 40 acres in size. A Central Oregon
Irrigation District (COID) Canal runs southwest to northeast between properties inside and outside
the UGB. The area north and west of the COID canal is inside the UGB and has been developed
with detached houses in the RS, Urban Standard Residential Zone.
West. The area west of the SRT consists of the area described above as the Stevens Ranch Major
Community Master Plan. The master plan includes land designated for housing, commercial uses,
and industrial uses. The plan includes a 50-acre large lot industrial site located to the south and
abutting property owned by Deschutes County that is also north of the Knott Landfill.
South. The area due south of the SRT is owned by Deschutes County, is undeveloped, and has
similar topography and vegetation. This area is designated as Agriculture on the County's
Comprehensive Plan map and zoned EFUTRB. The County also owns land south of the SRT that
has been developed as the Knott Landfill, designated Surface Mining, and zoned for Surface
Mining. To the south and west of the SRT are a number of non-residential uses along 27th Street
south of Ferguson Rd, including the County's Road Department, Humane Society of Central Oregon,
and Central Oregon Electric Cooperative.
East. The area due east of the SRT includes several rural residential parcels south of Ward Road
and west of Ward/Larsen Road. The properties in this area are designated either Rural Residential
Exception Area or Agriculture and zoned accordingly. This area is approximately one-half mile in
depth between the SRT's eastern boundary line and Ward/Larsen Road. Non-residential uses
include Bend Community Farm and the Bend Kitty Lodge."
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on June 8, 2023, to several public
agencies and received the following comments:
Deschutes County Senior Transportation Planner, Tarik Rawlings
"I have reviewed the transmittal materials for file 247-23-000415-PA, 416-ZC for a Plan
Amendment and Zone Change for affordable housing on 261.66 acres to the north of the City of
L
Bend at 61200 27th St, Bend, OR 97702 aka County Assessor's Map 18-12-11, Tax Lot 100. The
proposal is related to House Bill 3318 (2021), and the subject property is referred to as the Stevens
Road Tract. The subject property currently has a Comprehensive Plan designation of Rural
Residential Exception Area (RREA) and is zoned as Multiple Use Agriculture (MUA-10). The proposal
would annex the area and change the designation to the City's Urbanizing Area (UA).
HB 3318 Section 3 specifically states that actions taken under Sections 2 to 9, including Plan
Amendments and Zone Changes, are not land use decisions as defined in ORS 197.015 and,
therefore, are not required to comply with Statewide Planning Goal 12 (Transportation), which is
implemented by the Transportation Planning Rule (TPR) - OAR 660-012-0060. However, local codes
still require traffic analysis, specifically Deschutes County Code (DCC) 18.116.310(C)(3) and
18.116.310(E)(4), which may apply to the subject proposal.
The subject property will be brought into the City of Bend as a result of the proposal. There
currently is no specific proposal to develop the land, but the City's transportation consultant had
prepared an assessment dated (May 17, 2022) reviewing the potential trip generation of the
property and planned improvements to affected City facilities. There were no adverse effects
outlined in the assessment. Under the joint Area Management Agreement between City of Bend
and Deschutes County, jurisdictional transfer of roads are accomplished as part of annexation.
The site is currently served by Stevens Road (County designated Rural Collector) to the north.
Adequacy of current and future transportation facilities will be reviewed per the Bend development
code as the land is proposed to develop. Finally, HB 3318 exempts the subject property from any
Statewide Planning Goals, including Goal 12 (Transportation) as the subject property includes
affordable housing and that the proposal is not a land use decision. Therefore, the Transportation
Planning Rule (TPR) at OAR 660-012, does not apply nor does Deschutes County Code (DCC)
18.116.310. Staff finds this goal is met."
The following agencies did not respond to the notice: Arnold Irrigation District, Bend Fire
Department, City of Bend Planning Department, City of Bend Growth Management Department,
Oregon Department of Agriculture, Oregon Department of Land Conservation and Development,
Department of State Lands, Deschutes County Assessor, Deschutes County Building Division,
Deschutes County Road Department, and District 11 Watermaster.
PUBLIC COMMENTS: The Planning Division mailed notice of the application to all property owners
within 750 feet of the subject property on June 8, 2023. The Applicant also complied with the posted
notice requirements of Section 22.24.030(B) of Title 22. The Applicant submitted a Land Use Action
Sign Affidavit indicating the Applicant posted notice of the land use action on June 12, 2023. Two
public comments were received into the record. The first, from John Heylin (6/23/2023 email)
expressed support for the application proposal. The second, from David and Theresa Douglas
(10/11 /2023 email) expressed concerns related to roadway access if and when the Subject Property
is developed. The Douglas email did not set forth any objections to the application in this case.
NOTICE REQUIREMENT: On September 1, 2023, the Planning Division mailed a Notice of Public
Hearing to all property owners within 750 feet of the Subject Property and public agencies. A Notice
of Public Hearing was published in the Bend Bulletin on Sunday, September 3, 2023. Notice of the
7
first evidentiary hearing was submitted to the Department of Land Conservation and Development
on September 3, 2023.
REVIEW PERIOD: According to Deschutes County Code 22.20.040(D), the review of the proposed
quasi-judicial plan amendment and zone change application is not subject to the 150-day review
period.
IV. GENERAL FINDINGS & CONCLUSIONS
Title 19A of the Deschutes County Code, Bend Urbanizable Area District
Section 19A.01.010 Purpose, Applicability And Definitions
1. Purpose. The Urbanizable Area (UA) District is intended to preserve large areas of
undeveloped or rural land for future urban development prior to annexation. The
UA District promotes the livability, stability, safety and improvement of the City of
Bend by allowing orderly development consistent with the Bend Comprehensive
Plan.
2. Applicability. The provisions of the UA District apply to all land inside the Urban
Growth Boundary but outside the city limits, except for the land withdrawn from the
City of Bend by the County by City Resolution 2459. The City of Bend is responsible
for administering Title 19A using the Bend Development Code (BDC).
The UA District will automatically be removed upon annexation to the City, and the
zoning that implements the Bend Comprehensive Plan designation for the property
will apply.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
'As described above, the applicant proposes to change the zoning of the subject property to
Urbanizable Area, which will function as a holding zone until the property is annexed into the Bend
city limits. Staff finds that DCC 19A.01.010 is a purpose statement, which sets forth a general
expression of a goal or objective to maintain large areas of undeveloped or rural land for future urban
development prior to annexation. See Beck v. City, of Tillamook, 20 Or LUBA 178, 185-86 (1990). Staff
therefore finds DCC 19A.01.010 is not an approval criterion for the subject application."
Title 18 of the Deschutes County Code, County Zoning
Chapter 18.136, Amendments
Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or
legislative map changes shall be as set forth in DCC 22.12. A request by a property owner
for a quasi-judicial map amendment shall be accomplished by filing an application on
forms provided by the Planning Department and shall be subject to applicable procedures
of DCC Title 22.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant, also the property owner, has requested a quasi-judicial plan amendment and filed the
applications for a plan amendment and zone change. The Applicant has filed the required Planning
Division's land use application forms for the proposal. The application will be reviewed utilizing the
applicable procedures contained in Title 22 of the Deschutes County Code."
Section 18.136.020, Rezoning Standards
The applicant for a quasi-judicial rezoning must establish that the public interest is best
served by rezoning the property. Factors to be demonstrated by the applicant are:
A. That the change conforms with the Comprehensive Plan, and the change is
consistent with the plan's introductory statement and goals.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant provided the following response in its submitted burden of proof statement.
'The proposed amendment will be consistent with the applicable elements of the Comprehensive
Plan Vision Statement. The expansion of the Bend UGB to include the Stevens Road Tract is a
necessary step before completing planning amendments required under HB 3318. This legislation
requires certain elements to be addressed in planning amendments adopted by the City after an
approved UGB expansion, which will also be consistent with these elements of the Vision Statement
as follows:
The beauty, boundary, and richness of a healthy natural environment. The proposal will
satisfy this element because future master planning will be based upon an inventory of significant
historical artifacts, cultural sites, and natural resources, and land use regulations for their
protection and preservation (See Section 9(1)(a) and (b) of HB 3318)
A strong and diverse economy. The proposal will satisfy this element because the Concept
Plan for the Stevens Road Tract contemplates approximately five (5) acres of land for Commercial
plan designations, and another seven (7) for Mixed Employment. In addition, the Concept Plan
Alternative 3 shows the potential for over Z400 new housing units that can support the
commercial areas to the west within the Stevens Ranch Master Plan.
Access to a wide variety of outdoor recreational opportunities. The proposal meets this
element because the Concept Plan proposes: 1) a 29-acre Community Park adjacent to the Stevens
Ranch Master plan; 2) a green loop of trails around the perimeter of the tract and within the tract
along the planned local and collector streets, and, 3) an additional three (3) acres of undesignated
open spaces that would be determined as part of future master planning for the Stevens Road
Tract.
9
The rural character of the region. The proposal is consistent with this element because
master planning for the Stevens Road Tract will be based on an inventory of significant natural
resources, including significant trees and rock outcrops, and these resources will be protected and
preserved through land use regulations incorporated in the Bend Development Code.'
Staff concurs with the Applicant's response to the Community Vision section of the Comprehensive
Plan. The Applicant identified specific Comprehensive Plan Goals and policies that apply to the
proposal and has provided a response to each. These findings are listed in the Comprehensive Plan
section of this staff report in further detail. Staff agrees with the Applicant's analysis and finds the
above provision to be met based on Comprehensive Plan conformance as demonstrated in
subsequent findings."
B. That the change in classification for the subject property is consistent with the
purpose and intent of the proposed zone classification.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant provided the following response in the submitted burden of proof statement.
'The proposal meets this criterion because the proposed change in classification for the SRT is
consistent with the purpose and intent of the proposed zone classification. The proposal is to
change the zoning of the SRT from MUA10, Multiple Use Agricultural, to UA, Urbonizable Area. The
intent of applying the UA is to limit the development of the SRT, and maintain this tract as one
block of land, until such time as the DSL surpluses the property to a developer. The City will then
collaborate with a developer to ensure a final master plan submitted to the city for approval
satisfies the planning amendments adopted to satisfy the requirements of Section 9 of HB 3318.
Once the master plan is approved and the SRT annexed, the City's zoning map will be changed to
reflect those City Comprehensive Plan designations applied to the SRT through the master plan.'
The purpose of the UA Zone is described in DCC 19A.01.010, which is addressed above. Staff finds the
proposed Zone Change will allow orderly development consistent with the Bend Comprehensive Plan
by retaining the subject property, as undeveloped land until it is annexed, at which time Bend
Comprehensive Plan designations will be applied. The provisions of the UA Zone are intended to
preserve land for future urbanization by regulating land divisions, allowed uses, and other
development standards. Staff finds the UA Zone is an appropriate zoning designation for the subject
property, based on the intended use of future annexation.
Staff finds the Applicant has demonstrated the change in classification is consistent with the purpose
and intent of the UA Zone, and asks the Hearings Officer to amend or add to these findings as the
Hearings Officer sees fit."
The Hearings Officer finds that the Applicant has submitted substantial evidence that the change in
classification is consistent with the purpose and intent of the UA Zone.
10
C. That changing the zoning will presently serve the public health, safety and welfare
considering the following factors:
1. The availability and efficiency of providing necessary public services and
facilities.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"Although there are no plans to develop the properties in their current state, the above criterion
specifically asks if the proposed zone exchange will presently serve public health, safety, and welfare.
The Applicant provided the following response in the submitted burden of proof statement:
'The proposal satisfies criterion (3)(1) because public services and facilities are available and can
be provided efficiently to the SRT. As evidence in support of these Proposal, the applicant has
included in the record theJune 2023 Stevens Road Tract Concept Plan (See Exhibit H) and the Plan's
Technical Appendices (See Exhibit I). The Concept Plan includes evidence that transportation
facilities, water, and wastewater collection infrastructure can be provided to the SRT to serve future
housing, commercial, mixed use, and open space (parks) development. These provisions of the
Concept Plan are required by HB 3318 to be in the City's planning amendments adopted after UGB
expansion.'
No issues have been identified in the record regarding service provision to the subject property. The
Bend UGB is adjacent to the west side of the subject property, and the neighboring 382-acre parcel to
the west is the Stevens Ranch Master Plan property. This neighboring property has not been developed
yet but underwent a master planning process that accounted for parks, a new elementary school, and
other public facilities necessary to serve the proposed residential commercial, and industrial uses.
Staff finds the proximity to the Bend UGB will allow for efficient provision c f public services. In addition,
the master planning projects on the subject property and surrounding vicinity will ensure adequate
land is provided for public facilities.
The subject property is bordered to the north by Stevens Road, which is classified as a County -
maintained Rural Collector. This road connection provides direct access to land within the Bend UGB
as well as surrounding rural lands. In addition, the Concept Plan submitted with the application
materials demonstrates a future road network within the subject property has been planned for. The
Stevens Road Tract Concept Plan submitted with the application materials also provides an overview
of water, sewer, and stormwater infrastructure that would be required to serve property. These
supporting materials indicate the Applicant has collected preliminary comments regarding the system
upgrades that would be required, and the approximate locations of road and sewer extensions.
There are no known deficiencies in public services or facilities that would negatively impact public
health, safety, or welfare. In addition, the application materials indicate coordination has begun with
Avion Water and public agencies to ensure necessary public facilities and services can be provided.
Prior to development of the properties, the Applicant would be required to comply with the applicable
requirements of the Deschutes County Code or the Bend Development Code, if development occurs
11
after annexation whether. Through these development review processes, assurance of adequate
public services and facilities will be verified. Staff finds this provision is met."
2. The impacts on surrounding land use will be consistent with the specific goals
and policies contained within the Comprehensive Plan.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The proposed Zone Change from MUA10 to UA will not generate additional development or impacts
to surrounding properties. The UA Zone will function as a holdingzone to preserve the subject property
in its current configuration until it is brought into the City of Bend, and new urban zoning designations
are assigned. If any development occurs while the property remains within Deschutes County zoning,
all necessary land use permits will need to be obtained and compatibility with surrounding uses will
be evaluated.
The Applicant provided specific findings for each relevant Comprehensive Plan goal and policy, which
are addressed below. Staff finds the Applicant has demonstrated the impacts on surrounding land
use will be consistent with the specific goals and policies contained within the Comprehensive Plan,
and asks the Hearings Officer to amend or add to these findings as the Hearings Officer sees fit."
The Hearings Officer finds that Applicant has adequately, with substantial evidence in the record,
demonstrated that the impacts on surrounding land use will be consistent with the specific goals
and policies contained within the Comprehensive Plan.
D. That there has been a change in circumstances since the property was last zoned,
or a mistake was made in the zoning of the property in question.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant proposed to rezone the properties from MUA10 to UA and re -designate the properties
from Rural Residential Exception Area to Bend Urban Growth Boundary. The Applicant provided the
following response in the submitted burden of proof statement:
'The proposal meets this criterion, because there has been a change of circumstances since the
property (aka SRT) was lastzoned. The property owner, the Division of State Lands or DSL, obtained
approval of quasi-judicial plan and zone map amendments for the SRT in 2018. Through
Ordinance 2018-11, the County approved a quasi-judicial change to the plan designation from
Agriculture to Rural Residential Exception Area, and a change to the zoning from Exclusive Farm
Use-Tumalo/Redmond/Bend subzone to Multiple Use Agricultural (MUA10). In 2021, the Oregon
Legislature passed HB 3318, providing for an alternative process to bring the SRT into the Bend
UGB. HB 3318 passed both chambers, was signed by Governor Brown on July 19, 2021, and
became effective on September 25, 2021. The Bend City Council subsequently approved a Concept
Plan for the Stevens Road Tract in June 2022.'
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Staff finds the adoption of House Bill 3318 represents a change in circumstances because it modifies
the process for the subject property to be brought into the Bend UGB. This legislation is specific to the
subject property, and represents a clear change in the conditions that apply to this property and the
subject application. Staff finds this criterion is met."
Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning
Section 1.3, Land Use Planning
Goal 1, Maintain an open and public land use process in which decisions are based on the
objective evaluation of facts.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"Planning and development of the subject property will involve public processes led by the State of
Oregon, Deschutes County, and City of Bend. First, legislation was passed to allow the subject property
to be brought into the Bend UGB for the purpose of developing affordable housing. The language of
HB 3318 includes an objective evaluation of facts regarding the subject property, including: the
property is not in a resource zone, the property has no associated water rights, the property is held
by the Common School Fund, and the property is adjacent to a UGB. The passage of this state
legislation was not subject to Deschutes County's Procedures Ordinance, however, staff finds it
involved an open and public process.
The subject application is being evaluated based on an objective review of compliance with Statewide
Planning Goals, Deschutes County Comprehensive Plan policies, and Oregon Administrative Rules. A
public hearing will be held before a Hearings Officer an October 11, 2023, and members of the public
can attend and testify at that hearing. Pursuant to DCC 22.28.030, the Board of County Commissioners
will take final action on the application and may choose to either adopt the Hearings Officer findings
or conduct their own hearing. This Comprehensive Plan Amendment and Zone Change application
will be evaluated through an open process that allows for public input and follows Deschutes County's
Procedures Ordinance.
The City of Bend is undertaking parallel planning efforts to amend their Comprehensive Plan, develop
a Concept Plan for the subject property, draft Code amendments specific to the subject property, and
eventually annex the subject property and facilitate a master planning process. The application
materials document public open houses that have been held for the Stevens Road Tract Concept Plan
project, as well as public meetings with the City's Planning Commission and City Council. These City -
led efforts allow for greater public involvement in the planning and development of the subject
property, even though they are not directed specifically at the subject Comprehensive Plan
Amendment and Zone Change application.
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Staff finds that within each of the steps described above, there is an open and public process that is
based on an objective evaluation of facts. This criterion will be met."
Goal 2, Promote regional cooperation and partnerships on planning issues.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The subject application is the result of a collaborative effort between City of Bend, Deschutes County,
and the State of Oregon. The application represents a regional effort to address a key planning issue,
housing affordability, through the implementation of HB 3318, There are a number of parallel
processes that are being undertaken by partner agencies in order to eventually master plan and
develop the subject property with a variety of uses, including deed -restricted affordable housing.
The City of Bend has developed a concept plan for the subject property, and is amending their own
Comprehensive Plan and development code to reflect this concept plan. Once the County's
Comprehensive Plan amendment and the City's development code amendments are both completed,
Department of State Lands can initiate the process to transfer the property ownership to City of Bend.
These multi -step planning processes are interrelated and require regional coordination, and staff
finds they demonstrate cooperation and partnership between the County, City, and State agencies."
Chapter 2, Resource Management
Section 2.2, Agricultural Lands Policies
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Subject property has a Comprehensive Plan designation of Rural Residential Exception Area and
is therefore not categorized as agricultural lands. In addition, staff finds there is nothing in the record
that indicates the property is inform use. Agricultural lands policies do not apply."
Section 2.3, Forests
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The subject property has a Comprehensive Plan designation of Rural Residential Exception Area and
is therefore not categorized as forest land. Staff therefore finds forest land policies do not apply."
Section 2.4, Goal 5 Overview Policies
Goal 1, Protect Goal 5 Policies
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FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant provided the following response to this criterion in their submitted Burden of Proof
The proposal will be consistent with this goal because the applicant has reviewed the County's
Inventory of Goal 5 resources and confirmed that none were identified and mapped on the SRT.
The Concept Plan also includes planned actions to protect significant trees and rock outcrops,
inventory and protect cultural resources, and identify locations for open spaces (e.g., community
parks, loop trail) on the SRT. These provisions of the Concept Plan are required by HB 3318 to be
in the City's planning amendments adopted after UGB expansion.
Staff concurs with this analysis, and notes the Applicant does not propose to repeal or modify any
Goal 5 policies as part of this application.
The County's Goal 5 policies are partially implemented through the Landscape Management
Combining Zone, which regulates development within designated scenic corridors. The subject
property is not within the Landscape Management Combining Zone. In addition, the subject property
does not contain any jurisdictional wetlands mapped on a statewide or national wetland inventory.
The Applicant does not propose to remove any Goal 5-related overlay zones from the subject property
or change mapped resources. Eventual development of the subject property will be regulated by the
Bend Development Code and any applicable State regulations. The application materials indicate a
thorough review of resources within the site has been conducted, and no Goal 5 resources have been
identified.
For these reasons, staff finds the proposed Comprehensive Plan Amendment and Zone Change will
not have an adverse impact on Goal 5 policies."
Section 2.5, Water Resources Policies
Goal 6, Coordinate land use and water policies.
Policy 2.5.24 Ensure water impacts are reviewed and, if necessary, addressed for
significant land uses or developments.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant has not proposed a specific development application at this time. Below, the Applicant
argues they are therefore not required to address water impacts associated with development.
Instead, water impacts would be reviewed during development of the subject property, under any
necessary land use applications.
'The applicant finds that the goals and policies of Section 2.5 are not applicable to review of the
proposed amendments because the proposed amendments will not have the effect of impacting
15
or potentially impacting water resources. The subject property does not have any water rights
associated with it and is not adjacent to or bisected by either a river or stream. The proposed
amendments themselves would have the effect of amending the Bend urban growth boundary to
include the subject property and changing its plan designation and
zoning. No development is proposed at this time that would affect either surface or subsurface
water resources. The application materials include the Stevens Road Tract Concept Plan (See
Exhibit H) and the Technical Appendices (See Exhibit 1). These documents, including Appendix L
document how domestic water will be provided to the Stevens Road Tract by the Avion Water
Company.'
The Stevens Road Concept Plan also includes the following analysis of water provision to the subject
property, which staff finds relevant in addressing this policy.
'The City contacted Avion regarding water infrastructure needed to serve the proposed future
development that may result from this Concept Plan and Avion identified the key infrastructure
improvements needed to provide water to the Tract. These improvements include: a 1.5-million-
gallon day tank and a booster plant for the tank. Detailed locations of water lines by size will be
determined in the future along with local road locations and final land use designations.'
If this criterion does require an analysis of the water impacts that will be generated by future urban
development of the subject property, staff finds the application materials demonstrate these water
impacts have been reviewed. However, staff requests the Hearings Officer amend or add to these
findings as the Hearings Officer sees fit."
The Hearings Officer incorporates the Overview Findings as additional findings for this section. The
Hearings Officer finds that the Applicant has submitted substantial evidence to demonstrate that
relevant water impacts have been reviewed and addressed.
Section 2.6, Wildlife
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"There are no Goal 5-listed wildlife species present on the subject property, based on the Goal 5
inventory nor threatened or endangered species. There is no identified wildlife habitat on the subject
property."
Section 2.7, Open Spaces, Scenic Views and Sites
Goal 1, Coordinate with property owners to ensure protection of significant open spaces
and scenic view and sites.
Policy 2.7.1 Goal 5 open spaces, scenic views and sites inventories, ESEEs and
programs are retained and not repealed.
M
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The applicant provided the following response to this policy:
'The applicant finds that the proposal is consistent with this plan policy because it does not
propose to either remove or repeal any scenic views, site inventories, ESEE analyses, or programs
for protection of open spaces and scenic view under Statewide Planning Goal 5. The proposed
amendments include two amendments to the Deschutes County Comprehensive Plan map to
include the subject property within the Bend Urban Growth Boundary and change its plan
designation from Rural Residential Exception Area to Urban Growth Boundary. The proposed
amendments also include amendments to the County's Zoning Map to change to the zoning for
the subject property from MUA10 to UA, Urbonizable Area. No amendments to the text of the
County's Goal 5 inventories are proposed.
The applicant has evaluated whether any Goal 5 resources would be affected by the development
of the Stevens Road Tract through the work on Stevens Road Tract Concept Plan (See Exhibit H).
The application materials provided with the application also include the technical appendices to
the Concept Plan (See Exhibit I), which includes Appendix E - Historic, Cultural, and Natural
Resources Technical Memorandum. This memorandum provides the results of the project staffs
research, using the County's adopted Goal 5 inventories, to determine what resources would
potentially be impacted by development of the Stevens Road Tract. The memorandum documents
the review of the existing inventories and found that there are no Goal 5 open space, scenic view,
or site inventories that would be impacted by development of the Tract.'
Staff concurs with the Applicant's response and finds this criterion has been met."
Policy 2.7.2 Cooperate with stakeholders to establish a comprehensive system of
connected open spaces.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
'The applicant provided the following response to this policy:
'The proposed amendment will be consistent with this policy because the amendment to the UGB
has been preceded by the adoption of a Concept Plan for the Stevens Road Tract (See Exhibit H)
that includes a proposed green -loop trail system, and this system's development can be
coordinated with the development of other trails in the area. The application materials include the
approved Concept Plan for the Stevens Road Tract. This document shows that incorporation of a
trail system (aka green -loop) was incorporated in the transportation planning for the Tract. In
addition, the materials submitted with the proposed amendments include the Technical
Appendices (See Exhibit I), which includes a Planning Context technical memorandum (Appendix
C) that draws on and incorporates the most recent work on trail development by the Bend Park
and Recreation District from their 2018 Comprehensive Plan.'
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Staff finds the applicant's response, above, demonstrates coordination has already begun to ensure
trails and parks within the subject property are part of a connected network."
Policy 2.7.3 Support efforts to identify and protect significant open spaces and
visually important areas including those that provide a visual separation between
communities such as the open spaces of Bend and Redmond or lands that are
visually prominent.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The application materials include diagrams and photographs of the subject property that inventory
existing natural features and conditions on the site. This inventory maps features such as existing
trails, mature trees, rock outcrops, and views of Three Sisters, Broken Top, and Mt. Bachelor. The
application materials demonstrate an effort to identify significant open space and visually important
areas by conducting a thorough analysis of the site's existing natural conditions.
The policy language above specifically references open space of Bend, which staff finds applicable to
the subject proposal. The high-level Concept Plan for the subject property indicates 29 acres of land
will be protected for a community park, in addition to other land preserved for trails. The public
ownership of the subject property, and the Master Plan process that will be required, presents a
unique opportunity to designate land early in the planning process as future park land. Approval of
the proposed Comprehensive Plan Amendment is one step towards formally preserving this open
space through park creation, and therefore supports this policy."
Policy 2.7.4 Encourage a variety of approaches that protect significant open spaces
and scenic views and sites.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
'The Stevens Road Tract Concept Plan includes the following statement regarding the importance of
preserving open space during the planning process:
'The natural beauty of the site - key trees, outcrops, views - should be retained so they can be
enjoyed by all in the future. Parks and open space provide a great opportunity to retain these
special features for all members of the community. Locating multifamily
and affordable housing in prime locations with close proximity and access to parks
and open space, ensures equitable access and opportunity for all to enjoy the natural features
that make this area unique.'
The application materials indicate a variety of approaches will be utilized to preserve open spaces
and scenic views on the site. These approaches include strategically locating new zoning designations,
IN
coordinating with BPRD on the location and design of a community park, and building a connected
trails system within the property."
Policy 2.7.5 Encourage new development to be sensitive to scenic views and sites.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"No development or new uses are proposed on the subject property at this time, but a concept plan
has been approved by the Bend City Council. While the approved concept plan is not an applicable
approval criterion under Deschutes County Code, it provides context on the type of development
planned for the subject property. As noted above, the eventual development of the subject property
will occur after it has been annexed into the City of Bend, and future development will therefore be
subject to the Bend Development Code."
Section 2.8, Energy Policies
Goal 1, Promote energy conservation.
Goal 2, Promote affordable, efficient, reliable and environmentally sound energy systems
for individual home and business consumers.
Goal 3, Promote affordable, efficient, reliable and environmentally sound commercial
energy facilities.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant proposes to rezone the subject property to UA and bring it within the Bend UGB. No
specific development is proposed at this time, therefore review of specific energy systems is not
applicable. However, the Applicant provided the following description of how the future development
of the subject property will align with these goals:
'The proposed amendments are a necessary step to implementing the Stevens Road Tract Concept
Plan (See Exhibit H). The Concept Plan included an Alternative 3 that was supported by the City
Council because it included a multi -modal transportation system that proposes future
infrastructure for making trips by walking, bicycling, and taking transit. This alternative's design
also proposes location of land uses so that housing is within walkable distances of main streets
(e.g., Wilderness Way), the commercial areas along Wilderness Way, and to the proposed
Community Park. In addition, proposed medium and high -density housing has been located along
Wilderness Way so that children have the option to walk to
the school site within the Stevens Ranch Master Plan.'
Staff concurs with this analysis and finds energy conservation has been considered throughout the
application materials. Figures included on pages 71-72 of the Stevens Road Tract Concept Plan
19
indicate that of the three alternatives that were proposed, the one selected would lead to the greatest
energy conservation. The selected land use concept had the lowest estimated energy consumption per
household and the lowest estimated carbon emissions per household. To the extent these goals apply
to the subject application, staff finds they have been met."
Section 2.9, Environmental Quality
Goal 1. Maintain and improve the quality of the air, water and land.
Goal2. Promote sustainable building practices that minimize the impacts on the natural
environment.
Goal3. Encourage and increase recycling
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Stevens Road Tract Concept Plan includes the following statement on sustainable building
practices.
'Energy efficiency in home and building design are very important. All of the housing and non-
residential buildings in the development will be new and, therefore, more efficient than older
homes.'
The application materials demonstrate impacts on water, energy usage, and carbon emissions have
been evaluated. The building materials and specific design will occur at a later date and will be
reviewed by the City of Bend. The proposed zoning designation, UA, is intended to serve as a holding
zone while the property remains undeveloped. The Applicant is not required to provide detailed
information on future building practices and building materials as part of a Comprehensive Plan
Amendment application. However, staff finds the applicant has demonstrated the future Bend
Development Code amendments will promote sustainability and consider impacts to resources within
the subject property.
Finally, staff notes the subject property is located approximately 0.3 miles north of a Deschutes
County -owned property with a garbage and recycling transfer station. The application materials do
not list specific measures that will be taken to encourage and increase recycling within the Stevens
Road Tract. However, the proximity to established recycling facilities will afford benefits to future
developments within the subject property."
Section 2.10, Surface Minin-
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
in
"The subject property is not designated as a surface mine on the Deschutes County Comprehensive
Plan. The Applicant does not seek to modify or amend the County's Goal 5 Aggregate and Mineral
inventory list or the Goal 5 program. Staff finds this criterion does not apply."
Section 2 11 Cultural and Historic Resources
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
'The application materials include a memorandum from Damian Syrnyk, City of Bend Senior Planner,
regarding previous inventories of cultural resources that have been conducted on the subject property.
The March 28, 202Z memorandum, titled Stevens Road Tract Concept Plan- Historic, Cultural, and
Natural Resources, included the following statement.
'The County's Goal 5 inventory of Cultural and Historic Resources (See Section 5.9) has not
identified any cultural or historic buildings/resources on the Tract. The closest historic
buildings/cultural resources are the Agnes Mae Allen Sottong and HenryJ. Sottong House and Barn
(See No. 35) located roughly two miles to the south on Tekampe Road. The DSL has completed
prior archeological surveys for the Tract and the DSL property included in the Bend urban growth
boundary (UGB) in 2016. Attached to this memorandum is a jonuary 11, 2022 "Cultural Review of
DSL's Stevens Road Tract" prepared by Gary Curtis of DSL. DSL has conducted six (6) cultural
resource surveys of the original Section 11, with the most recent survey of the Tract completed in
1996. The report does not indicate that either historic or cultural resources were identified by this
or previous surveys. The CTWS recommended completing anew archeological surveygiven the age
of the last survey (1996) and because the last survey did not cover the entire Tract.'
The memorandum also indicates two meetings were held with the Confederated Tribes of Warm
Springs and one meeting was held with the State Historic Preservation Office to review these findings.
The methodology and outcomes of this previous work indicate cultural and historic resources have
been factored in throughout the concept planning of the subject property. The application materials
also note that.
'HB 3318 requires future planning amendments to include: '(o)n inventory of significant historical
artifacts, cultural sites and natural resources' (see Section 9(1)(o) of HB 3318).'
Based on the extensive work that has been done to survey cultural and historic resources on the
subject property, and the requirements of HB 3318, staff finds the proposal will comply with this
Comprehensive Plan section."
Chapter 3, Rural Growth
Section 3.3, Rural Housing Policies
Goal 1, Maintain the rural character and safety of housing in unincorporated Deschutes
County
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FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant provided the following response to this section in their burden of proof.•
'The applicant finds that this goal is not appliable to the proposed amendments. The proposed
amendments would have the effect of including the Stevens Road Tract within the Bend urban
growth boundary, changing its plan designation to Bend Urban Growth Boundary, and changing
the zoning to UA, Urbanizable Area. Should the County conclude the goal is applicable, the
applicant provides the following finding to show the proposal complies with this goal.
The proposed amendments would have the effect of including the subject property, the Stevens
Road Tract, within the Bend Urban Growth Boundary. This is a necessary step to development of
the property for housing, as envisioned through 2021 HB 3318. The application materials include
a copy of the Concept Plan for the Stevens Road Tract (See Exhibit H), which considered several
land use and open space alternatives. Each alternative considered more land for RS, Urban
Standard Residential, development toward the eastern boundary of the tract, which is adjacent to
rural residential development that has occurred between the Tract and Larsen Road. The
alternatives provide the opportunity for larger residential lots along this property boundary that
can provide more of a transition between the urban development to the west within the Tract and
the rural residential areas to the east. Based on this finding, the applicant finds that the proposal
is also consistent with Goal 1.'
Staff concurs with this analysis and finds no new rural housing is proposed."
Policy 3.3.1, Except for parcels in the Westside Transect Zone, the minimum parcel
size for new rural residential shall be 10 acres.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"No land division is proposed as part of the subject application. Staff therefore finds this criterion does
not apply."
Policy 3.3.2, Incorporate farm and forest housing reports into a wider system for
tracking the cumulative effects of rural housing development.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The subject Comprehensive Plan Amendment and Zone Change does not review or approve any new
uses or construction on the subject property. In addition, the proposed UA zoning is not a farm or
forestzone, therefore new residential construction would not be subject to this reporting requirement.
Staff therefore finds this criterion does not apply."
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Policy 3.3.4, Encourage new subdivisions to incorporate alternative development
patterns, such as cluster developments, that mitigate community and
environmental impacts.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"No land divisions, including subdivisions, are proposed with the subject application. Future division
of the subject property will occur after annexation and will be reviewed by the City of Bend. Staff finds
future land divisions will meet the intent of this policy, because they will be guided by the Stevens Road
Concept Plan and the site -specific amendments to the Bend Development Code, which are designed
to mitigate community and environmental impacts."
Policy 3.3.5, Maintain the rural character of the County while ensuring a diversity of
housing opportunities, including initiating discussions to amend State Statute
and/or Oregon Administrative Rule to permit accessory dwelling units in the
Exclusive Farm Use, Forest and Rural Residential zones.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The applicant provided the following response to this criterion:
'The applicant finds that this policy is not applicable because the proposed amendments do not
propose any changes to either the County's Comprehensive Plan or Zoning Ordinance that would
have the effect of allowing accessory dwelling units in the Exclusive Farm Use, Forest or Rural
Residential Zones. The proposed amendments would have the effect of amending the County's
Comprehensive Plan map to include the Stevens Road Tract, change its plan designation to Bend
Urban Growth Boundary, and change is zoning to Urbanizable Area on the County's Zoning Map.
The proposed amendments do not include any concurrent amendments to the County's Zoning
Ordinance that would permit accessory dwelling units in above -cited zones.'
Staff concurs that the portion of this policy regarding accessory dwelling units does not apply. Future
development of the subject property will provide a diversity of opportunities including both market -
rate housing and deed -restricted affordable housing, which may be developed as a combination of
single-family and multi family housing. Staff notes the development of housing on the subject property
will be subject to a City of Bend review process and will not occur under the proposed UA zoning. No
development is proposed during the time the subject property remains in the UA Zone, and no impacts
to the rural character of the property are anticipated. Prior to development, the subject property will
be annexed into the Bend city limits and the Comprehensive Plan protections on rural land will no
longer apply to the property. Staff therefore finds the proposal complies with the applicable sections
of this policy, namely those regarding rural character and provision of housing opportunities."
Goal2, Support agencies and non -profits that provide affordable housing
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Policy 3.3.6 Support Central Oregon Regional Housing Authority and other
stakeholders to meet the housing needs of all Deschutes County residents.
a. Assist as needed in coordinating and implementing housing assistance
programs.
b. Support efforts to provide affordable and workforce housing in urban growth
boundaries and unincorporated communities.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant provided the following response in their Burden of Proof:
'The proposed amendments are consistent with this goal because the planning for the Stevens
Road Tract includes identifying specific lands for deed -restricted affordable housing. Section 9(2)
requires at least 20 net acres of land to be identified for deed -restricted affordable housing. This
has been reflected in the Concept Plan for the Stevens Road Tract and is reflected in a recorded
agreement between the City and DSL for the City to purchase these acres and develop them for
affordable housing, as required by HB 3318. These provisions of the Concept Plan are required by
HB 3318 to be in the City's planning amendments adopted after UGB expansion.'
Staff finds the Applicant has demonstrated compliance with this policy. The proposed UGB expansion
will be reviewed by the Department of Land Conservation and Development for conformance with the
provisions of HB 3318, including the requirements to designate land within the subject property for
affordable housing. The development and management of these affordable housing units will require
multiagency coordination, and the application materials indicate this stakeholder coordination is
underway.
Staff finds the proposed Comprehensive Plan Amendment will support the eventual development of
workforce housing within an urban growth boundary. This criterion will be met."
Policy 3.3.7, Utilize block grants and other funding to assist in providing and
maintaining low and moderate income housing.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
'The application materials include an Affordable Housing Memorandum, dated January 25, 2022, and
prepared by ECONorthwest consulting group. This memorandum provides an analysis of various
funding sources that can be utilized in developing affordable housing, such as the Low Income Housing
Tax Credit (LIHTC). The memorandum also provides a detailed analysis of the different housing types
and ownership models that are likely to be developed within the subject property based on the
preliminary zoning concept.
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The memorandum also provided the following information on existing programs that can provide gap
funding or otherwise assist in providing affordable housing.
'The City of Bend has some financial tools that can assist in incentivizing affordable housing and
influencing financial feasibility.
• Affordable Housing Fund. The City of Bend levies a Construction Excise Tax on the value
of building permits that goes towards supporting the development of affordable housing.
Currently, the fund is used to acquire land for deed -restricted affordable housing,
develop the land, construct homes, or rehabilitate homes.
• Community Development Block Grants (CDBGs). Each year the City of Bend allocates
some of its CDBG funds to affordable housing projects being developed by nonprofit
affordable housing providers.
• City Surplus Property. Bend routinely sells or conveys some of its excess land holdings to
affordable housing providers.
Low -Income Rental Property Tax Exemptions. The City awards a 20 year renewable
property tax exemption to qualifying affordable rental housing projects.
• System Development Charge Exemptions. All City system development charges (SDCs) are
exempted for deed -restricted units at or below 80916 of AML (Parks SDCs charged by Bend
Parks and Recreation District are not exempted.)'
The language of HB 3318 describes the acres of land that must be dedicated to housing for different
income levels. The application materials indicate the Applicant has evaluated how to leverage a variety
of funding sources to provide affordable housing in a way that complies with the House Bill."
Section 3.4, Rural Economy Policies
Goal 1, Maintain a stable and sustainable rural economy, compatible with rural lifestyles
and a healthy environment.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant provided the following response to this criterion:
'The applicant finds that the proposed amendments will result in the subject property being
included in the Bend urban growth boundary for development of urban housing, affordable
housing, and some commercial and mixed employment uses. Once amended, the County's
Comprehensive Plan will show the property within the Bend urban growth boundary and
designated Bend Urban Growth Boundary, and the Zoning map will show the property zoned UA,
Urbanizable Area. While the property will not be available for rural economic uses under the
MUA10 Zone, the Concept Plan for the Stevens Road Tract does include land for commercial uses
(five acres), and mixed employment uses (seven acres). The applicant finds the proposed
amendments will be consistent with this policy because land will be provide for economic
development, jobs, and services and available to urban and rural residents.'
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Staff concurs with this statement and notes the subject application will not limit commercial uses on
surrounding rural lands. Surrounding rural lands are zoned MUA10 and EFU, which allow for limited
commercial uses subject to land use review. Amending the Comprehensive Plan to include the subject
property in the Bend UGB will not impact the zoning designation or allowed uses on neighboring
properties outside of the Bend UGB."
Section 3 6 Public Facilities and Services
Goal 1, Support the orderly, efficient and cost-effective siting of rural public facilities and
services.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"In a letter dated July 14, 2023, the Applicant provided the following response to this criterion:
'The purpose of this UGB amendment is to facilitate the development of the Stevens Road Tract
under HB 3318, which would result in urban levels of housing, including affordable housing. The
property is served by the Avion Water Company, and the applicant has completed some public
facility planning to serve the tract. This level of public facility planning plans for urban streets,
water, and sewer infrastructure.'
Staff generally agrees with the above analysis and notes the subject application is not for the purpose
of developing rural public facilities or services. As the Applicant notes, urban public facilities will be
provided for the future development within the subject property. The application materials
demonstrate this public facility planning is underway, with early coordination allowing for more
orderly and efficient service provision. The water, sewer, and road improvements described in the
application materials will not be constructed until the property is brought within the Bend city limits
and subject to the Bend Development Code. These described infrastructure upgrades will serve future
residents of the subject property, not the surrounding rural area.
Staff therefore presents alternate findings that this criterion does not apply because the Applicant
does not propose any changes to rural public facilities or services. No development is proposed on
the subject property while it remains in the UA Zone, so no additional public services will be required
to serve the property while it remains in rural zoning. Staff requests the Hearings Officer amend these
findings as they see fit."
The Hearings Officer concurs with the final paragraph comments quoted immediately above. The
Hearings finds no development is proposed in this application therefore no additional public
services will be required to serve the Subject Property.
Section 3.7, Transportation
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
ptel
"Deschutes County's Senior Transportation Planner Tarik Rawlings submitted the following comments,
dated June 21, 2023:
'The subject property will be brought into the City of Bend as a result of the proposal. There
currently is no specific proposal to develop the land, but the City's transportation consultant had
prepared an assessment dated (May 17, 2022) reviewing the potential trip generation of the
property and planned improvements to affected City facilities. There were no adverse effects
outlined in the assessment. Under the joint Area Management Agreement between City of Bend
and Deschutes County, jurisdictional transfer of roads are accomplished as part of annexation.
The site is currently served by Stevens Road (County designated Rural Collector) to the north.
Adequacy of current and future transportation facilities will be reviewed per the Bend development
code as the land is proposed to develop. Finally, HB 3318 exempts the subject property from any
Statewide Planning Goals, including Goal 12 (Transportation) as the subject property includes
affordable housing and that the proposal is not a land use decision. Therefore, the Transportation
Planning Rule (TPR) at OAR 660-012, does not apply nor does Deschutes County Code (DCC)
18.116.310. Staff finds this goal is met.'
Staff finds these comments demonstrate compliance in regard to any transportation -related goals or
policies that may apply. Staff presents additional findings regarding the Comprehensive Plan policies
and Statewide Planning Goals that apply to the subject proposal, under the House Bill 3318 section
later in this staff report. The Hearings Officer may choose to edit these findings as they see fit, and
provide additional guidance on what criteria, if any, the subject application is exempted from by HB
3318. In the event the Hearings Officer finds the Transportation section of the Comprehensive Plan
does apply to the subject application, staff presents the Transportation Planner comments above as
evidence this criterion is met."
The Hearings Officer finds that Applicant's transportation submissions/comments and Staffs
additional comments contained in the transportation section of the Comprehensive Plan provides
substantial and adequate evidence this goal has been met.
Section 3.8, Rural Recreation
Goal 1, Promote a variety of passive and active park and recreation opportunities through
a regional system that includes federal and state parks and local park districts.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Stevens Road Tract Concept Plan submitted with the application materials provides the following
analysis of proposed park facilities:
"Recreational opportunities and open space were identified as key components in the conceptual
planning for the Stevens Road Tract. Working in close coordination with Bend Park and Recreation
District (BPRD), the three Concept Plan Alternatives were created to ensure adequate parks, open
space, trails, and recreational opportunities for the existing community and future residents of
this area.
The adopted 2018 BPRD Comprehensive Plan calls for a target of 7.85 acres of neighborhood and
community parks per 1,000 residents and a neighborhood or community park within a % mile
walking distance from most homes. Additionally, trails - as both recreational amenities and
longer -distance transportation routes - are identified as important recreational and functional
parts of the parks system. The three Concept Plan Alternatives for the Stevens Road Tract provide
different options aimed at meeting these targets.
The parks) would be developed to provide opportunities for a mix of active (e.g., ball fields and
playgrounds) and passive recreational activities (e.g., trails and open space).'
The application materials indicate Bend Park and Recreation District, a local park district, has been
involved in the concept planning of the subject property. The Stevens Road Tract Concept Plan
presented three alternatives, and the alternative that was ultimately selected was the one with the
most amount of land dedicated to parks. This design includes a 29-acre community park, as well as
trail connections that take advantage of the existing natural gas pipeline easement. The applicant
proposes a looped trail system that goes around the perimeter of the subject property, which will
provide benefits to neighboring properties both inside and outside of the Bend UGB.
The applicant does not propose new federal or state parks within the subject property. However, staff
finds the proposed park development within the subject property will bolster the regional parks
network and provide additional recreation opportunities for residents both inside and outside of the
Bend UGB."
Policy 3.8.1, Cooperate with public agencies and local park districts to provide park
and recreation lands, facilities, and opportunities.
a. The Statewide Comprehensive Outdoor Recreation Plan and State Park
Master Plans shall serve as a basis for coordination on County -wide park and
recreation issues.
b. Support exceptions to Statewide Planning Goals for urban fringe areas
owned or acquired by and operated by park and recreation districts.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"As described above, the application materials indicate ongoing cooperation between City of Bend and
Bend Park and Recreation District. The subject application for a Zone Change and Comprehensive
Plan Amendment will not immediately lead to the development of new park facilities. However, it is a
necessary step towards an eventual Master Plan and development of the subject property, which will
provide new recreation opportunities.
The Applicant does not request an exception to a Statewide Planning Goal. Staff therefore finds
subsection (b), above, does not apply."
NM
Chapter 4, Urban Growth Management
Section 4.2, Urbanization Policies
Goal 1, Coordinate with cities, special districts and stakeholders to support urban growth
boundaries and urban reserve areas that provide an orderly and efficient transition
between urban and rural lands.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The Applicant provided the following response in their submitted Burden of Proof.•
'The proposal is consistent with this goal because the City has coordinated with Deschutes County,
the Bend Park and Recreation District, and other stakeholders to support the concept planning for
the Stevens Road Tract and the amendment of the Bend UGB to include it. The Concept Plan (See
Exhibit H) documents the City's coordination with the Park District, Cascades East Transit, and
Avion Water Company to plan for an orderly and efficient transition between urban and rural
lands for the Stevens Road Tract. These provisions of the Concept Plan are required by HB 3318 to
be in the City's planning amendments adopted after UGB expansion.'
Staff concurs with the Applicant's analysis and finds they have demonstrated coordination between
Deschutes County, the City of Bend, and special districts. The outreach process for the Stevens Road
Concept Plan included three community meetings with stakeholders, which were held in 2021 and
2022. The application materials also list the following special districts and public agencies that were
consulted during this process:
'Collaboration with Bend Park and Recreation District, Bend -La Pine School District, Cascades East
Transit, Deschutes County, DSL, Oregon Department of Land Conservation and Development, and
Oregon Department of Transportation.'
The larger planning process to develop the subject property pursuant to HB 3318 has involved
coordination with a range of agencies and stakeholders. While the development of the Stevens Road
Tract Concept Plan was led by the City of Bend, staff finds the coordination during that process is
relevant in addressing this criterion."
Policy 4.2.1, Participate in the processes initiated by cities in Deschutes County to
create and/or amend their urban growth boundaries.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The subject application was initiated by a city in Deschutes County as part of a larger process to
amend its urban growth boundary. The subject Comprehensive Plan Amendment will bring the
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property within the Bend UGB, which will allow the City of Bend to initiate amendments to its
Development Code and eventually rezone the property for urban uses. As noted above, the subject
property is owned by the State of Oregon, and the jurisdictional and ownership transfer of the
property therefore requires the coordination of multiple land use processes. The applicant has
coordinated with various agencies, including Deschutes County, to align these interrelated planning
efforts.
Staff finds this UGB amendment and subsequent development of the subject property through a
master planning process are only possible with County participation and coordination, including
review of the subject application. Therefore, the County's role in this application will function to
increase participation in city -led UGB amendments."
Policy 4.2.2, Promote and coordinate the use of urban reserve areas.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The subject property is not designated as Urban Reserves. Staff therefore finds this policy does not
apply."
Goal 2, Coordinate with cities, special districts and stakeholders on urban growth area
zoning for lands inside urban growth boundaries but outside city boundaries.
Goal 3, Coordinate with cities, special districts and stakeholders on policies and zoning for
lands outside urban growth boundaries but inside urban reserve areas
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The proposed zoning designation, UA, will serve as a holding zone while the subject property is inside
the Bend UGB but outside city boundaries. The application materials document ongoing coordination
between the City of Bend, Deschutes County, State of Oregon and service providers regarding how the
property will be managed during the time period it remains outside city boundaries but within the
Bend UGB."
Goal4, To build a strong and thriving regional economy by coordinating public investments,
policies and regulations to support regional and state economic development objectives in
Central Oregon.
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements:
"The subject property presents a unique opportunity to leverage public investments because the
property is owned by the State of Oregon and its sale will generate revenue for the Common School
Fund. Increasing workforce housing is a regional and state economic development objective, and
development of the subject property will be leveraged to provide housing for school district employees.
In addition to providing workforce housing, the subject property will be zoned to include five acres of
commercial land and seven acres of mixed employment land. The public ownership of the subject
property, and the provisions of HB 3318, provide a unique opportunity to maximize public benefit by
master planning the subject property. The master planning process for the subject property will result
in a walkable community with services and employment located near a range of housing types. High-
level zoning diagrams indicate commercial areas will be concentrated near the proposed community
park in a "main street" -style design where the commercial area functions as a community center. The
Concept Plan also indicates seven acres of mixed employment land will be provided in the southwest
corner of the subject property, and this area is adjacent to other industrial uses and will allow for a
mix of commercial and light industrial uses. Providing employment land within the subject property
will support regional economic development by bolstering the local economy.
Commercial uses will not be established on the subject property until it is annexed into the City of
Bend and rezoned. The eventual commercial development will be subject to the Bend Development
Code and will be within the city limits of Bend, and will be close to unincorporated lands and provide
economic benefit to the surrounding rural area."
HOUSE BILL 3318
FINDING: The Hearings Officer incorporates as additional findings for this section the Overview
Findings. The Hearings Officer finds that the Staff comments below are supported by substantial
evidence and, as supplemented by the Overview Findings, are legally correct. Staff findings are set
forth below in italics.
"The proposed expansion of the Bend UGB to include the subject property is in response to the passage
of HB 3318. This House Bill is specific to the Stevens Road Tract and outlines a unique process the City
of Bend may utilize when adding this property to its UGB. The Applicant has proposed findings, below,
to demonstrate compliance with applicable sections of HB 3318,
SECTION 3. Stevens Road planning generally.
(1) Actions taken under sections 2 to 9 of this 2021 Act:
(a) Are not land use decisions, as defined in ORS 197.015.
FINDING: The purpose of this finding is to show that the Statewide Planning Goals are not
applicable to this proposal because of the above -cited language in Section 3 of HB 3318. Section
9 of HB 3318 provides that standards in the bill apply to the Stevens Road Tract in lieu of statewide
planning goals. Section 3(1)(a) of HB 3318 states that actions taken under sections 2 through 9 of
this 2021 Act are not land use decisions, as defined in ORS 197,015. Under this statute, ORS
197.015(10) defines a land use decision as one that includes under (10)(0)(A) a final decision or
determination made by a local government or special district that concerns the adoption,
amendment, or application of the goals. The goals in this context refer to the Statewide Planning
Goals.
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SECTION 6. Stevens Road urban growth boundary expansion.
(1) Notwithstanding ORS 197.286 to 197.314, 197.626 or 197A.320 or any statewide land
use planning goal related to housing or urbanization, the Department of Land
Conservation and Development shall approve an expansion of the urban growth boundary
submitted by the city and approved by the city by ordinance, if the department determines
that.
FINDING: The following findings address compliance with Section 6 of HB 3318 (See Exhibit F). To
address Section 6 of HB 3318, these findings refer to sections of HB 3318 where the bill itself refers
to a section of this 2021 Act. Regarding Section 6(1), the applicant finds that this section directs
actions of the Oregon Department of Land Conservation and Development regarding the Stevens
Road Tract. This section directs the Department to approve an expansion of the UGB that has been
approved by and subsequently submitted by the City of Bend based on the criteria below under
Section 6(1)(a) through (1)(c).
(a) The department has received the letters required by section 4 of this 2021 Act;
FINDING: The proposal satisfies criterion (1)(6) because the City has submitted, and the
Department of Land Conservation and Development has received the letters required by Section 4
of HB 3318. Section 4 of HB 3318 required the following letters to be submitted to the Department
with the Stevens Road Tract Concept Plan:
Section 4(1) requires a letter from the City of Bend expressing the city's nonbinding intent to
consider a concept plan under Section 5 of HB 3318, and;
Section 4(2) requires a letter from the Department of State Lands (DSL or Department) thatgives
its consent to the City to pursue an urban growth boundary expansion and planning amendments
under Sections 6 through 9 of HB 3318. This same letter from DSL must also establish an
agreement with the City that is binding on the successors of the owners, is contingent up on the
final approval of the planning amendments, and establishes the essential terms, including price
per acre, but not requiring specific lands to be designated, for the Department's conveyances to
the city of real property consistent with Section 9 (2) and (3) of HB 3318.
The City provided both letters to the Department of Land Conservation and Development (DLCD)
by electronic mail on June 23, 2022. This email and the attached letters are enclosed as Exhibit j.
DLCD acknowledged receipt of the letter and materials through an electronic mail message dated
August 29, 2022. Through this same message, DLCD submitted a copy of their letter approving the
concept plan dated August 29, 2022 (See Exhibit K).
(b) The department has approved the city's conceptual plan under section 5 of this
2021 Act; and
FINDING: The proposed UGB expansion satisfies criterion (1)(b) because the department (DLCD)
has approved the city's conceptual plan under Section 5 of HB 3318. As stated above under the
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forgoing finding address criterion (1)(a), the Department (DLCD) submitted an August 29, 202Z
letter to the City through an email of the same approving the Concept Plan. This electronic mail
message and August 29, 202Z letter are enclosed as Exhibit K.
(c) The proposed urban growth boundary expansion adds all of the Stevens Road
tract and no other lands to the area within the city's urban growth boundary.
FINDING: The proposed UGB expansion satisfies criterion (1)(c) above because the City has
proposed to expand the UGB to include only the Stevens Road Tract, and all the land within the
tract. The proposal described above in this proposed set of findings states that the only land
included in this proposed expansion of the Bend UGB is the Stevens Road Tract and 0// the land
within the tract would be included in the UGB. This property is described as Tax Lot 100 on
Deschutes County Tax Assessor's Map 18-12-11 and is also described as Property 1 in a decision
dated September 19, 2019, approving a property line adjustment under file no. PZ-10-0550, being
261 acres (See Exhibit B).
(2) The city shall include the lands brought within the city's urban growth boundary under
this section in the city's inventory of buildable lands under ORS 197.296 (3)(a).
FINDING: The proposal will satisfy criterion (2) because the City has proposed to include the lands
brought within the UGB in the City's inventory of buildable lands under ORS 197.296(3)(a). The
proposal includes a copy of a proposed amendment to Appendix ], the 2016 Buildable Lands
Inventory, of the Bend Comprehensive Plan (See Exhibit M). This proposed amendment is attached
as Exhibit I and proposes to add the 198 acres of buildable land within the Stevens Road Tract to
the BLI. These acres would not be designated for either housing or employment until such as the
City adopts planning amendments for guiding master planning of the Stevens Road Tract that
include the required elements from Section 9 of HB 3318 and mirror the proposed plan
designations as shown in Alternative 3 of the Concept Plan.
The language of HB 3318 appears to refer to the planning amendments the City of Bend must
undertake in order to receive approval for bringing the subject property within the Bend UGB.
Section (2)(4) of HB 3318 includes the following definition: "'Stevens Road planning amendments"
means amendments to the city's comprehensive plans, land use regulations or zoning maps that affect
the development of the Stevens Road tract'[emphosis added].
The language of the House Bill does not specify the process, if any, that the County must undertake
for the corresponding amendment to the County Comprehensive Plan. Absent that guidance, the
subject request has been processed as a request for a Comprehensive Plan Amendment and Zone
Change pursuant to Deschutes County Code. It is not apparent to staff whether the House Bill exempts
the subject application from demonstrating compliance with Statewide Planning Goals, Deschutes
County Comprehensive Plan policies, or other provisions of Deschutes County Code.
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Staff requests the Hearings Officer make specific findings regarding whether the provisions of HB 3318
are applicable approval criteria for the subject amendment to Deschutes County's Comprehensive
Plan, as well as the proposed Zone Change of the subject property."
OREGON ADMINISTRATIVE RULES CHAPTER 660, LAND CONSERVATION AND DEVELOPMENT
DEPARTMENT
DIVISION 15, STATEWIDE PLANNING GOALS AND GUIDELINES
OAR 660-015, Division 15, Statewide Planning Goals and Guidelines
FINDING: The Hearings Officer adopts as findings for this decision the following Staff Report
statements (in italics):
"The applicant asserts the Statewide Planning Goals are not applicable to the subject application
because it is being processed pursuant to HB 3318. The Burden of Proof includes the following analysis
in support of this claim.
'The purpose of this finding is to show that the Statewide Planning Goals are not applicable to this
proposal because of the above -cited language in Section 3 of HB 3318. Section 9 of HB 3318
provides that standards in the bill apply to the Stevens Road Tract in lieu of statewide planning
goals. Section 3(1)(a) of HB 3318 states that actions taken under sections 2 through 9 of this 2021
Act are not land use decisions, as defined in ORS 197.015.'
Staff also cites Section (6)(1) of HB 3318, below, which references Statewide Planning Goals in regard
to the Stevens Road tract UGB expansion.
SECTION 6. Stevens Road urban growth boundary expansion. (1) Notwithstanding ORS 197,286 to
197.314, 197.626 or 197A.320 or any statewide land use planning goal related to housing or
urbanization [emphasis added], the Department of Land Conservation and Development shall
approve an expansion of the urban growth boundary submitted by the city and approved by the
city by ordinance, if the department determines that:
(a) The department has received the letters required by section 4 of this 2021 Act,
(b) The department has approved the city's conceptual plan under section 5 of this 2021
Act; and
(c) The proposed urban growth boundary expansion adds all of the Stevens Road tract and
no other lands to the area within the city's urban growth boundary.
The proposed Comprehensive Plan Amendment and Zone Change are for the purpose of bringing the
property into the Bend UGB and are subject to applicable provisions of Deschutes County Code as well
as state law. The language of HB 3318 does not provide clear direction on whether on amendment to
the County's Comprehensive Plan is subject to Statewide Planning Goals, and if so, which goals are
applicable. Staff requests the Hearings Officer make specific findings on this topic. In the event the
Hearings Officer finds the Statewide Planning Goals apply, staff has provided alternate findings below
demonstrating compliance."
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Goal 1, Citizen Involvement. To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
FINDING: A land use action sign was posted on the subject property on June 12, 2023, and a Notice
of Application was mailed to nearby property owners on June 8, 2023. A public hearing will be held
before a Hearings Officer and a second public hearing will be held before the Board of County
Commissioners. Notice of all public hearings will be mailed to impacted individuals and a notice will
also be printed in the Bend Bulletin newspaper. The published and mailed notices will all comply with
the requirements of DCC 22.12.020.
Goal2, Land Use Planning. To establish a land use planning process and policy framework
as a basis for all decision and actions related to use of land and to assure an adequate
factual base for such decisions and actions.
FINDING: This proposal satisfies this goal because the applications were handled pursuant to the
procedures applicable to plan amendments in the County's Comprehensive Plan and zoning
ordinance.
Goal 3, Agricultural Lands. To preserve and maintain agricultural lands.
FINDING: The subject property is not designated as agricultural lands on the Deschutes County
Comprehensive Plan. Staff notes the subject property previously received approval for a
Comprehensive Plan Amendment from Agriculture to Rural Residential Exception Area, on the basis
the subject property does not meet the definition of agricultural land.
Goal 4, Forest Lands. To conserve forest lands by maintaining the forest land base and to
protect the state's forest economy by making possible economically efficient forest
practices that assure the continuous growing and harvesting of forest tree species as the
leading use on forest land consistent with sound management of soil, air, water, and fish
and wildlife resources and to provide for recreational opportunities and agriculture.
FINDING: The subject property does not contain any forest lands and therefore this goal is not
applicable.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces. To protect natural
resources and conserve scenic and historic areas and open spaces.
FINDING: The subject property does not contain any inventoried Goal 5 resources. An assessment of
natural resources, scenic and historic areas, and open space was conducted as part of the conceptual
planning process done by the City of Bend. Appendix E to the Stevens Road Tract Concept Plan is a
memo dated March 28, 202Z titled Historic, Cultural, and Natural Resources. This memo includes a
review of different types of Goal 5 resources and notes the subject property does not contain any area
within the Surface Mining Impact Area, Wildlife Area Combining Zone, or Landscape Management
Combining Zone.
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Goal 6, Air, Water, and Land Resources Quality. To maintain and improve the quality of the
air, water, and land resources of the state.
FINDING: The proposal is consistent with Goal 6 based on the analysis provided in the Stevens Road
Tract Concept Plan and other supplemental application materials. These materials demonstrate
future development of the subject property will be designed to minimize carbon emissions and will
reduce single -occupancy vehicles trips by planning for transit and bicycle connections. No
development is proposed at this time and future uses will be established under urban zoning
designations. In a letter dated July 14, 2023, the Applicant provides the following statement on impacts
to water resources.
'No development is proposed at this time that would affect either surface or subsurface
water resources.'
Staff concurs and notes the subject application only reviews the impacts of rezoning the subject
property to UA and changing the Comprehensive Plan designation to Bend UGB. Future annexation
will be subject to a separate land use application and impacts to natural resources will be evaluated
again at that time. Staff finds the Stevens Road Tract Concept Plan is not the subject of this review but
provides relevant context on how the planned uses of the subject property will comply with Goal 6.
Goal 7, Areas Subject to Natural Disasters and Hazards. To protect people and property
from natural hazards.
FINDING: The applicant provided the following statement regarding wildfire and flood risk on the
subject property.
'The proposed amendments are consistent with this goal because the Concept Plan guiding future
development of the Stevens Road Tract has accounted for the natural hazard of wildfire. The
proposed amendments would change the County's Comprehensive Plan map to include the subject
property within the Bend urban growth boundary, change the Plan designation to Bend Urban
Growth Boundary, and change the zoning on the County's Zoning map to UA, Urbanizable Area.
The purpose behind these amendments is to facilitate the development of the subject property
according to the Stevens Road Tract Concept Plan (See Exhibit H). The materials submitted with
the plan amendment and zone change applications include the Technical Appendices to the
Concept Plan (See Exhibit I), which also include a technical memorandum addressing wildfire risk
and identifying several strategies for mitigation (See Appendix F). The subject property does not
abut or is impacted by a flood plain.'
Staff finds wildfire risk is the primary natural disaster concern on the subject property.
The adopted concept plan indicates transportation access to other areas of the City of Bend will
improve as a road network is developed within the subject property. Staff notes the new roads and
improved access will provide benefits if a natural disaster were to occur and the subject property
36
either needed to be evacuated or needed to be accessed by emergency service providers. Future
annexation of the subject property will also allow it to be served by urban service providers.
Goal 8, Recreational Needs. To satisfy the recreational needs of the citizens of the state
and visitors and, where appropriate, to provide for the siting of necessary recreational
facilities including destination resorts.
FINDING: The Stevens Road Tract Concept Plan presented three high-level alternatives for future
development of the subject property. The concept plan that was ultimately approved by Bend City
Council includes a 29-acre centrally located community park, seven acres of trail corridors, and three
acres of open space. This concept plan factors in trail and bicycle connections to existing and proposed
trail networks.
The Stevens Road Tract Concept Plan also provides an evaluation of existing natural features, such as
rock outcroppings and trails along the utility easements, and how these features can be preserved
and incorporated into developed parks and recreation opportunities.
Goal 9, Economy of the State. To provide adequate opportunities throughout the state for
a variety of economic activities vital to the health, welfare, and prosperity of Oregon's
citizens.
FINDING: The intended use of the subject property is future annexation by the City of Bend and a
master planning process for development. The adopted Stevens Road Tract Concept Plan proposes a
mix of commercial and residential uses, and HB 3318 requires land to be zoned for commercial uses
in accordance with the City's most recent economic opportunity analysis.
As described below, the Stevens Road Tract master plan will provide housing affordable for those
earning 80 percent or less of the area median income, with prioritygiven to employees of an education
provider. Staff finds the provision for workforce housing will benefit the local economy.
Goal 10, Housing. To provide for the housing needs of citizens of the state.
FINDING: Section (9)(2) of HB 3318 stipulates that at least 20 net acres of land within the Stevens
Road Tract must be conveyed to the City of Bend and remain as income -restricted housing for a period
of no less than 50 years. Of this land area that is set aside for income -restricted housing, at least 12
net acres must be available to households earning 60 percent or less of the area median income. In
addition, six net acres must be made available to households earning 80 percent or less of the area
median income, with prioritygiven to employees of education providers. Finally, at least two net acres
must be restricted so that at least 80 percent of the units in each contiguous development tract are
affordable to households earning 80 percent or less of the area median income, which includes at
least one acre where preference is given to employees of an education provider.
HB 3318 provides additional guidance on the development of market -rate housing, to ensure
adequate opportunities for the development of all needed housing types. Housing in the Stevens Road
Tract must exceed a minimum density of nine units per gross residential acre, and the ratio of single-
37
family to multifamily housing must exceed what is required in the city's most recently adopted housing
needs analysis. Staff notes no housing development is proposed under the UA zoning designation, and
future development will be reviewed according to the City of Bend's Development Code and
Comprehensive Plan. However, staff finds the subject Comprehensive Plan Amendment and Zone
Change will promote the creation of new housing units by completing a necessary step towards
eventual development of the subject property.
Goal 11, Public Facilities and Services. To plan and develop a timely, orderly, and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
FINDING: The application materials indicate the subject property is currently served by Avion Water
Company, and planning has begun regarding domestic water service for the future build -out of the
property. The appendixes to the Steven Road Tract Concept Plan also include technical memorandums
regarding water infrastructure, sewer infrastructure, and transportation improvements. Staff finds
interagency planning is underway to ensure a smooth transition of services when the subject property
is brought into the Bend city limits and developed. Beginning this coordination at the concept planning
phase allows for timely input from service providers, which increases the likelihood of orderly and
efficient public facilities.
Goal 12, Transportation. To provide and encourage a safe, convenient and economic
transportation program.
FINDING: The Stevens Road Tract Concept Plan indicates 20 percent of the unconstrained land area
is planned for future public right of way, which amounts to approximately 50 acres of land. The
application materials also provide an analysis of the intersection and roadway improvements that
would be required to build out the subject property, and information on how those improvements
relate to the goals of the City of Bend's Transportation System Plan.
Staff finds the applicant has demonstrated that different modes of transportation will be planned for,
and that direct road and transit connections will be provided between the subject property and other
neighborhoods within Bend. Although these transportation improvements will not be built out until
the property is annexed into the City of Bend, there is significant evidence that transportation planning
is underway and is being accounted for. For these reasons, staff finds the proposed Zone Change and
Comprehensive Plan Amendments are a step towards developing a safe, convenient, and economic
transportation network within the subject property.
Goal 13, Energy Conservation. To conserve energy.
FINDING: The application materials indicate the subject property will be developed with high -density
housing, walkable commercial centers, and will be served by transit. Three alternatives were presented
in the Stevens Road Concept Plan, and the option that was selected had the 'least impact per
household for water usage, energy usage, and carbon emissions" (Stevens Road Tract Concept Plan
page 70).
M
Goal 14, Urbanization. To provide for an orderly and efficient transition from rural to urban
land use, to accommodate urban population and urban employment inside urban growth
boundaries, to ensure efficient use of land, and to provide for livable communities.
FINDING: The subject property will be annexed into the City of Bend and developed through a master
planning process that accounts for parks, walkable neighborhoods, transit access, commercial uses,
and a variety of housing types. Staff finds this master planning process will encourage the
development of the subject property as a livable community that accommodates urban housing and
urban employment. As described above, the planning process for the subject property has been a
coordinated effort with involvement from the City of Bend, Deschutes County, and the State of Oregon.
The unique factors of the subject property, particularly that it is under public ownership and was
approved for a UGB expansion through HB 3318, will allow on orderly and efficient transition from
the current rural use of the land to its future urban uses.
Goal 15, Willamette Greenway,
FINDING: This criterion does not apply because the subject property is not located in the Willamette
Greenway.
Goals 16 through 19.
FINDING: These goals do not apply to land in Central Oregon.
Staff finds that if the Statewide Planning Goals do apply, compliance with them has been effectively
demonstrated. Staff requests the Hearings Officer make specific findings regarding whether the
Statewide Planning Goals apply to the subject application."
V. CONCLUSION
The Hearings Officer finds that the Applicant has met the burden of proof necessary to justify
changing the Comprehensive Plan Designation of the Subject Property from Rural Residential
Exception Area to Bend Urban Growth Area, to change the zoning of the Subject Property from
Multiple Use Agricultural (MUA10) to Urbanizable Area (UA), and to expand the Urban Growth
Boundary through effectively demonstrating compliance with the applicable criteria of DCC Title 18
(Deschutes County Zoning Ordinance), DCC Title 19A (Bend Urbanizable Area District), the
Deschutes County Comprehensive Plan, and applicable sections of OAR and ORS.
VI. DECISION AND RECOMMENDATION
Approval of:
Change of the Subject Property Plan Designation from Rural Residential Exception Area to Bend
Urban Growth Area; and to
Change of the Subject Property Zoning from Multiple Use Agriculture (MUA 10) to Urbanizable Area
39
(UA).
Deschutes County Hearings Officer
Gregoryj. Frank
Date: October 23 2023
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BOAR® OF
COMMISSIONERS
MEETING DATE: November 29, 2023
SUBJECT: Second Reading of Ordinance No. 2023-025 - Stevens Road Tract Plan
Amendment / Zone Change
RECOMMENDED MOTIONS:
1. Move approval of second reading of Ordinance No. 2023-025 by title only
2. Move adoption of Ordinance No. 2023-025 amending Deschutes County Code Title
23, the Deschutes County Comprehensive Plan, to change the Comprehensive Plan
Map Designation for certain property From Rural Residential Exception Area to Bend
Urban Growth Boundary, and amending Deschutes County Code Title 18, the
Deschutes County Zoning Map, to change the Zone Designation for certain property
from Multiple Use Agricultural to Urbanizable Area
BACKGROUND AND POLICY IMPLICATIONS:
The applicant, City of Bend, requests approval to change the Comprehensive Plan
designation (land use file no. 247-23-000415-PA) of the subject property from Rural
Residential Exception Area to Bend Urban Growth Boundary, and approval to change the
zone (land use file no. 247-23-000416-ZC) of the subject properties from Multiple Use
Agricultural to Urbanizable Area. The subject property is referred to as the Stevens Road
Tract and House Bill 3318 allows this property to be brought into the Bend Urban Growth
Boundary and developed with a variety of uses, including affordable housing. The first
reading of Ordinance No. 2023-025 was held on November 8, 2023.
The entirety of the record can be viewed from the project website at:
https://www.d esch utes.org/cd/page/247-23-000415-pa-247-23-000416-zc-stevens-road-
comprehensive-plan-amendment-and-zone-change
BUDGET IMPACTS:
None.
ATTENDANCE:
Audrey Stuart, Associate Planner