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HomeMy WebLinkAbout91-030RFVIEMED LEGAL CGUNEEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON An Ordinance Amending Ordinance No. 80-216, the Bend Area General Plan, as Amended, By Reconfiguring the Inner Urban Growth Boundary, Changing Certain Plan Designations to Reflect the Changes to the Inner Urban Growth Boundary, and Declaring an Emergency. 91-2G121 ORDINANCE 91-030 * 0107 0921 * co WHEREAS, Cascade Highlands, Inc. (Cascade HighlandsY_Mow-ffs a large property to the west of Bend that straddles the Bend Inner Urban Growth Boundary (IUGB); WHEREAS, as part of a development proposal, Cascade Highlands proposed the reconfiguration of the IUGR as established in the Bend Area General Plan (Plan), resulting in the inclusion of certain property currently located outside the IUGB (described in Exhibit B and depicted as Parcel B on Exhibit D) within the reconfigured IUGB and the exclusion of certain property currently located inside the IUGB (described in Exhibits A and C and depicted respectively as Parcels A and C on Exhibit D) from the reconfigured IUGB; WHEREAS, in accordance with its requested redesignation of the IUGB and in accordance with its request, granted on this date by Ordinance 91-032, to relocate an Industrial Park designation under the Plan, Cascade Highlands requested that said Parcel B be redesignated from Urban Reserve to Residential -Standard Density on the Plan; that said Parcel C be redesignated from Residential - Standard Density to Urban Reserve on the Plan; and that said Parcel A be redesignated from Industrial Park to Urban Reserve. WHEREAS a hearing was held, after notice given in accordance with law, before the County Hearings Officer; WHEREAS, the Hearings Officer approved of the proposed IUGB reconfiguration and the proposed redesignations under the Bend Area General Plan; WHEREAS, the decision of the Hearings Officer has not been appealed; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Subject to Section 3, the Bend Area General Plan, adopted as Ordinance 80-216, as amended, (Plan) is further amended to reconfigure the Bend Urban Growth Boundary (IUGB) from its present configuration generally depicted as "Current UGB" on �a\ �j41 f iJ 1 - ORDINANCE 91-030 F r. I `; Exhibit D attached hereto and by this reference incorporated herein, to the configuration generally depicted on Exhibit D as "Proposed UGB" and more particularly described in Exhibit E, attached hereto and by this reference incorporated herein, which change results in the inclusion of Parcel B, as generally depicted on Exhibit D and more particularly described in Exhibit B, attached hereto and by this reference incorporated herein, inside the IUGB and the exclusion of Parcels A and C, as generally depicted on Exhibit C and more particularly described in Exhibits A and C, attached hereto and by this reference incorporated herein, from the IUGB. Section 2. Subject to Section 3, the Plan is further amended to redesignate under the Plan the lands included in Parcel A, as described in Section 1 above, consistent with Ordinance 90-032 also adopted on this date, from Industrial Park to Urban Reserve; to redesignate the lands included in Parcel B, as described in Section 1 above, from Urban Reserve to Residential Standard Density; to redesignate the lands included in parcel C, as described in Section 1 above, from Residential Standard Density to Urban Reserve; and consistent with Ordinance 90-032 also adopted on this date to redesignate those lands within the reconfigured IUGB currently designated Industrial Park to Residential Standard Density. Section 3. The Board of County Commissioners adopts as its decision and findings in support of the above -referenced Plan Amendments the Findings and Decisions of the Hearings Officer, dated June 21, 1991 relating to Plan Amendment Application No. PA - 90 -11, marked Exhibit F, attached hereto and by this reference incorporated herein. The Board's adoption of these Plan Amendments is subject to all conditions of approval set forth in the afore- mentioned Hearings Officer's decision. Section 4. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this V,M day of ATTEST: Recording Secretary 2 - ORDINANCE 91-030 1991. BOARD OF OUNTY COMMISSIONERS OF DESCHU ES COUNTY, OREGON ss r EXHIBIT "A" PARCEL A PROPERTY DESCRIPTION A parcel of land in the north half of the northwest quarter of Section 1, Township 18 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon fully described as follows: Beginning at the northwest comer of said Section 1; thence South 89°38'58" East 2419.57 feet along the north line of said Section 1; thence leaving said north line South 03°06'41" West 529.17 feet; thence North 87°23'48" West 126.39 feet; thence 260.72 feet along the arc of a 830.00 foot radius curve left (the long chord of which bears South 8336'16" West 259.65 feet); thence South 74°36'20" West 170.73 feet; thence 826.47 feet along the arc of a 551.00 foot radius curve left (the long chord of which bears South 31°38'07" West 751.14 feet); thence 89.26 feet along the arc of a 317.00 foot radius curve right (the long chord of which bears South 03°16'05" East 88.97 feet) to the south line of said north half; thence North 89°47'24" West 1469.17 feet to the southwest comer of said north half; thence North 00°41'38" East 1334.76 feet to the point of beginning. Contains 58.18 Acres. SEE EXHIBIT n REGISTERED August 22, 1991 PROFESSIONAL LAND SURVEYOR 0PEG°)N JULY 18. 1980 JERRY 1 C.POWELL 91 DAVID RAANS ANDASSOCIATES, INC ENGINEERS. SURVEYORS. PLANNERS, LANDSCAPE ARCHrrECI S OFFICES IN OREGON, WASHINGTON AND CALIFORNIA -09 V.W. VAli STREET. %TrE 102 BEND. OREGON 9-"01-2712 1 iO3) 389•-614 chd8ugbajcp EXHIBIT "B" 010"7 0924 PARCEL B PROPERTY DESCRIPTION A parcel of land in the west half of Section 1, and the southeast quarter of the northeast quarter of Section 2, Township 18 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon fully described as follows: Commencing at the northwest comer of said Section 1; thence South 00°41'38" West 1334.76 feet to the southwest comer of the north half of the northwest quarter of said Section 1; thence South 89°47'24" East 1469.17 feet along the south line of said north half to the point of beginning; thence South 89°47'24" East 1175.97 feet to the southeast comer of said north half; thence South 00°38'43" West 3806.77 feet along the east line of the West Half; thence leaving said east line North 84°51'22" West 565.81 feet; thence North 11°27'42" West 607.38 feet; thence North 47°47'18" West 942.66 feet; thence South 37°36'01" West 246.88 feet; thence North 48°21'33" West 60.15 feet; thence North 37°36'01" East 247.48 feet; thence North 47°47'16" West 104.07 feet; thence North 38°17'25" East 588.54 feet; thence 453.45 feet along the arc of a 628.00 foot radius curve left (the long chord of which bears North 17°36'18" East 443.66 feet); thence South 78°18'19" West 113.11 feet; thence South 47°21'26" West 1105.03 feet; thence 791.19 feet along the arc of a 2326.00 foot radius curve right (the long chord of which bears North 29°20'49" West 787.38 feet); thence 997.41 feet along the arc of a 2680.00 foot radius curve left (the long chord of which bears North 30°15'49" West 991.66 feet); thence North 14°18'05" East 87.98 feet; thence South 74°22'49" East 78959 feet; thence 130.99 feet along the arc of a 555.50 foot radius curve right (the long chord of which bears North 09°03'11" East 130.69 feet); thence North 58°31'54" West 537.43 feet; thence North 70°17'40" East 1419.88 feet; thence 3.95 feet along the arc of a 317.00 foot radius curve left (the long chord of which bears North 05°09'20" East 3.95 feet) to the point of beginning. Contains 144.73 Acres. SEE EXHIBIT D August 22, 1991 REGISTERED PROFESSIONAL LAND SURVEYOR � JULY 18. 1980 JERRY 1 C.P9WELL 91 chd8ugbb.jcp DAVID RANS ANDASSOCI M, INC. ENGINEERS. SURVEYORS, PLANNERS, LANDSCAPE ARCIIITECTS OFFICES IN OREGON, WASHINGTON AND Qd1FORINIA -09 N.A'. NNALL S"IREFT. StTIE 102 BEND, OREGON 9-01.2-12 (503).-',89--614 1 . 1 EXHIBIT "C" 0107 0925 PARCEL C PROPERTY DESCRIPTION A parcel of land in the southwest quarter of the southeast quarter of Section 1, and the West Half of the northeast quarter of Section 12, Township 18 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon fully described as follows: Commencing at a brass cap at the southwest corner of said Section 1; thence South 89°51'16" East 2648.53 feet to a brass cap at the southwest corner of said southeast quarter and the point of beginning; thence North 00°38'43" East 156.79 feet along the west line of said southeast quarter; thence leaving said west line South 84°51'22" East 215.30 feet; thence North 79°16'17" East 574.10 feet; thence North 73°18'29" East 200.72 feet; thence South 12°25'04" East 129.67 feet; thence North 8034'09" East 32454 feet; thence South 00°23'49" East 231.48 feet to a brass cap at the northeast comer of said west half; thence South 00°39'59" West 2650.05 feet to a brass cap at the southeast comer of said west half; thence North 89°48'15" West 1323.99 feet to the southwest comer of said west half; thence North 00°4223" East 2648.47 feet to the point of beginning. Contains 8656 Acres. SEE EXHIBIT D REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 18. 1980 JERRY C.POWELL DAVID EVANS ANDASSOCIATFS, INC. ENGINEERS. SURVEYORS. PLA.YNERS. LA.VDSCkPE ARCHITECTS. SCIMSTS OFFICES LN OREGON. WASHINGTON ANI) CAIIFOR.\LA -09 N.W. WALL STREET. SUITE 102 BEND. OREGON 9"01.2-12 1503) 389•-614 FA.I"(503)389•"623 July 9, 1991 chd8ugbc.jcp I 0107 0926 •_r__r__MEMErMS__r_• •_r__s� PARCEL ' A , t L--- ---sorsow- AVEM / PARCEL ' B / � t t ' t t t scale 1" — 2000' design date 8/20/91 drawn JHL file CHD8X1 / PARCEL / r I i §)( (dj DAVID EVANS AND ASSOCIATES, INC 709 NW WALL STREET, SLIME 102 BEND, OREGON 97701 (603)389-7814 PROPERTY QOWDARY CURRENT Ues EXHIBIT D Exhibit E 0107 0927 REVISED URBAN GROWTH BOUNDARY Revised Urban Growth Boundary in the west half of Section 1, and the southwest quarter of the southeast quarter of Section 1, and the southeast quarter of the northeast quarter of Section 2, and the west half of the northeast quarter of Section 12, Township 18 South, Range 11 East, Willamette Meridian, Deschutes County, Oregon fully described as follows: Beginning at the northwest corner of said Section 1; thence South 89°38'58" East 2419.57 feet along the north line of said Section 1; thence leaving said north line South 03°06'41" West 529.17 feet; thence North 87°23'48" West 126.39 feet; thence 260.72 feet along the arc of a 830.00 foot radius curve left (the long chord of which UP[J) bears South 83°36'16" West 259.65 feet)• thence South 74°36'20" West 170.73 feet; thence 826.47 feet along the arc of a 551.00 foot radius curve left (the long chord of which bears South 31°38'07" West 751.14 feet); thence 93.21 feet along the arc of a 317.00 foot radius curve right (the long chord of which bears South 02°54'39" East 92.88 feet); thence South 70°17'40" West 1419.88 feet; thence South 58°31'54" East 537.43 feet; thence 130.99 feet along the arc of a 555.50 foot radius curve left (the long chord of which bears South 09°03'11" West 130.69 feet); thence North 74°22'49" West 789.59 feet; thence South 14°18'05" West 87.98 feet; thence 997.41 feet along the arc of a 2680.00 foot radius curve right (the long chord of which bears South 30°15'49" East 991.66 feet); thence 791.19 feet along the arc of a 2326.00 foot radius curve left (the long chord of which bears South 29°20'49" East 787.38 feet); thence North 47°21'26" East 1105.03 feet; thence North 78°18'19" East 113.11 feet; thence 453.45 feet along the arc of a 628.00 foot radius curve right (the long chord of which bears South 17°36'18" West 443.66 feet); thence South 38°17'25" West 588.54 feet; thence South 47°47'16" East 104.07 feet; thence South 37°36'01" West 247.48 feet; thence South 48°21'33" East 60.15 feet; thence North 37°36'01" East 246.88 feet; thence South 47°47'18" East 942.66 feet; thence South 11°27'42" East 607.38 feet; thence South 84°51'22" East 781.11 feet; thence North 79°16'17" East 574.10 feet; thence North 73°18'29" East 200.72 feet; thence South 12°25'04" East 129.67 feet; thence North 80°34'09" East 324.54 feet; thence South 00°23'49" East 231.48 feet to the northeast corner of said west half of the northeast quarter of Section 12; thence South 00°39'59" West 2650.05 feet to a brass cap at the southeast corner of said west half of the northeast quarter of Section 12; thence North 89°48'15" West 1323.99 feet to the southwest corner of said west half of the northeast quarter of Section 12 and terminus of this description. SEE EXHIBIT 1) August 30, 1991 CHD8UGB.JCP DAVID EvANs ANDASSOCIAI'ES, INC ENGINEERS, SURVEYORS, PLANNERS, LANDSCAPE ARCHITECTS, SCIENTISTS OFFICES IN OREGON, WASHINGTON AND CALIFORNIA 709 N.W. WALL STREET, SUITE 102 BEND, OREGON 97701-2712 (503)389.7614 FAX (503) 389-7623 EXHIBIT "r' 0107 0928 FINDINGS AND DECISION FILE NO.: CU -90-206, CU -90-207, CU -90-207, CU -90-208, PA -90-10, PA -90-11, PA -90-11, PA -91-2, PA -91-3, and ZC-90-1 APPLICANT: CASCADE HIGHLANDS, INC. One Financial Center 121 S.W. Morrison, Suite 950 Portland, OR 97204 REQUEST: Applications for a conditional use permit for a golf course and club house, a conditional use and master plan for a planned unit development in the Bend Urban area; a plan amendment to move the alignment of Mount Washington Drive on the transportation plan map and to move an industrial reserve area from the subject property to another property; and a plan amendment and zone change to rezone property from RS, Urban Standard Residential to UAR-10, Urban Area Reserve, and from UAR-10 to RS. Applicant also seeks plan amendments to remove a park dedication on the Bend area general plan for a portion of the Broken Top Development and a permit for the proposed access road from the development to Century Drive. PLANNING STAFF REPRESENTATIVE: Paul Blikstad BURDEN OF PROOF: Where applicable the applicant must establish that the above referenced request conform with the Oregon Statewide Planning Goals, the Oregon Administrative Rules establishing criteria relevant to changes to the acknowledged urban growth boundaries, The Bend Area General Plan, Title 19 in Deschutes County Code which is the Bend Urban Growth Boundary Zoning Ordinance.._ PRELT14INARY FINDINGS 1. LOCATION: The subject property is located in the western portion of the Bend Urban Area, between Skyliner's Road and Century Drive. The property abuts the Overturf Butte Subdivision and the Bend Metro Parks and Recreation Ball Field facility off of Century Drive and near Cascade Junior High School. The property is described as 18-11, Tax Lot #100RI and 18-11-12, Tax Lot PAGE 1 - FINDINGS AND DECISION, File No. SP -91-18 010'7 0929 #200RI. 2. ZONE: The subject property is zoned RS, Urban Standard Residential and UAR-10 Urban Area Reserve. The property currently has a designation of Urban Reserve, Standard Residential and an Industrial Park on the Bend Area General Plan. HEARINGS AND EXHIBITS Hearings were held on the above -referenced application on April 25, 1991 and on May 9, 1991 at the City of Bend Public Works Building. The following exhibits make up the record in this matter: (See attached Exhibit "A") The Hearings Officer also traversed the site on foot prior to the hearing and is familiar with the topographical features of the subject property. STANDARDS AND APPLICABLE CRITERIA The following criteria may apply: * Title 19 of the Deschutes County Code, which is the Bend Urban Growth Boundary Zoning Ordinance, Section 19.12, UAR-10 zone; Section 19.28, RS zone; Section 19.100, Conditional Use Permits; Section 19.104, Planned Unit Development Approval; Section 19.116, Amendments, Appeals and Procedures. * The Bend Area General Plan which establishes goals and policies for land development in the Bend urban area. * The Statewide Planning Goals which establish general goals for land use planning and development. * Oregon Administrative Rules Division 4, Chapter 660-04-010 (1) (c) (B) which establishes criteria for reviewing changes to acknowledged urban growth boundaries. * The Deschutes County Uniform Development Procedures Ordinance which establishes criteria for the land use applications in the County. FINDINGS AND FACT 1. The two tax lots involved in the proposed land use action encompass approximately 1,687 acres. The applicant is proposing development on approximately 437 acres out of the overall total. The subject property has a varied topography, PAGE 2 - FINDINGS AND DECISION, File No. SP -91-18 016. 0930 consisting of large rock outcroppings in areas previously excavated. The property has dirt roads and trails that dissect it in several places. The property suffered substantial burn in the Awbrey Hall fire in August of 1990. The property at this time has no direct access to a public road except at the western termini of Forest Ridge and Knoll Roads. The outer boundaries of the existing tax lots are adjacent to US Forest Service land on the west side of Bend. 2. The applicant proposes to construct a planned unit development ( Broken Top PUD) known as Broken Top on 483 acres . Broken Top PUD will consist of approximately 436 single family dwellings, 100 multi -family dwellings, and a country club with an 18 hole golf course, related recreational amenities. The proposed PUD is scheduled to be constructed in seven (7) phases. The golf course and club house would be constructed in the first phase. 3. The applicant proposes to incorporate an 18 hole golf course designed by Weiskopf/Morrish a club house with restaurant and bar, and other recreational amenities such as tennis courts and a swimming pool into the design of the proposed 536 unit development. The country club and golf course are the central features of the project. The applicant proposes that the existing topography and post fire vegetation govern the golf course design. The residential lots and roads are designed to take advantage of the golf course. The golf course and club house will be open to the general public. The details of the golf course, club house and other recreational facilities are proposed to be reviewed by the County at the time of the site plan review. 4. As part of the application, the applicant is proposing a relocation of Mount Washington Drive as depicted on the Comprehensive Plan transportation map, Mount Washington Drive bisects the applicant's property. The applicant proposes to move Mount Washington Drive to the northern and eastern boundary of the subject property. The applicant also proposes an access road from the west side of applicant's property to Century Drive. 5. The applicant further proposes to move a comprehensive plan industrial park designation and a comprehensive plan park designation on the property to other properties located off of Broken Top. Applicant proposes to transfer the industrial reserve designation to property owned by William Miller north of Skyliner's Road. A park designation is proposed to be moved to property owned by the applicant to the north and west of Broken Top on Skyliner's Road. PAGE 3 - FINDINGS AND DECISION, File No. SP -91-18 0107 0031 6. As indicated above, a substantial number of the trees on the property owned by Cascade Highlands were destroyed by the Awbrey Hall fire. A little more than one-half of the PUD area and a portion of the remaining Cascade Highlands were not burned in the fire. It is expected that wildlife will continue to use these unburned areas mainly for cover and forage. The applicant has developed a recovery plan which is more particularly described in Exhibit #14 ,"Cascade Highlands Recovery Plan." 7. A minimum of 10 acres is required for any planned unit development. The Broken Top development meets the minimum size requirements for a planned unit development. 8. Subsequent to the filing of the staff report the applicant entered into a number of agreements with.affected agencies concerning the various applications on file. These agreements can be summarized as follows: A. Roads. 1. The agreements concerning roads are best summarized in the letters of April 25, 1991 from David Alden to Larry Rice of Deschutes County Public Works Department and John Hossick of the City of Bend Planning Department. The facts set forth in those letters are incorporated by reference herein. In summary, the applicant has agreed to construct Simpson Avenue in accordance with the public works specifications and in accordance with specifications required by the public works department. The applicant has also agreed to construct a permanent access to 18th Street from Simpson Avenue and gated emergency accesses from Mount Washington Drive to Knoll Avenue and Forest Ridge Avenue. 2. The Applicant has agreed to construct Mount Washington Drive from Simpson Avenue to Century Drive in conjunction with the first phase of development. The applicant has further agreed to construct Mount Washington Drive from Simpson Avenue North to Skyliner's Drive in conjunction with construction of phase seven (7). 3. The applicant has agreed to provide a direct access from Mount Washington Drive to the Broken Top club house with a two lane gated emergency access to the internal road system. 4. The construction of Mount Washington Drive to Century Drive may require reconstruction of the access road to Cascade Junior High School depending upon the road alignments selected by Deschutes County. Cascade Highlands has agreed to construct a realigned access road to the school in conjunction with the requirements of the Deschutes County Public Works PAGE 4 - FINDINGS AND DECISION, File No. SP -91-18 Department. 5. In addition to the construction of these roads off site the applicant continues to propose to construct a private access road from the west side of the Broken Top development to Century Drive. B. SEWER AND WATER. 1. The applicant has agreed to provide to the City of Bend a water/sewer master plan that would be coordinated with the city system by city staff. The applicant has agreed to construct a new well for the city off-site, to construct all requisite sewer and water transmission lines and to transfer to the City ownership of the new water well. In summary, all sewer and water requirements requested by the City of Bend are agreed to by the Applicant. 2. A separate water well would be utilized for irrigation water.. The applicant proposes to use a sophisticated computer system to minimize the amount of water needed to irrigate the golf course. C. SCHOOL. 1. Cascade Highlands has agreed to make a fifteen (15) acre site available to the school district provided the estimated elementary school pupil yield from Broken Top is at least 55 students. The site would have direct access to a public street, and the difference between the elevation of - the highest and lowest points will be less than 25 feet. (See Alden letter of April 23, 1991 to John Rexford concerning the details which are incorporated by reference (Exhibit #60.) D. PARRS. 1. The Bend Area Urban Comprehensive Plan designates an area on the southeast portion of the Broken Top Development. The applicant's alternate park site is located on the northwestern portion of the Cascade Highlands property with direct access to Skyliner's Road. The Bend Metro Park and Recreation District has indicated that the park needs of the Bend community would be better served by the alternate park site, because that site would better serve the growth pattern west of Bend and would be more suitable for development than a reconfiguration of the presently designated site. E. INDUSTRIAL PARR RESERVE. 1. The proposal by the applicant has not changed concerning the relocation of an industrial park reserve designated on the applicant's property in the Bend Area General Plan Map. The PAGE 5 - FINDINGS AND DECISION, File No. SP -91-18 0107 0933 applicant has requested a plan amendment to relocate approximately 80 acres of the 240 industrial park reserve shown on the plan. Those 80 acres would be located immediately north of the present reserve site. The applicant has set forth a burden of proof statement to justify the amendment (Exhibit #4). It appears that 81 acres of land within the Broken Top project are zoned UAR-10 rather than RS. This is the property which was previously designated as an Industrial Park Reserve. ISSUES PRESENTED In determining whether or not the proposed planned unit development is in conformance with the applicable land use criteria, several issued need to be addressed. These issues are as follows: A. Urban Growth Boundary/Density - The Applicant has proposed an adjustment to the Urban Growth Boundary. Also, opponents have raised the issue that the density provided for in this project is inconsistent with the provisions of the Bend Area General Plan. B. Roads - There are two issues to be addressed concerning roads within the project. First, the Applicant has proposed the realignment of Mount Washington Drive. Opponents assert that the realignment is inconsistent with the Bend Area General Plan and that the Applicant has provided insufficient facts to show that there will not be adverse impacts based upon this realignment. Second, the Applicant proposes a limited access road west from Broken Top to Century Drive. The issue here is whether or not this road, which is outside the Urban Growth Boundary, must be established under an exceptions process. C. Industrial Land - As indicated above, the Applicant is proposing a transfer of an Industrial Reserve designation to other property. The Applicant must establish that designation is consistent with the applicable criteria. D. Park - The Applicant must establish that the removal or transfer of the Park designation is consistent with the Bend Area General Plan. E. Privacy - Opponents to the proposed planned unit development claim that the gated access is incompatible with adjoining uses and inconsistent with the Bend Area General Plan. Each of these issues will be addressed in view of any applicable land use criteria as follows: PAGE 6 - FINDINGS AND DECISION, File No. SP -91-18 URBAN GROWTH BOUNDARY The Applicant has proposed to reconfigure the present inner urban growth boundary to accommodate the Broken Top planned unit development. Although the alignment of the boundary would change, the area within the boundary would remain essentially unchanged. In other words, approximately 142 acres currently within the Inner Urban Growth Boundary would go outside and 142 outside would now be within the Inner Urban Growth Boundary. No resourcelands would be affected. The outer Urban Growth Boundary.for the Bend Urban Area was never acknowledged by the Land Conservation and Development Commission. It is a recognition of previous planning for the Bend Urban Area and reflects an area of planning concern for the City of Bend. The inner Urban Area Growth Boundary is the only acknowledged boundary with the State of Oregon. The applicant's- proposal requires the extension of urban services into areas riot presently inside the inner Urban Growth Boundary. As a general rule, urban services should not be allowed outside of an acknowledged Urban Growth Boundary. In light of that, the request for the reconfiguration of the Urban Area Growth Boundary is required. The Hearings Officer does find that the original inner Urban Growth Boundary (IUGB) did not take into consideration any topographical features of the subject property but was merely drawn along section lines. There is more than ample evidence in the record to warrant a reconfiguration of the Urban Growth Boundary so long as the overall area of the Urban Growth Boundary remains unchanged. The Hearings Officer finds that because no resource lands are affected and the overall density of the IUGB as well as its geographic area will remain the same, no exception is required. If an exception is found to be required, however, the Hearings Officer makes the following findings regarding the request for a Comprehensive Plan Amendment to reconfigure the Inner Urban Growth Boundary and zone change from UAR-10 to RS an RS to UAR-10: (a) The Hearings Officer hereby approves and incorporates by reference the facts and conclusions set forth in the Burden of Proof statement submitted by the Applicant, a copy of which is attached hereto (Exhibit #3 and #5). 1 Those exhibits wherein facts are incorporated are on file at the Deschutes County Planning Department. PAGE 7 - FINDINGS AND DECISION, File No. SP -91-18 (b) The Hearings Officer has reviewed these findings and believes that the Applicant has done an excellent job of presenting the facts and issues and finds that they are supported by the evidence presented at the hearing and also by the language set forth in the Bend Area General Plan or by the provisions of the Bend Urban Area General Plan. In conjunction with the revision to the Urban Growth Boundary, the underlying zoning for the property must also change. Otherwise, the overall density for the Bend Urban Area would not remain unchanged. Therefore, the 142 acres in the newly created Urban Growth Area must be rezoned to RS and that portion of the Urban Growth Area which is to be deleted through this plan amendment shall be rezoned to UAR. DENSITY Regarding the issue of density, a question has been raised as to whether or not this planned unit development meets the minimum density for an urban standard (RS) zone and/or an urban reserve (UAR-10) zone. As noted above that 81 acres inside the Inner Urban Area Growth Boundary are zoned UAR-10, and that the zone allows planned unit developments as a conditional use. (See 19.12.030 (o).) That zone also allows destination resort as a conditional use. (See Section 19.12.030 (p). The lot area for the UAR-10 zone is a minimum of 10 acres. The purpose of the planned unit development is to allow and make possible greater varieties and diversification in the relationships between buildings and open space within building groups while insuring compliance with the purposes and objectives of the various zoning regulations and intent and purpose of this ordinance. In allowing -flexibility of design, planned unit developments allow a shifting of density. That is, the overall density of the entire project is considered and the particular lot size within the planned unit development does not necessarily have to meet the minimum lot requirements for the underlying zone. This practice was confirmed during the hearing process by the Planning Department. Because a planned unit development (PUD) is a conditional use in the UAR-10 zone and the PUD allows the Applicant to "shift" densities within the PUD so long as the overall density is consistent with the applicable land use criteria, the Hearings Officer finds that the Broken Top planned unit development may be established on both RS and UAR land. The Hearings Officer PAGE 8 - FINDINGS AND DECISION, File No. SP -91-18 finds that a change in the zone for these 81 acres is not necessary for the approval of this planned unit development if the application otherwise meets the requirements of the Bend Area General Plan and implementing ordinances. The Bend Urban Area Plan has a number of policies which relate to the issue of density. Those policies could be the subject of differing interpretations. Those policies include: A. No Minimum Density (Policy Considerations). There is language in the Bend Urban Area General Plan which could lead one to conclude that the minimum density would not have to be met if certain factors were present. These factors include topographical restraints on the property, the provision of open space such as golf courses, the proximity of this property to the Forest Service lands and the wildlife habitat thereon and the potential of a destination resort west of this PUD. Indeed the Plan notes that "the wide variety of conditions and problems makes specific policy statements difficult". As the Applicant pointed out in his Burden of Proof statement, there are a number of policies which support the proposition that this Application should not be approved nor denied on the basis of density. Those policies include: Policy 4: All residential development shall respect the physical characteristics of the site relating to soils, slope, geology, erosion, flooding and natural vegetation; Policy 29: Certain private recreational uses, such as golf courses or riding stables can be successfully integrated into residential areas provided the location, design and operation are compatible with the surrounding residential developments. Further, the Bend Urban Area General Plan states on page -11, "The area also has some potential for destination resorts and recreational development. The Bend Area and Central Oregon are desirable for recreation places and developments such as Sun River and Black Butte Ranch have become valuable assets to the area. Open lands west of Bend have potential for similar or smaller recreation developments and related activities which can be developed in concert with the general goals and objectives of this plan." PAGE 9 - FINDINGS AND DECISION, File No. SP -91-18 0107 0937 B. Minimum Density Required (Policy Considerations). On the other hand, the Bend Urban Area General Plan has fairly strong and specific language regarding the importance of density in residential projects. The plan provides for a specific range of density in the Urban Standard zone for 2.3 to 7.3 units per acre. The policies further state: Policy 1: The basic and most important single development criteria for residential areas is housing density. Policy 2: Residential densities indicated on the General Plan shall be respected and reflected in city and county codes, ordinances and development policies.. The intent of the Plan is to indicate housing density rather than the type of building construction permitted with various density areas. Policy 3: All new housing developments shall conform with the designated housing density regardless of building type, site size or timing as related to other developments. No legislative history of these plan policies was presented. Indeed, there may not be much of a legislative history available to help determine the intent of the City Commission and Board of Commissioners when these plan policies were adopted. In the absence of such history, the Hearings Officer finds that the language in the plan must be interpreted by looking at the Residential section as a whole. In viewing the residential policies as a whole the Hearings Officer finds that every development must, at the very least, meet the minimum lot size requirements regardless of conditions or design. The key issue in this analysis is whether or not the acreage on which the golf course is situated should be included within the density calculation or not. The Applicant has proposed a formula to meet the minimum density requirements by taking the gross acreage and subtracting that portion of the property used as a golf course and Mount Washington Drive. (Memorandum from Karen Swirsky dated April 24, 1991: Exhibit No. 9) The Hearings Officer, however, finds that the golf course acreage should be included within the calculation for density. It is the Hearings Officer's interpretation of the plan that a developer has the option of developing the total acreage of a project in a multitude of ways. It is up to the Applicant to determine which is the most feasible design for the development. An Applicant cannot, however, carve out areas of PAGE 10 - FINDINGS AND DECISION, File No. SP -91-18 010'7 028 the property and delete them from the density calculation. The density calculation will apply to all areas within any development, except those areas dedicated to the public or other land used for roads, etc. If this methodology were used, the appropriate calculation for the minimum density at the Broken Top development would be as follows (this calculation assumes the industrial reserve property would retain its current zoning): 1. Total acreage of the Broken Top development: 483 acres. 2. Subtract the acreage for Mount Washington Drive (right of way and buffer easement) and streets in the project: 112 acres (Mount Washington Drive comprises 25 acres and the Hearings Officer roughly estimated an additional 97 acres for other streets (approximately 25% of the project land].) 3. Determine the allocation units for the RS and UAR acreage: a. RS 290 acres at 2.3 units per acre: 667 units b. UAR-10 81 acres at 0.1 units per acre: 8 units C. The total number of units required: 675 (536 proposed) 4. Determine any (deficiency) surplus: (139) units It must be emphasized that if the acreages set forth above are incorrect, the calculation should be revised. It is anticipated by the Hearings Officer that those figures may be refined and, if necessary, made accurate before the approval process for Broken Top is finalized. It does appear, however, that. the applicant has not provided sufficient housing within the development to meet the Bend Urban General Plan policies. The Hearings Officer, therefore, finds that based upon the language in the Bend Area General Plan, the provision of the golf course does not lessen the requirement that the development meet the minimum density requirements for the applicable zone. It must be emphasized, however, this is a case at first impression concerning the interpretation of minimum density. If this decision stands, then all future land divisions shall be required to meet the minimum density requirements of the underlying zone. PAGE 11 - FINDINGS AND DECISION, File No. SP -91-18 0107 09009 ROADS 1. The Hearings Officer hereby approves and incorporates by reference the provisions of the Applicant's Burden of Proof statement as set forth in Exhibit No. 4, pages 7 through 16 as pertaining to Mount Washington Drive. Provided, however, that that portion of the statement which does not contemplate the construction of Mount Washington Drive is not approved and incorporated as the Applicant's position on that issue changed subsequent to the submittal of that Burden of Proof statement. 2. The Hearings Officer approves and incorporates by reference the provisions of the Applicant's supplemental Burden of Proof statement which pertains to the relocation of Mount Washington Drive (Exhibit #8). 3. The Hearings Officer finds that the relocation of Mount Washington Drive will not have an adverse impact on schools, parks or the provisions of any public services. In fact, the realignment of the access to Cascade Junior High School should be beneficial. 4. The Hearings Officer hereby approves and incorporates by reference the facts and conclusions set forth in the memorandum of Dave Alden to Paul Blikstad dated April 23, 1991 (Exhibit No. 59). 5. The Hearings Officer finds that the relocation of Mount Washington Drive and the ancillary requirements that Applicant provide emergency gated access to Knoll and Forest Avenue and a new access to 18th Street will enhance both the public safety needs for the residents of the Overturf Butte subdivision and traffic circulation. 6. The Hearings Officer finds that the landscape buffer and construction methodology proposed by the Applicant for Mount Washington Drive will mitigate any adverse impacts of the relocation of Mount Washington Drive, vis a vis the Overturf subdivision (see Exhibit 20A, Mount Washington Drive landscape buffer drawings). Since there will not be any direct access into the Overturf Butte subdivision, the Hearings Officer believes that Mount Washington Drive will not have an adverse impact in terms of circulation or noise, in light of the buffer and the methodology of construction. 7. Century Drive Access. With the construction of Mount Washington Drive and Simpson Avenue, the Hearings Officer finds that the primary access for the Broken Top subdivision will be via Simpson and Mount Washington Drive. The Applicant has proposed a limited access route PAGE 12 - FINDINGS AND DECISION, File No. SP -91-18 to the west of Broken Top subdivision. There are three purposes for this access road. First, this will be an image access which will provide outstanding views to visitors and residents of the Broken Top subdivision. The Applicant has proposed to introduce new vegetation along this access route so that the traffic going into Broken Top subdivision via this access will have an. aesthetically pleasing entrance. Second, this road will provide easy access from the Broken Top subdivision to the recreational amenities at Mt. Bachelor and other areas in the Cascades to the west of Bend. A third justification for this road is to provide alternate access in the event of emergencies. 8. Prior to the Applicant's agreement to construct Mount Washington Drive, the County and the State Department of Land Conservation and Development concluded the proposed Century Drive access road was a collector road for the Broken Top subdivision and future development of the Applicant's property to the west of Broken Top. In light of the applicant's agreement to construct Mount Washington Drive, the County now agrees that this is a limited road, private in nature, and should not be categorized as a collector road. The Hearings Officer agrees that the access road to the west can now be characterized as a private access road and would not function as a collector road for future development with proper conditions. 9. However, in light of concerns raised previously, the Hearings Officer believes that it would be appropriate to make findings regarding the exception for this road so that if it was determined later that such an exception was necessary, there would be findings in the record supporting the same. In support of that exceptions process, the Hearings Officer hereby approves and incorporates the findings and conclusions regarding the exceptions requirement set forth in the Applicant's Burden of Proof statement, pages 30 to 37. (Exhibit #2). PAGE 13 - FINDINGS AND DECISION, File No. SP -91-18 INDUSTRIAL LAND 1. Regarding the zone change for the property which is presently designated Industrial Reserve, the Hearings Officer finds that the zone change - is not necessary because of the fact that the planned unit development is a conditional use in the UAR zone. If the zone change is necessary, however, the Hearings Officer hereby approves and incorporates as findings of facts and conclusions an amended burden of proof regarding a zone change from UAR- 10 to RS, Deschutes County Land Use Application ZC-90-11 attached hereto (Exhibit #7). 2. The Hearings Officer finds that the relocation of the industrial land north to the Miller property is consistent with the General Plan to locate an industrial reserve on the west side of Bend. The Hearings Officer further finds that the topography of the proposed industrial site is far superior to the present plan location. The location on the Broken Top property has severe drops in elevation within the 80 acre parcel. The land located on the Miller property to the north is much flatter and will provide a better site for an industrial development than the acreage on the Broken Top property. PARRS 1. The Hearings Officer hereby approves and incorporates herein the findings and conclusions set forth in the revised Burden of Proof regarding the Comprehensive Plan Amendment to Move a Park Designation (Exhibit #6). 2. The Hearings Officer further concludes that the relocation of a park designation on the Cascade Highlands property is consistent with the provisions and intent of the Bend Area General Plan. The Hearings Officer finds that the relocation of the park will, in fact, enhance the ability of public agencies to provide park services to the citizens of the Bend community as evidenced by the letter from the Bend Metro Park and Recreation District (Exhibit #61). PRIVACY 1. At the hearing, opponents raised the issue as to whether or not a gated community with private streets is consistent with the Bend Area General Plan and policies. This issue, to the best of the Hearings Officer's knowledge, has never been raised before. The opponents' argument, as the Hearings Officer understands it, is that a gated community is not open to the general public and PAGE 14 - FINDINGS AND DECISION, File No. SP -91-18 010'7 0942 is undesirable because of its "snobbish" effect and because Bend, in general, is a community where neighborhoods are open to the general public. There are, however, precedents for private communities in Bend. For example, the Sunrise Development on Century Drive is such a community. This Hearings:Officer previously approved the Awbrey Glen Development where there was no opposition to a similarly proposed community. 2. No specific plan policies or ordinance sections have been brought to the Hearings Officer's attention indicating these types of developments are not acceptable. To the contrary; both the plan and implementing ordinance, especially the ordinance sections concerning planning developments, anticipate such developments. Private streets are an alternative allowed under planned unit developments. If the streets are truly private, there is no impediment to closing those streets to the general public subject to safety concerns for police and fire access. The Hearings Officer believes that that issue would have to be addressed as a policy matter and some specific language introduced into the plan or ordinances. Under the existing plan and implementing ordinances, and the practice of both the City of Bend and Deschutes County in the past, a planned unit development with private streets and limited access is allowed. PLANNED UNIT DEVELOPMENT CRITERIA Section 19.104.070 and 19.104.080 provides specific standards of approval of planned unit developments. Those criteria are as follows: "19.104.070 Standards for Approval In granting approval for a planned unit development, the Hearings Body or Planning Director shall be guided by the following: A. Whether applicant has, through -investigation, planning and programming, demonstrated the soundness of the proposal and an ability to carry out the project as proposed, and whether the construction shall begin within six months of the conclusion of any necessary action by the County, or within such longer period of time as may be established by the Hearings Body or Planning Director. B. Whether the proposal conforms with the general plans of the County in terms of location and general development standards. C. Whether the project will accrue benefits to the County PAGE 15 - FINDINGS AND DECISION, File No. SP -91-18 and general public in terms of need, convenience, service and appearance sufficient to justify any necessary exceptions to the regulations of the Zoning and Subdivision Ordinance. D. Whether the project will satisfactorily take. care of the. traffic it generates by means of adequate, off-street parking, access points, additional street right of way and improvements and any other traffic facilities required. E. Whether the project will be compatible with adjacent developments and will not adversely affect the character of the area. F. Whether the project will satisfactorily take care of sewer and water needs consistent with the Bend Urban Area General Plan. G. A planned unit development shall not be approved in any R zone if the housing density of the proposed development will result in an intensity of land use greater than permitted by the Comprehensive Plan." The Hearings Officer makes the following findings regarding these criteria: 1. The Hearings Officer finds based upon the Burden of Proof statements submitted by the applicant, the correspondence and memoranda submitted by their engineers, and the presentation at the hearing, that the applicant has demonstrated the soundness of the proposal and the ability to carry out the project. 2. The proposal as conditioned by this decision will conform with the general plans of the Bend Urban Area General Plan in terms of its location and general development standards. 3. The Hearings Officer does find that this project will accrue significant benefits to the Bend urban area. What appears to be an excellent golf course, would be open to the general public, thus providing a valuable recreational resource. The applicant is also providing the city a new water well. Finally, and probably of the greatest significance, is the applicant's willingness to construct Mount Washington Drive which is a significant collector for future traffic on -the west side of Bend. The Hearings Office also finds that the construction of Simpson Avenue with the limited gated access to Knoll and Forest Ridge Avenues and a direct access to 18th Street will provide valuable circulation and increased safety PAGE 16 - FINDINGS AND DECISION, File No. SP -91-18 access for the residents of Overturf Subdivision. The construction of all these roads will further make other areas available for development, thus meeting the housing requirements of the Bend urban area in the future. 4. As the proposal has been amended by the applicant, the project will satisfactorily take care of the traffic it. generates by the construction of Simpson Avenue and Mount Washington Drive together with the private roads within the Broken Top Development. 5. The project will be separated from the only subdivision. adjacent to it (Overturf Subdivision) by Mount Washington Drive and a considerable landscape buffer. The housing in this development is generally single family with some multi -family. The housing proposed by the applicant is consistent with or of superior quality to the housing generally found along Century Drive and in the Overturf Subdivision. The proposal does respect the topographical features of the property and should not adversely affect the character of the area, in comparison to any other type of residential development that could occur on this property. As evidenced by the correspondence between the applicant and the City of Bend, the applicant will comply with all requirements of the city for sewer and water in the Broken Top Development. The Hearings Officer finds that the applicant's agreement with the city regarding sewer and water meets the requirements of Subsection F. 6. The planned unit development will not exceed the density allowable for this area under the Comprehensive Plan. 19.104.080 Standards and Requirements Approval of a request for. a planned unit development is dependent upon the submission of an acceptable plan and satisfactory assurance that it will be carried out. The following minimum standards and requirements shall apply: "A. A dwelling use permitted in any zone may be permitted in a planned unit development. B. A manufactured home may be permitted in a planned unit development. However, manufactured home parks shall not be allowed in any commercial or industrial zone. C. Developments which either provide for or contemplate private streets and ways and common areas which will be or are proposed to be maintained by the owners of units or lots within a development must organize and maintain an owner's association. The owners' association shall PAGE 17 - FINDINGS AND DECISION, File No. SP -91-18 0107 0045 consist of all the owners of units or lots within the development and membership in the association must be required of all owners; adopt and record bylaws as provided by ORS 91.555; adopt bylaws that contain the provisions required by ORS 91.560; and have power to create a lien upon the unit or lot for services, labor. or. _ material lawfully chargeable -as common- expenses -.as: provided in ORS 91.580. The association's power to create such a lien shall exist whether or not the property is subject to the Oregon Unit Ownership Law ( ORS 91.505 - 91.675.) D. If the property is not subject to the Unit Ownership Law, the association shall also create, by contract, the right to claim a lien upon any unit or lot for services, labor or material chargeable as common expenses. This lien may be created by covenants between the association and the property owners and shall supplement the lien created by (C) above and require all owners of units or lots within the development to consent to and pay the reasonable value of services, labor or material expended by the County for common expenses where such County expenditures are made because the owners or the owners' association does not provide the necessary services, labor or material for common expenses. E. Streets and roads in planned unit developments shall be public roads and ways developed to County standards or be private roads of a minimum of 14 feet wide paved surface for one-way traffic, minimum 20 feet wide paved surface for two-way traffic and parallel parking as permitted shall require minimum additional 8 feet of width for each side of parking. In addition to these requirements, the Planning Director or Hearings Body may specify other requirements including, but not limited to, increased or decreased pavement width. F. Pedestrian walkways shall be provided for adequate pedestrian and bicycle traffic and shall be constructed with Portland cement or asphaltic concrete to County standards, except as varied by the provisions of this section or by the Planning Director or Hearings Body. G. All utility facilities shall be installed underground and in accordance with County standards. H. The design of all planned unit development projects shall provide direct access for all units and lots to open space areas and facilities. PAGE 18 - FINDINGS AND DECISION, File No. SP -91-18 0107 046 I. A statement must be submitted relative to the solar access to be provided by the planned unit development." The following findings pertain: 1. The Hearings. Officer. incorporates all of the Findings of Fact set forth above. 2. The PUD will have single family and multi -family units within the development. 3. Type A manufactured homes are allowed in the urban area. Manufactured homes are not anticipated in the Broken Top PUD. 4. The proposed PUD is to have private streets. The applicant must submit the required documentation of the owners, association being established and conformance with the appropriate sections of the Oregon Revised Statutes. County Legal Counsel will be reviewing the proposed bylaws for conformance with Section 19.104.080. 5. If the property is not subject to the Unit Ownership Law, the applicant must meet the requirements of this subsection. 6. The revised transportation improvements to be constructed by the applicant conform with Subsection E. 7. Applicant will be required to submit detailed information on the bike plan or any pedestrian walkway plan in conjunction with their site plan. 8. All utilities shall be installed underground. 9. The proposed planned unit development master plan map shows seven phases for the project. The first phase is to include golf course and clubhouse, as well as the multi -family portion of the development. The proposal reflects access from the lots to open space areas. The applicant must submit with the site plan review information as to the type of dwelling proposed for this phase, and whether any of these units will have direct access to open space areas and facilities. 10. The applicant has agreed to abide by any solar setbacks required. 11. Additional review can occur at the time of the filing of the subdivision plat. PAGE 19 - FINDINGS AND DECISION, File No. SP -91-18 0107 0947 CONFORMANCE WITH SECTION 19.100.030 FOR GOLF COURSES AND CONDITION USE IN THE RS AND UAR-10 ZONES: 19.100.030 General Conditional Use Criteria A conditional use may be granted.. only . upon findings . by ..the Planning Director or Hearings Body that the.. proposal meets all. of the criteria in this section, as well as all other applicable criteria contained in this ordinance. The general criteria are: "A. That the location, size, design and operating characteristics of the proposed use are such that it will have minimal adverse impact on the property value, livability and permissible development of the surrounding area. Consideration shall be given to compatibility in terms of scale, coverage and density with the alteration of traffic patterns and the capacity of surrounding streets and to any other relevant impact of the proposed use. B. That the site planning of the proposed use will, as far as reasonably possible, provide an aesthetically pleasing and functional environment to the highest degree consistent with the nature of the use and the given setting. C. The if the use is permitted outright in another zone, there is substantial reason for locating the use in an area where it is only conditionally allowed, as opposed to an area where it is permitted outright. D. That the proposed use will be consistent with the purposes of this Ordinance, the Comprehensive Plan, Statewide Goals and any other applicable statutes, ordinances or policies." The following findings pertain: 1. The Hearings Officer incorporates by reference all of the Findings of Fact set forth above. 2. The proposed golf course is to have 18 holes spread throughout the Broken Top Development. The golf course should be operated in an efficient manner similar to golf courses in the area. 3. The design of the golf course has taken into consideration the topographical features of the property. The golf course will provide important open space areas for this part of the Bend urban area. The golf course will further provide some open space breakages which PAGE 20 - FINDINGS AND DECISION, File No. SP -91-18 could act as fire breaks. 4. The revegetation plans of the applicant should help the appearance of those portions of the property which suffered from the Awbrey Hall fire. The open space characteristics of the golf. course will.. also be. consistent with the proximity of this development to -the. Tumalo wildlife winter range farther west of the Broken Top planned.unit development. 5. The applicant's revised plans which .should provide excellent access from Mount Washington Drive to the clubhouse for the general public. 6. A detailed site plan must be submitted concerning the particulars of the golf course, the clubhouse and the restaurant. 7. Golf courses are not a permitted use outright within any zone within the Bend urban area. The applicant has chosen this property as it is one of two or three properties that has a potential for PUD development in the Bend urban area. 8. The proposed golf course is consistent with the purposes of Title 19, the Bend Urban Growth Boundary zoning ordinance and all other applicable land use regulations. CONDITIONAL USE CRITERIA FOR THE MASTER PLAN FOR THE PLANNED UNIT DEVELOPMENT: Section 19.100.030 of the County Code General Conditional Use Criteria. A conditional use permit may be granted only upon findings by the Planning Director or Hearings Body that the proposal meets all of the criteria in this section, as well as all other applicable criteria contained in this Ordinance. The general criteria are: A. That the location, size, ,design and operating characteristics of the proposed use are such that it will have minimal adverse impact on property value, livability and permissible development of the surrounding area. Consideration shall be given to compatibility in terms of scale, coverage and density with the alteration of traffic patterns and the capacity of surrounding streets and to any other relevant impact of the proposed use. B. That the site planning of the proposed use will, as far as reasonably possible, provide an aesthetically pleasing and functional environment to the highest degree consistent with the nature of the use and given setting. PAGE 21 - FINDINGS AND DECISION, File No. SP -91-18 C. That if the use is permitted outright in another zone, there is substantial reason for locating the use in an area where it is only conditionally allowed, as opposed to an area where it is permitted outright. D. That the proposed use will be consistent with the purposes of this ordinance, the Comprehensive Plan, Statewide Goals and any other applicable statutes, ordinances or policies. The following findings pertain: 1. The Hearings Officer hereby incorporates all of the findings of fact set forth above. 2. A planned unit development is not a use permitted outright in any zone in the Bend urban area. DENSITY CONDITION OF APPROVAL The Hearings Officer will be requiring as a condition of this approval that the developer increase the density to conform with the minimum density requirements of the Bend Urban Area Plan. The alternative to this decision was to deny the planned unit development. The Hearings Officer finds that that would be an inappropriate result for the following reasons: 1. There is more than ample evidence in the record to support a conclusion that all of the public facilities required for this planned unit development shall be sufficient to meet the density required by the Plan (Buttke traffic reports, Public Works Memoranda, City of Bend Memoranda, etc.). 2. Even though the original application called for 536 units, the requirement that the development meet the minimum density requirements does not require any future variance or modification to the applicable standards or regulations for this zone. and/or planned unit development. 3. What is being approved here is only the master plan for the planned unit development. The applicant will still be required to bring in site plans and subdivision plats for approval. The configuration of the lots to conform with this density requirement can be adequately addressed during those review procedures. - BASED UPON the foregoing Findings of Fact and Conclusions, the Hearings Officer hereby: PAGE 22 - FINDINGS AND DECISION, File No. SP -91-18 0107 0:50 1. Recommends APPROVAL of: A. The plan amendment and zone change to reconfigure the Urban Growth Boundary by providing an additional 142 acres within the Broken. Top development and deleting 142, acres from the Bend Urban Area as outlined in the applicant's application and Burden of Proof Statement. B. A plan amendment to relocate a park designation from property within the Broken Top development to property owned by the applicant located north and west of Broken Top on Skyliner Road. C. A plan amendment to relocate the realignment of Mt. Washington Drive on the transportation plan map. Approval of said amendments and zone change shall be subject to the applicant obtaining all necessary approvals for the project. 2. APPROVES the applications for a conditional use permits for a golf course and club house and a conditional use and master plan for planned unit development in the Bend Urban Area subject to the following conditions: A. Receive final approval for the plan amendments for the relocations of the industrial reserve designation, relocation of the park designation and realignment of Mt. Washington Drive. B. Obtain site plan approval for the golf course and golf course clubhouse and other recreational amenities. C. Obtain subdivision approval for each phase of the subdivision as it is constructed. D. Construct all off-site, improvements including Simpson Avenue and Mt. Washington Drive in accordance with the memorandum of Dave Alden dated April 23, 1991 to Larry Rice, Director of the Deschutes County Public Works Department. All such improvements are to be constructed in accordance with the specifications of the Deschutes County Public Works Department. E. Construct all sewer and water facilities as agreed to by the applicant with the City of Bend. All sewer and water facilities are to be constructed in accordance with the City of Bend specifications. PAGE 23 - FINDINGS AND DECISION, File No. SP -91-18 0107 0051 Ownership of all sewer and water facilities is to be vested in the City of Bend in accordance with the approved policies and procedures of the City of Bend. F. Obtain approval from the Oregon State Highway. Department-for.the intersections of Mt. Washington: Drive and the secondary private access road west of Broken Top with Century Drive. G. Construct the access drive from. Century Drive in accordance with the private road standards of Deschutes County. The private access road from the west shall have a gate house located within 100 feet of Century Drive. Said road shall not be used to access any other property other than the Broken Top development unless approved otherwise by Deschutes County. H. Enter into an agreement with the Bend School District regarding the dedication of a school site in accordance with the letter agreement between the applicant and the School District. I. Provide a minimum density in the Broken Top planned unit development to comply with the minimum density requirements of the Bend Urban Area Plan as set forth in the Findings above. The provision of such density is to be reflected in a revised master plan wherein the provision of public facilities, roads and the golf course shall not be materially altered. 3. As indicated above, the Hearings Officer has concluded that it is not necessary to rezone the 81 acre parcel in the Broken Top development from UAR to RS. PAGE 24 - FINDINGS AND DECISION, File No. SP -91-18 0107 0952 ♦TEN (10) DAYS FROM THE DATE MAILED' THIS DECISION BECOMES FINAL UNLESS APPEALED. DATED and MAILED this 21st day of June, 1991. EDWARD P. FITCH cc: BOCC Commission Bend Urban Area Planning Deschutes County Planning Director City of Bend Planning Director Mike Freeman Robert S. Lovlien Mike Lollern Robert Odermatt Lamoine Eiler Bob Bobsky Robert Jameson Ann Thompson Dave Reynolds Bill Boyer Patrick and Sharron Green Janet Reynolds Dr. and Mrs. F. D. Piacentini Lynn Marshall George Marshall Norm Rife D. C. Carlson Brett Evert Paul Buchanan Karen Swirsky Carl Buttke Dave Alden Joleen Howard Diane Elliott Sharon Jensen David Webster Dan Grimberg James Twedt Nancy Crossan Ed Neumann Brian Tarrant John Vatcher and Rebecca Leone Ron Hoyt Lyle Stratton Daniel Altman Randy Partipilo Ross Alexander PAGE 25 - FINDINGS AND DECISION, File No. SP -91-18 0107 0953 Grant Hudkins John Rexford Dick Johnson Dan Seeman Terry Luelling Ben F. Williams Lynn J. Bruno Nick Amundson Eileen Woodward Yaakov Firestone Tom Petullo John L. Jones Earl E - Nichols John Head Eldon J. Howard Jim Beauvais Mr. and Mrs. Dale Lillard Dave Tewalt Pat Edwards Jack Beemer Dave Stalker Pat McClain Tom Pickett *\epf\land.use\cascade.dec PAGE 26 FINDINGS AND DECISION, File No. SP -91-18 0:0'7 0054 1. Applications for the above -referenced requests; 2 Burden. of Proof Statement Conditional: use permit application,. and master -plan. for .planning: -and development;. exceptions from State-wide Planning Goals 11 and 14 for an access road. 3. Burden of Proof: Comprehensive plan amendment to recognize the inner Urban Growth Boundary; and zone change from UAR-10 to RS and RS to UAR-10. 4. Burden of Proof Statement: Comprehensive Plan Amendments to change the alignment of Mount Washington Drive, to relocate an industrial park reserve and to remove a park designation. 5. Burden of Proof Statement: Comprehensive Plan Amendment to reconfigure the Inner Urban Growth Boundaries; Zone change from UAR-10 to RS and RS to UAR-10; and exception to Goals 2 and 14. 6. Revised Burden of Proof Statement: Comprehensive Plan Amendment to move a park designation. 7. Amended Burden of Proof: Zone change from UAR-10 to RS. 8. Supplemental Burden of Proof Statement 9. Response to Revised Staff Report for proposed Broken Top PUD. 10. Burden of Proof Comprehensive Plan Amendments: Change the alignment of Mount Washington Blvd. and to relocate industrial park reserve. 11. Burden of Proof Statement: Conditional use for a country club and golf course in the RS zone. 11A. Burden of Proof Statement: Conditional use for a country club and golf course in the UAR Zone. 12. Wildlife Plan for Broken Top Development dated December 12, 1990. 12A. Wildlife Plan for Broken Top Development dated May 9, 1991. 13. Department of Fish and Wildlife letter dated September 19, 1990. 14. Cascade Highlands Recovery Plan. 0107 0955 (Exhibit "A" continued) 15. Traffic Impact of Cascade Highlands report submitted by Carl Buttke. 16. Capital Project; five year -needs from Deschutes County Public - Works. 17. Bend Area General Plan Map. 18. David Evans and Associates map regarding the zone change. 19. Master Plan for Broken Top (October 10, 1990). 19A. Master Plan for Broken Top (January 18, 1990). 20. Mount Washington Road alignment map for Broken Top. 20A. Mount Washington Road Exhibit re: landscaping buffer. 21. Aerial photographs of the Broken Top area. 22. Engineering feasibility for proposed re -alignment of Mount Washington Blvd. as submitted by David Evans and Associates. 23. Alternative views of the proposed access road west of Broken Top. 24. Carl Butke exhibits for traffic impact of Cascade Highlands. 25. Preliminary Staff Report. 26. Revised Staff Report. 27. City of Bend Memorandum dated December 17, 1990. 28. City of Bend Memorandum dated April 11, 1991. 29. Department of Public Works testimony dated May 9, 1991.. 30. William Miller Memo dated October 31, 1990. 31. William Miller letter dated April 25, 1991. 32. Karen Swirsky letter dated November 21, 1990. 33. George Reed letter dated November 27, 1990. 34. U. S. Forest Service letter dated December 10, 1990. 35. Department of Transportation letter December 12, 1990. 36. Bend-LaPine Schools letter dated December 17, 1990. 0107 0956 (Exhibit "A" continued) 37. Bend Police Department Memo dated December 12, 1990. 38. Cascade School PISA letter dated December 19, 1990. 39. Bend Area .Traffic Safety Committee Memo dated December -19, 1990. 40. Bend Metro Memo dated December 21, 1990. 41. Dick Johnson Memo dated December 21, 1990. 42. DLCD letter dated December 21, 1990. 43. Department of Transportation letter dated January 8, 1991. 44. Fish and Wildlife letter dated January 17, 1991. 45. Butke letter dated January 19, 1991. 46. David Alden letter dated February 9, 1991. 47. Steve Janik letter dated February 11, 1991. 48. Cascade Highlands letter dated February 21, 1991. 49. Cascade Highlands letter dated February 22, 1991. 50. LCDC letter dated March 15, 1991. 51. Steve Janik Memo dated March 16, 1991. 52. David Evans letter dated March 18, 1991. 53. Department of Fish and Wildlife letter dated March 25, 1991. 53A. Dave Alden letter to Dick Johnson. 54. David Evans letter dated April 5, 1S91- 55. David Evans Memo dated April 9, 1991. 56. David Evans Memo dated April 10, 1991. 57. Larry Rice Memo dated April 15, 1991. 58. Karen Swirsky Memo dated April 15, 1991. 59. David Alden Memo to Paul Blikstad dated April 23, 1991. 60. David Alden letter to John Rexford dated April 23, 1991. 0107 0957 (Exhibit "A" continued) 61. Bend Parks and Recreation District letter dated April 23, 1991. 62. David Alden letter to John Hossick dated.April 23, 1991. 63. David Alden letter to Larry Rice dated April 25, 1991. 64. Diane Steinlicht letter dated April 22, 1991. 65. Daniel Alterman letter dated April 26, 1991. 66. Michael Alpert letter dated April 24, 1991. 67. Pickett/Atkinson letter dated.May 9, 1991. 68. Michael Hollern letter dated April 26, 1991. 69. Max Merrill letter dated May 7, 1991. 70. Muetters letter dated January 15, 1991. 71. David Stalker testimony submitted at the hearing. 72. Tygh Redfield letter dated April 25, 1991. 73. William Boyer letter dated April 25, 1991. 74. David Hewett letter dated May 8, 1991. 75. Susan Hamel letter dated May 3, 1991. 76. Eileen Woodward letter dated May 9, 1991. 77. Petition in Opposition to elements of the Broken Top development signed by residents of Noel Avenue. 78. John Head letter dated May 8, 1991. 79. Friends of Central Oregon letter dated May 9, 1991. 80. David Webster letter dated April 23, 1991. 81. Brian Terrant letter dated May 7, 1991. 82. Head letter dated January 14, 1991. _ „ 83. Sally Gray letter dated April 25, 1991. 84. James Gray letter dated April 25, 1991. 85. Carolyn Hanson letter dated May 9, 1991. (Exhibit "A" continued) 0107 0958 86. Cy Pinett letter dated May 8, 1991. 87. Lewis letter dated May 9, 1991. 88. Thompson letter dated May 10, 1991. 89. Hood letter dated May 19, 1991. 90. Kenneth Clark letter dated May 7, 1991. 91. Broken Top - sewer system map. 92. Broken Top - water system map. 93. Broken Top Industrial Park Comprehensive Plan Amendment. *\epf\laad.uee\broketcp.avb