HomeMy WebLinkAbout91-033REVIEWED
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LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES C ,
An Ordinance Amending Title 19 of the
Deschutes County Code, the Bend Urban
*
0107,
��
Growth Boundary Zoning Ordinance, As
*
Amended, Changing the zoning from RS,
Urban Standard Residential to UAR-10,
*
Urban Area Reserve and from UAR-10,
Urban Area Reserve to RS, Urban Standard
Residential on a Parcel of Real Property
'1
Located in Section 1, Township 18 South,
*
Range 11 E.W.M., Deschutes County,
Oregon, and Declaring an Emergency.
91-26424
.:a<<
Y
ORDINANCE 91-033
WHEREAS, Cascade Highlands, Inc. (Cascade Highlands) owns 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
requested and, pursuant to Ordinance 91-030 adopted concurrently,
approval to reconfigure the IUGB and to redesignate affected land
areas accordingly under the Bend Area General Plan (Plan);
WHEREAS, Cascade Highlands has requested that certain
properties identified herein be rezoned to conform to the Plan
designations adopted under Ordinance 91-030;
WHEREAS a hearing was held, after notice given in accordance
with law, before the County Hearings Officer;
WHEREAS, the Hearings Officer recommended approval of the
proposed zone changes under the 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, Title 19 of the Deschutes
County Code, the Bend Urban Growth Boundary Zoning Ordinance, as
amended (Code), is further amended to change the zone designation
of Parcel B, as generally depicted on Exhibit D, attached hereto
and by this reference incorporated herein, and as further described
in Exhibit B, attached hereto and by this reference incorporated
herein, from Urban Area Reserve -10 (UAR-10) to Urban Standard
Residential and to change the zone designation of Parcel C, as
generally depicted in Exhibit D, attached heretp and by this
KA Y ' CV
1 - ORDINANCE 91-033 (9/4/91) ✓,,4
._ 9 l) r I „ r ..1.
i l`1 i
reference incorporated herein,
C, attached hereto and by this
Urban Standard Residential (RS)
0107 1035
and as further described in Exhibit
reference incorporated herein, from
to Urban Area Reserve 10 (UAR-10).
Section 2. Subject to Section 3, the current Urban Area
Reserve (UAR-10) zoning designation for Parcel A, as depicted in
Exhibit D, attached hereto and by this reference incorporated
herein, and as more particularly described in Exhibit A, attached
hereto and by this reference incorporated herein, is retained as
consistent with the reconfigured IUGR. The current UAR-10 zoning
is also retained for an area lying within the reconfigured IUGB
that, prior to the adoption on this date of Ordinance 91-031 on
this date was formerly designated under the Plan for an Industrial
Park.
Section 3. To adopt as its decision and findings the Findings
and Decision, dated June 21, 1991, relating to Zone Change
Application ZC-90-11, marked Exhibit E, attached hereto and by this
reference incorporated herein. Approval of these zone changes is
made subject to all conditions imposed by the Hearings Officer.
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 day of 1991.
ATTEST:
Recording Secretary
2 - ORDINANCE 91-033 (9/4/91)
BOARD OF COUNTY COMMISSIONERS
OF DESCJWVES COUNTY, OREGON
N,
BB
ss&oner
EXHIBIT "A" 0107 1036
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:
rp�� 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 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 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 8904T24" 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 D
REGISTERED August 22, 1991
PROFESSIONAL
LAND SURVEYOR
OREG)N
JULY 18. 1980
JERRY 1 9 POWELL
chd8ugbajcp
DAVID BANS ANDASSOCMM, INC
ENGINEERS, SURVEYORS, PLANNERS, LANDSCAPE ARCHITECTS
OFFICES LN OREGON, WASHINGTON AND CALIFORNIA
'(19 N.'. \t:1li STREET SITTE 102
BE\ll. OREGON 9-01.3712
(503) 389.-614
• EXHIBIT "B" 0107 1037
PARCEL B
PROPERTY DESCRIP'T'ION
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°4T24" 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°2T42" West 60738 feet; thence North 47°4T 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 474T16" West
104.07 feet; thence North 38°17'25" East 58854 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 78738 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 55550
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°1T40" 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 EX MIT D
August 22, 1991
REGISTERED
PROFESSIONAL
LAND SURVEYOR
JULY 18. 1980
JERRY C. POWELL
1919
chd8ugbb.jcp
DAVID EvANS ANDASSOCIATFS, INC.
ENGINEERS, SURVEYORS, PLANNERS, LANDSCAPE ARCHITECTS
OFFICES IN OREGON. WASHINGTON AND CUHORNLa
'09 N.W WALL STREET. SLTTE 102
BEND. OREGON 9-01-2-12
(503) 389•-61-1
0107 1038
EXHIBIT "C"
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 264853 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 84051'22"
East 215.30 feet; thence North 79016117" 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 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 corner 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 EXMIT D
REGISTERED
PROFESSIONAL
LAND SURVEYOR 14
OREGON
JULY 18. 1980
JERRY1 C.POWELL
July 9, 1991
chd8ugbc.jcp
DAM EVANS ANDASSOCIATES.INC.
ENGINEERS. SURVEYORS. PLANNERS. UNDSCWE ARCHITECTS. SCIENTISTS
OFFICES L\ OREGON. WASHINGTON ANI) CA11FORNLA
-09 N.W. WALL STREET: Si ITE 102
BEND. OREGON 9-01.2-12
IG;ItI :Qo.- j PAVf;OA) zRQ.Y.)i
010'7 1039
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DAVID EVANS AND ASSOCIATES, INC
709 NW WALL STREET. SUITE 102
BEND, OREGON 97701 (503)389-7814
EXHIBIT n
EXHIBIT "E" 0107 1040
FINDINGS AND DECISION
FILE NO.: CII -90-206, CU -90-207, CU -90-207, CU -90-208,
PA -90-101 PA -90-111 PA -90-11, PA -91-2,
PA -91-3, and ZC-90-1
APPLICANT: CASCADE HIGHLANDS, INC.-
One
NC: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-101 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.
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.._.
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
#200RI.
2. ZONE:
010'7 1041
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 91 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, Secti.on"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
010'7 1042
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 IIS 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 1043
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 (71.
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
nwa,mays
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 AMER-
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
water. The applicant proposes to
system to minimize the amount of
golf course.
C. SCHOOL.
be utilized for irrigation
use a sophisticated computer
water needed to irrigate the
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. PARKS.
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 prgperty with direct access
to SkylinerIs -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 PARK 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
010'7 1045
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
010'7 1046
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 resource.lands 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 IUGR 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 frpm 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
0107 1047
(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
UMMM0,1601
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
ll, "The area also has some pptential 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 1049
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 1050
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
ROADS
0107 1051
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. 41 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).
S. 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
010"7 1052
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
010'7 1053
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 IIAR 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.
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 1054
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.
I ` )Nei,' 1 : ' A • ' I:i6MOW' Y:4'
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
0107 1055
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
0167 1156
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 1057
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
010'7 1058
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 1059
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
010'7 1060
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 PIAN 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
010'7 1061-
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
010'7 106?
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
010'7 1063
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
THIS DECISION BECOMES FINAL TEN
UNLESS APPEALED.
0107 1 064
(10) DAYS FROM THE DATE MATTED,
DATED and HAILED this 21st day of June, 1991.
EDWARD P. FITCH
cc: BOCCCommission
Bend Urban Area Planning Director
Deschutes County Planning
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
File No. SP -91-18
PAGE 25 - FINDINGS AND DECISION,
107 11,065
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
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PAGE 26 - FINDINGS AND DECISION, File No. SP -91-18
EXIMIT w1ff
010'7 1066
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 reserveand 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.
(Exhibit "A" continued)
0107 1067
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.
010'7 1068
(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, 1%9 1.
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 1069
(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 1070
0
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.
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