2021-387-Resolution No. 2021-070 Recorded 10/5/2021— REVIEWED Recorded in Deschutes County CJ2021-387
Steve Dennison, County Clerk
t Commissioners' ,journal 10/05/2021 3:57:28 PM
LEGAL COUNSEL
F.
2021-387
For Recording Stamp Uniy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Setting a Public Hearing for the
Proposed Jurisdictional Surrender of Portions RESOLUTION NO. 2021-070
of Knott Road, Tekampe Road, and Stevens
Road to the City of Bend, Oregon Pursuant to
ORS 373.270.
WHEREAS, the portions of Knott Road, Tekampe Road, and Stevens Road shown in the attached
Exhibit "A", incorporated herein by this reference, are county roads under the jurisdiction of Deschutes
County, Oregon ("County"); and
WHEREAS, by Bend Ordinance No. NS-2416, attached hereto as Exhibit "B" and by this reference
incorporated herein, the City of Bend, Oregon ("City") has requested transfer of jurisdiction from County to
City of the portions of Knott Road and Tekampe Road shown in Exhibit "A", as said road portions are
located within the area identified in Exhibit "B" that was annexed by City; and
WHEREAS, by Bend Ordinance No. NS-2421, attached hereto as Exhibit "C" and by this reference
incorporated herein, the City of Bend, Oregon ("City") has requested transfer of jurisdiction from County to
Citv of the portion of Stevens Road shown in Exhibit "A", as said road portion is located within the area
identified in Exhibit "C" that was annexed by City; and
WHEREAS, it is necessary to give notice and hold a hearing in accordance with ORS 373.270 in
order to consider the transfer of jurisdiction of such County roads to City; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, as follows:
Section 1. That on Wednesday, October 20, 2021, at 9:00 A.M. in the Barnes and Sawyer Rooms
of the Deschutes Services Center, 1300 NW Wall Street, Bend, Oregon, the Board of County
Commissioners will hold a hearing to determine whether jurisdiction over the County roads shown in Exhibit
"A" will be surrendered to the City of Bend.
Section 2. That notice of said hearing, in substantially the form marked Exhibit "D", attached hereto
and by this reference incorporated herein, shall be posted in no less than three (3) public places, including
one public place within the city limits of Bend, for no less than 20 calendar days before the hearing.
PAGE 1 OF 2- RESOLUTION No. 2021-070
Dated this / day of 2021
ATTEST:
Recording Secretary
PAGE 2 OF 2- RESOLUTION No. 2021-070
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
?! � n �- &I-L �
PHIL CHANG, Vice Char
�',k �--, A A � k -, �
PA TI ADAIR, Commissioner
ROAD JURISDICTIONAL TRANSFER - EASTON AND STEVENS RANCH ANNEXATIONS
APPROXIMATE
ROAD
MAP SEGMENT
SEGMENT LENGTH
NAME
SEGMENT TO BE TRANSFERRED
NUMBER
(FT.)
NOTES
SE 15th Street to the East Line of the
Requested by City
Knott Road
SW1/4 of the SW1/4 of Sec. 15, T18S,
1
1271
(Ordinance NS-2416)
R12E, W.M.
Knott Road to 149.93 ft. south of the
Tekampe
Requested by City
South Line of Sec. 15, T18S, R12E,
2
120
Road
(Ordinance NS-2416)
W.M.
West Line of the NE1/4 of the NW1/4
Stevens
of Sec. 11, T18S, R12E, W.M. to
Requested by City
3
2513
Road
westerly right of way of PG&E
(Ordinance NS-2421)
Transmission Gas Line
EXHIBIT A - PAGE 1 OF 2
ROAD JURISDICTIONAL TRANSFER - EASTON AND STEVENS RANCH ANNEXATIONS
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EXHIBIT A - PAGE 2 OF 2
ORDINANCE NO. NS - 2416
AN ORDINANCE ANNEXING APPROXIMATELY 50 ACRES OF LAND IN A
PORTION OF THE SOUTHEAST "ELBOW" UGB EXPANSION MASTER
PLAN AREA, FOR EXPANSION OF THE EASTON MASTER PLANNED
DEVELOPMENT AND REQUESTING JURISDICTIONAL TRANSFER OF THE
RIGHT OF WAY PER ORS 373.270.
Findings:
A. Bend Development Code Section 4.9.400A.3 provides for annexation of real
property to the City when 100 percent of the property owners that represent
more than half the assessed value of all real property in the contiguous
territory proposed to be annexed consent to the annexation.
B. The City received an application for annexation of the territory shown on
Exhibit B and described in Exhibit C (the "Area").
C. One -hundred percent of property owners within the Area have filed
statements of consent to this annexation.
D. Public notice for the City Council hearing was provided in accordance with
the requirements of BDC 4.9.300.A.3, and BDC 4.1.423-4.1.425. On June
30, 2021, notice was mailed by the Planning Division to surrounding owners
of record of property within 500 feet of the subject properties, and to the Old
Farm and Southeast Bend Neighborhood Association representatives.
Notice was also posted in four public places on July 6, 2021, and posted in
The Bulletin on July 11, 2021 and July 18, 2021. On July 2, 2021, Notice of
Proposed Development signs were posted by the applicant along the
property frontages at four locations, no more than 10 feet from adjacent
rights of way.
E. The City Council held a public hearing on July 21, 2021 to receive evidence
and comments on the question of annexation.
F. The Area is contiguous to the City limits of the City of Bend along the west
and north boundaries of the properties within the Area.
G. The applicant and the City have reached agreement on a proposed
Annexation Agreement that sets forth the obligations of the applicant for the
provision of urban infrastructure needed to serve the newly annexed area
and other areas.
Based on these findings, THE CITY OF BEND ORDAINS AS FOLLOWS:
Section 1. The territory containing approximately 50 acres of land as
described in Exhibit A and depicted in Exhibit B, is annexed to the
City of Bend upon the Annexation Agreement (Exhibit C) taking
effect.
EXHIBIT B - PAGE 1 OF 48
Section 2. The City Manager is authorized to execute the Annexation
Agreement (Exhibit C) in the substantially the form presented to
Council.
Section 3. In addition to the findings set forth above, the City Council adopts
and incorporates the findings in Exhibit D.
Section 4. On the date the annexation becomes effective, the UA District will
cease to apply and the zoning map will be automatically updated in
accordance with the Modification to the Easton Master Planned
Development zoning scheme (PLMOD20210482).
First Reading: July 21, 2021
Second reading and adoption by roll call vote: August 4, 2021
YES: Mayor Sally Russell NO: none ABSTAIN: Schenkelberg
Councilor Barb Campbell
Councilor Melanie Kebler
Councilor Anthony Broadman
Councilor Megan Perkins
Sally Russ 11, Mayor
Attest:
Robyn Christie, City Recorder
Approved as to form:
Mary --A. -.Wintb,rs,_City'Attorne
EXHIBIT B - PAGE 2 OF 48
Page 1 of 1
AKS ENGINEERING & FORESTRY, LLC
2777 NW Lolo Drive, Suite 1S0, Send, OR 97703 AKS Job #7326-01
P; (541) 317-8429 1 www.aks-eng.com
KNOWE"ING & FORM1A Y OFFICES IN: BEND, OR - KEIZER, OR • TUALATIN, OR . VANCOUVER, WA
EXHIBIT A
(Annexation Tax Lot 1400, Tax Map 18 12 15CD)
A tract of land located in the Southwest One -Quarter of Section 15, Township 18 South, Range 12
East, Willamette Meridian, Deschutes County, Oregon, and being more particularly described as
follows:
All of the Northwest One -Quarter of the Southeast One -Quarter of the Southwest One -Quarter of
Section 15, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon.
The above described tract of land contains 10.00 acres, more or less.
03/6�'/R0;?,i
REGISTERED
PROFESSIONAL,
LAND SURVEYOR
MARCH S. 2016
JAC08 0. P4WEL
90744PLS
RENEWS.,12 31 21
EXHIBIT B - PAGE 3 OF 48
EXHIBIT B
A TRACT OF LAND LOCATED IN THE NW 1/4 OF THE
SE 1 /4 OF THE SW 1 /4 OF SEC, 15, T18S, R12E, W.M.,
DESCHUTES COUNTY, OREGON
BARGAIN AND SALE DEED
INSTRUMENT NUMBER 2020-25816
N89'56'30"E 659,44'
SW 1/16 C-E-SW 1/64
LOT 8
PARCEL 1
QUITCLAIM DEED
INSTRUMENT NUMBER 2008-32160
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NW1/4 OF THE SEt/4 OF THE SM /4
OF SECTION 15
AREA = 10,00 ACRES f
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PARCEL 2
QUITCLAIM DEED
INSTRUMENT NUMBER 2008-32160
C-S-SW 1/64 SE -SW 1 64
S89'59'09"W 657.53'
STATUTORY WARRANTY DEED
INSTRUMENT NUMBER 2018-37904
BASIS OF BEARINGS
BEARINGS FOR THIS MAP ARE BASED ON THE CENTRAL OREGON
COORDINATE SYSTEM (COCS), DESCHUTES 13 TRANSFORMATION,
DERIVED FROM THE OREGON REAL-TIME GNSS NETWORK (ORGN).
03/o`/ /90-2_ f
IN
LOT 7
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`D LOT 6
cor
CD
N
LOT 5 /
STATUTORY
WARRANTY
DEED
>-017-41850
PREPARED FOR
CITY OF BEND
709 NW WALL ST., SUITE 100
BEND, OR 97703
REGISTERED SCALE, 1 "=150 FEET
PROFESSIONAL
LAND SURVEYOR
150 0 30 75 150
EXHIBIT
LJOREGON MAP OF ANNEXATION
MARCH 8, 2016 B
ACOB D. POWELL AKS ENGINEERING & FORESTRY, LLC ORWN: JDP
80744PLS 12777 NW LOLO DR, STE 150 c KO. JAC
RENEWS: 12 31/2022 BEND, OR 97703 99AKS JOB:
A . ..,,N T 541,317.8429 WWW.AKS-ENG.COM 7326-01
EXHIBIT B - PAGE 4 OF 48
ArC
ENGINEERING IN FORMOY
AKS ENGINEERING & FORESTRY, u.0
2777 NW Lolo Drive, Suite 150, Bend, OR 97703
P: (541) 317-8429 f www.aks-engxam
OFFICES IN: BEND, OR - KEIZER, OR - TUALATIN, OR - VANCOUVER, WA
Page 1 of 2
AKS Job #7326-01
EXHIBIT A
(Annexation Tax Lot 1500, Tax Map 18 12 15, and portion of Knott Road)
A tract of land located in the Southwest One -Quarter of Section 15, the Northwest One -Quarter of
Section 22, and the Northeast One -Quarter of Section 21, Township 18 South, Range 12 East,
Willamette Meridian, Deschutes County, Oregon, and being more particularly described as
follows:
Beginning at the northeast corner of the Southwest One -Quarter of the Southwest One -Quarter of
Section 15, thence along the east line of said section subdivision South 00'15'14" West 1323.42
feet to the southeast corner of said section subdivision and also being on the centerline of Knott
Road; thence along the east line of the Northwest One -Quarter of the Northwest One -Quarter of
Section 22, South 00'21'29" West 30,00 feet to the south right-of-way line of said road (30.00 feet
from centerline); thence along said south right-of-way line for the following courses, North
89°59'31" West 651.16 feet; thence South 00016'58" West 10.00 feet (to a point 40.00 feet from
centerline); thence North 89°59'31" West 485.32 feet to a point of non -tangent curvature; thence
on a 30.00 foot radius curve to the right (radius point bears North 31 °06' 05" West), an are distance
of 14.26 feet, through a central angle of 27°13'54", and a chord of South 72130'52" West 14.12
feet; thence on a 756.00 foot radius curve to the left, an arc distance of 41.99 feet, through a central
angle of 3°10'57", and a chord of South 84°32'21" West 41.99 feet; thence on a 131,00 foot radius
curve to the left, an are distance of 77.07 feet, through a central angle of 33°42'29", and a chord
of South 66°05'37" West 75.96 feet; thence along a 36.00 foot radius curve to the left, an arc
distance of 18.08 feet, through a central angle of 28°46'08", and a chord of South 34151' 19" West
17.89 feet to the east right-of-way line of Tekampe Road (40.00 feet from centerline); thence along
said east right-of-way line, South 00°16'58" West 56.32 feet; thence perpendicular to said east
right-of-way line, North 89°43'02" West 70.00 feet to the west fight -of -way line of said road
(30.00 feet from centerline); thence along said west right-of-way line for the following courses,
North 00' 16' 58" East 27.75 feet; thence North 89'39' 10" West 9.77 feet to a point of non -tangent
curvature; thence on a 156.01 foot radius curve to the left (radius point bears South 74°15'45"
West), an are distance of 86,80 feet, through a central angle of 31°52'46", and a chord of North
31°40'38" West 85.69 feet; thence on a 35.95 foot radius curve to the left, an are distance of 27.33
feet, through a central angle of 43'33'11", and a chord of North 69°23'36' West 26.67 feet to the
south right-of-way line of Knott Road; thence along said south right-of-way line (variable width
from centerline), South 88°4948" West 75.54 feet; thence on a 30.00 foot radius curve to the right,
an are distance of 15.63 feet, through a central angle of 29°50'46", and a chord of North 76°14'49"
West 15.45 feet; thence North 61°19'26" West 12.59 feet to a point 30.00 feet from centerline;
thence leaving said south right-of-way line parallel with and 30.00 feet southerly of, when
measured at right angles to said Knott Road centerline, North 89'37' 11" East 212.02 feet; thence
continuing parallel with and 30.00 feet southerly of said centerline, South 89°59'31" East 39.75
feet; thence parallel with and 40,00 feet easterly of, when measured at right angles to said
centerline of Tekampe Road, North 00°16'58" East 29.93 feet; thence parallel with and 40.00 feet
easterly of, when measured at right angles to the centerline of SE 15th Street and easterly right-of-
way thereof, North 00°03'38" West 1321.33 feet to the north line of said Southwest One -quarter
EXHIBIT B - PAGE 5 OF 48
Page 2 of 2
of the Southwest One -quarter of Section 15, thence along said north section subdivision line, North
89°54'42" East 1278,46 feet to the Point of Beginning.
Bearings for this description are based on the Central Oregon Coordinate System (COOS),
Deschutes 13 Transformation, Derived from the Oregon Real -Time GNSS Network (ORGN).
The above described tract of land contains 40.05 acres, more or less.
0316y/'9aa t
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
MARCH a. 8016
JAC:08 0. POWELL
80 PL5
RENM' 12 31 2022
EXHIBIT B - PAGE 6 OF 48
EXHIBIT B
A TRACT OF LAND LOCATED IN THE SW 1 /4 OF SEC. 15, THE NW 1 /4 OF SEC. 22,
AND THE SE 1/4 OF SEC. 21, T18S, R12E, W.M., DESCHUTES COUNTY, OREGON
I BARGAIN AND SALE DEED
t N89'54'42'E 1278.46' INSTRUMENT NUMBER 2020-25816
I
50.00' - 4 t-
PREPARED FOR
M
CITY OF BEND
709 NW WALL ST., SUITE 100
BEND, OR 97703
P
0
BASIS OF BEARINGS
BEARINGS FOR THIS MAP ARE
z
W I
BASED ON THE CENTRAL
Lu
OREGON COORDINATE SYSTEM
It
(COGS), DESCHUTES 13
TRANSFORMATION, DERIVED
FROM THE OREGON
H1
REAL-TIME GNSS NETWORK
(ORGN).
Lqj
o N00'16'58'E 29.93'
In SW COR SECTION 15
i
S89'59'31"E 39.75'
N89'37'11"E 212.02'
l
N61'19'26"W
12.59'
I
o C7 L=15.63'
M S88'49'48"W 75,54'
C6 L=27.33'
05 L=86,80'
t
RADIAL S741545"W
N89'39'10"W 9.77'
N0016'58"E 27.75' 30'00'
a
REGISTERED
,Q
PROFESSIONAL
LAND SURVEYOR
W 0
1
OREGOIN
MARCH S. 2016
JACOB D. POWELL
90744PLS
RENEWS.12/31 2022
40.00'
40,00'
0
40.00,
POINT OF BEGINNING
NE CDR OF THE SWI/4 OF
THE SWI/4 OF SECTION 15
WARRANTY DEED
INSTRUMENT NUMBER 1991-09140
AREA = 40.05 ACRES t
CURVE TABLE
CURVE
RADIUS
C NFL
LENGTH
CHORD
Cl
30.00'
2713'54"
14.26'
S72'30'52'W 102'
C2
756.00'
310'57'
41.99'
S8432'21'W 41.99'
C3
131.00'
3342'29'
77.07'
S66'05'37'W 75.96'
C4
36.00'
28'46'08'
18.08'
S34'51'19"W 17.8V
C5
156,01'
31'52'46"
86.80'
N3140'38"W 85,69'
06
35.96
4X3SI1"
27.33'
N69'23'36'W 26,67'
C7
30.OW
29'50'46'
15.63'
N76'14'49"W 15.45'
SE CDR OF THE SWI/4 OF
THE SWI/4 OF SECTION 15
i
-RADIAL N31i16'05" KNOTT-
N8W59'31"W 485.32' N89'59'31"W 651.16'
-"CI L=14.26' o�_SOO'16'58"W 10.00' I Qo I -SOD°
-C2 L=41.99' o
-C3 L=77.07'
-C4 L=18.08'
-SO0'16'58"W 56.32'
-N89'43'02"W 70.00'
SCALE: 1 "= 250 FEET
250 0 50 125 250
MAP OF ANNEXATION
> ENGINEERING & FORESTRY, LLC
7 NW LOLO DR, STE 150
ID, OR 97703
.317.8429 WWW.AKS-ENG.COM ,
30.00'
N
B
5RWN: JDP
CHKD; JAC
AKS JOB:
7326-01
EXHIBIT B - PAGE 7 OF 48
After recording, return to:
City of Bend
Attn: Colin Stephens
Community Development Department
710 NW Wall St.
Bend, OR 97703
EASTON SOUTH ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") is made this day of [JUtSd 2021
between the City of Bend ("City") and Pahlisch Homes, Inc ("Pahlisch") and he real
property owners set forth on Exhibit A (together, Pahlisch and additional property
owners set forth on Exhibit A are collectively referred to as the "Owner"), who are the
owner(s) of record of the property described in Exhibit B and depicted on Exhibit C
("Property")
The purposes of this Agreement are:
1. to memorialize the agreement between the parties to annex the Property into the
City;
2. to assign responsibilities among the parties for performance of certain
requirements to develop the Property;
3. to memorialize the Agreement among the parties on the allocation of financial
responsibility for the public facilities and services that are necessary to serve the
Property; and
4. to guarantee the City's requirements for the provision of urban services to the
Property.
RECITALS
A. Pahlisch intends to develop the Property pursuant to the Bend Comprehensive
Plan (the "BCP"), the Bend Development Code (the "BDC") and a City -approved Major
Community Master Plan. The Property is within the City's Urban Growth Boundary
(UGB) and is contiguous to the City limits at SE 15th Street and south of SE Caldera
Drive. Therefore the Property is eligible for annexation subject to BDC Chapter 4.9.
B. Pahlisch intends to develop the Property with a mix of single family,
duplex/triplex, multi -family housing and commercial development as required by BCP
Policies 11-93 to 11-102.
C. The Property consists of approximately 48 acres located in the Elbow Expansion
Area that is subject to the requirements and limitations of the BCP Specific Expansion
Area Policies 11-93 through 11-102, including the requirement that development is
subject to a major community master plan approval under BDC Chapter 4.5.
{01081860;3} Page 1 of 29 - EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 9 OF 48
D. The Property is currently zoned Urbanizabie Area ("ILIA") and is designated
Residential Standard ("RS"), Residential Medium Density ("RM") and General
Commercial ("GC") on the BCP Map pursuant to Policies 11-93 and 11-102 of the Bend
Comprehensive Plan.
E. On October 21, 2020 the City adopted Ordinance No. NS-2391, An Ordinance
Amending the Bend Development Code to Adopt the Easton Major Community Master
Plan (the "Easton Master Plan").
F. Pahlisch has submitted a request to the City for amend the Easton Master Plan
to include the Property within the Easton Master Plan pursuant to City File No.
PLMOD20210109 (the "Easton Amendment"). Together, the Easton Master Plan and
the Easton Amendment are sometimes referred to herein as the "Easton Project."
G. On May 7, 2021, the Owner submitted a request to the City to annex the Property
to the City (City File No. PLANX20210483).
H. Annexation of the Property requires the Owner to prove that all criteria under
BDC 4.9.600 are met.
1. In order to meet the BDC 4.9.600 criteria and to satisfy the City's conditions for
an affirmative decision to annex the Property, and in exchange for the obligations of the
City set forth in Section 7 of this Agreement, the Owner agrees to comply with all
requirements imposed in this Agreement and all other City codes, regulations, and
standards applicable to the Property, including the Easton Master Plan. This
Agreement is consistent with and intended to implement the BCP Specific Expansion
Area Policies 11-93 through 11-102 as these policies specifically relate to the Property
and other applicable policies of the BCP.
AGREEMENT
Based upon the Recitals, which are incorporated as part of this Agreement, and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the parties, the parties agree as follows:
1. Obligations of the Owner. Consistent with the above Recitals, Owner agrees to
perform the obligations of this Agreement and comply with and meet all City codes,
standards, and regulations, including the Easton Master Plan. All exhibits attached are
conceptual and nothing in this Agreement prohibits refinements to meet City standards
as part of the required development applications.
2. Master Plan Approval. Pahlisch will seek approval of a Major Community
Master Plan under BDC Chapter 4.5 for the Easton Master Plan concurrent with
approval of this Annexation Agreement. This Agreement will become effective upon
authorized signatures of all parties, approval of the Easton Master Plan, as modified by
the Easton Amendment by the City Council, and expiration of all applicable appeal
periods or when the City's approval of the Master Plan is otherwise final.
{01081850;31 Page 2 of 29 -- EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 10 OF 48
3. Water. In order to serve the Property consistent with BCP Specific Expansion
Area Policies 11-93 through 11-102 and other applicable policies of the BCP and the
BDC, the Owner shall construct the water system improvements pursuant to the
phasing and development schedule set forth in the Easton Amendment (Sheets P12
and P6 of PLMOD20210482). Nothing in this Section 3 precludes the Owner from
seeking SDC credits for the water system improvements required under this Section 3,
but the parties acknowledge that such improvements are currently not identified on any
SDC Project List or Capital Improvement Plan.
4. Sewer. In order to serve the Property consistent with BCP Speck Expansion
Area Policies 11-93 through 11-102 and other applicable policies of the BCP and the
BDC, the Owner shall construct the wastewater collection system improvements
pursuant to the phasing and development schedule set forth in the Easton Amendment
(Sheets PI and P6 of PLMOD20210482). Nothing in this Section 4 precludes the
Owner from seeking SDC credits for the wastewater collection system improvements
required under this Section 4, but the parties acknowledge that such improvements are
currently not identified on any SDC Project List or Capital Improvement Plan.
5. Transportation, In order to serve the Property consistent with BCP Specific
Expansion Area Policies 11-93 through 11-102 and other applicable policies of the BCP
and the BDC, together with the Transportation Planning Rule (OAR 660-012-0060) the
Owner shall construct the transportation system improvements identified on Exhibits D1
A-G pursuant to the phasing and development schedule set forth in the Easton
Amendment (the "Transportation Projects").
5.1 Transportation System SDC Credits. Pursuant to Bend Municipal
Code (BMC) 12.10.130, transportation improvements identified on Exhibit D-2 will be
eligible for TSDC Credits if that improvement is included in the most current
approved and adopted TSDC Project List. If, because of a future update to the
TSDC methodology, additional improvements as identified on Exhibit D-2 are added
to the TSDC Project List before commencement of construction by the Owner for the
improvement, the Owner may apply for TSDC credits based on the City's TSDC
methodology and code in effect at that time.
5.2 Transportation Planning Rule Compliance. The Parties
acknowledge that (i) the construction of Transportation Projects will benefit multiple
transportation modes and provide improvements to locations other than the affected
facilities; and (ii) the system -wide benefits are sufficient to balance the significant
effects identified in the Easton Amendment Transportation Impact Analysis (TIA),
even though the improvements will not result in consistency for all performance
standards. Attached as Exhibit E are written statements of approval from the
Oregon Department of Transportation and Deschutes County pursuant to OAR 660-
012-0060(2)(e) acknowledging compliance with the Transportation Planning Rule,
OAR 660-012-0060.
5.5 Dedication of Right of Way. The Owner agrees to dedicate sufficient
right of way under Owner's control to the City to accommodate the Transportation
(01081860;3) Page 3 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 11 OF 48
Projects described in Section 5 above, and to meet the minimum right of way widths
required by BDC Chapter 3.4 and the Easton Amendment. To the extent there is a
conflict between the street standards set forth in BDC Chapter 3.4 and those set forth in
the Easton Amendment, the standards in the Easton Amendment shall control.
6. Stormwater. The Owner will contain all stormwater consistent with the Easton
Amendment and all applicable City requirements. The Owner will complete all on -site
stormwater requirements as required by the Easton Master Plan and Easton
Amendment and all subsequent development applications (e.g., site plan review,
subdivision).
7. Obligations of the City. Consistent with the above recitals, the City agrees to:
7.1 Process the application for annexing the Property into the City Limits.
7.2 Conduct a timely review of and issue a decision on the Easton
Amendment applications.
7.4 Owner acknowledges that the City cannot prospectively agree to any
specific outcomes.
9. Covenants Running with the Land. It is the intention of the parties that the
terms and obligations of this Agreement are necessary for the annexation and
development of the Property and as such will run with the Property and will be binding
upon the heirs, executors, assigns, administrators, and successors of the parties and
are construed to be a benefit and burden upon the Property. This Agreement must be
recorded with the Deschutes County Recorder upon execution. Execution and
recording of this Agreement are preconditions to the annexation of the Property into the
City. These covenants will expire for each portion of the Property upon recording of a
final plat for that portion of the Property under the Easton Amendment. The parties will
execute and record any document necessary to release such covenants at the time of
recording of the final plat.
10. Limitations on Development. Upon annexation the Owner agrees that no
portion of the Property may be developed prior to the City's final approval of the Easton
Amendment. Development of the Property under the Easton Amendment will be
subject to additional land use and permit approval'as provided in the BDC.
11. Mutual Cooperation. The City and Owner will endeavor to cooperate with each
other in implementing the terms of this Agreement.
12. Modification of Agreement. This Agreement may be modified only in writing
upon mutual agreement of all parties. This Agreement may not be modified such that
urban facilities and services are not provided in a timely manner to the Property.
13. Land Use Approval. Except as set forth in Section 14 below, nothing in this
Agreement is to be construed as waiving any requirements of the Bend Municipal Code,
Bend Development Code or Bend Comprehensive Plan provisions which may be
t01081860;3) Page 4 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 12 OF 48
applicable to the use and development of the Property. Nothing in this Agreement is to
be construed as the City providing or agreeing to provide approval of any building, land
use, or other development application or grading permit application.
14. Exactions. The Owner knows and understands its rights under Dolan v. City of
Tigard and its progeny. By entering into this Agreement Owner waives any requirement
that the City demonstrate that the public improvements and other obligations imposed
on the Owner in this Agreement or the Easton Amendment are roughly proportional to
the burden and demands placed upon the urban facilities and services by the
development of the Property. The Owner acknowledges that the requirements and
obligations of the Owner, including but not limited to the required public improvements,
are roughly proportional to the burden and demands on urban facilities and services that
will result from development of the Property.
15, Invalidity. If any provision of this Agreement is deemed unenforceable or
invalid, such enforceability or invalidity will not affect the enforceability or validity of any
other provision of this Agreement.
16. State Law. The validity, meaning, enforceability and effect of this Agreement
and the rights and liabilities of the parties shall be determined in accordance with the
laws of the State of Oregon.
17. Effective Date. This Agreement will become effective upon authorized
signatures by all parties, approval of the Easton Amendment by the City Council, and
expiration of all applicable appeal periods or when the City's approval of the Easton
Amendment is otherwise final.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
(01081860;3} Page 5 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 13 OF 48
OWNER:
Wl.-.�...
Daniel Pahlisch, President
Pahlisch Homes, Inc., an Oregon corporation
State of Oregon
County of Deschutes
This instrument was acknowledged before me on 2-C , 2021, by Daniel
Pahlisch, President of Pahlisch Homes, Inc., an Oregon torporation, on behalf of the
corporation.
OFF/CMIL STAMP
SARA KATHLEEN MORRIS
\ NOTARY PUBLIC-OHEGOrN
COMMISSION No, 991089
MYOOMMESSION UPIRES SEPTEMBER 8. 2M3
CITY OF BEND
c
Eric King, Git nager
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me
City Manager of the City of Bend.
LOFFICiAL.STAtHP
KAYLAMARt�:i�Rt V
NOTARY tRUI}0 "h RE iGAnRMISS1!i?4+�MOB. 1;4AISSt0N EXP1R Stt WVW- R284=t
Notary Public fol Oregon
01 , 2021, by Eric King as
Oregon
101081860;3) Page 6 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 14 OF 48
EXHIBIT A
List of Additional Property Owners, Signatures and Notary Blocks
le F. Ward, President
Ward, Co.
Mate of Oregon )
County of Deschutes )
This instrument was acknowledged before me on N+ 'i"" , 2021, by Josele
P. Ward, as President of the J.L. Ward Co., an Oregon corporation, on behalf of the
corporation.
`-� --
--P������� Notary Public for Oregon
OFFIEmom a BAYLISS
NOTARY PUeUC-OREGON
COMMISSION NO.1013M
MY C mmissioN EXPIRES JUNE 16.2025
(01081860;3) Page 7 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 15 OF 48
EXHIBIT B
Legal Description of Property
{01081860;3} Page 8 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 16 OF 48
Page 1 of 1
A AKS ENGINEERING & FORESTRY, LLC
2777 NW l.ofo Drive, Suite 150, Bend, OR 97703 AKS lob #7326-01
P: (541) 317-8429 ( www.aks-eng.com
ENGINEMNG&FoResm OFFICES IN: BEND, OR - KEIZER, OR - TUALATIN, OR - VANCOUVER, WA
EXHIBIT B
(Annexation Tax Lot 1400, Tax Map 18 12 15CD)
A tract of land located in the Southwest One -Quarter of Section 15, Township 18 South, Range 12
East, Willamette Meridian, Deschutes County, Oregon, and being more particularly described as
follows:
All of the Northwest One -Quarter of the Southeast One -Quarter of the Southwest One -Quarter of
Section 15, Township 18 South, Range 12 East, Willamette Meridian, Deschutes County, Oregon.
The above described tract of land contains 10.00 acres, more or less.
v 7l 1
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGO
HARM 8, 2016
JACOB 0. laid,
EXHIBIT B - PAGE 17 OF 48
A
AN
ENG NEERNNG & F'OMMM
AKS ENGINEERING & FORESTRY, LLC
2777 NW Lola DrlVe, Sulte 150, Bend, OR 97703
P: (541) 317-8429 1 wwwaks-eng.com
OFFICES IN: BEND, OR - KEIZER, OR - TUALATIN, OR - VANCOUVER, WA
Page 1 of 2
AK51ob #7326-01
EXHIBIT B
(Annexation Tax Lot 1500, Tax Map 18 12 15, and portion of Knott Road)
A tract of land located in the Southwest One -Quarter of Section 15, the Northwest One -Quarter of
Section 22, and the Northeast One -Quarter of Section 21, Township 18 South, Range 12 East,
Willamette Meridian, Deschutes County, Oregon, and being more particularly described as
follows:
Beginning at the northeast corner of the Southwest One -Quarter of the Southwest One -Quarter of
Section 15, thence along the east line of said section subdivision South 00o15'14" West 1323.42
feet to the southeast corner of said section subdivision and also being on the centerline of Knott
Road; thence along the east line of the Northwest One -Quarter of the Northwest One -Quarter of
Section 22, South 00°21'29" West 30.00 feet to the south right-of-way line of said road (30.00 feet
from centerline); thence along said south right-of-way line for the following courses, North
89°59'31" West 651.16 feet; thence South 0096'58" West 10.00 feet (to a point 40.00 feet from
centerline); thence North 89°59'31" West 485.32 feet to a point of non -tangent curvature; thence
on a 30.00 foot radius curve to the right (radius point bears North 31°06'05" West), an arc distance
of 14.26 feet, through a central angle of 27°13'54", and a chord of South 72a30'52" West 14.12
feet; thence on a 756.00 foot radius curve to the left, an arc distance of 41.99 feet, through a central
angle of 3a10'57", and a chord of South 84°32'21" West 41.99 feet; thence on a 131.00 foot radius
curve to the left, an arc distance of 77.07 feet, through a central angle of 33°42'29", and a chord
of South 66105'37" West 75.96 feet; thence along a 36.00 foot radius curve to the left, an arc
distance of 18.08 feet, through a central angle of 28°46'08", and a chord of South 34o51' 19" West
17.89 feet to the east right-of-way line of Tekampe Road (40.00 feet from centerline); thence along
said east right-of-way line, South 00°16'58" West 56.32 feet; thence perpendicular to said east
right-of-way line, North 89o43'02" West 70.00 feet to the west right-of-way line of said road
(30.00 feet from centerline); thence along said west right-of-way line for the following courses,
North 009 658" East 27.75 feet; thence North 89°39' 10" West 9.77 feet to a point of non -tangent
curvature; thence on a 156.01 foot radius curve to the left (radius point bears South 74o15'45"
West), an arc distance of 86.80 feet, through a central angle of 31°52'46", and a chord of North
31 a40'38" West 85.69 feet; thence on a 35.95 foot radius curve to the left, an arc distance of 27.33
feet, through a central angle of 43a33'11", and a chord of North 69a23'36" West 26.67 feet to the
south right-of-way line of Knott Road; thence along said south right-of-way line (variable width
from centerline), South 88°49'48" West 75.54 feet; thence on a 30.00 foot radius curve to the right,
an arc distance of 15.63 feet, through a central angle of29°50'46", and a chord of North 76°14'49"
West 15.45 feet; thence North 61 a19'26" West 12.59 feet to a point 30.00 feet from centerline;
thence leaving said south right-of-way line parallel with and 30.00 feet southerly of, when
measured at right angles to said Knott Road centerline, North 89o37' 11" East 212.02 feet; thence
continuing parallel with and 30.00 feet southerly of said centerline, South 89°5931" East 39.75
feet; thence parallel with and 40.00 feet easterly of, when measured at right angles to said
centerline of Tekampe Road, North 00o 16'58" East 29.93 feet; thence parallel with and 40.00 feet
easterly of, when measured at right angles to the centerline of SE 15th Street and easterly right-of-
way thereof, North 00°03'38" West 1321.33 feet to the north line of said Southwest One -quarter
EXHIBIT B - PAGE 18 OF 48
Page 2 of 2
of the Southwest One -quarter of Section 15; thence along said north section subdivision line, North
89°54'42" East 1278.46 feet to the Point of Beginning.
Bearings for this description are based on the Central Oregon Coordinate System (COOS),
Deschutes 13 Transformation, Derived from the Oregon Real -Time GNSS Network (ORGN).
The above described tract of land contains 40.05 acres, more or less.
07=aa2
REGISTERED
PROFESSIONAL
LAND SURVEYOR
EXHIBIT B - PAGE 19 OF 48
EXHIBIT C
Map of Property
{01081860;3} Page 9 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 20 OF 48
EXHIBIT C
A TRACT OF LAND LOCATED IN THE NW 1 /4 OF THE
SE 1 /4 OF THE SW 1 /4 OF SEC. 15, T18S, R12E, W,M.,
DESCHUTES COUNTY, OREGON
BARGAIN AND SALE DEED
INSTRUMENT NUMBER 2020-25816
N89'56'30"E 659,44'
SW 1/16 C-E-SW 1/64
LOT 8
W)
w uj
Z�Q
PARCEL 1
QUITCLAIM DEED
LOT 7
a
INSTRUMENT NUMBER 2008-32160
o�
q w'
two
6
�R
o
NW1 /4 OF THE SE1 /4 OF THE SW1 /4
10
1/o /( /
OF SECTION 15
a'/
AREA = 10.00 ACRES f
LOT 5<f�
PARCEL 2 STATUTORY
QUITCLAIM DEED WARRANTY
INSTRUMENT NUMBER 2008-32160 DEED
C-S-SW 1/64 \2017-41850
S89'59'09"W 657.53' SE -SW 1/64 -�
STATUTORY WARRANTY DEED
INSTRUMENT NUMBER 2018-37904
BASIS OF BEARINGS
BEARINGS FOR THIS MAP ARE BASED ON THE CENTRAL OREGON
COORDINATE SYSTEM (COCS), DESCHUTES 13 TRANSFORMATION,
DERIVED FROM THE OREGON REAL-TIME GNSS NETWORK (ORGN),
07//y%Ao 1
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
MARCH 8, 2016
JACOB D. POWELL
90744PtS
RENEWS:12/31/2022
PREPARED FOR
CITY OF BEND
709 NW WALL ST., SUITE 100
BEND, OR 97703
SCALE: 1 "=150 FEET
150 0 30 75 150
MAP OF ANNEXATION EXHIBIT
C
;S ENGINEERING & FORESTRY, LLC DRWN; JDF
77 NW LOLO DR, STE 150 CHKD: JAC
ND, OR 97703 AAK AKS JOB:
1.317.8429 WWW.AKS-ENG.COM =3 17326-01
txriitsi I b - r'/Aurz L I Vr 40
EXHIBIT C
A TRACT OF LAND LOCATED IN THE SW 1 /4 OF SEC. 15, THE NW 1 /4 OF SEC, 22,
AND THE SE 1 /4 OF SEC. 21, T18S, R12E, W.M., DESCHUTES COUNTY, OREGON
I BARGAIN AND SALE DEED
1 N895442"E 1278.46' INSTRUMENT NUMBER 2020-25816
50.00'
L.
l
PARED FOR
CITY OF BEND
M
709 NW WALL ST., SUITE 100
BEND, OR 97703
00
00
in
s7
BASIS OF BEARINGS
BEARINGS FOR THIS MAP ARE
W1
BASED ON THE CENTRAL
OREGON COORDINATE SYSTEM
(COCS), DESCHUTES 13
N�
TRANSFORMATION, DERIVED
FROM THE OREGON
F1
REAL-TIME GNSS NETWORKto
(ORGN).
T-
Lut
o N0016'58"E 29,93'
C.
SW CDR SECTION 15
1
S89'S9'31"E 39.75'
N89'37'11"E 212,02'
i
NL
N61'19'26W
12.59'
1
S C7 L=15.63'
S88'49'48"W 75.54'
C6 1-47.33'
C5 L=86,80�
RADIAL S7495'45"WN89'39'10'W
u-
9.77'
NOO'16'WE 27,75' 30.00'
a 1 P2� z
W
CL
REGISTERED
2
PROFESSIONAL
O
LAND SURVEYOR
LLI �
_
OREGON
MARCH S. 2016
JACOB D, POWEL
90744PLS
ENEW�S•. /12/12 31 21
40.00'
40.00'
POINT
OF BEGINNING
NE CDR OF THE SW1/4 OF
THE SW1/4 OF SECTION 15
WARRANTY DEED
INSTRUMENT NUMBER 1991-09140
AREA = 40.05 ACRES t
CURVE TABLE
CURVE
RADIUS
CENTRAL
ANGLE
LENGTH
CHORD
Cl
30.00'
2713'64"
14,26'
S72'30'52'W 14.12'
C2
756.00'
310'57`
41.99'
S8432'21°W 41.99'
C3
131.00'
33'42'29"
77.07'
S66105'37"W 75.96'
C4
36.0W
2846'08"
18,08'
S34'51'191 17.89'
C5
156,01'
31'52'46"
66.00
N31'40'38'W 85.69'
C6
35,95'
431SM"
27,33'
N69'23'36"W 26.67'
C7
30.00'
29 ST46"
15.63'
N76-14'49°W 15.45'
SE COR OF THE SWI /4 OF -
"' THE SW1/4 OF SECTION 15
-RADIAL N3TD6D5"W - KNOTT ROAD
N89'59'31°W 485.32' N89'59'31"W 651,16'
�CI L=14,26' S S00'I6'58°W 10.00' o
�C2 L=41.99' M
�C3 L=77.07'
�C4 LI6'5B"' N
S00'I6'S$°W 56.32'
40A0' N89'43'02''W 70.00'
SCALE: 1 "= 250 FEET
250 0 50 125 250
MAP OF ANNEXATION
AKS ENGINEERING & FORESTRY, LLC
2777 NW LOLO DR, STE 150
BEND, OR 97703
541,317.8429 WWW.AKS-ENG.COM ,
30.00'
C
DRWN: _DP
CHKD:. JAC
AKS JOB:
»26-01
EXHIBIT B - PAGE 22 OF 48
EXHIBIT D-1 (A thou G)
Transportation System Improvements
{01081860;3} Page 10 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 23 OF 48
SEE EXHIBIT DI(C)
SEE EXHIBIT D1(D)
SEE EXHIBIT DI(B)
DATE. 7
EASTON MASTER PLAN & ANNEXATION
SCALE: 1 "=1000 FEET OFFSITE IMPROVEMENTS KEY PLAN
AKS ENGINEERING & FORESTRY, LLC
loon 0 200 5� t000
2777 NW LOLO DR, STE 150
��� ORIGINAL PAGE SITE: 8.5" x 11" BEND, OR 97703
541.317.8429 WWW.AKS—ENG.COM KOS
EXHIBIT
DUN,
AKS JOB:
7326-01
EXHIBIT B - PAGE 24 OF 48
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SINGLE —LANE ASPIJALT ROUNDABOUT
u
f SE CALDERA DRIVE
MULTI —USE PATH
PER PZ-20-0477I IN
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DATE: 7/7/2021
EASTON MASTER PLAN & ANNEXATION EXHIBIT
SCALE: 1 "= 200 FEET SE CALDERA ROAD/SE 15TH STREET ROUNDABOUT pic
AKS ENGINEERING & FORESTRY, LLC DRWN: MM
mmi
200 o 40 too 200 2777 NW LOLO DR, STE 150 CHKD:
ORIGINAL PAGE SIZE: 8.5" x 11° BEND, OR 977033 AKS J08:
AAK
420201207 ANNEXATION EXHIBITS Di C 541.317.8429 WWW,AKS—ENG.COM 7326-01
EXHIBI I b - PAUL 2b OF Q3
w
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F DATE: 7/7/2021
EASTON MASTER PLAN & ANNEXATION EXHIBIT
SCALE: 1 "= 200 FEET MULTI -USE PATH ON EAST SIDE OF SE 15TH STREET D1 D
AKS ENGINEERING & FORESTRY, LLC DRWN: MM
2777 NW LOLO DR, STE 150 CHKD:
200 0 40 100 201) BEND, OR 97703 AAK AKS JOB:
ORIGINAL PAGE SIZE; 8.5" x 11" 541.31T8429 WWW.AKS-ENG.COM =3 17326-01
EXHIBIT B - PAGE 27 OF 48
FUTURE ROUNDABOUT
(BY 77�
/
SEE EXHIBIT D1(F)
(COID EASTERN PED BRIDGE)
SCALE: 1"= 400 FEET
400 0 80 200 400
ORIGINAL PAGE SIZE: 8.5" x 11"
SIDEWALK ON THE EAST
SIDE OF SE 15TH STREET
FRM KIN(; HF7FKIAH WAY
DATE: 7
EASTON MASTER PLAN & ANNEXATION EXHIBIT I
SE 15TH STREET SIDEWALK plE
AKS ENGINEERING & FORESTRY, LLC DRUM: MM
2777 NW LOLO DR, STE 150
BEND, OR 97703
541,317,8429 WWW.AKS-ENG.COM
CHKO:
AMK=51 aKS JOB:
7326-01
tANlbl I b - NAUt Lif Ur 40
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SEE EXHIBIT DI(E)
COLD EASTERN
PEDESTRIAN BRIDGE
(DESIGN TBD)
N
SCALE: 1 "= 200 FEET
200 0 40 100 200
ORIGINAL PAGE SIZE: 8.5" x 11"
71 7001207 ANNEXATION £xHIBITS I Di(r)
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EASTON MASTER PLAN & ANNEXATION EXHIBIT
COID PED BRIDGE D"( F
AKS ENGINEERING & FORESTRY, LLC DRWN: MM
2777 NW LOLO DR, STE 150 CHM
BEND, OR 97703 AAK AKS JOB:
541.317.8429 WWW.AKS-ENG.COM 7326-01
EXHIBIT 8 - PAGE 29 OF 48
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EXHIBIT D-2
Transportation Systems Project List/GO Bond Project List
(01081860;3) Page 11 of 29 - EASTON SOUTH ANNEXATION AGREEMENT
(PLMO D20210109)
EXHIBIT B - PAGE 31 OF 48
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EXHIBIT E
j TPR Letters from Deschutes County and ODOT
(01081860;3) Page 12 of 29 — EASTON SOUTH ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT B - PAGE 33 OF 48
From: der Russell
To: Kann Swenson
Cc: Cody Smith; Peter Russell
Subject: Des Co comments on Easton Master Plan modification (PLMQD20210482)
Date: Friday, June 11, 2021 1:06:03 PM
Attachments: Image0o i.ona
Ifflaoe0Q2.QnU
Image003.nna
Image004.ono
CAUTION: External Email. Use caution when opening attachments, clicking links, or responding to this
email.
Karen,
Deschutes County appreciates the opportunity to review the proposed modification of the 75.4-acre
Easton Master Plan to expand to the south by 48 acres (Project PLMOD20210482). The comments
from the Road Department submitted on March 11, 2021, remain in effect. The County has several
issues that can be addressed in this land use. These include right of way annexation and
jurisdictional transfer; revised access to Knott Road; and compliance with the Transportation
Planning Rule (TPR).
The segment of Knott Road which abuts the subject property (SE Ledger to SE 15th), as a condition of
approval, must be annexed into the City for the entire width of the right of way. The City must also
immediately upon annexation begin the process of jurisdictional transfer from the County to the
City. The City will become the road authority for this segment. Additionally, the County requests
that the City annex the entirety of the 15th/Knott Roundabout, specifically the southbound leg
(Tekampe Road) and have that segment of Tekampe jurisdictionally transferred to the City. The
annexation and jurisdictional transfer would be consistent with the Joint Management Agreement
(JMA) between the City of Bend and Deschutes County.
Raintree Drive's connection to Knott Road remains a concern. This portion of Knott Road is under
County jurisdiction, but traffic from the Easton Master Development will utilize this intersection.
Staff has reviewed the April 7, 2021, Easton South — Raintree Review memo submitted by Transight
Consulting, which on Page 2 notes the intersection has substandard sight distance. While Page 4
suggests adding a "Right Turn Only" rider under the stop sign as a mitigation to the substandard
sight distance, the County preference is to instead make this a right -in, right --out (RIRO) only
connection to Knott. This will significantly reduce the number of conflict points at this intersection
and should be made a condition of approval. Staff would suggest the proposed new connection (SE
Ledger Lane) to Knott Road on the eastern edge of the proposed expansion also be made a RIRO as a
condition of approval. The roundabout at SE 15/Knott Road can accommodate the southbound to
eastbound lefts onto Knott as well as the eastbound to northbound lefts off of Knott.
Staff defers to the City if the revised traffic study complies with the Transportation Planning Rule.
Please enter the County's comments into the public record and provide us a copy of the City's
decision on this file. Thanks.
EXHIBIT B - PAGE 34 OF 48
ES C'�j Peter Russell I Senior Transportation Planner
4 G DESCHUTES COUNTY COMMUNITY DEVELOPMENT
�+ 117 NW Lafayette Avenue I Bend, Oregon 97703
PO Box 6005 j Bend, Oregon 97708
Tel: (541) 383-6718 1 www.deschutes.org/cd
Disclaimer., Please note that the information In this email is an informal statement made in accordance with DCC 22.20,005
and shall not be deemed to constitute final County action effecting a change in the status of a person's properly or conferring
any rights, including any reliance rights, on any person.
EXHIBIT B - PAGE 35 OF 48
From: WILLIAMS Rick * Rea4
To: Karen Swenson
Cc: ioecUragslghtconsiilting.com; MOREHOUSE Donald
Subject: Easton Master Plan Modification, PLANX20210483-ODOT Comments
Date: Friday, June 11, 2021 1:39:35 PM
CAUTION: External Email. Use caution when opening attachments, clicking links, or responding to this
email.
Karen,
ODOT has reviewed the Easton Master Plan Modification, Pi_ANX20210483, and finds that it is
in compliance with the Transportation Planning Rule based upon the actions taken with the
adoption of the Southeast Area Plan (SEAP) and the proposed mitigation contained in the
Easton Master Plan Modification provided by Transight Consulting. ODOT is requesting no
further action.
Please note that ODOT is interested in working with the City of Bend to develop a method to
track the total number of vehicle trips resulting from approved developments that are within
the boundaries of SEAP. Our goal in tracking the total number of trips is so the City and ODOT
can compare what was approved in the SEAP to what actually gets developed and the
associated resulting trips. We also want to compare the trip outputs from the Bend -Redmond
model, used in the development of SEAP, to model runs from a pending update to the Bend -
Redmond model and any future updates to the model.
Please direct any questions you may have regarding this correspondence to me.
Best Regards,
Rick Williams
Principal Planner
ODOT Region 4
541-815-6877
EXHIBIT B - PAGE 36 OF 48
PROJECT NUMBER: PLMOD20210483
HEARING DATE: July 21, 2021 COMMUNITY
DEVELOPMENT
APPLICANT: Pahlisch Homes, Inc.
210 SW Wilson Ave #100
Bend, OR 97702
OWNERS: Pahlisch Homes at Easton Limited Partnership
210 SW Wilson Ave #100
Bend, OR 97702
JL Ward Co
20505 Murphy Road
Bend, OR 97702
LOCATIONS: 60802 SE 15tn Street, Bend, OR 97702; Tax Lot 1812150001500
60901 Raintree Drive, Bend, OR 97702; Tax Lot 181215CDO1400
ZONE: Urbanizable Area (UA) — to be rezoned to be consistent with the
Comprehensive Plan upon annexation
COMP PLAN: Commercial (CG) and Standard Density Residential (RS) —Tax Lot 1500
Residential Medium Density (RM) —Tax Lot 1400
REQUEST: A Type III Quasi-judicial request for Annexation of 50 acres of the
Southeast "Elbow" UGB Expansion Area to expand the Easton Master
Planned Development.
APPLICABLE CRITERIA, STANDARDS, AND PROCEDURES:
Criteria
Bend Development Code
Chapter 4.9 Annexations
Bend Comprehensive Plan
Chapter 7, Transportation Systems
Chapter 11, Growth Management
Oregon Administrative Rules
Chapter 660-012-0000, Transportation Planning
Procedures
Bend Development Code
Chapter 4.1 Development Review and Procedures
EXHIBIT B - PAGE 37 OF 48
4.1.400 Type li and Type ill Applications
4.1.800 Quasi -Judicial Hearings
FINDINGS OF FACT:
1. SITE DESCRIPTION AND LOCATIONS: As currently approved, the Easton Master Plan
encompasses 75.4 acres and is bounded by SE 15tn Street (Minor Arterial) to the west,
existing single-family homes to the north, and Bend City limits to the east and south. The
properties planned to be added to the Easton Master Plan are located directly south of the
current master plan and include three tax lots totaling 48 acres, which will increase the total
Easton Master Plan area to 123.4 acres. The additional 2 acres of the annexation, for a total
of 50 acres, include abutting rights -of -way.
The proposed annexation area includes property designated Residential Standard Density
(RS), Medium Density Residential (RM) and Commercial General (CG) and are part of the
Southeast "Elbow" Expansion Area.
Existing vegetation on the property to be added is typical of the east side of Bend and
includes coniferous trees —primarily junipers scattered along the northwest corner —of
varying heights and maturities.
3. PROPOSAL: A Type III Quasi-judicial request for Annexation of 48 acres of the Southeast
"Elbow" UGB Expansion Area for the expansion of the Easton Master Planned Development.
Easton Modification Annexation
PLANX20210483
Page 2 of 12
EXHIBIT B - PAGE 38 OF 48
4. PUBLIC NOTICE AND COMMENTS: Prior to submittal of this application and related
applications, the applicants hosted a virtual public meeting through Zoom on October 21,
2020, in accordance with BDC 4.1,215. Public notice for the City Council hearing was
provided in accordance with the requirements of BDC 4.9.300.A.3, and BDC 4.1.423-4.1.425.
On June 30, 2021, the Planning Division mailed notice to surrounding owners of record of
property within 500 feet of the subject properties, and to the Old Farm and Southeast Bend
Neighborhood Association representatives. Notice was also posted in four public places on
July 6, 2021, and posted in The Bulletin on July 11 and July 18, 2021. On July 2, 2021, Notice
of Proposed Development signs were posted by the applicant along the property frontages at
four locations, visible from adjacent rights of way.
5. APPLICATION ACCEPTANCE DATE: This Type III Quasi-judicial Annexation petition was
submitted on May 7, 2021. The application was deemed complete on May 27, 2021,
APPLICATION OF THE CRITERIA:
Bend Development Code
Chapter 4.9, Annexations
4.9.200 Applicability.
Land to be annexed must be contiguous to the existing City limits.
FINDING: The land to be annexed is contiguous to the existing City limits along the western
and northern boundary.
4.9.300 Review Processes.
A Annexation. The following general processes apply to all annexation
proposals:
1. Annexations are reviewed using the Type III or Type IV process as determined by
the City, based on a consideration of the factors for treating an application as
quasi-judicial or legislative. Since annexations are a jurisdictional transfer, the
City Council is the sole review authority.
2. City Council approval of annexations will be by ordinance.
3. Notice of the City Council hearing to consider the annexation proposal must
follow the notification process required for the Type III or Type IV application,
except a notice of the hearing must be published in a newspaper of general
circulation in the City once each week for two successive weeks prior to the day of
hearing, and notices of the hearing must be posted in four public places in the
City for a like period.
FINDING: The proposed annexation is initiated by all of the property owners for
specific properties, and is therefore considered a quasi-judicial application. Notice for
the City Council Hearing followed the notification process required for Type III
applications, as well the requirements for publishing notice in the newspaper and in
four public places as required under BDC4.9.300.A.3.
On June 30, 2021, notice was mailed by the Planning Division to surrounding owners of record
of property within 500 feet of the subject properties, and to the Old Farm and Southeast Bend
Easton Modification Annexation
PLANX20210483
Page 3 of 12
EXHIBIT B - PAGE 39 OF 48
Neighborhood Association representatives. On July 2, 2021, Notice of Proposed Development
signs were posted by the applicant along the property frontages at four locations, visible from
adjacent rights of way. Notice was also posted in four public places on July 6, 2021, and posted
in The Bulletin on July 11 and July 18, 2021.
B. Area and Master Planning. Unless exempted in subsection (13)(1) of this section,
expansion areas as shown in Figure 4.9.300 will require area and/or master plan
approval prior to or concurrently with annexation. The exemptions to master planning
in BDC Chapter 4.6, Master Planning and Development Alternatives, are not
applicable to properties in the Urbanizable Area (UA) District. Development in
expansion areas must comply with the applicable Bend Comprehensive Plan Specific
Expansion Area Policies in Table 4.9.300.
Table 4.9.300 - Specific Expansion Area Policies
Expansion Area
Bend Comprehensive Plan Specific
Expansion Area Policies
The Elbow
11-93 through 11-104
FINDING: The subject properties are located in the Southeast "Elbow" expansion area. The
planned annexation includes two tax lots, totaling 48 acres, added to the Easton Master Plan,
as well as abutting rights -of --way (approximately 2 acres) not already annexed into the City.
With the addition of 48 acres of new land, Easton will encompass 123.4 contiguous acres within
the Southeast "Elbow" UGB Expansion Area.
The Easton Master Plan was adopted in October 2020 and became effective in November
2020. A concurrent modification to that major community master plan was submitted on May 7,
2021, under PLMOD20210482. On June 28, 2021, the Planning Commission made a
recommendation to the City Council for approval of the modification to the Easton MPD. The
Easton MPD modification is scheduled to be heard by the City Council concurrently with this
annexation request. As addressed in the Planning Commission findings for PLMOD20210482,
the Easton MPD modification complies with Bend Comprehensive Plan Policies 11-93 through
11-104.
4.9.400 Initiation Procedures.
A An annexation proposal for the contiguous territory proposed to be annexed may be
initiated by petition in compliance with one of the following initiation procedures:
3. More than half the owners of land in the contiguous territory proposed to be
annexed, who also own more than half the land in the contiguous territory and of
real property therein representing more than half the assessed value of all real
property in the contiguous territory, consent in writing to the annexation of their
land in the territory and file a statement of their consent with the City.
FINDING: The additional Easton master plan properties are either owned or are under contract
by Pahlisch Homes, Inc., who has initiated this application and all property owners consented in
writing to annexation in compliance with the procedures in A.3.
4.9.500 Submittal Requirements.
A The application must include:
Easton Modification Annexation
PLANX20210483
Page 4 of 12
EXHIBIT B - PAGE 40 OF 48
1. A completed and signed annexation application packet on forms provided by the
City.
2. A petition including the statement of consent, on City forms, completed by
property owners and/or electors residing in the territory that meets the
requirements of BDC 4.9.400, Initiation Procedures.
3. Legal description of the territory including abutting right-of-way to be annexed
and a boundary survey certified by a registered engineer or surveyor.
4. A map showing the territory including abutting right-of-way to be annexed and
properties within 300 feet of the territory.
5. A narrative which addresses the approval criteria in BDC 4.9.600 and the
requirements of BDC 4.9.300(B).
FINDING: The application materials uploaded to CityView for PLANX20210483 contain all of
the above requirements.
6. A letter or other written documentation from the Bend Park and Recreation District
which indicates that the applicant has met with the District to discuss the
proposed annexation, and provided the District an opportunity to reviewthe
annexation area for options to enhance existing parks and trails, and develop new
parks and trails.
FINDING: The Applicant has coordinated with the Bend Park and Recreation District (BPRD)
on the modification to the Easton Master Plan. The properties added to the Master Plan will
create the opportunity for additional future pathway locations and open space. Exhibit F of the
application submittal includes a letter from BPRD acknowledging the ongoing coordination and
communication fur this project. T he requirement- is met.
7. A completed and signed Bend Park and Recreation District annexation agreement,
unless the property(s) to be annexed is already located within the Bend Park and
Recreation District.
FINDING: The subject property is located within the boundaries of the Bend Park and
Recreation District. Therefore, a BPRD annexation agreement is not required.
8. A letter or other written documentation from the Bend -La Pine School District
which indicates that the applicant has met with the District to discuss the
proposed annexation and provided the District an opportunity to review and
comment on the proposed annexation.
FINDING: Exhibit G of the application submittal is a letter from the Bend -La Pine School District
indicating that the approximate 10-acre potential school site can meet their needs for a future
elementary school site and the 48 acre master plan modification does not trigger the need for
additional school sites. The requirement is met.
9. Territorieswith irrigation district water rights or other irrigation district facilities
must include the following:
FINDING: Exhibit M includes correspondence from the Arnold Irrigation District confirming
ongoing coordination with the Applicant and its consultants on the impacts to existing irrigation.
Easton Modification Annexation
PLANX20210483
Page 5 of 12
EXHIBIT B - PAGE 41 OF 48
Only Tax Lot 1400 (10 acres) has existing water rights. The Existing Conditions and Ownership
map shows Arnold Irrigation District facilities crossing the subject property. The applicant and
its consultants have coordinated with Colin Wills, District Manager for Arnold Irrigation District,
and any issues will be resolved prior to platting of the subject property or any construction
which may impact irrigation facilities. Future subdivision applications will further detail existing
irrigation facilities, water rights, and how future construction and subdivision will impact these
existing conditions. The submittal requirement is met.
10. If the City has not yet amended its public facilities and transportation plans for the
affected expansion area, inclusion of an applicant initiated amendment to the relevant
plan(s) or other evidence that the necessary infrastructure planning under Statewide
Planning Goals 11 and 12 will take place prior to or concurrently with annexation.
FINDING: The applicant and City staff have worked to identify the infrastructure necessary to
serve the variety of planned uses within the Easton Master Plan as they are built out over the
next decade and beyond. An Annexation Agreement formalizes the sequencing and financing
mechanisms for needed infrastructure. The Easton Master Plan Modification shows that public
facilities, including sanitary sewer and potable water, are available to serve the project, which is
confirmed by the City Engineering Division's Utility Availability Memo (PRSWA20205999) and
the Avion Water District's Will -Serve Letter, and the Traffic Analysis Memo (PRTF'R202100087).
Ongoing coordination with Bend -La Pine School District and Bend Park and Recreation District
(BPRD) is documented in Exhibits F and G. The Easton Master Plan contemplates how the
abutting portions of the Southeast Expansion Area can be served by existing or planned utilities,
transportation networks, and public services. With the Annexation Agreement, the policy is met.
4.9.600 Approval Criteria.
A. The City Council may approve, or approve with conditions, the proposed annexation
application if all of the following criteria are met:
1. The annexation proposal is consistent with the Bend Comprehensive Plan policies
and plan designations applicable to the territory as determined by the Planning
Director or designee.
FINDING: The planned annexation includes 48 acres of land to be included in the approved
Easton Master Plan (PZ-20-0477). The added property will result a complete community
encompassing 123.4 acres southwest edge of the Southeast "Elbow" UGB Expansion Area,
along with abutting rights -of -way. BCP Policies 11-93 through 11-104 are applicable to the
Southeast "Elbow" Expansion Area. Compliance with these plan policies is addressed and will
be implemented in conjunction with the modification to the Easton Master Plan
(PLMOD20210482). The modified Easton Master Plan will be incorporated into the Bend
Development Code (BDC), and future land use applications will be required to demonstrate
consistency with the Master Plan for approval. The criterion is met.
2. The annexation proposal is consistent with an approved area plan and/or master
plan, unless exempted in BDC 4.9.300(B)(1).
FINDING: The planned annexation includes 48 acres of land located in the Southeast "Elbow"
Expansion Area which will be added to the Easton Master Plan (PZ-20-0477) and annexed into
the City of Bend. The modified boundary of the Easton Master Plan will be incorporated into the
Easton Modification Annexation
PLANX20210483
Page 6 of 12
EXHIBIT B - PAGE 42 OF 48
Bend Development Code (BDC), and future land use applications will be required to
demonstrate consistency with the Master Plan for approval. The Easton Master Plan
modification (PLMOD20210482) is being reviewed concurrently with this annexation.
3. The proposal demonstrates how the annexed territory is capable of being served
by public facilities and services with adequate capacity as determined by the City,
including sanitary sewer collection, domestic water, transportation, schools, and
parks, consistent with the City's adopted public facility plans, transportation
system plan, and applicable district plans, eitheras provided in an applicable area
or master plan or by demonstrating how such public facilities and services will be
provided in an orderly, efficient and timely manner.
FINDING: The applicant and City staff have worked to identify the infrastructure necessary to
serve the variety of planned uses within the Easton Master Plan as they are built out over the
next decade and beyond. An Annexation Agreement formalizes the sequencing and financing
mechanisms for needed infrastructure. The Easton Master Plan Modification shows that public
facilities, including sanitary sewer and potable water, are available to serve the project, which is
confirmed by the City Engineering Division's Utility Availability Memo (PRSWA20205999) and
the Avion Water District's Will -Serve Letter, and the Traffic Analysis Memo
(PRTFR202100087). Ongoing coordination with Bend -La Pine School District and Bend Park
and Recreation District (BPRD) is documented in Exhibits F and G. The Easton Master Plan
contemplates how the abutting portions of the Southeast Expansion Area can be served by
existing or planned utilities, transportation networks, and public services. With the Annexation
Agreement, the policy is met.
4. The proposal demonstrates how public facility and service impacts, including as
applicable: on- and off -site improvements, construction and modernization of
existing infrastructure (water, sewer, stormwater, transportation) to City standards
and specifications, and impacts to existing infrastructure inside the City's current city
limits, will be adequately mitigated through an annexation agreement or other funding
mechanism approved by the City Council prior to annexation. The City will use the
standards and criteria of BDC Chapter 4.7, Transportation Analysis, for analysis and
mitigation of transportation impacts.
FINDING: The applicant and City/Agency staff have worked to identify the infrastructure
necessary to serve the variety of planned uses within the entire Southeast Expansion Area as
they are built out over the next decade. The Easton Master Plan contemplates how the
complete community fits with the expansion area and establishes transportation networks and
utility systems that can be extended to serve future development within the Southeast
Expansion Area. An Annexation Agreement formalizes the sequencing and financing
mechanisms for needed infrastructure. An updated Utility Availability Memo — SWA Certificate
(PRSWA20205999) provided by the City Engineering Division is included as Exhibit H. A "will
serve" letter from Avion Water Company is included in Exhibit J. The Easton Master Plan
(Exhibit C) shows how public facilities, including sanitary sewer and potable water, are available
and planned throughout the project site.
The Transportation Element (Exhibit 1) included with the Easton Master Plan was prepared
by Transight Consulting, LLC, and includes a Transportation Facilities Report, Transportation
Impact Analysis, TPR analysis, and proposed mitigation. Consequently, the Easton Master Plan
Easton Modification Annexation
PL.ANX20210483
Page 7 of 12
EXHIBIT B - PAGE 43 OF 48
shows that public facilities and services will be provided in an orderly efficient and timely
manner. The City's Traffic Analysis Memo (PRTFR202100087) is also included in Exhibit 1. The
criterion is met.
5. Owner(s) have committed to transfer all irrigation district water rights from the
property, unless exempted in subsection (A)(5)(a)(i) of this section.
6. Sufficient evidence acceptable to the City has been provided demonstrating that
the irrigation district had an opportunity to reviewthe layout and design for any
impacts on irrigation district conveyance facilities and to recommend reasonable
protections for such facilities consistent with the irrigation district's adopted rules
and regulations, system improvement plans and/or development policies.
FINDING: Exhibit M includes correspondence from the Arnold Irrigation District confirming
ongoing coordination with the Applicant and its consultants on the impacts to existing irrigation.
Only Tax Lot 1400 (10 acres) has existing water rights. The Existing Conditions and Ownership
map shows Arnold Irrigation District facilities crossing the subject property. The applicant and
its consultants have coordinated with Colin Wills, District Manager for Arnold Irrigation District,
and any issues will be resolved prior to platting of the subject property or any construction
which may impact irrigation facilities. Future subdivision applications will further detail existing
irrigation facilities, water rights, and how future construction and subdivision will impact these
existing conditions. The submittal requirement is met.
7. The proposal demonstrates that approval of the annexation and zoning districts
that implement the underlying Bend Comprehensive Plan map designations is
consistent with the provisions of BDC 4.6.600, Transportation Planning Rule
Compliance.
4.6.600 Transportation Planning Rule Compliance.
When a development application includes a proposed Comprehensive Plan
amendment or annexation, the proposal must be reviewed to determine whether it
significantly affects a transportation facility, in accordance with Oregon
Administrative Rule (OAR) 660-092-0060.
FINDING: OAR 660-012 implements Oregon Statewide Planning Goal 12. Goal 12 imposes a
requirement on local governments to develop, maintain and update transportation plans
consistent with the planning and implementation guidelines of Goal 12. The City's
Comprehensive Plan dictates the land use designations acreages and the master plan proposes
to meet those requirements. However, compliance with the TPR was not addressed at the time of
UGB acknowledgement for the expansion areas, instead being deferred to individual master
plan/annexation applications. This section requires a local government to put in place certain
measures if an amendment would significantly effect a transportation facility.
The TPR requires a two-step analysis. First, under OAR 660-012-0060(1), the Applicant must
determine if the application "significantly affects a transportation facility', as that term is defined in
OAR 660-012-0060(1). If not, then the analysis ends, and the TPR is satisfied. The City may rely
on transportation improvements found in transportation system plans and planned facilities, as
allowed by OAR 660-012-0060(4)(a), (b), and (c), to show that failing intersections are not made
worse or intersections not now failing do not fail, if the application "significantly affects a
transportation facility," then the Applicant must demonstrate appropriate mitigation under OAR
Easton Modification Annexation
P LA NX20210483
Page 8 of 12
EXHIBIT B - PAGE 44 OF 48
660-01 2-0060(2).
660-012-0060 - Plan and Land Use Regulations Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation (including a zoning map) would significantly affect an existing or
planned transportation facility, then the local government must put in place measures as
provided in section (2) of this rule, unless the amendment is allowed under section (3),
(9) or (10) of this rule. A plan or land use regulation amendment significantly affects a
transportation facility if it would.
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection
based on projected conditions measured at the end of the planning period identified in
the adopted TSP. As part of evaluating projected conditions, the amount of traffic
projected to be generated within the area of the amendment may be reduced if the
amendment includes an enforceable, ongoing requirement that would demonstrably
limit traffic generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the significant
effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility such
that it would nc% meet the performance standards identified in the TSP or
comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility that
is otherwise projected to not meet the performance standards identified in the TSP
or comprehensive plan.
(2) If a local government determines that there would be a significant effect, then the
local government must ensure that allowed land uses are consistent with the identified
function, capacity, and performance standards of the facility measured at the end of the
planning period identified in the adopted TSP through one or a combination of the
remedies listed in (a) through (e) below, unless the amendment meets the balancing test
in subsection (2)(e) of this section or qualifies for partial mitigation in section (11) of this
rule.
(d) Providing other measures as a condition of development or through a development
agreement or similar funding method, including, but not limited to, transportation
system management measures or minor transportation improvements. Local
governments shall, as part of the amendment, specify when measures or
improvements provided pursuant to this subsection will be provided.
(e) Providing improvements that would benefit modes other than the significantly
affected mode, improvements to facilities other than the significantly affected facility,
or improvements at other locations, if.
Easton Modification Annexation
PLANX20210483
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EXHIBIT B - PAGE 45 OF 48
(A) The provider of the significantly affected facility provides a written statement
that the system -wide benefits are sufficient to balance the significant effect, even
though the improvements would not result in consistency for all performance
standards;
(B) The providers of facilities being improved at other locations provide written
statements of approval; and
(C) The local jurisdictions where facilities are being improved provide written
statements of approval.
(3) Notwithstanding sections (1) and (2) of this rule, a local government may approve an
amendment that would significantly affect an existing transportation facility without
assuring that the allowed land uses are consistent with the function, capacity and
performance standards of the facility where:
(a) In the absence of the amendment, planned transportation facilities, improvements
and services as set forth in section (4) of this rule would not be adequate to achieve
consistency with the identified function, capacity or performance standard for that
facility by the end of the planning period identified in the adopted TSP;
(b) Development resulting from the amendment will, at a minimum, mitigate the
impacts of the amendment in a manner that avoids further degradation to the
performance of the facility by the time of the development through one or a
combination of transportation improvements or measures;
(r) The an-,endment does not involve property locateu iri an interchange area as
defined in paragraph (4)(d)(C); and
(d) For affected state highways, ODOT provides a written statement that the proposed
funding and timing for the identified mitigation improvements or measures are, at a
minimum, sufficient to avoid further degradation to the performance of the affected
state highway. However, if a local government provides the appropriate ODOTregional
office with written notice of a proposed amendment in a manner that provides ODOT
reasonable opportunity to submit a written statement into the record of the local
government proceeding, and ODOT does not provide a written statement, then the local
government may proceed with applying subsections (a) through (c) of this section.
FINDING: The Transportation Element (Exhibit 1) was prepared by Transight Consulting, LLC,
and includes a Transportation Facilities Report, Transportation Impact Analysis, TPR analysis,
and proposed mitigation. The Traffic Analysis Memo (also Exhibit 1) summarizes the
transportation impacts and recommended mitigation. The Annexation Agreement
(PLANX20210483) will formalize the transportation improvements necessary to mitigate impacts
to, and expand capacity within, the effected transportation facilities, and identities the specific
timing, responsibilities, and cost allocation. For purposes of TPR compliance, through
collaborative efforts between the applicant, ODOT, the City, and Deschutes County, the applicant
is relying on OAR 660-012-0060(2)(e). In particular, the City, County, and ODOT have each
provided written statements of approval that the system -wide benefits provided through the
required mitigation are sufficient to balance the significant effects. The applicable standards are
Easton Modification Annexation
P LANX20210483
Page 10 of 12
EXHIBIT B - PAGE 46 OF 48
met.
(4) Determinations under sections (l)-(3) of this rule shall be coordinated with affected
transportation facility and service providers and other affected local governments.
(a) In determining whether an amendment has a significant effect on an existing or
planned transportation facility under subsection (1)(c) of this rule, local governments
shall rely on existing transportation facilities and services and on the planned
transportation facilities, improvements and services set forth in subsections (b) and (c)
below.
(b) Outside of interstate interchange areas, the following are considered planned
facilities, improvements and services:
(A) Transportation facilities, improvements or services that are funded for
construction or implementation in the Statewide Transportation Improvement
Program or a locally or regionally adopted transportation improvement program or
capital improvement plan or program of a transportation service provider.
(B) Transportation facilities, improvements or services that are authorized in a local
transportation system plan and for which a funding plan or mechanism is in place
or approved, These include, but are not limited to, transportation facilities,
improvements or services for which: transportation systems development charge
revenues are being collected; a local improvement district or reimbursement district
has been established or will be established prior to development; a development
agreement has been adopted; or conditions of approval to fund the improvement
have been adopted.
(C) Transportation facilities, improvements or services in a metropolitan planning
organization (MPO) area that are part of the area's federally -approved, financially
constrained regional transportation system plan.
(D) Improvements to state highways that are included as planned improvements in
a regional or local transportation system plan or comprehensive plan when ODOT
provides a written statement that the improvements are reasonably likely to be
provided by the end of the planning period.
FINDING: This section of the Transportation Planning Rule requires coordination with affected
transportation service providers. The applicant has coordinated with Deschutes County and the
Oregon Department of Transportation (ODOT) regarding the Master Plan and Annexation
application. Deschutes County and ODOT have provided written comments on the application
and appropriate mitigation will be captured in the Annexation Agreement, which ensure
consistency with the provisions of BDC 4.6,600 and satisfies the requirements of OAR 660-012-
0060. There is substantial evidence in the record, including Exhibit I (Transportation Element),
that the system -wide benefits provided through the required mitigation are sufficient to balance
the significant effects as required under OAR 660-012-0060(2)(e). The applicable standards are
met.
Easton Modification Annexation
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EXHIBIT B - PAGE 47 OF 48
BDC 4.9.600.A. Approval Criteria (Continued)
8. The proposal demonstrates how rights -of -way will be improved to urban
standards as determined by the City, including rights -of -way in cherry stem
annexations.
FINDING: The Easton Master Plan Modification (PLMOD20210483) includes specific street
cross -sections showing how all internal and abutting right-of-way will be improved to urban
standards. The street cross -sections and transportation network to serve the annexed property
is included in the master plan modification application and will be codified in the BDC. The
criterion is met.
4.9.700 Zoning of Annexed Areas.
The Bend Comprehensive Plan map provides for the future City zoning classifications of
all property within the City's Urbanizable Area (UA) District. On the date the annexation
becomes effective, the UA District will cease to apply and the zoning map will be
automatically updated with the zoning district that implements the underlying
Comprehensive Plan map designation.
FINDING: Upon annexation, the current UA zoning will cease to apply, and the zoning map will
be automatically updated with the Easton Master Plan zoning scheme as shown on the
submitted Preliminary Zoning Map. Consistency with the underlying Comprehensive Plan map
is fully described in the findings in the Easton Master Plan Modification (PLMOD20210482).
The applicable criteria are met.
Easton Modification Annexation
PLANX20210483
Page 12 of 12
EXHIBIT B - PAGE 48 OF 48
ORDINANCE NO. NS - 2421
AN ORDINANCE ANNEXING APPROXIMATELY 365 ACRES OF LAND
ENCOMPASSING THE "DSL" UGB EXPANSION MASTER PLAN AREA,
FOR THE STEVENS RANCH MASTER PLANNED DEVELOPMENT AND
REQUESTING JURISDICTIONAL TRANSFER OF THE RIGHT OF WAY PER
ORS 373.270.
Findings:
A. Bend Development Code Section 4.9.400A.3 provides for annexation of real
property to the City when 100 percent of the property owners that represent
more than half the assessed value of all real property in the contiguous
territory proposed to be annexed consent to the annexation.
B. The City received an application for annexation of the territory describe in
Exhibit A and shown on Exhibit B (the "Area").
C. One hundred percent of property owners within the Area have filed
statements of consent to this annexation.
D. Public notice for the City Council hearing was provided in accordance with
the requirements of BDC 4.9.300.A.3, and BDC 4.1.423-4.1.425. On August
5, 2021, notice was mailed by the Planning Division to surrounding owners
of record of property within 500 feet of the subject properties, and to the Old
Farm and Larkspur Neighborhood Association representatives. Notice was
also posted in four public places on August 6, 2021, and posted in The
Bulletin on August 8, 2021 and August 15, 2021. On August 6, 2021, Notice
of Proposed Development signs were posted by the applicant along the
property frontages at five locations, no more than 10 feet from adjacent
rights of way.
E. The City Council held a public hearing on August 18, 2021 to receive
evidence and comments on the question of annexation.
F. The Area is contiguous to the City limits of the City of Bend along the west
boundary of the properties within the Area.
G. The applicant and the City have reached agreement on a proposed
Annexation Agreement that sets forth the obligations of the applicant for the
provision of urban infrastructure needed to serve the newly annexed area
and other areas.
Based on these findings, THE CITY OF BEND ORDAINS AS FOLLOWS:
Section 1. The territory containing approximately 365 acres of land as
described in Exhibit A and depicted in Exhibit B, is annexed to the
City of Bend upon the Annexation Agreement (Exhibit C) taking
effect.
EXHIBIT C - PAGE 1 OF 31
Section 2. The City Manager is authorized to execute the Annexation
Agreement (Exhibit C) in the substantially the form presented to
Council.
Section 3. In addition to the findings set forth above, the City Council adopts
and incorporates the findings in Exhibit D.
Section 4. On the date the annexation becomes effective, the UA District will
cease to apply and the zoning map will be automatically updated in
accordance with the Stevens Ranch Master Planned Development
zoning scheme (PLMOD20210316).
First Reading: August 18, 2021
Second reading and adoption by roll call vote: September 1, 2021
YES: Mayor Sally Russell NO: none
Mayor Pro Tern Gena Goodman Campbell
Councilor Barb Campbell
Councilor Melanie Kebler
Councilor Anthony Broadman
Councilor Megan Perkins
Councilor Rita Schenkelberg
Sally Russ ll, Mayor
Attest:
'•• - City Recorder
Approved as to form:
�a_-ry A. Winters, City Attorney
EXHIBIT C - PAGE 2 OF 31
? BOWL
EXHIBIT A
ANNEXATION DESCRIPTION
A TRACT OF LAND LOCATED IN THE NORTHEAST ONE -QUARTER (NE1/4), THE WEST ONE-HALF
OF THE SOUTHEAST ONE -QUARTER (W1/2 SE1/4) AND THE WEST ONE --HALF (W1/2) OF
SECTION 11, TOWNSHIP 18 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN, DESCHUTES
COUNTY OREGON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATTHE WEST ONE -SIXTEENTH CORNER COMMON TO SECTION 2 AND SECTION 11,
TOWNSHIP 18 SOUTH, RANGE 12 EAST, MARKED BY A 2 1/2 INCH ALUMINUM DISC STAMPED
"1/16-1980 - PLS 1020", THENCE SOUTH 89° 26' 37" EAST, ALONG THE NORTH LINE OF SAID
SECTION 11,163.86 FEET TO THE NORTHERLY RIGHT OF WAY OF A.E. STEVENS ROAD (25.00
FEET FROM CENTER LINE) AND A POINT OF NON -TANGENT CURVATURE;
THENCE LEAVING SAID NORTH LINE, ALONG THE NORTHERLY RIGHT OF WAY OF A.E. STEVENS
ROAD, ALONG THE ARC OF A 598.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL
ANGLE OF 19° 16' 26", AN ARC LENGTH OF 201.16 FEET (THE CHORD OF WHICH BEARS NORTH
81° 15' 00" EAST A DISTANCE OF 200.22 FEET) TO A POINT OF TANGENCY;
THENCE SOUTH 89° 06' 47" EAST, CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY,
2312,18 FEET TO A POINT ON THE NORTHEASTERLY PROLONGA T ION OF THE WEST ERL� Y "f.IGI-I T
OF WAY OF A PG&E TRANSMISSION GAS LINE, SAID POINT BEARS NORTH 18° 22' 26" EAST,
19.83 FEET FROM A 2 INCH ALUMINUM DISC STAMPED "BECON";
THENCE SOUTH 18° 22' 26" WEST, ALONG SAID NORTHEASTERLY PROLONGATION AND THE
WESTERLY RIGHT OF WAY OF SAID PG&E TRANSMISSION GAS LINE, 5,557.09 FEET TO A POINT
ON THE NORTHERLY RIGHT OF WAY OF W.J. McGILLVRAY ROAD (20 FEET FROM CENTERLINE),
SAID POINT BEARS NORTH 18° 22' 26" EAST, 21.03 FEET FROM A 2 INCH ALUMINUM DISC
STAMPED "BECON";
THENCE LEAVING THE WESTERLY RIGHT OF WAY OF SAID PG&E TRANSMISSION GAS LINE,
NORTH 890 36' 19" WEST, ALONG THE NORTHERLY RIGHT OF WAY OF W.J. McGILLVRAY ROAD,
979.96 FEET TO THE NORTHERLY RIGHT OF WAY OF FERGUSON ROAD (20 FEET FROM CENTER
LINE);
THENCE LEAVING SAID W.J. McGILLVRAY ROAD RIGHT OF WAY, NORTH 89° 36' 19" WEST,
ALONG THE NORTHERLY RIGHT OF WAY OF FERGUSON ROAD, 1305.79 FEET TO THE EASTERLY
RIGHT OF WAY OF M.W. WILSON ROAD (20 FEET FROM CENTER LINE);
THENCE LEAVING SAID FERGUSON ROAD, NORTH 00° 41' 32" EAST, ALONG THE EASTERLY
RIGHT OF WAY OF M.W. WILSON ROAD, 2629.01. FEET;
541-385-4772 a 800-866-9847 (fax) w 963 SW Simpson Avenue, Suite 200 w Bend, Oregon 97702 w www.dowl.com
Exhibit A
Page 1 of 2
EXHIBIT C - PAGE 3 OF 31
THENCE CONTINUING ALONG THE EASTERLY RIGHT OF WAY OF SAID M.W. WILSON ROAD,
NORTH 000 41` 54" EAST, 1769,49 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF A.E.
STEVENS ROAD (25 FEET FROM CENTERLINE);
THENCE LEAVING THE EASTERLY RIGHT OF WAY M.W. WILSON ROAD, NORTH 600 55' 13" EAST,
ALONG THE SOUTHERLY RIGHT OF WAY OF A.E. STEVENS ROAD, 1497.67 FEET TO A POINT ON
THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF THE NORTHWEST ONE -QUARTER (NE1/4
NW1/4) OF SAID SECTION 11;
THENCE LEAVING THE SOUTHERLY RIGHT OF WAY OF SAID A.E. STEVENS ROAD, NORTH 000 37,
48" EAST, ALONG SAID WEST LINE, 138.90 FEET TO THE NORTH LINE OF SAID SECTION 1.1 AND
THE POINT OF BEGINNING;
HEREIN DESCRIBED TRACT OF LAND CONTAINS 365 ACRES, MORE OR LESS,
BASIS OF BEARINGS IS SOUTH 890 26' 37" EAST BETWEEN THE NORTHWEST CORNER OF
SECTION 11 AND THE WEST ONE -SIXTEENTH CORNER COMMON TO SECTIONS 2 AND 11,
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
DECEMBER 11, 2012
BRIAN C. COURSEN
86998
Renews: 12-31-2021
Exhibit A
Page 2 of 2
EXHIBIT C - PAGE 4 OF 31
LOCATED IN THE NORTHEAST 1/4, WEST 1/2 SOUTHEAST 1/4, AND WEST 1/2, OF
SECTION 11, TOWNSHIP 18 SOUTH, RANGE 12 EAST, WILLAMETTE MERIDIAN,
DESCHUTES COUNTY, OREGON.
1 11-1_W CLIS(._17111
I POINT OFF' BaE L ING�lAY
WEST 1/16 CORNER COMMON NORTHERLY TIEVENSFROAD
TO SECTIONS 2 AND 11 NORTH LINE SECTION 11
REED IMARKET�S89'26'3I7"E 163.86'
ffhAn .. BASIS OF BEARI G5 Ej! I
N00'37'*
135,
EASTERLY RIGHT OF WAY
M.W. WILSON ROAD
C!,
0;
S89'06'47"E i4' f 2312.18'
R=598.00' L=201.16 ,
1 -A-=019'16/26" / J�
=N$%1/ '1 /00"E(
WEST LINE NE1/4 NW1/4 / //
SECTION 11 / ,
2 NORTHERLY RIGHT OF WAY
FERGUSON ROAD
1 �N81305,79'W� % �N 8 ' 9.96'W" /
15
LEGEND
i / i / / 3 AREA TO BE ANNEXED
963 SW Simpson Avenue, 4200
Bend, Oregon 97702
641.385.4772
14
NORTHERLY RIGHT OF WAY
W.J. McGILLVRAY ROAD
ANNEXATION EXHIBIT
STEVENS RANCH
BEND,OREGON
800 0 8c
SCALE IN FEET
REGISTERED
PROFESSIONAL
LAND SURVEYOR
1!" ' (2 --
OREGON
DECEMBER 11, 2012
BRIAN C. COURSEN
86998
RENEWS: 12/31/2021
SIGNED:/
DATE
im
114121
EXHIBIT C - PAGE 5 OF 31
Page 1 of 1
After recording, return to:
STEVEN'S RANCH ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") Is made this P11 day of , 2021
between the City of Bend ("City") and Stevens Ranch, LLC who Is the owner f record of the
property described in Exhibit A and shown on Exhibit B ("Property).
The purposes of this Agreement are:
1. to memorialize the agreement between the parties to annex the Property into the
City;
2, to assign responsibilities among the parties for performance of certain requirements
to develop the Property;
3, to memorialize the Agreement among the parties on the allocation of financial
responsibility for the public facilities and sendces that are necessary to serve the Property; and
4. to guarantee the City's requirements for the provision of urban services to the
Property.
RECITALS
A. Owner intends to develop the Property pursuant to the Bend Comprehensive Plan
(the "BCP"), the Bend Development Code (the "BDC') and a Clty-approved Major Master Plan.
The Property Is within the City's Urban Growth Boundary (UGB) and Is contiguous to the city
limits at 2r Street, Ferguson Road and Reed Market. Therefore, the Property is eligible for
annexation subject to BDC Chapter 4.9.
B, Owner intends to develop the residential components of the Property with a mix of
single family and mulfi-family housing as required by BCP Growth Management Policies for the
subject property (formerly the DSL property). This Agreement is predicated in part on an
understanding between the City and Owner that Owner' anticipated development of the
Property will provide a complete community that accommodates a diverse mix of housing and
employment uses, including the planned large lot industrial site as described in the BCP
Growth Management Policy and the Steven's Ranch Master Plan.
C. The Property consists of approximately 366 acres identified as the DSL Property
Expansion Area that is subject to the requirements and limitations of the BCP Growth
Management Specific Expansion Area Policies, including the requirement that development is
subject to a major community master plan approval under BDC Chapter4.5.
D, The Property is currentlyzoned Urbanizabie Area ("LIA") and is designated Residential
Standard ("RS"), Residential Medium Density ("RM"), Residential High Density ("RH"), General
Commercial ("GC"), Commercial Limited ("CL") and General Industrial ("IG") on the BCP Map
pursuant to the applicable Growth Management Policies of the Bend Comprehensive Plan.
Page 1-STEVEN'S RANCH ANNEXATION AGREEMENT
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EXHIBIT C - PAGE 6 OF 31
E, On March 26, 2021, Ownersubmitted a request to the City forappproval of a Major
Community Master Plan (City File No, PL6PD202'10316) ("Steven's Ranch IVlaster Plan").
F. On June 26, 2021, Owner submitted a request to the City to annex the Property to the
City (City File No. PLANX20210637),
G. Annexation of the Property requires Owner to prove that all criteria under BDC 4.9,600
are met.
H, In order to meet the BDC 4.9.600 criteria and to satisfy the City's conditions for an
affirmative decision to annex the Property, and in exchange for the obligations of the City set forth
in Section 2 of this Agreement, Owner agrees to comply with all requirements imposed in this
Agreement and all other City codes, regulations, and standards applicable to the Property,
including the Steven's Ranch Master Plan, This Agreement is consistent with and Intended to
implement the BCP Growth Management Specific Expansion Area Policies forthe subject property
and other applicable policies of the BCP.
AGREEMENT
Based upon the Recitals, which are Incorporated as part of this Agreement, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, the parties agree as follows.,
1. Obligations of Owner. Consistentwith the above Recitals, Owner agrees to perform
the obligations of this Agreementand complywith and meet all City codes, standards, and
regulations, including and except as modified by the Steven's Ranch Master Plan, All exhibits
attached are conceptual and nothing in this Agreement prohibits refinements to meet City
standards as part of the required development applications.
2. Master Plan Approval, Ownerwill seek approval of a Major Community Master Plan
under BDC Chapter4.5 for the Steven's Ranch Master Plan concurrentwith approval of this
Annexation Agreement, This Agreement will become effective upon authorized signatures of
all parties, approval of the Steven's Ranch Master Plan by the City Council, and expiration of
all applicable appeal periods or when the City's approval of the Master Plan is otherwise final.
3. Water. In order to sere the Property consistent with BCP Growth Management
Specific Expansion Area Policies for the subject property and other applicable policies of the
BCP and the BDC, the water system improvements Identified on Exhibit C will be constructed
by Owner pursuant to the phasing and development schedule set forth In the Steven's Ranch
Master Plan. the property is in the Avion service territory and will be served by Avion water.
4. Sewer. In order to sere the Property consistent with BCP Growth Management
Specific Expansion Area Policies for the subject property and other applicable policies of the
BCP and the BDC, the wastewater collection system improvements identified on Exhibit D will
be constructed pursuant to the phasing and development schedule set forth In the Steven's
Ranch Master Plan.
Page 2-STEVEN'S RANCH ANNEXATION AGREEMENT
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EXHIBIT C - PAGE 7 OF 31
4.1 Wastewater System SDC Credits. Owner and the City acknowledge that
Owner is required to construct certain wastewater collection Infrastructure as more particularly
set forth in the Steven's Ranch Master Plan. Owner has agreed to upsize its gravity sewer
from W to 12", together with a required increased depth, in the area shown on Exhibit D-1 to
serve properties west of 271" Street which are currently in the City limits provided the increased
Improvement costs shown on Exhibit D 2 are eligible for SDC credits at 100%. City agrees to
undertake the necessary amendment to the SDC Project List andfor adopted CIP to include
the Improvements shown on D1, together with the estimated improvement costs shown on D 2
at 100% eligibility to be funded with improvement fee revenue. As of the Effective Date none
of the wastewater collection infrastructure is included on any SDC Project List or adopted
Capital Improvement Program ("CIP") and are therefore currently not eligible for SDC Credits
under Bend Code ("BC")12.10.130. If any of the wastewater collection infrastructure required
under this Agreement and the Steven's Ranch Master Plan are later included on any SDC
Project List or CIP, Owner will be permitted to apply for SDC Credits under BC 12,10.130 for
any such improvements, subject at all times to the requirements of BC Chapter 12.10 in effect
at the time of application.
6. Transportation. In order to serve the Property consistent with BCP Growth
Management Specific Expansion Area Policies for the subject property and other applicable
policies of the BCP and the BDC, together with the Transportation Planning Rule (OAR 660-
012.0050) the transportation system improvements identified on Exhibit E will be constructed
by Owner pursuant to the phasing and development schedule set forth in the Steven's Ranch
Master Plan (the "SDC Projects"). In addition to the SDC Projects, the Steven's Ranch Master
Plan identifies additional on- and off -site transportation projects which are necessary to serve
the Property (the "Non-SDC Projects"). Owner will construct the Non- SDC Projects pursuant
to the phasing and development schedule set forth in the Steven's Ranch Master Plan,
5.1 Transportation SDC Project List. The City will consider an amendment to
the transportation system SDC Project List to include the SDC Projects, together with the
estimated cost of such Improvements and the percentage of such cost eligible to be funded
with improvement fee revenues, as set forth on Exhibit E-1.
5.2 Transportation System SDC Credits. Pursuant to BDC 12.10.130(0), the
transportation system Improvements identified on Exhibit E-1 will be eligible for SDC credits in
the percentages set forth on Exhibit E-1, to the extent the improvements are on the adopted
Transportation SDC Project List. Owner and the City acknowledge that Owner is required to
construct the Non-SDC Projects. As of the Effective Date, the Nan-SDC Projects are not
included on any SDC Project List or adopted CIP. If any of the Non-SDC Projects are later
included on any SDC Project List or CiP, Owner will be permitted to seek SDC Credits under
BDC 12.10.130 for any such Improvements, subject at all times to the requirements of BDC
Chapter 12,10 then In effect.
5.3 Transportation Planning Rule Compliance. The Parties acknowledge that
(I) the construction of the SDC Projects and the Non-SDC Projects will benefit multiple
transportation modes and provide improvements to locations other than the affected facilities;
and (i1) the system -wide benefits are sufficient to balance the significant effects identified in the
Annexation Transportation Impact Analysis (11A), even though the improvements will not result
in consistency for all performance standards. Attached as Exhibits F and G are written
statements of approval from the Oregon Department of Transportation ("ODOT`) and
Deschutes County pursuant to OAR 660- 012-0060(2)(e) acknowledging compliance with the
Page 3-STEVEN'S RANCH ANNEXATION AGREEMENT
(PZ-20-0005)
PDX11261891255108XT ML\31074912.1
EXHIBIT C - PAGE 8 OF 31
Transportation Planning Rule, OAR 660-012-0060,
6,3.1 Owner will mitigate the impacts of the Steven's Ranch Master Plan
development on county transportation facilities through an Improvement Agreement (IA) with
Deschutes County as described in Exhibit G.
5.3.2 Owner will mitigate the impacts of the Steven's Ranch Master Plan
development on state transportation facilities through a Memorandum of Understanding (MOU)
with ODOT as described in Exhibit F.
5.4 DedicatlontAcquisitton of Right of Way. Owner agrees to dedicate fight -
of -way (ROW) under Owner control to the City to accommodate the transportation
improvements described above and described by and shown in the Steven's Ranch Master
Plan (which does not exceed 50 feat from arterial centerlines of M.W. Wilson Road (271,
Street), Stevens Road, and W.J. McGillway Road (Ferguson Road) and 40 feet from collector
centerlines),
6,4,1 Except for the intersection Improvements at Reed Market/271' Street, for
any improvements Identified herein where additional ROW is required beyond the property
boundaries to support regional transportation Improvements identified within the City's
Transportation System Plan, the following process will be applied:
Engineering designs will be reviewed to understand potential options that could
avoid or reduce ROW while maintaining the desired regional roadway alignments
and sections.
Where additional ROW is required, Ownerwiil make a good -faith effort to privately
obtain the additional ROW the acquisition ofwhich will be 100% SDC
reimbursable/credi table.
If these efforts prove unsuccessful, as a last resort, the City will consider ROW
condemnation proceedings. In the event the City considers and/or Initiates ROW
condemnation proceedings, Owner will be solely responsible for any and all fees
and costs associated with the proceedings, including but not limited to any attorneys
fees and/or costs whether payable to a third party orto outside counsel retained at
the City's discretion, which will be 100% SDC reimbursable/creditable.
6.4.2 Intersection improvements at Reed Market/270' Street could include either
an expanded traffic signal or a multl-lane roundabout,
Where additional ROW Is identified that does not impact structures, the developer
will make a good -faith effort to privately obtain the additional right-of-way at fair
market value, the acquisition of which will be 100% SDC reimbursable/creditable, If
these efforts prove unsuccessful; the City will support this process with ROW
condemnation proceedings
Where additional ROW is Identified that Impacts structures, the City of Send will
Initiate all negotiations and obtain the right-of-way, If the City initiates negotiations
and obtains right-of-way, the negotiations and acquisition will occur on the City's
schedule based on availability of City resources, at the City's discretion.
Any costs associated with utility relocations will be SDC reimbursable/creditable at
the rate identified for the specific Improvement.
Page 4-STEVEN'S RANCH ANNEXATION AGREEMENT
(PZ-20-0005)
PDX112618912S5 tO8tTML13 €074912, t
EXHIBIT C - PAGE 9 OF 31
5,5 Affordable Housing Incentive. To encourage the development of an affordable
housing project on the Property, the parties agree any residential housing project (up to a total of
200 units, creating 88 PM peak hour trips) meeting the definition of affordable housing in the City's
Comprehensive: Plan will be excepted from the trip trigger of 627 pm peak hour trips for the 271
Street/Ferguson Road intersection Improvement, All other mitigations shall account for any trips
associated with an Affordable Housing Project,
6. Stormwater. Unless otherwise approved and consistent with the Steven's Ranch
Master Plan, Owner will hold all stormwater on site and develop the Property consistent with all
City requirements, Owner will complete all on -site stormwater requirements as required by the
Steven's Ranch Master Plan approval and all subsequent development applications (e.g., site plan
review, subdivision).
Obligations of the City. Consistent with the above recitals, the City agrees to:
7.1 Process the application for annexing the Property into the City Limits,
7,2 Conduct a timely review of and issue a decision on the Steven's Crossing Master
Plan applications,
7.3 The City acknowledges that the value of the right-of-way to be dedicated by
Owner exceeds the value of right-of-way to be vacated In connection with the relocation of Steven's
Road. Accordingly, the City does not anticipate recommending that paymentwill be required as a
condition of any future vacation In connection with Stevens Road. This expectation does not extend
to normally applicable application and processing fees, utility relocation costs, or other costs that
will bathe responsibility of Owneror third parties, all ofwhich will be allocated in the normal
fashion.
7,4 Owner acknowledges that the City cannot prospectively agree to any specific
outcomes.
8. Covenants Running with the Land. It is the intention of the parties thatthe terms and
obligations of this Agreement are necessary for the annexation and development of the Property
and as such will run with the Property and will be binding upon the heirs, executors, assigns,
administrators, and successors of the parties and are construed to be a benefit and burden upon
the Property. This Agreement must be recorded with the Deschutes County Recorder upon
execution. Execution and recording of this agreement are preconditions to the annexation of
the Property Into the City. These covenants will expire for each portion of the Property upon
recording of a trial plat for that portion of the Property under the Steven's Crossing Master
Plan. The parties will execute and record any document necessary to release such covenants
at the time of recording of the final plat.
9. Limitations on Development. Owner agrees that no portion of the Property may
be developed prior to the City's final approval of the Steven's Ranch Master Plan and
Annexation, Development of the Property under the Steven's Ranch Master Plan will be
subject to additional land use and permit approval as provided In the BDC.
10, Mutual Cooperation. The City and Owner will endeavor to cooperate with each
other in implementing the terms of this Agreement.
Page 6-STEV5N'S RANCH ANNEXATION AGREEMENT
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PDM l261025510ATMM31074912.1
EXHIBIT C - PAGE 10 OF 31
11. Modification of Agreement. This Agreement may be modified only in writing upon
mutual agreement of all parties,
12. land Use Approval. Nothing in this Agreement is to be construed as waiving any
requirements of the Send Code, Bend Development Code or Bend Comprehensive Plan
provisions which may be applicable to the use and development of the Property. Nothing In
this Agreement is to be construed as the City providing or agreeing to provide approval of any
building, land use, or other development application or grading permit application.
13. Exactions. Owner knows and understands its rights under Dolan v, City of Tigard
and its progeny. By entering into this Agreement, Owner waives any requirement that the City
demonstrate that the public improvements and other obligations imposed on Owner in this
Agreement or the Steven's Ranch Master Plan are roughly proportional to the burden and
demands placed upon the urban facilities and services by the development of the Property.
Owner acknowledges that the requirements and obligations of Owner, including but not limited
to the required public Improvements, are roughly proportional to the burden and demands on
urban facilities and services that will result from development of the Property.
14, Invalidity. If any provision of this Agreement is deemed unenforceable or invalid,
such enforceability or Invalidity will not affect the enforceability or validity of any other provision
of this Agreement.
16. State Law. The validity, meaning, enforceability and effect of this Agreement and
the rights and liabilities of the parties shall be determined in accordance with the laws of the
State of Oregon,
16. Effective Date, This Agreement will become effective upon authorized signatures
by all parties, approval of the Steven's Ranch Master Plan by the City Council, and expiration
of all applicable appeal periods or when the City's approval of the Master Plan is otherwise
final,
[Signature Page to Follow]
Page 6-STEVEN'S RANCH ANNEXATION AGREEMENT
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PDX112610255 10ATMW I0749 f 2. i
EXHIBIT C - PAGE 11 OF 31
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above. .
STATE OF OREGON )
County of Deschutes
This instrument was acknowledged before me on
Managing Manager of Stevens Ranch, LLC
CljyOF BEND: /
Eric King, City Mangor
STATE OF OREGON
2021, by Gary Miller,
rioters I
Los
• ` Commimi
My Comm. E
Notary Public for Oregon
County of Deschutes ) I
This instrument was acknowledged before me on _ " ! , 2021, by Eric King as City
Manager of the City of Bend.
Notary ublic for Oregon
PDx\I2618912551081TML" 1074912.1
Q ICIAL.9TAMP
KAYLA MARIN V00Y
NOTARY PUBLIC�OREGON
OOMMI$SION NO. MOW
MY CQM 4188ION EXPIRES NOVEMBER 26, 20
Y COMM
Page 7-STEVEN'S RANCH ANNEXATION AGREEMENT
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PDM 12618912551081TMW [074912.1
No.
26, 2021
EXHIBIT C - PAGE 12 OF 31
EVEN KIM
iblic - Cal lforn14 x
geles County s
lion 11 2294193
pines Jul 18, 2023
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the Identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness accuracy, or validity of that document.
State of California
County of Los Angeles
On August 26, 2021 before me, Steven Kim, Notary Public personally appeared
GARY MILLER, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct,
WITNESS my hand and official seal. 190
STEVEN KIM
Notary Public - Cauf Los Angeles County
>
Commission ry 2294193
Signature (Seal) My Comm, Expires Jul 18,2023
EXHIBIT C - PAGE 13 OF 31
EXHIBIT D
FINDINGS FOR
STEVENS RANCH ANNEXATION
PROJECT NUMBER: PLANX20210637
HEARING DATE: August 18, 2021 COMMUNITY
DEVELOPMENT
APPLICANT/ Stevens Ranch LLC.
OWNER: 721 S. Brea Canyon Rd., Ste. 7
Diamond Bar, California 91789
LOCATION: No situs address — east of 27th Street, south of Reed Market Road; Bend
Urban Growth Boundary Expansion Area, DSL Property Subarea; tax lot
200 of Deschutes County Assessor Map 18-12-11
REQUEST: A Type III Quasi-judicial request for Annexation of 365 acres of the DSL
UGB Expansion Area for the Stevens Ranch Master Planned
Development.
APPLICABLE CRITERIA, STANDARDS, AND PROCEDURES:
Criteria
Bend DevelopmentCode
Chapter 4.9 Annexations
Bend Comprehensive Plan
Chapter 7, Transportation Systems
Chapter 11, Growth Management
Oregon Administrative Rules
Chapter 660-012-0000, Transportation Planning
Procedures
Bend Development Code
Chapter 4.1 Development Review and Procedures
4.1.400 Type 11 and Type III Applications
4.1.800 Quasi -Judicial Hearings
FINDINGS OF FACT:
1. SITE DESCRIPTION AND LOCATION: The Stevens Ranch Annexation encompasses 365
acres of the "DSL Property" subarea of the 2016 Urban Growth Boundary (UGB) Expansion
Area. The site is comprised of a single tax lot, tax lot 200 of Deschutes County Assessor Map
18-12-11, with an address of 21425 Stevens Road in Bend. The property is bounded by
Stevens Road (future minor arterial) to the north, SE 27th Street (minor arterial) to the west,
vacant State land and the TransCanada pipeline easement to the east, and the Humane
Society of Central Oregon and Deschutes County facilities including Knott Landfill to the south
as well as the future extension of Ferguson Road (future arterial) to the south.
EXHIBIT C - PAGE 14 OF 31
2. ZONING: The properties are within the UGB and are currently zoned Urbanizable Area (UA).
The property in DSL UGB Expansion Master Plan Area is designated Residential Urban
Standard Density (RS), Residential Urban Medium Density (RM), Residential Urban High
Density (RH), and Commercial General (CG).
3. PROPOSAL: A Type III Quasi-judicial request for Annexation of 365 acres of the DSL UGB
Expansion Area for the Stevens Ranch Master Planned Development,
4. PUBLIC NOTICE AND COMMENTS: Prior to submittal of this application and related
applications, the applicants hosted a public meeting on January 12, 2021, in accordance with
BDC 4.1.215. Public notice for the City Council hearing was provided in accordance with the
requirements of BDC 4.9.300.A.3, and BDC 4.1.423-4.1.425. On August 5, 2021, the
Planning Division mailed notice to surrounding owners of record of property within 400 feet of
the subject properties, and to the Larkspur, Old Farm and Southeast Bend Neighborhood
Association representatives. Notice was also posted in four public places on August 6, 2021,
and posted in The Bulletin on August 8 and 15, 2021. On August 6, 2021, Notice of Proposed
Development signs were posted by the applicant along the property frontages at five
locations, visible from adjacent rights of way.
5. APPLICATION ACCEPTANCE DATE: This Type III Quasi-judicial Annexation petition was
submitted on June 25, 2021. The application was deemed complete on July 9, 2021 when
the application fee was paid.
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EXHIBIT C - PAGE 15 OF 31
Existing Comprehensive Plan Designations
Note: The Stevens Ranch Master Plan includes planned changes to the location and
configurations of the Comprehensive Plan Map designations. However, the area of each
Plan Map designation inside the Master Plan Boundary is within 1 % of the areas listed in the
Bend Comprehensive Plan Policies 11-85 and 11-86. Therefore, the expansion area will
retain the same total area of all plan designations contemplated when it was brought inside
the UGB.
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EXHIBIT C - PAGE 16 OF 31
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Stevens Ranch Annexation
PLANX20210637
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Proposed Stevens Ranch Master Plan _—Conceptual Right -of -Way
Conceptual Shared -Use Path
Conceptual Sanitary Sewer MnlrAlne
EXHIBIT C - PAGE 17 OF 31
APPLICATION OF THE CRITERIA:
Bend Development Code
Chapter 4.9, Annexations
4.9.200 Applicability.
Land to be annexed must be contiguous to the existing City limits.
FINDING: The land to be annexed is contiguous to the existing City limits along the western
boundary.
4.9.300 Review Processes.
A. Annexation. The following general processes apply to all annexation
proposals:
1. Annexations are reviewed using the Type III or Type IV process as determined by
the City, based on a consideration of the factors for treating an application as
quasi-judicial or legislative. Since annexations area jurisdictional transfer, the
City Council is the sole review authority.
2. City Council approval of annexations will be by ordinance.
3. Notice of the City Council hearing to consider the annexation proposal must
follow the notification process required for the Type III or Type IV application,
except a notice of the hearing must be published in a newspaper of general
circulation in the City once each week for two successive weeks prior to the day of
hearing, and notices of the hearing must be posted in four public places in the
City for a like period.
FINDING: The proposed annexation is initiated by the sole property owner, and is
therefore considered a quasi-judicial application. Notice for the City Council Hearing
followed the notification process required for Type III applications, as well the
requirements for publishing notice in the newspaper and in four public places as
required under BDC4.9.300.A.3.
On August 5, 2020, notice was mailed by the Planning Division to surrounding owners of record
of property within 400 feet of the subject properties, and to the Old Farm, Southeast Bend, and
Larkspur Neighborhood Association representatives and to those who submitted comments
prior to the hearing before the Planning Commission for the Stevens Ranch Master Plan
(PLSPD20210316). On August 6, 2021, Notice of Proposed Development signs were posted by
the applicant along the property frontages at five locations, visible from adjacent rights of way.
Notice was also posted in four public places on August 6, 2021, and posted in The Bulletin on
August 8 and 15, 2021.
B. Area and Master Planning. Unless exempted in subsection (13)(1) of this section,
expansion areas as shown in Figure 4.9.300 will require area and/or master plan
approval prior to or concurrently with annexation. The exemptions to master planning
in BDC Chapter 4.6, Master Planning and Development Alternatives, are not
applicable to properties in the Urbanizable Area (UA) District. Development in
expansion areas must comply with the applicable Bend Comprehensive Plan Specific
Expansion Area Policies in Table 4.9.300.
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EXHIBIT C - PAGE 18 OF 31
Table 4.9.300 - Specific Expansion Area Policies
Expansion Area
Bend Comprehensive Plan Specific
Expansion Area Policies
DSL Property
11-83 through 11-92
FINDING: The subject property is located in the DSL expansion area. A major community
master plan in accordance with BDC Chapter 4.5 was submitted on March 25, 2021, under
PLSPD20210316. On July 12, 2021, the Planning Commission made a recommendation to the
City Council for approval of the Stevens Ranch Master Plan Development (MPD). The Stevens
Ranch MPD is scheduled to be heard by the City Council concurrently with this annexation
request. As addressed in the Planning Commission findings for PLSPD20210316, the Stevens
Ranch MPD complies with Bend Comprehensive Plan Policies 11-83 through 11-92.
4.9.400 Initiation Procedures.
A An annexation proposal for the contiguous territory proposed to be annexed may be
initiated by petition in compliance with one of the following initiation procedures:
3. More than half the owners of land in the contiguous territory proposed to be
annexed, who also own more than half the land in the contiguous territory and of
real property therein representing more than half the assessed value of all real
property in the contiguous territory, consent in writing to the annexation of their
land in the territory and file a statement of their consent with the City.
FINDING: The Stevens Ranch master plan property is owned by Stevens Ranch, LLC, who has
initiated this application and consented in writing to annexation in compliance with the
procedures in A.3.
4.9.500 Submittal Requirements.
A The application must include:
1. A completed and signed annexation application packet on forms provided by the
City.
2. A petition including the statement of consent, on City forms, completed by
property owners and/or electors residing in the territory that meets the
requirements of BDC 4.9.400, Initiation Procedures.
3. Legal description of the territory including abutting right-of-way to be annexed
and a boundary survey certified by a registered engineer or surveyor.
4. A map showing the territory including abutting right-of-way to be annexed and
properties within 300 feet of the territory.
5. A narrative which addresses the approval criteria in BDC 4.9.600 and the
requirements of BDC 4.9.300(B).
FINDING: The application materials uploaded to CityView for PLANX20210637 contain all of
the above requirements.
6. A letter or other written documentation from the Bend Park and Recreation District
which indicates that the applicant has met with the District to discuss the
proposed annexation, and provided the District an opportunity to reviewthe
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EXHIBIT C - PAGE 19 OF 31
annexation area for options to enhance existing parks and trails, and develop new
parks and trails.
FINDING. The applicant and BPRD have been in close coordination on the provision of parks
and trails within the Stevens Ranch site, as described further and acknowledged in the provided
letter from BPRD (Exhibit E of the application). BPRD's 2018 Comprehensive Plan identifies a
neighborhood park within the site, as well as two trails. The Stevens Ranch Master Plan
provides two conceptual park areas and a network of trails and shared -use paths to assist
BPRD in implementing their 2018 Comprehensive Plan. This requirement is met.
7. A completed and signed Bend Park and Recreation District annexation agreement,
unless the property(s) to be annexed is already located within the Bend Park and
Recreation District.
FINDING: The applicant's petition to annex the Stevens Ranch site into the BPRD service area
has been accepted by the County. A hearing was held on June 16, 2021, and the annexation
was tentatively approved, as noted in the provided letter from BPRD (Exhibit F). The annexation
was subsequently recorded on June 29, 2021 under No. 2021-39024. This requirement is met.
8. A letter or other written documentation from the Bend -La Pine School District
which indicates that the applicant has met with the District to discuss the
proposed annexation and provided the District an opportunity to review and
comment on the proposed annexation.
FINDING: BCP Policy 11-88 requires coordination with BLPS to identify a suitable site for a
future elementary school within the Stevens Ranch site. The applicant and BLPS have closely
coordinated to determine a site suitable for the school district's needs, as described further and
acknowledged in the provided letter from BLPS (Exhibit D). The Stevens Ranch Master Plan
provides a potential elementary school site to meet this requirement. This requirement is met.
9. Territories with irrigation district water rights or other irrigation district facilities
must include the following:
FINDING: The Stevens Ranch site does not hold any appurtenant water rights. The COID main
canal crosses the far northwest corner of the site; however, this portion of the site is already
within the City limits and is not included with this annexation request. The location of the COID
main canal is identified on the submitted existing conditions map (Exhibit C). The applicant and
COID have closely coordinated on the design of the Stevens Ranch Master Plan, including the
proposed sanitary sewer crossing of the COID main canal, as described further and
acknowledged in the provided correspondence from COID (Exhibit K). This requirement is met.
10, If the City has not yet amended its public facilities and transportation plans for the
affected expansion area, inclusion of an applicant initiated amendment to the relevant
plan(s) or other evidence that the necessary infrastructure planning under Statewide
Planning Goals 11 and 12 will take place prior to or concurrently with annexation.
FINDING: The applicant and City staff have closely coordinated to identify necessary
infrastructure improvements to serve the Stevens Ranch site and the planned land uses. The
sequencing and financing mechanisms for the necessary infrastructure improvements are
outlined in and will be formalized with the annexation agreement between the applicant and the
City. The Stevens Ranch Master Plan (PLSPD20210316) demonstrates how public facilities,
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EXHIBIT C - PAGE 20 OF 31
including sanitary sewer and potable water, are available and planned throughout the master
plan area.
Consistent with the Stevens Ranch Master Plan, the land area to be annexed includes a site for
a future elementary school to meet BLPS requirements, as well as two conceptual park areas
and a network of trails and shared -use paths to assist BPRD in implementing their 2018
Comprehensive Plan. Ongoing coordination between the applicant and BLPS and BPRD is
described further and acknowledged in Exhibits D and E, respectively.
The transportation element (Exhibit I), included with the Stevens Ranch Master Plan application,
includes a transportation facilities report, transportation impact analysis, TPR analysis, and
proposed mitigation measures. The traffic analysis memo (Exhibit H) summarizes the anticipated
transportation impacts and mitigation recommended to compensate for these impacts.
The Stevens Ranch Master Plan, in conjunction with the annexation agreement, demonstrates
that the necessary infrastructure planning required by Statewide Planning Goals 11 and 12 has
occurred and construction of these necessary facilities will occur concurrently with the site's
future development. This requirement is met.
4.9.600 Approval Criteria.
A. The City Council may approve, or approve with conditions, the proposed annexation
application if all of the following criteria are met:
1. The annexation proposal is consistent with the Bend Comprehensive Plan policies
and plan designations applicable to the territory as determined by the Planning
Director or designee.
FINDING: The proposed annexation includes the Stevens Ranch site and adjacent rights -of -
way, consisting of approximately 365 acres. As identified on Figure 4.9.300 of the Bend
Development Code, the Stevens Ranch site (DSL Property) is subject to the master planning
process and BCP Policies 11-82 through 11-92. The applicant has submitted a Major
Community Master Plan application for the proposed Stevens Ranch Master Plan
(PLSPD20210316), which demonstrates compliance with these policies. The Stevens Ranch
Master Plan will be incorporated into BDC 2.7 as a master plan, and future land use
applications will be required to demonstrate compliance with the master plan overlay code for
approval. Further, findings of compliance with applicable annexation policies (11-59 through 11-
68) are presented below. This criterion is met.
Chapter 11 Growth Management
Annexation Policies
11-59 Annexations will follow the procedural requirements of state law.
FINDING: This annexation application for the Stevens Ranch site is submitted consistent with
the City's identified procedures, which implement the procedural requirements as set by State
law.
11-60 Annexations will be consistent with the Comprehensive Plan and applicable
annexation procedures and approval criteria.
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FINDING: Conformance with applicable Comprehensive Plan policies, annexation procedures,
and approval criteria is demonstrated in the findings of this document. This policy is met.
11-61 Requests for annexation must demonstrate how the annexed land is capable of
being served by urban services for sanitary sewer collection, domestic water,
transportation, schools and parks, consistent with applicable district facility plans and
the City's adopted public facility plans.
FINDING: The applicant and City staff have closely coordinated closely to identify necessary
infrastructure improvements to serve the Stevens Ranch site and the planned land uses. The
sequencing and financing mechanisms for the necessary infrastructure improvements are
outlined in the annexation agreement between the applicant and the City. The Stevens Ranch
Master Plan (PLSPD20210316) demonstrates how public facilities, including sanitary sewer and
potable water, are available and planned throughout the master plan area.
Consistent with the Stevens Ranch Master Plan, the land area to be annexed includes a site for
a future elementary school to meet BLPS requirements, as well as two conceptual park areas
and a network of trails and shared -use paths to assist BPRD in implementing their 2018
Comprehensive Plan. Ongoing coordination between the applicant and BLPS and BPRD is
described further and acknowledged in Exhibits D and E, respectively.
The transportation element of the Stevens Ranch Master Plan (Exhibit 1) includes a
transportation facilities report, transportation impact analysis, TPR analysis, and proposed
mitigation measures. Further, the City Engineering Division has provided a utility availability
memo (Exhibit G) and traffic analysis memo (Exhibit H), which further identify necessary
mitigation measures. A will serve letter from Avion Water Company is also included with Exhibit
J. Therefore, the Stevens Ranch Master Plan demonstrates that public facilities and services
will be provided in an orderly, efficient, and timely manner, and that proposed impacts will be
mitigated. This policy is met.
11-62 Annexations will be consistent with an approved Area Plan where applicable. The
Area Plan may be reviewed and approved concurrent with an annexation application.
FINDING: As shown on Figure 4.9.300, the Stevens Ranch site (DSL Property) is subject to the
master planning process per BDC 4.5 and is, therefore, not within an approved area plan and is
not subject to specific area plan policies. Therefore, this plan policy is not applicable because
there is no approved area plan for the Stevens Ranch site.
11-63 The City may, where appropriate in a specific area, allow annexation and require
area planning prior to development approval.
FINDING: This annexation request is for the Stevens Ranch site, which is identified as the DSL
Property on Figure 4.9.300. This annexation request includes approximately 365 acres, which
includes the majority of tax lot 1812110000200, and portions of public rights -of -way adjacent to
the site. The applicant has submitted a Major Community Master Plan application for the site
(PLSPD20210316), which is currently under review by the City and was deemed complete on
May 27, 2021. Therefore, this plan policy is not applicable because area planning for the site is
occurring concurrent with the processing of this annexation request.
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EXHIBIT C - PAGE 22 OF 31
11-64 Land to be annexed must be contiguous to the existing City limits unless the
property owners requesting annexation show and the City Council finds that a "cherry -
stem" annexation will both satisfy a public need and provide a public benefit.
FINDING: The land proposed for annexation abuts the City limits on portions of its western,
southern, and northern boundaries, and is therefore contiguous to the existing City limits. A
"cherry -stem" annexation is not proposed. This policy is met.
11-65 Compliance with specific expansion area policies and/or Area Plans will be
implemented through masterplan approval orbinding annexation agreement that will
control subsequent development approvals.
FINDING: The applicant has submitted a Major Community Master Plan application for the site
(PLSPD20210316), which is currently under review by the City and was deemed complete on
May 27, 2021. Compliance with BCP Policies 11-82 through 11-92 is demonstrated in the
applicant's Major Community Master Plan application and will be implemented in conjunction
with the Stevens Ranch Master Plan. The Stevens Ranch Master Plan will be incorporated into
BDC 2.7 as a master plan, and future land use applications will be required to demonstrate
compliance with the master plan overlay code for their approval. This policy is met.
11-66 Existing rural infrastructure systems and urban systems (water, sewer,
transportation, stormwater) serving annexed areas maybe required to be modernized
and constructed to the City's standards and specifications, as determined by the City.
FINDING: The applicant and City staff have closely coordinated to identify necessary
infrastructure improvements to serve the Stevens Ranch site and the planned land uses. The
sequencing and financing mechanisms for the necessary infrastructure improvements are
outlined in and will be formalized with the annexation agreement between the applicant and the
City. The Stevens Ranch Master Plan (PLSPD20210316) demonstrates how public facilities,
including sanitary sewer and potable water, are available and planned throughout the master
plan area. Future land division applications, site plan review applications, and site infrastructure
permits will include site -specific analysis to ensure adequate infrastructure systems are
constructed per applicable City standards. This policy is met.
11-67 The City may consider funding mechanisms and agreements to address on- and
off site improvements, modernization of existing infrastructure to the City's standards
and specifications, and impacts to infrastructure inside the current City limits.
FINDING: The applicant and City staff have coordinated closely to identify necessary
infrastructure improvements to serve the Stevens Ranch site and the planned land uses. The
sequencing and financing mechanisms for the necessary infrastructure improvements are
outlined in and will be formalized with the annexation agreement between the applicant and the
City. This policy is met.
11-68 Properties over 20 acres (including adjacent property in common ownership)
(shown on Figure 11-7) are subject to master plan requirements unless they are part of
an adopted area plan. When properties are over 20 acres (including adjacent property in
common ownership) and are part of an approved area plan they are subject to the master
plan approval criteria.
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EXHIBIT C - PAGE 23 OF 31
FINDING: This annexation request is for the Stevens Ranch site, which is identified as the DSL
Property on Figure 4.9.300. This annexation request includes approximately 365 acres, which
includes the majority of tax lot 1812110000200, and portions of public rights -of -way adjacent to
the site. The applicant has submitted a Major Community Master Plan application for the site
(PLSPD20210316), which is currently under review by the City and was deemed complete on
May 27, 2021. The annexation and master plan applications will be heard concurrently by the
City Council for a final decision.
4.9.600 Approval Criteria. (continued)
2. The annexation proposal is consistent with an approved area plan and/or master
plan, unless exempted in BDC 4.9.300(B)(1).
FINDING: The proposed annexation includes the Stevens Ranch site and adjacent rights -of -
way, consisting of approximately 365 acres. As identified on Figure 4.9.300, the Stevens Ranch
site (DSL Property) is subject to the master planning process and BCP Policies 11-82 through
11-92. The applicant has submitted a Major Community Master Plan application for the
proposed Stevens Ranch Master Plan (PLSPD20210316), which demonstrates compliance with
these policies. The Stevens Ranch Master Plan will be incorporated into BDC 2.7 as a master
plan, and future land use applications will be required to demonstrate compliance with the
master plan overlay code for their approval. The Major Community Master Plan application for
the Stevens Ranch site was deemed complete on May 27, 2021. A public hearing was held
before the Bend Planning Commission on July 12, 2021. The annexation and master plan
applications will be heard concurrently by the City Council for a final decision. This criterion is
met.
3, The proposal demonstrates how the annexed territory is capable of being served
by public facilities and services with adequate capacity as determined by the City,
including sanitary sewer collection, domestic water, transportation, schools, and
parks, consistent with the City's adopted public facility plans, transportation
system plan, and applicable district plans, either as provided in an applicable area
or master plan or by demonstrating how such public facilities and services will be
provided in an orderly, efficient and timely manner.
FINDING: The applicant and City staff have closely coordinated to identify necessary
infrastructure improvements to serve the Stevens Ranch site and the planned land uses. The
sequencing and financing mechanisms for the necessary infrastructure improvements are
outlined in and will be formalized with the annexation agreement between the applicant and the
City. The Stevens Ranch Master Plan (PLSPD20210316) demonstrates how public facilities,
including sanitary sewer and potable water, are available and planned throughout the master
plan area.
Consistent with the Stevens Ranch Master Plan, the land area to be annexed includes a site for
a future elementary school to meet BLPS requirements, as well as two conceptual park areas
and a network of trails and shared -use paths to assist BPRD in implementing their 2018
Comprehensive Plan. Ongoing coordination between the applicant and BLPS and BPRD is
described further and acknowledged in Exhibits D and E, respectively.
The transportation element (Exhibit 1), included with the Stevens Ranch Master Plan
application, includes a transportation facilities report, transportation impact analysis, TPR
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EXHIBIT C - PAGE 24 OF 31
analysis, and proposed mitigation measures. The traffic analysis memo (Exhibit H) summarizes
the anticipated transportation impacts and mitigation recommended to compensate for these
impacts.
Therefore, the Stevens Ranch Master Plan demonstrates that public facilities and services will
be provided in an orderly, efficient, and timely manner. This criterion is met.
4. The proposal demonstrates how public facility and service impacts, including as
applicable: on- and off -site improvements, construction and modernization of
existing infrastructure (water, sewer, stormwater, transportation) to City standards
and specifications, and impacts to existing infrastructure inside the City's current city
limits, will be adequately mitigated through an annexation agreement or other funding
mechanism approved by the City Council prior to annexation. The City will use the
standards and criteria of BDC Chapter 4.7, Transportation Analysis, for analysis and
mitigation of transportation impacts.
FINDING: The applicant and City staff have closely coordinated to identify necessary
infrastructure improvements to serve the Stevens Ranch site and the planned land uses. The
sequencing and financing mechanisms for the necessary infrastructure improvements are
outlined in and will be formalized with the annexation agreement between the applicant and the
City. The Stevens Ranch Master Plan (PLSPD20210316) demonstrates how public facilities,
including sanitary sewer and potable water, are available and planned throughout the master
plan area.
The transportation element (Exhibit 1), included with the Stevens Ranch Master Plan
application, includes a transportation facilities report, transportation impact analysis, TPR
analysis, and proposed mitigation measures. Further, the City Engineering Division has
provided a utility availability memo (Exhibit G) and traffic analysis memo (Exhibit H), which
further identifies necessary mitigation measures. A will serve letter from Avion Water Company
is also included with Exhibit J. Therefore, the Stevens Ranch Master Plan demonstrates that
public facilities and services will be provided in an orderly, efficient, and timely manner, and that
proposed impacts will be mitigated. This criterion is met.
6. Owner(s) have committed to transfer all irrigation district water rights from the
property, unless exempted in subsection (A)(6)(a)(i) of this section.
FINDING: The Stevens Ranch site (tax lot 1812110000200) does not hold any irrigation district
water rights. This criterion does not apply.
6. Sufficient evidence acceptable to the City has been provided demonstrating that
the irrigation district had an opportunity to reviewthe layout and design for any
impacts on irrigation district conveyance facilities and to recommend reasonable
protections for such facilities consistent with the irrigation district's adopted rules
and regulations, system improvement plans and/or development policies.
FINDING: The COID main canal crosses the far northwest corner of the site; however, this
portion of the site is already within the City limits and is not included with this annexation
request. The location of the COID main canal is identified on the submitted existing conditions
map (Exhibit C). The applicant and COID have closely coordinated on the design of the
Stevens Ranch Master Plan, including the proposed sanitary sewer crossing of the COID main
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EXHIBIT C - PAGE 25 OF 31
canal, as described further and acknowledged in the attached correspondence from COID
(Exhibit K). This criterion is met.
7. The proposal demonstrates that approval of the annexation and zoning districts
that implement the underlying Bend Comprehensive Plan map designations is
consistent with the provisions of BDC 4.6.600, Transportation Planning Rule
Compliance.
4.6.600 Transportation Planning Rule Compliance.
When a development application includes a proposed Comprehensive Plan
amendment or annexation, the proposal must be reviewed to determine whether it
significantly affects a transportation facility, in accordance with Oregon
Administrative Rule (OAR) 660-012-0060.
FINDING: The Stevens Ranch site was identified within the City's 2016 UGB expansion for
mixed -use development and a large -lot industrial site, with specific acreages for each planned
zoning designation as identified within the Chapter 11 (Growth Management) of the City's
Comprehensive Plan. During this UGB expansion process, the City used a comparative
analysis process to assess the transportation system needs, which relied on provisions within
the TPR to defer compliance until the master planning process. The City then prepared a
revised Transportation System Plan (TSP) that accounts for development of all UGB expansion
area lands, including the Stevens Ranch site. As a result, the City's adopted Comprehensive
Plan, Utility Infrastructure Plans, and 2020 TSP already account for the development of this
site, as does the analysis that was prepared for the adjacent Southeast Area Plan (SEAP)
lands, which includes an overlapping study area. Nonetheless, the future development of the
Stevens Ranch site as contemplated in the City's Comprehensive Plan will have effects on
adjacent transportation facilities, as identified in the City's TSP and the SEAP analysis.
Therefore, compliance with OAR 660-012-0060(2) is necessary.
660-012-0060 - Plan and Land Use Regulations Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation (including a zoning map) would significantly affect an existing or
planned transportation facility, then the local government must put in place measures as
provided in section (2) of this rule, unless the amendment is allowed under section (3),
(9) or (10) of this rule. A plan or land use regulation amendment significantly affects a
transportation facility if it would.
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection
based on projected conditions measured at the end of the planning period identified in
the adopted TSP. As part of evaluating projected conditions, the amount of traffic
projected to be generated within the area of the amendment maybe reduced if the
amendment includes an enforceable, ongoing requirement that would demonstrably
limit traffic generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the significant
effect of the amendment.
r
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(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility such
that it would not meet the performance standards identified in the TSP or
comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility that
is otherwise projected to not meet the performance standards identified in the TSP
or comprehensive plan.
(2) Jf a local government determines that there would be a significant effect, then the
local government must ensure that allowed land uses are consistent with the identified
function, capacity, and performance standards of the facility measured at the end of the
planning period identified in the adopted TSP through one or a combination of the
remedies listed in (a) through (e) below, unless the amendment meets the balancing test
in subsection (2)(e) of this section or qualifies for partial mitigation in section (11) of this
rule.
(d) Providing other measures as a condition of development or through a development
agreement or similar funding method, including, but not limited to, transportation
system management measures or minor transportation improvements. Local
governments shall, as part of the amendment, specify when measures or
improvements provided pursuant to this subsection will be provided.
(e) Providing improvements that would benefit modes other than the significantly
affected mode, improvements to facilities other than the significantly affected facility,
or improvements at other locations, if.
(A) The provider of the significantly affected facility provides a written statement
that the system -wide benefits are sufficient to balance the significant effect, even
though the improvements would not result in consistency for all performance
standards;
(B) The providers of facilities being improved at other locations provide written
statements of approval; and
(C) The local jurisdictions where facilities are being improved provide written
statements of approval.
FINDING: OAR 660-012 implements Oregon Statewide Planning Goal 12. Goal 12 imposes a
requirement on local governments to develop, maintain and update transportation plans
consistent with the planning and implementation guidelines of Goal 12. The City's
Comprehensive Plan dictates the minimum number of units to be developed within the DSt.
expansion area, and the master plan proposes to meet those requirements. However,
compliance with the TPR was not addressed at the time of UGB acknowledgement for the
expansion areas, instead being deferred to individual master plan/annexation applications.
This section requires a local government to put in place certain measures if an amendment
would significantly effect a transportation facility.
The transportation element of the Stevens Ranch Master Plan (Exhibit 1), prepared by Transight
Consulting, includes a transportation facilities report, transportation impact analysis, TPR
Stevens Ranch Annexation
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EXHIBIT C - PAGE 27 OF 31
analysis, and proposed mitigation measures. The traffic analysis memo (Exhibit H) summarizes
the anticipated transportation impacts and mitigation recommended to address these impacts.
The annexation agreement formalizes the transportation improvements necessary to mitigate
impacts to, and expand capacity within, the affected transportation facilities, and identifies the
specific timing, responsibilities, and cost allocation associated with traffic mitigation. Through
collaborative efforts between the applicant, the City, the County, and ODOT, the applicant is
relying on OAR 660-012-0060(2)(e) to comply with the TPR.
As described within the transportation element, this is met with proposed improvements to
Stevens Road, SE Ferguson Road, and SE 27th Street, which will benefit multiple transportation
modes and provide improvements to locations other than the affected facilities. As stated in the
transportation element, the systemwide benefits provided with the Stevens Ranch Master Plan
are sufficient to balance the significant effects identified in the City's TSP, as well as those
identified in the analysis that was prepared for the SEAP lands. The applicable standards are
met.
(4) Determinations under sections (1)--(3) of this rule shall be coordinated with affected
transportation facility and service providers and other affected local governments.
(b) Outside of interstate interchange areas, the following are considered planned
facilities, improvements and services:
(A) Transportation facilities, improvements or services that are funded for
construction or implementation in the Statewide Transportation Improvement
Program or a locally or regionally adopted transportation improvement program or
capital improvement plan or program of a transportation service provider.
(Dj Transportation facilities, irnpr ovements or services that are authorized in a local
transportation system plan and for which a funding plan or mechanism is in place
or approved These include, but are not limited to, transportation facilities,
improvements or services for which: transportation systems development charge
revenues are being collected; a local improvement district or reimbursement district
has been established or will be established prior to development, a development
agreement has been adopted; or conditions of approval to fund the improvement
have been adopted.
(C) Transportation facilities, improvements or services in a metropolitan planning
organization (MPO) area that are part of the area's federally -approved, financially
constrained regional transportation system plan.
(D) Improvements to state highways that are included as planned improvements in a
regional or local transportation system plan or comprehensive plan when ODOT
provides a written statement that the improvements are reasonably likely to be
provided by the end of the planning period.
(E) Improvements to regional and local roads, streets or other transportation
facilities or services that are included as planned improvements in a regional or
local transportation system plan or comprehensive plan when the local
government(s) or transportation service provider(s) responsible for the facility,
improvement or service provides a written statement that the facility, improvement
or service is reasonably likely to be provided by the end of the planning period.
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EXHIBIT C - PAGE 28 OF 31
(c) Within interstate interchange areas, the improvements included in (b)(A)-(C) are
considered planned facilities, improvements and services, except where:
(A) ODOT provides a written statement that the proposed funding and timing of
mitigation measures are sufficient to avoid a significant adverse impact on the
Interstate Highway system, then local governments may also rely on the
improvements identified in paragraphs (b)(D) and (E) of this section; or
(B) There is an adopted interchange area management plan, then local governments
may also rely on the improvements identified in that plan and which are also
identified in paragraphs (b)(D) and (E) of this section.
(d) As used in this section and section (3):
(A) Planned interchange means new interchanges and relocation of existing
interchanges that are authorized in an adopted transportation system plan or
comprehensive plan;
(B) Interstate highway means lnterstates 5, 82, 84, 105, 205 and 405; and
(C) Interstate interchange area means:
(i) Property within one -quarter mile of the ramp terminal intersection of an
existing or planned interchange on an Interstate Highway; or
(h) The interchange area as defined in the Interchange Area Management Plan
adopted as an amendment to the Oregon Highway Plan.
Forpurposevc of this section, a t ritten statement provided pursuant to paragraphs
(b)(D), (b)(E) or (c)(A) provided by ODOT, a local government or transportation facility
provider, as appropriate, shall be conclusive in determining whether a transportation
facility, improvement or service is a planned transportation facility, improvement or
service. In the absence of a written statement, a local government can only rely upon
planned transportation facilities, improvements and services identified in paragraphs
(b)(A)-(C) to determine whether there is a significant effect that requires application of
the remedies in section (2).
FINDING: This section of the Transportation Planning Rule requires coordination with affected
transportation service providers. The applicant has coordinated the transportation studies,
including discussions regarding necessary mitigation measures with ODOT and Deschutes
County. ODOT submitted a letter to the City outlining the required mitigation payments to be
made to ODOT and the commitment of those payments to improvements to the U.S. 20
corridor. This mitigation letter is included as an attachment to the annexation agreement
(Exhibit F of the Annexation Agreement), which will ensure consistency with the provisions of
BDC 4.6.600 and compliance with the requirements of OAR 660-012-0060. Similarly,
Deschutes County has submitted documentation (included as an attachment to the annexation
agreement) that it agrees with the following condition of approval on this annexation:
Condition of Approval: The applicant, prior to approval of the final plat which wilt result in the
generation of the 9, 756t" weekday p.m. peak hour trip, shall have entered into an Improvement
Agreement with Deschutes County for the construction of a southbound right turn lane and an
eastbound left turn lane at the Stevens Ward/Ward Road intersection, as described and
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EXHIBIT C - PAGE 29 OF 31
supported by the March 8, 2021 supplemental traffic memo submitted with application
PLANX20290637.
The applicable coordination requirements have been met and TPR compliance will be met with
the formal adoption of the annexation agreement. The proposed mitigation as specified above
is captured in the Annexation Agreement, which will ensure consistency with the provisions of
BDC 4.6.600, Transportation Planning Rule Compliance, and satisfies the requirements of OAR
660-012-0060.
BDC 4.9.600.A. Approval Criteria (Continued)
8. The proposal demonstrates how rights -of -way will be improved to urban
standards as determined by the City, including rights -of -way in cherry stem
annexations.
FINDING: The Stevens Ranch Master Plan (PLSPD20210316) includes specific street cross -
sections showing how all internal and abutting rights -of -way will be improved to urban
standards. The annexation agreement further demonstrates how rights -of -way will be improved
to the applicable City standard. This criterion is met.
4.9.700 Zoning of Annexed Areas.
The Bend Comprehensive Plan map provides for the future City zoning classifications of
all property within the City's Urbanizable Area (UA) District. On the date the annexation
becomes effective, the UA District will cease to apply and the zoning map will be
automatically updated with the Zoning district that implements the underlying
Comprehensive Plan map designation.
FINDING: while the Stevens Ranch Master Plan proposes to rearrange the locations of the
placeholder Comprehensive Plan Map designations, it does so while meeting the requirements
of the applicable BCP policies for the DSL Property. As provided by BDC 4.5.200(D)(3)(a), the
proposed master plan must retain the same total area of all plan designations within one
percent of the same total acreage and maintain the density/housing numbers consistent with
the prescribed allocations. The Stevens Ranch Master Plan maintains commercial and
industrial plan designations within one percent of those prescribed by BCP Policy 11-85.
Further, the applicant has elected to meet the alternative language of BCP Policy 11-86 for
residential designations, and is planning to provide 1,710 total residential units, which exceeds
the minimum requirement of 1,000 units. Table 2 below further demonstrates how the Stevens
Ranch Master Plan is meeting BCP Policies 11-85 and 11-86.
Upon annexation, the current UA zoning will cease to apply, and the zoning map will be
automatically updated with the Stevens Ranch Master Plan zoning scheme that implements the
applicable Comprehensive Plan Map designation and policies. The applicable criteria are met.
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EXHIBIT C - PAGE 30 OF 31
Table 2
8C9 Requirement
Requirement' :
Proposed: with Stevens Ranch
Multifamily, Duplex/Triplex Units
At least 41%
41% (701 units planned)
Single-family Attached
At least 11%
21% (486 units planned)
Single-family Detached
No more than 48%
38% (650 units planned)
Total Housing Units
1,000
1,710 total units planned
Commercial Designations
46 acres (gross)
46 acres (approx.)
Industrial Designations
93 acres (gross)
93 acres (approx.)
Parks and Open Space
At least 10%
11.6% planned
RECOMMENDATION: Staff recommends approval of the Type ill annexation application with
the following condition of approval, which, if the condition is met, will satisfy all of the applicable
criteria:
Condition of Approval: The applicant, prior to approval of the final plat which will result in the
generation of the 1,756rh weekday p.m. peak hour trip, shall have entered into an Improvement
Agreement with Deschutes County for the construction of a southbound right turn lane and an
eastbound left turn lane at the Stevens WardlWard Road intersection, as described and
supported by the March 8, 2021 supplemental traffic memo submitted with application
F1_r11 V^2 V2 l VVJ7.
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EXHIBIT C - PAGE 31 OF 31
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
NOTICE OF JURISDICTIONAL TRANSFER HEARING
NOTICE IS NEARBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS
WILL HOLD A PUBLIC HEARING ON WEDNESDAY, OCTOBER 20, 2021, AT 9:00 A.M. IN
THE BARNES AND SAWYER ROOMS OF THE DESCHUTES SERVICES CENTER, 1300 NW
WALL STREET, BEND, OREGON ON THE PROPOSED JURISDICTIONAL TRANSFER
DESCRIBED BELOW. ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD.
The proposed jurisdictional transfer includes transfer of the following portions of road to
the City of Bend:
The portions of Knott Road and Tekampe Road within the Easton Master
Plannned Development Area in the City of Bend.
The portion of Stevens Road within the Stevens Ranch Master Planned
Development Area in the City of Bend.
Persons interested in obtaining more detailed information may contact the Deschutes
County Road Department, 61150 SE 27th Street, Bend, Oregon 97701, Phone: (541) 388-6581,
Email: road (a0eschutes.orq.
cities.
ORS 373.270 provides authority for transferring jurisdiction over county roads within
EXHIBIT D - PAGE 1 OF 1
A ES
BOARD OF
COMMISSIONERS
MEETING DATE: Wednesday, September 29, 2021
SUBJECT: Consideration of Resolution No. 2021-070, Setting a Public Hearing for the
Surrender of jurisdiction of Portions of Knott Rd, Tekampe Rd, and Stevens Rd to
the City of Bend
RECOMMENDED MOTION:
Move approval of Resolution No. 2021-070.
BACKGROUND AND POLICY IMPLICATIONS:
With Bend Ordinances No. NS-2416 and NS-2421, the City of Bend has annexed and
requested jurisdiction of portions of Knott Road, Tekampe Road, and Stevens Road.
Resolution No. 2021-070 will set a public hearing for the matter to occur during the
Wednesday, October 20, 2021 Board of County Commissioners meeting.
BUDGET IMPACTS:
jurisdictional transfer of the subject road segments will remove approximately 0.74 mile of
road from the County road inventory. This will result in a very minimal reduction to the
Department's operation and maintenance expenditures.
ATTENDANCE:
Cody Smith, County Engineer (REQUEST CONSENT AGENDA)