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2021-416-Order No. 2021-046 Recorded 10/22/2021REVI WED LEGAL COUNSEL Recorded in Deschutes County Steve Dennison, County Clerk Commissioners' Journal TES CcGy 2021-416 CJ2021-416 10/22/2021 11:07:39 AM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Surrendering the Jurisdiction of Portions of Knott Road, Tekampe Road, and Stevens Road to the City of Bend, Oregon Pursuant to ORS 373.270. ORDER NO. 2021-046 WHEREAS, the portions of Knott Road, Tekampe Road, and Stevens Road depicted 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 City 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, a public hearing was held by the Board of County Commissioners 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, to determine whether jurisdiction over the County roads shown in Exhibit "A" will be surrendered to the City of Bend; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. That it is in the public interest to surrender jurisdiction of those roads shown in Exhibit "A" to City. Section 2. That effective as of 12:00 AM, October 21, 2021, the Board of County Commissioners hereby surrenders jurisdiction of those roads shown in Exhibit "A" to the City of Bend. Section 3. From and after 12:00 AM, October 21, 2021, those roads shown in Exhibit "A" shall be under the jurisdiction of the City of Bend. PAGE 1 OF 2- ORDER No. 2021-046 Dated this day of O , 2021. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair PHIL CHANG, Vice air LT: Recording Secretary PATTI ADAIR, Commissioner PAGE 2 OF 2- ORDER No. 2021-046 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 City Knott Road SW1/4 of the SW1/4 of Sec. 15, T18S, 1 1271 (Ordinance S-2416) N R12E, W.M. Tekampe Knott Road to 149.93 ft. south of the Requested by City Road South Line of Sec. 15, T18S, R12E, 2 120 (Ordinance NS-2416) W.M. West Line of the NE1/4 of the NW1/4 Stevens of Sec. 11, T18S, R12E, W.M. to 3 2513 Requested by City 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 ,x .cam • ■ 4, ■ 9 ■ 71 • a r • <n m = ■ 5 � o w • rn ■ x .3 ■ ■ ■ ■ • KNOTTRD • Ism .■■■..■■■..■.■■■■..■■■•�■s■■.■.■p••�y■■■■■..■■.■./�■.■■.■.■■■.■■Is..I a Y CALI ti PI i1U R7TA >.L ^'- v -: Iry Ll.Ln I`L a REED MARKEI RD <� AnTHIW CT I.ANCFI Cl AVE x W cn. LEGEND ■ ■i ■ Bend City Limits Road to be Transferred ■ ■ f*+n><n Park. ■ ■ ■ ■ ■ ■ s r ■ ■ ■ ■ •■ a • • • 1 1 1 • 1 1 1 1 1 • 01,vTES (-0& o DEPARTMENT 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 Attest: Mayor Sally Russell NO Councilor Barb Campbell Councilor Melanie Kebler Councilor Anthony Broadman Councilor Megan Perkins Sally Russ 11, Mayor Robyn Christie, City Recorder Approved as to form: MaryzA.-:tlViniters,-City Attorney none ABSTAIN: Schenkelberg EXHIBIT B - PAGE 2 OF 48 AKS ENGINEERING & FORESTRY, LLC 2777 NW Lolo Drlve, Suite 150, Bend,AK3 OR 97703 P: (541) 317-8429 1 www.aks-eng.com ENGINF"ING& FORETMy OFFICES IN: BEND, OR - KEIZER, OR - TUAiATIN, OR - VANCOUVER, WA EXHIBIT A (Annexation Tax Lot 1400, Tax Map 18 12 15CD) Page 1 of 1 AKS Job #7326-01 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, lO3/61/';�0,7-t REGISTERED PROFESSIONAL LAND SURVEYOR JACOB O. 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 Lu uj W it F© PARCEL 1 QUITCLAIM DEED LOT 7 INSTRUMENT NUMBER 2008-32160 d w� Ld— Lo Lo LOT 6 NW1 /4 OF THE SE1 /4 OF THE SWI /4 �o RA/NTNEE" BLOCK > W � OF SECTION 15 N g'� AREA = 10,00 ACRES f LOT 5 l } 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). 101I 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 ✓ (i MAP OF ANNEXATION EXHIBIT OREGON MARCH 8, 2016 B JACOB D. POWELL AKS ENGINEERING & FORESTRY, LLC OR* JDP 90744PL5 2777 NW LOLO DR, STE 150 cHKO; JAC RENEWS, 12/31/2022 BEND, OR 97703 AAK AKS JOB: 541,317.8429 WWW.AKS-ENG.COM =3 7326-01 EXHIBIT B - PAGE 4 OF 48 A� 9NGINEERING & FORMnY AKS ENGINEERING & FORESTRY, LLC 2777 NW Lob Drive, Suite 150, Bend, OR 97703 P: (541) 317-8429 l www,aks-engxom 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 00°16'58" 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 72°30'52" West 14.12 feet; thence on a 756.00 foot radius curve to the left, an are distance of 41.99 feet, through a central angle of 3°10'S7", 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 7596 feet; thence along a 36.00 foot radius curve to the left, an are distance of 18.08 feet, through a central angle of 28°46'08", and a chord of South 34°51' 19" West 17.89 feet to the cast 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 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 00016' 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 °4038" 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°49'48" 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' l 1" 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 (COCS), Deschutes 13 Transformation, Derived from the Oregon Real -Tune GNSS Network (ORGN). The above described tract of land contains 40.05 acres, more or less. o3%Uy1AC)a REGISTERED PROFESSIONAL LAND SURVEYOR OREGON MIARCN Ss 2016 JAC08 0. POWELL 20744PLS RENEWS: 12 39 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, MM., DESCHUTES COUNTY, OREGON BARGAIN AND SALE DEED 1 N89'S42 INSTRUMENT NUMBER 2020-2MI6 I 4'"E 1278.46' 40.00' WARRANTY DEED J1 INSTRUMENT NUMBER 1991-09140 50.00' AREA = 40.05 ACRES t PREPARED FOR M CITY OF BEND M 709 NW WALL ST., SUITE 100 BEND, OR 97703 0 BASIS OF BEARINGS z BEARINGS FOR THIS MAP ARE W BASED ON THE CENTRAL LU OREGON COORDINATE SYSTEM ccI (COCS), DESCHUTES 13 TRANSFORMATION, DERIVED FROM THE OREGON REAL-TIME GNSS NETWORK F=-1 (ORGN). o N00'16'58'E 29.93' n SW COR SECTION 15 S89'59'31"E 39.75' N89'37'I1'E 212.02' I 1 N61'19'26"1Y 12.59' I o C7 L=15.63' o S88'49'48"W 75.54' C6 L-27.33' C5 L=86.80' 1 RADIAL S74'15'45"W N89'39'10"W 9.7.7' N0016'58"E 27.75' 30.00' D�3 C�c/�61t 2. w REGISTERED Q PROFESSIONAL LAND SURVEYOR 0 ul F- OREGON MARCH 8, 2016 JACOB D, POWELL 90744PLS RENEWS:12/34 2022 40,00' 6 40.00' POINT OF BEGINNING NE COR OF THE SWI/4 OF THE SWI/4 OF SECTION 15 CURVE TABLE CURVE RADIUS CENTRAL LENGTH CHORD Cl 30.00' 2713'54" 14.26' S72'30'52"W 1412' 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.OD' 28'46'08' 18.08' S34'51'19"W 17.89' C5 156,01' 31'52'46" NAG' N31'40'38'W 85,69' C6 35.95' 43'3311" 27.33' N6923'36"W 26.67' C7 30.00' 29'50'46- 15.6S N76'14'49'W 15.45' a o SE COR OF THE SWi/4 OF• THE SWI/4 OF SECTION 15 ADf L N31'D6i D - KNOTT ROAD N89'59'31"W 485.32' N89'59'31"W 651.16' CI L=14.26' o S00'16'58"W 10.00' I o -C2 L=41,99' -C3 L=77.07' -C4 L=18,08' -SO016'58"W 56.32' -N89'43'02"W 70.00' SCALE: 1"= 250 FEET 250 0 50 125 250 MAP OF ANNEXATION AKS ENGINEERING & FORESTRY, LLO 2777 NW LOLO DR, STE 150 BEND, OR 97703 541.317,8429 WWW.AKS-ENG.COM M N SOO'21'29"W 30.00' I=1 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 LM2021 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 15t" 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 Urbanizable 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. I. 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. {01081860;3) 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 Specific 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 P11 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 {01081880;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 f01081860;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: Daniel Pahlisch, President Pahlisch Homes, Inc., an Oregon corporation State of Oregon } ) County of Deschutes ) This instrument was acknowledged before me on 2- , 2021, by Daniel Pahlisch, President of Pahlisch Homes, Inc., an Oregon borporation, on behalf of the corporation. OFFICIAL STAMP SARA KATHLEEN MORRIS 1 NOTARY PUBLIC-OREGON COMMISSION NO, 991089 MY COMMISSION EXPIRES SEPTEMBER S. 20M CITY OF BEND s` 1 4cK ng, Git nager STATE OF OREGON ) County of Deschutes ) This instrument was acknowledged before me City Manager of the City of Bend. OFRCIAL.S..TAMP KAYiJ, MA-RifiQUVQ-, NOTARY t>zt1WAJ REGW C,QMMISSIOhdl�lOa. 'I.Q h YGC1MM15SlONEXPI♦ F-S,N(DVt $ER[26,,2 Notary Public foi Oregon A, 2021, by Eric King as Oregon {01081860;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. hate of Oregon ) County of Deschutes ) This instrument was acknowledged before me on N- 5, s -� 1 4"1- , 2021, by Josele F. Ward, as President of the J.L. Ward Co., an Oregon corporation, on behalf of the corporation. OFFICIAL SiAMP Notary Public for Oregon BRONTE BAYLISS .k J NOTARY PUBLIC•OREGON COMMISSION NO,101360 MY COMMISSION EXPIRES JUNE 16, 2025 (01081850;31 Page 7 of 29 - EASTON SOUTH ANNEXATION AGREEMENT (PLMOD20210109) EXHIBIT B - PAGE 15 OF 48 EXHIBIT B Legal Description of Property {01081866;3} Page 8 of 29 — EASTON SOUTH ANNEXATION AGREEMENT (PLMOD20210109) EXHIBIT B - PAGE 16 OF 48 Page 1 of 1 AK3AKS ENGINEERING & FORESTRY,LLC 2777 NW Loll Drive, Suite 150, Bend, OR 97703 AKS Job J►7326-01 R: (541) 317-8429 ( www.aks-eng.com ENGINKMNG & FbRemwr OFFICES IN: KENO, OR - KEIZER, OR - TUAI.ATIN, 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. U 7' aEc)MrEREo PROFESSIONAL LAND SURVEYOR f�2 EXHIBIT B - PAGE 17 OF 48 A AM ENGINEERING & FORESTRY AKS ENGINEERING & FORESTRY, LLC 2777 NW Loto Drive, Suite 150, Bend, OR 97703 P; (541) 317-8429 1 www.aks-engxom OFFICES IN: BEND, OR - KEIZER, OR - TUALATIN, OR - VANCOUVER, WA Page 1 of 2 AKS Job #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 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 00°16'58" 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°1.3'54", and a chord of South 72°30'52" 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 are distance of 18.08 feet, through a central angle of 28°46'08", and a chord of South 34°51' 19" West 17.89 feet to the east right-of-way line of Tekampe Road (40.00 feet from centerline); thence along said cast 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 right-of-way line of said road (30.00 feet frorn 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 arc 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°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 of 29°50'46", and a chord of North 7611449" 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 Teltampe 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 night -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 (COCS), 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. 0 7//Lj f A02 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' Ill1 SW 1/16 C-E-SW 1/64 uj uj LOT 8 Z_ p d PARCEL 1 QUITCLAIM DEED LOT 7 a a INSTRUMENT NUMBER 2008-32160 j w a' co 0) ca a ' `D � 'RA/NiREE" LOT 6 z T NW1 /4 OF THE SE1 /4 OF THE SW1 /4 N 9L06/( ail OF SECTION 15 V AREA = 10.00 ACRES f LOT 5 PARCEL 2 QUITCLAIM DEED INSTRUMENT NUMBER 2008-32160 C-S-SW 1/64 64 S89'59'09"W 657.53' SE -SW 1 / 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), 071 /`vla` o i REGISTERED PROFESSIONAL LAND SURVEYOR OREGON MARCH 8, 2016 JACOB D. POWELL 90744PLS RENEWS:12/31/2022 I01I STATUTORY WARRANTY DEED 1017-41850 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 2777 NW LOLO DR, STE 150 BEND, OR 97703 541,317.8429 WWW.AKS-ENG.COM ri AKS JOB: 7326-01 LAriltil I t5 - F'/_\utz L -I VI' 1+0 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 BARGAIN AND SALE DEED I INSTRUMENT NUMBER 2020-25816 N89'54'42"E 1276.46` 40.00, J WARRANTY DEED I INSTRUMENT NUMBER 1991-09140 50.00' I AREA = 40.05 ACRES PREPARED FOR I q CITY OF BEND M 709 NW WALL ST., SUITE 100 BEND, OR 97703 Q, M Q Q BASIS OF BEARINGS �? BEARINGS FOR THIS MAP ARE W1 BASED ON THE CENTRAL uj OREGON COORDINATE SYSTEM cc (COCS), DESCHUTES 13 TRANSFORMATION, DERIVED = 1 FROM THE OREGON REAL-TIME GNSS NETWORK (ORGN). v- W toI o NOG'16'58"E 29.93, SW COR SECTION 15 I S69'S9'31"E 39.75' N89'37'11"E 212.02' N6t'i9'26"W 12,59' I o C7 L=15.63' S88'49'48"W 75.54' C6 L=27.33' C5 L=86.80' 1 RADIAL S74'15'45"W N89'39'10"W 9.77' N00'16'58'E 27.75' 30.00' / a2v z W a REOIS7ERED Q PROFESSIONAL O LAND SURVEYOR W cc 40,00' POINT OF BEGINNING NE CDR OF THE SWI/4 OF THE SWI/4 OF SECTION 15 CURVE TABLE CURVE RADIUS CENTRAL ANGLE LENGTH CHORD Cl 30.00' 27'13'54" 14.26' S72'30'52'W 14.12' C2 756.00' 310'57' 41.99' S8432'21'W 41.99' 03 131.00' 3342'29" 77,07' S605'37"W 75.96' C4 3600' 28'46'08" 18.00' S34'51'19"W 17.89' C5 156,01' 31'52'46" 86.80' N31'40'38'W 85.69' C6 35,95' 43'33'11" 27.33' N69'23'36"W 26.67' 07 30,00' 29'50'46" 15,63' N76'14'49'W 15.45' o SE COR OF THE SWI /4 OF - THE SWI/4 OF SECTION 15 -RADIAL, N31'06'05'W -I-- - KNOTT ROAD - ----'- N89'59'31'W 485,32' N89'S9'31"W 651,16' C! L=l4,26' S00'I6'S8"W 10.00' o C2 L=41.99' M C3 �L=71.07' N C4 L=1sAr il � S00'16'58"W 56.32' 40,OD' N89'4SO2"W 70.00' SCALE. 1 "= 250 FEET 250 0 50 125 250 30.00, MAP OF ANNEXATION C MARCH 8O2016 AKS ENGINEERING & FORESTRY, LLC DRWN: _OP JACOB D. POWELL 2777 NW LOLO OR, STE 150 CHKD: JAC 90744PLS BEND, OR 97703 AAK AxS JOB; RENEWS:12/31 2022 541.317.8429 WMAKS-ENG.COM 7326-01 EXHIBIT B - PAGE 22 OF 48 EXHIBIT D-1 (A thru G) Transportation System Improvements {01081860:3) Page 10 of 29 — EASTON SOUTH ANNEXATION AGREEMENT (PLMOD20210109) EXHIBIT B - PAGE 23 OF 48 MINOR ■ ■ ■ � �� 11/111//1■ � ' �::O��C : rJ 11 1 IIIIi ■ t■�: #//11 IIIIEIII � i 1/IOIEI/E/� � ■f■�� � ■� � 111 � � iI1 1111/11/■ ■ � ! j �� = ■ /1 NNII/i i� 111 I II11 � � i110 /IIi fI� � Illlllifill a C ■E 11/11■ ■ "' � �1111111� �■ ■! E 11111/Ei ! IINN/E/IIi i 1 �''` �1�/1/EIIi11i ■ ■N NI/ NIIi ■ ff .Elf/##�1/Ei ■ il1l� E#/ i 1111111# ■ m /#######�■ � p IIIIN� ■ 1�###■1#!##■ rii 1 1 ■i � i�##/1E1!!i# T7T1-1 7777!� SEE EXHIBIT DI(C) SEE EXHIBIT D1(D) SEE EXHIBIT D1(B) DATE: 7/7/2021 EASTON MASTER PLAN & ANNEXATION EXHIBIT SCALE: 1 "=1000 FEET OFFSITE IMPROVEMENTS KEY PLAN p'( ,A` AKS ENGINEERING & FORESTRY, LLC oRwN: MM laoo 0 200 500 laao 2777 NW LOLO DR, STE 150 cFIK�: ORIGINAL PAGE SIZE: 8.5 x 11" BEND, OR 97703 AKS Joe: 541.317.8429 WWW.AKS—ENG.COM 7326-01 EXHIBIT B - PAVE 24 OF 48 133a15 H19G 3S E� t W O `D I LL LJ Z N � � ¢ m C W W Z V7 L,l _ I co C�l I W j CD �0:: W Q (WOd 3dlNVA31 N r. Ld Q J o Cp I� d d F- zz ow iw 8wcc zLL a� zLU ti z0 Ui LL da Lj N o p d N �O Z c�o� z q W�le 0 a w--j�rn l33 Z _ j d ZZdr"� �f W d- �C EXHIBIT B - PAGE 25 OF 48 r SINGLE -LANE ASPFAL T R (3l OABOUT I SE CALDERA DRIVE MOLT! -USE PATH PER PZ-20-0477 II I H i I I 1 w Lu LIr F- I I I I SEE EXHIBIT D1(D) If it DATE: 7/7/2021 EASTON MASTER PLAN & ANNEXATION EXHIBIT SCALE: 1 200 FEET SE CAL.DERA ROAD/SE 15TH STREET ROUNDABOUT Q'J C AKS ENGINEERING & FORESTRY, LLC DRWN: MM 200 0 40 100 200 2777 NW LOW DR, STE 150 CHM ORIGINAL PAGE SIZE: 8.5" x 11" BEND, OR 977033 AKS JOB: AAK 541.31T8429 WWW,AKS-ENG.COM 7326-01 )1 20201207 ANNEXATION EXHIBITS I DIM EXHIBI T B - HAUL 26 UI- 46 N SCALE: 1"= 200 FEET 200 0 40 100 200 ORIGINAL PAGE SIZE; 8.5" x 11' 10' WIDE MULTI -USE PATH SEE EXHIBIT D1(B) w a w ~ DATE; 7/7/2021 EASTON MASTER PLAN & ANNEXATION EXHIBIT MULTI -USE PATH ON EAST SIDE OF SE 15TH STREET D1 D AKS ENGINEERING & FORESTRY, LLC DRWN: MM 2777 NW LOLO OR, STE 150 CHKD: BEND, OR 97703 AAK AKS JOB: 541.317.8429 WWW.AKS-ENG.COM =37326-01 EXHIBIT B - PAGE 27 OF 48 wlz\t x u� r % Lu EL FUTURE ROUNDABOUT j (BY OTHERS) SIDEWALK ON THE EAST SIDE OF SE 15TH STREET FROM 1CIN(' HF7FKIAH WAY SEE EXHIBIT Dl (F) (COID EASTERN PED BRIDGE) DATE; 7 EASTON MASTER PLAN & ANNEXATION SCALE: 1 "= 400 FEET SE 15TH STREET SIDEWALK AKS ENGINEERING FORESTRY, LLC 2777 NW LOLO DR,, STE 150 400 0 80 200 400 BEND, OR 97703 Al ORIGINAL PAGE SIZE: 85' X 11" 541,317,8429 WWW.AKS-ENG.COM EXHIBIT Di(E CHKD: AKS JOB: 7326- 11 EXHIL311 b - HAUL 26 VI- 40 SCALE: 1 "= 200 FEET 200 0 40 100 200 ORIGINAL PAGE SIZE: 8.5" x 11" EASTON MASTER PLAN & ANNEXATION COID PED BRIDGE AKS ENGINEERING & FORESTRY, LLC 2777 NW LOLO DR, STE 150 BEND, OR 97703 Al 541.317.B429 WWW,AKS-ENG.COM r 1 DATE; 7/7/2021 EXHIBIT D1 F IA� DRWN: M AKS JOB: 7326-01 EXHIBIT B - PAGE 29 OF 48 .- : p N� F o Cf> N 5� z Y va ZZ L0 LLJ t/) �Q z QZ ZD >C U W LU <� ao to \�. z aQ a aC M �n o _Y 2 Z Ld Cv¢ J �O cn / \\' Z z O Y LL V) r� \ w 5 rota zoo, ww �� \ -I o ZJmdNLLJ }rO� w Z Z ' iittcnr-Z �, c - �\ r\ < w �+- <NG:1try d Q W � � Z � Q O .Ld 3 Imo.] /\ L�� \F W F— \� Q W (n C7 f1 Q W W r Q Ld W LEI to V/ Q J N Q r Epp N (w O EXHIBIT B - PAGE 30 OF 48 EXHIBIT D-2 Transportation Systems Project List/GO Bond Project List (01081860;3) Page 11 of 29 - EASTON SOUTH ANNEXATION AGREEMENT (PLMOD20210109) EXHIBIT B - PAGE 31 OF 48 EXHIBIT E 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: Peter Russell To: Karen Swenson Cc: Cp¢y Smith; Peter Russell Subject: Des Co comments on Easton Master Plan modification (PLMOD20210452) Date: Friday, June 11, 2021 1:06:03 PM Attachments: ImaQe001.1ma InnaoeQ02.ono IMr QeQ03.nno ImaaeQ04.nna 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 (Ti(ramrna RnaiA) ainrri hnwr, that Segment of Tekarnne jii;rkriirtinnally transferred to the ('ity. 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 y,\yti ES CC Peter Russell 1Senior Transportation Planner 4 DESCHUTES COUNTY COMMUNITY DEVELOPMENT + ' �--A 117 NW Lafayette Avenue I Bend, Oregon 97703 PO Box 6005 1 Bend, Oregon 97708 Tef: (541) 383-6718 1 www.deschutes,ocg/cd DDICU 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 property or conferring any rights, including any reliance rights, on any person. EXHIBIT B - PAGE 35 OF 48 From: WILLIAMS Rick * Re-0 To: Karen Swenson Cc: ioenn translahtconsulting com; MOREHOUSE Donald Subject: Easton Master Plan Modification, PLANXZ0210483-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. Ka re n, ODOT has reviewed the Easton Master Plan Modification, PLANX20210483, 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 COMMUNITY HEARING DATE; July 21, 2021 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 15th 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 II 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 15th 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 P LANX20210483 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 1V 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 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 4.5, Master Planning and DevelopmentAlternatives, are not applicable to properties in the Urbanizabie 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 P LANX20210483 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 COITI[Ilt.l111C:MU1I 1U1 this project. Tile requirement 1-1 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 (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. 4.9-500 Annroval 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 BDC4.9.300(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 P LANX20210483 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 serviceswith 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 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 PLANX20210483 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) 660-012-0060. 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 48 660-012-0060(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 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. (A) Types or levels of travel or access that are inconsistent with the functional classy"fication of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such a s..s s ,...,..lnt "^i mn i the nnrfnrmana ct nriarr!_S identified in the TSP or that %s vv Vular r+a/a .++a+ea...,r'., ...-.. _._ 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 condition of development or through adevelopment 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 Page 9 of 12 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; (c) i ne amendment aoes not involve property iocatea in an intercnange 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 dement (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 identifies 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 (1)--(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 orservices 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 aareement has been adopted_; or conditions of approval to fund the improvement Wave 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 systemwide 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 P LANX20210483 Page 11 of 12 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 Annexatlon PLA€dX20210483 Page 12 of 12 EXHIBIT B - PAGE 48 OF 48 ORDINANCE NO. NS - 2421 AN ORDINANCE ANNEXING APPROXIMATELY 365 ACRES OF LAND ENCOMPASSING THE 11DSL" 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 Attest: r*AmJC4jr1-isSre,City• •- Approved as to form: Sally Russ Il, Mayor EXHIBIT C - PAGE 2 OF 31 ®OWL 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 AT THE 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 810 1500" EAST A DISTANCE OF 200,22 FEET) TO A POINT OF TANGENCY; EAST, CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY, THENCE SOUTH 89' 06' 47" - r.ir`-rt itA1irM I nnnt-nn1/`A-rir1h1 nr -ruc 1At cc Tcw v Dir--u r y,. 2312,18 I E I I O A POINT I ON THE IVUR ( I-Ir-MD I Ci\L-i iiROLOl GA I jut OF I I It- vV 4J 1 I. RL, Illvt 11 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 180 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 180 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 o 800-866.9847 (fax) a 963 SW Simpson Avenue, Suite 200 m Bend, Oregon 97702 to www.dowl,com Exhibit A Page I of 2 EXHIBIT C - PAGE 3 OF 31 THENCE CONTINUING ALONG THE EASTERLY RIGHT OF WAY OF SAID M.W. WILSON ROAD, NORTH 00° 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 60" 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 00° 37' 48" EAST, ALONG SAID WEST LINE, 138.90 FEET TO THE NORTH LINE OF SAID SECTION 11 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, ML NORTHERLY RIGHT OWAY r OINT OF BNING STEVENS —WEST 1 /16 CORNER COMMON ' ROAD TO SECTIONS 2 AND 11 NORTH LINE SECTION 11 � S89`26'37"E 163.86' REED MARKET BASIS OF BEAjiI GS S89 2B 37 E 1319.75 1 1 N00`37'48"!= SS89/'06'477"E/14/ 2/312.18' 138.90oPp/// / /R=59$.00 L=201.16 , '4=01916'26 CH=N81'15'00"E 200.22' / 6 SECTION 11 N4 NW1 %4 WEST LINE E1 /t m 11 LEGEND z ///Z //"0, / EASTERLY RIGHT OF WAY / M.W. WILSON ROAD04 0 NORTHERLY RIGHT OF WAY j FERGUSON ROAD N89136'19'Wt //N89'36119"W 1t 1305.79' `� / / 979.96' / 11 AREA TO BE ANNEXED 963 SW Simpson Avenue,11200 Bend, Oregon 07702 641.365.4772 14 NORTHERLY RIGHT OF WAY W.J. McGILLVRAY ROAD ANNEXATION EXHIBIT STEVENS RANCH BEND, OREGON 800 0 8C SCALE IN FEET 11 I12I REGISTERED PR©FESSIaNAI.. LAND SURVEYOR 9L(2.— OREGON DECEMBER 11, 2012 BRIAN C. COURSEN 86998 RENEWS: 12/31/2021 SIGNED: ' / ?_ 1 11 12 14 13 OJECT 14647--01 TE 05/1 BZ2021 EXHIBIT B 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 this5V day of `,, � 2021 between the City of Band ("City") and Stevens Ranch, LLC who is the owner 6f record of the property described in Exhibit 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 seMces 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 City -approved Major Master Plan. The Property is within the City's Urban Growth Boundary (UGB) and Is contiguous to the city limits at 2711 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 multi -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 Chapter 4.5. D. The Property is currently zoned Urbanizable Area ("UA") and is designated Residential Standard ("RS"), Residential Medium Density ("RM" ), Residential High Density ("RN"), 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 (tZ-20.0005) PDM1261891255108XTMW I074912,1 EXHIBIT C - PAGE 6 OF 31 E, On March 26, 2021, Owner submitted a request to the City for approval of a Major Community Master Plan (City File No, PL6PD20210316) ("Steven's Ranch Master Plan"). F. On June 25, 2021, Owner submitted a request to the City to annex the Property to the City (City pile 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 for the 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. 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 and except as modified by the Steven's Ranch Master Plan, All exhibits attached are conceptual and (nothing i1i till r1% it efIItprohii~Jitj refi�le!IIrv1i to tv It1VUt"ay standards as part of the required development applications. 2. Master Plan Approval, Ownerwiil 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. & Water. 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, 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 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, 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 (PZ-20-0005) PDxi 12618912551081TMU31074912.1 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 upsixe its gravity sewer from 6" to 12", together with a required increased depth, in the area shown on Exhibit D-1 to serve properties west of 2741 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 and/or 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, 5, 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- 012-0060) 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. 6.2 Transportation System SDC Credits. Pursuant to BDC 12.10.130(C), the transportation system improvements identified on Exhibit E-1 will be eligible for SDC credits In the percentages set forth on Exhibit EA 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 Nan-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 (1) 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 (11) the system -wide benefits are sufficient to balance the significant effects identified in the Annexation Transportation Impact Analysis (T1A), 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-STEVENS RANCH ANNEXATION AGREEMENT (P'Z-20-0005) PDX\12b18912551081TML13107d912,1 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, 6.4 Dedication/Acquisition of Right of Way. Owner agrees to dedicate right- 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 feet from arterial centeriines of M.W. Wilson Road (271' Street), Stevens Road, and W.J. McGillvray Road (Ferguson Road) and 40 feet from collector centerlines), 5.4.1 Except for the intersection Improvements at Reed Market/27i° 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, Owner will make a good -faith effort to privately obtain the additional ROW the acquisition of which will be 100% SDC reimbursable/creditable. 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 or to outside counsel retained at the City's discretion, which will be 100% SDC reimbursable/creditable. 5.4.2 Intersection improvements at Reed Market/270' Street could include either an expanded traffic signal or a multi -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, 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 4-6TEVEN'S RANCH ANNEXATION AGREEMENT (Pc-20-0005) PDM12618M55108\TML\310? 912,1 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 527 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). �. obligationsoftheCity. Consistent with the above recitals, the City agrees to: 7.1 Process the application forannexing 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 -off way to be vacated In connection with the relocation of Steven's Road. Accordingly, the City does not anticipate recommending that payment will 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 be the responsibility of Owner or third parties, all of which 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 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 Steven's Crossing Master Flan. 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 5-STEVEN'S RANCH ANNEXATION AGREEMENT (PZ-20.0005) PDx! 12618912551081TML131074 912.1 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 Bend 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. 15. 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, nIs 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 (PZ-20.0005) PDX11261025510MMW1074912.1 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 , 2021, by Gary Miller, Managing Manager of Stevens Ranch, LLC�w i7ntgr Loss i =� Comm! My Comm. E Notary Public forOregcn Clr(OF BEND: / Eric King, City Manager STATE OF OREGON County of Deschutes ) This Instrument was acknowledged before me on *V_ '2021, by Eric King as City Manager of the City of Bend, Notary ubiic f"Oregonu PAX1126189\25510BUMU31074912.1 OFFiciAL.STAMP A MARIVE DUDDY ;. , � .: NO KAYI NOTARY PUBLIC-OREGON COMMI$S10N NO.968910 r't:QMMISSlON MY CQM 41881ON EXPIRES NOVEMBE8 2%2021 Page 7-STEVEN'S RANCH ANNEXATION AGREEMENT (PZ-20-0005) PDM12618912551081TW310749I2.I No,908910 )SMBER K 2021 EXHIBIT C - PAGE 12 OF 31 EVEN KIM ib€iC - California x ge€es County y ,ian N 2294193 Aires Jul 18, 2.023 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 ,uq, y STEVEN KIM .: Notary Public - California z = Los Angeles County > Commission A 2294193 Signature (Seal) "may 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 27ih 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 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 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. Stevens Ranch Annexation PLANX20210637 Page 2 of 18 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. Stevens Ranch Annexation P L.ANX20210637 Page 3of18 EXHIBIT C - PAGE 16 OF 31 llmrw_mmm�ll NINE NO MEMO F 27001mml Stevens Ranch Annexation PLANX20210637 Page 4 of 18 L EL Existing Property Lines Urban Growth Boundary Future Bend City Llmlts Proposed Stevens Ranch Master Plan Conceptual Right -of -Way Conceptual Shared -Use Path ConCOPRID1 Sanitary Sewer Mainline EXHIBIT C - PAGE 17 OF 31 APPLICATION OF THE CRITERIA: Bend DevelopmentCode 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 111 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 4.5, 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. Stevens Ranch Annexation PLANX20210637 Page 5 of 18 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 review the Stevens Ranch Annexation PLANX20210637 Page 6 of 18 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 mordinated 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, Stevens Ranch Annexation PLANX20210637 Page 7 of 18 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 l), 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. T INUINU: I he proposed annexation includes the Stevens Ranch site and adjacent rights-ot- 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. Stevens Ranch Annexation PLANX20210637 Page 8of18 EXHIBIT C - PAGE 21 OF 31 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. Stevens Ranch Annexation PLANX20210637 Page 9 of 18 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 andlor Area Plans will be implemented through master plan approval or binding 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 Citymayconsider 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. Stevens Ranch Annexation P LA NX20210637 Page 10 of 18 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 Stuns Ranch Annexation PLANX20210637 Page 11 of 18 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. 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, 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 COLD have closely coordinated on the design of the Stevens Ranch Master Plan, including the proposed sanitary sewer crossing of the COLD main Stems Ranch Annexation PLANX20210637 Page 12 of 18 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 ndinrpnt transportation facilities, as identified in the City's TSP and the SFAP 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 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. Stevens Ranch Annexation PLANX20210637 Page 13of18 EXHIBIT C - PAGE 26 OF 31 (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) 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: (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 DSL 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 Stems Ranch Annexation PLANX20210637 Page 14 of 18 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. f—Ijt ,ae imnrnirnm aYantc nr crsiirpt. that are authorized in a local ��` l f Ci//J�./V! iG11 VlI 7G1.I1 /r.., riir�rs vry 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 panned 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. Stevens Ranch Annexation PLANX20214637 Page 15 of 18 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 interstates 5, 82, 84, 105, 205 and 405; and (C) Interstate interchange area means: (1) Property within one -quarter mile of the ramp terminal intersection of an existing or planned interchange on an Interstate Highway; or (ii) The interchange area as defined in the interchange Area Management Plan adopted as an amendment to the Oregon Highway Plan. /nl Cr.r ^f fhie n IAlriffnn cf�fn►»nnf nrniiirinrl r�))rcr��nf fn r�ornrlrnnhc 1U./ I Vl j./l/I�.JVJ[�iJ - i111J JVMLl Vll, " YYIILL-1. JLGLGIf/VII� l./)VYIMVII J'w-JN QIIi 4V r./Gll_tj.-j-/ (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 W/1 result in the generation of the 9, 75611 vieekday p.m, peak hour trip, shall have entered into an Improvement Agreement Wth 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 Stevens Ranch Annexation PLANX20210637 Page 16 of 18 EXHIBIT C - PAGE 29 OF 31 supported by the March 8, 2021 supplemental traffic memo submitted with application PLANX20210637. 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- WhiiP tha Stavans Ranch Master Plan Dr000ses 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. Stevens Ranch Annexation PLANX20210637 Page 17 of 18 EXHIBIT C - PAGE 30 OF 31 Table 2 SCP'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 III 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, 756tn mekday 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 supported by the March 8, 2021 supplemental traffic memo submitted with application nr nn1Vnne)4nL"J7 f-LMr vnwt rvvo t . Stevens Ranch Annexation P LANX20210637 Page 18of18 EXHIBIT C - PAGE 31 OF 31 \�1lES HOC 2BOARD OF COMMISSIONERS MEETING DATE: Wednesday, October 20, 2021 SUBJECT: PUBLIC HEARING - Consideration of Order No 2021-046, Surrendering jurisdiction of Portions of Knott Rd, Tekampe Rd, and Stevens Rd to the City of Bend RECOMMENDED MOTION: Move approval of Order No. 2021-046. 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. Upon a public hearing for the matter, the Board of County Commissioners will consider adoption of Order No. 2021-046, which will surrender jurisdiction of the subject road segments to the City of Bend. 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)