2023-219-Order No. 2023-022 Recorded 7/18/2023REVIEW D Recorded in Deschutes County CJ2023-219
Steve Dennison, County Clerk
Commissioners' Journal 07/18/2023 9:05:17 AM
LEGAL COUNSEL IIIIIIIIIIIIIIIIIIIIIIIIII IIIII
G
2023-219
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Surrendering the Jurisdiction of a
Portion of Bear Creek Road to the City of
Bend, Oregon Pursuant to ORS 373.270.
ORDER NO. 2023-022
WHEREAS, the portion of Bear Creek Road depicted in the attached Exhibit "A", incorporated
herein by this reference, is a county road under the jurisdiction of Deschutes County, Oregon ("County");
and
WHEREAS, by Bend Ordinance No. NS-2467, 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 portion of Bear Creek Road Road shown in Exhibit "A", as said road portion is located within
the area identified in Exhibit "B" that was annexed by City; and
WHEREAS, a public hearing was held by the Board of County Commissioners on Wednesday, July
12, 2023, 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 road 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 the county road segment shown
in Exhibit "A" to City.
Section 2. That effective as of 12:00 AM, July 13, 2023, the Board of County Commissioners
hereby surrenders jurisdiction of the road segment shown in Exhibit "A" to the City of Bend.
Section 3. From and after 12:00 AM, July 13, 2023, the road segment shown in Exhibit "A" shall
be under the jurisdiction of the City of Bend.
PAGE 1 OF 2- ORDER No. 2023-022
�11
Dated this day of J 2023.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PATTI ADAIR, ice Chair
PHIL CHANG, Commissioner
PAGE 2 of 2- ORDER No. 2023-022
Lid ,�vT ES COG2a
o
BOARD OF
COMMISSIONERS
MEETING DATE: July 12, 2023
SUBJECT: Public Hearing to consider transferring jurisdiction of a portion of Bear Creek
Road to the City of Bend
RECOMMENDED MOTION:
First, hold a public hearing; then consider Board approval of Order No. 2023-022
transferring jurisdiction of a portion of Bear Creek Road to the City of Bend.
BACKGROUND AND POLICY IMPLICATIONS:
With Bend Ordinances No. NS-2467, the City of Bend has annexed and requested
jurisdiction of a portion of Bear Creek Road abutting the Parkside Place Master Planned
Development. Upon a public hearing for the matter, the Board of County Commissioners
will consider adoption of Order No. 2023-022, which will surrender jurisdiction of the
subject road segment to the City of Bend.
BUDGET IMPACTS:
Jurisdictional transfer of the subject road segment will remove approximately 0.25 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/Assistant Road Department Director
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PROPOSED JURISDICTIONAL SURRENDER
BEAR CREEK ROAD IN PARKSIDE PLACE MASTER PLANNED DEVELOPMENT
SEGMENT TO BE
TRANSFERRED
EXHIBIT "A" - ORDER NO. 2023-022
Page 1 of 1
EXHIBIT "B"
ORDINANCE NO. NS - 2467
AN ORDINANCE ANNEXING APPROXIMATELY 41.36 ACRES OF LAND IN
THE EXPANDED EAST HIGHWAY 20 UGB EXPANSION MASTER PLAN
AREA FOR THE PARKSIDE PLACE MASTER PLANNED DEVELOPMENT,
ASSIGNING A SIGN DISTRICT PER BDC 9.50.040.0 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 A and described in Exhibit B (the "Area").
C. One hundred percent of property owners within the Area have filed
statements of consent to this annexation. There are no registered electors
within the Area; the existing structure within the Area is vacant.
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
January 24, 2023, notice was mailed by the Planning Division to surrounding
residents and owners of record of property within 500 feet of the subject
properties, and to the Larkspur and Mountain View Neighborhood
Association representatives. Notice was also posted in four public places on
February 1, 2023, and posted in The Bulletin on February 1, 2023 and
February 8, 2023. On January 25, 2023, Notice of Proposed Development
signs were posted by the applicant along the property frontages at three
locations, no more than 10 feet from adjacent rights of way.
E. The City Council held a public hearing on February 15, 2023 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
western 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, attached as Exhibit C.
Based on these findings, THE CITY OF BEND ORDAINS AS FOLLOWS:
Section 1. The territory containing approximately 41.36 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" - ORDER NO. 2023-022
PAGE 1 of 35
Section 2. The City Manager is authorized to execute the Annexation
Agreement (Exhibit C) in 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 to the Parkside Place Master Planned
Development zoning scheme (Exhibit E).
Section 5. On the date the annexation becomes effective,. the Sign District
Map will be automatically updated (Exhibit F).
Section 6. The City deems it necessary and expedient to for the City to
acquire jurisdiction and requests that Deschutes County surrender
to the City of Bend jurisdiction over the portion of Bear Creek Road
within the annexed area in compliance with ORS 373.270.
Section 7. If any provision, section, phrase or word of this ordinance or its
application to any person or circumstance is held invalid, the
invalidity does not affect other provisions that can be given effect
without the invalid provision or application.
First Reading: February 15, 2023
Second reading and adoption by roll call vote: March 1, 2023
YES: Mayor Melanie Kebler NO: none
Councilor Barb Campbell
Councilor Anthony Broadman
Councilor Ariel M6ndez
Councilor Mike Riley
Attest:
("I &fA
Robyn Ch ►stie, City Recorder
Approved as to f�1m:
Mary "Inte a City Attorney
Melanie Kebler, Mayor
EXHIBIT "B" - ORDER NO, 2023-022.
PAGE 2 of 35
After recording, return to:
City of Bend
Attn: Colin Stephens
Community Development Department
710 NW Wall St.
Bend, OR 97703
HAYDEN HOMES — PARKSIDE PLACE MASTER PLAN
ANNEXATION AGREEMENT
This Annexation Agreement ("Agreement") is made this day of , 2023
between the City of Bend ("City") and Hayden Homes, LLC an Oregon limited liability
company ("Hayden Homes") and Porter Kelly Burns Landholdings, LLC an Oregon
limited liability company ("PKB"), collectively referred to as "Owner," who are the owners
of record on the real property described in and depicted on Exhibit B ("Property"),
The purposes of this Agreement are:
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. Hayden Homes owns and/or is in contract to purchase the Property and 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 was brought into the City's Urban Growth Boundary (UGB) via City
of Bend Ordinance No. NS-2449, consistent with the Bend Pilot Project approved under
HB 4079 and City Resolution 3133 and 3271. The property is contiguous to the City
limits. Therefore, the Property is eligible for annexation subject to BDC Chapter 4.9.
B. Hayden Homes intends to develop the Property in accordance with the Revised
Concept Plan approved in Resolution 3271 which includes both affordable and market
rate housing, a total of 346 units, 138 of which will qualify as affordable under HB 4047.
C. The Property consists of approximately 41.36 acres located on the eastern
border of Bend's UGB at 21455 and 21415 Highway 20 in Deschutes County, Oregon.
(01081860;3) Page 1 of 10 —HAYDEN HOMES ANNEXATION AGREEMENT
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EXHIBIT "B" -ORDER NO. 2023-022
PAGE 3 of 35
The development is subject to a major community master plan approval under BDC
Chapter 4.5.
D. The Property is currently zoned Urbanizable Area ("UK) and is designated
Residential Medium Density ("RM") and Residential High Density ("RH") on the
Comprehensive Plan Map.
E. On September 28, 2022 Hayden Homes submitted a request to the City to
change the Comprehensive Plan designation of a portion of the property from RM to RS
(City File No. PLCPMA20220715), in order to implement the Conceptual Plan of the
Bend Pilot Project approved under HB 4079 and City Resolution 3133 and 3271. This
request also includes a modification to the Transportation System Plan Map to extend
street classification and the low -stress bicycle network onto the Property.
F. On September 28, 2022 Hayden Homes submitted a request to the City to
modify Comprehensive Plan Policy 11-82, allowing for northwestern triangle portion of
the property to be developed as part of the Parkside Place Master Plan (City File No.
PLCPMA20220716).
G. On September 28, 2022 Hayden Homes submitted a request to the City for
approval of the Parkside Place Master Plan ((City File No. PLCPMA20220715)).
H. On November 18, 2022, Hayden Homes submitted a request to the City to annex
the Property to the City (City File No. PLANX20220849).
I. Annexation of the Property requires the Owner to prove that all criteria under
BDC 4.9.600 are met.
J. 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, Hayden Homes agrees to comply with all
requirements imposed in this Agreement and all other City codes, regulations, and
standards applicable to the Property, including the Parkside Place Master Plan. This
Agreement is consistent with and intended to implement City Resolutions 3133 and
3271, the intent and purpose of HB 4079 and the implementing regulations and the
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 Hayden Homes. Consistent with the above Recitals, Hayden
Homes agrees to perform the obligations of this Agreement and comply with and meet
all City codes, standards, and regulations, including the Parkside Place Master Plan. All
(01081860;3) Page 2 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
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EXHIBIT "B" -ORDER NO. 2023-022
PAGE 4 of 35
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. Hayden Homes will seek approval of a Major
Community Master Plan under BDC Chapter 4.5 for the Parkside Place Master Plan
concurrent with approval of annexation associated with this Annexation Agreement.
This Agreement will become effective upon authorized signatures of all parties, approval
of the Parkside Place Master Plan, and expiration of all applicable appeal periods or
when the City's approval of the Master Plan is otherwise final.
3. Affordable Housing. Hayden Homes will develop the Property in accordance
with the Revised Concept Plan which includes both market rate and affordable housing,
a total of 346 units, 138 of which will qualify as affordable under the Pilot Project Rules.
A Declaration of CC&Rs (Affordable Declaration) must be recorded concurrent with the
recordation of this annexation agreement, ensuring the affordable units will remain
affordable for at least 50 years.
3.1 Following final plat recordation for each phase and prior to transfer to a
third party, Hayden Homes will record a deed restriction for each affordable unit/lot on
each newly created parcel of land.
3.2. The market rate units/lots are not subject to the Affordable Declaration. If
requested by Hayden Homes, the parties will record an amended Affordable Declaration
upon the approval of each final plat with a map showing the affordable units bound by
the deed restriction.
4. Phasing Requirement. The affordable housing requirement shall be met in
proportion to the development of the Property as specified by this section. Percentages
of development on the Property are measured by the number of dwelling units specified
in land use decisions. The project phasing and construction will be planned and
approved as follows:
4.1. 50% Checkpoint - Prior to the City issuing a Certificate of Occupancy or
Building Final Inspection for the 174t" dwelling unit, Hayden Homes must document that
at least 70 Affordable Housing Units have been issued Certificates of Occupancy.
4.2. 75% Checkpoint - Prior to the City issuing a Certificate of Occupancy or
Building Final Inspection for the 260t" dwelling unit, Hayden Homes must document that
at least 139 Affordable Housing Units have been issued Certificates of Occupancy.
5. Transportation. In order to serve the Property consistent with applicable
policies of the BCP and the BDC, Hayden Homes shall construct the transportation
system improvements identified in Bend Development Code Sections 2.7.4550 and
2.7.4560 and in Exhibit C pursuant to the phasing and development schedule set forth
in the Parkside Place Master Plan.
5.1 Transportation System SDC Credits. Pursuant to Bend Municipal Code
(BMC) 12.10.130, transportation improvements to Bear Creek Road will be eligible for
(01081860;3) Page 3 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT "B" -ORDER NO. 2023-022
PAGE 5 of 35
50 percent 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 on Bear Creek Road are added to the TSDC
Project List before commencement of construction by Hayden Homes for the
improvement, Hayden Homes may apply for TSDC credits based on the City's TSDC
methodology and code in effect at that time.
5.2 Dedication of Right of Way. Hayden Homes agrees to dedicate
sufficient right of way under its control to the City to accommodate the Transportation
Projects described in Section 5 above, and to meet the minimum right of way widths
required by BDC Chapter 3.4 and the Parkside Place Master Plan. To the extent there
is a conflict between the street standards set forth in BDC Chapter 3.4 and those set
forth in the Parkside Place Master Plan, the standards in the Parkside Place Master
Plan shall control.
6. Water. In order to serve the Property consistent with applicable policies of the
Bend Comprehensive Plan and the Bend Development Code, Hayden Homes must
construct the water system improvements pursuant to the phasing and development
schedule set forth in the land division approval. The property is in the Avion service
territory and will be served by Avion water.
7. Sewer. In order to serve the Property consistent with applicable policies of the
Bend Comprehensive Plan and the Bend Development Code, Hayden Homes must
construct the sewer system improvements pursuant to the phasing and development
schedule set forth in the land division approval.
8. Stormwater. Hayden Homes will contain all stormwater consistent with the
Parkside Place Master Plan and all applicable City requirements. Hayden Homes will
complete all on -site stormwater requirements as required by the Parkside Place Master
Plan and all subsequent development applications (e.g., site plan review, subdivision).
9. Obligations of the City. Consistent with the above recitals, the City agrees to:
9.1 Process the application for annexing the Property into the City Limits
within two years of the acknowledged urban growth boundary expansion per Ordinance
2447, or August 19, 2024.
9.2 Conduct a timely review of and issue a decision on the Parkside Place
Master Plan applications.
10. 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.
(01081860;3) Page 4 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
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EXHIBIT "B" -ORDER NO. 2023-022
PAGE 6 of 35
11. Limitations on Development. Upon annexation Owner agrees that no portion
of the Property may be developed (except any activities necessary for the piping of the
COID canal) prior to the City's final approval of the Parkside Place Master Plan.
Development of the Property under the Parkside Place Master Plan will be subject to
additional land use and permit approval as provided in the BDC.
12. Mutual Cooperation. The City and the parties will endeavor to cooperate with
each other in implementing the terms of this Agreement.
13. 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.
14. Land Use Approval. Except as set forth in Section 15 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
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.
15. Exactions. Hayden Homes knows and understands its rights under Dolan v.
City of Tigard and its progeny. By entering into this Agreement Hayden Homes waives
any requirement that the City demonstrate that the public improvements and other
obligations imposed on Hayden Homes in this Agreement or the Parkside Place Master
Plan are roughly proportional to the burden and demands placed upon the urban
facilities and services by the development of the Property. Hayden Homes
acknowledges that the requirements and obligations of Hayden Homes, 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.
16. 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.
17. 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.
18. Effective Date. This Agreement will become effective upon authorized
signatures by all parties, approval of the Parkside Place Master Plan by the City
Council, and expiration of all applicable appeal periods or when the City's approval of
the Parkside Place Master Plan is otherwise final.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
(01081860; 3)
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Page 5 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 7 of 35
By:
Hayden Homes, an Oregon corporation
State of Oregon
County of Deschutes
This instrument was acknowledged before me on , 2022, by
of Hayden Homes, an Oregon corporation, on behalf of the
corporation.
Notary Public for Oregon
By:
Porter Kelly Barns Landholdings, LLC,
An Oregon limited liability company
State of Oregon
County of Deschutes
This instrument was acknowledged before me on , 2022, by
of Porter Kelly Barns Landholdings, LLC, an Oregon limited
liability company, on behalf of the corporation.
CITY OF BEND
Eric King, City Manager
Notary Public for Oregon
(01081860;3)
(PLMOD20210109)
Page 6 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 8 of 35
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on January , 2022, by Eric King as
City Manager of the City of Bend.
Notary Public for Oregon
(01081860;3) Page 7 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
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EXHIBIT "B" -ORDER NO. 2023-022
PAGE 9 of 35
EXHIBIT A
Legal Description of Property
(01081860;3) Page 8 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
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EXHIBIT "B" -ORDER NO. 2023-022
PAGE 10 of 35
EXHIBIT B
Map of Property
(01081860;3) Page 9 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
(PLMOD20210109)
EXHIBIT "B" -ORDER NO. 2023-022
PAGE 11 of 35
EXHIBIT C
Bear Creek Improvements
0
Q
50' —
20' DEDICATED ROW 30' EXISTING ROW
100 ia' 26'—
PAVED PATH
STANDARD CURB (TYP,)
LANDSCAPING ITYP.)
- EXISTING ROW,—------
2G � '@ "6""'-'�'�"UNIMPROVED
0.9
PAVED STREET
TYPICAL SECTION
ARTERIAL STREET: PARTIAL IMPROVEMENT
BEAR CREEK ROAD
NTS
EXTENTS OF BEAR CREEK ROAD IMPROVEMENTS END AT THE WESTERN PROPERTY LINE AND DO NOT INCLUDE
CONSTRUCTION OF A CROSSING OVER COID'S IRRIGATION LATERAL LOCATED OFFSITE AND WEST OF PARKSIDE
PLACE'S FRONTAGE. IMPROVEMENT PLAN WILL INCORPORATE STRIPING, TAPERS, AND DELINEATORS TO SAFELY
TRANSITION TRAFFIC FROM A TYPICAL COUNTY ROAD SECTION TO A CITY OF BEND ARTERIAL SECTION (TO BE
DETERMINED DURING FINAL ENGINEERING DESIGN),
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Page 10 of 10 — HAYDEN HOMES ANNEXATION AGREEMENT
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 12 of 35
EXHIBIT D
FINDINGS FOR
PARKSIDE PLACE ANNEXATION
PROJECT NUMBER:
HEARING DATE:
APPLICANT/
OWNER:
(21415 Hwy 20)
PLANX20220849
February 15, 2023
Hayden Homes LLC
2464 SW Glacier PI, Suite 110
Redmond, OR 97756
OWNER: Porter Kelly Burns Landholding LLC
(21455 Hwy 20) 5691 Miramar Dr
Frisco, TX 75034
APPLICANT'S
REPRESENTATIVE:
Greg Blackmore
Blackmore Planning
19454 Sunshine Way
Bend, OR 97702
COMMUNITY
DEVELOPMENT
LOCATION: 21455 Hwy 20; Tax Lot 171235DC00100
21415 Hwy 20; Tax Lot 171235DC00200
Between Highway 20 and Bear Creek Road
REQUEST: A Type III Quasi-judicial request for Annexation of 41.36 acres for
the Parkside Place Master Planned Development and abutting
rights -of -way (PLSPD20220717).
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 II and Type III Applications
4.1.800 Quasi -Judicial Hearings
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 13 of 35
FINDINGS OF FACT:
1. SITE DESCRIPTION AND LOCATION: The property is located immediately east of the Bend
City limits between Highway 20 and Bear Creek Road. The property is identified as 21415
and 21455 Highway 20 and is further identified as Tax Lots 100 and 200 on Deschutes
County Tax Assessor's Map 17-12-35DC. The Parkside Place Annexation encompasses
41.36 acres and is bounded by Highway 20 to the north, the Urban Growth Boundary to the
east, Bear Creek Road and the Urban Growth Boundary to the south, and the City limits to the
west. An existing single -unit dwelling built in 1940 with two outbuildings are located in the
southwestern portion of the site next to a large irrigation pond.
2. ZONING: The subject property is located in Deschutes County, in the Bend Urban Growth
Boundary and zoned Urbanizable Area ("UA" ). The Bend Comprehensive Plan identifies a
1.77 acre area in the northwest quadrant as Residential High Density (RH) and the remainder
of the site as Residential Medium Density (RM). A concurrent Comprehensive Plan Map
amendment (PLCPMA20220715) proposes to change 23.34 acres of the RM-designated land
to RS (Standard Density Residential).
3. PROPOSAL: A Type III Quasi-judicial request for Annexation of 41.36 acres for the Parkside
Place Master Planned Development and abutting rights -of -way.
4. PROCEDURAL OVERVIEW: The current proposal is a necessary step to implement
Oregon House Bill (HB) 4079, the Affordable Housing Pilot Project. In 2016, the Oregon
Legislature passed HB 4079, which formed a pilot program aimed to help cities build
affordable housing. The program allows selected cities to add new housing units on lands
currently outside their urban growth boundaries (UGBs) without going through the normal
UGB expansion process.
The law directed the Land Conservation and Development Commission (LCDC) to set up a
process to select two pilot projects. The selected cities would be able to use an expedited
UGB process, if at least 30 percent of the newly built housing is affordable and the newly
added land is protected for this use for at least 50 years. LCDC adopted the pilot program
Parkside Place Annexation
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EXHIBIT "B" - ORDER NO. 2023-022
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process and project requirements in OAR 660-039.
In June 2018 the City of Bend submitted an application to LCDC for the Affordable Housing
Pilot Project (utilizing the subject property) and in November 2018 LCDC selected the City of
Bend for the Pilot Project. In 2020, the applicant entered into a contract on the pilot project
site (with the original developer) and began a revised feasibility study. On September 1,
2021, the Bend City Council adopted Resolution No. 3271 to implement a Revised Concept
Plan, based on its selection as a HB 4079 Affordable Housing Pilot Project. In October of
2021, the agency charged with administering the Pilot Project, the Department of Land
Conservation and Development (DLCD) approved the modified HB 4079 Plan. The
concurrent master plan proposal (PLSPD20220717) is consistent with the Revised Concept
Plan approved by DLCD.
In 2016, as part of the City's Comprehensive Plan Update, a small portion (1.77 acres) of
the subject property in the northwest corner was included in the UGB and designated High
Density Residential (RH). On July 20, 2022, the Bend City Council approved the Urban
Growth Boundary expansion to include the remainder of the subject property per Ordinance
2449 (Exhibit Q of this application). This UGB expansion also included a Comprehensive
Plan designation of Medium Density Residential (RM) for the property. Deschutes County
subsequently approved the Urban Growth Boundary expansion per Ordinance No. 2022-006
(Exhibit R of this application) with a concurrent rezone to Urbanizable Area (UA).
Subsequent to this application/review, additional City of Bend applications needed to
implement Oregon HB 4079 — the Affordable Housing Pilot Program include:
• Master Plan (concurrent with Council review of this application)
• Land Division
• Site Plan (for the multi -unit residential development and park)
5. CONCURRENT APPLICATIONS: The applicant has submitted the following applications to
be reviewed by the Council concurrently with this annexation application:
• Parkside Place Master Plan (PLSPD20220717)
• Comprehensive Plan Text Amendment to Policy 11-82 and Figure 11-7
(PLTEXT20220716)
Comprehensive Plan Map Amendment to change 23.34 acres of the RM-designated
property to an RS designation and a TSP Map amendment to add road classifications
and low stress network to the site (PLCPMA20220715)
Each of these three applications were reviewed by the Planning Commission at a public
hearing on January 23, 2023 and recommended to the City Council for approval.
6. PUBLIC NOTICE AND COMMENTS: Prior to submittal of this application and related
applications, the applicants hosted a public meeting on September 28, 2022, 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 January 24, 2023,
the Planning Division mailed notice to surrounding residents and owners of record of
Parkside Place Annexation
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EXHIBIT "B" - ORDER NO. 2023-022
PAGE 15 of 35
property within 500 feet of the subject properties, and to the Mountain View and Larkspur
Neighborhood Association representatives. Notice was also posted in four public places on
February 1, 2023, and posted in The Bulletin on February 1 and 8, 2023. On January 25,
2023, Notice of Proposed Development signs were posted by the applicant along the
property frontages at three locations, visible from adjacent rights of way.
7. APPLICATION ACCEPTANCE DATE: This Type III Quasi-judicial Annexation petition was
submitted on November 18, 2022 and the application fee was paid on December 2, 2022.
The application was deemed complete on January 5, 2023.
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Proposed Comprehensive Plan and Zoning Designations (PLCPMA20220715)
APPLICATION OF THE CRITERIA:
Bend Development Code
Chapter 4.9, Annexations
4.9.200 Applicability.
Parkside Place Annexation
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EXHIBIT "B" - ORDER NO. 2023-022
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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 are a jurisdictional transfer, the
City Council is the sole review authority.
2. City Council approval of annexations will be by ordinance.
3. Notice of the City Council hearing to consider the annexation proposal must
follow the notification process required for the Type III or Type IV application,
except a notice of the hearing must be published in a newspaper of general
circulation in the City once each week for two successive weeks prior to the day of
hearing, and notices of the hearing must be posted in four public places in the
City for a like period.
FINDING: The proposed annexation is initiated by the two property owners, 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 BDC 4.9.300.A.3.
On January 24, 2023, notice was mailed by the Planning Division to surrounding residents and
owners of record of property within 500 feet of the subject properties, and to the Mountain View
and Larkspur Neighborhood Association representatives and to those who submitted comments
prior to the hearing before the Planning Commission for the Parkside Place Master Plan
(PLSPD20220717). On January 25, 2023, Notice of Proposed Development signs were posted
by the applicant along the property frontages at three locations, visible from adjacent rights of
way. Notice was also posted in four public places on February 1, 2023, and posted in The
Bulletin on February 1 and 8, 2023.
B. Development Review Requirements.
1. Unless exempted in subsection (13)(1)(a) 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. For properties located within an approved area plan, also see
subsection (13)(2) of this section. 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.
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EXHIBIT "B" - ORDER NO. 2023-022
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Table 4.9.300 - Specific Expansion Area Policies and Land Use Approval Requirements
Bend Comprehensive
Land Use Approval Required
Expansion Area
Plan Specific Expansion
Prior to or Concurrently with
Area Policies
Annexation
East Highway 20 Property
11-82
See BDC 4.9.300(B)(1)(a)(i)
FINDING: A portion of the subject property is located in the East Highway 20 UGB expansion
area and the associated Comprehensive Plan Text Amendment (PLTEXT20220716) expands
the East Highway 20 UGB expansion area to the entire property and amends Policy 11-82 to
provide a framework for the Parkside Place master plan. While Table 4.9.300 indicates a
master plan is not required (BDC 4.9.300.B.1.a.i), since the East Highway 20 area subject to
Policy 11-82 has been expanded as proposed under PLTEXT20220716, the expanded area
exceeds 20 acres and is thus subject to a master plan.
A major community master plan in accordance with BDC Chapter 4.5 was submitted on
September 28, 2022, under PLSPD20220717. On January 23, 2023, the Planning Commission
made a recommendation to the City Council for approval of the Parkside Place Master Planned
Development (MPD). The Parkside Place MPD is scheduled to be heard by the City Council
concurrently with this annexation request. As addressed in the Planning Commission findings
for PLSPD20220717, the Parkside Place MPD complies with Bend Comprehensive Plan Policy
11-82, as modified under PLTEXT20220716.
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: A portion of the Parkside Place master plan property is owned by Hayden Homes
LLC, who has initiated this application. The remainder of the property to be annexed is owned
by Porter Kelly Burns Landholding LLC. Both 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:
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.
Parkside Place Annexation
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EXHIBIT "B" - ORDER NO. 2023-022
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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, the City's Online Permit Center, for
PLANX20220849 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
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 a park
and the extension of the Big Sky Park regional trail within the Parkside Place site, as described
further and acknowledged in the provided letter from BPRD (Exhibit H of the application).
BPRD's 2018 Comprehensive Plan identifies this area as within Park Search Area #14 and the
location of a planned trail as an extension of the Big Sky Park regional trail within the western
edge of the subject property. The Parkside Place Master Plan provides a 4-acre park in the
southwest quadrant of the subject property and an extension of the Big Sky Park trail between
Bear Creek Road and Highway 20 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 subject property is within the existing Bend Parks and Recreation District
boundary, which extends to Hamby Road along Highway 20. This requirement does not apply.
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 is a letter provided by the Bend -La Pine School District
(BLS) indicating coordination between the applicant and BLS and the district's capacity to serve
the new housing units proposed on the subject property. This requirement is met.
9. Territories with irrigation district water rights or other irrigation district facilities
must include the following:
a. A map of all appurtenant water rights.
b. A surveyed map of any district facility (e.g., canal, head gate, and crossing) that
clearly identifies easements, rights -of -way, access roads, etc., for any
conveyance facilities that may remain that are either irrigation district owned or
privately owned on the property upon annexation.
Parkside Place Annexation
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EXHIBIT "B" - ORDER NO. 2023-022
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c. A signed statement by the applicant, including any letters or other written
documentation provided by the irrigation district, confirming that the applicant
has met with the irrigation district to discuss the proposed annexation and the
extent to which any issues identified in BDC 4.9.600(A)(6) have been resolved
or, if they have not yet been resolved, setting forth a plan with a timeline to
resolve any issues.
FINDING: Exhibit I_1 of the application indicates the extent of the water rights, irrigation
facilities and easements at the time of annexation application submittal. Exhibit I_2 is a letter
from the Central Oregon Irrigation District (COID) indicating coordination with the applicant is
ongoing. In response to the City's Agency Review notice for the master plan, the COID
submitted a letter on December 29, 2022 indicating that the applicant has removed and
quitclaimed the water rights back to COID, and will pipe and re-route COID's A -Lateral to
COID`s specifications subsequent to future subdivision approval. 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: Pursuant to OAR 660-039-0030, which implements HB 4079 - Affordable Housing
Pilot Project, the proposal is exempt from Goal 11 and 12, except that portion applicable to the
impact of development of the pilot project site upon existing and planned public facilities within
the qualifying city's urban growth boundary.
The applicant and City staff have closely coordinated to identify necessary infrastructure
improvements to serve the Parkside Place 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 Parkside
Place Master Plan (PLSPD20220717) demonstrates how public facilities, including sanitary
sewer and potable water, are available and planned throughout the master plan area.
The concurrent Master Plan (PLSPD20220717) is consistent with the public facilities and services
goal that requires the City to plan and develop land in a timely, orderly and efficient fashion,
based upon the availability of public services. The concurrent amendment to the Transportation
System Plan (TSP), will further memorialize the higher order facilities that are planned to transect
the property.
The master plan submittal (PLSPD20220717) includes a Will -Serve letter from the Avion Water
Company, the City of Bend Sewer Analysis (PRSWA202207084), and a Traffic Impact Analysis,
prepared by Transight Consulting LLC reviewed under PRTFR202108739. These documents
indicate the subject property is able to be served by public water, sanitary sewer, and
transportation systems, and the applicant is committed to making the extensions needed to
provide/extend the noted facilities and services in association with future subdivision
development. Additionally, emergency services are available in the area through City of Bend
Fire and Police Departments and the property is located within the Bend-LaPine School District,
which has facilities to accommodate the planned development.
Parkside Place Annexation
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EXHIBIT "B" - ORDER NO. 2023-022
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Subsequent to a Master Plan decision being rendered on this property, an associated subdivision
application will be reviewed by the City of Bend. The Master Plan and supporting analyses
document that the site can be designed in conformance with Development Code requirements.
As required by Development Code standards, the proposed development will extend public
facilities to and through the property.
Upon approval, the applicant will undertake all required steps to design and extend services (as
required through the subsequent Land Division and Site Plan processes) to accommodate the
proposed Master Plan and the ultimate development of the site. The proposal is consistent with
the current public facilities master plans and it has been shown that the property can be provided
public facilities and services, concurrent with development. The proposal is therefore consistent
with Statewide Planning Goal 11 and 12.
With the Annexation Agreement, which has been submitted for concurrent review of this Master
Plan by the City Council (PLANX20210849), Goal 11 and 12 are satisfied, although exempted
under HB 4079.
4.9.600 Approval Criteria.
A. The City Council may approve, or approve with conditions, the proposed annexation
application if all of the following criteria are met:
1. The annexation proposal is consistent with the Bend Comprehensive Plan policies
and plan designations applicable to the territory as determined by the Planning
Director or designee.
FINDING: The proposed annexation includes the Parkside Place site and adjacent rights -of -
way, consisting of approximately 41.36 acres. The Parkside Place site (identified as East
Highway 20 Property in BDC 4.9.300) is subject to the master planning process and BCP Policy
11-82. The applicant has submitted a Major Community Master Plan application for the
proposed Parkside Place Master Plan (PLSPD20220717), which demonstrates compliance with
Policy 11-82. The Parkside Place Master Plan will be incorporated into BDC Chapter 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 Parkside Place 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.
FINDING: Conformance with applicable Comprehensive Plan policies, annexation procedures,
and approval criteria is demonstrated in the findings of this document. This policy is met.
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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: As noted in findings above, the applicant and City staff have closely coordinated to
identify necessary infrastructure improvements to serve the Parkside Place 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 Parkside Place Master Plan (PLSPD20220717) demonstrates how public facilities,
including sanitary sewer, potable water, and streets are available and planned throughout the
master plan area.
The master plan submittal (PLSPD20220717) includes a Will -Serve letter from the Avion Water
Company, the City of Bend Sewer Analysis (PRSWA202207084), and a Traffic Impact Analysis,
prepared by Transight Consulting LLC reviewed under PRTFR202108739. These documents
indicate the subject property is able to be served by public water, sanitary sewer, and
transportation systems, and the applicant is committed to making the extensions needed to
provide/extend the noted facilities and services in association with future subdivision
development. Additionally, emergency services are available in the area through City of Bend
Fire and Police Departments and the property is located within the Bend-LaPine School District,
which has facilities to accommodate the planned development. The land area to be annexed
includes a site for a future 4-acre park as well as an extension of the Big Sky Park regional trail
along the property's western boundary, which is shown in the Parkside Place master plan. 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: A portion of the subject property is located in the East Highway 20 UGB expansion
area and the associated Comprehensive Plan Text Amendment (PLTEXT20220716) expands
the East Highway 20 UGB expansion area to the entire property and amends Policy 11-82 to
provide a framework for the Parkside Place master plan. While Table 4.9.300 indicates a
master plan is not required (BDC 4.9.300.B.1.a.i), since the East Highway 20 area subject to
Policy 11-82 has been expanded as proposed under PLTEXT20220716, the expanded area
exceeds 20 acres and is thus subject to a master plan.
A major community master plan in accordance with BDC Chapter 4.5 was submitted on
September 28, 2022, under PLSPD20220717. On January 23, 2023, the Planning Commission
made a recommendation to the City Council for approval of the Parkside Place Master Planned
Development (MPD). The Parkside Place MPD is scheduled to be heard by the City Council
concurrently with this annexation request. As addressed in the Planning Commission findings
for PLSPD20220717, the Parkside Place MPD complies with Bend Comprehensive Plan Policy
11-82, as modified under PLTEXT20220716.
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 Parkside Place site, which is identified as the East
Highway 20 property on Figure 4.9.300. This annexation request includes approximately 41.36
Parkside Place Annexation
PLANX20220849
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EXHIBIT "B" - ORDER NO. 2023-022
PAGE 22 of 35
acres, including the Parkside Place subject property and portions of public rights -of -way
adjacent to the site. The applicant has submitted a Major Community Master Plan application
for the site (PLSPD20220717), which was recommended by approval by the Planning
Commission on January 23, 2023. Therefore, this plan policy is not applicable because area
planning for the site is occurring concurrent with the processing of this annexation request.
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,
boundary, and is therefore contiguous to the existing City limits. A "cherry -stem" annexation is
not proposed. This policy is met.
11-65 Compliance with specific expansion area policies and/or Area Plans will be
implemented through 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
(PLSPD20220717), which was recommended for approval by the Planning Commission on
January 23, 2023. Compliance with BCP Policy 11-82 is demonstrated in the applicant's Major
Community Master Plan application. The Parkside Place Master Plan will be incorporated into
BDC Chapter 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.
Furthermore, as detailed in the annexation agreement, the applicant plans to construct
affordable housing units in proportion to the development of the property so that the minimum
30% ratio required by HB 4079 and 40% required by the City Council (Resolution 3271) is
always met. Covenants on the subject property and the subsequent lots developed with
affordable housing units will ensure affordability for at least 50 years. This policy is met.
11-66 Existing rural infrastructure systems and urban systems (water, sewer,
transportation, stormwater) serving annexed areas may be required to be modernized
and constructed to the City's standards and specifications, as determined by the City.
FINDING: The Parkside Place Master Plan (PLSPD20220717) demonstrates how public
facilities, including sanitary sewer, potable water and streets, are available and planned
throughout the master plan area. The existing septic system serving the subject property will be
required to be removed or abandoned. Future land division applications, site plan review
applications, and site infrastructure permits will include site -specific analysis to ensure
adequate infrastructure systems are constructed per applicable City standards. This policy is
met.
11-67 The City may consider funding mechanisms and agreements to address on- and
off -site improvements, modernization of existing infrastructure to the City's standards
and specifications, and impacts to infrastructure inside the current City limits.
FINDING: The applicant and City staff have coordinated closely to identify necessary
infrastructure improvements to serve the Parkside Place site and the planned land uses. The
sequencing and financing mechanisms for the necessary infrastructure improvements are
Parkside Place Annexation
PLANX20220849
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EXHIBIT "B" - ORDER NO. 2023-022
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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.
FINDING: This annexation request is for the Parkside Place site, which exceeds 20 acres. This
annexation request includes approximately 41.36 acres, which includes the Parkside Place
subject property and portions of public rights -of -way adjacent to the site. The applicant has
submitted a Major Community Master Plan application for the site (PLSPD20220717), which
was recommended for approval by the Planning Commission on January 23, 2023. 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 Parkside Place site and adjacent rights -of -
way, consisting of approximately 41.36 acres. A portion of the subject property is located in the
East Highway 20 UGB expansion area and the associated Comprehensive Plan Text
Amendment (PLTEXT20220716) expands the East Highway 20 UGB expansion area to the
entire property and amends Policy 11-82 to provide a framework for the Parkside Place master
plan. While Table 4.9.300 indicates a master plan is not required (BDC 4.9.300.B.1.a.i), since
the East Highway 20 area subject to Policy 11-82 has been expanded as proposed under
PLTEXT20220716, the expanded area exceeds 20 acres and is thus subject to a master plan.
A major community master plan in accordance with BDC Chapter 4.5 was submitted on
September 28, 2022, under PLSPD20220717. On January 23, 2023, the Planning Commission
made a recommendation to the City Council for approval of the Parkside Place Master Planned
Development (MPD). The Parkside Place MPD is scheduled to be heard by the City Council
concurrently with this annexation request.
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: As noted in findings above, the applicant and City staff have closely coordinated to
identify necessary infrastructure improvements to serve the Parkside Place 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.
Parkside Place Annexation
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EXHIBIT "B" - ORDER NO. 2023-022
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The Parkside Place Master Plan (PLSPD20220717) demonstrates how public facilities,
including sanitary sewer, potable water, and streets are available and planned throughout the
master plan area.
The master plan submittal (PLSPD20220717) includes a Will -Serve letter from the Avion Water
Company, the City of Bend Sewer Analysis (PRSWA202207084), and a Traffic Impact Analysis,
prepared by Transight Consulting LLC reviewed under PRTFR202108739. These documents
indicate the subject property is able to be served by public water, sanitary sewer, and
transportation systems, and the applicant is committed to making the extensions needed to
provide/extend the noted facilities and services in association with future subdivision
development. Additionally, emergency services are available in the area through City of Bend
Fire and Police Departments and the property is located within the Bend-LaPine School District,
which has facilities to accommodate the planned development. The land area to be annexed
includes a site for a future 4-acre park as well as an extension of the Big Sky Park regional trail
along the property's western boundary, which is shown in the Parkside Place Master Plan.
Therefore, the Parkside Place 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 coordinated closely to identify necessary
infrastructure improvements to serve the Parkside Place site and the planned land uses. The
Parkside Place Master Plan (PLSPD20220717) demonstrates how public facilities, including
sanitary sewer, potable water and streets, are available and planned throughout the master
plan area. The City of Bend Sewer Analysis (PRSWA202207084) and the Transportation
Analysis Memo issued under PRTFR202108739 outline the mitigation measures to be
implemented upon future subdivision applications. 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 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: Exhibit I_1 of the application indicates the extent of the water rights, irrigation
facilities and easements at the time of annexation application submittal. Exhibit I_2 is a letter
from COID indicating coordination with the applicant is ongoing. In response to the Agency
Review notice for the master plan, the COID submitted a letter on December 29, 2022 indicating
that the applicant has removed and quitclaimed the water rights back to COID. This criterion is
met.
6. Sufficient evidence acceptable to the City has been provided demonstrating that
the irrigation district had an opportunity to review the layout and design for any
Parkside Place Annexation
PLANX20220849
Page 13 of 15
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 25 of 35
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 A -Lateral main canal crosses the western portion of the site. Exhibit I_2 is
a letter from COID indicating coordination with the applicant is ongoing. In response to the
Agency Review notice for the master plan, the COID submitted a letter on December 29, 2022
indicating that the applicant will pipe and re-route COID's A -Lateral to COID`s specifications
subsequent to future subdivision approval. 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: OAR 660-012 implements Oregon Statewide Planning Goal 12. Pursuant to OAR 660-
039-0030, which implements HB 4079 - Affordable Housing Pilot Project, the proposal is exempt
from Goal 12, which includes compliance with the Transportation Planning Rule. This criterion
does not apply.
Nonetheless, the Traffic Impact Analysis that was included with the master plan application
demonstrates that the proposed development (and associated applications) does not have a
significant affect; the associated Transportation Analysis Memo issued by the City of Bend
outlines specific mitigation measures to be implemented upon future subdivision of the property.
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. Thus, the
proposal will not significantly impact a transportation facility as defined in 660-012-0060 and the
proposed concurrent Comprehensive Plan Map and Transportation System Plan Map
amendments comply with the TPR.
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 Parkside Place Master Plan (PLSPD20220717) 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
Parkside Place Annexation
PLANX20220849
Page 14 of 15
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 26 of 35
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: The Bend Comprehensive Plan identifies a 1.77 acre area in the northwest quadrant
of the project site as Residential High Density (RH) and the remainder of the site as Residential
Medium Density (RM). A concurrent Comprehensive Plan Map amendment
(PLCPMA20220715) proposes to change 23.34 acres of the RM-designated land to RS
(Standard Density Residential).
Upon annexation, the current UA zoning will cease to apply, and the zoning map will be
automatically updated with the Parkside Place Master Plan zoning scheme that implements the
applicable Comprehensive Plan Map designation, as amended under PLCPMA20220715. The
applicable criteria are met.
CONCLUSION: Based on the application materials submitted by the applicant, and these
findings which are based on the applicant's narrative addressing the relevant criteria for
approval, the proposed annexation request meets all applicable criteria for City Council
approval.
Parkside Place Annexation
PLANX20220849
Page 15 of 15
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 27 of 35
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PROJECT:
PARKSIDE PLACE
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EXHIBIT F - SIGN DISTRICT MAP AMENDMENT
Delete this figure:
FIGURE 9.50.040. Sign District Map
Type III Major Community Master Plan / Comp Plan Policy Amendment / Comp Plan & TSP Map
Amendments - PLSPD20220717 / PLTEXT20220716 / PLCPMA20220715
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 29 of 35
Insert this figure
FIGURE 9.50.040. Sign District Map
<callout and hatching for clarity only>
Type III Major Community Master Plan / Comp Plan Policy Amendment / Comp Plan & TSP Map
Amendments - PLSPD20220717 / PLTEXT20220716 / PLCPMA20220715
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 30 of 35
<Map for clarity only — not for incorporation into code>
Type III Major Community Master Plan / Comp Plan Policy Amendment / Comp Plan & TSP Map
Amendments - PLSPD2O22O717 / PLTEXT2O22O716 / PLCPMA2O22O715
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 31 of 35
Exhibit G
After Recording Return To:
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
AND CONTRACT UNDER ORS 456.270 TO 456.295
This declaration of covenants, conditions and restrictions ("Declaration") is made by
, an Oregon , ("Declarant").
RECITALS
A. Declarant is the Owner of all the real property described as:
(the
"Property").
B. The City of Bend ("City") was selected, under House Bill 4079, as a qualifying
city for a pilot project site on the Property. The City intends to expand its urban growth
boundary ("UGB") and annex Declarant's property into the UGB within two years of the
acknowledged urban growth boundary amendment.
C The City has a need for additional affordable housing beyond what is or can be
provided within the existing UGB. A requirement of the HB 4079 selection process was
that the City would adopt measures to ensure that affordable housing development on the
pilot project site remains affordable for at least 50 years after the selection of the site.
D. Declarant has committed to ensuring that a portion of the Property will be
developed with affordable housing when the Property is included in the UGB expansion
under House Bill 4079.
E. Declarant and City agree that because this Declaration is enforceable by the
City, it constitutes a contract made by a public body and therefore is a "subsidy" as that
term is defined in ORS 456.270(6)(a). Declarant and City agree that this affordable
housing covenant contains a Third -party right of enforcement in the City, as defined in
ORS 456.270(7).
F. The Property shall be held, transferred, sold, conveyed, and occupied subject to
the terms of this Declaration and the following covenants, conditions, restrictions and
easements, which shall run with the land, which shall be binding on all parties having or
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 32 of 35
acquiring any right, title, or interest in the Property or any part thereof, and may be
enforced by the City as an eligible covenant holder under ORS 456.270 to 456.295.
DECLARATION:
1. Affordable Housing Definition. "Dwelling unit" means a single unit providing
complete, independent living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
"Affordable housing unit" means a dwelling unit that is affordable to households
earning up to a specified percentage of the Bend Area Median Income (i.e. 80%
AMI), as defined by the most recent published Federal Department of Housing
and Urban Development (HUD) income limits for the Bend -Redmond
Metropolitan Statistical Area (Bend MSA).
As used in this section, "affordable housing unit for rent" means housing costs
are affordable to persons at or below 80% of Area Median Income, and
"affordable housing unit for sale" means housing costs are affordable to persons
at or below 80% of Area Median Income, as defined by HUD for the Bend MSA.
In the case of an "affordable housing units for sale", housing costs include
mortgage, amortized interest, taxes, insurance, and condominium or association
fees, if any, at no more than 30 percent of the household's gross household
income.
In the case of an "affordable housing unit for rent", housing costs include rent and
utilities, at not more than 30 percent of the household's gross household income.
2. Affordable Housing Requirement. The sale and subsequent resales of any
affordable housing unit developed to meet the requirements under this section
shall include a deed restriction requiring that it shall remain affordable (as defined
in Section 1, above) while this Declaration remains in effect.
a. At least 138 of the housing units on the Property will be developed as
deed restricted affordable housing.
b. The affordable housing requirement does not apply to market rate housing
units.
3. Planning Requirement. The number, location, and type of affordable housing
units, and binding agreements with affordable housing providers to construct the
affordable housing units, shall be specified in land use decisions preceding the
issuance of any building permits on the Property, to demonstrate the terms of this
Declaration will be met. Land use decisions include, but not limited to, Land
Divisions and Site Plans.
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 33 of 35
4. Phasing Requirement. The affordable housing requirement shall be met in
proportion to the development of the Property as specified by this section.
Percentages of development on the Property are measured by the numbers of
dwelling units specified in land use decisions in Section 3. The project phasing and
construction will be planned and approved as follows:
a. 50% Checkpoint - Prior to the City issuing a Certificate of Occupancy or
Building Final Inspection for the 174t" dwelling unit, Hayden Homes must document
that at least 70 Affordable Housing Units have been issued Certificates of Occupancy.
b. 75% Checkpoint - Prior to the City issuing a Certificate of Occupancy or
Building Final Inspection for the 260t" dwelling unit, Hayden Homes must document
that at least 139 Affordable Housing Units have been issued Certificates of
Occupancy.
5. Term of Declaration and Covenants, Conditions and Restrictions. This
Declaration is effective for a term of fifty years following the effective date of the
annexation of the Property to the City, March , 2023, including after the resolution
of land use appeals if any, without regard to the term of any mortgage or deed, or the
transfer of ownership.
6. Foreclosure by Lender. This Covenant will automatically expire upon foreclosure
by a lender or other transfer in lieu of foreclosure. The affordability period shall be
suspended if the foreclosure by a lender or other transfer in lieu of foreclosure
recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or
others to take actions that would avoid termination of low-income affordability.
However, if at any time following transfer by foreclosure or transfer in lieu of
foreclosure, but still during the term of the affordability period as determined above,
the owner of record prior to the foreclosure, or any newly formed entity that includes
the former owner or those with whom the former owner has or had family or business
ties, obtains an ownership interest in the project or property, the affordability period
shall be revived to its original terms.
7. Transfer, Leasing and Subletting. No transfer, including any assignment,
lease or sublease of any unit developed as an affordable housing unit under this
Declaration shall be at a price or rate that does not meet the affordability
standard of Section 1. If a unit developed as an affordable housing is rented to
two or more tenants or subtenants, the total rent charged shall be at a rate that
meets the affordability standard of Section 1.
8. Waiver. The failure by City or other beneficiary of this Declaration at any time to
require strict performance of any provision of this Declaration shall not be a
waiver of or prejudice the right to subsequently enforce that provision or any
other provision of this Declaration.
9. Severability. Invalidation of any one of these covenants, conditions, or
restrictions by judgment or court order shall not affect the other provisions and
the same shall remain in full force and effect.
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 34 of 35
10. Run with the Land/Successor Interest. This Declaration is appurtenant to, and
the covenants, conditions, and restrictions of this Declaration shall run with and
bind the land. It is binding on all parties having or acquiring any right, title, or
interest in the Property or any part thereof.
12. Recitals. The recitals are incorporated into and made a part of this Declaration.
13. Enforcement. Monetary damages would not be an adequate remedy because
an award of monetary damages would not further the identified need of providing
affordable housing. The parties agree that specific enforcement and other
equitable relief is appropriate to enforce the provisions of this Declaration. The
City has a Third -party right of enforcement of this Declaration.
DECLARANT
Date:
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on
of
as
Notary Public for Oregon
ACCEEPTED AND AGREED TO BY THE CITY OF BEND
Date:
STATE OF OREGON
County of Deschutes
This instrument was acknowledged before me on
as
Notary Public for Oregon
of
by
QI
EXHIBIT "B" - ORDER NO. 2023-022
PAGE 35 of 35