2023-325-Order No. 2023-036 Recorded 10/18/2023*
REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2023-325
Steve Dennison, County Clerk
Commissioners' Journal 10/18/2023 9:40:52 AM
iiumiiinuimuuiuun
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Order Approving Pahlisch Homes annexation
into Bend Park & Recreation District * ORDER NO. 2023-036
*
WHEREAS, Pahlisch Homes ("Petitioner") submitted a petition requesting annexation of the
properties identified in Exhibit A in the petition attached to this Order, into Bend Park & Recreation
District ("District"); and
WHEREAS, the Deschutes County Clerk's Office and Assessor's Office verified that the
petition was signed by a registered voter or a landowner, respectively, for the property as indicated in
Exhibit B in the petition attached to this Order; and
WHEREAS, pursuant to ORS 198.857(4), the Deschutes County Community Development
Department coordinated with the city of Bend as the property is located within the Bend urban growth
boundary, regarding the land use compatibility statement in Exhibit C in the petition attached to this
Order; and
WHEREAS, Oregon Department of Revenue reviewed the petition and granted preliminary
approval, as indicated in Exhibit D in the petition attached to this Order; and
WHEREAS, the Board held a duly noticed public hearing on October 11, 2023, to determine
whether, in accordance with the County Comprehensive Plan, any applicable service agreement
between a local government and the affected district, and the criteria prescribed by ORS 197.175, the
affected area would benefit by annexation of said territory into the District; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDAINS as follows:
Section 1. The petition for annexation and all exhibits attached to this Order are hereby
incorporated by reference.
Section 2. The petition for annexation is hereby approved, and the property identified in
Exhibit A is declared annexed and included in the District.
Section 3. A copy of the signed Order will be forwarded to the Oregon Department of
Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office and
County Clerk's Office, and the District.
PAGE 1 OF 2- ORDER NO. 2023-036
i
Section 4. The purpose of this District is to provide park & recreation services.
Dated this 1 ) day of , 2023.
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDER NO. 2023-036
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, CHAIR
PATTI ADAIR, VICE CHAIR
PHIL CHANG, COMMISSIONER
Order 2023-036 EXHIBIT A
PETITION TO ANNEX PROPERTY INTO
Bend Park and Recreation District
(Name of District)
To: The Board of County Commissioners, Deschutes County, Oregon
The undersigned, in support of this Petition, state as follows:
1. This Petition for Annexation is filed pursuant to ORS 198.850 to 198.859 on September 8, 2023
(date) and Petitioners request the Board commence proceedings to annex the/ territory
described herein into Bend Park and Recreation District (name of district),
Deschutes County, Oregon.
2, This Petition for Annexation affects only Deschutes County and is not in any incorporated city
limits.
3. The Board of Bend Park and Recreation District
,(name of district)
approved the petition pursuant to ORS 198.850 on September 7.2023 insert date).
4. The principal act for Bend Park and Recreation District (name of district) is ORS
Chapter 266
(Proper statutory reference required, see ORS 198.010 for listing of appropriate principal act)
5. The territory subject to this Petition for Annexation is primarilyuninhabited (circle
one). This petition is signed by land owners and/or registered voters 1 area proposed to be
annexed as indicated opposite their respective signature, and all signatures were obtained on
or after the August, 9, 2023 day of, 2023.
6. The property street address(es) of land for annexation (if known) is/are See attached list
and the total acreage
is —153.61 . A description of the boundaries of the territory to be annexed is
attached hereto as Exhibit "A" and depicted on the map attached as Exhibit "B".
7. This Petition has been signed by at least 15 percent of the electors, or 100 electors whichever
number is lesser, registered in the area proposed to be annexed; or at least 15 owners or
owners of 10 percent of the land, (whichever is greater) within the area proposed to be
annexed.
8. A security deposit form and payment is attached to this petition.
Signature
0110 203by Pahlisch Homes, Inc. , ChiefPetitioner(s).
210 SW Wilson Ave. #100, Bend, OR 97702
Address, City, State, ZIP
DATED this 1 44'day of ;xoOki %'r ,20 a3 DATED this day of ,20_
Approve by the Bga,tr( } 4 � Y AO"; , rG (if applicable) Approved by City of
Nam f Dis/tct 1
rt .4. „�11 ,f)).t✓a\
District §tgnature
By: ) t I) 1-(v, (-t;,
(Print Name)
Title: PJ(P_ci&Pte.e., Dirti:Ivv
City Signature
By:
(Print Name)
Title:
rev 05/17
Deschutes County Legal Counsel, 1300 N.W, Wall St., Ste. 205, Bend, OR 97703; FAX 541-617-4748; Icgalcounscl®dcschutcs.org
Order 2023-036 EXHIBIT A
Property Street Addresses of Land for Annexation into Bend Park and Recreation District
1. 63700 Crooked Rocks Road, Bend, OR 97703
2. 63678 Crooked Rocks Road, Bend, OR 97703
3. 63660 Berg Lane, Bend, OR 97703
4, 63765 Berg Lane, Bend, OR 97703
5. 63775 Berg Lane, Bend, OR 97703
6. 20380 Cooley Road, Bend, OR 97703
7. 20522 Loco Road, Bend, OR 97701
8. No Situs Address (Map/Tax Lot 171209D000093)
ENGINEERING & FORESTRY
Order 2023-036 EXHIBIT A
AKS ENGINEERING & FORESTRY, 11C
2777 NW Lo IoDriv Q Sui tASO, Ben cjOR 9i :K)3
P: (541) 31 /-8429 I www.aks-eng.com
AKSJ ttn3
OFFICES IN: BEND, OR - KE1ZER, OR - TUALATIN, OR - VANCOUVER, WA
EXHIBIT Al
BPRD ANNEXATION
Parcels 2 and 3 of Partition Plat 1993-62, other lands, and road rights -of -way located in the
Southeast Quarter of Section 8, the Southwest Quarter, the Northwest Quarter or the Southeast
Quarter, and the Southeast Quarter of the Northwest Quarter of Section 9, Township 17 South,
Range 12 East, Willamette Meridian, Deschutes County, Oregon, and being more particularly
dcscribcd as follows:
Beginning at the southeast corner of said Section 8; thence along the southerly line of said Section
8, South 89°58'28" West 399.68 feet to the easterly line of the lands described in Volume 201,
Page 1645, recorded January 29, 1990, Deschutes County Official Records; thence along said
easterly linc. North 00°01 '34" East 597.37 feet to the easterly line of the lands described in Volume
201, Page 1644, recorded January 29, 1990, Deschutes County Official Records; thence along said
easterly line, North 00°03'03" West 659.34 feet to the northerly line of said Volume 201, Page
1644; thence along said northerly line, South 70°46'47" West 46.96 feet to the southerly line of
Parcel 3 of Partition Plat 1993-62, recorded December 3, 1993, as Instrument Number 1993-
043317, Deschutes County Official Records; thence along said southerly line, South 71 °25'55"
West 924.47 feet to the westerly boundary of said Partition Plat 1993-62; thence along said
westerly boundary, North 00°01'20" East 1199.11 feet to the westerly prolongation of the
southerly line of Parcel 1 of said Partition Plat 1993-62; thence along said prolongation and said
southerly line, South 89°59'42" East 876.68 feet to the easterly line of said Parcel 1; thence along
said easterly line, North 00°03'02" East 496.66 feet to the north line of said Southeast Quarter of
Section 8; thence along said north line, North 89°58'30" East 445.20 feet to the Quarter corner
common to said Sections 8 and 9; thence along the north line of said Southwest Quarter of Section
9, North 89°35' 12" East 1377.46 feet to the southerly prolongation of' the easterly right-of-way of
(funnel Road (30.00 feet from centerline); thence along said prolongation, North 0l °49'02" West
3.93 feet to the south line of the unrecorded plat o(' "Rock 0' The Range Homcsites", filed as
Deschutes County Survey 09630; thence along said south line, North 89°46'03" East 1243.59 feet
to the Center Quarter corner of said Section 9, being a scribed 'X' in stone outcrop, also being the
northwest corner of the lands described as Parcel 2 of Instrument Number 2020-01341. recorded
January 10, 2020, Deschutes County Official Records; thence along the northerly line of said
Parcel 2, North 89°48'36" East 7.77 feet to the westerly line of the lands described as Parcel 5 of
Instrument Number 2020-71618, recorded December 31, 2020, Deschutes County Official
Records; thence along said westerly line, South 00'17'53" East 18.05 feet to the southerly line of
said Parcel 5; thence along said southerly line of Parcel 5, South 89°57'27" East 87.13 feet to the
easterly line of Parcel 2 of said Instrument Number 2020-01341; thence along said easterly line,
South 00°28'03" East 121.53 feet to the westerly right-of-way line of Clausen Drive; thence along
said westerly right-of-way linc on the following courses: South 19°23'07" West 1178.55 feet;
thence along a curve to the right with a Radius of 232.47 lest, Central Angle of 17°21'33", an Arc
I.ength of 70.43 feet, and a Chord of South 28°03'54" West 70.16 feet; thence South 36°44'40"
West 22.58 feet to the northerly linc of the Southeast Quarter of the Southwest Quarter of said
Order 2023-036 EXHIBIT A
Section 9; thence along said northerly line, South 89°46'41" West 963.85 feet to the westerly line
of said Southeast Quarter of the Southwest Quarter of Section 9; thence along said westerly line,
South 00°12'40" East 1325.65 feet to the southerly line of said Section 9; thence along said
southerly line, South 89°58'03" West 1322.31 feet to the Point of Beginning.
EXCEPTING THEREFROM:
"['he lands described in Instrument Number 2012-08626, recorded March 12, 2012, Deschutes
County Official Records, more particularly described as follows:
Commencing at the Southwest corner of said Section 9, thence along the south line of said Section
9, North 89°58'03" East 463.18 feet to the southerly prolongation of the easterly right-of-way line
of Berg Lane; thence along said southerly prolongation, North 00°02' 12" East 41.43 feet to the
northerly right-of-way line of Cooley Road (varying in width from centerline), and the Second
Point of Beginning; thence continuing along said easterly right-of-way line of Berg Lane (30.00
feet from centerline), North 00°02'12" East 555.29 feet to the southerly line of the lands described
in Instrument Number 2022-5406, recorded February 7, 2022, Deschutes County Official Records;
thence along said southerly line, North 89°59'26" East 819.01 feet to the westerly right-of-way
line of Hunnell Road (30.00 feet from centerline); thence along said westerly right-of-way line on
the following courses: along a curve to the right with a Radius of 5699.58 feet (Radius Point bears
South 86°50'51" West), a Central Angle of 2°56'09", an Arc Length of 292.03 feet, and a Chord
of South 01°41'05" East 292.00 feet; thence South 00°13'01" East 233.29 feet; thence South
43°50'32" West 13.62 feet to said northerly right-of-way line of Cooley Road; thence along said
northerly right-of-way line, South 88°34'18" West 819.65 feet to the Point of Beginning.
The above described tract of land contains 153.61 acres, more or less.
The basis of bearings for this description are based on Dcschutes County Survey 20962, filed
November 4, 2022.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
MAY 11. 2021
JACOB ALLEN CARSON
94570PLS
—RENEWS: 12/51/25
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Order 2023-036 EXHIBIT A
NAME OF DISTRICT: Bend Park and Recreation District fl Withdrawal ® Annexation
PRINT' NAME
Joshua C. Gallagher
Print Name
Signature
Tamara Gallagher
Print Namc
Pahlisch Homes at North Triangle LP
Print Name
DATE
SIGNED
Date
Date
Date
PROPERTY ADDRESS/
RESIDENCE ADDRESS
(If Different)
63700 Crooked Rocks Rd., Bend, OR 97703
PROPERTY ADDRESS
LANDOWNER
IN ME
PROPOSeO
TERRITORY/
REOISTEREV
VOTER IN
THE PROPOSED
TERRI rORY
—rendowner
RESIDENCE ADDRESS (If Different)
63678 Crooked Rocks Rd.. Bend. OR 97703
PROPERTY ADDRESS
RESIDENCE ADDRESS (If Different)
63678 Crooked Rocks Rd.. Bend, OR 97703
PROPERTY ADDRESS
RES.DENCE ADDRESS j.LDUruent)
63765 Berg Ln., Bend, OR 97703
PROPERTY ADDRESS
Mt63775 Berg Ln.. Bend, OR 97703
n PROPERTY ADDRESS
Dare
�.a.' X 1 31t1„ni ock'\
RESIDENCE ADDRESS (If Different)
Yes
Yee
No
Pre
Landowner
Yca_y�
No
Acreage
Registered Voter
Yes
No
Pro
Landowner
Yes__ X_
No
Acreage
Regbtered Voter
Yee
No
Pre
Leodowner
Yes_
No
Acreage _
Registered Voter -
Yes
No
PTO
Land awn er
Yw_, X
No
Acreage
Regtttered Voter
No
Pro
OFFICIAL STAMP
KIMBERLY ANN WALKER
NOTARY PUEILIC - OREGON
COMMISSION NO. 1031381
MY COMMISSION EXPIRES NOVEMBER 30, 2026
Order 2023-036 EXHIBIT A
NAME OF DISTRICT: Bend Park and Recreation District
(iiiiiiils-kinoti nuif)
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PROPERTY ADDRESS
RESIDENCE ADDRESS
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63678 Crooked Rocks Rd., Bend, OR 97703
PROPERTY ADDRESS
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Robert Gall
Print Name
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RESIDENCE ADDRESS (If Different)
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63678 Crooked Rocks Rd., Bend, OR 97703
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Lisa L. Mack
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Order 2023-036 EXHIBIT A
OFFICIAL STAMP
SAMUEL RICHARD FORD
NOTARY PUBLIC - OREGON
COMMISSION NO. 1026060
MY COMMISSION EXPIRES JULY 13, 2026
Mated this petition, and every person who signed this petition did so
in my presence. Signature:
County of V Ghw1 v State of O bye
SUnscutu D AND SWORN before me this 1� day of S B f'{trn 1vel( 20 1-3
Notary Public for Oregon._.- 6°0'0%1'4Sto.in I074°,bU My Commission Expires: -114I1 13
Signature
(affix notary stamp)
2oz6
Order 2023-036 EXHIBIT A
s
NAME OF DISTRICT: Bend Park and Recreation District
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PROPERTY ADDRESS:
RESIDENCE ADDRESS
(lf Different)
63700 Crooked Rocks Rd., Bend. OR 97703
PROPERTY ADDRESS
RESIDENCE ADDRESS (If Different)
L 63678 Crooked Rocks Rd.. Bend, OR 97703
PROPERTY .ADDRESS
RESIDENCE ADDRESS (It -Different)
63678 Crooked Rocks Rd., Bend. OR 97703
PROPERTY ADDRESS
RESIDENCE ADDRESS Of Different)
63765 Berg Ln., Bend; OR 97703
PROPERTY .ADDRESS
RESIDENCE .ADDRESS (If Different)
63775 Berg Ln.. Bend. OR 97703
PROPERTY .ADDRESS
RESIDENCE ADDRESS (!f Different)
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PRINT NAME
Robert Gallaher
Tamara Gallagher
Lisa L. Mack
Print Name
Signature
Order 2023-036 EXHIBIT A
' in ifly presence. Signature:
OFFICIAL STAMP
SAMUEL RICHARD FORD
NOTARY PUBLIC - OREGON
\17/ COMMISSION NO. 1026060
MY COMMISSION EXPIRES JULY 13. 2028
,rirculated this petition, and every person Who signed this petition did so
County of 0e5Gt..%-vrtS, State of. OgPoon
SURSCR MED AN1) SWORN before me this ..„.,1:_./f/I,Jirky of SeRvienswer 20 33
<otnt%Msr-en WO . 1 era40 o
My Commission Expires: -51"1 13r 2
Notary Public thr Oregon
Signature
(affix notary stamp)
Order 2023-036 EXHIBIT A
jJ Withdrawal ® Annexation
Bend Park and Recreation District
NAME OF DISTRICT:
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Order 2023-036 EXHIBIT A
OFFICIAL STAMP
SAMUEL RICHARD FORD
NOTARY PUBLIC - OREGON
COMMISSION NO. 1026060
MY COMMISSION EXPIRES JULY 13. 2026
circulated this petition, and every person who signed this petition did so
County of Oesch' is Statc of DY1
SUBSCNIHIIU AND StPQItN before me this 1\ day of, 5erY@mki'r( . 20Z3
Notary Public for Oregon__-- Cer""S C(% 00, 10 t O(O My Commission l.xpires: Ey 1 3�
Signatur
(atlix noltuy stamp)
Order 2023-036 EXHIBIT A
® Annexation
NAME OF DISTRICT:
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PROPERTY ADDRESS
RESIDENCE ADDRESS (If Different)
63660 Berg Ln., Bend, OR 97703
PROPERTY ADDRESS
RESIDENCE ADDRESS (If Different)
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Order 2023-036 EXHIBIT A
OFFICIAL STAMP
SAMUEL RICHARD FORD
NOTARY PUBLIC • OREGON
COMMISSION NO. 1026060
MY COMMISSION EXPIRES JULY 13, 2026
;tIhued this petition, and every person who signed this petition did so
in my presence, Signature:
County or..... tie54-10,,Ar eof ON on,
SIMSCRIFIED AND SWORN before tilt this 1,_day of SQ P b"tr 20Z3
Notary Public for Oregon_ ("v'Sir°0 00. 10140 6 My Commission Expires: 1-111 i3i 7G
Signaluy
(atll��lxxat'y sunnpl
Order 2023-036 EXHIBIT A
® Annexation
Bend Park and Recreation District
NAME OF DISTRICT:
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Order 2023-036 EXHIBIT A
OFFICIAL STAMP
SAMUEL RICHARD FORD
NOTARY PUBLICOREGON
COMMISSION -
v�D
026060
MY COMMISSION EXPIRES JULY 13.2026
titq I circulated this petition, and every person who signed this petition did so
County of ?e6Ct.s+O.Sm__._...._.. __.._ State of 0W)90Y1
Stinsc xnttit) \NI) Swede: before me this 114` day of Fee Pt cm, bite; 20 t3
Notary Public for Oregon(,bw)+*"."t °4\..._ • t nZ 6 0 6 0 My Commission Expires: 411 13 ,
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Signature -' =�� (affix notary stamp)
Order 2023-036 EXHIBIT A
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No
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Registered Voter
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No
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Acreage
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Yes
No
Pre
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Yes
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PRINT NAME DATE PROPERTY ADDRESS/
SIGNED RESIDENCE ADDRESS
(If Different)
Ryan Bell 63775 Berg Ln.. Bend, OR 97703
Print Name PROPERTY ADDRESS
Date
Signature RESIDENCE ADDRESS (If Different)
2 ' !
Kudo Investments, LLC s 63660 Berg Ln., Bend, OR 97703
j Print Name PROPERTY ADDRESS
Date
Signature RESIDENCE ADDRESS (If Different)
3 Reorganized Church of Jesus Christ of
Latter Day Saints 20380 Cooley Rd., Bend, OR 97703
crp 3, PROPERTY ADDRESS
D tc
RESIDENCE ADDRESS (If Different)
4
Jelinda S. Carpenter Survivors Trust 20522 Loco Rd., Bend, OR 97701
Print Name PROPERTY ADDRESS
Date
Signature RESIDENCE ADDRESS If Different)
5 1
John B. McGilvary Revocable Living Trust 20522 Loco Rd., Bend, OR 97701
Print Name PROPERTY ADDRESS
Date
Signature RESIDENCE ADDRESS (If Different)
Order 2023-036 EXHIBIT A
OFFICIAL STAMP
SAMUEL RICHARD FORD
NOTARY PUBLIC • OREGON
COMMISSION NO. 1026060
MY COMMISSION EXPIRES JULY 13, 2028
rculatcd this petition, and every person who signed this petition did so
in my presence. Signature:
County of PeS(wt+nS State of o!'t,2
SuoscRIBED AND SwukN hcrorc me this _ 1 day ot'._.__....SCPoFCrh bty,
Notary Public for Oregon,_ Cdrr0A Y$TBh NO 1 v74 06 5
Signature
,20Z3
My Commission I.:xpires: J ' 14
tof$i notary staj p)
Order 2023-036 EXHIBIT A
El Annexation
Bend Park and Recreation District
NAME OF DISTRICT:
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LANDOWNER
IN THE
PROPOSED
TERRITORY
REGISTERED
VOTER L\
THE PROPOSED
TERRITORY
...
Landowner
Yc X
No
Acreage
Reftistered Voter
Yes
No
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PROPERTY ADDRESS/
RESIDENCE ADDRESS
(If Different)
63775 Bero Ln.. Bend. OR 97703
PROPERTY .ADDRESS
RESIDENCE ADDRESS (If Different)
63660 Berg Ln., Bend, OR 97703
PROPERTY ADDRESS
RESIDENCE .ADDRESS (If Different)
20380 Cooley Rd., Bend, OR 97703
PROPERTY ADDRESS
RESIDENCE ADDRESS (If Different)
20522 Loco Rd., Bend, OR 97701
PROPERTY ADDRESS
RESIDENCE ADDRESS (If Different)
20522 Loco Rd.. Bend, OR 97701
PROPERTY ADDRESS
RESIDENCE ADDRESS (It Different)
PRINT NAME DATE
SIGNED
Ryan Bell
Print Name
S4.mature Date
Kudo investments, LLC
Print Name
Date
Sienature
3 Reorganized Church of Jesus Christ of
Latter Day Saints
Print Name
Date
Signature
Jelinda S. Carpenter Survivors Trust
Print Name
Date
Sionature
5
John B. McGilvar Revocable Livin. Trust III
Date
Order 2023-036 EXHIBIT A
6\t_, \-\
in tuy presence. Signature:
-o*
-J4
MY COMMISSION EXPIRES JULY 13, 2026
OFFICIAL STAMP
SAMUEL. RICHARD FORD
NOTARY PUBLIC - OREGON
COMMISSION NO. 1626060
I circulated this petition, and every person Who signed this petition did so
County of �P5Ot.tS tatoof or es OY1
Sunsckutcu AND Swt»rr before Inc this day of seNkrt, be I , 20 23
Notary Public for Oregon (O'M I*TSS; Oh ilr0 • I 07 (do (e O
Signatnrc,; y
My Commission Expires: '411 (3, 2
(affix notary stantpj
Order 2023-036 EXHIBIT A
Security Deposit
Special District Formation or Reorganization
El Formation [I] Annexation
SEL 704
rev 01/18
ORS 198.775
Ei Withdrawal fl Dissolution
District and Precinct Information
Name of District
Bend Park and Recreation District
Number of Precincts in District I Amount of Deposit per Precinct I Total Deposit (max of $10,000)
Chief Petitioners
I/We hereby declare if the costs of the attempted formation annexation, withdrawal or dissolution of
Bend Park and Recreation
deposit, I/we will pay to the county treasurer the amount of the excess cost (ORS 198.775)
Name print
Pahlisch Homes, Inc.
Residence
Mailing Address if different
district exceeds the
210 SW Wilson Avenue, Suite 100
City I State Zip Code City State Zip Code
Bend OR 97702
Amount of Contribution/Value of Secured Deposit Kind of Contribution*
0 Cash ID Bond ID Other Security Deposit
Name print
Residence
City
Signature
Mailing Address if different
State 1 Zip Code City
Amount of Contribution/Value of Secured Deposit
Name print
Residence
IState I Zip Code
Kind of Contribution*
Cash IQ Bond 10 Other Security Deposit
Signature
Mailing Address if different
City I State I Zip Code I City 1- State I Zip Code
Amount of Contribution/Value of Secured Deposit
Continued on the reverse side of this form
Kind of Contribution*
EJ Cash E Bond
ID Other Security Deposit
Order 2023-036 EXHIBIT A
Person/Organizations Providing Any Part of Cash/Security Deposit
Name AKS Engineering
print _ Forestry Signature
Mailing Address if different
Residence
2777 NW Lolo Drive, Suite 150
City
Bend
IState I Zip Code City
OR 97703
1 State —I Zip Code
Amount of Contribution/Value of Secured Deposit
$100
Kind of Contribution*
® Cash I Q Bond
10 Other Security Deposit
Name print
I
Signature
Residence
I
Mailing Address if different
City f State ( Zip Code
I
City
I State I Zip Code
Amount of Contribution/Value of Secured Deposit
Kind of Contribution*
❑ Cash Q Bond
I ■ Other Security Deposit
Name print
Signature
Residence
City
1 State I Zip Code
I Mailing Address if different
I City State —I Zip Code
Amount of Contribution/Value of Secured Deposit
Additional Description
"Provide additional description of security deposit below, on the back of this form or on separate sheets. Additional contributors
may be listed on separate sheets and attached.
$100 check payable to Deschutes County.
Kind of Contribution'
❑ Cash I ® Bond I Q Other Security Deposit
TES
0)
w
0
September 12, 2023
Steve Dennison
Deschutes County Clerk
Order 2023-036 EXHIBIT B
DESCHUTES COUNTY ASSESSOR'S OFFICE
CARTOGRAPHY DEPARTMENT
1300 NW Wall Street, Suite 204 I Bend, Oregon 97703
Office: (541) 388-6508 1 Fax: (541) 382-1692
Website: https://www.deschutes.orq/assessor
Property Info: https://dial.deschutes.org/
Re: Petition for Bend Park & Recreation District ( PAHLISCH HOMES AT NORTH TRIANGLE LP ETAL)
Please be advised the attached petition meets the requirements of ORS 198.
Sincerely,
Gregg Rossi I Chief Cartographer
Deschutes County Assessor's Office, Cartography Dept.
1300 NW Wall St. Suite 204 I Bend, Oregon 97703
PO Box 6005 I Bend, Oregon 97708
Tel: (541) 617-4703 I Fax: (541) 382-1692
Enhancing the lives of citizens by delivering quality services in a cost-effective manner.
Order 2023-036 EXHIBIT B
County Clerk
Petition for Annexation to
Bend Park and Recreation District
Clerk's Certification
I, Steve Dennison, Deschutes County Clerk, do hereby certify that
the number of registered voters at the addresses listed in the
petition are as follows:
• Taxlot 171208D000201, 63700 CROOKED ROCKS RD, BEND, OR 97703
2 Active Registered Voters
• Taxlot 171208D000202, 63678 CROOKED ROCKS RD, BEND, OR 97703
3 Active Registered Voters
• Taxlot 171208D000102, 20380 COOLEY RD, BEND, OR 97703
0 Active Registered Voters
• Taxlot 171208D000100, 63775 BERG LN, BEND, OR 97703
1 Active Registered Voter
• Taxlot 171208D000101, 63765 BERG LN, BEND, OR 97703
0 Active Registered Voters
• Taxlot 171209C000200, 63660 BERG LN, BEND, OR 97703
1 Active Registered Voter
• Taxlot 171209C000100, 20522 LOCO RD, BEND, OR 97701
0Active Registered Voters
• Taxlot 171209D000093, **NO SITUS ADDRESS**
0Active Registered Voters
Dated this l4th day of September, 2023.
Steve Dennison
Deschutes County Clerk
) 38'J ri ,/• ut.Ap..(t,).: A ,;):(., cm; I (5/, i) 388 65c,() • !o: c; tiu t)Ld;dcSci:ule5 u y
VVWW 01 (J/( c'l
ES
Order 2023-036 EXHIBIT C
COMMUNITY DEVELOPMENT
TO: Deschutes County Board of Commissioners
FROM: Will Groves, Planning Manager
DATE: September 14, 2023
SUBJECT: Land Use Compatibility for Annexation, Various Lots Described Herein - Bend Park &
Recreation District
The materials contained in the petition propose to annex lands to the Bend Park & Recreation
District. Specifically:
1. 63700 Crooked Rocks Road, Bend, OR 97703
2. 63678 Crooked Rocks Road, Bend, OR 97703
3. 63660 Berg Lane, Bend, OR 97703
4. 63765 Berg Lane, Bend, OR 97703
5. 63775 Berg Lane, Bend, OR 97703
6. 20380 Cooley Road, Bend, OR 97703
7. 20522 Loco Road, Bend, OR 97701
8. No Situs Address (Map/Tax Lot 1712090000093)
I have coordinated with the City of Bend and confirmed that there are no planning or zoning
obstacles to the proposed annexation in County or City regulations. The City of Bend commented
regarding this property:
Thanks for your email regarding the petition for annexation from Pahlisch Homes. The eight
(8) properties included in this petition are located within the Bend urban growth boundary
(UGB) and currently zoned UA, Urbanizable Area. All eight were included in the UGB in 2016
in what is referred to under the Bend Comprehensive Plan as the North Triangle expansion
area (See Chapter 11, Growth Management). The same eight properties are the subject of a
major community master plan application under review by the City, PLSPD20230175. You
will find the Planning Commission's order and recommendation attached, including the
application of plan designations under the Comprehensive Plan Map.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
'$; (541) 388-6575 @cdd@deschutes.org www.deschutes.org/cd
Order 2023-036 EXHIBIT C
PLANNING COMMISSION
RECOMMENDATION TO THE CITY COUNCIL
PROJECT NUMBER: PLSPD20230175
HEARING DATE: September 20, 2023
APPLICANT: Pahlisch Homes, Inc.
210 SW Wilson Ave #100
Bend, OR 97702
COMMUNITY
DEVELOPMENT
OWNERS: Pahlisch Homes at North Triangle LP and others
(see owner list on Exhibit A of application)
PLANNING/ AKS Engineering & Forestry, LLC
ENGINEERING: 2777 NW Lolo Drive, Suite 150
Bend, OR 97703
TRANSPORTATION: Joe Bessman, PE
Transight Consulting, LLC
LOCATION:
REQUEST:
STAFF REVIEWERS:
East of Highway 20, west of Highway 97, north of Cooley
Road, within the North Triangle Urban Growth Boundary
Expansion Area
Deschutes County Assessor's Map:
Map 17 12 08D0 Tax Lots 100, 101, 102, 201, 202
Map 17 12 09C0 Tax Lots 100, 200
Map 17 12 09D0 Tax Lot 93
Type III Quasi-judicial amendment to Bend Development
Code Chapter 2.7, Special Planned Districts, to create the
Caraway Master Planned Development; a 149.88-acre Major
Community Master Plan, with a mix of residential, commercial,
mixed -employment and Tight industrial uses, including
approximately 17.6 acres of open space.
Karen Swenson, AICP, Senior Planner
(541) 388-5567; kswensonc bendoregon.gov
Chris Henningsen, PE, Principal Engineer
(541) 693-2134, chenningsen(a�bendoregon.gov
Order 2023-036 EXHIBIT C
APPLICABLE REVIEW CRITERIA, STANDARDS AND PROCEDURES:
Bend Development Code (BDC)
Criteria
Chapter 4.5, Master Plans
Standards
Chapter 2.1, Residential Districts (RS, RM)
Chapter 2.2, Commercial Zoning Districts (CL, CG)
Chapter 2.3, Mixed -Use Zoning Districts (ME)
Chapter 2.4, Industrial Zoning Districts (IL)
Chapter 2.8, Urbanizable Area District (UA)
Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation
Chapter 3.4, Public Improvement Standards
Chapter 4.7, Transportation Analysis
Procedures
Chapter 4.1, Development Review and Procedures
Bend Comprehensive Plan
Chapter 11, Growth Management
Oregon Administrative Rules
Chapter 660 Division 15 - Statewide Planning Goals and Guidelines
FINDINGS OF FACT:
1. LOCATION: The Caraway Master Plan encompasses 149.88 acres of the 181.79-
acre North Triangle Urban Growth Boundary (UGB) Expansion Area. The site is
comprised of eight tax Tots, bounded by Scenic Drive (a local road) to the west, Cooley
Road (a minor arterial) to the south, and Clausen Road (a local road) to the east. To
the north, the Caraway Master Plan area abuts land within the County jurisdiction that
is subdivided into large lots and developed with single -unit homes.
2. SITE DESCRIPTION: The site is relatively flat, and the submitted Existing Conditions
and Ownership Map shows the Swalley Irrigation Canal stretching from the northwest
corner of the Master Plan area (in a southeasterly direction) to the southern boundary
of the Caraway Master Plan area, where it crosses under Cooley Road. About halfway
to the southern boundary of the Caraway Master Plan area, the canal splits and runs
northeasterly to the northern boundary of the Master Plan area. Existing vegetation is
typical of the north side of Bend and includes coniferous trees, primarily juniper, of
varying heights and maturities. There are a number of homes, a church, and
accessory structures spread across the subject property, which will be removed during
construction.
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 2 of 46
Order 2023-036 EXHIBIT C
The Caraway Master Plan includes three segments of unimproved rights -of -way within
the County: Crooked Rocks Road along the western edge, Berg Lane extends north
from Cooley Road, and the portion of Hunnell Road north of Loco Road. The applicant
is in the process of vacating these unimproved rights -of -way through Deschutes
County.
OW
Bend Comprehensive Plan — North Triangle Expansion Area
if ,Y4 +aiwiiw�� r
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uco
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MASTER PLAN
BOUNDARY
17,
- I I r URBAN GROWTH BOUNDARY
2022 Aerial — Caraway Master Plan subject property
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 3 of 46
NORTH TRIANGLE EXPANSION
AREA BOUNDARY
GITY LIMITS
Order 2023-036 EXHIBIT C
3. ZONE AND PLAN DESIGNATION: The Caraway Master Plan is located within the
North Triangle UGB Expansion Area. The Bend Comprehensive Plan (BCP)
designations of the North Triangle include Residential, Commercial, Mixed
Employment and Industrial. Residential zones comprise approximately half of the
property and include Residential Standard Density (RS) and Residential Medium
Density (RM). Commercial zones include Limited Commercial District (CL) and
General Commercial (CG) abutting and just north of Cooley Road. The Industrial zone
designation is Light Industrial (IL) and located in the center and eastern portions of the
property. Finally, the Mixed Employment (ME) zone is located in the center eastern
portion of the property. The current zone of the subject property is Urbanizable Area
(UA).
Comprehensive Plan Designations
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 4 of 46
Order 2023-036 EXHIBIT C
The eight tax lots within the Caraway Master Plan are listed below along with their
address, acreage, and Comprehensive Plan designations:
Table 1: Caraway Master Plan properties
Map and Tax Lot
Address
Acreage
Comprehensive Plan
Designation
171208D000100
63775 Berg Lane
±10.00
RS
171208D000101
63765 Berg Lane
±10.00
RS, RM
171208D000102
20380 Cooley Road
±22.74
RM, CL, CG
171208D000201
63700 Crooked Rocks Road
±9.28
RS
171208D000202
63678 Crooked Rocks Road
±10.23
RS, RM
171209C000100
20522 Loco Road
±33.54
RS, ME, IL
171209C000200
63660 Berg Lane
±39.53
RS, ME, IL
171209D00093
No Situs Address
±0.48
RS
The abutting properties to the east and southeast are located within the city limits and
are zoned General Commercial. The Gateway North Master Plan, which includes both
multifamily and commercial uses, is located to the southwest of the Caraway Master
Plan, south of Cooley Road, and inside the City Limits.
There are four properties outside of the proposed master plan but within the North
Triangle Expansion Area. To the southeast, abutting Cooley Road, is a 10.38-acre
property designated General Commercial. To the southwest are two properties — the
northern 10.76-acre property has a split designation of High Density Residential (RH —
5.0 acres) and Mixed Employment (ME — 5.76 acres) and the southern 11.44-acre
property is designated General Commercial. Finally, a small 0.05-acre property in
northeast corner of the North Triangle Expansion Area abutting Clausen Road is
designated RS and is not within the master plan boundary.
The remaining abutting properties to the west and north are outside of the urban
growth boundary and are zoned Multiple Use Agricultural (MUA-10) and Urban Area
Reserve 10 Acre Minimum (UAR-10) in the County.
4. PROPOSAL: The applicant proposes a Major Community Master Plan to be known as
Caraway located on approximately 150 acres within the 182-acre North Triangle
subarea of the 2016 UGB expansion area, including amendments to both the text and
maps in BDC Chapter 2.7 to provide specific development provisions, maps, and
diagrams of the new districts and roadway and trail network.
The Caraway Master Plan will provide for a mix of residential and commercial uses
including approximately 88 gross acres of residential plan designations that contain
parks and open space, almost 19 gross acres of commercial plan designations, and
approximately 22 gross acres of industrial plan designations, and approximately 20
acres of mixed employment designation. At least ten percent of the master plan area
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 5 of 46
Order 2023-036 EXHIBIT C
will be comprised of open space, including parks, an interconnected trail system and
common area. The development will occur in a series of phases over time dependent
upon market demand and design layout of utilities and road systems within each of
the zoning designations.
Caraway includes rearrangements to the Comprehensive Plan Map placeholder
designations to create a diverse and interconnected community that meets the identified
BCP policies for this area (BCP Chapter 11).
_ J _
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Proposed Master Plan
The key components of the Caraway Master Plan include:
ZONE
RS
• Transportation System Improvements: Subject to the Annexation Agreement,
the planned transportation improvements, combined with the internal circulation
system and street cross -sections, will support the mix of uses within Caraway
while also improving connectivity and functionality of critical transportation
facilities on the north side of Bend.
o Hunnell Road Realignment: Consistent with Bend's Transportation System
Plan (TSP), the realignment of Hunnell Road forms the north -south "spine"
through Caraway and connects rural residential lands to the north to Cooley
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 6 of 46
Order 2023-036 EXHIBIT C
Road and surrounding commercial lands. This new collector street includes
8-foot-wide multiuse pathways along both sides, supporting multiple modes
of transportation.
o Roundabout at Cooley Road and Hunnell Road: A single -lane roundabout at
the gateway into the community will facilitate regional transportation,
provide safe multimodal crossings, and support local access needs.
o Roundabout at Hunnell Road and Loco Road: The single -lane roundabout
at the entrance to the residential portion of the community marks the
transition in uses and will mitigate neighborhood congestion, provide safe
multimodal crossings, and support local access needs.
o Extension of Grandview Drive from Clausen Drive to Hunnell Road: This
new east -west route, built to Industrial Collector standards, will connect
residential and light industrial areas in Caraway to US 97 and the existing
commercial corridor.
o Extension of Loco Road from Hunnell Road to Scenic Drive: This new main
east -west collector separates the residential and commercial areas in
Caraway. Eight -foot -wide multiuse pathways run along both sides, providing
multimodal connections to Hunnell Road and the internal pathway network.
Loco Road's full public connection to Scenic Drive is predicated on the
future annexation of Scenic Drive into the City of Bend, requiring
improvement to Scenic Drive to City of Bend standards by adjacent
landowners with frontage on Scenic Drive. Until Scenic Drive is annexed
into the City in the future, the Loco Road connection will be for emergency
access only.
o Mobility Hub: Construction of a Mobility Hub along the commercial frontage
on Hunnell Road provides a transit pad, shelter, bench, and space for
bicycle parking, rideshare, and transit and shuttle parking. Specifics of the
mobility hub will be determined through the conversation with Cascade East
Transit (CET) during future subdivision and permit review.
• Commercial, Mixed -Use Employment, and Light Industrial Areas: Caraway
includes 18.76 acres of commercial -zoned land, 20.73 acres of mixed -
employment -zoned land, and 22.28 acres of Tight industrial -zoned land, which
ensures employment and commercial services are scaled to serve the needs of
the neighborhood.
• Community Amenities and Trail Network: Caraway will have a centralized private
community center with amenities ranging from swimming pools to lawn games and
firepits. A network of trails winding through Caraway's open spaces and along
designated local and collector streets will provide additional low stress pedestrian
links for residents and visitors to access the community's amenities and planned
features as well as reach adjacent areas outside the Master Plan.
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 7 of 46
Order 2023-036 EXHIBIT C
• Open Space and Neighborhood Park: The Caraway Master Plan preserves 17.6
acres (11.8 percent) as open space, including a new 5.3-acre neighborhood park
located near the center of the community and the North Triangle Expansion Area.
Identified in Bend Parks and Recreation District's (BPRD) 2018 Comprehensive
Plan, this public facility will provide recreational opportunities for individuals of all
ages. The ultimate design will be refined in coordination with BPRD, but the
location will be well connected to the network of trails and multiuse paths
throughout Caraway intended for public and private use.
• Multiple Types of Needed Housing: Caraway includes a mix of housing types that
will implement both the City's Comprehensive Plan policies for the North Triangle
Expansion Area and the City Council's goal to increase the supply of needed
housing —both rental and owner -occupied —across a range of income levels and
price points. Planned housing types include townhomes, urban rear -loaded homes,
traditional front -loaded homes, village homes, and larger -lot single -level homes.
Many of these housing types constitute the so-called "missing middle" that sits
between detached single -unit homes and mid -rise apartments. Caraway will also
provide 77 units of affordable housing as required per Comprehensive Plan
Policies 11-146 and 11-147.
The proposed North Triangle Land Use Plan (Attachment C) encompasses the
Caraway Master Plan and includes four additional properties: two 10+-acre CG-
designated properties abutting Cooley Road, a split -zoned property designated ME and
RH in the southwestern portion of the North Triangle Expansion Area, and a sliver of
RS in the very northeastern corner. The North Triangle Land Use Plan and Utility Plan
show how these properties outside of the Caraway Master Plan can be served with
future infrastructure.
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 8 of 46
Order 2023-036 EXHIBIT C
Proposed North Triangle Land Use Plan
5. CONCURRENT APPLICATIONS: The applicant has applied for annexation of the
subject property into the Bend City limits (PLANX20230177) to be reviewed and
considered concurrently with this Master Plan by the Bend City Council.
6. PUBLIC NOTICE AND COMMENTS: In accordance with BDC 4.1.215, the applicant
held a neighborhood meeting on January 11, 2023 via Zoom. Documentation of the
public meeting, including a signed verification of compliance form from the Boyd Acres
neighborhood association representative, a roster of the Zoom meeting attendees,
copies of materials provided to neighbors within 500-feet of the Caraway site, and
copies of mailing receipts were submitted with the application. Approximately 13
people attended the virtual public meeting, which lasted a little under one hour.
Concerns identified by attendees included impacts to and access from Scenic Drive,
Crooked Rocks Road and properties to the north, sewer/water/electricity availability,
and irrigation facilities. Other questions were raised including the common space/open
space requirement, overall density, affordable housing/average home cost, use of green
materials and solar panels, and plans for the mixed employment lands.
On August 31, 2023, Notice of Proposed Development signs were posted by the
applicant along the property frontages at five locations, visible from adjacent rights of
way. These notices were posted for more than 10 days prior to the September 20,
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 9 of 46
Order 2023-036 EXHIBIT C
2023 hearing date.
On August 31, 2023, the City of Bend Planning Division mailed notice of the City
Council public hearing for the application to surrounding owners of record and
addresses of property within 750 feet of the subject properties, as shown on the most
recent property tax assessment roll, and to the Boyd Acres Neighborhood Association
representative. The notice for the public hearing was mailed more than 10 days prior
to the hearing, in accordance with BDC 4.1.423. There will be at least two evidentiary
hearings for this application; one that was held before the Planning Commission on
August 28, 2023, and another before the City Council on September 20, 2023.
One written comment from the public was received in response to these public
notices, expressing concern about the compatibility with the rural residential uses to
the north. Three individuals spoke at the Planning Commission public hearing. One
individual representing the Unity Center west of the master plan area indicated a
desire for inclusion in the urban growth boundary in order to expand, and another
individual expressed concerns about bicycles and pedestrians at roundabouts. One
landowner north of the master plan boundary expressed concern about continued
irrigation service with development over her existing private lateral; the applicant
assured her that her service will be maintained but will likely be piped to the master
plan boundary.
Various agencies were also sent notice, and the following agencies provided written
comments: Bend Parks and Recreation District, Deschutes County Wastewater,
Central Oregon Irrigation District and Swalley Irrigation District. Their comments are
contained in the project file and considered in this decision. The Deschutes County
Road Department and the Oregon Department of Transportation (ODOT) provided
written and oral comments on the Transportation Analysis Memo prior to completion of
that document. The required notice to the Department of Land Conservation and
Development (DLCD) was provided on July 24, 2023, 35 days prior to the first public
hearing as required.
7. APPLICATION ACCEPTANCE DATE: This Type III Major Community Master Plan
application and associated submittal materials were submitted on March 16, 2023.
The application was deemed incomplete on April 4, 2023. Additional information was
submitted May 24 and 25, 2023 and the application was deemed complete on May 25,
2023. The applicant submitted materials to clarify the application on July 10, 2023. In
accordance with BDC 4.1.430, applications for major master plans are exempt from
the 120-day review time limitation for final decision.
APPLICATION OF THE CRITERIA:
Bend Development Code
Chapter 4.5, Master Planning and Development Alternatives
4.5.100 Master Plan General Provisions.
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B. Applicable Standards and Criteria. There are three categories of master plans
(community master plan, institutional master plan, and employment master
plan) each with a distinct set of standards and criteria. The determination of
master plan category will be made by the City based on the most prominent
use(s) proposed by the master plan or development proposal. Each master plan
or development proposal must only fall into one master plan category and only
the standards and criteria applicable to the category of master plan determined
by the City are applicable to a proposed master plan or development proposal.
FINDING: The most prominent use proposed in the Caraway Master Plan is residential;
therefore, the Community Master Plan category is the most appropriate master plan
provisions to apply. The standards and criteria for the Community Master Plan are
addressed below in Section 4.5.200 of the Bend Development Code.
C. Uses. The uses are the same as those permitted within the zoning district
except as follows:
1. Density transfers may be permitted as part of a major community master
plan 20 acres or larger, or as part of a major employment or major
institutional master plan in an opportunity area that is 20 acres or larger;
however, the density must comply with the density standards in BDC
4.5.200(E)(3);
FINDING: No density transfers are contemplated or proposed in the Caraway Master Plan.
2. Uses in the zoning district may be modified and may prohibit uses or include
uses not permitted when consistent with the Bend Comprehensive Plan
designation's characteristics; and
FINDING: With annexation into the Bend City limits, Caraway will be re -zoned from its
current UA designation to residential (RS and RM), commercial (CL and CG), mixed
employment (ME) and Industrial (IL) zones reflecting the Comprehensive Plan designations
associated with the North Triangle Expansion Area. All uses permitted in each zoning
district are consistent with the characteristics of the plan designation.
3. Private recreational facilities and private open space areas in compliance
with BDC 4.5.200(E)(4) are permitted as part of a community master plan.
FINDING: BDC 4.5.200(E)(4) requires a minimum of 10 percent of the gross area as
public or private open space. The Preliminary Open Space and Trails Plan shows 17.6
acres of open space (11.8 percent), including a 5.3-acre neighborhood park that will be
owned and maintained by the Bend Parks and Recreation District (BPRD). Included in the
application is a letter from BPRD that acknowledges the outline of a draft development
agreement between the applicant and BPRD for a new neighborhood park and associated
trails and open space to be conveyed to BPRD. The community center amenity northeast
of the neighborhood park will be owned and maintained by a homeowners association
(HOA) and is planned to include a clubhouse, pool complex, and outdoor activity area. Any
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additional open space areas not transferred to BPRD will be owned and maintained by the
HOA, in compliance with BDC 4.5.200(E)(4). Further findings of compliance with BDC
4.5.200(E)(4) is described below. This criterion is met.
D. Consistency with ORS 227.178. A major master plan is an amendment to an
acknowledged Comprehensive Plan and/or land use regulation and is therefore
not subject to the 120-day review period under ORS 227.178. The City will use
all reasonable resources to render a final decision on all major master plans
within 180 days of receiving a complete application. Approval or denial of the
major master plan application will be based on the standards and criteria at the
time the major master plan was first submitted to the City.
FINDING: The applicant acknowledges that the Caraway major community master plan is
not subject to the 120-day review period specified in ORS 227.178.
E. Submittal Requirements. The following information must be submitted as
deemed applicable by the Community and Economic Development Director
based on the size, scale, and complexity of the master plan:
FINDING: BDC 4.5.100(E) provides for the specific contents of the Master Plan. The
submitted project narrative and related exhibits, as listed below, address and provide the
submittal requirements for the master plan.
Exhibit C:
Exhibit G:
Exhibit H:
Exhibit !:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
Exhibit P:
Exhibit Q:
Exhibit R:
Caraway Major Community Master Plan (Sheets P1-P10)
Bend Parks and Recreation District Letter
Bend-LaPine School District Letter
Utility Availability Memo (PRSWA2022057Q0)
Transportation Element
Will -Serve Letters
Verification of Public Meeting Form
Neighborhood Public Meeting Documentation
Caraway Draft Development Code
Swalley Irrigation District Correspondence
Cascades East Transit Support Letter
Preliminary Phase 1 Tree Protection Plan
Traffic Analysis Memo (PRTRF202204414)
4.5.200 Community Master Plan.
A. Purpose. The community master plan is intended to provide complete
neighborhoods with varied housing options, services, and amenities needed for
daily living, including public schools, parks and open spaces, shops, and
services, all within a convenient walking or biking distance. The community
master plan is also intended to provide convenient access to public
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transportation and employment areas.
B. Applicability.
1. Community master plans in conformance with this section may be submitted
for any property or combination of properties three acres or larger in size.
2. Community master plans are required for any property or combination of
adjacent properties under common ownership totaling 20 acres or larger at
the date of adoption of this code, unless exempted below.
FINDING: The subject property comprises 149.88 acres, and therefore, a community
master plan is required for the property.
C. Review Process.
1. Needed Housing. If the community master plan includes needed housing as
defined by State statutes, the written narrative submitted with the community
master plan application must clearly state whether the applicant is electing
to use a process with clear and objective standards (minor master plan) or is
electing to use a deviation process with changes proposed to one or more of
the Bend Development Code standards and/or zoning district requirements
and/or with changes proposed to the Bend Comprehensive Plan Map
designations and/or zoning (major master plan).
FINDING: The Oregon State Statutes, ORS 197.303(1)(a), defines "Needed housing" to
mean:
197.303 "Needed housing" defined. (1) As used in ORS 197.286 to 197.314,
"needed housing" means all housing on land zoned for residential use or mixed
residential and commercial use that is determined to meet the need shown for
housing within an urban growth boundary at price ranges and rent levels that are
affordable to households within the county with a variety of incomes, including but
not limited to households with low incomes, very low incomes and extremely low
incomes, as those terms are defined by the United States Department of Housing
and Urban Development under 42 U.S.C. 1437a. "Needed housing" includes the
following housing types:
(a) Attached and detached single-family housing and multiple family housing
for both owner and renter occupancy;
(b) Government assisted housing;
(c) Mobile home or manufactured dwelling parks as provided in ORS 197.475
to 197.490;
(d) Manufactured homes on individual lots planned and zoned for single-family
residential use that are in addition to lots within designated manufactured dwelling
subdivisions; and
(e) Housing for farmworkers.
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The Caraway Master Plan includes approximately 593 residential needed housing units,
including 333 detached single -unit housing units, 68 townhomes, and 192 middle and
multi -housing units (including duplex, triplex, and fourplex unit types). The applicant
elects to use a deviation process in order modify one or more Development Code
standards and rearrange the placeholder Comprehensive Plan land use designations.
Therefore, a major master plan is proposed.
3. Major Community Master Plans. Major community master plans are
processed as follows:
a. Step 1. The Planning Commission makes a recommendation to the City
Council on an application for a major community master plan. The text of
a major community master plan must be included in BDC Chapter 2.7,
Special Planned Districts, Refinement Plans, Area Plans and Master
Plans, in compliance with BDC Chapter 4.6, Land Use District Map and
Text Amendments. The City Council is the final review authority on such
applications (Type III process).
b. Step 2. Upon approval of the major community master plan, and prior to
the commencement of Step 3, the applicant must submit a final major
community master plan to the City in an electronic format specified by
the City. The final major community master plan must depict the proposal
as approved and must incorporate all conditions of approval contained in
the decision. The major community master plan denotation for the
subject site will be shown on the Zoning Map. The denotation on the
Zoning Map may be added or removed administratively by staff upon
approval or withdrawal of the major community master plan.
c. Step 3. The approval of a land division(s) and/or site plan review
application(s) (Type II process).
FINDING: The applicant acknowledges the three step process described above and is
seeking to compress the time schedule by providing all information necessary for
approval of Steps 1 and 2 concurrently. The applicant intends to submit land divisions
and/or site plan applications upon approval of the master plan.
D. Community Master Plan Approval Criteria.
1. Minor or Major Community Master Plan. The City may approve, approve with
conditions, or deny a proposed minor or major community master plan
application based on meeting all of the following criteria:
a. The community master plan complies with subsection (E) of this section,
Standards and Regulations.
FINDING: Subsection (E) is addressed below. The Caraway Master Plan is designed to
comply with the standards and regulations of subsection (E) below.
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b. Existing water and sewer facilities have adequate capacity to serve the
proposed development in compliance with the Collection Systems Master
Plan and the Water System Master Plan, latest editions, or adequate
facilities will be installed prior to occupancy or use.
FINDING: The Utility Availability Memo issued by the City of Bend Engineering Division
(PRSWA202205790) is submitted as part of this application.
The proposed utility plan includes extending the North Interceptor sewer main to and
through the subject property from the existing North Interceptor sewer main on Clausen
Drive south and west to the intersection of Cooley Road and Hunnell Road/Berg Lane.
The Gateway North development (separate project) to the southwest of Caraway is
required to construct a section of the North Interceptor sewer main in Cooley Road along
its lot frontage, to which the Caraway master plan will connect. Smaller and shallower
gravity sewer mains will be extended from the North Interceptor throughout the new
streets to provide services to all lots.
With completion of the North Interceptor, Caraway must decommission and remove the
temporary sewer lift station north of Cooley Road (on 20380 Cooley Road) being
constructed by Gateway North. Sewer must be redirected from the Highland and the
Holiday sewer lift stations with flows diverted to the North Interceptor.
This area was previously Avion Water District's service area, but was recently transferred
to the City of Bend water service area. Through the process of the transfer, the
development must determine Avion Water District's requirements to maintain existing
adjacent Avion customers through looping of mains while making the determination of
what needs to be removed through the construction of the rights of way. No properties
being developed within the Caraway master plan will remain on Avion water unless
identified in the Water Service Area map as shown below. A 12-inch City water main will
be extended from the 12-inch main in Cooley Road to the intersection of Berg
Lane/Hunnell Road and Loco Road. If not already constructed by the Gateway North
project, a 12-inch main must be installed along the Cooley Road property frontage and
extended west and connect into the 12-inch main near Scenic Drive. The development
must extend 8-inch mains throughout the development within the new roads and connect
them to the new mains at the Berg Lane/Loco Road intersection and Hunnel Road/Loco
Road intersection. Water mains must be looped whenever possible.
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Water Service Area map
The Utility Availability Memo demonstrates that water and sewer facilities are currently
adequate or will be adequate once facilities are installed with construction and prior to
occupancy or use.
c. The community master plan complies with BDC Chapter 4.7,
Transportation Analysis.
Chapter 4.7, Transportation Analysis
4.7.600 Significant Impacts and Mitigation Measures.
E. Timing of Improvements.
2. Development proposals within Master Planned Developments
or Special Planned Areas, as described in BDC Chapter 4.5,
Master Planning and Development Alternatives, where a
Transportation Mitigation Plan has been approved, must refer to
the Plan for the extent and timing of improvements.
FINDING: The Caraway Master Plan, Transportation Element, dated November 2022
and prepared by traffic engineer, Joe Bessman of Transight Consulting LLC is included
as Exhibit J of this application. The City reviewed this report and issued Traffic Analysis
Memo PRTFR202204414 which outlined the required transportation mitigation
requirements for the Caraway Master Plan. These mitigation requirements are
incorporated into the Transportation Mitigation Plan as a table in the Caraway code
(Attachment F). Future development proposals within Caraway Master Plan will refer to
the Transportation Mitigation Plan for the extent and timing of improvements.
In addition, an annexation agreement is being prepared to identify the specific timing,
responsibilities, and allocation of costs between various agencies and affected property
owners for the public facilities and services necessary to serve the property. The
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Annexation Agreement and Annexation application (PLANX20230176) for the subject
property has been submitted for concurrent review of the Caraway Master Plan by the
City Council.
3. Major Community Master Plan. In addition to the approval criteria in subsection
(D)(1) of this section the City may approve, approve with conditions, or deny a
proposed major community master plan application based on meeting all of the
following criteria:
a. The community master plan land uses and densities must be consistent
with the Bend Comprehensive Plan Map designations. If rearranging the
plan designation locations and/or zoning is proposed as part of the
master plan application, the master plan must retain the same total area
of all plan designations on the subject site or within one percent of the
same total acreage and maintain the density/housing numbers consistent
with the allocations prescribed by the existing plan designations except
as provided in subsection (E)(3) of this section. Any other changes to the
plan designations and density/housing numbers, or other changes to the
Comprehensive Plan Map designations, require a Comprehensive Plan
and Zoning Map amendment to be processed concurrently in accordance
with BDC Chapter 4.6, Land Use District Map and Text Amendments.
FINDING: The current and proposed Bend Comprehensive Plan Map designation
locations for Caraway are shown below. The applicant proposes to rearrange the
Comprehensive Plan map designations consistent with the proposed street system
network.
Existing Comprehensive Plan designations
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Proposed Master Plan
Rearranging the plan designations are within the parameters provided in BDC 4.5.200 and
either retain the same total area of plan designations or are within one percent of the same
total acreage. The Preliminary Zoning Map (Attachment E) shows the amount of
residential, commercial, mixed employment, and Tight industrial plan designations are
consistent with BCP Policies 11-144 and 11-145. Housing density and mix is addressed in
findings below regarding compliance with BCP Policies 11-144, 11-145, and 11-147.
Subsection (E)(3) is also addressed below. The applicable criteria are met.
b. The applicant has demonstrated that the standards and zoning district
requirements contained in BDC Title 2, Land Use Districts, and BDC Title
3, Design Standards, are capable of being met during site plan or land
division review, except as proposed to be modified by the applicant as
part of a major community master plan. Where the applicant has
proposed deviations to the above standards and/or zoning district
requirements, the applicant has demonstrated:
i. That granting a deviation to the BDC standards and/or zoning district
requirements will equally or better meet the purpose of the regulation
proposed to be modified; or
ii. That granting a deviation to the BDC standards and/or zoning district
requirements is necessary due to topographical constraints or other
unique characteristics of the property or specific development type
proposed by the master plan; and
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iii. That any impacts resulting from the deviation are mitigated to the
extent reasonably practical.
FINDING: The Caraway Master Plan will be codified in BDC Chapter 2.7 and establish
unique standards for each plan district that help ensure efficient use of land, an
appropriate housing mix, and land use compatibility across the entire master plan.
Proposed Development Code language creating the Caraway Master Planned
Development in BDC Chapter 2.7 is included as Attachment F to this report.
Determination of general compliance with BDC Titles 2 and 3 and proposed deviations to
existing BDC standards are described further below.
Chapter 2.1 — Residential Zoning Districts
The Preliminary Zoning Map (Attachment E) shows 64.96 gross acres of RS, 23.15 gross
acres of RM, and 5 acres of RH. The RS area includes 5.3 acres for a potential
neighborhood park, the location and size of which has been coordinated with BPRD.
Comments from BPRD are included as Exhibit G of the application. Since the park site
has not yet been acquired by BPRD, it remains designated as RS.
The RS plan map designation makes up most of the northern and western portions of the
North Triangle Expansion Area, and the Preliminary Zoning Map (Attachment E) shows
the planned location of the RS zoning districts. The planned RS zoning district in this
location is designed to provide a buffer between the more rural and agricultural lands
outside the UGB to the west and north from the higher -density RM zoning districts and
commercial/mixed employment uses further south and east. It should be noted that
conflicting housing densities are unavoidable where the UGB meets agricultural or rural
residential land. This has been mitigated to some extent by locating the most intensive
uses internally to the site or abutting collector or arterial streets, other intensive uses, or
open space.
The placeholder RM designated lands are clustered generally in the center -west of the
North Triangle Expansion Area. The planned RM zoning district remains in the same
general area and abuts the new Hunnell Road alignment north of Loco Road. The RM
zoning district serves as a transition between the Tess -dense planned RS zoning district to
the northwest and the more -intensive ME, CL/CG, and IL zoning districts to the south and
east within the Caraway Master Plan. This location is equally aligned with the purpose of
the residential districts and the characteristics of the RM zoning district, as sewer and
water service will be readily available and the planned location functions as a transition
between lower densities (to the north and west) and more -intensive uses and/or higher -
classification streets (to the east and south).
BDC 4.5.100.C.2 allows an applicant to prohibit uses or includes uses not permitted in the
underlying zone when consistent with the Bend Comprehensive Plan designation's
characteristics. The submitted master plan code for Caraway had proposed disallowing
manufactured homes, micro -units, and cottage housing in the residential zones, as these
housing types are not proposed to be constructed by the applicant. However, these types
of residential units are needed housing types for all income levels and, therefore, the
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code proposed to Council allows the same uses in residential zones citywide.
In the residential zoning districts, the proposed development code contains deviations
from the underlying BDC standards to create a cohesive site and architectural
arrangement that simultaneously provides a wide range of housing types, styles, and
price points. Deviations from current BDC standards are necessary to prioritize meeting
anticipated demands for housing as well as integrating the City's objectives for housing
diversity. Consistent with the requirement, these deviations support a project that
provides benefits that equally or better meet the purpose of the modified regulation.
The primary impact from the planned deviation is that a portion of the lots for detached
single -unit homes, duplexes, triplexes, and quadplexes may be smaller or narrower than
the standard RS zoning district would allow.
Residential Setbacks
The planned deviation to the typical setback standards would allow an 8-foot secondary
front setback rather than the 10 feet required in RS and RM zones. BDC 2.1.300(A)
states that residential "setbacks provide private outdoor living space, building separation
for fire protection/ security, building maintenance, and sunlight and air circulation. The
setback standards encourage placement of residences close to the street for public safety
and neighborhood security." The planned 2-foot reduction in secondary front setbacks
(from 10 feet to 8 feet), which was approved in the Petrosa and Easton Master Plans, is
mitigated by a community design that includes 17.6 acres of open space for public
outdoor living space, additional building separation, and sunlight and air circulation.
Conversely, in situations where a side lot line abuts an alley, the proposed minimum side
setback for Caraway would increase from the BDC standard of 5 feet to 8 feet. On
balance, the deviations will equally or better meet the purpose of the underlying standard.
Residential Lot Dimensions
The planned deviations to the typical lot dimensions would reduce the minimum lot area
in the RS zone for a unit of detached single-family housing from 4,000 square feet to
2,700 square feet in order to provide additional types of workforce housing. Additionally,
the minimum lot width in the RS zone for detached single-family home would be reduced
from 40 feet to 30 feet.
While no purpose of the lot dimension standards is explicitly stated in BDC 2.1.500, they
are generally understood to ensure adequate space is provided for the type of residential
use and structure, appropriate to the scale and character of the surrounding
neighborhood. In the absence of an explicit purpose stated for lot dimension standards, it
should be noted that BDC 2.1.100 provides broader guiding principles of the residential
districts, including: "Accommodate a range of housing needs, including owner -occupied
and rental housing." In a master planned community, strategically integrating different
types of homes, including those on smaller or narrower lots, helps define the scale and
character of the surrounding neighborhood as inherently appropriate for a range of
housing. On balance, the deviations will equally or better meet the purpose of the
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underlying standard.
Chapter 2.2 - Commercial Zoning Districts
BCP Policy 11-144 assigns 40 gross acres of commercial plan designations within the
North Triangle Expansion Area; approximately 19 acres of commercial plan designations
will be accommodated within the Caraway Master Plan. The Preliminary Zoning Map
(Attachment E) shows only minor adjustments are planned to the placeholder locations of
the CL plan map designation and corresponding zoning district; there will be no changes to
the CG plan map designation of 11.6 acres. Within the Caraway Master Plan, the 7.1-acre
CL portion is shifted in its orientation and moved slightly south to the southwest corner of
Hunnell Road and Loco Road, allowing for the planned RM zoning to be separated from
the more intensive CG zoning districts to the south. The remaining 21 acres of existing
commercial plan designations are located outside of the Caraway Master Plan boundary
within the North Triangle Expansion Area abutting Cooley Road.
The Preliminary Street Circulation Plan (in Exhibit C of the application) shows the
commercial area within the Caraway Master Plan is well served by three higher -
classification streets (Cooley Road, Loco Road, and Hunnell Road). A 10-foot-wide
multiuse pathway will be provided along the southern commercial frontage along Cooley
Road and an 8-foot-wide multiuse pathway will be provided along the Hunnell Road
frontage. The planned cross -sections reinforce streets as public rights -of -way for multiple
modes —including pedestrians and bicycles —and provide multimodal connections to
residential areas. A new roundabout at Hunnell Road and Cooley Road (southeast of the
commercial land within Caraway Master Plan) provides a prime access and focal point for
future commercial amenities, including the CG-zoned land east of Hunnell Road, outside of
the Caraway Master Plan boundary.
BDC 4.5.100.C.2 allows an applicant to prohibit uses or includes uses not permitted in the
underlying zone when consistent with the Bend Comprehensive Plan designation's
characteristics. Per BDC 2.2.200, the CL zone "provides fora wide range of retail,
service, and tourist commercial uses in the community along highways or in new
commercial centers" and the CG zone "provides a broad mix of commercial uses that
have large site requirements, are oriented to the higher classification roadways and
provide services to the entire City and surrounding area." The submitted master plan
code for Caraway had proposed disallowing trailer parks/campgrounds, mortuaries,
marijuana uses, and several industrial uses in the commercial zones. However, these
proposed prohibited uses are compatible with the underlying Comprehensive Plan
commercial designations and, therefore, are included as allowed uses in the code
proposed to Council.
Future development of the commercial areas will be subject to City site plan review. The
Caraway Master Plan code, as amended by the Planning Commission, proposes the same
permitted and conditional uses allowed in commercial zones citywide and would allow
kennels in an enclosed building (to allow overnight boarding in addition to the currently
permitted veterinary clinics). Live -work townhomes are also specifically listed as an allowed
use in the proposed code, which can be interpreted as a mixed -use development, which is
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an allowed use in the underlying zone. No deviations are proposed to the development
standards in Chapter 2.2.
Chapter 2.3 — Mixed Use Zoning Districts
BCP Policy 11-144 assigns 26 gross acres of mixed -use employment plan map
designations, currently shown as Mixed Employment (ME) on the City's Comprehensive
Plan Map, within the North Triangle Expansion Area. Approximately 20.7 acres of the ME
plan designation will be accommodated within the Caraway Master Plan and the remaining
5.7 acres of existing ME plan designation is located outside and southwest of the master
plan boundary within the North Triangle Master Plan. The Preliminary Zoning Map
(Attachment E) shows an adjustment to the planned placeholder locations of the ME
designation within Caraway, and corresponding zoning district. Specifically, the ME is
realigned in between the RM designation and the IL designation in the eastern portion of
Caraway, but also abutting the existing CG within the city limits to the east.
The proposed Caraway Master Plan code allows the same permitted or conditionally
permitted uses as the underlying ME zone with the addition of stand-alone affordable
housing (not in a mixed use development). Affordable housing is permitted in any
commercial or mixed -use zone under Oregon Senate Bill 8, so this code deviation is
consistent with state law. At least 77 units of deed -restricted affordable housing will be
provided within the Caraway Master Plan area, pursuant to BCP Policy 11-146 and
consistent with BCP Policies 5-20 and 5-21. While the design and configuration of the
affordable housing will be specified through future Site Plan Review application, guarantees
(in a form acceptable to the City) will ensure that these affordable housing units will meet
the affordability requirements for not less than 50 years.
Kennels are also proposed as a permitted use in the ME zone to allow overnight boarding
in addition to the currently permitted veterinary clinics.
Specific uses within the ME zone will be established through future Site Plan Review
applications, but they are anticipated to include a mix of housing and employment uses.
The single code deviation from the underlying BDC standard allows buildings in the ME
zone to be built 10 feet higher than allowed under current code, exclusive of available
height bonuses.
Mixed Employment Building Height
While no purpose of the building height standard is explicitly stated in BDC 2.3.300, it is
generally understood to protect views and neighborhood character. In the underlying ME
zone, buildings can be 45 feet in height with an additional 10-foot height bonus provided
for vertical mixed -use buildings or affordable housing. The planned 10-foot height
increase for buildings in the ME zoning district allows the flexibility to incorporate
architectural features (pitched roofs, gables, roof offsets, etc.) that integrate well with
surrounding single-family homes and create a cohesive community identity. For example,
the existing 45-foot maximum height in the ME zoning district would allow a four-story
building with a flat roof with minimal offsets or other architectural features. Increasing the
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maximum height to 55 feet allows that same four-story building to incorporate
architectural features that promote compatibility with the surrounding neighborhood
without sacrificing an entire floor of employment uses. Therefore, the deviation will meet
or exceed the purpose of the underlying standard.
Chapter 2.4 - Industrial Zoning Districts
BCP Policy 11-144 assigns 22 gross acres of industrial plan map designations, currently
shown as Light Industrial (IL) on the City's Comprehensive Plan Map, within the North
Triangle Expansion Area. The Preliminary Zoning Map (Attachment E) shows an
adjustment to the planned placeholder locations of the IL designation and corresponding
zoning district. Specifically, the IL lands shift to the northeast to provide easy access to
higher -order streets, including US 97, and adjacent to the extension of Grandview Drive, an
Industrial Collector. While uses are still unknown in the planned IL land, its function
provides access to commercial corridors along US 97, at the same time as providing
separation from a majority of the residential land planned in Caraway.
The Caraway Master Plan code allows the same permitted or conditionally permitted uses
as the underlying zone (IL) and specifically allows restaurants (food and beverage services)
when accessory to the primary industrial use and are limited to no more than 10 percent of
the industrial development or 2,500 square feet (whichever is greater). This code addition
mimics the allowance for small-scale personal and professional services in industrial zones
in BDC 2.4.800.A.1.
Chapter 2.8 - Urbanizable Area (UA)
All of the North Triangle Expansion Area is currently zoned UA. Subsequent to Planning
Commission review of the Caraway Master Plan, it is anticipated that City Council will
review the Annexation Application concurrent with the Major Community Master Plan
Application. Upon approval of the Annexation and Major Community Master Plan, the
Caraway Master Plan property would be automatically re -zoned as shown on the
Preliminary Zoning Map (Attachment E). Applicable procedures are addressed in in BDC
Title 4; master planning is addressed in the findings for BDC Chapter 4.5, and map
amendments are addressed in the findings for BDC Chapter 4.6. The applicable criteria
are met.
Chapter 3.1 — Lot, Parcel and Block Design, Access and Circulation
As shown on the Caraway Master Plan (Attachment A), the applicant has indicated
proposed street and block design and the general circulation scheme. As shown in
concept, the proposed master plan can meet the standards of BDC Chapter 3.1 during
future land division review.
Chapter 3.2 — Landscaping, Street Trees, Fences and Walls
The proposed Preliminary Open Space and Trails Plan (Attachment B) show proposed
open space, trails and conceptual street tree locations within the master plan. Existing
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trees are shown on the underlying aerial map of the Existing Conditions map (Exhibit C,
Sheet P2 of the application). Significant trees, as defined by this section, will be required
to be identified with future Site Plan and/or subdivision review. A Preliminary Phase 1
Tree Protection Plan is included as Exhibit Q of the application, which will allow the
proposed tree removal prior to recording of the platting of the first phase on Tots that do
not require further Site Plan Review. Future land use applications will address tree
preservation in detail, as required in Chapter 3.2. Required landscaping will be addressed
in future Site Plan Review for commercial, park and multi -unit residential development.
Street tree plantings will be required with future subdivision and site plan review
approvals. Any potential fences or walls will also be addressed in future land division
and/or Site Plan review. Compliance with this chapter can be met.
Chapter 3.3 — Vehicle Parking, Loading and Bicycle Parking
Compliance with this section will be reviewed during future Site Plan review (for multi -unit
residential or commercial development) or building permit review (for duplex/triplex/
fourplex or single -unit housing). As proposed, compliance with this section can be met
with the proposed land uses and overall site configuration.
Chapter 3.4 — Public Improvement Standards
As noted elsewhere in this report, required infrastructure (water, sewer and
transportation) will be provided concurrent with each phase of development. The
proposed Utility Plans (Exhibit C, Sheet P10 of this application) indicate how water and
sewer will be provided to the blocks within the Caraway Master Plan. The City -issued
Utility Availability Memo (PRSWA202205790) indicates water and sewer capacity will be
available for the Caraway Master Plan and the associated mitigation for water and sewer
improvements. The proposed Caraway development code addresses how stormwater will
be detained within the boundaries of each phase of Master Plan buildout. Finally, a
Transportation Analysis Memo (PRTFR202204414) has outlined the transportation
mitigation necessary for the Caraway Master Plan, which will be codified in BDC 2.7.
Details of compliance with Chapter 3.4 will be reviewed during future land use division
application(s), with submittal of traffic debit letters and updated safety review, but the
applicant has shown that the standards in this section can be met.
The Caraway Street Type Plan and Standards within the proposed code indicates the
various street classifications within the Caraway Master Plan. The code includes a minor
arterial (Cooley Road), three different types of collectors based on proximate land uses
(residential, commercial and industrial), three different types of local streets (residential,
residential — modified, and commercial/industrial). None of the street sections propose a
right-of-way width Tess than the required right-of-way width in Table A of BDC 3.4.200, but
provide slight variations on the street sections in the City Standards and Specifications.
Street structural sections will remain consistent with the City Standards and
Specifications.
Caraway will have a path system not only within the right of way, defined by the adopted
street sections of this code, but also through path systems that will deviate from the right
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of way to provide low stress public travel to and through the project's open spaces. The
path system must extend from Cooley Road north to the northern boundary of the master
plan and a separate but connected path system extending west to make connection to
Scenic Drive. The location of these paths and the location of enhanced crossings as the
path systems cross right of way will be determined at time of tentative plan land use
review in cooperation with BPRD.
Finally, Cascades East Transit (CET) does not currently provide service this far north, but
several recommendations for mid- or long-term transit needs are provided in the
Cascades East Transit Master Plan, including current plans to build a new transit stop
along Robal Lane near the Hunnell Road intersection and future modifications to transit
service (Route 4) as the Gateway North Master Plan and the North Triangle lands
develop. Caraway's planned employment areas, along with the total housing count, will
help pull transit farther north by providing a concentration of riders and potentially making
transit service more cost-effective. The Caraway design team has discussed the
placement of a Mobility Hub with Cascades East Transit (CET) along the west side of
Hunnell Road, almost equidistant between the Loco Road/Hunnell Road roundabout and
the Cooley Road/Hunnell Road roundabout. No specific decisions have yet been made
on transit routing, but CET is aware of the property and supports the transit concept
addressed above.
D. Community Master Plan Approval Criteria. (continued from page 18)
3. Major Community Master Plan.
c. In lieu of the approval criteria in BDC 4.6.300, Quasi -Judicial
Amendments, major community master plan applications that do not
propose a Bend Comprehensive Plan amendment must demonstrate
compliance with the following:
FINDING: The Major Community Master Plan application for Caraway does not include an
amendment to the Bend Comprehensive Plan. The Master Plan proposes rearrangements
of the Comprehensive Plan Map designations on the subject property as discussed in the
application; however, the changes are within the parameters provided within BDC
4.5.200(D)(3)(a).
i. Approval of the request is consistent with the relevant Statewide
planning goals that are designated by the Planning Director or
designee; and
Goal 1, Citizen Involvement: To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
FINDING: The City's acknowledged citizen involvement program for quasi-judicial
amendments is codified in BDC Chapter 4.1. The process includes a public meeting to be
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held by the applicant before submitting the application to the City, followed by a public
hearing before the Planning Commission, and ultimately, a hearing before the City Council
as the final review authority. As noted above, the applicant mailed notice and held a
neighborhood public meeting on January 11, 2023 before submitting the application to the
City (see Exhibit M of the application for Neighborhood Meeting documentation).
Type III land use applications are also noticed by the City pursuant to BDC 4.1.400, which
ensures that citizens are informed of the opportunity to participate in a public hearing. As
noted above, property owners and addresses within 750 feet of the subject property and
the Boyd Acres Neighborhood Association representative were notified of the Planning
Commission and Council public hearings via mail, and five public hearing notice signs
were posted around the edges of the subject property for each hearing.
Conformance with Goal 1 is further achieved through compliance with Title 4 of the Bend
Development Code, Applications and Review Procedures. Sections 4.5.200.C.3 and
4.6.300 of the Development Code establish that major community master plans shall
follow a Type III procedure as governed by Chapter 4.1.
An initial public hearing before the Planning Commission preceded a second public
hearing before the City Council. The public involvement procedures identified in the
Development Code are being followed, which will ensure compliance with Statewide
Planning Goal 1.
Goal 2, Land Use Planning: To establish a land use planning process and policy
framework as a basis for all decisions and actions related to use of land and to assure an
adequate factual base for such decisions and actions.
FINDING: The City has adopted development code for Master Planning (BDC Chapter 4.5)
consistent with the Bend Comprehensive Plan that was acknowledged by the Oregon
Department of Land Conservation and Development. This includes the structural
framework for the subject property in Comprehensive Plan policies 11-142 to 11-151. The
proposed community master plan and its associated Development Code text amendment
serve to implement the applicable BCP Policies and do not alter the administration of the
code or the established requirements which ensure a factual base for decisions and actions
related to the subject application.
Goal 3, Agricultural Lands: To preserve and maintain agricultural lands.
Goal 4, Forest Lands: To conserve forest lands by maintaining the forest land base and to
protect the state's forest economy by making possible economically efficient forest
practices that assure the continuous growing and harvesting of forest tree species as the
leading use on forest land consistent with sound management of soil, air, water, and fish
and wildlife resources and to provide for recreational opportunities and agriculture.
FINDING: Goals 3 and 4 do not apply as the subject property is not comprised of
designated agricultural lands or forest lands.
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Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces: To protect
natural resources and conserve scenic and historic areas and open spaces.
FINDING: In the 2016 UGB expansion decision, the Bend City Council found that the
subject properties do not include any of the following Goal 5 resources: riparian corridors,
wetlands, Federal Wild and Scenic Rivers, State Scenic Waterways, groundwater
resources, approved Oregon Recreation Trails, natural areas, wilderness areas, mineral
and aggregate resources, energy sources, and cultural areas. Those findings note that the
City relied on the inventory included in the Deschutes County Comprehensive Plan and
available information from state and federal sources to make this determination.
Furthermore, the subject property does not include current City inventories of natural
resources, scenic and historic areas, and open spaces. Therefore, Goal 5 is satisfied.
Goal 6, Air, Water and Land Resources Quality: To maintain and improve the quality of
the air, water and land resources of the state.
FINDING: Air and water quality are regulated by the Oregon Department of
Environmental Quality. For areas within the Bend UGB, the Bend Development Code
includes regulations for the Waterway Overlay Zone (WOZ) and Areas of Special Interest
(ASI), which has been acknowledged by the Department of Land Conservation and
Development. The subject properties are not located within the WOZ nor do they contain
an ASI. Maintaining or improving the quality of the community's air, water and land
resources will be assured through enforcement of state and local regulations. Noise
levels will not exceed DEQ noise regulations.
Through the 2016 Bend UGB expansion, the City found that the UGB expansion satisfied
Goal 6 for several reasons:
• "The proposal does not include new areas along the Deschutes River or Tumalo Creek;
the proposed efficiency measures and areas for expansion direct growth away from
these areas.
• The proposal will maintain and improve the quality of air resources because it has
been designed to reduce the growth of vehicle miles traveled (VMT), which will help
in limiting or avoiding new greenhouse gas emissions from auto and truck traffic.
• The planned housing mix makes a shift from single-family detached, to more
attached housing types, which studies have shown typically consume less energy
than single-family dwellings."
The adopted Comprehensive Plan policies applicable to the Caraway Master Plan ensure
compliance with Goal 6.
Goal 7, Areas Subject to Natural Hazards: To protect people and property from natural
hazards.
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FINDINGS: No 100-year floodplains or mapped landslide areas are located within this
master plan area. A project team of staff from the Central Oregon Intergovernmental
Council (COIC), the Deschutes County Sheriffs Office and representatives from the
county and all four cities developed the 2021 Deschutes County Multi -Jurisdictional
Natural Hazards Mitigation Plan Update. A Bend Addendum was adopted by the City
Council by Resolution 3278 on November 3, 2021, which includes a mitigation strategy
that describes potential actions for mitigation risks. Based on the foregoing, the proposal
satisfies Goal 7.
Goal 8, Recreational Needs: To satisfy the recreational needs of citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
FINDING: The City adopted the Bend Comprehensive Plan and the Department of Land
Conservation and Development has acknowledged that Plan. Chapter 2 of the BCP
establishes Goals and Policies which address Natural Features and Open Space needs
within the City of Bend and prescribes responsibilities of both the City and the Bend Park
and Recreation District (BPRD), via Policy 2-2.
The Comprehensive Plan policies for Caraway Master Plan require coordination with
Bend Park and Recreation district to identify a suitable site for a neighborhood park
(Policy 11-145), and the provision of a path and bikeway network to provide connectivity
within the property and connect to local roads (Policy 11-149).
As shown on Caraway Master Plan (Attachment A) and the Parks and Open Space Plan
(Exhibit C of the application), the master plan includes at least 10% open space, including
a neighborhood park, a community center for residents, and a network of trails and multi-
use paths through the property.
Per Policy 11-145, the applicant and the Bend Park and Recreation District are working
collaboratively towards an agreement on the final design, program, and financing of the
neighborhood park, trails, and open space within the Master Plan. Exhibit G of the
application is a letter from the Bend Park and Recreation District that confirms the
coordination that has occurred to -date between the applicant and the Bend Park and
Recreation District, satisfying Goal 8.
Goal 9, Economic Development: To provide adequate opportunities throughout the state
for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's
citizens.
FINDING: In the 2016 Bend UGB expansion findings, the City found compliance with
Goal 9 as stated in part below:
The Council finds that the proposal satisfies Goal 9 because through the UGB
expansion and related set of efficiency measures, the city will ensure an adequate
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supply of land for economic opportunities in Bend by providing needed types and
amounts of employment lands in suitable locations as required by Goal 9, and
documented in the EOA and Urbanization Report.
Comprehensive Plan Policies for Caraway describe the concept for this area is to "provide
for a mix of uses, including residential development to balance the mix of employment uses
in this area and provide a transition to existing rural residential areas to the north." (Policy
11-143). The policies specify that the master plan contain 40 gross acres of commercial
plan designations, 22 gross acres of industrial plan designation, and 26 gross acres of
mixed -employment designation (Policy 11-144).
As shown on the proposed North Triangle Land Use Plan (Attachment C), approximately
18.77 acres are designated commercial (CG and CL) within the Caraway Master plan with
an additional 21.24 acres of land designated CG outside of the master plan boundary along
Cooley Road. Approximately 22.28 acres of Light Industrial (IL) is proposed within the
Caraway Master Plan. Approximately 20.72 acres of Mixed Employment (ME) is proposed
within the Caraway Master Plan with an additional 5.67 acres outside of the master plan
boundary. The locations of the commercial and industrial designations are interconnected
with residential areas contributing to a vibrant community of housing and economic
opportunities for residents of Caraway and the City of Bend, consistent with Goal 9.
Goal 10, Housing: To provide for the housing needs of the citizens of the state.
FINDING: The subject property was included as part of the City's Goal 10 inventory of
needed housing when the City of Bend expanded its Urban Growth Boundary in 2016.
The property is also identified in the City's Comprehensive Plan as appropriate for
housing, commercial and industrial uses as stated in applicable Policies 11-144 and 11-
145:
11-144 This area shall provide for a mix of residential and commercial uses,
including 86 gross acres of residential plan designations, 40 gross acres of
commercial plan designations, and 22 gross acres of industrial designations, and
26 gross acres of mixed employment plan designations (excluding existing right of
way).
11-145 In order to provide sufficient housing capacity and mix, the residential
plan designations must include 60 gross acres of RS, 21 gross acres of RM, and 5
gross acres of RH. The acreage of RM includes 3 to 4 acres for a neighborhood
park site, which may be designated PF if a site has been acquired by the Bend
Park and Recreation District prior to completion of the Area Plan. Alternatively, the
Area Plan may demonstrate that this area will provide capacity for a minimum of
510 housing units, including at least 13% townhomes and at least 42% multi -unit
and duplex/triplex/quadplex housing types. The Area Plan may include and rely on
plan designations, zones, special plan districts, and/or other binding development
regulations to demonstrate compliance with the specified mix and capacity.
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Policy 11-145 requires that a minimum of 510 housing units be provided within the entire
North Triangle area, including at least 67 townhomes (13 percent) and 215 middle and
multi -unit housing units (42 percent). The Caraway Master Plan is expected to provide a
total of 593 residential units, including 68 townhomes, 192 duplex, triplex, quadplex and
multi -unit residential units, and 333 single -unit detached units. The Caraway Master Plan
proposes to fulfill the total housing count and the townhome requirement of Policy 11-145
and almost 90 percent of the middle/multi-unit housing fix requirement of Policy 11-145.
The 5 acres of RH-designated land within the North Triangle expansion area will
eventually be developed with 109 middle or multi -units at the required minimum RH
density, obligating the Caraway Master Plan to provide 410 total housing units, including
106 middle/multi-unit dwellings. The Master Plan reconfigures plan designations while
maintaining the applicable gross areas, intensities, and housing unit count contemplated
in the alternative option above in Policy 11-145. The Master Plan fulfills the townhome
housing mix requirement and contributes a significant portion of the middle/multi-unit
housing mix requirement in Policy 11-145
The North Triangle Land Use Plan is expected to cumulatively provide 702 housing units,
including 68 townhomes (9.7%), 301 duplex/triplex/quadplex/multi-unit housing units
(42.9%) and 333 single -unit detached homes (47.4%), meeting the requirements of Policy
11-145.
Policies 11-146 and 147 require a certain percentage or number of units of affordable
housing within the central and eastern portion of the North Triangle expansion area.
11-146 The properties identified on Figure 11-9, below, shall provide for affordable
housing, consistent with policies 5-20 and 5-21 of the Housing Chapter of
the Comprehensive Plan, as follows:
o The minimum number of affordable housing units shall be 25% of all
housing units approved by the City on each property.
o The minimum required number of affordable housing units is satisfied
when 77 units of affordable housing (in total on the properties identified
on Figure 11-9) have been approved in land use applications, subject to
phasing requirement acceptable to the City.
o Guarantees, in a form acceptable to the City, shall be in place to ensure
that affordable housing units will meet the affordability requirements for
not less than 50 years.
o Planning and phasing requirements for affordable housing units shall be
established, in a form acceptable to the City.
11-147 As an alternative to meeting the requirements of Policy 11-146, affordable
housing, consistent with policies 5-20 and 5-21 of the Housing Chapter of
the Comprehensive Plan and the requirements below, may be implemented
within the North Triangle as a whole through an area plan, with prior written
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consent of affected property owners and guarantees in a form acceptable to
the City.
o The minimum number of affordable housing units shall be 77.
o Guarantees, in a form acceptable to the City, shall be in place to ensure
that affordable housing units will meet the affordability requirements for
not less than 50 years.
The Caraway Master Plan will provide 77 affordable housing units as noted in the Density
section of the proposed code and allowed as a permitted use/development standard in
the Mixed Employment zone in the Caraway code, fulfilling the requirement of Policies
11-146 and 11-147.
Table 18 of the City's Housing Needs Analysis (shown below) indicates the needed types
of housing units in the City of Bend. As shown above, the proposed North Triangle Land
Use Plan meets the needed housing mix shown in Table 18 of the Housing Needs
Analysis.
Table 18. Needed housing by needed mix, Bend, 2014-2028
Needed
Units
(2008
2014)
9,175
1,668
Single-family detached
Single-family attached
Multi -family
Total
Source: ECONorthwest
Units
permitted
2009 to
end of
July 2014
2,411
112
Remaining Need
(Mix applied to
remaining total)
Units Perceof
New Unitsnt
5,838 389
16,681 2,9121
7,574
1,377
4,819
13,770
55%
10%
35%
100%
The proposed Master Plan provides a density that is consistent with the RS and RM
Comprehensive Plan designations of the property, thereby ensuring that the City is
adequately providing for the housing needs of citizens of the state. As proposed, the
Master Plan is consistent with Goal 10. Therefore, Goal 10 is satisfied.
Goal 11, Public Facilities and Services: To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
FINDING: The City included the subject property in its evaluation of compliance with Goal
11 during its Urban Growth Boundary expansion in 2016 and found Goal 11 to be
satisfied.
The applicant and City worked to identify the infrastructure necessary to serve the variety
of planned uses within Caraway Master Plan as they are built out over the next decade
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and beyond, as outlined in the Utility Availability Memo (PRSWA202205790, Exhibit I of
the application). The sequencing and financing mechanisms for the needed infrastructure
have been outlined and are presently being formalized in the Annexation Agreement with
the City. The North Triangle Utility Plan (Exhibit C, Sheet P10 of the application) shows
how public facilities, including sanitary sewer and potable water, are available and
planned throughout the project site and can serve the properties within the master plan.
With the Annexation Agreement, which has been submitted for concurrent review of this
Master Plan by the City Council (PLANX20230176), Goal 11 is satisfied.
Goal 12, Transportation: To provide and encourage a safe, convenient and economic
transportation system.
FINDING: The Transportation Planning Rule (TPR) (OAR 660-012-0000) implements
Goal 12 and states the purpose is "to provide and encourage a safe, convenient and
economic transportation system." The TPR also supports mobility and accessibility, the
availability of multimodal choices, efficient flow of freight, protection of existing and
planned transportation facilities, and coordination among service providers. For areas not
yet annexed into the City, the TPR is addressed at the time of annexation, under BDC
4.9.600.
Exhibit J of the application is Caraway Master Plan, Transportation Element dated
November 2022. The Plan was prepared by Transight Consulting, LLC, and includes a
Transportation Facilities Report, a Transportation Impact Analysis, a Transportation
Funding Options section, and a TPR analysis. To address the impacts of urbanizing the
Caraway UGB lands, an annexation agreement has been prepared to identify the specific
timing, responsibilities, and allocation of costs between various agencies and affected
property owners for the required transportation improvements. With the Annexation
Agreement, which has been submitted for concurrent review of this Master Plan by the
City Council (PLANX20220176), Goal 12 is satisfied.
Goal 13, Energy Conservation: Land and uses developed on the land shall be managed
and controlled so as to maximize the conservation of all forms of energy, based upon
sound economic principles.
FINDING: Goal 13 generally imposes obligations on local governments to develop plans
and implementing measures that conserve energy. In 2016, Council found that the 2016
UGB expansion, which brought the subject properties into the City's UGB, satisfied Goal
13 because it was designed to conserve energy by directing more growth in housing and
employment to opportunity areas inside the existing UGB, considering energy in the
evaluation and arrangement of land uses in the UGB expansion areas (subject
properties), and ensuring that the areas added to the UGB are well connected to the
transportation system.
The Caraway Master Plan will accommodate a diverse mix of housing, employment and
open space/park uses within a'/z-mile walking distance of North Star Elementary School
to the west and a 1-mile walking distance to Lava Ridge Elementary Schools and
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SkyView Middle School to the east, as well as commercial services, providing multi -use
paths and trails to enhance connections to surrounding areas, and reduce reliance on
the automobile by making walking, bicycling and using transit more possible with shorter
trips. Therefore, Goal 13 is satisfied.
Goal 14, Urbanization: To provide for an orderly and efficient transition from rural to urban
land use, to accommodate urban population and urban employment inside urban growth
boundaries, to ensure efficient use of land, and to provide for livable communities.
FINDING: During the City's 2016 UGB expansion process, the City demonstrated a need
to amend the UGB to accommodate future urban population and job growth within the
Bend UGB, through several analyses, including the Urbanization Report and the UGB
Scenario Evaluation Report. The City inventoried its buildable lands for both housing and
employment and forecasted future needs for housing and employment based on the 20-
year population forecast, determining that a UGB expansion was necessary. The 2016
UGB expansion, which included the subject property (North Triangle expansion area),
was adopted in 2016. As such, the proposal is consistent with Goal 14.
Goal 15, Willamette River Greenway
Goal 16, Estuarine Resources
Goal 17, Coastal Shorelands
Goal 18, Beaches and Dunes
Goal 19, Ocean Resources
FINDING: Goals 15 through 19 are not applicable to the proposed Master Plan because
the subject properties do not include any of the noted features and are not located within
the coastal or Willamette Valley regions.
4.5.200.D.3.c. Major Community Master Plan (continued from page 25)
ii. Approval of the request is consistent with only the relevant policies
of the Bend Comprehensive Plan Chapter 11, Growth Management,
that are designated by the Planning Director or designee.
FINDING: As part of the UGB expansion process that concluded in December 2016, the
City brought 2,380 acres of land into the UGB in order to continue to provide a 20-year
supply of residential, commercial, and industrial land. The process took more than a
decade, with 70 public meetings, three technical advisory committees, and dozens of
citizen volunteers. The North Triangle is one of the nine designated expansion areas
illustrated in Figure 11-7 of the Comprehensive Plan. Along with the UGB lands, the City
adopted new BCP policies in Chapter 11 - Growth Management intended to guide the
development of the expansion areas.
Bend Comprehensive Plan Chapter 11, Growth Management
Specific Expansion Area Policies
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Area -specific policies for land added to the UGB established in 2016 are
intended to guide the development of Area Plans (including Master Plans) for
expansion areas (see Figure 11-7). These areas are also subject to policies in
this Chapter regarding urbanization and annexation.
Polices 11-142 to 11-151 are specifically applicable to the North Triangle
expansion area:
11-142 The City will initiate an Area Plan for the North Triangle area. The Area
Plan will address policies 11-143 through 11-151. Prior to completion of
the Area Plan, annexations in this area must be a minimum of 40
contiguous acres and be the subject of a master plan application which
includes a framework level Area Plan for the rest of the subarea.
Following adoption of the Area Plan, annexation and development of
individual properties or groups of properties of any size, consistent with
the Area Plan, may be approved in compliance with the Bend
Development Code.
FINDING: The Caraway Master Plan includes more than 40 contiguous acres within the
North Triangle UGB Expansion Area. A framework -level area plan is included for the
remaining properties within the North Triangle that are not subject to the Master Plan.
Chapter 1.2 defines "Area plan, framework level" as "a conceptual plan that includes major
transportation, sanitary sewer, and water network layout and general land use
arrangements consistent with the Bend Comprehensive Plan." The North Triangle Land
Use Plan and North Triangle Utility Plan are included in Exhibit C of the application, and the
submitted Transportation Element addresses transportation for the entire North Triangle
area (Exhibit J of the application). While not binding upon these remaining properties, the
framework -level area plan shows how —at such time that they choose to annex and
subdivide —the properties within the North Triangle that are not participating in the Caraway
Master Plan can be served with transportation and other public facilities, and satisfy BCP
policies related to land use plan designations and housing mix. The policy is met.
11-143 The concept for this area, shown on Figure 11-7, is to provide fora mix
of uses, including residential development to balance the mix of
employment uses in this area and provide a transition to existing rural
residential areas to the north.
FINDING: Caraway will be a complete community, with housing near commercial, mixed -
use employment, and Tight industrial services that are scaled to serve the needs of
neighborhood and area residents. A complete community is one that considers
transportation options and connectivity, mixed and efficient uses of land, healthy
environments, jobs and commercial activity, and residents who help define a unique
character and sense of place.
Close to the geographical center of the Caraway Master Plan (and the North Triangle
Expansion Area) is a new 5.3-acre neighborhood park. Identified in BPRD's 2018
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Comprehensive Plan, this facility will provide numerous recreational opportunities for
residents of all ages. The neighborhood park will be well connected to the network of trails
and multiuse paths, and is envisioned to include picnic shelters, a naturalistic playground,
looped trails, a mix of lawns and natural landscapes, and other high -quality recreational
amenities. The ultimate design of this park will be refined with additional input from BPRD.
Caraway will contain a variety of housing types including multi -unit residential apartments,
townhomes, urban rear -loaded homes, traditional front -loaded homes, and village homes.
Many of these housing types constitute "middle" housing that sits between detached single-
family homes and mid -rise apartments. This variety will accommodate a wide spectrum of
future residents in regard to age, income, and socioeconomic character.
While specific employment uses are not known at this time, the south, southeast, and
eastern portion of the Caraway Master Plan will provide ample land for a variety of
commercial, mixed -use employment, and light industrial uses. The most intense
commercial uses are anticipated to be located at the southern edge of Caraway, along
Cooley Road. Moving to the northeast, commercial uses will transition to the mixed -use
employment areas, intended to allow for a broader mix of uses, including employment
opportunities and residential units. Light industrial areas are located in the northeastern
portion of Caraway, adjacent to Clausen Road, and close to the commercial corridor along
US 97. An open space corridor running along the northern boundary of Caraway buffers
existing rural residential areas to the north. The policy is met.
11-144 This area shall provide for a mix of residential and commercial uses,
including 86 gross acres of residential plan designations, 40 gross acres
of commercial plan designations, and 22 gross acres of industrial
designations, and 26 gross acres of mixed employment plan
designations (excluding existing right of way).
FINDING: The North Triangle Land Use Plan (Attachment C) shows a mix of RS, RM, RH,
ME, CL, CG, and IL plan designations totaling 93.11 gross acres of residential designations
(including 2.81 acres of existing Berg Lane right-of-way, 1.64 acres of existing Crooked
Rocks Road right-of-way, and 1.82 acres of existing Hunnell Road right-of-way), 40.01
gross acres of commercial designation (including 1.07 acres of existing Berg Lane right-of-
way), 26.39 acres of mixed -use employment designations (including 0.65 acres of existing
Hunnell Road right-of-way), and 22.28 acres of industrial designations (including 0.29 acres
of existing Hunnell Road right-of-way), which is within 1 percent of the listed residential,
commercial, mixed -use employment, and industrial plan designation areas. The policy is
met.
11-145 In order to provide sufficient housing capacity and mix, the residential
plan designations must include 60 gross acres of RS, 21 gross acres of
RM, and 5 gross acres of RH. The acreage of RM includes 3 to 4 acres
for a neighborhood park site, which may be designated PF if a site has
been acquired by the Bend Park and Recreation District prior to
Type III Caraway Major Community Master Plan
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Page 35 of 46
Order 2023-036 EXHIBIT C
completion of the Area Plan. Alternatively, the Area Plan may
demonstrate that this area will provide capacity for a minimum of 510
housing units, including at least 13% townhomes and at least 42%
multi -unit and duplex/triplex/quadplex housing types. The Area Plan
may include and rely on plan designations, zones, special plan districts,
and/or other binding development regulations to demonstrate
compliance with the specified mix and capacity.
FINDING: BCP Policy 11-145 outlines two pathways for providing sufficient housing
capacity and mix. The first pathway is based on the listed residential plan designations.
Although the applicant does not elect to use this pathway, the North Triangle Land Use
Plan (Attachment C) provides 64.96 gross acres of RS, 23.15 gross acres of RM and 5
acres of RH. The RS area includes 1.6 acres of existing Crooked Rocks Road right-of-way,
2.1 acres of existing Berg Lane right-of-way, 0.5 acres of existing Hunnell right-of-way, and
5.3 acres for a neighborhood park. The RM area includes 0.7 acres of existing Berg Road
Lane right-of-way, and 1.3 acres of existing Hunnell Road right-of-way.
Table 2 below details the area of each residential zoning district within the Caraway Master
Plan and framework -level area plan.
Table 2: North Triangle Expansion Area Zoning
Residential Zone
Master Plan
(gross acres)
Area Plan
(gross acres)
Total Area
(gross acres)
RS
64.96*
0.00
64.96
RM
23.15**
0.00
23.15
RH
0.00
5.00
5.00
Total
88.11
5.00
93.11
*Area includes 1.64 acres of existing Crooked Rocks Road right-of-way, 2.07 acres of existing
Berg Lane right-of-way, and 0.49 acres of existing Hunnell right-of-way
**Area includes 0.74 acres of existing Berg Lane right-of-way and 1.33 acres of existing Hunnell
Road right-of-way
The applicant elects to use the second pathway provided in Policy 11-145 for housing
capacity and mix, which requires a specific housing mix for the minimum number of
housing units required. Additional housing units exceeding the minimum number of units
required in Policy 11-145 are not subject to this housing mix requirement.
The second pathway is based on demonstrating that the North Triangle Expansion Area —
the Caraway Master Plan and framework -level Area Plan together —can provide capacity
for at least 510 housing units, including at least 13 percent (67 units) single-family attached
housing (townhomes) and 42 percent (215 units) multi -unit and duplex, triplex, or quadplex
housing.
Table 3, below, shows the mix of housing planned for construction within the Caraway
Master Plan, based on the conceptual lot layout shown on the Preliminary Master Plan
Type III Caraway Major Community Master Plan
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Order 2023-036 EXHIBIT C
(Attachment A). Generally, it is anticipated that the RS zoning district will contain most of
the project's detached single-family homes and the RM zoning district will contain most of
the townhomes. Finally, it is anticipated that the ME zoning district will contain additional
multi -unit residential units.
The North Triangle lands designated RH are not participating in the Caraway Master Plan
but are anticipated to provide at least 109 units of multi -unit residential housing (based on
the minimum RH density of 21.7 units/acre, times 5 acres of RH-designated property). In
addition, the 5.67 acre ME zoned portion within the North Triangle Expansion Area
outside the Caraway Master Plan may also include additional residential units as
permitted in the ME zone.
Table 3: Proposed Housing Mix
Proposed Caraway Master Plan
Residential Zone
Total Units
Townhomes
Duplex/Triplex/
Quadplex/Multi-unit
0
RS
261
0
RM
140
68
0
ME
192
0
192
Subtotal
593
68
192
Area Plan Minimum Capacity
RH
109*
0
109*
Subtotal
109*
0
109*
Proposed Master Plan and Area Plan
Total
702
68
301
Policy 11-145: North Triangle Area Plan
Required
510
67
215
*Assumes minimum density required for the RH zone: 21.7 units per acre
While the specific housing type and mix of uses will be determined with subsequent
tentative subdivision or site plan applications, the Preliminary Land Use Plan (Attachment
A) and Tables 2 and 3, above, show that the North Triangle Expansion Area —the
Caraway Master Plan and framework -level Area Plan together —can provide capacity for
at least 510 housing units, including at least 67 townhomes and 215 units of duplex,
triplex, quadplex, or multi -unit housing. Therefore, the policy is met.
11-146 The properties identified on Figure 11-9, below, shall provide for
affordable housing, consistent with policies 5-20 and 5-21 of the
Housing Chapter of the Comprehensive Plan, as follows:
o The minimum number of affordable housing units shall be 25% of
all housing units approved by the City on each property.
o The minimum required number of affordable housing units is
satisfied when 77 units of affordable housing (in total on the
Type III Caraway Major Community Master Plan
PLSPD20230175
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Order 2023-036 EXHIBIT C
properties identified on Figure 11-9) have been approved in land
use applications, subject to phasing requirement acceptable to the
City.
o Guarantees, in a form acceptable to the City, shall be in place to
ensure that affordable housing units will meet the affordability
requirements for not less than 50 years.
o Planning and phasing requirements for affordable housing units
shall be established, in a form acceptable to the City.
11-147 As an alternative to meeting the requirements of Policy 11-146,
affordable housing, consistent with policies 5-20 and 5-21 of the
Housing Chapter of the Comprehensive Plan and the requirements
below, may be implemented within the North Triangle as a whole
through an area plan, with prior written consent of affected property
owners and guarantees in a form acceptable to the City.
o The minimum number of affordable housing units shall be 77.
o Guarantees, in a form acceptable to the City, shall be in place to
ensure that affordable housing units will meet the affordability
requirements for not less than 50 years.
Type III Caraway Major Community Master Plan
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Figure 11-9: Properties subject to policy 11-146
..lklAll W.AVEN
Property Seined to ARordatrfe Mousing Policy
[3 Proposed UGB
Fax lots
Streets
FINDING: The properties subject to the affordable housing policies above are located
entirely within the proposed Caraway Master Plan area. The applicant is proposing to
satisfy Policy 11-146 by providing a minimum of 77 units of affordable housing as stated
in the Density section of the proposed Caraway code (consistent with BCP Policies 5-20
and 5-21). To fulfill this policy, the income limits and affordability duration must meet City
requirements in Policy 5-20 as noted in the Caraway code.
The developer has indicated that the required deed -restricted affordable housing will be
provided within the ME zone. While the design and configuration of the affordable
housing will be specified through future Site Plan Review application, guarantees, in a
form acceptable to the City, will ensure that these affordable housing units will meet the
affordability requirements for not Tess than 50 years. This standard can be met.
11-148 Buffering measures are required between industrial uses and abutting
residential uses within and adjacent to this area.
Type III Caraway Major Community Master Plan
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Order 2023-036 EXHIBIT C
FINDING: The conceptual lot layout, shown on the Preliminary Land Use Plan
(Attachment A), shows buffering measures (including streets or open space) between the
planned Light Industrial zone and residential uses. In addition, the planned mixed -use
employment designations are located to provide an appropriate density and use buffer
between light industrial uses in the northeast corner of Caraway and abutting residential
uses planned to the west. This standard is met.
11-149 The street, path and bikeway network shall provide connectivity
throughout this area and connect to existing abutting local roads.
Circulation plans for this area shall be coordinated with ODOT.
FINDING: The Street Circulation Plan (in Exhibit C of the application) shows the street
and multimodal network that connects the Caraway Master Plan internally, but also to
other properties within the North Triangle Expansion Area, the Gateway North Master
Plan area to the south, and lands outside the UGB to the north and west. The major
north -south (Hunnell Road) and east -west streets (Loco Road) through Caraway are both
planned to include 8-foot-wide multi -use paths on each side (as shown in BDC Figure
2.7.4890 and related street cross -sections)
In addition, a 10-foot-wide multiuse path is planned for the north side of Cooley Road.
The City's TSP map (Figure 5-1) identifies Cooley Road as part of the Bicycle Low Stress
Network. The incorporation of multiuse pathways provides a level of cycling stress of "1" —
which is the lowest level of stress for a roadside path.
The Transportation Element of the Caraway Master Plan and framework -level Area Plan
is included as Exhibit J of the application. The Transportation Element shows that the
roadways within and surrounding both the North Triangle Expansion Area and Caraway
Master Plan meet the applicable block spacing and connectivity requirements and also
address the multimodal functional goals. Detailed review of street block length and block
perimeter will occur with subsequent land use applications. The Caraway Master Plan
ensures that connections are available to serve all abutting lands, and the planned
roadway system does not preclude future development opportunities.
The City coordinated its review of the submitted Transportation Element with Deschutes
County and ODOT and these two agencies were also provided an opportunity to
comment on the City's Transportation Analysis Memo (PRTFR202204414) before
issuance. The policy is met.
11-150 Coordination with the Bend Park and Recreation District is required to
identify a suitable site for a neighborhood park within this area.
FINDING: Exhibit G of the application is a letter from the BPRD acknowledging
coordination that is leading toward a development agreement between the Applicant and
BPRD for a new neighborhood park, and associated trails and open space within it, to be
conveyed to BPRD. The policy is met.
Type III Caraway Major Community Master Plan
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Order 2023-036 EXHIBIT C
11-151 Coordination with other special districts and utility providers is
required within this area.
FINDING: Exhibit 0 of the application is a letter from the Swalley Irrigation District
confirming ongoing coordination with the Applicant regarding existing irrigation pipes and
ditches in a manner that facilitates planned construction phasing while maintaining
sufficient delivery of water.
Will -serve letters from applicable utility providers (Pacific Power, Avion, Cascade Natural
Gas, Lumen, CEC, TDS, etc.) are provided in Exhibit K of the application. A letter from
Bend La -Pine School District is in Exhibit H of the application. The policy is met.
4.5.200.D.3. Major Community Master Plan. (Continued from page 32)
d. If the major community master plan proposal contains a zone change
request to bring the zoning into compliance with the Bend Comprehensive
Plan designation, the zone change is subject to the approval criteria
of BDC 4.6.300(C).
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: Prior to future development of the subject property, the land within Caraway
Master Plan must be annexed into the City of Bend. An annexation application has been
submitted (PLANX20230176) to be processed concurrently with this Master Plan
proposal and considered with this application by the City Council. Upon annexation, the
current UA zoning will cease to apply, and the zoning map will be automatically updated
with the zoning district that implements the Comprehensive Plan Map designation, as
shown on Attachment E.
e. If the major community master plan proposal contains a proposed
amendment to the Bend Comprehensive Plan Map or text, the amendment
is subject to the approval criteria of BDC 4.6.300(B).
FINDING: The Caraway Master Plan proposal does not contain an amendment to the Bend
Comprehensive Plan Map or text amendment. Therefore, the approval criteria of BDC
4.6.300(B) do not apply.
Type III Caraway Major Community Master Plan
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Page 41 of 46
Order 2023-036 EXHIBIT C
E. Standards and Regulations. Minor and major community master plans must
comply with the following standards:
1. Access to Commercial Goods and Services. Access to commercial goods
and services must be provided in compliance with the following
standards:
a. The community master plan must have access to commercial
goods and services by walking or biking a distance not greater than
a one-half mile radius measured from all points along the perimeter
of the master plan boundary to any land planned, zoned or
developed for one or more such services. Such commercial uses
may be provided within nearby neighborhoods or nonresidential
districts as long as the minimum distance standard is met. In
satisfying such distance standard, commercial goods and services
that are not accessible by walking or biking because of physical or
geographic barriers (e.g., rivers, Bend Parkway, canals, and
railways) may not be used. Except for minor community master
plans that are proposing needed housing as defined by state
statutes, the Review Authority may find that this provision is met
when the commercial uses are located further away than one-half
mile but the purpose and intent of providing reasonable access to
the commercial uses has been met.
FINDING: The Caraway Master Plan includes 18.76 acres of commercial land, 20.73 of
mixed employment land, and 22.28 of light industrial land. The entirety of the Caraway
Master Plan boundary is within 0.5 miles of !and providing commercial goods and services.
CG-zoned land is also located immediately south and east of the Caraway Master Plan
boundary, between Hunnell Road, Clausen Road and US 97. The standard is met.
2. Multimodal Connections. Multimodal connections must be provided on site
in compliance with the Bend Urban Area Transportation System Plan (TSP)
and the Bend Parks and Recreation District Parks, Recreation, and Green
Spaces Comprehensive Plan, latest editions, and the existing and planned
trail systems adjacent to the community master plan must be continued
through the entire community master plan.
FINDING: Hunnell Road (a collector street) forms the primary north -south spine through the
Caraway Master Plan, consistent with the TSP, while Loco Road (a collector street),
Grandview Drive (a collector street), and Caraway Avenue (a local street) all provide key
east -west routes through the master plan. The proposed Caraway Street Type Plan and
Standards (BDC Figure 2.7.4890 and related street cross -sections) show these streets all
include 8-foot-wide multiuse paths and the collector streets also include buffered bicycle
lanes. A 10-foot-wide multiuse pathway is proposed along the north side of Cooley Road
along the southern boundary of the master plan. The Caraway Master Plan provides
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 42 of 46
Order 2023-036 EXHIBIT C
opportunities for vehicular, pedestrian, and bicycle connections through the master plan
and to adjacent lands. The standard is met.
3. Housing Density and Mix. Community master plans 20 acres or larger must
provide a mix of housing types and achieve minimum housing densities in
conformance with the standards of subsections (E)(3)(a) and (b) of this
section. To the extent that the Bend Comprehensive Plan Chapter 11, Growth
Management, proposes a different mix of housing and/or density standards
in the specific expansion area policies, then those policies apply.
FINDING: This project meets the applicable density standards in BDC 4.5.200(E)(3) by
showing that the North Triangle Expansion Area will contain the housing unit count and mix
prescribed in BCP Policies 11-144, 11-145, and 11-146 and 11-147 (for affordable housing
requirements). Housing density and mix is addressed further in the response to BCP
Policies 11-144, 11-145, and 11-147, above. The applicable standard is met.
4. The community master plan must contain a minimum of 10 percent of the
gross area as public or private open space such as parks, pavilions, squares
and plazas, multi -use paths within a minimum 20-foot wide corridor, areas of
special interest, tree preservation areas, or public and private recreational
facilities and must comply with the following:
a. The open space area must be shown on the conceptual site plan and
recorded with the final plat or separate instrument.
FINDING: As shown on Figure 2.7.4820, the Caraway Master Plan will contain
approximately 11.6% of gross area (17.42 acres) as both public and private open space
including a neighborhood park, a private community center, and multi -use trail systems.
This standard is met.
b. The open space must be conveyed in accordance with one of the
following methods:
i. By dedication to the Park District or City as publicly owned and
maintained open space. Open space proposed for dedication to
the Park District or City must be acceptable with regard to the
size, shape, location, improvement, environmental condition,
and budgetary and maintenance abilities; or
ii. By leasing or conveying title (including beneficial ownership) to
a corporation, owners association or other legal entity. The
terms of such lease or other instrument of conveyance must
include provisions (e.g., maintenance, property tax payment,
etc.) acceptable to the City. Private open space must be located
in a tract and include an open space easement.
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 43 of 46
Order 2023-036 EXHIBIT C
The Preliminary Master Plan (Attachment A) shows the gross area within the master plan
boundary is 149.88 acres. The Preliminary Open Space and Trails Plan (in Exhibit C of the
application shows 17.42 acres (11.6 percent of gross area) of open space, including a 5.3-
acre neighborhood park that will be owned and maintained by BPRD. Exhibit G is a letter
from BPRD acknowledging the outline of a draft development agreement between the
applicant and BPRD for a new neighborhood park and associated trails and open space
to be conveyed to BPRD. The Community Center, located to the northeast of the park
across a planned local road, will be an HOA-owned and maintained amenity that is planned
to include a clubhouse, pool complex, and outdoor activity area. Any additional open space
areas not transferred to BPRD are planned be owned and maintained by the HOA. The
standard is met.
c. Adequate guarantee must be provided to ensure permanent retention of
common open space and recreation areas which may be required as
conditions of approval.
FINDING: The timeline of the BPRD's acquisition of the neighborhood parks and other
public open space will be established in the final development agreement between the
applicant and BPRD. HOA-owned and maintained open space will be designated as
tracts (or similar) on the final subdivision plat for each corresponding phase, ensuring
they will be permanently retained and maintained as open space for the community.
F. Duration of Approval.
1. An approved community master plan will remain valid indefinitely unless
withdrawn by all owner(s) of property within the community master plan. The
City may deny withdrawal when a switch to otherwise applicable standards
would not be in the public interest because of sufficient development under
the community master plan. Standards and regulations identified in the
approved community master plan will control all subsequent site development
as long as the approved community master plan is valid. If alternative
standards and regulations are not specifically identified in the approved
community master plan, the applicable City standard at the time any
development application is submitted will apply.
2. The duration of approval for a community master plan must coincide with the
timeline outlined in the approved phasing plan and in accordance with the
time frames studied in the transportation analysis and water and sewer
capacity analysis for the community master plan. Site plan review or land
division applications submitted consistent with or earlier than as provided in
an approved phasing plan will not require an updated transportation analysis
and water and sewer capacity analysis as part of the development application.
Infrastructure capacity may be reserved for the community master plan site
for up to 15 years or as specified in an approved phasing plan.
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 44 of 46
Order 2023-036 EXHIBIT C
3. The time period set forth in this subsection (F) will be tolled upon filing of an
appeal to LUBA and must not begin to run until the date that the appellate
body has issued a final order.
FINDING: Attachment D is a proposed phasing plan (shown below). The timing and
sequence of the non-residential phases will be subject to market demand but several
phases are anticipated early in the process. The residential phases will also be dependent
on market demand as well as availability of infrastructure as it is built out to the northwest.
aq
Proposed Phasing Plan
The timeframe studied in the transportation analysis extended to 2040; and the Water and
Sewer Analysis Application assumed an open-ended timeline to achieve full build out. The
phasing plan will be in accordance with the time frame studied in the infrastructure analysis.
Thus, the duration of approval is through 2040.
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 45 of 46
Order 2023-036 EXHIBIT C
PLANNING COMMISSION RECOMMENDATION: Based on the application materials
submitted by the applicant, the findings in this report which are based on the applicant's
narrative addressing the relevant criteria for approval, the Planning Commission
recommends that the Bend City Council adopt an ordinance to amend Bend Development
Code Chapter 2.7, Special Planned Districts, to create the Caraway Master Planned
Development as proposed in Attachment F, with the following amendment: The permitted
and conditional uses in all zones within the Caraway master plan must not be more
restrictive than the underlying zone.
Type III Caraway Major Community Master Plan
PLSPD20230175
Page 46 of 46
Order 2023-036 EXHIBIT D
Boundary Change Preliminary Review
City of Bend
Planning Dept.
PO Box 431
Bend OR 97709
DOR 9-P121-2023
cion, OREGON
PARTMENT
OF REVENUE
Cadastral Information Systems Unit
PO Box 14380
Salem, OR 97309-5075
fax 503-945-8737
boundary.changes@dor.oregon.gov
July 10, 2023
Documents received: 6/22/2023
From: Daniel Robinson
This letter is to inform you that the Description and Map for your planneiA on to the City
of Bend (BPRD Annexation) in Deschutes County have been reviewed p i`" ® quest. They
MEET the requirements of ORS 308.225 for use with an Order, Ordi .n - esolution which
must be submitted to the Deschutes County Assessor and the Dcpa . .f Revenue in final
approved form before March 31 of the year in which the chaneYe come effective.
If you have any questions please contact Robert Ayers, 503-983-3032
Order 2023-036 EXHIBIT D
AYERS Robert A * DOR
From: Daniel Robinson <robinsond@aks-eng.com>
Sent: Thursday, June 22, 2023 1:47 PM
To: Boundary Changes * DOR
Cc: Sara Anselment; Joey Shearer; Janelle Guiao
Subject: Bend Park and Recreation District annexation map for review & approval by Department of Revenue
Attachments: 20230622 Bend Park and Recreation District ANNEX map.pdf
You don't often get email from robinsond@aks-eng.com. Learn why this is important
Good afternoon —
Please find attached an annexation map and legal description for review and approval by the Department of Revenue.
The property is planned to be annexed into the City of Bend, and an Annexation Agreement is required (per Bend
Development Code 4.9.500(A1) because the property to be annexed is not_currently located within the Bend Park and
Recreation District.
The map includes 8 map/tax lots, located in northern Bend, Oregon, that are part of the Caraway Master Plan:
171208D000201
171208D000202
171208D000102
171208D000100
171208D000101
171209C000200
171209C000100
171209D000093
Please confirm receipt, and in you review of this map, please let us know if you have any questions or need any other
information.
Thank you,
Daniel
Daniel Robinson, AICP
AKS
AKS ENGINEERING & FORESTRY, LLC
2777 NW Lolo Drive, Suite 150 I Bend, OR 97703
P: 541.317.8429 I www.aks-eng.com I robinsond@aks•enR.com
Offices in: Bend, OR I Keizer, OR I Tualatin, OR I Vancouver, WA
NOTICE: This communication may contain privileged or other confidential information. If you hove received it in error, please advise the sender by
reply e-mail and immediately delete the message and any attachments without copying or disclosing the contents. AKS Engineering and Forestry
shall not be liable for any changes mode to the electronic data transferred. Distribution of electronic data to others is prohibited without the express
written consent of AKS Engineering and Forestry.
1
BOARD OF
COMMISSIONERS
AGENDA REQUEST & STAFF REPORT
MEETING DATE: October 11, 2023
SUBJECT: Public Hearing and Board Order considering the annexation of certain properties
totaling approximately 153.61 acres to the Bend Park & Recreation District
RECOMMENDED MOTION:
First, hold a public hearing. Thereafter, move approval of Board Order No. 2023-036
approving the Pahlisch Homes annexation of approximately 153.61 acres into the Bend
Park & Recreation District.
BACKGROUND AND POLICY IMPLICATIONS:
Pahlisch Homes filed a petition to annex property into Bend Park & Recreation District. The
District approved the petition. The Assessor's Office and/or County Clerk certified the
petition and Community Development reviewed it for land use compatibility.
The eight affected properties are identified on Exhibit A of the draft order.
BUDGET IMPACTS:
None
ATTENDANCE:
Kim Riley, Legal