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HomeMy WebLinkAboutCOCC Use RestrictionDepartment of Administrative Services Dave Kanner, County Administrator 1300 NW Wall St, Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 www.co.deschutes.orus May 26, 2010 TO: BOARD OF COMMISSIONERS FROM: DAVE KANNER, COUNTY ADMINISTRATOR RE: COCC USE RESTRICTION For discussion at your June 2, 2010, work session is a request from Central Oregon Community College for the County to modify a use restriction on college -owned property that was donated to the college by the County in 1962. I must emphasize that this is not a reversionary interest per se, although the deed language creates limitations for the college that have the same effect as a reversionary clause. That is, the college would be unable to sell the property or, in all likelihood, obtain financing for the improvements planned for the site as long as the language is present. As such, COCC would like to mitigate or, better yet, remove the language. This is an issue we have been working on for nearly four years; just about the entire time I have been employed by the County. At issue are the words in the deed, "for college purposes." This phrase is not defined in state law or County ordinance, and the meeting minutes from 1962 offer no clues as to what the commissioners at that time were thinking by including the language in the deed. The 1962 land donation was one of several that created what is now the 200 -acre college campus. Another conveyance we have located, from Robert L. and Joyce Coats (dated September 27, 1962) contains very specific reversionary language. That deed states, "...that Grantee shall use [the land] solely for the purpose of constructing college buildings, facilities and campus within on or before January, 1967. In the event such use is not made of this property...then this grant shall terminate [and] property shall revert to Grantors..." One might infer and speculate that because COCC was a start-up venture in 1962, there was legitimate concern that the venture might not get off the ground, and that the County and other grantors wanted to ensure that their property would revert if such a venture did not succeed, or at least get started within four years. I think we can fairly assume that, nearly 50 years later, the venture has in fact been successful and that the concerns these deed restrictions were attempting to address are moot. Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manne) When we were first approached by COCC in 2006, it was with a proposal to place a reversionary interest (to the County's benefit) on a different piece of property on the COCC campus. This has proven to be a very difficult and cumbersome process for the college. What's more, COCC now has plans for the County property that may or may not fit the definition of "college purposes," depending on the interpretation of the Board of Commissioners. I believe a reasonable person can determine that "college purposes" includes residential, retail, commercial and academic development that generates income to support the education mission of the college as well as amenities for students and faculty. COCC, as you are probably aware, has received zoning approval from the City of Bend to proceed with a mixed-use development on the property and has entered into a development agreement with William Smith Properties, Inc., under which the college will retain ownership of the land. Attached is a letter and background material that I received from Matt McCoy, vice president of administration at COCC. Staff concurs with Mr. McCoy's request and recommends that we remove the use restriction from the deed. 0 Lit........" CENTRAL OREGON community college May 21, 2010 Dave Kanner Deschutes County Administrator 1300 NW Wall St., Ste 200 Bend, OR 97701 VICE PRESIDENT FOR ADMINISTRATION Telephone 541.383.7210 Fax 541.317.3065 Re: Release of County Use Restriction on College Land Dear Dave: 1 am writing on behalf of the Central Oregon Community College (''COCC") as a follow up to our recent conversations related to a use restriction that impacts certain land owned by COCC. This letter is our formal request that Deschutes County release a use restriction that it created in the conveyance of a ten acre parcel to COCC as part of the original Awbrey Butte Campus site in 1962. The release of this restriction is needed to facilitate the development of College owned land as a part of COCC's mixed use "Campus Village" area. The City of Bend recently created a "Special Planned District/Overlay Zone" with a wide range of land uses that are authorized on lands owned by the College. Our request would allow the land donated by Deschutes County in 1962 to be utilized consistent with the terms of this special zoning district. 1. Background This request concerns an approximately ten acre parcel that lies immediately adjacent to Shevlin Park Road. The specific location of the parcel is shown in the attached Exhibit A. Deschutes County conveyed the land to the Central Oregon Area Education District (the predecessor in interest to COCC) in 1962. A recorded deed conveyed the land to the Central Oregon Area Education District for "college purposes". A copy of the deed issued by the County is attached as Exhibit B. The County land donation was linked to the original land donations that established COCC's Awbrey Butte Campus in Bend. The campus began with the donation of a 140 -acre tract of land in the spring of 1962. The construction of College facilities began shortly thereafter in 1963, with the first three campus buildings (Ochoco, Modoc and Deschutes) completed by the spring of 1964. Additional buildings were constructed on the campus in 1965. The College experienced rapid growth in subsequent years with the construction of various educational buildings, residence halls, libraries, supporting facilities and infrastructure. The Awbrey Butte campus is now approximately 200 acres in size with 21 educational structures and over 400,000 square feet of interior space devoted to college related uses. In recent years, the College has faced an unprecedented demand for educational services and corresponding increases in student enrollment. The College has considerably expanded its curriculum, staff, enrollment and facilities in an effort to meet this growing demand. Enrollment has grown 85 percent in the past three years, with the total number of Central Oregon Community College 2600 NW College Way Bend, Oregon 97701-5998 www.cocc.edu 541 383 7700 Dave Kanner Page Two May 21, 2010 students exceeding 18,000 in the 2009-10 academic year. Despite the growing need for educational services, the state support for COCC has declined significantly in recent years, with the College receiving a diminishing share of available state revenues. As a result of these factors, COCC is exploring alternative sources of funding and indentifying revenue models that will serve the long term growth and viability of the institution. Through this process, the College has developed a long term plan that will utilize its significant land resources to support College programs and the continuing educational needs of our community. 2. COCC's Special Planned District In 2009, COCC completed a zone change for its Awbrey Butte Campus. The zone change was initiated, in part, because the entire campus was zoned for residential uses- a zoning designation that is inconsistent with the both existing and planned development on the campus site. In close coordination with the City of Bend, the College created what is now codified as the "Central Oregon Community College- Special Planned District/Overlay Zone" (Bend Development Code Section 2.7.1000). The Special Planned District established two primary zoning designations for the campus. A map depicting the boundaries and zoning within the special planned district is attached as Exhibit C. The primary zone in the district is the approximately 170 -acre `'Core Campus Area". The Core Campus Area includes the educational buildings and supporting facilities that serve the College's primary education programs. This includes classroom space, administrative buildings, residence halls, the bookstore, libraries, Cascades Hall (which houses the Oregon State University- Cascades Campus) and our recently constructed Campus Center. The remaining land within the Special Planned District is zoned as the "Campus Village Area". The boundaries of this zone are also depicted in Exhibit C. The Special Planned District will be developed as a mixed use area that will serve the educational, vocational and service sector needs of the College, its students, faculty, staff and the community. The Campus Village Area allows a broad range of permissible land uses that range from traditional classroom space to the service sector and commercial uses that are needed to support the College and its various programs. A copy of the zoning text for the Special Planned District (listing permitted and conditional uses in the various zones) is attached as Exhibit D. The Special Planned District is intended to foster an innovative mixed-use area of academic, social, residential, retail and commercial uses/activities that are accessible to students, faculty, and staff located on lands owned by the College. The broad range of uses now permitted on College owned lands will facilitate the long term development of the educational and vocational programs that are needed to serve our community. COCC's first building within the Campus Village Area will be the "Cascade Culinary Institute". This flagship program is designed as a regional culinary arts program that will attract students, faculty, staff and visitors from throughout the nation. Development of this project is well underway with construction scheduled to begin Summer 2010. The parcel that COCC obtained from Deschutes County in 1962 has been zoned primarily as part of the Dave Kanner Page Three May 21, 2010 "Campus Village Area". While COCC has no immediate plans for the development of this parcel, the County use restriction is inconsistent with its current zoning designation. 3. Impact of the Use Restriction COCC's Special Planned District has been designed to further the educational and vocational needs of the College and the Central Oregon community. While all campus land will remain under College ownership, the district zoning rules allow the development of certain commercial and service sector uses within the Campus Village area. This will foster the growth of businesses and commercial enterprises as part of a fully integrated campus environment where the needs of students, faculty and staff can be met on site. COCC anticipates entering leases with compatible business interests that will provide for the construction of buildings for service and commercial uses in the Campus Village. At the conclusion of an applicable use term, the district zoning rules allow the conversion of facilities to classroom space, vocational programs and other more traditional educational programs. This program provides the College with a mechanism to construct additional buildings and public infrastructure without any initial capital outlay or expense. The County deed restricts use of the donated parcel for "college purposes". This term is undefined and its precise scope is difficult to interpret under the law. COCC strongly believes that all of the activities and development planned for the Campus Village Arca will be directly or indirectly tied to the public educational mission of the College. However, in individual cases, a specific lease or development proposal could arguably run counter to this restriction. For example, the development of a credit union, medical office or other facility intended to serve students, faculty and staff would have only an indirect connection to College purposes. The recorded use restriction could make it impossible for the College to attract much needed service providers or to obtain the financing that is needed to build supporting facilities and infrastructure. The governing use restriction would preclude the College from implementing many of the mixed use zoning designations that arc now authorized in the Special Planned District and that are critical to developing a fully integrated campus environment. 4. Request As noted above, we respectfully request that the County remove the '`college purposes" use restriction that it placed on the donated parcel in 1962. Oregon law (ORS 271.335) provides the County with a legal mechanism to relinquish a use restriction that was created by deed over 20 -years ago. At the time of the original land donation, this restriction was intended to facilitate the development of higher educational programs in the arca that is now COCC's Awbrey Butte Campus. We believe the County's objectives have been well served in this instance. The campus has grown and developed with our community and currently serves the educational needs of our entire region. The release of this restriction will facilitate the long term growth and development of the campus consistent with the Special Planned District that has been developed for the College. Dave Kanner Page Four May 21, 2010 A draft document that releases the existing use restriction is attached as Exhibit E. Please review this document with your legal counsel and provide us with any comments or concerns. Representatives of the College are always available to answer any questions you may have regarding this request or the Special Planned District generally. We sincerely appreciate your consideration of our request. "Thank you. Sincerely, Matthew Vice President or Administration n..Tnn ae,n. .,+v n139-0000-,IWa-i6Lir fr&rr .00L=4 3WYN SW 0M14511110 'M' :orosd ala O .��q�y� nie J[.11Jtri 00, FF'IA , , wire .10 AID 6MN 03AVMgX3 I q$ kiIYAM c1VW 118114X3 (0000) 392T1O0 .WNOYJWOO NO0321O 1V211N3O wr .o yw wm madr MY 'A+ a n ;,0 mow Sir 11 ii it et 1mvii la rw VI 4It4 SO 40 4404 w4444',i�4°vsti taw 44ti II it ,/5sst IHIEN Exhibit A .YN.S,10, 0 Pte¢ 19g Zr va 133 man KNOW ALL MEN BY THESE ?REEDITS, That Deschutes County, Oregon, a municipal corporation, by and through its duly elected, qualified and acting.County Judge arca County Commissioners, for and in consideration of the`eum of $10.00 to -it paid by Central Oregon Area Education District, does.hereby remise, release and forever QUITCLAIM unto the said Central Oregon Area Education District all its right, title and interest in and to thefollowing described real property, situated in the County of Deschutes, State of Oregon, to -wit:' mkswis4, Section 25,'. Township 17 South, Range 11 EastofWillamette Meridian, Deschutes County, Oregon. Tax lot 5300. TO PAYE MW TO HOLD, the same unto the said Central Oregon Area Education District forcollegepurposes. IN WITNESS WHEREOF,We, D. L.-Penhollow,.F. C: Shepard and George F. Baker, the duly elected, qualified and acting County Judge and County Cosnissioners, acting for and in behalf ofDeschutesCounty, Oregon, have hereunto set our hands and. affixed the seal of said County this 17th day.ot October, 1962. STATE OF OREGON County of Deschutes DESCHUTES COUNTY, OREGON ,f/ 2;0-1 ,/ Seer/ my Judge. By �`.i• 7 , .f l eer1 County Comrdsadoner ,CC Hyl � V - , aunty, omrdssioner BE IT Rffidffi0BEtiED, That on this r 7."day of �•-'''r: *•_ , 1962, before me, the undersigned,.a Notary Public in and for said County and State, person- ally appeared the within named D. L. Penhollow, County Judge, and F. C. Shepard and George F. Baker, County Cominissioners of Deschutes County, State of Oregon, who are known to me to be the identical individuals described in and who execu- ted the within instrument, and acknowledged to me that they executed the lame. 'INWITNESS WHEREOF, I have hereunto set my hand and notarial seal this "!`• and year Diet above written. .A ,U J 0 . l • Notry Public for Oregon �Lv Commission Expires. _ „ icy Exhibit B rk Deput Ordinance NS -2126 Page 9 of 28 Exhibit C ORDINANCE NO. NS -2126 AN ORDINANCE AMENDING THE BEND DEVELOPMENT CODE TO CREATE THE CENTRAL OREGON COMMUNITY COLLEGE (COCC) SPECIAL PLANNED DISTRICT. THE CITY OF BEND ORDAINS AS FOLLOWS: Section 1. Section 2. The Bend City Council held a public hearing to consider the Planning Commission's findings and recommendation and found that the requested Development Code amendment is consistent with the criteria of the Bend Development Code Chapter 4.6 as shown in Exhibit B. The Bend City Council adopts the findings in Exhibit B. The Bend Development Code is hereby amended by adding Section 2.7.1000 Central Oregon Community College (COCC) - Special Planned District/Overlay Zone as shown in Exhibit A. Read for the first time the 15th day of July, 2009. Read for the second time the 5th day of August, 2009. Placed upon its passage the 5th day of August, 2009. YES: 6 NO: 0 ABSTAIN: 1 Authenticated by the Mayor the 5th40 day of August, 2009. /v Kathie Eckman, Mayor ATTEST: Patricia Stell, City of Bend Recorder Exhibit D Ordinance NS -2126 Page 1 of 28 EXHIBIT A 2.7.1000 Central Oregon Community College (COCC)- Special Planned District/Overlay Zone Sections: 2.7.1001 Purpose 2.7.1002 Definitions 2.7.1003 Applicability 2.7.1004 Permitted and Conditional Land Uses 2.7.1005 Parking 2.7.1006 Access and Circulation. 2.7.1007 Transportation 2.7.1008 Development Not Requiring Site Plan Approval 2.7.1009 Natural Resource Plan 2.7.1001 Purpose The purpose of the Central Oregon Community College Special Planned District/Overlay Zone ("District') is to implement the Public Facilities (PF) General Plan designation at the Awbrey Butte campus of the Central Oregon Community College ("COCC" or "College"). The District is designed to foster an innovative mixed-use area of academic, social, residential, retail and commercial uses/activities that are accessible to students, faculty, and staff and located on lands owned by the College. The District will create a variety of different academic, social, recreational, and commercial amenities that will serve the needs of the surrounding community. The development of College owned lands within the District boundaries will provide the College with a source of financial revenue that will be utilized to provide additional educational opportunities for the benefit of the community and facilitate the long-term growth and viability of the campus. The standards of the District implement the PF General Plan designation in a manner that will: • Promote the long-term health, vitality, and growth of the College by strengthening the on -campus living/learning opportunities through careful development and management of the Awbrey. Butte Campus. • Provide for a financially stable college campus environment serving the educational and vocational needs of the Central Oregon community. • Encourage coordination between the College and the City of Bend, especially in the area of land use planning and review for campus development. • Accommodate planned Awbrey Butte Campus growth including but not limited to development of: educational, vocational, and mixed-use facilities on lands owned by the College; uses and/or structures associated with research programs; and, uses and/or structures associated with lifelong learning, basic skill development, and university transfer education. • Ensure the compatibility of campus development with surrounding areas by allowing uses and outdoor spaces that promote interdisciplinary opportunities and the shared opportunities of study, housing, dining, services, entertaining, and sports. • Ensure the adequacy of the public facilities and infrastructure that are needed to serve development within the boundaries of the District. • Create additional opportunities/flexibility for COCC to develop relationships with private enterprise for the benefit of the College, its students and the community. • Provide for zoning and land use regulations that allow COCC to rapidly respond to opportunities and changing needs in the college environment. • Create zoning and land use regulations that allow COCC to utilize its Awbrey Butte Campus landholdings to generate revenues for the benefit of the campus, its students, and the Central Oregon community. • Develop a fully serviced campus environment that reflects an inward focus on learning and an outward focus on community. 2.7.1002 Definitions Ordinance NS -2126 Page 2 of 28 The following definitions apply to uses, building types and standards that are specified in the Central Oregon Community College (COCC) - Special Planned District/Overlay Zone. Campus includes all of the lands owned by the College within the boundaries of its Awbrey Butte Campus as depicted on the attached Figure 1. Core Campus Area includes all of the land depicted as the "Core Campus Area" on the attached Figure 2. Campus Village Area includes all of the land depicted as the "Campus Village Area" on the attached Figure 2. Special Planned District Boundary is depicted on Figures 2 and 3. Transportation Demand Management Techniques ("TDM") is a general term that describes various measures, strategies and policies that the College has and can implement to improve performance of transportation facilities and to reduce need for additional road capacity. Methods may include but are not limited to the use of altemative modes, ride -sharing and vanpool programs, and trip -reduction ordinances. 2.7.1003 Applicability The special standards of the Central Oregon Community College- Special Planned DistricVOverlay Zone implement the Public Facilities (PF) General Plan designation on lands owned by the Central Oregon Community College and zoned Public Facilities within the "Special Planned District Boundary° as depicted on Figures 2 and 3. Where no special standards are provided, the applicable standards of the underlying zone shall apply. 2.7.1004 Permitted and Conditional Land Uses Table 2.7.1000 below outlines those land uses that are "Permitted Outrighf and that are permitted as "Conditional Uses" within the boundaries of the Special Planned District/Overlay Zone. The table specifies different land use standards for the areas designated as the "Core Campus Area" and "Campus Village Area" as designated on Figure 2. The Core Campus Area is intended to provide for more traditional College, educational and ancillary uses. The Campus Village Area designation allows a mix of educational, vocational, residential, service and commercial uses that can serve, complement and enhance opportunities in the educational core. The Campus Village Area is intended to providedevelopment standards that are consistent with other integrated and highly successful academic institutions around the state and country. Table 2.7.1000— Permitted and Conditional Land Uses 107. Single-family detachedhousing Single-family courtyard housing Attached Single-family Townhomes Two -and three-family housing du lex and tri lex Multi -family housing (more than 3 units Residence Halls Overnight lodging Child Day Care Facility Adult Day Care Residential Care Facility (6 or more residents Accessory uses and structures, includin! dwellin!s (rs a All uses permitted in the Public Facilities PF Zonin. District C* C* C* P* P* P* P* P* P* C* P* idjearal P P P P P P P P P P Ordinance NS -2126 Page 3 of 28 Educational, vocational and related research buildings and/or facilities p - p Meeting and conference facilities p* p Entertainment related facilities p* p Roads, pathways and transportation systems whether public or privately owned. p - p Light industrial uses p* C* Repair services p* p* Communication and/or broadcasting facilities, production studio transmission facilities and necessary or supporting structures. p* p Utility facilities and transmission towers C C Parks, playgrounds, play fields, athletic facilities, sports complexes, recreational , facilities, trails, natural areas, open spaces (without night lighting or amplified sound) - P. p Places of worship p* C t., Lar h��@+!�,i':Sr:a�a�'; Retail, commercial and service uses that are open to the public and available to serve students, faculty, employees and other persons associated-with the Collegel. p* - '�- p Office Uses P* p Food services, personal and professional services, and student shopping opportunities. p* p Culinary Institute and all related and accessory uses Including, but not limited to any hospitality related service operated in connection with the Culinary Institute. p* p Credit unions, banks and financial service Institutions that are open to public use and available to serve students, faculty, employees and other persons associated with the College p* - _ p Medical offices, health and wellness clinics that are open to public use and available to serve students, faculty, employees and other persons associated with the College - p* p �,.yy- pu rt m rr :',3 v'ix. .., „r S,k i a -., , .`v} is 4sti s xn v,� •,4 Outdoor athletic, recreational or C* entertainment related facilities with night lighting and/or amplified sound systems. .tea C* Accessory uses and buildings - P customarily used to support a permitted use or an approved conditional use, including parking lots/parking areas and service roads needed to serve permitted or conditional uses. P Outdoor storage provided such p* storage is setback at least 25- feetfrom the Campus boundary. p Buildings containing a mix of p* uses permissible in this District. p 1 No single retail user may exceed 20,000 square feet on the first floor. Ordinance NS -2126 Page 4 of 28 rf/Lf.:a';., .,s,1;::>a „ ' , ° Chielali litlex' i g ,M. 04Wt{i6tViltage.;{"gst Lot Dimensions Government offices and - facilities (including but not limited to: administration, public safety, utilities, and similar uses) P* - p Diagnostic testing, counseling and administrative offices. Meeting, office and administrativefacilities for non- profit, philanthropic, and public community service programs. P* - - P The conversion of buildings or structures from office, commercial or retail use to classroom space or other College or educational purposes. NA P Temporary activities and sales such as Christmas trees, benefit sales and activities, and other holiday products. P p Arts and Crafts Studios p* p Accessory and secondary uses that traditionally occur on college campuses. _ P* p Key to Permrtted uses P = Uses Permitted Outright C = Conditional Uses subject to the standards outlined in Chapter 4.4. N= Not Permitted *Use shall primarily serve College students, faculty, staff, and/or employees or the intended use is associated with College activities and/or programs, or the use is accessory to a permitted use. NA = Not applicable Table 2.7. 1002 B — Development Standards ArWoittitippt `n lards°. „ ' , ° Chielali litlex' i g ,M. 04Wt{i6tViltage.;{"gst Lot Dimensions None Front, Side, and Rear Yard Setback • - None, except when abutting a residential zone. A 100' setback is required abutting Residential zoned property - (excluding rights of way) alon0 the extemal boundary of the Campus. - None, except when adjacent to a residential zone. Where a residential structure abuts a lot in a Residential zone, the yard setbacks shall be the same as the setbacks of the abutting Residential zone. Non-residential buildings, parking areas, drives, and private roads shall be setback a minimum of 25 feet tem the boundary where it abuts a residential zone. • Building Height - - 70 feet provided building is setback a minimum of 100 feet from the Campus boundary where the boundary line abuts a residential zoning district Building height shall not exceed 50 -feet if developed within 100 feet of the Campus boundary where the boundary line abuts a residential zoning district. 60 feet provided building is satbaok , a minimum of 100 feet from the Campus boundary where the boundary line abuts a residential zoning district. Building height shall not exceed 50 -feet If developed within 100 feet of the Campus boundary where the boundary line abuts a residential zoning district. Lot Coverage No minimum or maximum requirement Architectural Design Standards All buildings within 100 feet of the Campus boundary where the boundary line abuts a residential zoning district are subject to the -• applicable design standards of Chapter 2.1.900-1000. All other buildings are required to use architectural features such as: windows, pedestrian entrances, building offsets, projections, detailing, and, change in materials or similar features to break up and articulate large building walls greater than 80 linear feet in length. A minimum of 15% of the horizontal building fagade and a minimum of 10% of all other horizontal building elevations shall contain a variety of architectural features. Building Entrances Recessed entries, canopies, and/or similar features shall be used at the entries to buildings in order to create a pedestrian -scale Landscape Requirements Due to the large size of the Campus, the landscaping standards of Chapter 3 shall only apply to an area that is measured 25 feet beyond the perimeter of the footprint of proposed new development sites for buildings and/or parkin lots. Ordinance NS -2126 Page 5 of 28 Landscape Buffer Requirement A 25' landscape preservation buffer is required abutting streets along the external boundary of the Campus. A 100' landscape preservation buffer is required abutting Residential zoned property (excluding rights of way) along the external Campus boundary of the Core Campus Area. 2.7.1005 Parking In accordance with Table 3.3.300, a Parking Management Plan shall be formulated for the Core Campus Area and updated with each subsequent Site Plan application. The Campus Village Area may be included in this plan or parking in the Campus Village Area may be provided based on other uses in Table 3.3.300. The Parking Management Plan shall also address the bicycle parking requirements of section 3.3.600. 2.7.1006 Access and Circulation The attached Figure 4 illustrates the location of existing buildings, structures, roadways and trails within the boundaries of the District and provides a conceptual depiction of future development areas and planned access corridors within the Core Campus Area and Campus Village Area. Figure 4 provides a depiction of some of the planned roadways and trail corridors within the District. Roadways and roadway connections shall be in general conformance with Figure 4 with the final location of roads and roadway connections shall be established through the Site Plan review process. Due to the unique nature and use of the College property, including the steep topography of the site and existing natural features and open space, the access corridors, trail connections and block lengths have been designed in a manner that is intended to provide connectivity while minimizing conflicts between the established transportation system and existing surrounding neighborhoods. This access and circulation plan provides an interconnected transportation system consistent with the intent of Section 3.1. Therefore, Figure 4 supersedes the block length and block perimeter requirements of Section 3.1. 2.7.1007 Transportation Core Campus uses shall be permitted in both the Core Campus area and Campus Village area without a limit on the number of overall trips. Core Campus uses "students" as the independent variable in trip generation calculations. Campus Village uses shall be permitted in -the Campus Village area shall be subject to a trip threshold established as a condition of zone change approval (Ordinancerts-2127 ). Trip reducing mitigation measures, including but not limited to a coordinated TDM plan, may be evaluated and credited in connection with each site plan application In accordance with Chapter 4.2, applications for development of Campus Village and Core Campus uses must demonstrate that transportation facilities have adequate capacity to serve the proposed use 2.7.1008 Development Not Requiring Site Plan Approval . Given the size and integrated nature of the Campus, the College shall not be required to obtain Site Plan approval for any of the following development actions which are considered to have little or no impact on the public or surrounding properties: • Private roadway and/or driveway connections not shown in Figure 4 and which are not associated with a specific building proposal or approved site plan and do not intersect with a public roadway • the construction and/or extension of sidewalks and trails • the placement and/or extension of utilities • installation of pedestrian and bicycle facilities 2.7.1009 Natural Resource Plan In conformance with the landscape conservation requirements of Chapter 3.2, an inventory of significant vegetation shall be submitted along with a preservation plan for each Site Plan application. The natural resource inventory shall include all significant vegetation by size (DBH) and species, as well as rock outcroppings, with two -foot contours shown. Ordinance NS -2126 Page 6 of 28 Ordinance NS -2126 Page 7 of 28 0 Ordinance NS -2126 Page 8 of 28 Ordinance NS -2126 Page 9 of 28 Ordinance NS -2126 Page 10 of 28 EXHIBIT B FINDINGS IN SUPPORT OF PZ 09-40 CONFORMANCE WITH CITY OF BEND DEVELOPMENT CODE CHAPTER 2.7 SPECIAL PLANNED DISTRICTS 2.7.100 Purpose Special Planned Districts describe in more detail the type of development planned for a specific area than is typically found in a comprehensive plan, zone map, or public facilities plan. The area covered by a plan can include multiple parcels and landowners, or a single large parcel. FINDING: This Chapter outlines the purpose of Special Planned Districts and contains Sections for each Special Plan District with the standards adopted for each district. The applicant proposes adding a new Special Plan District for Central Oregon Community College. The following findings address the characteristics of Special Planned Districts as outlined in the purpose statement above. • Designation of site-specific land uses (e.g., for individual parcels); The General Plan and Development Code do not provide detail about the types of uses and activities commonly found on college campuses or mixed-use campus environments. COCC's proposal to create a Special Planned District serves to provide greater detail about the current educational uses that occur on the campus today and the types of uses common to a mixed- use campus environment. Thus, the Special Planned District will serve to provide more detail about the type of development contemplated for the College over the long term. COCC provides educational programs, services and activities on what amounts to a single large parcel of land. • Design standards specific to a geographic area; The COCC site contains existing educational buildings and structures with varied topography, vegetation, and steep slopes. The site and the proposed uses will be designed to accommodate the topography and unique site features. The Campus Village will include a greater portion of the mixed-use structures while the Campus Core will include a greater concentration of educational uses and student amenities. However, the advantages of mixing uses and developing mixed-use structures may occur throughout the campus area as defined in the proposed Special Planned District text. • Detailed description of public facilities needed to serve development; The College submitted a series of public facilities analyses that evaluate the available capacity and adequacy of the public utility system. City staff concurred with the findings in the analyses and adequate capacity is available to support the zone change and proposed uses. Conceptual maps denoting the location of potential transportation connections are contained in the record. These serve to generally locate existing and proposed public/private streets, driveways, trails and other features. It is expected that refinements will occur to these conceptual maps as the College expands overtime. • A plan adoptedthrough a consensus -based process involving the property owners; Neighborhood meetings and ongoing dialogue with students, staff, and property owners were conducted prior to the submittal of the application. Comments received from the neighborhood meeting are part of the record and were considered by the college when developing the mixed- use campus approach. A public hearing on the proposal was held before the Planning Commission and City Council which surrounding property owners attended and participated in. • Streamlined development review for projects that are part of the plan; The COCC. Special Planned District will streamline review processes by eliminating the need for Conditional Use Permit approval for uses which typically occur on college campuses but which require a Conditional Use Permit in residential zones. The plan also provides a Ordinance NS -2126 Page 11 of 28 conceptual plan for future street and pedestrian connections throughout the campus which takes into account topography, natural features and existing surrounding development and street connections, rather than relying on the block length and block perimeter requirements of Section 3.1.200. • May include intergovernmental agreements and complimentary zoning for sites that cross jurisdictional boundaries (e.g., between city and county). The subject property and the Bend COCC campus are within the jurisdiction of the City of Bend and do not cross jurisdictional boundaries. A Special Planned District usually focuses on some unique feature of the site, such as natural resources, economic activity, or desired neighborhood character. Special Planned Districts may be used for large undeveloped areas, or partially developed areas with potential for infill and redevelopment. The COCC campus is a unique feature within the Bend community given its purpose, location, and urban setting. This application and proposal will help COCC develop the tools necessary to expand into a mixed use campus while refining the type of uses that can be developed within the boundary of the campus. Special Planned Districts differ from Master Planned Developments (Chapter 4.5) in that there is nd required phasing or timeframe for development, and an application for future development (i.e.,subdivision and/or site plan) need not accompany the application for Special Planned District approval. COCC is npt proposing a specific phasing plan or timeframe for development of any particular use. Funding and other financial limitations often guide the development timing of college facilities. However, all land use applications for property within the Plan are required to comply with the panned area policies and regulations as well as the development standards for the underlying zone. 1 The proposal and the Special Planned District text will guide the development of uses on the COCC campus. The Special Planned District serves to implement the purpose of the PF, Public Facilities Zone and provides a greater level of detail given the unique features common to mixed-use college campuses. Thus, compliance with the Bend Comprehensive Plan is achieved through the additional zoning detail provided by the proposed Special Planned District. All future development will be required to go through the Site Plan Review and approval p?ocess per Chapter 4.2, at which time the impacts of each specific development request wil be reviewed for compliance with all applicable Development Code Standards and Criteria: CHAPTER 3.1, ACCESS, CIRCULATION, AND LOT DESIGN 3.1.200 Lot and Block Design B. Street gonnectivity and Formation of Blocks Required. FINDING: The Special Planned District text contains an exhibit (Figure 4) that provides a general and conceptual depiction of the system of roadways, pathways and access corridors that will serve future development of the Core Campus and Campus Village areas. Chapter 2.7 of the City Development Code allows a Special Planned District to establish specific and overriding development standards based on the unique features of the site, natural resources, economic activity and neighborhood character. COCC has proposed conceptual access corridors, trail connections and block lengths that are dictated by the unique nature of the College property, the steep topography of the site and the desire to preserve existing natural features. Access corridors, trail connections and block lengths have been developed in a manner that is intended to provide for the interconnection between the designated Core Campus and Campus Village areas and the surrounding neighborhoods. Along colleptor and arterial roadways (Mt. Washington Drive and Shevlin Park/Newport), the applicant has created access connections that align with the pattern of surrounding Ordinance NS -2126 Page 12 of 28 development and minimize conflicts with the established residential neighborhoods that surround the College. Based on the factors set forth above, the applicant's conceptual access and circulation plan '(Figure 4) ensures safe and efficient access to the subject property and provides for the circulation of pedestrians and vehicles through .an -interconnected transportation system, consistent with the intent of Section 3.1.100 of the City Development Code. The road and trail corridors depicted on Figure 4 are conceptual in nature and final road and trail locations will be analyzed and fixed in connection with future development applications. In addition, the timing of designated road and trail improvements will be determined through the Site Plan process when specific road and trail corridor improvements are necessary to support a specific future development project. CHAPTER 4.6, LAND USE DISTRICT MAP AND TEXT AMENDMENTS FINDING: This application has both legislative and quasi-judicial characteristics. The proposed zone change and text amendment Involve broad public policy determinations that have implications on a City, regional and state wide basis. The application will impact the future growth, development and management of a publicly owned educational institution that provides services and benefits to the entire region. As such, the proposal can be characterized as a legislative amendment under Section 4.6.200. At the same time, the application will establish development standards and criteria that impact a specific group of properties that are owned and managed by the College. The application of these standards to a limited group of properties and a specific factual setting is consistent with the standards for a quasi-judicial amendment as provided in Section 4.6.300 of the Bend Development Code. As a result of its unique status, the applicant agreed to apply the more restrictive criteria of a quasi-judicial amendment as specified in Section 4.6.300. However, in recognition of the significant public policy implications associated with this proposal, the application is being processed as a legislative proceeding pursuant to Section 4.1.320. 4.6.300 CRITERIA FOR QUASI-JUDICIAL AMENDMENTS 1. Approval of the request is consistent with the relevant Statewide Planning Goals that are designated by the Planning Director or designee; FINDING: Goal 1, Citizen Involvement,. is "To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process." The City has adopted a program in compliance with this Goal, codified in BDC Chapter 4.1. Legislative amendments to the zoning map and zoning text are reviewed under a Type IV procedure, as detailed in BDC Chapter 4.1.300.. The public meeting required by BDC Chapter 4.1.210B, took place on January 21, 2009. Notice of the meeting was provided pursuant to BDC Chapter 4.1.210C. Public notice was also provided for the public hearing before the Planning Commission and City Council in conformance with the requirements of BDC Chapter 4.1.315, which ensure that citizens are informed in four different ways about the public hearing; published notice, posted notice, individual mailed notice and neighborhood association contact. Goal 2, Land Use Planning, is 'To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions." A public hearing was held before the Planning Commission on June 22, 2009 and the City Council on July 15, 2009: Findings of conformance with all applicable policies and review criteria are contained in this document. Goals 3, 4, and 5 are not applicable because the properties do not include any agricultural land, forest land, or inventoried open spaces, scenic areas, historic resources, or natural resources Goal 6 is not applicable because the proposed zone change will not have any impacts to air, water, and land Resources Quality. Goals 7 and 8 are not applicable because the subject properties are not within an identified natural hazard area, nor within an area identified for recreational use. Ordinance NS -2126 Page 13 of 28 Goal 9, Economic Development is "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens? It further notes that the comprehensive plan should "take into account the social, environmental, energy, ani economic impacts upon the resident population." The applieent's proposal will facilitate the long term operation, growth and expansion of educational opportunities on the lands owned by COCC. The educational and vocational services offered by COCC at its Awbrey Butte Campus site provide students with skills, training and education that are vital to the economic health and welfare of the Central Oregon community. The City's General Plan Map contains a Commercial Convenience designation located on the subject property. This designation is consistent with the applicant's proposal to place the mixed use Campus Village in a core area of the City that is immediately accessible to the students, faculty and lstaff of COCC, providing economic opportunities to the College, the City, and areas surrounding the campus. The record lindicates the City has a documented shortage of economic opportunity lands which the proposed zone change and text amendment will partially address. The proposal will allow the development of smaller scale commercial uses in an area that is in close proximity to the College's etlucational core area. The Integration of service and commercial uses into the campus environment will limit off-site vehicle trips and thereby assist in preserving the capacity of the City's system of transportation infrastructure. Goal 10, Housing, is to "Provide for the Housing Needs of the citizens of the State". While the COCC Campus is currently zoned for standard density residential uses, it has been developed as a center; for educational and related uses since the 1960's. The district text provides for the development of a variety of housing types in the area designated as the Campus Village and the Core Campus Area. Multi -family residential units, residence halls, and student/faculty housing areas will be allowed as outright permitted uses in both areas. Goal 11, Peblic Facilities and Services, is "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." The subject property is bounded by designated collector and arterial roadways to the south and west. Primary access to the College is provided by NW College Way (the southern portion of which is designated as a Major Collector roadway) that runs from NW Shevlin Park Road to the center of campus, connecting to Mt. Washington Drive at the northern campus boundary. The existing campus is served by City sewer, water and transportat on infrastructure. Any new or future development within the boundaries of the subject property will be served through an extension of such services The applicant's proposal will result in the orderly and efficient use of existing City services and facilities. Goal 12 Transportation, is 'To provide and encourage a safe, convenient and economic transportation system." Unlike the other applicable goals, Goal 12 is implemented through the detailed Transportation Planning Rule, OAR 660-12. Compliance with this rule is addressed further on and incorporated by reference herein. The proposed plan amendment is consistent with and satisfies the requirements of the TPR which implements this goal. Goal 13 Errergy, is "To conserve energy." The resulting mix of service, residential and educational uses allowed in the Campus Village area will keep students, faculty and staff on campus and reduce vehicle trips to the site as well as unnecessary out of direction travel. The - proposal will also provide for the more efficient use of College owned lands thereby conserving energy for &he benefit of the City and its residents. The proposed zone change and text amendment will increase development densities along an existing transportation corridor and thereby achieve greater energy efficiency. - Goal 14 U anization, is "To provide for an orderly and efficient transition from rural to urban land use, t4 accommodate urban population and urban employment inside urban growth boundaries to ensure efficient use of land, and to provide for livable communities." As noted above, the existing COCC campus has long operated in this core area of the City where urban levels of services are provided. The proposed zone change and text amendment will facilitate higher density "in fill" development in an area devoted to higher education and learning. The mixed usenature of the subject proposal will increase educational, vocational and employment opportunities within a core area of the City. The applicant's proposal is expected to result in additional jobs in a central area served by City services. Ordinance NS -2126 Page 14 of 28 Goals 15 through 19 are not applicable because they only pertain to areas in western Oregon. 2. Approval of the request is consistent with the relevant policies of the Comprehensive Plan that are designated by the Planning Director or designee; FINDING: The Bend Area General Plan is the City's Comprehensive Plan. The proposed Zone Change from Residential Urban Standard Density (RS) to Public Facilities (PF) with the COCC Special Planned District Overlay Zone is consistent with the relevant policies of the General Plan as described in the applicant's burden of proof and the findings below. CHAPTER 1— PLAN MANAGEMENT AND CITIZEN INVOLVEMENT The transportation .-.land use connection (Plan Goals, page 1.2) To support a cost effective and balanced land use and transportation system during the 20 -year planning horizon the General plan provides for: • designating several small commercial centers throughout the community to offer convenient shopping and services within walking distance or short driving distance of neighborhoods. As noted in previous findings, and as shown in Figure 4, COCC will improve street connections and pedestrian corridors as development occurs, to provide additional connections between the College and surrounding neighborhoods. Moreover, the development of the mixed use Campus Village will providemoreservices for students and faculty on campus, thereby reducing unnecessary out of direction travel. The General Plan contains a commercial convenience site designation on the subject property. The mixed use Campus Village area is within a short walking distance of Campus educational offerings and several surrounding neighborhoods. The applicant anticipates the development of trail corridors and pedestrian connections that will link the College, its mixed use offerings and the adjacent residential neighborhoods. The development of the commercial site designation on the subject property satisfies the requirements of this goal. Policies 5. The city and county will encourage compact development and the Integration of land uses within the Urban Growth Boundary to reduce trips, vehicle miles traveled, and facilitate non -automobile travel The proposed "Campus Village" area will facilitate the development of a mix of commercial and service uses that are aligned with the more traditional educational and vocational programs within the Core Campus area. Consistent with the requirements of this goal, the mixed use area will result in fewer off -campus vehicle trips by students, faculty and staff. A measurable portion of current off-site travel will be replaced by internal (and non motorized) trips as the Campus Village mixed use area develops. This area will also provide commercial amenities that are within walking distance to the developed residential neighborhoods that surround the campus. COCC currently utilizes several measures to reduce vehicle trips for campus users, including partnering with Commute Options to encourage carpooling and alternative modes of transportation, providing campus shuttle service in conjunction with the City BAT bus system, and providing a system of pedestrian and bicycle walkways and paths which connect buildings and facilities throughout the campus. COCC is in the process of identifying additional near-term and long-term transportation demand management (TDM) strategies to further reduce travel demands. The development and expansion of TDM measures will serve to reduce the impact of future development on transportation infrastructure, consistent with the policies of the General Plan.COCC continues to refine and expand these programs, and will continue to do so with the proposed Special Planned District. CHAPTER 2: NATURAL FEATURES AND OPEN SPACE Ordinance NS -2126 Page 15 of 28 To help ensure Bend's livability, the following additional goals should be implemented to provide long-term protection of open space and natural features: • to establish a system of trails, greenways and wildlife corridors that are interconnected; Policies 8. Natural tree cover should be retained along streets in new developments to retain the natural character of Central Oregon within the urban area as the community grows. The creation and enhancement of an integrated and interconnected trail system is a fundamental component of the: applicant's future development plans for the College. Additionally, COCC strives to retain the natural character of the area, removing vegetation only where necessary to site buildings and supporting facilities, and working with the existing topography where practical. The Planning Commission also recognized the importance of preservation of the existing trees, topography, rock outcroppings and other natural features found throughout the site, particularly along the Mt. Washington Drive and Shevlin Park Road corridors. The Planning Commission recommended a condition of approval requiring a 25 foot landscape preservation buffer along these two arterial streets, as well as a 100 foot landscape preservation buffer adjacent to the existing residential zones at the perimeter of the Core Campus. Additionally, the Planning Commission recommended conditionof approval included the requirement that the applicant prepare a natural resource plan in connection with individual site plan applications. These recommendations were incorporated into the final version of the special planned district text. CHAPTER 3: COMMUNITY CONNECTIONS The goals below provide direction only for those topics that may be affected by land use planning: • Expand the number and variety of cultural and artistic venues held downtown and elsewhere in the community. The applicant indicates that the proposal is designed in part to facilitate the development of a new facility for the culinary arts. This planned educational and vocational program will include a state of the art culinary facility that will attract students, faculty and visitors from around the state and region. COCC anticipates the operation of a wide range of programs from this facility that will expand cultural opportunities throughout the Central Oregon community. • Provide quality green spaces, natural areas and recreation sites through public and private park land throughout the community. COCC's Awbrey Butte Campus currently includes quality green spaces, natural areas, recreation sites and park space. The applicant anticipates the preservation and enhancement of natural areas and green spaces in its future development plans. • Coordinate the development of future park and school sites to serve the expanding urban area population. The campus is centrally located in an area that is readily accessible to City residents. The zone change and text amendment will provide for the development of additional college related facilities to serve the growing demand for higher education in the community. PUBLIC EDUCATION The sections below describe the existing and planned public education facilities in the urban area. Central Oregon Community College is the state's oldest two-year college, having been created in 1949. Located on the west slope of Awbrey Butte, the 200 acre campus features a 102 student residence hall, a 38,000 volume college community library, a 300 - seat performing arts center, and several lecture halls. The college has a long-standing policy to encourage community use of its buildings and facilities. Ordinance NS -2126 Page 16 of 28 The college enrolls about 3,200 full-time and part-time students each term, plus another 3,000 to 4,000 community education students taking non-credit courses. Degrees offered by COCC Include the Associate of Arts degree, the Associate of Science degree, and the Associate of Applied Science degree covering several technical and professional fields. The college serves more than just the Bend area, and its instructional programs extend to a 10,000 square mile service area through a network of community centers in Christmas Valley, La Pine, Madras, Prineville, Redmond, Sisters, and Warm Springs. In a cooperative arrangement with public and private colleges and universities, the Central Oregon University Center at COCC offers both bachelor's and master's degrees in Bend through traveling professors and video computer. Because of the great interest in the region for a localcollege that offers bachelor's and master's degrees, the college board and members of the community have set a goal to expand Central Oregon Community College into a fully accredited four year college. The numbers listed above are from the adoption of the General Plan in 1998. Updated enrollment figures are contained in the application materials in the file. However, this section is of note in that it recognizes that the college is an asset to the community and anticipates that the college will continue to grow in future years. Policies Urban Trails 20. The trails designated on the Bicycle and Trail System map shall be the basis for developing a trail system that serves the recreational and transportation needs of the community. 21. The city, when practical, shall require connecting links to the urban trail system from all adjacent new developments. Figure 4 of the proposed COCC Special Planned Area identifies existing and future pedestrian and bicycle facilities on and adjacent to the COCC campus. This figure also shows future connections to the urban trails identified on the Bend Urban Area Bicycle and Pedestrian System Plan which is part of the Transportation System Plan (TSP). In general, the urban trail runs along the south boundary of the site and portions of this trail will be required to be improved as development in the Campus Village area occurs. CHAPTER 4: POPULATION AND DEMOGRAPHICS A major goal of the land use planning process is to ensure that there is sufficient land within the urban growth boundary for housing, for business and industry, for public services such as parks and schools, and an adequate transportation system to serve those needs. COCC is currently experiencing significant growth and an unprecedented demand for educational services. The proposed zone change and text amendment will provide the College with an opportunity to grow its existing facilities to meet the rising level of demand as well as address the need for additional service uses within the campus consistent with the goals of the General Plan. The anticipated facilities will be located within an area of the City that has been planned and developed for higher education facilities and commercial services. CHAPTER 5: HOUSING AND RESIDENTIAL LANDS Goals: Accommodate the varied housing needs of citizens with particular concern for safety, affordability, open space, and a sense of community. The Special Planned District text will allow for a mix'of housing types that are needed for future development of the campus. Multi -family housing units, residence halls and student housing are allowed in both the Campus Village and Core Campus Areas. The text and associated campus plan also provide the opportunity to develop single family housing units in areas compatible with surrounding properties. Ordinance NS -2126 Page 17 of 28 Neighborhood transportation linkages shall provide ways to move about the community, and also create a positive community image through design elements that provide for safe and attractive neighborhoods. Figure 4 shows existing and future street and pedestrian and bicycle pathway connections through the campus and connecting to the existing facilities surrounding the campus. Bus and shuttle routes and stops are also shown. Future development within the boundaries of the campus will contain appropriate transportation links with the public road system, trail system, bus system, and surrounding neighborhoods. Policies: 1. Future development and local development standards shall recognize and respect the character of existing areas. The college has been located on this site since the 1960's, and has continued to expand throughout the years. Existing development has retained much of the native trees, vegetation, and topography, utilizing them to buffer development on the campus. The proposed Special Planned Area text includes requirements for maintaining and enhancing these natural buffers and respecting the character of existing areas through consideration of future street connectionsand where possible, locating future housing near existing housing to provide transition zones. The Planning Commission expanded upon the need for preservation of existing natural buffers along the Mt. Washington Drive and Shevlin Park Road corridors, as well as adjacent to the existing residential zones at the perimeter of the Core Campus area. The Planning Commission recommended conditions of approval requiring natural resource preservation plans and landscape preservation buffers were incorporated into the final version of the special planned district text. 4. Private and public nonresidential uses are necessary and should be permitted within residential areas for the convenience and safety of the people. Such facilities shall be compatible with surrounding developments, and their appearance should enhance the area. 5. Of necessity, nonresidential uses will have to abut residential areas in different parts of the community. In these Instances, any nonresidential use shall be subject to special development standards In terms of setbacks, landscaping, sign regulations, and building design. Allowing expansion of the College within the Core Campus area, as well as the addition of the proposed Campus Village mixed use area, will provide for non-residential uses within an area surrounded by residential uses, providing added convenience to surrounding neighborhoods, along with dedicated pedestrian and bicycle pathways for added safety. Buffer requirements, special setbacks, and design standards in the proposed COCC Special Planned Area text will help ensure compatibility with surrounding residential developments and enhancement of the area. 20. Hillside areas shall be given special consideration in site design by both the developer and local regulations. Building sites, streets, and other improvements shall be designed and permitted in a manner that will minimize excessive cuts and rills and other erosion -producing changes. The proposed future street connections in Figure 4 take into account existing surrounding development and street patterns as well as topography. Although individual block lengths and block perimeters may not meet those required in Section 3.1.200(B) of the development code, the proposed connections meet the intent of promoting efficient vehicular and pedestrian circulation along parallel and connecting streets, while preserving topography and the natural features of the site and considering existing surrounding neighborhoods and street connections. 35. Schools and parks may be distributed throughout the residential sections of the community, and every dwelling unit in the area should be within a convenient distance of a school or park. COCC's Awbrey Butte Campus is centrally located in an area that abuts developed residential neighborhoods. The residential properties that abut the campus will have multi -modal access, Ordinance NS -2126 Page 18 of 28 including a system of pedestrian and bicycle paths, to a wide range of amenities available at the College. 37. Efforts shall continue to complete or connect existing walks along routes to schools, parks or commercial areas. The COCC plan anticipates further development and enhancement of the system of trails and pedestrian walkways that currently serve the. campus.. The College intends to connect its. internal trail system to off-site walkways and non -motorized transportation corridors over the life of the College. 38. Bikeways shall be considered as both a circulation and recreation element in the Plan, and adequate facilities should be obtained for this purpose in all new development 39. Efforts shall be made to extend trails,pedestrian ways, and bikeways through existing residential areas. COCC will continue to develop and expand the existing system of trails, pedestrian ways, and bike trails within the campus to provide integrated links to the system of trails and pedestrian paths that are external to the campus. Existing and future proposed trail and path connections are shown in Figure 4 of the proposed COCC Special Planned Area. 40. To encourage connectivity and pedestrian access, residential block length shall not exceed 600 feet except for topographic constraints. When existing conditions or topography prevent a cross street, a pedestrian accessway to connect the streets. shall be required. Future proposed street connections are limited by topography, existing natural features such as rock outcroppings and mature trees, and existing surrounding development and street connections. For these reasons, some of the future block lengths shown on Figure 4 exceed 600 feet. However, additional future streets and pedestrian/bicycle accessway connections are shown at appropriate locations and spacing to provide sufficient additional connectivity. CHAPTER 6: THE ECONOMY AND LANDS FOR ECONOMIC GROWTH The following goal statements describe the future economic hopes of the community and serve as the foundation for policy statements in this chapter. • Ensure an adequate supply of appropriately zoned land in Bend to provide for a full range of industrial, commercial and professional development opportunities. The subject property has long been planned and developed for educational uses in connection with COCC. The proposal will bring zoning ofthe subject property into conformance with the General Plan designation and create implementing rules for the PF Zone that are designed to provide for the long term operation and development of COCC lands. The Bend Area General Plan Map contemplates the development of a "convenience commercial" node within the boundaries of the Awbrey Butte Campus. The applicant's proposal will consolidate this area of commercial activitywithin the proposed Campus Village area, where commercial services will be available to serve the needs of the College and surrounding properties.. • Stimulate economic development that will diversify and strengthen economic activity and provide primary and secondaryjob opportunities for local residents. The flexibility provided by this zoning district will allow the College to develop a wide range of educational and vocational programs that will ultimately strengthen and diversify economic activity in Bend and the region. • Strengthen Bend's position as a regional economic center. The future growth and development of COCC (together with affiliated programs offered by Oregon State University) will provide additional economic and cultural opportunities that strengthen Bend's position as a regional economic center. The COCC district boundaries currently encompass a large area that includes all of Deschutes, Jefferson and Crook Counties, together with the northern portion of Klamath and Lake Counties. The district also Ordinance NS -2126 Page 19 of 28 includes the Warm Springs Indian Reservation in Jefferson and Wasco Counties. The myriad of program offered by COCC are also open to students who have previously resided outside of the district and the state. As a result, the college draws students to the Bend area and strengthens the City's position as a regional economic center. • Create Commercial areas in outlying sections of the community as neighborhood centers rather than extending the existing strips along major roads. The Campus Village area will allow for the creation of a neighborhood commercial center in an area where it is needed' to serve the College and the surrounding neighborhoods. As previously noted, the General Plan contemplates the development of a commercial node within the boundaries of the College. • Encourage more small neighborhood commercial developments and convenience centers to reduce vehicle trips and trip lengths. . The mixed use Campus Village area will facilitate commercial and service uses in an area where they are easily accessible to students, faculty, staff, and the surrounding neighborhood, reducing vehicle trips and trip lengths consistent with this plan goal. Commercial Center Areas Part of the land needed for commercial development will be met by new small commercial centers or stores as generally designated on the Plan Map. These centers are intended to support residential neighborhoods and reduce vehicle trips or trip lengths by providing commercial uses near or within developing residential areas. These new centers could be on one parcel, or several parcels within a limited geographic area like the commercial area on Newport Avenue, and should have several of the characteristics listed below that avoid the problems and appearance of "strip commercial" developments: 0 buildings closer to the sidewalk 0 limited vehicle access points 0 shared parking facilities 0 parking distributed around buildings 0 walkways for pedestrian access 0 uses that serve the neighborhood 0 smaller monument signs 0 buildings on site in scale with each other Convenience Commercial areas are Intended to provide for the frequent shopping or service needs of nearby residential areas. They will consist principally of a relatively wide range of smallretail and service uses, the largest of which would be a grocery store. Uses such as a grocery store, drugstore, small bakery, specialty shops, and offices would be typical of these areas. It is expected that new convenience commercial areas will develop to serve the emerging and future residential areas, and will particularly benefit the rapidly growing portions of the urban area. New convenience commercial areas reduce the need for residents to drive to the existing strip commercial areas for all their shopping or service needs. Convenience Commercial areas should occur as centers on one or more properties together in a block or across the street from each other, rather than as commercial strips. Convenience centers should be located on arterial or collector streets, preferably at or near an intersection with another similar street, and have a site size up to five acres. In order that convenience centers remain oriented toward serving nearby residential areas and do not expand to serve much larger parts of the community, commercial building floor areas should be limited to 35,000 to 55,000 square feet. The building design and site design should be compatible with the surrounding neighborhood. They should be spaced from one to one and one-half miles apart, and new locations should be based on a market study or other analysis that shows there is an adequate residential base or other conditions to support the uses. The area encompassed by the proposed COCC Special Planned District includes a commercial convenience node as shown on the General Plan Map. The proposed Campus Village area incorporates a mix of college uses and service commercial and office uses intended to serve both the college and its surrounding neighborhoods, and is located adjacent Ordinance NS -2126 Page 20 of 28 to the intersection of two arterial streets. The Special Planned District text includes many of the design elements and uses listed above, including development of a Parking Management plan which will utilize shared parking throughout the campus, with shuttles and pedestrian and bicycle facilities to minimize vehicle trips throughout the campus area. Policies Mixed Use Development 19. The City may designate other areas for mixed use development to encourage a variety of jobs and services close toresidentialareas. The proposed zone change and text amendment will facilitate a mix of service and commercial uses in a central location where they can efficiently serve the needs to the College and the surrounding community. The development of a mixed use campus environment will provide opportunities for additional jobs and vocational opportunities in close proximity to established residential neighborhoods. Commercial Development 24. All commercial developments shall be subject to special development standards relating to setbacks, landscaping, physical buffers, screening, access, signs, building heights, parking areas, and design review. 27. Commercial developments that abut residential zones or residential uses shall be subject to special setback and screening provisions. The proposed Special Planned District includes landscape preservation buffers and additional setback requirements adjacent to residential uses as well as building design elements as required above. As mentioned in previous findings, the final version of the Special Planned District text incorporates the Planning Commissions recommendations for preservation of existing natural buffers along the Mt. Washington Drive and Shevlin Park Road corridors, as well as adjacent to the existing residential zones at the perimeter of the Core Campus area. 31. It is the intent of the Pian to allow commercial development adjacent to arterial streets and highways in areas designated for commercial development, provided that the developments access onto frontage roads or Interior roads, and that access onto the highway or arterial will be limited. Points of access will be encouraged that provide for adequate and safe entrances and exits, and that favor right turns and merging over the use of traffic signals. The site is bounded by Shevlin Park Road to the south and Mt. Washington Drive to the west, both of which are designated arterial streets, Figure 4 of the COCC Special Planned District shows limited future street connections to these arterial streets. These futurestreet connections will provide access to future development so that direct access to arterials will be avoided. CHAPTER 7: TRANSPORTATION SYSTEMS GOALS 5.0.1.2 Transportation Plan Goals Mobility and Balance: • Develop a transportation system that serves all modes of travel and reduces the reliance on the automobile. The College has a history of developing and implementing a significant number of TDM measures that support the use of alternative modes of travel and reduce reliance on the automobile. The applicant will integrate the Core Campus and Campus Village areas through a system of shared parking lots, roads, trails, and bus service that will serve alternative modes of travel and reduce reliance on vehicle travel consistent with this goal. Efficiency: Ordinance NS -2126 Page 21 of 28 • Address traffic congestion and problem areas by evaluating the broadest range of transportation solutions. - The mixed use Campus Village area will provide amenities that are currently located off campus, reducing the need for off-site vehicle trips by students, faculty and staff of the College. The applicant will also develop an integrated system of roads and trails designed to reduce congestion consistent with this goal. In connection with future development within both the Core Campus and Campus Village areas, the applicant will also evaluate how different - TDM measures can be implemented to increase the capacity of transportation infrastructure and to reduce vehicle miles traveled. • Coordinate and design transportation improvements to assure the expenditure of resources in the most cost-effective manner. The most cost effective approach is to maximize existing roadway capacity and to improve existing TDM programs to reduce impacts to the transportation system. This goal will be addressed through the College's ongoing evaluation of transportation infrastructure and continuing development of a TDM program. • Encourage the coordination of transportation modes and land use pattems that maximize efficiency and minimize number and length of all trips. The creation of a mixed use college campus along with an integrated system of shared parking lots, shuttle service, and pedestrian and bicycle facilities will maximize efficiency and reduce vehicle trips and trip lengths consistent with this plan goal. Environmental: • Minimize the adverse impacts to the natural features when making transportation improvements for any mode. • Livability: • Design and locate transportation facilitiesto protect the livability of the community.11 The future street and pedestrian/bicycle path connections shown in Figure 4 provide adequate connectivity throughout the campus and out to the community, taking into account topography, natural features, and existing development patterns to minimize adverse impacts. POLICIES 6.9.1 TRANSPORTATION AND LAND USE 6. The City shall Implement mixed use zoning as one of the land use strategies to promote fewer vehicle trips and shorter trip lengths. The mixed use Campus Village area will facilitate development of commercial and service uses in an area where they are easily accessible to students, faculty, staff and the surrounding neighborhood, thereby reducing vehicle trips and trip lengths. to addition, the development of a fully integrated college environment will create additional job opportunities in an area surrounded by established residential uses, thereby providing opportunities to work closer to home for many neighbors. 7. The City shall be receptive to innovative development proposals, including zone changes, plan amendments, and text changes that promote alternatives to vehicular traffic and demonstrably reduce vehicle trips and trip lengths. The Special Planned District will facilitate the development of a mixed use, pedestrian friendly environment that promotes alternative modes of transportation which will reduce existing and future vehicle trips and trip lengths. The College will develop road and trail connections that fully integrate the Core Campus and Campus Village areas with the surrounding community. 6.9.3 TRANSPORTATION DEMAND MANAGEMENT Ordinance NS -2126 Page 22 of 28 3. The City shall work with businesses, with more than 25 employees, to develop and implement a transportation demand management plan. These plans shall be designed to reduce peak hour traffis volumes by establishing trip reduction targets over five years. 4. The City and County shall work with business groups, schools, the Park District and other governmental agencies to develop and implement transportation demand management programs. COCC has implemented a number of TDM measures over the years that currently serve to reduce vehicle travel and preserve the capacity on the City road system. The TDM measures implemented to date include partnering with Commute Options, development and operation of an internal bus/shuttle system, an extensive system of pedestrian walkways and path, and the development of alternative (off peak -hour) class and event schedules. The college is in the process of identifying additional near;term and long-term TDM strategies to further reduce impacts on transportation infrastructure, consistent with the policies of the General Plan. 6. The City shall manage and regulate parking by: a) Establishing programs to lower parking demand in commercial and business districts citywide by providing preferential parking for carpoolers, encouraging mass transit use, encouraging shuttle systems from external parking lots, and maintaining an adequate supply of strategically placed bike parking facilities. b) Requiring business groups and employers to develop parking management strategies that support reduced roadway system demand during the peak motor vehicle travel times. The text for the Special Planned District includes a requirement that COCC develop a Parking Management Plan for both motor vehicles and bicycles, which will be required to be updated with subsequent Site Plan applications in accordance with Table 3.3.300 of the Development Code. Section 3.3.300(D) of the Development Code allows reductions in parking requirements for developments which incorporate vehicle trip reducing design standards such as provision of designated carpool/vanpool parking, provision of and lockers for bicycle commuters, provision of additional covered, secured bicycle parking racks, and provision of transit facilities and amenities. 6.9.4 PEDESTRIAN AND BICYCLE SYSTEMS 3. The City and Park District shall work together to acquire, develop and maintain the primary trails designated on the Bend Urban Area - Bicycle and Pedestrian System Plan — TSP: Map Exhibit B. New development shall be required to construct and dedicate Primary Trails for public use according to this plan. The alignments depicted are general in nature and shall be located according to criteria defined in TSP Section 6.3.7.3.6 these trails, and future trail additions, shall support the need for non -motorized travel in the community. There is a Primary Trail shown on the Bend Urban Area - Bicycle and Pedestrian System Plan which is located along the south boundary of the subject site. This trail is also shown on Figure 4 of the proposed COCC Special Planned District. This section of Primary Trail will be required to be constructed and dedicated as development occurs in the Campus Village portion of the campus adjacent to this trail. CHAPTER 8: PUBLIC FACILITIES AND SERVICES The goals below provide general guidance for maintaining and improving the level and quality of urban services as growth occurs in Bend. • For new development to pay its fair share of the cost of major facilities needed to support development; • To ensure that public services will not have negative impacts on the environment or the community; Ordinance NS -2126 Page 23 of 28 • To locate and operate public buildings and other public facilities to best serve the needs of the residents. Site Plan review is required for all new development. As additional development occurs on the campus, updated sewer, water, and transportation impact analyses will be required to be provided. All new development is required to mitigate any impacts to public facilities concurrently with development. Additionally, system development charges (SDCs) are required to be paid prior to issuance of building permits for all new development. As stated in previous findings, allowing a mix of uses on the campus will better serve the needs of students, faculty, and the surrounding neighborhoods, reducing the need to travel off-site and thereby reducing vehicle trips out into the community. POLICIES Storm sewer 10. Dry wells, landscaping, retention ponds or storm drains shall be used for surface drainage control. 12. Due to the lack of a defined drainage pattern for most of the urban area, development shall contain storm drainage on-site. Per the memo submitted by the applicant's engineer (Bussard Engineering, May 26, 2009) the applicant will meet or exceed City of Bend design standards for on-site stormwater retention. Plans will be prepared with each Site Plan application for all new development and will utilize best management practices, including the use of bio-swales, stormwater retention ponds, and other approved stormwater management measures. Public buildings 19. Public buildings and facilities should be located so as to provide convenient public use and to provide maximum service for the greatest economy. Governmental offices should locate downtown when practicable. Other governmental facilities, reservoirs, landfills and correctional facilities should be located in areas with good public access to principal streets. The College is a public facility located within the City of Bend. The College enjoys good public access from existing arterial streets and the City transportation system has been designed to manage transportation needs for the College, General Plan designations, and surrounding area. The College facilities are also enjoyed by many nearby citizens who use the existing open spaces, trails, and other public facilities provided on campus. The proposal to provide a mix of educational and commercial service uses will further encourage convenient public uses consistent with COCC's objectives. (Section 4.6.300(B) Criteria for Quasi -Judicial Amendments continued below.) 3. The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property; Adequate urban infrastructure, including sewer, water, police and fire protection, schools and transportation facilities are provided to support the proposed zone change and text amendment. Each of these facilities and services is discussed separately In the findings below. COCC's Awbrey Butte campus has long operated as a community college served by existing City infrastructure. Police Protection. The subject property is located within the Bend City limits and is served by the Bend Police Department. Fire Protection. The subject property is located within the Bend City limits and is served by the Bend Fire Department. Sewer and Water. The subject property is currently served by City sewer and water infrastructure. The record contains a Preliminary Water Facility and Sewer Impact Assessment, (prepared by Bussard Engineering and dated May 5, 2009) that evaluates sewer Ordinance NS -2126 Page 24 of 28 and water needs associated with the subject application and related development, and a Memorandum (dated May 20, 2009) from City Engineer Michael Magee that was prepared in response to applicant's sewer and water analysis. The record identifies the infrastructure that is currently available to serve development and the longer term needs to support full build -out of the site. The specific sewer and water facility requirements that are needed to serve specific development proposals within the Special Planned District will be addressed in connection with future site plan applications. As a result, the record demonstrates that. the campus is presently provided with adequate public facilities to support the planned uses and any additional needed facilities can be provided concurrently with future development applications. Schools. The subject property is located within the boundaries of the Bend -la Pine School District and can be adequately served by the district. Parks. The subject property is located within the boundaries of the Bend Metropolitan Park and Recreation District and can be served by the district. In addition, the campus currently contains large areas of open space that are utilized in connection with the operation of the College. Given the steep topography of the site, the applicant anticipates the retention of significant open space areas and recreational amenities as the campus continues to develop. Transportation Facilities. The subject property is bounded by designated arterial roadways to the south and west. Primary access to the College is provided by NW College Way (a designated Major Collector roadway) that runs from NW Shevlin Park Road to the center of campus, connecting to Mt. Washington Drive to the northeast. The anticipated future development of the campus is expected to create additional road connections to both NW Shevlin Park Road and Mt Washington Drive, in the general locations depicted on Figures 3 and 4 of the Special Planned District/Overlay Zone. Compliance with the Transportation Planning Rule is discussed further on in this report. All future development will require Site Plan approval which requires a Transportation Impact Analysis (TIA) demonstrating compliance with Chapter 4.7 of the Development Code. Any impacts to the transportation system identified in subsequent TIAs will be required to be mitigated concurrently with development. Stormwater Runoff. The College will meet or exceed City of Bend design standards for the retention of storm water in connection with individual future Site Plan applications. Best management practices will be implemented (including bio-swales, storm water retention ponds and other approved storm water measures) and constructed in connection with any future development at the site. Storm water runoff associated with future development will be retained on site and no additional impact will be placed on the existing City stormwater infrastructure. Based on the above findings, there are adequate public facilities to serve the propertiesas contemplated by the proposed zone change and text amendment. 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or land use district map regarding the property that is the subject of the application; and the provisions of Section 4.6.600; Transportation Planning Rule Compliance. Significant changes have occurred since the subject property was initially zoned for residential uses and the General Plan designated an area of the College for commercial development. In 1962, an initial 140 -acre tract of land was donated for the purpose of establishing COCC's main campus. Additional donations and acquisitions have been consolidated to establish what is now called COCC's Awbrey Butte Campus. Construction of the first educational buildings began in 1963 with the first three buildings (Ochoco, Modoc and Deschutes) being completed in the spring of 1964. In 1965, the Jefferson and Metolius buildings were constructed along with the Grandview Student Union. The following two years saw completion of the Juniper Residence Hall, the Pinckney Center for the Performing Arts and the College's original library. The Mazama and Ponderosa Halls were cornplete in 1971. Pioneer Hall was built in 1976. The Boyle Education Center opened in 1989. COCC's Bookstore and Printing and Mail Services building was completed in 1993. In 1999, the current library was completed and Modoc Hall was remodeled. The campus's newest building, Cascades Hall, which houses Oregon State University, opened in the fall of 2002. Today, the approximately 201 acre campus site includes 21 buildings with more than 400,000 square feet of space. All of the existing development has been completed under the existing Ordinance NS -2126 Page 25 of 28 residential zoning designation. The Bend Development Code provides that schools are a conditional use in all of the City's residential zoning districts. As a result, most of the developed structures and associated amenities have been developed under the conditional criteria of the code. The Bend Area General Plan designates a large portion of the Awbrey Butte campus as (PF) Public Facilities. The rules of the PF Zoning district govern a very wide variety of publicly owned lands and structures, including public offices, the County Courthouse, public parks, the County jail, the Deschutes County landfill, public schools and other associated public facilities. _ Public colleges and universities are listed as a permitted use in the PF Zone. With this application, COCC seeks to create a specific set of rules and standards to govern the future growth and development of the College. To that end, the applicant has proposed an amendment to Section 2.7 of the Development Code to create the Central Oregon Community College (COCC) Special Planned District/Overlay Zone. The Special Planned District defines the specific uses allowed within the boundaries of the district and the standards goveming their future development. The standards of the proposed district have been designed to foster an innovative mixed-use area of academic, social, residential, retail and commercial uses that are accessible to students, faculty and staff on lands owned and managed by the College. The District will facilitate the continued growth and development of educational programs within the core area of the campus while providing additional opportunities to develop vocational programs, supporting services and mixed use development on College owned lands for the benefit of the College, its students, faculty, staff and the surrounding residential communities. The applicant's proposal will bring the campus zoning into compliance with its General Plan designations and create the specific rules that are needed to provide for the orderly development of this public institution. 4.6.600 TRANSPORTATION PLANNING RULE COMPLIANCE When a development application includes a proposed comprehensive plan amendment or land use district change, or both, the proposal shall be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060. Current Text of OAR 660-12-0060, Plan and Land Use Regulation Amendments is attached with the Exhibit A Traffic Study The transportation impact analysis dated January 14, 2009, along with the supplemental build out scenarios dated May 1, 2009 provided by Kittelson & Associates, Inc. demonstrate compliance with the Transportation Planning Rule. This analysis shows that there is no net gain in transportation impacts associated with the proposed zone change and text amendment compared to a reasonable build out scenario under the existing residential zoning. The analysis demonstrates that the proposed zone change will not require changesto the functional classification of existing or planned transportation facilities, will not require a change to the standards implementing the comprehensive plan, and will not significantly affect a transportation facility as measured at the end of the planning period identified in the adopted transportation system plan (TSP). Core Campus Area The approximately 135 -acre "Core Campus" area is developed with a variety of educational and related land uses. The Bend Area General Plan expressly recognizes COCC's Awbrey Butte Campus as a public educational institution. See Section 3-16, Community Connections. The General Plan further recognizes the need for additional higher educational services in the region and the College's intent to expand the services offered from its existing campus facilities. The record demonstrates a significant and growing public investment in the educational structures and related infrastructure in this location. The Core Campus area contains over 21 educational buildings with over 400,000 square feet of floor space. The Core Campus area also contains developed recreational and sports facilities, areas of open space, roadways, trail corridors, parking areas and supporting infrastructure. The proposed zone change and Special Planned District text will facilitate the continued growth and expansion of educational uses in the Core Campus area. However, a change in zone will not result in additional or more intensive development beyond what is currently allowed under the existing RS zoning designation. Future growth in the core campus area Ordinance NS -2126 Page 26 of 28 will be governed by the need for public educational services in the region and the financial resources that are available to the College in future years. The record demonstrates that it is appropriate to evaluate future transportation impacts for the Core Campus area based on the anticipated growth in student enrollment. The Core Campus area is designed to address student needs and related public educational uses and it is not reasonable to project future growth based on a simplistic analysis of available land. Therefore, potential trip generation from a community college is more appropriately related to the number of students enrolled in the institution and not The size or square footage of campus buildings and facilities. The applicant submitted enrollment data that demonstrates changes in college enrollment over the course of the last ten years. This data demonstrates that enrollment will increase or decline in any given year based on complex factors that are related to population trends and other economic and non -economic factors. The record shows a significant increase in enrollment for the 2008-09 academic year (14.7% increase) based in significant part on the poor economic conditions and high unemployment numbers in the region. Past trends suggest this number will decline with improved economic conditions. Based on the analysis enrollment data, it is reasonable to assume a one percent annual growth in campus enrollment from year 2008 through a year 2024 planning horizon. From a TPR perspective, the proposed zone change will not create additional impacts on City transportation infrastructure. The educational facilities needed to accommodate campus growth within the applicable planning horizon can currently be developed as conditional uses under the existing zoning. Consequently, the proposed zone change for the Core Campus area will not significantly affect an existing or planned transportation facility under OAR 660- 12-0060(1). Campus Village Area The approximately 40.8 acre area designated as Campus Village is currently undeveloped and has an existing RS zoning designation. The applicant anticipates developing the Campus Village area with a mix of educational and supporting uses as proposed in the COCC Special Planned District/Overlay Zone. Based on the analysis provided, the proposed zone change for the Campus Village area will not significantly affect an existing or planned transportation facility I I under OAR 660-12-0060(1). Under the current zoning scenario, the RS zone could support up to 298 residential dwelling units in the Campus Village Area. Using a standard ITE trip generation rate, development at this density would result in 301 weekday PM peak hour trips on the transportation system. This residential trip generation analysis is equivalent to approximately 195,500 square feet of office and commercial development. The record contains a letter from Kittelson & Associates, Inc. (May 1, 2009) that details reasonable worst case development projections for the Campus Village area under five, ten, fifteen, and fifty year time frames, through and beyond the relevant planning horizon. In the short term, development in the Campus Village area will be significantly constrained by economic factors and the limited financial resources that are available to the College. Over the longer term (15 to 50 year projections), development opportunities are expectedto improve, although the intensity of development in this area will be significantly constrained by the needs of the campus environment. COCC anticipates approximately 28,000 square feet of office/commercial uses and 15 residential units in the Campus Village area over fifteen years, in addition to on-going student enrollment growth. Additionally, COCC expects to develop a built environment that contains large common areas and open spaces with trails and pedestrian connections that are conducive to a mixed-use campus environment. Over time, as the intensity of development increases in the Campus Village area, COCC will convert commercially developed buildings into additional classroom space as needed, consistent with its mission of providing regional educational services. The applicant's burden of proof acknowledges that the table of "permitted" and 'conditional" uses authorized in the Campus Village area could ultimately result in traffic impacts beyond the 301 "pm/peak hour" threshold that has been analyzed in connection with the proposed zone change. However, based on the factors identified above, it is unlikely that the intensity of development in this area will reach that threshold within the applicable fifteen year planning horizon or even beyond. If there is a change in these assumptions and more intensive development does occur, there are a variety of different options that the College may pursue to reduce the impact of office and commercial development on transportation infrastructure. Ordinance NS -2126 Page 27 of 28 The development of a "mixed-use, pedestrian friendly center and neighborhood" (as such term is defined in OAR 660-12-0060(6) and (8) in the Campus Village area provides COCC with an opportunity to utilize the mixed use incentives established under the Transportation Planning Rule. Vehicle impacts on the surrounding infrastructure can also be reduced with the construction of additional internal connections (both vehicular and pedestrian connections) between the Core Campus and the Campus Village areas. The integration of educational and commercial areas within the campus can be expected to reduce automobile travel by students, faculty and staff of the College who would otherwise travel off campus for many of the amenities that will be provided in the Campus Village area. The level and impact of such a trip reduction will vary depending upon the specific mix of services and connections to be offered in the Campus Village area and can be re-evaluated with future Site Plan applications as development occurs. Additional trip reductions may be achieved through the implementation and/or extension of TDM strategies implemented by the College: The College currently implements a number of measures that reduce single occupant vehicle travel, as outlined in TIA and burden of proof. Should the College need to seek additional transportation system capacity, the applicant can work with the City to implement a formal TDM plan to reduce campus trip impacts. In summary, under the current RS zoning, the Campus Village area could have generated 301 weekday PM peak hour trips if developed at a maximum RS zone density. Therefore, because of the methodology employed in the transportation analysis, this number is set as a trip threshold for the purposes of ensuring validity with the TPR analysis. Core Campus uses in both the Core Campus area and Campus Village area with 'students' as the independent variable in trip generation calculations will not be subject to the trip cap as they are based on projected student enrollment which is the same under either the current or proposed zoning. However, Campus Village uses permitted in the Campus Village area shall be subject to the 301 PM peak hour trip threshold, which shall be established as a condition of zone change approval. Trip reducing mitigation measures including the implementation of a coordinated TDM plan may be evaluated at each site plan application. In accordance with Chapter 4.2, all Site Plan applications for new development must demonstrate that transportation facilities have adequate capacity to serve the proposed use. IV. CONCLUSIONS: Based on the above Findings of Fact and Conclusions of Law, the City Council finds that the proposed Zone Change from RS to PF and proposed COCC Special Planned District text, with the recommended conditions of approval noted herein, meet all applicable Development Code criteria; policies of the Bend Urban Area General Plan, Oregon Statewide Planning Goals, and the Transportation Planning Rule. Ordinance NS -2126 Page 28 of 28 After recording return to: Myles A. Conway Schwabe Williamson & Wyatt, PC 360 SW Bond Street, Ste 400 Bend, OR 97702 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY RELEASE OF USE RESTRICTION/REVERSIONARY INTEREST AND QUITCLAIM DEED This Release of Use Restriction/Reversionary Interest and Quitclaim Deed is made and entered into on this day of May, 2010, by the Board of County Commissioners of Deschutes County, Oregon ("Grantor"). WHEREAS, on October 17, 1962, the Grantor conveyed certain real property to the Central Oregon Area Education District (the predecessor in interest to the Central Oregon Community College, hereafter "Grantee") by Deed for "college purposes". The Deed was recorded in Volume 133 Page 271 in the Deschutes County records. The real property conveyed is legally described on Exhibit A, attached hereto and incorporated by reference herein (the "Property"). WHEREAS, Grantee now wishes to utilize the Property as part of a mixed use development project consistent with applicable City zoning rules. City zoning rules authorize land uses that are inconsistent with the stated use restriction. THEREFORE, the Grantor releases and quitclaims to Grantee any and all use restrictions and/or reversionary rights it may have now or in the future and also releases and quitclaims any and all remaining interests of any nature, if any, that it may have in the Property to Grantee. The true and actual consideration for this conveyance is other value given or promised, which is the whole consideration. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, Exhibit E RELEASE OF REVERSION AND QUITCLAIM DEED PDX/116339/151537/MCO/6014965.1 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. DATED this day of May, 2010. ATTEST: Recording Secretary STATE OF OREGON ss. County of Deschutes Before me, a Notary Public, personally , and Commissioners of Deschutes County, Oregon, behalf of Deschutes County, Oregon. DATED this day of May, 2010 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS LUKE TAMMY BANEY ALAN UNGER appeared , the above-named Board of County and acknowledged the foregoing instrument on Notary Public for the State of Oregon My Commission Expires RELEASE OF REVERSION AND QUITCLAIM DEED PDX/ 116339/ 15153 7/MCO/6014965.1 EXHIBIT A Legal Description of Property SE 1/4 SW' /4 SE 1/4, Section 25, Township 17 South, Range 11 East of Willamette Meridian, Deschutes County, Oregon. EXHIBIT A PDX/116339/151537/MCO/6014965.1