4.9.300 Review Procedures.
A. Annexation. The following general processes apply to all annexation proposals:
1. Annexations are reviewed using the Type III or Type IV process as determined by the City, based on a consideration of the factors for treating an application as quasi-judicial or legislative. Since annexations are a jurisdictional transfer, the City Council is the sole review authority.
2. City Council approval of annexations will be by ordinance.
3. Notice of the City Council hearing to consider the annexation proposal must follow the notification process required for the Type III or Type IV application, except a notice of the hearing must be published in a newspaper of general circulation in the City once each week for two successive weeks prior to the day of hearing, and notices of the hearing must be posted in four public places in the City for a like period.
B. Development Review Requirements.
1. Unless exempted in subsection (B)(1)(a) of this section, expansion areas as shown in Figure 4.9.300 will require land use approval in accordance with Table 4.9.300 prior to or concurrently with annexation. For properties located within an approved area plan, also see subsection (B)(2) of this section. The exemptions to master planning in BDC Chapter 4.5, Master Plans, are not applicable to properties in the Urbanizable Area (UA) District. Development in expansion areas must comply with the applicable Bend Comprehensive Plan Specific Expansion Area Policies in Table 4.9.300.
a. Exemptions from Area and Master Planning.
i. Land not subject to an area plan or master plan as shown in Figure 4.9.300, Expansion Areas.
ii. Public elementary schools on lots or parcels smaller than 20 acres. Notwithstanding BDC 3.4.400(A), an interim septic system may be installed if approved by the Department of Environmental Quality and the School District agrees to connect to the sewer system when it becomes available. Applicant must submit the following in addition to the requirements of BDC Chapter 4.7, Transportation Analysis:
(A) An analysis of walking, biking and transit facilities to destinations within the UGB for a distance of one mile from the boundary of the school site along and across arterial and collector roadways to accommodate safe, accessible and convenient access to and from the school. Based on the analysis, the City may require, through an annexation agreement or other binding mechanism, improvements to ensure safe and accessible paths of travel to and from the school, which may include walking, biking, provision of transit stops and/or accessibility improvements, including compliant curb ramps along the access routes.
iii. City-initiated annexations of property intended for uses such as publicly owned rights-of-way or City-initiated annexation of additional lands brought into the Urban Growth Boundary for affordable or market rate housing, in programs such as authorized under Oregon House Bill 4079, or other specified uses as authorized by Oregon statute.
iv. Annexation and development of individual properties or groups of properties of any size located within the Northeast-Butler Market Village Expansion Area but outside of the Petrosa Master Plan.
v. For areas subject to these exemptions, an applicant must submit a development proposal for the entirety of the annexation area under the anticipated zoning district prior to annexation for evaluation of compliance with the applicable approval criteria (e.g., a site plan review proposal is subject to BDC 4.2.500(D) and a land division is subject to BDC 4.3.300(E)) and specific expansion area policies in the Bend Comprehensive Plan Chapter 11, Growth Management.
2. Properties located within an approved area plan must comply with the following prior to or concurrently with annexation:
a. An applicant must provide a development proposal (e.g., site plan review or land division) for the entire property for evaluation of compliance with the applicable approval criteria (e.g., a site plan review proposal is subject to BDC 4.2.500(D) and a land division is subject to BDC 4.3.300(E), and specific expansion area policies in the Bend Comprehensive Plan Chapter 11, Growth Management.
b. In lieu of a master plan application for any property or combination of adjacent properties under common ownership totaling 20 acres or larger, the applicable minor master plan approval criteria in BDC Chapter 4.5, Master Plans, will be assessed along with the approval criteria of the respective development proposal cited above in subsection (B)(2)(a) of this section.
3. Final procedural steps and decision issuance for concurrent development applications will occur after the annexation ordinance becomes effective.
Figure 4.9.300. Expansion Areas
|
Expansion Area |
Bend Comprehensive Plan |
Land Use Approval Required Prior to or Concurrently with Annexation |
|---|---|---|
|
Northeast – Butler Market Village |
11-74 through 11-81 |
See BDC 4.9.300(B)(1)(a)(iv) |
|
East Highway 20 |
11-82 |
See BDC 4.9.300(B)(1)(a)(i) |
|
DSL Property |
11-83 through 11-92 |
Master plan in compliance with BDC Chapter 4.5, Master Plans |
|
The Elbow |
11-93 through 11-104 |
Southeast Area Plan approved. See BDC 4.9.300(B)(2) |
|
The Thumb |
11-105 through 11-111 |
Master plan in compliance with BDC Chapter 4.5, Master Plans |
|
Southwest |
11-112 through 11-119 |
Master plan in compliance with BDC Chapter 4.5, Master Plans |
|
West Area |
11-120 through 11-128 |
Master plan in compliance with BDC Chapter 4.5, Master Plans |
|
Shevlin Area |
11-129 through 11-135 |
Master plan in compliance with BDC Chapter 4.5, Master Plans |
|
OB Riley Area |
11-136 through 11-141 |
Area plan in compliance with BDC 2.7.100. Prior to completion of the area plan, annexations in this area must be a minimum of 40 contiguous acres and be the subject of a master plan application which includes a framework level area plan for the rest of the subarea. Following adoption of the area plan, annexation and development of individual properties or groups of properties of any size, consistent with the area plan, may be approved in compliance with the Bend Development Code |
|
North Triangle |
11-142 through 11-151 |
Area plan in compliance with BDC 2.7.100. Prior to completion of the area plan, annexations in this area must be a minimum of 40 contiguous acres and be the subject of a master plan application which includes a framework level area plan for the rest of the subarea. Following adoption of the area plan, annexation and development of individual properties or groups of properties of any size, consistent with the area plan, may be approved in compliance with the Bend Development Code |
|
Stevens Road Tract |
11-153 through 11-170 |
Master plan in compliance with BDC Chapter 4.5, Master Plans |
[Ord. NS-2492, 2024; Ord. NS-2463, 2023; Ord. NS-2434, 2022; Ord. NS-2405, 2021; Ord. NS-2302, 2018]