4.9.600 Approval Criteria.
A. The City Council may approve, or approve with conditions, the proposed annexation application if all of the following criteria are met:
1. The annexation proposal is consistent with the Bend Comprehensive Plan policies and plan designations applicable to the territory as determined by the Planning Director or designee.
2. The annexation proposal is consistent with an approved area plan and/or master plan, unless exempted in BDC 4.9.300(B)(1).
3. The proposal demonstrates how the annexed territory is capable of being served by public facilities and services with adequate capacity as determined by the City, including sanitary sewer collection, domestic water, transportation, schools, and parks, consistent with the City’s adopted public facility plans, transportation system plan, and applicable district plans, either as provided in an applicable area or master plan or by demonstrating how such public facilities and services will be provided in an orderly, efficient and timely manner.
4. The proposal demonstrates how public facility and service impacts, including as applicable: on- and off-site improvements, construction and modernization of existing infrastructure (water, sewer, stormwater, transportation) to City standards and specifications, and impacts to existing infrastructure inside the City’s current city limits, will be adequately mitigated through an annexation agreement or other funding mechanism approved by the City Council prior to annexation. The City will use the standards and criteria of BDC Chapter 4.7, Transportation Analysis, for analysis and mitigation of transportation impacts.
5. Owner(s) have committed to transfer all irrigation district water rights from the property, unless exempted in subsection (A)(5)(a)(i) of this section. The timing of the transfer of irrigation district water rights may be worked out between the owner(s) and the irrigation district, but, in any event, the transfer must occur prior to the platting of a land division or prior to certification of final occupancy for developments subject to site plan review, whichever occurs first. For phased subdivisions or developments; however, the transfer may occur by individual phase prior to the platting of each phase or prior to certification of final occupancy of the development on each phase.
a. Exemption.
i. In limited instances where the City Council finds that continued use of irrigation district water rights will not conflict with the Bend Comprehensive Plan specific expansion area policies for the land to be annexed and the transition to urban land uses, an owner may continue to use the irrigation district water rights until certain events occur or certain conditions are met as set forth in a written agreement. Council may also consider, in its discretion, whether the property owner has satisfactorily shown that continued use of irrigation water would be more efficient based on the size of the lot or parcel, lack of environmental harm and sustainable use of water, protection of public health, or cost to the City or other public entities.
6. Sufficient evidence acceptable to the City has been provided demonstrating that the irrigation district had an opportunity to review the layout and design for any impacts on irrigation district conveyance facilities and to recommend reasonable protections for such facilities consistent with the irrigation district’s adopted rules and regulations, system improvement plans and/or development policies.
7. The proposal demonstrates that approval of the annexation and zoning districts that implement the underlying Bend Comprehensive Plan map designations is consistent with the provisions of BDC 4.6.600, Transportation Planning Rule Compliance.
8. The proposal demonstrates how rights-of-way will be improved to urban standards as determined by the City, including rights-of-way in cherry stem annexations. [Ord. NS-2302, 2018]