Chapter 4.9
ANNEXATIONS

Sections:

4.9.100    Purpose.

4.9.200    Applicability.

4.9.300    Review Processes.

4.9.400    Initiation Procedures.

4.9.500    Submittal Requirements.

4.9.600    Approval Criteria.

4.9.700    Zoning of Annexed Areas.

4.9.800    Effective Date and Notice of Approved Annexation.

4.9.900    Extraterritorial Extension and/or Connection of Water and Sewer Service.

4.9.100 Purpose.

The purpose of this chapter is to establish procedures and criteria for annexation under the provisions of the Oregon Revised Statutes including, but not limited to, ORS Chapter 222. This chapter is intended to achieve orderly and efficient annexation of land to the City that will result in providing a complete range of public services and public facilities, as defined in this code, for the annexed territory and to ensure consistency with the Bend Comprehensive Plan. [Ord. NS-2302, 2018]

4.9.200 Applicability.

Land to be annexed must be contiguous to the existing City limits. [Ord. NS-2302, 2018]

4.9.300 Review Processes.

A.    Annexation. The following general processes apply to all annexation proposals:

1.    Annexations are reviewed using the Type III or Type IV process as determined by the City, based on a consideration of the factors for treating an application as quasi-judicial or legislative. Since annexations are a jurisdictional transfer, the City Council is the sole review authority.

2.    City Council approval of annexations will be by ordinance.

3.    Notice of the City Council hearing to consider the annexation proposal must follow the notification process required for the Type III or Type IV application, except a notice of the hearing must be published in a newspaper of general circulation in the City once each week for two successive weeks prior to the day of hearing, and notices of the hearing must be posted in four public places in the City for a like period.

B.    Area and Master Planning. Unless exempted in subsection (B)(1) of this section, expansion areas as shown in Figure 4.9.300 will require area and/or master plan approval prior to or concurrently with annexation. The exemptions to master planning in BDC Chapter 4.5, Master Planning and Development Alternatives, are not applicable to properties in the Urbanizable Area (UA) District. Development in expansion areas must comply with the applicable Bend Comprehensive Plan Specific Expansion Area Policies in Table 4.9.300.

Figure 4.9.300

Expansion Areas

Table 4.9.300 - Specific Expansion Area Policies 

Expansion Area

Bend Comprehensive Plan
Specific Expansion Area Policies

Northeast – Butler Market Village

11-56 through 11-63

East Highway 20

11-64

DSL Property

11-65 through 11-74

The Elbow

11-75 through 11-84

The Thumb

11-85 through 11-91

Southwest

11-92 through 11-99

West Area

11-100 through 11-108

Shevlin Area

11-109 through 11-115

OB Riley Area

11-116 through 11-121

North Triangle

11-122 through 11-131

1.    Exemptions from Area and Master Planning.

a.    Land not subject to an area plan or master plan as shown in Figure 4.9.300, Expansion Areas.

b.    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:

i.    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.

c.    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.

d.    For areas subject to these exemptions, applicants may submit annexation and development applications for processing concurrently under the anticipated zoning district. Any development approvals will be final decisions for processing purposes but will not be effective until completion of annexation. [Ord. NS-2302, 2018]

4.9.400 Initiation Procedures.

A.    An annexation proposal for the contiguous territory proposed to be annexed may be initiated by petition in compliance with one of the following initiation procedures:

1.    All of the owners of land in the contiguous territory proposed to be annexed and not less than 50 percent of the electors, if any, residing in the territory, consent in writing to the annexation of their land in the territory and file a statement of their consent with the City;

2.    A majority of the electors registered in the contiguous territory proposed to be annexed consent in writing to the annexation and the owners of more than half of the land in that territory consent in writing to the annexation of their land and those owners and electors file a statement of their consent with the City; or

3.    More than half the owners of land in the contiguous territory proposed to be annexed, who also own more than half the land in the contiguous territory and of real property therein representing more than half the assessed value of all real property in the contiguous territory, consent in writing to the annexation of their land in the territory and file a statement of their consent with the City.

B.    Statements of consent to annexation which are filed within any one-year period are effective and are deemed to be submitted with the petition required in subsection (A) of this section, unless a separate written agreement waiving the one-year period or prescribing some other period of time has been entered into between an owner of land or an elector and the City.

C.    An annexation proposal may be initiated by City Council resolution. The Council may terminate proceedings under this section at any time.

D.    An annexation proposal may be initiated pursuant to the State law health hazard abatement annexation process. [Ord. NS-2302, 2018]

4.9.500 Submittal Requirements.

A.    The application must include:

1.    A completed and signed annexation application packet on forms provided by the City.

2.    A petition including the statement of consent, on City forms, completed by property owners and/or electors residing in the territory that meets the requirements of BDC 4.9.400, Initiation Procedures.

3.    Legal description of the territory including abutting right-of-way to be annexed and a boundary survey certified by a registered engineer or surveyor.

4.    A map showing the territory including abutting right-of-way to be annexed and properties within 300 feet of the territory.

5.    A narrative which addresses the approval criteria in BDC 4.9.600 and the requirements of BDC 4.9.300(B).

6.    A letter or other written documentation from the Bend Park and Recreation District which indicates that the applicant has met with the District to discuss the proposed annexation, and provided the District an opportunity to review the annexation area for options to enhance existing parks and trails, and develop new parks and trails.

7.    A completed and signed Bend Park and Recreation District annexation agreement, unless the property(s) to be annexed is already located within the Bend Park and Recreation District.

8.    A letter or other written documentation from the Bend-La Pine School District which indicates that the applicant has met with the District to discuss the proposed annexation and provided the District an opportunity to review and comment on the proposed annexation.

9.    Territories with irrigation district water rights or other irrigation district facilities must include the following:

a.    A map of all appurtenant water rights.

b.    A surveyed map of any district facility (e.g., canal, head gate, and crossing) that clearly identifies easements, rights-of-way, access roads, etc., for any conveyance facilities that may remain that are either irrigation district owned or privately owned on the property upon annexation.

c.    A signed statement by the applicant, including any letters or other written documentation provided by the irrigation district, confirming that the applicant has met with the irrigation district to discuss the proposed annexation and the extent to which any issues identified in BDC 4.9.600(A)(6) have been resolved or, if they have not yet been resolved, setting forth a plan with a timeline to resolve any issues.

10.    If the City has not yet amended its public facilities and transportation plans for the affected expansion area, inclusion of an applicant initiated amendment to the relevant plan(s) or other evidence that the necessary infrastructure planning under Statewide Planning Goals 11 and 12 will take place prior to or concurrently with annexation. [Ord. NS-2302, 2018]

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]

4.9.700 Zoning of Annexed Areas.

The Bend Comprehensive Plan map provides for the future City zoning classifications of all property within the City’s Urbanizable Area (UA) District. On the date the annexation becomes effective, the UA District will cease to apply and the zoning map will be automatically updated with the zoning district that implements the underlying Comprehensive Plan map designation. [Ord. NS-2302, 2018]

4.9.800 Effective Date and Notice of Approved Annexation.

A.    The effective date of an approved annexation must be set in accordance with ORS 222.040 or 222.180.

B.    Notice of Approved Annexation.

1.    Not later than 10 working days after the passage of an ordinance approving an annexation, the Planning Director will:

a.    Send by certified mail a notice to public utilities (as defined in ORS 757.005), electric cooperatives and telecommunications carriers (as defined in ORS 133.721) operating within the City.

b.    Mail a notice of the annexation to the Secretary of State, Department of Revenue, Deschutes County Clerk, Deschutes County Assessor, affected districts, and owners and electors in the annexed territory. The notice must include:

i.    A copy of the ordinance approving the annexation;

ii.    A legal description and map of the annexed territory;

iii.    The findings; and

iv.    Each site address to be annexed as recorded on Deschutes County assessment and taxation rolls.

c.    The notice to the Secretary of State will also include a copy of the statement of consent as required in BDC 4.9.400, Initiation Procedures.

2.    If the effective date of an annexation is more than one year after the City Council passes the ordinance approving it, the Planning Director will mail a notice of the annexation to the Deschutes County Clerk not sooner than 120 days and not later than 90 days prior to the effective date of the annexation. [Ord. NS-2302, 2018]

4.9.900 Extraterritorial Extension and/or Connection of Water and Sewer Service.

The City Council may approve an extraterritorial extension and/or connection of water and sewer services consistent with the requirements of Goal 11, Public Facilities, and OAR 660-011-0060 and 660-011-0065 and may require an annexation contract. The review is a Type III process in accordance with BDC Chapter 4.1, Development Review and Procedures, with the City Council as the sole review authority. [Ord. NS-2302, 2018]