SOLD! Move-in Ready Craftsman in Bend, Oregon by Suzanne Carvlin, Principal Broker, Licensed in Oregon

3 BD 2.5 BA 0.1 AC 1,613 SF Bend, Oregon NE2807Rainier Drive www.AtHomeinBendOregon.com

• Welcoming covered front porch • Open floor plan has a living room with a vaulted ceiling and a gas fireplace and dining area. Leads to kitchen, half bath, laundry room, patio, garage and stairway • Main level primary suite with vaulted ceiling and walk-in closet • Upstairs has 450 SF with 2 bedrooms, a full bath and a bonus lof • 2-car attached 18ʼ x 20ʼ garage accessed from alley • New ¾” birch wood floors and on main level • New baseboards in living room, dining area and primary suite • HOA $200/year for snow removal and weed spraying in the alley. Subdivision is Oakview Phase V1 • 2 mile to St Charles Hospital and Bendʼs central medical complexwww.AtHomeinBendOregon.com Bend, Oregon 97701 PROPERTY DETAILS 3 BD 2.5 BA 0.1 AC 1,613 SF

MAPS

S o ur ce : E s ri , M a x a r, E ar th sta r Ge o g ra p h ics, a n d th e GIS Use r Co m m u n i ty, De sc h u te s C o u n ty GIS 80 7 N E R ain ier Dr B en d , O R 97701 Dat e: 6/12/2022 0 80 16040 ft ± 1 i nc h 9 4 f eet

S o ur ce : E s ri , M a x a r, E ar th sta r Ge o g ra p h ics, a n d th e GIS Use r Co m m u n i ty, De sc h u te s C o u n ty GIS 80 7 N E R ain ier Dr B en d , O R 97701 Dat e: 6/12/2022 0 160 32080 ft ± 1 i nc h 1 88 f eet

UTILITIES

Link to Service Providers https://dial deschutes org /Real/Ser viceProviders/243673

Water & Sewer Service Provider City of Bend Utility Department https://www.bendoregon.gov/government/departments/utilities/ (541) 388 5515 Billing Rates: https://www.bendoregon.gov/government/departments/utilities/billing rates To start/stop ser vice: https://www.bendoregon.gov/Home/Components/Ser viceDirector y/Ser viceDirector y/31/34

Garbage & Recycling Service Republic Services for home ser vice (541) 548 4984 https://www.republicser vices.com/locations/oregon

Knott Landfill - Deschutes County Solid Waste & Deschutes Recycling (541) 317 3163 (541) 388 6599 Recorded Info https://www deschutes org /solidwaste 61050 SE 27th St, Bend, OR 97702 Electricity Service Pacific Power Customer Service 1 888 221 7070 Report Outages Call 1 877 508 5088 https://www pacificpower net/ Information deemed reliable, but not guaranteed Utilities List - page 1 of 3

UTILITIES LIST 2807 Rainier Drive Bend, OR 97701 Deschutes County Accout - https://dial deschutes org /Real/Index/243673

HOA yes HOA Dues $200 per year for snow removal and weed spraying in alley CC&Rs yes see property book

Zoning Subject to county zoning regulations: Bend RS Residential Standard Density Bend UGB https://bend.municipal.codes/BDC/2.1

Natural Gas Cascade Natural Gas Customer Service 1 888 522 1130 7 a.m. to 7 p.m. Monday through Friday Emergency Call 1 888 522 1130 https://www cngc com/ Internet/Cable TV/Phone Service Options: Bend Broadband ** Contact Susan Chapelle, Customer Ser vice Rep for New Owners much smoother than calling Bendbroadbandʼs general number** **Phone: (541) 312 6564 **Email: SChapelle@BendBroadband.net Dish (800) 333 3474 Direct TV (800) 531-5000 DirectTV com Century Link land line & internet https://www centur ylink com/home/ Mail Service Secure Mailbox Bank Home mail is delivered to a secure bank of mailboxes, located at the street at the West side of this property. Sellers have a key to the mailbox. FedEx/UPS deliver to the home Post Oﬀice Bend (800) 275 8777 2300 NE 4th St, Bend, OR 97701

Fireplaces/Chimney Cleaning Bend Fireside – (541) 382-2597 424 NE 3rd Street, Bend, OR 97701

Information deemed reliable, but not guaranteed Utilities List - page 2 of 3

A Kleene Sweep Chimney Service (541) 388 7999 Fireplace & Flue Cleaning Newspaper Bend Bulletin The Bend Bulletin is delivered at the end of the driveway 1777 SW Chandler Avenue, Bend, OR 97702 Mail to: P.O. Box 6020, Bend, OR 97708 6020 Home deliver y (541) 385 5800 or 1 800 503 3933 Main line: (541) 382 1811 circ@bendbulletin.com

Providers online Information deemed reliable, but not guaranteed. Information deemed reliable, but not guaranteed Utilities List

- page 3 of 3

County Services Deschutes County (541) 388 6570 Keys & Openers provided by sellers Garage Opener House Keys Mail Box Key seller has a key. Contact Bend Post Oﬀice with your final property settlement statement to set up your post oﬀice and mail deliver y account. For a full list of ser vices for your property, please see your countyʼs property report and review your information from your title & escrow company. In Deschutes County, call (541) 388 6570, or visit www.DIAL.org to view your property report and Ser vice

*Promotional prices for base packages for new customers. Equipment and fees not included. 1Gig and TDS TV+ not available in all areas. See other side for details. **Netflix streaming subscription required. WELCOME TO BENDBROADBAND® I’m your local neighborhood representative and will assist you every step of the way. We offer advanced Internet, TV, and phone services—including Internet speeds up to 1Gig. I’ll be your SINGLE POINT OF CONTACT while you set up service. CALL ME DIRECT TO RECEIVE THESE VALUABLE OFFERS: Priority & Free Installation No Contracts 30-Day Money Back Guarantee BendBroadband has the best services to keep your household connected and entertained. FEATURED OFFERS INTERNET300MBPSONLY $44 /mo..99* FROM TRY WORRY-FREEUS Try all-new TDS TV+. You can: • Search & stream popular apps like Netfl ix ** without changing inputs • Simultaneously record up to 10 shows • Unobtrusive and discreet wireless receivers • Innovative backlit voice remote with Google Assistant INTERNET Plus, get faster Internet. You’ll get: • A choice of speeds from 300Mbps up to 1Gig * • 24/7 tech support • No data caps when bundled with qualifying TV • Advanced whole-home Wi-Fi options INTERNET1GIG $79.99/mo.* FROM NO DATA CAPS INTERNET300MBPS& TV $79 /mo..99* FROM NO DATA CAPS NO DATA CAPS | INCLUDES REQUIRED MODEM Give our services a try with no fuss and no hassle. You’ll receive free, priority installation, with no contracts to sign. Plus, if you try us for 30 days and aren’t completely satisfi ed, you can get your money back. 300MBPS INTERNET, TV & PHONE $104 /mo..99* FROM

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Limited-time offers: 1-Year Internet Price Lock: Valid in wired service areas only for residential customers who add new qualifying Internet service. Price lock applies to Internet services only. After 12 months, standard rates will apply. Offer(s) not available in all areas, and is subject to change without notice. Certain restrictions apply. If customer terminates Internet service, price lock is void and promotional pricing may no longer apply. Customers with delinquent accounts are not eligible. Prices do not include federal, state, or local taxes and fees. Equipment charges, which may apply, are additional. Installation fees may apply. 2-Year Internet Price Lock: Valid in wired service areas only for new residential customers who complete a BendBroadband Bundle with qualifying Internet, TV and phone service (core services). Existing customers must add a new qualifying line of service. Price lock applies to core (Internet) services only. After 24 months, standard rates will apply. Offer(s) not available in all areas, and is subject to change without notice. Certain restrictions apply. If customer terminates the bundle or any individual service that is part of the bundle, price lock is void and promotional pricing may no longer apply, and standard data limits will apply. Customers with delinquent accounts are not eligible. Prices do not include federal, state, or local taxes and fees. Equipment charges, which may apply, are additional. TDS TV+ 1-Year Discount Offer: $20/mo. discount: Offer valid for residential customers who complete a qualifying TDS TV+ bundle with TDS TV+, high-speed Internet, and/or phone. TDS TV+ must be a newly added service to qualify. Discount is for 12 consecutive months. After promotional period, standard rates apply. Professional Installation includes installation of the TDS TV+ Receiver, wireless access point, and up to ten wireless receivers. Installation charges may apply if additional receivers are needed as determined by the technician at the time of installation. Offer(s) not available in all areas, and are subject to change without notice. Certain restrictions apply. If customer terminates any individual service that is part of the bundle, discounts are void. Customers who previously took advantage of a TDS TV+ bundle promotion and those with delinquent accounts are not eligible. Prices do not include DVR storage fee, Internet service, or required equipment fee, federal, state, or local taxes and fees. Installation fees may apply. Other terms and conditions apply—see www.bendbroadband.com/terms. 30Day Money Back Guarantee Offer: If you are not completely satisfied with your BendBroadband experience within the first 30 days, BendBroadband will give you your money back for Internet, TV, Phone, and Wi-Fi+ services billed within the 30-day window. 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Most customers can expect to receive a stable speed within the range of the product purchased as allowed by the quality and capability of the connection; however, actual speeds experienced by customers vary and are not guaranteed. Some customers may receive lower than the indicated speed range. Speeds vary due to various factors, including but not limited to: distance from switching locations, network equipment, delivery technology, and external/internal network conditions. Speed tests may produce inconsistent results due to various factors, including the speed test program or website used, the number of devices connected to the customer’s modem and whether the speed test is conducted over Wi-Fi. Customers that are not receiving the indicated speeds may cancel their service or downgrade to a lower-speed service without any termination or switching charges. 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Domestic countries include the U.S., Canada, American Samoa, Guam, Northern Mariana Islands, U.S. Virgin Islands, and Puerto Rico. International, operator- and directory-assisted calls are not included. Third-party collect calls not allowed. Caller ID service requires a compatible phone or device. One-time phone installation charges may apply. Delinquent accounts may lose service. Certain services not available in all areas. Price may vary by serving area and is subject to change without notice. Services subject to BendBroadband Subscriber Agreement at bendbroadband.com/agreement, TDS Privacy Policy at bendbroadband.com/privacy, and Acceptable Use Policy at bendbroadband.com/use. BendBroadband® is a registered trademark of Telephone and Data Systems, Inc. Copyright © 2021, TDS Telecommunications LLC, All Rights Reserved. 204933-bundles/3-21/12444

AFFORDABLE PRICING. RELIABLE SERVICE.

COUNTY & TAX INFO

Improvement Summary StatStructuresClass/Description Improvement Description Code Area Year Built Total Sq Ft 143 - RESIDENCE: Two story SQ ft per plans // interior best estimate 1001 2006 1,613 Floor Description Comp % Sq Ft First Floor 100 1,163 Living Dining Kitchen Nook Great Family Bed Full Bath Half Bath Bonus Utility Den Other 1 1 1 0 0 0 1 1 1 0 1 0 0 Rooms Floor Description Comp % Sq Ft Second Floor 100 450 Living Dining Kitchen Nook Great Family Bed Full Bath Half Bath Bonus Utility Den Other 0 0 0 0 0 0 2 1 0 0 0 0 1 Rooms Floor Description Comp % Sq Ft Garage-Attached-Finished 100 440 AUTOMATIC DOOR OPENER 1 CARPET 1 COMP HVY - ROOF COVER 440 D.I. RANGE 1 DRYWALL 1 FORCED AIR HEATING 1,163 FORCED AIR HEATING 225 FOUNDATION - CONCRETE 1,163 FULL BATH 1 FULL BATH W/2 LAVATORIES 1 HALF BATH 1 HARDWOOD FLOOR 1 HF/DW/GD/MW 1 KITCHEN SINK 1 RECESSED LIGHTING 1 ROOF - GABLE 1 ROOF CVR - COMP HEAVY 1,163 SIDING - CEDAR 1 SIDING - LAP 1 SIDING - STONE TRIM 1 TILE FLOOR 1 VINYL FLOOR 1 WATER HEATER 1 WINDOWS - DOUBLE/THERMAL PANE 1 WINDOWS - VINYL 1 Improvement Inventory Accessory Description Sq Ft Quantity ROOF EXT. AVERAGE 198 CONCRETE-PAVING 72 DECK-AVERAGE 198 Land Characteristics Land Description Acres Land Classification Urban Lot 0.10 Account Information Mailing Address:LAYNE, MEGAN M & BRENNAN 2807243673171226BB03112NERAINIER DR, BEND, OR 97701 BEND, OR 97701 2807 NE RAINIER DR LAYNE, MEGAN M & BRENNAN Owner Name: Map and SitusAccount:Taxlot:Address:

Deschutes County Property Information Report Date: 8/29/2022 4:37:48 PM LAYNE, MEGAN M & BRENNAN 2807 NE RAINIER DR BEND, OR 97701 Account Information MailingOwnershipAddress: Map and TaxMailingSitusAccount:Taxlot:Address:Name:Status: 2807243673171226BB03112NERAINIER DR, BEND, OR 97701 LAYNE, MEGAN M & BRENNAN PP2005-74Assessable Assessor Acres: Property CurrentTaxAssessmentTaxesCodeArea:TaxYear: 0.10$3,579.781001 Valuation $256,880$150,500TotalStructuresLand $407,380 Real Market Values as of Jan. 1, 2021 $225,890$225,890Maximum Assessed Assessed Value Veterans Exemption Current Assessed Values: Account Summary Property Class: 101 -- RESIDENTIAL Warnings, Notations, and Special Assessments Block:Subdivision:PARCEL 1Lot: Review of digital records maintained by the Deschutes County Assessor’s Office, Tax Office, Finance Office, and the Community Development Department indicates that there are no special tax, assessment or property development related notations associated with this account. However, independent verification of the presence of other Deschutes County tax, assessment, development, and additional property related considerations is recommended. Confirmation is commonly provided by title companies, real estate agents, developers, engineering and surveying firms, and other parties who are involved in property transactions or property development. In addition, County departments may be contacted directly to discuss theTheinformation.information and maps presented in this report are provided for your convenience. Every reasonable effort has been made to assure the accuracy of the data and associated maps. Deschutes County makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of any of the data provided herein. Deschutes County explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. Deschutes County shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused. Deschutes County assumes no liability for any decisions made or actions taken or not taken by the user of this information or data furnished hereunder. Disclaimer 2017 - 2018 2018 - 2019 2019 - 2020 2020 - 2021 2021 - 2022 Real Market Value - Land $121,300 $121,500 $137,500 $137,500 $150,500 Real Market Value - Structures $210,680 $227,190 $218,850 $219,860 $256,880 Total Real Market Value $331,980 $348,690 $356,350 $357,360 $407,380 Maximum Assessed Value $200,720 $206,740 $212,940 $219,320 $225,890 Total Assessed Value $200,720 $206,740 $212,940 $219,320 $225,890 Veterans Exemption $0 $0 $0 $0 $0 Valuation History All values are as of January 1 of each year. Tax year is July 1st through June 30th of each year. Deschutes County Property Information Report, page 1

Year Date Due TransactionType TransactionDate As Of Date ReceivedAmount Tax Due DiscountAmount ChargedInterest InterestRefund 2021 11-15-2021 PAYMENT 11-08-2021 11-08-2021 $3,472.39 ($3,579.78) $107.39 $0.00 $0.00 2021 11-15-2021 IMPOSED 10-11-2021 11-15-2021 $0.00 $3,579.78 $0.00 $0.00 $0.00 Total: $0.00 2020 11-15-2020 PAYMENT 11-13-2020 11-13-2020 $3,294.37 ($3,396.26) $101.89 $0.00 $0.00 2020 11-15-2020 IMPOSED 10-09-2020 11-15-2020 $0.00 $3,396.26 $0.00 $0.00 $0.00 Total: $0.00 2019 11-15-2019 PAYMENT 05-01-2020 05-01-2020 $2,245.21 ($2,201.19) $0.00 $44.02 $0.00 2019 11-15-2019 PAYMENT 11-19-2019 11-15-2019 $1,100.60 ($1,100.60) $0.00 $0.00 $0.00 2019 11-15-2019 IMPOSED 10-11-2019 11-15-2019 $0.00 $3,301.79 $0.00 $0.00 $0.00 Total: $0.00 Tax Payment History Sale Date Seller Buyer AmountSale Sale Type InstrumentRecording 02/17/2022 MCNALLY, MEGAN A & PATRICK J LAYNE, MEGAN M & BRENNAN $0 08-GRANTOR/GRANTEE ARE THE SAME 2022-7636 04/20/2020 JANET W ANDERSON REV TRUST MCNALLY, MEGAN A & PATRICK J $375,000 30-UNCONFIRMED SALE 2020-19479 09/15/2010 ANDERSON, JANET W ANDERSON, JANET W TTEE 08-GRANTOR/GRANTEE ARE THE SAME 2010-36714 03/03/2010 BACHELOR VIEW PROPERTIES LLC ANDERSON, JANET W $170,000 30-UNCONFIRMED SALE 2010-9285 01/11/2010 WEIGER-DERR, ZACK A ET AL BACHELOR VIEW PROPERTIES LLC $122,451 Y/TRANSFERFORECLOSURE/BANKRUPTC10-TOAVOIDLIEN 2010-3897 08/21/2006 BOSSERT, SCOTT WEIGERT-DERR, ZACK A & DERR, EMILY E $375,000 30-UNCONFIRMED SALE 2006-58524 08/18/2006 ROGERS, KELLY W & GAYLA J BOSSERT, SCOTT 06-GRANTEE SRELATED/FRIENDS/BUSINESISASSOCIATES 2006-58523 06/24/2005 GROLIMUND ENTERPRISES LLC, ROGERS, KELLY W & GAYLA J $58,500 27-TRANSACTION MUST BE CONFIRMED 2005-42211 Sales History Deschutes County Property Information Report, page 2 (For Report Disclaimer see page 1)

StatStructuresClass/Description Improvement Description Code Area Year Built Total Sq Ft 143 - RESIDENCE: Two story SQ ft per plans // interior best estimate 100120061,613 Floor Description Comp % Sq Ft First Floor 100 1,163 Living Dining Kitchen Nook Great Family Bed Full Bath Half Bath Bonus Utility Den Other 1 1 1 0 0 0 1 1 1 0 1 0 0 Rooms Floor Description Comp % Sq Ft Second Floor 100 450 Living Dining Kitchen Nook Great Family Bed Full Bath Half Bath Bonus Utility Den Other 0 0 0 0 0 0 2 1 0 0 0 0 1 Rooms Floor Description Comp % Sq Ft Garage-Attached-Finished 100 440 AUTOMATIC DOOR OPENER 1 CARPET 1 COMP HVY - ROOF COVER 440 D.I. RANGE 1 DRYWALL 1 FORCED AIR HEATING 1,163 FORCED AIR HEATING 225 FOUNDATION - CONCRETE 1,163 FULL BATH 1 FULL BATH W/2 LAVATORIES 1 HALF BATH 1 HARDWOOD FLOOR 1 HF/DW/GD/MW 1 KITCHEN SINK 1 RECESSED LIGHTING 1 ROOF - GABLE 1 ROOF CVR - COMP HEAVY 1,163 SIDING - CEDAR 1 SIDING - LAP 1 SIDING - STONE TRIM 1 TILE FLOOR 1 VINYL FLOOR 1 WATER HEATER 1 WINDOWS - DOUBLE/THERMAL PANE 1 WINDOWS - VINYL 1 Improvement Inventory Accessory Description Sq Ft Quantity ROOF EXT. AVERAGE 198 CONCRETE-PAVING 72 DECK-AVERAGE 198 Land Characteristics Land Description Acres Land Classification Urban Lot 0.10 NameOwnershipType Name Ownership Type PercentageOwnership OWNER LAYNE, MEGANM OWNER 100.00% OWNER LAYNE, BRENNAN OWNER 100.00% No Related Accounts found. Related accounts apply to a property that may be on one map and tax lot but due to billing have more than one account. This occurs when a property is in multiple tax code areas. In other cases there may be business personal property or a manufactured home on this property that is not in the same ownership as the land. Related Accounts Deschutes County Property Information Report, page 3 (For Report Disclaimer see page 1)

ELEMENTARY SCHOOL ATTENDANCE AREA

MIDDLE ATTENDANCESCHOOLAREA

Category Name Phone Address COUNTY SERVICES DESCHUTES COUNTY (541) 388-6570 1300 NW WALL ST, BEND, OR 97703 SCHOOL DISTRICT BEND - LA PINE SCHOOL DISTRICT (541) 355-1000 520 NW WALL ST, BEND, OR 97703

PONDEROSA ELEMENTARY SCHOOL (541) 355-4300 3790 NE PURCELL BLVD, BEND, OR 97701

PARK & DISTRICTRECREATION

HIGH SCHOOL ATTENDANCE AREA MOUNTAIN VIEW HIGH SCHOOL (541) 355-4400 2755 NE 27TH ST, BEND, OR 97701

COLLEGE TAX DISTRICT CENTRAL OREGON COMMUNITY COLLEGE (541) 383-7700 2600 NW COLLEGE WAY, BEND, OR 97703

GARBAGE & RECYCLING SERVICE BEND GARBAGE & RECYCLING

IRRIGATION DISTRICT CENTRAL OREGON IRRIGATION

BEND PARK & RECREATION DISTRICT (541) 389-7275 799 SW COLUMBIA ST, BEND, OR 97702

LIBRARY DISTRICT DESCHUTES PUBLIC LIBRARY (541) 617-7050 601 NW WALL ST, BEND, OR 97703 (541) 317-3000 62975 BOYD ACRES RD, Bend, OR 97701 DISTRICT NUMBER 2 (541) 388-6623 1300 NW WALL ST, BEND, OR 97703 DISTRICT (541) 548-6047 1055 SW LAKE CT, REDMOND, OR 97756 (541) -

2263 20835 NE MONTANA WAY, BEND, OR 97709 Service Providers Please contact districts to confirm. Jurisdiction City Zoning Description Bend RS RESIDENTIAL STANDARD DENSITYBEND UGB City of Bend Permits Permit ID Permit Type Applicant Application Date Status 6-520 Building 01/24/2006 ALLRECEIVEDFINALS Development Summary Planning Jursidiction: Urban Reserve Area: Urban Growth Boundary: BendNoBend Deschutes County Property Information Report, page 4 (For Report Disclaimer see page 1)

WATER SERVICE PROVIDER BEND WATER DEPARTMENT

EDUCATION SERVICE TAX DISTRICT HIGH DESERT EDUCATION SERVICE DISTRICT (541) 693-5600 145 SE SALMON AVE, REDMOND, OR 97756

SKY VIEW MIDDLE SCHOOL (541) 355-7600 63555 NE 18TH ST, BEND, OR 97701

382

LIVESTOCK DISTRICT DESCHUTES COUNTY LIVESTOCK

HOA

OBTAINING

1. Complete and submit this application. 2. The Committee will review your submittal and issue a decision within a timely fashion. 3: Email, Fax(541.598.3014) or Mail this form to: Oak View PUD HOA PO Box 1048 Bend OR 97709 Revised 8/05/08

Oak View PUD Homeowners Association Architectural Control Committee SUBMITTAL FORM AND APPLICATION Property Owner ________________________ Date & Signature ___________________ Property Address Mailing Address __________________________________________________________ Owner Phone ________________Fax_________________ Email _______________ Contractor ______________________ Phone_________________ Type of Submittal (check all that apply): Exterior Paint_____ Re-Paint_____ or Color Change____ Fence Stain or Re-Stain _____ For Exterior re paints or color changes, please contact Mile High Management for a list of colors and samples which may be used with this application. Please have your painter apply your colors to a 4 foot square test area on your home. This helps ensure an accurate selection and proof of your colors before any mistakes are made, or costs incurred. Addition ____ Alteration ____ Fence ____ Landscaping ___ Hot Tub ____ Deck __ Lot # ________ Square footage of addition ______________ Additional exterior lights City of Bend Permit#____________________ Valid from _______________to _______________ Project Start Date _______________________ ( allotted 3 months ) Project Finish Date ______________________ Date received by ACC Approved by ________________________ Date_________ When an owner wishes to remodel an existing home, add an addition, install additional extensive landscaping or install fencing, an application must be made to the Committee by using this form. Please include design drawings (handwritten drawings are welcome) of plot plan & elevation showing approximate location and placement of your project. The ACC representative can be contacted for information and assistance at info@milehighmgmt.com It is highly recommended that you hire a licensed, bonded, and insured professional when contracting any significant work done to your home.

PROCEDURE FOR NEIGHBORHOOD DESIGN REVIEW COMMITTEE DECISION:

ROAD MAINTENANCE

CC&RS

f 0

11 8/2010

11/18/2010

ZONING REGULATIONS

ADDITIONAL DOCUMENTS

Summary Locations Contacts Application Types Online Permit Center Portal

Property Owner's Full Name: KATTER, SCOTT ALAN ET AL

Planner: Michelle Patrick Planner Email: mpatrick@bendoregon gov Locations: Property 171226BB03111 Property 171226BB03133 Property 171226BB03140 Property 171226BC00200 Property 171226BC00300 Address 2580 NE 27TH ST, BEND, OR 97701

Project Number: PLLD20211016

Public Notice Summary: An application request for a 65 lot subdivision in the RS Zone (Standard Density Residential) Type II Administrative Review

You will only be able to view fees or view conditions if you are a contact on the planning application.

Property Owner: KATTER, SCOTT ALAN ET AL , Address:PO BOX 926, SALEM OR, 97308

Interested Party: VENTURE PROPERTIES INC, Address:4230 SW GALEWOOD ST #100, LAKE OSWEGO OR, 97035 Planning Application Status PLLD20211016

Comments: This application is for a 65 lot subdivision of a 10 08 acre property located at 2580 NE 27th Street.

Applicant: Joey Shearer, Address:2777 NW LOLO DR, BEND OR, 97703, Phone:(541) 317 8429 Email:shearerj@aks eng.com

Application Types: Subdivision Phased Application Status: Approved Monitoring Conditions Date Entered: 11/02/2021

Project Type: Land Division

Interested Party: Chris Fromhart, Address:4230 Galewood Street, Lake Oswego OR, 97035, Phone: (503) 730 2259 Email:chris@dmhholdingsco.com

Project Name: Sky Vista Tentative Subdivision

Application Types

Approval Track: Type II Administrative with Notice

Reviewer: Christopher Henningsen Email: N/A Fire Department Review Comments Received 12/27/2021 01/12/2022

Reviewer: Michelle Patrick Email: N/A Private Development Engineering Review Comments Received 12/27/2021 01/25/2022

There are no scheduled hearings for this planning application

Reviewer: Michelle Patrick Email: N/A External Agency Review Comments Received 12/27/2021 02/11/2022

Reviewer: Michelle Patrick Email: N/A Building Safety Division Review VOID 12/27/2021 02/11/2022

Reviewer: Larry Medina Email: N/A

Subdivision - Phased Reviews Review Type Outcome Est. Completion Date Completed Planning Review No Comments 12/27/2021 02/11/2022

Hearings

Application Status: Approved Monitoring Conditions

Date Uploaded File Type Document Name

11/02/2021 Plans Ex J Legal Lot of Record Memo & Surveys 11/02/2021 Plans Ex K Subdivision Plat Name Approval 02/04/2022 Plans Tentative Subdivision Plans (Combined) 11/02/2021 Submittal Document Ex G Transportation Facilities Report & Transporation Impact Analysis 11/22/2021 Form Ex F Public Meeting Verification 11/02/2021 Submittal Document Ex E Bend Parks and Recreation District Letter 11/02/2021 Submittal Document Ex I Utility Will Serve Letters 12/07/2021 Submittal Document Ex C Preliminary Title Report 11/02/2021 Submittal Document Ex A Land Use Application 11/02/2021 Plans Ex D Utility Avalibility Memo 11/02/2021 Submittal Document Sewer and Water Analysis 11/02/2021 Submittal Document 8552 20211102 Narrative 11/03/2021 Receipt Receipt for transaction:2021 017536 02/04/2022 Plans P000 Cover Sheet 02/04/2022 Plans P500 501 Preliminary Tree Protection 02/04/2022 Plans P200 Preliminary Plat 02/04/2022 Plans P200 Preliminary Plat 02/04/2022 Plans P300 301 Preliminary Grading and Drainage Plan 02/04/2022 Plans P300 301 Preliminary Grading and Drainage Plan 02/04/2022 Submittal Document P100 Existing Conditions 11/29/2021 Submittal Document TAM PRTFR202107042 12/02/2021 Letter Notice of Incomplete Application Planning 12/07/2021 Plans 2004 31055 Oakview CCRs 12/10/2021 Letter Notice of Complete Application 12/10/2021 Notice Agency Review Letter 12/13/2021 Agency Comment AgencyComments DeschutesEnvironmentalHealth12 13 2021 12/15/2021 Notice PostedNotice12 14 2021 12/16/2021 Notice PLLD20211016 Notice of Pending Administrative Review 12/28/2021 Agency Comment AgencyComments COID Comments 12 28 2021 12/29/2021 Public Comments PublicCommentsPederson12 28 2021 02/04/2022 Plans P400 401 Preliminary Street and Utility Plans 02/09/2022 Email HoldRequest2 9 2022 02/16/2022 Email HoldRequest2 16 22 2 18 22 02/21/2022 Email HoldRequest2 18 22 2 23 22 02/24/2022 Email HoldRequest2 24 22 2 28 22 03/03/2022 Letter Agency Comment Summary 03/03/2022 Decision PLLD20211016 Administrative Review and Decision 03/03/2022 Notice PLLD20211016 Notice of Decision Administrative 03/04/2022 Decision PLLD20211016 Administrative Review and Decision reissued 03/04/2022 Notice PLLD20211016 Notice of Decision Administrative reissued

Documents & Images

Exhibit J: Legal Lot of Record Memo & Surveys Exhibit J : Surveys&MemoRecordofLotLegal

M EMORANDUM

The City of Bend adopted Ordinance 134 9, repealing Ordinance 591, which was a more robust subdivision ordinance that regulated subdivisions and partitions. Deschutes County: Deschutes County adopted their subdivision ordinance in October 1, 1970 (PL 2) regulating land division into four lo ts or more that are less than 10 acres each. They adopted their partition ordinance in January 1977 (PL 7).

It was not until the 1991 Oregon Revised Statutes (ORS) Volume 2 became effective on September 29, 1991, that the ORS addressed property line adjustments and defined “Property line adjustment” (ORS 92.010 (11)). Up until then, the Bend Development

December 16, 1981

To: Planning Division From: Karen Swenson Re: Legal Lot of Record when conveyed by deed Date: 8/9/2017

Land Division Oregon: 1955 Oregon legislature provided enabling legislation for land subdivision regulation (Chapter 92) City of Bend: May 2, 1962

The City of Bend adopted Ordinance 591 that regulated land division into four lots or more that are less than 5 acres each (in other words, subdivision, not partitions, with lots less than 5 acres)

In the past, property could legally be conveyed by deed without a corresponding land division or action (subdivision, partition of property line adjustment). The memo intends to provide the legislative history of these land division enabling statutes and corresponding local ordinances.

Property Line Adjustments

Key Dates

Validation of unit of land not lawfully established.

Remedies

If a property is not a legal lot of record, there are 2 remedies : 1) a validation of a unit not lawfully established per ORS 92.176 177, or 2) a single lot partition or replat which essentially consolidates property into one lot . See the ORS language below for criteria of approval for Option 1: Oregon Revised Statutes (ORS) 92.176-177 92.176

(6) A county or city may not approve an application to va lidate a unit of land under this section if the unit of land was unlawfully created on or after January 1, 2007.

Page 2

Code did not have provisions to address property line adjustments and consolidations and property lines were commonly adjusted a nd recorded by deed. While the City of Bend did process property line adjustments prior to that date, there was no code requirement to do so Therefore, property that was conveyed by deed from one property to another prior to September 29, 1991 is determined to be a legal lot of record.

(5) A unit of land becomes a lawfully established parcel when the county or city validates the unit of land under this section if the owner of the unit of land causes a partition plat to be recorded within 90 days after the date the county or city validates the unit of land.

(4) An application to validate a unit of land under this section is an application for a permit, as defined in ORS 215.402 or 227.160.

(7) Development or improvement of a parcel created under subsection (5) of this section must comply with the applicable laws in effect when a

(1) A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land: (a) Is not a lawfully established unit of land; and (b) Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

The attached flowchart with key dates will assist in determining if a property conveyed by deed without a corresponding land division or action is a legal lot of record.

92.177

Page 3 complete application for the development or improvement is submitted as described in ORS 215.427 (3)(a) or 227.178 (3)(a).

Creation of parcel by less than all owners of lawfully established unit of land. When a unit of land was sold before Januar y 1, 2007, but was not a lawfully established unit of land, the governing body of the city or county or its designee shall consider and may approve an application for the creation of a parcel pursuant to ORS 92.176, notwithstanding that less than all of th e owners of the existing lawfully established unit of land have applied for the approval.

PLLD20211016 Sky Vista Subdivision Page 1 of 62 CITY OF BEND PLANNING DIVISION TYPE II ADMINISTRATIVE DECISION - Reissued PROJECT PLLD20211016 DATENUMBER:MAILED: March 4, 2021 Day 69 of the 120-day review period (Includes an 18 day hold) OWNER: Venture Properties, Inc., c/o Chris Fromhart 4230 SW Galewood Street #100 Lake Oswego, OR 97035 APPLICANT: AKS Engineering, c/o Joey Shearer 2777 NW Lolo Drive Bend, OR 97703 LOCATION: 2580 NE 27th St; Tax Lots 171226BC00300 and 171226BC00200 2688 NE Desert Oak St; Tract I, Oakview Phase VIII; Tax Lot 21297171226BB03133BeallDr;Tract H, Oakview Phase VIII; Tax Lot No171226BB03140situsaddress; Tract A, Oakview Phase VI; Tax Lot 171226BB03111 PROPOSAL: An application request for a 65-lot subdivision on 10.08 acres in the RS Zone (Standard Density Residential) STAFF REVIEWERS: Michelle Patrick, Associate Planner 541 388 5562; mpatrick@bendoregon.gov Christopher Henningsen, Principal Engineer (541) 388 5571, chenningsen@bendoregon.gov Bend Development Code APPLICABLE CRITERIA: • Chapter 4.3, Subdivisions, Partitions, Replats and Property Line Adjustments APPLICABLE STANDARDS: • Chapter 2.1, Residential Districts • Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation • Chapter 3.2, Landscaping, Street Trees, Fences and Walls • Chapter 3.3, Vehicle Parking, Loading, and Bicycle Parking • Chapter 3.4, Public Improvem ent Standards

1. ZONING: The subject property is zoned Standard Density Residential (RS) and is designated RS on the Bend Comprehensive Plan map.

PLLD20211016 Sky Vista Subdivision Page 2 of 62 • Chapter 3.5, Other Design Standards • Chapter 3.8, Development Alternatives • Chapter 4.7, Transportation Analysis APPLICABLE PROCEDURES: • Chapter 4.1, Development Review and Procedures FINDINGS OF FACT:

2. SITE DESCRIPTION & SURROUNDING USES: The subject site is 10.08 acres in total area and consists of five tax lots (171226BB03111, 17122 6BB03133, 171226BB03140, 171226BC00200, and 171226BC00300) . The property contains several existing residential structures, all which are proposed to be removed with the redevelopment of the property. The property abuts several streets, including NE 27th Street to the west, and NE Pikes Peak Road, NE Rainier Avenue, NE Desert Oak Street, and Beall Drive to the north. NE 27th Street is classified as an arterial in the City of Bend Transportation System Plan, contains 80 feet of right-of-way and is improved with 44 feet of asphalt width, bike lane, curb, and sidewalk along the property frontage. Beall Drive is classified as a collector in the City of Bend Transportation System Plan and stubs into the northeast corner of the property. The remaining streets are d esignated local residential roadways and partially improved: NE Desert Oaks Place and NE Pikes Peak Road stub into the subject property from the north, and NE Rainier drive runs parallel to the property between NE Pikes Peak Road and NE Desert Oaks Place. Existing vegetation is typical of high desert and includes coniferous and deciduous trees of varying heights and maturities. The topography is minimal with a n approximate elevation variation ranging between 3520 to 3545 feet. Surrounding properties to the north and east are zoned RS and primarily developed with single unit detached dwellings. The property to the south is zoned RM (Medium Density Residential) and developed with a church and school. The property to the west, across NE 27 th Street, is zoned Public Facilities and developed with a public high school.

The subject property contains three existing easements as shown on the submitted tentative plan which are proposed to remain with development, including a 20 -foot wide sewer easement that follows the extension of NE Pikes Place Road, a 10 foot wide Avion Water easement along the eastern boundary of the development site, and five foot wide slope easement along the frontage of Lot 48 in the northeast corner of the subdivision

Sky Vista Subdivision Page 3 of 62

5. PUBLIC MEETING, NOTICE AND COMMENTS: Prior to submittal of the application, the applicant mailed n otification to surrounding property owners with 500 feet of the property (and the Mountain View Neighborhood Association land use representative) and held a public meeting on October 13, 2021. The applicant provided a preliminary layout of the proposed subdivision match ing the submitted lot layout in this application. The issues raised during the neighborhood public meeting involved alley access to properties, building height and setbacks, proposed timeline of development, tree removal, building removal, the extension of Beall Drive, and blasting and hammering during construction. All concerns are addressed within this decision, with the exception of blasting and hammering, which will likely depend on the applicant’s infrastructure plan and timeline.

PLLD20211016

3. PROPOSAL: An application request for a 65-lot subdivision on 10.08 acres in the RS Zone (Standard Density Residential). Beall Drive, a designated Collector in the Transportation System Plan, is proposed to extend and connect to NE 27th Street . The proposal indicates the subdivision will occur in two phases: Phase I includes Lots 1-39, and Phase II includes Lots 40 65.

4. APPLICATION ACCEPTANCE DATE: The Land Division application was submitted on November 2, 2021 and paid for on November 3, 2021. The required application materials were initially submitted between November 2 and November 29, 2021. The application was deemed incomplete on December 2, 202 1. Application materials were resubmitted on December 7, 2021 at which time the application was accepted as complete. The application was placed on hold from February 9, 2022 through February 28, 2022 (total of 18 days). The 120-day review period ends on A pril 24, 2022. The decision was originally issued on March 3, 2022 and was reissued on March 4, 2022 due to minor revisions and updated dates.

4.3.300

Transmittals describing the proposal were also sent to participating City departments and other agencies for comment. The comments and response s received by the Bend Planning Division are contained in the file and addressed throughout this decision.

Conformance with the Bend Development Code Chapter 4.3 Subdivisions, Partitions, Replats and Property Line Adjustments

B. Informational Requirements. A tentative plan shall be prepared by a professional land surveyor, a registered professional engineer or a registered landscape architect and contain the information listed below. Some information may be omitted from the tentative plan if it is provided in accompanying materials. No tentative plan shall be considered complete unless all the required information is 1.provided.General Information Required. …. h. If a tract of land has water rights, the application shall be accompanied by a water rights division plan approved by the irrigation district or other water

Sky Vista Subdivision Page 4 of 62

APPLICATION OF THE CRITERIA:

Tentative Plan.

PLLD20211016

A. Tentative Plan Process. Proposed partitions, subdivisions and replats shall be processed as Type II applications in accordance with BDC 4.1.400.

Regarding noise, contractors are required to comply with dust control measures per the City’s Standards and Specifications. These measu res are enforced by City inspectors and code enforcement. The developer has not indicated if blasting will be required. The City does not regulate blasting, as it is under the jurisdiction of the state. If blasting is proposed, contractors must comply with state law for blasting activity and notify the City and provide posted public notice for the neighboring area.

On December 16, 2021, the City of Bend Planning Division sent notice of the subdivision request to surrounding owners of record of property (as shown on the most recent property tax assessment roll) and residents within 250 feet of the subject property and the land use representatives of the Mountain View Neighborhood Association. Four public notice signs were posted on the property by December 14, 2021 (including the NE 27 th Street frontage, and the stubs of NE Pikes Peak Road, NE Desert Oaks Place, and Be all Drive) for the duration of the comment period, per BDC 4.1.425.A. One public comment was received in response to these public notices. The comment requested consideration to allow the church property to access the development ’s projected street connections and also expressed concern with the noise and possible blasting that would occur with construction.

Staff does not take issue with the connection to stubbed streets from the church property, but indicated that City of Bend approval would be required ( namely, a public access easement would be needed to ensure vehicles from the north would not be directed to private property, and that a city standard alley approach would be required at the street stub and church property boundary). The developer’s contact information was also shared with the commenter as to allow them to collaborate during the infrastructure installation.

FINDING:Watermaster.

C. Phased Tentative Plan. An overall tentative plan shall be submitted for land for which a phased subdivision is proposed. The Review Authority shall review all phases of a phased tentative plan at the same time. The final plat for each phase shall be filed in accordance with the applicable provisions of BDC 4.3.400(A). The phased tentative plan shall include, but not be limited to, the informatio nal requirements of subsection (B) of this section, as well as the following elements:

1. Overall tentative plan, including phase or unit sequence, and the schedule for initiation of improvements and projected completion date.

E. Criteria for Subdivision, Partition or Replat Approval . The Review Authority shall not approve a tentative plan for a proposed subdivision, partition or replat unless the Review Authority finds that the subdivision, partition or replat will satisfy the following criteria of approval:

2. Overall facility development phasing plan, including transportation and utility facilities plans that specify the traffic pattern plan for motor vehicles, bicycles, and pedestrians, water system plans, sewer system plans and utility plans.

PLLD20211016 includes a tentative plan prep ared by a professional land surveyor and contains the information required under BDC 4.3.300.B. Comments were received by COID on December 28, 2021 indicating that two of the tax lots part of this subdivision application (171226BC00200 and 171226BC00300) contain water rights. Comments have been uploaded to the project file. Tax Map 171226BC00200 has 0.80 acres of appurtenant COID irrigation water right. This water right is not mapped. Tax Map 171226BC00300 has 4.21 acres of appurtenant COID irrigation water right mapped to a specific place of use on the property.

COID’s comments state that the development will require removal of all COID water rights prior to final plat approval. This will be a condition of approval.

3. Development and phasing plans for any common elements or facilities.

FINDING: The submitted Preliminary Plat for Sky Vista subdivision shows two phases. The applicant’s narrative indicates that the phases will be completed within the 5 year phasing schedule. The submitted Preliminary Street and Utility Plans include details includin g street dedication, street buildout, water/sewer utilities, alley development, easement declaration, and clear vision areas which will be reviewed for compliance within this decision. As proposed, this standard will be met and conditions specific to phasi ng are included below.

PLLD20211016

The documentation submitted with the application and contained in project file

Condition of Approval: Prior to final plat approval of Phase 1, water rights on TL 171226BC00200 and 171226BC00300 must be removed. (Condition #14)

4. Plan of development pattern for streets, bikeways, and access corridors for adjoining lands as required by the Review Authority.

Sky Vista Subdivision Page 5 of 62 district holding the water rights, or when there is no such district, by the County

Additionally, the City does not maintain the property on a current inventory of Historic Resources, Open Space, or Scenic Views and Sites. Because the site does not contain the features listed above, no protected natural features will be impact ed beyond a level that is allowed by local, state and federal laws.

1. The proposal allows for the development of adjace nt property in accordance with the provisions of this Code.

Given the existing conditions (including the fact t hat a significant amount of the surrounding area is developed), the proposal (with its street, water and sewer connections to the

Regarding the significant trees on the site, the applicant is required to provide housing densities in conformance with Comprehensive Plan requirements and to provide a street grid that conforms to City Standards (including right of way and block length and perimeter requirements).

FINDING: The property is designated Residential Standard Density (RS) on the Comprehensive Plan Map and zoned Residential Standard Density (RS); the property is intended for residential use. The property does not have any reco rded significant natural features, special terrain, or historical resources.

PLLD20211016

The City of Bend Development Code includes standards that require a well connected street system, specifying maximum block lengths and perimeters. In order to provide allowed densities of needed housing in accordance with street standards, a significant amount of tree removal will be needed. As shown on the submitted Tree Protection Plan, the proposal includes the removal of trees and topography to accommodate p lanned streets and create buildable lots. Findings of compliance with the Significant Vegetation standards of BDC Chapter 3.2 are provided below; therefore , the proposal conforms to this approval criterion.

FINDING: The development site abuts existing subdivisions to the north and east and abuts right-of-way to the west. The subject property abuts a large property to the south currently developed with a church and school. As documented on the submitted Plan Set, the proposed subdivision design extends water, sewer and transportation facilities throughout the property to connect to existing street stubs and to provide for future connections south The planned street network proposes to build out Beall Street, which will connect to NE 27th Street to the west. NE Pikes Peak Road, NE Desert Oaks Place, and Street A are also planned to extend in a north south configuration to further the creation of bloc ks. The proposal does not negatively impact the ability to develop the property to the south, but rather anticipates the future connections in the event of redevelopment. The existing conditions, along with the proposed street additions and connections with infrastructure extensions, sufficiently accommodate future development and re development opportunities.

Sky Vista Subdivision Page 6 of 62 1. The proposal provides for the preservation of natural features and resources such as streams, lakes, natural vegetation, special terrain features, and other natural and historic resources to the maximum degree practicable.

The property does not contain any streams or lakes, and it has not been identified as a riparian corridor, wetland, Federal Wild and Scenic River, State Scenic Waterway, groundwa ter resource, Approved Oregon Recreation Trail, natural area, wilderness area, mineral and aggregate resource, energy resource, or cultural area. The property does contain some significant trees and native underbrush which are identified and addressed in B DC 3.2.200.

3. Development Standards. The following development standards shall apply to the new lots and new parcels that abut the protected property described in subsection (H)(2) of this section.

Permitted Land Use.

2. Applicability. The residential compatibility standards apply to new lots and new parcels, unless exempted, that were created by a land division application submitted after September 16, 2015, that are zoned RS and abut existing residential properties zoned RS, RL or SR 2 1/2 which are 20,000 square feet or greater (“protected property”). For purposes of these standards only, the term “abut” also includes new lots and new parcels that are separated from a protected property by a lot or parcel, right -of-way, easement or open space that is less than the required minimum setback width. In such cases, the required minimum setback is measured from the protected property line across the intervening lot or parcel, right-of-way, easement or open space area.

2.1.300 Building Setbacks. FINDING: The property contains several existing residential structures, all which are proposed to be removed with the redevelopment of the property. The setbacks in this section will be applied at the time of building permit application submittal ; however, the lot size and layout provide sufficient space for building envelopes.

FINDING: The applicant is proposing 65 lots, which are intended to be developed with singleunit detached dwellings, a permitted use in the RS zone.

2.1.200

a. Lot Area and Setbacks. i. Minimum lot area of 5,000 square feet to 5,999 square feet with a minimum 35-foot setback abutting the protected property; or ii. Minimum lot area of 6,000 square feet or greater with a minimum 30 -foot setback abutting the protected property.

3. The proposal meets all standards and requirements of this Code. Chapter 2.1 Residential Districts.

H. Residential Compatibility Standards.

A. Permitted Uses. The land uses listed in Table 2.1.200 are permitted in the Residential Districts, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 2.1.200, land uses that are incidental and subordinate to a permitted use and land uses that are approved as “similar” to those in Table 2.1.200 may be permitted.

PLLD20211016 Sky Vista Subdivision Page 7 of 62 neighboring properties) provides sufficient opportunities for development and redevelopment in accordance with Development Code Standards. The proposal will not prohibit the development of any adjacent property and the proposal conforms to this approval criterion.

d. Where the abutting protected property has an active land division application or valid land division approval.

b. When the abutting protected property is developed with a nonresidential use or the abutting residential use is a higher density than that of the proposed development. For example: a manufactured home park.

3. The perimeter lots of all new single-family residential subdivisions that are 6,000 square feet or less in size and abut a subdivision platted prior to December 1998 where any abutting lot is 6,000 square feet of less.

FINDING: The subject property is zoned Residential Standard Density (RS) and the abutting property to the south of the subject property exceeds 20,000 square feet; however, the property is developed with a church and a school, which are considered non -residential uses. Therefore, no additional setbacks will be applied to the rear of the proposed lots on the south side of Beall Drive. Staff notes that Oregon Administrative Rules (OAR) Division 46 Middle Housing in Medium and Large Cities, adopted December 9, 2020, prescribes standards guiding the development of Middle Housing types, and requires local governments of Medium and Large Cities to comply with this division. After the date of submission of this application on November 2, 2021, the City of Bend amended the Bend Comprehensive Plan and Bend Development Code (November 5, 2021) to comply with Division 46, which included the removal of the Residential Compatibility Standards. Therefore, these residential compatib ility standards will not apply to future building permit submittals.

1. All new single-family residential construction including building additions on lots 6,000 square feet or less in size located in a subdivision platted prior to December 1998;

PLLD20211016 Sky Vista Subdivision Page 8 of 62 4. Exemptions. New lots or new parcels are exempt from the residential compatibility standards when one or more of the following conditions exist at the time the land division application is submitted:

FINDING: The perimeter of the proposed single family subdivision contains lots that are less than 6,000 square feet. The Eaglenest Phase II subdivision to the north and the Sunpoint Phase III subdivision to the east were platted in 1998, but the lots abutting the subdivision are greater than 6,000 square feet. The other abutting subdivisions (Oakview Phase VI, VIII and IV) were platted after December 1998. Therefore, none of the planned lots abut a lot of less than 6,000 square feet in size that was platted prior to December 1998 and the FAR standards do not apply. Staff notes that Oregon Administrative Rules (OAR) Division 46 Middle Housing in Medium and Large Cities, adopted December 9, 2020, prescribes standards guiding the development of Middle Housing types, and requires local governments of Medium and Large Cities to comply with this division. After the date of submission of this application on November 2, 2021, the City of Bend amended the Bend Comprehensive Plan and Bend Development

A. Floor Area Ratio. Floor area ratio shall apply to the following:

2. Existing homes on lots subject to a partition or lot line adjustment that will result in a lot size of 6,000 square feet or less;

2.1.400 Building Mass and Scale.

Minimum width: 40 ft. at front property line Minimum lot depth: 50 ft. Duplex and Triplex. See BDC 3.6.200(H) RMRS-10 ft.9,000Triplex:ft.4,000Duplex:sq.sq. Width: 40 ft. at front property line Depth: 50 ft.

PLLD20211016 Sky Vista Subdivision Page 9 of 62 Code (November 5, 2021) to comply with Division 46, which included the remova l of FAR standards for all buildings except those which include three or more stories in the RS zone 2.1.500 Lot Area and Dimensions. Table 2.1.500 Lot Areas and Dimensions in the Residential Districts By Housing Type and Zone

Residential Use Zone Lot Area Lot Width/Depth Exceptions Bulb of a cul-de-sac minimum width: 30 ft. min. at the front property line except townhomesforand flag lots. Corner lots or parcels must be at least five feet more in width than the minimum lot width required in the zone Development alternatives: see BDC Chapter 3.8

Staff notes that Oregon Administrative Rules (OAR) Division 4 6 Middle Housing in Medium and Large Cities, adopted December 9, 2020, prescribes standards guiding the development of Middle Housing types, and requires local governments of Medium and Large Cities to comply with this division. After the date of submissio n of this application on November 2, 2021, the City of Bend amended the Bend Comprehensive Plan and Bend Development Code (November 5, 2021) to comply with Division 46. Development Code amendments removed certain standards that are more restrictive than wh at is required for a single-family detached housing (referred to as single unit detached dwellings with the November 5 th code update). As a result, duplexes, triplexes, and quadplexes are now permitted uses on all lots that

HousingDetachedSingle-Family RS ft.4,000area:Minimumsq.

3.6.200(D)See(townhomes)HousingAttachedSingle-FamilyBDC RMRS,-10 2,000 sq. ft. eachfor unit Width: 20 ft. at front property line for interior townhome lots and 25 ft. at front property line for exterior townhome lots Depth: 50 ft.

FINDING: The proposal includes lots that are intended for detached single family homes. All of the lots meet or exceed the minimum 4,000 square foot lot size for detached single family homes, but some are of sufficient size to be developed with duplexes, triplexes, or singlefamily attached units if submitted as such at the time of building permit review. As detailed on the Tentative Plan, the lots range in size from 4,000 to 9,564 square feet. All lots are proposed to exceed 40 feet of frontage (and 45 feet for corner lots) and have depths in excess of 50 feet, in accordance with this section, with the excep tion of Lot 50, which is a flag lot. This lot contains 20 feet of frontage at the front property line and an av erage depth of over 50 feet, reviewed for full compliance below under BDC 3.8.400

1. Maximum housing densities are calculated as follows:

c. Where no new streets will be created, the area of up to 30 feet of the abutting right-of-way width multiplied by the site frontage shall be added to the area subject to maximum housing density.

b. The area for future streets is included in the area subject to maximum housing density.

f. As an illustrative example, if the total site area is five acres, of which a halfacre is sensitive lands, and another acre will be developed with neighborhood commercial uses, and new streets will be created, the area subject to maximum housing density is four acres (total site area minus one acre of neighborhood commercial uses, but including the sensitive la nds). If the

d. Sensitive lands, fire breaks, and canals and their associated easements on the site are included in the area subject to maximum housing density .

Residential Zone Density Range Standard Density Residential (RS) 4.0 – 7.3 units/gross acre

PLLD20211016 Sky Vista Subdivision Page 10 of 62 accommodate single-unit detached dwellings. Thus, at the time of development, all lots will be sized to accommodate a single unit detached dwelling, duplex, triplex, or quadplex.

2.1.600 Residential Density. A. Residential Density Standard. The following density standards apply to all new developments and subdivisions in all of the Residential Districts. Redevelopment or expansion of existing uses within areas of existing land use patterns shall comply with these standards to the extent practical. The density standards shown in Table 2.1.600 are intended to ensure efficient use of buildable lands and provide for a range of needed housing, in conformance with the General Plan.

Table Residential2.1.600Densities

C. Density Calculation

1. The density standards may be averaged over more than one development phase (i.e., as in a subdivision or Mas ter Planned Development). For new subdivision applications, the gross density must not exceed the maximum units per acre for the respective zoning district.

a. The area subject to maximum housing density is the total site area excluding any land to be developed with or dedicated for neighborho od commercial uses, public and institutional uses, and miscellaneous uses that do not include a dwelling unit.

e. For purposes of calculating maximum density, fractional units are rounded down to the next whole unit.

PLLD20211016 Sky Vista Subdivision Page 11 of 62 maximum allowable density is 7.3 dwelling units per acre, then a maximum number of 29 units is allowed on the site.

4.0=Minimum Density 10.08 (4.0) = 40.32 40.32 rounded up = 41 The maximum density is 73 units and the minimum density is 43 units; therefore, the proposed 65 lots (intended for single family dwellings) falls within the allowed density range (6.47 units per acre). Staff notes that Oregon Administrative Rules (OAR) Division 46 Middle Housing in Medium and Large Cities, adopted December 9, 2020, prescribes standards guiding the development of Middle Housing types, and requires local governments of Medium and Large Cities to comply with this division. After the date of submission of this application on November 2, 2021, the City of Bend amended the Bend Comprehensive Plan and Bend Development Code (November 5, 2021) to comply with Division 46. Development Code amendments removed certain standards that are more restrictive than what is required for a single family

FINDING: The proposed subdivision includes a total of 65 lots on th e subject property that is 10.08 gross acres in size. The proposal does not include land to be developed with or dedicated for neighborhood commercial uses, public and institutional uses or miscellaneous uses that do not include a dwelling unit (like sensitive lands; fire breaks; and canals and their associated easements). Since streets are proposed, no abutting right of way is included in the density calculation, and the area for future streets is included in the area subject to both maximum and minimum housing density, calculated per the following: Maximum Density Calculation

b. The area for future streets is included in the area subject to minimum housing density.

2. Minimum housing densities are calculated as follows:

7.3=Maximum Density 10.08 (7.3) 73.58 73.58 rounded down = 73 Minimum Density Calculation

d. As an illustrative example, if the total site area is f ive acres, of which a halfacre is sensitive lands, and another acre will be developed with neighborhood commercial uses, and new streets will be created, the area subject to minimum housing density is three and one -half acres (total site area minus one acre of neighborhood commercial uses, minus a half -acre of sensitive lands). If the minimum density is 4.0 dwelling units per acre, then a minimum number of 14 units is required on the site.

c. For purposes of calculating minimum density, fractional units are rounded up to the next whole unit.

a. The area subject to minimum housing density is the total site area excluding any land to be developed with or dedicated for neighborhood commercial uses, public and institutional uses, and miscellaneous uses that do not include a dwelling unit; sensitive lands; fire breaks; and canals and their associated easements.

FINDING: Lot coverage and building height requirements will be reviewed for compliance with RS zone standards at the time of building permit submittal.

A. On-site surface water drainage, including roof drainage, must be retained on the lot or parcel of origin and not flow onto the public right-of-way or other private property. FINDING: The Preliminary Street and Utility Plan and the Preliminary Grading and Drainage Plan shows stormwater will be retained on the subject property as practi cable. The Preliminary Grading and Drainage Plan states that roof drainage originating from individual residential properties will be retained onsite or may be conveyed by subsurface piping to private drywell systems. Stormwater retention in the public right of way will be reviewed in further detail below in BDC 3.4.500.

Residential Zone Lot Coverage Standard ResidentialDensity(RS) 50% for lots or parcels with single -story dwelling unit(s) and single-story accessory structures. 45% for all other lots or parcels.

PLLD20211016 Sky Vista Subdivision Page 12 of 62 detached housing (referred to as single -unit detached dwellings with the November 5 th code update). As a result, duplexes, triplexes, and quadplexes are exempted from meeting maximum density standards, and may be proposed on any lots within the development area provided all development standards are met at the time of building permit approval 2.1.700 Maximum Lot Coverage. A. Maximum Lot Coverage. The following maximum lot coverage standards apply to all development within the Residential Districts as follows: Table 2.1.700 Residential Lot Coverage

Other Design Standards

2.1.800 Building Height. A. Standard. The following building heights apply to all development within the Residential District: 1. Buildings within the UAR, RL, RS, RM-10 and RM Districts may be no more than 30 feet in height.

As shown on the Preliminary Grading and Drainage plan, a total of eight private stormwater basins are proposed. Drainage will be managed by private drywells serving Lots 15 39, 40 47, 1 14 and 59 65, which are proposed within the private alleys. Additionally, alley and lot drainage for Lots 40-47 will be directed to infiltration swales located adjacent to the alley at the rear of the lots. The private drywells must be registered with DEQ prior to final plat. Documentation from DEQ must be provided to the City showing drywell registration.

2.1.1100

Condition of approval: Prior to final plat approval of each phase, a Stormwater Maintenance agreement must be recorded with the City. All private storm systems and drywells must be privately maintained, and the maintenance must be part of the Stormwater Maintenance agreement. The stormwater directed to private storm pipe w ithin the private alleys, and in turn to drywells, must be from roof runoff only. (Condition #29)

Condition of approval: Prior to final plat approval of each phase, private drywells must be registered with DEQ. Documentation from DEQ must be provided to the City showing drywell registration. (Condition #28)

Condition of approval: All private storm pipe must be contained within a Private Stormwater Easement recorded over the private storm pipe crossing property li nes, with a Cross Drainage Easement for stormwater flowing across property lines. These private storm systems will not be permitted within City of Bend right of way or within City or public utility easements. Both the Cross-Drainage Easement and Private St ormwater Easement must be recorded on the final plat. (Condition #30)

Condition of approval: Non roof runoff must be retained on the site of origin, unless where permitted by a Cross-Drainage Easement with an approved point of stormwater containment conforming to COSM requirements. (Condition #52)

Private storm pipe is shown within the alleys to capture stormwater runoff from the residential lots. The grading and drainage plan states that roof drainage originating from residential properties will be retained on -site or be conveyed by subsurface piping to private drywell systems; however, the stormwater directed to these pipes, and in turn to the drywells, must be from roof runoff only. All private st orm systems and drywells will be privately maintained , and the maintenance must be part of a Stormwater Maintenance agreement with the City. All private storm pipe must be contained within a Private Stormwater Easement recorded over the private storm pipe crossing property lines, with a Cross-Drainage Easement for the stormwater flowing across property lines. These private storm systems will not be permitted within City of Bend right-of-way or within City or public utility easements and must be shown on the final plat for each phase. On site drainage facilities for non roof runoff will be reviewed in association with subsequent building permit applications. It is required that unless where permitted by a Cross Drainage Easement, all stormwater must be retai ned on the site of origin. The above standard can be met with the following conditions:

B. Development must comply with BDC 3.5.200, Outdoor Lighting Standards, and 3.5.400, Solar Standards.

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Condition of approval: Prior to final plat approval of each phase, the Engineer of Record must provide written documentation that all storm water management systems have been designed and installed in accordance with the approved plans and/or any applicable Oregon DEQ requirements. The EOR must test the constructed stor m water facilities and provide written testing results. DEQ registration is required for private UIC storm facilities, including UIC decommissioning, and/or UIC Rule Authorization, if applicable. (Condition #31)

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2. On steep slopes, increased lot or parcel sizes may be required to avoid excessive cuts, fills and steep driveways.

FINDING: The subject property has some slight topographic variation but it does not have excessively steep slopes that would necessitate increased lot sizes. All lots meet or exceed the 4,000 square foot minimum lot size requirement of the RS Zone.

FINDING: As reviewed above, the proposed lots have been sized to meet the minimum standards for lot depth and lot width for the RS zone.

C. General Requirements for Lots and Parcels.

FINDING: The Preliminary Plat shows that all planned lo ts abutting Beall Drive will take access from private alleys. The Existing Conditions Plan shows that the parent property abuts an existing alley constructed with Oakview Phase VI to the northeast. The Preliminary Street and Utility Plan shows that this alley serving Lots 40-47 will be widened to 20 feet in width and extended to NE Desert Oak Street. The applicant’s narrative states that the lots fronting NE Rainier Drive will take access directly onto NE Rainier Drive, consistent with the lots on the nort h side of the street; however, based on the proposed layout, Lots 29 39 will also abut a planned alley, as will Lot 56. Lots 29 39 and Lot 56 must take access from the alley, discussed further and conditioned below.

3.1.200 Lot, Parcel and Block Design.

C. Garages and carports must be accessed from alleys where practical. In this instance, the term “practical” means that there is an existing or platted alley that could be used in its current condition or improved to provide access.

FINDING: Compliance with BDC 3.5.400, Solar Standards, is addressed in findings below. Compliance with outdoor lighting standards will be reviewed with future submitted building permits.

Chapter 3.1 LOT, PARCEL AND BLOCK DESIG N, ACCESS AND CIRCULATION

A. Purpose. The purpose of this section is to create orderly development as the City grows and redevelops. The size, width, topography and orientation of lots or parcels shall be appropriate for the location of the land division and for the type of development and use contemplated.

B. Applicability. New development shall be consistent with the provisions of this chapter and other applicable sections of this code.

1. Depth and width of new lots or parcels shall meet the minimum standards specified for the zoning district.

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3. On tracts containing watercourses or rock outcroppings, increased lot or parcel sizes may be required to allow adequate room for development and protection of the topographic or natural feature.

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6. Corner lots or parcels shall be at least five feet more in width than the minimum lot width required in the zone.

FINDING: The site does not have significant natural or topographic fea tures and is not within an Upland Area of Special Interest (ASI); therefore, increased lot sizes are not required.

7. All permanent utility service to lots or parcels shall be provided from underground facilities. The developer shall be responsible for complying with requirements of this section, and shall: a. Make all necessary arrangements with the utility companies and other persons or corporations affected by the installation of such underground utilities and facilities in accordance with rules and regulations of the Public Utility Commission of the State of Oregon. b. All underground utilities and public facilities installed in streets shall be constructed prior to the surfacing of such streets.

5. All side lot or parcel lines shall be at right angles to the street lines or radial to curved streets for at least one -half the lot or parcel depth wherever practical.

FINDING: The side lot lines of the proposed lots are perpendicular or radial to the abutting street frontage, creating an orderly pattern of development. This standard is met.

FINDING: The Preliminary Street and Utility Plan shows utility services to the planned lots will be provided underground and extended throughout the subdivision. According to the submitted narrative, the development has coordinated with utility companies, and all underground utilities and public facilities to be located within the right of way can be constructed prior to the surfacing of affected streets. Utility Will Serve Letters from Pacific Power, Cascade Natural Gas, and Bend Broadband were provided wi th the submitted application materials. This standard will be met with the following condition.

4. Each lot or parcel shall abut upon a street other than an alley for the minimum width required for lots or parcels in the zone, except: b. For approved flag lots or parcels, the minimum frontage is 15 feet;

Condition of Approval: All utility lines must be placed underground prior to surfacing of adjacent and planned streets, except that surface mounted transformers, connection boxes and meter cabinets, temporary utility service facilities during construction, and high capacity electric lines operating at 50,000 volts or above, may be placed above ground, so long as they are not located within required clear vision areas. Final location of utilities must be reviewed by the City Engineer through a Tier III (infrastructure) right of way plan review process, with all design and construction conforming to City of Bend standards. (Condition #32)

FINDING: The corner lots in this proposed subdivision (Lots 1, 14, 15, 25, 26, 29, 39, 40, 49, 58, and 65) meet or exceed the minimum 45 foot frontage.

FINDING: As depicted on the submitted Preliminary Plat, the proposed design allows each lot to abut a public street for the minimum width required (40 feet for standard lots, 45 feet for corner lots, and 15 feet for the proposed flag lot).

a. Six hundred sixty feet block length and 2,000 feet block perimeter in all Residential Zones; d. An exception may be granted to the maximum block length and/or block perimeter by the Review Authority if the applicant can demonstrate that the block length and/or block perimeter cannot be satisfied due to topography, natural features, existing development or other barriers, or it is unreasonable to meet such standards based on the existing pattern of development, or other relevant factors. When an e xception is granted, the Review Authority may require the land division or site plan to provide blocks divided by one or more access corridors in conformance with the provisions of BDC 3.1.300, Multi-Modal Access and Circulation. Access corridors shall be located to minimize out-of-direction travel by pedestrians and bicyclists and shall meet all applicable accessibility standards.

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Sky Vista Subdivision Page 16 of 62 D. Street Connectivity and Formation of Blocks. To promote efficient multi-modal circulation along parallel and connecting streets throughout the City, developments shall produce complete blocks bounded by a connecting network of streets, in accordance with the following standards:

FINDING: The subject property is not in an area regulated by a master plan, refinement plan, special area plan, or other approved development plan. The current block perimeter surrounding the development site is over 7,000 linear feet. The subject site abuts existing residential development to the north and east, and as such, block formation is largely controlled by existing development. The submitted Preliminary Plat shows that the planned block lengths will not exceed 660 feet and the block perimeters will not exceed 2,000 feet, except for when it is unreasonable due to existing development and other barriers.

More specifically, the site currently fronts NE 27th Street to the west and NE Rainier Avenue to the north. Three streets stub into the property (NE Pikes Peak Road, NE Desert Oaks Street, and Beall Drive). The project includes the extension of Beall Drive to NE 27 th Street, as outlined in the City of Bend’s Transportation System Plan. In addition, the project proposes to extend NE Pikes Peak Road south to Beal Drive and NE Desert Oaks Street south to Beall Drive. Overall, this increased connectivity will substantially reduce existing block perimeter, formalizing three full blocks and meeting the intent of this provision. The existing church and school to the south result in a block longer than 2000 feet along the south side of Beall Drive

1. New development shall construct and extend planned streets (arterials, collectors and locals) in their proper projection to create continuous through streets and provide the desirable pattern of orderly developed streets and blocks. Streets shall be developed within a framework that is established in the Bend Urban Area Transportation System Plan and any applicable Special Area Plan, Refinement Plan, Master Neighborhood Development Plan or other adopted or approved development plan. Where such plans do not provide specific block length and perimeter standards, the requirements listed below shall apply:

2. Block lengths and perimeters shall not exceed the following standards as measured from centerline to centerline of through intersec ting streets.

While the TSP shows the planned extension of Beall Drive at right angles (see image below), coordination with City planning and engineering staff determined that as proposed, the extension satisfies the intent of the connectivity, since surrounding local streets will a lso be extended.

FINDING: Findings for compliance with BDC 3.1.400 are addressed bel ow.

E. New Lot and Parcel Access. In order to protect the operations and safety of arterial and collector roadways, access management is required during lot and parcel development. New lots and parcels created through land division that have frontage onto an arterial or collector street shall provide alternative options for access as indicated below:

3. New street connections to arterials and collectors shall be governed by BDC 3.1.400, Vehicular Access Management.

a. Exception to Residential Alleys. The Review Authority may determine that an alley is impractical due to physical or topographical constraints. In this situation, double frontage lots may be permitted.

Sky Vista Subdivision Page 17 of 62 between NE 27th Street and NE Desert Oak Street. This is exacerbated by the limitations of extending NE Pikes Peak Road, which creates double frontage lots and creates uncharacteristically narrow blocks. Staff finds that due to the existing pattern of deve lopment, this standard has been met to the greatest extent practical.

1. Residential lots or parcels not intended for multifamily housing shall provide alley access to the individual lots fronting onto the arterial or colle ctor.

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Lots 49 and 58 are corner lots which front both Beall Drive and unna med Street A. These lots will be required to take access from Street A as the lower classification roadway. Lot 48 contains frontage only on Beall Drive; however, the applicant’s narrative states Lot 48 is planned to share access with Lot 63, a flag lot. T his configuration is reviewed in further detail below under BDC 3.1.300.G. 3. The land division shall also provide for local street grid connections to the arterial and collector street in accordance with the block length and perimeter standards of this section.

FINDING: The submitted Preliminary Plat shows that alley access is planned for Lots 25 -47 and 1 59 which all front Beall Drive, a designated collector. Lots 27 and 28 front NE 27 th Street, (a designated arterial) as double frontage lots and thus will be required to take access from NE Pikes Peak Road, the lower classification roadway (local residential). Lot 26, a tripled frontage lot, will also be required to take access from NE Pikes Peak Road as the lowest roadway classification.

FINDING: The subdivision includes the extension of Beall Drive, a designated Collector street in the City of Bend’s Transportation System Plan (TSP) to NE 27 th Street (Major Arterial)

The connection of Beall Drive to NE 27th Street is located at maximum distance from vehicle and pedestrian intersections to the north and south along NE 27th Street. As proposed, Beall Drive will be located ±120 feet north of the church driveway and ±640 feet north of NE Rosemary Drive, both located south of the subject property on the east side of NE 27 th Street. Also, as proposed, Beall Drive will be located ±280 feet south from th e existing school entrance on the west side of NE 27 th Street and ±728 feet south from NE Faith Drive. Additionally, a pedestrian crossing is located ±522 feet to the north. Given the proximity of existing access points and crossings, staff finds that as p roposed, the block length of the area will be brought into greater compliance as safely as possible. The additional local street connections proposed meet the block length and perimeter standards of this section as reviewed above. Therefore, the applicable criteria are met.

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Planned Collector as shown in TSP

Proposed Collector

3.1.300

Multi-Modal Access and Circulation.

3.1.400 Vehicular Access Management.

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B. On-Site Pedestrian Facilities. For all developments except single -family and duplex dwellings on their own lot or parcel, pedestrian access and connectivity shall meet the following standards:

FINDING: The lots are planned to accommodate single -family home construction, to which the on site pedestrian facility standards of this section do not apply. Sidewalks are proposed along the frontage of the existing and proposed streets and are reviewed below under BDC 3.4.20 0.

FINDING: The City adopted a Transportation System Plan (TSP) Update in September 2020 which replaces the Bend Urban Area Bicycle and Pedestrian System Plan with a Low Stress Bicycle Network and Key Bicycling and Walking Routes. The TSP update does not include a Bicycle Low Stress Network (LSN) through or abutting the subject property; however, bike lanes are proposed along Beall Drive, a designated collector in the Transportation System Plan (TSP). This will enhance multi modal connectivity to Hawkeye Drive to the east, which is a planned Neighborhood Greenway per the TSP. This standard is met.

C. Approval of Access Required. Proposals for new access shall comply with the following procedures:

A. Purpose. The purpose of this section is to ensure safe, accessible, direct and convenient multi-modal circulation by developing an on -street and off-street system of access corridors and public sidewalks throughout the City.

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1. Developments subject to development and having an access corridor alignment shown on the City of Bend Urban Area Bicycle and Pedestrian System Plan shall dedicate either right -of way or an access easement to the public for a primary or connector multi-use as outlined below.

a. Primary multi-use paths shall be in the alignment shown on the City of Bend Urban Area Bicycle and Pedestrian System Plan to the greatest degree practical unless, with consideration of reco mmendations from the Bend Park and Recreation District, an alternate alignment is approved by the City through the development review process.

b. Connector multi-use paths ...

1. Permission to access City streets shall be subject to review and approval by the City based on the standards contained in this chapter and the provisions of BDC Chapter 3.4, Public Improvement Standards. Access will be evaluated and determined as a component of the development review process.

Primary and Connector multi-use path alignments shall be dedicated and constructed in accordance with the City’s Design Standards and Construction Specifications.

c. Primary and Connector Multi-Use Path Dedication and Construction.

C. Off-Site Multi-Modal Facilities.

One of the four private alleys is shown along the rear of Lots 40-47, but 12-feet in width. This alley will abut an existing eight foot wide alley easement located at the rear of properties 22 25 of Oakview Phase VI Subdivision and Parcels 1 and 2 of PP2005 -74 (formerly Lot 26 of Oakview Phase VI). The proposed private alley will replace an existing eight foot wide alley easement recorded on Tract C of Oakview Phase VI Subdivision. Effectively, in conjunction

D. Traffic Study Requirements. A transportation impact analysis (TIA) may be required under BDC Chapter 4.7, Transportation Analysis, for certain types and intensities of development proposals and to determine access restrictions of driveways onto arterial and collector roadways.

FINDING: The existing parent parcel contains one existing access point on NE 27 th Street. With the proposed 65-lot development and the extension of Beall Drive, the existing driveway access point is required to be removed, and closed with a City Standard curb. As discussed above, the submitted Preliminary Plat shows that private alley access is planned for Lots 15 25, 40-47, 1-14, and 59-65 which all front Beall Drive, a designated collector. Three 20 -foot wide private alleys are proposed with the development, all within proposed Private Access and Drainage Easements. All alleys are required to be constructed to City of Bend alley standards within a 20 foot wide public access easement to allow for pedestrian access and dedicated on the final plat for each phase (conditioned below under BDC 3.4).

1. Lots and parcels in all zones and all uses may have one access point, except as authorized in BDC 3.1.400(F)(4). When a property has mor e than one permitted street access, the City Engineer may require existing accesses to be closed and replaced with curbing, sidewalks/pathways, and landscaping, in accordance with the provisions of this code and the City standards and specifications.

3. For lots or parcels abutting an alley, access may be required to be taken from the alley. Outside of the Downtown Wall Street/Bond Street couplet, the City Engineer may determine that an alley is not an adequate roadway for primary access if both of the following criteria are met: a. The alley does not provide adequate or sufficient access to the proposed development; and b. Access to the higher classification roadway will be safe.

2. If a lot or parcel has frontage on two or more streets of different street classifications, the property shall access the street with the lowest classification.

FINDING: As detailed in findings below, access has been designed in conformance with BDC 3.4.

FINDING: The applicant submitted a Transportation Impact Analysis (TIA) in accordance with BDC 4.7. Compliance with BDC 4.7 is detailed in find ings below.

F. Access Management Requirements. Access to the street system shall meet the following standards:

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Lot 48 contains frontage only on Beall Drive; however, the applicant’s narrative states Lot 48 is planned to share access with Lot 50, a fla g lot, to be reviewed below in BDC 3.1.300.G. As proposed, no properties will take access from a Collector or Arterial.

PLLD20211016 Sky Vista Subdivision Page 21 of 62 with the existing alley to the north, the proposal will create a 20 -foot wide private alley by providing an additional four feet of easement. The applicant provided a copy of the Oakview Phase VI Covenants, Conditions and Restrictions which states that the existing private alleys are to be maintained by the owners of the “private way lots”. Pr ior to final plat approval of Phase 2, the applicant must either submit CC&Rs for Sky Vista subdivision or revise the Oakview Phase VI CC&Rs to demonstrate how the development will maintain all private alleys.

Lots 49 and 58 are corner lots which front both Beall Drive and unnamed Street A. These lots will be required to take access from Street A as the lower classification roadway (local residential) Lots 57, 50 55 will also take access from unnamed Street A. Lots 29 39 and Lot 56 all front local residential streets, but are provided alley access via a 20 foot wide private alley at the rear of the property. The applicant’s narrative states that street access is planned for Lots 29 39 to match the existing pattern of development along the nor th side of NE Rainier Drive. While the applicant states NE Rainier Drive can provide safe access, the applicant has not provided sufficient reasoning why the private alley access is not an adequate roadway for primary access. Lots 29 39 and Lot 56 will be required to take access from the abutting alleys at the time of development. This will be a condition of approval.

Condition of Approval: At the time of building permit approval, driveway access for Lot 26 must be from NE Pikes Peak Road on the northeast corner of the property to maintain separation from the Beall Drive intersection. (Condition #49)

Condition of Approval: At the time of building permit approval, Lots 15-25, Lots 29-39, Lots 40 47, Lots 1 14, Lots 59 65 and Lots 56 will be required to take access from the private alleys with a public access easement, dedicated on the plat . Where a lot fronts an alley, the lot must take access from the alley. Alley A, abutting Lots 40 -47, is not required to be contained within a public access easement. (Condition #50)

Lots 27 and 28 front both NE Pikes Peak Road (local residential) and NE 27th Street, (arterial) as double frontage lots; thus, will be required to take access from NE Pikes Peak Road as the lower classification roadway. Due to the unique configuration of Lot 26 (with three frontages), access is limited to the lowest classification roadway and a driveway will be permitted only on NE Pikes Peak Road on the northeast corner to maintain separation from the Beall Drive intersection. This will be a condition of approval.

Condition of Approval: Prior to final plat approval of Phase 2, the applicant must either submit CC&Rs for the Sky Vista subdivision or revise the Oakview Phase VI CC&Rs to demonstrate how the development will maintain all private alleys. (Condition #24)

Condition of Approval: Prior to the final plat approval of Phase 1, the existing driveway approach on the northwest corner of the parent parcel must be removed and closed, with the installation of a City standard curb. (Condition #15)

Condition of Approval: No vehicular access will be permitted from Beall Drive or 27th Street. (Condition #53)

5. Access Spacing Requirements. The maximum distance achievable between two driveways or a driveway and an intersection shall be provided. Access spacing shall acc ommodate City of Bend Standards and Specifications for curb reveal between driveway apron wings.

7. Driveways shall be designed and located to provide a vehicle in the driveway with an unobstructed view of the roadway for a sufficient distance as required by City Standards and Specifications or the American Association of State Highway and Transportation Officials (AASHTO) policy on intersection sight distance requirements as determined by the City.

FINDING: Backing onto public streets is allowed for single -family residential development, in addition to duplexes and triplexes. No additional backing or maneuvering distance will be required for driveways located on local residential streets. Backing distance fo r alley accessed properties will be reviewed at the time of building permit submittal.

FINDING: As noted above, the majo rity of properties will abut an alley, and will be required to take access from the alley.

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6. Access Operations Requirements. Backing from an access onto a public street shall not be permitted except for single -family, duplex or triplex dwellings backing onto a local street or for any use when backing into an alley if adequate backing distance is provided. The design of driveways and on -site maneuvering and loading areas shall include the anticipated storage length for entering and exiting vehicles, in order to prevent vehicles from backing into the flow of traffic on the public street or causing unsafe conflicts with on -site circulation.

FINDING: Individual driveways from the local streets will be reviewed with the future infrastructure plans and the building permits for dwelling units on the individual lots

8. Driveway widths, designs, and materials shall comply with City of Bend Standards and Specifications.

G. Shared Access. For traffic safety and access management purposes, the number of driveway and private street intersections with public streets shall be minimized by the use of shared driveways with adjoining lots where feasible. The City may require shared driveways as a condition of development approval in accordance with the following standards:

FINDING: Driveways taking access from street frontages must be located the maximum distance achievable from the intersection. Driveway locations have not been proposed by the applicant at this time, but will be reviewed with the future infrastructure plans and the building permits for dwelling units on the individual lots

1. Shared Driveways and Frontage Streets. Shared driveways and frontage streets are encouraged, and may be required to consolidate access onto a collector or arterial street. When shared driveways or frontage streets are required, they shall

FINDING: Driveway locations have not been proposed by the applicant at this time, but will be reviewed with the future infrastructure plans and the building permits for dwelling units on the individual lots

3. Cross Access. Cross access is encouraged, and may be required between contiguous sites in the Public Facilities, Mixed -Use, Commercial and Industrial Zones and for multifamily housing developments in the Residential Zones in order to provide for direct circulation between sites and uses for pedestrians, bicyclists and drivers and to enable compliance with the collector and arterial access management requirements of this chapter.

2. Access Easements. Access easements for the benefit of affected properties shall be recorded for all sha red driveways, including walkways, at the time of final plat approval or as a condition of development approval.

1. Single-family, two-family, and three-family residential uses shall have a minimum driveway opening width of 10 feet, and a maximum width of 24 feet. Wider driveways may be necessary to accommodate approved paved recreational vehicle pads; however, the driveway opening or connection to the street shall not be wider than 24 feet.

PLLD20211016 Sky Vista Subdivision Page 23 of 62 be stubbed to adjacent developable land to indicate future extension. For the purpose of this code, stub means that a driveway or street temporarily ends at the property line, and shall be extended in the future as the adjacent property develops, and developable means that a property is either vacant or it is likely to redevelop.

Additionally, access will not be permitted from the existing alley in Oakview Ph ase IV, located adjacent to the easterly site property line, for Lots 48 and 50 -55 unless an access easement can be obtained and recorded. The existing alley is currently private with a private access easement. Access from this alley is not proposed by the applicant with the submitted preliminary plans. Condition of Approval: A minimum 20 foot wide shared access easement over lot 50 must be recorded with the plat benefiting Lot 48. (Condition #25)

FINDING: Lot 48 contains only frontage on Beall Drive; however, the applicant’s narrative states Lot 48 is planned to share access with Lot 50, a flag lot. To reduce access onto the collector street, staff finds that Lot 48 may take access from Lot 50 as a shared driveway provided that an Access Easement for the benefit of Lot 48 be recorded on the Plat. This will be a condition of approval.

H. Driveway Widths. Driveway openings (or curb cuts) shall be the minimum width necessary to provide the required number of vehicle travel lanes (10 feet minimum width for each travel lane). When obtaining access to off -street parking areas backing onto a public street shall not be permitted except for single -family, duplex or triplex dwellings backing onto a local street or when backing into an alley for all uses if adequate backing distance is provided. The following standards provide adequate site access, minimize surface water runoff, and avoid conflicts between vehicles and pedestrians:

Condition of Approval: Prior to the issuance of the Tier III right of way (infrastructure) permit associated with Phase 2, the applicant must determine how to meeting the fire turn aro und requirements under the Oregon Fire Code, with Street A dead ending in over 150 feet from Beall Drive. The Fire Department may allow for the alley to be used for access/turnaround, and if so design must be provided by a registered engineer showing adequ ate maneuverability. If the alley is deemed unusable for a turnaround, a hammerhead or other approvable turnaround option, complying with the Oregon Fire Code, must be designed and constructed. If the turnaround does not fit within the right of way, a tem porary emergency access easement must be recorded by separate document prepared and recorded by the City, prior to final plat. (Condition #3) L. Construction. The following development and maintenance standards shall apply to all driveways and private s treets. The City of Bend Standards and Specifications document shall prevail in the case of conflicting rules related to the design and construction of public infrastructure.

1. Surface Options. Driveways, required parking areas, aisles, and turn -arounds may be paved with asphalt, concrete or comparable surfacing or a durable non-paving material (e.g., grass -crete, eco-stone) may be used to reduce surface water runoff and to protect water and air quality. Gravel is not allowed.

Sky Vista Subdivision Page 24 of 62 I. Fire Access and Parking Area Turn -around. A fire equipment access drive shall be provided for any portion of an exterior wall of the first story of a building that is located more than 150 feet from an existing public street or approved fire equipment access drive as measured around the building. Parking a reas shall provide adequate aisles or turn-around areas for service and delivery vehicles so that all vehicles may enter the street in a forward manner (except for single -family dwellings and alleys that provide adequate backing width).

2. Surface Water Management. When an impervious surface is used, all driveways, parking areas, aisles and turn -arounds shall have on-site collection or infiltration of surface waters to prevent the flow of stormwater onto public rights-of-way and abutting property. Surface water facilities shall be constructed in conformance with City specifications. Durable non -paving materials (e.g., grass-crete, eco-stone) are encouraged to facilitate on -site infiltration of stormwater. [Ord. NS-2177, 2012; Ord. NS-2016, 2006]

FINDING: As shown on the submitted Preliminary Plat, all properties abut a public street for the minimum frontage of the RS zoning district ; however, Street A terminates over 150 feet from Beall Drive. A 20 foot wide alley is proposed along the rear of properties abutting t he southern boundary of the proposed subdivision ; however, it is unclear if the alley provides an adequate fire access and parking turnaround area for the properties fronting on unnamed Street A. Prior to the issuance of the infrastructure permit associated with Phase 2, the applicant must show that the alley can be utilized for a fire -truck turnaround. If the alley is insufficient to provide a firetruck turnaround, a temporary emergency access easement must be recorded on one of the properties prior to the final plat approval of Phase 2. This will be a condition of approval.

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3. Unless exempted below, there must be no fence, wall, vehicular parking, sign, building, structure, or any other obstruction to vision within the clear vision

C. The following standards apply to clear vision areas:

2. The following measurements define the clear vision areas: Table 3.1.500.B Intersection at a Street and the following: Minimum Distance of Triangle Side Street 15 feet Alley 10 feet Driveway 10 feet Railroad 15 feet

FINDING: All driveways and parking areas will be paved and designed in compliance with surface water management regulations. The submitted Grading and Drainage Plan is reviewed in further detail below under BDC 3.4.500.

1. The clear vision area is in the shape of a triangle and extends across the corner of private property to the face of curb at the street or alley as shown in Figure 3.1.500.A. The two legs of the clear vision tria ngle are each measured from the point of intersection of the two corner lot lines, special setback lines, or access easement lines. Where lot lines have rounded corners, the lot lines are extended in a straight line to a point of intersection. Measurements along a driveway are taken at the edge of pavement.

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3.1.500 Clear Vision Areas

Condition of Approval: Clear vision and sight distance must be included on Tier III right of way (Infrastructure) plans and building permit applications. All landscaping and site improvements must comply with the clear vision requirements of BDC 3.1.500 and City of Bend Standards and Specifications and Drawing R -2. There must be no fence, wall, parking, new landscaping, structure, or any other obstructions to vision other than a street sign post, pole or existing tree trunk (clear of branches or foliage) within the clear vision areas on the subject property between the height of 2 feet and 8 feet. Drivew ay approaches and driveways are not permitted within the clear vision area. (Condition # 4)

Condition of Approval: Clear vision areas with minimum triangle legs of 10 feet are required to be maintained at all alley intersections (Condition #54)

5. Additional clear vision areas may be required as directed by the City Engi neer.

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i.Exemptions.Streetsign, post or pole (e.g., power, signal, or luminaire pole).

4. Driveway approaches and driveways are not permitted within the clear vision area. On-street parking is not permitted within 20 feet of an accessible ramp or within 10 feet of a driveway approach.

Sky Vista Subdivision Page 26 of 62 area between the height of two feet and eight feet above the top of the curb. In cut sections, embankments must be graded to comply with these requirements. Shrubs or foliage must not exceed two feet in height. Existing trees must be limbed to a minimum of eight feet above the top of curb or 12 feet above adjacent bike lanes. New trees are not permitted within the clear vision area. a.

FINDING: The proposal does not include structural development and as depicted on the submitted Preliminary Street and Utility Plans, development does not impose upon clear lines of vision. Furthermore, the lot layout ensures that development can occu r in conformance with all clear vision standards. As designed, the proposal conforms to these development standards; however, the submitted Preliminary Street and Utility Plans omit clear vision triangles in three locations (SE corner of NE Rainier Avenue and NE Pikes Peak Road, SW Corner of NE Rainier Avenue and NE Desert Oaks Street, and the SE corner of the proposed private “Alley A” and NE Desert Oaks Street on Lot 40) which must be shown on all infrastructure and building permit submittals. All intersections must provide clear vision. Given that the clear vision requirements at the intersection of two alleys is omitted from Table 3.1.500.B., but additional clear vision areas may be required by the City Engineer, clear vision areas with minimum triangle legs of 10 feet are explicitly required to be maintained at the intersection of the two alleys between Lots 2 and 3. This will be a condition of approval.

ii. Any private post or pole eight inches or less in diameter (width or length).

FINDING: As detailed on the submitted Preliminary Tree Protection plan, all significant trees meeting the definition of this section have been mapped, which shows 93 significant onsite trees. Of these, 89 are proposed to be removed with development and four significant trees are proposed to be retained. The project proposal includes the removal of the majority of the significant trees due to construction of needed housing, necessary grading, required street networks, right of way dedication, utilities and improvements meeting City infrastructure standards. Staff has identified nine trees eligible to be retained on the property as shown below and as identified on the submitted Tree Inventory. All trees identified are located outside required setback areas.

D. Protection Standards. Significant trees identified as meeting the criteria in subsection (B) of this section shall be retained unless approved by the City to be removed for development. Preservation shall be considered impracticable when it would prevent development of public streets, public utilities, needed housing or land uses permitted by the applicable land use district. The term prevent in this standard means that the development cannot be designed to avoid the significant tree(s). An inability to achieve maximum permitted density by complying with this subsection shall not in itself be considered to prevent development.

PLLD20211016 Sky Vista Subdivision Page 27 of 62 Chapter 3.2 Landscaping, Street Trees, Fences and Walls 3.2.200 Landscape Conservation.

B. Significant Vegetation. Significant vegetation means individual trees with a specific trunk diameter as measured four feet above the ground (known as DBH, “diameter at breast height”); shall be inventoried during the site design process and protected during construction unless otherwise approved for removal through the site plan review process. For the purpose of this section, deciduous trees measuring six inches or greater and con iferous trees measuring 10 inches or greater shall be considered significant vegetation.

Preservation of all of the significant, on-site trees is impracticable because preservation would prevent as defined by the BDC construction of public streets, public utilities, and needed housing permitted in the RS zone. The right of way improvements will include new street trees in conformance with City standards. The applicable criteria can be met as conditioned below.

Condition of Approval: All areas of significant trees shown to be retained under the Tier III right of way (infrastructure) permit shall be protected, as well as the root systems of trees immediately off -site, prior to, and during construction. The proposed tree protection fencing shall be installed prior to any construction activities on the site, and shall remain in place until construction has been completed. Grading, operation of vehicles and heavy equipment, and storage of supplies and construction materials is prohibited within the drip zone of significant trees to be retained. (Condition #6)

PLLD20211016 Sky Vista Subdivision Page 28 of 62 Trees 1 (10070) and 2 (10072) along the eastern property line are located within an existing 10-foot wide Avion Water easement depict ed on the Preliminary Plat. No comments were received from Avion authorizing tree removal within the easement. Trees 3 (10255), 5, (10387) and 4 (10382) are all located outside of proposed grading areas and are located on property lines, outside buildable envelopes (staff notes Tree 3 is noted as preserved on the submitted Tree Inventory but labeled incorrectly on the Tree Preservation Plan). It will be a condition of approval that the Preliminary Tree Protection plan and submitted Tree Inventory be revised to preserve trees 10070, 10072, 10255, 10387, and 10382 prior to the issuance of an infrastructure permit.

Condition of Approval: Prior to the issuance of a Tier III right of way (infrastructure) permit, the Preliminary Tree Protection plan and submitted Tree Inventory be revised to preserve trees 10070, 10072, 10255, 10387, and 10382. (Condition #5)

PLLD20211016 Sky Vista Subdivision Page 29 of 62 3.2.400 Street Trees. This section sets standards and requirements for planting trees along all streets for shading, comfort, safety and aesthetic purposes. Except for BDC 3.8.400(A), Mid -Block Development, and 3.8.400(D), Shared Courts, street trees must be planted for developments subject to BDC 3.6.200(H), Duplex and Triplex Development, 4.2.500, Site Plan Review, and BDC Chapter 4.3, Subdivisions, Partitions, Replats and Property Line Adjustments, for residential land divisions. Where sidewalks are being constructed with a development the street trees must not be planted until the sidewalks are completed. Street trees must conform to the following standards and guidelines: A. City of Bend Approved Tree List. The City has developed a list of desirable trees for planting along streets in three size classes: low, medium and tall. Choices of trees are limited to the following list. Exceptions may be granted by the Planning StreetDirector.trees must be those species suitable for the location in which they are placed. Typically, trees with a hardiness rating for zones 1 through 5 will survive in Central Oregon as long as irrigation is provided. Approved tree species include: B. Street trees shall be planted within existing and proposed planting strips, or in City-approved sidewalk tree wells on streets without planting strips. Small stature trees shall be planted no closer to the curb or sidewalk than three feet, medium trees – three feet and large trees – four feet. Root barriers may be required with street tree planting to protect the City’s curb and sidewalk. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. Small canopy trees and columnar shaped t rees shall be planted no further than 30 feet apart; medium and large canopy trees shall be planted no further than 40 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers. A random spacing of street trees may be approved for the equivalent number of trees required for the length of the frontage.

FINDING: The submitted proposal is for a land division; therefore, street trees are required. No planting locations were identified with the submitted plan set, but the applicant’s narrative states that future street tree locations will be determined during the infrastructure review process. Street tree spacing must be based upon the type of tree(s) selected and the canopy size at maturity. Small canopy trees and columnar shaped trees must be planted no further than 25 feet apart and medium and large canopy trees must be planted no further than 35 feet apart, except where planting a tree would conflict with existing trees, retaining wall s, utilities and similar physical barriers. Staff notes that only trees of a low mature tree height will be permitted along NE 27th Street, where existing overhead utilities are to remain with development. A random spacing of street trees may be approved f or the equivalent number of trees required for the length of the frontage. Street trees must be planted no closer than 35 feet from a stop sign.

Final planting locations, species and size based on site conditions and availability will be reviewed with future infrastructure and building permits and are therefore subject to change.

On-Street Parking Design Standards.

Condition of Approval: Street trees are required to be planted prior to Certificate of Occupancy of abutting lots and must be shown on the respective building permit submittals. Street trees are required along all streets , and must have a minimum caliper of two inches at the time of planting . The street trees must not be removed without a City tree remo val permit. (Condition #51)

CHAPTER 3.3, VEHICLE PARKING, LOADING, and BICYLE PARKING

A. Parallel on-street parking may be allowed within pull -out parking bays on collector or minor arterial roadways classified per the Bend Urban Area Transportation System Plan as approved by the Planning Director subject to the following limitations:

The minimum number of required off-street vehicle parking spaces (i.e., parking that is located in parking lots and garages and not in the street right-of-way) is determined based on the standards in this section.

•The posted speed of the roadway facility shall be 35 mph or less;

3.3.500

3.3.300

•The roadway has sidewalks;

•The roadway has bike lanes;

• Parking is located within residential or commercial zoning;

Condition of Approval: Street trees must be shown on the on the Tier III Right-of-Way permit (infrastructure) plan set in compliance with BDC 3.2.400.A, B and D. The street trees must not conflict with utility placement nor be located in clear vision areas. (Condition #7)

•The roadway has only a single lane for motorized vehicle travel in each direction;

PLLD20211016 Sky Vista Subdivision Page 30 of 62 Street trees are required on both existing and proposed street frontages, including NE 27 th Street. The Tier III Right of Way (Infrastructure) plan set must show the location of st reet trees, in compliance with this section. Street trees are required to be planted prior to Certificate of Occupancy of the abutting lot and must be shown on the respective building permit submittal. Staff finds that the planting of streets trees can occur in compliance with BDC 3.2.400 and the applicable standard can be met with the following conditions:

Vehicle Parking Standards for On -Site Requirements

FINDING: Each planned single family lot will be required to provide two parking spaces per dwelling unit, which will be reviewed at the time of building permit application submittal. Parking for any other permitted residential uses will be reviewed for compliance with BDC 3.3.300.

•The roadway is a one -way street with two lanes of travel; and

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•Each parking space is e ight feet by 25 feet in size;

•The bays enable street sweeper and/or snow plow vehicles to follow curbs for maintenance purposes;

•The bays and roadway facilities provide adequate drainage facilities; and

CHAPTER 3.4, PUBLIC IMPROVEMENT STANDARDS 3.4.100 Purpose and Authority.

•The bays enable vehicles to pull easily in and out of travel stream;

•Disabled accessible parking signage shall be visible when a vehicle is parked in the designated space.

•Disabled accessible parking stalls and their access aisles shall have a maximum two percent slope in all directions.

C. Compliance with Standards. All public improvements constructed as part of a development or to comply with a condition of development approva l shall comply with all applicable standards, including but not limited to any standards and specifications adopted by the City applicable to public works or public improvements. The provisions of this chapter prevail over any inconsistent standard or specification unless the applicable standard is modified or waived under BDC 3.4.150.

B. Public Improvements Needed for Development. Development shall not occur unless the public improvements serving the development comply with the public facility requirements established or incorporated by this chapter, unles s compliance is exempted by this code or unless the applicable standard is modified or waived under BDC 3.4.150.

B. When pull-out parking bays are approved, the City Engineer shall approve construction plans in conformance with the following design criteria:

•There is spacing provided between successive parking bays of 100 feet;

FINDING: The submitted Preliminary Street & Utility Plan cross section also shows a center turn lane on Beall Drive; however, conversations with the applicant indicate that on street parking may be proposed instead at the time of the Infrastructure Permit review. If proposed, on street parking must conform to BDC 3.3.500 and bays are not permitted to be in excess of 100 feet. No on-street parking is permitted on Beall Drive west of Pikes Peak Road. As conditioned below under BDC 3.4.200.F, this standard can be met.

•The AASHTO minimum stopping sight distance shall be provided along the roadway in advance of the bay for the eighty -fifth percentile travel speed of the roadway;

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•The bays only provide for two to three consecutive parking spaces;

2. Development of new streets, and additional street width or improvements planned as a portion of an existing street, shall be improved in accordance with this section, and public streets shall be dedicated to the applicable City, County or State jurisdiction.

FINDING: The planned new streets will be local streets, with the exception of Beall Drive, which will be a collector street. The planned street network, including connections to NE 27 th Street, Beall Drive, NE Desert Oaks Street, NE Pikes Peak Road, are generally consistent with the TSP. While the TSP shows the planned extension of Beall Drive at right angles as

Transportation Improvement Standards. A. Development Requirements. No development shall occur unless the developme nt has frontage or approved access to a public or private street, in conformance with the provisions of BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, and the following standards are met:

1. Streets within or adjacent to a development shall be improved in accordance with the Bend Urban Area Transportation System Plan (TSP), provisions of this chapter and other pertinent sections of this code.

Condition of Approval: The construction of public improvements shall not begin until Tier III right of way construction plans have been reviewed and approved by the City Engineer and the developer has signed a Public Facilities Improvement Agreement (PFIA), paid permit fees, and received a permit and notice to proceed. Final Plat approval will not be granted until all required public imp rovements have been completed, inspected, and accepted by the City or as permitted by separate development agreement . (Condition #8) 3.4.200

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3. All new and/or existing streets and alleys shall be paved per the City of Bend Standards and Specifications document.

FINDING: As detailed on the submitted Tentative Plan, each of the lots will have frontage on a public street. A complete review of compliance with Chapter 3.1 was included in findings above, and as detailed therein, the lot design, layout, access, and circulation all conform to the applicable requirements. Therefore, the proposal conforms to this section.

Sky Vista Subdivision Page 32 of 62 D. Conditions of Development Approval. No development shall occur unless required public facilities are in place or guaranteed. Improvements required to be constructed by the developer as a condition of development approval, when not voluntarily accepted by the applicant, shall be roughly proportional to the impact of development on public facilities and services. Findings in the development approval shall indicate how the required improvements are related to and roughly proportional to the impact. The City may deny an application if required public improvements are not in place, or the City may impose conditions of approval tying the timing of construction and/or occupancy of a proposed development to anticipated public improvements without requiring the applicant to construct the public improvements.

FINDING: As noted in findings and conditioned below, the proposed and required public improvements comply with the standards of BDC 3.4.

C. Creation of Rights-of-Way for Streets and Related Purposes. Streets shall be created through the approval and recording of a final subdivision or partition plat; except the City may approve the creation of a Public Right -of-Way by acceptance of a deed, where no plat will be recorded, and provided that the street is deemed essential for the purpose of implementing the Bend Urban Area Transportation System Plan, and the deeded right-of-way conforms to this Code. All deeds of dedication shall be in a form prescribed by the City and shall name "the public" as grantee.

Condition of Approval: Prior to final plat approval of Phase 1, where NE Rainier Drive abuts the subject property, it must be fully reconstructed to City of Bend local street standards or a 2 inch grind and inlay performed. If there is not 2 -inches or more of asphalt after the grind, the street must be reconstructed to provide the City standard minimum asphalt d epth. (Condition #16)

FINDING: Planned dedication of public rights-of-way are shown on the submitted Preliminary Plans and will be perfected through the final subdivision plat process. The s tandards can be met.

D. Creation of Vehicular Access Easements. The City may require a vehicular access easement established by deed when the easement is necessary to provide for vehicular access and circulation in conformance with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation. Access easements shall be

A Right of Way permit is required for all work in the right of way and the work must be completed by a City approved right of way contractor. Therefore, the applicable standards are met with the following condition.

The proposal includes dedication and full right of way improvements (travel lanes, curbs, sidewalks, and landscape strips) on the streets of the subdivision as shown on the submitted cross-sections of the proposed streets. The plan includes 10 feet of dedication along NE 27th Street to bring the major arterial into conformance with BDC 3.4.200. The submitted Preliminary Street & Utility Plan shows pavement in accordance with BDC 3.4.200.F and the City of Bend’s Standards and Specific ations. All streets and alleys within the site must be paved and conform to City of Bend Standards and Specifications.

Condition of Approval: Prior to final plat approval of each phase, the applicant must pave all streets and alleys within that site’s frontage to conform to City of Bend Standards and Specifications. (Condition #33)

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Sky Vista Subdivision Page 33 of 62 described above in BDC 3.1.200.E, coordination with City planning and engineering staff determined that as proposed, the extension and alignment satisfies the intent of the connectivity. The extension of Beall Drive will be 80 feet in width, consistent with requirements for a collector street.

While NE Rainier Drive is an existing street, due to installation of new utility services, the existing street must either be fully reconstructed to City of Bend local street standards or a 2 inch grind and inlay performed. If there is not 2 -inches or more of asphalt after the grind, the street must be reconstructed to provide the City minimum asphalt depth.

1. Street grades shall be designed and/or constructed as approved by the City Engineer in accordance with the design standards in Tables A through E in this section.

2. Where the location of a street is not shown in an existing street plan in conformance with subsection (I) of this section, Future Street Plan and Extension of Streets, the location of streets in a development shall either: a. Provide for the continuation and connection of existing streets in the surrounding areas, conforming to the street standards of this chapter; or b. Where it is impractical to connect with existing street patterns because of topographical constraints or where the existing built environment precludes future street connections, the applicant shall conform to a street plan approved by the Review Authority. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety.

The following tables and attached notes describe street improvement standards as follows:

E. Street Location, Width and Grade. Except as noted below, the location, width and grade of all streets shall conform to the City of Bend Standards and Specifications document, the provisions of this chapter and an approved street plan or subdivision plat. Street location, width and grade shall be determined in relation to existing and planned streets, topographic conditions, public convenience and safety, and in appropriate relation to the proposed use of the land to be served by such streets.

Sky Vista Subdivision Page 34 of 62 created and maintained in accordance with the Uniform Fire Code Section 10.207 and City of Bend Standards and Specifications.

FINDING: The proposed tentative plan includes extension of all existing streets abutting the subject property, including Beall Drive, NE Desert Oaks Street, and NE Pikes Peak Road as shown on the Preliminary Plat. NE Desert Oaks Street and “Street A” will stub into the southern boundary of the development site . The subject property is relatively flat and required grades for public streets can be met. Detailed grading plans will be submitted under the right of way permit. Future engineering and construction drawing submittals will ensure compliance with applicable City of Bend Standards and Specifications. The applicable standards are, or can be, met.

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F. Minimum Rights-of-Way and Street Sections. Street rights -of-way and improvements shall be the widths defined in Street Improvement Standards Tables A through E. Additional right-of-way may be required at intersections of local streets with major collectors or arterial streets.

FINDING: Necessary vehicular and public utility easements are shown on the submitted Preliminary Plat. Easements will be perfected through the final subdivision plat process. The standards can be met

c. 32-foot-wide street – Parking allowed both sides in UAR, RL, RS, and RM- 10 Zones.

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Improvement

1.Requirements:LocalStreets:a.24-foot-wide street – No parking allowed on either side of the street.

b. 28-foot-wide street – Parking allowed on one side.

Table A: Standards for Dedicated Public Roadways in Residenti al Zones.

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FINDING: The project includes a number of improvements on multiple street classifications. The development is centered around the extension of Beall Drive, a collector street, and three local public streets. As part of the project, NE Rainier Drive and NE 27th Street will be partially improved Five alleys (four private, one public) are proposed with the development to provide access to the lots fronting the higher classification roadways.

The originally submitted Preliminary Street & Utility Plan shows that Beall Drive will have an 80-foot right of way width and 52 feet of asphalt width to match the existing street section to the east. Two street cross sections were proposed. One street section for the proposed collector shows two travel lanes, buffer strip, bikes lanes, planter strips, curb, and property tight sidewalks with a 40 foot asphalt width, and the other shows two travel lanes, buffer strip, bikes lanes, planter strips, curb, property tight sidewalks, and parking bays within a 56 foot asphalt width. Limitations on continuous parking bays are due to maximum parking bay length (100 feet), curb extensions at intersections, and sight distance /clear vision. Subsequent plan submission suggest that a combination of reduced asphalt width and o n-street parking may be proposed within a 56 foot street section. This street cross section must meet City of Bend Standards and Specifications at the time of infrastructure review. If on-street parking is requested at the time of infrastructure permit review, curb extensions must be constructed at intersections to maintain parked vehicles outside clear vision areas and sight distance areas. The Beall Drive will also include a PUE to accommodate public utilities. All three local public streets show a right of way width of 60 feet, which meets the local street classification within the RS Zone. The 60-foot right-of-way will include 32 feet of pavement width, planter strips, curb, and property tight sidewalks. All local residential roads will include a PUE to accommodate public utilities.

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The remaining four alleys are proposed to be private and contain 20 feet of pavement width. All alleys will be required to be constructed to City of Bend alley standards. With the exception of Alley A (serving Lots 40 47), alleys must contain a 20 foot wide public access easement dedicated on the final plat to allow for pedestrian and vehicular access. Alley A is permitted to remain private, provided that 20 foot wide Private Access Easement is provided to benefit Lots 40-47 and all adjoining Lots in Oakview Phase VI subdivision. Ten feet of dedication is shown along NE 27 th Street, bringing the site into compliance with the minimum right of way width for a major arterial. New property tight sidewalks will be required with the proposed development and the existing curb -tight sidewalks must be removed. A s conditioned below, these standards can be met:

Condition of Approval: With the final plat approval of P hase 1, a 10 foot right of way dedication must be provided on 27th Street and shown on the final plat, equaling 50 feet from right of way centerline to the property line. (Condition #17)

Condition of Approval: The proposed cross sections of Beall Drive must be constructed to City of Bend Standards and specifications at the time of infrastructure review. If on street parking is requested on Beall Drive at the time of Tier III right of way (infrastructure) permit review, curb extensions must be constructed at intersections to maintain parked vehicles outside clear vision areas and sight distance areas. Any proposed on -street parking must conform to BDC 3.3.500. Parking bays are not permitted to be in excess of 100 feet and no on street parking is permitted on Beall Drive west of Pikes Peak Road . (Condition #9)

Condition of Approval: No parking will be permitted within alleys and must be signed accordingly. (Condition #34)

Condition of Approval: With the final plat a pproval of Phase 1, the 20 foot wide alley between Lots 2 and 3 must be dedicated to the City of Bend as right of way and be constructed to City of Bend alley standards (Condition #18)

The submitted cross section for NE Rainier Drive shows that the south portion of the right -ofway will be improved to include curb, landscape strip, and sidewalk, while the northern improved portion will remain as existing. The street will need to meet City of Bend Standards and Specifications as conditioned above in BDC 3.4.200.A. Unique to this development is the continuation of NE Pikes Peak Road due to the existing pattern of development to the north; however, this config uration creates double frontage lots and one triple frontage lot. To form greater block length and perimeter, NE Pikes Peak Road will terminate at the northern side of the intersection of Beall Drive. The submitted Preliminary Street & Utility Plan shows a public 20-foot wide right of way on the south side of this intersection to both accommodate an existing 20 foot wide sewer easement and also provide access to the alley proposed along the rear of Lots 1-14. This 20-foot wide right-of-way is considered an alley for the purposes of this review and right of way dedication must be provided on the final plat.

Condition of Approval: With the exception of Alley A (serving Lots 40 -47), all alleys must contain a 20 foot wide public access easement dedicated on the final plat to allow for pedestrian and vehicular access. Alley A is permitted to remain private, provided that 20 -foot

Condition of Approval: With the final plat approval of each phase , NE Pikes Peak Road, Street A and NE Desert Oak Street must be constructed to City of Bend local street standards with 32 feet of asphalt width bound by curbs on both sides. Sidewalks must be constructed on both sides of the road in conformance to current City standards. All NE Pikes Peak Road, NE Desert Oak Street and Street A improvements must be constructed within a City of Bend dedicated 60 -foot right-of-way. Additional right of way dedication will be required on NE Desert Oak St to obtain full 60 foot right of way. (Condition #37)

3. Streets shall be extended to the boundary lines of the parcel or tract to be developed, when the Review Authority determines that the extension is necessary to give street access to, or permit a satisfactory future divis ion of, adjoining land. The point where the streets temporarily end shall conform to subsections (I)(3)(a) through (c) of this section:

PLLD20211016 Sky Vista Subdivision Page 37 of 62 wide Private Access Easement is provided to benefit Lots 40 -47 and all adjoining Lots in Oakview Phase VI subdivision. (Condition #35)

Condition of Approval: With the final plat approval of each phase, Beall Drive must be constructed to City of Bend Collector st reet standards. The street must be striped with bike lanes, bike lane buffers, and travel lane lines. Final striping will be determined at time of right of way permit review. A minimum sidewalk width of 6 feet must be constructed on both sides of the road in conformance to current City standards. All Beall Drive improvements must be constructed within a City of Bend dedicated 80 foot right of way. (Condition #36)

2. When no adopted street plan exists for the site, a future street plan shall be filed by the applicant in conjunction with an application for a subdivision, in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future stre ets from the boundaries of the proposed land division and shall include other parcels within not less than 400 feet of the site boundaries, and other developed streets or public rights-of-way or natural barriers surrounding and adjacent to the proposed land division. The street plan is not binding; rather, it is intended to show potential future street extensions with future development.

I. Future Street Plan and Extension of Streets.

FINDING: Traffic controls and medians are not proposed and are neither required nor necessary; therefore, these standards do not apply.

FINDING: The submitted Preliminary Plans show the proposed location and right-of-way widths for the proposed streets. The project site is surrounded by existing road stubs to the north and east, which will be extended throughout the development. The development of NE Desert Oaks Street and “Street A” will stub into the southern boundary of the subdivision site The applicable criteria can be met.

G. Traffic Controls. H. Medians.

Condition of Approval: Prior to the approval of the final plat for each phase, a fence or other approved barrier must separate the south side of the alley serving Lots 1 14, 59 65, and 56 from 2426 NE 27 th Street (Condition #39)

Condition of Approval: No access to developmen t from the private drive aisle south of the site located on 2426 NE 27th Street will be permitted unless otherwise approved by the City of Bend. (Condition #55)

4. Construction of partial width streets shall not be permitted, except as approved by the City Engineer. A residential partial street improvement may be approved only at the outer boundaries of a subdivision where the street is required by other land use requirement and it is likely that adjacent underdeveloped property of residential zoning will complete the street construction.

c. Temporary turnarounds (e.g., hammerhead or bulb -shaped configuration) shall be constructed for stub streets over 150 feet in length.

b. A City-approved barricade shall be constructed at the end of the street by the subdivider and shall not be removed until authorized by the City or other applicable agency with jurisdiction over the street. The Review Authority may also require signs that indicate the location of a future road connection.

Sky Vista Subdivision Page 38 of 62 a. These extended streets or street stubs to adjoining properties are not considered to be cul-de-sacs, since they are intended to continue as through streets when the adjoining property is developed.

Condition of Approval: Prior to the approval of the final plat for each phase, a Type III barricade must be installed at the streets stubs of NE Desert Oak Street and Street A as determined during Tier III right of way permit review to mitigate vehicular access between the development and 2426 NE 27th Street. (Condition #38)

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FINDING: Planned streets are proposed to extend to and through the northern and eastern sections of the property; this will create connections within the subdivision and to adjacent roadways. NE Desert Oaks and “Street A” will stub into the southern boundary of the development site. A Type III barricade must be installed at the adjoining streets to mitigate vehicular access between the sites, and a fence or other approved barrier must be installed on the south side of the alley, subject to the standards of BDC 3.1.500 above. Therefore, these standards can be met with the following condition: Comments from the representatives of the church inquired about the feasibility of allowing egress and ingress from either Street A or Desert Oaks Street to the church property. While an access is feasible, no access to the private driveway south of the sit e will be permitted unless otherwise approved by the City of Bend. This would include a dedicated public access easement to the City of Bend over the existing private drive aisle, and a City standard alley approach would be required at the street stub and church property boundary.

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2. Sidewalks shall be separated from the street by a planter strip and pl aced at the property line, where practicable, or as otherwise directed by the City Engineer.

5. In order to promote efficient vehicular and pedestrian circulation throughout the City, the design of developments and alignment of new streets shall conform to the standards in BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

1. Staggering of streets making “T” intersections at collectors and arterials shall be located to conform with the spacing standards contained in the Bend Urban Area Transportation System Plan and BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

L. Sidewalks, Planter Strips, Bicycle Lanes. Sidewalks, planter strips, and bicycle lanes shall be installed in conformance with the applicable provisions of the Bend Urban Area Transportation System Plan, the General Plan, City of Bend Standards and Specifications and the following standards:

3. All streets that abut a development site shall be extended within the site to provide through circulation, unless prevented by environmental or topographical constraints, existing development patterns or compliance with other standards in this code. This exception applies only when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15 percent for a distance of 250 feet or more. In the case of environmental or to pographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the environmental or topographic constraint precludes a street connection.

FINDING: As discussed in the findings in BDC Chapter 3.1 and shown on the submitted Preliminary Plans, the proposed street alignments and connections comply with applicable City standards. The applicable standards are met.

4. Bicycle lanes must be constructed on all collector and arterial streets unless otherwise designated.

Sky Vista Subdivision Page 39 of 62 K. Street Alignment and Connections.

2. Spacing between local/local street intersections shall conform to the spacing standards contained in the City’s Standards and Specifications document and BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation. This standard applies to four-way and three-way (offset) intersections. Offset local street alignments shall be at least 125 feet distance between the centerlines of the streets.

4. Proposed streets or street extensions shall be located to provide access to existing or planned commercial services and other neighborhood facilities, such as schools, shopping areas and parks.

7. All public and private streets must have sidewalks and curbs.

FINDING: The submitted Preliminary Street Plan shows the typical cross sections for the extensions of Beall Drive, NE Pikes Peak Road, Street A, and NE Desert Oak Street, and full street improvements are discussed at length above. All sidewalks mus t be constructed to City of Bend standards, constructed property tight unless otherwise approved during right of way permit review to meander to avoid existing utilities, steep topography, and/or existing trees.

Condition of Approval: Prior to the approval of the final plat for each phase, all sidewalks fronting lots with no driveway access must be constructed to City of Bend standard, constructed property tight unless otherwise approved during right of way permit review to meander to avoid existing utilities, steep topography, and /or existing trees. Sidewalks may be bonded for if applicant proceeds with a HB 2306 process (Condition #40)

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Condition of Approval: Prior to the approval of the final plat for Phase 1, the curb tight sidewalk along the east side of 27th Street must be removed a nd installed property tight in conformance to City of Bend standards, connecting to the existing property-tight sidewalks north and south of the site. (Condition #20)

M. Intersection Angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle. In no case shall the centerline angle be less than 80 degrees.

FINDING: The proposed intersections will be a right angle or as near to right angle as feasible. Therefore, this standard is met.

Improvements on NE Rainier Drive and NE 27 th Street will bring the property into compliance with BDC 3.4.200. As discussed above, NE Rainier Drive is an improved right -of-way, but does not comply with current City of Bend Standards and Specifications. W ith installation of water, sewer and utilities to the new lots, and knowing the existing condition of the sidewalk being narrow and cracked, the existing sidewalk and curb will likely be substantially damaged and will require replacement; therefore, the existing sidewalk on the south side of NE Rainer Drive must be removed and reconstructed to City of Bend standards.

Condition of Approval: Prior to the approval of the final plat for Phase 1, the existing four foot wide sidewalk on the south side of NE Rainer Drive must be removed and reconstructed to City of Bend standards at a five -foot width. (Condition #19)

N. Existing Rights-of-Way. Whenever existing rights -of-way adjacent to or within a property are of less than standard width, additional rights -of-way shall be provided at the time of subdivision or site development, in conformance with Tables A through E in this section.

NE 27th Street is currently improved with curb tight sidewalk. Given the high volume of traffic and speed on an arterial roadway, the curb -tight sidewalk along the east side of 27th Street must be removed and installed property tight in conformance to City of Bend standards, connecting to the existing property tight sidewalks north and south of the site. Any sidewalks that are constructed or de signed outside the right of way will be required to have a public access easement recorded over the encroachment. These requirements can be met with the following conditions of approval:

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3. Existing conditions may warrant additional design criteria. All streets and intersection designs shall be subject to the approval of the City Engineer.

FINDING: Ten feet of dedication is shown along NE 27th Street, bringing the site into compliance with the minimum right of way width for a major arterial, as conditioned above. This standard will be met.

FINDING: No cul de sac is proposed. This standard does not apply.

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4. Lesser grades may be required at intersections as per City specifications. Grades in excess of 10 percent are s ubject to Fire Department approval.

Q. Curbs, Curb Cuts, Ramps, and Driveway Approaches. Concrete curbs, curb cuts, curb ramps, bicycle ramps and driveway approaches shall be constructed in accordance with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, City of Bend Standards and Specifications and the following standar ds:

FINDING: As shown on the submitted Tentative Plan and detailed in the applicant’s narrative , curbs, curb cuts and ADA ramps within the proposed subdivision are planned to be constructed consistent with City of Bend Standards and Specifications are proposed to be

P. Grades and Curves. Gra des shall not exceed those shown in Tables A through E in this section, unless approved through a waiver in accordance with BDC 3.4.150.

O. Cul-de-Sacs. A cul-de-sac street shall only be used when the applicant demonstrates that environmental or topographical constraints, existing development patterns, or compliance with other standards in this code precludes street extension and through circulation.

1. Curb exposure shall be per City Standards and Specifications.

FINDING: The associated existing and new street grades will comply with City standards and according to the applicant’s narrative, no grade exceptions are anticipated . The subject site has minimal topography variance. Fu ture engineering and construction drawings submitted as required with the infrastructure permit review will demonstrate compliance with all grade and curve criteria. The applicable standards can be met.

1. All cul-de-sacs shall terminate with a circular turnaround. Circular turnarounds shall have a curb radius of no less than 45 feet. Turnarounds may be larger when they contain a landscaped island or parking bay in their center. When an island or parking bay is provided, there shall be a fire apparatus lane of 20 feet in width.

1. Centerline curve radii and vertical curves shall conform to the American Association of State Highway and Transportation Officials (AASHTO) design criteria.

2. At the intersections of arterial and/or collector streets, the approach grade shall average no more than +/- four percent for 250 feet from the edge of the intersecting roadway at full improvement. Local streets intersecting arterials or collectors shall provide a minimum of 50 feet of approach grade at no more than an average of +/- four percent.

Condition of Approval: Prior to the final plat approval of each phase , driveway approaches must be shown on the Tier 3 right of way permit (Infrastructure) but are not required to be constructed until platted lot developmen t. (Condition #43)

Condition of Approval: Prior to the final plat approval for each phase , the applicant must install a driveway approach at all alley access points per City of Bend Standards and Specifications. Water meter boxes, valves and manholes are not permitted in hardscape. A Right of Way permit is required for all work in the right of way and the work must be completed by a City approved right -of-way contractor. (Condition #42)

FINDING: The development site abuts NE 27th Street, a major arterial as identified on the Transportation System Plan (TSP). As shown on the submitted Preliminary Plat and discussed above in BDC 3.1, the development plans to extend Beall Drive, a designated Collector, to NE 27th Street as required with the TSP. The proposed development is found to be consistent with the standards required in BDC 3.1, or can be conditioned to meet these standards.

PLLD20211016 Sky Vista Subdivision Page 42 of 62 provided along all streets and further reviewed in association with the Tier III right -of-way (infrastructure) permit review process. Specific requirements regarding ADA ramps on the west side of NE 27th Street are discussed in further detail below under BDC 4.7. According to the applicant’s narrative, the location for all d riveway approaches will be reviewed under individual building permits. Driveway approaches must be shown on the Tier 3 right of way permit (Infrastructure) but are not required to be constructed until platted lot development. The standard can be met with the following conditions:

S. Development Adjoining Arterial Streets. Where a development adjoins or is crossed by an existing or proposed arterial street, the development design shall provide access to/from the arterial consistent with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, and City of Bend Standards and Specifications.

Condition of Approval: Prior to the approval of the final plat for Phase 2, the applicant must submit a road name for approval for “Street A”. (Condition # 26)

V. Street Names. All street names shall be approved by Review Authority. No street name shall be used that will duplicate or be confused with the names of existing streets in Deschutes County, except for extensions of existing streets. Street names, signs and numbers shall conform to the established pattern in the surrounding area, except as requested by em ergency service providers and shall comply with City of Bend Standards and Specifications.

Condition of Approval: Prior to the approval of the f inal plat for each phase, the applicant must install two -directional ADA curb ramps at the corners of an intersection per City of Bend Standards and Specifications and PROWAG guidelines. A Right of Way permit is required for all work in the right-of-way and the work must be completed by a City approved right -of-way contractor. (Condition #41)

FINDING: Beall Drive, NE Pikes Peak Road, and NE Desert Oak Street are existing named streets that will be extended through the subdivision. The road name for “Street A” must be approved by the Addressing Coordinator and the Planning Division prior to final plat approval.

1. The subject property is located within a service area identified on the Neighborhood Parks Plan Map adopted by the Bend Metro Park and Recreation District as needing neighborhood parks.

Condition of Approval: Prior to the approval of the final plat for each phase, a luminaire (street light) must be installed at every intersection with Beall Drive and 27th Street per the City of Bend Standards and Specifications to illuminate pedestrian crossings. (Condition #44)

FINDING: City of Bend Standards and Specifications require street lights at the intersection of a local residential street and a collector or arterial street . No street lighting was included on the submitted Preliminary Street and Utility Plan. A luminaire must be installed at every intersection with Beall Drive and 27th Street. This will be a condition of approval.

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Sky Vista Subdivision Page 43 of 62 Y. Street Light Standards. Street lights shall be installed in accordance with City of Bend Standards and Specifications.

A. Neighborhood Parks. The following standards will be used to evaluate a proposed subdivision to determine if the property includes an area that is suitable for a neighborhood park. Upon meeting these standards, the developer shall enter into negotiations with the Bend Metro Park and Recreation District regarding district purchase of land within the property propose d for subdivision for development of a neighborhood park.

2. The property proposed for subdivision is 10 acres or larger in area.

3. The Bend Metro Park and Recreation District has indicated that the subject property contains a sufficient area that is suitable for neighborhood park development based on the Bend Metro P ark and Recreation District Neighborhood Park Classification and Development Standards.

1. Where a proposed park, playground or other public use shown in a plan adopted by the Bend Metro Parks and Recreation District is locate d in whole or in part in a proposed subdivision, the City may require the dedication or reservation of this area on the final plat for the subdivision.

RESPONSE: This section allows (but does not require) the City to condition a reservation or dedication of public use area on a plat. Providing an allowance rather than a requirement affords the City a process to assess the ability/desire of the Bend Parks and Recreation District (BPRD) and the developer to come to an agreement regarding a park purchase; howe ver, per the letter from BPRD submitted as part of this application, there is not a need for additional park land in this area and there are no public trail needs associated with the property.

3.4.300, Public Use Areas

B. Dedication Requirements.

Public open space and parks contribute to the livability of a growing community. They provide space for outdoor recreation and habitat for urban wildlife. These urban spaces are maintained and managed by the Bend Metro Park and Recreation District (BMPRD). Future public use areas are evaluated through the City’s land use application process.

FINDING: Public utility (sewer and water) improvements are with the proposed 65 lot subdivision. All proposed water and sewer improvements are conceptual at this time and were reviewed under the Utility Availability Memo in the project file (PRSWA202106071) and are discussed below. Improvements must conform to the City of Bend Standards and Specifications and will be reviewed by the City of Bend Private Development Eng ineering Department via a Right-of-Way (ROW) permit. Work in the ROW must be completed by a Cityapproved ROW contractor.

3.4.400 Sanitary Sewer and Water Service Improvements.

There is no record of the existing house being connected to sewer, lending the City to believe that this house is on a septic tank. Unless it can be shown that the house is on City sewer, the septic tank must be removed under a Deschutes County Health Department permit . The septic

A. Sewers and Water Mains Required. Sanitary sewers and water mains shall be installed to serve each new development and to connect developments to existing mains in accordance with the City’s construction specifications as described in the City of Bend Standards and Specifications document and the applicable General Plan policies.

Sewer: As shown on the submitted Existing Conditions Plan, an existing sewer main transects the site within the NE Pikes Peak Road right of way and continues via a 20 foot sewer easement beyond the subject property to serve 2426 NE 27th (currently developed with church and school). A sewer main is also located within the NE Rainier Drive right of way.

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B. Sewer and Water Plan Approval. Construction of sewer and water improvements shall not commence until the City Engineer has approved all sanitary sewer and water plans in conformance with City of Bend Standards and Specifications.

The submitted Preliminary Street Plan details proposed sewer improvements for the propose subdivision. Lots 29-39 will be served by the existing sewer main in the NE Rainier Drive rightof way. Lots 26 27 will be served by the existing sewer main from the future NE Pikes Peak right-of-way. This sewer main will extend through the NE Beall Drive right -of-way from the existing main located within the 20 foot wide sewer easement. Beginning at the planned intersection of NE Pikes Peak Road and Beall Drive, the main will extend west approximately 65 feet to serve Lots 1 and 2, and east approximately 1,000 feet to the intersection of Street A, through which it will extend approximately 300 feet before terminating at the property boundary of 2426 NE 27th. Lots 3-25 and 40-65 will be served by this m ain extension. Staff notes that the service proposed to Lot 48 appears to be via Lot 50. Sewer services are not permitted to cross property lines unless no other option is available. It will be required that the new proposed sewer main is extended to and through the subdivision to provide sewer service, in compliance with City standards, to Lot 48 from the abutting Beall Drive right of way. An 8 inch sewer main must be installed within Beall Drive and Street A to serve the lots which front these streets, with the exception of Lot 26 which can be serviced from NE Pikes Peak Road . Additionally, all sewer mains must be installed within the right of way unless otherwise approved by the City Engineer. Where the sewer main deviates outside the right of way, a minimum 20 foot City of Bend sewer easement must be recorded over the sewer main centered over the pipe. As is standard, one sewer service must be installed to serve each new parcel in conformance with City of Bend Standards and Specifications.

The existing sewer easement running north south within the future extension of NE Pikes Peak Road right of way, Beall Drive, and the public alley may remain or be removed since the se wer main will be fully located within right -of-way after the development is platted.

PLLD20211016 Sky Vista Subdivision Page 45 of 62 tank and/or drain field must be fully removed from the ground when determined to encroach within the proposed right of way. Final decommissioning approval from Deschutes County (via tank abandonment inspection) and must be provided to the City of Bend prior to plat recording. This will be a condition of approval.

Water: Existing water mains are currently located within the NE Rainier Drive right of way, NE Pikes Peak Road right of way, NE Desert Oaks right of way, and the Beall Drive right of way.

A water main currently extends east from the NE Pikes Peak right -of-way through a 20-foot wide City of Bend waterline easement as shown on the Eaglenest Phase II subdivision 1, terminating in the right-of-way along NE 27th Street. The subject property borders the Avion Water District to the east, and an existing Avion water main is located within a 10 foot wide easement along the eastern border of the subject property as shown on the submitted Preliminary Plat. No structures (anything with a foundation walls, houses, monument signs, etc.) will be permitted within any easement. The submitted Preliminary Street Plan also details proposed water improvements for the proposed subdivision. The development shows the extension of the exi sting water main in the NE 27th Street right of way (located north of the property) and will connect it to an existing water main located within the 27 th Street right-of-way (just south of the property). As proposed, the water main will extend from the main in NE 27th Street through Beall Drive to connect to the existing water main at the subject property’s eastern boundary (serving Lots 1 -25 and 40-47, and 59 65). Water mains will also be extended from the Beall Drive right of way to connect to the existing mains in NE Pikes Peak Road (serving Lots 26 28) and NE Desert Oaks Street. A main will also be required to extend to and through NE Desert Oaks Street. A new main will also extend for the length of Street A, terminating at the property boundary of 2426 NE 27th (serving Lots 49-58). Lots 29-39 will connect to the existing water main in NE Rainier Drive. Lot 48 currently abuts a water main located in the Beall Drive right of way beyond the extent of the new proposed water main, from which it is permitted t o take service. Staff notes that it appears that two water services are proposed to Lot 49 from both the main extension in Street A and in Beall Drive; as conditioned below, o nly one water service must be installed to serve each new parcel in conformance with City of Bend Standards and Specifications. A 16-inch water main must be installed within 27th Street to loop the water main from the church private drive to the current dead end hydrant at the northwest corner of the site. No water services will be permitted from the 16 -inch main: all service connections must be made from an 8 inch water main. All mains must be constructed in conformance with City of Bend Standards and Specifications. The above standards can be met with the following conditions: Condition of Approval: Public utility improvements must conform to the City of Bend Standards and Specifications and will be reviewed by the City of Bend Private Development Engineering Department via a Right of Way (ROW) permit. Work in the ROW must be completed by a City-approved ROW contractor. (Condition #10) 1 Eaglenest Phase II Subdivision: http://dial.deschutes.org/API/Real/GetSubdivision?year=1998&itemId=19351

Condition of Approval: Prior to the final plat approval for each phase, a ll sewer mains must be installed within the right of way unless otherwise approved by the City Engineer. Where the sewer main deviates outside the right of way, a minimum 20 foot City of Bend sewer easement must be recorded over the sewer main centered over the pipe. (Condition #46)

Condition of Approval: Prior to final plat approval of each phase, all water and sewer mains must be constructed in conformance with City of Bend Standards and Specifications within the frontage road in the phase. Water mains must be looped when able to avoid dead end mains , and be constructed to and through the streets in the development . No water services will be permitted from the 16 inch main: all service connections must be made from an 8 inch water main. A Right-of-Way permit is required for all work in the right-of-way and the w ork must be completed by a City approved right of way contractor. (Condition #48)

Condition of Approval: Prior to the final plat approval for each phase, an 8 inch sewer main must be installed within Beall Drive and “Street A” to serve all lots which front these streets, with the exception of Lot 26, which can take sewer service from NW Pikes Peak Road. (Condition #45)

Condition of Approval: Prior to the final plat approval of Phase 1, unless it can be shown that the house is on City sewer, the septic tank must be removed under a Deschutes County Health Department permit. The septic tank and/or drain field must be fully removed from the ground when determined to encroach within the propo sed right of way. Final decommissioning approval from Deschutes County must be provided to the City of Bend. (Condition #21)

A. Storm Drainage Improvements Required. Storm drainage facilities shall be depicted on City-approved engineered construction drawings a nd installed to serve each new development in accordance with applicable City construction

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Condition of Approval: No structures (anything with a foundation - walls, houses, monument signs, etc.) will be permitted within any easement. (Condition #56)

Condition of Approval: Prior to final plat approval of Phase 1, a 16 inch water main must be installed within the 27th Street righ t of way to connect to the existing water main at the NW and SW corners of the property frontage. The location of the main will be determined at time of right-of-way permit review. (Condition #22)

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Condition of Approval: Prior to final plat approval of Phase 2, the proposed sewer main must extend to Lot 48 to adequately provide a City standard sewer service to Lot 48 from the abutting Beall Drive right of way. (Condition #27)

Condition of Approval: Prior to the issuance of a Tier III right of way (infrastructure) permit, the submitted plans must be revised to show only one water service for Lot 49. (Condition #11)

Condition of Approval: Prior to the final plat approval for each phase, one sewer service and one water service must be installed to serve each new parcel in conformance with City of Bend Standards and Specifications A Right of Way permit is required for all work in the right of way and the work must be completed by a City approved right of way contractor. (Condition #47)

3.4.500 Storm Drainage Improvements.

Condition of approval: Prior to the issuance of a Tier III righ t of way (infrastructure) permit, the storm facility within the 20 foot sewer easement (adjacent to Lot 3) must be re designed and an alternate storm mitigation determined. (Condition #13)

D. Easements for Existing Watercourses. Where an existing watercourse traverses a development, such as a natural watercourse, drainage way, channel or stream, or any other existing drainage facility including but not limited to irrigation canals, laterals and associated ditches, there shall be provided and recorded an

FINDING: This section pertains to storm drainage for public improvements (roadways) only.

Onsite surface water drainage from individual lots is addressed under BDC 2.1.1100 above.

B. Accommodation of Upstream Drainage. Drainage facilities shall be designed and constructed to accommodate increased runoff so that discharge rates existing before the proposed development shall not be increased, and accelerated channel erosion will not occur as a result of th e proposed land disturbance or development activity. Such facilities shall be subject to review and approval by the City Engineer.

Grading/clearing and drainage plan approval is required in con junction with public facilities improvement plans; such plans must include design assumptions, calculations, erosion control plan, and proposed temporary and permanent slope stabilization measures as outlined in the Title XVI - Grading Excavation and Stormwater Management and Central Oregon’s Storm Water Manual (COSM).

C. Effect on Downstream Drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the City shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for management of additional runoff caused by the development in accordance with City of Bend Standards and Specifications. Drainage shall not be directed to an existing watercourse, channel, stream or canal. Storm drainage facilities shall comply with applicable State and Federal regulatory requirements.

Condition of approval: Prior to the issuance of an infrastructure permit, the applicant must submit a Final Drainage Report and Grading/Clearing/Erosion Control Plan for review by the Private Development Engineering Division (PDED) which complies with Bend Code Title 16, Grading, Excavation, and Stormwater Management and the Central Oregon Stormwater Manual (COSM). (Condition #12)

As shown on the submitted Preliminary Grading and Drainage plan, a total of 10 stormwater basins are proposed to serve the right-of-way. Storm drains are proposed along Beall Drive and portions of NE Pikes Peak Road, NE Desert Oaks Street, Street A, and the 20 foot wide alley between Lots 2 and 3. The pro ximity of the storm drain facility to the existing sewer main easement does not comply with Standards and Specifications and will need to be relocated with the infrastructure permit submittal.

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Sky Vista Subdivision Page 47 of 62 specifications as described in the City of Bend Standards and Specifications and BC Title 16, Grading, Excavation, and Stormwater Management.

FINDING: No existing watercourse traverses the subject property. This standard does not apply.

PLLD20211016 Sky Vista Subdivision Page 48 of 62 easement conforming substantially with the lines of such existing watercourses and such further width as will be adequate for conveyance and maintenance, as determined by the City Engineer.

3. All underground utilities, including sanitary sewers and sto rm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets. 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.

FINDING: The proposed drainage facilities for the roadways will be fully contained within the dedicated right of way, except as outlined above in BDC 2.1.11100.A The private drainage facilities have been conditioned to be contained within Private Stormwater Easements and Cross Drainage Easements and shown on the final plat for each phase. These private storm systems will not be permitted within City of Bend right -of-way or within City or public utility easements This standard can be met as conditioned previously.

Utilities.

A. Underground Utilities. All utility line s including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities, shall be placed underground, except for surface -mounted transformers; surface-mounted connection boxes and meter cab inets; temporary utility service facilities during construction; and high capacity electric lines operating at 50,000 volts or above, which may be placed above ground.

1. The developer shall make all necessary arrangements with the serving utility to provide the underground services. All above -ground equipment shall not obstruct clear vision areas and safe intersection sight distance for vehi cular traffic in conformance with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation.

The following additional standards apply to all development, in order to facilitate underground placement of utilities:

2. The City reserves the right to approve the location of all surface -mounted facilities.

B. Easements. Easements shall be provided and recorded for all underground utility facilities where required by the City.

E. Easements for Developed Drainage Facilities. Where new drainage facilities are provided that include elements located outside the dedicated public right -of-way, such facilities shall be located within an area provided for in a recorded easement. The easement shall be adequate for conveyance and maintenance as determined by the City Engineer.

3.4.600

B. Provision. The developer or applicant shall make arrangements with the City , the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development.

As discussed previously, the existing sewer easement may remain or be removed as the sewer main will be fully located within right -of-way once the development is platted. This standard can be met with the following condit ion: Condition of Approval: All existing, proposed and required easements must be shown on the final plat for each phase, associated infrastructure permit(s), and subsequent building permits . (Condition #2)

C. Standard Width. The City’s standard width for exclusive public main line utility easements shall be 20 feet, unless otherwise specified by the utility company, applicable district, or City Engineer.

FINDING: All new City utilities will be placed underground within the public right of way.

A. Plan Approval and Permit. Public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting, parks, or other requirements, shall not be undertaken except after the plans have been approved by the City and the developer has signed a Public Facilities Infrastructure Agreement (PFIA), paid permit fees, and received a permit. The amount of the permit fee shall be set by City Council with the annual adoption of a fees resolution.

Easements.

FINDING: All new utilities, including telephone, television cable, natural gas and power, shall be installed underground prior to surfacing the streets and alley and installing sidewalks. The existing overhead power line along the property frontage will remain. The placement of underground utilities will be coordinated with each utility, and shown on the Infrastructure plans for the subdivision that will be reviewed and approved by the City of Bend Private Development Engineering Division. As conditioned above in BDC 3.1.200.7, this standard will be met.

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3.4.700

3.4.800 Construction Plan Approval and Assurances.

A. Requirement. Easements for sewer facilities, sto rm drainage, water facilities, street facilities, electric lines or other public/private utilities shall be dedicated on a final plat, or provided for in the deed restrictions.

Existing Slope and Avion Water Easements must be shown on the final plat, in addition to proposed and required easements. Based on the submitted Preliminary Street and Utility Plan, eight foot wide Public Utility Easements (PUEs) are proposed along all pr oposed new streets. Additionally, Private Alley Access and Drainage easements are shown over all private alleys. As conditioned previously, each private alley must also contain a Cross Drainage Easement, and Private Stormwater Easement , and Public Access Easement. Additionally, a temporary emergency access turnaround may be required if the alley south of Lot 56 cannot accommodate a turnaround for emergency vehicles. All existing and proposed easements must also be shown on associated infrastructure permit(s ) and subsequent building permits.

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c. There is a significant natural feature on the site that will continue to exist after the site is developed, and that prevents the lot from being oriented for solar access.

2. Solar Lot Requirements. In RS and RM Zones, at least 70 percent of the lots in a subdivision shall have a minimum north -south lot dimension of 80 feet or more.

FINDING: As conditioned above in BDC 3.4.100, this standard will be met.

a. Compliance with applicable street standards or public street plans requires a street configuration that prevents the lot from being oriented for solar access.

3.8.400 Infill Development

3.4.900 Installation. A. Conformance Required. Improvements installed by the developer, either as a requirement of these regulations or at his/her own option, shall conform to the requirements of this chapter, approved construction plans, and to im provement standards and specifications adopted by the City, referenced within the City of Bend Standards and Specifications.

B. Solar Lot Standards.

3. Exceptions to the Solar Lot Requirements. A proposed su bdivision shall qualify for an exception to subsection (B)(2) of this section if one or more of the following development constraints are present:

b. An existing public easement or right-of-way prevents the lot from being oriented for solar access.

CHAPTER 3.5, OTHER DESIGN STANDARDS 3.5.400 Solar Setbacks.

B. Commencement. Work shall not begin until the City has reviewed and approved the construction plans and notified the contractor of the approval.

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FINDING: The preliminary plans show that 51 lots of the proposed 65 lots are oriented north south with a lot dimension of 80 feet or more, or 78 percent of the total lots. This i s greater than the required 70 percent required; therefore, this standard is met.

Sky Vista Subdivision Page 50 of 62 B. Performance Guarantee. The City m ay require the developer or subdivider to provide bonding or other performance guarantees to ensure completion of required public improvements in accordance with the provisions of BDC 4.2.500, Bonding and Assurances for All Developments, and 4.3.400, Final Plat.

1. Applicability. Solar lot standards apply to the creation of lots within subdivisions in RS and RM Zones.

PLLD20211016 Sky Vista Subdivision Page 51 of 62 B. Flag Lots.

3. Development Standards. Flag lots must comply with the following standards: a. The minimum lot frontage and pole for a flag lot must be 15 feet.

d. No fence, structure or other obstacle may be placed within the shared lane alignment.

b. When a shared lane serves two or more properties, the shared lane width must be a minimum of 20 feet. The shared lane must have a reciprocal access and maintenance easement recorded for all lots or parcels.

e. Residential lots created as flag lots are subject to floor area ratio (FAR) in conformance with BDC 2.1.400. For calculating FAR the flag pole area of the lot is not counted.

4.3.300(E) continued…

4. All required public facilities have adequate capacity, as determined by the City, to serve the proposed subdivision, partition or replat.

2. Eligibility for Flag Lots. Flag lots may be cre ated only when mid-block lanes cannot be extended to serve future redevelopment. Flag lot development is not permitted on collector or arterial streets.

1. Applicability. Flag lots are permitted in the residential plan designations.

f. Lot width and depth is measured at the midpoint of opposite lot lines of the flag portion of the lot. For the purposes of flag lots, lot width and depth may be measured in either direction. g. The lot lines in the flag portion are either side or rear lot lines.

FINDING: As shown on the submitted Preliminary Plat , one flag lot is proposed with the subdivision. Lot 50 will have a frontage of 20 feet along Street A. Lot 50 is also proposed to provide access to Lot 48, which fronts only Beall Drive, a collector street. As conditioned above under BDC 3.1.200.G, a minimum 20 foot wide shared access easement will need to be recorded with the plat servicing Lots 50 and 48. Development of the flag lot will be reviewed for compliance at the time of building permit submittal.

FINDING: The submitted Transportation Impact Analysis (TIA), Transportation Analysis Memo (PRTFR202107042), the Utility Availability Memo (PRSWA202106071), and private utility will serve letters show that required public facilities have adequate capacity to serve the planned subdivision as conditioned in this decision. The criterion is met.

c. There must be no more than two abutting flag poles.

5. The proposal contributes to the orderly development of the Bend area transportation network of roads, bikeways, and pedestrian facilities, and allows for continuation and expansion of existing public access easements within or adjacent to the subdivision, partition or replat.

FINDING: The planned street connections and public access corridors provide an efficient, orderly multimodal transportation network. Access to individual subdivision lots is planned to be provided via an extension of an internal Collector street, Beall Drive , with a connection to NE 27th Street. NE Desert Oaks Street and NE Pikes Peak Road will further connect existing local street sections to extend the development pattern at the northern portion of the site. Street A and Desert Oaks Street are also stubbed at the southern extent of the development site as described above in BDC 3.1.200, to accommodate any potential redevelopment of the abutting site. This design provides for an orderly and efficient street layout. The extension of Beall Drive will contain bike lanes, which will enhance the connectivity to Hawkeye Drive to the east, which is a planned Neighborhood Greenway according to the City of Bend’s Transportation System Plan. Furthermore, multimodal connectivity will be provided throughout the neighborhood with planned sidewalks constructed along internal local streets and along NE Desert Oaks Street, NE Pikes Peak Road, and NE Rainier Drive. The applicable criteria are met.

Sky Vista Subdivision Page 52 of 62

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The subject property is not located within or near a flood plain and no other natural hazard concerns have been identified. Four existing fire hydrants in the vicinity were identified to be 400 feet from all proposed lots ; however, four new hydrants are proposed with the development as shown on the submitted P reliminary Street and Utility Plan. The Fire Department provided comments with the review of the subdivision that are included in the Agency Comment letter in the project file for PLLD202110 16. The Fire Department will also further review the infrastructure plans through the construction plan review and approval process for conformance with Fire Code requirements, to ensure adequate fire flow, coverage, hydrant locations and access. As conditioned above, a temporary emergency access easement must be provide d if the alley south of Lot 56 proves to be unable to accommodate a turnaround emergency access vehicle. Therefore, the criteria can be met.

9. The proposal is in substantial conformance with any applicable approved master development plan, master facilities plan, refinement plan and/or special area plan.

FINDING: There is no master plan, refinement plan, or special area plan for this site. Therefore, this criterion does not apply.

6. Each lot, parcel, or designated unit of land is suited for its intended use.

FINDING: The subject property is zoned RS and is intended for residential use. The applicable RS development and dimensional standards are addressed in the findings in BDC Chapter 2.1, above. The applicable criteria are met.

7. That the placement of utilities is in accordance with the adopted city standards.

FINDING: Sewer and water service will be reviewed for conformance with City Standards and Specifications through the infrastructure plan review process. All new utilities will be placed underground. This criterion can be met.

8. The proposal meets the requirements of the Fire Code, adopted flood protection standards, and other adopted standards intended to protect against natural

FINDING:hazards.

A. Transportation System Assessment. This assessment of the transportation system will be used as the basis for requiring mitigation and imposing conditions of approval. Review measures for the transportation system include an evaluation of the existing and proposed transportation system.

B. Operations Standards. The intersection analyses provided in the Transportation Impact Study will be evaluated for safety deficiencies, queuing deficiencies, compliance with the Transportation Planning Rule, and the Bend Urban Area Transportation System Plan, any applicable Development Agreements, and regional transportation system plans. Intersections under the jurisdiction of the

• Number of trips by all modes associated with the proposal;

• Operations analyses results;

4.4.700 Approval Criteria.

11. The proposal complies with BDC Chapter 4.7, Transportation Analysis.

Prior to land use approval, the City must review the applicant’s transportation analysis to determine whether or not the proposal will create excessive demand on the public facilities and se rvices required to serve the proposed development. The City will assess the impacts of new development on the transportation system. The key factors used to assess the impacts to the transportation system include, but are not necessarily limited to:

CHAPTER 4.7, TRANSPORTATION ANALYSIS

• Location of the project;

The City Engineer will determine if the development or study area has adequate transportation facilities to support the proposed development base d on compliance with the operations standards. The City shall also evaluate the crash histories and crash rates provided to identify any queuing issues. Crash rates greater than 1.0 per million entering vehicles and inadequate queue storage may need to be mitigated.

FINDING: As stated in previous findings, the proposed development complies with the standards of the RS zone which implement the Comprehensive Plan designation of the subject property which is also RS.

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Sky Vista Subdivision Page 53 of 62 10. The proposal complies with the standards of the zoning district in whi ch the project is located and the standards of the zoning district that implements the Comprehensive Plan designation of the subject property.

• Safety issues, location of the driveways (evaluated for conflict point s and location criteria established in BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation).

• Turning movement demand by vehicles of various types;

Mitigation shall ensure that the transportation facilities are providing adequate capacity and safety concurrent with the development of the property.

Condition of Approval: Prior to final plat approval of Phase 1, accessible curb ramps must be installed on the west side of 27th Street to align with the ramps at Beall Drive. No refuge island in 27th Street will be required because of the queuing into the church driveway. (Condition #23)

While an enhanced pedestrian crossing was determined to not be necessary, accessible curb ramps are required to be installed on the west side of 27th Street to align with the ramps at Beall Drive. No refuge island in 27th Street will be required because of th e queuing into the church driveway. All other mitigations as outlined in the TAM are included in this decision as conditions of approval.

As outlined in the TAM, the City of Bend would typically require an enhanced pedestrian crossing across 27th Street given the proximity of the school; however, the location of Beall Drive and the access of the existing church driveway to the south preclude safe installation at this time. Once the church driveway is closed (due to redevelopment or otherwise), a pedestrian crossing will likely be installed at the south side of the NE 27 th Street and Beall Drive intersection to provide separation from the school crossings to the north and separation from left turn movements from NE 27th Street onto Beall Drive.

4.1.1310 Expiration of Approval B. Duration of Approvals.

Sky Vista Subdivision Page 54 of 62 Oregon Department of Transportation shall also be evaluated for compliance with the Oregon Highway Plan. Intersections that do not comply with the criteria listed in those documents, as well as those criteria listed below, may be required to be mitigated.

FINDING: A Transportation Facilities Report and Transportation Impact Analysis (TIA) was submitted with the application as required by Chapter 4.7 of the Code. The City of Bend Private Development Engineering Division (PDED) issued a Traffic Analysis Memo (TAM, PRTFR202107042) which summarized their review of the proposed project. The mitigation measures identified in the memo are included as conditions of approval in this decision.

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In this location, NE 27th Street contains 80 feet of right of way and is improved with 44 feet of asphalt width (including two travel lanes and a turn lane), bike lane, curb, and sidewalk along the property frontage. The TIA identifies that the project warrants both a left and rig ht turn lane along NE 27th Street: the left lane exists, the right lane does not. Both the TIA and the TAM do not recommend or permit right turn lanes because of visual impacts the right -turn lane causes for other motorists approaching the intersection, es pecially given the close proximity of the school and potential for pedestrian conflict.

The proposed development is anticipated to exceed 700 Average Daily Trips (ADT) with an anticipated increase of over 50 weekday PM Peak Hour trips at two intersections: NE 27 th Street/Beall Drive and NE Pikes Peak Road and NE Rainier Drive. Based on the Traffic Impact Analysis (TIA) that was submitted to the City, it was identified that all intersections can be controlled by stop signs, and limited improvements are needed at the intersection of NE 27th and Beall Drive.

3. The final plats for any subsequent phase shall be filed within three years of the approved date for the tentative plan, unless a longer period of time is allowed through the tentative plan approval process. In no case shall the final plat be record ed more than five years from the date of the tentative approval.

DECISION: Based on the submitted plans and application materials, and the findings in this decision, the applicable BDC approval criteria for a Land Division application are met, and PLLD20211016 for the Sky Vista residential subdivision is approved subject to the conditions of approval listed below. Where specific improvements are proposed and approved as submitted, the construction of those improvements may not be listed as a specific condition of approval. Any substantial alteration of the approved plans, other th an revisions required to comply with the conditions of approval, may require a new application.

4.3.400 Final Plat A. Filing Time Period Requirements. Except as provided for in this chapter, the applicant shall prepare and submit to the City a final plat that is substantially in conformance with the approved tentative plan. Final plats shall be processed as Type I applications in accordance with BDC 4.1.300.

4. If the applicant fails to file a final plat within the specified timelines, the tentative plan for those phases shall become null and void.

2. If a tentative plan is approved for phased development, the final plat for the first phase shall be filed within two years of the approval date of the tentative plan.

CONDITIONS OF APPROVAL:

1. The final plat for the first phase of this tentative plan must be filed with the City within two years of the approval date of this decision. The final plat for the final phase of the subdivision must be filed with the City within five years of the approva l date of this decision. Changes in the order of phasing may require additional public

FINDING: The final plat for the first phase of this tentative plan must be filed with the City within two years of the approval date of this decision. The final plat for the final phase of the subdivision must be filed with the City within five years of the approval date of this decision. Changes in the order of phasing may require additional public improvements to be constructed outside of phase boundaries as needed to serve the lots in that phase.

PLLD20211016 Sky Vista Subdivision Page 55 of 62 1. Except as otherwise provided under this code, a development approval is void two years after the date the decision becomes final if the use approved in the permit is not initiated within that time period.

3. Prior to the issuance of the Tier III right of way (infrastructure) permit associated with Phase 2, the applicant must determine how to meet the fire turn around requirements under the Oregon Fire Code, with Street A dead ending in over 150 feet from Beall Drive. The Fire Department may allow for the alley to be used for access/turnaround, and if so design must be provided by a registered engineer showing adequate maneuverability. If the alley is deemed unusable for a turnaround, a hammerhead or other approvable turnaround option, complying with the Oregon Fire Code, must be designed and constructed. If the turnaround does not fit within the right of way, a temporary emergency access easement must be recorded by separate document prepared and recorded by the City, prior to final plat.

7. Street trees must be shown on the on the Tier III Right -of-Way permit (infrastructure) plan set in compliance with BDC 3.2.400.A, B and D. The street trees must not conflict with utility placement nor be located in clear vision areas.

2. All existing, proposed and required easements must be shown on the final plat for each phase, associated infrastructure permit(s), and subsequent building permits. Prior to Infrastructure Permit Issuance:

4. Clear vision and sight distance must be included on Tier III right of way (Infrastructure) plans and building permit applications. All landscaping and site improvements must comply with the clear vision requirements of BDC 3 .1.500 and City of Bend Standards and Specifications and Drawing R 2. There must be no fence, wall, parking, new landscaping, structure, or any other obstructions to vision other than a street sign post, pole or existing tree trunk (clear of branches or fo liage) within the clear vision areas on the subject property between the height of 2 feet and 8 feet. Driveway approaches and driveways are not permitted within the clear vision area.

PLLD20211016 Sky Vista Subdivision Page 56 of 62 improvements to be constructed outside of phase boundaries as needed to serve the lots in that phase.

6. All areas of significant trees shown to be retained under the Tier III right of way (infrastructure) permit shall be p rotected, as well as the root systems of trees immediately off site, prior to, and during construction. The proposed tree protection fencing shall be installed prior to any construction activities on the site, and shall remain in place until construction h as been completed. Grading, operation of vehicles and heavy equipment, and storage of supplies and construction materials is prohibited within the drip zone of significant trees to be retained.

8. The construction of public improvements shall not begin until Tier III right of w ay construction plans have been reviewed and approved by the City Engineer and the developer has signed a Public Facilities Improvement Agreement (PFIA), paid permit fees, and received a permit and notice to proceed. Final Plat approval will not be

5. Prior to the issuance of a Tier III right of way (infrastructure) permi t, the Preliminary Tree Protection plan and submitted Tree Inventory be revised to preserve trees 10070, 10072, 10255, 10387, and 10382.

13. Prior to the issuance of a Tier III right of way (infrastructure) permit, the storm facility within the 20 foot sewer easement (adjacent to Lot 3) must be re designed and an alternate storm mitigation determined. Prior to Final Plat of Phase 1:

Sky Vista Subdivision Page 57 of 62 granted until all required public improvements have been completed, inspected, and accepted by the City or as permitted by separate development agreement.

11. Prior to the issuance of a Tier III right of way (infrastructure) permit, the submitted plans must be revised to show only one water service for Lot 49.

12. Prior to the issuance of an infrastructure permit, the applicant must submit a Final Drainage Report and Grading/Clearing/Erosion Control Plan for review by the Private Development Engineering Division (PDED) which complies with Bend Code Title 16, Grading, Excavation, and Stormwater Management and the Central Oregon Stormwater Manual (COSM).

15. Prior to the final plat approval of Phase 1, the existing driveway approach on the north west corner of the site must be removed and closed, with th e installation of a City standard curb.

14. Prior to final plat approval of Phase 1, water rights on TL 171226BC00200 and 171226BC00300 must be removed.

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9. The proposed cross sections of Beall Drive must be constructed to City of Bend Standards and specifications at the time of infrastructure review. If on street parking is requested on Beall Drive at the time of Tier III right of way (infrastructure) permit review, curb extensions must be constructed at intersections to maintain parked vehicles outside clear vision areas and sight distance areas. Any proposed on -street parking must conform to BDC 3.3.500. Parking bays are not permitted to be in excess of 100 feet and no on-street parking is permitted on Beall Drive west of Pikes Peak Road

10. Public utility improvements must conform to the City of Bend Standards and Specifications and will be reviewed by the City of Bend Private Development Engineering Department via a Right -of-Way (ROW) permit. Work in the ROW must be completed by a City approved ROW contractor.

16. Prior to final plat approval of Phase 1, where NE Rainier Drive abuts the subject property, it must be fully reconstructed to City of Bend local street standards or a 2inch grind and inlay performed. If there is no t 2 inches or more of asphalt after the

17. With the final plat approval of Phase 1, a 10 foot right of way dedication must be provided on 27th Street and shown on the final plat, equaling 50 feet from right of way centerline to the property line.

PLLD20211016 Sky Vista Subdivision Page 58 of 62 grind, the street must be reconstructed to provide the City standard minimum asphalt depth.

Prior to Final Plat of Phase 2:

18. With the final plat approval of Phase 1, the 20 -foot wide alley between Lots 2 and 3 must be dedicated to the City of Bend as right of way and be constructed to City of Bend alley standards.

20. Prior to the approval of the final plat for Phase 1, the curb tight sidewalk along the east side of 27th Street must be removed and installed property tight in conformance to City of Bend standards, connecting to the existing sidewalks north and south of the site.

22. Prior to final plat approval of Phase 1, a 16 inch water main must be installed within the 27th Street right of way to connect to the existing water main at the NW and SW corners of the property frontage. The location of the main will be determined at time of right of way permit review.

19. Prior to the approval of the final plat for Phase 1, the existing four foot wide sidewalk on the south side of NE Rainer Drive must be removed and reconstructed to City of Bend standards at a five foot width.

25. A minimum 20-foot wide shared access easement over lot 50 must be recorded wi th the plat benefiting Lot 48 26. Prior to the approval of the final plat for Phase 2, the applicant must submit a road name for approval for “Street A”.

24. Prior to final plat approval of Phase 2, the applicant must either submit CC&Rs for the Sky Vista subdivision or revise the Oakview Phase VI CC&Rs to demonstrate how the development will maintain all private alleys.

21. Prior to the final plat approval of Phase 1, unless it can be shown that the house is on City sewer, the septic tank must be removed under a Deschutes County Health Department permit. The septic tank and/or drain field must be fully removed from the ground when determined to encroach within the proposed right of way. Final decommissioning approval from Deschutes County must be provided to the City of Bend.

23. Prior to final plat approval of Phase 1, accessible curb ramps must be installed on the west side of 27th Street to align with the ramps at Beall Drive. No refuge island in 27th Street will be required because of the queuing into the church driveway.

29. Prior to final plat approval of each phase, a Stormwater Maintenance agreement must be recorded with the City. All private storm systems and drywells must be privately maintained, and the maintenance identified must be part of the Stormwater Maintenance agreement. The stormwater directed to private storm pipe is shown within the private alleys, and in turn to drywells, must be from roof runoff only.

35. With the exception of Alley A (serving Lots 40 47), all alleys must contain a 20 foot wide public access easement dedicated on the final plat to allow for pedestrian and

30. All private storm pipe must be contained within a Private Storm water Easement recorded over the private storm pipe crossing property lines, with a Cross Drainage Easement for the stormwater flowing across property lines. These private storm systems will not be permitted within City of Bend right -of-way or within City or public utility easements. Both the Cross Drainage Easement and Private Stormwater Easement must be shown on the final plat.

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32. All utility lines must be placed underground prior to surfacing of adjacent and planned streets, except that surface mounted transformers, connection boxes and meter cabinets, temporary utility service facilities during construction, and high capacity electric lines operating at 50,000 volts or above, may be placed above ground, so long as they are not located within required clear vision areas. Final location of utilities must be reviewed by the City Engineer through a Tier III (infrastructure) right of way plan review process, with all design and construction conforming to City of Bend standards.

31. Prior to final plat approval of each phase, the Engineer of Record must provide written documentation that all storm water manag ement systems have been designed and installed in accordance with the approved plans and/or any applicable Oregon DEQ requirements. The EOR must test the constructed storm water facilities and provide written testing results. DEQ registration is required f or private UIC storm facilities, including UIC decommissioning, and/or UIC Rule Authorization, if applicable.

Prior to Final Plat of each phase:

33. Prior to final plat approval of each phase, the ap plicant must pave all streets and alleys within that site’s frontage to conform to City of Bend Standards and Specifications.

Sky Vista Subdivision Page 59 of 62 27. Prior to final plat approval of Phase 2, the proposed sewer main must extend to Lot 48 to adequately provide a City standard sewer service to Lot 48 from the abutting Beall Drive right-of-way.

28. Prior to final plat approval of each phase, private drywells must be registered with DEQ. Documentation from DEQ must be provided to the City showing drywell registration.

34. No parking will be permitted within alleys and must be signed accordingly.

Sky Vista Subdivision Page 60 of 62 vehicular access. Alley A is permitted to remain private, provided that 20 -foot wide Private Access Easement is provided to benefit Lots 4 0 47 and all adjoining Lots in Oakview Phase VI subdivision.

39. Prior to the approval of the final plat for each phase, a fence or other approved barrier must separate the south side of the alley serving Lots 1 14, 59 65, and 56 from 2426 NE 27th Street.

41. Prior to the approval of the final plat for each phase, the applicant must install two directional ADA curb ramps at the corners of an intersection per City of Bend Standards and Specifications and PROWAG guidelines. A Rig ht of Way permit is required for all work in the right of way and the work must be completed by a City approved right of way contractor.

36. With the final plat approval of each phase, Beall Drive must be constructed to City of Bend Collector street standards. The street must be striped with bike lanes, bike lane buffers, and travel lane lines. Final striping will be determined at time of right of way permit review. A minimum sidewalk width of 6 feet must be constructed on both sides of the road in conformance to current City standards. All Beall Drive improvements must be constructed within a City of Bend dedicated 80 -foot right-of-way.

40. Prior to the approval of the final plat for each phase, all sidewalks fronting lots with no driveway access must be constructed to City of Bend standard, constructed property tight unless otherwise approved during right of way permit review to meander to avoid existing utilities, steep topography, and/or existing trees. Sidewalks may be bonded for if applicant proceeds with a HB 2306 process.

37. With the final plat approval of each phase, NE Pikes Peak Road, Street A and NE Desert Oak Street must be constructed to City of Bend local street standards with 32 feet of asphalt width bound by curbs on both sides. Sidewalks must be constructed on both sides of the road in conformance to current City standards. All NE Pikes Peak Road, NE Desert Oak Street and Street A improvements must be constructed within a City of Bend dedicated 60 -foot right-of-way. Additional right of way dedication will be required on NE Desert Oak St to obtain full 60 foot right of way.

42. Prior to the final plat approval for each phase, the applicant must install a driveway approach at all alley access po ints per City of Bend Standards and Specifications. Water meter boxes, valves and manholes are not permitted in

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38. Prior to the approval of the final plat for each phase, a Type III barricade must be installed at the streets stubs of NE Desert Oak Street an d Street A as determined during Tier III right of way permit review to mitigate vehicular access between the development and 2426 NE 27th Street.

44. Prior to the approval of the final plat fo r each phase, a luminaire (street light) must be installed at every intersection with Beall Drive and 27th Street per the City of Bend Standards and Specifications to illuminate pedestrian crossings.

47. Prior to the final plat approval for each phase, one sewer service and one water service must be installed to serve each new parcel in conformance with City of Bend Standards and Specifications. A Right of Way permit is required for all work in the right of way and the work must be completed by a City approved right of way contractor.

46. Prior to the final plat approval for each phase, a ll sewer mains must be installed within the right of way unless otherwise approved by the City Engineer. Where the sewer main deviates outside the right of way, a minimum 20 foot City of Bend sewer easement must be recorded over the sewer main centered over the pip e.

Sky Vista Subdivision Page 61 of 62 hardscape. A Right-of-Way permit is required for all work in the right -of-way and the work must be completed by a City approved right of way contractor.

50. At the time of building permit approval, Lots 15 25, Lots 29 39, Lots 1 14, Lots 59 65 and Lots 56 will be required t o take access from the private alleys with a public access easement, dedicated on the plat. Where a lot fronts an alley, the lot must take access from the alley. Alley A, abutting Lots 40 47, is not required to be contained within a public access easement. Prior to Certificate of Occupancy:

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45. Prior to the final plat approval for each phase, a n 8 inch sewer main must be installed within Beall Drive and “Street A” to serve all lots which front these streets, with the exception of Lot 26, which can take sewer service from NW Pikes Peak Road.

48. Prior to final plat approval of each phase, all water and sewer mains must be constructed in conformance with City of Bend Standards and Specifications within the frontage road in the phase. Water mains must be looped when able to avoid dead end mains, and be constructed to and through the streets in the development. No water services will be permitted from the 16 inch main: all service connections must be made from an 8 inch water main. A Right of Way permit is required for all work in the right of way and the work must be completed by a City approved right of way contractor. Prior to Building Permit Approval: 49. At the time of building permit approval, driveway access for Lot 26 must be from NE Pikes Peak Road on the northeast corner of the property to maintain separation from the Beall Drive intersection.

43. Prior to the final plat approval of each phase, d riveway approaches must be shown on the Tier 3 right of way permit (Infrastructure) but are not required to be constructed until platted lot development.

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53. No vehicular access will be permitted from Beall Drive or 27th Street. 54. Clear vision areas with minimum triangle legs of 10 feet are required to be maintained at all alley intersections. 55. No access to development from the private drive aisle south of the site located on 2426 NE 27th Street will be permitted unless otherwise approved by the City of Bend. 56. No structures (anything with a foundation walls, houses, monument signs, etc.) will be permitted within any easement.

DURATION OF APPROVAL:

THIS DECISION BECOMES FINAL TWELVE (12) DAYS AFTER THE DATE MAILED, UNLESS APPEALED BY A PARTY WHO HAS PARTICIPATED IN THE PROCESS.

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In accordance with BDC 4.1.1310, this land division approval shall lapse, and a new application shall be required, unless the final plat has been recorded with Deschutes County within two years of the date this decision becomes final.

51. Street trees are required to be planted prior to Certificate of Occupancy of abutting lots and must be shown on the respective building permit submittals. Street trees are required along all streets, and must have a minimum caliper of two inches at the time of planting. The street trees must not be removed without a City tree removal permit. Ongoing: 52. Non roof runoff must be retained on the site of origin, unless where permitted by a Cross-Drainage Easement with an ap proved point of stormwater containment conforming to COSM requirements.

REQUEST: An application request for a 65 lot subdivision on 10.08 acres in the RS Zone (Standard Density Residential)

This application and decision can be viewed using the following link to access the project on0211016directly:https://cityview.ci.bend.or.us/Portal/Planning/StatusReference?referenceNumber=PLLD2.Alternatively,theapplicationcanbeaccessedthroughtheOnlinePermitCenterPortaltheCityofBendwebsiteatwww.bendoregon.gov/permitcenterOpenthePortalandselectthe

NOTICE OF DECISION - Reissued

STAFF REVIEWER: Michelle Patrick, Associate Planner (541) 388 5562, mpatrick@bendoregon.gov

MATERIALS IN ALTERNATE FORMAT REQUEST Accommodation Information for People with Disabilities To obtain this information in an alternate format such as Braille, large print, electronic formats, etc. please contact the Staff Reviewer listed above. Relay Users Dial 7-1-1. PROJECT NUMBER: PLLD20211016 (in Online Permit Center Portal) APPLICANT: AKS Engineering, c/o Joey Shearer OWNER: Venture Properties, Inc., c/o Chris Fromhart LOCATION: 2580 NE 27th St; Tax Lots 171226BC00300 and 171226BC00200 2688 NE Desert Oak St; Tract I, Oakview Phase VIII; Tax Lot 171226BB03133; 21297 Beall Dr; Tract H, Oakview Phase VIII; Tax Lot 171226BB03140; No situs address; Tract A, Oakview Phase VI; Tax Lot 171226BB03111

Application Search link under the Planning & Historic header, then enter the project number in the search bar to find the project. The decision can be found at the bottom of the project page under Documents and Images. A copy can also be obtained by contacting the staff reviewer listed above, or at a reasonable cost from the City of Bend Permit Center, City Hall, 710 NW Wall Street, Bend, Oregon. This decision may be appealed by filing a notice of appeal with the Planning Division within 12 days of the date this notice was mailed. An appeal application must be submitted to the City of Bend Permit Center along with the appeal fee in accordance with BDC 4.1.1115. The appeal application can be found under Submittal Items on the Planning Division page of City of Bend Ifwebsiteyouhave

questions or need help to access the project in the Online Permit Center Portal, please contact the Staff Reviewer listed above, or call (541) 388 5580 and choose Option 3 for the planner on duty.

Mailed on Friday, March 4, 2022 Planning Division City of Bend P.O. Box 431 Bend, OR 97709

The City of Bend Planning Division approved an application request for a 65 lot subdivision on 10.08 acres in the RS Zone . You are receiving this notice because you submitted comments to the City regarding this project. If you have questions, please contact the staff reviewer.

I, Jennifer Yarbrough, certify that a copy of this notice was mailed to each of the parties to the record, as well as the representative for the Mountain View Neighborhood Association(s). A copy of the mailing list is attached to this notice under Documents and Images for the project in the Online Permit Center Portal.

CC:

IN ALTERNATE FORMAT REQUEST

Signature: Jennifer Yarbrough, Planning Technician II COB Addressing, Fire and Transportation

MATERIALS

Accommodation Information for People with Disabilities To obtain this information in an alternate format such as Braille, large print, electronic formats, etc. please contact the Staff Reviewer listed above. Relay Users Dial 7-1-1.

Emails sent: PLLD20211016 carolandperry@gmail.comTodd.Cleveland@deschutes.orgkelly@stonebridgehomesnw.comlanduse@coid.orgchris@dmhholdingsco.comshearerj@aksmooredglaw@gmail.compederson@bendbroadband.comeng.com

SELLER DISCLOSURES

2807 Ne Rainier Dr, Bend, Or 97701 2807 Ne Rainier Dr, Bend, Or 97701 Megan M Layne Brennan Layne This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Cascade Sotheby's International Realty | Sisters, 290 E. Cascade Ave. | PO Box 609 Sisters OR 97759 8182168542 2807 NE Rainier Patty Cordoni & Suzanne Carvlin Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT

2807 Ne Rainier Dr, Bend, Or 97701 X X XXX XX XX XX X X X X X This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. 2807 NE Rainier Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT

2807 Ne Rainier Dr, Bend, Or 97701 XX X X XXX XX XXXX X X XXXXXXXXXX This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. 2807 NE Rainier Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT

2807 Ne Rainier Dr, Bend, Or 97701 X X XXX XX X X XXX XX X XX X X XX XX This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. 2807 NE Rainier Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT

2807 Ne Rainier Dr, Bend, Or 97701 XXXXX XXXXXX X X XX X XXXXXX X Oakview HOA Mile High Community Management - Rachel Nething - rnething@milehighmgmt.com 376 SW Bluff Dr #4, Bend, OR 97702 (541)598-7662 This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. 2807 NE Rainier Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT

2807 Ne Rainier Dr, Bend, Or 97701 200.00 X XX X XX X X X X XX XXX X X X Brennan Layne This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. 2807 NE Rainier Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT

2807 Ne Rainier Dr, Bend, Or 97701 Brennan Layne Suzanne Carvlin and Patty Cordoni, CHSIR, Sisters Cascade Hasson Sotheby’s International Realty | Sisters This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. 2807 NE Rainier 252 including HOA, CC&Rs Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT

2807 Ne Rainier Dr, Bend, Or 97701 1E & 1F See HOA documents for maintenance and snow removal of the alley access to the garage for our property and neighboring garages. HOA primarily removes snow and sprays for weeds. Oakview HOA Documents 1K Oakview Phase VI subdivisionOakviewCC&RsCC&Rs 5F Home inspection conducted by owners when they purchased the property on Brennan4/20/2020.Layne This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Cascade Sotheby's International Realty | Sisters, 290 E. Cascade Ave. | PO Box 609 Sisters OR 97759 8182168542 2807 NE Rainier Dr Patty Cordoni & Suzanne Carvlin Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT

Megan M Layne, Brennan Layne 2807 Ne Rainier Dr, Bend, Or 97701 X concrete composite siding, brand unknownXXXXXXX Megan M Layne Brennan Layne Suzanne Carvlin and Patty Cordoni, CHSIR, Sisters Suzanne Carvlin and Patty Cordoni, CHSIR, Sisters Cascade Hasson Sotheby’s International Realty | Cascade Hasson Sotheby’s International Realty | This form has been licensed for use solely by Patty Cordoni & Suzanne Carvlin pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. Cascade Sotheby's International Realty | Sisters, 290 E. Cascade Ave. | PO Box 609 Sisters OR 97759 8182168542 2807 NE Rainier Patty Cordoni & Suzanne Carvlin Jul 1, 2022 | 9:32 AM PDT Jul 1, 2022 | 9:00 AM PDT