Chapter 2.7
SPECIAL PLANNED DISTRICTS, REFINEMENT PLANS, AREA PLANS AND MASTER PLANS Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

Sections:

2.7.100    Special Planned Districts, Refinement Plans, Area Plans and Master Plans. Revised 1/19

Article I. Lava Ridge Refinement Plan

2.7.200    Lava Ridge Refinement Plan.

Article II. NorthWest Crossing Overlay Zone

2.7.300    NorthWest Crossing Overlay Zone.

2.7.310    Definitions.

2.7.320    Districts.

2.7.330    NorthWest Crossing Special Street Standards.

Article III. Dean Swift Refinement Plan Development Standards

2.7.400    Dean Swift Refinement Plan Development Standards. Revised 8/19

Article IV. Medical District Overlay Zone

2.7.500    Medical District Overlay Zone.

2.7.510    Purpose and Applicability.

2.7.520    Permitted Land Uses.

2.7.530    Development Standards.

2.7.540    Special Development Standards.

2.7.550    Architectural Design Standards.

Article V. Waterway Overlay Zone (WOZ)

2.7.600    Waterway Overlay Zone (WOZ).

2.7.610    Purpose.

2.7.620    Riparian Corridor Sub-Zone.

2.7.630    River Corridor Areas of Special Interest Sub-Zone.

2.7.640    Floodplain Combining Zone.

2.7.650    Deschutes River Corridor Design Review Combining Zone.

Article VI. Upland Areas of Special Interest Overlay Zone

2.7.700    Upland Areas of Special Interest Overlay Zone.

Article VII. Murphy Crossing Refinement Plan

2.7.800    Murphy Crossing Refinement Plan.

2.7.810    Purpose.

2.7.820    Districts.

2.7.830    Murphy Crossing Special Street Standards.

Article VIII. Manufactured Home Park Redevelopment Overlay

2.7.900    Manufactured Home Park Redevelopment Overlay.

2.7.910    Purpose and Applicability.

2.7.920    Residential Density.

2.7.930    Special Development Standards.

Article IX. Farmington Reserve Master Planned Development

2.7.950    Farmington Reserve Master Planned Development.

2.7.955    Applicability.

2.7.960    Purpose.

2.7.965    Permitted Uses.

2.7.970    Development Standards.

2.7.975    Street Improvement Standards.

Article X. Central Oregon Community College (COCC) – Special Planned District/Overlay Zone

2.7.1000    Central Oregon Community College (COCC) – Special Planned District/Overlay Zone.

2.7.1001    Purpose.

2.7.1002    Definitions.

2.7.1003    Applicability.

2.7.1004    Permitted and Conditional Uses.

2.7.1005    Parking.

2.7.1006    Access and Circulation.

2.7.1007    Transportation.

2.7.1008    Development Not Requiring Site Plan Approval.

2.7.1009    Natural Resource Plan.

2.7.1010    COCC Road/Drive Design Review.

Article XI. Juniper Ridge Overlay Zone

2.7.2000    Juniper Ridge Overlay Zone.

2.7.2010    Purpose.

2.7.2020    Implementation.

2.7.2030    Employment Sub-District.

2.7.2040    Town Center Sub-District – Reserved for Future.

2.7.2050    Educational Sub-District – Reserved for Future.

2.7.2060    Residential Sub-District – Reserved for Future.

Article XII. Stone Creek Master Planned Development

2.7.3000    Stone Creek Master Planned Development.

2.7.3010    Applicability.

2.7.3020    Purpose.

2.7.3030    Permitted Uses.

2.7.3040    Development Standards.

2.7.3050    Multifamily Development Areas.

2.7.3060    Neighborhood Park.

2.7.3070    Street and Pedestrian Standards.

Article XIII. Wildflower Master Planned Development

2.7.3100    Wildflower Master Planned Development.

2.7.3110    Applicability.

2.7.3115    Purpose.

2.7.3125    Districts.

2.7.3130    Wildflower Glen Housing District.

2.7.3135    Wildflower Hills Multifamily Housing District.

2.7.3140    Wildflower Plaza Mixed Employment (ME) District.

2.7.3145    Site Plan and Design Review.

2.7.3150    Street and Pedestrian Standards.

Article XIV. Bend Central District

2.7.3200    Bend Central District (BCD).

2.7.3210    Applicability.

2.7.3220    Land Uses.

2.7.3230    Development Standards.

2.7.3240    Design Standards.

2.7.3250    Parking.

2.7.3260    Special Street Standards.

2.7.3270    Low Impact Stormwater Management.

2.7.3280    Landscaping.

Article XV. Shilo Master Planned Development

2.7.3300    Shilo Master Planned Development.

2.7.3310    Purpose. Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

2.7.3320    Applicability. Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

2.7.3340    Shilo Residential District. Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

2.7.3350    Street and Pedestrian Standards. Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

Article XVI. River Vale Master Planned Development

2.7.3400    River Vale Master Planned Development.

2.7.3410    Applicability.

2.7.3420    Purpose.

2.7.3430    Development Standards.

2.7.3440    Street Standards.

Article XVII. Oregon State University – Cascades Overlay Zone

2.7.3500    Oregon State University – Cascades.

2.7.3510    Purpose and Applicability.

2.7.3520    Definitions.

2.7.3530    Permitted, Conditional and Accessory Uses.

2.7.3540    Special Development Standards.

2.7.3550    Parking and Loading.

2.7.3560    Special Street Standards.

2.7.3570    Transportation Mitigation Plan.

2.7.3580    Transportation and Parking Demand Management Plan.

2.7.3590    Future Capacity Reservation.

Article XVIII. 15th Street School Overlay Zone

2.7.3600    15th Street School Overlay Zone.

2.7.3610    Purpose. Revised 9/18

2.7.3620    Definitions. Revised 9/18

2.7.3630    Applicability. Revised 9/18

2.7.3640    Permitted and Conditional Uses. Revised 9/18

2.7.3650    Development Standards. Revised 9/18

2.7.3660    Design Standards. Revised 9/18

2.7.3670    Access, Landscaping and Parking. Revised 9/18

2.7.3680    Special Street Standards. Revised 9/18

2.7.3690    Transportation Mitigation Plan. Revised 9/18

2.7.36100    Future Capacity Reservation. Revised 9/18

Article XIX. Discovery West Master Planned Development

2.7.3700    Discovery West Master Planned Development.

2.7.3710    Purpose. Revised 7/19

2.7.3720    Applicability. Revised 7/19

2.7.3730    Districts. Revised 7/19

2.7.3740    Review Procedures. Revised 7/19

2.7.3750    Large Lot Residential District. Revised 7/19

2.7.3760    Standard Lot Residential District. Revised 7/19

2.7.3770    Residential Mixed-Use District. Revised 7/19

2.7.3780    Commercial/Mixed Employment District. Revised 7/19

2.7.3790    Special Street Standards. Revised 7/19

2.7.100 Special Planned Districts, Refinement Plans, Area Plans and Master Plans. Revised 1/19

Special Planned Districts, Refinement Plans, Area Plans and Master Plans describe in more detail the type of development planned for a specific area than is typically found in a Comprehensive Plan, zone map, or public facilities plan. A Special Planned District, Refinement Plan or Area Plan may be initiated by the City Council at its own initiative in compliance with BDC Chapter 4.1, Development Review and Procedures, and BDC Chapter 4.6, Land Use District Map and Text Amendments and the Area Plan policies contained in Chapter 11 of the Comprehensive Plan (Type IV process), or at the request of property owners in compliance with BDC Chapter 4.5, Master Planning and Development Alternatives, and BDC Chapter 4.6, Land Use District Map and Text Amendments (Type III process). [Ord. NS-2318, 2018; Ord. NS-2289, 2017; Ord. NS-2016, 2006]

Article I. Lava Ridge Refinement Plan

2.7.200 Lava Ridge Refinement Plan.

Figure 2.7.200.A

The area covered by the Lava Ridge Refinement Plan is approximately 700 acres of partially developed land on the northeast edge of Bend. It is bounded on the north by Cooley Road, to the east by the Urban Growth Boundary, to the south by Empire Boulevard and to the west by the railroad.

The purpose of the Lava Ridge Refinement Plan is to create overlay zoning standards for the Residential and Commercial Districts within the refinement plan area. The refinement plan objectives are:

•    Identify and coordinate street and utility locations.

•    Develop a street plan that will allow individual property owner to develop independently and still create an interconnected street system and compatible uses.

•    Designated neighborhood open space and provide a mechanism for construction and maintenance of designated parks.

•    Determine density locations and ranges that will allow flexibility for individual property owners.

•    Establish design standards for street, sidewalks and building locations to create streetscapes that are safe and accessible for pedestrians.

The plan promotes the development of neighborhoods based on traditional planning principles. A network of connected streets, some narrower than the current standard, will help to reduce cut-through traffic while distributing local traffic more evenly. Neighborhood parks are provided, particularly in higher density areas. Neighborhood commercial at the edge of the neighborhood can reduce daily car trips while keeping the associated commercial traffic away from the residential areas.

A.    Residential Density and Development Provisions. The permitted residential densities shall be the same as in the underlying zones except as specified below:

1.    In the RL Zone, a parcel or a lot in existence on September 6, 2000 (the date of adoption of the Lava Ridge Refinement plan) may be partitioned into no more than two lots. This standard shall apply even if sewer service is provided to the RL Zone.

2.    In the RS Zone in the area north of Morningstar Drive in Sections 17-12-15CB and 17-12-15CC, all new lots next to the Morningstar subdivision lots shall have a minimum width of 100 feet along any rear or side property line that abuts the existing Morningstar subdivision lots.

B.    Neighborhood Public Parks. Public parks shall be provided at the locations depicted in Figure 2.7.200.B, Parks and Pedestrian Access Ways, of the refinement plan. The developer shall work with the Bend Metro Park and Recreation District on park design to comply with district standards. The developer may be reimbursed by the Park District for park land and/or construction costs up to the amount of park system development charges for the development. Procedures for developing such proposals are outlined in the Bend Metro Park and Recreation District SDC Ordinance No. 1, Section 7. The proposal to develop a park and receive park SDC credits must first be approved by the Bend Metro Park and Recreation District Board of Directors. Upon construction of the park to district standards and reimbursement to the developer, the designated park land shall be transferred to Park District ownership. The Park District shall be responsible for ongoing park maintenance.

Figure 2.7.200.B

Figure 2.7.200.C

C.    Street and Pedestrian Standards. Street and pedestrian standards shall be consistent with the requirements of the Bend Comprehensive Plan and the Zoning Ordinance, except as set forth below:

1. Boyd Acres Road.

2. Empire Boulevard.

3. Local Street.

4. Local Street with Median.

5. Alley. Alleys shall include a minimum of 20 feet of right-of-way and 16 feet of paved travel surface.

6. Pedestrian Access Way. Pedestrian access ways shall be located within a right-of-way no less than 14 feet wide. The trail or path shall be a minimum of 10 feet wide and paved with asphalt or concrete.

7.    Hammerhead Streets. Hammerhead streets meeting the following design standards may be permitted in the Lava Ridge Refinement Plan RM and RS Zones.

a.    Hammerhead streets shall be private streets.

b.    The hammerhead street length shall be no more than 150 feet.

c.    The minimum right-of-way width shall be 40 feet plus a five-foot utility easement on each side.

d.    Utility easements shall be required for public and/or private development.

e.    The minimum street pavement width shall be 20 feet.

f.    The maximum public street block length shall be 600 feet.

g.    The maximum width of a housing cluster on a hammerhead street shall be 300 feet.

h.    Sidewalks are not required within the cluster.

i.    Sidewalks shall be required on the external public streets.

j.    Parking is not permitted on the hammerhead street.

k.    Off-street parking requirements shall be met for underlying zone.

l.    Landscaping on interior of hammerhead cluster shall be required in area from house to edge of pavement.

m.    Street Frontage. Houses on lots fronting a public street, except an arterial, shall face the public street.

n.    Building setback shall be the same as the underlying zone unless modified in the plat.

o.    Fences or walls adjacent to an arterial shall be approved at the time of plat. Walls shall be built with varied texture and materials and shall comply with any adopted design standards. The maximum height shall be six feet except where the elevation between the arterial street and the lot line exceeds eight feet, in which case reductions to the wall or fence height may be required. The area between the fence or wall and the arterial curb shall be landscaped and maintained by abutting property owner(s) or homeowners association.

p.    Fencing. On hammerhead and public streets, except arterials, fences within the yard setback area may not exceed three and a half feet in height. A fence up to six feet in height may be constructed outside of the setback area; provided, that it is no closer to the street than the building face. A fence up to six feet in height may be constructed on rear lot line.

D.    Street Trees. Street trees shall be provided along all arterial streets and streets designated as connector streets on Figure 2.7.200.C, Lava Ridge Plan Circulation Plan diagram. Only street trees from a list maintained by the City Planning Department shall be planted. Street trees shall be planted 25 to 30 feet on center. Trees shall be a minimum of two-inch caliper measured four feet from ground level.

E.    Block Perimeter. In addition to block length standards of the Subdivision Ordinance, the perimeter of blocks shall not exceed 1,600 feet.

F.    Design Review and Building Orientation.

1.    Design review standards in BDC 2.2.600 shall apply to development in the Commercial and Professional Office Zones and any other Design Review Overlay District specified in BDC 2.2.600.

2.    Residential development shall be oriented to a street, with a primary entrance that fronts on the street. Garages shall be no more than five feet in front of the front of the house. Front sides of garages shall represent no more than 50 percent of the building frontage of any residential structure. The width of the garage door opening shall be used to determine the percentage of frontage. The Planning Director or designee may waive the standards if they are impractical due to factors including, but not limited to, the following:

•    When the slope at the front of the lot exceeds 12 percent.

•    Preservation of natural features, such as rock outcrops.

•    Preservation of trees or other vegetation.

•    Lot width at the front property line of lots existing prior to December 3, 2004, is less than 50 feet.

G.    Area of Special Interest. Areas of Special Interest shown on the Bend Comprehensive Plan Map shall be subject to policies of the Bend Comprehensive Plan.

H.    Fences. Walls and fences in the setback area between the front of the house and the adjacent local or collector street shall not exceed three and a half feet in height. Six-foot-high fences are permitted outside the front yard setback area between the property line and the building and on side lot lines. Fences up to six feet high may be provided along alleys.

Figure 2.7.200.D

Fence Setbacks

[Ord. NS-2271, 2016; Ord. NS-2037, 2007; Ord. NS-2016, 2006; Ord. NS-1944, 2004; Ord. NS-1754, 2000]

Article II. NorthWest Crossing Overlay Zone

2.7.300 NorthWest Crossing Overlay Zone.

The purpose of the NorthWest Crossing Overlay Zone is to implement the NorthWest Crossing Master Development Plan and the Bend Comprehensive Plan policies regarding the NorthWest Crossing property, and to create overlay zoning standards for the Residential, Commercial and Industrial Districts within the NorthWest Crossing Master Development Plan boundaries. The overlay zone standards will:

•    Provide a variety of employment opportunities and housing types.

•    Locate higher density housing adjacent to collector and arterial streets or public parks.

•    Create opportunities for community commercial and small-scale businesses in selected locations to foster a mixed-use residential neighborhood.

•    Promote pedestrian and other multi-modal transportation options.

•    Ensure compatibility of uses within the development and with the surrounding area.

•    Create an interconnected system of streets with standards appropriate to the intensity and type of adjacent use.

•    Create safe and attractive streetscapes that will meet emergency access requirements and enhance pedestrian and bicycle access.

[Ord. NS-2271, 2016; Ord. NS-2198, 2013; Ord. NS-2016, 2006; Ord. NS-1968, 2005; Ord. NS-1892, 2003; Ord. NS-1782, 2001]

2.7.310 Definitions.

The following definitions apply to uses, building types and standards that are specific to the NorthWest Crossing Overlay Zone:

A.    Accessory dwelling means a separate, complete dwelling unit, either attached to or separate from the primary dwelling unit. An accessory dwelling may be no larger than 40 percent of the living area, excluding the garage, of the primary dwelling, or 600 square feet, whichever is less. Maximum height for a detached accessory dwelling is 24 feet. Accessory dwelling units must meet the setbacks for the City of Bend Standard Density Residential (RS) Zone. Accessory dwellings may be permitted on any lot in accordance with the provisions of the RS Zone.

B.    Community commercial means a building not exceeding a total of 2,000 square feet of gross floor area containing a retail, service, office, or food and beverage service establishment, excluding drive-through. A community commercial building is a stand-alone commercial use to serve neighborhood needs. It is not intended to draw large numbers of patrons from outside of the neighborhood. The design of the building shall be residential in scale and character. Off-street parking is limited to a maximum of one space per 500 square feet of building. Off-street parking must be located at the side or rear of the building. The public entrance to the building shall be on the primary street frontage.

C.    Cottage means a small, detached dwelling unit, not greater than 1,200 square feet in total floor area, developed in accordance with the standards contained in BDC 2.7.320(E) that is developed at a density greater than the underlying zone.

D.    Cluster housing development is detached single-family cottages in a cluster around a central shared open space and has the following characteristics:

1.    Each cottage is of a size and function suitable for a single person or very small family;

2.    Each cottage has the construction characteristics of a single-family house;

3.    Cottages may be located on platted lots or as units in a condominium development and may share use of common facilities such as a party room, tool shed, garden, workshop and parking areas;

4.    The site is designed with a coherent concept in mind, including shared functional open space, off-street parking areas, access within the site and from the site, and consistent landscaping;

5.    Each tentative plat or condominium plat for a cluster housing development within the NorthWest Crossing Cluster Housing Overlay District shall be reviewed against the regulations of this zoning district;

6.    A cluster housing development shall have a homeowners association for the ownership and management of shared open space and common parking areas.

E.    Live/work dwelling means a dwelling in which a business may be operated on the ground floor. The ground floor commercial or office space has visibility, signage and access from the primary street. To preserve the pedestrian orientation of the commercial or office space, alley access is required to provide trash service and residential parking. A live/work dwelling is allowed instead of, or in addition to, home occupation as defined by this code. The location of lots where live/work dwellings may be sited shall be specified on the subdivision plat. The permitted live/work housing types are defined below:

1.    Live/work house means a single-family detached house with no more than 50 percent of the ground floor of the building available as commercial or office space.

2.    Live/work townhome means a residential, fee simple townhome unit in which a business may be operated. The commercial or office portion of the building shall be limited to the ground floor and may not exceed 50 percent of the square footage of the entire building, excluding the garage.

3.    Live/work apartment means a primarily residential multi-story, multi-unit building with a maximum of 50 percent of the building ground floor square footage used as commercial or office space. Residential units may be for rent or for sale in condominium or cooperative ownership.

F.    Parking district means the area designated for common parking lots or facilities in the two NorthWest Crossing Commercial/Mixed Employment Districts. Each Commercial/Mixed Employment District has areas designated for common off-street parking lots or facilities designed to serve the minimum parking needs for permitted uses in the Commercial Limited and Mixed Employment Districts. The designated parking areas will be located behind or at the side of buildings permitted in the Parking District, or on private streets within the Parking District. The designated common parking areas will allow all buildings to be close to the street to create a lively pedestrian-oriented commercial streetscape. A public entrance to all buildings shall be on the primary street frontage.

G.    Primary street frontage means the location along a street in the Residential Mixed-Use District where live/work housing or community commercial uses may be located. Table 2.7.320 identifies areas and limits the maximum lot frontage along the primary street frontage that may be used for live/work housing or community commercial uses in each area. The primary entrance to the office or commercial portion of live/work housing or a community commercial building must be located on the primary street frontage.

H.    Townhome means a single-family dwelling type with common walls on one or both side lot lines and continuous front facades. Townhomes are the highest density housing type in NorthWest Crossing that provides yards and fee simple ownership. Townhomes may be located on lots with detached garages and accessory dwellings. Alleys, to the rear of the building, provide parking and service access. [Ord. NS-2251, 2015; Ord. NS-2198, 2013; Ord. NS-2016, 2006; Ord. NS-1968, 2005; Ord. NS-1892, 2003; Ord. NS-1782, 2001]

2.7.320 Districts.

A.    Applicability. The special standards of the NorthWest Crossing overlay districts shall supersede the standards of the underlying zone. Where no special standards are provided, the applicable standards of the underlying zone shall apply.

B.    Standard Density Residential District.

1.    Purpose. The purpose of the Standard Density Residential District is to implement the Standard Density Residential Zone with flexibility to allow greater lot coverage to accommodate single-family houses on small lots. The Standard Density Residential District in NorthWest Crossing also is the base zone for the Residential Overlay Districts described in this subsection and subsections (C) through (F) of this section.

2.    Application of Residential Overlay Districts. The standards of the Standard Density Residential Zone, as provided for in this section, shall apply to the land zoned as Standard Density Residential. Where a Residential Overlay District is shown, the special standards of the Overlay District shall apply to uses permitted by the Overlay District.

3.    Uses Permitted.

a.    All uses permitted in the Standard Density Residential Zone, except neighborhood commercial uses.

b.    Duplex on a lot identified as a duplex lot on an approved subdivision plat, subject to RS minimum lot size for a duplex.

c.    Notwithstanding subsection (B)(3)(a) of this section, preschool use and child care facility use shall not be permitted on Tax Lot 311 of Deschutes County Assessor’s Map 17-11-36 (more specifically described in Exhibit C of Ordinance NS-2131).

d.    Notwithstanding subsection (B)(3)(a) of this section, the use of the approximately 100-foot-wide set aside area on Tax Lot 311 of Deschutes County Assessor’s Map 17-11-36 (more specifically described in Exhibit D of Ordinance NS-2131) shall be restricted to the following uses: neighborhood park, single-family detached housing, accessory dwellings, Type 1 home occupation, accessory uses and structures.

4.    Conditional Uses.

a.    Except for duplexes, which are allowed on identified duplex lots on approved subdivision plats, conditional uses permitted in the underlying Standard Density Residential Zone are subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4.

5.    Height Standards.

a.    No building shall be erected, enlarged or structurally altered to exceed 30 feet in height without a variance.

6.    Lot Requirements.

a.    The lot requirements of the RS Zone shall apply to all permitted and conditional uses, with the following exceptions applicable only to new lots platted after December 31, 2012, that also front on Mt. Washington Drive:

i.    Minimum lot depth of 70 feet when the lot width is at least 50 feet;

ii.    Minimum lot width of 35 feet when the lot depth is at least 100 feet.

b.    Setbacks. The setback requirements of the RS Zone shall apply to all permitted and conditional uses.

c.    Lot Coverage.

i.    On lots 6,000 square feet or greater, the maximum lot coverage for buildings shall be 35 percent.

ii.    On lots that are less than 6,000 square feet, the maximum lot coverage for buildings shall be 50 percent.

7.    Site Plan Review. A duplex located on a lot approved as a duplex lot on an approved subdivision plat is not subject to a site plan review under the provisions of BDC Chapter 4.1, Development Review and Procedures.

C.    Residential Townhome Overlay District.

1.    Purpose. The purpose of the Townhome Overlay District is to permit townhomes along collector streets, adjacent to public parks or a Multiple-Family District. The Townhome District will allow a diversity of housing types and a mix of residential density within NorthWest Crossing.

2.    Uses Permitted.

a.    All uses permitted in the Standard Density Residential Zone.

b.    Townhomes.

c.    Duplex on a lot identified as a duplex lot on an approved subdivision plat, subject to RS minimum lot size for a duplex.

3.    Conditional Uses.

a.    Except for duplexes, which are allowed only on identified duplex lots on approved subdivision plats, all conditional uses permitted in the underlying Standard Density Residential Zone, subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4.

4.    Height Standards.

a.    No building shall be erected, enlarged or structurally altered to exceed 35 feet in height without a variance.

5.    Lot Requirements.

a.    The lot requirements of the RS Zone shall apply to all permitted and conditional uses except townhomes.

b.    Except as specified in this section, the lot requirements of the RM Zone shall apply to townhomes.

c.    Setbacks. For townhomes the front yard setback is a minimum of five feet and the side yard setback may be zero feet.

d.    Lot Coverage. There is no maximum lot coverage standard for townhomes and accessory structures on a townhome lot.

6.    Maximum Density. The maximum density in the Townhome District is 12 units per net acre.

7.    Site Plan Review. Townhomes and duplexes on a lot approved as a duplex lot on a subdivision plat are not subject to site plan review under BDC Chapter 4.2, Site Plan Review and Design Review.

D.    Residential Multiple-Family Overlay District.

1.    Purpose. The Residential Multiple-Family Overlay District is applied in specific locations adjacent to arterial or collector streets, public parks or commercial areas. The purpose is to provide a diversity of housing types in the Standard Density Residential Zone at the edges of single-family neighborhoods and to locate higher density housing adjacent to commercial services and/or open space.

2.    Uses Permitted.

a.    All uses permitted in the Standard Density Residential Zone.

b.    Multifamily housing.

c.    Cluster housing.

3.    Conditional Uses.

a.    Conditional uses permitted in the underlying Standard Density Residential Zone subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4.

4.    Height Standards.

a.    No building, except multifamily housing, shall be erected, enlarged or structurally altered to exceed 30 feet in height without a variance.

b.    The maximum height for multifamily housing is 45 feet unless a greater height is approved through a variance in conformance with the provisions of BDC Chapter 5.1, Variances.

5.    Lot Requirements.

a.    The lot requirements of the RS Zone shall apply to all permitted and conditional uses except multifamily housing.

b.    Except as specified in this section, the lot requirements of the RH Zone shall apply to multifamily housing.

c.    Lot Coverage. There is no maximum lot coverage standard for multifamily housing.

6.    Maximum Density. The maximum density in the Multifamily District is 21.7 units per net acre.

7.    Site Plan Review. Multifamily housing shall be subject to the provisions of BDC Chapter 4.2, Site Plan Review and Design Review.

E.    Residential Cluster Overlay District.

1.    The purpose of this section is to provide a housing type that responds to changing household sizes and ages (e.g., retirees, small families, single-person households) and provides opportunities for ownership of small, detached dwelling units within the NorthWest Crossing neighborhood. The Residential Cluster Overlay Zone supports the following principles:

•    Encourages the creation of more usable open space for residents of the development through flexibility in density and lot standards;

•    Supports the growth management goal of more efficient use of urban residential land;

•    Provides development standards to ensure compatibility with surrounding land uses; and

•    Creates a small area of higher density residential development within the RS Zone with detached dwellings and private and shared open space.

2.    Uses Permitted.

a.    All uses permitted in the Standard Density Residential Zone.

b.    Cluster housing developments subject to the development standards in subsection (E)(4) of this section.

c.    Buildings accessory to a cluster housing development subject to the development standards in subsection (E)(4) of this section.

d.    Community buildings in a cluster housing development. Community buildings shall be incidental in use and size to the cottage housing and shall be commonly owned by the residents.

3.    Conditional Uses. Conditional uses permitted in the underlying Standard Density Residential Zone are subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4, Conditional Use Permits.

4.    Development Standards and Site Requirements for Cluster Housing Developments.

a.    Site Requirements.

i.    The permitted density within the NorthWest Crossing Cluster Housing Overlay District is 12 units per acre.

ii.    There is no minimum lot size for cluster housing developments.

iii.    New lots created as a part of a cluster housing development within the NorthWest Crossing Overlay District are not required to have frontage on either a public or private street.

iv.    Cottages adjacent to property lines fronting a public street shall be set back a minimum of 10 feet and a maximum of 20 feet.

v.    Accessory structures, garages or carports shall be set back a minimum of 20 feet from property lines fronting a public street.

vi.    Rear yard setbacks shall be a minimum of five feet.

vii.    Interior Separation. There shall be a minimum separation of 10 feet between all buildings.

viii.    Maximum height for structures within the NorthWest Crossing Cluster Housing Overlay District is 25 feet.

b.    Cottage Development Standards. The design standards and floor area requirements ensure that the overall size and scale including bulk and mass of cottage structures remain smaller and incur less visual impact than standard sized single-family dwellings, particularly given the allowed density of the cluster housing development.

i.    The total floor area of each cottage shall not exceed 1,200 square feet. Attached garages shall not be included in the calculation of total floor area.

ii.    Cottage areas that do not count toward the total floor area calculation are:

(A)    Unheated storage space located under the main floor of the cottage;

(B)    Architectural projections, such as bay windows or fireplaces;

(C)    Attached roofed porches;

(D)    Detached garages or carports;

(E)    Spaces with a ceiling height of six feet or less measured to the exterior walls, such as in a second floor area under the slope of the roof.

iii.    The maximum main floor area for cottages is 1,000 square feet. For the purposes of this calculation, the area of interior stairway may be allocated between floors served.

iv.    Cottages shall have a roofed porch at least 80 square feet in size.

v.    The total square foot area of a cottage may not be increased. A deed restriction shall be placed on the title to the property for the purpose of notifying future property owners that any increase in the total square footage of a cottage is prohibited for the life of the cottage or duration of NorthWest Crossing Cluster Housing Overlay District regulations.

vi.    All proposed cottages and accessory buildings are subject to review and approval by the NorthWest Crossing Architectural Review Committee.

c.    Required Open Space.

i.    Shared Open Space.

(A)    Shall provide a centrally located, focal area for the cluster housing development.

(B)    Shall total a minimum of 500 square feet per cottage when all shared open space areas are combined.

(C)    Shall abut at least 50 percent of the cottages.

(D)    Each cottage must be connected to the shared open space by a pedestrian pathway.

(E)    Shall be within 75 feet walking distance of each cottage.

(F)    Common parking areas are not counted in the shared open space area requirements.

ii.    Private Open Space.

(A) Shall be a minimum of 300 square feet of private, contiguous, usable open space with no dimension less than 10 feet adjacent to each dwelling unit, for the exclusive use of the cottage resident.

(B) Shall be located on slopes of less than 10 percent.

d.    Parking Location and Screening. The parking location and screening standards are designed to ensure minimal visual impact from vehicular use and parking areas for residents of the NorthWest Crossing Cluster Housing Overlay District and adjacent properties, and to maintain a single-family character along public streets.

i.    A minimum of one parking space and a maximum of two parking spaces are required for each cottage.

ii.    A parking area is a location for two or more contiguous vehicle spaces, which are required to meet the minimum parking requirements, and are not within a garage or carport. Parking areas:

(A) May be on lots created for shared parking for the cluster housing development.

(B) Shall be located in the cluster housing development.

(C) Shall be screened from public streets and cottages by landscaping, fencing or buildings.

(D) Shall be prohibited within 20 feet of a public street.

(E) Shall have access via an alley.

F.    Residential High Density Multiple-Family Overlay District.

1.    Purpose. The Residential High Density Multiple-Family Overlay District is applied in specific locations adjacent to arterial or collector streets, public parks or commercial areas. The purpose is to provide a diversity of housing types in the Standard Density Residential Zone at the edges of single-family neighborhoods and to locate higher density housing adjacent to commercial services and open space.

2.    Uses Permitted.

a.    All uses permitted in the Standard Density Residential Zone.

b.    Multiple-family housing.

3.    Conditional Uses.

a.    Conditional uses permitted in the underlying Standard Density Residential Zone subject to a Conditional Use Permit.

4.    Height Standards.

a.    No building, except multiple-family housing, shall be erected, enlarged or structurally altered to exceed 45 feet in height without a variance.

5.    Lot Requirements.

a.    The lot requirements of the RS Zone shall apply to all permitted and conditional uses except multiple-family housing.

b.    Except as specified in this section, the lot requirements of the RH Zone shall apply to multiple-family housing.

c.    Lot Coverage. There is no maximum lot coverage standard for multiple-family housing.

6.    Maximum Density. The maximum density shall be that established by the RH Zone.

7.    Minimum motor vehicle parking for housing that is limited to residents of age 55 and older is one parking space per dwelling unit.

8.    Site Plan Review. Multiple-family housing is not subject to the provisions of BDC Chapter 4.2. It shall be subject to design review through the NorthWest Crossing Architectural Review Committee.

G.    Residential Mixed-Use Overlay District.

1.    Purpose. The Residential Mixed-Use Overlay District is applied in locations adjacent to collector streets, Commercial/Mixed Employment Districts, or public parks to allow higher density residential uses, live/work housing and community commercial uses in the Standard Density Residential Zone. The purpose is to create small areas of mixed-use at specific locations within the neighborhood.

2.    Uses Permitted.

a.    All uses permitted in the Standard Density Residential Zone.

b.    Multifamily housing.

c.    Townhome.

d.    Live/work single-family house subject to the provisions of this district.

e.    Live/work townhome subject to the provisions of this district.

f.    Live/work apartment subject to the provisions of this district.

g.    Community commercial subject to the provisions of this district.

h.    Cluster housing.

i.    Off-street parking area when abutting or across a street from land within the Commercial/Mixed Employment District.

3.    Conditional Uses. Conditional uses permitted in the underlying Standard Density Residential Zone subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4.

4.    Site Plan Review.

a.    Townhomes, live/work houses and live/work townhomes are not subject to the site plan review provisions of this code.

b.    Live/work apartments and community commercial uses are subject to site plan approval according to BDC Chapter 4.2, Site Plan Review and Design Review, except that where special standards of the Residential Mixed-Use District conflict with standards within the code, the standards of the Residential Mixed-Use District shall apply.

5.    Height Standards.

a.    No building except multifamily or live/work apartment housing shall be erected, enlarged or structurally altered to exceed 30 feet in height without a variance.

b.    The maximum height for multifamily housing or live/work apartment is 45 feet unless a greater height is approved through a variance.

c.    The maximum height for a townhome or live/work townhome is 35 feet unless a greater height is approved through a variance.

6.    Lot Requirements.

a.    The lot requirements of the RS Zone shall apply to all permitted and conditional uses except multifamily housing, townhomes, live/work townhomes, live/work apartments and community commercial.

b.    The lot requirements of the RH Zone shall apply to multifamily housing and live/work apartments except that the minimum front yard setback is five feet and the minimum side yard setback is zero feet.

c.    The lot requirements of the RM Zone shall apply to townhomes and live/work townhomes, except that the minimum front yard setback is five feet, the minimum side yard setback is zero feet, and the minimum lot width is 24 feet.

d.    The lot requirements for neighborhood commercial uses in BDC 3.6.300(J) shall apply to community commercial except that the minimum front yard setback is five feet.

e.    There is no maximum lot coverage standard for townhomes, live/work townhomes, live/work apartments or multiple-family housing.

7.    Density. The density in the Residential Mixed-Use District is a maximum of 19 units per net acre.

8.    Primary Street Frontage. Live/work housing and community commercial uses may only be located along primary street frontage identified in Figure 2.7.330.C. The amount of live/work housing and community commercial is further limited to the maximum lot frontage identified in Table 2.7.320.

 

Table 2.7.320 – Residential Mixed-Use District

Maximum Allowable Live/Work Housing and Community Commercial by Area 

Area

Linear Feet of Primary Frontage in District

Maximum Primary Street Frontage for Live/Work Housing Lots

Maximum Primary Street Frontage for Community Commercial Lots

Discovery Park

650

325 linear feet

200 linear feet

Lewis and Clark Park

200

200 linear feet

50 linear feet

Compass Park

1,000

800 linear feet

100 linear feet

Lemhi Pass/NW Crossing

500

500 linear feet

Not permitted

9.    Platting Lots for Live/Work Housing and Community Commercial Uses.

a.    The final plat for a subdivision in the Residential Mixed-Use Overlay District shall specify the lots where live/work housing or community commercial uses will be permitted.

b.    A deed restriction shall be recorded with each lot identified on the final plat as a live/work housing or community commercial.

c.    The number of lots in the Residential Mixed-Use Overlay District shall be limited to a maximum amount of linear primary street frontage.

10.    Sign Standards.

a.    Each live/work house or live/work townhome may have nonilluminated sign(s) not exceeding a combined maximum area of 16 square feet. Signs shall be attached to the building.

b.    Each live/work apartment or community commercial building may have one nonilluminated monument sign and/or one building-mounted sign not exceeding a combined maximum area of 32 square feet.

c.    Individual businesses in live/work apartment buildings may have additional nonilluminated sign(s) mounted on the building not exceeding a combined maximum of eight square feet in size.

11.    Off-Street Parking Standards.

a.    Each live/work house or live/work townhome may have no more than two off-street spaces in addition to the two spaces required by BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking.

b.    The off-street parking standards in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking, shall apply to a work use in a live/work apartment building.

c.    Community commercial uses shall have a minimum of one off-street vehicle parking space for each 500 square feet of floor area and a minimum of four covered bicycle parking spaces. The maximum number of off-street parking spaces for a community commercial building is five, including one disabled accessible space, if required.

12.    Special Standards for Live/Work Townhomes and Live/Work Houses.

a.    The area dedicated to the work use in the live/work unit shall not exceed the size requirement in the applicable definition of live/work house or live/work townhome in BDC 2.7.310(E).

b.    The work use shall not generate noise exceeding 55-decibel level as measured at the lot line of the lot containing the live/work house or live/work townhome.

c.    No outside storage of materials or goods related to the work occupation or business shall be permitted.

d.    No dust or noxious odor shall be evident off the premises.

e.    Employees of the work occupation or business may not occupy more than two on-street parking spaces at any time.

f.    If the business is open to the public, public access must be through the front door and the business may not be open to clients or the public before 7:00 a.m. or after 7:00 p.m.

H.    Commercial/Mixed Employment Overlay District.

1.    Purpose and Applicability. This district applies to all land zoned Commercial Limited and Mixed Employment within the NorthWest Crossing Overlay District. The purpose of this district is to allow a special front yard setback that is not permitted in the underlying Commercial Limited and Mixed Employment Zones and to create parking districts. The purpose of the parking districts is to allow minimum parking needs to be met in common, shared, off-site parking lots. The special setback and parking districts will create a pedestrian-friendly, main-street environment.

2.    Uses Permitted.

a.    The permitted uses allowed in the underlying Commercial Limited and Mixed Employment Zones shall be allowed unless otherwise specified in Table 2.7.320A, which shall control where conflicts exist.

3.    Conditional Uses.

a.    Conditional uses permitted in the underlying Commercial Limited and Mixed Employment Zones subject to a Conditional Use Permit and the provisions of BDC Chapter 4.4. In addition to the conditional uses identified in Chapter 2.3 for the Mixed Employment Zone, there are certain uses that require a Conditional Use Permit if sited on site-specific properties. These uses and properties are identified in Table 2.7.320A.    

Table 2.7.320A 

The Special Land Use Limitations shown in the following table apply in the Commercial/Mixed Employment Overlay District on the following specific lots fronting on Mt. Washington Drive, south of NW Clearwater Drive: District 1, Lot 17; and District 2, Lots 2 and 3.

Land Use

ME

Residential

Temporary Housing* as a secondary use

C

Commercial

Retail Sales and Service (auto dependent*)

C

Retail Sales and Service (auto oriented*)

C

Restaurants/Food and Beverage Services

 

with drive-through*

C

without drive-through

P

Commercial Storage

 

enclosed in building and on an upper story

P

not enclosed in building

N

enclosed in building on ground floor (i.e., mini-storage)

N

Entertainment and Recreation

 

enclosed in building (e.g., theater)

P

not enclosed (e.g., amusement)

C

Industrial

Warehouse

C

Industrial Service (e.g., cleaning, repair)

C

Key to Districts

Key to Permitted Uses

ME = Mixed Employment

P = Permitted; subject to BDC Chapter 4.1

 

N = Not Permitted

 

C = Conditional Use, subject to BDC Chapter 4.4

*    Special Standards for Certain Uses subject to BDC Chapter 3.6 and BDC 2.1.900

4.    Height Standards.

a.    The height standards of the underlying Commercial Limited or Mixed Employment Zone shall apply.

5.    Lot Requirements. None.

6.    Lot Coverage. There is no maximum lot coverage standard.

7.    Front Yard Setback.

a.    No front yard setback is required when an entrance to the building is located at the front lot line and the building is adjacent to a sidewalk 10 feet or wider in a public or private street right-of-way.

8.    Site Plan Review. The provisions of BDC Chapter 4.2, Site Plan Review and Design Review, shall apply in the Commercial/Mixed Employment District. The provisions of BDC Chapter 4.2 pertaining to Commercial Design Review and BDC 2.2.600, Commercial Design Review Standards, shall not apply in the Commercial/Mixed Employment District; provided, that West Bend Property Company maintains design review standards and process consistent with the May 2003 NorthWest Crossing Commercial Rules and Design Guidelines.

9.    Parking District Standards.

a.    Each Commercial/Mixed Employment District will have areas designated for common off-street parking lots and streets designed to serve the minimum parking needs for permitted and conditional uses in the Commercial Limited and Mixed Employment Zones.

b.    Buildings shall be located on and oriented to the streets and the parking lots will be located in the interior of the site or at the sides of buildings. The designated common parking areas will allow all buildings to be close to the street to create a pedestrian-scale street environment.

c.    When uses are approved under this code in the Commercial Limited and Mixed Employment Zones, the minimum off-street parking requirements may be met in off-site, common parking lots or facilities, or in on-street parking on designated streets conveniently located to serve the commercial, office and industrial uses.

d.    City approval of a use in the Commercial/Mixed Employment District shall be conditioned on evidence that the City minimum parking requirements for a proposed use are met by:

i.    A deed, easement or irrevocable lease, contract or other irrevocable legal agreement assuring reservation of the required minimum number of spaces in a common Parking District parking lot or facility, or in on-street parking on private streets for the term the parking is needed; or

ii.    City approval of a shared or joint use agreement evidenced by an irrevocable deed, lease, contract or other legal agreement for the term that the required parking is needed.

e.    Any parking desired over the minimum city standard shall be met with on-street or shared parking within the Commercial/Mixed Employment Districts.

f.    Designated pedestrian access from the common district parking areas to the street and entrances to the commercial uses shall be provided.

g.    All buildings must have at least one primary entrance directly fronting a public or private street.

h.    The Parking District facilities shall be managed and maintained by an association of building owners in the Commercial/Mixed Employment Districts.

i.    Parking for any secondary, second-story residential use shall be provided in assigned and reserved parking spaces, or through City approval of a shared or joint use agreement evidenced by a deed, lease, contract or other legal agreement. Reserved residential parking spaces shall not exceed the minimum city standard.

j.    Parking lot landscaping will meet or exceed minimum City standards.

I.    Industrial Employment Overlay District.

1.    Purpose and Applicability. The Industrial Employment Overlay District applies to all land zoned Light Industrial (IL) within the NorthWest Crossing Overlay District. The purpose of the Industrial Employment Overlay District is to provide for research or development of materials, methods, or products, and compatible light manufacturing, in a park-like setting.

2.    Uses Permitted. The following uses are permitted in the Industrial Employment Overlay District subject to the provisions of BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review.

a.    Scientific research or experimental development of materials, methods or products including engineering and laboratory research.

b.    Administrative, educational and other related activities and facilities in conjunction with a permitted use.

c.    Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials.

d.    Manufacture, assembly, and testing of electronic equipment, medical instruments and apparatus, optics, photographic equipment and supplies, musical instruments, related equipment and similar uses.

e.    Manufacture of food products, pharmaceuticals, and the like, but not including the production of fish or meat products, or fermented foods, such as sauerkraut, vinegar, or the like, or the rendering of fats and oils.

f.    Master Planned Development subject to the requirements of BDC Chapter 4.5.

g.    Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted.

h.    Enclosed storage facilities including mini-warehouse operations, which may include outdoor storage of vehicles, boats, and recreational vehicles screened from adjacent roadways.

i.    Printing, publishing and book binding.

j.    Motorized and nonmotorized vehicle repair, service and sales, provided wholly within an enclosed building.

k.    Bakery for wholesale and retail distribution.

l.    Creamery, soft drink or alcoholic beverage bottling plant and similar uses.

m.    Dwelling unit for a caretaker or watchman working on the property.

n.    Commercial laundry, dry cleaning and fabric dyeing.

o.    Motion picture and video production sound stages and studios, television or radio broadcasting studios.

p.    Warehouse and distribution or shipping center for prepared goods or packaged items.

q.    Park, open space, and recreational facilities.

r.    Public buildings and public utility structures and yards.

s.    Fitness facility or health center, to include child care for patrons only, showers, spa, bathrooms, related offices, related retail for exercise clothing and equipment and sale of refreshments.

t.    Veterinary clinics.

3.    Reserved.

4.    Height Standards.

a.    No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 45 feet.

5.    Lot Requirements. The following lot requirements shall be observed:

a.    Lot Area. Each lot shall have a minimum area of one-half acre.

b.    Lot Width. No requirements.

c.    Lot Depth. Each lot shall have a minimum depth of 100 feet.

d.    Front Yard. The front yard setback shall be a minimum of 20 feet.

e.    Side Yard. Side yard setback shall be a minimum of 10 feet except when abutting a lot in an “R” Zone and then the required side yard shall be 30 feet.

f.    Rear Yard. A rear yard setback shall be a minimum of 15 feet except when abutting a lot in an “R” Zone and then the rear yard shall be 30 feet.

g.    Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area.

h.    Site Plan Review and Design Review. The provisions of BDC Chapter 4.2 shall apply in the Industrial Employment Overlay District. The provisions of BDC 4.2.300 shall not apply in the Industrial Employment Overlay District; provided, that West Bend Property Company maintains design review standards and process consistent with the May 2003 NorthWest Crossing Rules and Design Guidelines.

i.    Off-Street Parking and Loading. Off-street parking and loading space shall be provided as required in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking.

6.    Other Required Conditions.

a.    In an Industrial Employment Overlay District directly across the street from an “R” Zone an off-street parking and loading area shall be set back at least 20 feet from the right-of-way, and said area shall be appropriately landscaped along the residential street frontage to protect the character of the adjoining residential property. Such landscaping shall be maintained.

b.    Other yards and unused property on a developed site shall be landscaped and maintained.

c.    Any use or portion thereof causing noise shall be performed in such a manner as not to create a nuisance or hazard on any adjacent property.

d.    Any use or portion thereof causing vibration shall be performed in such a manner as not to create a nuisance or hazard on any adjacent property.

e.    Any operation producing intense heat or glare shall be performed in such a manner as not to create a nuisance or hazard on adjacent property.

f.    There shall be no emission of odorous, toxic, noxious matter, or dust in such quantities as to be readily detectable at any point along or outside property lines so as to produce a public nuisance or hazard.

g.    All off-street parking or loading areas and access drives shall be surfaces with dust-free surface and shall be maintained.

J.    Final Determination of Overlay District Boundaries.

1.    When an Overlay District boundary abuts a right-of-way, the final determination of the District boundary shall be established at the time the abutting right-of-way is dedicated. [Ord. NS-2303, 2018; Ord. NS-2251, 2015; Ord. NS-2198, 2013; Ord. NS-2131, 2009; Ord. NS-2100, 2008; Ord. NS-2016, 2006; Ord. NS-2003, 2006; Ord. NS-1968, 2005; Ord. NS-1902, 2003; Ord. NS-1892, 2003; Ord. NS-1782, 2001]

2.7.330 NorthWest Crossing Special Street Standards.

A.    Figure 2.7.330.A depicts the street type, tentative street location and alignment in NorthWest Crossing. Table 2.7.330.B defines the standards to correspond to the street type shown in Figure 2.7.330.A. The precise street alignment shall be determined as tentative subdivision plans are submitted and approved. The NorthWest Crossing Street Type Plan, Figure 2.7.330.A, and the NorthWest Crossing Street Standards, Table 2.7.330.B, shall be applied to the NorthWest Crossing development as illustrated except when an alternate standard is permitted under this section or through the tentative plan approval process.

B.    Any City street standard adopted after the effective date of the ordinance codified in this chapter, which permits a lesser street standard, may be applied to NorthWest Crossing in conformance with the provisions of the new standard.

C.    Clear Vision Area. At local/local, stop controlled street intersections, the clear vision areas shall consist of a triangular area two sides of which are lot lines measured from the corner intersection on the street lot lines for a distance of 20 feet.

D.    Performance Standards for Local Residential Street “B.”

1.    Average daily traffic volumes on the local “B” street do not exceed 300 ADT.

2.    The street is connected to a grid street pattern at both block ends.

3.    Blocks shall have dedicated public alley access constructed to NorthWest Crossing standards.

4.    “No Parking” zones are established 55 feet from the centerline of intersecting local streets.

5.    For block lengths exceeding 300 feet, “No Parking” zones shall be established on both sides of the street spaced no greater than 250 feet apart. The “No Parking” zones shall be a minimum of 30 feet in length.

[Ord. NS-2266, 2016; Ord. NS-2198, 2013; Ord. NS-2131, 2009; Ord. NS-2100, 2008; Ord. NS-2016, 2006; Ord. NS-2003, 2006; Ord. NS-1980, 2005; Ord. NS-1968, 2005; Ord. NS-1892, 2003; Ord. NS-1782, 2001]

Article III. Dean Swift Refinement Plan Development Standards

2.7.400 Dean Swift Refinement Plan Development Standards. Revised 8/19

A.    Purpose. The Dean Swift Refinement Plan overlay is intended to implement the Dean Swift Neighborhood Plan concepts and to create special overlay zoning standards for the residential and mixed-use designations within the refinement plan area. The overlay standards will:

•    Provide a variety of housing types.

•    Locate higher densities near commercial corridors and services or along transit corridors.

•    Create opportunities for neighborhood-oriented services.

•    Ensure compatibility within the neighborhood and surrounding area.

•    Improve the local street grid for automobiles and pedestrian benefit.

•    Create a livable neighborhood for all ages.

The Dean Swift Refinement Plan area is approximately 29 acres in size. The area is intended to remain primarily residential in character and use. Through the refinement plan public process, approximately 2.05 acres of the total land area were identified for development as Mixed Employment. In addition, residential sub-areas within the neighborhood have been identified to create a transition between the commercial high use areas along Highway 20 and the established residential uses to the south. The sub-areas are shown on the attached map. The Dean Swift residential neighborhood will have an overall density between six and 21 units per acre. However, development standards and densities will be different within each sub-area.

B.    Use Standards. The special standards of the Dean Swift Refinement Plan area shall supersede the standards of the underlying zone. Where no special standards are provided, the applicable standards of the underlying zone shall apply.

1.    Modified RM Residential Overlay.

a.    Sub-area “A” is located along the north side of Carl and Don Streets and south of the Highway 20 Commercial District. Sub-area “A” does not extend to Purcell Boulevard. The purpose of this area is to provide a transition between the commercial development to the north along Highway 20 and the residential neighborhood. The development characteristics of sub-area “A” are as follows:

•    The residential density range is 10 to 21 units per gross acre.

•    The maximum building height is 40 feet.

•    Lot coverage has been increased to 50 percent to allow flexibility to develop higher residential densities.

•    Two locations within the sub-area have been designated for “live/work” development. This allows low impact commercial use on the ground floor of a building; provided, that an equal or greater area of residential use is provided on the upper floors.

b.    Sub-area “B” is located between Carl Street and Damascus Street, west of Dean Swift Road. The purpose of sub-area “B” is to provide a diversity of housing types in close proximity to goods and services. The development characteristics of sub-area “B” are as follows:

•    The residential density range for this sub-area is seven to 12 units per gross acre.

•    The minimum lot size in this sub-area is 4,500 square feet, except where zero lot line attached housing is proposed, the minimum lot size can be 2,000 square feet.

•    Lot coverage is increased to 45 percent to allow the flexibility for a variety of housing types.

•    The maximum building height is 35 feet.

c.    Sub-area “C” is located north of Bear Creek Road, south of Damascus Street along the west side of Dean Swift Road. A second area encompasses an existing single-family development lying south of Don Street and west of the north/south extension of “C” Street. This area represents a more traditional residential neighborhood. The development characteristics of sub-area “C” are as follows:

•    The residential density range for this sub-area is six to 10 units per gross acre.

•    The predominant housing type will be single-family except on corner lots where duplex and triplex units may be developed provided each duplex unit shall access and/or front on different streets.

•    Accessory dwelling units that are subordinate to the main home are encouraged.

•    The minimum lot size is 5,000 square feet.

•    On lots greater than 7,000 square feet, two detached homes may be built, provided all provisions of this code can be met.

•    The maximum lot coverage is 45 percent.

•    The maximum building height is 35 feet.

d.    Sub-area “D” is located at the northeast corner of Bear Creek Road and Dean Swift Road. This area shall be developed with multifamily housing. The development characteristics of sub-area “D” are as follows:

•    The residential density range for this sub-area is 12 units to 17 units per acre.

•    The predominant housing type shall be multifamily buildings not to exceed six units per building.

•    The maximum building height is 40 feet.

•    The maximum lot coverage is 45 percent.

e.    Sub-area “E” is located north of Bear Creek Road and west of Purcell Boulevard. This area shall be developed as a residential care facility. The development characteristics of sub-area “E” are as follows:

•    The predominant housing type shall be senior housing.

•    The maximum building height is 60 feet.

•    The maximum lot coverage is 55 percent.

•    The minimum number of vehicle parking spaces for residential care facilities is 0.8/unit.

f.    Lot Requirements. The lot requirements for the RM Zone as described in BDC Chapter 2.1 shall be observed unless specifically addressed by each sub-area or as indicated below.

i.    The minimum front yard setbacks within all sub-areas shall be five feet for buildings, except garages and carports shall be set back 18 feet. Corner lots will need to observe the clear vision setbacks in addition to the overlay setbacks. Uncovered porches and stoops may encroach into the setback a maximum of two feet.

ii.    Side and rear yard setbacks do not increase based on building height.

iii.    Vehicular access shall be from an alley where provided.

2.    Modified Mixed Employment Overlay.

a.    The permitted and conditional uses in the Mixed Employment Zone are very diverse. Some of the uses in the ME Zone could adversely impact the residential character of the Dean Swift neighborhood, thereby obstructing the intent and purpose of the overlay. For this reason, the overlay zone will restrict the permitted and conditional uses for this area. ME uses within the Dean Swift Refinement Overlay will be limited to the following permitted and conditional uses.

b.    Permitted Uses.

i.    Service commercial and retail uses, excluding drive-through service.

ii.    Professional office, excluding medical uses.

iii.    Residential housing located above or behind a permitted or conditional use.

iv.    Auto-related/auto-dependent uses when contiguous to a Commercial Zone.

c.    Conditional Uses.

i.    Commercial day nursery or day care facility that is not part of a service for employees of a permitted or conditional use.

d.    Service commercial, retail or office buildings greater than 5,000 square feet of gross floor area shall provide residential dwelling units above or behind the use at a ratio of two dwelling units per 5,000 square feet.

C.    Neighborhood Open Space. An area of land located in the southwest corner of the Plan area with frontage along Bear Creek Road has been designated as open space as shown on the Refinement Plan map. A natural rock outcrop elevates this area. The area would be difficult to develop for residential purposes and shall remain as natural open space unless it is combined with the contiguous property to the west for public use. The development potential for the preserved area may be transferred to the balance of the parcel for development.

D.    Street and Pedestrian Standards. All streets within the refinement area are designated as local streets. Bear Creek Road, designated as a minor arterial, and Purcell Boulevard, designated as a major collector, border the refinement area. All streets and pedestrian facilities shall be consistent with the requirements of the Bend Comprehensive Plan, the Zoning Ordinance and the Land Division Ordinance.

E.    Alleys. If private or public alleys are proposed within the refinement area, the alley way shall be a minimum of 20 feet in width with a minimum of 18 feet of paved travel surface. All alleys shall comply with emergency service access requirements.

F.    Pedestrian Corridors/Trails. Pedestrian corridors and trails shall be dedicated to the City on a final plat. The right-of-way width shall be 15 feet with a minimum 10-foot paved surface.

G.    Street Trees. Tall stature trees shall be planted along all street frontages within the Dean Swift Refinement area with the development of the adjacent properties. Those properties located within the flight path of the private airport located south of Bear Creek shall limit selection to tree species with a maximum mature height of 60 feet. Proposed street tree varieties shall be approved by the City prior to planting. The trees shall be planted a maximum of 30 feet apart. Trees shall be a minimum of two-inch caliper measured four feet above the ground at the time of planting. Maintenance of the street trees is the responsibility of the adjacent property owner.

H.    Fences. Walls and fences located within the front yard setbacks shall not exceed three and one-half feet in height. Taller fences or walls may be permitted along interior property lines after first obtaining the necessary permits.

I.    Lot Access. New lots within the Dean Swift Refinement Plan area shall utilize rear or side alley ways for vehicular access as designated on the circulation plan.

J.    Design Standards. The design standards are intended to provide detailed human-scale design to preserve the quaint character of the neighborhood while allowing flexibility to develop a variety of building types.

All single-family, multiple-family, mixed-use and commercial buildings must comply with all of the following standards. The illustrations provided are intended to show how to comply, not restrict building types. Other building types and designs can be used to comply so long as they are consistent with the design standards.

All buildings shall incorporate design features such as offsets, balconies, projections, window reveals, or similar elements to preclude large expanses of building surfaces.

1.    Detailed Design Elements. All buildings shall provide detailed design along all elevations (front, sides, and rear). A minimum of five architectural features shall be provided on the front elevation and a minimum of three architectural features shall be provided on the side and rear elevations selected from the following list of features:

a.    Dormers.

b.    Gables.

c.    Recessed entries.

d.    Covered porches.

e.    Cupolas or towers.

f.    Pillars or posts.

g.    Eaves with a minimum 12-inch projection.

h.    Window trim with a minimum four-inch width.

i.    Offsets in building face or roof by a minimum of 16 inches.

j.    Bay windows.

k.    Balconies.

l.    Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, board and batt, masonry).

[Ord. NS-2341, 2019; Ord. NS-2271, 2016; Ord. NS-2197, 2013; Ord. NS-2016, 2006; Ord. NS-1877, 2003]

Article IV. Medical District Overlay Zone

2.7.500 Medical District Overlay Zone.

2.7.510 Purpose and Applicability.

A.    Purpose. The purpose of the Medical District Overlay Zone is to allow for the continuation and flexible expansion of the hospitals, medical clinics and associated uses in a planned and coordinated manner. Flexibility is essential to allow existing and future uses to respond and adapt to changes in technology, the medical profession, and society as a whole. The primary uses in the Medical District Overlay Zone are hospitals and other medical clinics and uses. Related uses may be located within the hospital or clinic buildings or as independent uses within the overlay zone area. The overlay zone is intended to enhance the underlying zones of the Urban Medium Density Residential (RM) Zone, Urban High Density Residential (RH) Zone, and the Convenience Commercial (CC) Zone. The overlay zone standards will:

1.    Strengthen the role currently played by the Medical District area around 27th Street and Neff Road as a regional center for healthcare and related services.

2.    Provide flexibility within the underlying zones to allow medical uses.

3.    Allow limited commercial/retail uses to supplement the Medical District.

4.    Balance the need for residential development within the overlay zone to provide options for medical services development.

B.    Applicability. Provisions of this section apply to all property within the boundaries of the Medical District Overlay Zone as shown on the boundary map, Figure 2.7.550.F, and on the Bend Urban Area Zoning Map. These provisions modify existing standards of the City of Bend Zoning Ordinance, by applying requirements, limiting allowable uses, or allowing exceptions to general regulations. Where there is a conflict between the provisions of the Medical District Overlay Zone and those of other portions of the Zoning Ordinance, the provisions of this overlay district shall control. [Ord. NS-2301, 2017; Ord. NS-2016, 2006; Ord. NS-1914, 2004]

2.7.520 Permitted Land Uses.

A.    Permitted Uses. The land uses listed in Table 2.7.520 are permitted in each of the applicable districts, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 2.7.520, and land uses that are approved as similar to those in Table 2.7.520, may be approved.

B.    Determination of Similar Land Use. Similar land use determinations shall be made in conformance with the procedures in BDC 4.1.1400, Declaratory Ruling.

Table 2.7.520 Permitted Uses within the Medical Services District Overlay Zone 

Land Use

RM

RH

CC

Residential

All residential uses permitted or conditionally allowed in the applicable zoning district unless specifically listed herein

P/C

P/C

N

Public and Institutional

All public and institutional uses permitted or conditionally allowed in the applicable zoning district unless specifically listed herein

P/C

P/C

P/C

Hospitals

N

P

P

Commercial

All commercial uses permitted or conditionally allowed in the applicable zoning district unless specifically listed herein

N

N

P/C*

General office*

 

 

P*

In buildings built after April 2, 2004, office uses may occupy no more than 33% of the floor area*

P*

P*

 

In buildings built after April 2, 2004, offices may occupy more than 33% of the floor area*

C*

C*

 

Dancing and music schools

N

N

P

Mortuaries

N

N

P

Photographic studios

N

N

P

Hotels

P*

P*

P*

Service commercial uses up to 4,000 square feet gross floor area, excluding drive-through and auto-related and auto-dependent uses*

C*

C*

P

Eating and drinking establishments up to 4,000 square feet gross floor area in size*

C*

C*

P

Auto parts sales

N

N

N

Automobile service station

N

N

N

Minor auto repair

N

N

N

Medical offices/uses including a pharmacy

P

P

P

Miscellaneous Uses

Club, lodge and fraternal organization

N

N

C

Plant nursery

N

N

N

Timeshare units

N

N

N

Short-term rental

N

N

N

Wireless and broadcast communication facilities

See BDC Chapter 3.7

Key to Districts:

Key to Permitted Uses:

RM = Medium Density Residential

P = Permitted, subject to the provisions of BDC Chapter 4.1

RH = High Density Residential

N = Not Permitted

CC = Convenience Commercial

C = Conditional Use, subject to permit standards in BDC Chapter 4.4

*    Use has special development standards subject to BDC 2.7.540.

[Ord. NS-2301, 2017; Ord. NS-2240, 2015; Ord. NS-2158, 2011; Ord. NS-2016, 2006; Ord. NS-1914, 2004]

2.7.530 Development Standards.

A.    Height Regulations. No building or structure shall hereafter be erected, enlarged or structurally altered to exceed a height of 45 feet without approval of a variance.

B.    Lot Requirements. The following lot requirements shall be observed:

1.    Lot Area. For all dwelling units including single-family dwellings, two- and three-family housing, and multiple-family housing in the underlying RM Zone, the lot shall be a minimum area of 2,500 square feet for the first unit plus 2,000 square feet for each additional dwelling unit.

For all dwelling units including single-family dwellings, two- and three-family housing, and multiple-family housing in the underlying RH Zone, the lot shall be a minimum area of 2,500 square feet for the first unit plus 1,000 square feet for each additional dwelling unit.

For any other use there shall be no minimum lot area.

2.    Lot Width. For single-family dwellings, two- and three-family housing, and multiple-family housing the lot shall be a minimum width of 30 feet. This lot width may be reduced to 20 feet for lots in an approved zero lot line subdivision.

For any other use there shall be no minimum lot width.

3.    Front Yard. The minimum front yard setback shall be 10 feet except on corner lots where the clear vision clearance area requirements shall apply and, except when adjacent to a lot outside of the Medical District Overlay Zone, the front yard setback shall be same as the front yard setback required in the adjacent zone.

4.    Side Yard. The minimum side yard setback shall be five feet. The side yards shall be increased by one-half foot for each foot by which the building exceeds 15 feet in height.

For existing or development of new single-family detached housing the side yard setback shall be a minimum of five feet on each side.

The side yard setback distance for one or both sides may be waived for an approved zero lot line subdivision or partition.

5.    Rear Yard. The minimum rear yard setback shall be five feet except when adjacent to a lot outside of the Medical District Overlay Zone and then the rear yard setback shall be a minimum of 20 feet. The required rear yard setback shall be increased by one-half foot for each foot by which the building exceeds 15 feet in height.

6.    Side and rear yard setbacks for duplexes and triplexes are subject to standards in BDC 3.6.200(H), Duplex and Triplex Development.

7.    Lot Coverage. For single-family dwellings, two- and three-family housing, and multiple-family housing the lot coverage shall be a maximum of 50 percent.

For any other use there shall be no maximum lot coverage.

C.    Off-Street Parking. Off-street parking shall be provided as required in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking. [Ord. NS-2301, 2017; Ord. NS-2016, 2006; Ord. NS-1914, 2004]

2.7.540 Special Development Standards.

Within the Medical Services District Overlay Zone certain nonmedical uses are permitted or conditionally allowed within the RM and RH Zones. These uses are intended to support the medical services uses and their customers.

A.    Nonmedical Uses. Nonmedical uses excluding residential uses as specified in Table 2.7.520 shall be developed in conformance with the following special standards:

1.    Nonmedical uses may be allowed when accessory to a medical use building or development provided the gross floor area of the accessory use does not exceed 4,000 square feet in area for buildings less than 50,000 square feet. For medical buildings with a gross floor area greater than 50,000 square feet, no more than 10 percent of the gross floor area of the building may be occupied by an accessory nonmedical use, unless otherwise approved through a conditional use permit.

2.    Except for hotels, nonmedical uses may occur within the Medical Service District Overlay Zone as a stand-alone business provided the total gross floor area of any individual building does not exceed 4,000 square feet or, where more than one nonmedical use shares one building, the total building area does not exceed 8,000 square feet.

3.    Hotels may be developed as a stand-alone business within the Medical Service District Overlay Zone provided 75 percent of the guest rooms are designed and furnished for multi-night stays by providing in-unit amenities for sleeping, eating, cooking (more than a microwave), and sanitation.

B.    Standards for Commercial/Retail Uses and Eating and Drinking Establishments.

1.    Drive-up windows and/or drive-through services shall not be permitted.

2.    A restaurant, delicatessen, cafeteria, or coffee shop may include an outdoor seating/eating area, provided the outdoor area consists of an all-weather surface not greater than 900 square feet in gross floor area and screened from residentially zoned properties by a sight-obscuring hedge and/or fence as determined through the site plan review process.

3.    For service commercial/retail uses, hotels, and eating and drinking establishments as allowed in Table 2.7.520:

a.    There shall be no more than a total of eight acres of site area developed for stand-alone commercial/retail uses, hotels, and/or eating and drinking establishments within the Medical District Overlay Zone on residentially zoned land.

b.    Four of the allowable eight acres shall be located south of Neff Road and are in addition to the existing Commercial Convenience zoned property along 27th Street and Cushing Drive (Watt Way) and Medical Center Drive.

c.    The other four acres of allowable area shall be located north of Neff Road.

C.    Landscaping Requirements. The following standards shall apply to all new development:

1.    Street Trees. Street trees shall be planted along the frontage of all properties. Only street trees from a list maintained by the City shall be planted. Street trees shall be planted a maximum of 30 feet on center. Trees shall be a minimum of two-inch caliper measured four feet from ground level.

2.    Buffering. The City may require additional landscaping within setback areas to mitigate adverse noise, light, glare, and aesthetic impacts to adjacent residential properties from new development. [Ord. NS-2301, 2017; Ord. 2209-NS, 2013; Ord. NS-2016, 2006; Ord. NS-1914, 2004]

2.7.550 Architectural Design Standards.

The design standards are intended to provide detailed human-scale design to preserve the character of the area and surrounding neighborhoods while allowing flexibility to develop a variety of building types.

A.    Detailed Design Elements. The following standards shall be met for all new development. A design feature used to comply with one standard may be used to comply with another standard.

1.    Design of Small-Scale Buildings. All buildings under 20,000 square feet in size shall provide detailed design along all elevations (front, sides, and rear). A minimum of five architectural features shall be provided on the front elevation and a minimum of three architectural features shall be provided on the side and rear elevations selected from the following list of features:

a.    Dormers.

b.    Gables.

c.    Recessed entries.

d.    Covered porches.

e.    Cupolas or towers.

f.    Pillars or posts.

g.    Eaves with a minimum 12-inch projection.

h.    Window trim with a minimum four-inch width.

i.    Offsets in building face or roof by a minimum of 16 inches.

j.    Bay windows.

k.    Balconies.

l.    Decorative patterns on exterior finish (e.g., scales/shingles, wainscoting, board and batt, masonry).

2.    Design of Large-Scale Buildings and Developments. The standards in subsection (A)(2)(c) of this section shall apply to “large-scale buildings and developments,” as defined in subsections (A)(2)(a) and (b) of this section:

a.    Individual buildings with more than 20,000 square feet of enclosed ground-floor space (i.e., “large-scale”). Multi-tenant buildings shall be counted as the sum of all tenant spaces within the same building shell; and

b.    Multiple-building developments with a combined enclosed ground-floor space more than 40,000 square feet (e.g., shopping centers, public/institutional campuses, and similar developments).

c.    All large-scale buildings and developments, as defined in subsections (A)(2)(a) and (b) of this section, shall provide human-scale design by conforming to all of the following criteria:

i.    Incorporate changes in building direction (i.e., articulation), and divide large masses into varying heights and sizes, as shown in Figures 2.7.550.C and 2.7.550.D. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees, small-scale lighting (e.g., wall-mounted lighting), and similar features.

ii.    Every building elevation adjacent to a street with a horizontal dimension of more than 100 feet, as measured from end-wall to end-wall, shall have a building entrance; except that building elevations that are unable to provide an entrance due to the internal function of the building space (e.g., mechanical equipment, areas where the public or employees are not received, etc.) may not be required to meet this standard. Pathways shall connect all entrances to the street right-of-way.

Note: The illustrations provided are intended to show how to comply, not restrict building types. Other building types and design can be used to comply so long as they are consistent with the design standards.

Figure 2.7.550.A

Examples of Architectural Details (Typical)

Figure 2.7.550.B

Examples of Architectural Details: Townhomes and Multifamily (Typical)

Figure 2.7.550.C

Design of Large-Scale Buildings and Developments (Typical)

Figure 2.7.550.D

Design of Large-Scale Buildings and Developments (Typical)

Note: The examples shown above are meant to illustrate examples of these building design elements, and should not be interpreted as a required design style.

B.    Building Height Transition.

1.    This standard applies to new and vertically expanded buildings on property located in the Medical District Overlay Zone within 100 feet of the boundary of the overlay zone and new or vertically expanded buildings adjacent to properties developed with single-story residential uses within the Medical District Overlay Zone, except that this standard shall not apply to new or vertically expanded single-family detached houses.

2.    Any new or vertically expanded building, meeting the applicability criterion above, within 20 feet (as measured horizontally) of an existing single-story building with a height of 25 feet or less, as shown in Figure 2.7.550.E, shall meet the building height transition requirements.

3.    To provide compatible building scale and privacy between developments, buildings taller than 25 feet shall “step-down” to create a building height transition to adjacent single-story building(s).

4.    The building height transition standard is met when the height of the taller building (“x”) does not exceed one foot of height for every one foot separating the two buildings (“y”), as shown in Figure 2.7.550.E.

Figure 2.7.550.E

Building Height Transition

Figure 2.7.550.F

Medical District Overlay Zone Boundary

[Ord. NS-2301, 2017; Ord. NS-2016, 2006; Ord. NS-1914, 2004]

Article V. Waterway Overlay Zone (WOZ)

2.7.600 Waterway Overlay Zone (WOZ).

2.7.610 Purpose.

A.    Purpose. The Deschutes River and Tumalo Creek stream corridors within the urban growth boundary of the City of Bend are valuable economic, recreational, scenic and natural resources for the community. The Waterway Overlay Zone (WOZ) is inclusive of all special purpose provisions that pertain to these stream corridors. The WOZ is intended to conserve and enhance the natural resource values of areas along the Deschutes River and Tumalo Creek within the City by:

•    Recognizing and respecting the unusual natural beauty and character of the City’s major waterways;

•    Protecting and enhancing water quality for human use and aquatic life;

•    Conserving and restoring habitat for wildlife, fish and other aquatic life;

•    Conserving wetlands;

•    Controlling erosion and reducing the effects of flooding;

•    Improving coordination between the City and agencies regarding development activities near waterways;

•    Promoting development that is compatible with the purposes of the WOZ;

•    Promoting the preservation and restoration of native riparian vegetation;

•    Maintaining the scenic quality of the canyon and rimrock areas along these waterways;

•    Conserving and protecting property values; and

•    Encouraging development, preservation and enhancement of reasonable public access to major waterways for recreational use and visual enjoyment.

B.    Applicability. Provisions of this section apply to all property within the boundaries of the WOZ as shown on the Bend Urban Area Zoning Map and consistent with WOZ boundary determination procedures of subsection (C) of this section. Many parcels within the WOZ are affected by more than one sub-zone. Where this is the case, applicable development standards for each sub-zone shall apply within that sub-zone’s boundaries. Standards of this section shall apply in addition to applicable standards of the underlying zone. Where there are conflicts between sub-zone standards, the more restrictive standards shall control. The WOZ includes the following sub-zones which are included in this chapter as BDC 2.7.620 through 2.7.650:

1.    Riparian corridor.

2.    Deschutes River Corridor Design Review.

3.    River Corridor Areas of Special Interest.

4.    Floodplain.

C.    WOZ Boundary Determination. The WOZ boundary is inclusive of all WOZ sub-zones, as specified in this section. Except for the River Corridor Areas of Special Interest and the Floodplain Sub-Zone, the boundary of all sub-zones shall be determined by distance measurement from the designated waterway. The boundary for the River Corridor Areas of Special Interest Sub-Zone is designated on the Bend Comprehensive Plan Map, and shall be considered to be the outer (upland) edge of the mapped boundary line. Unless otherwise provided for specific WOZ sub-zones, boundary measurements shall be made from the ordinary high water mark. Distance measurements shall be made horizontally and at right angles to the edge of the waterway.

D.    Tree Removal.

1.    Removal. Consistent with the purposes of this section, and because trees contribute to the overall health of the riparian corridor, removal of existing trees greater than four inches in diameter within the WOZ is prohibited, except as follows:

a.    Where necessary to accommodate an approved development activity; or

b.    Where the tree is determined by a qualified professional to be diseased or hazardous; or

c.    Where necessary to mitigate potential fire hazard in accordance with the Fire Protection Act of 1997.

2.    Findings. Tree removal under this subsection may be authorized by the Review Authority, based on findings demonstrating conformance with criteria in subsection (D)(1)(a), (b), or (c) of this section. Where tree removal is proposed apart from an approved development activity, the Review Authority may authorize removal as a development action. If no hazard will be created, a tree or snag requested for removal may be required to be left in place as wildlife habitat.

E.    Review Process.

1.    State Agency Coordination. Within the WOZ, the State of Oregon has jurisdiction over certain development activities. In order to ensure coordination between the City of Bend and affected State agencies, notice of proposed activities within the WOZ will be provided to the Division of State Lands, the Oregon Department of Fish and Wildlife, the Oregon Parks and Recreation Department, and the Department of Environmental Quality, in accordance with provisions of BDC 4.1.245, Notice to Public Agencies.

2.    Application Information. In addition to application information required under BDC 4.1.220, Application Requirements, an application for a development or land use action within the WOZ shall include the following:

a.    A detailed written explanation of the proposal, including the location, amount, and type (species) of any vegetation to be removed or planted, and any material to be graded, excavated, or filled.

b.    An explanation of why any proposed grading, excavation, or fill of material and/or vegetation is necessary.

c.    A site plan drawn to scale, accompanied by such drawings, sketches, photos, and descriptions as are necessary to describe and illustrate the proposed activity. The site plan shall, at a minimum, include:

•    Any proposed structures or impervious surfaces on the site;

•    Location of property lines, easements, existing and proposed structures;

•    Identification of existing vegetation on the site, indicating areas of native and nonnative plant species;

•    Any proposed modifications to existing vegetation;

•    A grading and drainage plan, showing existing and proposed site contours at two-foot intervals, or less;

•    All applicable WOZ sub-zone boundaries;

•    Location of the ordinary high water mark;

•    Location of designated wetlands on or abutting the site; boundaries of designated wetlands shall be delineated using methods accepted by the Oregon Division of State Lands;

F.    Enforcement and Penalties. In addition to the enforcement and penalty provisions of BDC Chapter 1.3, Enforcement, the Review Authority may require the replacement of vegetation removed in violation of the Waterway Overlay Zone. The City may require greater than one-to-one replacement. The amount of replacement trees, shrubs and ground cover shall be determined by the area of removed vegetation. The property owner shall enter into a mitigation agreement plan approved by the City. The mitigation plan shall include:

1.    Mitigation Plan. A plan providing for the planting and maintenance of the replacement vegetation. The plan shall make provisions for the replacement of plants that die within three years of planting.

2.    Agreement. Failure to enter into a mitigation agreement plan as required by this section or failure to comply with any condition of that plan shall be a Class A civil infraction. Such failure shall be a separate infraction each day the failure to comply continues. In addition, the City may refuse to accept any development permit application for the subject property or stop work on any development approved for the subject property until an acceptable mitigation plan has been executed or complied with.

3.    Relief. In addition to monetary penalties, the City may seek injunctive relief to require the property owner or other responsible party to restore the property to the conditions prior to the violation. The injunctive relief may include imposition of a mitigation plan.

G.    Replacement of Existing Structures. Notwithstanding other provisions to the contrary in the City of Bend Zoning Ordinance, in the event that an existing structure is partially or entirely damaged or destroyed by fire, natural disaster or other casualty, the subject structure may be repaired or replaced in the same location; provided, that additional riparian surface area is not disturbed. A property owner who has been convicted of any degree of arson (including inchoate offenses) in relation to a fire that damages or destroys the subject structure will not be permitted to utilize this section as a basis for rebuilding the damaged or destroyed structure. [Ord. NS-2016, 2006; Ord. NS-1931, 2004; Ord. NS-1846, 2002]

2.7.620 Riparian Corridor Sub-Zone.

A.    Riparian Corridor Boundary. The width of the Riparian Corridor Sub-Zone adjacent to various waterway segments is specified in Tables 2.7.620.A, 2.7.620.B and 2.7.620.C. Boundary distances shall be measured from the ordinary high water mark, or from the upland edge of any designated wetlands, whichever is more landward. For purposes of riparian corridor boundary determination, steep slopes are considered to exist in an area having:

•    Sixty percent or greater slope; and

•    A vertical rise of 20 feet or more; and

•    A continuous horizontal length of 50 feet or more.

Table 2.7.620.A – West Side Riparian Corridor Boundary: Deschutes River 

Deschutes River – West Side

Distance

From the South UGB line to the COID intake

30/75 feet1

From the COID intake to the Southern River Crossing alignment

30/50 feet2

From the Southern River Crossing alignment to the north boundary of McKay Park

40 feet

From the north boundary of McKay Park to the Tumalo Irrigation District intake (south boundary of Block 15, Awbrey Heights Subdivision)

30 feet

From the Tumalo Irrigation intake (south boundary of Block 15, Awbrey Heights Subdivision) to the Mt. Washington Drive bridge

30/50 feet3

From the Mt. Washington Drive bridge to the south boundary of Sawyer Park

30 feet

From the south boundary of Sawyer Park to the north UGB line

30/50 feet4

1    Where steep slopes are present within 75 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 75 feet horizontally of OHW, the riparian corridor boundary is 75 feet from OHW.

2    Where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.

3    Between the River’s Edge Golf Course and the Mt. Washington Dr. bridge, where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.

4    Where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.

Table 2.7.620.B – East Side Riparian Corridor Boundary: Deschutes River 

Deschutes River – East Side

Distance

From the South UGB line to the COID intake

30/75 feet1

From the COID intake to the Southern River Crossing alignment

30/50 feet2

From the Southern River Crossing alignment to the south boundary of the Mill Addition subdivision

40 feet

From the south boundary of the Mill Addition subdivision to the north boundary of the Bend Riverside Motel Condominiums

30 feet

From the north boundary of the Bend Riverside Motel Condominiums to the Mt. Washington Drive bridge

30/40 feet3

From the Mt. Washington Drive bridge to the south boundary of Sawyer Park

30 feet

From the south boundary of Sawyer Park to the north UGB line

30/50 feet4

1    Where steep slopes are present within 75 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 75 feet horizontally of OHW, the riparian corridor boundary is 75 feet from OHW.

2    Where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.

3    Between the North Unit Dam and the Mt. Washington Dr. bridge, where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.

4    Where steep slopes are present within 50 feet horizontally of OHW, the riparian corridor boundary is 30 feet from OHW. Where steep slopes are not present within 50 feet horizontally of OHW, the riparian corridor boundary is 50 feet from OHW.

Table 2.7.620.C – Riparian Corridor Boundary: Tumalo Creek

Tumalo Creek – Both Sides

Distance

Entire segment inside City limits

50 feet

B.    Activities Subject to Review and Approval. Within the Riparian Corridor Sub-Zone, permanent alteration by grading, removal of native vegetation, excavation or fill of soils or rocks, or by placement of structures or impervious surfaces is prohibited, except as provided in subsections (C), (E), (F) and (G) of this section.

C.    Land Use Actions. The following may be approved within the riparian corridor by the Review Authority as a land use action:

1.    Streets, roads, bridges and driveways.

2.    Hard surface pedestrian and bicycle paths, unpaved trails, and boardwalks.

3.    Public and private utility transmission and distribution lines, including irrigation pumps and facilities, and drainage facilities.

4.    Water-related and water-dependent uses, including parks, interpretive areas, and viewpoints.

5.    Maintenance or repair of existing streets, roads, paths, and lawfully existing structures that involves grading, fill, or excavation of more than 10 cubic yards of material, including vegetation.

6.    Restoration of the riparian corridor, including site grading and re-contouring, when carried out in conformance with an approved restoration plan (see subsection (E) of this section).

D.    Approval Criteria for Land Use Actions. The Review Authority may approve a land use permit for uses listed in subsection (C) of this section, based on findings that the following criteria are satisfied:

1.    All necessary State and Federal permits have been obtained, or will be obtained by the applicant, as a condition of approval.

2.    The proposed development or activity is designed and constructed to minimize intrusion into the riparian corridor. This criterion shall not preclude placement of permitted uses in the riparian corridor at intervals and locations for purposes of providing reasonable public access to, and views of, the waterway. The following shall be specifically addressed in demonstrating conformance with this criterion:

a.    Removal of riparian vegetation shall be limited to the minimum amount necessary to accommodate the proposed use; any vegetation removed in excess of this standard shall be nonnative species. The proposal shall specify replacement of that vegetation with riparian species that are native to the Bend area, and similar to existing plant species in the vicinity (excluding noxious weeds as identified by the Deschutes County Soil and Water Conservation District).

b.    Any proposed construction shall be designed in such a manner as to minimize adverse impacts upon a designated wetland, native riparian vegetation, fish and wildlife habitat and water quality within this sub-zone.

c.    Erosion within the riparian corridor shall be prevented during and after construction by the use of mulch, erosion blankets, debris fencing, or similar preventative practices.

d.    Demonstrate that surface runoff from impervious areas will not flow unfiltered or untreated into the adjacent waterways.

E.    Restoration Plan. The Review Authority may require that a restoration plan be prepared by a qualified professional and submitted with an application for a development or land use action within the Riparian Corridor Sub-Zone. The Review Authority may require that the applicant post a performance bond in an amount sufficient to ensure fulfillment of an approved planting plan. A restoration plan shall demonstrate conformance with criteria of subsection (D) of this section; the plan shall include the following elements, in addition to those items required under BDC 2.7.610(E)(2):

1.    The location, type, and volume of material to be graded, dredged, filled, or removed.

2.    Identification of existing walls, riprap, or previously filled steep slopes to be altered or removed.

3.    Location, species, and amounts of existing vegetation to be removed.

4.    A detailed planting plan for any site area where vegetation is proposed to be removed or replaced.

5.    A plan to maintain new vegetation.

a.    The restoration plan shall indicate the minimum grading, dredging, or excavation necessary for any proposed activity. Bio-engineered bank stabilization measures may be required by the Review Authority.

b.    Species of vegetation to be planted shall be well suited to soil types and slopes. Limited use of nonnative species may be approved on an interim basis where necessary to retain soils, prevent noxious weeds, or otherwise facilitate the establishment of native species. The plan shall indicate replacement of all nonnative vegetation with native species within a maximum period of five years from the date of approval.

c.    The plan shall indicate maintenance measures for new vegetation sufficient to ensure successful establishment, including irrigation methods, surface water containment, and measures to prevent overspray of herbicides and pesticides.

F.    Exempt Activities. The following activities are exempt from review within the Riparian Corridor Sub-Zone:

1.    Normal maintenance of yards and landscaped areas with existing plantings of lawns, ornamental plants, and other nonnative vegetation.

2.    Normal maintenance and repair of lawfully existing buildings, structures, streets, roads, bridges, dams, paths, utilities, drainage facilities, and irrigation pumps and facilities.

3.    Alterations of lawfully existing buildings or accessory structures that do not increase building coverage within the Riparian Corridor Sub-Zone.

4.    Removal of nonnative vegetation and noxious weeds, as identified by the Deschutes County Soil and Water Conservation District, and replacement in equal or greater volume with species that are native to the Bend area and similar to existing plant species in the vicinity.

5.    Tree removal in accordance with BDC 2.7.610(D).

6.    In all instances exempted above, related disturbance inherent to the exempted activity and intrusion into the riparian area shall be kept at a minimum.

G.    Exceptions.

1.    Exemptions. The following exceptions to applicable standards of the Riparian Corridor Sub-Zone may be authorized by the Review Authority as a land use action:

a.    A legally created lot or parcel which is located entirely within the Riparian Corridor Sub-Zone may be developed with permitted uses, subject to the applicable land use review, in a manner that will have the least impact to inventoried resources of the riparian corridor.

b.    Required yard setback distances may be reduced when such reduction is necessary to enable a proposed structure to be placed outside the Riparian Corridor Sub-Zone.

c.    Structures and impervious surfaces may be placed within the Riparian Corridor Sub-Zone when the Review Authority, in consultation with the Oregon Department of Fish and Wildlife, determines that the proposal will provide equal or better protection of riparian resources than would be achieved by excluding the proposed improvements from the sub-zone. Equal or better protection of riparian resources shall be ensured through restoration of riparian areas, enhanced buffer treatment, or similar measures. In no case shall such alterations occupy more than 50 percent of the width of the Riparian Corridor Sub-Zone on properties upstream of the COID intake; alterations shall not occupy more than 40 percent of the width of the Riparian Corridor Sub-Zone downstream of the COID intake. [Ord. NS-2016, 2006]

2.7.630 River Corridor Areas of Special Interest Sub-Zone.

A.    Approval Criteria. Proposed development or land use actions on property subject to the River Corridor Areas of Special Interest Review shall be subject to the following provisions:

1.    The proposal shall be designed and constructed so as to maintain the integrity of the existing natural features and biological system by utilizing exterior building materials that have earth tone colors. Removal of native vegetation shall be limited to the minimum amount necessary to accommodate the proposed development or land use action; any vegetation removed in excess of this standard shall be nonnative species.

2.    Structures located along the canyon rim of the river shall be set back a minimum of 30 feet from the River Corridor Area of Special Interest boundary for a building 20 feet or less in height. For buildings over 20 feet in height, the building shall set back one additional foot for every additional foot over 20 feet. The maximum building height shall not exceed that of the underlying zone.

3.    The permanent alteration of a River Corridor Area of Special Interest by grading, excavation or fill, the placement of structures or impervious surfaces, or by the removal of existing vegetation is only permitted as authorized within the Riparian Corridor Sub-Zone, or as provided as follows:

a.    Streets and Crossings. Public or private streets and river crossings may be placed within a River Corridor Area of Special Interest to access development activities if it is shown that no other practicable method of access exists. If allowed, the applicant shall demonstrate that:

i.    No other practicable access to the buildable area exists, or access from an off-site location through the use of easements is not possible;

ii.    Roads and driveways are designed to be the minimum width necessary and the minimum intrusion into the River Corridor Area of Special Interest while also allowing safe passage of vehicles and/or pedestrians;

b.    Utilities, Irrigation Facilities, and Drainage Facilities. Public and private utilities, irrigation facilities, or drainage facilities may be placed within a River Corridor Area of Special Interest when it is shown that no other practicable alternative location exists. If allowed, the applicant shall demonstrate that:

i.    No other practicable access exists or access from an off-site location through the use of easements is not possible;

ii.    The corridor necessary to construct utilities shall be the minimum width practicable;

iii.    Removal of existing trees and native vegetation shall be avoided unless absolutely necessary;

iv.    Minimal visual impact to the river corridor will result from the construction of the facility.

c.    Removal of Vegetation. Removal of existing vegetation from a River Corridor Area of Special Interest is prohibited, except as indicated below:

i.    Existing trees may be removed as provided in BDC 2.7.610(D).

ii.    The removal of noxious weeds and nonnative grasses (e.g., knap weed, toad flax or cheat grass) is encouraged when practicable with minimal disturbance to the ASI.

iii.    The removal of existing vegetation, other than trees, when the amount of vegetation removed is the minimum necessary to reduce fire fuels as determined by a qualified professional.

d.    Enhancement of a River Corridor Area of Special Interest. Planting of additional vegetation within a River Corridor Area of Special Interest is permitted as indicated below:

i.    Plant materials that are or will be visible from the river shall be native to Central Oregon and similar to the existing plant species in the vicinity of the River Corridor Area of Special Interest.

B.    Development Credit. When an applicant preserves a River Corridor Area of Special Interest, the development potential for the preserved area may be transferred to the balance of the parcel for development or applied to the subject property as indicated below:

1.    For residential lands where the property owner preserves a River Corridor Area of Special Interest, the property owner shall receive a density credit equivalent to the area being preserved as determined through the land use permit process.

2.    Where the applicant preserves a River Corridor Area of Special Interest, the property owner may initiate one or more of the activities listed below; provided, that the compensation does not exceed the benefit of the ASI protection as determined through the land use permit process.

a.    Substitute the area of the preserved ASI as the equivalent required on-site landscaping;

b.    Receive up to 10 percent reduction in the required on-site parking spaces;

c.    Reduce the front yard setback up to 50 percent of the standards required for the applicable zone.

3.    For subdivision development, where the applicant proposes to preserve a River Corridor Area of Special Interest, the property owner may apply the PUD development standards to the subject property without the additional CUP application.

C.    Exceptions. An exception to the provisions of the River Corridor Areas of Special Interest sub-zone may be permitted as provided below:

1.    For existing legal lots where the location of a River Corridor Area of Special Interest results in a lot depth for a single-family dwelling of 50 feet or less or a building envelope of 800 square feet or less, the front and side yard setbacks may be reduced up to 50 percent of the standard required for the applicable zone.

2.    For existing residential lots where the entire lot is located within an ASI, the property may be developed with permitted uses, subject to the applicable land use review, in a manner that will have the least impact to the ASI.

3.    For the construction of public trails or paths that provide public access into the preserved River Corridor Areas of Special Interest.

4.    For lots or parcels existing prior to the adoption of this code, where there are buildings on both of the abutting lots with canyon rim setbacks less than the required depth, the setback need not exceed the average setback on the abutting buildings. If there is a building on only one abutting lot or parcel with a setback less than the required setback depth, the setback need not exceed the average of the setback of the abutting building and the required setback.

D.    River Corridor Areas of Special Interest Mitigation Requirements.

1.    Proposed development or land use actions in the River Corridor Areas of Special Interest Sub-Zone may trigger a requirement for mitigation. The purpose of mitigation is to restore the value of the visual resource lost due to development activity. It is the burden of the applicant to demonstrate how mitigation restores visual significance. When a proposal impacts a River Corridor Area of Special Interest by grading, excavation, or fill, the placement of structures or impervious surfaces, or by the removal of vegetation, a mitigation plan prepared by a qualified professional shall be submitted to the Review Authority. The mitigation plan shall include the following:

a.    The location of the impact;

b.    Existing conditions and size of the resource area prior to impact;

c.    Location and size of the proposed mitigation area.

2.    The mitigation plan shall be approved by the Review Authority upon finding conformance with the following criteria:

a.    Proposed vegetation to be removed shall be replaced on the site at a ratio of at least 1:1;

b.    All proposed vegetation planted within the mitigation area shall be native to the region and similar to the vegetation to be removed;

c.    Additional mitigation measures may be required, based on the nature of the impact, such as:

•    Site reclamation;

•    Screening of structures, cuts or fills;

•    Increased vegetative quantities and/or sizes.

E.    Standards for Designating Additional River Corridor Areas of Special Interest.

1.    Any individual or organization may apply for designating new River Corridor Areas of Special Interest. Designation of new areas shall be coordinated with the affected property owners. A “River Corridor Area of Special Interest” designation may be applied or modified pursuant to BDC 2.7.700(G). A new designation shall be processed as a map amendment to both the Bend Comprehensive Plan and Zoning Maps pursuant to BDC Chapter 4.1, Development Review and Procedures, and this section. [Ord. NS-2271, 2016; Ord. NS-2016, 2006]

2.7.640 Floodplain Combining Zone.

A.    Purpose. It is the purpose of this zone to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1.    To protect human life and health;

2.    To minimize expenditure of public money and costly flood control projects;

3.    To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.    To minimize prolonged business interruptions;

5.    To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;

6.    To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazards so as to minimize future flood blight areas;

7.    To ensure that potential buyers are notified that property is in an area of special flood hazard; and

8.    To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

B.    Application of FP Zone.

1.    The FP Combining Zone shall apply to the areas identified on the Flood Insurance Rate Map (FIRM) as special flood hazard areas inundated by 100-year flood and floodway areas. The FIA Flood Insurance Study for “Deschutes County, Oregon and Incorporated Areas” and the FIRM map dated September 28, 2007, are hereby adopted and by this reference included herein. The Flood Insurance Study is on file at the Planning Division. The A and AE Zones shown on the FIRM map are hereby zoned FP.

2.    The Planning Director is hereby appointed to administer and implement the Floodplain Combining Zone by granting or denying development permit applications in accordance with its provisions. Duties and responsibilities of the Planning Director shall include, but not be limited to:

a.    Review all development permits to determine that the permit requirements of this code have been satisfied.

b.    Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required.

c.    Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection (M)(1) of this section are met.

d.    Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). A person contesting the location of the special flood hazard boundary shall be given an opportunity to seek a declaratory ruling or to appeal the interpretation as provided in BDC Chapter 4.1.

3.    When base flood elevation data has not been provided on the FIRM, the Planning Director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer this section.

4.    Information to Be Obtained and Maintained.

a.    Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or required as in subsection (B)(3) of this section, verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

b.    For all new or substantially improved floodproofed structures, verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed and maintain the floodproofing certifications required in subsection (G)(2) of this section.

C.    Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This code does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This code shall not create liability on the part of the City of Bend, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this code or any administrative decision made hereunder.

D.    Alteration of Watercourses.

1.    Prior to any alteration or relocation of a watercourse, notice of the proposed alteration shall be given to affected, adjacent communities and appropriate State agencies such as the Department of Land Conservation and Development and the State Department of Water Resources. The Planning Director shall also submit evidence of such notification to the Federal Insurance Administration.

2.    The applicant shall maintain the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

E.    Permit for Use or Development in an FP Zone. No development shall occur in an FP Zone unless a permit has been received for the work. Except for improvement of an existing structure which is less than substantial, as determined by the City, no permit shall be issued unless the work will be reasonably safe from flooding, otherwise complies with this code, and all necessary State, Federal, and local permits will be obtained as a condition of approval on any permit in an FP Zone. The following information shall be submitted with the permit application:

1.    The location of the property with reference to channel stations and flood profile elevations.

2.    The existing topography and proposed grading plan for the property. Contour intervals shall not be more than one-foot for ground slopes up to five percent and, for areas immediately adjacent to a stream, two-foot for ground slopes between five and 10 percent, and five-foot for greater slopes.

3.    The location of existing and proposed diking or revetments, if any.

4.    Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study, FIRM, or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher flood insurance rates.

F.    Structural Elevation Data Required.

1.    A building permit application for substantial improvement to an existing structure or for a new structure within an FP Zone shall contain the following data referenced to mean sea level:

a.    The level of the lowest habitable floor and of any basement floor whether or not intended to be habitable. This information shall be submitted on FEMA Form 81-31.

b.    The level to which the structure is to be floodproofed, if applicable.

2.    A statement which notes whether the structure contains a basement.

3.    The information required by this subsection shall be maintained in the files of the Building Department with the subject building permit.

G.    Regulation of Structures in an FP Zone.

1.    Residential Construction.

a.    New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated a minimum of one foot above base flood elevation.

b.    Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

i.    A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

ii.    Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

iii.    The bottom of all openings shall be no higher than one foot above grade.

2.    Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

a.    Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

b.    Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

c.    Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the City’s Building Official.

d.    Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (G)(1)(b) of this section.

e.    Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).

3.    Crawlspace Construction. Below-grade crawlspaces are allowed subject to the following standards as found in FEMA Technical Bulletin 11-01, Crawlspace Construction for Buildings Located in Special Flood Hazard Areas:

a.    The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed through the required openings stated in subsection (G)(3)(b) of this section. Because of hydrodynamic loads, crawlspace construction is not allowed in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer. Other types of foundations are recommended for these areas.

b.    The crawlspace is an enclosed area below the base flood elevation (BFE) and, as such, must have openings that equalize hydrostatic pressures by allowing the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade.

c.    Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE.

d.    Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters.

e.    The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade.

f.    The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four feet at any point. The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas.

g.    There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event. The type of drainage system will vary because of the site gradient and other drainage characteristics, such as soil types. Possible options include natural drainage through porous, well-drained soils and drainage systems such as perforated pipes, drainage tiles or gravel or crushed stone drainage by gravity or mechanical means.

h.    The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

4.    Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones AH or AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (I)(2) of this section.

5.    Recreational Vehicles. Recreational vehicles placed on sites are required to either:

a.    Be on the site for fewer than 180 consecutive days;

b.    Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

c.    Meet the requirements of subsection (G)(3) of this section and the elevation and anchoring requirements for manufactured homes.

H.    Construction Materials and Methods.

1.    All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

2.    All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

3.    Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

I.    Anchoring.

1.    All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

2.    All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques).

J.    Land Development Standards in a Flood Hazard Area.

1.    In addition to the terms of subsections (J) and (K) of this section, a subdivision or other land development, including all utility facilities, within an FP Zone shall be designed, located, and constructed to minimize flood damage, including special provisions for adequate drainage to reduce exposure to flood hazards.

2.    A land development which will alter or relocate a watercourse shall be designed, constructed and maintained to retain the flood carrying capacity of the watercourse.

3.    Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less).

K.    Manufactured Home Development Standards.

1.    All manufactured homes to be placed or substantially improved within Zones AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection (I)(2) of this section.

2.    The placement of a manufactured home in the floodway is prohibited.

L.    Utilities Standards in a Flood Hazard Area.

1.    A public utility or facility associated with a land development within a FP Zone shall be designed, located and constructed to minimize or eliminate flood damage and to avoid raising the water elevation in a regulatory floodway.

2.    Any new or replacement water supply system shall be designed, located and constructed to minimize or eliminate infiltration of floodwaters into the system.

3.    Any new or replacement sewerage system shall be designed, located and constructed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into the floodwaters.

M.    Floodways. Located within areas of special flood hazard established in subsection (B)(1) of this section, Application of FP Zone, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1.    Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional civil engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

2.    If subsection (M)(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of subsection (G) of this section, Regulations of Structures in an FP Zone.

N.    Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

O.    Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.

P.    Technical Variances. A technical variance from the requirements of this section may be granted by the Hearings Body for new construction and for improvements to existing structures which could not otherwise be authorized, provided the construction or improvements are to be erected or installed on a parcel of land one-half acre or less in size, contiguous to or more or less surrounded by lots with existing structures constructed below the minimum floor elevation established for flood protection purposes. A parcel of land in excess of one-half acre in single ownership on the effective date of the ordinance codified in this code is not excluded from the granting of a technical variance, but the burden of proof required for issuing the variance increases as the size of the property under single ownership increases, and the variance shall be granted only if required to equalize circumstances, considering previously developed land adjacent to the parcel for which a variance is sought.

Q.    Historic Variance. A variance for historic preservation may be granted for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

R.    Other Variances. All other variance applications shall be considered according to the terms of BDC Chapter 5.1.

1.    Applicants for a variance shall include with their application the following information:

a.    The location of the property with reference to channel station and flood profile elevation.

b.    The existing topography and proposed grading plan for the property. Contour intervals shall not be more than one foot for ground slopes up to five percent and for areas immediately adjacent to a stream, two feet for ground slopes between five and 10 percent, and five feet for greater slopes.

c.    The location of existing and proposed diking or revetments if any. [Ord. NS-2072, 2007; Ord. NS-2016, 2006; Ord. NS-1846, 2002; Ord. NS-1631, 1995; Ord. NS-1617, 1994; Ord. NS-1475, 1988; Ord. NS-1462, 1987]

2.7.650 Deschutes River Corridor Design Review Combining Zone.

A.    Purpose. It is the purpose of the Deschutes River Corridor Design Review Zone to ensure compliance with the objectives of this code and the goals and policies relating to the Deschutes River in the Bend Comprehensive Plan. The purpose shall also be to:

•    Recognize and respect the unusual natural beauty and character of the Deschutes River.

•    Conserve and enhance the existing riparian zone along the Deschutes River.

•    Allow the community flexibility in reviewing development proposals within the Areas of Special Interest that are designated on the Bend Comprehensive Plan.

•    Maintain the scenic quality of the canyon and rimrock areas of the Deschutes River.

•    Conserve and enhance property values.

•    Preserve, protect and enhance water quality.

•    Encourage development, preservation and enhancement of reasonable public access to the river for recreational use and visual enjoyment.

B.    The following areas and uses are exempt from the Deschutes River Design Review process:

1.    Public streets and utility facilities existing as of the date of adoption of this code. Notwithstanding anything to the contrary in this code, a variance may be granted to the mandatory 40-foot setback for future public streets and utility facilities.

2.    Irrigation facilities, canals and flumes existing as of the date of adoption of this code.

3.    The existing Korpine Mill operation on the east side of the Deschutes River.

C.    Design Review Procedure. All new development, structures, additions and exterior alterations to structures, including outside storage and off-street parking lots within the Deschutes River Corridor, are subject to a design review process.

1.    Prior to filing a design review application, the applicant shall confer with the Planning Department concerning the requirements of formal application.

2.    The design review application shall be filed on a form provided by the City Planning Department and shall be accompanied by drawings and information as specified by the Planning Department. Copies of the plan shall be submitted and such additional information as is deemed necessary for the Site Plan Committee or Bend Urban Area Planning Commission to adequately review the applications.

3.    The Bend Urban Area Planning Commission shall approve, approve with conditions, or disapprove the design plan. The decision of the Bend Urban Area Planning Commission shall be final unless appealed in accordance with the City of Bend’s land use procedures.

4.    To approve a design plan the Bend Urban Area Planning Commission must find compliance with the provisions of this code.

D.    Site Plan Committee. The Site Plan Committee, as designated in subsection (C) of this section, Design Review Procedure, shall review a site plan application subject to design review on its technical merits and submit recommendations for approval, conditional approval, or rejection to the Bend Urban Area Planning Commission. The Commission decision shall be based on the site plan criteria, City policies, and standards.

E.    Minimum Standards. Within the Deschutes River Corridor the following minimum standards shall apply:

1.    Building and Parking Setbacks.

a.    One-Hundred-Foot Setback Area. For the areas described below, the setback for all new buildings, parking lots and loading areas shall be a minimum of 100 feet from the ordinary high water mark unless the Bend Urban Area Planning Commission approves a lesser setback. In no case shall the setback be less than 40 feet from the ordinary high water mark of the Deschutes River.

i.    The east and west bank from the Arizona/Commerce Street line to the southern boundary of the Bend Comprehensive Plan Map;

ii.    The east bank from the southern property line of Magill’s Landing Subdivision to the northern property line of the Bend Riverside Motel;

iii.    The east bank from the southern property line of Sawyer Park to the southern boundary of the Rimrock West Subdivision;

iv.    The east and west banks from the northern boundary of the Rimrock West subdivision to the northern boundary of the Bend Comprehensive Plan Map; and

v.    The west bank north of the Park District property known as “Flume Park” to the southern boundary of the Rimrock West Subdivision.

The Bend Urban Area Planning Commission may approve a lesser setback after the applicant has demonstrated through design review that the project provides at least the following:

i.    Protection of water quality, and fish and wildlife habitat;

ii.    The improvement or restoration of riverfront riparian areas by the creation of new riparian vegetation areas or by improvements to existing riverfront riparian areas through appropriate plantings; and

iii.    The provision of open space along the riverfront.

b.    Commercial Property. For all existing commercially zoned property within the Deschutes River Corridor in existence upon the adoption of this code, the setback for all buildings, parking lots, and loading areas shall be 30 feet from the ordinary high water mark of the Deschutes River.

c.    Other Areas. For the areas not described in subsection (E)(1)(a) or (b) of this section, all buildings, parking lots, and loading areas shall be 40 feet from the ordinary high water mark of the Deschutes River. In no case shall the setback be less than 40 feet from the ordinary high water mark of the Deschutes River.

2.    Features in Building Setback Area. Within the 30-, 40- and 100-foot building setback area, required in subsections (E)(1)(a), (b) and (c) of this section, the Bend Urban Area Planning Commission may approve features to enhance or support public use. Such features may include sidewalks, trails, utility facilities, streets and bridges crossing the river, boardwalks, decks, plazas, outdoor cafe seating areas, utilities, lights, bike racks, trash and recycling receptacles, furniture, bank stabilization structures, fences, art work, stairs, bike and pedestrian bridges, boat launch facilities, and vendor carts as defined by the Bend Code. The placement and uses shall be subject to the criteria in subsection (F) of this section.

3.    Rebuilding of Existing Structures. This setback restriction shall not prohibit rebuilding an existing structure; provided, that the rebuilt structure is comparable in size, profile, use and location to the structure that previously existed. The term new development shall not include rebuilding an existing structure; provided, that the rebuilt structure is comparable in size, profile, use and location to the structure that previously existed.

4.    Building Heights. Maximum structure height shall be limited to 30 feet at the minimum setback line. The Bend Urban Area Planning Commission may allow increases in building heights up to the allowed height in the underlying zone the farther the building sets back from the river. The Bend Urban Area Planning Commission may limit building height the closer to the river a building is allowed. The building height shall be measured from the lowest natural grade facing the river to the highest measurable point on or projecting from the roof of the structure.

F.    Site and Design Review Criteria. In addition to the minimum standards above, the Bend Urban Area Planning Commission shall review the development using the following design criteria:

1.    Conservation of Natural Features. Major rock outcrops, stands of trees, riparian areas, or other prominent natural features are an important part of the visual character and quality of the community. The Bend Urban Area Planning Commission shall review the applicant’s proposal for impacts on these resources and may limit the amount of removal, require additional screening, or moving or reducing in size the development, addition or structure in order to preserve, to the greatest extent possible, existing natural features.

2.    Compatibility with Existing Area. The Bend Urban Area Planning Commission shall consider the relationship of the proposed development with the existing surroundings, in terms of building bulk, height, location, separation, shape, parking areas, lighting, fences, landscaping, open space, visual and physical corridors to the river and adjacent land use.

3.    Colors and Materials. The Bend Urban Area Planning Commission shall consider colors and materials. The Bend Urban Area Planning Commission may require new structures and additions to existing structures to be finished in muted earth tones that blend with and reduce contrast with the surrounding vegetation and landscape of the building site or colors that are compatible with adjacent buildings.

4.    No large areas, including roofs, shall be finished with bright or reflective materials. Metal roofing material is permitted if it is nonreflective and of a color which blends with the surrounding vegetation and landscape.

5.    The Bend Urban Area Planning Commission may establish increased setbacks, limitations of building heights, and limitations on the bulk and length of buildings, limitations on lighting, landscaping, fences, size and shape of windows facing the river, size and location of parking, and outdoor storage areas and any other improvement or use listed in subsection (E) of this section in order to carry out the purpose of this code.

6.    For projects proposing development within the setback area, the Bend Urban Area Planning Commission may consider the degree to which the project provides public access along the riverfront, and may require the dedication of public access on an individualized determination that the required access is reasonably related to the project, and that the required dedication is also roughly proportional to the impact of the proposed project.

7.    For projects incorporating a setback less than 100 feet the Bend Urban Area Planning Commission may require enhanced site landscaping, minimum corridors between buildings, variations in building setbacks, size or bulk of facades and may impose any other conditions of approval reasonably required to meet the purposes of this code. [Ord. NS-2271, 2016; Ord. NS-2016, 2006; Ord. NS-1846, 2002; Ord. NS-1625, 1994; Ord. NS-1593, 1993; Ord. NS-1584, 1993; Ord. NS-1414, 1985]

Article VI. Upland Areas of Special Interest Overlay Zone

2.7.700 Upland Areas of Special Interest Overlay Zone.

As early as 1975, Areas of Special Interest have been identified as important features in the landscape intended to be preserved as growth occurs. These areas represent potential private and public open space. The upland features consist of scattered rock outcrops, stands of trees, and dominant ridges and faults that are typical of the Central Oregon landscape. These areas contain high points or changes in elevation that break the line of sight so that the area retains a feeling of undeveloped open space.

A.    Purpose. Bend is a community that values its natural features of trees and rocks. This section will fulfill the vision of the Bend Comprehensive Plan to retain and conserve the “natural character” of Bend. Natural resources such as rock outcroppings, draws, mature trees, natural vegetation and animal habitat are assets to the community.

The Upland Areas of Special Interest Overlay Zone is intended to protect valuable natural resources within the City of Bend’s Urban Growth Boundary while ensuring reasonable use of the property. This section will establish clear and objective design and development standards to protect these resources and preserve and enhance this vision for Bend’s future livability.

B.    Applicability.

1.    Affected Property. The procedures and requirements of the Upland Areas of Special Interest Overlay Zone apply to any real property designated as having an ASI as mapped on the Bend Comprehensive Plan Map and the City Zoning Map. These standards shall be in addition to the standards of the underlying zone.

2.    Activities Subject to Review. Unless specifically exempted from review as described in subsection (B)(3) of this section, activities subject to review and which require a permit shall include all development on properties described below:

a.    Partitioning and subdividing of land.

b.    New structural development.

c.    Exterior expansion of any building or structure, or increases in impervious surfaces or storage areas.

d.    Site modifications including grading, excavation or fill, installation of new utilities, construction of roads, driveways, or paths.

e.    Removal of trees or cutting or clearing of any native vegetation within the Upland Area of Special Interest.

3.    Exemptions. Activities exempt from this section include:

a.    The sale of property.

b.    Temporary emergency action necessary for the safety and protection of property or the public.

c.    Commercial forest practices regulated by the Oregon Forest Practices Act.

C.    ASI Review Process. For all activity subject to the Upland Area of Special Interest Overlay review, the following shall apply:

1.    The ASI Review shall be processed as a “Land Use Permit” as defined in BDC Chapter 4.1, Development Review and Procedures. When practicable, the ASI Review shall be processed concurrently with other land use permits.

2.    The ASI Review application is subject to the provisions of this chapter.

3.    The ASI Review application shall be filed on a form provided by the City and shall be accompanied by a filing fee, drawings and information specified in this chapter.

D.    Development Standards. The ASI Boundary is delineated by the outside edge of the boundary line shown on the Bend Comprehensive Plan Map and the City Zoning Map. No development as defined in this chapter shall occur within an Upland Area of Special Interest boundary unless expressly permitted by the provisions of this chapter.

The development standards shall apply to structures, fences, impervious surfaces including streets and driveways except where provided for in this section and landscaping as described in subsection (D)(5) of this section. In addition, no stock piling of fill materials, parking or storage of equipment or personal property shall be placed within an Upland Area of Special Interest.

1.    Setbacks. There shall be a 25-foot setback from the ASI boundary for all structures requiring a building permit to provide adequate fire fuel break and to reduce the visual impact to the Area of Special Interest. This additional setback area may be used in addition to the ASI area to calculate any density credit.

The permanent alteration of an Upland Area of Special Interest by grading, excavation or fill, the placement of impervious surfaces, or by the removal of existing vegetation is only permitted in association with the following enumerated uses and subject to the requirements.

2.    Streets and Driveways. Public or private streets and driveways may be placed within an Upland Area of Special Interest to access development activities if it is shown that no other practicable method of access exists. If allowed, the applicant shall demonstrate that:

a.    No other practicable access to the buildable area exists, or access from an off-site location through the use of easements is not possible;

b.    Roads and driveways are designed to be the minimum width necessary and the minimum intrusion into the Upland Area of Special Interest while also allowing safe passage of vehicles and/or pedestrians;

c.    The need for future extensions of shared access, access easements, or private streets to access potential new building sites have been considered at the time of this application in order to avoid subsequent encroachments into an Upland Area of Special Interest.

3.    Utilities and Drainage Facilities. Public and private utilities or drainage facilities may be placed underground within an Upland Area of Special Interest when it is shown that no other practicable alternative location exists. If allowed, the applicant shall demonstrate that:

a.    No other practicable access exists or access from an off-site location through the use of easements is not possible;

b.    The corridor necessary to construct utilities shall be the minimum width practicable;

c.    Removal of existing trees and native vegetation shall be avoided unless absolutely necessary.

Any permanent alteration of an Upland Area of Special Interest by the construction of public or private streets, driveways, utilities or drainage facilities is subject to the mitigation requirements under subsection (F) of this section.

4.    Removal of Vegetation. Removal of existing vegetation from an Upland Area of Special Interest is prohibited, except as indicated below:

a.    A tree in danger of falling and thereby posing a hazard to life or property may be removed, following an assessment evaluation from a Qualified Professional. If no hazard will be created, the tree or snag may be required to be left in place within the Upland Area of Special Interest to provide wildlife habitat.

b.    Diseased or dying trees that may pose a threat to the health of surrounding vegetation as determined by a Qualified Professional.

c.    The removal of noxious weeds and nonnative grasses (e.g., knap weed, toad flax or cheat grass) is encouraged when practicable with minimal disturbance to the ASI.

5.    Enhancement of an Upland Area of Special Interest. Planting of additional vegetation within an Upland Area of Special Interest is permitted as indicated below:

a.    Plant materials shall be native to Central Oregon and similar to the existing plant species in the vicinity of the ASI.

b.    No permanent irrigation shall be installed.

6.    Development Credit. When an applicant preserves an Upland Area of Special Interest, the development potential for the preserved area may be transferred to the balance of the parcel for development or applied to the subject property as indicated below:

a.    For residential lands where the property owner preserves an Upland Area of Special Interest, the property owner shall receive a density credit equivalent to the area being preserved as determined through the land use permit process.

b.    Where the applicant preserves an Upland Area of Special Interest, the property owner may initiate one or more of the activities listed below; provided, that the compensation does not exceed the benefit of the ASI protection as determined through the land use permit process.

•    Substitute the preserved ASI as the equivalent required on-site landscaping;

•    Receive up to 10 percent reduction in the required on-site parking spaces;

•    Reduce the front yard setback up to 50 percent of the standards required for the applicable zone;

•    Develop accessory dwelling units on lots abutting an area of special interest.

c.    For subdivision development, where the applicant preserves an Upland Area of Special Interest, the property owner may incorporate flexible lot development standards typical of a PUD when the area of special interest occupies more than 20 percent of the subject property.

d.    Opportunities for tax benefit in accordance with the provisions of the Deschutes County Tax Assessor.

E.    Exceptions and Variances. An exception or variance to the provisions of this code shall apply to property where no further land division is feasible. An exception or variance is permitted only when considered necessary to allow reasonable economic use of the subject property or to provide public benefit.

1.    Exceptions.

a.    Properties which have existing structures or site development within an ASI on the effective date of the ordinance codified in this chapter, and which do not conform to the standards stated herein, shall be considered nonconforming.

b.    For existing platted lots where the location of an Upland Area of Special Interest results in a building area depth for a single-family dwelling of 25 feet or less or a building envelope of 800 square feet or less, or a commercial building area depth of 100 feet, the front and side yard setbacks may be reduced up to 50 percent of the standard required for the applicable zone.

c.    For existing platted lots where the entire lot is located within an ASI, the property may be developed with permitted uses, subject to the applicable land use review, in a manner that will have the least impact to the ASI.

d.    The construction of public trails or paths that provide public access into the preserved Upland Areas of Special Interest.

2.    Variances. A variance shall only apply to property where strict interpretation of the standards would preclude reasonable use of the land that could be expected to occur in the zone, and that the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity.

Criteria: No variance request shall be granted unless the applicant can establish:

a.    That special conditions exist which are peculiar to the subject property which make conformance to the standards of this chapter impractical.

b.    The variance is the minimal deviance from the standards of this chapter needed to accomplish the objective.

c.    The varied standard will conform to the purpose and objectives of the Bend Comprehensive Plan and this chapter.

In any case, the granting of a variance shall not adversely affect the potential for public access into an Area of Special Interest, adequate provision for fire protection or the visual integrity of the Area of Special Interest.

A variance to the standards of this chapter shall be processed as a “Land Use Permit” as defined in BDC Chapter 4.1, Development Review and Procedures. The Review Authority may attach conditions to any variance granted to ensure that the variance meets the objectives of the Bend Comprehensive Plan and this chapter.

F.    Areas of Special Interest Mitigation Standards. The development activities listed in subsections (B) and (D) of this section may trigger a requirement for mitigation. When a proposed development impacts an Upland Area of Special Interest by grading, excavation, or fill, the placement of impervious surfaces, or by the removal of vegetation, a mitigation plan prepared by a qualified professional shall be submitted to the Review Authority. The mitigation plan shall include the following:

1.    The location of the impact, the existing conditions and area size of the resource prior to impact, the location and size of the proposed mitigation area, and a proposed mitigation plan that represents a 1:1 replacement value;

2.    All proposed vegetation planted within the mitigation area shall be native to the region and similar to the vegetation removed. Species to be planted in the mitigation area shall replace those impacted by the development activity at a 2:1 ratio;

3.    Additional mitigation measures may be required based on the nature of the impact such as:

•    Site reclamation.

•    Screening of structures, cuts or fills.

•    Increased vegetative quantities and/or sizes.

G.    Standards for Designating New Upland Areas of Special Interest. Any individual or organization may apply for designating new Upland Areas of Special Interest. Designation of new areas shall be coordinated with the affected property owners. An “Upland Area of Special Interest” designation may be imposed or modified pursuant to an ASI analysis. During January of each “odd numbered” calendar year, individuals may apply to the City for new ASI designations to be added to the Bend Comprehensive Plan and Zoning Maps. The City will process applications received during this time without fee. During the same time period, the City shall review City-owned properties for potential new ASI designations. A new designation shall be processed as a map amendment to both the Bend Comprehensive Plan and Zoning Maps pursuant to the City of Bend Procedures Ordinance and this section.

1.    Procedure.

a.    The applicant shall file an application for a Bend Comprehensive Plan Map amendment and Zoning Map amendment on a form provided by the City and shall be accompanied by a filing fee, drawings and appropriate information.

b.    The Review Authority shall conduct an evaluation. Using the “ASI” Analysis Methodology, the outcome of the analysis must establish that the proposed sites merit resource protection as an “Area of Special Interest” in order to proceed.

2.    ASI Analysis Methodology. The City shall evaluate potential Upland Areas of Special Interest using the 1999 Natural Areas Scoring System (NASS) developed by the Bend Urban Land Survey team. The NASS is a numerical ranking which represents the relative values of a natural resource site. The following nine criteria and scoring system are used to determine the total assessment score:

 

Natural Area Scoring System 

Criteria

Score

Explanation

Existing Site Use

6

Undeveloped

 

4

Minor development

 

2

Significant development

 

0

Development that substantially reduces open space value

Habitat Value

6

Supports a broad diversity of bird and/or animal life

 

4

Supports moderate diversity of bird and/or animal life

 

2

Limited habitat value

 

0

Almost no habitat value

Trees and Vegetation

6

Mature trees, quality riparian vegetation or other significant vegetation

 

4

Some trees, other lower quality vegetation

 

2

Little significant vegetation

 

0

Almost no vegetation

Natural Features

6

Uncommon or outstanding natural features

 

4

Natural features of good quality

 

2

Natural features are not distinctive

 

0

Almost no natural features

Conflict with Adjacent Land Use

6

No conflicts

 

4

Slight conflicts

 

2

Moderate conflicts

 

0

Severe conflicts

Wildlife Linkages

6

Quality connections to other wildlife areas

 

4

Some connections

 

2

Minor connections

 

0

No connections

Scenic Resources

6

Highly attractive scenic resources

 

4

Moderately attractive

 

2

Limited scenic value

 

0

Unattractive

Public Access

6

Potential for high use

 

4

Potential for moderate use

 

2

Low potential for use

 

0

No potential for use

Type of Water Present

6

Has a variety of flows

 

4

Year-round water source of good quality

 

2

Seasonal water

 

0

No water or low quality water source

H.    Delineation of New Upland Areas of Special Interest. The ASI delineation is a more precise determination of the location of the designated area. The delineation is determined by several factors including but not limited to the topographical contours, the presence of significant trees and an on-site field location conducted by the Review Authority.

1.    Topography. The boundary of the designated area will be determined to be at the toe of the slope or slope transition for upland features as illustrated on an adopted map specific to each ASI unless otherwise determined by the Review Authority based on field observation.

2.    Significant Trees. The ASI boundary may include significant trees as defined in this code measured at the outer edge of the tree canopy based on aerial photos and field observation.

3.    Evaluation Methodology. A potential new site within the “Upland Feature” category would be evaluated using the following method:

ASI No. 4 on the east side of 15th Street

Upland features are natural areas consisting of geologic features and/or vegetation that provide visual and spatial breaks in the developed landscape.

4.    Upland Features.

a.    Use the following three criteria:

i.    Scenic Resources.

ii.    Existing Site Use.

iii.    Natural Features.

b.    Apply the NASS scoring system for these criteria.

c.    The combined score must total a minimum of 10 points.

Proposed new sites in the Upland feature category with a minimum score of 10 points would be subject to a second review using all nine NASS criteria. Under the second review, the site must total a minimum of 20 points to be further considered for adoption as an Upland Area of Special Interest.

[Ord. NS-2271, 2016; Ord. NS-2016, 2006; Ord. NS-1803, 2001]

Article VII. Murphy Crossing Refinement Plan

2.7.800 Murphy Crossing Refinement Plan.

2.7.810 Purpose.

The purpose of the Murphy Crossing Refinement Plan is to implement the Murphy Crossing Master Development Plan and the Bend Urban Area General Plan policies regarding the Murphy Crossing property, and to create overlay development standards for the residential, commercial and mixed-use districts and designated open space within the plan boundaries. The overlay development standards will:

•    Provide a variety of employment opportunities and housing types;

•    Locate residential uses adjacent to the existing neighborhoods west of the site;

•    Create opportunities for large-scale retail uses as well as community commercial and small-scale businesses in selected locations to foster a mixed-use district;

•    Promote pedestrian and other multi-modal transportation options;

•    Ensure compatibility of uses within the development and within the surrounding area;

•    Create an interconnected system of streets with standards appropriate to the intensity and type of adjacent use; and

•    Create safe and attractive streetscapes that will meet emergency access requirements and enhance pedestrian and bicycle access. [Ord. NS-2031, 2006; Ord. NS-2016, 2006]

2.7.820 Districts.

A.    Applicability. The standards provided for the Murphy Crossing Refinement Plan area by this section shall supersede the otherwise applicable standards of this Development Code, except where those other standards expressly state they are to supersede the standards of this section.

B.    District Location. The locations of the zoning overlay districts are depicted on the adopted Murphy Crossing Master Development Plan map and as described below.

Table 2.7.820.B 

Zoning Overlay District (Zone)

Location and Characteristics

Park/Open Space (PF)

This area is centrally located within the Refinement Plan area and is intended for park development by the Bend Metro Park and Recreation District as a neighborhood park.

Park Open Space (RL)

These open space areas serve as a special buffer between more intense development and/or new roadway alignments. The open space area can provide passive pedestrian connections linking existing residential development with the new Murphy Crossing commercial center.

Single-Family Residential (RS)

Located along the western boundary of the refinement plan area and predominantly north of Romaine Village Way, this area provides a transition between the existing Low Density Residential (RL) housing and the new Murphy Crossing development. The minimum lot size within the RS Zone will be 6,000 sq. ft. with a minimum lot depth of 100 feet when lots abut existing RL development. Homes may be clustered or attached as zero lot line to provide maximum preservation of existing trees.

Multifamily Residential (RM)

The RM overlay located within the central plan area provides a transition between the new standard density single-family homes and the more intense commercial development along the easterly portion of the refinement plan area. RM development is also located at the north and south ends of the plan area along the Parkway. The density range is 7.3 to 21.7 units per gross acre.

Mixed-Use (ME)

The Mixed-Use District is applied to areas of Murphy Crossing adjacent to primary commercial streets, to provide opportunities for a variety of smaller-scale, pedestrian-oriented commercial uses located in ground-floor street frontages, with residential uses and offices above. Residential units may be located on the ground floor when adjacent to other multifamily housing. The residential density for the residential component of mixed-use projects shall not exceed 21.7 units per gross acre.

General Commercial (CG)

Located primarily between the Bend Parkway and the north/south frontage road, the General Commercial District provides for a mix of commercial uses with large site requirements and smaller-scale service commercial uses that can provide a pedestrian-oriented street frontage.

C.    Permitted Land Uses. Unless otherwise specified in the table below, the land uses listed within the applicable zoning districts within this Development Code shall be permitted, subject to the provisions of this code.

Table 2.7.820.C 

Land Use

RS

RM

ME

CG

Residential

Single-Family Detached (as primary use)

P

N

N

N

Single-Family Attached (Townhomes or Condominiums)

 

 

 

 

as primary use

P (max. 2 units)

P

N

N

as secondary use

N

N

P

C

Multifamily

 

 

 

 

Duplex/Triplex

N

P

P

N

Multi-units

N

P

P

N

Commercial/Mixed-Use

All Commercial/Mixed-Use Buildings

 

 

 

 

Building footprint less than 10,000 sq. ft.

N

N

P

P

Building footprint 10,000 – 20,000 sq. ft. w/ max. building size of 30,000 gross sq. ft.

N

N

C

P

Building footprint 20,000 – 50,000 sq. ft. w/ max. building size of 60,000 sq. ft.

N

N

N

P

Building footprint greater than 50,000 sq. ft. w/ max. building size of 100,000 sq. ft. (location restricted to the north 400 ft. of the CG Zone)

N

N

N

P

Recreation Facilities

N

N

C

C

D.    Special Development Standards. In addition to the development standards outlined in the City’s Development Code, the following standards shall apply as indicated:

Table 2.7.820.D 

Standard

RS

Single-Family

RM

Multifamily

ME

Mixed-Use

CG

General Commercial

Density

4 – 7.3 units/gross acre

7.3 – 21.7 units/gross acre

NA

Lot size

6,000 sq. ft. min.

2,000 sq. ft. min.

NA

NA

Setbacks:

 

 

 

 

Front

Min. of 6 ft. for home, 20 ft. for garage

Min. of 6 ft. for home, 20 ft. for garage. Building entrances shall be oriented to the street front. Max. setback shall be 10 ft.

Min. of 5 ft. Max. setback shall be 10 ft. Except forecourt frontage may be 20 ft.

Min. of 5 ft. Max. setback shall be 10 ft. Except forecourt frontage may be 20 ft.

Side

Min. of 5 ft. for 1 side and the sum of 2 side yards shall be 12 ft.

Min. of 5 ft.

No minimum required, except when abutting an “R” zone see BDC 2.2.500(E)

No minimum required, except when abutting an “R” zone see BDC 2.2.500(E)

Rear

Min. 15 ft.

Min. 10 ft.

No minimum required, except when abutting an “R” zone see BDC 2.2.500(E)

No minimum required, except when abutting an “R” zone see BDC 2.2.500(E)

Lot coverage

35%

40%

50%

NA

Building height

35 ft.

30 ft./2 stories for buildings fronting on Murphy Road and the local north/south street bordering the park. 40 ft./3-story buildings are permitted elsewhere.

*See Exceptions below

45 ft./3 stories

Lot access

Where new RS lots abut existing RL development, access shall be from the street. All other lots shall access from an alley.

All vehicular access shall be from an alley/private drive or internal parking lot.

Parking standards

As required by BDC Chapter 3.3, except for the large box retail uses located in the north 400 ft. of the CG Zone, those uses may provide a maximum of 6 parking spaces per 1,000 gross sq. ft. of building area.

Frontage types

Not regulated

• Front Yard and Porch

• Stoop

• Stoop

• Forecourt

• Storefront

• Forecourt

• Storefront

• Gallery

Min. building frontage

Not regulated

50%

80%

65%

Special landscape setback

1.

Development along the east side of the north/south local street bordering the park between Murphy Road and the southern frontage road alignment shall provide an additional 10-foot landscaped pedestrian easement. The easement shall be combined with the street right-of-way to provide a pleasant pedestrian trail system the length of the Murphy Crossing project area that will easily connect to existing and planned trails, parks and open space. The pedestrian trail replaces the required sidewalk along that street frontage.

2.

Development along both sides of the frontage road between Murphy Road and the Parkway off-ramp/roundabout shall provide an additional 4 ft. of sidewalk adjacent to the public sidewalk.

Architectural design

As required by BDC 2.1.900 and 2.2.800

*    Single-family homes on adjoining lots shall share a common wall where it can be shown that tree preservation can be maximized.

1.    Buffering Standards. All loading and delivery areas shall be oriented away from residential neighborhoods and screened from view using a combination of vegetation, fences and walls.

2.    Building Height Exceptions. Buildings in the RM Zone that front on Murphy Road and the local north/south street which borders the park may be 40 feet tall or three stories when the portions of the building over 30 feet in height step back a minimum of 30 feet from the front property line.

E.    Frontage Types. The street facing facade of each proposed building shall be designed as one of the building frontage types allowed by the applicable zoning district as indicated in Table 2.7.820.D. Building frontage placement on the lots shall comply with the setback requirements of the applicable zone. For the purpose of this code, building frontage means the lineal length of facade facing the street.

Table 2.7.820.E 

1.

Front Yard and Porch. The building facade is set back from the property line (frontage line) as required by the applicable zone, with a front porch providing a covered entry. A fence or wall not more than 36 inches high may define the private space of the yard. Porches shall be at least six feet deep and 12 feet wide and may be elevated no more than 36 inches above the surrounding grade.

2.

Stoop. The building facade is placed close to the property line with the ground floor either elevated a minimum of 24 (but no more than 36) inches above the sidewalk, or the facade is up to 10 feet from the back of the sidewalk, with an optional low fence not more than 36 inches at the back of the sidewalk. This type is suitable for ground-floor residential uses with minimal setbacks.

3.

Forecourt. Most of the building facade is at the property line with a portion of the facade set back. The resulting forecourt is suitable for gardens, restaurant seating, or an entry plaza. This type should be used sparingly and in conjunction with other frontage types, as an extensive setback deters pedestrians. Trees within forecourts should be placed to have their canopies overhang the street’s sidewalk. A low wall or fence no greater than 36 inches high may also be placed at the property line.

4.

Storefront. The building facade is placed at or close to the property line with the building entrance (which may be recessed) at sidewalk grade. This frontage type is intended for retail uses and is commonly equipped with an awning. An awning extending over the public sidewalk requires City approval. Transparent windows shall occupy at least 65 percent of the first-floor wall area of each storefront.

5.

Gallery. A gallery is a storefront with an attached colonnade that projects over a sidewalk. This frontage type is intended for retail use, but only when the sidewalk is fully covered by the arcade so that a pedestrian must walk under it. The City must approve any portion of the structure that extends into the public right-of-way.

F.    Street Design Types. The roads within Murphy Crossing will have different designs based on their location and function. The diagram is the key to the different street types. Each street type design will be illustrated in a cross-section and described below.

The designated streets within Murphy Crossing are required street elements. The street alignments depicted are generally located to provide reasonable lot sizes and connectivity within the refinement plan area. During tentative plan development or site plan review, the street alignments of proposed streets shall be shown in their general location. The street alignments may move up to 30 feet in one direction without requiring a refinement plan amendment.

[Ord. NS-2303, 2018; Ord. NS-2031, 2006; Ord. NS-2016, 2006]

2.7.830 Murphy Crossing Special Street Standards.

A.    Murphy Road.

1.    Murphy Road will transition from a 60-foot right-of-way to 100 feet and back to 60 feet as the road moves from east to west across the Parkway. The 60-foot segments will consist of two travel lanes with pedestrian sidewalks along both sides separated by a landscaped planter strip. Bike lanes will be located on both sides of the street.

2.    The 80-foot section is located between the west side of the Parkway and the last intersecting street before Brookswood Blvd. This street section will have two travel lanes divided by a 12-foot partially landscaped median with turn pockets. The northside will have a five-foot sidewalk that meanders through a landscaped strip. The south side will have a 12-foot urban sidewalk with street trees placed in tree wells. Bike lanes will be located on both sides of the road.

3.    The 100-foot section is located on both sides of Third Street and is needed for the intersection turn lanes and through movements.

B.    The Frontage Road has three distinctly different sections.

1.    Frontage Road North. Frontage Road North is a narrow 40-foot right-of-way that will provide a link from Murphy Road to Badger Road. The road will have two vehicle travel lanes and bike lanes on both sides. This road runs parallel to the Parkway and therefore only will have a sidewalk on the west side.

2.    Frontage Road Center. Frontage Road Center is the main commercial street section through the Commercial and Mixed-Use District. This street will have two travel lanes with a median. The street will allow on-street parking and have bike lanes on both sides of the street. Parking will be restricted within the proximity of protected intersections. The sidewalks will be shared between the right-of-way and the adjoining property with a minimum width of 12 feet. Street trees will be placed within the sidewalk right-of-way within tree wells.

3.    Frontage Road South. This street section will have two travel lanes with bike lanes on both sides. Parking will be allowed on the west side of the street. Again this street is a parallel facility next to the Parkway and will have sidewalks only on the west side except where the roadway turn to the west and sidewalks can serve two street frontages.

C.    Local Street. There are two local street types: Residential and Mixed-Use. Both have 60 feet of right-of-way, two travel lanes and on-street parking.

1.    Residential Local. Sidewalks are located at the property line and are separated from the street by a planter strip. The sidewalk on the east side of the north/south local residential street which borders the park will be replaced by an enhanced pedestrian trail system utilizing a 10-foot easement along the street frontage.

2.    Mixed-Use Local. Sidewalks are urban in nature and design with street trees located within tree wells. Along the park block, the sidewalks will be designed with the park.

[Ord. NS-2031, 2006; Ord. NS-2016, 2006]

Article VIII. Manufactured Home Park Redevelopment Overlay

2.7.900 Manufactured Home Park Redevelopment Overlay.

2.7.910 Purpose and Applicability.

A.    Purpose. Manufactured homes located within manufactured home parks provide a significant amount of the City’s affordable housing. When a manufactured home park redevelops, this type of affordable housing stock is lost, leaving the residents of those parks with few options. The purpose of the Manufactured Home Park Redevelopment Overlay is to implement City Ordinance NS-2036, by providing incentives to the park owners to continue the use of the land as a manufactured home park and, when redevelopment does occur, by providing a mechanism for capturing a portion of the redevelopment potential as replacement affordable housing. The Manufactured Home Park Redevelopment Overlay creates overlay development standards for increased residential housing and, where appropriate, commercial and mixed-use development and designated open space within existing manufactured home park boundaries. The overlay development standards will:

•    Provide a variety of housing types for a variety of markets;

•    Promote pedestrian and other multi-modal transportation options;

•    Ensure compatibility of uses within the development and within the surrounding area;

•    Create an interconnected system of streets with design standards appropriate to the intensity and type of proposed and adjacent uses.

If City Ordinance NS-2036 is repealed, invalidated by a court of competent jurisdiction or preempted by State or Federal law, then this subsection shall automatically be repealed.

B.    Applicability. The provisions of this overlay shall apply to all existing manufactured home parks at the date of adoption of this overlay. The provisions herein shall satisfy the Waiver of Relocation Requirements Option, (2) Increased Density Alternative referred to in the City Ordinance NS-2036, when implemented in conjunction with a Development Agreement with the City of Bend as required by City Ordinance NS-2036.

Figure 900.A

[Ord. NS-2048, 2007; Ord. NS-2016, 2006]

2.7.920 Residential Density.

A.    Residential Density Provisions. The Oregon State law allows manufactured home parks to develop at a maximum residential density of 10 units per acre regardless of the underlying zone. This overlay will provide special increased density incentives for existing parks that are redeveloped as described below.

1.    Manufactured home parks in existence at the date of adoption of this overlay with an occupancy rate of at least 80 percent, that are developed in accordance with the City Ordinance NS-2036 and the provisions of the City of Bend Development Code, shall be allowed to develop at a residential density consistent with the RM, Urban Medium Density Residential District. The property owner shall mitigate all impacts of such development including but not limited to those impacts related to sewer, water, transportation and compatibility issues.

a.    Exception to Density. Where an existing manufactured home park already has a Bend Comprehensive Plan Density of Urban Residential Medium Density at the date of adoption of this overlay, the density bonus may be increased to RH, Urban High Density Residential District with the same provisions for redevelopment as described above. [Ord. NS-2271, 2016; Ord. NS-2048, 2007; Ord. NS-2016, 2006]

2.7.930 Special Development Standards.

A.    Permitted Land Uses. The uses and special standards permitted by the implementation of the Manufactured Home Park Redevelopment Overlay shall supersede the standards of the underlying intended rezone. Where no special development standards are provided by the overlay, the applicable standards of the intended RM or RH rezone or previously approved refinement plan shall apply.

B.    Continued Use as a Manufactured Home Park. Manufactured homes have reduced impacts on the land because the unit does not require a permanent foundation. However, many existing manufactured home parks are not developed at the maximum density. In order for the existing parks to develop at the allowable 10 units per acre park owners may take advantage of the following incentives:

1.    The average area of a mobile home site may be 3,000 square feet provided all spacing requirements of the Building Code can be met.

2.    Park owners that receive displaced residents from redeveloping parks will not be obligated to relocate these displaced units when the park redevelops as required by Ordinance NS-2036.

3.    Up to 10 percent of the existing trees may be removed to accommodate new manufactured home placement, provided the trees being removed are not specimen trees. For the purpose of this code, a specimen tree would be a tree of any species which is determined by a certified arborist to be of an exemplary size or variety for the area;

C.    Redeveloping Manufactured Home Parks. Redeveloping manufactured home park owners that choose to take advantage of the provisions of this overlay shall initiate an “Intent to Rezone” with the City by filing an application for a plan amendment and zone change in conformance with BDC Chapter 4.6. The application for “Intent to Rezone” shall be accompanied by an application for development, and the applicable fees.

In addition to the approval criteria for development found in BDC Chapter 4.6, the applicant shall address the following general standards.

1.    General Development Standards.

a.    Meet with the City of Bend Transportation Division to determine if a transit stop is needed within one-fourth mile of the subject property along an existing or future transit route. If needed, design and construct the transit stop to City standards. The transit stop shall be accessible from the redevelopment site.

b.    Passive and/or active open space areas shall be incorporated into the redevelopment plan.

c.    Where a redeveloping manufactured home park adjoins a Residential Zone, the development along the perimeter of the site within 100 feet of the property boundary shall be subject to the development standards of the adjoining Residential Zone including but not limited to lot coverage, building heights and setbacks.

2.    Building Height. To encourage innovative housing designs, provide more efficient use of land, encourage the preservation of open space and existing trees and to achieve greater allowable densities, an increase in building height not to exceed 10 feet above the height of the zone may be allowed provided the applicant’s proposal meets all of the following criteria:

a.    The added height will provide for additional affordable housing units.

b.    The additional building height is needed to preserve existing trees and the added height and total building area proposed is equivalent to the area of significant trees being saved.

c.    The additional building height is buffered from view by existing preserved trees.

d.    The building requesting the added height has a required minimum 1:1 side and/or rear yard setback from an existing adjoining residential use based on the finished building height.

Example: a 40-foot-tall building would have a 40-foot minimum side and/or rear yard setback from an existing adjoining residential use.

e.    The proposed building incorporates sustainable Leed Silver Certification construction methods.

3.    Building Setbacks. To ensure a safe, livable environment, the following setbacks shall be observed:

a.    Front Yard. Six-foot minimum for all portions of the structure, except garages shall be set back a minimum of 18 feet.

b.    Side and Rear Yard. The setbacks of the proposed RM or RH rezone shall apply.

Exception to side and rear yard setbacks:

i.    Attached single-family townhome development shall have an interior side yard setback of zero feet. End units not fronting on a street corner shall have the sum of the side yards equal to 12 feet. End units fronting on a street corner shall have a minimum setback of 10 feet, except as necessary to comply with the clear vision standards in BDC 3.1.500.

ii.    Garages and on-site parking shall take access from an alley or rear driveway.

4.    Lot Coverage. As a means of balancing the building mass on the land, the following lot coverage shall be applied based on housing type and/or use.

Standard

Residential Use

Mixed-Use/Commercial

Lot Coverage

40%

50%

5.    Standards for Nonresidential Development. Portions of some manufactured home parks may be suitable for nonresidential use development that will support the increased overlay density.

a.    Location Standards. The following location criteria shall be met to allow a park owner to develop nonresidential uses as a secondary use in conjunction with the allowable residential development.

i.    Nonresidential uses shall be subject to the location and size standards for neighborhood commercial uses in BDC 3.6.300(J).

ii.    Access can be provided from an existing intersecting local street or a new local street can be developed in conformance with BDC Chapter 3.1.

iii.    The property is within one-fourth mile of an existing or future transit stop.

iv.    The surrounding property is developed at RS density or greater.

6.    Development Standards for Nonresidential Uses. Nonresidential uses shall be subject to the development standards for neighborhood commercial uses in BDC 3.6.300(J)(6) through (10).

7.    Nonresidential Uses. The neighborhood commercial uses identified in Table 2.1.200 shall be permitted or conditionally allowed as a component of a Manufactured Home Park Redevelopment. Some of the uses may have special development standards as identified in BDC Chapter 3.6. [Ord. NS-2048, 2007; Ord. NS-2016, 2006]

Article IX. Farmington Reserve Master Planned Development

2.7.950 Farmington Reserve Master Planned Development.

2.7.955 Applicability.

The area regulated by the Farmington Reserve Master Plan is approximately 20 acres of land east of Alstrup Road and north of Brosterhous Road. It is bounded on the north by the Central Oregon Irrigation District main lateral, to the east by the Stone Creek Master Planned Development, to the south by the Island Park residential subdivision, and to the west by Alstrup Road. Conditions of approval pertaining to the timing of required public infrastructure improvements are contained in Ordinance NS-2227. [Ord. NS-2244, 2015; Ord. NS-2227, 2014]

2.7.960 Purpose.

The purpose of this section is to create the Farmington Reserve Master Development Plan. In addition, the Master Planned Development creates overlay development standards that will supersede the development standards of the underlying RM, Medium Density Residential District within the plan boundaries. The Master Plan Development objectives are to:

•    Provide a variety and mixture of housing types and densities in a coordinated neighborhood.

•    Identify and coordinate street locations.

•    Designate neighborhood open space.

•    Establish design standards for streets, sidewalks and building locations to create streetscapes that are safe and accessible for all modes.

•    Create safe and convenient pedestrian and bicycle circulation and trail connections. [Ord. NS-2244, 2015; Ord. NS-2227, 2014; Ord. NS-2071, 2007; Ord. NS-2016, 2006]

2.7.965 Permitted Uses.

Only detached single-family dwellings, with or without accessory dwelling units, shall be permitted in the Single-Family Overlay District. Only multifamily housing shall be permitted in the Multifamily Overlay District. The overlay districts are shown on the Farmington Reserve Master Plan Overlay Map, Figure 2.7.980. [Ord. NS-2244, 2015; Ord. NS-2227, 2014]

2.7.970 Development Standards.

The special standards of the Farmington Reserve Master Plan area shall supersede the standards of the underlying zone where they vary. Where no special standards are provided, the applicable standards of the underlying zone shall apply.

A.    Setbacks Standards. Setback standards are as listed in Table 2.7.970. All single-family lots (except Lots 11 through 16 along the north boundary) shall be exempt from solar setback standards.

 

Table 2.7.970 – Setbacks 

Use

Front

Side

Rear

Single-Family Detached

10 feet, except garages shall be 20 feet

5 feet

5 feet

Multifamily

10 feet, except garages shall be 20 feet

5 feet

5 feet

Note: Multifamily development that abuts RS zoned or designated property on the periphery of the master plan boundary, the rear and side yard setbacks shall increase beyond the minimum stated in BDC 2.7.970 by one-half foot for each foot by which the building height exceeds 20 feet. Where a street or alley is at the periphery of the master plan, the width of the right-of-way or easement shall be included in the setback measurement.

B.    Building Height. Building height requirements are based on use as follows:

1.    Single-family dwellings: 35 feet.

2.    Multifamily (more than three attached units): 45 feet.

C.    Density. The maximum number of dwelling units shall be 293 (65 single-family and 228 multifamily). Density may be averaged across the residential districts; provided, that the overall density for the entire master plan development area meets the RM zone density requirement of 7.3 to 21.7 units per acre. [Ord. NS-2244, 2015; Ord. NS-2227, 2014; Ord. NS-2071, 2007; Ord. NS-2016, 2006]

2.7.975 Street Improvement Standards.

Street improvement standards shall be consistent with the requirements of this code, except as set forth below:

A.    Street Section 1 – Public Local Streets. This section shall be used for all public streets within the development. These streets will consist of 60 feet of public right-of-way with eight-foot vehicle travel lanes, eight-foot-wide on-street parking, eight-foot landscape strips, and five-foot-wide sidewalks.

B.    Street Section 2 – Private Local Street. This street will consist of a 40-foot roadway tract, 12-foot vehicle travel lanes, no on-street parking, mountable rolled curbs, and five-foot-wide sidewalks.

C.    Street Section 3 – Public Alleys. The public alleys shall consist of 20 feet of public right-of-way with 10-foot vehicle travel lanes, no on-street parking, and no sidewalks.

D.    Street Trees. Street trees shall be provided along all streets in conformance with BDC 3.2.400, Street Trees.

Figure 2.7.980

Farmington Reserve Master Plan Overlay Map

 

[Ord. NS-2244, 2015; Ord. NS-2227, 2014]

Article X. Central Oregon Community College (COCC) – Special Planned District/Overlay Zone

2.7.1000 Central Oregon Community College (COCC) – Special Planned District/Overlay Zone.

2.7.1001 Purpose.

The purpose of the Central Oregon Community College Special Planned District/Overlay Zone (“district”) is to implement the Public Facilities (PF) Comprehensive Plan designation at the Awbrey Butte campus of the Central Oregon Community College (“COCC” or “College”). The district is designed to foster an innovative mixed-use area of academic, social, residential, retail and commercial uses/activities that are accessible to students, faculty, and staff and located on lands owned by the College. The district will create a variety of different academic, social, recreational, and commercial amenities that will serve the needs of the surrounding community. The development of College-owned lands within the district boundaries will provide the College with a source of financial revenue that will be utilized to provide additional educational opportunities for the benefit of the community and facilitate the long-term growth and viability of the campus.

The standards of the district implement the PF Comprehensive Plan designation in a manner that will:

•    Promote the long-term health, vitality, and growth of the College by strengthening the on-campus living/learning opportunities through careful development and management of the Awbrey Butte Campus.

•    Provide for a financially stable College campus environment serving the educational and vocational needs of the Central Oregon community.

•    Encourage coordination between the College and the City of Bend, especially in the area of land use planning and review for campus development.

•    Accommodate planned Awbrey Butte Campus growth including but not limited to development of: educational, vocational, and mixed-use facilities on lands owned by the College; uses and/or structures associated with research programs; and uses and/or structures associated with lifelong learning, basic skill development, and university transfer education.

•    Ensure the compatibility of campus development with surrounding areas by allowing uses and outdoor spaces that promote interdisciplinary opportunities and the shared opportunities of study, housing, dining, services, entertaining, and sports.

•    Ensure the adequacy of the public facilities and infrastructure that are needed to serve development within the boundaries of the district.

•    Create additional opportunities/flexibility for COCC to develop relationships with private enterprise for the benefit of the College, its students and the community.

•    Provide for zoning and land use regulations that allow COCC to rapidly respond to opportunities and changing needs in the College environment.

•    Create zoning and land use regulations that allow COCC to utilize its Awbrey Butte Campus landholdings to generate revenues for the benefit of the campus, its students, and the Central Oregon community.

•    Develop a fully serviced campus environment that reflects an inward focus on learning and an outward focus on community. [Ord. NS-2271, 2016; Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1002 Definitions.

The following definitions apply to uses, building types and standards that are specified in the Central Oregon Community College (COCC) – Special Planned District/Overlay Zone:

Campus includes all of the lands owned by the College within the boundaries of its Awbrey Butte Campus as depicted on Figure 1.

Core Campus Area includes all of the land depicted as the “Core Campus Area” on Figure 2.

Campus Village Area includes all of the land depicted as the “Campus Village Area” on Figure 2.

Private Roads and/or Private Drives shall include all of the specific drive or road types specified in Table 2.7.1010.

Special Planned District Boundary is depicted on Figures 2 and 3.

Transportation Demand Management Techniques (TDM) is a general term that describes various measures, strategies and policies that the College has and can implement to improve performance of transportation facilities and to reduce need for additional road capacity. Methods may include but are not limited to the use of alternative modes, ride-sharing and vanpool programs, and trip-reduction ordinances. [Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1003 Applicability.

The special standards of the Central Oregon Community College – Special Planned District/Overlay Zone implement the Public Facilities (PF) Comprehensive Plan designation on lands owned by the Central Oregon Community College and zoned Public Facilities within the “Special Planned District Boundary” as depicted on Figures 2 and 3. Where no special standards are provided, the applicable standards of the underlying zone shall apply. [Ord. NS-2271, 2016; Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1004 Permitted and Conditional Uses.

Table 2.7.1004.A outlines those land uses that are permitted outright and that are permitted as conditional uses within the boundaries of the Special Planned District/Overlay Zone. The table specifies different land use standards for the areas designated as the “Core Campus Area” and “Campus Village Area” as designated on Figure 2. The Core Campus Area is intended to provide for more traditional College, educational and ancillary uses. The Campus Village Area designation allows a mix of educational, vocational, residential, service and commercial uses that can serve, complement and enhance opportunities in the educational core. The Campus Village Area is intended to provide development standards that are consistent with other integrated and highly successful academic institutions around the State and country.

Table 2.7.1004.A – Permitted and Conditional Uses 

Land Use

Core Campus Area

Campus Village Area

Residential Uses

Single-family detached housing

C*

P

Single-family courtyard housing

C*

P

Attached single-family townhomes

C*

P

Two- and three-family housing (duplex and triplex)

P*

P

Multifamily housing (more than 3 units)

P*

P

Residence halls

P*

P

Overnight lodging

P*

P

Child day care facility

P*

P

Adult day care

P*

P

Residential care facility (6 or more residents)

C*

P

Accessory uses and structures, including dwellings

P*

P

Public, Institutional and General Uses

All uses permitted in the Public Facilities (PF) Zoning District

P*

P

Educational, vocational and related research buildings and/or facilities

P

P

Meeting and conference facilities

P*

P

Entertainment-related facilities

P*

P

Roads, pathways and transportation systems whether public or privately owned

P

P

Light industrial uses

P*

C*

Repair services

P*

P*

Wireless communication facilities and/or broadcasting facilities, production studio transmission facilities and necessary or supporting structures

P*/C

P/C

Utilities (above ground)

C

C

Parks, playgrounds, play fields, athletic facilities, sports complexes, recreational facilities, trails, natural areas, open spaces (without night lighting or amplified sound)

P*

P

Places of worship

P*

C

Service and Commercial Uses

Retail, commercial and service uses that are open to the public and available to serve students, faculty, employees and other persons associated with the College1

P*

P

Office uses

P*

P

Food and beverage services, personal and professional services, and student shopping opportunities

P*

P

Culinary institute and all related and accessory uses including, but not limited to, any hospitality-related service operated in connection with the culinary institute

P*

P

Credit unions, banks and financial service institutions that are open to public use and available to serve students, faculty, employees and other persons associated with the College

P*

P

Medical offices, health and wellness clinics that are open to public use and available to serve students, faculty, employees and other persons associated with the College

P*

P

Related Uses

Outdoor athletic, recreational or entertainment-related facilities with night lighting and/or amplified sound systems

C*

C*

Accessory uses and buildings customarily used to support a permitted use or an approved conditional use, including parking lots/parking areas and service roads needed to serve permitted or conditional uses

P

P

Outdoor storage provided such storage is set back at least 25 feet from the Campus boundary

P*

P

Buildings containing a mix of uses permissible in this district

P*

P

Other Uses

Government offices and facilities (including but not limited to: administration, public safety, utilities, and similar uses)

P*

P

Diagnostic testing, counseling and administrative offices. Meeting, office and administrative facilities for nonprofit, philanthropic, and public community service programs

P*

P

The conversion of buildings or structures from office, commercial or retail use to classroom space or other College or educational purposes

NA

P

Temporary activities and sales such as Christmas trees, benefit sales and activities, and other holiday products

P

P

Arts and crafts studios

P*

P

Accessory and secondary uses that traditionally occur on college campuses

P*

P

Key to Permitted Uses

P = Uses Permitted Outright

C = Conditional Uses subject to the standards outlined in BDC Chapter 4.4

N = Not Permitted

NA = Not applicable

*    Use shall primarily serve College students, faculty, staff, and/or employees or the intended use is associated with College activities and/or programs, or the use is accessory to a permitted use.

1    No single retail user may exceed 20,000 square feet on the first floor.

♦See BDC Chapter 3.7, Wireless and Broadcast Communication Facilities – Standards and Process.

 

Table 2.7.1004.B – Development Standards 

Development Standards

Core Campus

Campus Village

Lot Dimensions

None

Front, Side, and Rear Yard Setback

None, except when abutting a Residential Zone. A 100-foot setback is required abutting residential zoned property (excluding rights-of-way) along the external boundary of the Campus.

None, except when adjacent to a Residential Zone. Where a residential structure abuts a lot in a Residential Zone, the yard setbacks shall be the same as the setbacks of the abutting Residential Zone. Nonresidential buildings, parking areas, drives, and private roads shall be set back a minimum of 25 feet from the boundary where it abuts a Residential Zone.

Building Height

70 feet provided building is set back a minimum of 100 feet from the Campus boundary where the boundary line abuts a Residential Zoning District. Building height shall not exceed 50 feet if developed within 100 feet of the Campus boundary where the boundary line abuts a Residential Zoning District.

60 feet provided building is set back a minimum of 100 feet from the Campus boundary where the boundary line abuts a Residential Zoning District. Building height shall not exceed 50 feet if developed within 100 feet of the Campus boundary where the boundary line abuts a Residential Zoning District.

Lot Coverage

No minimum or maximum requirement

Architectural Design Standards

All buildings within 100 feet of the Campus boundary where the boundary line abuts a Residential Zoning District are subject to the applicable design standards of BDC 2.1.900 and 2.1.1000.

All other buildings are required to use architectural features such as: windows, pedestrian entrances, building offsets, projections, detailing, and change in materials or similar features to break up and articulate large building walls greater than 80 linear feet in length. A minimum of 15% of the horizontal building facade and a minimum of 10% of all other horizontal building elevations shall contain a variety of architectural features.

Building Entrances

Recessed entries, canopies, and/or similar features shall be used at the entries to buildings in order to create a pedestrian scale

Landscape Requirements

Due to the large size of the Campus, the landscaping standards of BDC Title 3 shall only apply to an area that is measured 25 feet beyond the perimeter of the footprint of proposed new development sites for buildings and/or parking lots.

Landscape Buffer Requirement

A 25-foot landscape preservation buffer is required abutting streets along the external boundary of the Campus. A 100-foot landscape preservation buffer is required abutting residential zoned property (excluding rights-of-way) along the external Campus boundary of the Core Campus Area.

[Ord. NS-2251, 2015; Ord. NS-2196, 2013; Ord. NS-2158, 2011; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1005 Parking.

In accordance with Table 3.3.300, a Parking Management Plan shall be formulated for the Core Campus Area and updated with each subsequent Site Plan Review application. The Campus Village Area may be included in this plan or parking in the Campus Village Area may be provided based on other uses in Table 3.3.300. The Parking Management Plan may specify alternative parking standards for the district that supersede and replace the standards contained in BDC Chapter 3.3. The Parking Management Plan shall also address the bicycle parking requirements of BDC Chapter 3.3. [Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1006 Access and Circulation.

Figure 4 illustrates the location of existing buildings, structures, roads, drives and trails within the boundaries of the district and provides a conceptual depiction of some of the planned future private roads and private drives within the Core Campus Area and Campus Village Area. The final design, location and approval of all private roads and private drives shall be established solely through the COCC Road/Drive Design Review process (set forth in BDC 2.7.1010) and shall not be subject to review under any other sections of the Development Code. Due to the steep topography, existing natural features and fully integrated nature of the COCC Campus, private roads and private drives are exempted from the block length and block perimeter requirements contained in BDC Chapter 3.1. Private roads and private drives are not required to be designated in Figure 4 provided they are approved through the COCC Road/Drive Design Review process. [Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1007 Transportation.

Core Campus uses shall be permitted in both the Core Campus area and the Campus Village area without a limit on the number of overall trips. The number of Core Campus “students” shall be utilized as the independent variable in trip generation calculations. Campus Village uses shall be permitted in the Campus Village area subject to the trip threshold established as a condition of zone change approval (Ordinance NS-2127).

Trip reducing mitigation measures, including but not limited to a coordinated TDM plan, may be evaluated and credited in connection with each development application. In accordance with BDC Chapter 4.2, applications for the development of Campus Village and Core Campus uses must demonstrate that transportation facilities have adequate capacity to serve the proposed use. [Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1008 Development Not Requiring Site Plan Approval.

The College shall not be required to obtain site plan and design review under BDC Chapter 4.2 for any of the following development actions provided any associated structures are located outside of the setbacks identified in Table 2.7.1004.B:

•    Private roads and private drives as described in BDC 2.7.1006.

•    The construction and/or extension of pedestrian facilities, sidewalks, trails, bicycle facilities and multi-modal or transit facilities.

•    The placement and/or extension of utilities. [Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1009 Natural Resource Plan.

In conformance with the landscape conservation requirements of BDC Chapter 3.2, an inventory of significant vegetation shall be submitted along with a preservation plan for each site plan application. The natural resource inventory shall include all significant vegetation by size (DBH) and species, as well as rock outcroppings, with two-foot contours shown. [Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

2.7.1010 COCC Road/Drive Design Review.

A.    Purpose. Table 2.7.1010 specifies private road and private drive standards that are adapted to the integrated nature of the district. The standards and requirements contained in this section and Table 2.7.1010 supersede and replace any other standards and requirements set forth in the Development Code. The COCC Road/Drive Design Review process (COCC-RDR) contains the specific design standards and review process for private roads and private drives within the Core Campus Area and Campus Village Area. All private roads and private drives shall comply with the standards specified in this section.

B.    Applicability. This section applies to private roads and private drives constructed within the Core Campus Area and Campus Village Area.

C.    Review. COCC-RDR applications are reviewed under the Type II process set forth in BDC 4.1.400.

D.    COCC-RDR Submission Requirements. An application for COCC-RDR shall include the following information, to the extent determined applicable by the Development Services Director, based on the size, scale and complexity of a proposed development:

1.    A map showing the location, width and grade of the proposed road and/or drive and any proposed new connection to the existing road system. The map shall also depict surrounding areas within 100 feet of the proposed road and/or drive (hereafter the “project site”).

2.    The location and width of all public or private streets, roads and/or drives within the project site. Aerial photographs may be used for this purpose.

3.    An identification of existing natural features within the project site, including trees, which are proposed to be retained, removed or modified by the proposal.

4.    Preliminary grading and drainage plans prepared by a registered professional engineer or registered landscape architect.

E.    COCC-RDR Approval Standards. A private road or private drive within the boundaries of the district shall be approved subject only to the standards provided below:

1.    The private road or private drive is in conformance with one of the applicable drive or road type standards set forth in Table 2.7.1010.

2.    The private road or private drive meets the setbacks established in Table 2.7.1004.B.

3.    Adequate pedestrian and bicycle access is provided either in connection with the proposed road or drive or through existing or planned pedestrian/bicycle corridors located in alternative locations within the district.

4.    Lighting shall be installed at locations where the road or drive intersects with a public roadway.

5.    Fire Department approval shall be required for any road grades in excess of the standards contained in Table 2.7.1010.

6.    All drainage shall be contained on site or within approved drainage systems.

7.    Where private roads and/or private drives connect to public right-of-way, the connection point shall comply with City standards and specifications.

 

Table 2.7.1010 – COCC Core Campus Area and Campus Village Area Specifications for Private Roads and Private Drives

Drive or Road Type

Pavement Width**

Travel Lane Width

Grade Maximum*

Cross Slope Maximum***

Curb Reveal

Side Slopes Maximum

Two way

20' to 28'

10' to 12'

12%

2%

0" to 6"

Cut slopes in solid rock or cemented tuff shall not exceed a slope of 0.5:1. Otherwise, cut and fill slopes shall not exceed 2:1 except as approved by the City Engineer.

One way

8' to 15'

8' to 15'

12%

2%

0" to 6"

Service

8' to 24'

8' to 12'

12%

2%

0" to 6"

Fire access

20'

20'

12%

2%

0" to 6"

Alley

15' to 20'

7.5' to 10'

12%

2%

0" to 6"

*    Grades in excess of 10 percent require Fire Department and City Engineer approval.

**    Additional paving width may be required to accommodate road grades, operations, and/or parking.

***    Cross slopes greater than two percent may be allowed subject to approval by the City Engineer.

[Ord. NS-2251, 2015; Ord. NS-2196, 2013]

[Ord. NS-2196, 2013; Ord. NS-2126, 2009; Ord. NS-2016, 2006]

 

Article XI. Juniper Ridge Overlay Zone

2.7.2000 Juniper Ridge Overlay Zone.

2.7.2010 Purpose.

This chapter applies to all development within the Juniper Ridge Overlay Zone. The purpose of the Juniper Ridge Overlay Zone is to promote economical, sustainable, and reasonable growth in Juniper Ridge by creating unique overlay zoning sub-districts for residential, commercial, educational and industrial uses. [Ord. NS-2152, 2010; Ord. NS-2134, 2009; Ord. NS-2016, 2006]

2.7.2020 Implementation.

A.    The Juniper Ridge Overlay Zone consists of the area within the dashed line shown on Figure 2.7.2020, Juniper Ridge District Map.

Figure 2.7.2020

Juniper Ridge District Map

[Ord. NS-2152, 2010; Ord. NS-2134, 2009; Ord. NS-2016, 2006]

2.7.2030 Employment Sub-District.

A.    Purpose. The Juniper Ridge Employment Sub-District is a 306-acre area that is intended to promote economical, sustainable, and reasonable growth by allowing a mix of light industrial uses, offices for research and development, corporate and regional headquarters and accessory uses to serve the needs of these primary uses. The Employment Sub-District will:

•    Provide a variety of employment opportunities.

•    Promote efficient use of the land.

•    Promote pedestrian and other multi-modal transportation options.

•    Ensure compatibility of uses within the development and with the surrounding areas.

•    Create an efficient, interconnected system of streets with standards appropriate to the intensity and type of adjacent use.

•    Create safe and attractive streetscapes that will meet emergency vehicle access requirements and enhance pedestrian and bicycle access.

B.    Applicability. The Employment Sub-District Overlay shall apply to all lands that are zoned Industrial Light (IL) and within the boundaries of the Juniper Ridge Overlay Zone depicted in Figure 2.7.2030.A. The standards of this section shall supersede those of the underlying zone unless no special standards within the sub-district are provided.

C.    Infrastructure Implementation. Development within the Employment Sub-District shall not occur unless adequate public facilities are in place to serve the property prior to occupancy.

D.    Transportation Management Association (TMA). A TMA organized to operate in a manner that is consistent with the Transportation Demand Management goals and policies in the City’s Transportation System Plan and BDC Chapter 4.7 will be developed for the Employment Sub-District. All site development review applications within the Employment Sub-District that are subject to review under BDC Chapter 4.2 shall demonstrate conformance with Employment Sub-District TMA program requirements.

E.    Permitted and Conditional Uses. The land uses listed in Table 2.7.2030.A are allowed in the Employment Sub-District, subject to the provisions of this chapter. Only land uses that are specifically listed in Table 2.7.2030.A and land uses that are approved as “similar” to those in Table 2.7.2030.A may be allowed.

F.    Limitations on Permitted Uses. Small-scale personal and professional service uses shall be limited to an aggregate area total within the Employment Sub-District not to exceed 30,000 square feet.

G.    Determination of Similar Land Uses. Similar use determinations shall be made in conformance with the procedures in BDC 4.1.1400, Declaratory Ruling.

Figure 2.7.2030.A

Employment Sub-District Map

 

Table 2.7.2030.A Permitted Land Uses 

Land Use

Employment Sub-District

Light manufacturing, fabrication, assembly and repair with incidental sales associated with a permitted use

P

Heavy manufacturing, assembly and processing of raw materials and recycling

C

Wholesale distribution, warehousing and storage

P

Research and development facilities

P

Production office (e.g., IT support centers, biotechnology, software/hardware development, broadcast and production studios/facilities.)

P

Wholesale processing uses (e.g., dry cleaning, laundry)

C

Food and beverage processing and packaging

P

Medical and dental laboratories

P

Small-scale personal and professional services

• Within a freestanding or multi-tenant building, up to 2,500 square feet of gross floor area (e.g., coffee shop/deli, dry cleaners, barber shops and salons, copy centers, banks, financial institutions, and similar uses)* shall be allowed

• Within a freestanding or multi-tenant building, up to 10,000 square feet for child care, fitness center and similar uses shall be allowed when a site has frontage and/or direct access to an arterial or collector street

P

Corporate headquarters/regional corporate office

P

Trade, vocational, technical, professional, business schools including university programs serving industrial needs

P

Professional consulting services

P

Industrial and professional equipment and supply sales

P

Professional office accessory to a primary use, in the same building, up to 30% of the floor area of the primary use

P

*Utilities (above ground)

P

Public park and recreation facility (not including private open space)

C

Wireless and broadcast communication facilities

See BDC Chapter 3.7

Key to Permitted Uses

P = Permitted

C = Conditional Use

*    In conformance with BDC 2.4.800, Special Development Standards.

H.    Vehicle Trip Limit. Development within the Employment Sub-District shall be limited to a maximum of 2,220 p.m. peak hour vehicle trips that will be allocated consistent with the terms of Intergovernmental Agreement No. 27115 and phased in accordance with the following mitigation table:

 

Table 2.7.2030.B Mitigation Improvements 

PHASE

P.M. PEAK HOUR TRIPS

MITIGATION IMPROVEMENT

1

700

Empire Avenue/18th Street

Roundabout

Empire Avenue/US-97

Northbound Ramp Terminal

Empire Avenue/US-97

Southbound Ramp Terminal

Third Street to US-97

2

600

US-97 Improvements between Nels Anderson and Bowery Lane

3

580

18th Street Corridor Improvements

Cooley Road to Empire Avenue

4

340

US-97 Southbound Improvements

Empire Avenue to Butler Market Road

Purcell Street Extension

Cooley Road to Yeoman Road

1.    The Vehicle Trip Limit shall be the considered the Employment Sub-District Transportation Mitigation Plan and shall apply to all land use applications that propose development that will generate peak hour vehicle trips. A p.m. peak hour trip is defined as a trip occurring between 4:00 p.m. and 6:00 p.m., as further defined by the Institute of Transportation Engineers Trip Generation Manual.

2.    No land use application shall be deemed complete unless it includes a Traffic Impact Analysis (TIA) that complies with the City of Bend standards for preparing a TIA identified in BDC Chapter 4.7, and includes an evaluation of Transportation Demand Management Measures (TDM) that will minimize peak hour vehicle trips generated by the proposed development.

3.    The City shall provide written notification to ODOT when a land use application is deemed complete at least 20 days before a decision is issued.

4.    Peak hour vehicle trip allocations are committed upon City approval of the proposed land use action and will expire consistent with BDC 4.1.1310(B).

5.    Land use applications in any phase that propose development that will generate peak hour trips that (a) exceed the peak hour trip thresholds identified in Table 2.7.2030.B, Mitigation Improvements, prior to the construction of local street improvements, or (b) prior to the execution of a Cooperative Improvement Agreement for the construction of improvements on State highway facilities, or (c) exceed the cumulative total vested peak hour vehicle trips for the phase in which the application is submitted, may be approved only if they meet the requirements of OAR 660-012-0060.

The City shall not grant site plan approval for any development proposal that exceeds a cumulative site total of 2,050 peak hour trips until all Phase 4 mitigation improvements identified in Table 2.7.2030.B, Mitigation Improvements, are constructed or agreed to be constructed in Cooperative Improvement Agreement(s) or Development Agreement(s).

I.    Development Standards.

Table 2.7.2030.C Development Standards 

Maximum Building Height

65 feet

Minimum Front Yard Setback

10 feet

Maximum Front Setback on Primary Street Frontage

30 feet

Minimum Primary Street Frontage

50 feet

Minimum Side Yard Setback

0 feet (100 feet when abutting a Residential Zone)

Minimum Rear Yard Setback

0 feet (100 feet when abutting a Residential Zone)

Maximum Building Coverage

50 percent of total lot area

J.    Additional Development Standards.

1.    Off-Street Parking and Loading. Off-street parking and loading spaces shall be provided as required in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking. All off-street parking or loading areas and access drives shall be paved and continually maintained.

2.    Block Length and Perimeter. Figure 2.7.2030.B depicts the interconnected, multi-modal transportation network for the Employment Sub-District. Therefore, the block length and perimeter standards of BDC 3.1.200 are not applicable in the Employment Sub-District. If during development review it is determined that the street alignments shown in Figure 2.7.2030.B cannot be met due to topography, natural features or other development-related barriers, any development approval for such areas shall provide walkways or access ways in conformance with the provisions of BDC 3.1.300, Multi-Modal Access and Circulation.

3.    Parking and Loading Setback. Where the Employment Sub-District abuts a Residential Zone, any off-street parking and loading areas shall be set back at least 30 feet from the abutting residential property line and the setback area shall be landscaped a minimum of 30 feet to provide a buffer along the adjoining residential property. Landscaping shall be maintained by the property owner and shall conform to the standards in BDC 3.2.200, Landscape Conservation, and 3.2.300, New Landscaping.

4.    Maintenance of Undeveloped Property. All undeveloped property on a developed site shall be either left in a natural state, or landscaped and continually maintained according to the requirements and standards in BDC 3.2.200, Landscape Conservation, and 3.2.300, New Landscaping.

5.    Prohibition of Nuisance Activities. All development shall be designed and constructed so that operation of the uses on the property will not create a nuisance or hazard on any adjacent property or right-of-way from noise, vibration, heat, glare, dust, or odorous, toxic or noxious matter.

6.    Parking and Circulation. No vehicle circulation or parking except for access driveways shall be permitted within any minimum front yard setback area.

7.    Corner Lots and Through Lots. For buildings on lots with more than one street frontage or through lots, the minimum front yard setback standards in Table 2.7.2030.C shall be applied to all street frontages. The maximum setback standard shall be applied to only one of the frontages. Where the abutting streets are of different classifications, the maximum setback standard shall be applied to the higher classification of street.

8.    Fencing and Screening.

a.    Perimeter Fencing. Lot perimeter fencing is only permitted within the Employment Sub-District under the conditions set forth in Table 2.7.2030.D, Fencing and Screening Conditions.

b.    Standard Fencing. Standard nondecorative fencing may be installed in areas not visible from street rights-of-way or adjoining properties within the Employment Sub-District. Standard fencing also may be used as specified in Table 2.7.2030.D. A minimum quality of standard fencing shall be black vinyl-coated chain link.

c.    Upgraded Fencing. Upgraded fencing shall be provided as specified in Table 2.7.2030.D. Upgraded fencing is intended to provide limited security, discourage trespass, and provide an informative demarcation between uses (e.g., public/private, institutional/private/public, etc.). Design considerations for upgraded fencing shall include:

•    Simplicity as opposed to excessive ornamentation.

•    Low maintenance/ease of landscape maintenance on each side.

•    Respect for the design theme of established development on adjacent parcels.

•    A clear relationship to the building’s architecture.

•    Consideration of a standard design where a large property shares a common boundary with several smaller properties.

d.    Architectural Screen Walls. Architectural screen walls shall be used to screen service and loading areas; above-ground utilities such as transformers and generators, exterior material and equipment storage areas, work yards, and trash and/or recycling areas. Architectural screen walls may be used to screen other on-site amenities such as private patios and employee break areas. Architectural screen walls shall be integrated into the overall building architectural statement, employing materials and colors drawn from the building design palette. The size of an area enclosed by an architectural screen wall shall be the minimum necessary to accommodate the facility or operation that is to be screened.

e.    Fencing and Screening on Steep Slopes. Properties with more extreme variations in topography (e.g., substantial slopes adjacent to relatively flat areas) shall employ fencing and/or screening design approaches that are thoughtfully integrated with the site’s unique characteristics while fulfilling the overall functional intent of these features. Stair-step fence profiles shall be avoided.

Table 2.7.2030.D Fencing and Screening Conditions 

Condition

Subcondition

Required Treatment (Minimum Standard)

Property line adjacent to a public right-of-way

Improved right-of-way

Upgraded Fencing

Unimproved right-of-way

No requirement prior to development

Property line adjacent to the railroad line across the northwest corner of the site

 

Standard Fencing

Property line on the west and south perimeter of Juniper Ridge Employment Sub-District

Adjacent to residential zoned property

Standard Fencing

Adjacent to commercial zoned property

Upgraded Fencing

Adjacent to permanent open space

Upgraded Fencing

Adjacent to public facility zoned property

Standard Fencing

Property line shared between two abutting lots

When properties share a common property line

No fencing allowed if it interferes with shared access/parking; Upgraded Fencing if it does not interfere with shared access/parking; Architectural Screen Wall if exterior loading or storage

Property line adjacent to a park or open space

 

Upgraded Fencing

Property line on the east perimeter of the Employment Sub-District

Adjacent to Residential or mixed-use

Upgraded Fencing

Adjacent to higher education land uses

Upgraded Fencing

Fencing/screening around a loading or exterior storage area

Visible from right-of-way

Architectural Screen Wall

Not visible from right-of-way

Standard Fencing

Screening around a trash and/or recycling enclosure or exterior storage

 

Architectural Screen Wall

Fencing around a secure parking lot

Visible from right-of-way

Upgraded Fencing

Not visible from right-of-way

Standard Fencing

K.    Employment Sub-District Street Alignments. Figure 2.7.2030.B, the Juniper Ridge Employment Sub-District Transportation Plan Map, depicts the conceptual alignment of the Sub-District transportation network. Precise street alignments shall be determined through the development review process. Alternate alignments may be approved in accordance with subsection (J)(2) of this section, or if it is demonstrated through the development review process that equivalent or improved safety and circulation will be achieved. The final multi-use path alignment shall be established prior to either the associated land division or Site Development Review, whichever occurs first. To ensure consistency, amendments to street classifications in the TSP are incorporated into Figure 2.7.2030.B, i.e., if the TSP is amended to reclassify a collector street as an arterial, Figure 2.7.2030.B is equally amended.

L.    Employment Sub-District Street Cross-Sections. Figures 2.7.2030.C.1 and 2.7.2030.C.2 depict the typical street cross-sections in the Employment Sub-District. Alternative cross-sections that respond to site-specific circumstances may be approved by the City Engineer through the development review process.

M.    Employment Sub-District Access Standards. Due to large block sizes and large lot sizes, multiple access points to each lot in the Employment Sub-District will be permitted, including accesses to higher order transportation facilities, as long as the standards of this section are met. The following access standards supersede the vehicular access management standards of BDC Chapter 3.1.

1.    Minimum Access Spacing.

a.    Access points on local streets shall be a minimum of 10 feet apart as measured from edge of driveway to edge of driveway.

b.    Access points on collector streets shall be a minimum of 300 feet apart as measured from centerline of access to centerline of access.

c.    Access points on arterial streets shall be a minimum of 300 feet apart as measured from centerline of access to centerline of access.

2.    Additional Access Standards.

a.    Driveways onto arterials and collectors may have directional restrictions (i.e., right-in/right-out only) depending on the roadway’s characteristics, including number of lanes, queuing at nearby intersections/driveways, and locations of signals or roundabouts, and locations of conflicting accesses.

b.    Directional restrictions will be determined by the City Engineer after a review of the Transportation Impact Analysis provided by the applicant.

c.    Crossing of the multi-use path by driveways shall not be allowed unless there are no other access options for the site. If allowed, a driveway access crossing a multi-use path shall be constructed to provide shared access to adjacent property, when applicable.

d.    Driveways shall not be located within 300 feet of an intersection.

e.    Only one access is permitted per street frontage (including shared access); however, lots may have multiple street access points, so long as minimum access spacing requirements are met.

f.    The centerlines of driveways are required to align across arterials and collectors to minimize conflicting turning movements and allow for adequate turn storage.

g.    Shared access may be required, in order to comply with these access requirements. All access driveways on local truck roads shall provide shared access to adjacent property to the extent practicable.

3.    Exceptions to the Access Standards of This Section. Alternate access may be approved by the City Engineer if all of the following criteria are met:

a.    The minimum access spacing standards of this section cannot be met.

b.    Shared access with an adjoining property cannot be established.

c.    Access to the roadway at the proposed location is critical to the function of the development on the property.

d.    Operations and safety of the public road system is maintained for a minimum analysis period of 15 years as demonstrated in a Transportation Impact Analysis, including an assessment for the 95 percent queue. The queuing between the proposed driveway and an intersection shall not overlap.

e.    On arterial and collector streets, directional turn restrictions are applied.

f.    AASHTO intersection sight distances are available at the proposed access point.

Figure 2.7.2030.B

Employment Sub-District Transportation Plan Map

Figure 2.7.2030.C.1

Employment Sub-District Street Cross-Sections

Figure 2.7.2030.C.2

Employment Sub-District Street Cross-Sections

Figure 2.7.2030.C.3

Employment Sub-District Street Cross-Sections

N.    Employment Sub-District Natural Resource Areas. Heritage trees, significant rock outcrops, preserved open spaces and natural landscape buffers within the Employment Sub-District are identified in Figure 2.7.2030.D, Employment Sub-District Natural Resource Identification Map. Open space areas are required to be retained and no development will be allowed in them. Natural landscape buffers are required to be maintained with native landscaping or, if they are disturbed by adjacent site development, to be revegetated with native landscaping. Heritage trees and significant rock outcrops are defined in the Juniper Ridge Design Guidelines, Chapter 1.1, Key Site Attributes, and identified in Figure 2.7.2030.D. They are mapped solely with the intention of providing guidance to site design and site development, with the overall goal of preserving as many of these resources as is practicable. The City may allow one or more of the exceptions to development standards listed in BDC 3.2.200(D) (landscape conservation), if heritage trees and/or significant rock outcrops identified in Figure 2.7.2030.D are preserved by a proposed development. The identification of heritage trees in Figure 2.7.2030.D is based upon the Phase I: Juniper Ridge Ecological Site Assessment – Summary Report and Maps, prepared by Gene Hickman and Matt Shinderman, 2007.

Figure 2.7.2030.D

Employment Sub-District Natural Resource Identification Map

[Ord. NS-2303, 2018; Ord. NS-2158, 2011; Ord. NS-2152, 2010; Ord. NS-2134, 2009; Ord. NS-2016, 2006]

2.7.2040 Town Center Sub-District – Reserved for Future.

(This section shall be developed and codified at a future date to be determined.) [Ord. NS-2152, 2010; Ord. NS-2134, 2009; Ord. NS-2016, 2006]

2.7.2050 Educational Sub-District – Reserved for Future.

(This section shall be developed and codified at a future date to be determined.) [Ord. NS-2152, 2010; Ord. NS-2134, 2009; Ord. NS-2016, 2006]

2.7.2060 Residential Sub-District – Reserved for Future.

(This section shall be developed and codified at a future date to be determined.) [Ord. NS-2152, 2010; Ord. NS-2134, 2009; Ord. NS-2016, 2006]

Article XII. Stone Creek Master Planned Development

2.7.3000 Stone Creek Master Planned Development.

2.7.3010 Applicability.

The area regulated by the Stone Creek Master Plan is approximately 88 acres of land south of Reed Market Road and north of Brosterhous Road. It is bounded on the north by the Central Oregon Irrigation District main lateral, to the east by the American Lane Industrial area, to the south by Brosterhous Road and to the west by the Aspen Reserve Master Planned Development area and other residential subdivisions. Conditions of approval pertaining to the timing of required public infrastructure improvements are contained in Ordinance NS-2223. [Amended during 11/14 supplement; Ord. NS-2223, 2014]

2.7.3020 Purpose.

The purpose of the Stone Creek Master Planned Development is to create a coordinated neighborhood with special development standards for the residential, commercial, recreational, and public institutional uses within the master plan area. The master plan development objectives are to:

•    Provide a variety and mixture of housing types and densities with compatible architectural styles in a coordinated neighborhood.

•    Identify and coordinate street and utility locations.

•    Provide a site for the construction of a public elementary school.

•    Designate neighborhood open space for construction and maintenance of a public park.

•    Establish design standards for streets, sidewalks and building locations to create streetscapes that are safe and accessible for all modes.

•    Provide an area for neighborhood commercial to reduce vehicle trips and create a mixed-use residential neighborhood.

•    Create safe and convenient pedestrian and bicycle circulation and trail connections.

The plan promotes the development of a mixed-use neighborhood based on traditional planning principles with a network of connected streets, some narrower than required by Chapter 3.4, to help distribute local traffic evenly. A neighborhood park is provided to protect the ASI and provide community open space. Neighborhood commercial at the center of the neighborhood on Brentwood Avenue will reduce the use of automobiles while keeping the associated commercial traffic away from the residential areas. [Ord. NS-2223, 2014]

2.7.3030 Permitted Uses.

All residential uses described in BDC 2.1.200 for the RM zone shall be permitted in the residential areas of the Stone Creek Master Planned Development area. Uses as described in BDC 2.2.300 for the CC zone shall be permitted in the commercial area. The public school and park are permitted uses in the areas shown on the Stone Creek Master Plan overlay map. [Ord. NS-2223, 2014]

2.7.3040 Development Standards.

The special standards of the Stone Creek Master Plan area shall supersede the standards of the underlying zone where they vary. Where no special standards are provided, the applicable standards of the underlying zone shall apply. An exception to BDC 2.1.300(H), Residential Compatibility Standards, was granted for the lots along the west boundary, south of the future extension of Rolen Avenue.

A.    Setbacks Standards.

Table 2.7.3040 – Setbacks 

Use

Front

Side

Rear

Single-Family Detached

10 feet, except garages shall be 20 feet

5 feet

5 feet

Duplex/Triplex

10 feet, except garages shall be 20 feet

5 feet

5 feet

Multifamily

10 feet, except garages shall be 20 feet

5 feet

5 feet

Single-Family Attached (Townhomes)

5 feet, except garages shall be 20 feet

0 feet

0 feet

Neighborhood Commercial

10 feet

5 feet, when abutting residential

0 feet

Other Conditional Uses per BDC 2.1.200

10 feet

0 feet

0 feet

B.    Building Height. Building height requirements are based on use as follows:

1.    Single-family, duplex and triplex dwellings: 35 feet.

2.    Multifamily (more than three attached units): 45 feet.

3.    School site: 45 feet.

4.    Commercial: 35 feet with additional 10 feet for residential above commercial.

5.    Park and community amenities: 35 feet.

C.    Building Mass and Scale. There is no minimum or maximum floor area ratio requirement. All single-family dwellings, duplexes and triplexes shall have a maximum lot coverage of 60 percent. Multifamily housing, commercial and public uses shall have no maximum lot coverage.

D.    Lot Area and Dimensions.

1.    Single-family detached and attached units shall meet the lot area and dimension requirements for the RM zone contained in BDC Table 2.1.500.

2.    The minimum lot area for duplex units is 4,000 square feet, and 5,500 square feet for triplex units. Both duplex and triplex units shall have a minimum lot width of 30 feet and a minimum lot depth of 80 feet.

3.    Two detached dwelling units are allowed on lots greater than 6,000 square feet.

4.    There is no minimum lot area, width, or depth for multifamily housing, commercial, school, or park sites.

E.    Density. Density may be averaged across the residential districts; provided, that the overall density for the entire master plan development area meets the minimum density requirement of 555 dwelling units (60 percent of the maximum density), and does not exceed the maximum density of 925 dwelling units. [Ord. NS-2223, 2014]

2.7.3050 Multifamily Development Areas.

Multifamily housing may be located on platted lots, as zero lot line products, or as units in a condominium or apartment development with shared use of common facilities such as driveways, parking areas, sidewalks, entryways, pedestrian access corridors, open space and lawn areas. Multifamily housing need not have frontage on a public road so long as permanent legal access established through a nonrevocable easement, with provisions for maintenance, is provided to each dwelling unit. [Ord. NS-2223, 2014]

2.7.3060 Neighborhood Park.

A neighborhood park shall be provided at the location depicted on Figure 2.7.3070.A. [Ord. NS-2223, 2014]

2.7.3070 Street and Pedestrian Standards.

Street and pedestrian standards shall be consistent with the requirements of this code, except as set forth below:

A.    Street Section 1 (Whitetail and Stone Creek Streets) – Neighborhood Collector. Street Section 1 will be used on the primary north-south streets that connect Brosterhous Road to the south, Brentwood Avenue in the center of the site, and the multifamily area at the north edge of the site along the canal. These streets will consist of 60 feet of public right-of-way with 10-foot vehicle travel lanes, six-foot bike lanes, a seven-plus-foot landscape strip, and six-foot-wide sidewalks.

B.    Street Section 2A/2B (Brentwood) – Collector. Brentwood Avenue, designated on the City’s TSP as a major collector road, connects the residential neighborhood to the west and is expected to extend beyond the site to the industrial area to the east in the future. On the Stone Creek site, Brentwood will connect the park, elementary school, and north-south streets, and will have an 80-foot right-of-way for its entirety through the site. Two street sections will be used for Brentwood Avenue. Both Sections 2A and 2B will have 11-foot vehicle travel lanes, six-foot bike lanes, and eight-foot-wide sidewalks. Section 2A will have an eight-foot-wide parking strip for parallel parking. Section 2B will have wider landscape strips. Landscape strips between the curb and sidewalk will vary from 11 to 15 feet in width.

C.    Street Section 3 – Local Residential. The secondary east-west streets in the residential areas of the neighborhood will be standard, local residential streets consisting of 60 feet of public right-of-way with eight-foot vehicle travel lanes, eight-foot-wide on-street parking, a nine-foot-wide landscape strip, and five-foot-wide sidewalks.

D.    Street Section 4 (Brosterhous Rd) – Collector. Brosterhous Road is an existing City collector street located along the southern boundary of the site. The portion of this street adjacent to the Stone Creek Master Plan area consists of 80 feet of public right-of-way which will be improved to current City collector street standards with 11-foot-wide vehicle travel lanes and a 12-foot-wide eastbound left turn lane onto Whitetail Street, six-foot bike lanes, 11-plus-foot-wide landscape strips, and five-foot-wide sidewalks.

E.    Street Trees. Street trees shall be provided along all streets in conformance with BDC 3.2.400, Street Trees.

[Ord. NS-2223, 2014]

Article XIII. Wildflower Master Planned Development

2.7.3100 Wildflower Master Planned Development.

2.7.3110 Applicability.

The area regulated by the Wildflower Master Plan is approximately 33 acres of land east of SE 15th Street, west of the Pinewood Natural Area, and south of the future extension of SE Wilson Avenue. The area contains two mapped Upland Areas of Special Interest (ASI). Conditions of approval pertaining to the timing of required public infrastructure improvements are contained in the ordinance codified in this article. [NS-2250, 2015]

2.7.3115 Purpose.

The purpose of the Wildflower Overlay Zone and Districts is to implement the Wildflower Master Development Plan and the Bend Urban Area General Plan policies and to create overlay standards for the residential and commercial areas within the Wildflower Master Development Plan boundaries. The overlay zone standards and districts will:

•    Provide housing types consistent with the RM Zone.

•    Protect ASIs and trees.

•    Locate higher density housing adjacent to the ASIs and 15th Street.

•    Create opportunities for community commercial and small scale businesses in selected locations to foster a mixed-use residential neighborhood.

•    Promote pedestrian and other multi-modal transportation options, including key trail connections and separated sidewalks.

•    Create an interconnected system of private and public streets with standards appropriate to the enclave nature of the site.

•    Create safe and attractive streetscapes that will meet emergency access requirements and enhance pedestrian and bicycle access. [NS-2250, 2015]

2.7.3125 Districts.

The special standards of the Wildflower overlay districts shall supersede the standards of the underlying zone unless as noted in this chapter. Where no special standards are provided, the applicable standards of the underlying zone shall apply.

Figure 2.7.3125

Wildflower Master Planned Development Districts

[NS-2250, 2015]

2.7.3130 Wildflower Glen Housing District.

The purpose of the Wildflower Glen Housing District is to provide a transitional area between existing residential development and proposed development. This area will include a variety of housing types. Smaller lots with greater lot coverage will allow for preservation of trees in open space areas. This area is primarily on the eastern portion of the Wildflower MPD and adjacent to existing single-family homes.

A.    Permitted Uses. Permitted uses shall be as contained in BDC Table 2.1.200 for the Residential Medium Density Zone (RM) or otherwise allowed in the RM Zone, except the area south of Bronzewood Avenue which is restricted to uses permitted in the RS Zone.

B.    Development Standards. The lot size and development standards of the RM Zone shall apply to all uses, except the area south of Bronzewood Avenue which is subject to the RS Zone lot sizes and development standards.

C.    Density. The maximum density is 21.7 units per acre. [NS-2250, 2015]

2.7.3135 Wildflower Hills Multifamily Housing District.

The purpose of the Wildflower Hills Housing District is to provide higher density housing development, three attached units and greater, adjacent the two ASIs in order to take benefit of the topography, shielding, and buffering effect of the ASIs and commercial node. Townhomes, apartments, and other forms of attached housing will allow a diversity of housing types and a mix of residential density.

A.    Permitted Uses. Permitted uses shall be as contained in BDC Table 2.1.200 for the Residential Medium Density Zone (RM). In addition to these uses, the following uses are also permitted:

1.    Community buildings and recreational facilities.

2.    Live-work units.

3.    Ground floor service commercial when more than 10 upper story residential units are developed within the same structure.

B.    Development Standards. The lot size and development standards of the RM Zone shall apply except as listed below:

1.    Building Height. The maximum building height is 55 feet.

2.    Lot Coverage. There is no maximum lot coverage.

C.    Density. The maximum density is 42 units per acre, which includes the density transfer from the protected ASIs. [NS-2250, 2015]

2.7.3140 Wildflower Plaza Mixed Employment (ME) District.

The purpose of the Wildflower Plaza ME District is to provide a service commercial area for nearby residents. Residential units may be developed primarily on upper stories of commercial structures. The topography in this area makes understory parking possible in certain areas. The nearby ASIs and commercial node areas provide a shielding and buffering effect on the higher density development in the Wildflower Hills Multifamily Housing District.

A.    Permitted Uses. Permitted uses shall be as contained in BDC Table 2.3.200 for the Mixed Employment District (ME), with the following exceptions and additional uses:

1.    No drive-through windows allowed except for coffee huts with a maximum size of 100 square feet.

2.    Animal clinics, fully enclosed, may be allowed for small animals; no large farm animals.

3.    Temporary activities such as farmer’s markets, specialty events, art walks, festivals, and holiday events on private property or in plazas.

B.    Development Standards. The lot size and development standards of the ME Zone shall apply except as listed below:

1.    Building Height. The maximum building height is 55 feet.

2.    Lot Coverage. There is no maximum lot coverage.

C.    Density. There is no minimum or maximum density for the Wildflower Plaza ME District. [NS-2250, 2015]

2.7.3145 Site Plan and Design Review.

Type II site plan and design review is required for most development as specified under BDC Chapter 4.2, except as specified in this section. Type I minimum development standards review is required for ADUs, duplexes, triplexes, or townhomes in the Wildflower Master Planned Development. Type II site plan review is required for cottage housing if a Type II tentative plan for individual cottage lots is not proposed or required.

A.    Accessory Dwelling Units. Accessory dwelling units must meet the standards contained in BDC 3.6.200(B).

B.    Duplexes and Triplexes. Duplexes and triplexes must meet the standards contained in BDC 3.6.200(H).

C.    Townhomes. Townhomes must meet the standards contained in BDC 3.6.200(D).

D.    Cottage Housing. Cottage housing must meet the standards contained in BDC 4.5.500. [Ord. NS-2289, 2017; NS-2250, 2015]

2.7.3150 Street and Pedestrian Standards.

The Wildflower Master Planned Development has limited access constrained by two ASIs, topographical constraints to the west, the Pinewood Natural Area to the east, and existing development to the north and south. Internal roads will be private, constructed to City standards and specifications, with public access consistent with BDC 3.4.200 Table D. Sidewalks will be provided on both sides of the street, separated from the roadway where feasible to provide a buffer between the curb and sidewalk. Street and pedestrian standards shall be consistent with the requirements of this code as set forth below, except that variations may be approved through the tentative plan review and/or site plan review processes to allow for meandering of sidewalks and variation in landscape buffer widths where necessary to develop drainage swales and/or preserve existing topography and trees.

A.    Private Road Standards.

1.    Residential – No Parking. Two-way travel road 24 feet in width, with no on-street parking, and standard curbing. Sidewalks will be a minimum of five feet in width on both sides of the street, with a five-foot-wide landscape buffer between the curb and sidewalk. Sidewalk location may meander, with a variable width landscape buffer to fit the need given trees, topography, drainage, and driveway access. The overall width of the street tract and public access easements may vary depending on the width of the landscape buffers.

2.    Residential with Parking on One Side. Two-way travel road 28 feet in width, with parking on one side, and standard curbing. Sidewalks will be a minimum of five feet in width on both sides of the street, with a five-foot-wide landscape buffer between the curb and sidewalk. Sidewalk location may meander, with a variable width landscape buffer to fit the need given trees, topography, drainage, and driveway access. The overall width of the street tract and public access easements may vary depending on the width of the landscape buffers.

3.    Commercial. Two-way travel road 24 to 44 feet in width with alternate sections varying from no parking to parking on one or both sides of the street, with standard curbing. Sidewalks will be a minimum of five feet in width on both sides of the street, with a five-foot-wide landscape buffer between the curb and sidewalk. Sidewalk location may meander, with a variable width landscape buffer to fit the need given trees, topography, drainage, on-street parking, and driveway access. The overall width of the street tract and public access easements may vary depending on the width of the landscape buffers and parking.

B.    Public Street Standards.

1.    Bronzewood Drive within the Wildflower Master Planned Development shall be dedicated as a 60-foot public right-of-way, built to City local residential street standards and specifications. A raised pedestrian crossing shall be constructed to City standards for the Larkspur Trail, including the appropriate striping and signage.

2.    Fifteenth Street is an existing arterial street with bicycle lanes. Right-of-way shall be dedicated along the west boundary of the Wildflower Master Planned Development to provide 50 feet from centerline of the street, with additional right-of-way as needed to construct the roundabout at 15th and Wilson. Sidewalks shall be constructed at the property line with a minimum width of six feet and a standard landscape buffer provided between the curb and sidewalk in conformance with City arterial street standards.

C.    Connector Trail. The connector trail between the Coyner and Larkspur Trails shall be constructed from Ponderosa Park at the 15th Street/Wilson Avenue intersection to the existing BPRD Larkspur Trail located to the east in the Pinewood Natural Area. The final alignment and timing of the construction of this trail will be determined through the land division and/or site plan review process, in coordination with the City and BPRD. In locations where the connector trail is integrated into the street system, the minimum sidewalk width shall be eight feet. Where the trail is separated from the sidewalk system, the trail shall be constructed to BPRD standards and shall be located within a 20-foot-wide public access easement dedicated to BPRD. [NS-2250, 2015]

Article XIV. Bend Central District

2.7.3200 Bend Central District (BCD).

The Bend Central District is intended to implement the goals and objectives for the creative redevelopment of the central Third Street Corridor and surrounding areas west to the Parkway and east to and including 4th Street as indicated below:

A.    Provide for a wide range of mixed residential, commercial and office uses throughout the area and, depending on the parcel and its surroundings, vertical mixed use (i.e., a mix of uses within the same building), with an emphasis on retail and entertainment uses at the street level.

B.    Provide a variety of residential development types and greater density of development, with a transition area adjacent to the existing residential neighborhood east of 4th Street.

C.    Provide for development that is supportive of transit by encouraging a pedestrian-friendly environment.

D.    Provide development and design standards that support the goals of the Plan.

E.    Limit development of low-intensity uses while allowing continuation of existing industrial and manufacturing uses.

F.    Provide reduced parking standards and encourage alternative parking arrangements.

The Bend Central District has distinctly different characteristics within the Bend Central District boundary. Subdistricts that recognize and support these characteristics are established as follows:

1.    1st/2nd Street Subdistrict. Applies to properties in the vicinity of 1st and 2nd Streets within the BCD and is intended to provide for a mix of office, higher density residential, live/work and small-scale retail uses while also allowing for continuation of existing light industrial/manufacturing uses in the area.

2.    3rd Street Subdistrict. Applies to properties in the vicinity of 3rd Street between Revere and Franklin Streets and is intended to provide a range of mixed uses including large-scale commercial, retail and limited residential uses.

3.    4th Street Subdistrict. Applies to properties in the vicinity of 4th Street within the BCD and is intended to provide a transition between the more intense central area and existing residential neighborhoods to the east.

4.    South Subdistrict. Applies to properties south of Franklin Avenue along and between 2nd and 3rd Streets and is intended to provide a range of mixed uses including high density multifamily and office space above ground floor retail/service uses.

Figure 2.7.3210 Subdistrict Map

[Ord. NS-2271, 2016]

2.7.3210 Applicability.

A.    Applicability. In addition to the provisions of the underlying zone, the standards and requirements of this section apply to lands within the BCD boundary as depicted on Figure 2.7.3210. These provisions modify existing standards of the Bend Development Code by applying requirements, limiting allowable uses, or allowing exceptions to general regulations. Where there is a conflict between the provisions of the BCD and those of the underlying zone or other portions of the Development Code, the provisions of this district will control. [Ord. NS-2303, 2018; Ord. NS-2271, 2016]

2.7.3220 Land Uses.

A.    Permitted and Conditional Uses. The land uses listed in Table 2.7.3220 are allowed in BCD subdistricts, subject to the provisions of this chapter. Only land uses that are listed in Table 2.7.3220 and land uses that are approved as “similar” to those in Table 2.7.3220 may be permitted or conditionally allowed. The land uses identified with a “C” in Table 2.7.3220 require Conditional Use Permit approval prior to development, in accordance with BDC Chapter 4.4. Land uses identified with an “L” in Table 2.7.3220 are allowed with limitations in accordance with subsection (D) of this section.

B.    Existing Uses. Uses and structures that are not in conformance with the provisions in this section but that were lawfully established within the BCD prior to the adoption of this code are considered a permitted use. Expansion or enlargement 25 percent or less of the above referenced uses or structures that are nonresidential will be subject to the provisions of BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review. For expansion or enlargement greater than 25 percent, the conditional use criteria, standards and conditions within BDC Chapter 4.4, Conditional Use Permits, will also apply. Conditions of prior approvals will continue to apply unless modified in conformance with BDC 4.1.1325, Modification of Approval.

C.    Determination of Similar Land Use. Similar land use determinations shall be made in conformance with the procedures in BDC 4.1.1400, Declaratory Ruling.

Table 2.7.3220

Permitted Uses in the Bend Central District by Subdistrict 

Land Use

1st/2nd Street

3rd Street

4th Street

South

Residential

Single-Family Detached Dwelling

N

N

N

N

Attached Single-Family Townhomes

N

L (see subsection (D)(1) of this section)

P

P

Multifamily Residential

L (see subsection (D)(1) of this section)

L (see subsection (D)(1) of this section)

P

P

Residential as Part of Mixed-Use Development

P

P

P

P

Commercial

Retail Sales and Service

L (see subsection (D)(2) of this section)

P

L (see subsection (D)(2) of this section)

P

Retail Sales and Service (Auto Dependent*)

N

N

N

N

Retail Sales and Service (Auto Oriented*)

N

C

N

N

*Medical Marijuana Dispensary and Marijuana Retailer

L (see subsection (D)(2) of this section)

P

L (see subsection (D)(2) of this section)

P

*Marijuana Wholesale (more than 75% of sales are wholesale)

P

P

C

C

*Marijuana Testing, Research and Development Facilities

P

P

L (see subsection (D)(3) of this section)

P

Restaurants/Food and Beverage Services

 

 

 

 

– with drive-through*

N

C

N

N

– without drive-through

P

P

P

P

Offices and Clinics

P

P

L (see subsection (D)(3) of this section)

P

Production Businesses (e.g., IT support centers, biotechnology, software/hardware development, broadcast and production studios)

P

P

L (see subsection (D)(3) of this section)

P

Conference Centers/Meeting Facility Associated with a Hotel/Motel

C

P

N

C

Lodging (bed and breakfast inns, vacation rentals, boarding houses, timeshare)

P

P

P

P

Hotel/Motels

P

P

C

C

Commercial and Public Parking, structure

P

P

C

P

Commercial and Public Parking, surface lot

P

P

P

P

Commercial Storage

 

 

 

 

– enclosed in building and on an upper story

C

C

P

N

– not enclosed in building

N

N

N

N

– enclosed in building on ground floor (i.e., mini-storage)

N

N

N

N

Entertainment and Recreation

 

 

 

 

– enclosed in building (e.g., theater)

L/C (see subsection (D)(6) of this section)

L/C (see subsection (D)(6) of this section)

N

L/C (see subsection (D)(6) of this section)

– not enclosed (e.g., amusement)

C

C

N

C

Wholesale Sales (more than 75% of sales are wholesale)

P

P

C

C

Hospital

C

C

C

C

Public and Institutional

Government – point of service intended to serve the entire City (e.g., City Hall, main library, main post office, main Department of Motor Vehicles service center)

P

P

P

P

Government – branch service intended to serve a portion of the City

P

P

P

P

Government – limited point of service (e.g., public works yards, vehicle storage, etc.)

N

N

N

N

Parks and Open Space

P

P

P

P

Schools

P

P

P

P

Institutions of Higher Education

P

P

P

P

Child Care Facility

P

P

P

P

Clubs and Places of Worship

P

P

P

P

*Utilities (above ground)

P

P

P

P

Industrial

 

 

 

 

Manufacturing and Production

L (see subsection (D)(4) of this section)

N

N

N

Warehouse

L (see subsection (D)(5) of this section)

N

N

N

Transportation, Freight and Distribution

C

N

N

N

Industrial Service (e.g., cleaning, repair)

L (see subsection (D)(3) of this section)

N

N

N

Marijuana Grow Sites And Marijuana Producing when Designated as Mixed-Employment, Industrial General or Industrial Light on the Bend Comprehensive Plan

L (see subsection (D)(4) of this section)

N

N

L (see subsection (D)(4) of this section)

*Marijuana Processing of Cannabinoid Concentrates and Cannabinoid Products When Designated as Commercial Limited, Mixed-Employment, Industrial General or Industrial Light on the Bend Comprehensive Plan

L (see subsection (D)(4) of this section)

L (see subsection (D)(4) of this section)

L (see subsection (D)(4) of this section)

L (see subsection (D)(4) of this section)

*Marijuana Processing of Cannabinoid Extracts When Designated as Mixed-Employment, Industrial General or Industrial Light on the Bend Comprehensive Plan

L (see subsection (D)(4) of this section)

N

N

L (see subsection (D)(4) of this section)

Miscellaneous

Small Scale Alternative Energy Systems (i.e., rooftop wind turbine or solar panels)

P

P

P

P

*Small Hydroelectric Facility

P

P

P

P

Wireless and Broadcast Communication Facilities

See BDC Chapter 3.7

Key to Permitted Uses

P = Permitted

N = Not Permitted

C = Conditional Use

L = Permitted with limitations, subject to subsection (D) of this section.

*    Special standards for certain uses subject to Chapter 3.6 BDC.

D.    Limitations. The following limitations apply to those uses identified as “L” in Table 2.7.3220:

1.    New Residential Uses. In order to ensure that the subdistricts retain their established employment focused character, new residential uses in the 1st/2nd St and 3rd St subdistricts are limited as follows:

a.    Residential uses that are part of a mixed-use development in which nonresidential uses occupy at least the floor area equivalent to the entire ground floor area of the development area permitted.

b.    Residential uses that are part of a mixed-use development in which nonresidential uses occupy less than the floor area equivalent to the entire ground floor area of the development area are conditional.

c.    Residential uses that are not part of a mixed-use development are prohibited.

2.    Retail Sales and Service. Retail sales and service uses must not exceed 30,000 square feet per business. Total area of retail sales and service uses combined must not exceed 50,000 square feet per building.

3.    Offices and Clinics and Production Businesses. Offices and clinics and production businesses must not exceed 15,000 square feet per business.

4.    Manufacturing, Production and Industrial Services. Uses must not exceed 20,000 square feet per business and must minimize potential external effects as follows:

a.    All operations must be conducted entirely within an enclosed building.

b.    Potential nuisances such as noise, odor, electrical disturbances and other public health nuisances are subject to BC Chapter 13.45.

c.    Roof-mounted mechanical equipment, such as ventilators and ducts, must be contained within a completely enclosed structure that may include louvers, latticework, or other similar features. This screening requirement does not apply to roof-mounted solar energy systems or wind energy systems.

5.    Warehousing. Warehousing must be accessory/secondary to a primary permitted use (it may not be a single use) and must not exceed 15,000 square feet per building.

6.    Entertainment and Recreation. Entertainment and Recreation uses in all subzones of the BCD that are enclosed in a building shall not exceed 50,000 square feet without a conditional use permit. [Ord. NS-2303, 2018; Ord. NS-2271, 2016]

2.7.3230 Development Standards.

A.    The following table provides numerical development standards within the BCD:

Building setback standards apply to any new buildings and any building expansion, including primary structures and accessory structures. Setbacks provide opportunity for pedestrian amenities; building separation for fire protection and building maintenance; sunlight and air circulation; noise buffering; and visual separation.

Table 2.7.3230

Development Standards in the Bend Central District by Subdistrict 

Standards

1st/2nd Street

3rd Street

4th Street

South

Minimum lot area

No minimum

No minimum

No minimum

No minimum

Lot width

30 feet

30 feet

30 feet

30 feet

Minimum front yard setback

5 feet1

10 feet1

5 feet1

5 feet1

Maximum front yard setback

10 feet

15 feet

10 feet

10 feet

Rear and side yard setback

None

None

None or 10 feet (see subsection (C) of this section)

None

Maximum building height

65 feet to 85 feet (see subsections (B) and (E) of this section)

65 feet or 85 feet (see subsection (E) of this section)

45 feet

65 feet to 85 feet (see subsections (B) and (E) of this section)

Notes:

1.    In all subdistricts, the first five feet of setback will be a dedicated public access easement and will be developed according to the applicable cross-section for the fronting street.

2.    Equipment used for small-scale alternative energy production does not count towards maximum building heights.

B.    In the 1st/2nd Street, 3rd Street and South Subdistricts, buildings may be a maximum of 85 feet in height that:

1.    Provide at least 10 percent of any residential units at affordable rates in conformance with BDC 3.6.200(C); or

2.    For buildings that do not have a residential component, provide at least 75 percent of required parking within the building footprint of structures. Parking on the ground floor shall have a pedestrian-oriented active facade facing the primary street (see subsection (E)(2) of this section for examples).

C.    Rear and Side Yard Setback.

1.    There is no rear or side yard setback required, except when abutting a Residential Zone that is located outside of the BCD. In such cases, the rear or side yard setback is 10 feet for all portions of the building 35 feet in height or less. Step-backs or other architectural features such as vertical breaks, balconies, bays or stories within gable roofs are required for portions of a building that exceeds 35 feet in height or the height limit of the abutting residentially designated district, whichever is greater.

2.    When a public alley abuts a side or rear yard of property, the width of the alley can be included in the additional step-back calculation as described in subsection (C)(1) of this section for the purpose of offsetting the impacts of the building height over 35 feet. The alley does not eliminate the required 10-foot building setback if applicable.

D.    Multiple Frontage Lots. For buildings on sites with more than one frontage or through lots, the maximum front setbacks in Table 2.7.3230 apply as follows.

1.    For corner lots with two frontages, the maximum setback applies to both street frontages.

2.    For through lots with two frontages, the maximum setback applies to only one of the frontages; provided, that where the abutting streets are of different street classification, the maximum setback applies to the street with the higher classification.

3.    For properties with three or more frontages, the maximum setback applies to two contiguous frontages. Where the streets are of different street classifications, one of the maximum setbacks must apply to the street with the highest classification.

E.    Buildings exceeding 65 feet in height are allowed subject to the following provisions:

1.    Buildings shall be constructed using a combination of architectural features and a variety of building materials. Landscaping should be planted adjacent to the curb line to create a streetscape as illustrated in Figures 2.7.3230 and 2.7.3260. Ground story walls that can be viewed from public streets shall be designed with nonreflective windows totaling a minimum of 25 percent of the wall area and using architectural features (see subsection (E)(2) of this section). For new buildings, the front building facade must be at the minimum setback for at least 50 percent of the lot frontage; outdoor public gathering spaces such as plazas are encouraged and count toward the setback requirement; off-street parking is not allowed between the front building facade and the street.

2.    Architectural features include, but are not limited to, the following: recesses, projections, wall insets, arcades, window display areas, awnings, balconies, window projections, landscape structures or other features that complement the design intent of the structure and are acceptable to the Review Authority.

Figure 2.7.3230

Illustration of Use of Architectural Features

F.    Buffering. A 10-foot-wide landscape buffer is required along the side and rear property lines between nonresidential uses and any adjacent Residential Zones that are located outside of the BCD. The buffer is not in addition to (may overlap with) the side and rear setbacks required in subsection (B) of this section. The buffer shall provide landscaping to screen parking, service and delivery areas and walls without windows or entries. The buffer may contain passive outdoor seating but must not contain trash receptacles or storage of equipment, materials, vehicles, etc. The landscaping standards in BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls, provide other buffering requirements where applicable. [Ord. NS-2303, 2018; Ord. NS-2271, 2016]

2.7.3240 Design Standards.

A.    All Development. Development in the BCD is subject to the design guidelines in BDC 2.2.800(I) except as established below. The standards of this section are in addition to the regulations of BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review and Design Review. The standards of this section are in lieu of the BDC 2.2.600, Commercial Design Review Standards.

1.    BDC 2.2.800(I)(3) – Physical, Visual and Experiential Connections. The intent and general approach of this section apply. However, the language referring to traditional business zones and traditional storefront buildings does not apply here.

2.    BDC 2.2.800(I)(5) – Integrate Building Parapets and Rooftops. The intent and general approach of this section apply. However, the language referring to ornamentation on traditional CB Zone buildings does not apply here. In addition, rooftop solar panels and wind turbines are exempt from the screening requirement.

3.    BDC 2.2.800(I)(10) – Urban Materials. Does not apply.

B.    Single-Use Residential Buildings. Single-use residential buildings including duplexes, triplexes and multifamily are also subject to the provisions in BDC 2.1.900 and 2.1.1000, with the following exception:

1.    The common open space requirement in BDC 2.1.1000(B)(1) does not apply to any property with a residential building located within one-quarter mile of a public park.

C.    Awnings, marquees, balconies, overhangs, fabric tensile structures, building appendages, or other projections may extend into the front setback and public access easement.

[Ord. NS-2303, 2018; Ord. NS-2271, 2016]

2.7.3250 Parking.

A.    In the BCD, the following parking requirements supersede parking requirements in BDC Table 3.3.300, Required Off-Street Vehicle Parking Spaces. Unless otherwise noted here, other sections of BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking, apply.

1.    The minimum number of required off-street vehicle parking spaces is established below. Unless otherwise provided below, the number of parking spaces provided by any particular use in ground surface parking lots must not exceed the required minimum number of spaces provided by this section by more than 50 percent. Off-street parking spaces may include spaces in garages, carports, parking lots, and/or driveways if vehicles are not parked in a vehicle travel lane (including emergency or fire access lanes).

a.    Residential uses: one space per unit. Tandem parking is permitted when the spaces are assigned to the same unit.

b.    Commercial uses:

i.    Retail or restaurant uses totaling less than 5,000 square feet of floor area: none.

ii.    Retail or restaurant uses in excess of 5,000 square feet or more of floor area: one space per 1,000 square feet of gross floor area in excess of 5,000 square feet.

iii.    The maximum for retail or restaurants is 150 percent of one per 1,000 square feet of gross floor area.

c.    Entertainment uses: determined by conditional use.

d.    Hotel/motel: one space per room.

e.    Office uses: one and one-half spaces per 1,000 square feet of floor area.

f.    Light industrial/manufacturing uses: 0.7 spaces per 1,000 square feet of floor area.

g.    Public and institutional uses, government uses: one and one-half spaces per 1,000 square feet of floor area.

2.    Mixed-Use Developments. If more than one type of land use occupies a single structure or property with no single use occupying more than 80 percent of the total square feet of the building, the minimum off-street parking is 75 percent of the sum of the requirements for all uses.

3.    The total number of required vehicle parking spaces for an industrial, commercial, or office use may be reduced by up to 10 percent in exchange for providing on-site public open space/green space at the following ratio: one vehicle parking space per 500 square feet of public open space/green space. This reduction is in addition to any reductions taken under BDC 3.3.300(D).

4.    The amount of off-street parking required may be reduced by one off-street parking space for every on-street parking space abutting the development, up to 100 percent of the requirement. [Ord. NS-2303, 2018; Ord. NS-2271, 2016]

2.7.3260 Special Street Standards.

A.    The BCD considered special street standards for streets inside the district. The intent of the special street standards is to develop complete streets that enable safe travel for all modes of travel including transit, motorists, pedestrians, cyclists and freight users. On-street parking, bicycle facilities and wider sidewalks were identified as elements necessary for safe travel. The following special street standards supersede the standards in BDC 3.4.200(F):

1.    Figure 2.7.3260.A applies to 2nd Street north and south of Greenwood Avenue, 4th Street south of Greenwood Avenue and to all local streets in the BCD. Any of these blocks that are currently narrower than 36 feet wide must be widened to 36 feet.

    Exception: Any block of 2nd Street that is currently 40 feet wide may remain 40 feet wide and use the 40-foot-wide cross-section provided for in Figure 2.7.3260.B.

Figure 2.7.3260.A

Note: Sharrows are not required on local streets.

2.    Figure 2.7.3260.B applies to 4th Street north of Greenwood Avenue.

Figure 2.7.3260.B

B.    To accomplish new streets, additional street widths and street improvements envisioned for the BCD the following requirements apply:

1.    The required five-foot front setback along all street frontages must be dedicated as a public access easement with site plan approval. This is in addition to any additional right-of-way that may be required by BDC Chapter 3.4. [Ord. NS-2303, 2018; Ord. NS-2271, 2016]

2.7.3270 Low Impact Stormwater Management.

A.    The use of low impact development (LID) techniques to manage stormwater on site is encouraged consistent with the City’s Central Oregon Stormwater Manual. Techniques can include, but are not limited to, the following:

1.    Use of on-site pervious paving materials to minimize impervious surfaces allowed within off-street and on-street parking areas and other areas within a development site.

2.    Provision of an eco-roof or rooftop garden.

3.    Use of drought tolerant species in landscaping.

4.    Provision of parking integrated into building footprint (above or below grade).

5.    Provision of rain gardens and bioretention areas on site to filter stormwater runoff.

6.    Shared stormwater facilities between adjacent properties. [Ord. NS-2271, 2016]

2.7.3280 Landscaping.

A.    The landscaping standards of BDC Chapter 3.2 apply to the BCD except as noted in this section.

B.    The minimum required landscaping shall equal 10 percent of the gross lot area for the following uses:

1.    Residential – duplex and triplex units and multiple-family developments.

2.    Commercial and office developments.

3.    Industrial developments. Seventy-five percent of the required 10 percent site landscaping shall be located within the front yard setbacks and parking areas or other areas visible to the public, unless otherwise required as a condition of approval.

4.    Mixed-use developments.

C.    Green roofs and rooftop gardens may be counted toward meeting up to 100 percent of the landscaping requirement.

D.    Landscaping in the public right-of-way (for example, street trees and bioswales) may be counted toward meeting the landscaping requirement. [Ord. NS-2271, 2016]

Article XV. Shilo Master Planned Development

2.7.3300 Shilo Master Planned Development.

2.7.3310 Purpose. Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

The purpose of this article is to implement the Shilo Master Plan and the Bend Comprehensive Plan policies, and to create special standards for the residential and commercial areas within the Shilo Master Development Plan boundaries. The Master Plan standards and districts will:

A.    Provide housing types consistent with the RS Zone.

B.    Protect ASIs and trees, to the extent possible.

C.    Create an opportunity for a small convenience commercial area to serve the residential neighborhood.

D.    Promote pedestrian and other multi-modal transportation options, including trails and separated sidewalks.

E.    Create an interconnected system of public streets appropriate to the site.

F.    Create streetscapes that will meet emergency access requirements and enhance pedestrian and bicycle access. [Ord. NS-2290, 2017]

2.7.3320 Applicability. Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

The area regulated by the Shilo Master Plan is approximately 48 acres of land east of Country Club Drive, west of the Cascades Heights subdivision, and south of vacant lands abutting Murphy Road. The area contains one mapped Upland Area of Special Interest (ASI).

Figure 2.7.3320

Shilo Master Planned Development Districts

Note: Alleys are also shown, but subject to removal on a block-by-block basis as determined at the time of tentative plan approval, except for Alley H. Parking bays on Country Club Drive may be allowed north of Street 1 only, subject to infrastructure review.

[Ord. NS-2290, 2017]

2.7.3340 Shilo Residential District. Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

The purpose of the Shilo Residential District is to provide single-family dwellings with an interconnected pedestrian-friendly circulation system surrounding a public park. Duplex lots may be an element of the residential development and, if so, they will be identified for individual lots by phase on each tentative plan.

A.    Permitted Uses. Permitted uses are contained in BDC Table 2.1.200 for the Residential Standard Density Zone (RS).

B.    Development Standards. The lot size and development standards of the RS Zone uses are contained in BDC Chapter 2.1.

C.    Minimum Density. The minimum number of units within the Residential District of the Shilo Master Plan is 212 units. [Ord. NS-2290, 2017]

2.7.3350 Street and Pedestrian Standards. Revised 9/18 Revised 1/19 Revised 7/19 Revised 8/19

The Shilo Master Planned Development’s internal roads will be public, constructed to the horizontal cross-sections identified below. Sidewalks will be provided on all streets, separated from the roadway except where feasible to preserve trees. Street and pedestrian standards shall be consistent with the requirements of this code as set forth below, except that variations may be approved through the tentative plan review and/or site plan review processes to allow for meandering of sidewalks and variation in landscape buffer locations where necessary to preserve existing topography and trees.

Figure 2.7.3350

A.    Public Road Standards.

1.    Residential Street “A.” Two-way travel road 32 feet in width in a 60-foot-wide right-of-way, with parking on both sides. Sidewalks will be a minimum of five feet in width on both sides of the street, with an eight-and-one-half-foot-wide landscape buffer between the curb and sidewalk. Sidewalk location may meander, with a variable width landscape buffer to fit the need given trees, topography, and drainage, and potentially for driveway access for lots without alley access.

2.    Commercial. Streets adjacent to the commercial lot will be consistent with local public residential street “A.” Two-way travel, standard curbing and sidewalks, five feet in width on both sides of the street, including an eight-and-one-half-foot-wide landscape buffer between the curb and sidewalk.

3.    Residential Street “B.” Two-way travel road 28 feet in width, with parking on one side in a 50-foot-wide right-of-way. Sidewalks will be a minimum of five feet in width on both sides of the street, with an eight-foot-wide landscape buffer between the face of the curb and sidewalk. Sidewalk location may meander, with a variable width landscape buffer to fit the need given trees, topography, and drainage, and potentially for driveway access for lots without alley access.

B.    Public Alley Standards.

1.    Residential. No parking either side. Eighteen feet of paved surface in width with one-foot low-profile curbs each side, generally an inverted crown to assist with best drainage practices.

C.    Connector Trail. The connector trail from Country Club Road through the open space to the eastern property boundary must be located on private property abutting the east side of the Country Club right-of-way and north of the railroad right-of-way.

The trail must be a minimum of 10 feet in width within a 20-foot wide public access easement. The final alignment of this trail will be determined through the land division process. The trail must be designed and constructed to conform to PROWAG guidelines or other guidelines as approved by the City Engineer. [Ord. NS-2290, 2017]

Article XVI. River Vale Master Planned Development

2.7.3400 River Vale Master Planned Development.

2.7.3410 Applicability.

The area regulated by the River Vale Master Plan is approximately 37.4 acres of land located on the east side of the Deschutes River, at the west end of River Rim Drive. It is bounded on the north by the River Rim Park Site; to the west by the Deschutes River and private land; to the south by an upland area of special interest, a river corridor area of special interest, and private land; and to the east by River Rim PUD. [Ord. NS-2294, 2017]

2.7.3420 Purpose.

The purpose of this article is to create the River Vale Master Planned Development. In addition, the master planned development creates overlay development standards that will supersede the development standards of the underlying zoning district within the master plan boundaries. Where no special standards are provided, the applicable standards of the underlying zone shall apply. [Ord. NS-2294, 2017]

2.7.3430 Development Standards.

A.    Building Setbacks.

1.    Front Yard Setbacks. A minimum front yard setback of 10 feet is required; provided, that the garage is set back a minimum of 20 feet from the front property line.

2.    Rear Yard Setback. The minimum rear yard is five feet.

3.    Side Yard Setback. The minimum side yard is five feet.

B.    Lot Area and Dimensions.

1.    Lot Size. The minimum lot size is 8,000 square feet.

2.    Lot Width. The minimum lot width is 70 feet.

3.    Lot Depth. The minimum lot depth is 100 feet.

C.    Density. The density range is two to 2.2 units/gross acre.

D.    Lot Coverage.

1.    For lots over 15,000 square feet, the maximum lot coverage is 35 percent.

2.    For lots under 15,000 square feet, the maximum lot coverage is:

a.    Fifty percent for single-story homes.

b.    Thirty-five percent for all other uses. [Ord. NS-2294, 2017]

2.7.3440 Street Standards.

The River Vale Master Planned Development has limited access; it is constrained by areas of special interest, topographical features to the west, and existing development to the north and the east. Internal streets will be local public streets within 50 feet of right-of-way as shown in Figure 2.7.3440.

A.    River Vale Master Plan Public Street Standards. Two-way road 28 feet in width, with eight-foot-wide parking bays on one side, and standard curbing. Sidewalks will be at least five feet in width on both sides of the street. Sidewalk location may meander to fit the need given trees, topography, drainage, and housing access.

Figure 2.7.3440

River Vale Master Plan Street Standards

[Ord. NS-2294, 2017]

Article XVII. Oregon State University – Cascades Overlay Zone

2.7.3500 Oregon State University – Cascades.

2.7.3510 Purpose and Applicability.

A.    The purpose of the Oregon State University – Cascades (OSU-C) Overlay Zone is to establish the OSU-C Master Plan and implement the relevant Bend Comprehensive Plan policies regarding the Century Drive Area opportunity area. The overlay standards will:

1.    Provide areas within the overlay district for a four-year, 5,000-student university and graduate school.

2.    Identify areas within the overlay district for traditional mixed-use development.

3.    Provide transportation options for students, staff and employees and reduce reliance on the automobile.

4.    Provide opportunities for a variety of housing options, including traditional student dormitories, staff housing, and multifamily housing available to the community.

5.    Encourage pedestrian-friendly development that is supportive of transit.

6.    Create an economically successful mixed-use center.

7.    Provide opportunities for university-related research and development.

B.    The area regulated by the OSU-C Overlay Zone is approximately 128 acres of land and includes the areas on Figure 2.7.3520, Campus Districts. [Ord. NS-2309, 2018]

2.7.3520 Definitions.

The following definitions apply to uses, buildings types and standards that are specific to the OSU-C Overlay Zone:

A.    “OSU-C campus” means the area identified as the “OSU-C Campus” on Figure 2.7.3520, which includes the Innovation District, Core Campus District, Recreation District and Residential District.

B.    “Innovation District” means the area identified as the “Innovation District” on Figure 2.7.3520.

C.    “Core Campus District” means the area identified as the “Core Campus District” on Figure 2.7.3520. The Core Campus District includes the existing 10-acre campus approved in 2014 under PZ 14-0210.

D.    “Recreation District” means the area identified as the “Recreation District” on Figure 2.7.3520.

E.    “Residential District” means the area identified as the “Residential District” on Figure 2.7.3520.

[Ord. NS-2309, 2018]

2.7.3530 Permitted, Conditional and Accessory Uses.

A.    Permitted and Conditional Uses. All permitted uses in the MU Zone are permitted uses in the OSU-C Overlay Zone. All conditional uses in the MU Zone are conditional uses in the OSU-C Overlay Zone.

B.    Accessory Uses. In addition to accessory uses permitted in the MU Zone, the following accessory uses are permitted in the OSU-C Overlay:

1.    Central Utility Plant;

2.    Alternative energy system(s) to serve university energy needs;

3.    Stormwater and wastewater management systems/facilities;

4.    Parks, playgrounds, play fields, athletic facilities, sports complexes, recreational facilities, trails, natural areas, open spaces;

5.    Uses and structures that are of a nature customarily incidental and subordinate to a permitted use or an approved conditional use, including, but not limited to, parking lots/parking areas and service roads needed to serve permitted or conditional uses;

6.    Outdoor storage provided such storage is set back at least 25 feet from the OSU-C campus boundary and is screened from the public right-of-way;

7.    Facilities yard (maintenance vehicles, equipment and similar uses);

8.    Public safety facilities. [Ord. NS-2309, 2018]

2.7.3540 Special Development Standards.

A.    Applicability. The special development standards of the OSU-C Overlay Zone supersede the standards of the underlying zone and BDC Title 3 where they vary. Where no special standards are provided, the applicable standards of the underlying zone apply.

B.    Maximum Front Yard Setback. There is no maximum front setback; however, where a building is set back more than 10 feet from a public or private right-of-way, one or more of the following treatments must be included in the setback area between the building and the street:

1.    Sidewalks or multi-use paths 10 feet or wider;

2.    Improved plazas and pedestrian areas;

3.    Outdoor dining and/or gathering areas;

4.    Specialty landscaping, including water treatment-oriented landscaping;

5.    Native landscaping, woodland forest areas;

6.    Traditional campus greens, quadrangle or park areas; and

7.    Parking and maneuvering areas as allowed by BDC 2.7.3550(B).

C.    Architectural Standards. The street-walls that will not be required to meet the architectural standards of BDC 2.3.500 are depicted in Figure 2.7.3540.A.

D.    Block Lengths. Block length and perimeters within the OSU-C Overlay Zone are generally depicted on Figure 2.7.3540.B.

E.    Vehicular Access Management. Vehicular access to the City’s street system is permitted in the general locations depicted on Figure 2.7.3540.B.

F.    Landscape Requirements. Parking lots that will serve a dual purpose for energy generation with photovoltaic arrays will not be required to meet the landscaping requirement of BDC Chapter 3.2. [Ord. NS-2309, 2018]

2.7.3550 Parking and Loading.

A.    Parking Location. The required number of vehicle parking spaces must comply with the standards of BDC Table 3.3.300, or as modified by the approved Transportation Parking Demand Management Program contained in Ordinance NS-2309. The general locations of possible parking areas as depicted in Figure 2.7.3550.A must comply with the following:

1.    Parking in the Core Campus District may be provided in the Core Campus District, the Recreation District or a combination of both.

2.    Parking in the Innovation District may be provided in the Innovation District or in the eastern portion of the Core Campus District.

3.    Parking in any other district must be located in the same district consistent with the requirements of BDC Chapter 3.3.

B.    Parking and Maneuvering Areas. Parking and maneuvering areas located between the street and the building are only permitted in the general locations shown on Figure 2.7.3550.B.

C.    Bicycle Parking Standards.

1.    Location and Timing. The required number of bicycle parking spaces may be located in areas subject to a prior site plan review approval provided that the applicant demonstrates that the alternate location will better serve the OSU-C campus population.

D.    Loading and Service Standards. Loading and service areas are permitted in the locations generally depicted on Figure 2.7.3550.C.

[Ord. NS-2309, 2018]

2.7.3560 Special Street Standards.

A.    Figure 2.7.3560.A depicts the street type, street location and alignment within the OSU-C Overlay Zone. The associated typical street cross sections are below.

1.    Primary campus street sections must comply with the standards for private streets found in BDC Chapter 3.4, or be selected from the typical sections 1.1 to 1.5, as shown below.

2.    Secondary campus street sections must comply with the standards for private streets found in BDC Chapter 3.4, or be selected from the typical sections 2.1 to 2.3, as shown below.

3.    Shared use campus street sections must comply with the standards for private streets found in BDC Chapter 3.4, or meet the standards of typical section 3.1 shown below.

4.    Controlled access drive sections must comply with the standards for private streets found in BDC Chapter 3.4, or meet the standards of typical section 4.1 shown below. Gates, bollards or barriers restricting vehicular access may be allowed upon City review.

B.    Any City street standard adopted after the effective date of the ordinance codified in this chapter, which permits a lesser street standard to be applied citywide, may be applied in the OSU-C Overlay Zone.

C.    Local Streets. Local streets within the OSU-C Overlay Zone may be public or private streets. All private streets must comply with the standards for private streets found in BDC Chapter 3.4, or as set forth in Figure 2.7.3560.A and the associated typical sections.

TYPICAL STREET SECTION N.T.S
PRIMARY CAMPUS STREET (PRIVATE)

TYPICAL STREET SECTION N.T.S
SECONDARY CAMPUS STREET (PRIVATE)

TYPICAL STREET SECTION N.T.S
SHARED USE CAMPUS STREET (PRIVATE)

TYPICAL STREET SECTION N.T.S
CONTROLLED ACCESS DRIVE (PRIVATE)

[Ord. NS-2309, 2018]

2.7.3570 Transportation Mitigation Plan.

A.    Applicability. The following Transportation Mitigation Plan applies to all development within the Oregon State University – Cascades Overlay Zone. The Transportation Mitigation Plan is adopted and implemented pursuant to BDC 4.7.600.D(1).

B.    Alternate Transportation Design Standards. Transportation facilities within the Oregon State University – Cascades Overlay Zone shall comply with the standards set forth in BDC 2.7.3560 and Figure 2.7.3560.A.

C.    Development Limitations. In order to ensure consistency with the traffic impact analysis prepared for the Oregon State University – Cascades Master Plan and to mitigate impacts to the City’s transportation system, the following traffic generating uses within the Oregon State University – Cascades Overlay Zone are limited to the thresholds in Table 2.7.3570.D.

D. Transportation Mitigation. The following transportation mitigation measures must be constructed pursuant to the phasing schedule in Table 2.7.3570.D prior to Certification of Occupancy for any building in the phase.

Table 2.7.3570.D 

Phase

Proposed buildings (with traffic impact)

Proposed buildings (no traffic impact)

Mitigation requirements

Phase 1A

•    55,000 gsf academic building

•    55,000 gsf of Innovation District facilities

 

•    Non-mountable single lane roundabout at SW Colorado Avenue and SW Columbia Street

•    Portion of a 10-foot-wide sidewalk and curb on south side of Simpson Avenue between the Mt. Washington roundabout east to the existing sidewalk fronting 339 SW Century Drive (portions of the sidewalk may be pushed to future phases as long as the existing path remains functional)

•    Dedication of right-of-way (ROW) along Simpson Avenue to provide 50 feet of ROW from the ROW centerline

•    Westbound left-turn lane at SW Simpson Avenue and OSU-C main entrance

•    Marked pedestrian crossing with refuge island at SW Simpson Avenue and main OSU-C entrance

Phase 1B

 

•    22,500 gsf student success center (phase one of building)

•    166-bed student residence

Phase 2

•    55,000 gsf academic building

•    40,000 assembly building

•    142,000 gsf of Innovation District facilities plus middle market housing (72 units)

•    249-bed student residences

•    Central utility plant

•    40,000 gsf recreation facility (phase one of building)

•    Non-mountable single lane roundabout at SW Columbia Street and SW Simpson Avenue (if not already constructed by others)

•    Mountable single lane roundabout at SW Century Drive and OSU-C main entrance

•    Sidewalk connection on the south side of SW Simpson Avenue between SW Columbia Street and the Safeway site at 320 SW Century Drive

•    Taylor Drive from Century Drive to the site

•    Westbound left-turn lane at SW Simpson Avenue and 15th Street

•    Pedestrian crossing at SW Simpson Avenue and SW 15th Street

Phase

3

•    110,000 gsf of additional academic space

•    52,800 gsf early learning center

•    42,000 gsf of Innovation District facilities plus middle market housing (42 units)

•    18,000 gsf dining facility

•    student residences with 265 additional beds

•    Southbound left-turn lane at SW Mt. Washington Drive and OSU-C entrance

•    Marked pedestrian crossing of SW Mt. Washington Drive at OSU-C access point

•    Marked pedestrian crossing of SW Simpson Avenue at West OSU-C access

•    10-foot sidewalk along east side of Mt. Washington from existing sidewalk at Chandler Ave to the Simpson roundabout

•    Curb along property frontage on Mt. Washington from existing curb south of Metolious intersection to existing curb at Chandler Avenue

•    Dedication of ROW along Mt. Washington to provide 50 feet of ROW from the ROW centerline

•    Remainder of a 10-foot-wide sidewalk on south side of Simpson Avenue if not already constructed

Phase 4A

•    110,000 gsf of additional academic space

•    55,000 gsf expansion of recreation facility (phase two of building)

•    141,000 gsf of Innovation District facilities plus middle market housing (187 units)

•    35,000 gsf student success center (phase two of building)

•    661-bed student residences

•    Southbound left-turn lane at SW Mt. Washington Drive and SW Metolius Drive

•    Marked pedestrian crossings on SW Mt. Washington Drive at Metolius Drive access point

Phase 4B

•    45 units of middle market housing

•    30,000 gsf mixed-use partner

•    30,000 gsf of research space

•    345-bed student residences

E.    Modifications to Transportation Mitigation Plan. If the applicant proposes modifications to the OSU – Cascades Master Plan pursuant to BDC 4.5.100(F) which result in an increase of more than 15 percent in the aggregate square footage of the traffic impact producing buildings, or an increase of more than 15 percent in the number of residential units identified in Table 2.7.3570.D, the site plan review application for such building must include a supplemental traffic analysis utilizing the transportation impact analysis prepared for the OSU – Cascades Master Plan to determine whether the increase in building square footage or residential units would require one or more off-site operational improvements identified in Table 2.7.3570.D to be constructed prior to the time identified in Table 2.7.3570.D. If the supplemental traffic analysis determines that the mitigation requirements identified in Table 2.7.3570.D are required prior to the time identified in Table 2.7.3570.D, the applicant shall construct the mitigation requirements at the time identified in the supplemental traffic analysis. [Ord. NS-2309, 2018]

2.7.3580 Transportation and Parking Demand Management Plan.

A.    Applicability. The following Transportation and Parking Demand Management Plan (TPDM Plan) applies to all development within the Oregon State University – Cascades Overlay Zone.

B.    Trip and Parking Reduction Measures. The TPDM Plan must include the measures set forth in Table 2.7.3580.B, and may include any measures identified in Table 4.8.500, Trip and Parking Reduction Measures, if such additional measures are adopted through site plan approvals, consistent with BDC 4.8.800.

Table 2.7.3580.B

Facility Provision Measures

Parking Reduction

Provide on-site showers and lockers free of charge.

5%

Provide enclosed bike lockers and/or fenced, covered bike storage areas and/or a designated bike storage area inside a building.

5%

Ongoing Incentive Measures

 

Project is located within one-quarter mile of a transit facility and employer participates in CET’s Group Bus Program.

5%

Provide a bike-share program or free use of bikes on site that is available to all tenants/employees of the site.

5%

C.    Ongoing Participation, Monitoring and Reporting. The applicant is required to commit to ongoing participation in the TPDM plan in its deeds, tenant leases, codes, covenants and restrictions and is subject to ongoing monitoring and tracking of the activities undertaken to implement the approved measures and their results. The applicant shall submit an annual report to the City no later than August 30 of each year, which shall include the following information:

1.    Evidence that the parking reduction measures identified in Table 2.7.3580.B or other parking reduction measures approved pursuant to BDC 4.8.800 were in place or operational during the prior 12-month period.

2.    A description of any voluntary parking reduction measures identified in Table 4.8.500 in place or operational during the prior 12-month period.

3.    The average utilization of parking spaces located in the Campus and Recreation Districts during fall, winter and spring academic terms for the prior 12-month period. For purposes of reporting, counts shall be taken on a weekly basis between the weekday hours of 12:00 p.m. and 4:00 p.m.

If the average utilization of parking spaces exceeds 93 percent during fall, winter or spring term during any 12-month reporting period, the City shall have the discretion to require the applicant to provide additional parking spaces in the Recreation District concurrent with the next site plan application filed by the applicant. The number of additional parking spaces required during subsequent site plan review must be equal to the number of parking spaces required to reduce the average utilization of parking spaces to 90 percent, based on the most recent reporting year. [Ord. NS-2309, 2018]

2.7.3590 Future Capacity Reservation.

A.    The OSU-Cascades Master Plan reserves infrastructure capacity (sewer, water, and transportation) through and including 2034, for all site plan review applications filed pursuant to the phasing plan through 2034. Site plan review applications submitted after 2034 will be subject to new utility and transportation analyses.

B.    Student Population. The OSU-Cascades campus is designed to accommodate a 5,000 student on-campus population. Concurrent with submission of site plan applications prior to December 31, 2034, for the final two academic buildings, the applicant shall demonstrate that the current on-campus student population, together with the on-campus student population to be supported by the final academic buildings, will not exceed 5,000 students. If the combined student population exceeds 5,000 students, the site plan applications shall include traffic impact, water and sewer analyses accounting for any combined student population in excess of 5,000 students. [Ord. NS-2309, 2018]

Article XVIII. 15th Street School Overlay Zone

2.7.3600 15th Street School Overlay Zone.

2.7.3610 Purpose. Revised 9/18

The purpose of the 15th Street School Master Planned Development is to create standards specific to the siting of a high school and middle school on one campus. The standards: identify areas within the overlay district for a high school, middle school, and mixed high school/middle school program; provide special regulations and standards to properly site a large educational facility; and encourage multi-modal connectivity and transit. [Ord. NS-2311, 2018]

2.7.3620 Definitions. Revised 9/18

The following definitions apply to uses, building types and standards that are specific to the 15th Street School Overlay Zone:

15th Street School Site means the area identified as the “15th Street School Site” on Figure 2.7.3630.A, which includes the High School Site and the Middle School/Blended Program Site.

High School Site means the area identified as the “Phase One – High School” on Figure 2.7.3630.B.

Middle School/Blended Program Site means the area identified as the “Phase Two – Middle School” on Figure 2.7.3630.B. [Ord. NS-2311, 2018]

2.7.3630 Applicability. Revised 9/18

A.    The 15th Street School Master Planned Development is identified on the City’s official Zoning Map. In addition to the provisions of the underlying zones, the standards and regulations of this section apply to lands within the 15th Street School Master Planned Development as shown on Figure 2.7.3630.A. These provisions modify existing standards of this code by applying requirements or allowing exceptions to general regulations. Where there is a conflict between the provisions of the 15th Street School Master Planned Development and those of the underlying zone or other portions of this code, the provisions of this Master Planned Development control. Where the Master Planned Development contains no specific regulations, those of the underlying zoning district apply.

Figure 2.7.3630.A

B.    The phasing of development will be consistent with Figure 2.7.3630.B. Phase One is south of the new collector street and Phase Two is north of the new collector street.

Figure 2.7.3630.B

[Ord. NS-2311, 2018]

2.7.3640 Permitted and Conditional Uses. Revised 9/18

A.    Permitted and Conditional Uses. The land uses listed in the underlying zoning district as permitted or conditional uses are permitted or conditionally permitted in the 15th Street School Overlay Zone. [Ord. NS-2311, 2018]

2.7.3650 Development Standards. Revised 9/18

A.    New development must be consistent with the provisions of this title except as provided below. The standards below control over any conflicting standards in this title.

Standard

15th Street School Overlay Zone

Lot Area

No requirement

Lot Width

No requirement

Lot Depth

No requirement

Front Setback

Minimum 20 feet (no maximum setback)

Side and Rear Setback

None, except when abutting a residential use in a City Residential Zone, then the side or rear setback to a building or parking area is 20 feet

Building Height

50 feet, except gyms, theatres and auditoriums – 70 feet

Lighting Height*

Football/track lighting – 70 feet

Other field lighting – 50 feet

Parking lot – 25 feet

Lot Coverage

No maximum requirement

Block Length and Perimeters

No requirement

Fences

Perimeter fences – 8 feet

Field fences – 20 feet with netting up to 40 feet

*Lighting must meet the outdoor lighting standards of BDC Chapter 3.5.

B.    Parking areas abutting a residentially designated property must provide a minimum of a 20-foot landscaped/native buffer between the parking area and the abutting property line of the residentially designated property. This buffer area must be left native or appropriately landscaped to provide a buffer for the abutting residential district.

C.    All service, repair, processing, or storage on property adjacent to a Residential District must be conducted wholly within an enclosed building unless screened from the Residential District by a sight-obscuring fence or wall. [Ord. NS-2311, 2018]

2.7.3660 Design Standards. Revised 9/18

A.    Design Standards. In addition to the applicable provisions of BDC Chapter 4.2, all buildings constructed within the 15th Street School Overlay Zone must be reviewed for conformance with the standards in subsections (A)(1) through (7) of this section unless otherwise specified in this code.

1.    Building Mass. Building elevations viewed from public streets must be constructed using a combination of architectural features, such as windows, pedestrian entrances, building offsets, projections, recesses, detailing, a change in materials or similar features, to break up large building facades and walls greater than 50 feet in length. A minimum of 15 percent of the horizontal building facade facing a street must contain a variety of architectural features.

2.    Pedestrian-Scale Building Entrances. Recessed entries, canopies, and/or similar features must be used at the entries to buildings in order to create a pedestrian scale.

3.    The predominant building materials should be characteristic of Central Oregon such as brick, wood, native stone and tinted/textured concrete masonry units and/or glass products.

4.    Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the architectural style of the building. Variations within one architectural style are highly encouraged. Visible rooflines and roofs that project over the exterior wall of a building enough to cast a shadow on the ground are highly encouraged. Architectural methods must be used to conceal flat rooftops. Overhanging eaves, sloped roofs, parapet walls that have variations vertically or horizontally with decorative features, and multiple roof elements are highly encouraged.

5.    Community amenities such as patio/seating areas, water features, art work or sculpture, clock towers, pedestrian plazas with park benches or other features located in areas accessible to the public may be calculated as part of the landscaping requirements of BDC Chapter 3.2.

6.    Exterior colors must be of low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors such as neon, highly reflective metallic or fluorescent for the facade and/or roof of the building is prohibited except as approved for building trim.

7.    Outdoor and rooftop mechanical equipment and trash cans/dumpsters must be architecturally screened from view. Heating, ventilation and air conditioning units must have a noise attenuating barrier to protect adjacent Residential Districts from mechanical noise. [Ord. NS-2311, 2018]

2.7.3670 Access, Landscaping and Parking. Revised 9/18

A.    New development must be consistent with the provisions of BDC Title 3 except as provided below. The standards below control over any conflicting standards in BDC Title 3.

B.    Access Circulation and Lot Design (BDC Chapter 3.1). Notwithstanding BDC 3.1.200(E) and 3.1.400(F)(1) through (5), the access points allowed for the 15th Street School Overlay Zone will be as shown on Figure 2.7.3670.A:

Figure 2.7.3670.A

1.    An entrance on 15th Street to the High School Site (no left out).

2.    An entrance to the Middle School/Blended Program Site on 15th Street if a traffic analysis at the time of Middle School Site plan review application shows that the entrance will operate in conformance with applicable City of Bend standards.

3.    A right-in only driveway access on Knott Road into the parking lot.

4.    Driveway accesses from the new collector street to the middle school, blended program, and small parking lot on the west side of the collector street. Driveway access location to be determined at the time of Middle School Site plan review application.

5.    A private local road in the southwest of the High School Site connecting from the new collector street to Knott Road.

6.    Driveway accesses from the private road to the high school bus loop/west parking lot, three entrances to the high school parking lot (right-in only at the southern parking lot if within 200 feet of Knott Road), and to the small parking areas in the western portion of the site, if constructed.

C.    Landscaping, Street Trees, Fences and Walls (BDC Chapter 3.2). Notwithstanding BDC 3.2.500, fences around ballfields may be up to 20 feet with netting up to 40 feet in order to contain balls on site.

D.    Vehicle Parking, Loading and Bicycle Parking (BDC Chapter 3.3).

1.    Notwithstanding BDC 3.3.300(C)(1) and (2), parking may be located within the front yard setbacks of the private local street.

2.    Ten percent of the vehicle parking spaces must be reserved for carpool, vanpool or carshare vehicles and located in the most desirable on-site location.

3.    Twice as many covered, secured bike parking racks as required by BDC Chapter 3.3 must be provided. [Ord. NS-2311, 2018]

2.7.3680 Special Street Standards. Revised 9/18

A.    Figure 2.7.3680.A depicts the street type, tentative street location and alignment within the 15th Street School Overlay District. Figure 2.7.3680.A-1 depicts the associated typical street cross-section. Minor changes to the precise street alignment, applicable street cross-section, and pedestrian/bicycle connectivity at intersections may occur at site plan submittal and will not require modification to the Master Plan approval.

B.    Any City street standard adopted after the effective date of the ordinance codified in this chapter, which permits a lesser street standard to be applied Citywide, may be applied in the 15th Street School Overlay Zone.

C.    Local streets within the 15th Street School Overlay Zone may be public or private streets. All private streets must comply with the standards for private streets found in BDC Chapter 3.4, or as set forth in Figure 2.7.3680.A-1.

Figure 2.7.3680.A

Figure 2.7.3680.A-1

Figure 2.7.3680.A-1

[Ord. NS-2311, 2018]

2.7.3690 Transportation Mitigation Plan. Revised 9/18

A.    Applicability. The following Transportation Mitigation Plan applies to all development within the 15th Street School Overlay Zone. The Transportation Mitigation Plan is adopted and implemented pursuant to BDC 4.7.600(D)(1).

B.    Alternate Transportation Design Standards. Transportation facilities within the 15th Street School Overlay Zone must comply with the standards set forth in BDC 2.7.3680 and Figures 2.7.3680.A and 2.7.3680.A-1.

C.    Transportation Mitigation. The following transportation mitigation measures must be constructed pursuant to the phasing schedule in Table 2.7.3690 prior to certificate of occupancy for any building in the phase.

Table 2.7.3690 

Phase

Proposed Development

Mitigation Requirements

Phase 1

High school, associated fields, athletic buildings, parking and accessory uses in the area identified as Phase 1.

New Collector Street:

1.    Dedicate minimum 70-foot right-of-way and construct new collector street to modified collector standards (see Figures 2.7.3680.A and A-1) from 15th Street to western property boundary.

2a.    Acquire and dedicate minimum 70-foot right-of-way and construct new collector street to modified collector standards from western property boundary to Brosterhous Road. Install advanced warning sign on Brosterhous Road.

OR

2b.    Dedicate and coordinate with the City to acquire right-of-way and construct single-lane roundabout at Knott Road and Brosterhous Road.

3.    Construct 6-foot sidewalk along the south side and east side of the new collector street and new local street, from 15th Street to Knott Road.

4.    Construct 10-foot-wide multi-use asphalt path along the north side and west side of the new collector street and local street, from 15th Street to Knott Road.

5.    Install painted and signed crosswalk between the High School and Future Middle School/Blended Program Site on the new collector street.

 

 

15th Street:

6.    Dedicate approximately 10 feet of right-of-way to achieve 50 feet of right-of-way from the centerline along entire frontage of 15th Street.

7.    Dedicate right-of-way for a future roundabout at 15th Street and the new collector street.

8.    Construct 15th Street along entire frontage to arterial standards (see Figures 2.7.3680.A and A-1).

9.    Dedicate and coordinate with the City to acquire right-of-way and construct a single-lane roundabout at Knott Road and 15th Street.

10.    Construct a striped pedestrian crossing with center refuge island on 15th Street on the south side of Humber Lane.

11.    Restrict to right-in, right-out, left-in access from High School Site to 15th Street, with a “pork chop” to prevent left-out turning movement.

12.    Identify and construct a transit bus stop location to PROWAG standards under a right-of-way permit.

Knott Road:

13.    Dedicate sufficient right-of-way to achieve 50 feet of right-of-way from centerline along entire frontage of Knott Road.

14.    Restrict access to parking lot on Knott Road to right-in only.

15.    Construct a 10-foot multi-use asphalt path along the north side of Knott Road for the length of the frontage.

New Private Local Street:

16.    Construct a local street connecting Knott Road to the new collector street (see Figures 2.7.3680.A and A-1).

 

 

17.    Provide driveway access from the local road to the high school parking area, restricting to right-in access only if within 200 feet of Knott Road.

Other:

18.    Construct multi-use path parallel to the railroad tracks from the north property line to the new collector street to connect to Alpenglow Park path.

19.    Construct luminaires at all 15th Street, Knott Road intersections and striped pedestrian crossings.

Phase 1a

Parking west of new collector – may be constructed with Phase 1 or Phase 2.

Install painted and signed crosswalk between the high school and additional parking west of the new collector street.

Phase 2

At Phase 2 site plan review, the following transportation mitigation items may be revised if requested by the school district and approved by the City to take into account future developments and traffic impacts from the middle school and blended program.

Middle school and blended program, fields, athletic buildings, parking and accessory uses.

1.    Construct a connection from the Bend Parks and Recreation parking lot into the middle school parking lot. An entrance across from Humber Lane may be allowed if access restrictions ensure safe traffic flow as determined during transportation analysis during Middle School site plan land use review.

2.    Construct and coordinate with the City to acquire a single-lane roundabout at 15th Street and the new collector street, unless it is already constructed.

3.    Dedicate and coordinate with the City to acquire right-of-way and construct single-lane roundabout at Knott Road and Brosterhous Road, if not completed in Phase 1.

4.    Construct Knott Road frontage to arterial standards.

[Ord. NS-2311, 2018]

2.7.36100 Future Capacity Reservation. Revised 9/18

The 15th Street School Master Plan reserves infrastructure capacity (sewer, water, and transportation) through and including December 31, 2027, for all site plan review applications filed through December 31, 2027. Site plan review applications submitted after December 31, 2027, will be subject to new utility and transportation analyses and must demonstrate that adequate capacity exists at the time of such application. [Ord. NS-2311, 2018]

Article XIX. Discovery West Master Planned Development

2.7.3700 Discovery West Master Planned Development.

2.7.3710 Purpose. Revised 7/19

The purpose of the Discovery West Master Planned Development is to implement Bend Comprehensive Plan policies regarding the West UGB Expansion Area (Master Plan Area 1 under Chapter 11 of the Bend Comprehensive Plan), and to create overlay development standards for the Residential, Commercial and Employment Districts within the Discovery West Master Plan area. The development standards will:

A.    Provide a variety of housing types and employment opportunities.

B.    Locate higher density housing and employment lands adjacent to collector and arterial streets or public parks.

C.    Create opportunities for live/work townhomes and small-scale businesses in selected locations to foster a mixed-use residential neighborhood.

D.    Promote pedestrian and other multi-modal transportation options.

E.    Ensure compatibility of uses within the development and with the surrounding area.

F.    Create an interconnected system of streets with standards appropriate to the intensity and type of adjacent land use.

G.    Create safe and attractive streetscapes that will meet emergency access requirements and enhance pedestrian and bicycle access and safety.

H.    Implement the relevant policies of the Bend Comprehensive Plan:

1.    The central planning concepts are to: provide a limited westward expansion that complements the pattern of complete communities that began with NorthWest Crossing with the existing concentration of schools, parks, commercial and employment lands; and creates a transect from higher densities along Skyline Ranch Road to lower density and open space along the western edge in this area which approaches National Forest land and park open spaces, in order to provide buffers for wildlife and wildfire.

2.    Establishing appropriate development regulations to implement the transect concept; develop measures to make the development and structures fire resistant; and implement RL plan designation densities within this area while providing for a mix of housing types and clustering developed areas to provide for open space preservation.

3.    Provide up to 650 housing units, including a minimum of nine percent single-family attached units (minimum of 54 to 60) and a minimum of 21 percent multifamily and duplex/triplex units (minimum 128 to 142 units). The minimum required units (total and by housing type) is 90 percent of the specified maximum, or 585 total dwelling units. [Ord. NS-2338, 2019]

2.7.3720 Applicability. Revised 7/19

The Discovery West Master Planned Development standards apply to the property identified in Figure 2.7.3720, further identified as West Area Master Plan Area 1 in BCP Chapter 11. The special standards of the Master Plan supersede the standards of the underlying zone. Where no special standards are provided, the applicable standards of the underlying zone apply. The final determination of the zone or district boundary will be established at the time of subdivision platting and right-of-way dedication.

Figure 2.7.3720 Discovery West Master Planned Development.

[Ord. NS-2338, 2019]

2.7.3730 Districts. Revised 7/19

Figure 2.7.3730 Districts.

A.    Large Lot Residential District.

1.    Purpose. The purpose of the Large Lot Residential District is to implement the low-density single-family residential lot component of the west side transect as identified in the Bend Comprehensive Plan. The increased setbacks in this district are intended to serve as greater buffers for wildlife passage and greater separation between structures for increased wildfire resilience.

2.    Density. The Large Lot Residential District will accommodate approximately 50 single-family residential lots.

B.    Standard Lot Residential District.

1.    Purpose. The purpose of the Standard Lot Residential District is to allow higher density detached single-family lots on smaller lots than otherwise permitted in the underlying Low-Density Residential Zone (RL) zone to off-set the larger lots and lower density necessary for the Large Lot Residential District which implements the transect concept.

2.    Density. The Standard Lot Residential District is intended to accommodate approximately 400 detached single-family residential lots.

C.    Residential Mixed-Use District.

1.    Purpose. The Residential Mixed-Use District is applied in locations adjacent to collector or arterial streets, Commercial Limited or Mixed Employment zones, or public parks to satisfy BCP Policy by allowing a variety of housing types, higher density residential uses, and live/work housing to form the highest density residential component of the transect along with some limited small-scale commercial opportunities in the live/work townhomes.

2.    Density. The Residential Mixed-Use District will accommodate at least 54 to 60 attached single-family units and at least 128 to 142 multifamily, duplex, or triplex residential units as required by BCP Policy 11-104.

D.    Commercial/Mixed Employment District.

1.    Purpose and Applicability. The Commercial/Mixed Employment District applies to all land zoned Commercial Limited and Mixed Employment within the Discovery West Master Planned Development. The purpose of this district is to establish smaller scale commercial and employment uses than might otherwise be found in the CL and ME zones by limiting building height on lots abutting Skyliners Road. The Commercial/Mixed Employment District will also limit direct vehicular access to Skyliners Road.

E.    Definitions. The following definitions apply to uses, building types and standards that are specific to the Discovery West Master Planned Development:

Attached single-family as used in Bend Comprehensive Plan Policy 11-104, and as applicable to the Discovery West Master Planned Development, refers to townhomes, live-work townhomes, and any type of cluster housing development (both mews and cottages).

Cluster housing development refers to detached single-family cottages or attached mews houses in a cluster around a central shared open space. Cottages or mews houses must be located on platted lots or as condominium units.

Cottage means a detached dwelling unit in a cluster housing development.

Live/work townhome means a residential townhome in which a business may be operated on the ground floor. A live/work dwelling is allowed instead of, or in addition to, home business as defined by this code.

Mews house means an attached dwelling unit in a cluster housing development, with common walls on one or both side lot lines.

Transect as used herein refers to a gradient from higher densities along Skyline Ranch Road to lower density and open space along the western edge in this area which approaches National Forest land and park open spaces, in order to provide buffers for wildlife and wildfire, pursuant to BCP Policy 11- 101. [Ord. NS-2338, 2019]

2.7.3740 Review Procedures. Revised 7/19

The following review procedures are applicable to uses within the Discovery West Master Planned Development:

A.    Design Review. Townhomes, live/work townhomes, cluster housing, duplexes, triplexes and fourplexes located on lots specifically approved as such, are subject only to design review through the Discovery West Architectural and Landscape Review Committee.

B.    Site Plan/Design Review. Multifamily development greater than four units and buildings in the Commercial/Mixed Employment District will not be subject to the provisions of BDC 4.2.600, Design Review, but will be subject to BDC 4.2.500, Site Plan Review, and design review through the Discovery West Architectural an Landscape Review Committee.

C.    Conditional Use Permit. Conditionally permitted uses require a Conditional Use Permit in accordance with BDC Chapter 4.4. [Ord. NS-2338, 2019]

2.7.3750 Large Lot Residential District. Revised 7/19

A.    Permitted Uses.

1.    Detached single-family dwelling.

2.    Accessory uses and structures.

3.    Accessory dwelling unit.

4.    Family childcare home (16 or fewer children).

5.    Neighborhood, community, and regional parks.

6.    Home business (Class A, Class B) subject to the provisions of BDC 3.6.200(N).

7.    Duplexes and triplexes on lots specifically designated for development as such on an approved subdivision tentative plan.

B.    Height Standards. The height standards of the RL Zone apply.

C.    Lot Area and Dimensions. The lot area and dimensions of the RL Zone apply.

D.    Lot Coverage. The lot coverage standards of the RL Zone apply.

E.    Setbacks. The setbacks of the RL Zone apply, with exception that a 20-foot side yard setback is required as a wildfire protection measure. [Ord. NS-2338, 2019]

2.7.3760 Standard Lot Residential District. Revised 7/19

A.    Permitted Uses.

1.    Detached single-family dwelling.

2.    Accessory uses and structures.

3.    Accessory dwelling unit.

4.    Family childcare home (16 or fewer children).

5.    Neighborhood, community, and regional parks.

6.    Home business (Class A, Class B) subject to the provisions of BDC 3.6.200(N).

7.    Duplexes and triplexes on lots specifically designated for development as such on an approved subdivision tentative plan.

B.    Height Standards. The height standards of the RS Zone apply.

C.    Lot Area and Dimensions. The lot area and dimensions of the RS Zone apply.

D.    Lot Coverage. The lot coverage standards of the RS Zone apply.

E.    Setbacks. The setbacks of the RS Zone apply, with exception of the following special side setbacks:

Table 2.7.3760 Side Setbacks in the Standard Lot Residential District

Setback

Lot Width (frontage)

Less than 65 feet

Lot Width (frontage)

65 feet or greater

Side

7.5 feet

10 feet

[Ord. NS-2338, 2019]

2.7.3770 Residential Mixed-Use District. Revised 7/19

A.    Permitted Uses.

1.    All uses permitted or conditionally permitted in the Standard Lot Residential District.

2.    Multifamily housing.

3.    Attached single-family/townhome.

4.    Live/work townhome subject to the provisions of this district.

5.    Cluster housing development.

B.    Setbacks. The setbacks of the RM Zone apply unless otherwise specified in the special use standards below (e.g., zero setback for common walls of townhome or mews houses).

C.    Height Standards. The following height standards apply in the Residential Mixed-Use District:

Table 2.7.3770 Height Standards in the Residential Mixed-Use District

Use

Building Height

Single-family detached

30 feet

Townhome, live-work townhome, duplex, triplex

35 feet

Multifamily housing

45 feet

Cluster housing – Cottage

25 feet

Cluster housing – Mews

35 feet

D.    Lot Area and Dimensions. Except as otherwise specified in this section, the standards of the RM Zone apply.

E.    Lot Coverage. The lot coverage standards of the RM Zone apply to detached single-family dwellings, duplexes, and triplexes. There is no lot coverage limitation for other uses in the Residential Mixed-Use District.

F.    Platting Lots for Specific Uses. The following standards apply for the Residential Mixed-Use District:

1.    The tentative plan application for a subdivision phase in the Residential Mixed-Use District must specify the housing type and a minimum and maximum number of residential units intended for each lot.

2.    A deed restriction must be recorded with each lot in the RMUD intended for duplex, triplex, multifamily or attached single-family housing specifying a minimum and maximum range of housing units to ensure BCP Policy 11-104 is satisfied as to the type and total number of housing units specified for the West UGB Expansion Area Master Plan Area 1.

G.    Special Standards for Live/Work Townhomes.

1.    The location of lots where live/work dwellings may be sited must be specified in the tentative plan application for that development phase.

2.    The commercial or office portion of the building may not exceed 50 percent of the square footage of the entire building, excluding any garage.

3.    Vehicle and bicycle parking must be in accordance with BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking. No more than four off-street parking spaces must be provided for each live/work townhome.

4.    No outside storage of materials or goods related to the work occupation or business is permitted.

5.    If the business is open to the public, public access must be through the work area front door and the business may not be open to clients or the public before 7:00 a.m. or after 7:00 p.m.

6.    The following commercial uses are allowed in live/work townhomes:

a.    Offices and clinics;

b.    Childcare facility (13 or more children);

c.    Food and beverage services less than 2,000 square feet (with or without alcohol) excluding automobile-dependent and automobile-oriented, drive-in, and drive-through uses;

d.    Laundromats and dry cleaners;

e.    Retail goods and services;

f.    Personal services (e.g., barber shops, salons, similar uses);

g.    Repair services, conducted entirely within building; excluding vehicle repair, small engine repair and similar services;

h.    Home business (Class A, B and C) subject to the provisions of BDC 3.6.200(N).

H.    Special Standards for Cluster Housing Developments. Cluster housing development provides an alternative housing type to satisfy the attached single-family housing requirement of BCP Policy. The cluster housing development type supports the following principles:

•    The development standards for cottage and mews houses fosters the creation of a small community within the larger overall Discovery West Master Planned Development.

•     The site is designed with a coherent concept in mind, including shared functional open space, off-street parking areas, access within the site and from the site, and consistent landscaping;

•     A cluster housing development must have a homeowners’ association for the ownership and management of shared open space and any common parking areas.

1.    General Development Requirements.

a.    There is no minimum lot size for cluster housing developments;

b.    Cottages or mews houses must be located on platted lots or as units in a condominium development and may share use of common facilities such as, but not limited to, a party room, tool shed, garden, workshop and parking areas;

c.    New lots created as a part of a cluster housing development within Discovery West are not required to have frontage on either a public or private street;

d.    Setbacks. A minimum setback of 10 feet and a maximum of 20 feet is required from any property line abutting a street. A minimum setback of five feet is required abutting all other outer boundaries of the cluster housing development;

e.    Interior Separation. There must be a minimum separation of 10 feet between all buildings with the exception of the common wall of attached mews houses;

f.    Accessory structures, garages or carports must be set back a minimum of 20 feet from property lines fronting a public street;

g.    Rear yard setbacks must be a minimum of five feet to the outer boundary of the cluster housing development.

2.    Size Limitations.

a.    The total floor area of each cottage unit may not exceed 1,200 square feet, and the total floor area for each mews dwelling unit may not exceed 1,600 square feet. Attached garages are not included in the calculation of total floor area.

b.    Cottage and mews areas that do not count toward the total floor area calculation are:

i.    Architectural projections, such as bay windows or fireplaces;

ii.    Attached roofed porches;

iii.    Detached garages or carports;

iv.    Spaces with a ceiling height of six feet or less measured to the exterior walls, such as in a second-floor area under the slope of the roof, or storage space under the main floor.

c.    The maximum main floor area for cottages is 1,000 square feet. For the purposes of this calculation, the area of interior stairway may be allocated between floors served.

d.    Cottages must have a roofed porch at least 80 square feet in size with a minimum dimension of six feet on any side.

3.    Required Open Space.

a.    Shared Open Space.

i.    Shared open space must provide a centrally located, focal area for the cluster housing development.

ii.    Shared open space must total a minimum of 500 square feet per cottage or mews lot when all shared open space areas are combined.

iii.    Shared open space must abut at least 50 percent of the cottage or mews lots.

iv.    Each cottage or mews lot must be connected to the shared open space by a pedestrian pathway.

v.    Each cottage or mews lot must be within 75 feet of shared open space.

vi.    Common parking areas are not counted in the shared open space area requirements.

b.    Private Open Space.

i.    Each unit must have a minimum of 300 square feet of private, contiguous, usable open space with no dimension less than 10 feet adjacent to each dwelling unit, for the exclusive use of the cottage or mews resident.

ii.    The private open space must be located on slopes of less than 10 percent.

4.    Parking.

a.    A minimum of one parking space and a maximum of two parking spaces are required for each cottage or mews dwelling unit.

b.    A parking area is a location for two or more contiguous vehicle spaces not within a garage or carport. Any common parking area must be located in the cluster housing development. [Ord. NS-2338, 2019]

2.7.3780 Commercial/Mixed Employment District. Revised 7/19

A.    Development Standards. The development standards of the underlying zone apply within the Commercial/Mixed Employment District, with the exception of the additional limitations below for lots with frontage on Skyliners Road.

1.    Height Limitation. For lots that abut Skyliners Road, the maximum building height is 35 feet.

2.    Site Access. No vehicular access driveways are allowed onto Skyliners Road. [Ord. NS-2338, 2019]

2.7.3790 Special Street Standards. Revised 7/19

Figure 2.7.3790.A depicts the street type, tentative street location and alignment in the Discovery West Master Planned Development. Table 2.7.3790 defines the standards to correspond to the street type shown in Figure 2.7.3790.A. The precise street alignment will be established through the approval of tentative subdivision plans. These street types and standards will be applied to the Discovery West Master Planned Development as illustrated except when an alternate standard is permitted under this section or through the tentative plan approval process.

Any City street standard adopted after the effective date of the ordinance codified in this chapter, which permits a lesser street standard, may be applied to the Discovery West Master Planned Development during the subdivision review process.

Figure 2.7.3790.A Discovery West Street and Circulation Plan

Table 2.7.3790 Discovery West Street Types and Standards with Cross Sections

*Performance standards for Local Residential Street “B”

1.    Average daily traffic volume on do not exceed 300 ADT.

2.    The street is connected to a grid street pattern at both block ends.

3.    Blocks must have dedicated public alley access constructed to Discovery West standards.

4.    “No Parking” zones must be established 55 feet from the centerline of intersecting local streets.

5.    For block lengths exceeding 300 feet, “No Parking” zones must be established on both sides of the street spaced no greater than 250 feet apart. Each zone must be a minimum of 30 feet in length.

Figure 2.7.3790.B Discovery West Pedestrian and Bicycle Circulation Plan

[Ord. NS-2338, 2019]