Chapter 4.2
MINIMUM DEVELOPMENT STANDARDS REVIEW, Revised 1/19 Revised 9/19

SITE PLAN REVIEW AND DESIGN REVIEW

Sections:

4.2.100    Purpose.

4.2.200    Review Processes.

4.2.300    Submittal Requirements.

4.2.400    Minimum Development Standards Review. Revised 1/19 Revised 9/19

4.2.500    Site Plan Review.

4.2.600    Design Review.

4.2.700    Bonding and Assurances for All Developments.

4.2.800    Development in Accordance with Permit Approval.

4.2.100 Purpose.

The purpose of Minimum Development Standards Review (MDS) is to:

•    Streamline development review for minor additions or expansions and/or changes of use, and applicable single-family detached dwellings, single-family attached townhomes, accessory dwelling units and duplex dwellings.

•    Ensure compliance with specific appearance, transportation safety and utility standards specified in this code.

The purpose of Site Plan Review is to:

•    Provide rules, regulations and standards for efficient and effective administration of Site Plan Review;

•    Carry out the development pattern and plan of the City according to the Bend Comprehensive Plan policies;

•    Promote the public health, safety and general welfare;

•    Ensure adequate public facilities and services are available to serve new development;

•    Encourage efficient use of land resources, full utilization of urban services, mixed uses, transportation options, and detailed human-scaled design.

The purpose of Design Review is to:

•    Ensure detailed, human-scale design, while affording flexibility to use a variety of architectural building styles. [Ord. NS-2271, 2016; Ord. NS-2251, 2015]

4.2.200 Review Processes.

A.    Minimum Development Standards Review. Applications are reviewed under the Type I process. If Minimum Development Standards Review is combined with a Waiver or Modification of Public Improvement Standards, the application shall be reviewed following the Type II process.

B.    Site Plan Review. Applications that do not meet the applicability of the Minimum Development Standards Review shall be processed as Site Plan Review. Site Plan Review applications are reviewed following the Type II process.

C.    Design Review. Applications are reviewed under the Type II process. [Ord. NS-2251, 2015]

4.2.300 Submittal Requirements.

A.    An application for review under this chapter shall include the following information, as deemed applicable by the Development Services Director based on the size, scale and complexity of the development.

1.    Existing Site Conditions Map. At a minimum the existing site conditions map shall contain the following:

a.    The applicant’s entire property and the surrounding property to a distance of 150 feet from the subject property. Existing aerial photos may be used. The property boundaries, dimensions and gross area shall be identified;

b.    Topographic contour lines shown at one-foot intervals for slopes of 10 percent or less. For slopes greater than 10 percent, contour lines shall be shown at two-foot intervals. Slopes greater than 25 percent shall be identified;

c.    The location and width of all public and private streets, drives, sidewalks, pathways, rights-of-way, and easements on the site and adjoining the site for a distance of 150 feet. Existing aerial photos may be used;

d.    Potential natural hazard areas, including any areas identified as subject to a 100-year flood, areas subject to high water table, and areas mapped by the City, County, or State as having a potential for geologic hazards;

e.    Resource areas, including wetlands on the City’s Local Wetlands Inventory, streams, surface mines, and wildlife habitat identified by the City or any natural resource regulatory agencies as requiring protection;

f.    Features, including existing structures, pavement, large rock outcroppings, drainage ways, canals and ditches both on the site and adjoining the site for a distance of 150 feet. Existing aerial photos may be used;

g.    The location, size and species of trees and other vegetation having a caliper (diameter) of six inches or greater at four feet above grade;

h.    Locally or federally designated historic and cultural resources on the site and the adjacent parcels;

i.    North arrow, scale, names and addresses of all persons listed as owners on the most recently recorded deed;

j.    Name, address, email address and telephone number of project designer, engineer, surveyor, and/or planner, if applicable.

2.    Proposed Site Plan. The site plan shall contain the following information (as applicable):

a.    The proposed development site, including boundaries, dimensions, and gross area;

b.    Existing site features, including trees, identified on the site analysis map, if any, which are proposed to be retained or modified by the proposed development;

c.    The location and dimensions of all existing and proposed structures, utilities, pavement and other improvements on the site and adjacent to the site for a distance of 150 feet. Setback dimensions for all existing and proposed buildings shall be provided on the site plan;

d.    The location and dimensions of all site circulation for vehicles, pedestrians and bicycles including entrances and exits to the site, loading and service areas;

e.    The location and dimensions of all vehicle parking areas (show striping for parking stalls and wheel stops (if applicable) and bicycle facilities);

f.    The location, type and height of exterior lighting fixtures;

g.    Locations of bus stops and other public or private transportation facilities;

h.    Loading and service areas for waste disposal, loading and delivery;

i.    Outdoor recreation spaces, common areas, plazas, outdoor seating, street furniture, and similar improvements.

3.    Deed Restrictions. The applicant shall submit copies of all existing and proposed restrictions or covenants.

4.    Architectural Drawings. The Development Services Director may request architectural drawings showing one or all of the following:

a.    Building elevations with building height and width dimensions;

b.    Floor plans;

c.    Building materials, colors and type;

d.    The name, address and phone number of the architect or designer.

5.    Preliminary Grading and Drainage Plan. A preliminary grading and drainage plan prepared by a registered professional engineer or registered landscape architect shall be required in conformance with BC Title 16, Grading, Excavation, and Stormwater Management. The preliminary grading plan shall show the location and extent to which grading will take place, indicating general changes to contour lines, slope ratios, slope stabilization proposals, and location and height of retaining walls, if proposed.

6.    Surface Water Detention and Treatment Plan. A plan prepared by a registered professional engineer or registered landscape architect showing all drainage retention areas, catch basins, and storm piping prepared in accordance with BDC 3.4.500, Storm Drainage Improvements and BC Title 16, Grading, Excavation and Stormwater Management, shall be required.

7.    Landscape Plan. A landscape plan shall be required, and at the direction of the Development Services Director, shall show the following:

a.    A planting schedule containing the location, size, and species of the existing and proposed plant materials (at time of planting);

b.    Existing and proposed building and pavement outlines;

c.    Irrigation plans, written soil specifications at time of planting, and anticipated plant installation time line;

d.    The location of existing and proposed terraces, retaining walls, decks, patios, shelters, and play areas;

e.    Existing and proposed abutting street right-of-way landscaping;

f.    Other information as deemed appropriate by the Development Services Director. An arborist’s report may be required for sites with mature trees that are protected under BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls.

8.    Sign Drawings. Depictions of proposed signs shall be in conformance with BC Chapter 9.50, Signs. A separate sign permit will be required for all signs.

9.    Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in BDC 4.2.500(D), Site Plan Review Approval Criteria.

10.    Traffic Impact Study. A Traffic Impact Analysis shall be submitted if required by BDC Chapter 4.7, Transportation Analysis.

11.    Water and Sewer Capacity Analyses. These analyses are provided by the City upon request and payment of fee, if required.

12.    Additional Information. The Development Services Director may require, at the applicant’s expense, studies, reports or exhibits prepared by qualified professionals to address specific site features or concerns. [Ord. NS-2251, 2015]

4.2.400 Minimum Development Standards Review. Revised 1/19 Revised 9/19

A.    Minimum Development Standards Review for Single-Family Detached Dwellings, Single-Family Attached Townhomes, Accessory Dwelling Units and Duplex Dwellings.

1.    Applicability. This section applies to the construction of a new single-family detached dwelling, single-family attached townhome, accessory dwelling unit or duplex dwelling. Dwellings are also considered new if new construction is equal to or greater than 50 percent of the square footage of the existing dwelling (including partial to full demolition replaced with new square footage).

2.    Exemptions. The following are not subject to this section:

a.    Single-family detached dwellings that have existing full utility and full street frontage infrastructure.

b.    Single-family attached dwellings that have existing full utility and full street frontage infrastructure, and have vehicular access from an alley.

3.    Approval Criteria. The Review Authority must approve, approve with conditions, or deny an application for Minimum Development Standards Review based upon the criteria listed below.

a.    The proposed land use is a permitted or conditionally permitted use in the zoning district.

b.    In addition to the standards below, conditionally permitted uses require approval of a Conditional Use Permit and must meet the criteria in BDC 4.4.400.

c.    The following standards are met:

i.    The land use, building/yard setback, lot area, lot dimensions, density, lot coverage, building height, design review standards and other applicable standards of the underlying zoning district are met.

ii.    Single-family attached townhomes, accessory dwelling units and duplexes must comply with the corresponding standards of BDC Chapter 3.6, Special Standards and Regulations for Certain Uses.

iii.    Where available, public water and sewer mains must be extended through the length of the property frontage with services provided to the dwelling unit(s).

iv.    Street and Alley Improvements.

(A)    Full street and/or alley improvements must be constructed along the frontages of the property when an improved street and/or alley has been built to the property line. When a street and/or alley has been built to the property line and is not constructed to City standards, an alternative design may be approved by the City Engineer to match existing improvements. The Development Services Director may grant a waiver of this requirement under BDC 3.4.150. In such cases, an agreement to not remonstrate against the formation of a local improvement district must be recorded against the property; however, a waiver must be processed as a Type II process.

(B)    For properties over one acre in size where future division of the property is allowable, street and/or alley improvements are not required if any portion of the dwelling is located more than 300 feet from an improved street or alley. In such cases, an agreement to not remonstrate against the formation of a local improvement district must be recorded against the property.

(C)    Street improvements are not required for accessory dwelling units.

v.    Sidewalk Improvements.

(A)    When an existing public sidewalk exists within 600 feet of the front property line on the same side of the street of any of the frontages, sidewalks must be constructed along all frontage(s) of the site. A corner lot or parcel has two or more front property lines and frontages. Sidewalks are not required for accessory dwelling units.

(B)    Properties within the Woodriver Village subdivision must make a payment in lieu of constructing a sidewalk subject to BDC 3.4.160, Payment in Lieu of Sidewalk Construction. A payment in lieu of constructing a sidewalk is not required for accessory dwelling units.

vi.    Driveways and required parking areas must be paved with asphalt, concrete or comparable surfacing; a durable nonpaving material (e.g., grass-crete, eco-stone) may be used to reduce surface water runoff and to protect water and air quality. Gravel is not allowed. Driveway apron design and location must conform to City of Bend Standards and Specifications and the City’s adopted accessibility standards for sidewalks and walkways.

B.     Minimum Development Standards Review for All Other Uses.

1.    Applicability. This subsection applies to development other than those in subsection (A) of this section where there is:

a.    A building expansion of up to 50 percent of the existing building area or up to 5,000 square feet, whichever is less; and/or

b.    An outdoor use or parking expansion of up to 50 percent of the existing outdoor use area or parking area or up to 5,000 square feet of new outdoor use area or parking area, whichever is less; and/or

c.    A change of use of a building or property that increases demand on public facilities and/or requires new additional parking spaces; and/or

d.    A permanent or semi-permanent stand-alone commercial use no larger than 250 square feet in size on an existing commercial site (e.g., produce stand, food cart and similar uses); and/or

e.    Relocating or reconfiguring an existing driveway that does not increase a nonconformity or create a nonconformity. All other changes shall be processed as a Type II unless exempted.

2.    Exemption.

a.    Where the property is currently in compliance, and will remain in compliance, with all standards specified in the approval criteria in subsection (B)(3)(c) of this section, then Minimum Development Standards Review is not required.

b.    Closing an existing driveway is exempt from Minimum Development Standards Review.

3.    Approval Criteria. The Review Authority shall approve, approve with conditions, or deny an application for Minimum Development Standards Review based upon the criteria listed below.

a.    The proposed land use is a permitted or conditional use in the zoning district.

b.    Conditionally permitted uses require approval of a Conditional Use Permit and shall meet the criteria in BDC 4.4.400.

c.    The following standards are met:

i.    The land use, building/yard setback, lot area, lot dimensions, density, lot coverage, building height, design review standards and other applicable standards of the underlying zoning district are met.

ii.    Equipment, outdoor storage, manufacturing and service/delivery areas shall be screened as specified in BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls.

iii.    The minimum required number of parking spaces and vehicle circulation areas shall be paved and striped as specified in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking.

iv.    Bicycle parking shall be installed or upgraded to meet the standards specified in BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking.

v.    Access to the public right-of-way shall comply with BDC Chapter 3.1, Lot, Parcel and Block Design, Access and Circulation, unless exempted by BDC 5.2.100(E). If exempted, the access location may remain but the approach and access area within the right-of-way shall be brought up to City standards.

vi.    New paved parking areas shall meet the landscaping requirements of BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls.

vii.    Uses shall comply with the corresponding standards of BDC Chapter 3.6, Special Standards and Regulations for Certain Uses.

viii.    Existing required landscaped areas impacted by new construction shall be replaced elsewhere on site.

ix.    When an existing public sidewalk exists within 600 feet of the front property line on the same side of the street of any of the frontages, sidewalks shall be constructed along all frontage(s) of the site. A corner lot or parcel has two or more front property lines and frontages.

x.    Public utilities shall be adequate to serve the proposal. Where existing utilities are to be replaced, or new utilities are to be installed, construction shall comply with this code and with the City’s Standards and Specifications. [Ord. NS-2349, 2019; Ord. NS-2318, 2018; Ord. NS-2308, 2018; Ord. NS-2251, 2015]

4.2.500 Site Plan Review.

A.    Applicability. Site Plan Review shall apply all new uses, new buildings, new outdoor storage or sales areas, new parking lots and other development that exceeds the applicability thresholds in BDC 4.2.400, Minimum Development Standards Review.

B.    Exemption. Applications processed through Minimum Development Standards Review, or determined to be exempt from Minimum Development Standards Review, are exempt from Site Plan Review.

C.    Existing Development. Existing lawfully developed sites that do not conform to the current standards of this code are only required to meet current standards on the portions of the site affected by the proposed alteration or expansion. Any alterations to the site must meet current code standards.

D.    Site Plan Review Approval Criteria. The City shall approve, approve with conditions, or deny the proposed Site Plan Review application based on the following criteria:

1.    The proposed land use is a permitted or conditional use in the zoning district;

2.    Conditionally permitted uses require approval of a Conditional Use Permit and shall meet the criteria in BDC 4.4.400;

3.    The land use, building/yard setback, lot area, lot dimensions, density, lot coverage, building height, design review standards and other applicable standards of the applicable zoning district(s) are met;

4.    The proposal complies with the standards of the zoning district that implements the Bend Comprehensive Plan designation of the subject property;

5.    The applicable standards in BDC Title 3 are met;

6.    All applicable building and fire code standards are or will be met;

7.    All required public facilities have adequate capacity, as determined by the City, to serve the proposed use;

8.    The proposal complies with BDC Chapter 4.7, Transportation Analysis; and

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

E.    Final Site Plan. A Final Site Plan shall be submitted to the Community Development Department. The Final Site Plan shall depict the proposal as approved and shall incorporate all conditions of approval contained in the decision. No building or engineering permits will be issued until the Final Site Plan is approved.

F.    Expiration of Approval. In accordance with BDC Chapter 4.1, Development Review and Procedures, the land use approval shall lapse, and a new application shall be required, if a building permit has not been issued within the duration of Site Plan Review approval. [Ord. NS-2289, 2017; Ord. NS-2271, 2016; Ord. NS-2263, 2016; Ord. NS-2251, 2015]

4.2.600 Design Review.

A.    Applicability. Design Review is required for exterior alterations to existing buildings that modify 25 percent or more of the surface area of any exterior wall or roof where Minimum Development Standards Review or Site Plan Review is not otherwise required.

B.    Exemptions. The following activities or structures are not subject to this section:

1.    Maintenance of the exterior of an existing structure such as re-painting, re-roofing or re-siding where similar materials and colors are used or materials and colors are used that comply with the provisions of this code.

2.    Exterior alterations to existing buildings that modify less than 25 percent of the surface area of any exterior wall or roof where there is no net loss of glazing.

3.    Interior remodeling or tenant improvements.

4.    Buildings that are subject to review by the Bend Landmarks Commission.

5.    Single-family detached dwellings.

6.    Applications that require Minimum Development Standards Review or Site Plan Review.

7.    Properties located in the Central Business District (CB). See BDC 2.2.800, Development and Design Standards for the Central Business Zoning District.

8.    Properties located in the Water Overlay Zone (WOZ). See BDC 2.7.650, Deschutes River Corridor Design Review Combining Zone.

C.    Design Review Approval Criteria. The Review Authority shall approve, approve with conditions, or deny an application for Design Review based upon all relevant design standards contained in BDC Title 2 and applicable sections of BDC Chapter 3.6, Special Standards and Regulations for Certain Uses.

D.    Final Design Plan. A final design plan shall be submitted to the Community Development Department. The final design plan shall depict the proposal as approved and shall incorporate all conditions of approval contained in the decision. No building permits will be issued until the final design plan is approved. [Ord. NS-2251, 2015]

4.2.700 Bonding and Assurances for All Developments.

A.    Performance Bonds for Public Improvements. On all projects where public improvements are required, the City will allow concurrent construction of public and private improvements if the owner enters into a Site Plan Development Agreement stating that all private and public improvements shall be completed prior to certification of final occupancy. The City may require a bond or other adequate assurances in an amount not greater than 120 percent of the construction cost, as determined by the City, as a component of the Site Plan Development Agreement in order to guarantee the public improvements.

B.    Release of Performance Bonds. The bond or assurance shall be released when the Development Services Director finds the completed project conforms to the approved Site Plan, including all conditions of approval.

C.    Warranty Bond. The developer shall file with the City a warranty bond executed by a surety company, or other financial security acceptable to the Development Services Director, to cover any public improvements constructed as part of the approved development. The warranty period shall be one year beginning on the date of initial acceptance of the public improvements by the City. The bond shall guarantee the workmanship of the public improvements and shall be in the amount of 120 percent of the value of the improvements. The warranty bond shall be effective for no less than 18 months.

D.    Completion of Landscape Installation. Landscaping shall be installed in accordance with the land use approval prior to issuance of an occupancy permit. A security equal to 120 percent of the cost of the landscaping as determined by the Development Services Director may be accepted if winter weather prevents installation of the approved landscaping. The security shall assure installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the City to complete the installation. [Ord. NS-2251, 2015]

4.2.800 Development in Accordance with Permit Approval.

A.    Final Approvals. Development shall not commence until the applicant has received all of the appropriate land use and development approvals including but not limited to: Site Plan Review Approval, Design Review Approval, Minimum Development Standards Review Approval, grading permits and building permits. Construction of public improvements shall not commence until the City has approved all required public improvement plans (e.g., utilities, streets, public land dedication, etc.). The City may require the applicant to enter into an agreement (e.g., for phased developments and developments with required off-site public improvements), and may require bonding or other assurances for improvements, in accordance with BDC 4.2.700, Bonding and Assurances for All Developments.

B.    Phased Development. Phasing of development may be approved with a Site Plan Review application, subject to the following standards and procedures:

1.    A proposed phasing plan shall be submitted with the Site Plan Review application.

2.    The proposal shall include a time schedule for developing a site in phases, but in no case shall the total time period for all phases be greater than five years from the date of final approval without reapplying for Site Plan Review.

3.    Approval of a phased site development proposal requires satisfaction of all of the following criteria:

a.    The public facilities required to serve each phase are constructed in conjunction with or prior to each phase;

b.    The phased development shall not result in requiring the City or other property owners to construct public facilities that are required as part of the approved underlying development proposal; and

c.    An application for phasing may be approved after Site Plan Review approval as a modification to the approved plan, in accordance with BDC Chapter 4.1, Development Review and Procedures. [Ord. NS-2251, 2015]