Chapter 4.3



4.3.100    Purpose and Applicability.

4.3.200    General Requirements.

4.3.300    Tentative Plan. Revised 2/20

4.3.400    Final Plat.

4.3.500    Replats.

4.3.600    Property Line Adjustments.

4.3.700    Infill Development Options.

4.3.100 Purpose and Applicability.

A.    Purpose. The purpose of this chapter is to:

1.    Provide rules, regulations and standards governing the review and approval of subdivisions, partitions, replats and property line adjustments;

2.    Carry out the City’s development pattern, as envisioned by the Bend Comprehensive Plan;

3.    Encourage efficient use of land resources, full utilization of urban services, and transportation options;

4.    Promote the public health, safety and general welfare through orderly and efficient urbanization;

5.    Reduce or avoid traffic congestion, and secure safety from fire, flood, pollution and other dangers;

6.    Provide adequate light and air, prevent overcrowding of land, provide open space opportunities, and facilitate adequate provision for transportation, water supply, sewage and drainage; and

7.    Encourage the conservation of energy resources.

B.    Applicability. Units of land shall only be created or reconfigured in conformance with the standards of this chapter and ORS Chapter 92. [Ord. NS-2271, 2016; Ord. NS-2150, 2010; Ord. NS-2068, 2007; Ord. NS-2016, 2006]

4.3.200 General Requirements.

A.    Application Processes. The first step for all subdivisions, partitions and replats is the review of a tentative plan. Upon approval of a tentative plan, the applicant must submit engineered plans to the City for construction of any public improvements approved as part of the tentative plan. The construction plans shall be reviewed by the City for conformance with the City’s Standards and Specifications. Upon approval of the construction plans, the applicant shall build the improvements or provide a financial security guaranteeing the future construction of the improvements. Upon completion of the infrastructure construction and fulfillment of any conditions of approval, the final step is the City’s review and approval of a final plat and recordation of the final plat with Deschutes County. [Ord. NS-2150, 2010; Ord. NS-2068, 2007; Ord. NS-2016, 2006]

4.3.300 Tentative Plan. Revised 2/20

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

B.    Informational Requirements. A tentative plan shall be prepared by a professional land surveyor, a registered professional engineer or a registered landscape architect and contain the information listed below. Some information may be omitted from the tentative plan if it is provided in accompanying materials. No tentative plan shall be considered complete unless all the required information is provided.

1.    General Information Required.

a.    Proposed or existing name of the subdivision.

b.    Names, addresses and phone numbers of the owner of record, authorized agents or representatives, engineer or surveyor, and any assumed business names filed or to be filed with the Corporation Division by the applicant.

c.    Date of preparation, true north, scale, and gross area of the proposed subdivision, partition or replat.

d.    Appropriate identification of the drawing as a tentative plan for a subdivision, partition or replat.

e.    Location and tract designation sufficient to define its location and boundaries, and a legal description of the tract boundaries in relation to existing plats and streets.

f.    Certified copy of the recorded instrument under which the applicant claims an ownership interest, or copy of a land sales contract which binds the applicant in the event of tentative approval.

g.    A Title Report and/or a Subdivision Guarantee prepared within the previous 90 days.

h.    If a tract of land has water rights, the application shall be accompanied by a water rights division plan approved by the irrigation district or other water district holding the water rights, or when there is no such district, by the County Watermaster.

i.    A letter or other written documentation from the Bend Metro Park and Recreation District which indicates that the applicant has met with the district to discuss the proposed subdivision, partition or replat and provide the district an opportunity to review the design for options to enhance existing parks and trails, and develop new parks and trails.

j.    If an application is for a subdivision, the application shall be accompanied by a sewer and water analysis prepared by the City of Bend.

2.    Existing Conditions. Information concerning existing on-site conditions and conditions within 150 feet of all property included in the proposed subdivision, partition or replat:

a.    Location, names, and widths of existing improved and unimproved streets and roads, bikeways, and access corridors.

b.    Location of any existing features such as section lines, section corners, City and special district boundary lines, and survey monuments.

c.    Location of existing structures, irrigation canals and ditches, pipelines, waterways, railroads, and any natural features such as rock outcroppings, designated wetlands, wooded areas, and natural hazards.

d.    Location and direction of watercourses, and the location of areas subject to flooding and high water tables, including areas lying below the 100-year flood elevation as indicated on the most recent Flood Insurance Rate Maps as prepared by the Federal Emergency Management Agency.

e.    Location, width, and use or purpose of any existing easement or right-of-way for utilities, bikeways, and access corridors within and adjacent to the proposed subdivision, partition or replat.

f.    Existing sanitary and storm sewer lines, water mains, septic facilities, culverts, and other underground and overhead utilities within and adjacent to the proposed subdivision, partition or replat.

g.    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.

h.    Bend Comprehensive Plan and Zoning Map classification of lands within and adjacent to the proposed subdivision, partition or replat.

3.    Information Concerning Proposed Subdivision, Partition or Replat.

a.    Location, names, width, typical improvements, cross-sections, bridges, culverts, approximate grades, curve radii and centerline lengths and reserve strips of all proposed streets, and the relationship to all existing and projected streets within 150 feet.

b.    Location, width, and purpose of all proposed easements or rights-of-way for utilities, bikeways, and access corridors, and relationship to all existing easements and rights-of-way within 150 feet.

c.    Location of at least one permanent bench mark within the existing or proposed subdivision, partition or replat boundary.

d.    Location, approximate area, and dimensions of each lot, parcel, or designated unit of land and proposed lot or parcel numbers.

e.    Location, approximate area, and dimensions of any lot, parcel, or unit of land proposed for public use, the use proposed, and plans for improvements or development thereof.

f.    Proposed use, location, approximate area, and dimensions of any lot, parcel, or unit of land intended for nonresidential use within a residential land division.

g.    Source, method, and preliminary plans for domestic and other water supplies, sewage disposal, stormwater disposal and other drainage facility plans and all other utilities.

h.    Description and location of any proposed common area and community facility.

i.    Proposed deed restrictions including access restrictions or protective covenants if such are proposed to be utilized.

j.    Statement from each utility company proposed to serve the proposed land division or reconfiguration stating that each such company is able and willing to serve the proposed subdivision as set forth in the tentative plan, and the conditions and estimated costs of such service. Each utility purveyor shall be noted on the tentative plan.

k.    Proposed fire protection system for the land division or reconfiguration, including fire hydrant locations and sizes of water mains.

l.    Solar Access. Provide a statement relative to the solar access to be provided by the subdivision plan in accordance with BDC Chapter 3.5.

4.    Future Subdivision. Where a tract is proposed to be divided into parcels, lots, or units of land of an acre or more, the Review Authority may require an arrangement of parcels, lots, units of land and streets such as to permit future subdivision in conformity to the street requirements and other requirements contained in this code.

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

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

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

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

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

D.    Development Options. If the subject property and the surrounding area are eligible for Mid-block Development, the proposed development plan design must enable the future development of Mid-block Development, as allowed by BDC 4.3.700, Infill Development Options, for the adjoining properties.

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

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

2.    The proposal allows for the development of adjacent property in accordance with the provisions of this code.

3.    The proposal meets all standards and requirements of this code.

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

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

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

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

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

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

10.    The proposal complies with the standards of the zoning district in which the project is located and the standards of the zoning district that implements the Bend Comprehensive Plan designation of the subject property.

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

12.    The proposal complies with BC Title 15, Sewer.

F.    Improvement Requirements for Partitions.

1.    In the approval of a land partition, the Review Authority may require as a condition of approval any improvements that may be required for a subdivision under the provisions of this code. All roads in partitions shall be dedicated to the public without reservation or restriction.

2.    Easement Access. The Review Authority may require the applicant to improve an easement access serving two or more parcels according to the City’s street standards.

G.    Special Partitioning Regulations. The partitioning of a tract of land in which not more than one additional parcel is created and transferred to a public or semi-public agency for the purpose of a road, utility, railroad, electric substation, park, trail or canal right-of-way may be approved by the Review Authority without the parcel to be transferred meeting the minimum lot/parcel size standards of this code and without the need for a variance.

H.    Subdivisions, Partitions, Replats and Property Line Adjustments within the Urban Holding Districts (UH-2 1/2 and UH-10). The following standards shall apply to all subdivisions, partitions, replats and property line adjustments within the Urban Holding Districts (UH-2 1/2 and UH-10) where development is permitted in conformance with Table 2.1.1100.B. New residential development shall not exceed the allowed density of the zone as identified in Table 2.1.1100.A.

1.    Development Options. In order to preserve the urbanizable land within the Urban Holding Zones to the greatest extent practical prior to master planning and/or rezoning, new development involving a subdivision, partition, replat or property line adjustment shall conform to the following development standards listed below.

a.    New subdivisions, partitions and replats shall develop as a Cluster Development. Cluster Development is defined as a residential development pattern consisting of smaller lots not to exceed one-half acre in size, which abut one another and whereby one single-family home is permitted on each lot consistent with the overall maximum density for the area of the original land division. The larger parent parcel is retained for redevelopment and the overall development after the property is rezoned. Cluster development will allow for more efficient use of the land and preserve the greatest potential for redevelopment in the future.

b.    New lots and parcels or lots and/or parcels adjusted through property line adjustment in an Urban Holding Zone shall meet the lot requirements below:

Minimum lot size: 15,000 sq. ft.

Maximum lot size: 0.5 acre

Minimum lot width: 60 feet

Minimum lot depth: 100 feet

Example: A 40-acre property in the UH-10 could be subdivided into four lots consistent with the allowed density. The Cluster Development provision will require the development of three small lots with a maximum size of one-half acre and the remaining parent parcel. Cluster Development will allow one single-family home to be constructed on each lot. The lots would be served with an on-site sewage disposal system.

c.    A “shadow plat” or redevelopment plan is required prior to approval of the subdivision, partition or replat.

d.    No further land division can occur on the parent parcel until the property is rezoned with an urban zoning designation and an approved development plan.

e.    Exceptions. Properties which are 20 acres or larger and have a Framework Plan designation for future economic use shall be permitted to apply for a two lot partition where the parcel size for one lot is a minimum of five acres. No further land division can occur on the parent parcel until the property is rezoned with an urban zoning designation and an approved development plan.

I.    Special Regulations for Lands Abutting the Surface Mining District. If the subdivision, partition or replat adjoins the SM Zone, the existence and location of such zone shall be entered on plat for the lots or parcels created by the subdivision, partition or replat. [Ord. NS-2361, 2020; Ord. NS-2289, 2017; Ord. NS-2271, 2016; Ord. NS-2263, 2016; Ord. NS-2150, 2010; Ord. NS-2113, 2009; Ord. NS-2068, 2007; Ord. NS-2016, 2006]

4.3.400 Final Plat.

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

1.    If a tentative plan is approved for a single phased development, the final plat shall be filed with the City within two years of the approval date of the tentative plan. A one-year extension may be approved in accordance with BDC 4.1.1310.

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

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

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

B.    Submittal of the Final Plat. Prior to recordation with Deschutes County, the final plat shall be submitted to the City for review in the form prescribed by State statute, the Deschutes County Surveyor and this code.

C.    Requirements of Survey and Plat of Land Division or Reconfiguration. Any final plat submitted shall meet the survey and monumentation requirements of the applicable Oregon Revised Statutes.

D.    Information on the Final Plat. In addition to the requirements of the tentative plan approval or otherwise required by law, the following information shall be shown on the final plat:

1.    Name of subdivision or partition.

2.    Name of owner, applicant, and engineer or surveyor.

3.    The date, scale, north point, legend, controlling topography such as bluffs, creeks and other bodies of water, and existing highways and railroads.

4.    Legal description of the tract boundaries.

5.    Reference points of existing surveys, identified, related to the plat by distances and bearings, and reference to a field book or map as follows:

a.    Stakes, monuments, or other evidences found in the ground and used to determine the boundaries of the subdivision, partition or replat.

b.    Adjoining corners of adjoining subdivisions, partitions or replats.

c.    Other monuments found or established in making the survey or required to be installed by provisions of this code.

d.    The exact location and width of rights-of-way and easements intercepting the boundary of the tract.

6.    Tract boundary lines, and street rights-of-way and centerlines, with dimensions, bearing or deflecting angles, radii, arcs, points of curvature and tangent bearings. Normal high water lines for any river, creek, or other body of water. Tract boundaries and street bearings shall be shown to the nearest 0.01 feet. No ditto marks shall be used.

7.    The width of the streets being dedicated and the curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated together with the long chord distance and bearing.

8.    Easements shall be noted by short dashed lines, clearly identified and, if already of record, their recorded reference. If an easement is not of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificates of dedication.

9.    Lot and parcel numbers beginning with the number “1” and numbered consecutively.

10.    Public lands, including strips and easements, shall be clearly marked to distinguish it from lots intended for sale.

11.    Limitations on rights of access to and from streets, lots, and other parcels of land.

12.    The area of each lot, parcel or unit of land, if larger than one acre, to the nearest hundredth of an acre; and the area of each lot, parcel or unit of land less than one acre, to the nearest square foot.

13.    Appropriate space for all signatures as specified by the Deschutes County Surveyor shall be included on the final plat.

E.    Supplemental Information with the Final Plat. The following data, if applicable, shall accompany the final plat.

1.    Title Report. A preliminary title or subdivision guarantee report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interest in the premises; such report shall show evidence of a clear and marketable title and shall have been prepared within 30 days prior to submitting the final plat for review.

2.    Survey Closure Sheets. A copy of the surveyor’s survey closure sheets.

3.    Deed Restrictions. A copy of any deed restrictions applicable to the subdivision, partition or replat.

4.    Homeowners Association. A copy of any homeowners association agreements proposed or required for the subdivision.

5.    Dedications. A copy of any dedication requiring separate documents with specific reference to parks, playgrounds, etc.

6.    Taxes. A list of all taxes and assessments on the tract which have become a lien on the land subdivided or partitioned.

7.    Subdivisions, Partitions or Replats Adjoining SM Zones. Any final plat which adjoins a SM Zone must clearly show where such zone is located in relation to the subdivision boundaries.

8.    Condominium Plats. Any final plat for a condominium shall be accompanied by a copy of the condominium declaration.

F.    Criteria for Final Plat Approval. Upon receipt by the Planning Division, the plat and other data shall be reviewed by the Review Authority to determine that the following criteria have been met:

1.    The subdivision, partition or replat as shown is substantially the same as it appeared on the approved tentative plan, and all conditions of tentative plan approval have been or will be met.

2.    That the final plat contains the following elements:

a.    Streets and roads for public use are dedicated to the public without any reservation or restriction.

b.    Streets and roads held for private use and indicated on the tentative plan have been approved by the City.

c.    The plat contains provisions for dedication to the public of all streets, roads, bikeways, access corridors, parks, sewage disposal, and water supply system, if made a condition of the approval of the tentative plan.

d.    Explanations of all common improvements required as conditions of approval of the tentative plan are recorded and referenced on the plat.

3.    That the developer has either constructed and had accepted by the City the required improvements or the developer has filed with the City a financial security acceptable to the Development Services Director in accordance with subsection (J) of this section in lieu of constructing the improvements.

G.    Final Plat Approval. After the final plat has been reviewed and approved by the City, and when all signatures as required by the Deschutes County Surveyor other than the Development Services Director, City Engineer and County Commissioner appear on the mylar, the Planning Manager and City Engineer shall sign the final plat mylar and return it to the applicant to file with Deschutes County.

H.    Recording of Plat.

1.    Within 60 days of City approval, the applicant shall submit the approved final plat with the Deschutes County Clerk for recordation.

2.    The applicant shall provide exact copies of the recorded plat to the City Engineer and City Planning Division.

3.    The plat shall not be in effect until it has been recorded with the Deschutes County Clerk.

I.    Errors in the Final Plat. If an error in the final plat is discovered after the plat has been filed with the County Clerk, the error shall be corrected by the filing of an affidavit of correction.

J.    Financial Security in Lieu of Construction.

1.    In lieu of completion of the required improvements, the developer may request the City approve a financial security between the developer and the City guaranteeing the construction of the required improvements and specifying the schedule by which the required improvements shall be completed. The acceptance of financial security in lieu of construction is at the discretion of the Development Services Director. To assure the construction of the required improvements, the developer shall provide one of the following:

a.    A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Attorney.

b.    A cash deposit.

c.    An irrevocable standby letter of credit in a form approved by the City Attorney from a federally insured banking institution or savings and loan operating in Oregon that unconditionally promises to pay the funds pledged upon demand by the City. Such obligation must be unaffected by the financial status of the person who has obtained the letter of credit.

d.    Other irrevocable financial security acceptable to the Development Services Director.

2.    The financial security shall be for 120 percent of the cost of the improvements and repairs as determined by the City.

3.    If the developer fails to carry out the provisions of the agreement, the City shall call upon the bond, or letter of credit or cash deposit or other financial security, to finance any cost or expenses resulting from said failure. If the amount of the deposit, letter of credit or bond or other financial security exceeds the cost and expense incurred by completing the improvements, the City shall release the remainder. If the amount of the deposit, letter of credit or bond or other financial security is less than the cost and expense incurred by the City for the improvements and repairs, the developer shall be liable to the City for the difference.

K.    Warranty Bond. Prior to final plat approval, 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 a one-year warranty period beginning on the date of 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 12 percent of the value of the improvements as determined by the City. The warranty bond shall be effective for no less than 18 months. [Ord. NS-2251, 2015; Ord. NS-2150, 2010; Ord. NS-2068, 2007; Ord. NS-2016, 2006]

4.3.500 Replats.

A.    Applicability.

1.    A replat is the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in a subdivision.

2.    The relocation of a common boundary line between two lots/parcels within a recorded subdivision or partition shall not be considered a replat. A property line adjustment may occur in a platted subdivision or partition as provided for in BDC 4.3.600.

B.    Replat Process.

1.    A replat tentative plan and plat shall comply with the land division process specified in BDC 4.3.300 and 4.3.400 with the following exceptions:

a.    The word “Replat” shall be shown in the title block;

b.    The name or reference number of the previous plat and any additional recording information shall be retained in the title of the replat;

c.    Blocks, lots/parcels and portions thereof which are being replatted shall be identified where applicable; and

d.    Original plat information being deleted, abandoned or changed by the replat shall be shown lightly sketched or dotted on the drawing with a note of explanation. [Ord. NS-2150, 2010; Ord. NS-2016, 2006]

4.3.600 Property Line Adjustments.

A.    Applicability.

1.    The relocation or elimination of a common property line between abutting properties may be granted in accordance with the provisions of this section. The property line adjustment provisions of this section shall not apply to:

a.    A property line adjustment that affects more than two abutting units of land.

b.    A property line adjustment that adjusts a property which was approved and/or created as open space, common area, private park, private road, or other unit of land specifically required and/or designated by a previous land use approval.

B.    Filing Procedures and Requirements.

1.    Property line adjustments shall be processed as Type I applications in accordance with BDC 4.1.300.

2.    Any person proposing a property line adjustment shall prepare and submit an application in accordance with the prescribed procedures and the appropriate filing fee, to the Planning Division.

3.    An application for a property line adjustment shall be accompanied by the following materials:

a.    A scale drawing prepared by a licensed surveyor or engineer showing the existing property lines, the proposed property lines, existing water, sewer and utility lines, and the footprint of all existing structures with setbacks to the existing and proposed property lines noted.

b.    Legal descriptions for the existing properties and for the properties as adjusted.

c.    A copy of the deed or other recorded instrument that signifies ownership of the affected properties.

d.    If the properties are not served by the City sewer system, provide documentation from the County Environmental Health Division which indicates that the proposed adjustment will be in compliance with all applicable requirements for sanitary septic systems when such systems exist on the properties affected by the adjustment.

C.    Criteria for Tentative Approval.

1.    No application for property line adjustment shall be approved unless the following criteria are met:

a.    The adjustment does not result in property sizes that are less than those established by the underlying zoning designation.

b.    Nonconforming properties that are less than the minimum size established for the zone shall not be further reduced in size.

c.    Existing structures shall not be made nonconforming with regard to setbacks, lot coverage or other requirements of the underlying zone, or this code.

d.    Existing water and sewer service lines to the adjusted lots or parcels shall be in conformance with current City standards or shall be constructed to conform with current City standards.

e.    The applicant has submitted documentation from the Deschutes County Environmental Health Division that any existing sanitary septic systems on the adjusted properties meet all requirements of the County Environmental Health Division.

D.    Requirements for Final Approval.

1.    In order to obtain final approval of a property line adjustment, the following requirements shall be completed within one year of the tentative approval:

a.    New deeds or other instrument conveying ownership containing the legal descriptions for the adjusted properties shall be recorded with the County Clerk, if applicable.

b.    A survey drawing containing the stamp and signature of a licensed surveyor shall be recorded with the County Surveyor.

c.    Verification of acceptance of water and sewer line construction to the adjusted properties by the City Engineering Division if applicable. [Ord. NS-2150, 2010; Ord. NS-2068, 2007; Ord. NS-2016, 2006]

4.3.700 Infill Development Options.

Small vacant or underdeveloped properties overlooked by traditional development patterns can become economically viable development. Some lots in existing residential areas may have standard widths but may be unusually deep compared to other properties in the area. Essentially unused space at the back of a lot may provide room for one or more lots for infill housing. Infill development, as defined in BDC Chapter 1.2, Definitions, may be developed as “flag lots,” “mid-block developments,” “T-courts,” or “shared courts,” in compliance with the following:

A.    Mid-Block Development. Lots may be developed without frontage onto a public street when lot access is provided by mid-block lanes, as shown in Figure 4.3.700.A. Mid-block lanes are public right-of-way or private access ways and utility easements that provide an opportunity for the redevelopment of underutilized and oversized residential lots. Mid-block lanes must be required when existing lot depths are 150 feet or greater and the surrounding pattern of development will facilitate mid-block lane development. Lots with a depth less than 150 feet may develop using flag lots.

Figure 4.3.700.A

Mid-Block Infill

1.    Eligibility for Mid-Block Lanes. To determine if an existing area is eligible for mid-block lane development, the following criteria must be met before applying the mid-block lane standards:

a.    Minimum lot area: twice that required by the underlying zone.

b.    Minimum lot width: 20 feet wider than the width required by the underlying zone.

c.    Minimum lot depth: 150 feet.

d.    Maximum lot size: 10 acres including adjacent properties under common ownership.

2.    Driveway and Lane Width. For the purpose of this code, a shared driveway is defined as an access driveway providing access from a local public street to no more than four dwelling units including accessory dwellings. The minimum width of all shared driveways must be 20 feet. For the purpose of this code the definition of a shared lane or mid-block lane is a narrow private or public street providing lot frontage and access for rear lot development. The minimum improved width of a mid-block lane must be 28 feet. The minimum shared driveway and lane widths shall be observed except as required by the Uniform Fire Code or by the City Standards and Specifications when public utilities are present.

3.    Dedication of Shared Driveways and Mid-Block Lanes. The shared driveways and mid-block lanes must meet the standards for private streets, per BDC Chapter 3.4, Public Improvement Standards. The property owner must record a public access easement, a minimum of 20 feet in width for a shared driveway and 28 feet in width for a mid-block lane. Where the shared driveway or mid-block lane is shared across a property line, a portion of the easement (i.e., 10 to 14 feet) from each property sharing a shared driveway or mid-block lane for vehicle access similar to an alley must be granted. Dedication, as applicable, must be so indicated on the face of the subdivision or partition plat.

4.    Maximum Shared Driveway and Mid-Block Lane Length. The maximum shared driveway length is subject to requirements of the Uniform Fire Code, but must not exceed 150 feet, without connecting to a mid-block lane. The length of a mid-block lane must not exceed 600 feet between intersections of a public street. The mid-block lane and shared driveway access must be constructed to meet Oregon Fire Code and Fire Department emergency access standards and required turning radius for emergency vehicles.

5.    Future Street Plans. Building placement and alignment of shared driveways and lanes must be designed so that future street connections can be made as surrounding properties develop.

6.    Lot Development. Residential lots created by mid-block lane development must be subject to floor area ratio (FAR) in conformance with BDC 2.1.400.

7.    Mid-block lanes do not satisfy the standards of BDC 3.1.200(D), Street Connectivity and Formation of Blocks.

B.    Flag Lots.

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

2.    Development Standards. Flag lots must comply with the following standards:

a.    The minimum lot frontage and pole for a flag lot must be 15 feet.

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

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

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

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

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

g.    The lot lines in the flag portion are either side or rear lot lines.

Figure 4.3.700.B

C.    T-Courts. T-courts are intended to facilitate infill development and redevelopment of properties when no other development alternative exists. In addition, T-court development must comply with the following development standards:

1.    T-courts must be private streets. Minimum access way width must be 40 feet and must be recorded as an easement or a tract. The access width must include public or private utility easements as needed.

2.    Minimum pavement width must be 24 feet.

3.    The maximum length of the T-court is 150 feet from the property line of the private tract or easement to the end of the T- court.

4.    No parking is allowed within the T-court. “No Parking” signs are required and must be maintained.

5.    A pedestrian pathway must be provided at the “T” to abutting streets or where appropriate to connect to adjoining development. If the pedestrian pathway connects to abutting streets, a public access easement must be recorded on the property.

6.    The “T” Court must only provide access to lots and parcels that have frontage on the “T” Court.

7.     Residential lots and parcels created by “T-court” development are subject to floor area ratio (FAR) in conformance with BDC 2.1.400.

Figure 4.3.700.C

D.    Shared Courts. Shared courts must comply with the following standards:

1.    Applicability. Shared courts are permitted in RM and RH Zoning Districts and in the Mixed-Use Zoning Districts where standalone residential uses are permitted in Table 2.3.200, Permitted and Conditional Uses. Where the regulations of this section are not specific, the standards of the relevant zoning district prevail.

2.    Permitted and Conditional Uses.

a.    RM and RH Zoning Districts. Residential uses listed in Table 2.1.200, Permitted and Conditional Uses, in compliance with the corresponding zoning district.

b.    Mixed-Use Zoning Districts. Standalone residential uses permitted in Table 2.3.200, Permitted and Conditional Uses, in compliance with the corresponding zoning district.

3.    Development Site.

a.    Must not exceed 1.1 acres.

b.    Must comply with the minimum frontage requirements of the underlying zone.

4.    Shared Court Lots and Parcels.

a.    No minimum lot size.

b.    The private access drive provides frontage for the interior lots or parcels. Property lines abutting the private access drive are considered front property lines.

c.    The setbacks of the underlying zoning district apply except the following front setbacks apply to property lines abutting the private access drive:

i.    The minimum front setback is five feet for enclosed livable spaces.

ii.    Garage entrances accessing the private access drive must be set back at five feet from the edge of the property line, or set back a minimum of 20 feet from the property line. If the garage entrance is set back five feet from the property line, it may not be located closer to the front property line than the enclosed livable space of the dwelling unit. See Figure 4.3.700.D.

5.    Private Access Drive.

a.    Vehicular access must be from the private access drive. For purposes of this subsection, a private access drive provides vehicular access to dwelling units and off-street parking areas within the shared court and is not a street or road. The access must not extend to abutting properties.

b.    Minimum access width and pavement width must be 24 feet, unless the Oregon Fire Code requires wider widths (i.e., aerial access and fire hydrant placement) and must be recorded as a tract.

c.    For private access drives that dead end, the maximum length permitted is 150 feet from the nearest curb or edge of pavement to the end of the shared court.

d.    Except for corner development sites, private access drives must not allow through movement of vehicles to different streets unless allowed by the City Engineer, which may impose additional conditions of approval or design requirements.

e.    A pedestrian pathway must be provided at the end of the private access drive when it would connect to abutting streets or where appropriate to other developments. If the pedestrian pathway connects to abutting streets, a public access easement must be recorded on the property.

6.    Public Utility Easement.

a.    A minimum three-foot-wide public utility easement must be provided on each side of the private access drive when public utilities are proposed to serve the lots. The City Engineer may require wider utility easements.

7.    City of Bend Water and Sewer Utilities. Conformance is achieved when one of the following options is met:

a.    Utilities are located in the private access drive and include a public sewer main and private water laterals; or

b.    Utilities are located in the private access drive and all utilities are public.

c.    All public mains must be within a public utility easement in conformance with the City of Bend Standards and Specifications.

8.    Off-Street Parking.

a.    Dwelling Units: See Table 3.3.300, Required Off-Street Vehicle Parking Spaces. Required parking spaces may be provided in tandem on a driveway.

b.    Guest parking: 0.25 spaces per dwelling unit. Where a fractional number of spaces results, the required number of spaces must be rounded down to the nearest whole number.

c.    No parking is allowed within the private access drive. “No Parking” signs are required and must be maintained.

d.    Common off-street parking, including guest parking, may abut the private access drive when located outside of the minimum required dimensions of the private access drive. The off-street parking must be located in a common tract and the homeowners’ association must be responsible for enforcing this requirement.

e.    Parking is prohibited between the street and the dwelling units.

9.    Design Standards.

a.    Front Door.

i.    Dwelling units that abut a street must have the front door entrance oriented toward the street frontage. A three-foot or wider path that is physically separated from the private access drive must be provided from the sidewalk to the front door.

ii.    Dwelling units that are on the interior of the shared court development must have the front door entrance oriented toward the private access drive or open to a porch covered by either a roof or living space. A covered walkway or breezeway is not a porch. If the main entrance is from a covered porch, the covered porch must:

(A)    Meet a minimum area of 20 square feet;

(B)    Meet a minimum depth of four feet; and

(C)    Have an entry that faces the private access drive.

b.    Attached dwelling units abutting a street must include offsets along the street at least every 30 feet for each story. Offsets must step an enclosed building wall back or forward at least two feet and the offset must be a minimum width of four feet.

10.    BDC 3.6.200(D) does not apply to shared court developments.

11.    Trash Receptacles. Each dwelling unit must provide an enclosure area for trash and recycling or a common receptacle area must be provided. The trash receptacle area may be located in a garage; provided, that it does not interfere with required vehicle parking (nine feet by 20 feet). A common receptacle must not be located within setbacks from property lines shared with existing residential developments and must be screened on at least three sides with a solid fence or wall of not less than six feet in height. Receptacles must be located for easy access by trash pick-up vehicles.

12.    Covenants, Conditions and Restrictions. Subsequent to final plat approval but prior to issuance of a building permit for any structure in a shared court development, a set of conditions, covenants and restrictions (CC&Rs) for the development must be reviewed and, if approved by the City, recorded with Deschutes County. The CC&Rs run with the land and may be removed or modified only upon approval of the City of Bend. The CC&Rs must create a homeowners’ association that will provide for maintenance of all common areas including the private access drive and common off-street parking areas in the development.

Figure 4.3.700.D (Conceptual)

[Ord. NS-2353, 2019; Ord. NS-2289, 2017; Ord. NS-2016, 2006. Formerly 4.5.200]