Chapter 4.5
MASTER PLANNING AND DEVELOPMENT ALTERNATIVES

Sections:

4.5.100    Master Plan General Provisions.

4.5.200    Community Master Plan.

4.5.300    Institutional Master Plan.

4.5.400    Employment Master Plans.

4.5.500    Cottage Housing Development.

Prior legislation: Ords. NS-2016, NS-2229, NS-2263 and NS-2271.

4.5.100 Master Plan General Provisions.

A.    Purpose. The purpose of the community master plan, institutional master plan and employment master plan is to promote and facilitate coordinated development. Master plans provide a process to consider future development on larger sites and to analyze future demand on public facilities. Master plans provide an opportunity for innovative and creative development while providing long-term predictability for the applicants, surrounding neighborhoods, and the entire community.

B.    Applicable Standards and Criteria. There are three categories of master plans (community master plan, institutional master plan, and employment master plan) each with a distinct set of standards and criteria. The determination of master plan category will be made by the City based on the most prominent use(s) proposed by the master plan or development proposal. Each master plan or development proposal must only fall into one master plan category and only the standards and criteria applicable to the category of master plan determined by the City are applicable to a proposed master plan or development proposal.

C.    Uses. The uses are the same as those permitted within the zoning district except as follows:

1.    Density transfers may be permitted as part of a major community master plan 20 acres or larger, or as part of a major employment or major institutional master plan in an opportunity area that is 20 acres or larger; however, the density must comply with the density standards in BDC 4.5.200(E)(3);

2.    Uses not permitted in the zoning district may be allowed when consistent with the Bend Comprehensive Plan designation’s characteristics; and

3.    Private recreational facilities and private open space areas in compliance with BDC 4.5.200(E)(4) are permitted as part of a community master plan.

D.    Consistency with ORS 227.178. A major master plan is an amendment to an acknowledged Comprehensive Plan and/or land use regulation and is therefore not subject to the 120-day review period under ORS 227.178. The City will use all reasonable resources to render a final decision on all major master plans within 180 days of receiving a complete application. Approval or denial of the major master plan application will be based on the standards and criteria at the time the major master plan was first submitted to the City.

E.    Submittal Requirements. The following information must be submitted as deemed applicable by the Development Services Director based on the size, scale, and complexity of the master plan:

1.    Existing Conditions Submittal Requirements.

a.    Narrative statement that describes the following:

i.    Current uses.

ii.    Site description, including the following items. May also reference submitted maps, diagrams or photographs.

(A)    Physical characteristics;

(B)    Building inventory including size and height;

(C)    Vehicle/bicycle parking, and loading areas;

(D)    Landscaping/usable open space; and

(E)    Lot coverage.

iii.    Infrastructure facilities and capacity, including the following items:

(A)    Water;

(B)    Sanitary sewer;

(C)    Stormwater management; and

(D)    Easements.

b.    Existing Site Conditions Map.

i.    The existing site conditions map must include the following information on site and within 150 feet of the proposed master plan (as applicable):

(A)    The applicant’s entire property and the surrounding property. The property boundaries, dimensions and gross area must be identified. Existing aerial photos may be used;

(B)    Ownership of master plan area and ownership of all property within 150 feet of the proposed master plan;

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

(D)    The location, names, and widths of existing public and private streets, alleys, drives, sidewalks, bike lanes, multi-use paths, transit routes and facilities, rights-of-way, and easements. Existing aerial photos may be used;

(E)    The location of existing irrigation canals and ditches, pipelines, drainage ways, waterways, railroads, and any natural features such as rock outcroppings, wooded areas, and natural hazards. Existing aerial photos may be used;

(F)    The location of existing sanitary and storm sewer lines, water mains, septic facilities, culverts, and other underground and overhead utilities;

(G)    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;

(H)    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; and

(I)    Locally or federally designated historic and cultural resources on the site and the adjacent parcels.

ii.    The existing site conditions map must include the following information on site:

(A)    The location of existing structures, parking, loading and service areas, and pavement. Existing aerial photos may be used; and

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

iii.    Date, north arrow, scale, names, and addresses of all persons listed as owners on the most recently recorded deed.

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

2.    Proposed Master Plan Submittal Requirements.

a.    Narrative that describes the following:

i.    Development boundary subject to proposed master plan. May also reference submitted maps or diagrams;

ii.    Project description;

iii.    Description, approximate location, and approximate timing of each proposed phase of development. The phasing plan may be tied to necessary infrastructure improvements. May also reference submitted maps or diagrams;

iv.    How the proposed water, sewer, and street system will serve the size and type of development and uses planned for this area;

v.    How the location and sizing of water and sewer facilities on site will be consistent with existing and planned facilities;

vi.    How water flow volumes will be provided to meet fire flow and domestic demands;

vii.    The function and location of any private utility system;

viii.    Compliance with the applicable approval criteria set forth at BDC 4.5.200, Community Master Plan, BDC 4.5.300, Institutional Master Plan, and BDC 4.5.400, Employment Master Plans;

ix.    Types of residential uses and planned densities; and

x.    Bend Comprehensive Plan Map compliance analysis which explains how plan designation acreages in the Bend Comprehensive Plan Map designations for the subject site or sites, including minimum and maximum residential density ranges, are implemented by the master plan, including rearranging the plan designations and/or zoning that retains the same total area of all plan designations on the subject site or within one percent of the same total acres. All other changes must be processed concurrently as a Comprehensive Plan amendment and zone change.

b.    Scaled maps or diagrams that include the following information (as applicable):

i.    Development boundary;

ii.    Phasing plan;

iii.    Conceptual site plan including the following:

(A)    General land uses;

(B)    Approximate building envelopes and square footage;

(C)    Vehicle, biking, and walking circulation system, including cross-sections, and where these facilities will connect with the existing and planned system;

(D)    General location and size of areas to be conveyed for public use (e.g., schools, recreational areas, parks, fire stations, and other public uses) in accordance with the City of Bend, the Bend Parks and Recreation District Parks, Recreation, and Green Spaces Comprehensive Plan, and the School Facility Plan, latest editions, and other open space areas as required by this chapter;

(E)    Transit routes and facilities;

(F)    Parking, loading, and service areas including loading and service areas for waste disposal;

(G)    North arrow and scale; and

(H)    Other information necessary to show how the conceptual site plan meets applicable criteria;

iv.    Water and sewer facilities to serve the master plan area, including line sizes, general location of routes, and how the lines will tie into adjacent areas and facilities;

v.    General location of streets and water and sewer lines illustrated on abutting vacant land and developable land and all contiguous property under common ownership. This illustration is not binding on the abutting properties;

vi.    Grading concept plan (for hillside or sloping properties, or where extensive grading is anticipated);

vii.    Landscape concept plan and tree preservation plan in accordance with BDC Chapter 3.2, Landscaping, Street Trees, Fences and Walls;

viii.    Architectural concept plan (e.g., information sufficient to describe architectural styles, building heights, and general materials); and

ix.    Sign concept plan (e.g., locations, general size, style, and materials of signs).

c.    Draft Development Code text, figures, and tables, in a format prescribed by the City, which propose changes to the development standards and zoning district requirements intended to implement the major master plan. The draft text, figures, and tables must also include any proposed districts, street layouts, and cross-sections that vary from standards.

d.    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 master plan, and provided the District an opportunity to review the design for options to enhance existing parks and trails, and develop new parks and trails.

e.    A letter or other written documentation from the Bend-La Pine School District which indicates that the applicant has met with the District to discuss the proposed master plan, and provided the District an opportunity to review the master plan area for compliance with the School Facility Plan, latest edition.

f.    Transportation analysis in compliance with BDC Chapter 4.7, Transportation Analysis.

g.    Institutional and employment master plans must submit a transportation and parking demand management (TPDM) plan in compliance with BDC Chapter 4.8, Transportation and Parking Demand Management (TPDM) Plan.

h.    Water and sewer capacity analysis.

i.    Information required by BDC 2.7.600, Water Overlay Zone (WOZ), BDC 2.7.700, Upland Areas of Special Interest Overly Zone, BDC 3.5.200, Outdoor Lighting Standards, and/or BC Chapter 5.50, Noise, as applicable.

j.    Copies of all existing covenants and restrictions, and general description of proposed restrictions or covenants (e.g., for common areas, access, parking, etc.).

k.    A title report prepared within the previous 90 days.

F.    Modifications to Approved Master Plans, PUDs and Special Planned Districts.

1.    The following modifications to a master plan, PUD or special planned district may be approved with a land division or with an application in compliance with BDC Chapter 4.2, Minimum Development Standards Review, Site Plan Review, and Design Review, unless the Development Services Director elevates the application to the Planning Commission for hearing as a Type III application.

a.    Increase or decrease of residential densities relative to that approved in the master plan by no more than 15 percent, when such change conforms to the Bend Comprehensive Plan and its density ranges. In no case shall the density fall below the minimum density established in BDC 4.5.200(E)(3)(b). Master plans 20 acres or larger must comply with the density standards of BDC 4.5.200(E)(3);

b.    A reduction to the amount of open space or landscaping relative to that approved in the master plan by no more than 10 percent, when such change complies with the master plan’s minimum open space requirements;

c.    An increase in lot coverage by buildings relative to that approved in the master plan by no more than 15 percent of the approved lot coverage (e.g., approved lot coverage of 40 percent may increase to 46 percent);

d.    Any changes in the amount of parking relative to that approved in the master plan by no more than 15 percent. A proposed modification that is part of an approved TPDM plan must comply with BDC Chapter 4.8, Transportation and Parking Demand Management (TPDM) Plan;

e.    A change in the location or alignment for proposed streets, parking lot configuration, utility easements, landscaping or other site improvements as long as the change is in substantial conformance with the approved master plan; and

f.    Increase or decrease in the size and/or height of a building relative to that approved in the master plan by no more than 10 percent.

2.    In no case will a modification under subsections (F)(1)(a) through (f) of this section be approved that causes a minor master plan that was approved without any deviations to this code to fail to meet a minimum or maximum standard as set in this code.

3.    All other changes require a modification in conformance with BDC 4.1.1325, Modification of Approval. [Ord. NS-2303, 2018; Ord. NS-2289, 2017]

4.5.200 Community Master Plan.

A.    Purpose. The community master plan is intended to provide complete neighborhoods with varied housing options, services, and amenities needed for daily living, including public schools, parks and open spaces, shops, and services, all within a convenient walking or biking distance. The community master plan is also intended to provide convenient access to public transportation and employment areas.

B.    Applicability.

1.    Community master plans in conformance with this section may be submitted for any property or combination of properties three acres or larger in size.

2.    Community master plans are required for any property or combination of adjacent properties under common ownership totaling 20 acres or larger at the date of adoption of this code, unless exempted below.

a.    Exemptions.

i.    When a property is 40 acres or larger and is part of a proposed land division or property line adjustment application where all the proposed lots/parcels will be 20 acres or larger, a community master plan will not be required until further development is proposed for the newly created lots/parcels; however, lots or parcels smaller than 20 acres may be created and developed prior to an approved community master plan application if they are intended for schools and/or parks.

ii.    When a property is 20 acres or larger and a majority of it includes an existing development (e.g., golf course), a community master plan will not be required unless there are two land division applications submitted of the parent property within a five-year period. A community master plan will be required to be processed prior to submitting the second land division application during the five-year period.

iii.    The City determines that the master plan category is an institutional master plan or employment master plan.

iv.    The property is part of a special planned district in BDC Chapter 2.7, Special Planned Districts.

v.    The property is part of a master plan or planned unit development approved prior to April 14, 2017, and remains in effect or has initiated the use according to BDC 4.1.1315.

C.    Review Process.

1.    Needed Housing. If the community master plan includes needed housing as defined by State statutes, the written narrative submitted with the community master plan application must clearly state whether the applicant is electing to use a process with clear and objective standards (minor master plan) or is electing to use a deviation process with changes proposed to one or more of the Bend Development Code standards and/or zoning district requirements and/or with changes proposed to the Bend Comprehensive Plan Map designations and/or zoning (major master plan).

2.    Minor Community Master Plans. Minor community master plans are processed as follows:

a.    Step 1. The approval of a minor community master plan (Type II process).

b.    Step 2. Upon approval of the minor community master plan, and prior to the commencement of Step 3, the applicant must submit a final minor community master plan to the City in an electronic format specified by the City. The final minor community master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision. The minor community master plan denotation for the subject site will be shown on the Zoning Map. The denotation on the Zoning Map may be added or removed administratively by staff upon approval or withdrawal of the minor community master plan.

c.    Step 3. The approval of a land division(s) and/or Site Plan Review application(s) (Type II process).

3.    Major Community Master Plans. Major community master plans are processed as follows:

a.    Step 1. The Planning Commission makes a recommendation to the City Council on an application for a major community master plan. The text of a major community master plan must be included in BDC Chapter 2.7, Special Planned Districts, in compliance with BDC Chapter 4.6, Land Use District Map and Text Amendments. The City Council is the final review authority on such applications (Type III process).

b.    Step 2. Upon approval of the major community master plan, and prior to the commencement of Step 3, the applicant must submit a final major community master plan to the City in an electronic format specified by the City. The final major community master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision. The major community master plan denotation for the subject site will be shown on the Zoning Map. The denotation on the Zoning Map may be added or removed administratively by staff upon approval or withdrawal of the major community master plan.

c.    Step 3. The approval of a land division(s) and/or site plan review application(s) (Type II process).

D.    Community Master Plan Approval Criteria.

1.    Minor or Major Community Master Plan. The City may approve, approve with conditions, or deny a proposed minor or major community master plan application based on meeting all of the following criteria:

a.    The community master plan complies with subsection (E) of this section, Standards and Regulations.

b.    Existing water and sewer facilities have adequate capacity to serve the proposed development in compliance with the Collection Systems Master Plan and the Water System Master Plan, latest editions, or adequate facilities will be installed prior to occupancy or use.

c.    The community master plan complies with BDC Chapter 4.7, Transportation Analysis.

2.    Minor Community Master Plan. In addition to the approval criteria in subsection (D)(1) of this section the City may approve, approve with conditions, or deny a proposed minor community master plan application based on meeting all of the following criteria:

a.    The community master plan land uses and densities are consistent with the Bend Comprehensive Plan Map designations.

b.    The applicant has demonstrated how the standards and regulations contained in BDC Title 2, Land Use Districts, and BDC Title 3, Design Standards, can be met through future site plan review or land division applications.

3.    Major Community Master Plan. In addition to the approval criteria in subsection (D)(1) of this section the City may approve, approve with conditions, or deny a proposed major community master plan application based on meeting all of the following criteria:

a.    The community master plan land uses and densities must be consistent with the Bend Comprehensive Plan Map designations. If rearranging the plan designation locations and/or zoning is proposed as part of the master plan application, the master plan must retain the same total area of all plan designations on the subject site or within one percent of the same total acreage and maintain the density/housing numbers consistent with the allocations prescribed by the existing plan designations except as provided in subsection (E)(3) of this section.

b.    The applicant has demonstrated that the standards and zoning district requirements contained in BDC Title 2, Land Use Districts, and BDC Title 3, Design Standards, are capable of being met during site plan or land division review, except as proposed to be modified by the applicant as part of a major community master plan. Where the applicant has proposed deviations to the above standards and/or zoning district requirements, the applicant has demonstrated:

i.    That granting a deviation to the BDC standards and/or zoning district requirements will equally or better meet the purpose of the regulation proposed to be modified; or

ii.    That granting a deviation to the BDC standards and/or zoning district requirements is necessary due to topographical constraints or other unique characteristics of the property or specific development type proposed by the master plan; and

iii.    That any impacts resulting from the deviation are mitigated to the extent reasonably practical.

c.    In lieu of the approval criteria in BDC 4.6.300, Quasi-Judicial Amendments, major community master plan applications that do not propose a Bend Comprehensive Plan amendment must demonstrate compliance with the following:

i.    Approval of the request is consistent with the relevant Statewide planning goals that are designated by the Planning Director or designee; and

ii.    Approval of the request is consistent with only the relevant policies of the Bend Comprehensive Plan Chapter 11, Growth Management, that are designated by the Planning Director or designee.

d.    If the major community master plan proposal contains a zone change request to bring the zoning into compliance with the Bend Comprehensive Plan designation, the zone change is subject to the approval criteria of BDC 4.6.300(C).

e.    If the major community master plan proposal contains a proposed amendment to the Bend Comprehensive Plan Map or text, the amendment is subject to the approval criteria of BDC 4.6.300(B).

E.    Standards and Regulations. Minor and major community master plans must comply with the following standards:

1.    Access to Commercial Goods and Services. Access to commercial goods and services must be provided in compliance with the following standards:

a.    The community master plan must have access to commercial goods and services by walking or biking a distance not greater than a one-half mile radius measured from all points along the perimeter of the master plan boundary to any land planned, zoned or developed for one or more such services. Such commercial uses may be provided within nearby neighborhoods or nonresidential districts as long as the minimum distance standard is met. In satisfying such distance standard, commercial goods and services that are not accessible by walking or biking because of physical or geographic barriers (e.g., rivers, Bend Parkway, canals, and railways) may not be used. Except for minor community master plans that are proposing needed housing as defined by state statutes, the Review Authority may find that this provision is met when the commercial uses are located further away than one-half mile but the purpose and intent of providing reasonable access to the commercial uses has been met.

2.    Multimodal Connections. Multimodal connections must be provided on site in compliance with the Bend Urban Area Transportation System Plan (TSP) and the Bend Parks and Recreation District Parks, Recreation, and Green Spaces Comprehensive Plan, latest editions, and the existing and planned trail systems adjacent to the community master plan must be continued through the entire community master plan.

3.    Housing Density and Mix. Community master plans 20 acres or larger must provide a mix of housing types and achieve minimum housing densities in conformance with the standards of subsections (E)(3)(a) and (b) of this section. To the extent that the Bend Comprehensive Plan Chapter 11, Growth Management, proposes a different mix of housing and/or density standards in the specific expansion area policies, then those policies apply.

a.    Density Calculations and Exceptions. Minimum and maximum densities must be calculated in conformance with BDC 2.1.600(C), except as follows:

i.    Public and Institutional Uses and Miscellaneous Uses in Opportunity Areas. In opportunity areas as shown in the Bend Comprehensive Plan Figure 11-1, a maximum of 20 acres of residential designated land proposed for public and institutional uses and miscellaneous uses (BDC Table 2.1.200) may be excluded from the density calculation and housing mix. The density for the 20 acres must be taken from the residential designation with the lowest maximum density standard in the opportunity area. The master plan must provide the density and housing mix for the residential designated property in excess of 20 acres. No more than 20 acres may be exempted from the density and housing mix in an opportunity area;

ii.    Open Space. Open space in compliance with subsection (E)(4) of this section may be excluded from the applicable density calculation; and

iii.    Comprehensive Plan Designations. Land designated as Commercial, Mixed-Use, Industrial and Public Facilities may be excluded from the applicable density calculation.

b.    Minimum standards are as follows:

i.    RL Comprehensive Plan Designation. At least 50 percent of the maximum gross density of the RL Comprehensive Plan designation, with two- and three-family housing, attached single-family townhomes and/or multifamily residential housing units comprising at least 10 percent of total housing units.

ii.    RS Comprehensive Plan Designation. At least 70 percent of the maximum gross density of the RS Comprehensive Plan designation, with two- and three-family housing, attached single-family townhomes, and/or multifamily residential housing units comprising at least 10 percent of total housing units.

iii.    RM Comprehensive Plan Designation. At least 60 percent of the maximum gross density of the RM Comprehensive Plan designation, with two- and three-family housing, attached single-family townhomes, and/or multifamily residential housing units comprising at least 67 percent of total housing units.

iv.    RH Comprehensive Plan Designation. The minimum density of the RH Comprehensive Plan designation applies. Single-family detached housing is not permitted in the RH Zone.

v.    Density and Housing Mix Transfers.

(A)    Density and housing mix transfers are permitted within the major community master plan boundary when the major master plan is 20 acres or larger; however, the density and housing mix standards of this section shall not be reduced through the major community master plan process.

(B)    Density and housing mix transfers are permitted for major master plans that are 20 acres or larger in an opportunity area as follows:

(1)    The density and housing mix required for RS, RM and RH plan designated areas may be transferred within the opportunity area; and

(2)    The density and housing mix required for RS plan designated areas may be transferred within a walking or biking distance not greater than one mile from the boundary of the opportunity area on existing travel routes (multimodal street or designated multi-use pathway) or any planned travel route shown within the Transportation System Plan. If the density and housing mix for the RS plan designation is transferred to a property not contemplated for residential development under the Comprehensive Plan (i.e., publicly owned properties with a residential plan designation that were not considered available for residential development under the Buildable Lands Inventory), then the receiving property need only provide the number of housing units transferred or the minimum RS density standards, whichever is greater.

(a)    As a condition to approval of any density and housing mix transfer to one or more receiving properties pursuant to this section, the owner(s) of the receiving property(ies) must enter into a written agreement in a form acceptable to the City that will be binding upon the parties to the agreement and all successors in interest and that will run with the land. The agreement must specify the number of dwelling units and housing mix for the RS plan designated areas to be transferred (the stated density may not exceed the maximum permitted density of the Comprehensive Plan designation of the receiving property(ies)). After endorsement of the agreement by the City, the fully executed agreement must be recorded in the Deschutes County Official Records. The agreement’s execution and recordation must take place prior to final master plan approval for the transferring property.

4.    The community master plan must contain a minimum of 10 percent of the gross area as public or private open space such as parks, pavilions, squares and plazas, multi-use paths within a minimum 20-foot wide corridor, areas of special interest, tree preservation areas, or public and private recreational facilities and must comply with the following:

a.    The open space area must be shown on the conceptual site plan and recorded with the final plat or separate instrument.

b.    The open space must be conveyed in accordance with one of the following methods:

i.    By dedication to the Park District or City as publicly owned and maintained open space. Open space proposed for dedication to the Park District or City must be acceptable with regard to the size, shape, location, improvement, environmental condition, and budgetary and maintenance abilities; or

ii.    By leasing or conveying title (including beneficial ownership) to a corporation, owners association or other legal entity. The terms of such lease or other instrument of conveyance must include provisions (e.g., maintenance, property tax payment, etc.) acceptable to the City. Private open space must be located in a tract and include an open space easement.

c.    Adequate guarantee must be provided to ensure permanent retention of common open space and recreation areas which may be required as conditions of approval.

F.    Duration of Approval.

1.    An approved community master plan will remain valid indefinitely unless withdrawn by all owner(s) of property within the community master plan. The City may deny withdrawal when a switch to otherwise applicable standards would not be in the public interest because of sufficient development under the community master plan. Standards and regulations identified in the approved community master plan will control all subsequent site development as long as the approved community master plan is valid. If alternative standards and regulations are not specifically identified in the approved community master plan, the applicable City standard at the time any development application is submitted will apply.

2.    The duration of approval for a community master plan must coincide with the timeline outlined in the approved phasing plan and in accordance with the time frames studied in the transportation analysis and water and sewer capacity analysis for the community master plan. Site plan review or land division applications submitted consistent with or earlier than as provided in an approved phasing plan will not require an updated transportation analysis and water and sewer capacity analysis as part of the development application. Infrastructure capacity may be reserved for the community master plan site for up to 15 years or as specified in an approved phasing plan.

3.    The time period set forth in this subsection (F) will be tolled upon filing of an appeal to LUBA and must not begin to run until the date that the appellate body has issued a final order. [Ord. NS-2289, 2017]

4.5.300 Institutional Master Plan.

A.    Purpose. The institutional master plan is intended to facilitate an efficient and flexible review process for development of institutions which control large areas of land within the City, contain a greater intensity of development than surrounding areas, are a source of substantial employment, and are usually located adjacent to residential neighborhoods. An institutional master plan is intended to permit flexibility, while providing a level of understanding by the community and neighboring properties about the future growth of the institution.

B.    Applicability.

1.    Institutional master plans in conformance with this section may be submitted for any property or combination of properties three acres or larger in size.

2.    Unless exempted below, institutional master plans in conformance with this section are required for any property or combination of adjacent properties under common ownership at the date of adoption of this code for the following:

a.    Institutions of higher education: 10 acres or larger.

b.    All other institutions: 20 acres or larger.

3.    Exemptions. Unless the applicant elects to apply for an institutional master plan, the following are exempt:

a.    The property is part of a special planned district in BDC Chapter 2.7, Special Planned Districts.

b.    Cemeteries and public maintenance facilities in existence prior to 2016.

c.    The City determines that the master plan category is a community master plan or employment master plan.

C.    Review Process.

1.    Minor Institutional Master Plans. Minor institutional master plans are processed as follows:

a.    Step 1. The approval of a minor institutional master plan (Type II process).

b.    Step 2. Upon approval of the minor institutional master plan, and prior to the commencement of Step 3, the applicant must submit a final minor institutional master plan to the City in an electronic format specified by the City. The final minor institutional master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision. The minor institutional master plan denotation for the subject site will be shown on the Zoning Map. The denotation on the Zoning Map may be added or removed administratively by staff upon approval or withdrawal of the minor institutional master plan.

c.    Step 3. The approval of a land division(s) and/or site plan review application(s) (Type II process).

2.    Major Institutional Master Plans. Major institutional master plans are processed as follows:

a.    Step 1. The Planning Commission makes a recommendation to the City Council on an application for a major institutional master plan. The text of a major institutional master plan must be included in BDC Chapter 2.7, Special Planned Districts, in compliance with BDC Chapter 4.6, Land Use District Map and Text Amendments. The City Council is the final review authority on such applications (Type III process).

b.    Step 2. Upon approval of the major institutional master plan, and prior to the commencement of Step 3, the applicant must submit a final major institutional master plan to the City in an electronic format specified by the City. The final major institutional master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision. The major institutional master plan denotation for the subject site will be shown on the Zoning Map. The denotation on the Zoning Map may be added or removed administratively by staff upon approval or withdrawal of the major institutional master plan.

c.    Step 3. The approval of a land division(s) and/or site plan review application(s) (Type II process).

D.    Submittal Requirements. In addition to the submittal requirements of BDC 4.5.100(E), the following information must be submitted as deemed applicable by the Development Services Director based on the size, scale, and complexity of the development:

1.    Narrative that defines and summarizes the organizational mission and objectives. The statement must describe the projective population that will be served by the institution including size and distinctive cohorts (e.g., faculty, staff, clients, patients, and students) and any anticipated changes in the size or composition of that population associated with different phases of development. It must also specify any services or facilities available to the general public.

2.    Summary of the facilities related to the proposed institutional master plan.

3.    Description of the following:

a.    General location of all existing and proposed uses and on-site circulation plans;

b.    Approximate floor area of proposed structures;

c.    Approximate height of proposed structures;

d.    Approximate number and general location of parking spaces on site and those off site in compliance with BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking, and BDC Chapter 4.8, Transportation and Parking Demand Management (TPDM) Plan;

e.    A description of on-site housing and any dedicated off-site housing facilities to be developed as part of the institutional master plan, including the total number of users that may be accommodated in such facilities; and

f.    Public safety.

4.    Design guidelines for new and renovated buildings and structures including materials, height, bulk, massing, and colors.

5.    Open space must be shown on the conceptual site plan and may include parks, pavilions, multi-use paths within a minimum 20-foot wide corridor, squares and plazas, areas of special interest, tree preservation areas, and recreational facilities.

E.    Approval Criteria. The City may approve, approve with conditions, or deny the proposed institutional master plan application based on meeting all of the following criteria:

1.    The proposed land uses within the institutional master plan must be consistent with the Bend Comprehensive Plan Map designations. If rearranging the plan designation locations and/or zoning are proposed as part of the major institutional master plan application, the major institutional master plan must retain the same total area of all plan designations on the subject site or within one percent of the same total acreage consistent with the allocations prescribed by the existing plan designations.

2.    The applicant has demonstrated that the standards and zoning district requirements contained in BDC Title 2, Land Use Districts, and BDC Title 3, Design Standards, are capable of being met during site plan or land division review, except as proposed to be modified by the applicant as part of a major institutional master plan. Where the applicant has proposed deviations to the above standards and/or zoning district requirements as part of a major institutional master plan, the applicant has demonstrated:

a.    That granting a deviation to the BDC standards and/or zoning district requirements will equally or better meet the purpose of the regulation proposed to be modified; or

b.    That granting a deviation to the BDC standards and/or zoning district requirements is necessary due to topographical constraints or other unique characteristics of the property or specific development type proposed by the master plan; and

c.    That any impacts resulting from the deviation are mitigated to the extent reasonably practical.

3.    The institutional master plan complies with BDC Chapter 4.7, Transportation Analysis, and meets all the approval criteria in BDC Chapter 4.8, Transportation and Parking Demand Management (TPDM) Plan.

4.    Existing water and sewer facilities have adequate capacity to serve the proposed development in compliance with the Collection Systems Master Plan and the Water System Master Plan, latest editions, or adequate facilities will be installed prior to occupancy or use.

5.    The institutional master plan provides multimodal connections on site in compliance with the Bend Urban Area Transportation System Plan (TSP) and the Bend Parks and Recreation District Parks, Recreation, and Green Spaces Comprehensive Plan, latest editions, and existing and planned trail systems adjacent to the institutional master plan are continued through the entire institutional master plan.

6.    The institutional master plan must provide and maintain a minimum of 10 percent of the gross area as open space in compliance with subsection (D)(5) of this section.

7.    The institutional master plan, when located in an opportunity area and includes residential designated land, complies with the density and housing mix in BDC 4.5.200(E)(3).

8.    In lieu of the approval criteria in BDC 4.6.300, Quasi-Judicial Amendments, major institutional master plan applications that do not propose a Bend Comprehensive Plan amendment must demonstrate compliance with the following:

a.    Approval of the request is consistent with the relevant Statewide planning goals that are designated by the Planning Director or designee; and

b.    Approval of the request is consistent with only the relevant policies of the Bend Comprehensive Plan Chapter 11, Growth Management, that are designated by the Planning Director or designee.

9.    If the major institutional master plan proposal contains a zone change request to bring the zoning into compliance with the Bend Comprehensive Plan designation, the zone change is subject to the approval criteria of BDC 4.6.300(C).

10.    If the major institutional master plan proposal contains a proposed amendment to the Bend Comprehensive Plan Map or text, the amendment is subject to the approval criteria of BDC 4.6.300(B).

F.    Periodic Institutional Master Plan Status Report. Every five years or sooner from the date of the institutional master plan approval, the institution must submit an update to the Planning Division. This update must provide a description of all projects that: (1) have been completed since the most recent update; (2) are ongoing, including a description of the status and estimated timetables for completion of such projects; (3) are scheduled to begin in the upcoming 24 months, including estimated timetables for the commencement, progress, and completion of such projects; and (4) are no longer being considered by the institution. In addition, the institution must submit an updated site plan. The update will be presented to the Planning Commission, but will not require a public hearing. The status report will no longer be required if the institutional master plan is built out and additional development is not contemplated.

G.    Duration of Approval.

1.    An approved institutional master plan will remain valid indefinitely unless withdrawn by all owner(s) of property within the institutional master plan. The City may deny withdrawal when a switch to otherwise applicable standards would not be in the public interest because of sufficient development under the institutional master plan. Standards and regulations identified in the approved institutional master plan will control all subsequent site development as long as the approved institutional master plan is valid. If alternative standards and regulations are not specifically identified in the approved institutional master plan, the applicable City standard at the time any development application is submitted will apply.

2.    The duration of approval for an institutional master plan must coincide with the timeline outlined in the approved phasing plan and in accordance with the time frames studied in the transportation analysis and water and sewer capacity analysis for the institutional master plan. Site plan review or land division applications submitted consistent with or earlier than as provided in an approved phasing plan will not require an updated transportation analysis and water and sewer capacity analysis as part of the development application. Infrastructure capacity may be reserved for the institutional master plan site for up to 15 years or as specified in an approved phasing plan.

3.    The time period set forth in this subsection (G) will be tolled upon filing of an appeal to LUBA and must not begin to run until the date that the appellate body has issued a final order. [Ord. NS-2289, 2017]

4.5.400 Employment Master Plans.

A.    Purpose. The employment master plan is intended to provide a method by which the City may permit a variety of commercial and/or industrial development types, designs or arrangements that may not be permissible under traditional zoning regulations yet still provide for the ability to plan for full build-out of large employment centers. The employment master plan will provide a mechanism to achieve development which will contribute to the diversification of the City’s economic base.

B.    Applicability.

1.    Employment master plans in conformance with this section may be submitted for any property or combination of properties three acres or larger in size.

2.    Employment master plans in conformance with this section are required for any property or combination of adjacent properties under common ownership totaling 20 acres or larger at the date of adoption of this code, unless exempted below.

3.    Exemptions. Unless the applicant elects to apply for an employment master plan, the following are exempt:

a.    The property is part of a special planned district in BDC Chapter 2.7, Special Planned Districts.

b.    The City determines that the master plan category is a community master plan or institutional master plan.

C.    Review Process.

1.    Minor Employment Master Plans. Minor employment master plans are processed as follows:

a.    Step 1. The approval of a minor employment master plan (Type II process).

b.    Step 2. Upon approval of the minor employment master plan, and prior to the commencement of Step 3, the applicant must submit a final minor employment master plan to the City in an electronic format specified by the City. The final minor employment master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision. The minor employment master plan denotation for the subject site will be shown on the Zoning Map. The denotation on the Zoning Map may be added or removed administratively by staff upon approval or withdrawal of the minor employment master plan.

c.    Step 3. The approval of a land division(s) and/or site plan review application(s) (Type II process).

2.    Major Employment Master Plans. Major employment master plans are processed as follows:

a.    Step 1. The Planning Commission makes a recommendation to the City Council on an application for major employment master plan. The text of a major employment master plan must be included in BDC Chapter 2.7, Special Planned Districts, in compliance with BDC Chapter 4.6, Land Use District Map and Text Amendments. The City Council is the final review authority on such applications (Type III process).

b.    Step 2. Upon approval of the major employment master plan, and prior to the commencement of Step 3, the applicant must submit a final major employment master plan to the City in an electronic format specified by the City. The final major employment master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision. The major employment master plan denotation for the subject site will be shown on the Zoning Map. The denotation on the Zoning Map may be added or removed administratively by staff upon approval or withdrawal of the major employment master plan.

c.    Step 3. The approval of a land division(s) and/or site plan review application(s) (Type II process).

D.    Approval Criteria. The City may approve, approve with conditions, or deny the proposed employment master plan application based on meeting all of the following criteria:

1.    The proposed land uses within the employment master plan must be consistent with the Bend Comprehensive Plan Map designations. If rearranging the plan designation locations and/or zoning are proposed as part of a major employment master plan application, the major employment master plan must retain the same total area of all plan designations on the subject site or within one percent of the same total acreage consistent with the allocations prescribed by the existing plan designations.

2.    The applicant has demonstrated that the standards and zoning district requirements contained in BDC Title 2, Land Use Districts, and BDC Title 3, Design Standards, are capable of being met during site plan or land division review, except as proposed to be modified by the applicant as part of a major employment master plan. Where the applicant has proposed deviations to the above standards and/or zoning district requirements as part of a major employment master plan, the applicant has demonstrated:

a.    That granting a deviation to the BDC standards and/or zoning district requirements will equally or better meet the purpose of the regulation proposed to be modified; or

b.    That granting a deviation to the BDC standards and/or zoning district requirements is necessary due to topographical constraints or other unique characteristics of the property or specific development type proposed by the master plan; and

c.    That any impacts resulting from the deviation are mitigated to the extent reasonably practical.

3.    Existing water and sewer facilities have adequate capacity to serve the proposed development in compliance with the Collection Systems Master Plan and the Water System Master Plan, latest editions, or adequate facilities will be installed prior to occupancy or use.

4.    The proposal complies with BDC Chapter 4.7, Transportation Analysis, and meets all the approval criteria in BDC Chapter 4.8, Transportation and Parking Demand Management (TPDM) Plan.

5.    The employment master plan provides multimodal connections on site in compliance with the Bend Urban Area Transportation System Plan (TSP) and the Bend Parks and Recreation District Parks, Recreation, and Green Spaces Comprehensive Plan, latest editions, and existing and planned trail systems adjacent to the employment master plan are continued through the entire employment master plan.

6.    The employment master plan, when located in an opportunity area and includes residential designated land, complies with the density and housing mix in BDC 4.5.200(E)(3).

7.    In lieu of the approval criteria in BDC 4.6.300, Quasi-Judicial Amendments, major employment master plan applications that do not propose a Bend Comprehensive Plan amendment must demonstrate compliance with the following:

a.    Approval of the request is consistent with the relevant Statewide planning goals that are designated by the Planning Director or designee; and

b.    Approval of the request is consistent with only the relevant policies of the Bend Comprehensive Plan Chapter 11, Growth Management, that are designated by the Planning Director or designee.

8.    If the major employment master plan proposal contains a zone change request to bring the zoning into compliance with the Bend Comprehensive Plan designation, the zone change is subject to the approval criteria of BDC 4.6.300(C).

9.    If the major employment master plan proposal contains a proposed amendment to the Bend Comprehensive Plan Map or text, the amendment is subject to the approval criteria of BDC 4.6.300(B).

E.    Duration of Approval.

1.    An approved employment master plan will remain valid indefinitely unless withdrawn by all owner(s) of property within the employment master plan. The City may deny withdrawal when a switch to otherwise applicable standards would not be in the public interest because of sufficient development under the employment master plan. Standards and regulations identified in the approved employment master plan will control all subsequent site development as long as the approved employment master plan is valid. If alternative standards and regulations are not specifically identified in the approved employment master plan, the applicable City standard at the time any development application is submitted will apply.

2.    The duration of approval for an employment master plan must coincide with the timeline outlined in the approved phasing plan and in accordance with the time frames studied in the transportation analysis and water and sewer capacity analysis for the employment master plan. Site plan review or land division applications submitted consistent with or earlier than as provided in an approved phasing plan will not require an updated transportation analysis and water and sewer capacity analysis as part of the development application. Infrastructure capacity may be reserved for the employment master plan site for up to 15 years or as specified in an approved phasing plan.

3.    The time period set forth in this subsection (E) will be tolled upon filing of an appeal to LUBA and must not begin to run until the date that the appellate body has issued a final order. [Ord. NS-2289, 2017]

4.5.500 Cottage Housing Development.

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

1.    Provide a housing type that responds to differing household sizes and ages (e.g., retirees, small families, single-person households), and offers opportunities for affordability;

2.    Provide opportunities for small, single-family dwellings in several residential zoning districts by creating special land division and on-site development regulations that allow this type of use;

3.    Encourage creation of usable open space for residents of the development through flexibility in density and development standards;

4.    Support growth management through efficient use of urban residential land; and

5.    Provide regulations to ensure compatibility with surrounding uses.

B.    Applicability. Cottage housing developments are allowed in the following districts: Standard Density Residential (RS), Medium Density Residential (RM) and Medium-10 Residential (RM-10). Where the regulations of this section are not specific, the standards of the relevant zoning district prevail.

The procedures and criteria of BDC Chapter 4.3 shall apply to cottage housing subdivisions. If a cottage housing development is proposed with multiple units on an individual lot, site plan and design review shall apply in accordance with the procedures of BDC Chapter 4.2. All cottage housing developments shall be reviewed through a Type II process.

C.    Density. For the purpose of this section, density is calculated as gross units per acre.

1.    Minimum Density. The minimum density for CHDs is as follows:

a.    RS and RM-10 Districts: four units per acre.

b.    RM District: 12 units per acre.

2.    Maximum Density. The maximum density shall not exceed that of the relevant zoning district.

3.    Exception to Density Maximums. When affordable housing is proposed the provisions of BDC 2.1.600(D) may be applied.

D.    Development Area. Cottage housing developments shall contain a minimum of four and a maximum of 12 cottages arranged in a cluster. A cottage housing development may contain more than one cluster.

E.    Existing Uses. On a site to be used for a CHD, existing detached single-family dwellings, which may become nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. The nonconforming dwelling units shall be included in the maximum permitted cottage density.

F.    Lot Coverage and Floor Area.

1.    There is no maximum lot coverage for cottage housing developments.

2.    There is no minimum lot size for cottage housing developments.

3.    The maximum floor area per dwelling unit without an attached garage is 1,100 square feet. A dwelling unit with an attached garage shall have a maximum floor area of 1,200 square feet including the garage. The maximum floor area is defined as the area included within the surrounding walls of a cottage building on all levels.

G.    Setbacks and Building Separation. Because CHDs are a unique type of development, setbacks are measured differently than for a traditional development. The exterior boundary of the CHD development area is considered to be the edge of the development area for the purposes of calculating perimeter setbacks from surrounding properties. For buildings on lots within the CHD, the separation between other on-site buildings are measured, not the distances to interior property lines, unless setbacks from property lines are necessary to meet the building code (interior setbacks).

1.    Exterior Setbacks. All buildings within a CHD shall be set back 10 feet from the exterior boundary of the CHD.

2.    Interior Building Separation. There shall be a minimum separation of six feet between the eaves of the cottages. On cottage sides with a main entrance, the minimum separation shall be 10 feet. Structures other than cottages shall meet minimum building code setback requirements.

H.    Required Common Open Space. Common open space is intended to be an amenity shared by all residents of the cottage housing development.

1.    Provide a centrally located open space area for the cottage housing development and have cottages abutting at least two sides.

2.    Contain a minimum of 400 square feet per cottage.

3.    At least 50 percent of the cottages shall abut a common open space.

4.    Each cottage shall be connected to the common by a pedestrian pathway.

5.    Areas such as utility vaults, exterior setbacks and common parking areas and driveways are not counted in the common open space requirements.

6.    Common open space may contain an ASI or drainage swale area, provided the area is usable open space.

7.    Required common open space shall be provided at ground level in a contiguous commonly owned tract with an easement indicating that it benefits all lots in the CHD.

8.    Common open space shall have a minimum average width of 20 feet.

9.    The common open space areas shall be constructed and landscaped prior to filing a final plat or, in the case of a site plan, construction and landscaping will be tied to final occupancy of the first cottage.

10.    The common open space shall be recorded as a perpetual open space to benefit all residents of the cottage housing development prior to filing a final plat or prior to obtaining a building permit.

I.    Required Private Open Space. Private open space adjacent to each cottage is intended for the exclusive use by the cottage resident.

1.    Provide a total of 400 square feet of private open space that includes a minimum of 200 square feet of contiguous usable open space adjacent to each cottage with no dimension less than 10 feet. Front porches are not included in the private open space calculation.

2.    No more than 50 percent of the private open space can be within an unenclosed covered patio.

J.    Development Standards.

1.    At least 50 percent of the cottages shall be oriented around and have their main entrance facing the common open space.

2.    Each cottage shall have a covered entry of at least 80 square feet with a minimum dimension of six feet on any side.

3.    Pedestrian pathways in compliance with BDC 3.1.300(B) must be included to provide for movement of residents and guests from parking areas to homes and other amenities. These pathways must be shown on the subdivision tentative plan or site plan and be part of the common areas/tracts.

4.    Individual detached garages cannot exceed 450 square feet of floor area and no more than 18 feet in height. Only one garage is allowed per cottage.

5.    Accessory dwelling units shall not be permitted in cottage housing developments (CHDs).

6.    Accessory structures for common usage are allowed in the common open space areas. Other accessory structures (except garages) are prohibited.

K.    Parking. Parking for CHDs shall be located on the CHD property and identified on the tentative subdivision plan and/or site plan. On-site parking shall meet the following standards:

1.    Parking may be located within an enclosed garage, carport or unenclosed parking space.

2.    Parking may be located in common tracts if intended to be shared by the entire CHD in groups of not more than five adjoining spaces separated by at least four feet of landscaping. An enclosed garage or carport intended to be shared by the entire CHD shall not exceed 1,200 square feet in size.

3.    Parking shall not be located in the exterior setback and must be screened from public streets and adjacent residential uses by a 10-foot landscape buffer containing landscaping and/or architectural screening.

4.    Parking is allowed between or adjacent to structures only when it is located toward the rear of the cottage and is served by an alley or private driveway.

5.    Off-street parking requirements shall be calculated based on the number of bedrooms per cottage unit:

One bedroom: Minimum one space.

Two bedrooms: Minimum 1.5 spaces.

Three or more bedrooms: Minimum two spaces.

6.    All parking shall provide a minimum of 24 feet for maneuvering and backing movements from garages, carports and/or parking areas.

L.    Frontage Requirements. Individual cottage lots created as part of a CHD subdivision are not required to have frontage on a public or private street. However, the development parcel shall have the minimum frontage on a public or private street as required by the underlying zone.

M.    Public Utilities. All lots shall be served by individual services from a private or public distribution main. Any deviations from City standards need to be approved by the City Engineer. All individual service lines that cross property shall be placed in an easement.

N.    Covenants, Conditions and Restrictions. Subsequent to final plat approval but prior to issuance of a building permit for any structure in a cottage housing development, set of conditions, covenants and restrictions (CC&Rs) for the cottage housing development shall be reviewed and, if approved by the City, recorded with Deschutes County. The CC&Rs must create a homeowner’s association that will provide for maintenance of all common areas in the cottage housing development. [Ord. NS-2289, 2017; Ord. NS-2241, 2015. Formerly 4.5.600]