Chapter 4.6
LAND USE DISTRICT MAP AND TEXT AMENDMENTS

Sections:

4.6.100    Purpose.

4.6.200    Legislative Amendments.

4.6.300    Quasi-Judicial Amendments.

4.6.400    Intent to Rezone.

4.6.500    Record of Amendments.

4.6.600    Transportation Planning Rule Compliance.

4.6.100 Purpose.

The purpose of this chapter is to provide standards and procedures for legislative and quasi-judicial amendments to this code, the Bend Comprehensive Plan, the Bend Comprehensive Plan Map and the Land Use District Map. These will be referred to as “map and text amendments.” Amendments may be necessary from time to time to reflect changing community conditions, needs and desires, to correct mistakes, or to address changes in the law. [Ord. NS-2271, 2016; Ord. NS-2016, 2006]

4.6.200 Legislative Amendments.

A.    Applicability, Procedure and Authority. Legislative amendments generally involve broad public policy decisions that apply to other than an individual property owner. These include, without limitation, amendments to the text of the Comprehensive Plan and map, Development Code and changes in the Zoning Map not directed at a small number of properties. They are reviewed using the Type IV procedure in accordance with BDC Chapter 4.1, Development Review and Procedures, and shall conform to BDC 4.6.600, Transportation Planning Rule Compliance. A legislative amendment may be approved or denied.

B.    Criteria for Legislative Amendments. The applicant shall submit a written narrative which explains how the approval criteria will be met. A recommendation or a decision to approve or to deny an application for a legislative amendment shall be based on all of the following criteria:

1.    The request is consistent with the applicable State land use law;

2.    The request is consistent with the applicable Bend Comprehensive Plan goals and policies;

3.    The applicant can demonstrate a public need or benefit for the proposed amendment. [Ord. NS-2271, 2016; Ord. NS-2016, 2006]

4.6.300 Quasi-Judicial Amendments.

A.    Applicability, Procedure and Authority. Quasi-judicial amendments generally refer to a plan amendment or zone change affecting a single or limited group of properties and that involves the application of existing policy to a specific factual setting. Quasi-judicial amendments shall follow the Type III procedure, as governed by BDC Chapter 4.1, Development Review and Procedures, using the standards of approval in subsection (B) and/or (C) of this section, as applicable. Based on the applicant’s ability to satisfy the approval criteria, the applicant may be approved, approved with conditions, or denied.

B.    Criteria for Quasi-Judicial Comprehensive Plan Map Amendments. The applicant shall submit a written narrative which explains how the approval criteria will be met. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria:

1.    Approval of the request is consistent with the relevant Statewide Planning Goals that are designated by the Planning Director or designee;

2.    Approval of the request is consistent with the relevant policies of the Comprehensive Plan that are designated by the Planning Director or designee;

3.    The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property;

4.    Evidence of change in the neighborhood or community or a mistake or inconsistency in the Comprehensive Plan or Land Use District Map regarding the property that is the subject of the application; and

5.    Approval of the request is consistent with the provisions of BDC 4.6.600, Transportation Planning Rule Compliance.

C.    Criteria for Quasi-Judicial Zone Changes. The applicant must submit a written narrative which explains how the approval criteria will be met. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial zone change must be based on meeting both of the following criteria:

1.    The amendment will bring the zone map into conformance with the Comprehensive Plan map.

2.    The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided concurrently with the development of the property. [Ord. NS-2271, 2016; Ord. NS-2016, 2006]

4.6.400 Intent to Rezone.

A.    If the City Council determines that the public health and welfare and convenience will best be served by a proposed change of the zone, the City Council may indicate its general approval in principle of the proposed rezoning by the adoption of a “Resolution of Intent to Rezone.” This resolution shall include any conditions, stipulations, or limitations, which the City Council may feel necessary to require in the public interest as a prerequisite to final action, including those provisions which the City Council may feel necessary to prevent speculative holding of the property after rezoning. The fulfillment of all conditions, stipulations and limitations contained in said resolution, on the part of the applicant, shall make such a resolution a binding commitment on the City Council. Such a resolution shall not be used to justify spot zoning, nor to create unauthorized zoning categories by excluding uses otherwise permitted in the proposed zoning.

1.    Content of Site Plan. Where a site plan is required pursuant to this code, it shall include the location of existing and proposed buildings, structures, accesses, off-street parking, loading spaces and landscaping; topography, existing and proposed; mechanical roof facilities, architectural perspective, layout and all elevations drawn to scale including location, area and design of signs and all landscaping.

2.    Resolution of Intent Binding. The fulfillment of all conditions, stipulations and limitations contained in the resolution of intent, on the part of the applicant, shall make the resolution binding on the City Council. Upon compliance with the resolution by the applicant, the City Council shall by ordinance effect such reclassification.

3.    Resolution of Intent Void Upon Failure to Comply. The failure of the applicant to substantially meet any conditions, stipulations or limitations contained in a resolution of intent, including the time limit placed in the resolution, shall render said resolution null and void, unless an extension is granted by the City Commission upon recommendation of the Planning Commission. [Ord. NS-2016, 2006]

4.6.500 Record of Amendments.

The City Recorder shall maintain a record of amendments to the text of this code and the Land Use Districts Map in a format convenient for public use. [Ord. NS-2016, 2006]

4.6.600 Transportation Planning Rule Compliance.

When a development application includes a proposed Comprehensive Plan amendment or annexation, the proposal must be reviewed to determine whether it significantly affects a transportation facility, in accordance with Oregon Administrative Rule (OAR) 660-012-0060. [Ord. NS-2302, 2018; Ord. NS-2016, 2006]