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A. Development Plans Required. The Mixed-Use Riverfront Zone shall only be applied to the area designated Mixed Riverfront on the Bend Comprehensive Plan Map. Before development of properties can occur in the MR Zone, a Facilities Plan shall be reviewed for conformance with this chapter. Before development of properties, other than property described in subsection (C)(4) of this section, can occur in the MR Zone, a Master Development Plan and a Facilities Plan must be approved.

1. The Facilities Plan shall be reviewed through a Type II procedure.

2. The Master Development Plan shall be reviewed by the Planning Commission through a Type III procedure.

B. Facilities Plan. Prior to or concurrent with submitting a Master Development Plan, a Facilities Plan that shows how the area will be served by roads and utilities shall be reviewed by the City through the Type II procedure.

1. Due to the size and physical variations of the MR Zone area, the Facilities Plans shall be prepared for three sub-areas:

a. West of the river and north of Colorado Avenue.

b. West of the river and south of Colorado Avenue.

c. East of the river.

2. The Facilities Plan shall, at a minimum, include:

a. A map of existing and planned water and sewer facilities to serve the sub-area including line sizes, general location or routes, and how the lines will tie in with areas adjacent to the MR Zone.

b. A map of existing and planned collector and arterial streets adjacent to the sub-area and of the general route of planned collector, arterial, and major local streets through the sub-area and where the streets will connect with the existing collector or arterial street system.

c. Such other utility or transportation information as the City may determine is necessary.

d. The function and location of any private utility systems.

e. A written narrative that explains or describes how the Facilities Plan meets the following approval criteria:

i. The proposed water, sewer, and street system will be adequate to serve the type and size of development planned for the area;

ii. The location and sizing of facilities on site will be consistent with the existing and planned utilities; and

iii. Adequate water flow volumes will be provided to meet fire flow and domestic demands.

3. The Facilities Plan shall be approved by the Review Authority if it is determined to be consistent with the criteria in subsection (B)(2)(e) of this section, and with the City’s Sewer and Water Public Facility Plans and Transportation System Plan.

C. MR Zone Master Development Plan. The minimum acreage for an MR Zone Master Development Plan is 10 acres unless specifically exempted as described in subsection (C)(4) of this section. The MR Zone Master Development Plan shall include information that meets the requirements of subsections (C)(1) and (2) of this section.

1. The MR Zone Master Development Plan shall include a plan view drawing with dimensions that show the following elements and how they fit together as a functional design:

a. Building envelope;

b. Parking area location, size and access;

c. Access points to local streets and major street network;

d. Pedestrian/bicycle corridors;

e. Landscape areas;

f. Other open space and common areas;

g. The expected uses to be developed and approximate square footage of building area in each category;

h. Any private development covenants, conditions or restrictions that will be recorded with the property; and

i. Any other information the City may require.

2. The MR Zone Master Development Plan shall demonstrate that the proposal satisfies the following approval criteria:

a. Creation of a stimulating and attractive mixed-use environment through the use and inter-relationship of open spaces, building locations, building scale and design, and pedestrian amenities;

b. Providing pedestrian access and movement to and through the site in a manner that maximizes foot traffic exposure to goods and services and minimizes conflicts with vehicle circulation areas;

c. Encouraging access to and enjoyment of the Deschutes River;

d. Providing for traffic and service vehicle circulation between on-site uses as appropriate;

e. Maintaining and improving the aesthetic and location advantages provided by the terrain and natural features of the site and minimizing alteration thereof as much as practicable;

f. Reducing to a minimum any negative impacts of proposed uses on adjacent properties and ensuring the livability of residential areas when applicable;

g. How the types and levels of uses are consistent with the planned function, capacity and level of service of transportation facilities.

3. Upon approval of an MR Zone Master Development Plan, all subsequent building and site development must comply with the approved MR Zone Master Development Plan and the standards and conditions in this section. Minor alterations to an approved MR Zone Master Development Plan may be processed as a Type II application using the standards in this section. A minor alteration to a master plan may include adjustments to local street and pedestrian corridor alignments, alterations to site design guidelines, changes to lot configurations, and the relocation of plazas and open space within the master plan area provided the approved MR Zone Master Development Plan concept is not compromised.

4. Exemptions.

a. Properties less than 10 acres in size that are not a part of a previously approved and valid MR Zone Master Development Plan and cannot practicably be combined with surrounding properties in the MR Zone may apply independently for an MR Zone Master Development Plan in accordance with this subsection (C); and

b. As an alternative to subsection (C)(4)(a) of this section, properties that were less than 10 acres in size on or before August 4, 1995, and that are not part of a previously approved and valid Master Development Plan may develop after obtaining Site Plan and Design Review approval from the Planning Commission after demonstrating compliance with BDC Chapter 4.2, Site Plan Review and Design Review, BDC 2.2.600, Commercial Design Review Standards, and BDC Chapter 3.3, Vehicle Parking, Loading and Bicycle Parking. The Commission shall use the master planning and design objectives set forth in subsection (C)(2) of this section to the extent applicable to the subject property. When determining compliance with BDC Chapter 4.2, BDC 2.2.600 applies even if BDC 2.2.600, by its express terms, would not otherwise apply to such an application.

Any proposed development that is on property within 100 feet of the ordinary high water mark of the Deschutes River is also subject to the design review standards in BDC 2.7.600, Waterway Overlay Zone (WOZ).

D. Building and Site Development Standards. In addition to the Master Development Plan approval above, the development of individual buildings and related areas shall comply with the following standards:

1. Deschutes River Corridor Design Review. Property within 100 feet of the ordinary water mark of the Deschutes River shall comply with BDC 2.7.600, Waterway Overlay Zone (WOZ).

2. Building Design. Buildings and structures shall have architectural elements and features which are in scale with each other. The colors and exterior material of buildings within the Master Development Plan shall be compatible. Buildings housing retail uses shall provide ample window area oriented toward pedestrian walkways or plazas.

3. Landscaping and Open Space. The design and development of landscaping and open space shall:

a. Retain and conserve riparian vegetation within the bed and banks of the Deschutes River and adjacent to the river to the maximum extent practicable. There shall be no net loss of natural wetlands adjacent to the river.

b. Emphasize the use of native trees, shrubs, or other plants adapted for survival and growth in the high desert life zone.

c. Include street trees and parking area trees which are in scale with the development.

d. Provide a cohesive open space and pedestrian network within the development, with appropriate connections to surrounding properties and uses.

e. Provide pleasing transitions between uses, soften and buffer utility and loading areas, and provide pleasing textures and variety particularly next to buildings, along walkways, and within pedestrian plazas.

f. Include open spaces and plazas which are in scale with the development and invite activity appropriate to adjoining uses.

4. Operations within Buildings. For industrial and commercial uses all manufacturing, processing, assembling, packaging, repairing, and storing of equipment, materials and supplies shall occur within enclosed buildings. Exceptions to this requirement may be allowed as necessary to comply with State and local safety regulations.

5. Refuse Collection and Recycling. Refuse collection and recycling areas for businesses shall be enclosed with a fence, wall or structure high enough to screen all collection bins.

6. Outside Mechanical Equipment. Industrial or commercial heating, ventilation, air conditioning, or other mechanical equipment on rooftops or ground shall be screened with a material and design that is visually compatible with the building.

7. Drainage. All drainage from buildings, parking/loading areas, and other impervious surfaces shall be retained on the development site or directed to a drainage facility as part of an overall drainage master plan using dry wells or other City-approved method such as landscaping, retention basin, swale, or similar bio-filtration systems that are not directly connected to a surface stream or canal.

8. Parking. Motor vehicle and bicycle parking shall comply with the standards in BDC Chapter 3.3. The following exceptions to the parking standards may be allowed as part of the approved Master Development Plan:

The use of parking areas away or separated from the building or uses; and

Parallel parking on collector streets if bicycle lanes and adequate vehicle lanes are provided.

9. Utilities. Electric power, natural gas, telephone and cable lines shall be installed underground.

10. Industrial Air Emissions. There shall be no emission of odorous, toxic, noxious matter, or dust in such quantities from industrial operations as to produce a public nuisance or hazard.

11. Local Streets. Local streets approved as part of the Master Development Plan may be public or private streets. If private streets are proposed as part of a Master Development Plan, they shall comply with the standards for private streets found in BDC Chapter 3.4. [Ord. NS-2271, 2016; Ord. NS-2195, 2013; Ord. NS-2016, 2006]