2.7.630 River Corridor Areas of Special Interest Sub-Zone

2.7.630 River Corridor Areas of Special Interest Sub-Zone.

A. Approval Criteria. Proposed development or land use actions on property subject to the River Corridor Areas of Special Interest Review shall be subject to the following provisions:

1. The proposal shall be designed and constructed so as to maintain the integrity of the existing natural features and biological system by utilizing exterior building materials that have earth tone colors. Removal of native vegetation shall be limited to the minimum amount necessary to accommodate the proposed development or land use action; any vegetation removed in excess of this standard shall be nonnative species.

2. Structures located along the canyon rim of the river shall be set back a minimum of 30 feet from the River Corridor Area of Special Interest boundary for a building 20 feet or less in height. For buildings over 20 feet in height, the building shall set back one additional foot for every additional foot over 20 feet. The maximum building height shall not exceed that of the underlying zone.

3. The permanent alteration of a River Corridor Area of Special Interest by grading, excavation or fill, the placement of structures or impervious surfaces, or by the removal of existing vegetation is only permitted as authorized within the Riparian Corridor Sub-Zone, or as provided as follows:

a. Streets and Crossings. Public or private streets and river crossings may be placed within a River Corridor Area of Special Interest to access development activities if it is shown that no other practicable method of access exists. If allowed, the applicant shall demonstrate that:

i. No other practicable access to the buildable area exists, or access from an off-site location through the use of easements is not possible;

ii. Roads and driveways are designed to be the minimum width necessary and the minimum intrusion into the River Corridor Area of Special Interest while also allowing safe passage of vehicles and/or pedestrians;

b. Utilities, Irrigation Facilities, and Drainage Facilities. Public and private utilities, irrigation facilities, or drainage facilities may be placed within a River Corridor Area of Special Interest when it is shown that no other practicable alternative location exists. If allowed, the applicant shall demonstrate that:

i. No other practicable access exists or access from an off-site location through the use of easements is not possible;

ii. The corridor necessary to construct utilities shall be the minimum width practicable;

iii. Removal of existing trees and native vegetation shall be avoided unless absolutely necessary;

iv. Minimal visual impact to the river corridor will result from the construction of the facility.

c. Removal of Vegetation. Removal of existing vegetation from a River Corridor Area of Special Interest is prohibited, except as indicated below:

i. Existing trees may be removed as provided in BDC 2.7.610(D).

ii. The removal of noxious weeds and nonnative grasses (e.g., knap weed, toad flax or cheat grass) is encouraged when practicable with minimal disturbance to the ASI.

iii. The removal of existing vegetation, other than trees, when the amount of vegetation removed is the minimum necessary to reduce fire fuels as determined by a qualified professional.

d. Enhancement of a River Corridor Area of Special Interest. Planting of additional vegetation within a River Corridor Area of Special Interest is permitted as indicated below:

i. Plant materials that are or will be visible from the river shall be native to Central Oregon and similar to the existing plant species in the vicinity of the River Corridor Area of Special Interest.

B. Development Credit. When an applicant preserves a River Corridor Area of Special Interest, the development potential for the preserved area may be transferred to the balance of the parcel for development or applied to the subject property as indicated below:

1. For residential lands where the property owner preserves a River Corridor Area of Special Interest, the property owner shall receive a density credit equivalent to the area being preserved as determined through the land use permit process.

2. Where the applicant preserves a River Corridor Area of Special Interest, the property owner may initiate one or more of the activities listed below; provided, that the compensation does not exceed the benefit of the ASI protection as determined through the land use permit process.

a. Substitute the area of the preserved ASI as the equivalent required on-site landscaping;

b. Reduce the front yard setback up to 50 percent of the standards required for the applicable zone.

3. For subdivision development, where the applicant proposes to preserve a River Corridor Area of Special Interest, the property owner may apply the PUD development standards to the subject property without the additional CUP application.

C. Exceptions. An exception to the provisions of the River Corridor Areas of Special Interest sub-zone may be permitted as provided below:

1. For existing legal lots where the location of a River Corridor Area of Special Interest results in a lot depth for a single-unit dwelling of 50 feet or less or a building envelope of 800 square feet or less, the front and side yard setbacks may be reduced up to 50 percent of the standard required for the applicable zone.

2. For existing residential lots where the entire lot is located within an ASI, the property may be developed with permitted uses, subject to the applicable land use review, in a manner that will have the least impact to the ASI.

3. For the construction of public trails or paths that provide public access into the preserved River Corridor Areas of Special Interest.

4. For lots or parcels existing prior to the adoption of this code, where there are buildings on both of the abutting lots with canyon rim setbacks less than the required depth, the setback need not exceed the average setback on the abutting buildings. If there is a building on only one abutting lot or parcel with a setback less than the required setback depth, the setback need not exceed the average of the setback of the abutting building and the required setback.

1. Proposed development or land use actions in the River Corridor Areas of Special Interest Sub-Zone may trigger a requirement for mitigation. The purpose of mitigation is to restore the value of the visual resource lost due to development activity. It is the burden of the applicant to demonstrate how mitigation restores visual significance. When a proposal impacts a River Corridor Area of Special Interest by grading, excavation, or fill, the placement of structures or impervious surfaces, or by the removal of vegetation, a mitigation plan prepared by a qualified professional shall be submitted to the Review Authority. The mitigation plan shall include the following:

a. The location of the impact;

b. Existing conditions and size of the resource area prior to impact;

c. Location and size of the proposed mitigation area.

2. The mitigation plan shall be approved by the Review Authority upon finding conformance with the following criteria:

a. Proposed vegetation to be removed shall be replaced on the site at a ratio of at least 1:1;

b. All proposed vegetation planted within the mitigation area shall be native to the region and similar to the vegetation to be removed;

c. Additional mitigation measures may be required, based on the nature of the impact, such as:

•Site reclamation;

•Screening of structures, cuts or fills;

•Increased vegetative quantities and/or sizes.

1. Any individual or organization may apply for designating new River Corridor Areas of Special Interest. Designation of new areas shall be coordinated with the affected property owners. A “River Corridor Area of Special Interest” designation may be applied or modified pursuant to BDC 2.7.700(G). A new designation shall be processed as a map amendment to both the Bend Comprehensive Plan and Zoning Maps pursuant to BDC Chapter 4.1, Development Review and Procedures, and this section. [Ord. NS-2462, 2023; Ord. NS-2423, 2021; Ord. NS-2271, 2016; Ord. NS-2016, 2006]