2.7.650 Deschutes River Corridor Design Review Combining Zone.
A. Purpose. It is the purpose of the Deschutes River Corridor Design Review Zone to ensure compliance with the objectives of this code and the goals and policies relating to the Deschutes River in the Bend Comprehensive Plan. The purpose shall also be to:
•Recognize and respect the unusual natural beauty and character of the Deschutes River.
•Conserve and enhance the existing riparian zone along the Deschutes River.
•Allow the community flexibility in reviewing development proposals within the Areas of Special Interest that are designated on the Bend Comprehensive Plan.
•Maintain the scenic quality of the canyon and rimrock areas of the Deschutes River.
•Conserve and enhance property values.
•Preserve, protect and enhance water quality.
•Encourage development, preservation and enhancement of reasonable public access to the river for recreational use and visual enjoyment.
B. The following areas and uses are exempt from the Deschutes River Design Review process:
1. Public streets and utility facilities existing as of the date of adoption of this code. Notwithstanding anything to the contrary in this code, a variance may be granted to the mandatory 40-foot setback for future public streets and utility facilities.
2. Irrigation facilities, canals and flumes existing as of the date of adoption of this code.
3. The existing Korpine Mill operation on the east side of the Deschutes River.
C. Design Review Procedure. All new development, structures, additions and exterior alterations to structures, including outside storage and off-street parking lots within the Deschutes River Corridor, are subject to a design review process.
1. Prior to filing a design review application, the applicant shall confer with the Planning Department concerning the requirements of formal application.
2. The design review application shall be filed on a form provided by the City Planning Department and shall be accompanied by drawings and information as specified by the Planning Department. Copies of the plan shall be submitted and such additional information as is deemed necessary for the Site Plan Committee or Bend Urban Area Planning Commission to adequately review the applications.
3. The Bend Urban Area Planning Commission shall approve, approve with conditions, or disapprove the design plan. The decision of the Bend Urban Area Planning Commission shall be final unless appealed in accordance with the City of Bend’s land use procedures.
4. To approve a design plan the Bend Urban Area Planning Commission must find compliance with the provisions of this code.
D. Site Plan Committee. The Site Plan Committee, as designated in subsection (C) of this section, Design Review Procedure, shall review a site plan application subject to design review on its technical merits and submit recommendations for approval, conditional approval, or rejection to the Bend Urban Area Planning Commission. The Commission decision shall be based on the site plan criteria, City policies, and standards.
E. Minimum Standards. Within the Deschutes River Corridor the following minimum standards shall apply:
1. Building and Parking Setbacks.
a. One-Hundred-Foot Setback Area. For the areas described below, the setback for all new buildings, parking lots and loading areas shall be a minimum of 100 feet from the ordinary high water mark unless the Bend Urban Area Planning Commission approves a lesser setback. In no case shall the setback be less than 40 feet from the ordinary high water mark of the Deschutes River.
i. The east and west bank from the Arizona/Commerce Street line to the southern boundary of the Bend Comprehensive Plan Map;
ii. The east bank from the southern property line of Magill’s Landing Subdivision to the northern property line of the Bend Riverside Motel;
iii. The east bank from the southern property line of Sawyer Park to the southern boundary of the Rimrock West Subdivision;
iv. The east and west banks from the northern boundary of the Rimrock West subdivision to the northern boundary of the Bend Comprehensive Plan Map; and
v. The west bank north of the Park District property known as “Flume Park” to the southern boundary of the Rimrock West Subdivision.
The Bend Urban Area Planning Commission may approve a lesser setback after the applicant has demonstrated through design review that the project provides at least the following:
i. Protection of water quality, and fish and wildlife habitat;
ii. The improvement or restoration of riverfront riparian areas by the creation of new riparian vegetation areas or by improvements to existing riverfront riparian areas through appropriate plantings; and
iii. The provision of open space along the riverfront.
b. Commercial Property. For all existing commercially zoned property within the Deschutes River Corridor in existence upon the adoption of this code, the setback for all buildings, parking lots, and loading areas shall be 30 feet from the ordinary high water mark of the Deschutes River.
c. Other Areas. For the areas not described in subsection (E)(1)(a) or (b) of this section, all buildings, parking lots, and loading areas shall be 40 feet from the ordinary high water mark of the Deschutes River. In no case shall the setback be less than 40 feet from the ordinary high water mark of the Deschutes River.
2. Features in Building Setback Area. Within the 30-, 40- and 100-foot building setback area, required in subsections (E)(1)(a), (b) and (c) of this section, the Bend Urban Area Planning Commission may approve features to enhance or support public use. Such features may include sidewalks, trails, utility facilities, streets and bridges crossing the river, boardwalks, decks, plazas, outdoor cafe seating areas, utilities, lights, bike racks, trash and recycling receptacles, furniture, bank stabilization structures, fences, art work, stairs, bike and pedestrian bridges, boat launch facilities, and vendor carts as defined by the Bend Code. The placement and uses shall be subject to the criteria in subsection (F) of this section.
3. Rebuilding of Existing Structures. This setback restriction shall not prohibit rebuilding an existing structure; provided, that the rebuilt structure is comparable in size, profile, use and location to the structure that previously existed. The term new development shall not include rebuilding an existing structure; provided, that the rebuilt structure is comparable in size, profile, use and location to the structure that previously existed.
4. Building Heights. Maximum structure height shall be limited to 30 feet at the minimum setback line. The Bend Urban Area Planning Commission may allow increases in building heights up to the allowed height in the underlying zone the farther the building sets back from the river. The Bend Urban Area Planning Commission may limit building height the closer to the river a building is allowed. The building height shall be measured from the lowest natural grade facing the river to the highest measurable point on or projecting from the roof of the structure.
F. Site and Design Review Criteria. In addition to the minimum standards above, the Bend Urban Area Planning Commission shall review the development using the following design criteria:
1. Conservation of Natural Features. Major rock outcrops, stands of trees, riparian areas, or other prominent natural features are an important part of the visual character and quality of the community. The Bend Urban Area Planning Commission shall review the applicant’s proposal for impacts on these resources and may limit the amount of removal, require additional screening, or moving or reducing in size the development, addition or structure in order to preserve, to the greatest extent possible, existing natural features.
2. Compatibility with Existing Area. The Bend Urban Area Planning Commission shall consider the relationship of the proposed development with the existing surroundings, in terms of building bulk, height, location, separation, shape, parking areas, lighting, fences, landscaping, open space, visual and physical corridors to the river and adjacent land use.
3. Colors and Materials. The Bend Urban Area Planning Commission shall consider colors and materials. The Bend Urban Area Planning Commission may require new structures and additions to existing structures to be finished in muted earth tones that blend with and reduce contrast with the surrounding vegetation and landscape of the building site or colors that are compatible with adjacent buildings.
4. No large areas, including roofs, shall be finished with bright or reflective materials. Metal roofing material is permitted if it is nonreflective and of a color which blends with the surrounding vegetation and landscape.
5. The Bend Urban Area Planning Commission may establish increased setbacks, limitations of building heights, and limitations on the bulk and length of buildings, limitations on lighting, landscaping, fences, size and shape of windows facing the river, size and location of parking, and outdoor storage areas and any other improvement or use listed in subsection (E) of this section in order to carry out the purpose of this code.
6. For projects proposing development within the setback area, the Bend Urban Area Planning Commission may consider the degree to which the project provides public access along the riverfront, and may require the dedication of public access on an individualized determination that the required access is reasonably related to the project, and that the required dedication is also roughly proportional to the impact of the proposed project.
7. For projects incorporating a setback less than 100 feet the Bend Urban Area Planning Commission may require enhanced site landscaping, minimum corridors between buildings, variations in building setbacks, size or bulk of facades and may impose any other conditions of approval reasonably required to meet the purposes of this code. [Ord. NS-2271, 2016; Ord. NS-2016, 2006; Ord. NS-1846, 2002; Ord. NS-1625, 1994; Ord. NS-1593, 1993; Ord. NS-1584, 1993; Ord. NS-1414, 1985]