3.8.900 Cottage Cluster Developments

3.8.900 Cottage Cluster Developments.

A. Applicability. Cottage cluster developments are allowed in the following districts: Low Density Residential (RL) District, Standard Density Residential (RS), Medium Density Residential (RM) and Medium-10 Residential (RM-10).

B. Approval Process. Cottage cluster developments are subject to BDC 4.2.400, Minimum Development Standards Review. The procedures and criteria of BDC Chapter 4.3 apply to cottage cluster development subdivisions.

a. RL, RS: Four cottages per acre.

b. RM-10: Six cottages per acre.

c. RM: 7.3 cottages per acre.

2. Maximum Density. No maximum.

D. Cluster Numerical Standard. Cottage cluster developments must contain a minimum of three cottages.

1. Development site for cottage clusters on a single lot.

a. The minimum lot sizes apply to the development site:

i. RL: 10,000 square feet.

ii. RS, RM-10 and RM Districts: 4,000 square feet.

2. There is no minimum lot size for a cottage located on its own lot or parcel.

F. Lot Width and Depth. The development site must comply with the minimum lot width at the front property line on a street and lot width as required by the underlying zone for a single-unit detached dwelling. Individual cottage lots or parcels created as part of a cottage cluster land division are exempt from lot width and depth requirements and are not required to have frontage on a street.

G. Lot Coverage and Floor Area Ratio. There is no maximum lot coverage or floor area ratio for cottage cluster developments.

1. Setbacks. Because cottage clusters are a unique type of development, setbacks are measured differently than for a traditional development. The exterior boundary of the cottage cluster development site is considered to be the edge of the development site for the purposes of calculating perimeter setbacks from surrounding properties, except for garages and carports accessed from a street. For buildings on lots within the cottage cluster development, the separation between other on-site buildings is measured, not the distances to interior property lines, unless setbacks from property lines are necessary to meet the building code (interior setbacks).

i. The setbacks must meet the minimum setbacks that apply to detached single unit dwellings in the corresponding zone except as follows:

(A) The front and rear setbacks in the RL District are 10 feet except the front setback is 20 feet for garages and carports when they access the street.

i. There must be a minimum separation of six feet between the building footprints of the cottages. On cottage sides with a main entrance, the minimum separation is six feet. Structures other than cottages must meet minimum building code setback requirements.

c. Garages and Carports. Garages and carports accessed from a street must be set back a minimum of 20 feet.

1. The maximum cottage building footprint must be less than 900 square feet. It does not include detached garages or carports; accessory structures; or unenclosed covered or uncovered porches, patios, decks, balconies or stoops 18 inches or less.

2. Individual attached garages up to 200 square feet are exempt from the calculation of maximum building footprint for cottages.

1. Required Off-Street Parking. None.

2. Off-street parking spaces may be provided for individual cottages or in shared parking clusters.

K. Design Standards. Cottage clusters must meet the following design standards. No other design standards apply to cottage clusters unless noted in this section.

1. Cottage Orientation. Cottages must be clustered around a common courtyard in compliance with the following standards (see Figure 3.8.900.K.2):

a. Each cottage within a cluster must either abut the common courtyard or must be directly connected to it by a pedestrian path.

b. A minimum of 50 percent of cottages within a cluster must be oriented to the common courtyard and must:

i. Have a front door entrance facing the common courtyard or have a front door entrance open to a covered porch that has an entry facing the common courtyard. A covered walkway or breezeway is not a porch;

ii. Be within 10 feet from the common courtyard, measured from an exterior wall of the cottage or covered porch to the nearest edge of the common courtyard; and

iii. Be connected to the common courtyard by a pedestrian path.

c. Cottages within 20 feet of a street property line may have their front door entrances facing the street or open to a covered porch that has an entry facing the street. A covered walkway or breezeway is not a porch.

d. Cottages not facing the common courtyard or the street must have their front door entrances facing a pedestrian path that is directly connected to the common courtyard or have their front door entrance open to a covered porch that has an entry facing a pedestrian path that is directly connected to the common courtyard.

2. Common Courtyard Design Standards. A minimum of 65 percent of the cottages within a cottage cluster development must share a common courtyard in order to provide a sense of openness and community of residents. Common courtyards must meet the following standards (see Figure 3.8.900.K.2):

a. A cottage cluster development must contain a minimum of three and a maximum of 12 cottages per common courtyard.

b. The common courtyard must be a single, contiguous piece and separated from another common courtyard by a minimum of 10 feet.

c. Cottages must abut the common courtyard on at least two sides of the courtyard.

d. The common courtyard must contain a minimum of 150 square feet per cottage within the associated cluster.

e. The common courtyard must be a minimum of 15 feet wide at its narrowest dimension.

f. The common courtyard must be developed with a mix of landscaping, lawn area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard must not exceed 75 percent of the total common courtyard area.

g. Pedestrian paths must be included in a common courtyard. Paths that are contiguous to a courtyard count toward the courtyard’s minimum dimension and area.

h. Parking areas, required setbacks, and driveways do not qualify as part of a common courtyard.

Figure 3.8.900.K.2. Cottage Cluster Orientation and Common Courtyard Standards

3. Community Buildings. Cottage cluster developments may include community buildings for the shared use of residents that provide space for accessory uses such as community meeting rooms, guest housing, exercise rooms, day care, or community eating areas. Community buildings must meet the following standards:

a. Each cottage cluster is permitted one community building.

b. A community building that meets the BDC definition of a dwelling unit must have a building footprint less than 900 square feet, unless a covenant is recorded against the property stating that the structure is not a legal dwelling unit and will not be used as a primary dwelling.

a. An accessible pedestrian path must be provided that connects the main entrance of each cottage to the following:

i. The common courtyard;

ii. Shared parking areas;

iii. Community buildings; and

iv. Sidewalks in public rights-of-way abutting the site or rights-of-way if there are no sidewalks.

b. The pedestrian path must be hard-surfaced and a minimum of four feet wide.

a. Clustered Parking. Off-street parking may be arranged in clusters, subject to the following standards:

i. Cottage cluster developments with fewer than 16 cottages are permitted parking clusters of not more than six contiguous spaces.

ii. Cottage cluster developments with 16 cottages or more are permitted parking clusters of not more than eight contiguous spaces.

iii. Parking clusters must be separated from other spaces by at least four feet of landscaping.

iv. Clustered parking areas may be covered.

i. Parking must not be located in the perimeter setbacks and must be screened from public streets and adjacent residential uses by a landscape buffer containing landscaping and/or architectural screening. The width of the landscape buffer is the same width as the perimeter setbacks. See subsection (K)(5)(c) of this section.

(A) Exception. Parking is allowed on a driveway between the garage or carport of a cottage and the street.

ii. Aisle widths must comply with BDC 3.3.300(F), except a 20-foot access aisle is permitted for 90-degree parking.

c. Screening. Landscaping, fencing, or walls at least three feet tall must separate clustered parking areas and parking structures from streets.

i. Detached garages must not exceed 450 square feet in floor area per cottage.

ii. A detached group of attached garages must not exceed 1,600 square feet and must be separated from other groups of attached garages by at least four feet measured between their building footprints.

iii. Garage doors for attached and detached individual garages must not exceed 20 feet in width.

6. Accessory Structures. Accessory structures must not exceed 400 square feet in floor area.

a. Exception. For garages, see subsection (K)(5)(d) of this section.

7. Existing Structures. On a lot or parcel to be used for a cottage cluster development, an existing detached single unit dwelling on the same lot at the time of proposed development of the cottage cluster may remain within the cottage cluster development area under the following conditions:

a. The existing dwelling may be nonconforming with respect to the requirements of this code.

b. The existing dwelling may be expanded up to the maximum height of the corresponding zoning district.

c. Existing dwellings that exceed the maximum building footprint may not be expanded.

d. The existing dwelling is excluded from the calculation of orientation toward the common courtyard.

L. Accessory Dwelling Units. Accessory dwelling units are not permitted in cottage cluster developments.

M. Public Utilities. All lots must be served by individual services from a private or public distribution main. Any deviations from City standards must be approved by the City Engineer. Private services, franchises, sewer and water, must not cross property lines unless there is no means of providing private service laterals from a distribution main, as approved by the City Engineer. Where private services are permitted to cross property lines, the services must 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, a set of conditions, covenants and restrictions (CC&Rs) for the cottage cluster development must be reviewed and, if approved by the City, recorded with Deschutes County. The CC&Rs run with the land and may be removed or modified only upon approval of the City of Bend. The CC&Rs must create a homeowners’ association that will provide for maintenance of all common areas in the cottage housing development. [Ord. NS-2463, 2023; Ord. NS-2434, 2022; Ord. NS-2423, 2021]