4.3.700 Expedited and Middle Housing Land Division

4.3.700 Expedited and Middle Housing Land Division.

This section was recently amended by Ordinance NS-2487, codified in January 2024.

1. Expedited Land Divisions. An expedited land division may be submitted when it complies with the following:

a. Includes only land zoned for residential uses.

b. Is solely for the purpose of residential use, including recreational or open space uses accessory to residential use.

c. Does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the comprehensive plan and land use regulations for full or partial protection of natural features under the statewide planning goals that protect open spaces, scenic and historic areas and natural resources including the River Corridor Areas of Special Interest, Riparian Corridors and Upland Areas of Special Interest;

d. Satisfies minimum street or other right-of-way connectivity standards established by the City’s Transportation System Plan, Bend’s Standards and Specifications, and the BDC.

e. Will result in development that either:

i. Creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation of the site; or

ii. All dwellings will be sold or rented to households with incomes below 120 percent of the median family income for Deschutes County. A copy of a deed restriction or other legal mechanism approved by the Director shall be submitted.

a. A middle housing land division applies to duplexes, triplexes, quadplexes, or cottage developments.

b. A middle housing land division may be submitted when the parent site is developed with middle housing, has an active building permit to construct middle housing or the application for a land division must be reviewed concurrently with a building permit application for construction of middle housing.

3. An expedited land division and middle housing land division as described in this section is not a land use decision or a limited land use decision under ORS 197.015.

B. Preliminary Plat Process for Expedited and Middle Housing Land Divisions. Unless the applicant requests to use the procedure set forth in BDC 4.3.300, Tentative Plan, the City must use the following procedures for an expedited land division and a middle housing land division:

a. If the application for an expedited land division or middle housing land division is incomplete, the City must notify the applicant of the missing information within 21 days of receiving an application. The application must be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

b. If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application must be based upon the standards and criteria that were applicable at the time the application was first submitted.

a. Written notice of the receipt of the completed application for an expedited and middle housing land division must be provided to:

i. The applicant.

ii. Owners of record of property as shown on the most recent property tax assessment roll of property located, and to the addresses based on the City’s current addressing records within 100 feet of the property that is subject of the notice.

iii. Designated land use chair(s) of a neighborhood association recognized by the City of Bend where any property within the notice area specified is within the boundaries of a neighborhood association.

iv. Any agency responsible for providing public services or facilities to the subject site.

b. The notice must include the following:

i. The deadline for submitting written comments;

ii. A statement of issues that may provide the basis for an appeal to the Hearings Officer must be raised in writing prior to the expiration of the comment period; and

iii. A statement that issues must be raised with sufficient specificity to enable the local government to respond to the issue;

iv. The applicable criteria for the decision;

v. The place, date, and time that comments are due;

vi. A time and place where copies of all evidence submitted by the applicant will be available for review;

vii. The street address or other easily understood geographical reference to the subject property;

viii. The name and telephone number of a local government contact;

ix. A brief summary of the local decision-making process for the land division decision being made.

c. The written notice requirement will be deemed met when the Planning Division can provide an affidavit or other certification that such notice was given.

d. Notice must be posted on the subject property by the applicant/property owner throughout the duration of the required public comment period. Such notice must be located within 10 feet of any abutting public way. Failure of applicant/property owner to maintain posting of the sign throughout the duration of the required public comment period does not invalidate a land use approval.

3. Any person may comment in writing within 14 days from the date notice was mailed.

4. Decisions are made by the Community and Economic Development Director following public notice and an opportunity for parties to comment but without a public hearing.

5. The City must issue the administrative decision on the application within 63 days of receiving a completed application.

6. The Community and Economic Development Director’s decision must be based on applicable requirements of the BDC. An approval may include conditions to ensure that the application meets applicable land use regulations.

7. Notice of the decision must be provided to the applicant and to those who received notice under subsection (B)(2)(a) of this section within 63 days of the date of a completed application. The notice of decision must include:

a. A summary statement explaining the determination; and

b. An explanation of appeal rights under ORS 197.375.

a. After seven days’ notice to the applicant, the City Council may, at a regularly scheduled public meeting, act to extend the 63-day time period to a date certain for one or more applications for an expedited land division or middle housing land division prior to the expiration of the 63-day period, based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In no case shall an extension be to a date more than 120 days after the application was deemed complete. Upon approval of an extension, the provisions of ORS 197.360 to 197.380 and 92.031, including the mandamus remedy provided by ORS 197.370(1), shall remain applicable to the expedited land division and middle housing land division, except that the extended period shall be substituted for the 63-day period wherever applicable.

b. The decision to approve or deny an extension under subsection (B)(8)(a) of this section is not a land use decision or limited land use decision.

9. A decision may be appealed within 14 days of the mailing of the decision notice by the applicant or a person or organization who files written comments within the time period described in subsection (B)(3) of this section. The appeal must include the appeal application and a $300.00 deposit for costs.

10. An appeal must be based solely on one or more of the allegations:

a. The decision violates the substantive provisions of the applicable land use regulations;

b. The decision is unconstitutional;

c. The application was not eligible for review under this section, Expedited and Middle Housing Land Divisions, and should be reviewed as a land use decision or limited land use decision.

d. The appellant’s substantive rights were substantially prejudiced by a procedural error.

11. The City must appoint a Hearings Officer to decide the appeal decision and the appointed Hearings Officer must comply with ORS 197.375(3) through (6) when issuing a decision.

1. Expedited Land Division Submittal Requirements. An application for an expedited land division must submit the items listed in BDC 4.3.300(B) and a letter or narrative report documenting compliance with the applicable approval criteria contained in subsection (D)(1) of this section, Expedited Land Division Approval Criteria.

2. Middle Housing Land Division Submittal Requirements. An application for a middle housing land division must include the following:

a. Items listed in BDC 4.3.300(B) and a letter or narrative report documenting compliance with the applicable approval criteria contained in subsection (D)(2) of this section, Middle Housing Land Division Approval Criteria.

b. Remodels, additions and alterations to existing buildings and structures require evidence in the form of a written statement provided by a design professional licensed in the State of Oregon and including such professional’s stamp/seal and a site plan that demonstrates that all of the buildings and structures on a resulting lot or parcel comply with applicable building code provisions relating to the proposed property lines, and that all of the buildings and structures located on the lots or parcels comply with the Oregon Residential Specialty Code. Any structure built or building permit applied for prior to application for a middle housing land division would be considered existing for the purpose of this section.

(A) If the buildings and structures on a resulting lot or parcel are at least three feet from any proposed property line as measured from nearest vertical wall or building footprint, then the required written statement does not need to be by a design professional licensed in the State of Oregon with the professional’s stamp/seal.

c. A plan showing the following details:

i. Separate utility connections for each dwelling unit, demonstrating compliance with approval criterion in subsection (D)(2)(c) of this section.

ii. Existing or proposed easements necessary for each dwelling unit on the plan, demonstrating compliance with the criterion in subsection (D)(2)(d) of this section.

1. Expedited Land Division Approval Criteria. The applicant for an expedited land division must demonstrate that the application meets the criteria of BDC 4.3.300(E) and the following:

a. The expedited land division complies with each of the provisions of subsection (A) of this section.

2. Middle Housing Land Division Approval Criteria. The applicant for a middle housing land division must demonstrate that the application meets all of the following criteria:

a. The proposed, approved, or legally existing middle housing development meets the standards and regulations of the BDC applicable to the development on the parent site prior to the land division.

b. All of the existing and proposed buildings and structures on a resulting lot or parcel comply with applicable building code provisions relating to the proposed property lines, and all of the buildings and structures located on the lots or parcels comply with the Oregon Residential Specialty Code.

c. Separate utility service connections for public water and sewer will be provided for each dwelling unit.

d. The preliminary plat includes easements or tracts necessary for each dwelling unit for:

i. Locating, accessing, replacing, and servicing all utilities, a minimum of five feet in width;

ii. Pedestrian access easement a minimum width of four feet from each dwelling unit to a private or public street and to any required common area;

iii. Any common use areas or shared building elements:

iv. Any driveways or parking; and

v. Any common area.

e. The middle housing land division results in one dwelling unit on each middle housing lot.

f. Where a resulting lot or parcel abuts a street that does not meet City standards, street frontage improvements must be constructed in conformance with BDC 3.4.200(F), Minimum Rights-of-Way and Street Sections.

g. If the original lot or parcel did not previously provide the dedication needed to meet current standards, additional right-of-way in compliance with BDC 3.4.200, Table A, Right-of-Way Widths for Dedicated Public Roadways, must be dedicated to the City free and clear of all existing liens and encumbrances.

h. The type of middle housing developed on the parent site is not altered by a middle housing land division.

1. The following conditions of approval are required for a middle housing land division:

a. Further division of the resulting lots or parcels is not permitted.

b. Accessory dwelling units are not permitted on resulting lots or parcels from a middle housing land division.

2. The City must not attach conditions of approval that a resulting lot or parcel requires driveways, vehicle access, parking, or minimum or maximum street frontage.

1. Expedited Land Division Final Plat. Approval of a final plat for an expedited land is subject to BDC 4.3.400, Final Plat.

a. Approval of a final plat for a middle housing land division is subject to BDC 4.3.400, Final Plat, except as provided below.

b. A final plat will not be approved until building permits are issued for each dwelling unit on each lot or parcel.

c. Final occupancy for the middle housing dwelling units will not be approved until recordation of the final plat.

d. A notation must appear on the final plat indicating that the approval was given under ORS 92.031, Middle housing land division; conditions of approval.

e. A notice in the form of a restrictive covenant must be recorded with the county which states:

i. The middle housing lot or parcel cannot be further divided.

ii. No more than one dwelling unit of middle housing can be developed on each middle housing lot.

iii. Accessory dwelling units are not permitted.

iv. The dwelling developed on the middle housing lot or parcel is a unit of middle housing and is not an attached or detached dwelling unit or any other housing type.

f. The applicant must record with the County Recorder approved tracts and/or easements for locating, accessing, replacing, and servicing all utilities, which must include provisions that commit the owners or owners’ designee to maintain (i) all elements of the tract or easement, and (ii) any privately owned utility facilities within the tract or easement. The tracts or easements containing the maintenance provisions must be submitted to the County with the final plat.

g. The tentative approval of a middle housing land division is void if a final subdivision or partition plat is not recorded within three years of the tentative approval. [Ord. NS-2487, 2023; Ord. NS-2463, 2023; Ord. NS-2445, 2022. Formerly 4.5.200]