4.5.200 Community Master Plan | Bend Development Code

4.5.200 Community Master Plan.

A. Purpose. The community master plan is intended to provide complete neighborhoods with varied housing options, services, and amenities needed for daily living, including public schools, parks and open spaces, shops, and services, all within a convenient walking or biking distance. The community master plan is also intended to provide convenient access to public transportation and employment areas.

1. Community master plans in conformance with this section may be submitted for any property or combination of properties three acres or larger in size.

2. Community master plans are required for any property or combination of adjacent properties under common ownership totaling 20 acres or larger unless exempted below.

i. When a property is 40 acres or larger and is part of a proposed land division or property line adjustment application where all the proposed lots/parcels will be 20 acres or larger, a community master plan will not be required until further development is proposed for the newly created lots/parcels; however, lots or parcels smaller than 20 acres may be created and developed prior to an approved community master plan application if they are intended for schools and/or parks.

ii. When a property is 20 acres or larger and a majority of it includes an existing development (e.g., golf course), a community master plan will not be required unless there are two land division applications submitted of the parent property within a five-year period. A community master plan will be required to be processed prior to submitting the second land division application during the five-year period.

iii. The City determines that the master plan category is an institutional master plan or employment master plan.

iv. The property is part of a special planned district in BDC Chapter 2.7, Special Planned Districts, Refinement Plans, Area Plans and Master Plans. Properties that are part of an approved area plan must comply with the approval criteria of this chapter in addition to the land division or site plan review criteria at the time of development.

v. The property is part of a master plan or planned unit development approved prior to April 14, 2017, and remains in effect or has initiated the use according to BDC 4.1.1315.

1. Needed Housing. If the community master plan includes needed housing as defined by State statutes, the written narrative submitted with the community master plan application must clearly state whether the applicant is electing to use a process with clear and objective standards (minor master plan) or is electing to use a deviation process with changes proposed to one or more of the Bend Development Code standards and/or zoning district requirements and/or with changes proposed to the Bend Comprehensive Plan Map designations and/or zoning (major master plan).

2. Minor Community Master Plans. Minor community master plans are processed as follows:

a. Step 1. The approval of a minor community master plan (Type II process).

b. Step 2. Upon approval of the minor community master plan, and prior to the commencement of Step 3, the applicant must submit a final minor community master plan to the City in an electronic format specified by the City. The final minor community master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision.

c. Step 3. The approval of a land division(s) and/or Site Plan Review application(s) (Type II process).

3. Major Community Master Plans. Major community master plans are processed as follows:

a. Step 1. The Planning Commission makes a recommendation to the City Council on an application for a major community master plan. The text of a major community master plan must be included in BDC Chapter 2.7, Special Planned Districts, Refinement Plans, Area Plans and Master Plans, in compliance with BDC Chapter 4.6, Land Use District Map and Text Amendments. The City Council is the final review authority on such applications (Type III process).

b. Step 2. Upon approval of the major community master plan, and prior to the commencement of Step 3, the applicant must submit a final major community master plan to the City in an electronic format specified by the City. The final major community master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision. The major community master plan denotation for the subject site will be shown on the Zoning Map. The denotation on the Zoning Map may be added or removed administratively by staff upon approval or withdrawal of the major community master plan.

c. Step 3. The approval of a land division(s) and/or site plan review application(s) (Type II process).

1. Minor or Major Community Master Plan. The City may approve, approve with conditions, or deny a proposed minor or major community master plan application based on meeting all of the following criteria:

a. The community master plan complies with subsection (E) of this section, Standards and Regulations.

b. Existing water and sewer facilities have adequate capacity to serve the proposed development in compliance with the Collection Systems Master Plan and the Water System Master Plan, latest editions, or adequate facilities will be installed prior to occupancy or use.

c. The community master plan complies with BDC Chapter 4.7, Transportation Analysis.

2. Minor Community Master Plan. In addition to the approval criteria in subsection (D)(1) of this section the City may approve, approve with conditions, or deny a proposed minor community master plan application based on meeting all of the following criteria:

a. The community master plan land uses and densities are consistent with the Bend Comprehensive Plan Map designations.

b. The applicant has demonstrated how the standards and regulations contained in BDC Title 2, Land Use Districts, and BDC Title 3, Design Standards, can be met through future site plan review or land division applications.

3. Major Community Master Plan. In addition to the approval criteria in subsection (D)(1) of this section the City may approve, approve with conditions, or deny a proposed major community master plan application based on meeting all of the following criteria:

a. The community master plan land uses and densities must be consistent with the Bend Comprehensive Plan Map designations. If rearranging the plan designation locations and/or zoning is proposed as part of the master plan application, the master plan must retain the same total area of all plan designations on the subject site or within one percent of the same total acreage and maintain the density/housing numbers consistent with the allocations prescribed by the existing plan designations except as provided in subsection (E)(3) of this section. Any other changes to the plan designations and density/housing numbers, or other changes to the Comprehensive Plan Map designations, require a Comprehensive Plan and Zoning Map amendment to be processed concurrently in accordance with BDC Chapter 4.6, Land Use District Map and Text Amendments.

b. The applicant has demonstrated that the standards and zoning district requirements contained in BDC Title 2, Land Use Districts, and BDC Title 3, Design Standards, are capable of being met during site plan or land division review, except as proposed to be modified by the applicant as part of a major community master plan. Where the applicant has proposed deviations to the above standards and/or zoning district requirements, the applicant has demonstrated:

i. That granting a deviation to the BDC standards and/or zoning district requirements will equally or better meet the purpose of the regulation proposed to be modified; or

ii. That granting a deviation to the BDC standards and/or zoning district requirements is necessary due to topographical constraints or other unique characteristics of the property or specific development type proposed by the master plan; and

iii. That any impacts resulting from the deviation are mitigated to the extent reasonably practical.

c. In lieu of the approval criteria in BDC 4.6.300, Quasi-Judicial Amendments, major community master plan applications that do not propose a Bend Comprehensive Plan amendment must demonstrate compliance with the following:

i. Approval of the request is consistent with the relevant Statewide planning goals that are designated by the Planning Director or designee; and

ii. Approval of the request is consistent with only the relevant policies of the Bend Comprehensive Plan Chapter 11, Growth Management, that are designated by the Planning Director or designee.

d. If the major community master plan proposal contains a zone change request to bring the zoning into compliance with the Bend Comprehensive Plan designation, the zone change is subject to the approval criteria of BDC 4.6.300(C).

e. If the major community master plan proposal contains a proposed amendment to the Bend Comprehensive Plan Map or text, the amendment is subject to the approval criteria of BDC 4.6.300(B).

E. Standards and Regulations. Minor and major community master plans must comply with the following standards:

1. Access to Commercial Goods and Services. Access to commercial goods and services must be provided in compliance with the following standards:

a. The community master plan must have access to commercial goods and services by walking or biking a distance not greater than a one-half mile radius measured from all points along the perimeter of the master plan boundary to any land planned, zoned or developed for one or more such services. Such commercial uses may be provided within nearby neighborhoods or nonresidential districts as long as the minimum distance standard is met. In satisfying such distance standard, commercial goods and services that are not accessible by walking or biking because of physical or geographic barriers (e.g., rivers, Bend Parkway, canals, and railways) may not be used. Except for minor community master plans that are proposing needed housing as defined by state statutes, the Review Authority may find that this provision is met when the commercial uses are located further away than one-half mile but the purpose and intent of providing reasonable access to the commercial uses has been met.

2. Multimodal Connections. Multimodal connections must be provided on site in compliance with the City of Bend Transportation System Plan (TSP) and the Bend Parks and Recreation District Parks, Recreation, and Green Spaces Comprehensive Plan, latest editions, and the existing and planned trail systems adjacent to the community master plan must be continued through the entire community master plan.

3. Housing Density and Mix. Community master plans 20 acres or larger must provide a mix of housing types and achieve minimum housing densities in conformance with the standards of subsections (E)(3)(a) and (b) of this section. To the extent that the Bend Comprehensive Plan Chapter 11, Growth Management, proposes a different mix of housing and/or density standards in the specific expansion area policies, then those policies apply.

a. Density Calculations and Exceptions. Minimum and maximum densities must be calculated in conformance with BDC 2.1.600(C), except as follows:

i. Public and Institutional Uses and Miscellaneous Uses in Opportunity Areas. In opportunity areas as shown in the Bend Comprehensive Plan Figure 11-1, a maximum of 20 acres of residential designated land proposed for public and institutional uses and miscellaneous uses (BDC Table 2.1.200) may be excluded from the density calculation and housing mix. The density for the 20 acres must be taken from the residential designation with the lowest maximum density standard in the opportunity area. The master plan must provide the density and housing mix for the residential designated property in excess of 20 acres. No more than 20 acres may be exempted from the density and housing mix in an opportunity area;

ii. Open Space. Open space in compliance with subsection (E)(4) of this section may be excluded from the applicable density calculation; and

iii. Comprehensive Plan Designations. Land designated as Commercial, Mixed-Use, Industrial and Public Facilities may be excluded from the applicable density calculation.

b. Minimum standards are as follows:

i. RL Comprehensive Plan Designation. At least 50 percent of the maximum gross density of the RL Comprehensive Plan designation, with middle housing and/or multi-unit residential housing units comprising at least 10 percent of total housing units.

ii. RS Comprehensive Plan Designation. At least 70 percent of the maximum gross density of the RS Comprehensive Plan designation, with middle housing and/or multi-unit residential housing units comprising at least 10 percent of total housing units.

iii. RM Comprehensive Plan Designation. At least 60 percent of the maximum gross density of the RM Comprehensive Plan designation, with middle housing and/or multi-unit residential housing units comprising at least 67 percent of total housing units.

iv. RH Comprehensive Plan Designation. The minimum density of the RH Comprehensive Plan designation applies. Single-unit detached dwellings are not permitted in the RH Zone.

(A) Density and housing mix transfers are permitted within the major community master plan boundary when the major master plan is 20 acres or larger; however, the density and housing mix standards of this section shall not be reduced through the major community master plan process.

(B) Density and housing mix transfers are permitted for major master plans that are 20 acres or larger in an opportunity area as follows:

(1) The density and housing mix required for RS, RM and RH plan designated areas may be transferred within the opportunity area; and

(2) The density and housing mix required for RS plan designated areas may be transferred within a walking or biking distance not greater than one mile from the boundary of the opportunity area on existing travel routes (multimodal street or designated multi-use pathway) or any planned travel route shown within the Transportation System Plan. If the density and housing mix for the RS plan designation is transferred to a property not contemplated for residential development under the Comprehensive Plan (i.e., publicly owned properties with a residential plan designation that were not considered available for residential development under the Buildable Lands Inventory), then the receiving property need only provide the number of housing units transferred or the minimum RS density standards, whichever is greater.

(a) As a condition to approval of any density and housing mix transfer to one or more receiving properties pursuant to this section, the owner(s) of the receiving property(ies) must enter into a written agreement in a form acceptable to the City that will be binding upon the parties to the agreement and all successors in interest and that will run with the land. The agreement must specify the number of dwelling units and housing mix for the RS plan designated areas to be transferred (the stated density may not exceed the maximum permitted density of the Comprehensive Plan designation of the receiving property(ies)). After endorsement of the agreement by the City, the fully executed agreement must be recorded in the Deschutes County Official Records. The agreement’s execution and recordation must take place prior to final master plan approval for the transferring property.

4. The community master plan must contain a minimum of 10 percent of the gross area as public or private open space such as parks, pavilions, squares and plazas, multi-use paths within a minimum 20-foot-wide corridor, areas of special interest, tree preservation areas, or public and private recreational facilities and must comply with the following:

a. The open space area must be shown on the conceptual site plan and recorded with the final plat or separate instrument.

b. The open space must be conveyed in accordance with one of the following methods:

i. By dedication to the Park District or City as publicly owned and maintained open space. Open space proposed for dedication to the Park District or City must be acceptable with regard to the size, shape, location, improvement, environmental condition, and budgetary and maintenance abilities; or

ii. By leasing or conveying title (including beneficial ownership) to a corporation, owners association or other legal entity. The terms of such lease or other instrument of conveyance must include provisions (e.g., maintenance, property tax payment, etc.) acceptable to the City. Private open space must be located in a tract and include an open space easement.

c. Adequate guarantee must be provided to ensure permanent retention of common open space and recreation areas which may be required as conditions of approval.

d. The open space must be open to the public and must not be fenced-off unless it is related to a park or approved public or private recreational facility including, but not limited to, tennis courts, swimming pools, driving ranges and ball fields.

1. An approved community master plan will remain valid indefinitely unless withdrawn by all owner(s) of property within the community master plan. The City may deny withdrawal when a switch to otherwise applicable standards would not be in the public interest because of sufficient development under the community master plan. Standards and regulations identified in the approved community master plan will control all subsequent site development as long as the approved community master plan is valid. If alternative standards and regulations are not specifically identified in the approved community master plan, the applicable City standard at the time any development application is submitted will apply.

2. The duration of approval for a community master plan must coincide with the timeline outlined in the approved phasing plan and in accordance with the time frames studied in the transportation analysis and water and sewer capacity analysis for the community master plan. Site plan review or land division applications submitted consistent with or earlier than as provided in an approved phasing plan will not require an updated transportation analysis and water and sewer capacity analysis as part of the development application. Infrastructure capacity may be reserved for the community master plan site for up to 15 years or as specified in an approved phasing plan.

3. The time period set forth in this subsection (F) will be tolled upon filing of an appeal to LUBA and must not begin to run until the date that the appellate body has issued a final order. [Ord. NS-2463, 2023; Ord. NS-2445, 2022; Ord. NS-2423, 2021; Ord. NS-2405, 2021; Ord. NS-2353, 2019; Ord. NS-2289, 2017]