4.5.400 Employment Master Plans.
A. Purpose. The employment master plan is intended to provide a method by which the City may permit a variety of commercial and/or industrial development types, designs or arrangements that may not be permissible under traditional zoning regulations yet still provide for the ability to plan for full build-out of large employment centers. The employment master plan will provide a mechanism to achieve development which will contribute to the diversification of the City’s economic base.
B. Applicability.
1. Employment master plans in conformance with this section may be submitted for any property or combination of properties three acres or larger in size.
2. Employment master plans in conformance with this section are required for any property or combination of adjacent properties under common ownership totaling 20 acres or larger at the date of adoption of this code, unless exempted below.
3. Exemptions. Unless the applicant elects to apply for an employment master plan, the following are exempt:
a. 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.
b. The City determines that the master plan category is a community master plan or institutional master plan.
C. Review Process.
1. Minor Employment Master Plans. Minor employment master plans are processed as follows:
a. Step 1. The approval of a minor employment master plan (Type II process).
b. Step 2. Upon approval of the minor employment master plan, and prior to the commencement of Step 3, the applicant must submit a final minor employment master plan to the City in an electronic format specified by the City. The final minor employment 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).
2. Major Employment Master Plans. Major employment master plans are processed as follows:
a. Step 1. The Planning Commission makes a recommendation to the City Council on an application for major employment master plan. The text of a major employment 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 employment master plan, and prior to the commencement of Step 3, the applicant must submit a final major employment master plan to the City in an electronic format specified by the City. The final major employment master plan must depict the proposal as approved and must incorporate all conditions of approval contained in the decision. The major employment 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 employment master plan.
c. Step 3. The approval of a land division(s) and/or site plan review application(s) (Type II process).
D. Approval Criteria. The City may approve, approve with conditions, or deny the proposed employment master plan application based on meeting all of the following criteria:
1. The proposed land uses within the employment master plan must be consistent with the Bend Comprehensive Plan Map designations. If rearranging the plan designation locations and/or zoning are proposed as part of a major employment master plan application, the major employment 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 consistent with the allocations prescribed by the existing plan designations. Any 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.
2. 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 employment master plan. Where the applicant has proposed deviations to the above standards and/or zoning district requirements as part of a major employment master plan, the applicant has demonstrated:
a. 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
b. 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
c. That any impacts resulting from the deviation are mitigated to the extent reasonably practical.
3. 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.
4. The proposal complies with BDC Chapter 4.7, Transportation Analysis, and meets all the approval criteria in BDC Chapter 4.8, Transportation and Parking Demand Management (TPDM) Plan.
5. The employment master plan provides multimodal connections 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 existing and planned trail systems adjacent to the employment master plan are continued through the entire employment master plan.
6. The employment master plan, when located in an opportunity area and includes residential designated land, complies with the density and housing mix in BDC 4.5.200(E)(3).
7. In lieu of the approval criteria in BDC 4.6.300, Quasi-Judicial Amendments, major employment master plan applications that do not propose a Bend Comprehensive Plan amendment must demonstrate compliance with the following:
a. Approval of the request is consistent with the relevant Statewide planning goals that are designated by the Planning Director or designee; and
b. 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.
8. If the major employment 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).
9. If the major employment 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. Duration of Approval.
1. An approved employment master plan will remain valid indefinitely unless withdrawn by all owner(s) of property within the employment 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 employment master plan. Standards and regulations identified in the approved employment master plan will control all subsequent site development as long as the approved employment master plan is valid. If alternative standards and regulations are not specifically identified in the approved employment master plan, the applicable City standard at the time any development application is submitted will apply.
2. The duration of approval for an employment 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 employment 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 employment 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 (E) 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-2423, 2021; Ord. NS-2405, 2021; Ord. NS-2353, 2019; Ord. NS-2289, 2017]