1996-01201-Ordinance No. 96-011 Recorded 1/11/1996REVIEWED
9C. -0102,01L LEG COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS 0XICJIICCMTY, OREGON
An Ordinance Amending Ordinance No.
80-216, the Bend Area General Plan,
as Amended, Establishing Policies for
the MUR, Mixed -Use Riverfront zone,
and Findings for the Mill Site Rede-
velopment for Mixed Use, and
Declaring an Emergency.
ORDINANCE 96-011
V r
LJ .y
0149-0384
WHEREAS, the Bend Urban Area Planning Commission recommended approval of the proposed
Policies and Findings under the Bend Area General Plan;
WHEREAS, the City Council of Bend has already adopted the attached Policies and Findings,
and the Bend Area General Plan Text changes require approval from both the City of Bend and Deschutes
County; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. The Bend Area General Plan, General Policies and Recommendations (page 6) is
hereby amended by adding a new section (14) to read:
14. Riverfront Redevelopment. A mixed-use area along the river is designated
for the redeveloping of the old mill sites. Care shall be taken to avoid land
use conflict and avoid creating higher environmental standards on existing
uses. Mixed-use development in this area shall be subject to facilities plan,
master plan, and design review to ensure high quality development, to
require compatibility with natural features of the site and to minimize
conflicts between uses.
Section 2. The Bend Area General Plan, beginning on page 48, is hereby amended to read:
Most of the existing industrial development in the planning area is located along the
north -south corridor through the City which has rail or highway access. The General
Plan recognizes this basic pattern and adds considerable amounts of industrial land on the
west side and at both the north and south edges of the City east of Highway 97. The
industrial area to the north adds considerable acreage to the section being developed by
the Bend Industrial District. Areas for heavy industrial development are symbolized in
ORDINANCE NO. 96-011..� ,,�� •� EYi ° ,,, ;gip
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this section because the site is of sufficient extent to permit lighter industrial uses or open
spaces as buffers between heavy industrial development and surrounding industrial uses.
Section 3. The Bend Area General Plan is hereby amended by adding a new section to read:
Mixed -Use Areas
Mixed-use areas shown on the General Plan map along the river are intended to
create the opportunity for the old mill sites to redevelop into more intensive urban
uses. This designation will allow the redevelopment of the old saw mill sites
providing for a mixture of uses with a framework that protects existing uses and
provides compatibility through a facility plan, master plan and design review
process.
The following policies shall guide mixed-use developments within the community.
1. Mixed-use development along the river in the old mill sites shall be subject
to facility plan, master plan, and design review processes that ensure: a) that
uses are compatible with each other or there is adequate separation and
buffering between incompatible uses; b) compatibility of development with
the natural features of the site; and, c) that development promotes pedestrian
and bike mobility and minimizes conflicts with vehicles.
2. Areas designated as mixed-use along the river shall be designed and
developed to achieve the following purposes:
* provide a variety of employment opportunities and housing types;
* foster pedestrian and other non -motor vehicle activity;
* ensure functionally coordinated, aesthetically pleasing and cohesive
site planning and design;
* ensure compatibility of mixed-use development with the surrounding
area and minimize off-site impacts associated with the development;
and
* encourage access to, and enjoyment of, the Deschutes River.
3. Designation of the Mixed-use Riverfront Plan category and corresponding
MR zoning along the Deschutes River shall not be used to justify rezoning
adjacent residential properties or neighborhoods to a mixed-use or
commercial zone.
Section 4. The Board recognizes the attached map marked Exhibit A as the location of the
proposed Mixed -Use Riverfront zone and is incorporated herein by reference.
Section 5. The Board adopts the City of Bend's Findings for the Mill Site Redevelopment for
mixed use, attached as Exhibit B and incorporated herein by reference.
ORDINANCE NO. 96-011 2
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Section 6. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES. The
repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line
on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish
any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred
under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such
ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition, penalty, forfeiture, or liability, and
for the purpose of authorizing the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
Section 7. This Ordinance being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
DATED this 10 day of , 1996.
ATTEST:
Recording Secretary
ORDINANCE NO. 96-011
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
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OF
EXHIBIT B 019._03&S
CITY OF BEND FINDINGS
MILL SITE REDEVELOPMENT FOR MIXED USE
These findings are intended to support the adoption of amendments to the Bend
Area General Plan and Zoning Ordinance No. NS -1 178 to allow and encourage
mixed-use development on the old mill sites adjacent to the Deschutes River.
PART I GENERAL PREAMBLE
The City finds that the potential redevelopment of approximately 200
acres of the Crown -Pacific and Shevlin Mill sites along the river is a significant
opportunity. These sites are in the center of the City and contain over a mile
of the Deschutes River frontage. The mills played a significant role in the
growth and development of Bend from 1915 to 1994 when Crown -Pacific shut
down and the majority of the structures were removed from the site.
The Crown -Pacific property was carried on the City inventory of industrial
land as developed and much of the Shevlin site was constrained due to deed
restrictions tied to the Crown -Pacific sawmill operation and was not available
for development.
The changes proposed will create a mixed-use designation specific to the
mill sites that will add commercial land and industrial land to the buildable
inventory. It will help to meet the needs of both buildable commercial and
industrial lands in the future. Current inventory and demand forecasts are
shown below:
Industrial and Commercial Land Needs 1995-2015
Commercial Industrial
Acres Acres
Employment based 615 410
Absorption 620 640
1995 Inventory of Buildable Acres
Commercial 555
Industrial 860
Difference -(60-65) + 220-450
The creation of a mixed-use riverfront zone will enable the property
owners to begin redevelopment of areas along the Deschutes River as a more
Findings for Mixed-use Riverfront Zone Page 1
urban area. The mixed-use development will emphasize all modes of
transportation and provide opportunities for jobs and housing to be created in
close proximity to one another. The redevelopment will also allow opportunities
for the public to have access along a scenic section of the river.
The development of a mixed-use zone will help to reinforce the historic
nature of the area as the major employment center of the community.
On page 3 of the Bend Area General Plan Transportation -Circulation
Element the Plan states:
In some areas, additional collectors beyond those
shown will need to be developed as the community
grows and their locations will be established as part of
the subdivision and project development review.
The closure of the Crown -Pacific sawmill and removal of many mill
buildings will enable the community to develop more north -south street
connections through the area east of the river. The extension of a collector
route from Colorado/Bond through the site to Brookswood will create a needed
north -south route between the Parkway and the river to connect downtown
with areas west of the Parkway. Without this new north -south route all
downtown bound traffic would have to be directed east to the Parkway or
Hwy. 97 before reaching downtown.
The traffic impacts from the development of the area as a mixed-use zone
will be created over 10-20 years as the area develops. A full transportation
analysis of the transportation impact of the mixed-use zone will be a component
of the master plan reviews. Adoption of the riverfront development designation
on the plan and the mixed-use zone will not change the functional classification
of an existing or planned facility. The development of a mixed-use zone
focused on the old mill sites and the riverfront will enable the community to
establish a master plan and design review process that will be based on
community objectives.
The redevelopment of the riverfront industrial property for a variety of
industrial, commercial and residential use is in the public interest. The design
review process will provide a process to protect the river features and afford
the opportunity for more access to and along the river.
Part II. STATEWIDE PLANNING GOALS
Goal 1: Citizen Involvement. Goal 1 calls for the development of a citizen
Findings for Mixed-use Riverfront Zone Page 2
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involved program that provides the opportunity for citizens to be involvement
in all phases of the planning process.
The MR zone was adopted following public workshops and hearings
before the Bend Urban Area Planning Commission. The Bend City Commission
also held public hearings on the MR zone.
Goal 2: Land Use Planning. Goal 2 establishes a planning process and policy
framework as the basis for land use decisions.
The text of the Bend Area General Plan is being amended to authorize
mixed-use zoning of the old mill sites adjacent to the Deschutes River. The
mixed-use development in this area shall be subject to approval of facilities
plans, conceptual Master Plans, and design review. The factual basis for the
creation of the MR zone and applying that zone to the mill sites is contained in
the record of the Bend Urban Area Planning Commission and the City
Commission and is summarized in these findings.
Goal 5. Open Space, Scenic and Historic Areas, and Natural Resources. Goal
5 requires the conservation of open space and the protection of natural,
historic, cultural and scenic resources. The MR zone supports this goal in the
following ways:
The Building and Site Development standards of the MR zone require that
property within 100 feet of the ordinary high water mark of the Deschutes
River shall comply with the City's Deschutes River Corridor Design Review
standards and process and any fill or removal of material or vegetation within
the bed or banks of the river must comply with the City's fill and removal
standards.
The MR zone requires that riparian vegetation within the bed and banks
of the river must be retained to the maximum extent practicable.
The MR zone limits the types of structures that can be placed within 40
feet of the river thereby ensuring open space along the river and further requires
that open spaces be incorporated into the master plan design.
The "Mill A" building and "Crane Shed" building along Industrial Way are
on the national and local inventory of historic buildings. Any physical changes
to these buildings will be reviewed by the local Historic Landmarks Commission
and the MR zone does not change this review process.
Goal 6. Air, Water and Land Resources Quality. Goal 6 calls for maintaining
and improving the quality of the air, water and land resources of the state.
Findings for Mixed-use Riverfront Zone Page 3
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Although the old saw mills were significant factors in the economic
development of the Bend area, they also were sources of discharges to the air,
water, and land.
The MR zone requires that all drainage from impervious surfaces must be
retained on-site and "not directly connected to a surface stream or canal."
The MR zone relies on a master plan and design review process to ensure
the livability of residential areas. The Building and Site Development Standards
of the MR zone require that there be "no emission of odorous, toxic, noxious
matter, or dust in such quantities from industrial operations as to be readily
detectable along or outside the MR zone boundary as to produce a public
nuisance or hazard.
Goal 7: Areas Subject to Natural Hazards. The purpose of this Goal is to
protect life and property from natural disasters and hazards.
Some property within the boundary of the MR zone is within the 100 year
flood plain. The City's flood plain ordinance complies with federal requirements
for flood protection and flood proofing of structures. These ordinance
requirements are not changed by the MR zone.
Goal 8: Recreational Needs. Goal 8 calls for satisfying the recreational needs
of the citizens of the state and visitors and to provide for siting necessary
recreational facilities.
Property within the proposed MR zone is not designated as open space
or park land in the Bend Area General Plan. Although this goal does not apply
to the MR area, one purpose of the zone is to encourage access to, and
enjoyment of, the Deschutes River.
Goal 9: Economy of the State. Goal 9 requires an analysis of industrial and
commercial land needs and to maintain an adequate inventory of suitable sites
to meet such needs.
The area proposed for the MR zone covers land on both sides of the
Deschutes River that was previously planned and zoned for industrial
development.
The City inventoried industrial and commercial lands within the urban area
in 1992 and forecast needed vacant acreage to accommodate expected
growth. Although the MR zone and plan designations change the industrial
designation of the area there has still been a net increase in available acreage
since the 1992 inventory.
Findings for Mixed-use Riverfront Zone Page 4
019-0392
In the 1992 inventory the DAW/Crown Pacific properties were considered
fully built and committed and 45 acres of vacant Brooks Resources land on the
west side of the river was considered unavailable for development due to
agreements with DAW. With the closure of the saw mill in 1994 and change
in ownership of the Brooks property some acreage previously considered
committed or unavailable can now be counted as available for industrial
development. A summary of change in industrial acreage calculations for the
MR zone and remaining mill site area are:
Time Frame
Net Buildable Acres
1992 inventory 51
1994 After mill shut down 144
1995 After deed restrictions and 194
other constraints are lifted
1995 After MR zone adopted 98
Approximately 96 acres of land within the MR zone will develop as non-
industrial uses, primarily commercial uses. The most recent (1994-95)
commercial lands inventory and forecast of needs shows that there is a
shortage of commercial land to meet the needs during the 20 year planning
period. The conversion of previously zoned industrial land to the Mixed-use
Riverfront zone will add needed acreage to the commercial lands inventory.
Goal 10: Housing. This goal requires communities to meet the expected
housing needs of their residents.
Adoption and mapping of the MR zone does not remove any property
from the inventory of buildable residential land. The MR zone permits outright
a wide range of residential types and therefore supports the Housing Goal.
Goal 11: Public Facilities and Services. Goal 11 requires planning and
development of a timely, orderly, and efficient arrangement of public facilities
and services for urban level development.
The MR zone is within the urban growth boundary and urban level water,
sewer, and street facilities are available to the MR zoned lands. Before
development can occur within the MR zone the owners must submit a Facilities
Plan showing how water, sewer, and transportation facilities will be provided
through the site to serve the expected uses and how such systems will tie in
with existing or planned facilities.
Goal 12: Transportation. Goal 12 provides for a safe, convenient, and
efficient transportation system.
Findings for Mixed-use Riverfront Zone Page 5
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The adoption of the MR zone and related additions to the General Plan
text for mixed uses does not change the functional classification of
transportation facilities within or adjacent to the mapped MR area. The required
facilities plan review for street systems will show the corridors and types of
planned and proposed public streets through the MR zoned area.
The MR zone provides for three levels of review. The facilities plan will
show how the area will develop with utilities and roads. The master plan will
allocate areas within the MR zone for specific development proposals, and
design review will deal with specific buildings and uses. The approval of the
facilities plan must be consistent with the transportation system plan. This
process requires the level of development to be consistent with the
transportation rule and goal.
Goa/ 13: Energy Conservation. This goal calls for the development of land
uses in a pattern that maximizes the conservation of energy.
The MR zone promotes the reuse of vacant or underutilized land in the
middle of the City of Bend. The MR zone allows for substantial new
commercial, industrial, and residential development in an area already served
by urban level facilities. The MR zone therefore reduces the need to expand
such facilities and services into new areas.
The mixed-use concept of the MR zone will provide opportunities for
people to live, work, and shop in the same area and to provide similar work or
employment opportunities for residents in the existing neighborhoods adjacent
to the zone. The opportunities bringing homes, jobs, and services close
together may reduce the reliance on cars and save energy.
The MR zone further satisfies this goal by promoting pedestrian and bike
facilities. One of the design objectives for a required Master Plan is "[p]roviding
pedestrian access and movement to and through the site in a manner that
maximizes foot traffic exposure to goods and services and minimizes conflicts
with vehicle access areas."
Goa/ 14: Urbanization. Goal 14 requires an orderly and efficient transition from
rural to urban uses.
The MR zone provides for urban level development within an established
urban growth boundary and complies with Goal 14.
Findings for Mixed-use Riverfront Zone Page 6
PART III BEND AREA GENERAL PLAN 0149-0394
General Policies
The ordinance adds a new General Policy 14 relating to Riverfront
Redevelopment. The MR zone is consistent with and supportive of other
General Policies and Recommendations for the reasons set forth below under
the various elements of the Bend Area General Plan.
Open Lands - Areas of Special Interest
The Deschutes River is recognized by the Bend Area General Plan as an
Area of Special Interest. Policies of the General Plan relating to Areas of
Special Interest and to Fish and Game require: (1) preserving the banks and
canyons of the Deschutes River as public or private open space; (2) conserving
the existing riparian zone along the Deschutes River; and (3) promoting public
access to the river. These policies are implemented through the Deschutes
River Corridor Design Review combining zone (Section 22A). The standards of
the MR zone require all development within 100 feet of the ordinary high water
mark of the Deschutes River to comply with Section 22A.
In addition, the planning and design objectives of the MR zone call for
"[e]ncouraging access to and enjoyment of the Deschutes River" and the
landscaping and open space plan for development in the MR zone must "[detain
and conserve riparian vegetation within the bed and banks of the Deschutes
River and adjacent to the river to the maximum extent practicable." The MR
zone therefore supports the Open Lands policies regarding the Deschutes River.
Residential, Commercial and Industrial Areas
The MR zone is not intended to separate uses but rather to combine
residential, commercial, and industrial uses within the same development.
However, the MR zone is consistent with the intent of policies in this section
requiring that adequate water, sewer, and transportation facilities be available,
and that conflicts among different uses be avoided. Specifically, the MR zone
requires approval of a facilities plan that shows how water, sewer, and roads
will be provided, and requires approval of a master plan for the layout and inter-
relationship of uses.
The MR zone does not allow all types of residential, commercial, and
industrial uses. Rather, the permitted uses have been carefully selected to
encourage a mix of uses that can be located in close proximity to one another
and that will be mutually supportive. In addition, the MR zone incorporates
planning and design objectives that call for "[r]educing to a minimum any
Findings for Mixed-use Riverfront Zone Page 7
0149-0395
negative impacts of proposed uses on adjacent properties on adjacent
properties and ensure the livability of residential areas when applicable." The
MR zone allows certain residential, commercial, and industrial uses in close
proximity under standards intended to ensure that the uses are compatible and
supportive. New "Mixed -Use" descriptive wording and policies have been
added to the General Plan text to establish the purpose and standards for
mixed-use development of the old mill sites along the Deschutes River.
Parks and Recreation
Most of the Parks and Recreation policies concern public acquisition and
development of land for parks and recreation trails, and therefore are not
directly applicable to the City's action in adopting and mapping the MR zone.
However, the MR zone is consistent with Policy #25 under Statement of Intent
of the Plan: "The community shall make a concerted effort to preserve access
to the river and to augment the river park system whenever possible." The MR
zone supports this goal by including a planning and design objective for master
development plans that calls for "[e]ncouraging access to and enjoyment of the
Deschutes River."
Community Appearance
The MR zone supports the plan policies with respect to Community
Appearance by requiring that all new development within 100 feet of the
ordinary high water mark of the Deschutes River comply with setback and
design review standards, and further, by requiring all development within the
MR zone to development and design review.
Public Information and Participation
The adoption and mapping of the MR zone and General Plan amendments
were based on public work sessions and public hearings before the Bend Urban
Area Planning Commission, and subsequent hearings before the Bend City
Commission. In addition, there were numerous articles in the local newspaper
about plans to redevelop the old mill sites along the river. These news articles,
work sessions, and hearings provided an opportunity for all interested citizens
to understand the proposal and to participate in the planning process.
June 1, 1995
Q:\pin\genplan\findings.mur
Findings for Mixed-use Riverfront Zone Page 8
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CITY OF BEND SUPPLEMENTAL FINDINGS
MILL SITE REDEVELOPMENT FOR MIXED USE
Goal 12: Transportation
Goal 12 calls for providing and encouraging a safe, convenient and
economic transportation system. Goal 12 is implemented by the Transportation
Planning Rule, OAR Chapter 660, Division 12. OAR 660-12-060(1) provides:
"Amendments to functional plans, acknowledged comprehensive
plans, and land use regulations which significantly affect a
transportation facility shall assure that allowed land uses are
consistent with the identified function, capacity, and level of service of
the facility. This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the
planned function, capacity and level of service of the transportation
facility;
(b) Amending the TSP to provide transportation facilities
adequate to support the proposed land uses consistent with the
requirements of this division; or
(c) Altering land use designations, densities, or design
requirements to reduce demand for automobile travel and meet travel
needs through other modes."
Under OAR 660-12-060(2), a plan or land use regulation amendment is
deemed to "significantly affect" a transportation facility (i.e., any physical facility that
moves or assists in the movement of people or goods) if it:
"(a) Changes the functional classification of an existing or
planned transportation facility;
(b) Changes standards implementing a functional
classification system;
(c) Allows types or levels of land uses which would result in
levels of travel or access which are inconsistent with the functional
classification of a transportation facility;
(d) Would reduce the level of service of the facility below the
minimum acceptable level identified in the TSP."
Supplemental Findings for Mixed Use Riverfront Zone Page 1
0149- 0 3 '
The adoption and mapping of the MR zone involves amendments to both the
acknowledged comprehensive plan (the Bend Area General Plan) and to the land
use regulations. The MR zone does not change the functional classification of
transportation facilities or the standards implementing a functional classification
system. However, the nature of the MR zone makes it difficult to determine
whether mixed use development would allow types or levels of land uses
inconsistent with the functional classification of a transportation facility or would
reduce the level of service of the facility below the minimum acceptable level.
Mixed use development under the MR zone will be approved through master
development plans; the zoning ordinance does not prescribed the ultimate density
or mix of uses. Without proper controls, mixed use development has the potential
to significantly affect transportation facilities.
The standards for the MR zone address this concern by requiring that
property owners submit a Facilities Plan for approval prior to or concurrent with
submitting a Master Development Plan. The Facilities Plan must show how the
area to be developed will be served by existing and planned roads and how the
street system will be adequate to serve the type and size of planned development.
The Facility Plan can be approved only if determined to be consistent with the
Bend Area Comprehensive Plan, Transportation and Circulation Element. The
Master Plan, required for any development in the MR zone, must demonstrate that
the types and levels of land uses are consistent with the planned function, capacity
and level of service of the transportation facilities in the Facility Plan. In other
words, the MR zone directly limit[s] allowed land uses to be consistent with the
planned functions, capacity and level of service of the transportation facility." By
the very terms of the zone, therefore, the mixed use development must be
consistent with the Transportation Planning Rule and Goal 12.
Supplemental Findings for Mixed Use Riverfront Zone
Page 2