What's allowed on that vacant lot? Better check the CCRs

            A recent approval of a significant change in Bend’s development code could have many single family homeowners digging around to read their CCRs again.

            Or others might be regretting that their neighborhood lacks the “covenants, conditions and restrictions” that establish building standards and additional requirements.

            On January 18, the Bend City Council gave final approval for a development code provision that allows duplexes and triplexes to be built on lots of sufficient size in areas of the city now zoned RS, or residential standard, which previously mandated only single family homes.

            With the new code provision, a duplex will be allowed on a lot of 6,000 square feet or larger, and a triplex on one of 9,000 or more. It would also be possible for the owner of an existing home to demolish it and build a duplex or triplex.

            A senior planner with the City of Bend said the city would not get involved in disputes between lot owners, builders or neighbors. If a lot meets the minimum size, the city would likely approve it.

            This leaves homeowners who might have a 6,000 or 9,000 foot unbuilt lot next door to rely on their neighborhood CCRs, which often restrict what can be built. In the case of Bend’s Awbrey Butte neighborhood, the city planner noted, CCRs would prohibit the multi-family buildings.

            The new code provision is intended as one strategy to improve availability of more affordable housing, as the median price of single family homes in Bend has risen to more than $428,000 for the 12 months of 2018.

            Some opponents of the measure argued that it does not take into consideration the character of individual neighborhoods or configuration and typography of vacant lots.

Mirror Pond silt solution=back to 1984

            When a major decision must be made that involves one of Bend’s most cherished landmarks it takes much discussion -- especially when those with a place at the table include the city parks agency, private real estate developers, a major utility, neighboring landowners, the City of Bend and conservation groups.

            But in the case of Bend’s “iconic,” as it’s often described, Mirror Pond the recent outcome after all the meetings, newspaper editorials, letters to the editor and community “outreach” the result was perhaps predictable.

            The decision appears to be once again to dredge the unnatural slackwater impoundment  of the Deschutes River for the first time since 1984.

            The pond has existed adjacent to Drake Park since earlier the last century, created by a small dam owned by Pacific Power on the north end at Newport Avenue. For decades silt has been building in the pond as water slows in it’s journey toward the dam.

            This time around as silt was reaching untenable levels a discussion of finding a way for the river to flow more naturally entered the agenda.

            But standing in the way of that solution was the dam, and the fact that the land under the river is owned by developer Bill Smith and Todd Taylor, head of a leading heavy equipment contracting firm. They formed Mirror Pond Solutions, and came out in favor of keeping the pond mostly as is, with dredging the linchpin of that strategy.

            Moreover, Pacific Power was reluctant to commit to removing or substantially changing flows through the dam, or the possiiblity of adding a fish passage.

            In a series of meetings and decisions last December the City of Bend, Parks and Recreation district, and Pacific Power each agreed to kick in $300,000 for dredging--to be combined with $300,000 in private donations obtained by Mirror Pond Solutions.

            The estimated cost of the project is $6.7 million, leaving a $5.2 million balance. To cover that Mirror Pond initially agreed to finance the remaining cost, which in turn has resulted in the city proposing to raise the “franchise fee” assessed to Pacific Power, currently at 5%, to carry the loan.

            Some Bend council members at first balked at the fee plan, arguing an additional percentage would be passed on to ratepayers. However, a Pacific Power representative said recently the company would negotiate with the city and hold the line on customer increases.