Planning commission backs code changes to allow two ADUs, second kitchen and detached "row houses"

The Bend Planning Commission on April 28, 2025 recommended that the City Council approve a package of text amendments to the Bend Development Code (PL Text 2025-0128) that would let single-family lots add up to two accessory dwelling units (ADUs), allow a second kitchen inside a primary dwelling under conditions, and create a new detached housing type staff calls "row houses." The recommendation was unanimous after the commission approved an amendment removing a requirement that one ADU be attached to the primary dwelling.

City staff said the three changes are intended to increase housing options and support council housing goals. Pauline Hardy, senior planner with the Community and Economic Development Department, told the commission the package grew from a June 2023 public workshop and subsequent council discussions and vetting with local developers and designers.

"We really enjoy the opportunity to bring forth innovative housing solutions," Rachel Baker, the city's housing division manager, said during the staff presentation. She added these options are intended to allow homeowners and small property owners to produce housing "despite market fluctuations."

Key provisions in the draft ordinance presented to the commission include: allowing a second kitchen inside the primary dwelling only if internal access to the main living area is maintained; allowing up to two ADUs on lots that contain a single detached dwelling with one ADU sized to a maximum of 800 square feet and the other capped at 500 square feet; and authorizing "row houses," defined in the draft as single‑unit detached dwellings that can be developed on smaller lots with a minimum side setback as low as 0 feet between the new units.

Staff said the second kitchen must be inside the primary dwelling (not in a detached structure), must meet building‑code requirements and is subject to a recorded compliance covenant to prevent conversion into an additional independent dwelling. On ADUs, staff described a sewer‑capacity check: if adding a second ADU would exceed the zone's maximum density, an applicant must provide a sewer analysis demonstrating main capacity for the additional unit.

Row houses are proposed for low‑ and medium‑density residential zones but not for the city's high‑density residential zone, staff said. The draft requires row houses to meet Oregon Residential Specialty Code construction rules and a set of design and driveway standards similar to townhomes; staff emphasized the proposed units must remain structurally independent from neighbors and will be treated as detached single‑unit dwellings under the code.

Public testimony included three speakers in favor. Architect Ryan Starr, who proposed the detached row‑house idea to staff, said the product lets smaller local owners build and sell units incrementally rather than rely on larger developers. Volunteer David Welton and resident Austin Mazzolini also urged approval, saying the changes would expand modest and starter housing options and support infill development.

Commissioners asked detailed questions about setbacks, fire ratings, where row houses would fit in Bend, whether ADUs count toward density, building‑code interactions and stormwater measurements for added units. Staff repeatedly noted that other code chapters and building‑code requirements would still apply and that some applications would trigger standard infrastructure reviews or system development charges when applicants use other development paths.

During deliberations the commission voted to amend the draft by removing the clause that required at least one of two ADUs to be attached to the primary dwelling; commissioners said the change provides more flexibility for different lot configurations. After adopting that amendment, the commission voted unanimously to recommend city council approve the amended draft findings and the package.

Staff told the commission the City Council public hearing is scheduled for June 4, 2025, with a second reading set for June 18, 2025. Staff estimated that, if approved at council, the amendments would take effect in mid‑July 2025 (staff cited July 18 as a likely effective date).

The commission closed the public hearing and forwarded the recommendation to City Council; final rules could still change during council review.

Votes at a glance: the commission approved a motion to recommend council approval of PL Text 2025‑0128 (motion text: "Recommend that city council approve the legislative amendments to the Bend Development Code to facilitate housing options based on the draft findings provided by staff.") and separately approved an amendment striking the requirement that one ADU be attached to the primary dwelling. Both votes were taken during the April 28 public hearing and were recorded as affirmative by the commission.