The applicant shall submit the original application form and
five copies; one reproducible copy and 10 copies of the tentative
plan; one original and five copies of a written narrative; the written
narrative shall also be provided in a word processing format accessible
by the City and emailed to the City Recorder (a pdf file format is
not acceptable); one set of Assessor’s maps; and the appropriate
filing fees to the City Recorder. No partition final plat may be accepted
by the City until the Planning Commission has approved the tentative
plan. The application and tentative plan materials shall include the
following information:
B. Names,
addresses and telephone numbers of the landowner(s), developer(s)
and mortgagee(s), the engineer or surveyor;
C. North
arrow, scale and date of preparation;
D. Deed
showing the owner of the subject property and a legal description
of the subject property;
E. Statement
of proposed use for each parcel;
F. Location,
width and improvements of the street(s) serving the parcel;
G. Location
and size of public services to the proposed parcels, including, but
not limited to, sanitary sewer, storm sewer, and water, including
the associated facilities such as fire hydrants, pumps, pump stations,
vaults, manholes, valves, and catch basins;
H. Location
of building(s) to be demolished and to remain, slope of the land,
drainage ways, natural features (marshes, rock outcroppings, trees,
etc.) and easements;
I. The
proposed parcel lines, dimensions and area of all proposed parcels;
J. Any
areas within the 100 year floodplain;
K. Tax
lot, Assessor’s map number, township and range of the subject
property;
L. One
set of full size (about two feet by two feet) Assessor’s maps
covering the subject property and the notification area around the
subject property;
M. Location
and size of private utilities, including power, telephone, natural
gas and cable, and their associated facilities;
N. A written
narrative stating how the proposed partition meets the Development
Code requirements;
O. The
use of the properties abutting the subject property;
P. Other
information deemed by the City to be necessary, including, but not
limited to, a traffic impact analysis, wetlands analysis, geo-technical
analysis, homeowners association by-laws, and conditions, covenants
and restrictions.
(DC § 9.010; Ord. 536 § 4, 1993; Ord. 668 §
1, 2010)
The application shall be reviewed by the City to determine if
it is complete.
(DC § 9.020; Ord. 668 § 1, 2010)
A. The
Planning Commission shall consider the proposed partitioning in a
Type A procedure at a meeting (no public hearing required). The Planning
Commission may approve, approve with conditions or deny the application.
The Planning Commission shall adopt findings and conclusions in support
of the decision.
B. The
Planning Commission shall deny an application for partitioning when
it appears the partitioning is part of a plan or scheme to create
more than three parcels over time without going through the subdivision
process, or is part of a development pattern having the effect of
creating more than three parcels over time without subdividing.
(DC § 9.030; Ord. 668 § 1, 2010)
A. The
applicant shall submit a mylar final plat to the City. The mylar final
plat shall comply with the tentative plan approval, the Development
Code, Oregon Revised Statute 92, Subdivisions and Partitions, and
Oregon Revised Statute 209, County Surveyors, and any Marion County
Surveyor’s Office requirements.
B. Filing
or recording of separate legal documents to achieve compliance with
the tentative plan or Development Code may be permitted by the City
Recorder when it can be shown that placing such information on the
final plat is not required to achieve compliance with the tentative
plan or the Development Code. When a separate legal document is filed
describing a geographically based restriction (such as an easement)
the described areas shall be marked with a colored ink (other than
black), on the City’s paper copies of the final plat. A description
of, or reference to, any other restrictions attached to the partition
shall also be noted on the City’s paper copies.
(DC § 9.050; Ord. 668 § 1, 2010)
A property line adjustment may be processed with a site plan
approval. After the site plan approval, a draft survey of the adjusted
property line shall be submitted to and reviewed by the City to ensure
it complies with the Planning Commission’s site plan decision
and then recorded by the applicant at the County Surveyor’s
Office.
(DC § 9.060; Ord. 668 § 1, 2010)
Prior to recordation with the recording officer of Marion County,
the applicant shall provide to the City Recorder two full size paper
copies (about 18 by 22 inches) of a draft partition final plat prepared
by the surveyor. If the draft is in compliance with the tentative
plan approval, and all required public facility improvements have
been completed the City Recorder will notify the applicant it is in
compliance and the surveyor may prepare the mylar final plat. If it
is not in compliance, the City Recorder shall notify the applicant
of the needed changes. The applicant shall submit the mylar final
plat to the City Recorder and if it complies with the tentative plan
approval, the City Recorder may sign the final plat in the signature
block, designating the City’s approval of the final plat. The
signed mylar final plat shall be forwarded to the County Surveyor
for review and forwarded to the County Recorder for recording. No
later than two weeks after the recording the applicant shall submit
to the City two full size paper copies of the recorded final plat
for the City’s files. The City shall issue no building permit,
construction permit or other permit for the properties shown on the
final plat until the City receives the two paper copies of the recorded
final plat.
(DC § 9.070; Ord. 668 § 1, 2010)
The applicant shall submit a sketch to the city recorder of
a tentative scheme for the layout of the property to be subdivided.
Following preliminary consultation, the applicant may proceed to prepare
a preliminary plat for submission to the Planning Commission.
(DC § 9.110)
The applicant shall prepare a tentative plan and other supplemental
material as may be required to indicate the general program and objectives
of the project, and shall submit the tentative plan and supplemental
materials to the City Recorder with the appropriate fee.
(DC § 9.120; Ord. 536 § 4, 1993; Ord. 668 §
1, 2010)
The Planning Commission shall consider the proposed preliminary
subdivision plat in a Type B procedure at a regular meeting (notification
and hearing requirements must be met). The Planning Commission, when
considering the request, may deny, approve, or approve with conditions.
As in any action of the Planning Commission, findings and conclusions
must be made supporting the decision.
(DC § 9.125)
The preliminary plat shall include the following information:
A. The
date, scale, north point, legend, and controlling topography such
as creeks, ditches, highways, and railroad rights-of-way;
B. Legal
description of the tract boundaries;
C. Location
of subdivision by section, township and range, and a legal description
sufficient to define the location and boundaries of the proposed tract
or the tract designation or other description according to the real
estate records of the County Assessor;
D. Names
and addresses of owner(s), subdivider, and engineer or surveyor;
E. Vicinity
Map. If the detailed map does not show the following information,
a vicinity map at a small scale (400 feet to the inch) shall be prepared
showing:
1. All
existing subdivision, streets and tract lines of acreage land parcels
immediately adjoining the proposed subdivision and between it and
the nearest existing major streets,
2. Name
of the record owners of all contiguous land parcels,
3. How
streets and alleys in the proposed subdivision may connect with existing
proposed streets and alleys in neighboring subdivisions, or undeveloped
property, to produce the most advantageous development of the entire
neighborhood area;
F. Detailed
Map. The preliminary plat shall be drawn at a scale of one inch equals
50 feet or one inch equals 100 feet, or for areas over 100 acres,
one inch equals 200 feet;
G. General
Information. The following general information shall be shown on the
preliminary plat:
1. Name
of the subdivision; this name must not duplicate nor resemble the
name of another subdivision in the same county and shall be approved
by the Marion County Clerk,
2. Date,
north point, and scale of drawing;
H. Existing
Conditions. The following existing conditions shall be shown on the
preliminary plat:
1. The
location, widths and names of all existing or platted streets or other
public ways within or directly adjacent to the tract; and other important
features, such as railroad rights-of-way, and City boundary lines,
2. The
location in the adjoining streets or property of existing sewers and
water mains, culverts and drain pipes, electric conduits or lines
proposed to be used on the property to be subdivided and invert elevations
of sewers at points of proposed connections,
3. Contour
lines having the following minimum intervals:
a. One foot contour intervals for ground slopes less than five percent,
b. Two-feet contour intervals for ground slopes between five percent
and ten (10) percent,
c. Five-feet contour intervals for ground slopes exceeding 10%,
d. The elevations of all control points which are used to determine
the contours,
e. Contours shall be related to City of Jefferson datum,
4. Approximate
location of areas subject to inundation or stormwater overflow with
approximate high water elevation,
5. Location,
width, direction and flow of all watercourses,
6. Location of properties within the 100 year floodplain and other areas subject to flooding or ponding (see Section
12.32.160),
7. Existing
uses of the property and adjacent property within 100 feet including
location of all existing structures to remain on the property,
8. Zoning
adjacent to the tract;
I. Proposed
Plan of Subdivision. The following shall be included on the preliminary
plat:
1. Proposed
Streets. Location, widths, names, approximate radii or curves. The
relationship of all streets to any projected streets as shown on any
development plan adopted by the Planning Commission,
2. Easements.
Location on the site or abutting property, showing the width and purpose
of all easements,
3. Lots.
Approximate dimensions of all lots, minimum lot size, proposed lot
and block numbers,
4. Proposed
land use; sites, if any, allocated for:
a. Multiple-family dwelling,
e. Parks, schools, playgrounds, and
f. Public or semipublic buildings;
J. Explanatory
Information Required. The following additional information shall be
submitted with the preliminary plat:
1. The
names and addresses of all owners within 300 feet of the proposed
subdivision,
2. Findings
indicating compliance with applicable provisions of the Comprehensive
Plan,
3. Total
acreage in the subdivision and the percent of land dedicated to the
public, not including easements,
4. All
public improvements proposed to be installed and the approximate time
installation is desired,
5. Special
improvements to be made by the developer and the approximate time
such improvements are to be completed (examples include entrance signs
or walks, berms, bus stands, etc.). Sufficient detail regarding proposed
improvements shall be submitted so that they may be checked for compliance
with the objectives of these regulations, state laws and other applicable
City ordinances. If, however, the nature of the improvement is such
that it is impractical to prepare all necessary details prior to approval
of the preliminary plat, the additional details shall be submitted
at least 30 days prior to approval of the final plat.
(DC § 9.130)
A. Except
as provided below, a future street proposal shall be filed in conjunction
with an application for a subdivision or partition. The proposal shall
show the pattern of existing and proposed future streets from the
boundaries of the proposed land division to include the other tracts
within 200 feet surrounding and adjacent to the proposed land division.
B. A future
street proposal shall not be required for any portion of the area
for which a proposed street plan layout has been established by either
the Comprehensive Plan or a future street proposal previously approved
by the Planning Commission or where surrounding property is substantially
developed.
C. The
Planning Commission will have the authority to adopt a proposed street
plan submitted by an applicant or can initiate a proposed street plan
for an area for which there is not a proposal for a land division.
(DC § 9.135)
In approving a tentative land division plan or adopting a proposed
street plan, the Planning Commission shall find the following:
A. Development
of any remainder of property under the same ownership can be accomplished
in accordance with the Development Code;
B. Adjoining
land can be developed or is provided access that will allow its development
in accordance with the Development Code;
C. The
proposed street plan affords the best economic, safe and efficient
circulation of traffic possible, under the circumstances;
D. Conditions
necessary to satisfy the intent of the Development Code can be satisfied
prior to final plat approval.
(DC § 9.140)
A preliminary plat approval for a partition or a subdivision is valid for a period of 18 months from the effective date of approval, subject to extension as provided in Section
12.80.145. If the final plat has not been approved by the City and recorded with the county within the period of validity, the preliminary plat approval shall expire and a final plat may not be approved nor recorded without a new preliminary plat approval.
(DC § 9.150; Ord. 618 § 1, 2000)
An extension of preliminary plat approval for a partition or
subdivision may be granted by the development official subject to
the following provisions:
A. The
applicant must request the extension before the expiration date; however,
the request may be processed and the extension granted retroactively
after the expiration date.
B. At
the time of the request, the applicant must pay an extension fee established
by resolution.
C. One
extension may be granted for nine months. No further extensions may
be granted.
D. Extensions
may be granted only if there have been no changes to the proposed
development and facts presented in the original application and no
changes to the criteria that were used to evaluate the initial application.
If there have been changes to the proposal, the facts or the criteria,
a new application for preliminary plat approval must be submitted.
E. The
applicant must demonstrate and the development official must certify
one of the following:
1. That
substantial progress has occurred by the time of the request and that
completion is reasonably expected within the extension period; or
2. That
factors beyond the reasonable control of the applicant have prevented
progress, and that those impediments are reasonably expected to be
eliminated within the extension period.
(Ord. 618 § 2, 2000)
The applicant shall submit one reproducible copy and three prints
of the final plat to the City. Submittal of the final plat to the
county surveyor and county recorder shall be according to applicable
state and county requirements.
A. Preparation.
The final plat shall be submitted to the City in a form required by
these regulations and state laws including ORS 92.050-120 for plats
of record.
B. Information
Required. In addition to that specified by state law, the following
information shall be shown on the final plat:
1. The
date, scale, north point, legend and controlling topography such as
creeks, ditches, highways, and railroad rights-of-way;
2. Legal
description of the tract boundaries and the file number of the subdivision;
3. Name
and address of the owner(s), subdivider and surveyor;
4. Reference
points of existing surveys identified, related to the plat by distances
and bearing and referenced to a field book or map as follows:
a. Stakes, monuments or other evidence found on the ground and used
to determine the boundaries of the subdivision,
b. Adjoining corners of adjoining subdivisions,
c. Other monuments found or established in making the survey of subdivision
or required to be installed by provisions of the Development Code;
5. Preliminary
control points if such are established by the City; description and
ties to such control points, to which all dimensions, angles, bearings
and similar data on the plat shall be referenced;
6. The
location and width of streets and easements intercepting the boundaries;
7. One hundred year floodplain or high water line for any body of natural drainageway (see Section
12.32.160), together with the method or source of such determination;
8. Lines
with dimensions, bearings, or deflection angles, radii, arcs, points
of curvature and tangent bearings for tract, lot and boundaries and
street bearings shall be shown to the nearest ten seconds with basis
of bearings. All distances shall be shown to the nearest one hundredth
feet;
9. The
width of the portion of streets being dedicated, the width of any
existing right-of-way and the width of each side of the center line.
For streets on a curvature, curve data shall be based on the street
center line and, in addition to center line dimensions, the radius,
chord distance, bearing, and central angle shall be indicated;
10. Easements, clearly identified and, if already of record, their recorded
reference. If an easement is not definitely recorded, a statement
of the easement shall be given. The bearing, and sufficient ties to
locate the easement with respect to the subdivision, shall be shown.
If the easement is being dedicated by the map, it shall be properly
referenced in the owner’s certificates of dedication. The purposes
of easements shall also be identified;
11. Lot numbers beginning with the number “1” and continuing
consecutively in each block in the subdivision;
12. Block number beginning with the number “1” and continuing
consecutively without omissions or duplication throughout a subdivision.
The numbers shall be of sufficient size and thickness to stand out
and so placed as not to obliterate and disfigure. Block numbers in
addition to a subdivision of the same name shall be a continuation
of the numbering in the original subdivision;
13. Identification of land to be dedicated for any purpose, public or
private, to distinguish it from lots or parcels intended for sale.
The following phrases shall be used when identifying open space dedications:
a. “Common open space” shall be used to identify those parcels
of land created for the purpose of common ownership, enjoyment and
maintenance by an approved homeowners association group or is listed
as being held in common ownership, with appropriate deed restrictions
and responsibilities, by owners of property within the subdivision,
b. “Public open space” shall be used when identifying those
parcels of land dedicated to the City for open space purposes,
c. “Open space easement” shall be used to identify that
portion of a lot or lots that have established an open space easement
agreement with the City;
14. The following certificates, which may be combined where appropriate:
a. A certificate signed by the city recorder certifying City approval,
b. A certificate signed and acknowledged by all parties having record
title interest in the land, consenting to the preparation and recording
of the plat,
c. A certificate signed and acknowledged as above, dedicating all parcels
of land shown on the final plat and intended for the exclusive use
of the lot owners in the subdivision, their licenses, visitors and
servants,
d. A certificate signed by the surveyor responsible for the survey and
final map, the signature accompanied by seal, attesting that applicable
requirements of City, state and county requirements have been met,
e. Other certifications required by laws;
15. Filing of separate legal documents to achieve any of the above requirements (subsections
(B)(1)—
(15) of this section) may be permitted by the Planning Commission when it can be shown that placing such information on the final map is not required to achieve the purposes of the Development Code. When a separate legal document is filed describing a geographically based restriction (such as an easement) the described area shall be marked with colored ink (other than black) on the City copy. A description of or reference to any other restrictions attached to the subdivision approval shall also be noted on the City copy;
16. Supplementary information:
a. A copy of any deed restrictions,
b. A copy of any dedication requiring separate documents,
c. Legal documents conveying property to the City,
d. Assurance satisfactory to the city engineer that improvements installed
by the subdivider will be in conformance with the standards of the
City and that streets and pedestrian ways will be improved,
e. Boundary and lot closure computations and total area of each lot,
parcel, and open space dedication, in square feet or acres,
f. Title report or subdivision guarantee;
17. All monumentation shall comply with standards established for subdivisions
as stated in ORS 92. Witness corners may be set when it is impractical
or impossible to set a monument in its true position providing course
and distance is given to the true position. All monuments shall be
clearly identified with the surveyor’s name or registration
number. Unless waived by the city engineer, the intersection of all
street center lines shall be monumented according to City specifications.
(DC § 9.160)
A. A final
plat may be approved only when all of the required public improvements
have been completed and accepted by the City. The performance security
for public improvements for subdivisions shall be a developer agreement
as specified in Section 9.16.060.C.3.
B. Exception.
The city engineer may authorize the approval of a final plat before
the completion of all public improvements if construction is substantially
complete, the remaining items are relatively minor, and a sufficient
financial security has been provided as specified in Section 9.16.060.C.1
or 2.
(Ord. 618 § 3, 2000)
A final plat shall be submitted to the city recorder and he/she
shall determine whether the material conforms with the approved tentative
plan or map and with the applicable requirements of the Development
Code under the Type A procedure. If the city recorder determines that
there is a failure to conform, the applicant shall be advised and
afforded an opportunity to make corrections. When the plat or map
is found to conform, the city recorder shall sign and date the plat
and take the following additional actions, or advise the applicant
to do the same:
A. As
required by ORS 92.100, obtain the approval signature thereon by the
surveyor serving the City certifying that the subdivision plat complies
with applicable survey laws. Before so certifying, the surveyor may
cause field investigations to be made to verify that the plat survey
is sufficiently accurate. If it is determined that there has been
a failure to comply, the applicant shall be notified and afforded
an opportunity to make corrections. When the plat is found to conform,
it shall be signed and dated by the surveyor;
B. As
required by ORS 92.110, obtain the approval signatures thereon of
the board of directors, or board’s delegate, of any irrigation
district, drainage district, water control district or districts improvement
company if the subdivision is within such district;
C. Obtain
the approval signatures thereon of the County Board of Commissioners;
D. Obtain
the approval signature thereon of the County Assessor, certifying
that all taxes on the property have been paid or bonded for, in accordance
with State law;
E. Deliver
the approved subdivision plat and accompanying documents to the County
Recorder for recording;
F. Deliver
a signed mylar copy and four blueprints of the approved subdivision
plat to the City.
(DC § 9.180)
A. The approval process for a subdivision shall become final upon the recording of the approved subdivision plat, under ORS 92.120(1), and the recording of the approved plat together with any required documents with the county recorder. Subdivision plats may not be recorded after the expiration of the period of validity specified in Section
12.80.140.
B. All
subdivision lots platted prior to 1993 shall conform to the current
development standards, including, but not limited to, permitted uses,
minimum square footage for duplex and multifamily dwelling units,
property line setbacks, open space, lot coverage, height limitations,
and parking and utility requirements.
(DC § 9.190; Ord. 618 § 4, 2000)
In any residential land division, lots and blocks shall conform to the following standards in addition to the provisions of Chapter
12.40:
A. Lot
Arrangement. The lot arrangement shall be such that there will be
no foreseeable difficulties, for reason of topography or other conditions,
in securing building permits to build on all lots in compliance with
the requirements of the Development Code, with the exception of lots
designated for open space use.
B. Lot
Dimensions. The lot dimensions shall comply with the minimum standards
of the Development Code. When lots are more than double the minimum
area designated by the district, the Planning Commission shall require
that such lots be arranged so as to allow further subdivision and
the opening of future streets where it would be necessary to serve
such potential lots.
C. Double
Frontage Lots and Access to Lots. Double frontage lots shall be avoided
except where necessary to provide separation of residential developments
from streets of collector and arterial street status, or to overcome
specific disadvantages of topography and/or orientation. When driveway
access from arterial is necessary for several adjoining lots, the
Planning Commission shall require that such lots, are served by a
combined access driveway in order to limit possible traffic hazards
on such streets. The driveway should be designed and arranged so as
to avoid requiring vehicles to back into traffic on arterials. An
access control strip shall be placed along all lots abutting arterial
streets requiring access onto the lesser class street where possible.
D. Side
Yards. As far as practical the side property lines of a lot shall
run at right angles to the street upon which it faces, except that
on a curved street the side property line shall be radial to the curve.
E. Blocks.
Blocks shall not exceed 1,200 feet in length without street separation
and shall not exceed 800 feet without improved pedestrian way separation,
except blocks adjacent to arterial streets, or unless previous adjacent
layout or topographical conditions justify a variation. The recommended
minimum distance between arterial street intersections is 1,800 feet.
F. Cul-de-Sac
Lots. In any residential district no more than five lots or units
shall have access on a cul-de-sac bulb except that additional lots
or units may be permitted where one additional off-street parking
space is created for each unit which has access on a cul-de-sac bulb.
The minimum frontage of a lot on a cul-de-sac shall be 25 feet as
measured perpendicular to the radius.
G. Flag
Lots. Flag lots should be discouraged and allowed only when absolutely
necessary to provide adequate access to buildable sites and only where
the dedication and improvement of a public street cannot be provided.
The minimum width for a flag lot is 22 feet, except where point access
is shared by an access and maintenance agreement, in which case each
lot shall have a minimum width of 12 feet and a combined minimum of
24 feet.
H. Street
Intersections. At all street intersections, an arc along the property
lines shall be established so that construction of the street at maximum
allowable width, centered in the right-of-way, shall require not less
than 20 foot radius of the curb line.
(DC § 9.200)
A. Except as provided in subsection
B, subdivision applications under this chapter shall include a dedication of parkland to the City equal to seven percent of the gross land area of the subject property in accordance with Section
12.80.110(J)(3). The location of parkland dedicated under this section shall be identified on the final plat for the subdivision in accordance with Section
12.80.150(B)(13).
B. Pursuant to the factors set in subsection
C, the City, in its sole discretion, may require a subdivision applicant to pay a fee equal in value to the fair market value of seven percent of the gross land area of the subject property in lieu of the parkland dedication in subsection
A, or it may require a combination of land acreage and fee. The City, in its sole discretion, may establish the fee under this subsection base
d on one of the following:
1. The
Marion County Assessor’s current tax year fair market value
of the subject property; or
2. The
purchase price of the subject property if the sale or transfer occurred
within the last 24 months; or
3. Appraisal
of the land conducted within the 12 months prior to the date of application;
or
4. An
equitable value agreed to by the City and the applicant.
C. The City shall consider the following factors to determine whether to require a fee under subsection
B in lieu of dedication:
1. The
topography, geology, access, parcel size, and location of land in
the development available for dedication;
2. Potential
adverse or beneficial effects on environmentally sensitive areas;
3. Compatibility
with the City’s Parks and Recreation Capital Facilities Plan,
the City’s Comprehensive Plan, and the City’s Capital
Improvement Program;
4. The
City’s open space and park needs;
5. The
feasibility of dedication.
D. A date within 60 days of the submission of the tentative plan shall be used to determine the value under subsection
B, except that appraised value shall always be determined subsequent to the parcel’s annexation to the City if the parcel is unannexed.
E. If
the City allows a fee in lieu of dedication under this section, the
applicant shall pay the fee to the City prior to the City’s
approval of the final plat.
(Ord. 718 § 4, 2021)
An expedited land division is an action of the City as defined in Section
12.04.080.
(DC § 9.310)
The staff report to the Planning Commission shall be available
at least seven days prior to the Planning Commission meeting.
(DC § 9.315; Ord. 668 § 1, 2010)
The decisions made under an expedited land division process
are not land use or limited land use decisions and are not subject
to the permit requirements of City enabling legislation. Decisions
are not subject to the Comprehensive Plan and not eligible for appeal
to the Land Use Board of Appeals (LUBA).
(DC § 9.320)
The City Recorder and/or land use planning staff shall review
an application and make a decision on its completeness within 21 days
of submittal. Upon determination of an incomplete application, the
applicant has 180 days to submit the missing information.
(DC § 9.330)
An application to the City for an expedited land division shall describe the manner in which the proposed division complies with the definition (as stated in Section
12.04.080), meets the following criteria, and complies with the regulations as stated in Section
12.80.260:
A. Is
zoned for residential uses and is within an urban growth boundary,
is solely for the purposes of residential uses, and is within an urban
growth boundary;
B. Does
not provide for dwellings or accessory buildings to be located on
land that is specifically mapped and designated in the Comprehensive
Plan and land use regulations for full or partial protection of natural
features under the statewide planning goals that protect open spaces,
scenic and historic areas and natural resources;
C. Satisfies
minimum street or other right-of-way connectivity standards established
by acknowledged land use regulations or, if such standards are not
contained in the applicable regulations, as required by statewide
planning goals or rules; and
D. Creates
enough lots or parcels to allow building residential units at 80%
or more of the maximum net density permitted by the zoning designation
of the site.
(DC § 9.331)
When requested by an applicant for an expedited land division,
in lieu of the partition procedure set forth in its Comprehensive
Plan and Development Code, the City shall use the following procedures
for an expedited land division under this article:
A. If
the application for an expedited land division is incomplete, the
City shall notify the applicant of exactly what information is missing
within 21 days of receipt of the application and allow the applicant
to submit the missing information. For purposes of computation of
time under this section, the application shall be deemed complete
on the date the applicant submits the requested information or refuses
in writing to submit it.
B. If
the application was complete when first submitted or the applicant
submits the requested additional information within 180 days of the
date the application was first submitted, approval or denial of the
application shall be based upon the standards and criteria that were
applicable at the time the application was first submitted.
(DC § 9.332)
The provisions of this article shall apply to all elements of
the City’s Comprehensive Plan and Development Code applicable
to land divisions and any procedures designed to regulate:
A. The
physical characteristics of permitted uses;
B. The
dimensions of the lots or parcels to be created; and
C. Transportation,
sewer, water, drainage, and other facilities or services necessary
for the proposed development, including but not limited to right-of-way
standards, facility dimensions and on-site and off-site improvements.
(DC § 9.340)
The City shall provide written notice of the receipt of the
completed application for an expedited land division to any state
agency, City or county department, or special district responsible
for providing public facilities and services to the development and
to owners of property within 100 feet of the entire contiguous site
for which the application is made. The notification list shall be
compiled from the most recent property tax assessment roll. For purposes
of appeal to the hearings officer under state law, this requirement
shall be deemed met when the City can provide an affidavit or other
certification that such notice was given. Notice shall also be provided
to any neighborhood or community planning organization recognized
by the City Council and whose boundaries include the site.
(DC § 9.350)
The notice under this article shall state:
A. The
deadlines for submitting written comments;
B. That
issues that may provide the basis for an appeal to the hearings officer
must be raised in writing prior to the expiration of the comment period;
C. That
issues must be raised with sufficient specificity to enable the City
to respond to the issue;
D. The
applicable criteria for the decision;
E. The
street address or other easily understood geographical reference to
the subject property;
F. The
place, date and time that comments are due;
G. The
time and place where copies of all evidence submitted by the applicant
will be available for review;
H. The
name and telephone number of the City contact person; and
I. A brief
summarization of the local decision-making process for the expedited
land division decision being made.
(DC § 9.351)
A. After
notice, the City shall:
1. Provide
a 14 day period for submission of written comments prior to the decision;
2. Make
a decision to approve or deny the application within 63 days of receiving
a completed application, based on whether it satisfies the substantive
requirements of the City’s Development Code. An approval may
include conditions to ensure that the application meets the applicable
regulations.
B. For
applications subject to this section, the City shall:
1. Not
hold a public hearing on the application;
2. Issue
a written determination of compliance or noncompliance with applicable
Development Code requirements that includes a summary statement explaining
the determination. The summary statement may in be any form reasonable
intended to communicate the City’s basis for determination;
and
3. Provide notice of the decision to the applicant and to those who received notice under Section
12.80.270 within 63 days of the date of the completed application.
C. The
notice of the decision shall include:
1. A summary of the response to subsection
(A)(2) of this section; and
2. An explanation of appeal rights as stated in Section
12.80.320.
(DC § 9.360)
After seven days’ notice to the applicant, the Planning
Commission may, at a regularly scheduled public meeting, extend the
63 day time period to a date certain for one or more applications
for an expedited land division prior to the expiration of the 63 day
period, based on a determination that an unexpected or extraordinary
increase in applications makes action within 63 days impractical.
In no case shall an extension be to a date more than 120 days after
the application was deemed complete.
Upon approval of the extension, the provisions of the Development
Code, including the right to file a writ of mandamus with the circuit
court, shall remain applicable to the expedited land division, except
that the extended period shall be substituted for the 63 day period
wherever applicable.
(DC § 9.361)
The decision to approve or not approve an extension under Section
12.80.300 is not a land use decision or limited land use decision.
(DC § 9.370)
A. An
appeal of a decision made under this article shall be:
1. Filed
with the City within 14 days of the mailing of the notice of the decision;
and
2. Filed
with a three hundred dollar ($300.00) deposit for costs.
B. A decision
may be appealed by:
2. Any person or organization who files written comments in the time period established under Section
12.80.290.
C. An
appeal shall be based solely on allegations:
1. Of
violation of the substantive provision of the applicable land use
regulations;
2. Of
unconstitutionality of the decision;
3. That
the application is not eligible for review under this article and
should be reviewed as a land use decision or limited land use decision;
or
4. That
the party’s substantive rights have been substantially prejudiced
by an error in procedure by the City.
(DC § 9.380)
A city-appointed hearings officer shall decide the appeal of
a decision made under this article. The hearings officer shall not
be an employee or official of the City.
(DC § 9.381)
Within seven days of being appointed to decide the appeal, the hearings officer shall notify the applicant, the City, the appellant if other than the applicant, any person or organization entitled to notice under Section
12.80.270 that provided written comments to the City, and all providers of public facilities and services entitled to notice under this article, and advise them of the manner in which they may participate in the appeal.
A person or organization that provided written comments to the City but did not file an appeal under Section
12.80.320 may participate only with respect to the issues raised in written comments submitted by that person or organization.
The hearings officer may use any procedure for decision making
consistent with the interests of the parties to ensure a fair opportunity
to present information and argument. The hearings officer shall provide
the City an opportunity to explain its decision but is not limited
to reviewing the City’s decision and may consider information
not presented to the City.
(DC § 9.382)
A. The
hearing officer shall apply substantive requirements of the City’s
Development Code. If the hearings officer determines the application
does not qualify as an expedited land division, the hearings officer
shall remand the application for consideration as a land use decision
or limited land use decision to the City. In all other cases, the
hearings officer shall seek to identify means by which the application
can satisfy the applicable requirements.
B. The
hearings officer may not reduce the density of the land division application.
C. The
hearings officer shall make a written decision approving or denying
the application or approving it with conditions designed to ensure
that the application satisfies the land use regulations within 42
days of filing an appeal. The hearings officer may not remand the
application to the City for any reason other than as set forth in
this article.
(DC § 9.383)
Unless the Planning Commission of the City finds exigent circumstances,
a hearings officer who fails to make a written decision within 42
days of the filing of an appeal shall receive no compensation for
service as referee in the appeal.
(DC § 9.384)
Notwithstanding any other provision of law, the hearings officer
shall order the City to refund the deposit for costs to an appellant
who materially improves his or her position from the decision of the
City.
The hearings officer shall assess the cost of the appeal in excess of the deposit for costs, up to a maximum of $500, including the deposit paid under Section
12.80.320, against an appellant who does not materially improve his or her position from the decision of the City.
The City shall pay the portion of the costs of the appeal not
assessed against the appellant. The costs of the appeal include the
compensation paid the hearings officer and costs incurred by the City,
but not the costs of other parties.
(DC § 9.385)
Any party to a proceeding before a hearings officer under this
article may seek judicial review of the hearings officer’s decision
in the manner provided under state statutes.
(DC § 9.390)