City of Molalla, OR Chapter 17-4.3 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

§ 17-4.3.010 Purpose.

The purpose of this chapter is to implement the objectives in subsections A through E:

A. Provide rules, regulations, and standards governing the approval of subdivisions, partitions, and property line adjustments as follows:

1. Subdivisions are the creation of four or more lots from one parent lot, parcel, or tract, within one calendar year.

2. Partitions are the creation of three or fewer lots from one parent lot, parcel, or tract within one calendar year.

3. Property line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots).

B. Carry out the City's development pattern, as envisioned by the City's comprehensive plan.

C. Encourage efficient use of land resources and public services, and to provide transportation options.

D. Promote the public health, safety, and general welfare through orderly and efficient urbanization.

E. Provide adequate light and air, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards.

(Ord. 2017-08 §1)

§ 17-4.3.020 General Requirements.

A. Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:

1. The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

2. The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.

Note: Property line adjustments and lot consolidation requests (i.e., no new lot is created) are subject to Section 17-4.3.120; they are not subject to Sections 17-4.3.020 through 17-4.3.110.

B. Compliance With Oregon Revised Statutes (ORS) Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapter 92 Subdivisions and Partitions.

C. Future Re-Division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than three times or 300 percent the minimum lot size allowed by the underlying land use district), the lots shall be of such size, shape, and orientation as to facilitate future re-division and extension of streets and utilities. The applicant shall submit a future re-division plan, or shadow plan, indicating how redivision of oversized lots and extension of planned public facilities to adjacent parcels can occur in the future. (See also Section 17-4.3.040 Pre-Planning for Large Sites.)

D. Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as streets, water, sewer, gas, and electrical systems, pursuant to Chapter 17-3.6. These systems shall be located and constructed underground where feasible.

E. Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required, pursuant to Chapter 17-3.6.

F. Adequate Access. All lots created or reconfigured shall have adequate vehicle access and parking, as may be required, pursuant to Chapter 17-3.3.

(Ord. 2017-08 §1)

§ 17-4.3.030 Preliminary Plat Approval Process.

A. Review of Preliminary Plat. Preliminary plats for partitions shall be processed using the Type II procedure under Section 17-4.1.030. Subdivisions shall be processed using the Type III procedure under Section 17-4.1.040. All preliminary plats, including partitions and subdivisions, are subject to the approval criteria in Section 17-4.3.070.

B. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of two years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant to Section 17-4.3.090, within the two-year period. The Planning Commission may approve phased subdivisions, pursuant to subsection D, with an overall time frame of more than two years between preliminary and final plat approvals.

C. Modifications and Extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in Chapter 17-4.5. The Planning Commission may, upon written request by the applicant and payment of the required fee, grant written extensions of the approval period not to exceed one year per extension, provided that all of the following criteria are met:

1. Any changes to the preliminary plat follow the procedures in Chapter 17-4.5;

2. The applicant has submitted written intent to file a final plat within the one-year extension period;

3. An extension of time will not prevent the lawful development of abutting properties;

4. There have been no changes to the applicable Code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and

5. The extension request is made before expiration of the original approved plan.

D. Phased Subdivision. The Planning Commission may approve plans for phasing a subdivision, and changes to approved phasing plans, provided the applicant's proposal meets all of the following criteria:

1. In no case shall the construction time period (i.e., for required public improvements, utilities, streets) for the first subdivision phase be more than one year;

2. Public facilities shall be constructed in conjunction with or prior to each phase;

3. The phased development shall not result in requiring the City or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal; and

4. The proposed phasing schedule shall be reviewed with the preliminary subdivision plat application.

(Ord. 2017-08 §1; Ord. 2019-16 §1)

§ 17-4.3.040 Pre-Planning for Large Sites.

A. Purpose. Section 17-4.3.040 requires the pre-planning of large sites in conjunction with requests for annexation, and applications for phased subdivisions and master plan developments; the purpose of which is to avoid piecemeal development with inadequate public facilities.

B. Applicability. This section applies to land use applications and annexations affecting more than 40 acres of land under the same contiguous ownership, even where only a portion of the site is proposed for subdividing. For the purposes of this section, the same contiguous ownership means the same individual, or group of individuals, corporations, or other entities, controls a majority share of ownership.

C. Area Plan Required. Prior to submittal of an annexation petition or land division application for an area subject to Section 17-4.3.040, a conceptual master plan shall be submitted to the Planning Official with the required pre-application materials for the project or proposal. The conceptual master plan shall illustrate the type and location of planned streets, utility corridors, parks, open spaces, and land uses for the ultimate buildout of the subject property and all lands under contiguous ownership. The plan shall demonstrate how future development, including any proposed phasing, can meet all the guidelines under subsection D, below.

D. Criteria. The conceptual plan required under subsection C, above, is not required to be engineered but shall have a sufficient level of detail so that the City officials can determine that it meets the following design guidelines:

1. Streets are interconnected to the extent practicable; blocks are walkable in scale (generally 200 to 600 feet in length), except where topography, existing development, or other physical features require longer blocks, in which case pedestrian access ways connect through long blocks;

2. Water, sewer, and storm drainage facilities logically extend to serve the site at buildout, consistent with adopted public facility plans. Where a public facility plan identifies a need for new capacity-related improvements (e.g., water storage, sewage treatment, pump stations, etc.) in the future, the plan shall describe conceptually how such improvements can be accommodated;

3. Overall, the plan achieves a housing density that is within 80 to 100 percent of planned densities, consistent with the Comprehensive Plan and Development Code; and

4. The plan reserves land needed for public use (e.g., schools, parks, fire stations, and other facilities), in accordance with the Comprehensive Plan and to the extent allowed under applicable law.

E. Implementation. The conceptual master plan required by this section must be submitted during the pre-application meeting for the land use application or annexation petition, as applicable. The City may also refer the plan to outside agencies with jurisdiction for their input. The master plan is not binding, but the applicant is encouraged to refine the plan based on City input before submitting a land use application or annexation petition for the subject property. The applicant should also contact adjacent property owners and solicit their input prior to submitting a land use application, pursuant to Section 17-4.1.070.

(Ord. 2017-08 §1)

§ 17-4.3.050 Lot Size Averaging, Flag Lots, and Infill Development.

A. Lot Size Averaging. To allow flexibility in subdivision design and to address physical constraints, such as topography, existing development, significant trees, and other natural and built features, the approval body may grant a 20 percent modification to the lot area and/or lot dimension (width/depth) standards in Chapter 17-2.2, provided that the overall density of the subdivision does not exceed the allowable density of the district and the approval body finds that all of the following are met:

1. Granting the modification is necessary to achieve planned housing densities, as allowed by the underlying zone, or to improve development compatibility with natural features or adjacent land uses;

2. The Planning Official may require screening, buffering, or other transitions in site design where substandard lots are proposed to abut standard- or larger-sized lots.

B. Flag Lots. Flag lots may be created only when a through street cannot be extended to serve abutting uses or future development. A flag lot driveway ("flag pole") shall serve not more than two dwelling units, including accessory dwellings and dwellings on individual lots. The City Engineer may approve additional units. The layout of flag lots, the placement of buildings on such lots, and the alignment of shared drives shall be designed so that future street connections can be made as adjacent properties develop, to the extent practicable, and in accordance with the standards of Section 17-3.6.020.D.

C. Infill Development and Mid-Block Lanes. Where consecutive flag lot developments or other infill development could have the effect of precluding local street extensions through a long block, the Planning Official and City Engineer may require the improvement of a mid-block lanes through the block. Mid-block lanes are a private drives serving more than two dwelling units with reciprocal access easements; such lanes are an alternative to requiring public right-of-way street improvements where physical site constraints preclude the development of a standard street. Mid-block lanes, at a minimum, shall be paved, have adequate storm drainage (surface retention, where feasible, is preferred), meet the construction standards for alleys, and conform to the standards of subsections D and E.

D. Emergency Vehicle Access. A drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots it serves. No fence, structure, or other obstacle shall be placed within the drive area. Where required, emergency vehicle apparatus lanes, including any required turn-around, shall conform to applicable building and fire code requirements. Fire sprinklers may also be required for buildings that cannot be fully served by fire hydrants (i.e., due to distance from hydrant or insufficient fire flow).

E. Maximum Drive Lane Length. The maximum length of a drive serving more than one dwelling is subject to requirements of the Uniform Fire Code.

(Ord. 2017-08 §1)

§ 17-4.3.060 Preliminary Plat Submission Requirements.

Applications for Preliminary Plat approval shall contain all of the following information:

A. General Submission Requirements.

1. Information required for a Type III review (see Section 17-4.1.040); and

2. Public Facilities and Services Impact Study. The impact study shall quantify and assess the effect of the development on public facilities and services. The City shall advise as to the scope of the study, which shall address, at a minimum, the transportation system, including required improvements for motorized and non-motorized vehicles and pedestrians; the drainage system; the parks system (for subdivisions and planned unit developments of 20 or more dwelling units); water system; and sewer system. For each system and type of impact, the study shall propose improvements necessary to meet City standards under adopted ordinances and facility master plans. The City may require a Traffic Impact Analysis pursuant to Section 17-3.6.020.A.4.

B. Preliminary Plat Information. In addition to the general information described in subsection A, above, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide all of the following information, in quantities determined by the Planning Official:

1. General Information.

a. Name of subdivision (partitions are named by year and file number), which shall not duplicate the name of another land division in Clackamas County (check with County Surveyor);

b. Date, north arrow, and scale of drawing;

c. Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;

d. Zoning district of parcel to be divided, including any overlay zones;

e. A title block including the names, addresses, and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey; and

f. Identification of the drawing as a "preliminary plat."

2. Existing Conditions. Except where the Planning Official deems certain information is not relevant, applications for Preliminary Plat approval shall contain all of the following information on existing conditions of the site:

a. Streets. Location, name, and present width of all streets, alleys, and rights-of-way on and abutting the site;

b. Easements. Width, location and purpose of all existing easements of record on and abutting the site;

c. Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;

d. Ground elevations shown by contour lines at two-foot vertical intervals. Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor; the Planning Commission may waive this standard for partitions when grades, on average, are less than six percent;

e. The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);

f. The Base Flood Elevation, per FEMA Flood Insurance Rate Maps, as applicable;

g. North arrow and scale; and

h. Other information, as deemed necessary by the Planning Official for review of the application. The City may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

3. Proposed Development. Except where the Planning Official deems certain information is not relevant, applications for Preliminary Plat approval shall contain all of the following information on the proposed development:

a. Proposed lots, streets, tracts, open space, and park land (if any); location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street center line grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

b. Easements: location, width, and purpose of all proposed easements;

c. Lots and private tracts (e.g., private open space, common area, or street): approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all proposed lots and tracts;

d. Proposed uses of the property, including all areas proposed to be dedicated as public right-of-way or reserved as open space for the purpose of surface water management, recreation, or other use;

e. Proposed public street improvements, pursuant to Chapter 17-3.6;

f. On slopes exceeding an average grade of 10 percent, as determined by the City Engineer, the preliminary location of development on lots (e.g., building envelopes), demonstrating that future development can meet minimum required setbacks and applicable engineering design standards;

g. Preliminary design for extending City water and sewer service to each lot, per Chapter 17-3.6;

h. Proposed method of stormwater drainage and treatment, if required, pursuant to Chapter 17-3.6;

i. The approximate location and identity of other utilities, including the locations of street lighting fixtures, as applicable;

j. Evidence of compliance with applicable overlay zones; and

k. Evidence of contact with the applicable road authority for proposed new street connections.

(Ord. 2017-08 §1)

§ 17-4.3.070 Preliminary Plat Approval Criteria.

A. Approval Criteria. The Planning Commission may approve, approve with conditions, or deny a preliminary plat. The Planning Commission decision shall be based on findings of compliance with all of the following approval criteria:

1. The land division application shall conform to the requirements of Chapter 17-4.3;

2. All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of Division II Zoning Regulations, except as modified by the provisions of Chapter 17-4.3 (e.g., lot size averaging);

3. Access to individual lots, and public improvements necessary to serve the development, including, but not limited to, water, sewer, and streets, shall conform to Division III Community Design Standards;

4. The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;

5. The proposed streets, utilities, and surface water drainage facilities conform to City of Molalla adopted master plans and applicable engineering standards, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;

6. All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas is assured through appropriate legal instrument;

7. Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to development;

8. Evidence that improvements or conditions required by the City, road authority, Clackamas County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and

9. The architectural standards of Section 17-3.2.030.D are met.

B. Conditions of Approval. The Planning Commission may attach such conditions as are necessary to carry out provisions of this Code, and other applicable ordinances and regulations.

(Ord. 2017-08 §1)

§ 17-4.3.080 Land Division-Related Variances.

Variances shall be processed in accordance with Chapter 17-4.7. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted; when practical, the applications shall be reviewed concurrently.

(Ord. 2017-08 §1)

§ 17-4.3.090 Final Plat Submission Requirements and Approval Criteria.

Final plats require review and approval by the Planning Official prior to recording with Clackamas County. The final plat submission requirements, approval criteria, and procedure are as follows:

A. Submission Requirements. The applicant shall submit the final plat within two years of the approval of the preliminary plat as provided by Section 17-4.3.070. The format of the plat shall conform to ORS Chapter 92.

B. Approval Process and Criteria. By means of a Type I Review, the Planning Official shall review and approve or deny the final plat application based on findings of compliance or noncompliance with the all of the following criteria:

1. The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, rights-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;

2. All public improvements required by the preliminary plat have been installed and approved by the City or applicable service provider if different than the City of Molalla (e.g., road authority), or otherwise bonded in conformance with Section 17-3.6.090;

3. The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;

4. All required streets, access ways, roads, easements, and other dedications or reservations are shown on the plat;

5. The plat and deed contain a dedication to the public of all public improvements, including, but not limited to, streets, public pathways and trails, access reserve strips, parks, and water and sewer facilities, as applicable;

6. As applicable, the applicant has furnished acceptable copies of Covenants, Conditions, and Restrictions (CC&Rs); easements; maintenance agreements (e.g., for access, common areas, parking, etc.); and other documents pertaining to common improvements recorded and referenced on the plat;

7. Verification by the City that water and sanitary sewer service is available to every lot depicted on the plat; and

8. The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of each monument and its reference to some corner approved by the Clackamas County Surveyor for purposes of identifying its location.

(Ord. 2017-08 §1)

§ 17-4.3.100 Filing and Recording.

A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat is recorded for the subdivision or partition containing the lot is recorded. Requests to validate an existing lot created through means other than a final plat ("lot of record") shall follow the procedures set forth in ORS 92.010 to 92.190. The final plat filing and recording requirements are as follows:

A. Filing Plat with County. Within 60 days of City approval of the final plat, the applicant shall submit the final plat to Clackamas County for signatures of County officials, as required by ORS Chapter 92.

B. Proof of Recording. Upon final recording with the County, the applicant shall submit to the City a mylar copy and three paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.

C. Prerequisites to Recording the Plat.

1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92.

2. No plat shall be recorded until the County Surveyor approves it in the manner provided by ORS Chapter 92.

(Ord. 2017-08 §1)

§ 17-4.3.110 Re-Platting and Vacation of Plats.

Any plat or portion thereof may be re-platted or vacated upon receiving an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (preliminary plat followed by final plat) shall be used to re-plat or vacate a plat. Street vacations are subject to ORS Chapter 271. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable City standards.

(Ord. 2017-08 §1)

§ 17-4.3.120 Property Line Adjustments.

A property line adjustment is the modification of a lot boundary when no lot is created. The Planning Official reviews applications for property line adjustments pursuant to the Type I procedure under Section 17-4.1.020. The application submission and approval process for property line adjustments is as follows:

A. Submission Requirements. All applications for property line adjustment shall be made on forms provided by the City and shall include information required for a Type I review, pursuant to Section 17-4.1.020. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions, footprints and dimensions of existing structures (including accessory structures), location and dimensions of driveways and public and private streets within or abutting the subject lots, location of lands subject to the City of Molalla Water Resources Overlay, existing fences and walls, and any other information deemed necessary by the Planning Commission for ensuring compliance with City codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots.

B. Approval Criteria. The Planning Official shall approve or deny a request for a property line adjustment in writing, based on all of the following criteria:

1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment;

2. Lot Standards. All lots and parcels conform to the applicable lot standards of the zoning district (Division II) including lot area, dimensions, setbacks, and coverage. As applicable, all lots and parcels shall conform the City of Molalla Water Resources Overlay; and

3. Access and Road Authority Standards. All lots and parcels conform to the standards or requirements of Chapter 17-3.3 Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any City or road authority standard, it shall not be made less conforming by the property line adjustment.

C. Recording Property Line Adjustments.

1. Recording. Upon the City's approval of the proposed property line adjustment, the applicant shall record the property line adjustment documents with Clackamas County within 60 days of approval (or the decision expires), and submit a copy of the recorded survey map to the City, to be filed with the approved application.

2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the City within 15 days of recording and prior to any application being filed for a building permit on the re-configured lots.

(Ord. 2017-08 §1)