The purpose of this chapter is to set forth growth management
standards to insure the orderly conversion of the large amount of
urbanizable residential land within the City to urban uses. The standards
will apply to outlying areas of the City which are largely vacant
and currently have a low level of urban services. These areas are
projected to develop over time to a density of at least four units
per acre. This chapter is intended to insure that public facilities
adequate to serve development at this density are provided, either
before or concurrent with development.
The growth management standards in this chapter shall apply
to areas designated on the Comprehensive Plan/Zone Map with the symbol
"GM."
The following standards shall apply to development within growth
management areas:
A. All
development shall provide the following primary urban services: water,
sanitary sewer facilities connecting to the City sewer system, local
streets, fire protection and drainage. An inability to provide an
acceptable level of all primary services shall result in the denial
of a land use application.
B. All
development shall be reviewed to ascertain whether an adequate level
of the following secondary urban services exists: collector and arterial
streets, school, police protection and parks. Where the City determines
and supports with findings that an unacceptable level of secondary
urban services exist, the City may deny the land-use application unless
the developer insures the availability of an acceptable level of the
services within five years from occupancy.
C. City
specifications shall be the standard used as measurement of acceptability
of a service.
D. Encourage
the development within urban areas before the conversion of urbanizable
areas.
Growth management standards shall not apply to the following
land use actions:
A. Construction
of a single-family residence on a buildable lot.
B. Exceptions
approved by the Community Development Director, or in the case of
a conditional use, an exception approved by the Planning Commission.
In either case, the following findings must be made to support the
exception to growth management standards:
1. That the impact of the proposed development or land partition upon
the unacceptable service(s) will be similar to that of a single-family
residence;
2. That the approval of the development or land division without the
particularly unacceptable service(s) will not impede the orderly,
efficient provision of any primary or secondary service to that area;
3. That the public or nearby residents will not be endangered by the
granting of the exception; and
4. That it is consistent with the intent and purpose of Statewide Planning Goals 11 and 14, and the purpose of this chapter stated in Section
16.112.010.
The cost of providing the required urban services for a particular
land use proposal under consideration shall be borne by the applicant
or benefited properties unless otherwise authorized by the City Commission.
Compliance with the growth management standards shall be determined
in conjunction with any land use application in accordance with the
same procedural requirements as the accompanying land use request,
except that the following shall also apply: Any published notice required
of the accompanying land use request shall indicate compliance with
the growth management standards will be considered.
For the purposes of this section, the word "insure" shall mean
a legal and enforceable document, contract or process which guarantees
to the City a public improvement will be accomplished. Assurances
include, but are not limited to, the following:
B. Cash
in escrow, assignment of letter of credit, etc.
C. Establishment
of an LID (post-remonstrance period).
D. Evidence
of formal action by other public or private agencies or companies
authorizing monies or scheduling of a requisite public improvement.
E. The
requisite improvement is included in an adopted capital improvement
program with funds assured by the City.
F. Any
other legally binding agreement which assures the improvement will
be made.