The purpose of this chapter is to:
A. Provide
rules, regulations and standards governing the approval of subdivisions,
partitions and lot line adjustments:
1. Subdivisions involve the creation of four or more lots from one parent
lot, parcel or tract, within one calendar year,
2. Partitions involve the creation of three or fewer lots within one
calendar year,
3. Lot line adjustments involve modifications to lot lines or parcel
boundaries which 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 Comprehensive
Plan;
C. Encourage
efficient use of land resources, full utilization of urban services,
and transportation options;
D. Promote
the public health, safety and general welfare through orderly and
efficient urbanization;
E. Lessen
or avoid traffic congestion, and secure safety from fire, flood, pollution
and other dangers;
F. Provide
adequate light and air, prevent overcrowding of land, and facilitate
adequate provision for transportation, water supply, sewage and drainage;
and
G. Encourage
the conservation of energy resources.
A. Subdivision
and Partition Approval Through Two-step Process. Applications for
subdivision or partition approval shall be processed through a two-step
process: the preliminary plat and the final plat.
1. The preliminary plat shall be approved before the final plat can
be submitted for approval consideration; and
2. The final plat shall include all conditions of approval of the preliminary
plat.
B. Compliance
with ORS Chapter 92. All subdivision and partition proposals shall
be in conformance to state regulations set forth in Oregon Revised
Statutes (ORS) Chapter 92, Subdivisions and Partitions.
Future Re-Division Plan. When subdividing or partitioning tracts
into large lots (i.e., greater than two times or 200% the minimum
lot size allowed by the underlying land use district), the City shall
require that the lots be of such size, shape, and orientation as to
facilitate future re-division in accordance with the requirements
of the land use district and this Code. A re-division plan shall be
submitted which identifies:
1. Potential future lot division(s) in conformance with the housing
and density standards of Division 2.
2. Potential street right-of-way alignments to serve future development
of the property and connect to adjacent properties, including existing
or planned rights-of-way.
3. A disclaimer that the plan is a conceptual plan intended to show
potential future development. It shall not be binding on the City
or property owners, except as may be required through conditions of
land division approval. For example, dedication and improvement of
rights-of-way within the future plan area may be required to provide
needed secondary access and circulation.
C. Lot
Size Averaging. Single-family residential lot size may be averaged
to allow lots less than the minimum lot size in the residential district,
as long as the average area for all lots is not less than allowed
by the district. No lot created under this provision shall be less
than 80% of the minimum lot size allowed in the underlying district.
For example, if the minimum lot size is 5,000 square feet, the following
three lots could be created: 4,000 square feet, 5,000 square feet,
and 6,000 square feet.
D. Temporary Sales Office. A temporary sales office in conjunction with a subdivision may be approved as set forth in Section
16.240.010, Temporary Use Permits.
E. Minimize Flood Damage. All subdivisions and partitions shall be designed based on the need to minimize the risk of flood damage. Development in a flood hazard designation shall comply with the standards of Chapter
16.88, Flood Hazard Overlay (FHO) District, and Federal Emergency Management Agency requirements, including fill to elevate structures above the base flood elevation.
F. Determination of Base Flood Elevation. Shall comply with Chapter
16.88 of the Warrenton Development Code.
G. Need for Adequate Utilities. Shall comply with Chapters
16.136 and
16.216.
H. Need for Adequate Drainage. All subdivision and partition proposals shall comply with Chapter
16.140.
I. Open
space shall provide opportunities for active and/or passive recreation
and may include existing stands of trees, resource areas, and storm
water facilities as outlined in this section. Active open space shall
allow human activities including recreational and social opportunities
such as play fields, playgrounds, swimming pools, plazas and other
recreational facilities. Open space may also be passive and include
human activities limited to walking, running, and cycling, seating
areas and wildlife viewing or natural areas such as a wetland.
1. A proposed subdivision preliminary plat with 20 lots or more shall
provide baseline active open space of an area equal to at least five
percent of the subject site.
2. Active open space shall be easily accessible, physically or visually,
to all members of the planned community via a minimum 30-foot wide
street frontage or access easement.
3. Active open space areas shall have a dedicated meter and underground
irrigation system to ensure adequate water supply during establishment
period (three years) and during periods of drought for all newly planted
areas.
4. Active open space shall be no smaller than the minimum lot size requirement
of the underlying zoning district with a minimum width 40 feet.
5. Active open space may abut a collector or greater classified street
as identified in the City's adopted Transportation System Plan, when
separated from the street by a constructed barrier, such as a fence
or wall, at least three feet in height.
6. Active open space shall be physically accessible to all residents
of the development.
7. Active open space shall include physical improvements to enhance
the area. Physical improvements may include benches, gazebos, plazas,
picnic areas, playground equipment, sport courts, play fields, or
other items permitted by the Planning Commission.
8. An association of owners or tenants, created as a non-profit corporation
under the laws of the state (ORS 94.572) which shall adopt and impose
articles of incorporation and bylaws and adopt and impose a declaration
of covenants and restrictions on the common open space that is acceptable
to the City Attorney as providing for the continuing care of the space.
Any subsequent changes to such CC&Rs regarding the active open
space must be approved by the City Attorney. Such an association shall
be formed and continued for the purpose of maintaining the common
open space and shall provide for City intervention and the imposition
of a lien against the entire subdivision development in the event
the association fails to perform as required.
9. A public agency which agrees to maintain the dedicated active open
space and any buildings, structures, or other improvements which have
been placed on it.
10. Dedicated active open space shall be protected by Covenants (CC&Rs)
or deed restriction to prevent any future commercial, industrial,
or residential development.
J. Street
Names.
1. All proposed streets west of Main Avenue shall have a tree or plant
life name; and all proposed streets between Highway 101 and Main Avenue
shall have a "nautical" name.
2. All proposed streets shall have directional prefixes as part of the
street name (i.e., E, NE, SW, S).
3. All proposed streets east of Highway 101 shall follow the street
naming procedure as outlined below:
a. Proposed street names shall be submitted as part of a subdivision
or partition application to the Planning and Building Department.
The request shall include the proposed name(s), the specific street
location and brief but complete background information on the name
and how it meets the street name policy. If the new street name is
indicated on the proposed plat at the time of the land use application
it shall be labeled "proposed," such as "proposed Willener Court."
b. Streets shall generally be named after people, places, events, and
things related to the City and the citizens of Warrenton. Proposed
names should meet one of the following criteria:
i. To honor and commemorate noteworthy persons associated with the City
of Warrenton, Clatsop County, and the State of Oregon;
ii. To commemorate local history, places, events or culture;
iii.
To strengthen neighborhood identity; or
iv. To recognize native wildlife, flora, fauna or natural features related
to the community and the City of Warrenton.
Consideration should be given to names of local area or historic
significance. Names of living persons should be used only in exceptional
circumstances. Only a person's last name should be used as a street
name unless additional identification is necessary to prevent duplications
of existing street names in Warrenton and Clatsop County.
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c. Names to Avoid.
i. Street names being a duplicate of an existing street in the City
of Warrenton or in Clatsop County shall be avoided.
ii. Similar sounding names such as Beach Avenue and Peach Avenue, Maywood
Court and Maywood Lane shall be avoided.
iii.
Cumbersome, corrupted or modified names, discriminatory or derogatory
names, from the point of view of race, sex, color, creed, political
affiliation or other social factors, shall be avoided.
iv. Names for public streets that could be construed as advertising a
particular business shall be avoided.
v. The reuse of a former street name should be discouraged because of
the confusion this causes in property records management and fire
and police protection.
d. Street Type Designations. Depending on roadway function, length and
configuration, designations exist to define the character of a street.
The following designations shall be used:
i. Avenue. A public or City right-of-way that runs in a north-south
direction (except for the Hammond area, which has avenues going east-west).
ii. Street. A public or City right-of-way that runs generally in an east-west
direction.
iii.
Boulevard. A major landscaped arterial that carries moderate
to heavy volumes of traffic at moderate to high speeds.
iv. Court. A local road that is of short length, that carries a low volume
of traffic at low speeds, with no cross streets and generally terminates
in a cul-de-sac.
v. Drive, Parkway, Trail. A meandering collector or arterial that carries
low, moderate or high volumes of traffic at low, moderate or high
speeds.
vi. Lane. A local road that is of short length, that carries a low volume
of traffic, at low speeds, and generally terminates in a cul-de-sac.
vii.
Place, Way. A local road that is of a short length and carries
low volumes of traffic at low speeds.
viii.
Terrace, Gardens, Grove, Heights. For low-volume, short-length
streets.
K. Flag
Lots and Lots Accessed by Mid-Block Lanes.
Infill lots may be developed as flag lots or mid-block developments
as defined in this section.
1. Flag Lots. Flag lots may be created only when a through street cannot be extended to serve future development. A flag lot must have at least 16 feet of frontage on a public way and may serve no more than two dwelling units, including accessory dwellings and dwellings on individual lots or other commercial or industrial uses. A minimum width of 12 feet of frontage for each lot shall be required when three or more flag lots are using a shared access. In no instance may more than four parcels utilize a joint access; in such instances the properties shall be served by a public or private street as the case may dictate. 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 transportation connectivity and block length standards of Section
16.120.020.
2. 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 Director may require the improvement of mid-block lanes through the block. Lots may be developed without frontage onto a public street when access is provided by mid-block lanes. Mid-block lanes are 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
3 through
5.
3. Dedication of Shared Drive Lane. A drive serving more than one lot
shall have a reciprocal access and maintenance easement recorded for
all lots. No fence, structure or other obstacle shall be placed within
the drive area. The owner shall record an easement from each property
sharing a drive for vehicle access similar to an alley. Dedication
or recording, as applicable, shall be so indicated on the face of
the subdivision or partition plat.
4. Maximum Drive Lane Length. The maximum drive lane length is subject
to requirements of the Uniform Fire Code, but shall not exceed 150
feet for a shared drive, and 400 feet for a shared rear lane.
5. Future Street Plans. Building placement and alignment of shared drives
shall be designated so that future street connections can be made
as surrounding properties develop.
(Ord. 1216-A § 2, 2018; Ord. 1225 § 10, 2019)
Adjustments to the standards of this chapter shall be processed in accordance with Chapter
16.272, Variances. Applications for variances shall be submitted at the same time an application for a land division is submitted.
The following procedures apply to subdivisions and partitions
when public improvements are required as a condition of approval:
Public Improvements Required. Before City approval is certified on the final plat, all required public improvements shall be installed, inspected, and approved; or, the subdivider shall provide a performance guarantee, in accordance with Section
16.216.090.