A.
A middle housing land division is a partition or subdivision of a
lot or parcel on which a middle housing project has been developed
or approved for development under the provisions of this code and
ORS 197.758. Middle housing land divisions are regulated by this code
and ORS Chapter 92. Townhouses, by definition, are already on their
own lots, so a middle housing land division is not applicable to townhouse
developments. Following the land division, the units of land created
in a middle housing land division, the sublots or subparcels, will
be collectively considered a single lot or parcel for all but platting
and property transfer purposes under City code and state rules and
statutes, including:
1.
Lot standards such as size, setback, lot coverage, and lot width
and depth;
2.
Definition of unit types (e.g., a detached quadplex development
where each unit is on its own lot through a middle housing land division
would still be considered a detached quadplex development rather than
four lots with single detached units);
3.
Allowed number of dwelling units and accessory dwelling units;
and
4.
Compliance with middle housing rules and statutes in ORS 197
and OAR 660-046.
B.
Applications for any land division affecting middle housing as provided in ORS 197.758(2) must be processed as an expedited land division process as outlined in ORS 197.360 to 197.380. Pursuant to the expedited land division process, a middle housing land division will be processed according to Section 19.1005 Type II Review. Further division of the resulting lots or parcels (sublots) in an approved middle housing land division is prohibited.
C.
Approval Through Two-Step Process
A middle housing land division requires a two-step process:
a preliminary plat and a final plat.
1.
Preliminary plat. A middle housing land division preliminary plat application is processed through an expedited Type II procedure, as provided in Section 19.1005.
2.
Final plat. The preliminary plat must be approved before the
final plat can be submitted for approval. The final plat must satisfy
all conditions of approval imposed as part of the preliminary plat
approval.
D.
Approval Criteria—Preliminary Plat
The approval authority may approve, approve with conditions,
or deny a middle housing land division preliminary plat based on the
following approval criteria:
1.
The proposed preliminary plat complies with Title 19 of this
code and other applicable ordinances, regulations, and design standards.
2.
The proposed division will allow reasonable development and
will not create the need for a variance of any land division or zoning
standard.
3.
The proposed subdivision plat name is not duplicative and the
plat otherwise satisfies the provisions of ORS 92.090(1).
4.
The streets and roads are laid out so as to conform to the plats
of subdivisions already approved for adjoining property as to width,
general direction, and in all other respects unless the City determines
it is in the public interest to modify the street or road pattern.
5.
A detailed narrative description demonstrating how the proposal
conforms to all applicable code sections and design standards.
6.
Approval of a preliminary plat for a middle housing land division
will be granted if the Planning Manager finds that the applicant has
met all of the following criteria:
a.
The middle housing development complies with the Oregon Residential
Specialty code and the applicable middle housing regulations in this
code. To demonstrate compliance with this criterion, the applicant
must submit approved building permits or concurrent building permits
demonstrating that existing or proposed structures comply with the
Oregon Residential Specialty Code and middle housing regulations in
Titles 12 and 19.
b.
The middle housing development is in compliance with the land
use regulations applicable to the parent lot allowed under ORS 197.758(5).
c.
Separate utility service connections for public water, sewer,
and stormwater will be provided for each dwelling unit.
d.
Easements will be provided as necessary for each dwelling unit
on the site for:
e.
Exactly one dwelling unit will be located on each sublot except
for lots or tracts used as common areas, on which no dwelling units
will be permitted.
f.
Buildings or structures on a sublot will comply with applicable
building codes provisions relating to new property lines.
g.
Structures or buildings located on the sublots will comply with
the Oregon Residential Specialty Code.
h.
Where a resulting lot abuts a street that does not meet City standards, street frontage improvements will be constructed and, if necessary, additional right-of-way will be dedicated, pursuant to Chapter 19.700.
i.
The proposed middle housing land division will not cause any
existing improvements on the sublots to be inconsistent with applicable
standards in this land use code.
E.
Conditions of Approval
The approval authority may attach such conditions as are necessary
to carry out the applicable ordinances and regulations and may require
access control strips be granted to the City for the purpose of controlling
access to adjoining undeveloped properties.
1.
The City will attach conditions of approval of a preliminary
plat for a middle housing land division to:
a.
Require that a notation appear on the final plat indicating:
(1)
The sublots shown on the tentative plan were created
pursuant to a middle housing land division and may not be further
divided.
(2)
The middle housing developed on the sublots shown
on the preliminary plat must remain middle housing and will not be
considered to be any other housing type as a result of the middle
housing land division.
(3)
Accessory dwelling units are not permitted on sublots
resulting from a middle housing land division.
(4)
Ensure that improvements associated with review
criteria in this section are provided.
b.
The preliminary plat approval of a middle housing land division
is void if and only if a final middle housing land division plat is
not approved within three years of the tentative approval.
F.
Approval Criteria - Final Plat
The Planning Manager and the City Engineer must review the final
plat and must approve or deny the final plat based on findings of
compliance with the following:
1.
The final plat complies with the preliminary plat approved by
the approval authority and all conditions of approval have been satisfied.
2.
The preliminary plat has not lapsed.
3.
The streets and roads for public use are dedicated without reservation
or restriction other than revisionary rights upon vacation of any
such street or road and easements for public utilities.
4.
The plat contains a donation to the public of all common improvements,
including, but not limited to, streets, roads, parks, sewage disposal,
and water supply systems.
5.
All common improvements required as conditions of approval have
been described and referenced on the plat, and where appropriate,
instruments to be recorded have been submitted.
6.
The plat complies with Title 19 and other applicable ordinances
and regulations.
7.
Submission of signed deeds when access control strips are shown
on the plat.
8.
The plat contains an affidavit by the land surveyor who surveyed
that the land represented on the plat was correctly surveyed and marked
with proper monuments as provided by ORS Chapter 92.060, and indicating
the initial point of the survey, and giving the dimensions and kind
of such monument, and its reference to some corner established by
the U.S. Survey or giving two or more objects for identifying its
location.
9.
The final plat includes the following:
a.
A note prohibiting further division of the sublots;
b.
Labels and descriptions for all tracts;
c.
A reference to any deed restrictions imposed on the lot or sublots
as a condition of approval of the original lot creation, sublot plat,
or development approval; and
d.
The middle housing developed on the sublots shown on the final
plat must remain middle housing and will not be considered to be any
other housing type as a result of the middle housing land division.
10.
The City's engineering department has provided written confirmation
that a sewage disposal system will be available to the sublot line
of each sublot depicted in the final sublot plat.
11.
All public improvements have been installed and inspected and
have been approved.
12.
A copy of the recorded document establishing a homeowner's association
or similar entity to manage all commonly held areas located in tracts
has been provided to the City. At a minimum this document must include
the following:
a.
A description of the common elements located in tracts.
b.
An allocation to each unit included in the sublot plat of an
undivided and equal interest in the common elements and the method
used to establish the allocation.
c.
An establishment of use rights for common elements, including
responsibility for enforcement, and
d.
A maintenance agreement for common elements, including an allocation
or method of determining liability for a failure to maintain.
(Ord. 2242, 4/16/2024)
Approval through two-step process. An expedited land division
requires a two-step process: a preliminary plat and a final plat.
A.
Preliminary Plat
Expedited land divisions are defined by ORS 197.360(1) and are processed according to Section 19.1005, Type II Review. The expedited land division/middle housing land division review process provides for review by the Planning Manager of an application based on provisions specified in this land use code. The application process includes notice to nearby occupants and property owners to allow for public comments prior to the Planning Manager's decision. Eligibility and approval criteria are detailed in Section 17.12.040(A)(7) of this title.
B.
Final Plat
The preliminary plat must be approved before the final plat
can be submitted for approval. The final plat must satisfy all conditions
of approval imposed as part of the preliminary plat approval.
C.
Approval Criteria - Preliminary Plat
The approval authority may approve, approve with conditions,
or deny a preliminary plat for an expedited land division based on
the following approval criteria:
1.
The proposed preliminary plat complies with Title 19 of this
code and other applicable ordinances, regulations, and design standards.
2.
The proposed division will allow reasonable development and
will not create the need for a variance of any land division or zoning
standard.
3.
The proposed subdivision plat name is not duplicative and the
plat otherwise satisfies the provisions of ORS 92.090(1).
4.
The streets and roads are laid out so as to conform to the plats
of subdivisions already approved for adjoining property as to width,
general direction, and in all other respects unless the City determines
it is in the public interest to modify the street or road pattern.
5.
A detailed narrative description demonstrating how the proposal
conforms to all applicable code sections and design standards.
6.
The proposed partition only includes land zoned for residential
uses;
7.
The parcels created will only be developed for residential use,
including recreational or open space accessory to residential use;
8.
The land division satisfies minimum street or other right-of-way connectivity standards established by the City's Transportation System Plan, Public Works Standards, and Chapter 19.700;
9.
The land division will 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:
10.
The land division will result in development that either:
D.
Approval Criteria - Final Plat
The Planning Manager and the City Engineer must review the final
plat and must approve or deny the final plat based on findings of
compliance with the following:
1.
The final plat complies with the preliminary plat approved by
the approval authority and all conditions of approval have been satisfied.
2.
The preliminary plat has not lapsed.
3.
The streets and roads for public use are dedicated without reservation
or restriction other than revisionary rights upon vacation of any
such street or road and easements for public utilities.
4.
The plat contains a donation to the public of all common improvements,
including, but not limited to, streets, roads, parks, sewage disposal,
and water supply systems.
5.
All common improvements required as conditions of approval have
been described and referenced on the plat, and where appropriate,
instruments to be recorded have been submitted.
6.
The plat complies with the Zoning Ordinance and other applicable
ordinances and regulations.
7.
Submission of signed deeds when access control strips are shown
on the plat.
8.
The plat contains an affidavit by the land surveyor who surveyed
that the land represented on the plat was correctly surveyed and marked
with proper monuments as provided by ORS Chapter 92.060, and indicating
the initial point of the survey, and giving the dimensions and kind
of such monument, and its reference to some corner established by
the U.S. Survey or giving two or more objects for identifying its
location.
(Ord. 2242, 4/16/2024)
