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:
a.
Open spaces, mapped historic properties as identified on Map 3 on the comprehensive plan, and mapped natural resources as regulated by Section
19.402; or
b.
The Willamette River Greenway as regulated by Section
19.401.
10.
The land division will result in development that either:
a.
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; or
b.
Will be sold or rented to households with incomes below 120%
of the median family income for Clackamas County.
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)