Chapter 17.176 SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS

17.176.010 General provisions.

17.176.020 Application and fee.

17.176.030 Process.

17.176.040 Final plat requirements.

17.176.050 Final plat approval.

17.176.060 Subdivision of a mobile home park.


17.176.010 General provisions.

A. All subdivisions and planned unit developments (PUDs) shall conform to all applicable zoning district Standards, development standards and other provisions of this title.

B. A master plan for development is required for any application that leaves a portion of the subject property capable of redevelopment. (Ord. 619, 2003)

17.176.020 Application and fee.

A. The following submittal requirements shall apply to all preliminary plan applications for subdivisions and PUDs:

1. All applications shall be submitted on forms provided by the city to the city recorder along with the appropriate fee. It shall be the applicant’s responsibility to submit a complete application that addresses the review criteria of this chapter;

2. The applicant shall submit ten (10) clear and legible copies of the preliminary plan on sheets that are twenty-four (24) inches by thirty-six (36) inches in size. Preliminary plans shall be drawn to a scale of one-inch equals one hundred (100) feet or larger;

3. General Information. The following general information shall be shown on the preliminary plan:

a. Vicinity map extending one thousand two hundred (1,200) feet in each direction showing all streets, property lines, streams, and other pertinent data to locate the proposal;

b. North arrow, scale of drawing and date of preparation;

c. Tax map and tax lot number or tax account of the subject property;

d. Dimensions and size in square feet or acres of the subject property;

e. The names and addresses of the property owner, partitioner and engineer, surveyor, or other individual responsible for laying out the partition.

4. Existing Conditions. The preliminary plan shall show:

a. Location of all existing easements within the property;

b. Location of city utilities (water, sanitary sewer, storm drainage) within or adjacent to the property proposed for use to serve the development;

c. The location and direction of watercourses or drainage swales. The location and disposition of any wells, wetlands identified on the State Wetland Inventory, septic tanks, and drain fields in the development;

d. Existing uses of the property, including location of existing structures on the property. It should be noted whether the existing structures are to be removed or to remain on the property;

e. Contour lines related to an established benchmark, having the following minimum intervals:

i. Areas with less than five percent slope: one-foot contours;

ii. Areas with slope between five percent and ten (10) percent: two-foot contours;

iii. Areas with slope greater than ten (10) percent: five-foot contours;

5. Proposed Plan. The preliminary plan shall clearly show to scale the following:

a. Proposed name of the PUD or subdivision;

b. Locations, approximate dimensions and area in square feet of all proposed lots. Identification of each lot and block by number;

c. Proposed streets and their names, approximate grade, radius of curves, and right-of-way widths;

d. Any other legal access to the subdivision or PUD, other than a public street;

e. Location, width and purpose of any proposed easements;

f. If the development is to be constructed in phases, indicate the area of each phase.

6. Supplemental Information. Proposed deed restrictions, if any, in outline form.

B. The following supplemental information shall be required for all PUD preliminary plan applications:

1. Calculations justifying the proposed density of development as required by Section 17.112.050(C);

2. Proposed uses of the property, including sites, if any, for attached dwelling units, recreational facilities, parks and playgrounds or other public or semi-public uses, with the purpose, condition and limitations of such reservations clearly indicated;

3. The approximate location and dimensions of all commercial or multi-family structures proposed to be located on the site;

4. Statement of improvements to be made or installed including streets, sidewalks, bikeways, trails, lighting, tree planting, landscaping, and time such improvements are to be made or completed;

5. Written statement-outlining proposals for ownership and maintenance of all open space areas, private streets and any commonly owned facilities. (Ord. 619, 2003)

17.176.030 Process.

A. Preliminary plans for subdivisions and PUDs shall be reviewed in accordance with the Type II review procedures.

B. Approvals of any preliminary plans for a subdivision or PUD shall be valid for one year after the date of the written decision. A final plat for a subdivision shall be recorded within this time period or the approvals shall lapse. PUDs that do not involve the subdivision of property shall show substantial progress toward the construction of the project within the one-year period or the approval shall lapse.

C. The planning commission may extend the approval period for any subdivision or PUD for not more than one additional year at a time. Requests for extension of approval time shall be submitted in writing thirty (30) days prior to the expiration date of the approval period.

D. If the approval period is allowed to lapse, the applicant must resubmit the proposal, including all applicable fees, for public hearing before the planning commission. The applicant will be subject to all applicable standards currently in effect. (Ord. 619, 2003)

17.176.040 Final plat requirements.

A. Preparation. The final plat shall be submitted to the city in a form and with information consistent with this title, county survey and map standards and state laws including ORS 92.010-160 for plats of record and ORS 209.250 for surveys.

B. Number of Copies. The applicant shall submit three identical reproducible copies of the final plat for signature. The plats shall be Mylar, meeting the requirements of the county recorder and the county surveyor.

C. Information Required. In addition to any information specified by current state law or county regulations, the following information shall be shown on the final plat:

1. The area of each lot shall be shown in square feet. For parcels larger than one acre, the area shall be shown to the nearest hundredth of an acre. When front lot lines are on a curve or arc, the front lot line distance shall be indicated by bearing and chord distance;

2. Identification of land to be dedicated for any purpose, public or private, to distinguish it from lots or parcels intended for sale. The following phrases shall be used when identifying open space dedications:

a. Common open space: used to identify those parcels of land created for the purpose of common ownership, enjoyment and maintenance by an approved homeowner’s association or is listed as being held in common ownership, with appropriate deed restrictions and responsibilities, by owner’s of property within the development;

b. Public open space: used when identifying those parcels of land dedicated to the city for open space purposes. (Ord. 622, 2004)

17.176.050 Final plat approval.

A. Within one year of the final decision approving a preliminary plat, a final plat shall be recorded. If the final plat is not submitted within one year, the preliminary approval shall lapse.

B. The city manager shall upon written request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months provided that:

1. No changes are made to the approved preliminary plat; and

2. There have been no changes in existing conditions, facts, or applicable policies or ordinance provisions on which the original approval was based.

C. After the final plat has been submitted, the city staff shall review and compare it with the approved preliminary plan to ascertain whether the final plat conforms substantially to preliminary plan and to the conditions of approval as were imposed. The chairperson shall signify planning commission approval of the final plat by signing all three reproducible copies of the plat.

D. No final plat shall be approved unless:

1. The plat is in substantial conformance with this title and the provisions of the preliminary plan as approved, including any conditions imposed in connection therewith;

2. The plat contains free and clear of all liens and encumbrances a donation to the public of all common improvements, including but not limited to streets, roads, sewage disposal and water supply systems, the donation of which is required by this title or was made a condition of the approval of the preliminary plat;

3. Explanations of all common improvements required as conditions of approval of the preliminary plan have been recorded and referenced on the plat;

4. All reserve blocks shown on the preliminary plan or required as conditions of approval have been deeded in fee simple to the city;

5. The city has received adequate assurances that the applicant has agreed to make all public improvements which are required as conditions of approval of the preliminary plan. The following constitute acceptable adequate assurances:

a. Certification by the city engineer that all required public improvements are completed and approved by the city; or

b. The city engineer certifies that seventy-five (75) percent of the improvements are completed and a performance guarantee as provided by Section 17.216.010.

E. If the city recorder finds that conditions specified in subsection D of this section have not been met, the applicant shall be advised of the changes that must be made and afforded the opportunity to comply. Rejection of a final plat shall not affect the preliminary plan approval.

F. When the city recorder finds that the final plat is in substantial conformity to the approved preliminary plan and is otherwise in lawful form, the city recorder shall sign and date all three reproducible copies of the plat.

G. Following endorsement of the plat by the city recorder, the mayor and the city engineer, the applicant shall:

1. Pay all required review fees;

2. Complete all action required by ORS 92.100;

3. Obtain any other approval signature required by state or county laws, ordinances or regulations;

4. Deliver the approved subdivision plat and accompanying documents to the county clerk for recording;

5. Deliver a signed Mylar copy and three copies of the recorded subdivision plat to the city recorder’s office.

H. Effective Date for Final Plat Approval. The approval process for a development shall become final upon the recording of the approved final plat together with any required documents with the county clerk. Approved final plats shall become void one year after final city approval if they are not recorded. (Ord. 619, 2003)

17.176.060 Subdivision of a mobile home park.

The proposed subdivision of manufactured or mobile home parks under the requirements of ORS 92.830 to 92.845 shall be processed as follows.

A. The subdivision of an existing mobile home park shall be approved provided:

1. The park is in compliance with all standards for a mobile dwelling park or is an approved nonconforming use. A park is in compliance if the city has not issued a written notice of noncompliance on or before July 2, 2001;

2. The tentative subdivision plan does not increase the number of lots approved for the park, change the boundary lines, or setback requirements, or make other development changes; and

3. A plat is prepared and recorded in compliance with all regulations of this title and Oregon Revised Statutes.

B. A subdivision of an existing mobile home park is not required to meet the minimum lot size, frontage, setback requirements, or street standards of this title, with the following exception that new structures located within yards abutting properties outside of the subdivision must meet all setback requirements or be approved for a variance.

C. A subdivision of an existing mobile home park shall be subject to formation of a homeowners association for continued maintenance of streets and open space areas within the subdivision. (Ord. 619, 2003)