Jefferson City Zoning Code
CHAPTER 12
80 LAND DIVISION PROCEDURES
§ 12.80.010 Partitionings.
The applicant shall submit the original application form and five copies; one reproducible copy and 10 copies of the tentative plan; one original and five copies of a written narrative; the written narrative shall also be provided in a word processing format accessible by the City and emailed to the City Recorder (a pdf file format is not acceptable); one set of Assessor's maps; and the appropriate filing fees to the City Recorder. No partition final plat may be accepted by the City until the Planning Commission has approved the tentative plan. The application and tentative plan materials shall include the following information:
A.
Vicinity map;
B.
Names, addresses and telephone numbers of the landowner(s), developer(s) and mortgagee(s), the engineer or surveyor;
C.
North arrow, scale and date of preparation;
D.
Deed showing the owner of the subject property and a legal description of the subject property;
E.
Statement of proposed use for each parcel;
F.
Location, width and improvements of the street(s) serving the parcel;
G.
Location and size of public services to the proposed parcels, including, but not limited to, sanitary sewer, storm sewer, and water, including the associated facilities such as fire hydrants, pumps, pump stations, vaults, manholes, valves, and catch basins;
H.
Location of building(s) to be demolished and to remain, slope of the land, drainage ways, natural features (marshes, rock outcroppings, trees, etc.) and easements;
I.
The proposed parcel lines, dimensions and area of all proposed parcels;
J.
Any areas within the 100 year floodplain;
K.
Tax lot, Assessor's map number, township and range of the subject property;
L.
One set of full size (about two feet by two feet) Assessor's maps covering the subject property and the notification area around the subject property;
M.
Location and size of private utilities, including power, telephone, natural gas and cable, and their associated facilities;
N.
A written narrative stating how the proposed partition meets the Development Code requirements;
O.
The use of the properties abutting the subject property;
P.
Other information deemed by the City to be necessary, including, but not limited to, a traffic impact analysis, wetlands analysis, geo-technical analysis, homeowners association by-laws, and conditions, covenants and restrictions.
(DC § 9.010; Ord. 536 § 4, 1993; Ord. 668 § 1, 2010)
§ 12.80.020 Staff review.
The application shall be reviewed by the City to determine if it is complete.
(DC § 9.020; Ord. 668 § 1, 2010)
§ 12.80.030 Planning Commission action.
A.
The Planning Commission shall consider the proposed partitioning in a Type A procedure at a meeting (no public hearing required). The Planning Commission may approve, approve with conditions or deny the application. The Planning Commission shall adopt findings and conclusions in support of the decision.
B.
The Planning Commission shall deny an application for partitioning when it appears the partitioning is part of a plan or scheme to create more than three parcels over time without going through the subdivision process, or is part of a development pattern having the effect of creating more than three parcels over time without subdividing.
(DC § 9.030; Ord. 668 § 1, 2010)
§ 12.80.040 Partitions-Final plat.
A.
The applicant shall submit a mylar final plat to the City. The mylar final plat shall comply with the tentative plan approval, the Development Code, Oregon Revised Statute 92, Subdivisions and Partitions, and Oregon Revised Statute 209, County Surveyors, and any Marion County Surveyor's Office requirements.
B.
Filing or recording of separate legal documents to achieve compliance with the tentative plan or Development Code may be permitted by the City Recorder when it can be shown that placing such information on the final plat is not required to achieve compliance with the tentative plan or the Development Code. When a separate legal document is filed describing a geographically based restriction (such as an easement) the described areas shall be marked with a colored ink (other than black), on the City's paper copies of the final plat. A description of, or reference to, any other restrictions attached to the partition shall also be noted on the City's paper copies.
(DC § 9.050; Ord. 668 § 1, 2010)
§ 12.80.050 Property line adjustment survey.
A property line adjustment may be processed with a site plan approval. After the site plan approval, a draft survey of the adjusted property line shall be submitted to and reviewed by the City to ensure it complies with the Planning Commission's site plan decision and then recorded by the applicant at the County Surveyor's Office.
(DC § 9.060; Ord. 668 § 1, 2010)
§ 12.80.060 Approval signatures for partition final plat.
Prior to recordation with the recording officer of Marion County, the applicant shall provide to the City Recorder two full size paper copies (about 18 by 22 inches) of a draft partition final plat prepared by the surveyor. If the draft is in compliance with the tentative plan approval, and all required public facility improvements have been completed the City Recorder will notify the applicant it is in compliance and the surveyor may prepare the mylar final plat. If it is not in compliance, the City Recorder shall notify the applicant of the needed changes. The applicant shall submit the mylar final plat to the City Recorder and if it complies with the tentative plan approval, the City Recorder may sign the final plat in the signature block, designating the City's approval of the final plat. The signed mylar final plat shall be forwarded to the County Surveyor for review and forwarded to the County Recorder for recording. No later than two weeks after the recording the applicant shall submit to the City two full size paper copies of the recorded final plat for the City's files. The City shall issue no building permit, construction permit or other permit for the properties shown on the final plat until the City receives the two paper copies of the recorded final plat.
(DC § 9.070; Ord. 668 § 1, 2010)
§ 12.80.080 Tentative subdivision sketch.
The applicant shall submit a sketch to the city recorder of a tentative scheme for the layout of the property to be subdivided. Following preliminary consultation, the applicant may proceed to prepare a preliminary plat for submission to the Planning Commission.
(DC § 9.110)
§ 12.80.090 Submission of tentative plan.
The applicant shall prepare a tentative plan and other supplemental material as may be required to indicate the general program and objectives of the project, and shall submit the tentative plan and supplemental materials to the City Recorder with the appropriate fee.
(DC § 9.120; Ord. 536 § 4, 1993; Ord. 668 § 1, 2010)
§ 12.80.100 Planning Commission action.
The Planning Commission shall consider the proposed preliminary subdivision plat in a Type B procedure at a regular meeting (notification and hearing requirements must be met). The Planning Commission, when considering the request, may deny, approve, or approve with conditions. As in any action of the Planning Commission, findings and conclusions must be made supporting the decision.
(DC § 9.125)
§ 12.80.110 Information required on the preliminary plat.
The preliminary plat shall include the following information:
A.
The date, scale, north point, legend, and controlling topography such as creeks, ditches, highways, and railroad rights-of-way;
B.
Legal description of the tract boundaries;
C.
Location of subdivision by section, township and range, and a legal description sufficient to define the location and boundaries of the proposed tract or the tract designation or other description according to the real estate records of the County Assessor;
D.
Names and addresses of owner(s), subdivider, and engineer or surveyor;
E.
Vicinity Map. If the detailed map does not show the following information, a vicinity map at a small scale (400 feet to the inch) shall be prepared showing:
1.
All existing subdivision, streets and tract lines of acreage land parcels immediately adjoining the proposed subdivision and between it and the nearest existing major streets,
2.
Name of the record owners of all contiguous land parcels,
3.
How streets and alleys in the proposed subdivision may connect with existing proposed streets and alleys in neighboring subdivisions, or undeveloped property, to produce the most advantageous development of the entire neighborhood area;
F.
Detailed Map. The preliminary plat shall be drawn at a scale of one inch equals 50 feet or one inch equals 100 feet, or for areas over 100 acres, one inch equals 200 feet;
G.
General Information. The following general information shall be shown on the preliminary plat:
H.
Existing Conditions. The following existing conditions shall be shown on the preliminary plat:
1.
The location, widths and names of all existing or platted streets or other public ways within or directly adjacent to the tract; and other important features, such as railroad rights-of-way, and City boundary lines,
2.
The location in the adjoining streets or property of existing sewers and water mains, culverts and drain pipes, electric conduits or lines proposed to be used on the property to be subdivided and invert elevations of sewers at points of proposed connections,
3.
Contour lines having the following minimum intervals:
a.
One foot contour intervals for ground slopes less than five percent,
b.
Two-feet contour intervals for ground slopes between five percent and ten (10) percent,
c.
Five-feet contour intervals for ground slopes exceeding 10%,
d.
The elevations of all control points which are used to determine the contours,
e.
Contours shall be related to City of Jefferson datum,
4.
Approximate location of areas subject to inundation or stormwater overflow with approximate high water elevation,
5.
Location, width, direction and flow of all watercourses,
6.
Location of properties within the 100 year floodplain and other areas subject to flooding or ponding (see Section 12.32.160),
7.
Existing uses of the property and adjacent property within 100 feet including location of all existing structures to remain on the property,
8.
Zoning adjacent to the tract;
I.
Proposed Plan of Subdivision. The following shall be included on the preliminary plat:
1.
Proposed Streets. Location, widths, names, approximate radii or curves. The relationship of all streets to any projected streets as shown on any development plan adopted by the Planning Commission,
2.
Easements. Location on the site or abutting property, showing the width and purpose of all easements,
3.
Lots. Approximate dimensions of all lots, minimum lot size, proposed lot and block numbers,
J.
Explanatory Information Required. The following additional information shall be submitted with the preliminary plat:
1.
The names and addresses of all owners within 300 feet of the proposed subdivision,
2.
Findings indicating compliance with applicable provisions of the Comprehensive Plan,
3.
Total acreage in the subdivision and the percent of land dedicated to the public, not including easements,
4.
All public improvements proposed to be installed and the approximate time installation is desired,
5.
Special improvements to be made by the developer and the approximate time such improvements are to be completed (examples include entrance signs or walks, berms, bus stands, etc.). Sufficient detail regarding proposed improvements shall be submitted so that they may be checked for compliance with the objectives of these regulations, state laws and other applicable City ordinances. If, however, the nature of the improvement is such that it is impractical to prepare all necessary details prior to approval of the preliminary plat, the additional details shall be submitted at least 30 days prior to approval of the final plat.
(DC § 9.130)
§ 12.80.120 Future street proposal required.
A.
Except as provided below, a future street proposal shall be filed in conjunction with an application for a subdivision or partition. The proposal shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division to include the other tracts within 200 feet surrounding and adjacent to the proposed land division.
B.
A future street proposal shall not be required for any portion of the area for which a proposed street plan layout has been established by either the Comprehensive Plan or a future street proposal previously approved by the Planning Commission or where surrounding property is substantially developed.
C.
The Planning Commission will have the authority to adopt a proposed street plan submitted by an applicant or can initiate a proposed street plan for an area for which there is not a proposal for a land division.
(DC § 9.135)
§ 12.80.130 Criteria for approving preliminary plat (partition and subdivision) and street plan.
In approving a tentative land division plan or adopting a proposed street plan, the Planning Commission shall find the following:
A.
Development of any remainder of property under the same ownership can be accomplished in accordance with the Development Code;
B.
Adjoining land can be developed or is provided access that will allow its development in accordance with the Development Code;
C.
The proposed street plan affords the best economic, safe and efficient circulation of traffic possible, under the circumstances;
D.
Conditions necessary to satisfy the intent of the Development Code can be satisfied prior to final plat approval.
(DC § 9.140)
§ 12.80.140 Expiration of preliminary plat approval for partitions and subdivisions.
A preliminary plat approval for a partition or a subdivision is valid for a period of 18 months from the effective date of approval, subject to extension as provided in Section 12.80.145. If the final plat has not been approved by the City and recorded with the county within the period of validity, the preliminary plat approval shall expire and a final plat may not be approved nor recorded without a new preliminary plat approval.
(DC § 9.150; Ord. 618 § 1, 2000)
§ 12.80.145 Extension of preliminary plat approval for partitions and subdivisions.
An extension of preliminary plat approval for a partition or subdivision may be granted by the development official subject to the following provisions:
A.
The applicant must request the extension before the expiration date; however, the request may be processed and the extension granted retroactively after the expiration date.
B.
At the time of the request, the applicant must pay an extension fee established by resolution.
C.
One extension may be granted for nine months. No further extensions may be granted.
D.
Extensions may be granted only if there have been no changes to the proposed development and facts presented in the original application and no changes to the criteria that were used to evaluate the initial application. If there have been changes to the proposal, the facts or the criteria, a new application for preliminary plat approval must be submitted.
E.
The applicant must demonstrate and the development official must certify one of the following:
1.
That substantial progress has occurred by the time of the request and that completion is reasonably expected within the extension period; or
2.
That factors beyond the reasonable control of the applicant have prevented progress, and that those impediments are reasonably expected to be eliminated within the extension period.
(Ord. 618 § 2, 2000)
§ 12.80.150 Subdivision final plat requirements.
The applicant shall submit one reproducible copy and three prints of the final plat to the City. Submittal of the final plat to the county surveyor and county recorder shall be according to applicable state and county requirements.
A.
Preparation. The final plat shall be submitted to the City in a form required by these regulations and state laws including ORS 92.050-120 for plats of record.
B.
Information Required. In addition to that specified by state law, the following information shall be shown on the final plat:
1.
The date, scale, north point, legend and controlling topography such as creeks, ditches, highways, and railroad rights-of-way;
2.
Legal description of the tract boundaries and the file number of the subdivision;
3.
Name and address of the owner(s), subdivider and surveyor;
4.
Reference points of existing surveys identified, related to the plat by distances and bearing and referenced to a field book or map as follows:
a.
Stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision,
b.
Adjoining corners of adjoining subdivisions,
c.
Other monuments found or established in making the survey of subdivision or required to be installed by provisions of the Development Code;
5.
Preliminary control points if such are established by the City; description and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat shall be referenced;
6.
The location and width of streets and easements intercepting the boundaries;
7.
One hundred year floodplain or high water line for any body of natural drainageway (see Section 12.32.160), together with the method or source of such determination;
8.
Lines with dimensions, bearings, or deflection angles, radii, arcs, points of curvature and tangent bearings for tract, lot and boundaries and street bearings shall be shown to the nearest ten seconds with basis of bearings. All distances shall be shown to the nearest one hundredth feet;
9.
The width of the portion of streets being dedicated, the width of any existing right-of-way and the width of each side of the center line. For streets on a curvature, curve data shall be based on the street center line and, in addition to center line dimensions, the radius, chord distance, bearing, and central angle shall be indicated;
10.
Easements, clearly identified and, if already of record, their recorded reference. If an easement is not definitely recorded, a statement of the easement shall be given. The bearing, and sufficient ties to locate the easement with respect to the subdivision, shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication. The purposes of easements shall also be identified;
11.
Lot numbers beginning with the number "1" and continuing consecutively in each block in the subdivision;
12.
Block number beginning with the number "1" and continuing consecutively without omissions or duplication throughout a subdivision. The numbers shall be of sufficient size and thickness to stand out and so placed as not to obliterate and disfigure. Block numbers in addition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision;
13.
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" shall be used to identify those parcels of land created for the purpose of common ownership, enjoyment and maintenance by an approved homeowners association group or is listed as being held in common ownership, with appropriate deed restrictions and responsibilities, by owners of property within the subdivision,
b.
"Public open space" shall be used when identifying those parcels of land dedicated to the City for open space purposes,
c.
"Open space easement" shall be used to identify that portion of a lot or lots that have established an open space easement agreement with the City;
14.
The following certificates, which may be combined where appropriate:
a.
A certificate signed by the city recorder certifying City approval,
b.
A certificate signed and acknowledged by all parties having record title interest in the land, consenting to the preparation and recording of the plat,
c.
A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final plat and intended for the exclusive use of the lot owners in the subdivision, their licenses, visitors and servants,
d.
A certificate signed by the surveyor responsible for the survey and final map, the signature accompanied by seal, attesting that applicable requirements of City, state and county requirements have been met,
e.
Other certifications required by laws;
15.
Filing of separate legal documents to achieve any of the above requirements (subsections (B)(1)—(15) of this section) may be permitted by the Planning Commission when it can be shown that placing such information on the final map is not required to achieve the purposes of the Development Code. When a separate legal document is filed describing a geographically based restriction (such as an easement) the described area shall be marked with colored ink (other than black) on the City copy. A description of or reference to any other restrictions attached to the subdivision approval shall also be noted on the City copy;
16.
Supplementary information:
a.
A copy of any deed restrictions,
b.
A copy of any dedication requiring separate documents,
c.
Legal documents conveying property to the City,
d.
Assurance satisfactory to the city engineer that improvements installed by the subdivider will be in conformance with the standards of the City and that streets and pedestrian ways will be improved,
e.
Boundary and lot closure computations and total area of each lot, parcel, and open space dedication, in square feet or acres,
f.
Title report or subdivision guarantee;
17.
All monumentation shall comply with standards established for subdivisions as stated in ORS 92. Witness corners may be set when it is impractical or impossible to set a monument in its true position providing course and distance is given to the true position. All monuments shall be clearly identified with the surveyor's name or registration number. Unless waived by the city engineer, the intersection of all street center lines shall be monumented according to City specifications.
(DC § 9.160)
§ 12.80.165 Public improvements required for final plat approval for subdivisions.
A.
A final plat may be approved only when all of the required public improvements have been completed and accepted by the City. The performance security for public improvements for subdivisions shall be a developer agreement as specified in Section 9.16.060.C.3.
B.
Exception. The city engineer may authorize the approval of a final plat before the completion of all public improvements if construction is substantially complete, the remaining items are relatively minor, and a sufficient financial security has been provided as specified in Section 9.16.060.C.1 or 2.
(Ord. 618 § 3, 2000)
§ 12.80.170 Submission and review of subdivision final plat or final map for approval signatures.
A final plat shall be submitted to the city recorder and he/she shall determine whether the material conforms with the approved tentative plan or map and with the applicable requirements of the Development Code under the Type A procedure. If the city recorder determines that there is a failure to conform, the applicant shall be advised and afforded an opportunity to make corrections. When the plat or map is found to conform, the city recorder shall sign and date the plat and take the following additional actions, or advise the applicant to do the same:
A.
As required by ORS 92.100, obtain the approval signature thereon by the surveyor serving the City certifying that the subdivision plat complies with applicable survey laws. Before so certifying, the surveyor may cause field investigations to be made to verify that the plat survey is sufficiently accurate. If it is determined that there has been a failure to comply, the applicant shall be notified and afforded an opportunity to make corrections. When the plat is found to conform, it shall be signed and dated by the surveyor;
B.
As required by ORS 92.110, obtain the approval signatures thereon of the board of directors, or board's delegate, of any irrigation district, drainage district, water control district or districts improvement company if the subdivision is within such district;
C.
Obtain the approval signatures thereon of the County Board of Commissioners;
D.
Obtain the approval signature thereon of the County Assessor, certifying that all taxes on the property have been paid or bonded for, in accordance with State law;
E.
Deliver the approved subdivision plat and accompanying documents to the County Recorder for recording;
F.
Deliver a signed mylar copy and four blueprints of the approved subdivision plat to the City.
(DC § 9.180)
§ 12.80.180 Effective date for final plat or plan approval for subdivisions.
A.
The approval process for a subdivision shall become final upon the recording of the approved subdivision plat, under ORS 92.120(1), and the recording of the approved plat together with any required documents with the county recorder. Subdivision plats may not be recorded after the expiration of the period of validity specified in Section 12.80.140.
B.
All subdivision lots platted prior to 1993 shall conform to the current development standards, including, but not limited to, permitted uses, minimum square footage for duplex and multifamily dwelling units, property line setbacks, open space, lot coverage, height limitations, and parking and utility requirements.
(DC § 9.190; Ord. 618 § 4, 2000)
§ 12.80.190 Lot and block arrangements.
In any residential land division, lots and blocks shall conform to the following standards in addition to the provisions of Chapter 12.40:
A.
Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reason of topography or other conditions, in securing building permits to build on all lots in compliance with the requirements of the Development Code, with the exception of lots designated for open space use.
B.
Lot Dimensions. The lot dimensions shall comply with the minimum standards of the Development Code. When lots are more than double the minimum area designated by the district, the Planning Commission shall require that such lots be arranged so as to allow further subdivision and the opening of future streets where it would be necessary to serve such potential lots.
C.
Double Frontage Lots and Access to Lots. Double frontage lots shall be avoided except where necessary to provide separation of residential developments from streets of collector and arterial street status, or to overcome specific disadvantages of topography and/or orientation. When driveway access from arterial is necessary for several adjoining lots, the Planning Commission shall require that such lots, are served by a combined access driveway in order to limit possible traffic hazards on such streets. The driveway should be designed and arranged so as to avoid requiring vehicles to back into traffic on arterials. An access control strip shall be placed along all lots abutting arterial streets requiring access onto the lesser class street where possible.
D.
Side Yards. As far as practical the side property lines of a lot shall run at right angles to the street upon which it faces, except that on a curved street the side property line shall be radial to the curve.
E.
Blocks. Blocks shall not exceed 1,200 feet in length without street separation and shall not exceed 800 feet without improved pedestrian way separation, except blocks adjacent to arterial streets, or unless previous adjacent layout or topographical conditions justify a variation. The recommended minimum distance between arterial street intersections is 1,800 feet.
F.
Cul-de-Sac Lots. In any residential district no more than five lots or units shall have access on a cul-de-sac bulb except that additional lots or units may be permitted where one additional off-street parking space is created for each unit which has access on a cul-de-sac bulb. The minimum frontage of a lot on a cul-de-sac shall be 25 feet as measured perpendicular to the radius.
G.
Flag Lots. Flag lots should be discouraged and allowed only when absolutely necessary to provide adequate access to buildable sites and only where the dedication and improvement of a public street cannot be provided. The minimum width for a flag lot is 22 feet, except where point access is shared by an access and maintenance agreement, in which case each lot shall have a minimum width of 12 feet and a combined minimum of 24 feet.
H.
Street Intersections. At all street intersections, an arc along the property lines shall be established so that construction of the street at maximum allowable width, centered in the right-of-way, shall require not less than 20 foot radius of the curb line.
(DC § 9.200)
§ 12.80.195 Parkland dedication or fee in lieu of dedication.
A.
Except as provided in subsection B, subdivision applications under this chapter shall include a dedication of parkland to the City equal to seven percent of the gross land area of the subject property in accordance with Section 12.80.110(J)(3). The location of parkland dedicated under this section shall be identified on the final plat for the subdivision in accordance with Section 12.80.150(B)(13).
B.
Pursuant to the factors set in subsection C, the City, in its sole discretion, may require a subdivision applicant to pay a fee equal in value to the fair market value of seven percent of the gross land area of the subject property in lieu of the parkland dedication in subsection A, or it may require a combination of land acreage and fee. The City, in its sole discretion, may establish the fee under this subsection based on one of the following:
1.
The Marion County Assessor's current tax year fair market value of the subject property; or
2.
The purchase price of the subject property if the sale or transfer occurred within the last 24 months; or
3.
Appraisal of the land conducted within the 12 months prior to the date of application; or
4.
An equitable value agreed to by the City and the applicant.
C.
The City shall consider the following factors to determine whether to require a fee under subsection B in lieu of dedication:
1.
The topography, geology, access, parcel size, and location of land in the development available for dedication;
2.
Potential adverse or beneficial effects on environmentally sensitive areas;
3.
Compatibility with the City's Parks and Recreation Capital Facilities Plan, the City's Comprehensive Plan, and the City's Capital Improvement Program;
4.
The City's open space and park needs;
5.
The feasibility of dedication.
D.
A date within 60 days of the submission of the tentative plan shall be used to determine the value under subsection B, except that appraised value shall always be determined subsequent to the parcel's annexation to the City if the parcel is unannexed.
E.
If the City allows a fee in lieu of dedication under this section, the applicant shall pay the fee to the City prior to the City's approval of the final plat.
(Ord. 718 § 4, 2021)
§ 12.80.200 Definition.
An expedited land division is an action of the City as defined in Section 12.04.080.
(DC § 9.310)
§ 12.80.210 Information submittal deadline.
The staff report to the Planning Commission shall be available at least seven days prior to the Planning Commission meeting.
(DC § 9.315; Ord. 668 § 1, 2010)
§ 12.80.220 Exclusion.
The decisions made under an expedited land division process are not land use or limited land use decisions and are not subject to the permit requirements of City enabling legislation. Decisions are not subject to the Comprehensive Plan and not eligible for appeal to the Land Use Board of Appeals (LUBA).
(DC § 9.320)
§ 12.80.230 Complete application.
The City Recorder and/or land use planning staff shall review an application and make a decision on its completeness within 21 days of submittal. Upon determination of an incomplete application, the applicant has 180 days to submit the missing information.
(DC § 9.330)
§ 12.80.240 Consistency with Development Code and criteria.
An application to the City for an expedited land division shall describe the manner in which the proposed division complies with the definition (as stated in Section 12.04.080), meets the following criteria, and complies with the regulations as stated in Section 12.80.260:
A.
Is zoned for residential uses and is within an urban growth boundary, is solely for the purposes of residential uses, and is within an urban growth boundary;
B.
Does 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 open spaces, scenic and historic areas and natural resources;
C.
Satisfies minimum street or other right-of-way connectivity standards established by acknowledged land use regulations or, if such standards are not contained in the applicable regulations, as required by statewide planning goals or rules; and
D.
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.
(DC § 9.331)
§ 12.80.250 Procedures.
When requested by an applicant for an expedited land division, in lieu of the partition procedure set forth in its Comprehensive Plan and Development Code, the City shall use the following procedures for an expedited land division under this article:
A.
If the application for an expedited land division is incomplete, the City shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. For purposes of computation of time under this section, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.
B.
If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.
(DC § 9.332)
§ 12.80.260 Applicable regulations and scope of review.
The provisions of this article shall apply to all elements of the City's Comprehensive Plan and Development Code applicable to land divisions and any procedures designed to regulate:
A.
The physical characteristics of permitted uses;
B.
The dimensions of the lots or parcels to be created; and
C.
Transportation, sewer, water, drainage, and other facilities or services necessary for the proposed development, including but not limited to right-of-way standards, facility dimensions and on-site and off-site improvements.
(DC § 9.340)
§ 12.80.270 Notice of application.
The City shall provide written notice of the receipt of the completed application for an expedited land division to any state agency, City or county department, or special district responsible for providing public facilities and services to the development and to owners of property within 100 feet of the entire contiguous site for which the application is made. The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the hearings officer under state law, this requirement shall be deemed met when the City can provide an affidavit or other certification that such notice was given. Notice shall also be provided to any neighborhood or community planning organization recognized by the City Council and whose boundaries include the site.
(DC § 9.350)
§ 12.80.280 Notice contents.
The notice under this article shall state:
A.
The deadlines for submitting written comments;
B.
That issues that may provide the basis for an appeal to the hearings officer must be raised in writing prior to the expiration of the comment period;
C.
That issues must be raised with sufficient specificity to enable the City to respond to the issue;
D.
The applicable criteria for the decision;
E.
The street address or other easily understood geographical reference to the subject property;
F.
The place, date and time that comments are due;
G.
The time and place where copies of all evidence submitted by the applicant will be available for review;
H.
The name and telephone number of the City contact person; and
I.
A brief summarization of the local decision-making process for the expedited land division decision being made.
(DC § 9.351)
§ 12.80.290 Comments and initial decision making.
A.
After notice, the City shall:
1.
Provide a 14 day period for submission of written comments prior to the decision;
2.
Make a decision to approve or deny the application within 63 days of receiving a completed application, based on whether it satisfies the substantive requirements of the City's Development Code. An approval may include conditions to ensure that the application meets the applicable regulations.
B.
For applications subject to this section, the City shall:
1.
Not hold a public hearing on the application;
2.
Issue a written determination of compliance or noncompliance with applicable Development Code requirements that includes a summary statement explaining the determination. The summary statement may in be any form reasonable intended to communicate the City's basis for determination; and
(DC § 9.360)
§ 12.80.300 Extension of the initial decision deadline.
After seven days' notice to the applicant, the Planning Commission may, at a regularly scheduled public meeting, extend the 63 day time period to a date certain for one or more applications for an expedited land division prior to the expiration of the 63 day period, based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impractical. In no case shall an extension be to a date more than 120 days after the application was deemed complete.
Upon approval of the extension, the provisions of the Development Code, including the right to file a writ of mandamus with the circuit court, shall remain applicable to the expedited land division, except that the extended period shall be substituted for the 63 day period wherever applicable.
(DC § 9.361)
§ 12.80.310 Nature of decision.
The decision to approve or not approve an extension under Section 12.80.300 is not a land use decision or limited land use decision.
(DC § 9.370)
§ 12.80.320 Appeal.
C.
An appeal shall be based solely on allegations:
1.
Of violation of the substantive provision of the applicable land use regulations;
2.
Of unconstitutionality of the decision;
3.
That the application is not eligible for review under this article and should be reviewed as a land use decision or limited land use decision; or
4.
That the party's substantive rights have been substantially prejudiced by an error in procedure by the City.
(DC § 9.380)
§ 12.80.330 Hearings officer.
A city-appointed hearings officer shall decide the appeal of a decision made under this article. The hearings officer shall not be an employee or official of the City.
(DC § 9.381)
§ 12.80.340 Participation in appeal.
Within seven days of being appointed to decide the appeal, the hearings officer shall notify the applicant, the City, the appellant if other than the applicant, any person or organization entitled to notice under Section 12.80.270 that provided written comments to the City, and all providers of public facilities and services entitled to notice under this article, and advise them of the manner in which they may participate in the appeal.
A person or organization that provided written comments to the City but did not file an appeal under Section 12.80.320 may participate only with respect to the issues raised in written comments submitted by that person or organization.
The hearings officer may use any procedure for decision making consistent with the interests of the parties to ensure a fair opportunity to present information and argument. The hearings officer shall provide the City an opportunity to explain its decision but is not limited to reviewing the City's decision and may consider information not presented to the City.
(DC § 9.382)
§ 12.80.350 Decision of the hearings officer.
A.
The hearing officer shall apply substantive requirements of the City's Development Code. If the hearings officer determines the application does not qualify as an expedited land division, the hearings officer shall remand the application for consideration as a land use decision or limited land use decision to the City. In all other cases, the hearings officer shall seek to identify means by which the application can satisfy the applicable requirements.
B.
The hearings officer may not reduce the density of the land division application.
C.
The hearings officer shall make a written decision approving or denying the application or approving it with conditions designed to ensure that the application satisfies the land use regulations within 42 days of filing an appeal. The hearings officer may not remand the application to the City for any reason other than as set forth in this article.
(DC § 9.383)
§ 12.80.360 Deadline for hearings officer.
Unless the Planning Commission of the City finds exigent circumstances, a hearings officer who fails to make a written decision within 42 days of the filing of an appeal shall receive no compensation for service as referee in the appeal.
(DC § 9.384)
§ 12.80.370 Allocation of costs.
Notwithstanding any other provision of law, the hearings officer shall order the City to refund the deposit for costs to an appellant who materially improves his or her position from the decision of the City.
The hearings officer shall assess the cost of the appeal in excess of the deposit for costs, up to a maximum of $500, including the deposit paid under Section 12.80.320, against an appellant who does not materially improve his or her position from the decision of the City.
The City shall pay the portion of the costs of the appeal not assessed against the appellant. The costs of the appeal include the compensation paid the hearings officer and costs incurred by the City, but not the costs of other parties.
(DC § 9.385)
§ 12.80.380 Judicial review.
Any party to a proceeding before a hearings officer under this article may seek judicial review of the hearings officer's decision in the manner provided under state statutes.
(DC § 9.390)