Lincoln City City Zoning Code

Project components which define and detail permitted uses, residential densities, nonresidential densities and intensities and building sizes;

The amount and payment of system development charges and other fees imposed and agreed to in accordance with applicable provisions of the municipal code and state law, any proposed reimbursement provisions, other financial contributions by the property owner, and other fees;

Proposed dedications of amenities, buildings, land, common areas, proposed parks and open space land preservation or dedication;

Mitigation measures, development conditions and other requirements of ORS Chapter 94;

When appropriate, design standards such as architectural treatment, proposed setbacks, landscaping, drainage and water quality requirements or other development features;

Any proposals to meet workforce or affordable housing needs;

Proposed phasing and timetable of development;

Proposed build-out and vesting period for applicable standards;

Any other appropriate development conditions or proposed terms;

The application shall include draft findings of consistency with all applicable land development regulations or indicate where the regulations are proposed to be waived or modified, and the authority for such waiver or modification;

Dedications of land or offers to construct needed infrastructure shall be clearly identified and additional language proposing specific modifications to standards, special conditions or required dedications shall be set forth and highlighted or underlined for review purposes;

If a development agreement accompanies any other development application, the applications, fees and proposed findings for such concurrent applications shall accompany the development agreement. Concurrent applications are to be made at one time and not piecemeal.

Annexation. A development agreement may accompany a request for annexation. The application may be submitted with a requested land use designation, with or without a concurrent implementing zoning district. A zoning district which authorizes planned unit developments is recommended. An annexation development agreement without a concurrent zoning district will retain county zoning, if approved. Development is not authorized until a city zoning district is approved. A development agreement provides a vehicle for an applicant to contractually commit to meet public needs (e.g., public facility or housing needs) as consideration for the annexation. A development agreement may also restrict or limit use of property if needed based upon the availability of public facilities. A development agreement may not be used to provide relief from regulations unless such relief is specifically made available through use of the development agreement.

North Lincoln City Mixed Use FLUM. A development agreement may implement the North Lincoln City Mixed Use FLUM designation. A concept plan is required for such designation. A development agreement proposal to implement the NLMU may be submitted without a concurrent rezoning to one or more implementing PD zoning districts provided the timetable of development includes rezoning and master plan within two and four years respectively. Concept plans are typically implemented in phases with separate development agreements and planned unit developments preliminary or master plans for each discrete phase.

Planned Unit Development. A development agreement may accompany a planned unit development application (when the PD is proposed in a zoning district specifically authorizing development agreements).

The duration of the agreement shall be specified and consistent with [Exhibit C. "Timetable of Development"]. A commencement date and completion date, including phase commencement and completion dates, shall be specified [ORS 94.504(4)]. No timetable of development shall exceed 15 years to completion [ORS 94.504(8)(a)].

A development agreement may specify timetables of development that are negotiated with the owner/developer and such timetables control over inconsistent provisions in the municipal code. Specifically, development agreements with the city may be up to 15 years to completion. Such agreements contemplate more lead time early in the project to obtain necessary discretionary land use approvals in accordance with the municipal code. A complete timetable of development must address the timing of all dedications and improvements and the timing of all discretionary and nondiscretionary approvals, including dates for individual or phased final plat approval(s), construction commencement, as well as phase and project completion. If the timetable of development does not otherwise specify, an implementing zoning district and PUD preliminary plan and plat approval is required within three years of approval of a development agreement. A final plan and plat are required within two years of a planned unit development preliminary plan approval, or every two years for phased projects. In the event the project has not complied with the negotiated construction commencement date (or dates for phased projects), the development shall cease to be authorized, and the agreement will be considered in breach. In the event an extension of the commencement date or completion date is sought, the amendment can be approved only if there is demonstrated compliance with all current laws and regulations, and a negotiated amendment is approved by the governing body.

The development agreement shall include a description of public facilities (including interim facilities) that will service the development, including who shall provide such facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available prior to or concurrent with the impact of the development. Any public facilities to be designed and/or constructed by the developer or the city shall be in compliance with all applicable federal, state, county and/or city standards (depending on the service provider and the facility) to ensure the quality of the public facilities. The standards shall include, but not be limited to, guarantees of performance and quality, and project controls (including scheduling, quality controls, and quality assurances).

The assumptions of the parties regarding the adequacy of public services and the city and developer's ability to provide services of facilities, and the impact of changed conditions, must be identified in the agreement. A development agreement may require financial assurances (e.g., bond, cash escrow agreement or letter of credit) for the construction of public facilities by the owner/developer, to ensure any required public facilities are provided pursuant to the terms of the development agreement. Capital improvement plans should be amended to recognize such secured capital improvement commitments. The agreement shall provide when, and if, developer constructed public facilities will be conveyed to the city and whether the developer will receive any SDC credit or other cost reimbursement.

The development agreement shall provide that all city obligations to expend moneys under the development agreement are contingent upon future appropriations as part of the local budget process. The agreement shall also provide that nothing in the agreement shall require a city to appropriate such moneys.

The new laws are not in conflict with the laws governing the development agreement and do not prevent development of the land uses, intensities or densities, in the agreement;

The new laws are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;

The new laws are specifically anticipated and provided for in the development agreement;

Lincoln City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement which require the application of the new laws; or

It is demonstrated that the development agreement was based on substantially inaccurate information supplied by the owner/developer.

Conveyance of fully constructed subdivision lots, if any, to individual purchasers after approval of a final plat for the applicable lot or lots when all applicable requirements contained in the agreement, including the timetable and special conditions have been met; and

If the development is designed and planned to be constructed in phases, conveyance of a phase if the phase has complied with the applicable requirements contained in the agreement, including the timetable and special conditions. A phase may be conveyed separately only after final plat approval (including boundary plat) for that phase; and

Conveyance of fully constructed recreation areas, developed common areas and facilities or common open space areas to be minimally developed or retained in an undeveloped state, to the city, or, after approval of a final plat for the applicable common area tracts, to organizations conceived and organized to own and maintain the common areas, provided there is compliance with all applicable requirements contained in the agreement; and

Conveyance of other portions of the subject property that will be used or maintained by governmental, environmental, charitable or other organizations or agencies for such purposes as the city of Lincoln City may deem appropriate after compliance with all applicable requirements of the agreement.

A timetable of development is a negotiated term of a development agreement and is bounded by ORS Chapter 94 and this chapter. Other timetables in the municipal code shall apply if not addressed, but anything inconsistent in the development agreement will control over the code timetable.

Permitted uses, setbacks, building heights, and the like, when specified as negotiable in the implementing zoning district, are negotiated terms of a development agreement. Unless otherwise specified in the development agreement, any approved development standards that differ from those in the code shall not require any further rezone, variance or other approval apart from the statutory development agreement approval. Subsequent discretionary approvals shall treat such matters as finally decided. The development agreement, including any revised development standards, shall govern the development of the property, and will control over other provisions of the code where the development agreement has addressed the matter.

The degree of vesting from the application of new laws, and exceptions thereto, is specified in the terms and conditions of the standard form development agreement.

A development agreement cannot authorize deviations from the requirements of LCMC Title 15 (Buildings and Construction). The building codes that apply are the building codes in effect at the time the complete building permit application is submitted.