These standards shall be known as the City of Redmond Land Division Standards and may be so cited and plead.

(Ord. No. 2012-11, 10-23-2012)

In accordance with the applicable provisions in the Oregon Revised Statutes (including but not limited to Chapters 92 and 227), these standards set forth the minimum standards governing the approval of land development, including subdivisions and partitions, as necessary to carry out the Redmond Urban Area Comprehensive Plan and to promote the public health, safety, and general welfare. The purposes of these provisions and regulations are to:

1.

Encourage well planned subdivision and partition development to the end that good livable neighborhoods with all needed amenities and community facilities may be created.

2.

Encourage development in harmony with the natural environment and within resource carrying capacities.

3.

Safeguard the interest of the public, the developer, and the future lot owner—the Community.

4.

Improve land records and boundary monumentation.

5.

Ensure equitable processing of subdivision and partition plats and accomplish to the greatest extent possible the goals and objectives of the Comprehensive Plan for the Redmond Urban Area, including the Great Neighborhood Principles.

6.

Provide for orderly and efficient urban development and coordinate development with public facility and service plans and capabilities.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

No person may subdivide or partition land within the City of Redmond except in accordance with the applicable provisions in Oregon Revised Statutes (including but not limited to Chapters 92 and 227) and the provisions of these standards. The provisions of these standards shall be construed to affect the purposes set forth in Section 8.2005 of these standards. These are declared to be the minimum requirements fulfilling such objectives, and as deemed necessary through the land use review and decision process. The City may impose additional requirements to promote the health, safety, and general welfare, and to carry out the Comprehensive Plan of the City. Where conditions set forth herein are less restrictive than comparative conditions imposed by any other provision of these standards, by provision of other applicable local ordinance, resolution, or regulation, or by provision of State statute or administrative regulation, the more restrictive shall govern.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020)

1.

Construction. Words used in the present tense include the future tense; words used in the singular include the plural, and words used in the plural include the singular; the word "shall" is mandatory; the words "may" and should are permissive.

2.

Terminology. The word "City" shall mean the City of Redmond, Oregon. The words "City Council" shall mean the City Council of Redmond.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

As used in these standards, the following words and phrases shall mean:

Abut. Having a common border with or being separated from such a common border by a right-of-way, including those properties which only connect or touch by a common point.

Access. The right to cross between properties, both public and private, allowing pedestrians and/or vehicles to access the public right-of-way.

Access Connection. Any driveway, street, turnout, or other means of providing for the movement of vehicles and/or pedestrians to or from the public roadway system.

Access Management. The process of regulating access to streets, roads and highways from public roads and private driveways.

Access Road. See Street, Local, Private.

Access, Vehicular. The area where ingress/egress for automobiles is taken between private property and a public right-of-way.

Acreage, gross. The total area within a unit of land.

Acreage, net. A measure of land area, exclusive of public road rights-of-way, and public use area dedications.

Adjacent. Not abutting but in near proximity.

Adjoining. (See Abut)

Adverse Impact. A condition that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site proposed for development or on off-tract property or facilities.

Affected Governmental Body. A City, County, State or Federal agency or special district which either has a jurisdictional interest or is of such proximity to the land partition that a reasonable likelihood of annexation exists.

Affected Person. Any person, including those owners of record of real property located within a minimum distance of 100 feet, exclusive of public street and other rights-of-ways, from the property, and persons who are beneficiaries of CCR's affecting the proposed land division, subject to a permit required by these zoning standards affected by a decision.

Agent. Any person who represents or acts for any other person in disposing of interests in a land development. Includes a real estate broker as defined in ORS 696.010 (12) but does not include an attorney at law whose representation of another person consist solely of rendering legal services.

Alley. A public or private way reserved and generally used as a means of public access to the back side of a property and not intended for transporting through traffic. Alternate use of an alley is permissible when determined to be in the public interest.

Bicycle Route. A right-of-way for bicycle traffic.

Block. An area of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way or lines, shore lines or waterways, natural topographical barriers, or City limit.

Boundary Line. The property line bounding a lot, parcel or tract that divides one property from another or from a public or private street or other public space.

Boundary Line Adjustment. The relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel.

Building. A structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Building Envelope. (See Building Line)

Building Line. A line parallel to the street right-of way at any story level of a building on a plat indicating the limit beyond which buildings or structures may not be erected. If no line is shown on the plat, the building line shall be that set forth in the City Zoning Standards. Also known as a building envelope.

City. City Staff, Development Director, Planning Commission, Hearings Officer, or City Council.

Consolidation. The removal of lot lines between contiguous lawfully created lots or parcels.

Construction Plans. The plans, profiles, cross sections and drawings or reproductions thereof, approved by a registered professional engineer, which show the details of the work to be done on improvements.

Contiguous. (See Abut)

Contiguous Land. Units of land under the same ownership which abut, irrespective of roadways, easements, or rights-of-way.

Cross-Section. A profile of the ground surface perpendicular to the centerline of a street, stream, or valley bottom.

Dedication. The transfer of private property to public ownership upon written acceptance.

Developer. Any person, corporation, partnership, or other legal entity who creates or proposes to create a land development; includes any agent of a developer.

Development. Any human-caused change to improved or unimproved real estate that requires a permit or approval from any agency of the City, County, or State, including but not limited to buildings or other structures, mining, filling, grading, paving of infrastructure, excavation or drilling operations, landscaping, and storage of materials.

Drainage.

1.

Surface water runoff;

2.

The removal of surface water or groundwater from land by drains, grading, or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.

Drainage Easement. An easement required for drainage ditches and pipes, are required along a natural stream for the flow of water therein, intended to safeguard the public against flood damage or the accumulation of surface water.

Easement. A right to use a parcel of land by a person or persons who do not own it, for specific purposes, but in which ownership of the land is not transferred.

Egress. Access point for exiting a building, site, or area.

Exaction. Contributions, dedications, and/or payments required to mitigate development impacts as an authorized condition for receiving a development permit.

Feasibility Study. An analysis of a specific project or program to determine whether it can be successfully carried out.

Frontage. That portion of a parcel of property which abuts a dedicated public street or highway right-of-way or an approved private way (except an alley).

Grade. The average level of the finished surface of the ground adjacent to the exterior of a building.

Grade, Established. The elevation of the ground or infrastructure as officially established by City authority.

Grade, Existing. The surface of the ground or infrastructure at a stated location as it exists prior to disturbance in preparation for a project.

Grade, Finished. The final elevation of the ground surface after man-made alterations, such as grading, grubbing, filling, or excavating, have been made on the ground surface.

Grade, Ground Level. The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, alley or other public way, the above-ground level should be measured at the elevation of the sidewalk, alley, or public way.

Grade, Natural. The elevation of the ground surface that exists or existed prior to man-made alterations, such as grading, grubbing, filling, or excavating.

Grading. Any leveling, stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut, or filled, condition to create new grades.

1.

Regular Grading: Any grading that involves 5,000 cubic yards or less of material.

2.

Engineered Grading: Any grading that involves more than 5,000 cubic yards of material, or any filling of land that is intended to provide support for structures and or infrastructure.

Hearings Officer. A planning and zoning hearings officer appointed or designated by the City Council pursuant to ORS 227.165 or in the absence of such appointed hearings officer, the Planning Commission.

Impervious Surface. Any hard-surfaced area that does not readily absorb or retain water, including but not limited to building roofs, paved parking and driveway areas, sidewalks, and other paved areas.

Improvement Agreement. Any contract, security or agreement that may be required and accepted between the developer and the City to assure that necessary improvements will be constructed and function as required. (See also Performance Guarantee)

Improvements. Include, but are not limited to, streets, alleys, curbs, roadbed, road surface, storm drains and appurtenances, sidewalks, streetlights, street signs, fire hydrants, sanitary sewers, and appurtenances, public or private water supply and water distribution systems and other utilities.

Infill Development. Development of vacant, parcels of land in otherwise built-up areas.

Ingress. Access or entry point or entrance.

Intensity of Use. The range or scale or concentration or degree of impact of use, often measured by floor area ratios, building coverage or traffic generation.

Land Division. The subdividing or partitioning of land for any purpose into lots or parcels, or the creation of lots or parcels for the purpose of sale or lease.

Land Division Agreement. An agreement between the City and the developer that is approved as part of the land use review process which lists specifics terms applicable to the development which are recorded against the property. Such agreements are appealable as elements of the land use review and decision.

Land Division, Expedited. A division of land as defined in ORS 197.360.

Land Division, Middle Housing. A partition or subdivision of a lot or parcel on which the development of middle housing is allowed.

Lot. A lawfully created unit of land that is created by a subdivision of land.

Lot Area. The total horizontal surface area within the property lines of a lot, exclusive of streets.

Lot, Corner. A lot abutting upon two or more streets other than alleys, at their intersection, or upon two parts of the same street, such streets or parts of same street forming an interior angle of less than 135 degrees within the lot line.

Lot, Double Frontage. An interior lot having frontage on more than one street, or a corner lot having frontage on more than two streets.

Lot, Flag. See Section 8.2705(12.).

Lot, Interior. A lot other than a corner lot.

Lot, Irregular. Any lot that is not rectangular in shape.

Lot Line, Front. For an interior lot, the lot line abutting a street other than an alley; for a corner lot, a lot line abutting either street other than an alley. In the case of a corner lot, or double frontage lot, the Community Development Department Director, or designee, shall determine the front lot line. The determination shall be made to provide the necessary public safety and shall be based on street classifications, house and driveway orientation, lot dimensions, and adjacent property use.

Lot Measurements.

1.

Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

2.

Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width, except in the case of lots on the turning circle of a cul-de-sac, where the 80 percent requirement shall not apply. Flag lot area measurements are exclusive of the area within the flagpole.

Lot Line, Rear. The lot line or lines opposite and most distant from the front lot line.

Lot Line, Side. Any lot line or lines that are not a front or rear lot line. An interior side lot line is a lot line common to more than one lot or to the lot and an alley; and exterior side lot line is a lot line common to the lot and a street other than an alley.

Lot, Nonconforming. A lot that lawfully existed prior to the enactment of the requirements of these standards, but which does not meet the minimum lot size or lot width requirements.

Lot of Record. Any lawfully created unit of land, created as follows:

1.

A lot in an existing, duly recorded subdivision;

2.

A parcel in an existing, duly recorded land partition; or,

3.

An existing unit of land for which a survey has been duly filed which conformed to all applicable regulations at the time of filing; or

4.

Any unit of land created by deed description or metes and bounds provided, however, contiguous units of land created by deed description or metes and bounds under the same ownership and not conforming to the minimum parcel size of these standards shall be considered one lot of record.

Lot, Through. An interior lot having a frontage on two streets and/or highways, not including an alley. (See also Lot, Double Frontage).

Lot, Width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required setback.

Monument. A permanent and fixed survey marker conforming to the requirements established by State law and the regulations of Deschutes County.

MUTCD. Manual of Uniform Traffic Control Devices, Federal Highway Administration.

Natural Grade. (See Grade, Natural)

Owner. The owner of the title to real property or the authorized agent thereof having written notarized authorization recorded with the County Clerk, or the contract purchaser of real property of record as shown on the last available complete tax assessment roll or County Clerk's records. Does not include an interest created for security purposes.

Parcel. A unit of land created by a partitioning of land.

Partition. The act of partitioning land or an area or tract of land partitioned.

Partition Land. To divide an area or tract of land into two or three parcels within a calendar year.

Performance Bond. A document issued by a surety, in return for a fee or premium, guaranteeing the performance of the terms and conditions of a development approval.

Performance Guarantee. Any security or contract that may be accepted by a municipality as a guarantee that improvements required as part of an application for development are satisfactorily completed. (See also Improvement Agreement)

Person. An individual, firm, partnership, corporation, company, association, syndicate, or any legal entity, whether he, she or it is acting for himself, herself, or itself, or as the servant, employee, agent, or representative of another.

Phased Development Plan. An overall plan indicating the physical and functional interrelationships between uses and facilities for those projects, series of projects, phased developments or developments occurring in multiple phases over a period of multiple years.

Plan, Tentative. A plan, diagram, drawing, replat, or other writing containing all descriptions, specifications, locations, dedications, provisions, and information concerning a subdivision or partition.

Plat, Final. The final plan of all or a portion of a subdivision plat, partition plat, Planned Unit Development (PUD) that is presented to the approving authority for final approval in accordance with State law and is in accordance with the Tentative Plan and all conditions as approved through the land use review and approval process.

Primary Use. The intended use to which property is or may be devoted, and to which all other uses on the premises are derived as accessory or secondary uses. As used relative to dwelling units, the primary dwelling would be the first dwelling unit to be located on a specific parcel or lot.

Replat. The act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.

Reserve Strip. "Reserve Strip" means a strip of land usually one foot in width, reserved across the end of a street or alley terminating at the boundary of a subdivision, or a strip of land between a dedicated street of less than full width and adjacent acreage, in either case reserved or held for future street extension or widening.

Review Authority. The Community Development Director, Planning Commission, Hearings Officer, or City Council of the City of Redmond.

Right-of-Way. A strip of land acquired by dedication, prescription or condemnation and intended to be occupied by a street, trail, waterline, sanitary sewer, and/or other public utilities or facilities.

Road. A public or private way that is created to provide vehicular ingress or egress for persons to one or more lots, parcels, areas, or tracts of land. (See also Street)

Sale or Lease. Every disposition or transfer of land in a subdivision or an interest or estate therein, by a subdivider or developer or their agents. Includes the offering of land as a prize or gift when a monetary charge or consideration for whatever purpose is required by the subdivider, developer, or their agents.

Series Partitioned Land and Series Partition. A series of partitions of land located within this State resulting in the creation of four or more parcels over a period of more than one calendar year.

Series Partitioner. Any person who causes land to be series partitioned into a series of partitions, or who undertakes to develop a series partition, but does not include a public agency or officer authorized by law to make partitions.

Sidewalk. A pedestrian walkway with permanent surfacing, typically located adjacent to a roadway.

Slope. The degree of deviation of a surface from the horizontal, usually expressed as a percentage or by degrees.

Street. A public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas, or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes. (See also Road)

Street, Collector. A restricted access street supplementary to the arterial street system used or intended to be used principally for the movement of traffic between arterial and local streets.

Street, Cul-de-sac. A street having one end open to traffic and terminated by a vehicle turnaround.

Street, Dead End. A street with only one outlet.

Street, Frontage Road. A street parallel and adjacent to a collector or arterial providing access to abutting properties and protected from and protecting through traffic.

Street, Local. A street intended primarily for access to abutting properties.

Street, Major Arterial. A street with access control, channelized intersections, restricted parking, and that collects and distributes traffic to and from minor arterial streets.

Street, Minor Arterial. A street with a high volume of traffic that collects and distributes traffic to and from collector streets.

Street, Roadway. That portion of a street developed for vehicular traffic.

Street, Stubbed. A street having only one outlet for vehicular traffic, and which is intended to be extended or continued to serve future subdivisions or developments on adjacent lands.

Subdivide Land. To divide an area or tract of land into four or more lots within a calendar year.

Subdivider. Any person who causes land to be subdivided into a subdivision, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to make subdivisions.

Subdivision. The act of subdividing land or an area or a tract of land subdivided as defined in this Section.

Substantial Completion. The stage of a project in which the City has inspected, tested, and found acceptable the water supply system, fire hydrant system, sewage disposal system, the stormwater drainage system including paving of the roadway associated with the stormwater system, curbs, street signs, and roads necessary for emergency vehicle access.

Tract. An expanse of land comprised of a single or multiple ownership.

Unit. Any magnitude regarded as an independent whole or single entity.

Use. The word "use" is synonymous with the terms "land use" and "use of land" unless the context clearly indicates otherwise.

Utilities, Private. Include electric, telephone, natural gas and other services providing for energy or communication needs, or privately-owned water systems.

Utilities, Public. Include water and sewer systems owned and operated by the City of Redmond.

Zero Lot Line. The location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2015-01, 2-24-2015; Ord. No. 2020-15, 11-10-2020; Ord. No. 2022-04, 6-28-2022; Ord. No. 2023-07, 12-19-2023)

All subdivisions, partitions, and other land use actions subject to the provisions of this Chapter shall be processed in accordance with Article II, Land Use Procedures.

1.

Tentative subdivision plans, tentative partitions and phased development plans shall be reviewed as Land Use Actions subject to Sections 8.1300 through 8.1400.

2.

Modifications to approved tentative subdivision plans and tentative partitions prior to recording of final plat shall be reviewed per Section 8.1400.2.

3.

Boundary line adjustments shall be reviewed as Development Actions subject to Sections 8.1200 through 8.1215.

4.

Middle housing and expedited land divisions shall be reviewed per Section 8.2660.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

Before a plat of any subdivision or partition may be recorded, the person proposing the subdivision or the partition, or an authorized agent or representative, shall make an application in writing to the Redmond Community Development Department for approval of the proposed subdivision or partition in accordance with the requirements and procedures established by these standards.

(Ord. No. 2012-11, 10-23-2012)

Editor's note— Section 8.2110 "Minimum Standards" was amended by Ord. No. 2012-11 passed October 23, 2012. Later, was amended by Ord. No. 2022-04 passed June 28, 2022. Later, was deleted by Ord. No. 2023-07 passed December 19, 2023.

No person shall sell or negotiate to sell any lot in any subdivision or parcel in any partition except in accordance with the applicable provisions of ORS Chapter 92, including but not limited to ORS 92.016, 92.015 and 92.027.

(Ord. No. 2012-11, 10-23-2012)

The City Council, pursuant to State statute, hereby delegates to the review authority the power to make final action on a proposed subdivision or partition subject to appeal as provided for in Article II Land Use Procedures.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

No partitions or subdivisions in the OSPR zone or property that lies both within the OSPR zone and an adjoining zone shall be allowed prior to approval of a master plan for development of the entire parcel pursuant to Section 8.270.

(Ord. No. 2012-11, 10-23-2012)

1.

It shall be the duty of the Community Development Director or designated representative to administer and enforce the provisions of these standards in such a way as to carry out its intent and purpose.

2.

Violation of any provision of these standards is a Class A Civil Infraction and shall be enforced through the Redmond Civil Infraction procedure.

3.

Each day that a nuisance continues to exist constitutes a separate violation, and a separate penalty may be assessed for each day the violation continues.

4.

Violation of these standards is hereby declared a nuisance and may be subject to abatement, removal or other remedy provided in the City of Redmond nuisance code under Section 5.345.

5.

When any real property is or is proposed to be used, transferred, sold or disposed of in violation of these standards, the Community Development Director, designee, or any person whose interest in the property is or may be affected by the violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate or set aside such use, transfer, sale, disposition, offer, negotiation or agreement.

6.

If any section, subsection, sentence, clause, or phrase of these standards is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of these standards.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2013-06, 4-9-2013)

Pursuant to ORS 92.040(2) and (3), for lots created by subdivision after September 9, 1995, construction within an approved subdivision shall be subject to the City's land use regulations in effect on the date of tentative subdivision application. The lots shall not be subject to subsequently adopted land use regulations unless the applicant elects otherwise, in which case all current regulations apply. In no instance shall this exemption extend beyond ten years from tentative subdivision approval.

(Ord. No. 2023-07, 12-19-2023)

Editor's note— Section 8.2135 Violation Declared a Nuisance was added by Ord. No. 2012-11 passed October 23, 2012. Later, was deleted by Ord. No. 2013-06 passed April 9, 2013.

Editor's note— Section 8.2140 "Civil Relief" was added by Ord. No. 2012-11 passed October 23, 2012. Later, was deleted by Ord. No. 2013-06 passed April 9, 2013.

Editor's note— Section 8.2145 "Administration of Standards" added by Ord. No. 2012-11 passed October 23, 2012. Later, was deleted by Ord. No. 2013-06 passed April 9, 2013.

Editor's note— Section 8.2150 "Severability" was added by Ord. No. 2012-11 passed October 23, 2012. Later, was deleted by Ord. No. 2013-06 passed April 9, 2013.

Prior to submitting a tentative subdivision plan each applicant or their representative is required to meet with the Community Development Director or a designated staff member(s) to review the proposal.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

The applicant or their representative shall conduct a neighborhood meeting that meets the requirements of Section 8.385 for residential or mixed use development proposals that generate 200 or more daily trip ends, or 20 or more PM peak hour trip ends, where a Transportation Impact Analysis (TIA) is required per Section 8.2815.

(Ord. No. 2022-09, 12-13-2022; Ord. No. 2023-07, 12-19-2023)

Any person, authorized agent, or representatives, proposing a subdivision, shall include with an application and filing fee for a subdivision, a tentative plan together with improvement plans and other supplementary material as may be required.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

The tentative plan of a proposed subdivision shall be drawn on a sheet at an engineer's scale not greater than one inch per 100 feet, or as approved by the Community Development Director, or designee.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

The following information shall be shown on the tentative plan or provided in accompanying materials. A tentative plan must be prepared by a professional land surveyor, a registered professional engineer, or a registered landscape architect. No tentative plan shall be considered complete unless all such information is provided:

1.

General Information Required.

A.

Proposed name of the subdivision.

B.

Names, address, and phone numbers of the owner of record, authorized agents or representatives, engineer or surveyor, and any assumed business names filed or to be filed with the Oregon Secretary of State Corporation Division by the applicant. If the application is filed by anyone other than the owner of record, a letter or other evidence of the owner's permission to file the application.

C.

Date of plan preparation, north and magnetic north and south, scale and gross area of the proposed subdivision.

D.

Appropriate identification of the drawing as a tentative plan for a subdivision. Location and tract designation sufficient to define its location and boundaries, and a legal description of the tract boundaries in relation to existing plats and streets.

E.

Certified copy of the recorded instrument under which the applicant claims an ownership interest, or copy of a land sales contract, which binds the applicant in the event of tentative approval.

F.

Title report or subdivision guarantee, issued within the last 90 days, and supporting documentation of all easements identified on the property.

2.

Information Concerning Existing Conditions.

A.

Location, names, and widths of existing improved and unimproved public or private streets and roads within and adjacent to the proposed subdivision.

B.

Location of any existing features such as section lines, section corners, City and special district boundary lines, and survey monuments.

C.

Location of existing structures, irrigation canals and ditches, pipelines, waterways, railroads, and any natural features such as rock outcroppings, designated wetlands, wooded areas, and natural hazards.

D.

Location and direction of water courses, and the location of areas subject to flooding and high water tables.

E.

Location, width and use or purpose of any existing easement or right-of-way within and adjacent to the proposed subdivision.

F.

Existing sewer lines or septic tanks and drain fields, water mains, wells, fire hydrants, culverts, and other underground and overhead utilities within and adjacent to the proposed subdivision together with pipe sizes, grades, and locations.

G.

Contour lines related to some established benchmark or other engineering acceptable datum and having minimum intervals of two feet for slopes of less than five percent, five feet for slopes of five to 15 percent, ten feet for slopes of 15 to 20 percent, and 20 feet for slopes greater than 20 percent.

H.

Zoning classification of land within and adjacent to the proposed subdivision.

I.

Names and addresses of all adjoining property owners.

J.

Existing covenants, conditions, and restrictions.

K.

Conditions specified on the approved Transportation System Analysis prepared in accordance with Section 8.2815.

3.

Information Concerning Proposed Subdivision.

A.

Location, names, width, typical improvements, cross sections, bridges, culverts, approximate grades, curve radii and centerline lengths and reserve strips of all proposed streets, and the relationship to all existing and projected streets.

B.

Location, width, and purpose of all propose easements or rights-of-way and relationship to all existing easements and rights-of-way.

C.

Location of at least one temporary benchmark within the proposed subdivision boundary.

D.

Location, approximate area and dimensions of each proposed lot, and proposed lot and block numbers.

E.

Location, approximate area and dimensions of any lot or area proposed for public use, the use proposed, and plans for improvements or development thereof.

F.

Proposed use, location, approximate area, and dimensions of any lot intended for non-residential use.

G.

An outline of the area proposed for partial recording, if contemplated or proposed.

H.

Source, method, and preliminary plans, prepared by a licensed civil engineer, for domestic and other water supplies, sewage disposal, solid waste disposal, and all utilities.

I.

Description and location of any proposed community facility.

J.

Storm water, drainage facility and grading plans.

K.

Proposed deed restrictions including access restrictions or protective covenants if such are proposed to be utilized for the proposed subdivision.

L.

Statement from each utility company proposed to serve the proposed subdivision stating that each company is able and willing to serve the proposed subdivision as set forth in the tentative plan, and the conditions and estimated costs of such service.

M.

Proposed fire protection or fire hydrant system for the proposed subdivision and written approval thereof by the appropriate serving fire protection agency.

4.

Narrative. Letter or narrative report documenting compliance with the applicable approval criteria contained in Section 8.2235.

5.

Tree Survey. A survey indicating location of all trees having ten-inch trunk diameter 4.5 feet above grade or greater, their diameter, and whether they are coniferous or deciduous on private property and in the right-of-way adjacent to the property. The plan shall show which trees are proposed for removal and the location of replacement trees. The plan shall show the Tree Protection Zone (TPZ) for trees to be preserved, conforming with the Public Works Standards and Specifications. The tree survey shall show the proposed improvements or potential improvements, indicated by the buildable area of a lot consistent with the maximum lot coverage area of the zone.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2015-01, 2-24-2015; Ord. No. 2016-17, 1-31-2017; Ord. No. 2022-04, 6-28-2022; Ord. No. 2022-09, 12-13-2022; Ord. No. 2023-07, 12-19-2023)

An applicant may propose phased development of a tentative subdivision plan by submitting a phased development plan that shall include but not be limited to, the following elements:

1.

Overall development plan, including phase or unit sequence.

A.

For development that includes a commercial component, a surety may be required when the commercial component is not sequenced in the initial phases.

2.

Show compliance with all applicable land division standards and policies as described in this Article.

3.

Schedule of improvements initiation and completion.

4.

Overall transportation and traffic pattern plan showing compliance with grid street standards, and for land within the North Redmond US 97 Interchange Area Management Plan (IAMP), compliance with the Local Street Connectivity Plan (Comprehensive Plan Addendum Chapter 9 Transportation Element figure 1).

5.

General program for phasing timetable projection.

6.

Development plans for any common elements or facilities.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2015-01, 2-24-2015; Ord. No. 2022-09, 12-13-2022; Ord. No. 2023-07, 12-19-2023)

The Review Authority shall review a phased development plan at the same time the tentative plan is reviewed. The Review Authority may approve, modify, or disapprove the phased development plan and shall set forth findings for such decision. The Review Authority may also attach conditions necessary to bring the plan into compliance with all applicable land use standards and policies.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

1.

Once a phased development plan is approved, the plan shall be binding, upon both the City and the applicant. The applicant shall submit a final plat for each phase per Section 8.2305.

2.

The Review Authority may attach conditions to any changes proposed that are deemed necessary to ensure compliance with the Comprehensive Plan and implementing regulations.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

1.

The Review Authority shall approve, approve with conditions, or deny a proposed tentative subdivision plan. Approval, or approval with conditions shall be based on compliance with the following criteria:

A.

Proposal is in compliance with ORS Chapter 92.

B.

Proposal complies with the standards of this Code, including but not limited to:

1.

Section 8.2705, Blocks, Lots and Parcels.

2.

Section 8.2710, Streets.

3.

Section 8.2715, Fundamental Design Standards.

4.

Section 8.2720, Grading of Building Sites.

5.

Section 8.2815, Transportation System Analysis.

6.

Section 8.2820, Access Management Standards.

7.

Any other applicable standards.

C.

Proposal complies with the standards of the zoning district in which the project is located.

D.

The proposal is in conformance with any applicable approved area plan, master plan, and/or framework plan.

E.

Proposal does not conflict with acquired public access easements within or adjacent to the subdivision.

F.

The proposed subdivision will provide required transportation system infrastructure, water supply, sewage disposal, drainage, and other public utilities consistent with the Public Works Standards and Specifications.

G.

The subdivision will not exceed the operational capacity of public facilities and services as identified in the City's Water and Wastewater Master Plan and the Transportation System Plan, which are required to serve the development, or a determination that sufficient capacity can be provided.

H.

A water rights division plan has been approved by the applicable irrigation district.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

Editor's note— Section 8.2236 "Subdivisions May be Created Following Two Tracks: Track 1 (General) and Track 2 (Clear and Objective Standards)" was added by Ord. No. 2020-15 passed November 10, 2020. Later, was amended by Ord. No. 2022-04 passed June 28, 2022. Later, was amended by Ord. No. 2022-09 passed December 13, 2022. Later, was deleted by Ord. No. 2023-07 passed December 19, 2023.

On any Residential zoned property, if the subdivision results in a lot greater than twice the minimum lot size in the underlying zone, the application shall indicate the location of lot lines and other details of layout that show future division of the lot may be made without violating the requirements of this code and without interfering with the orderly extension of adjacent streets, bicycle paths, and accessways.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

1.

A tentative plan that was previously denied for an area or tract of land shall be resubmitted in accordance with this Chapter, and shall be reviewed in the same manner as any other tentative plan.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

1.

Filing Time Period Requirements. Notwithstanding the requirements included herein as amended, all final plats submitted for review and approval shall be subject to the final plat requirements of the City of Redmond Development Code in effect as of the date of the tentative plan approval. Except as provided for in Section 8.2305, the applicant shall prepare and submit to the Community Development Department, a final plat that is in conformance with the tentative plan as approved, including all conditions of the land use decision. Within two years of the approval date for the tentative plan for a subdivision, the applicant shall submit the final plat, a filing fee and any supplementary information required by these standards and the land use decision. If the applicant fails to proceed with the submission before the expiration of the two-year period following the approval of the tentative plan, the plan approval shall be void.

2.

Extensions.

A.

If it appears the applicant will not be able to comply with the filing time requirements of these standards, applicant may submit a written application to the Community Development Director, or designee, requesting an extension of the filing time requirement. The application shall be filed no later than 60 days prior to the date the two-year period expires. The extension request shall also be accompanied by the appropriate fee.

B.

If there is good cause, the Community Development Director, or designee, may grant the extension of up to six months from the date of expiration. Good cause shall require a showing by the applicant that the delay is unavoidable and was not the result of the applicant's own actions. The applicant must also show he or she has made significant progress on the majority of conditions of the tentative plan.

C.

Any extension granted by the Community Development Director, or designee, may be conditioned by a requirement that the applicant provide appropriate guarantees that the requirements of these standards will be met.

D.

The applicant may appeal a decision of the Community Development Director, or designee, to the Hearings Body pursuant to Sections 8.1500 through 8.1560 of Article II, Land Use Procedures.

E.

Notice of the application for an extension shall be provided as prescribed in Section 8.1310 of Article II, Land Use Procedures.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

1.

The final plat for the first phase of a phased development shall be filed within two years of the approval date for the tentative plan. However, the Community Development Director, or Hearings Body, may allow extensions as provided in Section 8.2300, above.

2.

The final plat for a subsequent phase shall be filed in sequential order within two years of the date the final plat for the previous phase is filed, and the final plat for the final phase shall be filled within eight years of the approval date for the tentative plan. If the phased development is a Planned Unit Development, the final plat for the final phase shall be filed within eight years of the date the development is approved, as provided in Section 8.1605.

3.

If the applicant fails to file a final plat within the timeframe established herein, the tentative plan for that phase and all subsequent phases shall become null and void.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

The final plat shall be submitted in the form prescribed by State Statute (ORS Chapter 92).

(Ord. No. 2012-11, 10-23-2012)

1.

Standards Check. Upon receipt by the Community Development Department, the plat and other data shall be reviewed to determine that the subdivision as shown is substantially the same as it appeared on the approved tentative plat, and for compliance with provisions of these standards and other applicable laws.

2.

Field Check. The City Engineer or their designated representatives may make such checks in the field as are desirable to verify that the plat is sufficiently correct. The City Engineer or representative may enter the property for this purpose.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020)

1.

The Community Development Director, or designee, shall determine whether the final plat conforms with the approved tentative plan and with these regulations. If the Community Development Director, or designee, does not approve the plat, the applicant shall be advised of the changes or additions that must be made and shall afford an opportunity to make corrections. If the Community Development Director, or designee, determines the plat conforms to all requirements, approval shall be made, provided non-discretionary supplemental documents and provisions for required improvements are satisfactory. Approval of the plat does not constitute or effect an acceptance by the public of the dedication of any street or other easement shown on the plat nor does such approval constitute final approval, said authority for final acceptance being vested with the City Council.

2.

No plat of a proposed subdivision shall be approved unless:

A.

Streets and roads for public use are to be dedicated without any reservation or restriction.

B.

The plat contains provisions for dedication to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, if made a condition of the approval of the tentative plat.

C.

Explanations of all common improvements required as conditions of approval of the tentative plan shall be recorded and referenced on the final plat.

3.

No plat of a subdivision shall be approved unless the subdivider has either constructed and had accepted by the City the required improvements or the subdivider has executed an improvement agreement pursuant to the provisions of Section 8.2325. If the subdivider chooses to construct the improvements, he or she shall also file with the City a warranty bond executed by a surety company to cover the one-year warranty period following acceptance by the City. Said bond shall be in the amount of ten percent of the value of the improvements as determined by the City Engineer.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

1.

The subdivider may, in lieu of completion of the required improvements and repair to existing streets and facilities, request the Community Development Director, or designee, to approve an agreement specifying the schedule by which the required improvements and repairs shall be completed. Provided, however, any schedule of improvements agreed to shall not exceed two years from the date the final plat is recorded. Improvements required to deem the subdivision substantially complete are not permitted to be included within an improvement agreement, unless otherwise approved by the City Engineer, or designee. The agreement shall also provide the following information:

A.

The improvements or repairs required and cost of the project.

B.

That, pursuant to the requirements of Section 8.2330 of this Chapter, the City may call upon the security filed to construct or complete the improvements and repairs if the schedule of improvements is not adhered to.

C.

That the City shall recover the full cost and expense of any work performed by the City to complete construction of the improvements and repairs including, but not limited to attorneys' and engineering fees.

D.

That a warranty bond for one year shall be deposited with the City following acceptance of the improvements. Said bond shall be in the amount of ten percent of the value of the improvements.

E.

Building permits may be accepted for review, but will not be issued for any structure on any lot included within the subdivision plat until such time as all improvements are completed or secured as specified in the agreement.

2.

The Community Development Director, or designee, may reject an agreement authorized by this Section for any reason the Community Development Director, or designee, deems sufficient.

3.

The required land division agreement or public improvement agreement shall be recorded with the Deschutes County Clerk's office at the time of recording of the final subdivision plat.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

1.

The subdivider shall file with any agreement specified in Section 8.2325, to assure his or her full and faithful performance thereof, one of the following:

A.

A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Attorney.

B.

A cash deposit in a City account at an approved lending institution.

2.

A bond or cash deposit, or any combination thereof, shall be for 120 percent of the cost of the improvements and repairs as determined by the City.

3.

For any affordable housing development which will be subject to an affordability restriction as defined in ORS 456.250 or an affordable housing covenant as defined in ORS 456.270, the City shall accept one or more award letters from public funding sources made to the subdivider to cover costs of the domestic water supply system and/or sewage disposal system installation so long as the awards total an amount greater than the project cost.

4.

If the subdivider fails to carry out the provisions of the agreement, the City may call upon the bond or cash deposit to finance any cost or expenses resulting from said failure. In the alternative, the City may form a Local Improvement District or a Reimbursement District to lien the properties in accordance with the relevant provisions of Oregon State Law and the Redmond City Code. If the amount of the deposit or bond exceeds the cost and expense incurred by completing the improvements, the City shall release the remainder. If the amount of the deposit or bond is less than the cost and expense incurred by the City for the improvements and repairs, the subdivider shall be liable to the City for the difference.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

After the final plat has been reviewed and approved by the City, and when all signatures as required by the Deschutes County Surveyor other than the Development Services Director, County Clerk, and County Commissioner appear on the mylar, the City Engineer and Planning Director shall sign the final plat mylar and return it to the applicant to file with Deschutes County.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2022-04, 6-28-2022)

1.

Within 60 days of City approval, the applicant shall submit the approved final plat with the Deschutes County Clerk for recordation.

2.

The subdivider shall record the required (including but not limited to) land division agreement, public improvement agreement, shared access agreement or shared well agreement, as may be applicable, with the Deschutes County Clerk's office at the time of recording of the final subdivision plat.

A.

Any private access easements, if made a condition of approval of the tentative plan, shall include provisions for permanent, long-term maintenance, including: maintenance measures to be employed; responsible parties; funding; design; timing; and enforceability. These provisions shall be included as recorded Covenants, Conditions and Restrictions (CCR's) appurtenant to the affected properties.

3.

The applicant shall provide exact copies of the recorded plat to the City Engineer and City Development Direction.

4.

No plat shall have any force or effect and no title to any property shall pass until the final plat has been recorded.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

All proposed land partitions within the City shall be approved by the City. Approval shall only be granted in accordance with the provisions of these standards. Provided, however, the Community Development Director, or designee, may refer any partition to the Hearings Body for a hearing and decision.

(Ord. No. 2012-11, 10-23-2012)

1.

Any person or an authorized agent or representative, proposing a land partitioning, shall prepare and submit three copies of the documents hereinafter described, in accordance with the prescribed procedures, and the appropriate filing fee, to the Community Development Department.

2.

The tentative plan or preliminary drawing shall include the following:

A.

A vicinity map locating the proposed partitioning in relation to adjacent subdivisions, roadways and adjoining land use and ownership patterns. The map must include names of all existing roadways shown therein.

B.

A plan of the proposed partitioning showing tract boundaries and dimensions, the area of each tract or parcel, locations of all easements, and the names, rights-of-way widths and improvement standards of existing roads.

C.

Names and addresses of the landowner, the applicant (if different), a mortgagee if applicable, the engineer or surveyor employed or to be employed to make necessary surveys and prepare the legal descriptions of each parcel to be created, and record owners of land contiguous to the proposed partition. If the application is filed by anyone other than the owner of record, a letter or other evidence of the owner's permission to file the application.

D.

A statement regarding contemplated water supply, sewage disposal, solid waste disposal, fire protection and access, etc.

E.

North point, scale and date of tentative plat preparation, and property identification by tax lot, section, township, and range.

F.

Statement regarding past, present and intended use of the parcels to be created, or the use for which the parcels are to be offered.

G.

If a tract of land has water rights, the application shall be accompanied by a water rights division plan approved by the irrigation district or other water district holding the water rights, or when there is no such district, by the County Watermaster.

H.

Location of all existing buildings, canals, ditches, septic tanks and drain fields, wells, and utility lines.

I.

Location of any topographical features which could impact the partition, such as canyons, bluffs, rock outcroppings, natural springs, and flood plains.

J.

Location of all existing deciduous or coniferous trees having a ten-inch trunk diameter or greater, 4.5 feet above grade.

K.

Location, width, name, curve ratio and approximate grade of all proposed rights-of-way.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

The Review Authority shall approve, approve with conditions, or deny a proposed tentative subdivision plan. Approval, or approval with conditions, shall be based on compliance with the criteria set forth in Section 8.2235.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2015-01, 2-24-2015; Ord. No. 2022-04, 6-28-2022; Ord. No. 2023-07, 12-19-2023)

1.

In the approval of a land partition, Review Authority shall consider the need for street and other improvements and may require as a condition of approval any improvements that may be required for a subdivision under the provisions of these standards. All streets in partitions shall be dedicated to the public without reservation or restriction.

2.

Private Alley Access. The Review Authority, may require the applicant to improve a private alley access easement serving two or more parcels according to the adopted City of Redmond Public Works Standards and Specifications, as amended.

A.

Such access easements shall include provisions for permanent, long-term maintenance, including maintenance measures to be employed; responsible parties; funding; design; timing; and enforceability. These provisions shall be included as recorded Covenants, Conditions and Restrictions (CCR's) appurtenant to the affected properties.

3.

The partitioner shall record the required (including but not limited to) land division agreement, public improvement agreement, shared access agreement or shared well agreement with the Deschutes County Clerk's office at the time of recording of the final partition plat.

4.

Paved access is guaranteed to each parcel.

5.

Each parcel within the City limits is to be connected to the City sewage system when reasonably available.

6.

All required public utilities are available.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07, 12-19-2023)

Editor's note— Section 8.2420 "Lots and Parcels - General Requirements" was repealed in its entirety and replaced with Section 8.2420 "Application Review" by Ord. No. 2012-11 passed October 23, 2012. Later, was amended by Ord. No. 2020-15 passed November 10, 2020. Later, was deleted by Ord. No. 2023-07 passed December 19, 2023.

Editor's note— Section 8.2425 "Appeal" was amended by Ord. No. 2012-11 passed October 23, 2012. Later, was deleted by Ord. No. 2023-07 passed December 19, 2023.

Following approval of tentative plan for a proposed partitioning, the applicant shall prepare and submit to the Community Development Department the final plat for the subject partitioning. Such filing shall be completed within two years from the date of the approval, or the approval shall be void. The final plat shall be prepared in accordance with the following requirements and the original and two copies thereof submitted by the applicant to the Community Development Department for approval. The original shall be recorded by the applicant in the office of the County Clerk following approval by the Community Development Director, or designee.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2023-07,12-19-2023)

Requests for extensions shall be reviewed in the manner provided for in Section 8.2300(2.A. through E.).

(Ord. No. 2012-11, 10-23-2012)

1.

Final Plat Requirements.

A.

Plats shall be drawn to a scale of one inch per 100 feet. Provided, however, for partitions of large lots the scale may differ so long as the scale is reasonable.

B.

Name of the owner, developer and engineer or surveyor shall be shown on the plat.

C.

Date, scale, north point, legal description of boundaries, and a tie by actual survey to a section or donation land claim corner.

D.

Parcel boundary lines, with dimensions and bearings; bearings shall be to the nearest 30 seconds, and distances to the nearest 0.01 feet.

E.

An affidavit by the engineer or surveyor having surveyed the land involving a partitioning.

F.

A certification of acceptance of any public dedication.

G.

A guarantee of approved or required improvements, including identification of maintenance responsibilities for proposed or existing roads and streets.

H.

A certification of approval for execution by the Community Development Director.

I.

Water rights to be assigned to each parcel shall be indicated on the plat and certification of approval thereof.

2.

Approval Requirements. No final plat for a land partitioning shall be approved by the Community Development Director unless all of the following requirements are met:

A.

The final plat is in strict conformance with the approved tentative plan.

B.

The final plat is in conformance with the requirements set forth in Subsection (1.) of this Section.

C.

Paved access is guaranteed to each parcel.

D.

Each parcel is to be connected to the City sewer and water systems.

E.

All required public utilities are available.

F.

All conditions of the tentative plat approval have been met or guaranteed.

G.

All proposed or required improvements have been completed and accepted by the City.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2023-07, 12-19-2023)

The partitioning of a tract of land in which not more than one parcel is created and transferred to a public or semi-public agency for the purpose of a road, railroad, electric substation, or canal right-of-way, and thereby not meeting the lot size and configuration requirements of the underlying zone and/or this Chapter, may be approved by the Community Development Director, or designee.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020)

After the final plat has been reviewed and approved by the City, and when all signatures as required by the Deschutes County Surveyor other than the Development Services Director, County Clerk, and County Commissioner appear on the mylar, the City Engineer and Planning Director shall sign the final plat mylar and return it to the applicant to file with Deschutes County.

(Ord. No. 2022-04, 6-28-2022)

1.

A replat is the act of platting the lots, parcels, and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in a subdivision.

2.

The relocation of a common boundary line between two lots/parcels within a recorded subdivision or partition shall not be considered a replat. A property line adjustment may occur in a platted subdivision or partition pursuant to Section 8.2600 et seq.

(Ord. No. 2023-07, 12-19-2023)

A replat tentative and final plat shall comply with the tentative and final plat land division processes specified in Sections 8.2200 through 8.2520, as applicable, with the following exceptions:

1.

The word "Replat" shall be shown in the title block;

2.

The name or reference number of the previous plat and any additional recording information shall be retained in the title of the replat;

3.

Blocks, lots/parcels and portions thereof which are being replatted shall be identified where applicable; and

4.

Original plat information being deleted, abandoned or changed by the replat shall be shown lightly sketched or dotted on the drawing with a note of explanation.

(Ord. No. 2023-07, 12-19-2023)

Boundary Line adjustments include the modification or elimination of existing lot or parcel boundaries. No new lots or parcels are created by a lot line adjustment.

(Ord. No. 2012-11, 10-23-2012)

All applications shall include a preliminary boundary line map identifying all existing and proposed boundary lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject properties; existing fences and walls; and any other information deemed necessary by the Community Development Director, or designee, for ensuring compliance with the Redmond Development Code.

(Ord. No. 2012-11, 10-23-2012)

1.

Boundary line adjustments shall be reviewed by the Community Development Director, or designee, consistent with the requirements in Article II Land Use Procedures, of this Chapter, using approval criteria contained in Section 8.2615, below.

2.

The boundary line adjustment approval shall be effective for a period of one year from the date of approval, during which time it shall be recorded.

3.

The boundary line adjustment approval shall lapse if:

A.

The boundary line adjustment is not recorded within the time limit in Subsection (2.) herein;

B.

The boundary line adjustment has been improperly recorded with Deschutes County without the satisfactory completion of all conditions attached to the approval; or

C.

The final recording is a departure from the approved subdivision or partition plat, if applicable.

(Ord. No. 2012-11, 10-23-2012)

The Community Development Director, or designee, shall approve or deny a request for a boundary line adjustment in writing based on findings that all of the following criteria are satisfied:

1.

No additional lot or parcel is created by the boundary line adjustment.

2.

All lots and parcels comply with the applicable lot and parcel size standards of the underlying zone including lot area and dimensions.

3.

All lots and parcels comply with the requirements of Sections 8.2700 through 8.2720.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020)

The Community Development Director, or designee, or Hearings Body may, upon written request by the applicant and payment of the required fee, grant an extension of the approval period for one year, up to an aggregate of two additional years provided that; no code changes which may be contrary to the original decision have occurred relative to that proposal, and there has been no new development since the original approval on any adjacent property. Such extensions shall be administrative, in writing, and not subject to appeal.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020)

Editor's note— Section 8.2625 "Final Plat Approval" was added by Ord. No. 2022-04 passed June 28, 2022. Later, was deleted by Ord. No. 2022-09 passed December 13, 2022.

The purpose of the expedited and middle housing land division process is to implement requirements in ORS 197.360 to 197.380 for expedited land divisions in residential districts, and 2021 Oregon Law Ch. 103 (S.B 458) regarding middle housing land divisions, in order to create homeownership opportunities.

(Ord. No. 2022-04, 6-28-2022)

1.

Expedited Land Division Applicability. The procedures of this Chapter are applicable to partitions and subdivisions within a residential zone as provided in ORS 197.365.

2.

Middle Housing Land Division Applicability. The procedures of this Chapter are applicable to the following middle housing projects, or proposed middle housing projects, on an existing lot within a residential zone:

A.

A duplex.

B.

A triplex.

C.

A quadplex.

D.

A townhouse project.

E.

A cottage cluster.

(Ord. No. 2022-04, 6-28-2022)

An Expedited Land Division or Middle Housing Land Division is not land use procedure. Unless the applicant requests to use the procedures in Sections 8.2200 through 8.2515 Partitions and Subdivisions (a land use action), the following procedure for an Expedited Land Division or Middle Housing Land Division shall be followed.

1.

Pre-Application Meeting. A pre-application meeting is not required.

2.

Application Requirements. Applications shall be submitted upon forms established by the Community Development Director. Applications will not be accepted in partial submittals. All of the following items must be submitted to initiate the completeness review:

A.

Application form, including required notarized signature(s) that demonstrate consent of all owners of the affected property;

B.

Deed, title report, or other proof of ownership;

C.

Information addressing the approval criteria of Section 8.2665 for Expedited Land Division or Section 8.2670 for Middle Housing Land Division in sufficient detail for review and action;

D.

Plans required for the particular type of application as noted by staff on the application checklist;

E.

Application narrative to address applicable code approval criteria and standards as noted on the application checklist; and

F.

Payment of the required fee.

3.

Completeness Review. The Community Development Director shall review the application submittal and advise the applicant in writing whether the application is complete or incomplete within 21 calendar days after the City receives the application submittal.

A.

Incompleteness shall be based solely on failure to pay required fees, failure of the applicant's narrative to address the relevant criteria or development standards, or failure to supply the required information listed in the checklist and shall not be based on differences of opinion as to quality or accuracy. Determination that an application is complete indicates only that the application contains the information necessary for a qualitative review of compliance with the Development Code standards.

B.

If the application was complete when first submitted or the applicant submits the 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 in effect at the time the application was first submitted.

C.

If an application is incomplete, the completeness notice shall list what information is missing and allow the applicant to submit the missing information. The completeness notice shall include a form, designed to be returned to the Community Development Director, or designee, by the applicant, indicating whether or not the applicant intends to amend or supplement the application.

4.

Notification.

A.

The Community Development Director, or designee, shall provide written notice of the receipt of the completed application for a Middle Housing Land Division or Expedited Land Division to all of the following:

1.

The applicant and/or authorized representative;

2.

The owner(s) of record of the subject property;

3.

Any City-recognized neighborhood association whose boundaries include or are within 100 feet of the subject property;

4.

Owners of record within 100 feet of the perimeter of the subject property; and

5.

Affected City departments, governmental agency, or special district responsible for providing public facilities or services which is entitled to notice under an intergovernmental agreement with the City which includes provision for such notice or is otherwise entitled to such notice.

B.

The notice shall state:

1.

The street address or other easily understood geographical reference to the subject property;

2.

A time and place where copies of all evidence submitted by the applicant will be available for review;

3.

The applicable criteria for the decision;

4.

The name and telephone number of a local government contact person;

5.

A brief summary of the local decision-making process for the Middle Housing Land Division or Expedited Land Division;

6.

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;

7.

That issues must be raised with sufficient specificity to enable the local government to respond to the issues; and

8.

The place, date, and time that comments are due.

C.

For purposes of appeal to the hearings officer under ORS 197.375 (Appeal of Local Government to Referee; Court of Appeal), this requirement shall be deemed met when the Community Development Director can provide an affidavit or other certification that such notice was given.

D.

After notification according to the procedure set out above, the Community Development Director, or designee, shall provide a 14-day period for submission of written comments prior to the decision.

5.

Decision. The Community Development Director, or designee, shall make a decision to approve or deny the application within 63 days of receiving a completed application, based on whether it satisfies the applicable requirements of Section 8.2650 through 8.2680 of Article III.

A.

Approval may include conditions to ensure that the application meets the applicable regulations.

B.

For Middle Housing Land Division and Expedited Land Division applications, the Community Development Director, or designee:

1.

Shall not hold a hearing on the application; and

2.

Shall issue a written determination of compliance or noncompliance with applicable land use regulations that includes summary statement explaining the determination.

C.

The decision shall include a statement of the facts upon which the decision authority relied to determine whether the application satisfied or failed to satisfy each applicable approval.

D.

Notice of decision shall be provided to the applicant and to those who received notice under Subsection (4.) of this Section within 63 days of the date of a completed application. The notice of decision shall include:

1.

The summary statement described in Subsection (2.B.) of this Subsection; and

2.

An explanation of appeal rights under ORS 197.375 (Appeal of decision on application for Expedited Land Division).

6.

Appeals. An appeal of a decision made under this Section shall not be subject to Sections 8.1500 through 8.1560 of Article II, Land Use Procedures. Any appeal of an Expedited Land Division or Middle Housing Land Division must be as provided in ORS 197.375. The Approval Authority for any appeal of an Expedited Land Division or Middle Housing Land Division is a City-appointed Hearings Officer.

7

Expiration. The tentative approval of a Middle Housing Land Division or Expedited Land Division is void if a final plat is not recorded within three years of the tentative approval.

(Ord. No. 2022-04, 6-28-2022)

1.

The Community Development Director, or designee, will approve or deny an application for Expedited Land Division based on whether it satisfies the applicable criteria of approval. The Community Development Director, or designee, may approve the land division with conditions to ensure the application meets the applicable land use regulations.

2.

The land subject to the application is within the R-1, R-2, R-3, R-3A, R-4, and/or R-5 zones.

3.

The land will be used solely for residential uses, including recreational or open space uses that are accessory to residential use.

4.

The land division does not provide for dwellings or accessory buildings to be located within a designated Historic Resource.

5.

The land division satisfies the minimum improvement requirements for development in Section 8.2235.

6.

The land division satisfies the following development standards contained in the Redmond Development Code or in an applicable Master Plan:

A.

Applicable lot dimensional standards;

B.

Applicable standards that regulate the physical characteristics of permitted uses, such as building design standards;

C.

Applicable standards in this code for 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.

7.

The land division will result in development that either:

A.

Creates enough lots to allow building residential units at 80 percent 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 percent of the median family income for Bend-Redmond MSA, which the project is build.

(Ord. No. 2022-04, 6-28-2022; Ord. No. 2023-07, 12-19-2023)

The Community Development Director, or designee, will approve a tentative plan for Middle Housing Land Division based on whether it satisfies the following criteria of approval:

1.

The application provides for the development of middle housing in compliance with the Oregon residential specialty code and land use regulations applicable to the original lot allowed under ORS 197.758(5).

2.

Separate utilities are provided for each dwelling unit.

3.

The applicant provides for easements necessary for each dwelling unit on the plan for:

A.

Locating, accessing, replacing, and servicing all utilities;

B.

Pedestrian access from each dwelling unit to a private or public street;

C.

Any common use areas or shared building elements;

D.

Any dedicated driveways or parking; and

E.

Any dedicated common area.

4.

The applicant proposes exactly one dwelling unit on each resulting lot, except for lots, parcels or tracts used as common areas.

5.

The applicant demonstrates that buildings or structures on a resulting lot will comply with applicable building code provisions relating to new property lines and, notwithstanding the creation of new lots, that structures or buildings located on the newly created lots will comply with the Oregon residential specialty code.

6.

The original lot dedicated and improved the abutting street right-of-way sufficient to comply with minimum right-of-way and improvement standards of Section 8.2710 or dedication and/or improvements of the abutting street right-of-way are proposed that meet the subject standards.

7.

The type of middle housing developed on the original lot shall not be altered by a Middle Housing Land Division. For example, cottage cluster units within a cottage cluster do not become single-family detached residential units after a Middle Housing Land Division.

(Ord. No. 2022-04, 6-28-2022)

The Community Development Director, or designee, may add conditions of approval of a tentative plan for a Middle Housing Land Division or Expedited Land Division as necessary to comply with the applicable criteria of approval. Conditions may include but are not limited to the following:

1.

A condition to prohibit the further division of the resulting lots or parcels.

2.

A condition to require that a notation appear on the final plat indicating that the approval was given under Second 2 of Senate Bill 458 (2021) as a Middle Housing Land Division.

3.

A condition to require recording of easements required by the tentative plan on a form acceptable to the City, as determined by the City Attorney.

(Ord. No. 2022-04, 6-28-2022)

1.

The final plat shall comply with the Middle Housing Land Division or Expedited Land Division conditions of approval.

2.

The following data requirements, if applicable, shall also be shown on the final plat:

A.

All tracts of land intended to be deeded or dedicated for public use;

B.

Street names as approved by the Community Development Director; and

C.

Any non-access strips.

3.

Approval Criteria. The Community Development Director, or designee, shall approve or deny the final plat for the Middle Housing Land Division or Expedited Land Division. Approval shall be based on the following criteria:

A.

Lands to be deeded or dedicated for public use are provided for on the final plat or on separate documents.

B.

An approved guarantee of completion is provided for required public improvements that have not been completed and accepted by the City.

C.

An approved grading and drainage plan is provided if grading is required.

D.

Approved construction drawings for required public improvements are provided.

E.

All conditions of tentative plat approval have been met and the final plat substantially conforms to the provisions of the approved tentative plat.

4.

A notice of Middle Housing Land Division for each middle housing lot shall be recorded with the County recorder that states:

A.

The middle housing lot may not be further divided.

B.

No more than one unit of middle housing may be developed on each middle housing lot.

C.

The dwelling developed on the middle housing lot is a unit of middle housing and is not a single family detached residential unit, or any other housing type.

5.

No plat shall have any force or effect and no title to any property shall pass until the final plat has been recorded; however, a final plat is not required prior to issuance of building permits for middle housing proposed with a Middle Housing Land Division.

(Ord. No. 2022-04, 6-28-2022)

1.

Any land division or development shall be in compliance with the design and improvement standards and requirements of this Section, and all other applicable provisions, as set forth in this Chapter.

(Ord. No. 2012-11, 10-23-2012)

1.

Blocks. The resulting or proposed length, width and shape of blocks shall take into account the requirements for adequate building lot sizes, street widths, access needs and topographical limitations.

A.

No block shall be more than 660 feet in length between street center lines unless it is adjacent to an arterial street, or unless topography or the location of adjoining streets justifies an exception and is so approved by the reviewing authority. In MUN, MUE and MULW zones, block lengths shall be an average of 330 feet, except where required to meet grid street or access management requirements.

B.

The recommended minimum length of a block along an arterial street is 1,320 feet, except that along such blocks, a public right-of-way for pedestrian and bicycle access shall be dedicated at or nearest the mid-point of the block length as is practical. The right-of-way shall be a minimum of ten feet wide, with an all weather surface a minimum of five feet wide, constructed and centered within the right-of-way.

C.

A block shall have sufficient width to provide for two tiers of lots unless topography, the location of adjoining streets, or adjacency to an arterial street justifies an exception.

D.

Where appropriate at approved cul-de-sacs, dead-end streets, or along blocks approved at more than the maximum block length standard, pedestrian and bicycle access corridors shall be required to be constructed between lots to minimize travel distance between subdivisions, parks, school, and collector or arterial streets. Access corridors shall be located to provide a reasonably direct connection between likely pedestrian destinations and shall be consistent with the City of Redmond Bicycle Refinement Plan where applicable. A reasonably direct connection is a route which minimizes out of direction travel for people likely to use the connection considering terrain, safety, and likely destination. The Review Authority may determine based on evidence in the record that construction of a separate access corridor is inappropriate or impractical. Such evidence may include but is not limited to:

1.

When the nature of abutting existing development makes construction of an access corridor impractical.

2.

When the access corridor would cross a natural area with significant natural habitat and construction would be incompatible with protection of natural values.

3.

When the access corridor would cross topography where slopes exceed 30 percent or where path grade would exceed 12 percent slope; or

4.

When a cul-de-sac or dead-end street abuts rural resource land at the urban growth boundary. In industrial zones, this standard may be waived at the discretion of the Review Authority, when it is determined that the City's grid street standards should not be applied to the industrial development.

2.

Lots and Parcels. The size, width, and orientation of newly created lots and parcels shall be appropriate for the location of the land division and for the type of development and use contemplated. Lots and parcels shall be generally rectangular in shape and shall be consistent with the lot size provisions of the zoning standards and the density requirements as established in the City of Redmond Comprehensive Plan. Notwithstanding these requirements, the following exceptions may apply:

A.

In areas beyond the City Limits where public sewer is not currently available, minimum lot and parcel sizes shall permit compliance with the requirements of the Department of Environmental Quality and shall be sufficient to permit adequate sewage disposal. Any problems posed by soil structure and water table as related to sewage disposal by septic tank shall be addressed and resolved in the applicant's initial plan.

B.

Where property is zoned and planned for business or industrial use, other widths and areas may be permitted by the Review Authority. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

C.

In steep terrain, increased lot or parcel sizes may be required to avoid excessive cuts, fills, and steep driveways.

3.

Frontage. Each newly created lot and parcel shall abut upon a public street other than an alley for at least 50 feet (at least 25 feet in Mixed Use zones). Lots fronting on the bulb of a cul-de-sac the minimum frontage shall be 30 feet. Flag lots shall have no less than 20 feet of street frontage measured at the property line. Townhouse frontage shall be at least 20 feet. Vehicular access shall be provided as specified in Section 8.2820, Access Management Standards, of this Chapter, or as specified in Section 8.2705(6.) below, for residential lots and parcels abutting collector and arterial streets. All lot and parcels shall be addressed from the primary public street frontage, not including alleys.

4.

Side Lot or Parcel Lines. All side lot lines shall be at right angles to street lines or radial to curved streets wherever practical except as provided for in Subsection (10.) of this Section.

5.

Through/Double Frontage Lots and Parcels. Through lots or parcels, and lots or parcels with double frontage shall be avoided whenever possible, including lots or parcels created adjacent to Collector and Arterial Streets, but not including alley frontage as described in Section 8.2705(6.) below, except when they are necessary due to an irregular parent lot or parcel configuration, or are necessitated by topography or other unique circumstance.

6.

Residential Lots and Parcels Abutting Collector and Arterial Streets. Lots and parcels created adjacent to Collector and Arterial streets shall be oriented so that the front elevation of the residential development faces the Collector or Arterial Street. Vehicular access shall be provided pursuant to Section 8.2820, Access Management Standards, of this Chapter. In instances where direct vehicular driveway access to lot or parcel from the Collector or Arterial Street is not permissible, alley access shall be provided to the rear of the lot or parcel in accordance with the design standards included in Section 8.2710(3.) of this Chapter.

7.

Corner Lots and Parcels. Corner lots and parcels shall be five feet more in width than other lots and parcels and also shall have sufficient extra width to meet the additional side yard requirements of the zoning district in which they are located.

8.

Special Building Setback Lines. If special building setback lines, in addition to those required by the applicable zoning, are to be established in a development, they shall be shown on the final plat of the development and included in the deed restrictions.

9.

Large Building Lots; Re-division. In the case where lots or parcels are of a size and shape that future redivision is possible, the Review Authority, may require that the blocks be of a size and shape so that they may be redivided into building sites, and the development approval and site restrictions may require provision for the extension and opening of streets at intervals which will permit a subsequent redivision of any tract of land into lots or parcels of smaller sizes than originally platted, and in conformance with the density provisions established in the City of Redmond Comprehensive Plan for the existing or intended Zone. A plan indicating the ability for re-division according to these standards may be required as part of the initial land division process.

10.

Curvilinear Street and Block Design. Although a basic grid street design with minimum and maximum block lengths are requirements of this Section, a curvilinear street/block design is encouraged for the purpose of adding interest to new subdivision development.

11.

Flag Lots. A flag lot shall be considered as a "flag lot" if the pole of the flag lot is less than half the width of the average lot width. For flag lots, the following shall be required:

A.

Flag poles shall be no less than 20 feet wide. Flag lot frontage can be reduced by approval from Redmond Fire & Rescue and City Engineer.

B.

All zone regulations apply, including the minimum required lot size and setbacks unless setback reductions are allowed as described in (E).

C.

Each flag lot shall contain a minimum 12-foot-wide paved driveway.

D.

A flag lot is exempt from the 50-foot street frontage requirement; however, a minimum of 20 feet of street frontage is required.

E.

Front and/or rear yard setbacks may be reduced to no less than ten feet subject to review and approval by the Community Development Director. The orientation of any structure (determination of front) may be suggested by the property owner and is subject to the review and approval of the Community Development Director, or designee. The location(s) of all structures immediately adjacent to any flag lot shall be shown on a site plan (1) during planning review and during the act of creating any new flag lot, and (2) during a building permit review for any structure built on a flag lot.

F.

No flag lot shall be partitioned or further divided, except as provided for by middle housing.

G.

The "pole" of the flag lot shall be no longer than 150 feet measured from the street intersection to the beginning of the base of the flag.

H.

The "pole" of the flag shall not be included in the minimum lot size calculation.

I.

Flag lots shall be exempt from street tree requirements unless the street frontage portion of the flag lot is 30 feet or greater.

J.

Flag lots are prohibited along or abutting the Dry Canyon Rim.

K.

Two off-street parking spaces shall be provided for single family detached dwellings; and one space per unit for middle housing on a flag lot.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2022-04, 6-28-2022; Ord. No. 2022-09, 12-13-2022; Ord. No. 2023-07, 12-19-2023)

1.

General. Streets shall be in conformance with the City of Redmond Transportation System Plan as specified herein.

A.

Except along Arterial Street, public streets shall be spaced a maximum of 660 feet between centerlines. The purpose is to provide a street grid pattern of through streets to facilitate traffic movement. Street designs shall conform to topography and other existing natural and man-made conditions. Illustrative examples of other conditions include the dry canyon, main COI canal, Highway 97, and the Burlington Northern Railroad tracks.

B.

All proposed streets, sidewalks, bike lanes and pedestrian pathways shall connect to other streets, sidewalks bike lanes and pedestrian pathways within a development and to existing and planned streets, sidewalks, bike lanes and pedestrian pathways outside the development. Such facilities shall serve existing and planned parks, schools, or other public lands within a neighborhood.

C.

To the maximum extent possible, new local streets shall align and connect with existing local streets and collectors, and in certain special cases arterial streets. Cul-de-sac streets shall be permitted only where no feasible connection with an adjacent street exists, or if the local street connection would be to an arterial street and the function of the arterial street may be diminished as determined through the land use review process, or the block length would be less than that which is permitted by Section 8.2705(1.B.).

D.

Consideration should be given to alternative street designs other than required herein in the City's non-residential land use zones to allow for more effective developments. Such designs may be considered and approved during the subdivision or partition process without need for variance.

E.

All proposed or required streets and alleys shall comply with Section 8.2820 Access Management Standards, the Transportation System Plan, and with Local Street Connectivity Plans adopted as part of the transportation element of the Comprehensive Plan.

2.

Existing Streets. Whenever existing streets, adjacent to or within a tract, are of inadequate width per Public Works Standards and Specifications and the City's approved Transportation System Plan additional right-of-way shall be provided at the time of the land division by the applicant. During consideration of the tentative plat for the subdivision or partition, the Review Authority shall determine whether the improvements to existing streets, adjacent to or within the tract, are required. If so determined, such improvements shall be required as a condition of approval of the tentative plat. Improvements to adjacent streets shall be required where traffic on said streets shall be directly affected by the proposed subdivision. Notwithstanding these provisions, off-site improvements to streets not within or adjacent to the development may be required when impacts resulting from the development necessitate such improvements as demonstrated through a transportation impact analysis.

3.

Existing Access Easements. Whenever existing unpaved access easements, adjacent to or within a tract, the Review Authority may require paving to City standards at the time of the land division by the applicant.

4.

Minimum Right-of-Way and Roadway Standards. The minimum street right-of-way widths shall be in conformance with Table 1 below. Additional right-of-way may be required at intersections to accommodate intersection widening and roundabouts.

Street surfacing, sidewalks or multi-use paths, travel lanes, medians, planter strips, curbs and bicycle lanes must be installed in conformance with the Public Works Standards and Specifications and the Transportation System Plan. Oregon Department of Transportation (ODOT) facilities must meet ODOT design standards.

5.

Future Extension of Streets. When necessary to give access to or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary of the subdivision or partition and the resulting dead-end streets may be approved without a permanent turn around if they are 150 feet or less in length, although, an adequate temporary turn around to ensure emergency vehicle access must be provided if such streets are greater than 150 feet in length.

6.

Collector and Arterial Street Access. Notwithstanding the provisions of Section 8.2705 of this Chapter, if a land division abuts or contains an existing or proposed collector or arterial street, the Review Authority, may require other treatments, including but not limited to frontage roads, necessary for adequate protection of residential properties and to afford separation of through and local traffic. Provision may be made for emergency access. All frontage roads shall comply with the City of Redmond Transportation System Plan.

7.

Streets Adjacent to Railroads, Freeways and Parkways. When the area to be subdivided or partitioned is residentially zoned and abuts a railroad, freeway, or parkway, a provision may be required for a street approximately parallel to and on either side of such right-of-way at a distance suitable for use of the land between the required street and the abutting railroad, freeway, or parkway. In the case of a railroad, there shall be a land strip of not less than 25 feet in width between the railroad right-of-way and residential property. The land strip must be occupied by the fire-resistant materials, and may contain a fence, a trellis, a wall, or small decorative or artistic feature. If the intervening property between such parallel streets and a freeway or a parkway is less than 80 feet in width, such intervening property shall be dedicated to a passive-style park or thoroughfare use by bicycles and/or pedestrians. The intersections of such parallel streets, where they intersect with streets that cross a railroad, shall be determined with due consideration as cross streets of a minimum distance required for approach grades to a future grade separation and right-of-way widths of the cross street.

8.

Continuation of Streets. Subdivision or partition streets which constitute the continuation of streets in contiguous territory shall be aligned so that their center lines coincide. Where straight line continuations are not possible, such center lines shall be continued as curves. These streets or the continuation of streets in contiguous territory may be required by the Review Authority, where such continuation is necessary to maintain the function of the street or desirable in the surrounding area.

9.

Street Names. Except for extensions of existing streets, no street names shall be used which will duplicate or be confused with the name of an existing street in a nearby city or in the County. Street names and numbers shall conform to the established pattern in the City, including the continuation of street names across intersecting streets, and shall be subject to the approval of the Redmond Fire and Rescue and Deschutes County.

10.

Sidewalks. Sidewalks are required to be installed on both sides of a public street and in any special pedestrian way within the subdivision or partition that comply with the City of Redmond Transportation System Plan. In the case of collectors, arterials, special industrial districts or in steep terrain, the Review Authority may approve a subdivision or partition without sidewalk if alternative pedestrian routes are available or provided by the developer. Sidewalks shall be required along routes to existing or future school and park sites.

11.

Bicycle Facilities and Multi-Use Pathways. Bicycle facilities and multi-use pathways are required to be installed within the subdivision or partition that comply with the City of Redmond Transportation System Plan.

12.

Intersection Angles. Street intersections shall be as near right angles as possible except where topography or existing conditions requires a lesser angle, but in no case shall the acute angle be less than as permitted by the adopted Public Works Standards and Specifications.

13.

Alignment. Staggered street alignment shall whenever possible, leave a minimum of 200 feet distance between the center line of the streets, but in no case be less than as permitted by Public Works Standards and Specifications.

14.

Narrow Streets. Local streets designed at widths less than 36 feet may be permitted subject to the following:

A.

The narrow street is internal to a Subdivision or Planned Unit Development with street connections on both ends.

B.

All lots adjoining the narrow streets are at least 5,000 square feet and have a minimum 50 feet of frontage.

C.

Sidewalks, curbs, and street trees conforming with Public Works Standards and Specifications shall be installed.

D.

Curb cuts along the narrow street shall not be less than the minimum width required within the adopted Public Works Standards and Specifications.

E.

Covenants, Conditions, and Restrictions (CC&Rs) and a Homeowners Association (HOA) are established for the development. The CC&Rs must effectuate the HOA as responsible for parking enforcement.

15.

Private Steets. Private streets must be approved by the City Engineer. The City Engineer may require private streets to meet public standards. Private streets must comply with fire code and access management standards and will only be permitted when accompanied by CC&Rs that designate an HOA as responsible for maintenance and repair.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2022-09, 12-13-2022; Ord. No. 2023-07, 12-19-2023)

1.

Lighting. The subdivider or partitioner shall provide underground wiring to the City standards and a base for any proposed ornamental streetlights at locations approved by the affected utility company.

2.

Multiple Access Points. Whenever possible, a minimum of two points of access to the subdivision or partition shall be provided to provide assured access for emergency vehicles and ease resident evacuation.

3.

Water/Sewer. All subdivisions and partitions shall provide water and sewer lines constructed to City standards and specifications approved by the City Engineer. All lots or parcels shall be served from the City of Redmond water and sewer systems or by water and sewer systems acceptable to the City. Water and sewer mains and service lines shall be installed prior to the curbing and paving of new streets in all new subdivisions or partitions.

4.

Underground Utilities. All permanent utility service, cell service, and minor power transmission lines that are within or immediately adjacent to lots in a subdivision or parcels in a partition shall be provided from underground facilities unless otherwise approved by the Review Authority. The subdivider, partitioner, or developer shall be responsible for complying with requirements of this Section and shall:

A.

Obtain a permit from Public Works for placement for all underground utilities within the public right-of-way.

B.

Make all necessary arrangements with the utility companies and other persons or corporations affected by the installation of such underground utilities and facilities in accordance with rules and regulations of the Public Utility Commission of the State of Oregon.

C.

All underground utilities, water lines, sanitary sewer lines and storm drains installed in streets shall be constructed prior to the surfacing of such streets to the extent practicable, and water and sanitary sewer service lines shall be placed to such lengths as will negate the necessity for disturbing the street improvements when service connections are made.

5.

Preservation of Natural Features. Existing natural features (i.e., rock outcrops) add character to the development and shall be preserved to the greatest extent practicable.

6.

Preservation and Replacement Trees. All deciduous or coniferous existing trees having a ten-inch trunk diameter 4.5 feet above grade or greater are considered significant and shall be preserved or replaced at a 'one-to-one' ratio. Replacement trees shall have a minimum 1-1/2-inch trunk diameter measured at 4.5 feet above grade. This criterion shall be met in the submitted landscape plan. Street trees are counted as replacement trees. Trees removed for installation of public infrastructure are not required to be replaced, however they should be preserved where possible. The Community Development Director, or designee, may prohibit removal of significant trees located within the setback along the perimeter of the parcel to be developed, located adjacent to water features, or that provide screening or buffering to existing development where not located within the proposed or potential building footprint. An alternate restoration plan may be approved by the Community Development Director, or designee.

7.

Easements.

A.

Utility Easements. Easements shall be provided along property lines when necessary for the placement of underground utilities and to provide the subdivision or partition with electric power, communication facilities, street lighting, sewer lines, water lines, gas lines, or drainage. Such easements shall be labeled "Public Utility Easement" on the tentative and final plat; they shall be at least 12 feet in width and centered on lot lines where possible, unless determined otherwise by the City Engineer or designate. Excepting utility pole guylines easements along the rear of lots adjacent to unsubdivided land may be reduced to ten0 feet in width, unless determined otherwise by the City Engineer or designate.

B.

Drainage. If a tract is traversed by a water course, such as a drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the water course or in such further width as will be adequate for the purpose. Streets or parkways parallel to major water courses and drainage ways may be required.

8.

Fully developed "pocket parks" or "tot lots" shall be incorporated into medium and high density zoned residential subdivisions and site plans. These areas shall be developed for every 25 lots/units, a minimum of 3,000 square feet and privately maintained. Park amenities shall, at a minimum, include: 1/2 of the park dedicated to turf areas, benches, trees, shrubs, ground cover, irrigation, other landscape or decorative features, and acceptable trash receptable(s) and lighting.

9.

Urban-Rural Interface. Residential subdivisions adjacent to areas outside of the Urban Reserve Area (URA) shall provide buffering to manage the transition from urban to rural intensities by meeting at least one of the following standards:

A.

Provide landscaped buffers at least 100 feet wide, exclusive of rights-of-way, for the entire length that the urban development is adjacent to lands outside of the URA. The buffers shall be landscaped with native vegetation characteristic of the local ecosystem; or

B.

Locating lower density development at the urban-rural interface; or

C.

Other appropriate and equivalent transitional elements as approved by the Review Authority.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020; Ord. No. 2022-04, 6-28-2022; Ord. No. 2023-07, 12-19-2023)

Grading of building sites shall conform to the City of Redmond Public Works Standards and Specifications.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2016-17, 1-31-2017; Ord. No. 2023-07, 12-19-2023)

Editor's note— Section 8.2435 "Special Setbacks" was deleted by Ord. No. 2012-11 on October 23, 2012.

In addition to other requirements, public or private improvements to be installed by the applicant either as a requirement of these standards or other applicable regulations or at his or her own option, shall conform to the requirements of this Article:

1.

Plan Review and Approval. Improvement work shall not be commenced until plans thereof have been reviewed and approved by the Community Development Director, or Hearings Body, or a designated representative thereof. To the extent necessary for evaluation of a proposed development, such improvement plans may be required before approval of the tentative plan or preliminary map or drawing.

2.

Public Improvements as Platted. Public improvements shall be designed, installed, and constructed as platted and approved by the City Engineering Division, and plans shall be filed with the final plat at the time of recordation or upon completion.

3.

Inspection. Improvements shall be constructed under the inspection and approval of a city Inspector. Expenses incurred thereby shall be borne by the applicant/owner. The inspector may require changes in sections and details of the improvements if unusual conditions arise during construction to warrant such changes.

4.

As-Built Plans. A map showing the completed public improvements shall be filed with the Community Development Department upon completion of the improvements.

(Ord. No. 2012-11, 10-23-2012)

The same improvements may be required to be installed to serve each building site of a partition as are required of a subdivision.

(Ord. No. 2012-11, 10-23-2012)

Improvements shall be considered for acceptance after final inspection, after the improvements have been completed.

(Ord. No. 2012-11, 10-23-2012)

It shall be the burden of the developer to evaluate transportation system impacts when a proposed development involves either a Subdivision, Site and Design Review, Planned Unit Development, Master Development Plan, Comprehensive Plan and Zone Map Amendment, a change or expansion of use, or any other development that the City Engineer deems necessary. Transportation System Analyses are not required for residential site plan review for up to four units or Partitions.

Transportation System Analyses are approved based on the information presented in the report and must not be older than 180 days from approval at the time the land use application is deemed complete. If the associated land use application is not deemed complete prior to the expiration, the City may require the approved report be updated.

1.

Trip Generation Report.

A.

Preparation. The Trip Generation Report must provide enough detailed information for the City Engineer to determine if a Transportation Impact Analysis is required. Clear and Objective Track Reports may be prepared by an applicant, owner, or professional engineer, except as provided in Subsection (B.3.c.). Discretionary Trip Generation Reports must be prepared and stamped by a professional engineer licensed by the State of Oregon.

B.

Contents of the Trip Generation Report. The Trip Generation Report must contain the following information organized as follows:

1.

Description of the Proposed Development. Provide a description of the proposed development sufficient to understand the proposed development's size, uses, operations, number of floors, and interaction with the transportation system. To the extent known, the description must include both qualitative and quantitative descriptions, including scale of the proposed development, day-to-day operations, deliveries, staffing, customer base (visitors, patients, employees, students, etc.), peak hours of operation, and identification of site access and on-site circulation needs.

2.

Conceptual Site Plan. A conceptual site plan shall be provided showing the following:

a.

Clear and Objective Track.

i.

The location and size of the existing and proposed development.

ii.

Development phases identified.

iii.

Location of existing and proposed access and recorded easements for all driveway and access systems serving the site that conform with access management standards and the Public Works Standards and Specifications.

b.

Discretionary Track.

i.

The location and size of the existing and proposed development.

ii.

Development phases identified.

iii.

Location of legal access and recorded easements for all driveway and access systems serving the site that do not meet access management standards. For all driveways and new intersections created by the proposed development, intersection sight distance measurements may be required for all movements into and out of the proposed accesses. Field measurements should be used wherever possible, although plan measurements from civil drawings may be used, particularly for planned intersections or driveways. Measurements need to account for vertical and horizontal curvature, grades, landscaping, and right-of-way limitations. Sight distance measurements must comply with AASHTO guidance for the posted speed and control form of the intersection. At the written request of an applicant and as part of the discretionary track development review process, the City Engineer may approve an alternate sight distance standard based on existing constraints.

iv.

For arterial and collector street accesses and new street connections, document the location of all existing driveways and street connecting points within 300 feet of the frontage of the property. The City may require a driveway conflicting movement diagram and assessment showing overlapping conflicts with nearby existing driveways and street intersections.

v.

The proposed street layout that matches the TSP and how it interfaces into abutting and nearby approved development street layouts, abutting and nearby master development plans or special planned areas and requirements of this code and provides access for development of adjoining properties.

vi.

Truck circulation and entry/egress assessment including routing, turning movement, and delivery needs for all truck and emergency service vehicles. Identify any proposed special truck accommodations for freight service.

3.

Trip Generation. Provide a trip generation description for the proposal with the following applicable information:

a.

Trip Credits and Vested Trips. If trip credits are being used from the existing on-site development or from a separate development approval, the trip generation description must provide supporting documentation of those trip credits, and documentation of the authority to use those trip credits for the proposed development.

b.

Base Trip Generation Rates.

i.

Clear and Objective Track. Average trip generation rates from the latest edition of the publication Trip Generation by the Institute of Transportation Engineers (ITE).

ii.

Discretionary Track. The City Engineer will determine which of the following to use for the base trip generation rates:

A.

Average or fitted equation trip generation rates from the latest edition of the publication Trip Generation by the Institute of Transportation Engineers (ITE);

B.

Local data. The procedure for identifying local trip generation rates must comply with the guidelines for "Conducting a Trip Generation Study" in the ITE Trip Generation document; or

C.

Other method approved by the City Engineer. Additional time periods may be required based on unique uses with atypical peaking characteristics, such as at schools or event centers.

c.

Comprehensive Plan and Zone Map Amendments. Comprehensive Plan and Zone Map Amendments must be prepared and stamped by a licensed professional engineer in the State of Oregon. For Comprehensive Plan and Zone Map Amendment applications, the trip generation must represent a reasonable build-out scenario supported through citation of nearby existing site trip generation rates and densities in order to ensure reasonable trip generation comparisons. If the application is accompanied by a concurrent Site & Design Review application, the trip generation for the Site & Design Review application may be used instead. The amendment must comply with the Transportation Planning Rule, Oregon Administrative Rule (OAR) 660-012-0060.

d.

Pass-By Trips.

i.

Clear and Objective Track. Adjustments for pass-by trips will be allowed as provided in the ITE Trip Generation publication. Pass-by trips must always be accounted for in the site access analyses and sufficiently documented for review.

ii.

Discretionary Track. Adjustments for pass-by trips may be applied depending on the adjacent transportation facility and City Engineer approval. The published average pass-by rate will typically be allowed for those land use categories that are provided in the ITE Trip Generation publication. Pass-by trips must always be accounted for in the site access analyses and sufficiently documented. The City Engineer may approve another method to review adjustments for pass-by trips.

e.

Site Internalization/Trip Sharing.

i.

Clear and Objective Track. Site internalization/Trip Sharing is not permitted.

ii.

Discretionary Track. Applications may demonstrate how the site reduces vehicle trips through site design, including parking supply, land use mixes (such as NCHRP Report 864/NCHRP 08-51), and densities that promote reduced rates based upon those elements. City review of the proposal based on guidance from the State's Transportation Planning Rule may result in trip generation reductions.

f.

Transportation Demand Management Plan.

i.

Clear and Objective Track. Transportation Demand Management Plans (TDM) are not permitted with the Clear and Objective Track.

ii.

Discretionary Track. Applications processed per the Discretionary Track may choose to develop a Transportation Demand Management (TDM) plan. The proposed measures of the TDM plan will be evaluated to determine trip generation reduction rates, as well as the means of establishing compliance with the measures outlined.

C.

City Review and Evaluation. Based on information provided in the Trip Generation Report, the City Engineer or designee will notify the applicant in writing if the report is complete, and if not, what additional evaluation information is required. If no additional information is needed, the City Engineer or designee will notify the applicant whether a Transportation Impact Analysis, or additional assessment of the specific concerns noted, is required based on the following criteria:

1.

The current or projected increase in trip generation of the roadway system in the vicinity of the proposed development will exceed 200 Weekday Daily Trips or 20 or more weekday PM Peak Hour Trips; or

2.

The proposed development considers modification, installation, or removal of any traffic control device.

2.

Transportation Impact Analysis.

A.

Preparation. If a Transportation Impact Analysis (TIA) is required, it must be prepared by a licensed professional engineer especially qualified in traffic engineering by the State of Oregon. The applicant's engineer must consult with the City Engineer or designee prior to preparing the TIA to verify the scope of the study. The City shall respond in writing within 30 days. When applicable, the applicant's engineer shall concurrently consult with ODOT and Deschutes County prior to preparing the TIA to verify the study area. The TIA must contain all the details required in a Trip Generation Report, in addition to what is included in the Subsections below. When it is known that a TIA will be required, the applicant does not need to submit a Trip Generation Report separately and may include the details within the TIA scoping request.

B.

Contents of the Transportation Impact Analysis Report. The TIA must contain the following information organized as follows:

1.

Transportation Facilities Evaluation.

a.

The existing transportation system infrastructure serving the site within the study area. The evaluation must include any future funded transportation system elements included in the City's approved five-year Capital Improvement Program (CIP), Statewide Transportation Improvement Program (STIP) or other approved funding plan.

b.

The following right-of-way information along the frontage of the proposed development:

i.

Compliance with the required right-of-way width for the roadway classification.

ii.

Compliance with the required street widths.

iii.

Compliance with the required right-of-way or easement width for all trail and access corridors.

iv.

Compliance with the required street frontage elements including curbs, bike facilities, park strips, sidewalks/multi-use paths, driveways and driveway aprons, as well as curb ramps. All applicable elements must be accessible per the Public Works Standards and Specifications.

c.

Summary of the existing and planned walking, biking and transit facilities and infrastructure serving the site from each access point (driveway or street) of the proposed development onto and along the transportation system for a distance of one-quarter mile. Public or private schools, colleges or universities shall provide the information required for a distance of one mile:

i.

Location of sidewalks, curb ramps, bike lanes, paths, crosswalks, pedestrian signal heads, push buttons, related signage, striping, and transit facilities along with pedestrian paths of travel between the transit facility and the site and to the entrances to building(s) on the site.

ii.

Barriers, deficiencies and high-pedestrian demand land uses including schools, parks, parking, senior housing facilities, and transit facilities.

d.

Truck circulation and entry/egress including routing, turning movement, and delivery needs for all truck and emergency service vehicles. Identify any proposed special truck accommodations for freight service.

2.

Trip Distribution. Provide a trip distribution description and map that contains the following information:

a.

Trip distribution assignments within the study area that replicate overall origin/destination patterns, including the major intersections identified in Subsection (3.) of this Section. Where available, existing/historical field count turning movement patterns are to be used as a guide for trip assignments. The assignment will be adjusted to reflect future funded transportation facilities, improvements or services that are authorized in the TSP and for which funding is in the City's five-year CIP and adopted within the annual budget or approved by City Council, the STIP or other approved funding plan.

b.

Description of truck delivery routes, including over-dimensional loads if applicable, of travel to and from the site from the arterial street system.

3.

Study Area.

a.

Clear and Objective Track and Discretionary Track. The study area must include all site access and adjacent roadways and intersections. The study area must also include all off-site intersections including either a collector or arterial roadway which are impacted by 25 or more peak-hour vehicle trips. The City Engineer must approve the defined study area prior to commencement of the TIA. The Study Area must be demonstrated on a map.

b.

Discretionary Track. The City Engineer may choose to waive the study of certain intersections if deemed unnecessary.

4.

Study Analysis Years. The analysis must be performed for all study roadways and intersections for the following years with and without the proposed development:

a.

Existing conditions (current year);

b.

Year of completion of the final phase (for phased projects, intermediate phases may be required to be analyzed);

c.

Five years beyond completion of the final phase for planning purposes. Data presented for this analysis year will not be used to determine significant impacts.

d.

For an amendment to a functional plan, the Comprehensive Plan, or a land use regulation the analysis year must reflect the Transportation Planning Rule, OAR 660-012-0060. An analysis for an amendment to a functional plan, the Comprehensive Plan or land use regulation must use the approved travel demand model as determined by the City Engineer.

5.

Study Time Periods. Within each study year, an analysis must be performed for the following time periods:

a.

Weekday PM peak hour (i.e., one hour between 4:00 PM and 6:00 PM); and

b.

For Discretionary Track applications, additional time periods may be required based on unique uses with atypical peaking characteristics, such as at schools or event centers.

6.

Traffic Counts.

a.

Clear and Objective Track. Once the study periods have been determined traffic counts must be obtained as follows:

i.

Midweek traffic counts must be obtained (Tuesday through Thursday);

ii.

Counts must be no more than one year old from the date the Transportation Report is submitted.

iii.

Counts must include all passenger vehicles, heavy vehicles (trucks/buses), bicycles, pedestrians.

iv.

Counts must be obtained while school is in session.

b.

Discretionary Track. Once the study periods have been determined traffic counts must be done as follows:

i.

Midweek traffic counts must be obtained (Tuesday through Thursday);

ii.

Counts may need to be adjusted or calibrated to reflect seasonal, schools, or other variations in traffic;

iii.

Unless approved by the City Engineer, counts must be no more than one year old from the date of the proposed development application submittal;

iv.

Additional hours of classified turning movement counts may be required based on City Engineer direction to determine compliance with traffic signal or all-way stop warrants or to determine the extent of over-capacity conditions.

7.

Future Traffic Forecasts.

a.

Traffic Forecast for Projects and Project Phasing.

i.

Traffic forecast must include all projects within the study area that have been submitted to the City for processing for development (e.g., master development plans, land divisions, site plans, conditional use permits, and similar approvals). They must be identified, and their traffic generation included as cumulative traffic in the study. Proposed projects in the study area that have been submitted to the City for processing, but not yet approved, must also be included. An annual growth rate must be applied to existing volumes to account for other general traffic growth in and around the study area.

ii.

For phased developments, the traffic forecasts for the year of completion of each phase must be calculated to be field counts plus traffic from projects within the study area that have received approvals for development (e.g., approved master development plans, land divisions, site plans, conditional use permits, and similar approvals), plus an annual growth rate.

b.

Build-Out Studies for Comprehensive Plan and Zone Map Amendments.

i.

Traffic projections for build-out scenarios must use the current transportation model used by the City or other approved model as approved by the City Engineer. The applicant's engineer must use the model projections post processed using NCHRP 255 and sound professional engineering standards as the basis for determining turning-movement volumes for the required intersection analysis. A manual assignment of the project traffic added to the build-out traffic may typically be used to determine total future traffic, as approved by the City Engineer.

8.

Operations Analysis Methodology.

a.

The operations analysis must be prepared in conformance with the most recent version of the Highway Capacity Manual for the peak 15-minute analysis period. For a Discretionary Track application, other analysis methods may be approved by the City Engineer within the scoping process.

b.

Identify intersection operations in a table including volume to capacity ratios, delay, and queuing for individual/critical movements as well as for the intersection as a whole including the following:

i.

Delays for two-way and all-way stop controlled study intersections including delays for lane groups, approaches, and intersection as a whole;

ii.

Ninety-fifth percentile queue and available storage length;

iii.

Volume to capacity ratio for any approach or for the intersection as a whole for signalized and roundabout controlled study intersections.

c.

The operations analysis must use existing transportation system conditions (intersection control type and street roadway geometry). Committed funded transportation facilities will also be considered in the analyses. Committed funded transportation facilities means transportation facilities, improvements or services that are authorized in the Transportation System Plan and for which construction funding is in the five-year CIP and adopted in the current annual budget or approved by City Council, the STIP or other approved funding plan.

d.

Operations Standards. The intersection analyses provided in the TIA will be evaluated for safety deficiencies and queuing deficiencies and compliance with this code, the Transportation Planning Rule, the City's TSP, any applicable development agreements, and regional transportation system plans. Intersections under the jurisdiction of the ODOT will also be evaluated using the ODOT Analysis Procedures Manual for compliance with the Oregon Highway Plan. Intersections under the jurisdiction of Deschutes County that are outside the Urban Growth Boundary must also be evaluated for compliance with Deschutes County Code. Intersections that do not comply with the criteria listed in those documents will be considered to have significant impacts.

e.

Projects are considered to have significant operational impacts on the transportation system when identified at the year of completion of the final or intermediate phase as identified below:

i.

Signalized and all-way stop controlled intersections. Overall intersection delays exceeding LOS "E" during the peak 15 minutes of the peak hours of the average weekday, and if AWSC intersections meet MUTCD volume-based signal warrants.

ii.

Roundabouts and stop-controlled intersections. If the critical movement delay exceeds LOS "E" and the v/c ratio on the critical movement is more than 0.90 or if the critical movement experiences a 95th percentile queue more than four vehicles, or if a stop-controlled intersection meets MUTCD volume-based signal warrants.

iii.

Local streets experiencing an Average Daily Traffic volume higher than 1,200 vehicles per day.

iv.

Intersections on ODOT facilities will be required to comply with ODOT mobility targets. Coordination with ODOT is required in the study process.

v.

Intersections on Deschutes County facilities are required to comply with County performance standards. Coordination with Deschutes County is required in the study process.

9.

Arterial and Collector Left Turn, Right Turn Lane Assessment.

a.

Left-turn lane warrants must be assessed based on guidance within NCHRP 193 (or ODOT's APM for State facilities).

b.

Right-turn lane warrants must be assessed for major intersections including either a collector or arterial based on ODOT's methodology outlined within the APM.

10.

Safety Review.

a.

Safety must be evaluated for the study area and a Discretionary Track application may require additional locations as required by the City Engineer. The evaluation must document and review crash data from the ODOT Crash Analysis and Reporting Section (ODOT-CARS). Crash data must provide the most recent five-year history of ODOT reported crashes and must be presented in tabular and crash diagram form. Crash data must include the following information:

i.

Crash summary (crash severity and crash types);

ii.

Crash patterns (was there an identifiable pattern to the crashes due to the design characteristics of the intersections) and crash types affecting proposed development trips; and

iii.

Whether any location within the study area is included within published safety studies, such as the ODOT Safety Priority Index System lists, ODOT Safety Action Plan, County Transportation Safety Action Plan (TSAP), or other safety studies submitted within City of Redmond.

b.

Projects are considered to have significant safety impacts if study area intersections experience a crash rate that exceed the 90 percent thresholds of similar intersections Statewide identified in ODOT's APM, or if the study area includes locations identified within published safety studies, such as the Safety Priority Impact System (SPIS).

11.

Walking, Biking and Transit.

a.

Public and Private Schools (K-12), Colleges and Universities. Provide an analysis of walking, biking and transit facilities along and across arterial and collector roadways which accommodate safe, accessible and direct access to and from the school within one mile of the school.

b.

All Other Uses. Provide an analysis of walking, biking and transit facilities, including street crossings, access corridors and access ways, which accommodate safe and convenient pedestrian and bicycle access from within new subdivisions, multi-unit developments, planned developments, shopping centers, and commercial districts to adjacent residential areas, transit facilities, and existing or planned neighborhood activity centers within one-quarter mile of the development. Neighborhood activity centers include, but are not limited to, parks, shopping areas, or employment centers.

c.

All Uses. Identify if any street within or abutting the development site is in alignment with a Quiet Street as identified in the TSP, and determine how to meet the required design elements.

d.

Projects are considered to have significant multimodal impacts if they:

i.

Fail to provide accessible and safe pedestrian and bike connections (i.e., accessible landings at corners, pedestrian refuge island where appropriate, striping and/or signage) to schools, adjacent residential areas, transit facilities, adjacent streets and to existing or planned neighborhood activity centers; or

ii.

The project disrupts existing or planned biking or walking facilities or conflicts with the adopted TSP facility maps; or

iii.

The project otherwise conflicts with the City's designated Quiet Streets as identified in the TSP.

12.

Proportionate Share Contribution. Each proposed development that submits a TIA will be required to contribute a proportionate share of the improvement costs toward identified pro-rata intersections. These locations, and the pro-rata methodology, will be established by the City of Redmond for locations that are not included within the five-year City's CIP and adopted within the annual budget or approved by City Council, ODOT STIP, System Development Charge (SDC) methodology, or other approved/committed funding plans.

Proportionate share calculations must be submitted with the TIA. The TIA must include the proposed timing of the payment(s) based on timing of the impact(s). These costs will be based on the proportion of the project trips to the projected horizon year traffic volumes as identified within the adopted TSP or other applicable plan as follows:

Proportionate Share Contribution =

Note TEV = Total Entering Vehicles
Note TSP = Transportation System Plan
Note Estimated Construction Costs = (latest TSP established project cost)
*(cumulative percent change of Construction Cost Index**)
** Using the current January as compared to the January following the latest TSP established project cost, as published in the Engineering News-Record for Construction Cost Index — Seattle region.

3.

Significant Impacts and Mitigation.

A.

Applicability. When significant impacts are identified as part of the TIA, mitigation measures must be included to address those impacts.

B.

Preparation. The applicant's engineer must consult with the City Engineer regarding proposed mitigation options. The proposed mitigation and a concept-level drawing of the final intersection form must be prepared and submitted prior to an overall development land use application being deemed complete. Mitigation measures may be proposed by the applicant or recommended by ODOT or Deschutes County in circumstances where a state or county facility will be impacted by a proposed development. Deschutes County and/or ODOT must be consulted to determine if improvements proposed for their facilities comply with their standards and are supported by the respective agencies.

C.

Intersection Operation Standards. If the TIA shows that the operation standards at the intersection are or will be exceeded, the applicant is required to provide mitigation measures in compliance with Subsection (F.) of this Section for the incremental degradation.

D.

Unique Situations.

1.

Development proposals within Master Plan Developments or where a transportation mitigation plan has been approved may exceed the operation standards at affected intersections as long as the proposed development is consistent with the approved transportation mitigation plan.

2.

Widening to accommodate additional travel lanes will not be permitted in the following situations:

a.

Clear and Objective Track and Discretionary Track. Intersections and streets within the City's Downtown Overlay District.

b.

Discretionary Track. Where no physical mitigation or right of way is available to improve intersection operations to the performance standard; or

c.

Discretionary Track. Where improvements may result in unacceptable tradeoffs to other modes of travel.

E.

Timing of Improvements.

1.

Unless a unique situation is identified in Subsection (D.) of this Section, Unique Situations, mitigation must be in place, or adequately financially secured, at the time of final platting of a land division or at the time of final occupancy, whichever occurs first. Mitigation for phased developments must be in place at the time specified in the approved decision. Construction of emergency services access requirements may be needed earlier.

2.

Development proposals within Master Plan Developments where a Transportation Mitigation Plan has been approved must refer to the Plan for the extent and timing of improvements.

F.

Mitigation Measures. Mitigation measures must consider all users and mitigate the impacts of the proposed development.

1.

The following mitigation measures may be proposed by the applicant:

a.

Clear and Objective and Discretionary Track. Construct Transportation Mitigation.

i.

Mitigation must include the construction of the full intersection infrastructure and control required to bring the intersection into compliance with this code, the City's TSP, and the Public Works Standards and Specifications.

ii.

Intersection improvements must improve corridor operations in terms of progression and reduced corridor delay, and must be shown to cause no significant adverse impact to the corridor during integrated corridor operations.

iii.

Mitigation in the form of street widening must be constructed in conformance with the street classification of the C's TSP and the cross-sections contained in this code or the Public Works Standards and Specifications. At the written request of an applicant and as part of the discretionary track development review process, the City Engineer may approve an alternate cross section if it meets operations standards. iv. Multimodal accommodations must be considered as part of any improvement.

b.

Discretionary Track. Construct Interim Transportation Mitigation.

i.

Construct Interim Mitigations. Interim mitigation measures may include but are not limited to upgraded operations controls, interconnected signals, signage, striping, pedestrian refuge, etc.

ii.

Improved signal timing and phasing may be achieved by installing the necessary communications and field equipment that would provide the increased capacity necessary to achieve the operation standards. For this to be acceptable as an interim measure, the applicant must demonstrate through a field calibrated corridor operations model that the proposed signal timing and phasing will provide the additional capacity necessary to meet the concurrency standards. Timing and phasing communications and field equipment are subject to approval of the City Engineer and/or ODOT.

iii.

Transportation Demand Management (TDM) Plan. Implement an approved TDM plan demonstrating how impacts will be mitigated and monitored over time.

iv.

Walking, Biking and Transit. In addition to accommodating walking and biking as part of the intersection and street improvement mitigation, walking, biking and transit improvements may be considered as potential mitigation measures, particularly when they reduce the number of study area generated vehicle trips or implement the City TSP's Quiet Streets. Mitigation improvements may include accessible sidewalks, pedestrian refuges, bike lanes, curb extensions, traffic control devices, curb ramps, striping, signage and other elements. Negative impacts of intersection and street mitigation measures on walking and biking infrastructure, such as on crosswalks and roadway shoulders, must be avoided, minimized, and/or mitigated themselves. The City may require accessibility improvements, including compliant curb ramps along the proposed development and including safe and accessible paths of travel to and from the proposed development, depending on the type and impacts of the proposed development.

v.

Payment in Lieu of Construction. If infrastructure construction is required above, the City may elect to accept a payment in an amount equal to the cost estimated by the City for the design, right-of-way acquisition, utility relocation and construction cost of the improvements in lieu of actual construction. The City will use these funds to improve multi-modal safety, operations and to relieve congestion. Once the City accepts a payment in lieu of construction, the proposed development may proceed even if the impact of the proposed development causes the operation standards to be exceeded.

vi.

Alternate Location Mitigation. Mitigation strategies at alternative locations or affecting alternative modes of travel may be proposed by the applicant and may be accepted by the City Engineer. At a minimum, the proposed improvements must meet the following criteria:

a.

The overall improvements proposed should be proportional to the impacts created by the application;

b.

The proposed improvement strategies must address a critical need or issue within the study area such as safety, connectivity, system capacity, and parallel routes;

c.

The locations proposed for improvement must be within the study area;

d.

The proposed improvements must not already be, or be in the process of being, a condition of approval of another development; and

e.

All applicable analysis requirements for the primary locations(s) apply to the analysis of the alternative location(s).

vii.

Suspend the Mobility Standard. The City Engineer may suspend the mobility standard for a particular intersection or series of intersections under the City's jurisdiction when the intersection(s) may be in a condition that interim mitigation is not practical due to the large scale of the improvements or the City desires to maintain the current intersection's form. In such cases, developments impacting the intersection(s) do not have to analyze or mitigate impacts on the intersection(s). The City Engineer will issue a written statement providing the duration and reason for the suspension of the mobility standard, and will maintain a list of all intersections where the mobility standard has been suspended. Suspending the mobility standard is not a limited land use decision, as defined in ORS 197.015, or a land use decision.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2022-09, 12-13-2022; Ord. No. 2023-07, 12-19-2023)

Access management standards apply to new developments, redevelopments, subdivisions, and partitions.

Location of Access Points.

1.

Access shall be taken from the lower order street or alley unless otherwise approved by Public Works and/or ODOT. Access to higher order streets may be allowed for emergency vehicles when restricted with a locked fire gate, bollards or similar, when approved or required by Redmond Fire and Rescue.

2.

Every lot or parcel shall be limited to one point of access, subject to the following exceptions:

A.

Single Family Dwellings, Accessory Dwelling Units, Plexes, Mixed-Use Developments.

1.

Lots with multiple frontages on local roadways or alleys may be permitted one access per frontage, provided the driveways meet all other required standards.

2.

Lots with accessory structures requiring vehicular access, such as a shop or detached garage, may be permitted two access points, provided the lot frontage is on a local roadway, the driveways are separated by a minimum of 10 feet, and the driveways meet all other required standards.

B.

All Other Uses.

1.

Lots may be permitted a secondary access when it is demonstrated that the additional access improves on-site circulation, does not adversely impact the operations of the transportation system, and when approved by the City Engineer or designee.

3.

Lots with more than one existing access may be required to close an existing street access upon redevelopment. This standard may be waived when access to an existing, permanent garage structure would be removed, or removal of the access would result in increasing the nonconformity of the site.

4.

In the event that the access management standards cannot be achieved on the subject property, shared access with adjacent property may be permitted. When a driveway serves more than one lot, the developer must record an access and maintenance easement/agreement to benefit each lot prior to building permit issuance. Shared access points should be centered on property boundaries when possible.

5.

In all instances, access near an intersection shall be located beyond the influence of standing queues and opposing left turns sharing a continuous two-way left turn lane. This requirement may result in greater corner clearance or access spacing than the minimum distance indicated.

Design of Access Points.

6.

The City Engineer or designee may require access locations to align with existing driveways on the opposite side of the roadway, be located as far from driveways on the same side of the street or intersections as possible, or to be right-in/right-out. Right-in/right-out may be required when the access is located within 300 feet of a signalized intersection or roundabout.

7.

Property-tight driveway aprons excluding the wings must be located a minimum of three feet from property lines, and curb-tight driveway aprons excluding the wings must be located a minimum of six feet from property lines, unless the access is approved to be shared.

8.

A minimum of 24 feet of backing distance shall be provided and shall be measured from the rear end of a perpendicular parking stall or garage door face to the opposite end of a paved alley or roadway. If the abutting alley or street is unpaved, the measurement shall be taken to the opposite end of the right-of-way. If the backing distance is demonstrated onsite, the measurement shall be taken to the nearest barrier, such as a property line, retaining wall, fence, or edge of driveway.

9.

Corner clearance shall be provided and is measured from the edge of right-of-way to the nearest edge of the access. Spacing is measured from centerline of access/intersection to centerline of access/intersection. Driveway spacing and corner clearance is required as follows:

All land use approvals shall be in compliance with the following standards.

Additional Standards.

10.

Adequate intersection sight distance and clear zone shall be maintained at all access/driveway locations per AASHTO standards (American Association of State Highway and Transportation Officials).

11.

Access within the North Redmond US 97 Interchange Area Management Plan (IAMP) shall also conform to the 2007 "North Redmond US 97 Interchange Area Management Plan (IAMP)," as amended.

12.

Public Works may require supporting information, including but not limited to traffic count data, trip generation, trip distribution, truck and trailer turning/backing templates and/or onsite circulation diagram. Transportation Impact Analysis study, etc., in order to make a proper determination of access/driveway location.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2022-09, 12-13-2022; Ord. No. 2023-07, 12-19-2023)

Any person desiring to create a street not part of a subdivision or partition shall make written application to the Community Development Department.

1.

Application. Said application shall be accompanied by the required information and appropriate filing fee. In cases where such dedication would have the effect of creating a land division, the dedication shall be treated as a new subdivision or partition as applicable.

2.

Minimum Design Standards. The minimum standards of design and improvements for the dedication of a street shall be in compliance with the City of Redmond Public Works Standards and Specifications and all other applicable street standards and regulations as specified in Section 8.2710.

3.

Procedure.

A.

Upon receipt of written application and appropriate filing fee for street dedication, the Community Development Director shall refer the proposal to the City Engineer, or designee, for review and recommendation.

B.

The City Engineer shall report his or her findings and recommendations regarding the proposed dedication to the Community Development Director.

C.

Upon receipt by the Community Development Director of written findings and recommendations from the City Engineer, the proposal shall be submitted to the City Council for a public hearing, unless part of a proposed project undergoing Planning Commission review.

D.

The only notice required for a hearing under this Section shall be by publication.

E.

Following the hearing, the Council may accept or reject the proposed dedication.

(Ord. No. 2012-11, 10-23-2012; Ord. No. 2020-15, 11-10-2020)

1.

Major Variance. Upon application, the Community Development Director, or Hearings Body, may authorize variances from the standards of this Chapter pursuant to the criteria listed below if the applicant can establish:

A.

That special conditions exist which are peculiar to the subject property, and which are not applicable to other properties in the same zone which make conformance to these standards impractical.

B.

That the variance is the minimal deviance from these standards needed to accomplish the objective.

C.

That the varied requirement(s) will conform to the purpose and objectives of the Comprehensive Plan and of these standards and will have no adverse impact on surrounding properties or on the provision of general urban services in the area.

D.

That strict interpretation of these standards would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of these standards.

E.

That the special conditions and circumstances do not result from actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience.

2.

Minor Variance. A minor variance under this Chapter shall be no greater than 25 percent of the requirements from which the variance is sought. Upon application, the Community Development Director, or Hearings Body, may authorize variances from the standards of this Chapter pursuant to the criteria listed below if the applicant can establish:

A.

More efficient use of the site.

B.

Preservation of natural features where appropriate.

C.

Adequate provision of light, air, and privacy to adjoining properties.

D.

Adequate access.

E.

That the variance will have minimal adverse impact on the livability, value or development potential of abutting properties and the surrounding area.

F.

Consistency with the overall objectives of the Comprehensive Plan.

3.

The Community Development Director, or Hearings Body, may attach such conditions to any variance granted that will ensure the variance meets the objectives of the Comprehensive Plan and of these standards and does not have an adverse impact on surrounding properties or on the provision of general urban services in the area.

(Ord. No. 2012-11, 10-23-2012)

When Covenants, Conditions and Restrictions (CCR's), or other similar documents, are required by either the provisions of this Code or through the land use review process, the City of Redmond may require the CCR's (or other documents) include a provision or provisions that allow the City to come onto the property(s) that are subject to the CCR's for the purpose of removing, repairing or maintaining improvements and other common areas in the event such improvements or common areas are not property maintained or otherwise kept in good order. The provision(s) shall state that the City has sole and exclusive discretion to determine the need for and timing of any such removal, repair, or maintenance. The provision shall authorize the City to recover the cost of such removal, repair, or maintenance by directly billing the record owner of the property(s) subject to the CCR's or the property(s) directly benefited by the removal, repair, or maintenance. In the event a bill is not paid, the City may impose a lien on the property(s), which shall be recorded and may be enforced in the manner of an assessment lien. The inclusion of a provision or provisions described in this Section does not affect the obligations of an association, group and/or other persons or property owner(s) designated in the CCR's from any responsibilities or obligations respecting such improvements or common areas, nor shall it obligate the City to such undertake such removal, repair, or maintenance.

(Ord. No. 2012-11, 10-23-2012)

CC&Rs developed on or after January 1, 2021, shall no restrict middle housing per ORS 93.277 as amended.

(Ord. No. 2022-04, 6-28-2022)