The Dalles City Zoning Code
CHAPTER 10
9 LAND DIVISIONS
§ 10.9.010.010 Purpose of Chapter.
The purpose of the Land Divisions Chapter is to ensure that building sites are sufficient for their intended use and that lots to be created are within the density ranges permitted by the Comprehensive Plan; to provide for adequate levels of urban facilities, services, and public utilities including provisions for water, drainage, sewage, education, and parks, recreation and open spaces; to ensure economical, safe, and efficient routes for pedestrians, bicycles, and motor vehicles; to minimize negative effects of development upon the natural environment and incorporate natural features into the proposed development where possible; to create residential living environments that foster a sense of neighborhood identity and are protected from the adverse effects of heavy traffic and more intensive land uses; and, to preserve, protect, and promote the public health, safety, convenience, and general welfare.
§ 10.9.010.020 Subdivision Procedure.
A.
The division of land is the initial step towards establishing a community's ultimate development pattern. Land divisions can occur through either a subdivision or partition of land.
B.
The subdivision procedure is used when 4 or more units (generally referred to as "lots") of land are created in a calendar year, and frequently involves creation of an internal street(s) to provide access. Subdivision applications may also include requests for planned developments to permit greater flexibility in design of developments. Procedural provisions for planned developments are addressed in Article 9.050: Planned Developments.
C.
A partition procedure is used to create 3 or fewer lots in a calendar year and may or may not involve the creation of a street. Procedural provisions for partitions, in addition to procedures for minor replats and lot line adjustments, are addressed in Article 9.030: Partitions, Minor Replats, and Lot Line Adjustments.
§ 10.9.010.030 Applying for Subdivision.
Applications for partitions and subdivision are processed as administrative actions, per the provisions of Section 10.3.020.040: Administrative Actions. Administrative actions are decided by the Director without a public hearing; however, administrative actions can be elevated to quasi-judicial review (by the Planning Commission at a public hearing) at the discretion of the Director, the applicant, the Commission, or parties of record who address legitimate criteria. Quasi-judicial actions are decided by the Commission after a public hearing. Both administrative and quasi-judicial actions are appealable per the provisions of Section 10.3.020.080: Appeal Procedures.
§ 10.9.020.010 Purpose.
The purpose of this Article is to describe a set of land division standards which shall be implemented in conjunction with the subdivision and partition procedures of this Chapter, and with the provisions of Chapter 10.10 - Improvements Required with Development.
§ 10.9.020.020 General Provisions.
A.
Applicability. All land divisions shall be in conformance with the requirements of the zone district where the division is proposed, and all other applicable provisions of this Title. Modifications to these requirements may be accomplished through a planned development per the provisions of Article 9.050: Planned Developments.
B.
Annexation. Whenever any new lot is created inside the urban growth boundary but outside the City limits, the City may require annexation or the signing of a consent to annexation and a waiver of the one-year limitation on consent to annexation.
C.
Blocks.
1.
General. Length, width, and shape of blocks shall take into account need for adequate lot size, street width and circulation, recognizing limitations of the topography and conforming to the size requirements specified below.
2.
Size. No block frontage shall be less than 200 feet or more than 1,600 feet in length between corner lines unless topography or location of adjoining streets justifies an exception. Block size shall vary, depending on the adjacent street classification, with shorter blocks fronting local streets and longer blocks fronting collector and arterial streets. In addition the following shall apply:
a.
Local Streets and Minor Collectors. Block width shall be a minimum of 200 feet and a maximum of 600 feet, with a maximum proportional ratio of width-to-length of 1:3. Block length shall be a minimum of 300 feet and a maximum of 600 feet. To provide a connection to the adjoining street, a permanent pedestrian/bicycle through pathway, established by right-of-way and at least 10 feet wide, shall be provided near the middle of blocks greater than 450 feet in length/width.
b.
Central Business Commercial District. Blocks shall be 300 feet by 220 feet and platted with alleys in the pattern common to this district.
c.
Major Collector Streets. Block frontage shall be a minimum of 300 feet and a maximum of 1,200 feet. To provide a connection to the adjoining street, a permanent pedestrian/bicycle through pathway, established by right-of-way and at least 12 feet wide, shall be provided near the middle of blocks greater than 900 feet in length/width.
d.
Arterial Streets. Block frontage shall be a minimum of 600 feet and a maximum of 1,600 feet. To provide a connection to the adjoining street, a permanent pedestrian/bicycle through pathway, established by right-of-way and at least 12 feet wide, shall be provided near the middle of blocks greater than 1,200 feet in length/width.
3.
Exceptions. Block sizes may be reduced or enlarged in the same way separation distance between access points may be reduced, per all of the requirements of Section 10.6.050.050: Exceptions to Standards, substituting block size for separation distance between access points.
D.
General Lot Requirements.
1.
Size and Shape. Lot size, width, shape, and orientation shall be appropriate for location of the subdivision and for the type of use contemplated. No lot shall be dimensioned to contain part of an existing or proposed street. Lot sizes shall not be less than required by this Title for the applicable zone district. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street parking and service facilities required by the type of use proposed.
2.
Access. Each lot shall abut upon a public street, alley, or approved private access drive for a width of at least the minimum lot width specified by the development standards for the zone district where the lot is located, with the following exception: Lot access requirements for residential rear lot development created through a land partition process may be exempted from the access requirement above when all the provisions of Section 10.9.020.030: Residential Rear Lot Development below have been met.
3.
Access Points. Arterial and collector streets access points shall be either established in the final plat or included in covenants recorded as part of the final plat.
4.
Through Lots. Through lots shall be avoided except where essential to provide separation of residential development from collector or arterial streets or to overcome specific disadvantages of topography and orientation. No rights of access shall be permitted across the rear lot line of a through lot.
5.
Lot Side Lines. Side lines of lots, as far as practicable, shall be at right angles to the street the lots face.
6.
Lot Grading. Lot grading shall conform to the provisions of Article 8.050: Erosion, Slope Failure, and Cuts and Fill.
7.
Building Lines. Building setback lines may be established in a final plat or included in covenants recorded as a part of a plat.
(Ord. 23-1395)
§ 10.9.020.030 Residential Rear Lot Development.
Rear lot development shall be allowed with the intention of eventually creating, where possible, a public street or private access drive connecting two established public streets for the purpose of providing through access to the lots being developed. In addition to complying with the provisions of Section 10.9.020.020: General Provisions above, and all other requirements of this Title and other City ordinances, residential rear lot development shall comply with the following standards and procedures:
A.
Lot Access Requirements. Lot(s) created by rear lot development shall use one of the following applicable permanent access options:
1.
Where opportunities exist for future rear lot development of abutting property to the side and rear of the subject lot, a deed recorded easement at least 25 feet wide abutting one side lot line and running from the front property line to the rear property line shall be required.
2.
Where a permanent access easement on an adjacent property already exists along the side lot line or abuts the rear lot line of the subject lot, a deed recorded easement at least 25 feet wide abutting the side lot line adjacent to the existing easement and running from the front property line to the rear property line shall be required.
3.
Where, in the Director's opinion, existing topography, lack of public right-of-way, or existing development precludes an opportunity to create a through connection to a public street, rear lot development may connect to a dedicated right-of-way via an access way (narrow strip of land). At the Fire Marshall's discretion, an adequate turn around area (such as a hammer head) shall be provided for fire and life safety vehicles.
B.
Improvement Requirements. The City Engineer may require that any private access or driveway over 50 feet in length or serving 2 or more lots shall be improved as required at the same time as the adjacent public street is constructed. This provision includes all required drainage, sewage, and utility facilities.
C.
Public Improvements. Public improvements shall be placed within the easements or rights-of-way per City standards. Where the width of the easements or rights-of-way is not sufficient to accommodate all required improvements, additional easement or right-of-way shall be acquired from adjacent property.
D.
Required Connection to Right-of-Way. Public streets, private access drives and access ways must connect to a dedicated right-of-way at least 40 feet in width that has a street improved to City standards. An exception to the improvement standards for the existing dedicated right-of-way may be allowed if all of the following conditions are met:
1.
The accessway connects to a substandard street.
2.
The property owner signs an irrevocable waiver of remonstrance agreement for public street improvements and records the waiver with the property through the Wasco County Clerk's Office.
3.
The property owner demonstrates that the grade of the property will allow run-off and foundation drainage to be carried by gravity (without pumping) to a public storm drain or other drainage facility approved by the City Engineer without crossing property lines or creating erosion problems.
E.
Lot Area. The minimum lot area shall meet the minimum requirement of the applicable zone district. Land required for future right-of-way or proposed for a future public street shall not count toward the minimum lot area.
F.
Fire Protection. The Fire Marshall may require installation of a fire hydrant and/or turn-arounds where necessary for fire fighting capabilities.
G.
Existing Vegetation. Significant beneficial vegetation including trees and shrubbery shall be preserved wherever possible.
H.
Reciprocal Easements. Where a common drive or private accessway is to be provided to serve more than one lot, a reciprocal easement ensuring access rights shall be recorded with the approved partition map.
§ 10.9.030.010 Purpose.
This Article describes the requirements and review procedures for applications for partitions, minor replats, and lot line adjustments. (For a description of the difference between partitions and subdivisions see Article 9.010: Background and Purpose.
§ 10.9.030.020 Plat and Survey Requirements.
§ 10.9.030.030 Partition Applications.
A.
In addition to the requirements of Article 3.010: Application Procedures, the person filing the application must be the owner or a person having a legal interest in the land to be partitioned. If the application includes land in more than one ownership, the application must be submitted jointly by all of the owners or persons having a legal interest in the property. All applications for partitions shall also be accompanied by a tentative partition plat and any other required graphics. The tentative plat shall be sufficiently accurate to ensure proper review and shall not exceed 18 inches by 24 inches. An 11-inch by 17-inch copy of the tentative plat shall also be provided. The tentative plat shall include the following information where applicable:
1.
Names of the applicant, owner, engineer, and surveyor as appropriate.
2.
Date, scale, and north arrow.
3.
Property line boundaries of all contiguous land in the same ownership as the area encompassed in the application.
4.
Sufficient description to define location and boundaries of the area to be partitioned, replatted, or adjusted.
5.
Location of existing structures.
6.
Number and type of dwelling units proposed where known and appropriate.
7.
Location and width of all existing or proposed public or private rights-of-way, including any reserve strips and parking areas.
8.
Location of all existing and proposed streets, curbs, and sidewalks. (New streets or improvements to existing streets shall meet the requirements of Chapter 10.10 - Improvements Required with Development. Construction detail drawings are not required for application approval, but will be required prior to issuance of any required permit.)
9.
Location of all existing and proposed public and private utilities, including, but not limited to, water, sewer, storm drainage, power, gas, cable TV, and telephone. (New public utilities shall meet the requirements of Chapter 10.10 - Improvements Required with Development. Construction detail drawings are not required for application approval, but will be required prior to issuance of any required permit.)
10.
Proposed parcel layout indicating dimensions, parcel lines and lot areas of parcels.
11.
Approximate location of any potential physical and environmental constraints for review per the provisions of Chapter 10.8 - Physical and Environmental Constraints. Such constraints include, but are not limited to slopes of the land, erosion control, floodways, floodplains, natural drainage ways, and geological hazard areas.
12.
All areas proposed for dedication to the public and their proposed uses including, but not limited to, street rights-of-way, drainage ways, easements, trails and paths, parks and open spaces, and reserve strips.
13.
For nonresidential development, the location and use of adjacent driveways and structures within the appropriate distance as specified in Section 10.6.050.040: Access Standards.
14.
Identification of significant natural features, including, but not limited to, rock outcroppings, creeks, streams, ponds, riparian areas, and existing native, ornamental, and orchard trees having a trunk diameter of 14 inches or more at a point 5 feet above the natural grade.
15.
Where it is evident that the subject parcel can be further partitioned the applicant shall show, either on the tentative plat or as an attachment, that the land partition will not preclude efficient division of land in the future, per the requirements of Section 10.9.020.020(C)(8): Redevelopment Plans.
B.
The Director may waive any of the requirements where determined that the information is unnecessary to properly evaluate the proposed development. The Director may also require any additional information, if determined necessary, to evaluate the proposal.
§ 10.9.030.040 Partition Application Review.
A.
Review Procedure. Partition applications shall be processed as administrative actions, per the provisions of Section 10.3.020.040: Administrative Actions. Where the Director determines that continuous partitioning of a tract of land may occur in subsequent years, potentially resulting in the need for new road(s), utilities, or stormwater drainage facilities to be constructed and unmitigated impacts to City services and surrounding property, the application shall be referred to the Planning Commission, pursuant to Section 10.3.020.050: Quasi-Judicial Actions for a determination as to the applicability of the LUDO subdivision requirements.
B.
Review Criteria. Partition applications shall be reviewed to assure:
1.
The tentative plat meets the Wasco County recording requirements.
2.
The proposal is consistent with the purposes of this Chapter, relevant development standards of this Title, policies and density requirements of the Comprehensive Plan, public works standards and policies, and any other applicable policies and standards adopted by the City Council.
3.
Approval does not impede future development of property under the same ownership or on adjacent lands planned for urban densities, including provision of City services and access from a public street.
4.
The plans for public improvements meet the requirements contained in the provisions of Section 10.9.040.060(H): Installation of Required Improvements.
C.
Period of Approval. Approval of a partition application shall be valid for a period of 1 year from the effective approval date. Upon written request, filed with the Director prior to the expiration date, approvals may be extended annually 4 times provided the relevant provisions of this Title have not changed. If an approval is extended, any fees or charges will be assessed at the rate in existence at the time they are paid, not the rate in existence at the time of the original approval. If no final partition plat is submitted within 1 year, or within any timely extension, the partition application shall become void and a new application required.
§ 10.9.030.050 Final Partition Plat Review.
A.
Application Requirements. Applications for final partition plat approval shall meet the following requirements:
1.
The final partition plat shall conform to the approved tentative partition plat, as well as the provisions of Article 9.020: Land Division Standards and any conditions of approval.
3.
An Oregon licensed land surveyor shall survey and monument all parcels. All monuments on the exterior boundary and all parcel corner monuments of a partition shall be placed before the partition is offered for recording.
4.
The plat shall include or be accompanied by:
a.
A notarized signature of the owner declaring the ownership and consenting to recording of the plat.
b.
Legal descriptions of areas proposed for dedication including, but not limited to, street rights-of-way, drainage ways, easements, and reserve strips (legal descriptions shall meet the approval of the City Engineer).
c.
A notarized copy of any deeds dedicating land to the City signed by the grantor.
d.
A description, sealed by a registered professional engineer, of streets, driveways, utilities, and improvements proposed to be made or installed, as well as a time within which such improvements are to be completed.
e.
All easements and adjacent streets shall be placed on the plat.
f.
A designated space for approval signatures in accordance with paragraph (C)(4) of this section shall be placed on the plat.
B.
Review of Final Partition Plat Application.
1.
Within 14 days after receiving the final partition plat application, the Director shall review it for compliance with the above submittal requirements. If an application is found incomplete, the Director shall notify the applicant within 7 days and state what is needed for a complete application. The Director may waive any of the requirements when the Director determines that the information is not necessary.
2.
For a partition of nonresidentially zoned property, on which no existing residential structure is located, any required street improvements (including paving, curb, sidewalk, sanitary sewer, water and where applicable, storm sewer) shall be subject to the agreement for improvement provisions in Section 10.9.040.060(H): Installation of Required Improvements.
For a partition of a vacant parcel of property which is zoned for residential development, or a partition of a parcel upon which an existing residential structure is located, prior to the approval of the final plat, the applicant shall not be required to install required street improvements; installation of required street improvements shall occur consistent with the provisions of Section 10.10.030(A).
C.
Final Plat Approval. Prior to final approval, the City shall be assured that:
1.
For a partition of nonresidentially zoned property, on which no existing residential structure is located, the applicant has installed, or executed a deferred development agreement, or has gained approval to form an improvement district for installation of required improvements in accordance with the provisions of Chapter 10.10 - Improvements Required with Development, or the applicable provisions of Chapter 2.12 concerning reimbursement districts. Improvements that may be required include street, street lights or other signals, sanitary sewer, storm drainage, water, pedestrian way and bikeway improvements, electrical power, natural gas, cable television, telephone service, and other improvements required with the partition application.
2.
For a partition of a vacant parcel which is zoned for residential development, or a partition of a parcel of property upon which an existing residential structure is located, the applicant's responsibility for installing required public street improvements shall occur in accordance with the provisions of Section 10.10.030(A).
3.
Public assessments, liens, and fees with respect to the partition area have been paid, or a segregation of assessments and liens has been applied for and granted by the City Council.
4.
The City Engineer shall review a signed and notarized deed for any areas proposed for dedication to the City prior to the final signing of the partition plat.
5.
The partition plat shall be signed by the Director, City Engineer, Wasco County Treasurer, Wasco County Assessor, and Wasco County Surveyor.
6.
Approval does not relieve the applicant from other applicable provisions of this Title and other City ordinances, or from the provisions of the Oregon Revised Statutes.
D.
Recording of Final Plat. When all required signatures have been obtained on the final partition plat, the applicant shall record the plat and any required covenants with the Wasco County Clerk, and submit 2 copies of the recorded plat and any covenants to the Director.
E.
Effective Date. Authorization of the final partition plat shall become effective when the plat is officially recorded.
F.
Building Permits. No building permit shall be issued for any parcel until the final partition plat is recorded and the required copies are provided to the Director.
§ 10.9.030.060 Minor Replat Review.
A.
Review Procedure. Applications for minor replats shall be processed per the provisions of Section 10.9.030.030: Partition Application Review.
B.
Final Minor Replats. A final minor replat shall be prepared by a licensed surveyor and meet the applicable requirements of Section 10.9.030.050: Final Partition Plat Review.
§ 10.9.030.070 Lot Line Adjustment Procedure.
A.
Applications. In addition to the applicable requirements of Article 3.010: Application Procedures, applications for lot line adjustments shall include a survey map prepared by a licensed surveyor indicating the existing and proposed lot lines.
B.
Review Procedure. Lot line adjustment applications shall be processed as ministerial actions, per the provisions of Section 10.3.020.030: Ministerial Actions.
C.
Review Criteria. A lot line adjustment shall be approved if the following criteria are met:
1.
The lot line adjustment shall not result in the creation of an additional unit of land.
2.
The lot line adjustment shall not create a nonconforming use, structure or building.
3.
Any unit of land reduced in size by the lot line adjustment shall comply with all applicable development district regulations.
4.
Any nonconforming development on lots subject to a lot line adjustment shall not have the degree of nonconformity increased as a result of the lot line adjustment.
5.
The availability of both public and private utilities and required access shall not be adversely affected by a lot line adjustment.
D.
Conditions of Approval. Approvals shall be subject to the following minimum conditions:
1.
Deeds, based on a metes and bounds legal description, for all adjusted lots resulting from the lot line adjustment shall be recorded with the Wasco County Clerk's Office.
2.
A certified boundary survey map, if needed, that reflects the approved lot line adjustment shall be filed with Wasco County. Prior to the filing of the survey map with Wasco County, the map shall be reviewed by the City and signed by the Director and the City Engineer.
3.
Two copies of the recorded deeds and filed survey map shall be provided to the City following recordation.
§ 10.9.040.010 Purpose.
This Article describes the requirements and review procedures for subdivision applications, and applications for major replats.
§ 10.9.040.020 Plat and Survey Requirements.
§ 10.9.040.030 Subdivision Applications.
A.
Application Requirements. In addition to the requirements of Article 3.010: Application Procedures, the person filing the application must be the owner or a person having a legal interest in the land to be included in the subdivision. If the development is to include land in more than one ownership, the application must be submitted jointly by all of the owners or persons having a legal interest in each of the separately owned properties to be included. Additionally, the application shall be accompanied by the following:
1.
Four sets of full-sized blue or black line drawings of the tentative plat, with a sheet size at least 18 inches by 24 inches, sheet size of any other graphics shall not exceed 24 inches by 36 inches. Where necessary, an overall plan with additional detail sheets may be submitted.
2.
One set of the graphics shall be reduced to fit on 11-inch by 17-inch sheets of paper. Graphics and related names/numbers must be legible on this sheet size.
B.
Graphics Requirements. Subdivision applications shall include the following graphic information where applicable.
1.
An existing land use map: A map that extends between 250 to 2,000 feet beyond the site. The map includes building footprints and makes a distinction between single-family, multifamily, commercial and industrial uses, as well as other significant features such as roads, drainage ways, parks and schools. The Director shall determine the coverage of the land use map based on potential impacts of the development proposal.
2.
Tentative subdivision plat and other graphics drawn to scale and containing sheet titles, date, north arrow, and legend placed in the same location on each sheet and containing the following:
a.
Name and address of owner(s) of record, applicant, engineer, and registered land surveyor who prepared the plat.
b.
Sufficient description to define location and boundaries of the development site.
c.
Location and use of adjacent driveways and structures within the appropriate distance as specified in Section 10.6.050.040: Access Standards.
d.
Number of lots and their dimensions including frontage, depth, and area in acres.
e.
General location of existing and proposed structures including building types and heights, gross and net density per acre and proposed use restrictions. An indication of approximate building envelopes may be required where necessary to evaluate building relationships.
f.
General location and size of areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic uses.
g.
Location and width of all existing or proposed public or private rights-of-way, including any reserve strips and parking areas.
h.
Existing and proposed general circulation system including bikeways, driveways, off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way. Notations of proposed ownership (public or private) should be included where appropriate.
i.
Existing and proposed general pedestrian circulation system, including its interrelationship with the vehicular circulation system and indicating proposed treatments of points of conflict.
j.
Existing and proposed utility systems, including, but not limited to, sanitary sewer, storm sewer, drainage ways, water, cable TV, power, natural gas, telephone, and street lights as appropriate.
k.
Approximate location of any potential physical and environmental constraints for review per the provisions of Chapter 10.8 - Physical and Environmental Constraints. Such constraints include, but are not limited to, slopes of the land, erosion control, floodways, floodplains, natural drainage ways, and geological hazard areas.
l.
Identification of significant natural features, including, but not limited to, rock outcroppings, creeks, streams, ponds, riparian areas, and existing native, ornamental, and orchard trees having a trunk diameter of 14 inches or more at a point 5 feet above the natural grade.
m.
Topographic contours at intervals appropriate to the size and scale of the map, with an accuracy of plus or minus 1 foot.
n.
Drainage and Grading Plan. Where the grade of any part of the subdivision is less than 3% or exceeds 10%, or where the subdivision abuts existing developed lots, a conceptual grading and drainage plan may be required to show features adjacent to or within a reasonable distance from the subdivision that would affect the subdivision and adjacent areas. If a grading plan is required, it shall show how runoff or surface water from individual lots will be managed and the ultimate disposal of all subdivision surface waters.
o.
Approximate location and widths of proposed easements and/or dedications for drainage, sewage, or other public utilities.
3.
The Director may waive any of the above requirements when determined the information required by this Article is unnecessary to properly evaluate the proposed development. The Director may also require additional information, if determined necessary, to adequately evaluate the proposal.
C.
Narrative Requirements. A written statement accompanying the subdivision application shall include:
1.
Proposed uses and development objectives.
2.
A statement of improvements to be constructed or installed and date of their anticipated completion, including, but not limited to:
a.
Provisions for domestic water supply including source, quality, and approximate quantity.
b.
Provisions for sewage treatment and disposal, storm drainage, and flood control.
c.
Provisions for improvements and maintenance of common areas if proposed.
d.
Proposed landscaping.
e.
Proposed streets, curbs, sidewalks and street lighting.
f.
Proposed fire protection.
3.
A general description of intentions concerning timing, responsibilities, and assurances for all public and non public improvements, such as irrigation, private roads and drives, landscape, and maintenance.
4.
General data not included on the tentative plat such as:
a.
Total number and type of dwelling units.
b.
Parcel size in square feet.
c.
Proposed lot coverage of buildings and structures where known.
d.
Densities per acre.
e.
Total amount of open space (lands not designated for buildings or vehicle parking and maneuvering areas).
f.
Total amount and type of nonresidential construction.
(Ord. 23-1395; Ord. 23-1400)
§ 10.9.040.040 Subdivision Application Review.
A.
Review Procedure. Subdivision applications shall be reviewed as administrative actions, per the provisions of Section 10.3.020.040: Administrative Actions.
B.
Review Criteria. Subdivision applications shall be reviewed to assure consistency with the state statutes, this Title, and the applicable provisions of Chapter 10.5 - Zone District Regulations, Chapter 10.6 - General Regulations, Chapter 10.7 - Parking Standards, Chapter 10.8 - Physical and Environmental Constraints, Chapter 10.9 - Land Divisions, and Chapter 10.10 - Improvements Required with Development.
C.
Period of Approval and Extension. Approval of a subdivision application shall be valid for a period of 2 years from the effective approval date. If the applicant has not submitted a final subdivision plat within 2 years (with appropriate assurances for improvements, if applicable), approval shall expire. The Director may grant, at the applicant's request, a one-time extension of up to 1 year if, in the Director's opinion, conditions related to the project and surrounding area have not changed. The applicant must request an extension in writing at least 45 days prior to approval expiration.
§ 10.9.040.050 Construction Drawings and Specifications for Public Improvements.
Construction drawings and specifications for public improvements are not required prior to subdivision application approval but are required prior to final subdivision plat review. This allows a developer to seek subdivision application approval prior to investing in public improvement engineering. No public improvements shall be laid out or constructed prior to City Engineer approval of construction drawings and specifications. Construction drawings and specifications for public improvements shall include the following:
A.
Plans and Specifications. Plans and specifications for public improvements shall clearly indicate the following:
1.
Location of existing rights-of-way.
2.
Existing streets, sidewalks, curbs and utilities.
3.
Parking lot striping and pavement cross section.
4.
Perimeter curb location and details.
5.
Utility service types, sizes, locations and details (including hydrants, manholes, clean-outs, vaults, meters, etc.), including location, elevation, size, and detail of storm lines, inlets/catch basins, manholes, cleanouts, parking, drive pads, distance to drive pads on adjacent property, curb and sidewalk, retaining walls, and retaining wall drainages.
6.
Location and details of cross connection control devices.
7.
Fence and gate locations and details.
8.
Street and parking lot lighting locations and details.
9.
Site drainage and grading plan and construction details sufficient to evaluate whether runoff generated from improvements is collected on site and disposed of in a manner which eliminates sheet flow of stormwater onto sidewalks, public rights-of-way and abutting private property.
10.
Location and type(s) of existing and proposed street trees.
11.
Erosion control plan and/or traffic control plan as required by the City Engineer.
12.
Where City street, curb, sidewalk or utility extensions are required, provide complete plan, profile, and construction detail drawings and specifications, prepared and stamped by a licensed professional engineer for the proposed improvements within public easements rights-of-way.
B.
Engineering Estimates. Itemized engineering estimates for the proposed improvements sealed by a licensed professional engineer.
C.
Contractor Information. Proof of licensing, bonding and insurance is required for the contractor(s) installing public improvements.
D.
Field Adjustments. A letter signed by the developer, engineer, and contractor acknowledging that field adjustments to approved plans require the approval of the City Engineer.
§ 10.9.040.060 Final Subdivision Plat Review.
A.
Application Requirements. Applications for final subdivision plat approval shall meet the following requirements:
1.
The final plat and 2 additional copies which meet Wasco County's survey and subdivision plat standards shall be submitted to the Director.
2.
The final plat shall substantially conform to the approved tentative subdivision plat and construction drawings and specifications for public improvements, and shall conform with Article 9.020: Land Division Standards, except where modified by a planned development approval (see Article 9.050: Planned Development). The plat shall contain or be accompanied by the following information:
a.
Name of the subdivision.
b.
Date, north arrow, scale, legend, and existing features such as highways and railroads.
c.
Legal description of subdivision boundaries.
d.
Reference and bearings to adjoining recorded surveys.
e.
Exact location and width of streets and easements intersecting the boundary of the subdivision.
f.
Subdivision, block, and lot boundary lines. Numbering of lots and blocks shall be as follows:
i.
Lot numbers shall begin with the number "1" and be numbered consecutively in each block. Number sequence are to generally follow the same system as sections are numbered in a township.
ii.
Block numbers shall begin with the number "1" and be numbered consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, of sufficient size and thickness to stand out, and placed so as to not obliterate any figure. Block and lot numbers in an addition to a subdivision of the same name shall continue the numbering in the original subdivision. Block numbering sequence shall be the same system as sections are numbered in a township.
iii.
Block numbers may be omitted where blocks are of irregular shape. When block numbers are omitted, lots shall be numbered consecutively throughout the subdivision. Lots in an addition to the subdivision of the same name shall continue the numbering of the original subdivision.
g.
Street rights-of-way, center lines with dimensions to the nearest 0.01 ft, bearings or deflection angles, radii, arc, points of curvature, curve data, and tangent bearings. Subdivision boundaries, lot boundaries, and street bearings shall be shown to the nearest 30 seconds with basis for bearings.
h.
Name and width of proposed and existing width of any existing right-of-way, and width on each side of the center line. For streets on curvature, curve data shall be based on the street center line. In addition to center line dimensions, the radius and center angle shall be indicated.
i.
Easements, denoted by fine dotted lines clearly identified and, if already of record, their recorded reference. If an easement is not definitely located or recorded, there shall be a written statement of the easement. The easement's width, length, bearing, purpose and sufficient ties to locate it with respect to the subdivision shall be shown. If the easement is being dedicated by the plat, it shall be properly referenced in the owner's certificates of dedication. The City Attorney shall approve wording of all easements.
j.
Locations and widths of waterway and drainage ways, and other watercourses for review in accordance with Chapter 10.8 - Physical and Environmental Constraints.
k.
Location and widths of railroad rights-of-way and reserve strips at the end of stub streets or along the edge of partial-width streets on the subdivision boundary.
l.
Parcels to be dedicated shall be distinguished from lots intended for sale, with acreage and alphabetic symbols for each parcel.
m.
Notations indicating any limitations on rights of access to or from streets and lots or other parcels of land.
n.
The following certificates, acknowledgments, and other requirements established by state law. Such certificates may be combined where appropriate:
i.
Certificate, signed and acknowledged by the owner(s) of record of the land to be subdivided, offering for dedication of all parcels of land for public use; and offering for dedication of rights of access to and from prescribed streets, lots, and parcels of land.
ii.
Certificate of the registered or licensed surveyor who prepared the survey and final subdivision plat.
iii.
Certificate for execution by the Director or Chair of the Planning Commission as appropriate.
iv.
Certificate for execution by the City Engineer.
v.
Certificate for execution by the County Surveyor.
vi.
Certificate for execution by the Wasco County Clerk, including available space for Clerk recording information.
vii.
Certificate for execution by the Wasco County Assessor.
viii.
Certificate for execution by the Wasco County Tax Collector.
ix.
Certificate for execution by the Wasco County Court, where appropriate.
B.
Additional Materials. The following additional information shall be submitted to accompany the final subdivision plat:
1.
Three copies of all proposed covenants, conditions, and restrictions (CC&Rs), or a written statement signed by the applicant that no such restrictions will be established.
2.
Title guarantee by a title company doing business in Wasco County, showing names of persons whose consent is necessary for preparation of the final plat and for any dedication to public use, and their interests therein. This guarantee shall certify, for benefit and protection of the City, that persons therein named are all of the persons necessary to give clear title to streets and other easements therein to be offered for dedication.
3.
Statement by the Postal Service to verify location of proposed mail delivery facilities as shown on the final subdivision plat or accompanying sheet, and location to be approved by the City Engineer.
4.
A description of the entity receiving a dedication for public use (City, County, homeowners association, special district, etc.). If a homeowners association is receiving the dedication, then articles of incorporation must be included.
C.
Dedications and Public Utility Requirements.
1.
The following items shall be offered for dedication for public use at the time the final subdivision plat is filed.
a.
Parcels of land shown on the final subdivision plat as intended for public use.
b.
Streets, pedestrian ways, drainage channels, easements, and other rights-of-way shown for public use on the final subdivision plat.
c.
Rights of access to and from streets, lots, and parcels of land shown on the final subdivision plat as intended to be dedicated.
2.
Evidence of unencumbered and clear title shall be submitted prior to approval of the final subdivision plat for all land proposed to be dedicated for public use, including, but not limited to, rights-of-way, drainage ways, open space, and easements.
3.
Environmental assessments shall be conducted in accordance with Section 10.10.110(F): Environmental Assessments.
D.
Designation and Conveyance of Reserve Strips. Reserve strips one-foot wide across the ends of stubbed streets adjoining unsubdivided land or along half streets adjoining unsubdivided land may be required. These strips shall be designated on the final subdivision plat. The reserve strip shall be included in the dedication granting to the City right to control access over the reserve strip to assure continuation or completion of the street. These reserve strips shall overlay the dedicated street right-of-way.
E.
Monumentation Requirements.
1.
Monuments shall be set according to provisions of state law.
2.
In making the survey, the surveyor shall set sufficient permanent monuments prior to recording so that the survey or any part thereof may be retraced according to standards required by the County Surveyor. Setting of interior monuments may be delayed with approval of the approving authority as provided in paragraph 4 below.
3.
The minimum requirements for monumentation and accuracy for a subdivision plat or partition plat shall comply with state law.
4.
Interior "post monumentation" may be permitted by the approving authority at the time of approval of the tentative subdivision plat or upon special request prior to filing the final subdivision plat, provided that:
a.
The applicant has shown it is necessary and practical to delay interior monumentation.
b.
The applicant agrees to furnish a bond or cash deposit to the City in an amount equal to 150% of the estimated cost of performing the work for interior monuments.
c.
The applicant signs an agreement with the project surveyor, County Surveyor and City Engineer. The agreement shall state the amount of the bond or cash deposit to be furnished at the time of submitting the final subdivision plat, how the surveyor is to be paid for the work of establishing the interior monuments, and that the rules for post monumentation as provided in ORS Chapter 92 shall be followed; establishes a date when monumentation will be completed; and sets out other particulars that may be necessary to ensure complete monmentation at a later date.
F.
Review of Final Subdivision Plat Application. Within 14 days after receiving an application for final subdivision plat, the Director shall review it for compliance with the above submittal requirements If an application is found incomplete, the Director shall notify the applicant and state what is needed for a complete application.
G.
Coordination by Director. The Director shall coordinate review of the final subdivision plat as required above. Upon notification by each agency that the final subdivision plat is satisfactory, the Director shall circulate the original copy of the final subdivision plat for the following signatures as appropriate: City Council, Commission Chair, City Engineer, County Assessor, County Surveyor, County Clerk, County Tax Collector, County Treasurer, and County Court. The City Engineer may make field checks to verify that the map is sufficiently correct on the ground and may enter the property for this purpose.
H.
Installation of Required Public Improvements. Before the signature of the City Engineer is obtained, the applicant shall install required improvements, agree to install required improvements, or have gained approval to form an improvement district for installation of required public street, sanitary sewer, storm drainage, water, pedestrian way and bikeway improvements, electrical power, natural gas, cable television, telephone service, and other improvements required with the subdivision application approval. For purposes of this Chapter, required improvements mean those public improvements and private streets required to be installed as part of the approval of the development. This condition is required for acceptance and approval of the final subdivision plat. These procedures are more fully described as follows:
1.
Install Improvements. The applicant may install the required improvements for the subdivision, in accordance with the requirements of Section 10.9.040.050: Construction Drawings and Specifications for Public Improvements and Chapter 10.10 - Improvements Required with Development prior to recording the final subdivision plat.
2.
Agree to Install Improvements. The applicant may execute and file an agreement with the City specifying the maximum period within which required improvements shall be completed. The agreement shall state that if the work is not completed within the period specified, the City may complete the work and recover the full cost and expense thereof from the applicant. The agreement shall also provide a one-year guarantee to the City on all improvements. A performance guarantee, as provided in subsection I of this section, shall be required as part of the agreement. The agreement may provide for the construction of the improvements in increments and for an extension of time under specified conditions. Assurances shall be made that franchise utility service will be provided as required by subsection K of this section.
3.
Form Improvement District. The applicant may have all or part of the public improvements constructed under an improvement district procedure. Under this procedure the applicant shall enter into an agreement with the City proposing establishment of the district for improvements to be constructed, setting forth a schedule for installing improvements, and specifying the extent of the plat to be improved. The City reserves the right under the improvement district procedure to limit the extent of improvements in a subdivision during a construction year and may limit the area of the final subdivision plat to the area to be improved. A performance guarantee, as provided below in subsection I, shall be required under the improvement district procedure.
I.
Performance Guarantee. Where required by the provisions of this Title, the applicant shall provide a performance guarantee to assure full and faithful performance thereof, in one of the following forms:
1.
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.
2.
In lieu of the surety bond, the applicant may:
a.
Deposit with the City Finance Director cash money to be released only upon authorization of the City Engineer.
b.
Supply certification by a bank or other reputable lending institution that money is being held to cover the cost of required improvements to be released only upon authorization of the City Engineer.
c.
Supply certification by a bank or other reputable lending institution that a line of credit has been established to cover the cost of required improvements, to be utilized only upon authorization of the City Engineer.
d.
Provide bonds in a form approved by the City Attorney.
3.
Such assurance of full and faithful performance shall be for a sum determined by the City Engineer as sufficient to cover the cost of required improvements, including related engineering and incidental expenses.
4.
If the applicant fails to carry out provisions of the agreement and the City has expenses resulting from such failure, the City shall call on the performance guarantee for reimbursement. If the amount of the performance guarantee exceeds the expense incurred, the remainder shall be released. If the amount of the performance guarantee is less than the expense incurred, the applicant shall be liable to the City for the difference, plus the cost of collections.
J.
Public Improvements. See Section 10.9.030.050(C)(1): Final Partition Plat Review.
K.
Franchise Utility Service. Prior to approval of the final subdivision plat, the applicant shall install or provide financial assurances to the satisfaction of the Director that electrical power, natural gas, cable television, and telephone service is or will be provided for each lot unless specifically exempted during the review of the subdivision application.
L.
Removal of Existing Services. Existing public utilities or service connections not required, in the judgment of the City Engineer, for the proposed subdivision shall be removed prior to filing of the plat.
M.
Recording the Final Subdivision Plat. When all required signatures have been obtained on the final subdivision plat, the applicant shall record the subdivision plat and any required covenants with the Wasco County Clerk.
N.
Effective Date. Authorization of the final subdivision plat shall become legally effective when 2 copies of the recorded subdivision plat and any covenants, conditions and restrictions are received by the Department.
(Ord. 23-1400)
§ 10.9.040.070 Major Replats.
Applications for major replats shall be reviewed and processed per the provisions of the subdivision application, public improvement, and final subdivision plat procedures in Sections 10.9.040.020 through 10.9.040.050 of this Article.
§ 10.9.050.010 Background.
Development regulations with pre-stated requirements may frustrate innovative development proposals and the use of project and architectural designs that are in the public interest. The planned development process seeks to permit greater flexibility and creativity in land development than may be possible under the strict interpretation of the provisions of this Title.
§ 10.9.050.020 Purpose.
Planned development review procedures are established in this Article to promote flexibility in design and allow diversity and creativity in the location of structures; promote efficient use of land and energy and facilitate a more economical arrangement of buildings, circulation systems, land uses, and utilities; preserve to the greatest extent possible existing landscape features and usable open space, and incorporate these into the overall site plan; provide for more usable and suitably located recreation facilities, open space, and other public and common facilities than would otherwise be provided under conventional land development procedures; encourage mixed uses in a development project; combine and coordinate architectural styles, building forms and building relationships within the planned development; and, to provide greater compatibility with surrounding land uses than what may occur with a conventional project.
§ 10.9.050.030 General Provisions.
Planned development is an alternative development option which, where allowed in a zone district, is processed as a conditional use permit, per the provisions of Article 3.050: Conditional Use Permits. Where land in a planned development is to be partitioned or subdivided, all the related requirements of this Chapter shall apply. Planned development proposals are subject to the following provisions:
A.
Application Options. Applicants for planned developments may submit development proposals under a detailed development plan (where sufficient information has been submitted) in accordance with Section 10.9.050.060: Detailed Development Plan Review Procedures, or request the approval of a conceptual development plan in accordance with Section 10.9.050.040: Conceptual Development Plan Applications and Section 10.9.050.050: Conceptual Development Plan Review, and later apply for detailed development plan approval. However, prior to issuing any building permits a detailed development plan and construction drawings and specifications must be approved by the Commission and the City Engineer as appropriate.
B.
Zone Districts. Planned development is an option limited to the residential and commercial areas designated on the Comprehensive Plan Map.
C.
Mixed Use Projects. Projects proposing to mix residential and commercial uses are limited to a maximum of 30% of the non-district use types in the total project. Example: In a residential zone, the commercial uses in a mixed-use planned development are limited to 30% of the total project.
D.
Street Networks. Planned developments shall conform to and, where possible, enhance existing or planned vehicle, pedestrian and bicycle networks, including connections and functionality.
E.
Neighborhood Character. Planned development shall be in keeping with the character of established neighborhoods.
F.
Public Improvements. All public improvements shall require a performance guarantee per the provisions of Section 10.9.040.060(I): Performance Guarantee, and shall be designed and constructed per the provisions of Chapter 10.10 - Improvements Required with Development.
G.
Utilities. All utilities shall be placed underground.
H.
Owners/Tenants Association. Any land and structures not dedicated to the public but reserved for the common use of the owners or tenants shall be subject to control by an association of owners or tenants created to form a non-profit association subject to the laws of the State of Oregon.
I.
Impact Statement. An impact statement containing an analysis of the social, environmental, and economic impact of the proposed development on the City shall accompany each application for planned development.
J.
Open Space Requirement. A minimum of 30% of a planned development site area shall be reserved as common space as follows: minimum 25% required as permanent open space and maximum 5% for areas of semi-public or public uses, such as recreation centers and laundry facilities.
§ 10.9.050.040 Conceptual Development Plan Applications.
A.
Applications. In addition to the requirements of Article 3.010: Application Procedures, the person filing the application must be the owner or a person having a legal interest in the land to be included in the planned development. If the project is to include land in more than one ownership, the application must be submitted jointly by all of the owners or persons having a legal interest in each of the separately owned properties to be included. Additionally, the application shall be accompanied by the following:
1.
Four sets of full-sized blue or black line drawings of the tentative plat, with a sheet size not to exceed 18 inches by 24 inches, sheet size of any other graphics shall not exceed 24 inches by 36 inches. Where necessary, an overall plan with additional detail sheets may be submitted.
2.
One set of the graphics reduced to fit on 11-inch by 17-inch sheets of paper. Graphics and related names/numbers must be legible on this sheet size.
3.
One copy of the project narrative on 8.5-inch by 11-inch sheets.
B.
Graphics. A conceptual development plan application shall include all of the requirements of Article 6.180: Required Plans as part of the site plan review requirements for a conditional use, and all of the following graphic information where applicable:
1.
An existing land use map: A map that extends between 250 to 2,000 feet beyond the site. The map includes building footprints and makes a distinction between single-family, multifamily, commercial and industrial uses, as well as other significant features such as roads, drainage ways, parks and schools. The Director shall determine the coverage of the land use map based on potential impacts of the development proposal.
2.
Site plan(s) and other graphics drawn to scale and containing a sheet title, date, north arrow, and legend placed in the same location on each sheet and containing the following:
a.
The boundary of the proposed planned development and any interior boundaries related to proposed development phases or land divisions.
b.
General location of existing and proposed structures, including building types and heights, and gross and net density per acre. An indication of approximate building envelopes may be required where necessary to evaluate building relationships.
c.
General location and size of areas to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic uses.
d.
Existing and proposed general circulation system including bikeways, off street parking areas, service areas, loading areas, and major points of access to public rights-of-way. Notations of proposed ownership (public or private) should be included where appropriate.
e.
Existing and proposed general pedestrian circulation system, including its interrelationship with the vehicular circulation system and indicating proposed treatments of points of conflict.
f.
Existing and proposed utility systems, easements and/or rights-or-way, including sanitary sewer, storm sewer, drainage ways, water, cable TV, power, natural gas, telephone, and street lights as appropriate.
g.
Information sufficient to determine if existing streets and utility systems are adequate for the proposed development. Approximate location of any potential physical and environmental constraints for review per the provisions of Chapter 10.8 - Physical and Environmental Constraints. Such constraints include, but are not limited to, slopes of the land, erosion control, floodways, floodplains, natural drainage ways, and geological hazard areas.
h.
Sufficient information on land areas within at least 300 feet of the subject property to indicate their relationships with the proposed development including land uses, lot lines, circulation systems, public facilities, and unique natural features of the landscape.
i.
Identification of site significant natural features.
3.
The Director may waive any of the above requirements when determined the information required by this section is unnecessary to properly evaluate the proposed planned development. The Director may also require additional information to evaluate the proposal.
C.
Narrative Requirements. A written statement accompanying the conceptual development plan shall include:
1.
Statement of planning objectives to be achieved by the planned development. This statement should indicate a description of the character of the proposed development, rationale behind the assumptions and choices made, and a discussion indicating how the application meets the review criteria in Section 10.9.050.050(B) of this Article.
2.
A description of the types and sizes of all proposed commercial uses.
3.
Statement of intentions with regard to future selling or leasing of all or portions of the planned development.
4.
Quantitative data for the following where appropriate:
a.
Total number and type of dwelling units.
b.
Size of parcel(s) in square feet for each parcel.
c.
Proposed lot coverage of buildings and structures where known.
d.
Densities per acre.
e.
Total amount of open space (lands not designated for buildings or vehicle parking and maneuvering areas).
f.
Total amount and type of nonresidential construction.
g.
Economic feasibility studies or market analysis where necessary.
5.
General description of intentions concerning timing, responsibilities, and assurances for all public and non-public improvements.
6.
Statement describing project phasing, if proposed. Phases shall be:
a.
Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces, and similar physical features; capable of substantial occupancy, operation, and maintenance upon completion of construction and development.
b.
Arranged to avoid conflicts between higher and lower density development.
c.
Properly related to other services of the community as a whole and to those facilities and services yet to be provided.
d.
Provided with such temporary or permanent transitional features, buffers, or protective areas as may be required to prevent damage or detriment to any completed phases and to adjoining properties not in the planned development.
7.
An impact statement containing an analysis of the social, environmental and economic impact of the proposed development on the City of The Dalles.
(Ord. 23-1395; Ord. 23-1400)
§ 10.9.050.050 Conceptual Development Plan Review.
A.
Review Procedure. Planned development conceptual development plans shall be reviewed by the Commission, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions, as part of the conditional use permit.
B.
Review Criteria. Requests for approval of a conceptual development plan shall be reviewed to ensure consistency with the purposes of this Chapter, the Comprehensive Plan, the appropriate site plan review criteria, and applicable provisions of this Title and other City ordinances, policies and standards. In addition, the following compatibility factors shall be considered:
1.
Basic site design (the organization of uses on a site).
2.
Visual elements (scale, structural design and form, materials, and so forth).
3.
Availability of, and impacts on existing infrastructure and utilities.
4.
Noise attenuation.
5.
Noxious odors.
6.
Surface water run-off and methods to control run-off.
7.
Lighting.
8.
Signage.
9.
Landscaping for buffering and screening.
10.
Traffic.
11.
Effects on off-site parking.
12.
Effects on air and water quality.
C.
Period of Approval and Extension. Approval of a conceptual development plan shall be valid for a oneyear period from the effective approval date. If the applicant has not submitted a detailed development plan for the planned development, or phases thereof, before the one-year effective period expires, the approval shall expire. The Director may grant a one-time extension not to exceed 2 additional years if, in the Director's opinion, conditions related to the project and surrounding area have not changed. Extension requests must be received by the Director at least 60 days prior to approval expiration.
D.
Modification of a Conceptual Development Plan. An applicant may request review of previously approved plans for purposes of modifying such plans, stating the reasons. The Commission, upon finding that the petition is reasonable and valid, may consider redesign in whole or in part of the original conceptual development plan. In reviewing a modification request, the Commission shall follow the procedures required for a conceptual development plan submittal. Decisions on modification requests must be consistent with the review criteria in subsection B of this section.
§ 10.9.050.060 Detailed Development Plan Review.
A.
Application Requirements. Applications for detailed development plans shall meet the application and review requirements specified for conceptual development plans in Sections 10.9.050.040 and 10.9.050.050 of this Article, and include the following:
1.
Graphic Requirements. The following graphic requirements are required in addition to those specified for a conceptual development plan:
a.
Topographic contours at intervals appropriate to the size and scale of the map, with an accuracy of plus or minus 1 foot.
b.
Drainage and Grading Plan. Where the grade of any part of the subdivision is less than 3% or exceeds 10%, or where the planned development abuts existing developed lots, a grading and drainage plan may be required to show features adjacent to or within a reasonable distance from the project that would affect or be effected by the project and adjacent areas. The plan shall show how runoff or surface water from the project will be managed and ultimately disposed of. Permanent and temporary erosion control, and height and depth for all cuts and fills shall be clearly indicated.
c.
Location and floor area of existing and proposed structures and other at-grade and abovegrade improvements, easements and rights-of-way, and density per gross and net acre (for residential developments).
d.
Typical elevations of buildings and structures (which may be submitted on additional sheets) sufficient to indicate the architectural intent and character of the proposed development.
e.
Landscape plan drawn to scale showing location of existing trees and vegetation proposed to be removed from or to be retained on the site, the location and design of landscaped areas, varieties and sizes of trees and plant materials to be planted, other landscape features including walls and fences, and irrigation systems proposed to maintain plant materials.
f.
Detailed utilities plan indicating how sanitary sewer, storm sewer, drainage, water systems, and street lighting will function.
g.
Detailed plan showing street, driveway, parking area, service area, loading area, pedestrian way, and bikeway improvements and their materials and dimensions.
h.
Location and dimensions of all areas proposed to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, school sites, and similar public and semipublic areas, and a description of the entity receiving a dedication for public use (City, County, homeowners association, special district, etc.). If a homeowners association is receiving the dedication, then articles of incorporation must be included.
2.
Narrative Requirements. In addition to the narrative requirements specified in Section 10.9.050.040: Conceptual Development, the detailed development plan shall include:
a.
Proposals for setbacks or building envelopes, lot areas where land division is anticipated, and number of off-street parking spaces to be provided (in ratio to gross floor area or number of units).
b.
Detailed statement outlining timing, responsibilities, and performance guarantees for all public and non-public improvements such as irrigation, private roads and drives, landscape, and maintenance.
c.
Statement addressing compatibility of proposed development to adjacent land uses relating to such items as architectural character, building type, and height of proposed structures.
3.
Tentative Plat. If a planned development is intended to be subdivided, a tentative plat may also be submitted per the provisions of Section 10.9.040.030: Subdivision Applications to permit simultaneous review.
B.
Acceptance of Completed Applications. After applications for detailed development plans are accepted as complete, per the provisions of Section 10.3.010.040: Applications, any revisions shall be regarded as a new application, requiring additional filing fees and reprocessing as a new quasi-judicial action, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions.
C.
Review Criteria for Determining Compliance with Conceptual Development Plan. Requests for approval of a detailed development plan shall be reviewed to determine substantial compliance with the approved conceptual development plan. A detailed development plan is in substantial compliance with the conceptual development plan provided it is consistent with the review criteria in Section 10.9.050.050: Conceptual Development Plan Review, and does not involve changes to any of the following factors that constitute a major modification in the planned development:
1.
Land use.
2.
Increase in dwelling unit density.
3.
Ratio of number of different types of dwelling units.
4.
Type of commercial structures.
5.
Street and utility systems impacts, such as the type and location of accessways and parking areas where off-site traffic would be affected.
6.
Increase in the floor area proposed for nonresidential use by more than 10% from what was previously specified.
7.
Reduction of more than 10% of the area reserved for common open space and/or usable open space from what was previously specified.
8.
Increase in the total ground area proposed to be covered by structures by more than 5% from what was previously specified.
9.
Reduction of specific setback requirements by more than 25% where previously specified.
10.
Reduction of project amenities provided such as recreational facilities, screening, and/or landscaping provisions by more than 10% from what was previously specified.
11.
Any other modification to specific requirements established at the time of conceptual development plan approval.
D.
Scope of Review. Where a conceptual development plan was previously approved, the Commission shall limit its review of the detailed development plan to those aspects of the development not previously reviewed.
E.
Major Modification(s) to Detailed Development Plan.
1.
An applicant may petition for review of previously approved plans for purposes of modifying a planned development, stating reasons for the change.
2.
Where the Director determines that the proposed change is a major modification from one or more of the review criteria listed above in Section 10.9.050.060(C), the revised application shall be considered a new application, and processed as a new quasi-judicial action, per the provisions of Section 10.3.020.050: Quasi-Judicial Actions.
F.
Minor Modification(s) to Detailed Development Plan. A modification within the description of a major modification but which, in the Director's judgment, involves a change which does not alter the scope or character of the proposed project shall be considered a minor modification and may be approved, conditionally approved, or denied by the Director. Notice of the minor modification(s) shall be provided to all parties of record, and affected utilities and service providers. Notice is not required when a modification is determined by the Director to reduce the project's negative effects or to have no effect on the surrounding area. For example, a proposed reduction in density or increase in percentage of open space may be approved by the Director without mailing notice.
G.
Appeals. In addition to the requirements specified in Section 10.3.020.080: Appeal Procedures, an appeal of a detailed development plan subsequent to conceptual development plan approval shall only be heard for those items specifically addressed by the Commission for the detailed development plan.
H.
Period of Approval and Extension.
1.
Approval of a detailed development plan shall be valid for a 3-year period from the date of approval. If the applicant has not begun construction within this time frame, all approvals shall expire. The Director may grant a one-time extension not to exceed 2 additional years if, in his or her opinion, conditions related to the project and surrounding area have not changed
2.
A detailed development plan may be implemented in phases. All phasing shall occur within the time limits established in paragraph 1 above. Each phase shall require an adequate performance guarantee for public improvements per the provisions of Section 10.9.040.060(I): Performance Guarantee.
(Ord. 23-1395)
§ 10.9.050.070 Final Inspection, Acceptance, and Bond Release for Public Improvements.
The final inspection and acceptance of public improvements, and release of the performance guarantee, shall be in accordance with the provisions of Chapter 10.10 - Improvements Required with Development.
§ 10.9.050.080 Noncompliance with the Approved Detailed Development Plan.
A.
If the Director determines that the development substantially differs from the approved plans, the Director shall notify the developer. If the noncompliance is not corrected, enforcement action may be taken per the provisions of Chapter 10.15 - Enforcement, and building permits for further construction may be withheld or revoked.
B.
Public improvements that differ substantially from the approved construction drawings and specifications may not be accepted by the Public Works Director.
§ 10.9.050.090 Planned Development Nullification.
A.
Application to Nullify. Property owner(s) or their authorized agents may apply to nullify an approved planned development by filing an application form provided by the Director. The Planning Commission shall review the nullification application at a public hearing. Hearing notice and notice of decision shall be made per the provisions of Section 10.3.020.050: Quasi-Judicial Actions.
B.
Burden of Proof. The burden of proof is placed on the applicant to justify nullification of the planned development designation, giving substantial evidence that:
1.
Developing the property under conventional district standards and regulations will not create nonconforming development.
2.
Special circumstances such as building relationships, drainage ways, public improvements, topography, and so forth that were to be responded to specifically through the planned development process can be dealt with as effectively with conventional standards.
3.
Conditions attached to the approved planned development by the Commission can be met or are no longer necessary.
4.
No prior commitments involving the property were made that would adversely affect the subject property, other related properties, or the City, as in the case of density transfer, public improvements and activities, building relationships, recreational facilities, open space, or phasing of development.