16.08.010 Approval process for subdivisions and partitions.
A. Subdivision and Partition Approval Through Three-Step Process. Applications for subdivision or partition approval shall be processed through a three-step process.
1. Pre-Application Conference. A pre-application conference with City staff is required for all partitions and subdivisions prior to submittal of the preliminary plat application unless waived by the Planning Director. The applicant shall provide information and materials of a sufficient level of detail to clearly explain the proposed land division.
2. Preliminary Plat. The preliminary plat shall be approved before the final plat can be submitted for approval consideration.
a. Partitions. Review of a preliminary plat for a partition shall be processed by means of an Administrative action, as governed by Title 17 Administrative Actions in the Review Procedures chapter (Section 17.09.030).
b. Subdivisions. Review of a preliminary plat for a subdivision shall be processed by means of a Quasi-Judicial action, as governed by Title 17 Quasi-Judicial Actions in the Review Procedures chapter (Section 17.09.040). All preliminary plats shall be reviewed using approval criteria for preliminary plats contained in this Title. An application for subdivision may be reviewed concurrently with an application for a Planned Development or site plan under Title 17.
c. An expedited land division partition, consolidation, or subdivision as described in Oregon Revised Statute (ORS) 197.360, not a land use decision or a limited land use decision under ORS 197.015 and may be processed as a ministerial application*. *Associated land use decisions such as conditional uses, site plans, and variances cannot be concurrently reviewed as an expedited land division.
3. Review of Final Plat. The final plat shall include all conditions of approval of the preliminary plat. Review of a final plat for a subdivision or partition shall be processed by means of a Ministerial procedure under Title 17 Ministerial Actions in the Review Procedures chapter (Section 17.09.020), using the approval criteria for final plats in this title. Filing and recording of the final plat shall be in compliance with the requirements of 16.08.050.
B. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of two (2) years from the date of approval.
C. Amendments and Extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided below.
1. Minor Amendments.
a. Minor Amendment Defined. The Planning Director may determine that the proposed amendment(s) is minor if all of the following criteria are met by the proposed changes:
1. There will be no change in land use;
2. There will be no increase in the number of dwelling units;
3. There will be no change in the type and/or location of access ways, drives, or parking areas that affect off-site traffic;
4. There will be a less than five percent (5%) reduction in the area reserved for common open space and/or usable open space; and
5. There will be a less than five percent (5%) reduction to specified setback requirements, provided the minimum setback standards of the zone can still be met.
b. Minor Amendment Request. An application for approval of a minor amendment is reviewed as an Administrative action under Title 17 (Section 17.09.030). A minor amendment shall be approved, approved with conditions, or denied based on written findings that the proposed development is in compliance with all applicable requirements of Title 17 – Zoning Ordinance.
2. Major Amendments.
a. Major Amendment Defined. Any modification to a land use decision or approved development plan which is not within the description of a minor amendment as provided above, shall be considered a major amendment.
b. Major Amendment Request. An applicant may request a major amendment as follows:
1. When the Planning Director determines that the proposed amendment is a major amendment, the applicant shall submit an application for the major amendment.
2. The amendment request shall be subject to the same review procedure (Administrative or Quasi-Judicial) and approval criteria used for the initial project approval; however, the review shall be limited in scope to the amendment request. For example, a request to modify a parking lot shall require site design review only for the proposed parking lot and any changes to associated pathways, lighting and landscaping. Notice shall be provided in accordance with the applicable review procedure.
3. Extensions. The Planning Director shall, upon written request by the applicant and payment of the required fee, grant one (1) extension of the approval period not to exceed one (1) year; provided that
a. Any changes to the preliminary plat follow the procedures above;
b. The applicant has submitted written intent to file a final plat within the one-year extension period;
c. An extension of time will not prevent the lawful development of abutting properties; and
d. The extension request is made before expiration of the original approved plan.
D. Phased Development.
1. The City may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be greater than five (5) years with one 1-year extension possible, without reapplying for a preliminary plat.
2. The criteria for approving a phased land division proposal are
a. Public facilities shall be constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase dependent on the use of temporary public facilities shall require City Council approval. Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with Chapter 16.12. A temporary public facility is any facility not constructed to the applicable City standards;
c. The phased development shall not result in requiring the City or a third party (e.g., owners of lots) to construct public facilities that were required as part of the approved development proposal; and
d. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat.
E. Appeals. The administrative provisions of Chapter 17.09 of the Hood River County Municipal Code shall apply to the provisions of this chapter. (Ord. 2053 § 2, 2020)