and detention facilities that will be placed in a separate tract.
*NOTE: In the case of a partition, where the City is requiring the dedication of right-of-way along an existing roadway, the dedicated right-of-way shall not be included in the calculation. for the purposes of calculating density and satisfying minimum lot size.
b. Subtract land needed for infrastructure from
unconstrained land to establish net acres. 3b = 1b – 3a c. Density within the land use districts may be
expressed as either a minimum lot size or as a maximum number of units per net acre.
Therefore, the potential number of dwelling units can be calculated in one of two ways depending on the structure of the base zone.
For each zoning district, calculate the appropriate number of units.
3c = (3b / 43,560) / base zone density
or
3b / base zone minimum lot size
[…]
16.63.040 Preliminary plat approval process.
A. Review of Preliminary Plat. Review of a preliminary plat that creates two or three parcels (partition) or four to nine lots (subdivision) shall be processed using a Type II procedure under Section 16.61.030. A preliminary plat that creates 10four or more lots (subdivision) shall be processed using a Type III procedure under Section 16.61.040. All preliminary plats shall be reviewed using the approval criteria described in Section 16.63.060. A preliminary subdivision application may be reviewed concurrently with an application for a master planned development under Chapter 16.65.
[…]
16.63.050 Preliminary plat submission requirements.
[…]
B. Preliminary Plat Information. In addition to the general information described in subsection A above, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information:
3. Proposed Improvements.
[…]
f. Preliminary location of development showing those future buildings can meet sitting and dimensional standards of the district;
Packet Pg. 57
Attachment: EXH A - Proposed Municipal Code Amendments (1717 : LDC-02-18 - Municipal Code Amendments - Administrative Amendments)
[…]
16.63.130 Planned unit development.
[…]
B. Objectives. The following, though not requirements, are the objectives of the PUD portion of this chapter and shall be utilized to realize the inherent advantages of coordinated, flexible, comprehensive, long-range planning of such development:
[…]
3. To encourage developers to use a more creative and flexible approach in the development of living areas within the development of living areas within the City;
[…]
16.63.140 Property line adjustments.
[…]
C. Approval Criteria. The Planning Official or designee shall approve or deny a request for a property line adjustment in writing based on all of the following criteria:
[…]
3. Lot Standards. All lots and parcels conform to the applicable lot standards of the land use district (Article 16.2) including lot area, dimensions, setbacks, and coverage, and no resulting lot is wholly comprised of a flood hazard area or jurisdictional wetland. If a lot is
nonconforming as to any development standard, it shall not be made even less conforming by the property line adjustment.
[…]
D. Recording Property Line Adjustments.
1. Recording. Upon the City’s approval of the proposed property line adjustment, the
applicant shall record the property line adjustment with Clackamas County within one year of approval (or the decision expires), and submit a copy of the recorded survey map and deeds to the City, to be filed with the approved application.
2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map and deeds to the City within fifteen (15) days of recording and prior to the issuance of any building permits on the re-configured lots.
[…]
Chapter 16.71 VARIANCES […]
16.71.030 Class A variances.
Page 13 of 13 A. Applicability. The following variances are reviewed using a Type I procedure, as governed by Chapter 16.61, using the approval criteria in subsection B below:
[…]
4. Lot Size. Up to five percent reduction of the minimum lot size required in the base zone.
54. Landscape Area. Up to five percent reduction in landscape area (overall area or interior parking lot landscape area).
65. All other land development standards or issues that may generally be addressed by a ten (10) percent benchmark. For variance requests not easily defined by a percentage benchmark, the Planning Official shall determine whether a variance request is eligible for processing as a Class A variance.
[…]
16.71.040 Class B variances.
[…]
C. Variance to Development Standards. The Planning Official or designee may grant a Class B variance of up to twenty (20) percent from any dimensional or development review standard except for lot area which shall be limited to 10five percent for a Class B variance if the applicant
demonstrates compliance with all of the following criteria:
[…]
Packet Pg. 59
Attachment: EXH A - Proposed Municipal Code Amendments (1717 : LDC-02-18 - Municipal Code Amendments - Administrative Amendments)
NOTICE OF PUBLIC HEARING
City of Happy Valley Planning Commission and City Council
Notice is hereby given that the City of Happy Valley Planning Commission and City Council will hold public hearings on the following dates regarding proposed amendments to Title 16 (Land Development Code) of the City’s Municipal Code.
Date & Time: Planning Commission, June 12, 2018 at 7:00 p.m.
City Council, July 17, 2018 at 7:00 p.m.
Hearing Location: City Hall, 16000 SE Misty Dr. Happy Valley, OR 97086 File & Subject: LDC-02-18 (Administrative Amendments)
Proposal: Administrative Amendments covering a variety of areas and issues pertaining to Tile 16 (Development Code) of the City’s Municipal Code.
Location: City Wide
Applicant: City of Happy Valley
Applicable Criteria: Applicable Statewide Planning Goals and Sections of Chapter 16.67 (Comprehensive Plan Map, Specific Area Plans, Land Use District Map and Text Amendments) of Title 16 (Development Code) of the City of Happy Valley Municipal Code.
Staff Contact: Steve Koper, AICP, Planning Manager 503-783-3800
Interested parties are invited to attend this hearing or to submit comments in writing prior to the meeting time. Written testimony may be submitted in advance or in person at the hearing. Those wishing to present verbal testimony, either pro, con, or to raise questions, will be asked to speak after presentation of the reports.
Testimony should pertain to the applicable criteria. The decision will be made in accordance with said criteria, and may be appealed to the Land Use Board of Appeals. Failure to raise an issue in writing prior to or before the close of the written comment period or failure to provide sufficient specificity at the public hearing to afford the decision-making body an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based upon that issue. The applicant and any person who submits written comments shall receive notice of the decision.
The failure of the applicant to raise constitutional or other issues relating to proposed amendments without sufficient specificity to allow the decision-making body to respond to the issue precludes an action for damages in circuit court.
The decision-making criteria, application, and records concerning this matter are available at the City of Happy Valley City Hall at the above address during working hours (8:00 a.m. to 5:00 p.m. weekdays), please call for an appointment. For additional information, contact Steve Koper, AICP, Planning Manager, at the above address and phone number.
The meeting site is accessible to handicapped individuals. Assistance with communications (visual, hearing) must be requested 72 hours in advance by contacting Kara Kerpan, City Recorder at the above phone number.
Attachment: EXH B - Published Newspaper Notice (1717 : LDC-02-18 - Municipal Code Amendments - Administrative Amendments)