Chapter 17.359
PARTITIONS
Sections:
17.359.010 Review processes for partitions.
17.359.020 Preliminary partition application contents.
17.359.030 Approval criteria for a preliminary partition.
17.359.040 Expiration and extension of preliminary partition approval.
17.359.005 Purpose.
The purpose of this chapter is to implement the policies of the applicable state statutes and the city of Coos Bay comprehensive plan. The regulations contained herein are intended to: promote the effective use of land and infrastructure; address the housing needs of the city; prescribe procedures for the subdivision of land in accordance with officially adopted plans, policies and standards, including the provisions of the development code; and provide for the efficient processing of partition applications without undue delay. A partition application shall be processed when no more than three parcels are created from the original unit of land. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.005].
17.359.010 Review processes for partitions.
(1) Technically complete review of a partition application is subject to CBDC 17.130.050.
(2) A technically complete application for a preliminary partition shall be subject to a Type II process.
(3) Appeal and post-decision review of decisions regarding partitions are permitted as provided in CBDC 17.130.090(4) and (5), respectively. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.020].
17.359.020 Preliminary partition application contents.
An applicant for a preliminary partition shall submit the requisite fee, a completed application review form provided for that purpose by the city, and three paper copies and one electronic copy of the following information:
(1) Partition name (if any).
(2) Contact information including the name, mailing address, and telephone number of the owner(s), engineer, surveyor, planner, and/or attorney and the person with whom official contact should be made regarding the partition.
(3) A preliminary partition at a scale of no more than one inch equals 100 feet, with north arrow, date, graphic scale, existing and proposed lots, tracts, easements, rights-of-way and structures on the site, and existing lots, tracts, easements, rights-of-way and structures abutting the site; provided, information about off-site structures and other features may be approximate if such information is not in the public record. The partition shall show the dimensions and areas of all proposed lots, tracts and dedications. The partition shall show the distance from proposed lot lines to the nearest existing structures on the site unless those structures will be removed.
(4) Proposed dedications of title, easements or other interests to the city or other agency, if applicable.
(5) Written authorization to file the application signed by the owner of the property that is the subject of the application, if the applicant is not the same as the owner as listed by the Coos County assessor.
(6) Proof of ownership document, such as copies of deeds and/or a policy or satisfactory commitment for title insurance.
(7) A legal description of the property proposed to be divided.
(8) If a partition contains large lots which at some future time could be re-subdivided, the application shall include a master plan of all land under common ownership. At a minimum, this plan shall show the extension and opening of streets at intervals which will permit a subsequent division of each divisible parcel into lots of smaller size.
(9) A copy of the pre-application conference summary, and a description of information submitted in response to the issues, comments and concerns in the summary.
(10) A written description of how the proposed preliminary partition does or can comply with each applicable approval criterion for the preliminary partition, and basic facts and other substantial evidence that supports the description.
(11) An application for partition shall include all other applications necessary to approve the proposed partition, including but not limited to applications for exceptions, adjustments or variances to dimensional requirements of the base or overlay zones or for modifications to road standards.
(12) If applicable, preliminary grading, erosion control and drainage plans, which may be a single plan, consistent with applicable provisions.
(13) Evidence that the applicant can provide potable water to each lot from a public water system, and that each lot will be connected to public sewer. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.030].
17.359.030 Approval criteria for a preliminary partition.
The review authority shall approve a preliminary partition if he or she finds:
(1) The applicant has sustained the burden of proving that the application complies with the applicable sections of this title to the extent relevant;
(2) That the application will comply with all applicable regulations by satisfying all adopted conditions of approval; or that necessary adjustments, exceptions, modifications or variations have been approved or are required to be approved before the final partition is approved; and
(3) The application makes appropriate provision for potable water supplies and for disposal of sanitary wastes. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.040].
17.359.040 Expiration and extension of preliminary partition approval.
A decision approving a preliminary partition expires three years from the effective date of approval and can be extended as provided in CBDC 17.130.140. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.312.050].