Chapter 17.367


17.367.005    Purpose.

17.367.010    Pre-application review.

17.367.020    Review processes for subdivisions.

17.367.030    Preliminary plat application contents.

17.367.040    Approval criteria for a preliminary plat.

17.367.050    Expiration and extension of preliminary plat approval.

17.367.060    Construction prior to final plat approval – Bonds.

17.367.070    Improvement plans.

17.367.005 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; make adequate provision for 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 this title; and provide for the efficient processing of subdivision applications without undue delay. A subdivision application shall be processed when subdividing into greater than three lots. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.005].

17.367.010 Pre-application review.

(1) A subdivision is subject to pre-application review.

(2) An applicant for pre-application review of a subdivision shall submit all information required under CBDC 17.130.040 and the following information:

(a) Subdivision name.

(b) The date that the application was prepared.

(c) The approximate acreage of the site and of each proposed lot and tract.

(d) Comprehensive plan and zoning designations for the site.

(e) Existing and proposed land uses and structures on the site, and the proposed disposition of existing uses and structures.

(f) A description of land title to or easements over which the applicant proposes to dedicate to the city and the purpose for such, if applicable.

(g) A proposed preliminary subdivision plat 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 plat shall show the dimensions and areas of all proposed lots, tracts and dedications. The plat shall show the distance from proposed property lines to the nearest existing structures on the site unless those structures will be removed.

(h) Any other items or details the applicant believes would assist the staff in its review, such as proposed stormwater plans, proposed utilities and their availability, geotechnical, wetland or other critical areas on or abutting the site, and a traffic impact study. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.010].

17.367.020 Review processes for subdivisions.

(1) Technically complete review of a plat application is subject to a Type I process. See CBDC 17.130.080, Type I procedure.

(2) After a subdivision application is deemed to be technically complete, the review of the application for a preliminary plat approval is, based on size and scope, subject to either Type II criteria specified in CBDC 17.130.020(4)(b) with the procedure specified in CBDC 17.130.090 or Type III criteria specified in CBDC 17.130.020(4)(c) with the procedure specified in CBDC 17.130.100. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.020].

17.367.030 Preliminary plat application contents.

An applicant for a preliminary plat 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) 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. The application shall include all contiguous property under the same ownership or development control, and shall be signed by the owner of the property.

(2) Proof of ownership document, such as copies of deeds and/or a policy or satisfactory commitment for title insurance.

(3) A legal description of the property proposed to be divided.

(4) A copy of the pre-application conference summary, if the application was subject to pre-application review, and all information required to address issues, comments and concerns in the summary.

(5) A written description of how the proposed preliminary plat does or can comply with each applicable approval criterion for the preliminary plat, and basic facts and other substantial evidence that supports the description.

(6) Applications necessarily associated with the preliminary plat, such as applications for exceptions, adjustments or variances to dimensional requirements of the base or overlay zones or for modifications to the adopted Coos Bay road standards that are required to approve the preliminary plat application as proposed.

(7) Evidence that potable water will be provided to each lot from a public water system, and that each lot will be connected to public sewer.

(8) A plan showing proposed phasing if the applicant proposes to develop the subdivision in phases. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.030].

17.367.040 Approval criteria for a preliminary plat.

(1) The review authority shall approve a preliminary plat if he or she finds:

(a) The applicant has sustained the burden of proving that the application complies with the applicable provisions of this title and Chapter 18.15 CBMC, Transportation Facilities;

(b) 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

(c) The subdivision makes appropriate provision for potable water supplies and for disposal of sanitary wastes.

(2) If phases are proposed, the subdivision shall comply with the following:

(a) The plat identifies the boundaries of each phase and sequence of phases;

(b) Each phase includes any open space and other required public and/or private infrastructure;

(c) The sequence and timing of phases complies with applicable standards throughout the development of the subdivision; and

(d) The applicant completes or assures completion of public improvements consistent with CBDC 17.367.070, Improvement plans.

(3) Flag lots are discouraged. When allowed, flag lots shall comply with the following standards:

(a) The flag pole shall provide an all-weather surface with an unobstructed vertical clearance of at least 13 feet, six inches. The improved surface shall be at least 16 feet wide or as otherwise required by the fire chief.

(b) For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district.

(c) If the length of the flagpole is more than 150 feet, the applicant shall provide a turnaround at the end of the driveway in conformance with the current adopted edition of the Oregon Fire Code, and structures on the lot shall incorporate a fire-hazard warning, including a hard-wired, back-up smoke detector, and a sprinkler system.

(d) Flag drive grades shall not exceed a maximum grade of 10 percent unless approved by the fire chief.

(e) For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15-foot-wide driving surface to the back of the first lot, and a 12-foot-wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15-foot paved driving surface. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel.

(f) No more than two flag lots will be served by a flag drive.

(g) Where flag lots are not provided but access easements across abutting properties to public or private rights-of-way are provided, the applicable city engineering standards shall apply.

(h) The entrance of the pole shall be identified by the address of the flag lot clearly visible from the street on a four-inch by four-inch post that is three and one-half feet high. For flagpoles serving two or more dwellings, the addresses of such dwellings shall be on a two-foot-by-three-foot white sign clearly visible from the street with three-inch black numbers.

(i) When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround with the distance of the turnaround requirement not to exceed 250 feet in length as allowed by Oregon Fire Code access exemptions.

(j) Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out.

(k) There shall be no parking within 10 feet of the centerline of the drive on either side of the flag drive entrance.

(l) Flag drives serving structures greater than 24 feet in height, shall provide a fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system installed.

(m) Flag lots shall be required to provide a private yard area which is unobstructed by a structure or automobile from the ground upward, with minimal dimension of 20 feet wide by 20 feet deep. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 526 § 5 (Exh. D), 2020; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.040].

17.367.050 Expiration and extension of preliminary plat approval.

(1) Approval of a preliminary plat expires three years from the effective date of the decision approving it unless, within that time, an applicant files an application for an extension.

(2) An application for extension of a preliminary plat approval for a subdivision or for remaining phases of a subdivision is subject to a Type I process.

An applicant for an extension shall submit the requisite fee, a completed application review form provided for that purpose by the city, and text describing how the application complies with the approval criteria for an extension, and basic facts and other substantial evidence to support the text.

(3) The review authority may approve a single one-year extension of a preliminary plat approval if he or she finds that the relevant facts and the law have not changed substantially since the original approval, or that the preliminary plat can comply with the law in effect on the date the application for the extension was filed by complying with certain additional and/or modified conditions of approval, and those additional conditions and/or modifications are adopted. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.050].

17.367.060 Construction prior to final plat approval – Bonds.

(1) In lieu of the completion of any required public improvements prior to approval of a final plat, the city may accept a bond in an amount of at least 125 percent of the estimated cost of construction of the public improvements in question, as certified by a professional engineer and accepted by the director and with surety and conditions satisfactory to the engineer, or other secure method as the engineer may require, providing for and securing to the city the actual construction and installation of such improvements within a period specified by the engineer, and specified in the bond or other agreement; and to be enforced by the engineer by appropriate legal and equitable remedies.

(2) Construction shall not start prior to the public works department signing and approving both the construction plans and the final plat survey computations; except that rough grading operations may proceed before the plans are approved by the engineer under the following conditions:

(a) The grading plan is submitted separately, along with an application for the grading permit.

(b) The grading plan is in conformance with the approved preliminary plat.

(c) The grading plan, if applicable, will not be in substantial conflict with the street profiles and drainage structure plans.

(d) The grading permit, if applicable, is issued. [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.060].

17.367.070 Improvement plans.

Where improvements are required, plans for such improvements shall be submitted to the director. Improvements shall be designed by or under the direct supervision of a licensed engineer where required by statute. The engineer shall certify same by seal and signature. All improvement plans shall comply with the provisions of city ordinances pertaining to streets, roads and utilities, and any other applicable city ordinances, and in addition to the above certification shall contain the following:

(1) Subdivision name;

(2) Name, mailing address, and telephone number of the engineer preparing the plan; and

(3) Date (month and year). [Ord. 541 § 6 (Exh. 1), 2021; Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.315.070].