Council tweaking real estate ordinance

Sean C. Morgan

Of The New Era

The Sweet Home City Council is considering revisions of the city ordinance governing subdivisions, partitions and lot line adjustments in response to issues stemming from the city’s growth.

The ordinance has been reorganized and amended to reflect current issues that must be addressed as the city continues to grow, Community Development Director Carol Lewis said. “Many changes have been made to reflect the process the city has been actually using for years to implement the codes.”

The revisions include language changes intended to clarify what is meant, she said, and many areas have been moved into other sections to better reflect what they address.

The revisions also reflect parts of the city’s transportation system plan, which was completed in 2005, she said.

The Planning Commission and planning staff have been reviewing and altering the ordinance since 2006. It appeared before the council with a recommendation for approval.

The council heard the first and second readings of those ordinance revisions at its regular meeting on Aug. 12.

A big part of the changes are organizational, Lewis said. For example, design standards appear in a single area of the ordinance, ensuring that all information a person may need is easily found at the beginning of the process rather than saying, “Oh, now that you’re done, by the way….”

Other changes reflect what the city’s practices are already, she said. For example, lot line adjustments cannot infringe on setback requirements.

The changes include “a lot of things like that,” she said. It’s the difference between “how we implement it now versus how we implemented it back in the ’70s.”

Among the more significant changes, the ordinance will allow staff to require a traffic impact analysis before determining that an application is complete, Lewis said. The Planning Commission has had the ability to require a traffic impact analysis once a land division action was underway.

But that can sometimes slow the planning process down, she said. Under the ordinance, staff can require it ahead of time when a project going to the commission will need the analysis.

The ordinance makes a requirement of half-street improvements around the perimeter of a new subdivision, Lewis said.

This is something the Planning Commission has required as conditions of approval for recent subdivisions.

The need for this requirement became apparent only in recent years as the commission has reviewed numerous subdivision requests, Lewis said. Up until the last couple of years, the commission handled around one subdivision a year.

Developers have been allowed to develop in three phases over 36 months, Lewis said. It now allows developers four phases over 60 months to complete their subdivisions.

The new ordinance also will allow developers to have their lots platted as they build rather than waiting for the completion of the subdivision infrastructure as long as they can assure the city, through bonding or insurance, that they have enough cash to finish the infrastructure, Lewis said. This allows developers to sell lots as they go to finance the subdivisions.

Another new provision allows developers to hold off a year on constructing sidewalks to allow their construction equipment easier access to the lots while actually building new homes.

The current ordinance essentially allows the commission to hold up a subdivision if the city, school district or other public agency needs some of the land in question for up to two years.

The Planning Commission revised this after considerable debate, Lewis said. The commission was largely concerned with making sure that school capacities were considered with these applications.

The new ordinance will require applicants to make sure the district has adequate capacity to handle the growth of a subdivision or partition. An application can be denied based on lack of capacity.

“We’re going to be working with (the School District) to ensure their needs are met in the planning process,” Lewis said.

The commission also wrestled with a requirement for dedication of parks space in new developments, Lewis said. Many cities require the dedication of a certain amount of land based on the size of a subdivision, and they also incorporate systems development charges and funds for the parks.

“Honestly, nobody knows whether we want a whole bunch of big parks anyway because of staffing levels,” Lewis said, and in some cases, like a four-lot subdivision, it might be a 200-square foot park. With that dilemma, the Planning Commission left such a requirement out of the ordinance.

Many changes are technical, specific measurements for designing streets and infrastructure, Lewis said. Those details are largely handled by city staff.

The ordinance must be read at one more City Council meeting, Aug. 26, before the council can adopt the ordinance. With an expediency clause, it goes into effect immediately upon approval.

Present at the meeting were Mayor Craig Fentiman and councilors Greg Mahler, Scott McKee Jr. and Rich Rowley.

In other business, the council:

– Appointed Howard Blue to a four-year term on the Parks Board.

– Chose to submit no recommendation to the Oregon Liquor Control Commission on a liquor license for Double Chen Restaurant, formerly Ming Fa’s. Rowley, McKee and Mahler voted to make no recommendation. Fentiman voted no on the motion.

– Held the third reading and approved an ordinance changing certain street names and addresses.

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