NOTIFICATION PROCESS FOR FINAL LAND DIVISION DECISIONS (PLATS)

Administrative Rule Adopted by Bureau of Development Services Pursuant to Rule-Making Authority

ARB-ENB-13.24

PERMANENT RULE

TOPIC:  Notification Process for Final Land Division Decisions (Plats)

AUTHORITY:

The Bureau of Development Services (BDS) has the authority for application, implementation and enforcement of the provisions of Planning and Zoning Regulations, Title 33. Under Section 3.30.040 A, the Director of BDS has the authority to adopt written policies and procedures for the enforcement of applicable Code provisions and laws.

In 2005, during the 73rd Legislative Session, HB 2356 was passed mandating that either approval or denial of a subdivision plat or a partition plat is not considered either a land use or limited land use decision. This determination nullifies the need for additional notification before the City makes these types of decisions.

As a result, on March 8, 2006, City Council modified Title 33 by Ordinance Number 179980, to bring the City law into conformance with the State law and removed all references to approval or denial of a subdivision plat or a partition plat from the requirements of a land use decision. Ordinance Number 179980 became effective on April 22, 2006. Because BDS believes that it is important to let members of neighborhoods know which subdivisions or partitions are being approved or denied, this rule outlines a simplified notification process.

CITATION:

3.30.010 Duties of the Bureau of Development Services.

The Bureau of Development Services shall be responsible for:

B.  The application and enforcement of the provisions of Planning and Zoning Regulations, Title 33 as delegated by the Director of Planning.

Administrative Rule - FINAL PLAT PUBLIC NOTIFICATION

I.  Intent and Purpose.

The intent of this rule is to create a notification process for the City's review of a final plat.

II.  Notification.

In order to provide information to the citizens of Portland, the Director of BDS, including his or her designees (Director) shall provide notice to neighbors and others who may be interested in the review of a final subdivision plat or a partition plat land division as follows:

A.  Upon receipt of an application, the Director will mail notice of receipt of the Final Plat to all property owners:

1.  Within 150 feet of the site when within the Urban Growth boundary (UGB); and

2.  Within 500 feet when outside the UGB; and

3.  To the recognized organization(s) in which the site is located; and

4.  To all recognized organizations within 400 feet of the site.

B.  The notice shall contain the following information:

1.  The file number;

2.  The name of the applicant or owner;

3.  The legal description, tax account number or address of the site;

4.  A brief description of the Final Plat Proposal

5.  A statement providing a place and timeframe where information can be examined and a contact telephone number.

HISTORY

Adopted by Director of Bureau of Development Services July 1, 2006.

Filed for inclusion in PPD September 3, 2015.