Agenda Packet 5-20-19 Work Session

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May 7, 2019 Clear & Objective Update – Draft Land Use Code Language Page 30 of 32 9.8505 Applicability of Subdivision, Tentative Plan Applications. Requests to create 4 or more lots shall be subject to the subdivision provisions of this land use code under a Type II application process. (1)A tentative plan application to subdividesion land may be submitted and reviewed concurrently with the [application that also involves a PUD request may not be submitted until a decision on the] tentative PUD application following a Type III application procedure [approval is final]. If a subdivision application that also involves a PUD request is not submitted concurrently with the tentative PUD, the subdivision application may not be submitted until a tentative PUD is approved. (Refer to EC 9.8305 Applicability.) (2)If the subdivision tentative plan application is not reviewed concurrently with the tentative PUD, Nno development permit shall be issued by the city prior to approval of the tentative subdivision tentative plan application. If the tentative subdivision is reviewed concurrently with a PUD application, no development permit shall be issued by the city prior to approval of the final PUD application. This change is related to COM-11 (PUD/Subdivision Concurrent Review). The proposed revisions would allow concurrent review of tentative subdivision applications when the proposal also involves a PUD. 9.8510 Subdivision, Tentative Plan Application Requirements. In addition to the provisions in EC 9.7010 Application Filing, the following specific requirements shall apply to tentative subdivision plan applications: * * * (5)If the proposal includes [needed housing, as defined by State statutes] housing, the written statement submitted with the subdivision application shall clearly state whether the applicant is electing to use the [general] discretionary approval criteria in EC 9.8515 Subdivision, Tentative Plan Approval Criteria- General/Discretionary instead of the approval criteria found in EC 9.8520 Subdivision, Tentative Plan Approval Criteria- [Needed] Housing/Clear and Objective. This change is related to COM-12 (Review Track Renaming) and revises code references to the currently named General and Needed Housing tracks. The General track is proposed to be called “General/Discretionary” and the Needed Housing track is proposed to be called “Housing/Clear and Objective.” It also replaces the term “needed housing” with “housing,” consistent with the state law requirement that proposals including housing, not just “needed housing,” are entitled to clear and objective approval criteria. 9.8515 Subdivision, Tentative Plan Approval Criteria – General/Discretionary. The planning director shall approve, approve with conditions, or deny a proposed subdivision. Approval, or approval with conditions shall be based on compliance with the following criteria: * * * (2)Approval does not impede the future best use of the remainder of the property under the same ownership or adversely affect the development of the remainder or any adjoining land or access thereto, based on the provisions of this land use code. For subdivisions involving phasing, it shall be demonstrated that each sequential phase will maintain consistency with the provisions of EC 9.8515 Tentative Subdivision Approval Criteria – General/Discretionary. May 20, 2019, Work Session – Item 2