Ordinance No. 176333 As Amended

Amend Ordinance that repealed Title 34, Subdivision and Partitioning Regulations and amended Title 33, Planning and Zoning to add new Land Division regulations and clarified additional Zoning Code regulations related to land divisions to make minor amendments to the regulations (Ordinance; amend Ordinance No. 175965)

The City of Portland Ordains:

Section 1. The Council finds:

General Findings

1.  Portland’s Comprehensive Plan and its implementing ordinances were acknowledged by the Oregon Land Conservation and Development Commission (LCDC) in May 1981.

2.  The current Land Division Code (PCC Title 34, Subdivision and Partitioning Regulations) was adopted in 1978.

3.  On September 26, 2001, Portland City Council adopted Ordinance #175965. This ordinance repealed Title 34, Subdivision and Partitioning Regulations and adopted amendments related to land divisions into Title 33, Planning and Zoning, effective March 26, 2001.

4.  Notice of proposed action related to the original ordinance was mailed to the Oregon Department of Land Conservation and Development (DLCD) on December 23, 1999 in compliance with the post-acknowledgement review process required by OAR-660-020. A copy of this notice was mailed to Metro in compliance with the requirements of the Urban Growth Management Functional Plan.

5.  At the September 26, 2001 hearing, members of the City Council requested that any issues that emerged while training staff and setting up administration systems be brought back for further discussion in advance of the effective date of the new code.

6.  Since September 26, 2001, the Office of Planning and Development Review and the Bureau of Planning have worked to test the new code, train staff and the public, develop informational brochures and forms, and set up administration systems. In the context of this work, several areas have been identified where follow-up code amendments are warranted to ensure smooth implementation of the new code.

7.  On February 1, 2002, public notice of a City Council hearing on Land Division Code Rewrite Project implementation was mailed to everyone who participated in the City Council hearings leading up to adoption of Ordinance #175965.

8.  A report entitled, Land Division Code Rewrite Project, Implementation Report, was available for public review on February 4, 2002. This report provides a status report on all implementation activities, requests that the implementation date of the new land division regulations be delayed until July 1, 2002, and includes the text of recommended amendments to the new regulations. The report is attached as Exhibit A of this ordinance.

9.  The amendments shown in Exhibit A are minor in nature and further implement the intent of the regulations adopted by Ordinance #175965. The recommended amendments do not modify the policy basis of the original ordinance. The findings of that ordinance, including all findings against relevant land use policy, are incorporated into this ordinance by reference.

Additional Findings Against Statewide Planning Goals and Portland Comprehensive Plan Goals

10.  Statewide Planning Goal 1, Citizen Involvement, requires provision of opportunities for citizens to be involved in all phases of the planning process. The preparation of these amendments has provided opportunities for public involvement. A report titled Land Division Code Rewrite Project, Implementation Report was available on February 4, 2002. A City Council hearing on the amendments presented in this report was held on February 20, 2002. Approximately [**] persons testified or wrote letters to comment on the recommendation.

11.  Statewide Planning Goal 2, Land Use Planning, requires the development of a process and policy framework which acts as a basis for all land use decisions and assures that decisions and actions are based on an understanding of the facts relevant to the decision. The amendments being recommended support this goal by clarifying the process for review of land divisions, and clarifying the new land division regulations so that they fully support the intent of Ordinance #175965.

40.  Portland Comprehensive Plan Policy 10.10, Amendments to the Zoning and Subdivision Regulations, requires zoning and subdivision regulations to be clear, concise, and applicable to the broad range of development situations faced by a growing, urban city. The amendments support this policy because they will resolve implementation issues with the new land division regulations and will clarify the new regulations so that they more easily understood and more consistently applied. The amendments will enable better implementation of the policy intent of the new regulations.

NOW, THEREFORE, the Council directs:

a.  Adopt the Implementation Report dated February 2002 (Exhibit A) as amended, including the commentary associated with the recommended amendments. The commentary is adopted as legislative intent and as further findings to support the Council's action; and

b.  Amend Exhibit A of Ordinance #175965 to incorporate all amendments to adopted code language, as shown in the Implementation Report (Exhibit A).

Passed by the Council, March 20, 2002

 GARY BLACKMER

 Auditor of the City of Portland

Mayor Vera Katz By /S/Susan Parsons

Stevie. Greathouse  Deputy

February 7, 2002

BACKING SHEET INFORMATION

AGENDA NO. 189,247,271-2002

ACTION TAKEN:

FEB 20 2002 CONTINUED TO MAR 14 2002 2 P.M. TIME CERTAIN AS AMENDED

MAR 14 2002 PASSED TO SECOND READING AS AMENDED MAR 20 2002 9:30 A.M

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176333 AS AMENDED