(A) Generally.
(1) The Planning Commission shall not approve a plat unless it complies with the standards of this chapter. The plat shall be approved unless it is inconsistent with any of the criteria set forth in Divisions 11, 12, 13 and 14 of this chapter. The plat shall not be approved if it does not comply with any of the criteria set forth in Divisions 11, 12, 13 and 14 of this chapter. The decision-making entity shall not approve a plat if it fails to conform to:
(a) The Comprehensive Plan and future streets, alleys, parks, playgrounds and public utility facilities;
(b) The transportation plan and major thoroughfare plan (or official map) for the extension of major thoroughfares, streets and public highways, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities;
(c) Any applicable watershed drainage plan adopted by the city; and
(d) The rules and regulations contained within Divisions 11, 12, 13 and 14 f this chapter.
(2) It is the intent of the UDC that land to be subdivided shall be of a character that can be used safely for building purposes without danger to health or peril from fire, flood or other menace; furthers environmentally sensitive area protection and sustainability; and that land shall not be subdivided until adequate public facilities and improvements exist or proper provision has been made for drainage, water, sewerage and capital improvements, such as schools, parks, recreational facilities, transportation facilities and improvements. Accordingly, the Code Enforcement Officer or Planning Commission shall not approve a subdivision plat unless all of the following findings with respect to the proposed development are made:
(a) The proposed land uses are in accord with the adopted Comprehensive Plan, specific plan, and the official zoning map, or that the means for reconciling any differences have been addressed. A preliminary plat may be processed concurrently with a rezoning request;
(b) The proposed subdivision conforms to all relevant requirements of the UDC and variances have been granted to permit any non-conformance. The plat shall:
1. Meet all requirements with respect to lot size and area of Division 3, 4, 5 and 6 of this chapter;
2. Meet all provisions of this chapter;
3. Meet all development standards of Divisions 11, 12, 13 and 14 of this chapter;
4. Meet any supplemental regulations pertaining to the proposed use or uses as set forth in Division 16 of this chapter; and
5. In no way create a violation of any applicable current ordinances, statutes or regulations.
(c) The proposed development, including its lot sizes, density, access and circulation, is compatible with the existing and/or permissible future use of adjacent property.
(d) The proposed public facilities are adequate to serve the normal and emergency demands of the proposed development, and to provide for the efficient and timely extension to serve future development as defined in Division 15 of this chapter.
(e) The proposed subdivision complies with Division 12 of this chapter; and the vehicular and pedestrian system is consistent with adopted transportation plans, including the thoroughfare plans and the collector street plan, and the street layout standards set forth in the street design and transportation standards (§§ 153.1065 through 153.1078 of this chapter).
(l) The proposed subdivision will not have detrimental impacts on the safety or viability of permitted uses on adjacent properties.
(m) The soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes.
(n) Any land located within Zone A, as shown on the currently adopted flood boundary and floodway maps of the flood insurance study, is determined to be suitable for its intended use, and the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other floodplain- related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with the UDC.
(B) Subdivision name. The proposed name of a subdivision shall not use a word that is the same as, similar to or pronounced the same as a word in the name of any other subdivision in the city, except for the words “court”, “addition”, “place”, “heights”, “hills” and similar words, unless the land platted is contiguous to and platted by the same applicant who platted the existing subdivision bearing the name, or the applicant has obtained the written consent of the party who platted the subdivision bearing that name, or the Code Enforcement Officer requires the use of the same name for purposes of clear identification.
(C) Conditions on approvals. In considering an application for a subdivision plat, the Planning Commission shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to ensure compliance with the criteria in §§ 153.0765 through 153.0775 of this chapter. The Planning Commission shall make recommendations to the City Council for final action.
(Ord. 3020, passed 9-10-2013, § 4.33.5)