(A) Commission approval may be given by the Director of the Division of Planning and Design Services or any authorized staff member of the division when all of the following criteria are met:
(1) The existing tract, parcel, or lot is subdivided into not more than five tracts, parcels, or lots including any remainder proposed to be retained by the owner(s);
(2) The existing tract was lawful under these regulations at the time the property description was recorded;
(3) The existing tract(s) have not been the subject of a previously approved preliminary plan for a residential subdivision;
(4) The subdivision does not include the dedication of a new public street or change in an existing public street;
(5) All resulting lots have frontage on an existing public or private street with pavement at least 18 feet wide, except that roads serving no more than five lots of five acres or more may be 12 feet wide with three foot shoulders on each side; provided, however, that the provisions of this division (E) shall not apply to roads that are designated road under the System Development Charges for Roadways Ordinance [insert LMCO citation];
(6) The subdivision can satisfy these regulations and other applicable ordinances and statutes without the construction of streets, water facilities, storm drainage facilities, or other improvements, except as necessary to directly serve the lots created and to provide a direct connection to an existing and approved system;
(7) The subdivision is in compliance with the minimum requirements of the applicable zoning regulations and other ordinances and regulations, and no substandard tracts, parcels, or lots will be created;
(8) Adequate provision will be made for access to a public roadway. If a private street is to be used, provisions for maintenance, acceptable to staff and Commission legal counsel, will be placed on applicable recorded documents;
(9) Along all road frontages, the plat dedicates additional right-of-way of a width sufficient to meet one-half of the required right-of-way width for that specific public roadway as indicated on the county thoroughfare plan or the official map and as prescribed in Chapter 6, Part 2 of the Land Development Code;
(10) (a) Private roadways (for example, access easement) and related facilities serving uses other than single-family residential meet the requirements of Chapter 6, Part 2. The Division, based upon the recommendations of other governmental agencies, may increase the requirements for private roadways beyond those specified in Chapter 6, Part 2.
(b) Minor plats involving the following conditions are also eligible for approval by staff.
(11) Amending a record plat for minor corrections/shifting of lot lines; for revisions to lot lines where all signatures of adjoining property owners are obtained; for revisions to easements where consent letters from utility companies are received; or for revisions to building limit lines where a variance has been granted for the same encroachment;
(12) Creating a flag lot for obtaining utility service;
(13) Direct access to collector level road (where no new access is created);
(14) Creation of two or more lots on collector level road which share an access easement;
(15) Administrative waiver to dedicate right-of-way;
(16) Creating a lot in the area of an approved preliminary subdivision plan/district development plan for “buy-down” or a lot created in compliance with the approved plan;
(17) Creating a lot with an existing accessory structure, prior to construction of a primary residential structure;
(18) Resulting lots have frontage on an existing public or private roadway that does not meet the minimum requirements for a public or private street as listed in division (E) above. A plat creating such lots may be approved in accordance with the provisions of § 155.353; and
(19) The plat would create new proposed private roadway(s) (for example, access easement(s)). If the proposed roadways have received necessary approvals, and related facilities meet the requirements of Chapter 6 Part 2 the plat may be approved in accordance with § 155.354. The Division, based upon the recommendations of other governmental agencies, may increase the requirements for private roadways beyond those specified in Chapter 6, Part 2.
(B) Note: County Clerk requires that a related deed or other recordable instrument to be recorded with minor plat.
(LDC § 7.8.12)