No minor subdivision or combination or realignment of lots shall be recorded prior to Planning Commission approval. The procedure for such approval is as follows:
(a) Definitions. As used in this section:
(1) A minor subdivision is the subdivision of a parcel of land which abuts an existing public street, and which does not involve the opening, widening, or extension of any street, and which does not include more than five lots after the original parcel has been completely subdivided. A lot split in which one parcel is split into two parcels is considered a minor subdivision.
(2) A lot combination means the joining of two or more lots into one lot or parcel.
(3) Lot realignment means an alteration of the boundaries between or among existing lots that does not result in an increase in the number of lots.
(b) Application. An application for approval of a minor subdivision or a combination or realignment of lots shall include the following items, with the number of copies as determined by the Zoning Administrator:
(1) An application for approval of a minor subdivision or combination or realignment of lots (Form S-1) certified by the developer along with the required filing fee and review deposit;
(2) A sketch plan at a scale of one inch equals fifty feet, showing:
A. Original lot and parcel number;
B. Names, addresses, and telephone numbers of owners and subdivider;
C. Sketch of parcel(s) proposed to be subdivided showing bearings and distances and all contiguous land of same ownership and land within 100 feet therefrom, all based on available record data; and
D. Existing zoning districts, lot size and yard requirements, and proof of any variance or special exceptions which may have been granted, or deed restrictions.
(3) If this is an application for a minor subdivision, the applicant shall also include:
A. A sketch plan of the existing streets, utilities, easements, and other conditions on or within 100 feet of the proposed subdivision, such as watercourses, marshes, structures, or other significant features; and
B. A statement and sketch of how sewage disposal and water supply will be provided. (Ord. 24-97. Passed 10-14-97.)
C. Before any construction on, or clearing of, the property, a Tree Protection and Management Plan shall be submitted pursuant to Chapter 1218. In addition, if, at any time, one or more of the lots is to have a structure built upon it for other than single-family detached dwellings, then a Development Plan pursuant to Section 1232.06(a) shall be provided.
(c) Referral. Upon receipt of a complete application, the Zoning Administrator shall place it on the agenda of the next regular Planning Commission meeting that is more than ten days from the Zoning Administrator’s receipt of the application. The filing date of the application shall be the date of the meeting.
If a TP&M Plan and/or Screening Plan and Landscaping Plan have been required, they shall be referred to the City Arborist, Shade Tree Commission (for street areas and/or public property), and the ABR [see 1206.04(b)(4)] for comment and action as appropriate. (Ord. 75-2005. Passed 10-11-05.)
(d) Engineer's Report. Prior to Commission action, the Commission shall require the Engineer to certify his or her findings on Form S-1 and return it to the Secretary.
(e) Commission Action. Following a review of the application and the Engineer's report, the Commission shall, at or before the next meeting following the filing meeting, approve, conditionally approve, or disapprove the application. The Secretary shall certify the action on Form S-1 and forward it to the Zoning Administrator for return to the developer. Approval shall be granted if:
(1) The parcel to be subdivided abuts a public street and does not involve the opening, widening, or extension of any street;
(2) Not more than five lots will be included after the original parcel has been completely subdivided; or
(3) The subdivision conforms to these Subdivision Regulations, the Zoning Code, other applicable Municipal, County, and State law, and the Comprehensive Plan.
(f) Plat Submission. Following Commission approval of a minor subdivision, the developer shall submit a plat thereof to the Zoning Administrator, or the Engineer as appropriate.
(1) Plat requirements. The plat shall be prepared by a professional surveyor at a scale of one inch equals fifty feet and shall include the following:
A. Original lot and parcel number;
B. Boundary line survey and control points showing all dimensions, angles, and bearings to control points; and
C. Building setback lines accurately shown with dimensions.
(2) Plat certification. If the Zoning Administrator, or the Engineer as appropriate, finds that the plat conforms to the approved subdivision, he or she shall certify approval on Form S-1 and on the original tracing of the plat. Following recording, the developer shall furnish the Zoning Administrator with a duplicate linen or mylar tracing at no cost to the City. Planning Commission approval of a minor subdivision or a combination or realignment of lots shall become void after 120 days if the approved subdivision has not been recorded by the County Recorder. At any point in the process outlined in this section, the Zoning Administrator may, if he or she deems it necessary, request the assistance of the Engineer to accomplish the certification called for in this section.
(3) Waiver of standards. Whenever the Planning Commission, in reviewing an application for minor subdivision approval, determines that the strict enforcement of standards for curbs and gutters, sidewalks, or other improvements specified in improvement standards would be unreasonable or unfeasible, it may, by majority action, waive such requirements as it deems necessary.
A. Such actions may include requirements for improvements in a minor subdivision which are located so as to preclude timely connection with similar existing improvements. The Zoning Administrator or the Engineer shall recommend such waiver of improvements if his or her studies indicate the necessity or desirability of such waiver. Such waiver action by the Planning Commission shall be so noted on the final record plat.
B. No such action shall be taken which would impair the objectives of these Subdivision Regulations, the Zoning Code, or other applicable ordinances of the City.
(Ord. 24-97. Passed 10-14-97; Ord. 89-99. Passed 12-14-99.)