Approval of a partition is required for a land division of three or fewer parcels in a calendar year. Partitions, which do not require creation or extension of a street for access is, classified as a Type I minor partition. Partitions, which require creation or extension of a street for access is classified as a Type II, major partition.
(A) Application requirements. Partition applications shall be made on forms provided by the planning department and shall be accompanied by:
(1) Eight copies of the tentative plan for the minor or major partition;
(2) The required fee;
(3) Any data or narrative necessary to explain the application;
(4) List of affected property owners.
(B) Tentative partition plan. The tentative plan shall be a minimum of eight and one-half by 11 inches in size and shall include the following information:
(1) The date, north point, engineering scale, and legal description;
(2) Name and address of the owner of record and of the person who prepared the partition plan;
(3) Zoning, size and dimensions of the tract to be partitioned;
(4) Size, dimensions and identification of proposed parcels (parcel 1, parcel 2, parcel 3);
(5) Approximate location of any structures on the tract to be partitioned, including setbacks to proposed parcel boundaries;
(6) Location, names and widths of streets, sidewalks and bikeways within the tract to be partitioned and extending 400 feet beyond the tract boundaries;
(7) Location, width and purpose of existing and proposed easements on the tract to be partitioned;
(8) Location and size of sewer, water and drainage facilities proposed to serve the tract to be partitioned;
(9) Natural features such as waterways, drainage area, significant vegetation or rock outcroppings;
(10) Approximate topography, particularly noting any area of steep slope;
(11) A plan for future parcel redivision, if the proposed parcels are large enough to be redivided under the comprehensive plan or zoning designation.
(C) Approval criteria. The City or Planning Commission shall review the tentative plan for a minor or major partition based on the classification procedure (Type I, II or III) and the following approval criteria:
(1) The proposed partition is consistent with the density, setback and dimensional standards of the base zoning district;
(2) The proposed partition is consistent with the design standards set forth in this chapter;
(3) Adequate public facilities are available or can be provided to serve the proposed partition;
(4) All proposed improvements meet city standards;
(5) The plan preserves the potential for future redivision of the parcels, if applicable;
(6) No parcel shall be landlocked as a result of the partition.
(D) Conditions. The city or Planning Commission may require dedication of land and easements and may specify such conditions or modifications of the tentative partition plan as deemed necessary. In no event, however, shall the city or Planning Commission require greater dedications or conditions than could be required if the entire tract were subdivided.
(E) Approval of tentative partition plan. When a tentative partition plan has been approved, all copies shall be marked with the date and conditions of approval. One copy shall be returned to the applicant, one copy shall be sent to the county and one copy shall be retained by the city.
(F) Approval signatures for final partition map. Following review and approval of a final partition map, the city shall:
(1) Review plat for accuracy. The city may require field investigations to verify that the plat survey is accurate. The applicant shall be notified and afforded an opportunity to make corrections if needed.
(2) Signature. Sign the plat to certify that the map is approved.
(3) Notification of approval. Notify the applicant that the partition map and accompanying documents have been approved and are ready for recording with the Jackson County Recorder.
(4) Delivery. Deliver the signed original to the applicant who shall deliver the original and two exact copies to the County Recorder's office. One recorded copy shall be returned to the city immediately after recording is completed.
(G) Effective date for final partition map approval. The partition shall become final upon recording of the approved partition map together with any required documents with the County Recorder. Work specifically authorized following tentative approval may take place prior to processing of the final partition map. The documents effectuating a partition shall become null and void if not recorded with the County Recorder within one year following approval.
(H) Improvements. The same improvements shall be installed to serve each parcel of a partition as required of a subdivision. Improvement standards are set forth in Section 17.90. If the city finds a need to vary the improvement standards for a partition, the application shall be processed through a Type III hearing and may except specific improvements.
(I) Exceptions to improvements. Exceptions to improvements may be approved in transition areas or other areas as deemed appropriate by the city. In lieu of excepting an improvement, the Planning Commission may recommend to the City Council that the improvement be installed in the area under special assessment financing or other facility extension policies of the city.
(Ord. 224, passed 12-2-2004)