A. Purpose: The purpose of the minor development review provision is to provide a simplified and appropriate procedure for reviewing all residential development proposals in the RR, HS, and MR zone districts that are consistent with the density allowances permitted in the zone districts, up to a maximum of ten (10) lots, unless exempted by an unexpired vested development permit or an adopted consent or development agreement. Minor development review shall also be used in proposals where a request is being made to increase density according to section 10-2-11, "Incentive Density", of this title; up to a maximum of ten (10) lots. This process is intended to be largely an administrative review.
B. Exemption: One new parcel, a minimum of one acre in size and located at least one thousand feet (1,000') away from another parcel created under this exemption, may be split from one hundred (100) contiguous acres of agricultural land, including such parcels that may be bisected by a public or private roadway, without complying with the subdivision plat requirements.
The one hundred (100) acre parcel is not required to be a lot of record, according to the definition provided in chapter 11 of this title, in order to qualify for this exemption. However, if the one hundred (100) acre parcel is a lot of record, it shall retain its lot of record status after the creation of the new parcel.
Prior to the issuance of a building permit for such a parcel, the following shall be provided, in addition to any requirements of the Summit County building department:
1. A site plan showing the location of the proposed building(s) in relation to parcel boundaries prepared by a surveyor licensed in Utah, to ensure that the building(s) meets the setback requirements identified in this title.
2. Evidence of legal access to the property that complies with the requirements in this title.
3. A memorandum of decision from the state engineer's office that ensures adequate water is available for a private well or a written commitment from a municipality or private water service company.
4. Evidence that an adequate wastewater system has been approved by the Summit County health department. (Ord. 726, 9-30-2009)
C. Criteria For Approval: In order to approve an application for minor development, the CDD or designated planning staff member shall first find that the application:
1. Complies with the "base zoned density" or "incentive density" according to section 10-2-11 of this title, established for the property described in the application;
2. Is generally consistent with the spirit of the general plan;
3. Conforms to all pertinent provisions of this title;
4. Complies with all appropriate concurrency and infrastructure provisions of chapter 4 of this title; and
5. Is not detrimental to the health, safety and general welfare of residents of the Snyderville Basin. (Ord. 818, 2-26-2014)
D. Submission Requirements: An application for minor development shall not be accepted as complete unless such application contains the information set forth in sections 10-3-12 and 10-3-14 of this chapter and all applicable fees have been paid; provided, however, that the CDD or designated planning staff member may request, and the applicant shall submit, such additional information as may be needed to ascertain whether such application conforms to the requirements of this title.
1. Sketch Plan: Prior to submitting an application for a minor development review, an applicant shall first submit a sketch plan and pay the fee for the review thereof. Refer to section 10-3-12 of this chapter for detailed submission requirements. The sketch plan shall contain enough information, in graphic and text form, to adequately describe the applicant's intentions with regard to site layout and compliance with the general plan, this title, and any applicable development permit, consent agreement or development agreement. A sketch plan is not a completed application for purposes of vesting under Utah law.
E. Review Procedure:
1. Sketch Plan:
a. The CDD or designated planning staff member shall review the sketch plan application and make preliminary findings as to whether the application complies with the development approval criteria established in section 10-2-11 of this title, this title, and all applicable provisions of the general plan. The sketch plan shall not constitute an application for development approval.
2. Final Plat/Site Plan:
a. The CDD or designated planning staff member shall secure input regarding the proposed development from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report identifying issues and concerns related to the proposal.
b. After completion of the report identifying issues and concerns related to the project for the commission, the CDD or designated planning staff member shall schedule a public hearing before the commission as soon as practicable.
c. After hearing public comment, reviewing the project, comments from service providers, and the recommendation from the CDD or designated planning staff member, the commission shall approve, approve with conditions, or deny the application.
d. Once the commission approves the application, all applicable signatures shall be obtained on the final plat or final site plan. The detailed final plat or detailed final site plan and preliminary title report shall be reviewed by the county attorney for acceptability.
e. Upon approval of the county attorney, and once all required signatures are obtained, the detailed final plat or detailed final site plan shall be recorded in the records of the county recorder. (Ord. 708, 12-10-2008; amd. Ord. 723, 7-22-2009; Ord. 726, 9-30-2009)