Chapter 16.24
WAIVERS, MODIFICATIONS AND PLAT AMENDMENTS
Sections:
16.24.011 Application Requirements
16.24.012 Approval of Waiver or Modification
16.24.013 Appeal to Planning and Zoning Hearing Officer
16.24.014 Amendments to Recorded Plats
16.24.015 Administrative Changes to Recorded Plats
* Prior legislation: Prior code § 901.
16.24.010 Purpose
The City recognizes that there may be circumstances where it may be appropriate to approve a request by a subdivider for waiver or modification of subdivision, street, or engineering design standards due to special circumstances regarding the property to be subdivided. "Special circumstances" may include, but is not limited to, topography, size, configuration, and whether the property is located in whole or in part in a flood plain.
The purpose of this chapter is to provide a process pursuant to which a subdivider may formally request a waiver or modification during the preliminary plat review process before the plat is presented to the Planning and Zoning Hearing Officer and the City Council for approval. In addition, this chapter provides for administrative changes to correct minor errors on recorded plats with approval of the Community Development Department. (Ord. 1388 § 1, 2022; Ord. 1244 (part), 2015)
16.24.011 Application Requirements
Subdividers shall submit any requests to waive or modify a subdivision, street, or engineering design standards required by the Community Development Department with the required fee on a form supplied by the Department fifteen (15) days prior to consideration of the preliminary plat by the Planning and Zoning Hearing Officer. The subdivider shall specifically identify the requirement that is requested for waiver or modification, list possible impacts caused by granting of the waiver or modification, and identify proposed mitigation measures that address the possible impacts. (Ord. 1388 § 1, 2022; Ord. 1244 (part), 2015)
16.24.012 Approval of Waiver or Modification
The application for a waiver or modification shall be reviewed by the City Engineer prior to consideration of the preliminary plat by the Planning and Zoning Hearing Officer. The requested waiver(s) or modification(s) may be approved by the City Engineer when he finds any one (1) or more of the following or similar conditions are present:
A. Inadequate right-of-way preventing access to adjacent properties;
B. Type and extent of existing street improvements;
C. Inability to establish a street grade or alignment;
D. Extraordinary conditions of land ownership or adjacent development;
E. Physical barriers such as excessive grade of terrain, washes, ditches, canals, buildings, or other structures; or
F. Due to special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the subdivision, street, or engineering standard would deprive such property of privileges enjoyed by similarly situated or like subdivisions. (Ord. 1388 § 1, 2022; Ord. 1244 (part), 2015)
16.24.013 Appeal to Planning and Zoning Hearing Officer
The City Engineer’s decision approving or denying the request for a waiver or modification of a subdivision, street, or engineering design standard shall be in writing and shall be included in the staff report for the preliminary plat submitted to the Planning and Zoning Hearing Officer. If the City Engineer denies the application, the subdivider may request in writing that the Planning and Zoning Hearing Officer reverse or modify the decision by the City Engineer during its consideration of the preliminary plat. The Planning and Zoning Hearing Officer’s decision on the appeal, along with any approved stipulations, shall be included with its recommendation to the City Council to approve or deny the preliminary plat. (Ord. 1388 § 1, 2022; Ord. 1244 (part), 2015)
16.24.014 Amendments to Recorded Plats
A. Any material change to a recorded subdivision plat requires that the plat or portion of the plat be resubmitted to the Community Development Department for processing pursuant to Chapter 16.08. Examples of material changes include, but are not limited to, substantive changes to a legal description, adding or deleting land area from the subdivision, relocating, removing, or adding a street or right-of-way, or adding or reconfiguring the dimensions of dedicated drainage or similar feature and changes in required public improvements.
B. The Community Development Department and the subdivider shall work cooperatively to expedite processing of the proposed amendment for presentation to the Planning and Zoning Hearing Officer and City Council for consideration and action. (Ord. 1388 § 1, 2022; Ord. 1244 (part), 2015)
16.24.015 Administrative Changes to Recorded Plats
A. Nonmaterial or minor changes to a recorded plat may be accomplished without re-recording the final plat through administrative approval by the Community Development Department. Allowable changes include, but are not limited to, correcting engineering errors, name changes, typographical errors, misspellings, and similar nonmaterial matters. Administrative changes may be initiated by the subdivider or the Community Development Department.
B. The subdivider may submit a certificate of correction or change form available from the Community Development Department with the required fee. The certificate of correction or change may be considered and approved by the Community Development Director or the City Engineer.
C. An approved certificate of correction or change shall be recorded with the Navajo County Recorder with a copy of the recorded document provided to the Community Development Department. (Ord. 1244 (part), 2015)