ARTICLE B. SUBDIVISION PROCESS
SECTION:
8-5B-2: Preliminary Subdivision Process
8-5B-3: Final Subdivision Process
8-5B-4: Combined Preliminary And Final Subdivision Process
8-5B-6: Term Of Subdivision Permits
8-5B-1: APPLICABILITY:
There are three (3) processes that govern the subdivision of land: preliminary subdivision, final subdivision, and combined preliminary and final subdivision. The process to be followed will depend on the property, the number of lots created and the type of land use proposed and/or allowed on the property. The three (3) processes apply to all requests for the subdivision of property with the following exceptions:
A. Parcel Created Through Court Decree: A parcel created by court decree that meets the dimensional standards of the district in effect at the date of decree, shall be deemed eligible for development. Any parcel created by court decree that does not meet the dimensional standards of the applicable districts in effect at the date of the court decree shall be recognized as a parcel for transfer of ownership; however, the parcel shall not be eligible for development including any building permits for renovation or repair of an existing structure.
B. Subdivision Amendments: Adjustment of property lines or minor adjustments to recorded subdivisions in accord with section 8-5C-1, "Land Division Amendments", of this chapter. (Ord. 898-08, 9-8-2008)
C. Minor Land Division: Minor land division in accordance with section 8-5C-6, "Minor Land Division", of this chapter. (Ord. 944-12, 5-14-2012)
8-5B-2: PRELIMINARY SUBDIVISION PROCESS:
A. Preapplication Conference: The applicant shall complete a preapplication conference with the planning official or designee prior to submittal of an application for a preliminary subdivision. The purpose of this meeting is to discuss early and informally the purpose and effect of this title and the criteria and standards contained herein.
B. Neighborhood Meeting: In accord with chapter 6, "Administration", of this title, applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application.
C. Sketch Plat: For any subdivision with four (4) or more lots, a sketch plat shall be prepared and reviewed by the commission to provide direction as to the form of the plat and the applicable requirements of this title. The sketch plat shall not be formally approved or denied and is not binding on the applicant or the city. This step is optional for any other subdivision.
D. Application Requirements: An application, map requirements, and fees, in accord with chapter 6, "Administration", of this title shall be submitted to the planning official. At the discretion of the planning official or city engineer, appropriate supplementary information may also be required to sufficiently detail the proposed development within any special development area, including, but not limited to, hillside, planned unit development, floodplain, manufactured home parks, and/or hazardous or unique areas of development.
E. Public Hearing Requirements: All preliminary subdivision applications shall comply with the public notice and hearing procedures in accord with chapter 6, "Administration", of this title.
F. Decision: In accord with chapter 6, "Administration", of this title, a decision on a preliminary subdivision for a parcel of land is made by the city council based on the recommendations of the planning and zoning commission. (Ord. 898-08, 9-8-2008)
8-5B-3: FINAL SUBDIVISION PROCESS:
A. Application Requirements: After the approval or conditional approval of the preliminary subdivision, the applicant may cause the total parcel, or any part thereof, to be surveyed and a final subdivision prepared in accord with the approved preliminary subdivision. An application and fees, in accord with chapter 6, "Administration", of this title shall be submitted to the planning official on forms provided by the planning department.
B. Contents Of Final Subdivision: The final subdivision shall include and be in compliance with all items required under Idaho Code section 50-1301 et seq. The final subdivision submittal shall include at least:
1. A written application for approval of such final subdivision as stipulated by the city;
2. Proof of current ownership of the real property included in the proposed final subdivision and consent of recorded owners of the subdivision;
3. Such other information as the planning official or city engineer may deem necessary to establish whether or not all proper parties have signed and/or approved said final subdivision;
4. A statement of conformance with the approved preliminary subdivision and meeting all requirements or conditions thereof;
5. A statement of conformance with all requirements and provisions of this title;
6. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards; and
7. A copy of the CC&Rs for recording.
C. Planning Official Review:
1. Acceptance: Upon receipt of the final subdivision, and compliance with all other requirements as provided for herein, the planning official shall certify the application as complete and shall affix the date of acceptance.
2. Substantial Compliance:
a. The planning official or designee shall review the final subdivision for substantial compliance with the approved or conditionally approved preliminary subdivision. The final subdivision shall be determined in substantial compliance with the preliminary subdivision, notwithstanding the following changes:
(1) The number of buildable lots is the same or fewer;
(2) The amount of common open space is increased;
(3) The amount of open space is relocated with no reduction in the total amount;
(4) The number of open space lots has been increased;
(5) The transportation authority has required minor changes; or
(6) The general configuration has changed by less than ten percent (10%).
b. If the number of buildable lots has increased or there has been an overall reduction in the amount of open space, the final subdivision shall be determined not to be in substantial compliance with the preliminary subdivision. If the planning official determines that there is substantial difference in the final subdivision than that which was approved as a preliminary subdivision or conditions which have not been met, the planning official may require that a new preliminary subdivision be submitted to the city.
D. Decision: Decision on the final subdivision is made by the city council in accord with chapter 6, "Administration", of this title. Each final subdivision approval shall indicate the acceptance of the infrastructure, the timing of the construction and completion for all improvements and any required amenities associated with the subdivision.
E. Recording Of The Final Subdivision: Upon approval or approval with conditions by the council and signature of the city engineer, the applicant may submit the final subdivision to the Ada County recorder for recording. The final subdivision shall contain the certifications required under Idaho Code section 50-1301 et seq., as well as those required by the city. (Ord. 898-08, 9-8-2008)
8-5B-4: COMBINED PRELIMINARY AND FINAL SUBDIVISION PROCESS:
A. Applicability: A subdivision application may be processed as both a preliminary and final subdivision if all of the following exists:
1. The proposed subdivision will not require phased approvals; (Ord. 944-12, 5-14-2012)
2. No new street dedication, excluding widening of an existing street, is required;
3. No major special development considerations are involved, such as development in a floodplain or hillside development; and
4. All required information for both a preliminary and final subdivision is complete.
B. Neighborhood Meeting: In accord with chapter 6, "Administration", of this title, applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application.
C. Application Requirements: An application, and fees, in accord with chapter 6, "Administration", of this title shall be submitted.
D. Contents Of Final Subdivision: The final subdivision shall include all items required in accord with subsection 8-5B-3B of this article.
E. Decision: In accord with chapter 6, "Administration", of this title, a decision on a combined preliminary and final subdivision for a parcel of land is made by the city council based on the recommendations of the planning and zoning commission. (Ord. 898-08, 9-8-2008)
8-5B-5: REQUIRED FINDINGS:
In consideration of a preliminary subdivision or combined preliminary and final subdivision, the decision making body shall make the following findings:
A. The subdivision is in conformance with the comprehensive plan;
B. The subdivision is in conformance with all applicable provisions of this title;
C. Public services are available or can be made available; and are adequate to accommodate the proposed development;
D. The subdivision is in conformance with scheduled public improvements in accord with the city’s capital improvement program;
E. There is public financial capability of supporting services for the proposed development;
F. The development will not be detrimental to the public health, safety or general welfare; and
G. The development preserves significant natural, scenic or historic features. (Ord. 898-08, 9-8-2008)
8-5B-6: TERM OF PERMITS:
A. Failure To Submit Final Subdivision: Approval of a preliminary subdivision and combined preliminary and final subdivision shall become null and void if a final subdivision has not been signed by the city clerk and engineer within two (2) years of the approval of the preliminary subdivision, unless otherwise granted in the initial decision document; or two (2) years of the combined preliminary and final subdivision unless an extension or phasing plan is approved by city council. (Ord. 898-08, 9-8-2008; amd. Ord. 1002-18, 1-28-2019; Ord. 1032-22, 2-13-2023)
8-5B-7: RESERVED:
(Ord. 898-08, 9-8-2008; Rep. by Ord. 1030-22, 2-13-2023)