Chapter 17.16 TENTATIVE PLANS

Chapter 17.16
TENTATIVE PLANS

Sections:

17.16.010 Application submission.

17.16.020 Required findings for approval.

17.16.030 Outline development plan.

17.16.040 Tentative plan required.

17.16.050 Scale of tentative plan.

17.16.060 Informational requirements.

17.16.070 Master development plan.

17.16.080 Supplemental information required.

17.16.090 Approval of tentative subdivision plan.

17.16.100 Specific approval requirements.

17.16.110 Resubmission of denied tentative plans.

17.16.010 Application submission.

Any person proposing a subdivision, or their authorized agent or representative, shall include with an application for a subdivision either an outline development plan as described in CCC 17.16.030 or a tentative plan as set forth in CCC 17.16.040 through 17.16.080 for the proposed subdivision together with improvement plans and other supplementary material as may be required, and shall submit 15 copies of said plan together with all required accompanying material to the planning department at least 30 days prior to the planning commission meeting at which submittal of the plan is desired. The county shall take final action within 120 calendar days for land located within an urban growth boundary or 150 calendar days for all others as required by state law upon receipt of a complete application. An outline development plan or a tentative plan for a subdivision shall be accompanied by an application for a subdivision as provided by the planning department, together with the appropriate filing fee. The date of filing shall be the date when the outline development plan or tentative plan is submitted in completed form, together with the appropriate filing fee, required supplemental material and subdivision application form, are actually received by the planning department. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 3.010, 2003)

17.16.020 Required findings for approval.

The commission shall not approve an outline development plan or a tentative plan for a proposed subdivision unless the commission finds, in addition to other requirements and standards set forth in this title, that the subdivision as proposed or modified will satisfy the intent of this title relating to subdivision development, the intent and requirements of the applicable zoning regulations, will be in compliance with the comprehensive plan, and the standards set forth in this chapter; such findings shall include the following:

(1) The subdivision is an effective, efficient and unified treatment of the development possibilities on the project site while remaining consistent with the comprehensive plan relative to orderly development and land use patterns in the area, and provides for the preservation of natural features and resources such as streams, lakes, natural vegetation, special terrain features, agricultural and forestlands, and other natural resources.

(2) The subdivision will be compatible with the area surrounding the project site, and will not create an excessive demand on public facilities and services required to serve the development.

(3) Proof that financing is available to the applicant sufficient to assure completion of the subdivision as proposed or required.

(4) That there will not be any adverse impacts on neighboring properties, natural resource quality, area livability, and public services and facilities. (Ord. 19 § 3.020, 2003)

17.16.030 Outline development plan.

If an outline development plan is prepared and submitted with the application for a subdivision, it shall include both maps and written statements as set forth in this section. The information shall deal with enough of the area surrounding the proposed subdivision to demonstrate the relationship of the subdivision to adjoining land uses, both existing and allowable under applicable zoning.

(1) The map(s) which are part of the outline development plan may be in general schematic form, but shall be to scale, and shall contain the following information:

(a) The existing topographic character of the land.

(b) Existing and proposed land uses and the approximate location of buildings and other structures on the project site and adjoining lands.

(d) The approximate location of streets and roads within and adjacent to the subdivision.

(e) Public uses including schools, parks, playgrounds, and other public open spaces or facilities.

(f) Common open spaces and facilities and a description of the proposed use of these spaces or facilities.

(g) Landscaping, irrigation and drainage plans.

(2) Written statements which are part of the outline development plan shall contain the following information:

(a) An explanation of the character of the subdivision and the manner in which it has been planned and will be designed to be in compliance with the comprehensive plan, zoning and this title.

(b) A statement and description of all proposed on-site and off-site improvements proposed.

(d) A statement of the present ownership of all the land included within the subdivision.

(e) A general schedule of development and improvements.

(f) A statement setting forth expected types of housing and other uses to be accommodated, traffic generation, population and sectors thereof to be served, and any other information relative to demands on public services and facilities and public needs.

(g) A statement relative to compatibility with adjoining and area land uses, present and future.

(3) Planning commission review of an outline development plan is intended only as a review relative to applicable zoning provisions and therefore is intended more as a service to the developer than as a commitment of approval. Pursuant thereto, planning commission approval or general acceptance of an outline development plan for a subdivision shall constitute only a provisional and conceptual approval or acceptance of the proposed subdivision. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 3.030, 2003)

17.16.040 Tentative plan required.

Following submittal and approval of an outline development plan and subdivision application or an initial subdivision application, any person proposing a subdivision shall prepare and submit a tentative plan for the proposed subdivision in accordance with CCC 17.16.010. The tentative plan for a subdivision shall be prepared and submitted in compliance with the provisions of CCC 17.16.050 through 17.16.080. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 3.040, 2003)

17.16.050 Scale of tentative plan.

The tentative plan of a proposed subdivision shall be drawn on a sheet 18 by 24 inches in size or a multiple thereof at a scale of one inch equals 50 feet for subdivisions up to 10 acres in size, one inch equals 100 feet for subdivisions up to 50 acres in size, one inch equals 200 feet for subdivisions up to 100 acres in size, and for subdivisions of more than 100 acres in size, a scale not greater than one inch equals 400 feet. (Ord. 19 § 3.050, 2003)

17.16.060 Informational requirements.

The following information shall be shown on the tentative subdivision plan or provided in accompanying materials. No tentative plan submittal shall be considered “complete” unless all such information is provided:

(1) General Information Required.

(a) Proposed name of the subdivision.

(b) Names, addresses and phone numbers of the owner of record and subdivider, authorized agents or representatives, engineer or surveyor, and any assumed business names filed or to be filed with the corporation commissioner by the owner or subdivider, which will be used in connection with the subdivision.

(d) Appropriate identification of the drawing as a tentative plan for a subdivision.

(e) Location and tract designation sufficient to define its location and boundaries, and legal description of the tract boundaries in relation to existing plats and streets.

(2) Information Concerning Existing Conditions.

(a) Location, names and widths of existing improved and unimproved streets and roads within and adjacent to the proposed subdivision.

(b) Location of any existing features such as section lines, section corners, city and special district boundary lines, and survey monuments.

(c) Location of existing structures, irrigation canals and ditches, pipelines, waterways, and railroads, and any natural features such as rock outcroppings, marshes, wooded areas, and natural hazards.

(d) Location and direction of watercourses, and the location of areas subject to flooding and high water tables.

(e) Location, width and use or purpose of any existing easement or right-of-way within and adjacent to the proposed subdivision.

(f) Existing sewer lines, water mains, culverts, and other underground and overhead utilities within and adjacent to the proposed subdivision together with pipe sizes, grades and locations.

(g) Contour lines related to some established bench mark or other engineering acceptable datum and having minimum intervals of two feet for slopes of less than five percent, five feet for slopes of five to 15 percent, 10 feet for slopes of 15 to 20 percent, and 20 feet for slopes greater than 20 percent.

(h) Zoning classification of lands within and adjacent to the proposed subdivision.

(i) Names and addresses of all adjoining property owners.

(3) Information Concerning Proposed Subdivision.

(a) Location, names, width, typical improvements cross-sections, approximate grades, curve radii and lengths of all proposed streets, and the relationship to all existing and projected streets.

(b) Location, width and purpose of all proposed easements or rights-of-way and relationship to all existing easements and rights-of-way.

(d) Location, approximate area and dimensions of each lot, and proposed lot and block numbers.

(e) Location, approximate area and dimensions of any lot, or area proposed for public use, the use proposed, and plans for improvements or development thereof.

(f) Proposed use, location, approximate area and dimensions of any lot which is intended for nonresidential use.

(g) An outline of the area proposed for partial recording is contemplated or proposed.

(h) Source, method, and preliminary plans for domestic and other water supplies, sewage disposal, solid waste disposal, and all utilities.

(i) Description and location of any proposed community facility.

(j) Storm water and other drainage facility plans.

(k) Legal access to proposed subdivision. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 3.060, 2003)

17.16.070 Master development plan.

An overall master development plan shall be submitted for all developments of more than 25 lots or for all developments planning phases or unit development. The master development plan shall include, but not be limited to, the following elements:

(1) Overall development plan, including phase or unit sequence.

(2) Schedule of improvements, initiation and completion.

(3) Overall transportation and traffic pattern plan.

(4) Scales, program timetable projection.

(5) Development plans of any common elements or facilities.

(6) Financing plan for all improvements.

(7) If the proposed subdivision has an unknown impact upon adjacent lands or lands within the general vicinity, the planning commission may require a potential street development pattern for adjoining lands to be submitted together with the tentative plan as part of the master development plan for the subject subdivision, so as to verify the nondetrimental impact of the subject subdivision upon adjacent lands. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 3.070, 2003)

17.16.080 Supplemental information required.

The following information shall be submitted with the tentative plan for subdivision. If such information cannot be shown practically on the tentative plan of a proposed subdivision, it shall be submitted in separate documents accompanying the plan at the time of filing.

(1) Proposed deed restrictions or protective covenants, if such are proposed to be utilized for the proposed subdivision.

(2) Two copies of a letter from a water purveyor providing a water supply system serving domestic water or a letter from a licensed well driller or registered engineer. The letter shall state the source, name of supplier, and known quantity and quality of water available, and that the system will be installed in accordance with all applicable regulations. In addition, the letter from a water purveyor providing a domestic water system shall state that they are able and willing to serve each and every lot within the proposed subdivision and that the conditions and estimated cost of providing such service be set forth. A letter from a water purveyor shall further indicate that the water supply system proposed for the subdivision is adequate to meet the fire protection needs set forth by the appropriate fire protection agency.

(3) Statement from each serving utility company proposed to serve the proposed subdivision stating that each such company is able and willing to serve the proposed subdivision as set forth in the tentative plan, and the conditions and estimated costs of such service shall be set forth.

(4) Proposed fire protection system for the proposed subdivision and written approval thereof by the appropriate serving fire protection agency.

(5) Title or subdivision guarantee report from a licensed title company stating the record owner(s) of the land proposed to be subdivided and setting forth all encumbrances relative to the subject property.

(6) Reasons and justifications for any variances requested to the provisions of this title or any other applicable ordinance or regulation.

(7) Every application for division of property shall be accompanied by a water procurement plan approved by the county watermaster or their representative. Such plan shall explain in detail the proposed manner of providing domestic water. If irrigation water is to be provided, the water procurement plan shall also explain the manner of providing such irrigation water.

(8) Where a tract of land has water rights, an application for division of the tract shall be accompanied by a water rights division plan approved by the irrigation district or other water district holding the water rights, or when there is no such district, by the district watermaster or their representative serving the county area. Every plat and tentative plan shall indicate the water right that is to be transferred to each parcel or lot. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 3.080, 2003)

17.16.090 Approval of tentative subdivision plan.

(1) Tentative Plan Review. The planning commission shall, within 60 days from the first regular planning commission meeting following submission of a tentative subdivision plan to the planning commission, review the tentative plan and all reports and recommendations of appropriate officials and agencies. The planning commission may approve, modify, or disapprove the tentative plan for the proposed subdivision, and shall set forth findings for said decision.

(2) Tentative Plan Approval. Approval or disapproval of the tentative plan by the planning commission shall be final unless the decision is appealed to the county court. The county court may review the planning commission’s decision on its own motion. County court review shall be conducted in accordance with Chapter 17.48 CCC, and failure to do so within the required time limit shall be deemed to indicate acceptance of the planning commission’s decision.

(3) Tentative Plan Approval Relative to Final Plat. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision for recording; however, approval of such tentative plan shall be binding upon the county for purposes of the preparation of the plat and the county may require only such changes in the plat as are necessary for compliance with the terms of its approval of the tentative plan for proposed subdivision.

(4) Planning Commission Report. The decision of the planning commission shall be set forth in writing in a formal report and, in the case of approval, be noted on three copies of the tentative plan, including references to any attached documents describing conditions. One copy of the planning commission report shall be sent to the subdivider, one copy sent to the county court, and the planning commission shall retain one copy. Such action shall be completed within five working days of the date of planning commission decision. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 3.090, 2003)

17.16.100 Specific approval requirements.

In addition to the requirements set forth by the provisions of this title and applicable local and state regulations, specific requirements for tentative plan approval are as follows:

(1) No tentative plan of a subdivision shall be approved which bears a name using a word which is the same as, similar to or pronounced the same as a word in the name of any other subdivision in the same county, except the words “town,” “city,” “place,” “court,” “addition,” or similar words, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the subdivision bearing that name. All plats must continue the lot and block numbers of the plat of the same name, last filed.

(2) No tentative plan for a proposed subdivision shall be approved unless:

(a) The streets and roads are laid out so as to conform to the plats of subdivisions and maps of partitions already approved for adjoining property as to width, improvements, general direction and in all other respects, unless the planning commission determines it is in the public interest to modify the street and road pattern.

(b) Streets and roads to be held for private use are approved by the planning commission and are clearly indicated on the tentative plan and all reservations or restrictions relating to such private streets and roads are set forth thereon, such as ownership and maintenance responsibilities.

(d) The tentative plan complies with the standards for traffic impact analysis in CCC 18.176.010.

(3) No tentative plan for a proposed subdivision or planned unit development located within the urban growth boundary, but outside the city, shall be approved unless the subject proposal has been submitted to the city planning commission for review and until such time that a written review and recommendation therefrom has been received and considered.

(4) Approval or denial shall take into consideration the subdivision review committee and city planning commission’s (when applicable) recommendations and the factors listed in CCC 17.12.060. (Ord. 303 § 1 (Exh. C), 2017; Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 3.100, 2003)

17.16.110 Resubmission of denied tentative plans.

If the tentative plan for a subdivision is denied, resubmittal thereof shall not be accepted by the county for a period of six months after the date of the final action denying said plan. Resubmission shall require the applicant to consider all items for which the prior denial was based, and a new filing fee shall accompany the resubmission. (Ord. 19 § 3.110, 2003)