2.4 Policy D – Major subdivision without creation of street or public improvement/infrastructure

2.4.1 Purpose.   

This policy is to accommodate major subdivision applications that do not create new streets or public infrastructure.

2.4.2 Eligible applications.   

Policy D shall be used for major subdivision applications that satisfy all of the following:

• The subdivision meets at least one of the following:
  • is proposed to divide existing lot(s) into six or more new lots; and/or
  • includes a site over than two acres in size; and/or
  • includes a site formed by eleven or more lots
• The subdivision does not create any new street (public or private)
• The subdivision does not create any public improvement or infrastructure.

2.4.3 Review criteria.   

All Policy D subdivisions shall be considered by the City Planning Commission. The Executive Director has no authority to administratively approve Policy D subdivisions.

Under Policy D, the City Planning Commission staff will generally view a subdivision application favorably if all of the following criteria are met:

• The proposal is compliant with all applicable requirements of the Subdivision Regulations;
• The proposal conforms to the Comprehensive Zoning Ordinance. Existing non-compliant conditions may be retained or brought closer into compliance.
• The proposal is consistent with the Land Use Element of the Master Plan.
• The subdivision is designed, located, and proposed to be operated so that the public health, safety, and welfare is protected.
• Adequate public facilities exist to accommodate the proposed subdivision.

Under Policy D, the City Planning Commission staff will generally view a subdivision application with disfavor if any of the following apply:

• The proposal is not compliant with all applicable requirements of the Subdivision Regulations.
• The proposal creates new conditions that do not conform to the Comprehensive Zoning Ordinance.
• The proposal is not consistent with the Land Use Element of the Master Plan.
• The subdivision does not promote the public health, safety, and welfare.
• Other circumstances apply which justify the disapproval of the subdivision.

2.4.4 Authority to grant variances of zoning requirements.   

For subdivisions considered under Policy D, variances of zoning requirements contained in the Comprehensive Zoning Ordinance may only be granted by the Board of Zoning Adjustments. No subdivision reviewed under Policy D shall be granted final approval unless and until all required variances have been granted.