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HomeMy WebLinkAboutChapter 11, Article 1 Amendments_Updated 11-01-03: APPLICABILITY: (1) These regulations shall apply to the subdividing of land and/or planned unit developments within the corporate limits of the city and property within Caldwell's area of impact, or as mutually defined by both the city and Canyon County under the requirements of Idaho Code section 67-6526, and shall include the following: (Ord. 2811, 11-2-2009) A. Subdivision: The subdivision of a tract of land into more than four (4) lots, parcels or sites for transfer of ownership or development, whether immediate or future. Any subdivision of said tract shall require the filing and recordation of a final plat in accordance with the provisions of this chapter. (Ord. 2924, 4-15-2013) B. Resubdivision: The resubdividing of at least one existing platted lot, regardless of the existing plat date, into more than one platted lot. C. Development Of Condominium Projects: 1. The provisions of the condominium property act as provided in title 55, chapter 15, Idaho Code, as amended, revised and compiled, and the provisions of chapter 10 of this code, as amended, revised and compiled shall be, and the same hereby are, adopted and incorporated by reference herein. 2. Condominium development and subdivision of land(s) may occur within the same plat. This shall also include dedication of public right of way and all standard improvements as outlined in this chapter. 3. Each condominium unit shall be provided ingress and egress either over common area or by an easement which shall be delineated on the plat and defined in the recorded condominium declarations with a note on the plat stating that the condominium declarations provide ingress and egress easements for the units. 4. If the condominium buildings and units are all existing, the short plat process may be followed provided the project meets all qualifications for the short plat process, except that the number of buildable lots may exceed four (4). If any new construction is involved or if the project does not qualify for the short plat process, the regular platting process shall be followed. (Ord. 2811, 11-2-2009) D. Subdivisions In The Area Of Impact: 1. Subdivisions outside of the corporate limits and within the city of Caldwell area of impact, shall be reviewed by the planning and zoning department, the engineering department and the fire department for conformance to "city code" as herein defined and shall be considered for approval by council on the consent agenda once it has been determined by appropriate city staff that the subdivision is in conformance with city code. 2. New subdivisions which are contiguous to city limits and meet the criteria for annexation as set forth in Idaho Code section 50-222 shall be annexed and developed to city standards. 3. Where land is subdivided into large lots (1 acre or more), the lots shall be divided, where feasible, to allow for future division into smaller lots. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. (Ord. 2768, 4-20-2009) E. Exceptions To Platting: 1. Property Boundary Or Lot Line Adjustments: An adjustment of property boundaries or lot lines which does not reduce the area, width, depth or building setback lines below the minimum required in chapter 10 of this code and which does not create more parcels or lots than existed prior to the property boundary or lot line adjustment. A property boundary adjustment does not vacate platted lot lines or easements of a recorded subdivision, nor does it vacate any right of way or move any easements or rights of way. A lot line adjustment does not vacate platted lot lines or easements of a recorded subdivision, nor does it vacate any right of way or move any easements or rights of way. The following procedures shall be followed for a property boundary or lot line adjustment: (Ord. 2811, 11-2-2009) (A) The applicable application shall be obtained from the planning and zoning department and submitted for processing along with all required attachments as stated on said application and the applicable fee as adopted by council through resolution. (B) Upon tentative approval of the application by the planning and zoning department, the following tasks shall be completed within four (4) months of said tentative approval or said approval shall become null and void: i. Cause the property to be boundary surveyed. ii. Submit a copy of the boundary survey map and all resulting legal descriptions to the planning and zoning department for review by said department, in consultation with the engineering department, to ensure compliance with the tentative approval, prior to recordation. iii. Upon receiving final approval from the planning and zoning department, have the record of survey recorded and execute and record the necessary deeds to accomplish the property boundary or lot line adjustments as approved by the planning and zoning department; iv. Provide copies of the recorded record of survey and recorded deeds to the planning and zoning department. (C) Upon receipt of copies of the recorded record of survey and recorded deeds, a zoning compliance letter shall be issued. A copy of said letter shall be submitted with any subsequent building permit applications for the properties. (D) A property boundary or lot line adjustment shall not/cannot change or move any public streets or dedicated areas in any manner. (E) A property boundary or lot line adjustment shall not/cannot increase the original number of properties, and may decrease the original number of properties. (F) A property boundary or lot line adjustment shall not reduce the property size below the minimum dimensional standards prescribed by chapter 10 of this code; or if one or more of the properties is nonconforming as to the minimum dimensional standards prescribed by said chapter 10 of this code, the property boundary or lot line adjustment shall not increase the nonconformity. (G) No applications for property boundary or lot line adjustments shall be accepted for processing if there are any city code violations on the subject property. 2. Unwilling Sale Of Land: The unwilling sale of land as a result of legal condemnation as defined and allowed in Idaho Code and the United States constitution and when the dedication of right of way for public purposes is initiated or requested either formally or informally by a public body. 3. Acquisition Of Right Of Way By Public Agency: The acquisition of street rights of way by a public agency. 4. Acquisition Of Land For Public Facilities: The acquisition of land for purposes of constructing essential public facilities. (Ord. 2768, 4-20-2009) 5. Simple Lot Splits: Any person requesting to divide Aany original lot, parcel, or site that is divided into four (4) or fewer lots, parcels, or sites for transfer of ownership or development, whether immediate or future, through the application for a simple lot split. An original lot, parcel, or site is defined as one that was in existence in its current configuration as of March 18, 2013, and one that is not a platted lot in a subdivision that was platted anytime after December 31, 2000. Additionally, all resulting lots or parcels shall meet all applicable zoning, lot size, lot density, and setback requirements. The following procedures shall be followed for a simple lot split: (A) The applicable application shall be obtained from the planning and zoning department and submitted for processing along with all required attachments as stated on said application and the applicable fee as adopted by council through resolution. (B) Tentative approval needs to be issued by the planning and zoning department before the application process can go any further. All portions of chapter 10 of this code will be considered for tentative approval, including lot sizes and dimensions, lot density, land use, and setback requirements. (C) Upon tentative approval of the application by the planning and zoning department, the following tasks shall be completed within four (4) months of said tentative approval or said approval shall become null and void: i. Cause the property to be boundary surveyed. ii. Submit a copy of the boundary survey map and all resulting legal descriptions to the planning and zoning department for review by said department, in consultation with the engineering department, to ensure compliance with the tentative approval, prior to recordation of either the survey map or the new deeds. iii. Upon receiving final approval from the planning and zoning department, have the record of survey recorded and execute and record the necessary deeds to accomplish the simple lot split as approved by the planning and zoning department. iv. Provide copies of the recorded record of survey and recorded deeds to the planning and zoning department. Upon receipt of said documents, the planning and zoning department will issue a zoning compliance letter for each resulting lot or parcel. Zoning compliance letters should always accompany building permit applications as proof that the lot or parcel is buildable. (Ord. 2924, 4-15-2013) 6. Administrative Lot Split: (A) Where a parcel is being divided by a right of way dedication, such dedication shall be achieved through an administrative lot split. For the purposes of this dedication, the requirement for the parcel to be in its original configuration as specified in subsection E5 is not applicable, and the administrative lot split will not count towards and negate the ability to do a simple lot split on the subject parcels in the future. All resulting lots or parcels shall meet all applicable zoning, lot size, lot density, and setback requirements. (B) Lots or parcels divided by public right of way, in existence prior to the date of the adoption of this subsection, are not required to perform an administrative lot split. An existing lot or parcel divided by a right of way, may request to split the divided lots or parcels in order to create legal parcels for the purpose of development and or the sale of one or more of the lots or parcels. For the purposes of this subsection, an approved administrative lot split will not count towards and negate the ability to do a simple lot split on the subject parcels in the future. All resulting lots or parcels shall meet all applicable zoning, lot size, lot density, and setback requirements.