[Ord. No. 484-02 Art. V §1, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
A.
Upon written request of the developer, the Planning and Zoning Commission may approve modification of the general principles of design and the minimum requirements for laying out subdivisions, stipulated in Article VI of these regulations, in case of a plan for a complete community or neighborhood which, in the judgment of the Planning and Zoning Commission and the Board of Aldermen, provides adequate public spaces and includes provisions for efficient circulation, light and air and other needs. In making its findings, as required herein below, the Planning and Zoning Commission and the Board of Aldermen shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. The Planning and Zoning Commission and Board of Aldermen shall find that:
1.
The proposed project will constitute a desirable and stable community
development;
2.
The proposed project will be in harmony with adjacent areas;
3.
The proposed project will not conflict with principal features of
the Comprehensive Plan or with the intent and purpose of said general
principles of design and minimum requirements.
[Ord. No. 484-02 Art. V §2, 8-19-2002; Ord. No. 668 §1, 11-7-2011; Ord. No. 933, 5-16-2022]
A.
Review Of Lot Split Applications. The City Administrator or assigned
designee shall have the authority to review lot splits under the following
circumstances:
1.
The proposed lot split is part of a previously final platted
and recorded subdivision, and does not create more than four (4) lots
of record, with each resulting lot(s) being comprised of less than
ten (10) acres.
2.
The proposed lot split complies with all other provisions of
this Article and any other ordinances and regulations of the City
of Strafford, and no substandard tract, parcel, or lot will be created
or result in the need for a variance from the subdivision regulations.
3.
All lots associated with a lot split will be in compliance with
the underlying zoning district minimum requirements in relation to
lot size, width, and public street frontage, and shall reasonably
demonstrate that any new buildings or proposed additions to existing
structures will not require variance within the underlying zoning
district.
4.
The lot split will not result in, e.g., utilities, traffic control,
etc., or interfere with the maintenance of existing service levels.
5.
Any alterations and associated costs thereof to public streets
or rights-of-way associated with the lot split(s) such as, but not
limited to, additional curb cuts, repaving, repair of street surfaces
due to the need to access subsurface utilities, construction of required
sidewalks, and construction of driveway entrances shall be the responsibility
of the property owner.
6.
The lot split shall be consistent with the surrounding area.
In determining consistency, the size and dimension of lots previously
developed, the layout and design of existing subdivisions and the
degree of deviation from previous development shall be considered.
7.
All lots resulting from the lot split shall have frontage on
an adjacent public street and shall not be landlocked.
8.
No new access easements across new or existing lots shall be
granted in association with a proposed lot split.
9.
Except as provided in Sections 405.452 (Lot Combinations) and 405.454 (Property Line Adjustment), a tract or parcel may only utilize or be associated with the lot split process described in this Section once. If an applicant wishes to further subdivide a previous approved lot split, the applicant shall follow the final plat procedures in Sections 405.130 (Final Plat) to 404.170 and Article IV of the Subdivision Regulations.
B.
Review And Approval/Denial Procedures For A Lot Split.
2.
If determined that the requirements of Subsection (A) cannot be met, the request for lot split shall not proceed forward to the Planning and Zoning for its consideration. The applicant shall be so informed of this per the procedures in Section 405.456(D) (Procedure for Application and Review of Replats for Lot Splits, Lot Combinations, and Property Line Adjustments).
[Ord. No. 933, 5-16-2022]
A.
Review Of Lot Combination Applications. The City Administrator or
assigned designee shall have the authority to review lot combinations
under the following circumstances:
1.
The lot combination includes only lots which have previously
been final platted and part of a recorded subdivision.
2.
The proposed lot combination is in compliance with all other
provisions of this Article and any other ordinances and regulations
of the City of Strafford and no substandard lot will be created or
result in the need for a variance from the subdivision regulations.
3.
The lot combination will not result in the need for a zoning
variance within the underlying zoning district.
4.
The proposed lot combination involves:
a.
Property within a residential zoning district ("R-1," "R-2,"
"R-3," and "R-MHP"); or
b.
Property is within a non-residential zoning district and the
following conditions have been satisfied;
c.
The lot combination does not substantially increase the density
of development and does not substantially increase demands on public
infrastructure serving the combined lot(s); and
d.
The lot combination results a new parcel that is consistent
with the surrounding area. In determining consistency, the size and
dimension of lots previously developed, the layout and design of existing
subdivisions and/or development and the degree of deviation from previous
development shall be considered.
5.
Any alterations and associated costs thereof to public streets
or rights-of-way associated with the lot combination such as, but
not limited to, re-located or additional curb cuts, repaving, repair
of street surfaces due to the need to access subsurface utilities,
construction of required sidewalks, and construction of driveway entrances
shall be the responsibility of the property owner.
6.
Lot combinations shall result in the elimination of lot lines
from previously existing lots.
7.
All lots resulting from a combination lot shall have frontage
on an adjacent public street and shall not be landlocked.
8.
No new access easements across new or existing lots shall be
granted in association with a proposed lot combination.
9.
It is the responsibility of the applicant to identify all utility
easements which may be impacted by a lot combination and development
on the property and take all necessary steps as follows:
a.
Coordinate with utility services, including, but not necessarily
limited to, water, sanitary sewer, electric, telephone, cable, and
natural gas providers, to determine if the existing utility easement
can be vacated, whether the utility within the easement can be re-located
or abandoned and/or a new easement be dedicated, and the cost of said
utility re-location.
b.
Vacate existing easements and dedicate any new easements as
required by the City or the impacted utility provider.
c.
The City or the appropriate government entity shall retain the
right to refuse the vacation of said easement which may nullify the
lot combination application.
10.
It is the responsibility of the applicant to identify all easements
dedicated for other purposes, including, but not necessarily limited
to, floodplains, stormwater facilities and overland flow paths, pedestrian
access, and land conservation, which may be impacted by a lot combination.
The City or the appropriate government entity shall retain the right
to refuse the vacation of said easement which may nullify the lot
combination application.
B.
Review And Approval/Denial Procedures For A Lot Combination.
2.
If determined that the requirements of Subsection (A) cannot be met, the request for lot combination shall not proceed forward to the Planning and Zoning for its consideration. The applicant shall be so informed of this per the procedures in Section 405.456(D) (Procedure for Application and Review of Replats for Lot Splits, Lot Combinations, and Property Line Adjustments).
[Ord. No. 933, 5-16-2022]
A.
Review Of Property Line Adjustment Applications. The City Administrator
or assigned designee shall have the authority to review lot combinations
under the following circumstances:
1.
The property line adjustment results in all lots impacted by
the line adjustment to remain in or come into compliance with all
other provisions of this Article and regulations of the City of Strafford.
2.
No new lot(s) will be created as a result of the property line
adjustment.
3.
If applicable, the property line adjustment positively contributes
to resolving a property line dispute as determined by the City Administrator
or assigned designee.
4.
The property line adjustment positively contributes to correcting an encroachment of a structure on a property line as determined by the City Administrator or assigned designee without resulting in a Non-Conforming Situations per Article IX of Chapter 400 or the need for a zoning variance per Section 400.305 (Variances).
5.
The property line adjustment is:
6.
The property line adjustment results in all impacted lots to
be in compliance with all other provisions of this Article and any
other ordinances and regulations of the City of Strafford, and no
substandard tract, parcel, or lot will be created or result in the
need for a variance from the subdivision regulations.
7.
All lots impacted by a property line adjust will be in compliance
with the underlying zoning district minimum requirements in relation
to lot size, width, and public street frontage, and shall reasonably
demonstrate that any new buildings or proposed additions to existing
structures shall meet the front, side, and rear zoning setback requirements
without creating the need for a zoning variance within the underlying
zoning district.
8.
Any alterations to public streets or rights-of-way associated
with a property line adjustment shall be the responsibility of the
subdivider.
9.
The property line lot adjustment shall be consistent with the
surrounding area. In determining consistency, the size and dimension
of lots previously developed, the layout and design of existing subdivisions
and the degree of deviation from previous development shall be considered.
10.
Property line adjustments shall not result in any lot not having
frontage on an adjacent public street or result in any lot becoming
landlocked.
11.
No new access easements shall be granted or become necessary
in association with a proposed property line adjustment.
B.
Review And Approval/Denial Procedures For A Property Line Adjustment.
2.
If determined that the requirements of Subsection (A) cannot be met, the request for lot line adjustment shall not proceed forward to the Planning and Zoning for its consideration. The applicant shall be so informed of this per the procedures in Section 405.456(D). (Procedure for Application and Review of Replats for Lot Splits, Lot Combinations, and Property Line Adjustments).
[Ord. No. 933, 5-16-2022]
A.
Terminology. Any modification of previously platted property that
is approved under the provisions of this Article shall be considered
a "replat" of the originally recorded final plat.
B.
Application Procedures.
1.
Applications for replats involving lot splits, lot combinations,
and property line adjustments shall be filed on forms provided by
the City. The City may require submission of additional information,
material, and documents to determine compliance with this Article.
2.
Applications for approval of replats for lot splits, lot combinations,
or property line adjustments shall be accompanied by two (2) twenty-four-inch
by thirty-six-inch black or blue line prints and an electronic copy
of a survey performed by a Missouri registered land surveyor.
3.
All replat documents must be completed and sealed by a licensed
surveyor registered in the State of Missouri and shall contain information
relating to:
4.
The replat document shall include the following:
a.
The location and dimensions of existing and proposed tracts,
parcels or lots;
b.
The exact location and distances of all existing structures
and other physical improvements in relation to proposed lot lines.
If the location of proposed structures or other physical improvements
are known, their relationship to proposed lot lines shall be indicated;
c.
The legal description of all existing and proposed lots, parcels
or tracts;
d.
The amount of square footage contained in each existing and
proposed lot, parcel or tract;
e.
All existing easements, streets, sewers, sewer laterals, utility
lines, alleys and access restrictions. If granted by a separate instrument,
the recording information shall be provided;
f.
All platted building setbacks;
g.
All platted easements, streets, alleys or other public rights-of-way
that are proposed for vacation;
h.
Names of all abutting streets, including location of right-of-way
centerline;
i.
Zoning district of subject properties and adjacent properties.
j.
Any additional information listed on a checklist provided by
the City.
k.
Signature blocks for the City Administrator, the Planning and
Zoning Commission Chair, and the City Clerk.
C.
Review Procedures.
1.
The City Administrator or designee shall review the replat application and may submit it for review and comment to other agencies and departments as deemed necessary. Within thirty (30) days of the application submittal, the City Administrator shall correspond with the applicant to indicate whether the replat meets the criteria identified for Lot Splits [405.450(A)], Lot Combinations [405.452(A)] or Lot Line Adjustments [405.454(A)] and adequately provides the required information in Section 405.456(B).
2.
If, following review, the City Administrator or assigned designee
indicates to the applicant that the replat is eligible to be approved,
the applicant shall provide the City with two (2) mylars (or equivalent
approved material) and two (2) paper copies of the replat document.
3.
The replat shall then be referred to the Planning and Zoning
Commission for its consideration at its next scheduled meeting. If
approved by the Planning and Zoning Commission, the replat shall be
signed and dated by the City Administrator and the Planning and Zoning
Commission Chair (or duly authorized member of the P and Z Commission)
and attested to under the hand and Seal of the City Clerk. The replat
shall then be returned to the applicant for the purpose of it being
sealed and recorded by the County Recorder of Deeds.
4.
Following recording with the county, one (1) paper copy and
one (1) electronic copy shall be provided to the City along with information
on the date and recorded book and page number of the plat.
5.
Replats shall be recorded with the County Recorder by the applicant
within sixty (60) days of the Planning and Zoning Commission date
of approval. Replats not recorded within this time period shall be
null and void.
D.
Denial Of A Replat Application. In the event it is determined that
a replat cannot not be approved, the City Administrator shall inform
the applicant, in writing, as to why this determination was made.
If denied, the applicant may then prepare the appropriate documents
for submittal to the Planning and Zoning Commission and/or Board of
Aldermen for review and action as set forth in this Title.
E.
Review Of Replat By Board Of Aldermen Not Required. As lot splits and lot combinations represent minor adjustments to previously platted property and are limited in scope, review and approval by the Board of Aldermen is not required. As they must meet the criteria of Section 405.454(A) to be considered by the Planning and Zoning Commission and are limited in scope, lot line adjustments are not required to be reviewed and approved by the Board of Aldermen, regardless of whether the subject tract(s) are part of a previously platted subdivision.
[Ord. No. 484-02 Art. V §3, 8-19-2002; Ord. No. 668 §1, 11-7-2011]
In any particular case where the developer can show by plan
and written statement that because of exceptional topographic or other
physical conditions literal compliance with any requirement of these
regulations would cause practical difficulty or exceptional and undue
hardship, the Planning and Zoning Commission may modify such requirement
to the extent deemed just and proper so as to relieve such difficulty
or hardship; provided such relief may be granted without detriment
to the public interest and without impairing the intent and purpose
of these regulations or the desirable general development of the neighborhood
and the community in accordance with the Comprehensive Plan and the
Zoning Ordinance. Any modification thus granted shall be spread upon
the minutes of the Planning and Zoning Commission setting forth the
reasons that, in the opinion of the Planning and Zoning Commission,
justified the modification.
