Chapter 25 SUBDIVISIONS*
Section 25-33 Tract spilt--Generally.
(a) In order to facilitate the orderly subdivision of large
tracts of land for separate parcel sale,
the tract split procedure may be used, by which subdivision authorization is given
administratively, and ordinary subdivision plat preparation, review and commission or council
approval is not required. The tract split procedure is not intended to and does not exempt
property from normal subdivision platting and improvement requirements for its development, in
accord with these and other applicable regulations. It may, however, provide a means by which
those platting and public improvement responsibilities can be placed primarily with the
developer of such land, parcel by parcel, at the time such development actually occurs, rather
than at the time of initial large-tract subdivision into suitably smaller parcels for separate sale.
(b) Application for approval of a tract split shall be made
to the director. The application shall:
(1) Be on forms supplied by the director;
(2) Be accompanied by drawings, sketc.hes
or written information and documentation
sufficient to demonstrate compliance with the definition of "tract split" in section 25-3,
requirements of paragraph (c) of this section, section 25-54, and all other requirements of this
(c) Upon filing of an application for approval of a tract
split, the director shall examine the
same, in the nature of a concept review, and consult with other city departments as he may deem
necessary. No tract split shall be approved by the director unless he determines that the proposed
tract split meets the following criteria:
(1) The property shall be divided
into not more than five (5) parcels.
(2) Adequate provision shall be made
for future subdivision of the resultant parcels for
development, for the opening of future streets to serve the parcels, and for the extension of
utilities or related public improvements and facilities, in accordance with normal requirements.
(3) Resultant parcel configuration
shall not adversely affect development of the balance of
the tract or parcels, nor of adjoining properties, nor be in conflict with any provision of the
comprehensive plan, zoning ordinance, or other provision of these regulations.
(d) The director shall approve or disapprove the request,
and notify the subdivider in writing
of such action within fourteen (14) calendar days of filing of the application.
(e) The director, on approval of a tract split, shall certify
to the recorder of deeds that the
survey required hereunder complies with all the provisions of this chapter.
(f) If the director disapproves the tract split or fails
to approve or disapprove the same within
fourteen (14) days, the subdivider may within five (5) days after the expiration of such fourteen-day
period, request the director to transmit the tract split to the commission for its approval or
disapproval. The request shall be in writing and dated and signed by the subdivider or his duly
authorized agent. Upon such written request, the director shall transmit the tract split to the
commission. The commission shall approve or disapprove the tract split at its next regular
meeting which is not less than seven (7) days after the date shown on the written request to the
director to transmit the tract split to the commission.
(g) The commission shall forward the tract split and its
recommendation thereon to the city
council for consideration at the council's next regular meeting which is not less than three (3)
days after the date of the commission's consideration. The city council shall approve or
disapprove the tract split at the regular meeting. Failure of the city council to act within the time
prescribed shall be deemed approval.
(h) Except as may otherwise be provided, no permit for street
or utility extension, nor permit
for building development, shall be issued for any of the resultant parcels, unless or until such
parcel or portion thereof has been platted in accordance with this chapter.
(Code 1964, § 19.540; Ord. No. 10099, § 1, 3-5-84)