450.040 Approval of Tentative Subdivision Plan.
A. Approval of a Tentative Subdivision Plan shall be in accordance with Section 520.100 Type II Procedures. Within 45 days from the first regular Planning Commission meeting following submission of a tentative plan of a subdivision, the Planning Commission shall review the plan and the reports of appropriate officials and agencies.
B. Required Findings: No tentative plan shall be approved unless:
(1) Streets and roads conform to plats approved for adjoining properties as to widths, alignments, grades, and other standards, unless the Commission determines that the public interest is served by modifying streets or road patterns.
(2) Streets and roads held for private use are clearly indicated on the plat and all reservations or restrictions relating to such private roads and streets are set forth thereon.
(3) The plat complies with the Comprehensive Plan, the City, County and Regional Transportation Plans, the City Stormwater and Water Master Plans, and applicable zoning district regulations. Further, ODOT access permit approval is required on abutting state roadways prior to subdivision approval by the City.
(4) Adequate water, sanitary sewer, and other public facilities exist to support the use of land proposed in the plat.
(5) Development of additional, contiguous property under the same ownership can be accomplished in accordance with this Code.
(6) Adjoining land can either be developed independently or is provided access that will allow development in accordance with this Code.
C. Conditions of Approval. Conditions and/or restrictions may be applied to the approval of a tentative subdivision plan in order to assure code compliance and mitigate transportation or public facility impacts and to protect those facilities.
D. The action of the Planning Commission shall be noted on three copies of the tentative plan, including reference to any attached documents describing conditions.
E. Approval of the tentative plan by the Planning Commission shall indicate approval of the final plat if there is no change in the plat of the subdivision and if the subdivider complies with the requirements of this Code.