5.4.2 SUBDIVISION OF LAND | Aurora Unified Development Ordinance

5.4.2. SUBDIVISION OF LAND.

A. Initial Subdivision of Land. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.2.A.

a. General Applicability and Exceptions. See Section 146-4.3.1 (Applicability and Exceptions).

b. Minor and Major Subdivisions. Subdivisions of land are divided into Minor Subdivisions and Major Subdivisions:

i. A Minor Subdivision is any division of land into lots for sale or development that is not listed as exempt in Section 146-4.3.1 (Applicability and Exceptions) that:

(a) Creates three or fewer new lots; and

(b) Where each new lot already has access to public streets, utilities, and services required by Section 146-4.3 (Subdivision Standards) and only the construction of on-lot utility lines is necessary to connect those lots to existing infrastructure systems with adequate capacity to serve the lots; and

(d) The subdivision does not result in remnant tracts or parcels; and

(e) Does not include any deviation from any Ordinance standards applicable to the proposed lots, other than an Administrative Adjustment pursuant to Section 146-5.4.4.A.

ii. A Major Subdivision is any division of land into lots for sale or development that is not listed as exempt in Section 146-4.3.1 (Applicability and Exceptions) and does not qualify as a Minor Subdivision under Section 146-5.4.2.A.1.b.i above.

iii. If the Planning Director determines that an application for a Minor Subdivision is part of a sequence or pattern of subdivision of a larger area of land designed to avoid the standards or procedures required for approval of a Major Subdivision, the Planning Director may require that the standards and procedures applicable to a Major Subdivision shall apply to the application.

i. Application for a Minor Subdivision shall include a final plat unless the applicant requests approval of a preliminary plat before submitting an application for a final plat.

ii. The Planning Director shall refer the application to the City Engineer for confirmation that the application meets the Minor Subdivision standards regarding the availability of lot access, infrastructure, and utilities.

iii. If a preliminary plat and a final plat are submitted separately, the final plat shall be submitted within one year after approval or approval with conditions of the preliminary plat, and both shall be referred to the City Engineer for comment before the Planning Director makes a decision on each application.

iv. The Planning Director shall review and make a decision on the application reflecting the comments of the City Engineer, or shall notify the applicant of the modifications to the final plat needed to comply with conditions on approval or the requirements of this UDO and other adopted City ordinances and regulations.

v. The applicant shall record the final plat within one year after the Planning Director’s approval.

i. The applicant shall submit a preliminary plat.

ii. The Planning Director shall refer the application to the City Engineer for early identification of any issues regarding the availability of lot access, infrastructure, and utilities, and drainage.

iii. Following review by the City Engineer:

(a) If the property is located in Subareas A or B, the Planning Director shall review the preliminary plat and forward a recommendation to the Planning and Zoning Commission pursuant to all applicable provisions of Section 146-5.3.

(b) If the property is located in Subareas A or B, the Planning and Zoning Commission shall conduct a public hearing and shall make a decision on the preliminary plat pursuant to all applicable provisions of Section 146-5.3.

(c) If the property is located in Subarea C, the Planning Director shall review the application and make a decision on the preliminary plat pursuant to all applicable provisions of Section 146-5.3 (Common Procedures).

iv. If the preliminary plat is approved with conditions, the applicant shall submit a preliminary plat reflecting satisfaction of all required conditions within one year after the decision of the Planning and Zoning Commission or Planning Director applying those conditions.

v. A final plat consistent with the preliminary plat and complying with all requirements of this UDO and other adopted City ordinances and regulations shall be submitted within three years after the date of approval of the preliminary plat without conditions, or after the date on which all conditions on the preliminary plat were satisfied.

vi. The Planning Director shall review and make a decision on the final plat, or shall notify the applicant of any modifications to the final plat needed to comply with conditions on approval or the requirements of this UDO and other adopted City ordinances and regulations.

vii. The applicant shall record the approved final plat within one year after approval by the Planning Director.

c. Recording. Following approval of a final plat, the City Clerk shall record the final plat with the Clerk and Recorder of the county where the property is located.

i. The applicant shall submit civil engineering construction plans for all required streets, utilities and other public improvements to the City Engineer, and the City Engineer shall approve those plans before a building permit or a public improvement permit will be issued for any property shown on the final plat.

ii. Upon receipt of civil engineering construction plans, the City Engineer shall review and approve or reject the plans and shall provide the applicant written notice of the action. If the City Engineer rejects the civil engineering construction plans, the City Engineer shall provide a written explanation of the modifications necessary for approval.

a. Minor Subdivision Plat. A Minor Subdivision plat shall only be approved if the application complies with the applicable standards in this UDO, other adopted City regulations, any approved Master Plan that includes the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property.

b. Major Subdivision Preliminary Plat. A Major Subdivision preliminary plat shall only be recommended for approval, and shall only be approved if:

i. It is consistent with the Comprehensive Plan and all other adopted plans and policies of the City Council;

ii. The application complies with the applicable standards in this UDO (including but not limited to the standards in Sections 146-4.2 (Dimensional Standards), 146-4.3 (Subdivision Standards), and 146-4.5 (Access and Connectivity).

iii. The application complies with other adopted City regulations, any approved Master Plan that includes the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property.

iv. The City's existing infrastructure and public improvements, including but not limited to its street, trail, and sidewalk systems, have adequate capacity to serve the proposed development, and any burdens on those systems have been mitigated to the degree practicable.

i. A Major Subdivision final plat shall only be approved if it is generally consistent with the approved preliminary plat and meets all conditions on the preliminary plat approval. A final plat is not generally consistent with an approved preliminary plat if it:

(a) Increases the number of residential, mixed-use, or non-residential lots, or increases the number of permitted dwelling units, or increases the amount of permitted non-residential development.

(b) Decrease the number of residential, mixed-use, or non-residential lots, or decreases the number of permitted dwelling units, or decreases the amount of permitted non-residential development in an MU-TOD zone district, or in another area where the Comprehensive Plan recommends increasing development density or intensity, or where achieving a minimum density or intensity of development were factors in the City’s discussion or approval of the preliminary plat.

(c) Modifies the proposed street layout or the location or dimensions of proposed blocks or development areas so as to increase through traffic in residential areas within the subdivision, or so as to increase the length of pedestrian, bicycle, or automobile trips within the subdivision or to or from streets bordering the subdivision.

(d) Modifies the location of designated open space or an existing or proposed conservation easement so as to increase the distance or decrease usability or attractiveness of the open space or easement area for residents and occupants of the subdivision, or so as to decrease the connectivity of open spaces with adjacent properties outside the subdivision.

(e) Creates additional adverse impacts on property owners or occupants adjacent to the subdivision.

(f) Removes a restriction on property use or modifies an administrative adjustment or variance related to the preliminary plat.

ii. If a Major Subdivision final plat is determined not to meet the criteria in Subsection i, the Planning Director shall notify of the applicant of:

(a) The modifications needed to for general consistency with preliminary plat, or to comply with conditions on approval that plat, or with the requirements of this UDO and other adopted City ordinances and regulations; and

(b) The option to submit a revised Major Subdivision preliminary plat.

(d) Simultaneous Review and Approval. An applicant may submit a final plat together with a preliminary plat, and the two plats may be reviewed simultaneously by the same body that would make a decision on the preliminary plat if submitted separately, and may be approved if the two plats together comply with the same criteria that would apply to the preliminary plat if submitted separately.

(e) Civil Engineering Construction Plans. In acting on civil engineering construction plans, the City Engineer shall consider all of the following:

(i) Whether the plans comply with the standards of this UDO;

(ii) Whether the plans comply with all applicable City construction standards and specifications; and

(iii) Whether the proposed construction schedule is reasonably designed to ensure completion of the necessary public improvements as required by the City, the property owners, and the residents of the subdivision, giving due consideration to topography, existing public improvements, size of the subdivision, traffic demands in the vicinity, adequate emergency access, the needs and requirements of property owners and residents in the subdivision and any other pertinent matters.

B. Revisions and Changes to Adopted Subdivisions Plats. All applicable provisions of Section 146-5.3 (Common Procedures) apply unless specifically modified by the provisions of this Section 146-5.4.2.B.

a. Applicability. The Minor Plat Amendments process may only be used for changes to adopted final plats that:

i. Are necessary to correct minor survey or drafting efforts, but that will not increase the number of lots or have any material effect on the location of streets or open spaces within the subdivision; or

ii. Adjust lot lines in ways that do not increase the number of lots or building sites or affect any public right-of-way, and that comply with all Ordinance standards (including lot size and frontage) in effect at the time of application; or

iii. Adjust building envelopes in ways that do not increase allowable lot coverage or violate any building setbacks in this UDO or any building setbacks included as conditions to previous approvals applicable to the property, and that do not affect any public right-of-way; or

iv. Are necessary to bring the subdivision plat into conformance with any approved Minor Site Plan.

i. The Planning Director shall refer the application to the Director of Public Works for confirmation that the application does not have any effect on public rights-of-way or any streets within the subdivision.

ii. The Planning Director shall review and make a decision on the application reflecting the comments of the Director of Public Works.

iii. After approval, the City Clerk shall record the amended final plat with the Clerk and Recorder of the County where the property is located.

c. Criteria for Approval. A Minor Plat Amendment shall be approved only if the application complies with the applicable standards in this UDO, other adopted City regulations, any approved Master Plan that includes the property, and any conditions specifically applied to development of the property by the Planning and Zoning Commission or City Council in a prior decision affecting the property.

a. Applicability. This process shall apply to the vacation or all or a part of a subdivision plat that does not include the vacation of improved streets that have been accepted by the City.

i. The Planning Director shall refer the application to the Director of Public Works for review of its effects on public rights-of-ways, infrastructure, utilities, and drainage systems.

ii. The Planning Director shall review and make a decision on the application.

iii. After approval, the City Clerk shall record evidence of the vacation with the Clerk and Recorder of the County where the property is located.

iv. Once a subdivision plat vacation has been approved and vacation documents have been recorded, the real estate description shall revert to that which existed prior to the recording of the subdivision plat (or to unplatted land, if specified by the plat vacation document).

c. Criteria for Approval. A partial or complete plat vacation shall only be approved if it will not:

i. Create any landlocked parcel;

ii. Restrict or affect the right of access of property owners within or abutting the subject subdivision so that access is unreasonable or economically prohibitive;

iii. Reduce the quality of public services to any property;

iv. Be inconsistent with any adopted transportation plan; or

v. Affect the ownership of land within the subdivision.

a. Applicability. This process shall apply to the vacation of all or a part of an improved public right-of-way that has been accepted by the City.

i. The Planning Director shall refer the application to the Director of Public Works for review of its effects on public rights-of-ways, infrastructure, utilities, and drainage systems.

ii. The Planning Director shall review and make a recommendation on the application, including whether the City will require payment of fair market value for the established street to be vacated, to the City Council.

iii. The City Council shall review and act to approve or deny the application.

iv. After approval, the City Clerk shall record evidence of the vacation with the Clerk and Recorder of the County where the property is located.

c. Criteria for Approval. The City Council may approve a public right-of-way vacation if it finds that the requested vacation will not:

i. Create any landlocked parcels;

ii. Restrict access to any parcel so that access is unreasonable or economically prohibitive;

iii. Vacate a public alley unless such vacation is consistent with the Comprehensive Plan and the resulting land complies with lot access and connectivity requirements per Section 146-4.5 (Access and Connectivity);

iv. Reduce the quality of public services to any property; or

v. Be inconsistent with any transportation plan adopted by the City.

4. Other Changes to Approved Final Plats. All changes to approved final plats that do not qualify as Minor Plat Amendments or a partial or complete vacation of a plat without public streets, or vacation of an established street, and all changes to approved final plats that include the relocation of roads, will require re-subdivision pursuant to Section 146-5.4.2.A (Major Subdivision). (Ord. No. 2019-49 § 1, 08-19-2019)