It is the intent of the City of Lodi that land
be developed in harmony with the following policies agreed to in the
Comprehensive Plan, Zoning Code, Official Map, and other applicable
municipal codes. Other general objectives of this chapter include:
A. To plan the location and/or timing of new development
to make it efficient, to reduce public costs and to encourage separation
and distinction between municipalities.
B. To direct and stage new growth only in those areas
planned and programmed for development and capable of providing a
full range of urban services, including transportation and schools.
C. To discourage scattered development and urban sprawl.
D. To ensure that land uses complement rather than conflict
with natural features, such as rolling topography, trees, creeks,
ponds and rock formations.
E. To encourage preservation of open space and aesthetic
quality in development.
F. To promote and maintain balanced commercial activity
that is viable and responsive to the needs of the community and the
surrounding market area.
G. To encourage development in the City with balanced
residential, commercial, industrial, and open space use and public
services.
[Amended 10-3-2006 by Ord. No. A-359]
In the case of all subdivisions within the City, including minor subdivisions, lot sizes shall conform to the area and width requirements of the Zoning Code. Lot sizes for extraterritorial land divisions or subdivisions shall be governed by §
300-7.1.
[Added 10-3-2006 by Ord. No. A-359]
In addition to complying with all other standards
and requirements of this chapter, subdivisions and minor subdivisions
within 1 1/2 miles of the corporate limits of the City shall comply
with the following procedures and standards:
A. At the start of City review of such subdivisions,
the City Attorney or legal counsel shall advise the Plan Commission
as to the regulatory standards of this chapter that can legally be
applied in light of current statutory and case law, and only those
regulatory standards shall be applied.
B. The following standards addressing appropriateness
of land use shall apply to all subdivisions and land divisions in
the extraterritorial jurisdiction established by this chapter:
(1) Based upon consideration of applicable plans and zoning,
the stated intent of the applicant (a statement of intent as to land
use shall be a required part of the application for City approval),
and other relevant information, the Plan Commission shall adopt a
finding of probable use for the lots, outlots and land dedications
proposed to be created.
(2) As a mandatory precondition of approval, the Common
Council, upon advice from the Plan Commission, shall affirmatively
find that the probable use or uses identified by the Plan Commission
are compatible with present and projected uses of nearby lands, and
reasonably consistent with planned land use patterns, and that the
projected development represents logical, sequential land use transition,
and that agreements are in place between the subdivider-developer
and all relevant agencies and entities that have responsibility for
providing the proposed development with public services and utility
services by which services will be extended and public and utility
costs within and beyond the proposed subdivision will be recovered.
(3) If the findings called for in Subsection
B(2) cannot be made, the City shall deny approval of the proposed subdivision or minor subdivision, unless the size of all parcels in the proposed subdivision or land division is 20 acres or larger.
For purposes of this section, the term "review
costs" means any costs incurred by the City for attorneys, engineers
or other consultants to review preliminary plats, final plats, certified
survey maps, or any other documents permitted or required to be filed
with or submitted to the City under this chapter; to prepare, negotiate
or review legal, engineering or other documents that are prepared
or filed in connection with any development for which any such plat
or certified survey map is submitted; and to correspond or confer
with each other, City officials, subdividers, owners and their representatives
in connection with such development. Review costs shall be borne by
the subdivider. The City reserves the right to require an escrow fund
to be established, on terms approved by the City, and to require the
subdivider to deposit therein funds sufficient to cover anticipated
review costs. All known review costs shall be paid by the subdivider
prior to the City issuing any approvals or permits requested under
this chapter. Issuance of a permit shall not, however, be considered
a waiver by the City of its right to be paid for review costs whether
known or unknown at the time the approval or permit was issued.