[Ord. No. 24-048, 7-1-2024]
In planning and developing a subdivision the developer shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Section 410.070 and with the rules and regulations and concerning required improvements set forth in Article VI in these regulations, and in every case shall pursue the following procedure.
[Ord. No. 24-048, 7-1-2024]
A.
Submission Of Sketch Plat. In order to minimize development planning
costs, avoid misunderstanding and ensure compliance with the requirements
of this Chapter, the developer or his/her engineer may submit in person
a sketch plat to the Planning and Development Department and consult
with representatives from the Planning and Development Department
and Public Works Department prior to submitting a formal application
for a preliminary plat. The sketch plat shall include a general layout
showing the location of existing dwellings, designated floodplains,
natural or manmade water features, timbered areas, the location of
proposed streets, roadways, alleys, common areas, parks, stormwater
detention basins, lots and other community facilities. The sketch
plat shall be reviewed to determine the requirements necessary for
preparation of the preliminary plat and so the applicant can acquaint
himself/herself with the Planning and Zoning Commission's requirements.
The sketch plat is conceptual in nature and does not require detailed
finished plans. If the sketch plat is for a project of significant
size and density, the Community Development Director, at his/her discretion,
may require the developer/applicant to submit a copy to the Planning
and Zoning Commission for review.
B.
Required Scale. The sketch plat shall be drawn at a scale no greater
than one hundred (100) feet to the inch and which is in increments
of ten (10) feet.
[Ord. No. 24-048, 7-1-2024]
A.
Plat Conformity. The preliminary plat shall generally conform with
the approved sketch plat.
B.
Application And Required Scale. The developer or his/her engineer
shall prepare and submit to the Planning and Development Department
a preliminary plat application along with an electronic copy, and
all other required supplemental material as set forth in this Title.
The plat shall be drawn at a scale no greater than one hundred (100)
feet to the inch and which is in increments of ten (10) feet.
C.
Initial Submission Deadline. Once all the preliminary plat application
requirements have been satisfied the preliminary plat will be considered
at the next available Planning and Zoning Commission regular meeting
for recommendation to the Board of Aldermen. Applications for a preliminary
plat and all supplemental materials shall be submitted to the Planning
and Development Department no later than the deadline on the calendar
adopted by the Planning and Zoning Commission annually. Applications
that are timely submitted and approved will be considered at the Planning
and Zoning Commission meeting in the month following submission.
D.
Review Fees. A fee shall be charged for each application filed. This
fee shall be established by the then-current Fee Study adopted by
the Board of Aldermen.
[Ord. No. 24-048, 7-1-2024]
A.
Staff Review. The preliminary plat shall be reviewed by the Planning
and Development Department, the Public Works Department, and any necessary
third party reviewers to determine its conformity with the City of
Ozark ordinances, the Comprehensive Plan, and the plat is in compliance
with all applicable County, State and Federal laws and regulations.
B.
Staff Comment Report. The reviewers shall prepare a report that outlines
comments, concerns, considerations and recommended revisions to the
preliminary plat. A copy of the report will be provided to the applicant
and/or his/her engineer within ten (10) business days after the submission
of the completed preliminary plat application so comments can be addressed
and revisions, if any, to the preliminary plat can be made.
C.
Final Review Approval. Following the staff review and comment process,
a final version of the revised preliminary plat and all supplemental
material that address staff comments must be approved by reviewers
by the deadline on the calendar adopted by the Planning and Zoning
Commission annually.
[Ord. No. 24-048, 7-1-2024]
A.
Planning And Zoning Commission Review. The Planning and Zoning Commission
will review the preliminary plat and supplemental materials to determine
if the plat meets the standards set forth in this Title.
B.
Planning And Zoning Commission's Recommendation. The Planning
and Zoning Commission shall recommend approval, approval with modifications,
or disapproval to the Board of Aldermen the preliminary plat within
one hundred twenty (120) days from and after the meeting at which
the preliminary plat was submitted. The Planning and Zoning Commission
will clarify to the applicant or his/her representative attending
the meeting what action, if any, was taken by the Planning and Zoning
Commission, specifying what changes or additions, if any, will be
required prior to final review and approval of the preliminary plat.
If the Planning and Zoning Commission within the one hundred twenty
(120) day time period takes no action, the preliminary plat shall
be deemed to be disapproved by the Planning and Zoning Commission.
The one hundred twenty (120) day period for Planning and Zoning Commission
action may be extended upon written request of the applicant.
C.
Planning And Zoning Commission's Recommendation Of Approval
With Conditions.
1.
Any conditions to the preliminary plat required as prerequisites
for approval shall be noted in the minutes of the Planning and Zoning
Commission's public hearing. A list of required conditions will
be sent to the applicant or his/her engineer within ten (10) business
days so the preliminary plat can be revised and resubmitted to the
Planning and Development Department prior to the Board of Aldermen
hearing for approval.
2.
The revised preliminary plat must be received by the Planning
and Development Department prior to being placed on the Board of Aldermen's
agenda.
D.
Planning And Zoning Commission's Recommendation Of Denial Of
A Preliminary Plat. If the Planning and Zoning Commission do not recommend
approval or approval with conditions of the preliminary plat, the
Commission shall provide a statement of the reasons for such action
and return it to the applicant within ten (10) business days of the
action. The grounds for denial of any preliminary plat submitted or
regulations violated by the plat shall be set forth in the minutes
of the Planning and Zoning Commission meeting.
E.
Resubmission Of A Denied Preliminary Plat. If, after denial, the
applicant elects to resubmit a revised preliminary plat for further
consideration, the applicant must do so within ninety (90) days from
the date of the Planning and Zoning Commission's denial.
1.
In the event that the Planning and Zoning Commission does not
recommend approval or approval with conditions of the preliminary
plat, the applicant may proceed through the process and submit a revised
preliminary plat to the Board of Aldermen within ninety (90) days
from the date of the denial. In such event the Planning and Zoning
Commission shall forward their recommendation to the Board of Aldermen
along with their reasoning and supporting information.
F.
Board Of Aldermen Approval Of Preliminary Plat. The preliminary plat
shall be forwarded to the Board of Aldermen with the Planning and
Zoning Commission's recommendation and the Board of Aldermen
may approve said plat. The Board of Aldermen shall determine if the
land or easement proposed to be dedicated by the applicant for public
use or if the public improvements shall be accepted by the City. If
the Board of Aldermen determines that the location of the land to
be dedicated for public use or the location of public improvements
is appropriate and complies with applicable ordinances then the Board
of Aldermen shall authorize the acceptance of the dedication of the
land or easements upon the applicant filing and recording a final
plat which substantially conforms to the preliminary plat and shall
authorize the acceptance of the public improvements upon the Director
of Public Works certifying to the Community Development Director and
the City Clerk that the public improvements have been made in accordance
with City standards and specifications.
1.
No person shall present testimony to the Board which is substantially
and materially different from that presented to the Commission at
its hearing on the matter, and no exhibit will be accepted by the
Board that has not been presented to the Commission at its hearing
on the matter. However, this Subsection is not intended to prevent
the introduction of new testimony, new exhibits, or other new evidence
when there is a clear showing, as determined by a majority of Aldermen,
that the introduction of such evidence before the Commission was not
in good faith reasonably possible.
2.
Should a person present testimony that is substantially or materially different from that presented to the Commission at its hearing on the matter or should an exhibit be offered that has not been presented to the Commission at its hearing on the matter, subject to the exception contained in Subsection 410.170(F)(1), any person on the opposing side of the matter before the Board may claim prejudice from such presentation or offering, and the Board shall upon such a claim have sole discretion to determine whether the person claiming prejudice has in fact been prejudiced from such presentation or offering. Upon a determination that prejudice exists, the Board shall refer the matter back to the Commission for a new notice and hearing.
G.
Effect Of Preliminary Plat Approval. Approval of a preliminary plat
by the Planning and Zoning Commission and Board of Aldermen constitutes
approval of the subdivision as to the character and density of development,
the arrangement, location and approximate dimension of streets, lots,
utility easements, detention basins and other planned features and
authorizes the applicant to proceed to prepare sedimentation and erosion
control plans; submit an application for a land development/land disturbance
permit; and proceed with the preparation of construction drawings
for Public Improvement Plans, including, but not limited to, streets,
potable water, sanitary sewer and stormwater infrastructure specifications.
1.
Approval of the preliminary plat shall not authorize the sale
of lots or the construction of buildings or public improvements, nor
shall it constitute acceptance by the City of Ozark of any dedicated
improvements anticipated in the preliminary plat.
[Ord. No. 24-048, 7-1-2024]
The approval of a preliminary plat shall remain effective for
a period of twelve (12) consecutive months from the date of approval
or the last inspection of the public improvements. If the applicant
fails to submit a final plat within the said twelve (12) month period
and the applicant is not actively in the process of completing the
public improvements, the authority granted by the approval of the
preliminary plat shall automatically expire. The Community Development
Director, or his/her designee, has the discretion to extend the effective
period of the preliminary plat approval. In the event that the applicant
desires to continue development, a new application for preliminary
plat shall be required.
[Ord. No. 24-048, 7-1-2024]
A.
The preliminary plat, shall include, but not be limited to, the following
features and information:
1.
Name And Code. The proposed name of the subdivision which shall
not duplicate or closely approximate the name of any other subdivision
in the City of Ozark or of any subdivision filed in Christian County.
2.
Designation. The tract designation according to real estate
records of the Recorder of the County where located.
3.
Owners Of Record. The names and addresses of the owner or owners
of record, the developer, and the engineer or surveyor.
4.
Abutting Owners. The name of adjacent subdivisions and the names
of record owners of adjacent parcels of unplatted land.
5.
Boundary Lines. The boundary lines, accurate in scale, of the
tract to be subdivided. To reduce clutter during review, the above
items may be lighter in color than the prominent items required on
this plan.
6.
Lot Information. The plat shall indicate the area, lot size,
proposed setbacks and exact location and distance of all structures
and other physical improvements in relation to proposed lot lines.
Each lot should bear sequential numbering.
7.
Proposed Layout And Legal Description. The legal description
of the entire site to be subdivided, including acreage in tract, boundary
and easement lines, locations and dimensions and bearings of newly
created tracts, parcels or lots that are part of the subdivision shall
be shown on the preliminary plat. The dimensions and location of all
arcs-radii, points of curvature, tangent boundaries, and other pertinent
survey information necessary to an accurate description and location.
Survey data shall meet all applicable portions of the current Missouri
Standards for Property Boundary Surveys as promulgated by the Department
of Agriculture, Division of Weights and Measures, and Consumer Protection.
All survey datum shall be vertically tied to the NAVD 88 datum and
shall graphically show a horizontal tie to two (2) subdivision corners
bearing and distance from the nearest published GRS monument which
name and/or designation number, date of adjustment and coordinates
shall be noted.
8.
Curve Data. When a boundary, easement, lot or street is on a
circular curve, data shall be shown in place or on an included curve
table. Curve data shown shall consist of at least the following: Curve
number/name if table is used; delta or central angle; radius; arc
length; chord length and bearing.
a.
When curved lot lines are concentric to the centerline of the
street it shall be noted as such on the preliminary plat.
b.
Non-tangent curves shall be noted in place or in the curve table
and shall show central angle rather than delta; Bearing from radius
point to point of curvature and all other curve components mentioned
above.
9.
Streets — Other Features. The location, widths, right-of-way,
centerline, and names of all existing or platted streets or other
public ways within or adjacent to the tract and other important features
such as existing permanent buildings; large trees and watercourses;
railroad lines; corporation and township lines; utility lines, etc.
a.
If private streets are proposed, then they shall be constructed
to the City of Ozark public street requirements, following the Public
Works Design Standards.
10.
Existing Utilities. Existing sewers, water mains, culverts and
other underground structures within the tract and immediately adjacent
thereto with the easement details, pipe sizes, and grades indicated.
11.
Physical Characteristics. Topography; contours, normally with
intervals of five (5) feet or as may be otherwise required by the
Planning and Zoning Commission.
12.
Soils. Type and extent of soil groups with main soil horizon
description.
13.
Geology. Location, type and extent of subsurface and exposed
geological formations.
14.
Subdivision Sign And Sign Easement. A sign shall be required
for all major subdivisions of land. Indicate the location for the
proposed subdivision sign easement at the main entrance of the subdivision.
The sign easement shall be located outside of public right-of-way,
site triangle and other easements, following the Public Works Design
Standards.
15.
Proposed Design — Street, Drainage, Etc.
a.
The layout, names, cul-de-sacs, and, widths of proposed streets,
alleys, sidewalks and easements.
b.
Two (2) public road connections to public right-of-way for proposed
subdivisions that will have more than thirty (30) lots.
(1)
If there exists a hardship which prevents two (2)
connections from the property to be subdivided to existing public
right-of-way, then a subdivision plat with one (1) connection from
the applicant's property to existing public right-of-way may
be considered for approval by the Planning and Development Department.
In addition, the approved access shall meet the requirements of the
adopted International Fire Code.
(2)
The hardship shall only be considered due to unobtainable
access through neighboring properties based on existing adjoining
development, or the shape, topographical conditions, and environmental
features that would prevent the access.
c.
The location of any trail and easement identified in the Ozark Trails Master Plan, see Section 410.510.
d.
The location of sight triangle at street intersections, per
the Public Works Design Standards.
e.
The location and approximate sizes of catch basins, retention
basins, culverts and other drainage structures.
f.
The layout, numbers and approximate dimensions (including approximate
square footage) of proposed lots.
g.
Proposed street names shall be established to the satisfaction
of the Planning and Zoning staff representative and the approval obtained
from the Christian County Emergency Services representative and shall
not duplicate or closely approximate any existing or platted street
names in the City, except extensions of existing streets.
h.
Proposed subdivisions shall show right-of-way for future connections
to undeveloped property, to ensure connectivity of roadways.
16.
Proposed Elements. All proposed right-of-way for streets and
all easements for drainage, sewer, water and other utilities planned
to be within the tract, and immediately adjacent thereto.
17.
Zoning. Zoning boundary lines if any; proposed uses of property
and setback lines.
18.
Corner Lots. Corner lots shall comply with front yard setback requirements for the applicable zoning regulations as set out in Chapter 405.
19.
Adjacent Property Zoning. Identify the existing zoning district
of the adjacent property.
20.
North Point, Etc. North point, scale, date, title. Both magnetic
north and true north shall be indicated with the declination also
shown.
21.
Scale. The preliminary plat shall be drawn at a scale no greater
than one hundred (100) feet to the inch and which is in increments
of ten (10) feet
22.
Vicinity Sketch. A vicinity sketch at a scale of four hundred
(400) feet or more to the inch shall be drawn on or shall accompany
the preliminary plat. The sketch shall show the nearest existing highways
or thoroughfares, streets and alleys in neighboring subdivisions or
unplatted property involved in producing the most advantageous development
of the entire neighborhood and the section, range and township.
23.
Environmental Features.
a.
Floodplains, Etc. The extent and location of floodplains, floodways
or other waterways of record; elevations of which, shall be based
on applicable Flood Insurance Studies, Flood Insurance Rate Maps,
Flood Boundary and Floodway Maps.
b.
Wetlands. The extent and location of wetlands must be shown,
the location of which shall be based on the latest data from the National
Wetland Inventory.
c.
Sinkholes. The extent and location of sinkholes must be shown,
the location of which shall be based on the latest data from the Christian
County Assessor's Department, a report conducted by a Geotechnical
Engineer, or a source approved by the Public Works Department Administrator,
or their designee. Any sinkhole and its associated "No Build" buffer
zone shall follow the Public Works Design Standards.
24.
Dedicated Property. An accurate outline of all property which
is offered for dedication for public use and of all property that
may be reserved by covenant in the deeds for the common use of the
property owners in the subdivisions, with the purpose indicated thereon.
All lands dedicated to the public use other than streets or roads
shall be marked on the plat and within the plat notes: "Dedicated
for Public Use" and "owned and maintained by the Homeowners'
Association or owners of all lots within the subdivision. In the event
the Homeowners' Association dissolves, the responsibility and
ownership will revert to the property owners within the subdivision."
25.
Survey Acknowledgement. The name and license number of the Professional
Land Surveyor or holder of a Corporate Survey License who provided
the boundary information for the preliminary plat, and the date of
usage conformation shall be noted on the plan.
26.
Notes And Related Information. Notes pertaining to particular
items such as:
a.
Total area;
b.
Total number of lots;
c.
Smallest/largest lot;
d.
Setback minimums;
e.
Class of property;
f.
Current zoning;
g.
Source of title;
h.
Floodplain details;
i.
Buffer yard details, if applicable;
j.
Standard right-of-way details;
k.
Horizontal and vertical datum basis; and
l.
Access limitations.
27.
All preliminary plats shall be provided as an AutoCAD dwg file
and shall be on U.S. State Plane 1983, Missouri Central 2402 Zone
[NAD 1983, CONUS] coordinates.
B.
The following list of supporting documents are required with preliminary
plat applications, shall include, but not be limited to, the following.
