§ 21.15.134. Approval of plans for commercial tracts.

A.

Authorization, permitted districts; platting authority. A commercial tract may be created and divided into fragment lots in order to facilitate construction of commercial developments requiring multiple phases of construction. Designation of commercial tracts shall be allowed only in PC, R-O, B-1A, B-1B, B-2A, B-2B, B-2C, B-3, B-4, MC, I, M1, GRST-1, or GRST-2 zoning districts. The planning and zoning commission shall be the platting authority for a commercial tract whose site plan includes a large retail or mixed use establishment. The platting board shall be the platting authority for all other commercial tracts.

B.

Procedure; changes to boundaries or site plan.

1.

Filing of application. An application for approval of a commercial tract shall be made to the platting board and shall be signed by the owners of the property involved.

2.

Contents of application. The application shall contain the following:

a.

The name of the property owner.

b.

The address of the property owner.

c.

The legal description of the property to be designated as a commercial tract.

d.

Fifteen copies of a proposed commercial tract site plan drawn to scale showing building footprints, parking areas, landscaping, driveway access to the property, site drainage and any fragment lots to be contained within the commercial tract.

e.

Proposed declarations, covenants and restrictions to be binding on property designated as a commercial tract.

3.

Action by platting authority.

a.

The platting authority shall act upon the application for approval of a commercial tract whose site plan includes a large retail establishment as part of the public hearing site plan review for the large retail establishment under section 21.50.320.

b.

Except as provided in B.3.a of this section, the platting authority shall act upon the application for commercial tract approval within 30 days following receipt of that application. If the platting authority does not reject the commercial tract application within the 30-day period, the consent of the platting authority to approval of the commercial tract as submitted shall be deemed to have been granted. this section shall not be construed to prevent the platting authority from approving with or without modification an application for commercial tract approval before expiration of the 30-day time period.

4.

Recording of site plan. Upon approval of a commercial tract under subsection B.3 of this section, the platting officer shall, after notice to the petitioner, record the commercial tract site plan as approved, together with any declarations, covenants and restrictions, with the district recorder.

5.

Conformance with site plan. It shall be unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities, on property designated as a commercial tract, unless such improvements are constructed or reconstructed in a manner consistent with the approved commercial tract site plan.

6.

Alteration of boundaries. The boundaries of an approved commercial tract whose site plan includes a large commercial establishment may be amended or altered only upon application to and prior approval by the platting authority in accordance with section 21.50.320. The boundaries of any other approved commercial tract may be amended or altered only upon application to and prior approval by the platting authority in accordance with sections 21.15.100 through 21.15.125.

7.

Amendment of site plan. Any amendment or alteration of an approved commercial tract site plan shall be made only upon approval of the platting authority as provided in this section.

C.

Division of tract. The owner of a commercial tract may divide the tract into fragment lots provided that such division is not inconsistent with the approved commercial tract site plan and recorded declarations, covenants and restrictions applicable to the commercial tract. Any property description used to divide an area of the commercial tract into a fragment lot shall not be considered a lot or tract under the terms of this title or title 23, but shall be otherwise a lawful lot or tract. Any fragment lot created under this section shall contain the minimum area, width and depth otherwise required for lots in the zoning district in which the fragment lot is located.

(AO No. 82-16; AO No. 91-34; AO No. 91-90(S); AO No. 2002-60, §§ 1—5, 7-16-02; AO No. 2006-36, § 1, 3-14-06; AO No. 2008-6, § 3, 1-22-08)