§ 403.050. Platting., Chapter 403. Development Review Procedures, Unified Development Code, Code of Ordinances, Blue Springs

Overview/Applicability. Platting is a process where a proposed division, or partition of land and property interests therein, is reviewed to ensure: development patterns in compliance with long-range comprehensive plans; coordinating infrastructure with existing, future and potential capital improvements; and that all lots are buildable, served with adequate public facilities, and capable of meeting the zoning and development standards. The platting process involves two (2) steps - the preliminary plat where the general design, arrangement and parameters of subsequent development are proposed, and the final plat, where specific and technical engineering, design and planning elements are reviewed. Platting shall be required for any division of land into two (2) or more parcels or units, or development on one (1) or more contiguous parcels not previously platted, or for development that involves construction of any public improvements that are to be dedicated to the City, except that the following shall not require platting:

The division of any parcel or tract of land when the smallest parcel created is greater than forty (40) acres;

Land taken or used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, State or Federal regulations where no new street or easement of access is involved, or for a cemetery;

The development of any lot, parcel or tract of land located within the area governed by this Development Code that was subdivided, resubdivided or replatted prior to January 21, 1980. However, any further resubdivision of lots, interests in real property, parcels or tracts must be done in accordance with this Development Code;

Agriculture (limited or general) uses on a site of at least forty (40) acres.

Preliminary Plat Review Criteria. A preliminary plat shall be reviewed according to the following criteria:

The application is in accordance with the Comprehensive Plan and any official plan or program developed under the guidance of the Comprehensive Plan. In particular the physical patterns, arrangement of streets, blocks, lots and open spaces, and public realm investments reflect the principles and concepts of the plan.

Compliance with the requirements of this Development Code. In particular the blocks and lots proposed are capable of meeting all development and site design standards under the existing or proposed zoning.

Any phasing proposed in the application is clearly indicated and demonstrates a logical and coordinated approach to development, including coordination with existing and potential development on adjacent property.

Any impacts identified by specific studies or technical reports, including a preliminary review of storm water, are mitigated with generally accepted and sound planning, engineering, and urban design solutions, that reflect long-term solutions and sound fiscal investments.

The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan.

The design does not impede the construction of future public infrastructure within the area.

The recommendations of professional staff.

Effect Of Approval. Approval of the preliminary plat shall constitute acceptance of the overall planning concepts for the subdivision and is a prerequisite for the filing of a final plat. After approval of the preliminary plat the applicant may proceed with the construction plans and submit the proposed final plat for review and approval.

Lapse Of Approval. If no final plat of a subdivision for which preliminary plat approval has been given is submitted within two (2) years of the date of preliminary plat approval, such preliminary plat may be renewed for one (1) additional two-year period upon application to the Planning Commission before expiration of the prior approval. If such preliminary plat is not renewed or a final plat recorded, a resubmittal and review of the preliminary plat shall be required.

Construction Plans. After approval of the preliminary plat and prior to or concurrently with submittal of the final plat, the applicant shall submit detailed construction plans in accordance with the requirements of this Subsection.

Construction plans shall be prepared and sealed by an engineer, licensed in the State of Missouri, for streets, utilities, and other public improvements required within the proposed subdivision.

At least four (4) complete sets of construction plans, including a sidewalk layout plan, shall be submitted to the Director of Public Works in a form established by the City, along with a non-refundable fee that has been established by the City to defray the cost of processing the submittal. No submittal shall be processed until the submittal is complete and the required fee has been paid. A landscape plan shall be submitted with the construction plan and shall be forwarded to the Community Development Director for review.

The Director of Public Works shall review construction plans to determine if the plans comply with all of the standards and specifications set forth in this Development Code and other City regulations. If the Director of Public Works determines that the construction plans do not comply with applicable standards, the Director of Public Works shall require that modifications be made to bring the construction plans into compliance with such regulations and standards. After conducting a complete review of the construction plans, the Director of Public Works shall approve or deny the application for construction plans approval. The Director of Public Works shall then give notice of the action taken to the applicant and the Director of Community Development. Improvements to be made under the jurisdiction of other public service providers, municipal, County or State agencies shall be submitted to the appropriate agency for review and approval. Where review and approval of engineering drawings is required by such agency, the Director of Public Works shall be given written confirmation in a form as approved and acceptable by such Director that the necessary reviews have been completed and approvals have been granted.

Five (5) days prior to commencing construction activities the applicant shall submit to the Director of Public Works and to all approving agencies and to public utility companies that will provide service to the subdivision, a general schedule of the timing and sequence for construction of all required improvements.

No grading, removal of trees or other vegetation, land filling, construction of improvements, or other material change, except for the purpose of aiding in preparation of final engineering drawings or plans, shall commence on each plat or phase of a plat of the subject property until the developer has:

Received written approval of the construction plans and construction permit from the Director of Public Works; and

Obtained necessary approvals and permits from other affected municipal, County, State, or Federal agencies.

Development In Phases. When a subdivision is to be developed in one (1) or more phases, developers shall install public improvements or post financial guarantees as approved by the City for each phase. The City may require public improvements to be installed or financial guarantees to be posted for areas beyond an individual phase if the City determines that such improvements or guarantees are necessary to ensure the relative self-sufficiency of the development phase, pending completion of the entire subdivision.

Bond Requirements. A maintenance bond in an amount equal to one-half (1/2) the cost of construction and satisfactory to the City Attorney shall be posted with the Director of Public Works or their designate, guaranteeing against defects in construction of storm sewers, streets, sanitary sewers, and waterlines for a period of two (2) years. The contractor shall be responsible for all settlement of backfill, fills and embankments, which may occur within two (2) years of time after final acceptance of the contract under which the work was performed.

As-Built. As-built construction plans shall be prepared and sealed by a land surveyor licensed in the State of Missouri upon completion of all public improvements as shown on the approved construction plans and prior to acceptance by the City of Blue Springs.

Public Utilities. As-built drawings shall contain state plane coordinates of all manholes, clean-outs, catch basins, field grates, head walls, valves, fire hydrants, water meter pits, curb stops, etc. As-built drawings shall also contain significant changes to the following:

(1)

Sanitary sewer:

(a)

Lengths, inverts, rim elevations, pipe material (labeled "as shown on approved construction plans"), and percent grades.

(b)

Locations (by station number and offset and state plane coordinates) of all sanitary sewer main appurtenances (manholes, clean-outs, etc.).

(2)

Storm sewer:

(a)

Lengths, inverts, rim elevations, pipe material (labeled "as shown on approved construction plans"), and percent grades.

(b)

Locations (by station number and offset and state plane coordinates) of all storm sewer appurtenances (catch basins, manholes, field grates, centerline information for paved ditches, headwalls, etc.).

(3)

Water:

(a)

Depth to the top of the water valve nuts for all water valves.

(b)

Locations (by station number and offset and state plane coordinates) of all water main appurtenances (valves, fire hydrants, water meter pits, curb stops, etc.).

Detention Basins And Stormwater Quality Features. An official drainage plan is required. The official drainage plan shall be a final approved as-built grading plan of the subdivision or commercial development. This plan is required to verify that the contour changes of the subdivision or development shown on the approved grading plan have been constructed in accordance with the plan. The as-built grading plan shall be prepared prior to the construction of any homes or buildings within the subdivision or commercial development. Any deviations from the grading as shown in the approved grading plans shall be shown in red with the original grading shown in black.

(1)

Locations (by station number and offset and state plane coordinates) of all inlets and outlet structures, spillways, etc. Elevations shall be provided for all items. Orifice diameters shall be provided.

(2)

Topography of the basin and downstream flow channels shall be shown. The design and as-built volumes of the basin shall be listed in cubic feet.

(3)

The as-designed information shall be shown in black, while the as-built information shall be shown in red with the as-designed information being struck out with a single line. The as-built location of improvements shall be graphically shown in both plan and profile views in red.

(4)

All subdivision boundary corners shall also be tied to the Missouri State Plane Coordinate System and labeled with a northing and easting as well as center-line intersections, cul-de-sac center points and offsets and off-site easement center lines where requested.

Digital copies of all as-built plans shall also be submitted in AutoCAD and PDF formats, or such other format as required by the Director of Public Works, with both design and as-built information shown as described above. AutoCAD layouts shall be provided allowing for the reproduction of a complete set of plans as needed.

Public Improvements Or Performance Guarantees, And Property Owners' Associations Or Homeowners' Associations. Prior to approval of a final plat, the developer shall install all required public improvements, including, but not limited to, roads, water, sanitary sewer, and stormwater infrastructure, or post a financial guarantee of performance in a form established by the City (performance guarantees), as approved by the Director of Public Works for non-life-safety items, such as sidewalks or landscaping, which are delayed by weather, and form or cause to be formed a Property Owners' Association or Homeowners' Association in accordance with Section 406.080.

[Ord. No. 4625 § 2, 11-21-2016; Ord. No. 4723, 3-19-2018]

Final Plat Review Criteria. A final plat shall be reviewed according to the following criteria:

The layout and design of the final plat is in substantial compliance with the approved preliminary plat considering the number of lots or parcels; the block layout, street designs and access; the open space systems and civic design elements; the infrastructure systems; or other elements of coordinated developments.

The construction plans meet all technical specifications.

The phasing and timing of public improvements ensures construction and performance guarantees.

Any deviations in the final plat brings the application in further compliance with the Comprehensive Plan and the purposes and intent of this Code.

Covenants meeting the City's approval and containing all requirements of the UDC are approved by the City Attorney's office.

The recommendations of professional staff.

Effect Of Decision. Approval of a final plat shall not constitute acceptance of public improvements. Such acceptance will require separate, formal action of the City Council. If the final plat is approved by the City Council by ordinance, the City Clerk shall within ten (10) days sign the final plat signifying approval by the City Council, the date of approval and the date on which the City Clerk signs the certificate. Approval of a final plat shall authorize the applicant to record the plat in the office of the Recorder of Deeds for Jackson County, Missouri. No lot within the subdivision may be sold until the final plat has been approved by the City Council and any conditions placed on such approval have been complied with or completed, and the plat has been officially recorded by the County Recorder of Deeds. If the proposed final plat is disapproved, the Director of Community Development shall, within ten (10) days, notify the developer, in writing, of the action and the reasons therefor and return the final plat to the developer.

Final Plat Expiration — Revocation Of Approval. If the developer fails to record a final plat with the Jackson County Recorder of Deeds within twelve (12) months from the date of final plat approval, the City Council shall require the developer to explain extenuating circumstances preventing recording of the plat. If the City Council determines that an extension of time for recording would serve the best interests of the City of Blue Springs, it may grant up to one (1) extension for a period not to exceed six (6) months. If the City Council determines that an extension of time for recording would not serve the best interests of the City of Blue Springs, then the City Council shall formally revoke its approval of the final plat and notify the developer and the Jackson County Recorder of Deeds of such action.

Digital Plat Submission Standards And Procedures.

When final plat application is filed with the Community Development Department, the applicant shall submit a digital file of the plat in addition to the required paper copies of the plat. The digital file shall be submitted with the application and again at the time of the submission of signed copies of the final plat for recording. The file shall be on a computer diskette or media which is acceptable to the City's GIS Division.

The submission of digital plat files shall conform to the formatting standards, layering system and text styles of the GIS Department. Where a digital file contains errors or does not fully comply with City standards, the applicant shall make corrections and resubmit the file prior to the final plat being recorded.

Subdivision Of Land Being Redeveloped Seeking Deviations, Modifications And/Or Waivers Pursuant To Section 403.140. Pursuant to Section 403.140 of this UDC, redevelopment [as the term is defined in Section 403.140(D)(2)] seeking deviations, modifications and/or waivers pursuant to Section 403.140, which requires platting or replatting, shall comply with the procedures for submission of plats and review and action thereon set forth in Section 403.140(I).

Administrative Plats. Administrative plat procedures provide an expedited review and approval for minor adjustments to legal boundaries, easements, and title of property for proper recording. These adjustments have little or no impact on public facilities and infrastructure, ownership and development patterns and are otherwise determined to be in accordance with the City's long-range development plans.

Applicability. Administrative plats may be filed for the following adjustments to property:

Lot Line Adjustments. An adjustment to a previously platted lot affecting no more than four (4) lots and results in no additional lots.

Revised Final Plat. Revisions to a previously approved final plat that are due to field conditions that could not have been reasonably anticipated or discovered at the time of the plat, or are due to a development program in the final plat that required construction activity to determine the final legal description. Revised final plats shall result in no additional lots and no change to the development patterns and concepts in the final plat.

Minor Subdivision. The combining of two (2) or more lots into one (1) lot or the division of a parcel into no more than three (3) lots, where no portion of the lots or remaining parcel have been subject to a previous minor subdivision and public improvements are not required.

Condominium Minor Plat. The subdivision of an existing structure into fewer than three (3) units.

Criteria. Administrative plats may be approved upon a finding that:

The application meets the applicability criteria for an administrative plat;

The application involves no adjustments to the layout of existing public streets or public areas, but may involve additional right-of-way along existing streets or public areas;

The resulting ownership patterns are consistent with those in the area, or those demonstrated in a previously approved final plat or the Comprehensive Plan;

The application meets all of the applicable purpose and intent statements in this Code;

All resulting lots conform to the standards of this Code and result in building lots;

The review and recommendation of any other City staff or impacted agencies;

The application will not create any negative influences on the existing or potential development of adjacent property considering the existing zoning or Comprehensive Plan policies for the property; and

All resulting condominium units or lots have access to utilities in a manner approved by the utility and if required by a utility, separate metering or an approved metering method for use of utilities.

Approval Process. A pre-application conference is required. Administrative plats shall be submitted on forms required by the Community Development Director and contain all information required by the forms. Within fifteen (15) days of submission of a complete application the director shall take one of the following:

Approve the application;

Deny the application and state specific reasons; or

Refer the application to the Planning Commission if at any point the Director determines that the application does not meet the applicable or review criteria. Such referral may be considered an application for a preliminary plat.

Effect Of Decision. The decision of the Director shall be construed as the final decision and shall be made in writing. Approval of the application is valid for up to one (1) year, and shall be recorded at the County Recorder of Deeds office after it is properly signed and acknowledged by appropriate parties. Any application not recorded within one (1) year shall be void.