19.12.09 Vacating or Amending a Subdivision Plat

1. Plat Amendment. The City shall follow the process outlined in Utah Code Chapter 1020 for the vacation of any public street, right-of-way, easements, or alley. 2. Applicability. This Section applies to and regulates the vacating or amending of a recorded subdivision plat in the following circumstances: a. join two or more of the petitioning fee owner’s lots; or b. vacate or alter private streets, rights-of-way, easements, or alleys, or c. adjust internal restrictions subject to the standards of this Title and applicable conditions of approval for the original plat, or d. adjust the boundary of the plat to include adjacent property to one or more lots in the existing subdivision, subject to the limitations of the State Code. 3. Standards for Residential Subdivisions. Plat amendments may be approved if: a. no new dwelling lot or dwelling results from the plat amendment; and b. the number of lots or parcels does not increase; and c. the amendment does not result in remnant land that did not previously exist; and d. the amendment does not violate conditions of approval for the original plat; and e. the amendment does not result in a violation of applicable zoning requirements; and f. if all requirements of Utah Code Chapter 10-20 are met. 4. Standards for Commercial Subdivisions. Plat amendments may be approved if: a. The amendment does not result in remnant land that did not previously exist; and b. The amendment does not violate conditions of approval for the original plat; and c. The amendment does not result in a violation of applicable zoning requirements; and d. All requirements of Utah Code Chapter 10-20 are met. 5. Application. The owners of affected lots shall file an application on an approved City form and include the following items: a. Application form, applicant certification, and paid application fee. b. Amended Plat that conforms to all of the requirements of a Final Plat as provided in section 19.12.03. c. Data table including i. total project area ii. total number of lots, dwellings, and buildings iii. number of proposed garage parking spaces iv. number of proposed parking spaces v. percentage of buildable land vi. acreage of sensitive lands and what percent sensitive lands comprise of total project area and of open space area vii. area and percentage of open space or landscaping, and recreational amenities viii. area to be dedicated as right-of-way (public and private) ix. net density of dwellings by acre (sensitive lands must be subtracted from base acreage). d. A copy of the Utah County plat map showing ownership and parcel numbers. e. File of all plans, documents, and reports in pdf format. f. Geolocated KML file or GIS Shapefile including lot line(s), lot number(s), road centerline(s), building footprint(s), open space, and sensitive lands. g. Letters from the holders of public utility easements approving the vacation or amendment of any public utility easement, unless there are no public utilities currently installed in the easement and the easement is being replaced by an equal or better easement near or in the same location. 6. Title Report. A title report shall be provided that is current within 30 days of recording the Final Plat. 7. Land Use Authority. a. The Planning Director is hereby designated as the Land Use Authority for all plat amendments involving only lot combinations or boundary adjustments, plat amendments required to formalize a variance that has been granted by the Hearing Examiner, and all other plat amendments and vacations that do not affect public or private roads, municipal utility easements as defined in Utah Code 10-20., or conditions of approval. b. The Planning Commission is hereby designated as the Land Use Authority for all other plat amendments and vacations that do not affect a public road. c. The City Council is hereby designated as the Land Use Authority for all plat amendments and vacations that affect a public road, per Section 19.12.10. 8. Planning Director Review. The Planning Director shall review all the documents to determine if they are complete and that they comply with the requirements set forth above. For plat amendments where the Planning Director is the Land Use Authority, if the Planning Director determines that documents are complete the Planning Director shall take action on the application. a. the Planning Director shall determine whether the amendment complies with the requirements of this section and this Title; and b. the Planning Director shall approve, approve with conditions, or deny the amendment. c. For plat amendments where the Planning Commission or the City Council is the Land Use Authority, if the Planning Director determines that documents are complete, the Planning Director shall schedule the plat amendment for the next available meeting. 9. Planning Commission Review and Action. a. For amendments where the Planning Commission is the Land Use Authority: i. the Planning Commission shall determine whether the amended plat complies with the requirements of this section, this Title, and Chapter 1020 of the Utah Code; ii. the Planning Commission may approve, approve with conditions, or deny the amendment; and iii. if the Planning Commission approves an amended plat, the Mayor shall sign a plat showing the alteration and direct that the plat be recorded in the office of the Utah County Recorder. b. Public Hearing. i. A public hearing shall not be held if all the property owners in the plat sign the amendment or objection has not been received within 10 days of written notice from any property owner within the proposed amended subdivision plat. ii. Notice. Prior to the public hearing, the City shall provide the notice required by Utah Code Chapters 10-20 and 52-4. The applicant shall pay the cost to post and provide notice to all service providers affected by the amendment and to all property owners within 300 feet of the application, prior to final approval. 10. Plat Amendment Not a Subdivision. A plat amendment meeting these requirements, as well as the requirements of the Utah Code, shall not be deemed a subdivision of property and shall not be required to follow the subdivision process of this Title.