HomeMy WebLinkAboutA001 - Council Action Form dated June 13, 2000 ITEM # 4S
DATE 06/13/00
COUNCIL ACTION FORM
SUBJECT: AMENDMENT TO THE SUBDIVISION REGULATIONS REGARDING
WAIVER/MODIFICATION (MINOR PLAT).
ACTION FORM SUMMARY: Recently, the staff presented information to the City Council
regarding the subdivision of land (Platting 101). This presentation was an outgrowth of
recent issues the City Council has faced regarding waiving the platting requirements and
the implications of Outlot designations. The staff indicated that an amendment to the
subdivision regulations might be beneficial relative to the waiver of the Minor Plat
requirement where the only issue is the clarity of the legal description.
Staff is recommending that the attached amendment be approved.
BACKGROUND:
At the special City Council meeting of May 16,2000, staff presented information regarding
the subdivision of land. This presentation was in response to several issues the City
Council had addressed recently. These issues included:
• Minor subdivisions,
• The criteria to waive the platting requirement altogether; and
• The implications of an outlot designation.
As part of this presentation, staff indicated that the City Council might want to consider an
amendment to the Waiver/Modification provision in the regulation relative to Minor Plats.
The Council directed that staff prepare an amendment to the subdivision regulation if staff
was of the belief that an amendment would make the regulation more clear with respect
to the waiver provision.
ANALYSIS:
Attached to this Action Form is a copy of the proposed amendment to Section 23.103(2).
This amendment would enable a waiver of the requirement for a Minor Plat if all
substantive requirements of the regulation have been met, and the property owner
prepares a Plat of Survey as a means to create a clear description of the property in
question.
STAFF COMMENTS:
Staff believes this amendment is an acceptable approach to the concern that was
expressed to the City Council about the cost of a Minor Plat when the only issue was the
clarity of the legal description. This amendment will serve to lessen the cost of this
provision of the regulation.
The advantage to the City of this approach is that the infrastructure, right-of-way, and
easement needs of the City can still be obtained by a minor plat when it is determined that
easements or right-of-way is needed. If no easement or right-of-way is needed, then the
property is question is still monumented as part of the Plat of Survey, which assists the City
in the administration of zoning requirements such as setbacks.
ALTERNATIVES:
1. The City Council can pass on first reading the proposed amendment to Section
23.103(2) as proposed.
2. The City Council can deny approval of the proposed amendment to Section 23.103(2)
3. The City Council can table action on this issue and refer this proposed amendment
back to staff for revision or additional information.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative #1.
This action will approve on first reading the proposed amendment to Section 23.103(2)
related to the Waiver/Modification provision of the regulation as it relates to Minor
Subdivisions.
COUNCIL ACTION:
Attachment
2