HomeMy WebLinkAboutA002 - Council Action Form dated January 27, 2004 ITEM # /8
DATE 01/27/04
COUNCIL ACTION FORM
SUBJECT: A TEXT AMENDMENT TO THE SUBDIVISION ORDINANCE TO ALLOW
ADMINISTRATIVE APPROVAL OF MINOR LOT LINE ADJUSTMENTS.
BACKGROUND:
Occasionally, staff receives requests for "Minor Lot Line Adjustments" from neighboring
property owners. These requests occur within the city limits, as well as outside the city
limits, within the City's two-mile jurisdiction area. An example of such a request was the
Rogers property, generally located northwest of the Ames' city limits, north of 199th Street,
east of North Dakota Avenue (see attached Plat of Survey). With this request, the property
owners own both existing lots (Lots 2 and 3 of Northwood Heights Subdivision, 2"d
Addition). The property owner's home is constructed on Lot 2. Lot 3 is currently
undeveloped. At this time, the property owners would like to sell Lot 3, however, a recently
constructed garage on Lot 2 is built too close to the existing lot line and does not meet the
setback from the lot line that separates Lot 2 from Lot 3. Therefore, the property owners
want to simply adjust the lot line so that the existing garage does not encroach on the
required setback. The property owners were proposing to do this through a plat of survey,
which would slightly relocate the property line separating Lot 2 and Lot 3, creating two new
parcels (Parcels C and D). However, the current Subdivision Ordinance of the City of Ames
requires that this minor adjustment be classified as a Major Subdivision. A Major
Subdivision requires the installation of public infrastructure (streets, sewer,water, sidewalk,
street lights, etc.) when these improvements are not already present. The cost of these
improvements makes minor lot line adjustments, such as this one, nearly impossible for
property owners.
Currently, there is no provision in the City's Subdivision Ordinance allowing exceptions
from the Major Subdivision requirements for minor lot line adjustments. Many communities,
such as Ankeny, Johnston, Urbandale, Clive, Des Moines, to name a few, do allow for
minor lot line adjustments in their Subdivision Ordinance. Staff believes that a similar
provision should be included in the City's Subdivision Ordinance, as well. Additionally,
although the City's ordinance defines the term "subdivision" more restrictively than the
state law so as to apply to any division of land into two or more parts (state law defines
"subdivision" as three parts) and a division by"plat of survey" is covered by that, it would be
good to make an explicit statement in the ordinance to that effect. Therefore, staff is
proposing the following text amendment:
23.102(2)(b) These Regulations govern any plat for subdivision of any
area of land within the City or outside the City but within two miles of the
City boundaries, including any plat of survey, within Story County, Iowa
or Boone County, Iowa
23.301(5)(d) City staff may classify a proposed adjustment of lot lines
between owners of contiguous officially platted lots as a minor
subdivision if.
(1) No more than the same number of lots or a fewer number of lots
exist after the adjustment,
(2) The lots resulting from the adjustment conform to the then current
requirements of the zoning ordinance of the City and the subdivision
regulations of the City, and,
(3) Such adjustment of lots lines is not contrary to the goals and
objectives of the Land Use Policy Plan of the city, or the Transportation,
Parks Master Plan, or any other plan, regulation or ordinance of the City
of Ames, Iowa.
Staff believes that the inclusion of this provision in the Subdivision Ordinance will allow for
a less time consuming process for the property owner, staff, the Planning and Zoning
Commission, and City Council, in administering minor lot line adjustments.
RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION:
The Planning and Zoning Commission approved this proposed text amendment to the
Subdivision Ordinance at their meeting of January 7, 2004.
ALTERNATIVES:
1. The City Council can approve the text amendment to the Subdivision Ordinance
allowing for minor lot line adjustments.
2. The City Council can deny the text amendment to the Subdivision Ordinance allowing
for minor lot line adjustments.
3. The City Council can approve the text amendment to the Subdivision Ordinance
allowing for minor lot line adjustments, with modifications.
4. The City Council can refer the text amendment to the Subdivision Ordinance back to
staff for further review and comment.
CITY MANAGER'S RECOMMENDED ACTION:
It is recommended that Alternative #1 be adopted. Alternative #1 recommends that the
proposed text amendment to the Subdivision Ordinance allowing for minor lot line
adjustments be approved.
Attachment
DEC-1-2003 20:31 FROM:STORY CLEAR LAKE TTF 6413574146 TO: 15152395404 P.9
t
EENE
DEC 0 2 2003 � EXHIBIT
CITY OF ANTES, IOWA A
DEPT. OF PLANNING & HOUSING e-
ROSEAT L . STUMBO, JR. P. O. 60X 1664 AMES. IOWA 50010 515-233-3689
PLAT OF SURVEY
wu COA LOT 2
FOUN i
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SET 1/2- REBAR
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PROPRIETORS,
JIMMY L•, & PEGGY L. ROGERS
REQUESTED eY: PEGGY ROG[RS
LLM CROME 1
FOUND !/P•
PARCEL C `REYAR
'y 1_03 ACRES TOTAL • �'
d 0.02 ACRES ROAD -
i_O 1 ACRES NET
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Cn 0.93 ACRES TOTAL
0.33 ACRES ROAD
0-68 ACRES NET -,
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THIS SEAL. COVERSTWO PAGES
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Car•tification: I hereby certify that this
land 9urveyinq document +.was prepared and
the related survey work was performed by
me or under my direct personal supervision Sw Cop_ LOT 3 `7a.aa
Ann rhAr T nm n du lyy licensed Land Surveyor SET 1/2' RGGAR - _ C„�,NCR
under the laws of tA. State of Iowa. M/ YELLOW CAP T
►65$6 (TYPICAL) I t�Aa
UnDu A U: T nnte:
obtrr L. Stumbo. Jr. License 0
My license reriowrAl Cate im Oeceiooer, 31. 2004
,Job #15247 Date: 7/09/03 Page i of 2
Fieldwork Completed 7/09/03
12/02/03 TUE 08:28 [TX/RX NO 67131