HomeMy WebLinkAboutA001 - Commission Action Form dated June 3, 2009 ITEM # {o
DATE 06/03/09
COMMISSION ACTION FORM
SUBJECT: SUBDIVISION ORDINANCE TEXT AMENDMENT RELATED TO PLATS OF
SURVEY, BOUNDARY LINE ADJUSTMENTS, RETRACEMENT SURVEYS,
AND SUBDIVISION REVIEW IN THE URBAN FRINGE
BACKGROUND:
SUBJECT: Public Hearing - Subdivision Code Amendments
At the January 21 Planning & Zoning Commission meeting, staff presented draft amendments
to the City's subdivision code pertaining to plats of survey, boundary line adjustments,
retracement surveys, and subdivision review in the fringe. Staff explained the problems that we
are currently experiencing that the amendments would address. One of the primary concerns
expressed was the creation of parcels through plats of survey that were not processed or
approved by the City. Staff explained the resultant burden on subsequent parcel owners due
to laws that prohibit the issuance of permits on lots not otherwise created through adopted
subdivision regulations. The draft amendments would provide a process and criteria for review
and approving of plats of survey, and would also provide a means to legalize existing lots
created by plats of survey.
Regarding boundary line adjustments, the amendments would more formally define these as
an adjustment of a lot or parcel line that would result in the same or fewer numbers of lots.
The amendments would then exempt most boundary line adjustments from the requirement to
install public improvements along the property frontage. Finally the amendments would affirm
the City's desire to review plats of survey in the urban fringe.
After presenting the draft amendments to the Planning & Zoning Commission, staff held
meetings with both local developers and surveyors, and also with Story and Boone County
staff. Based upon the comments received at these meetings, the staff fine-tuned the draft
language, and is now prepared to present a revised draft for Public Hearing before the
Planning & Zoning Commission. The hearing will include a PowerPoint presentation on the
proposed changes. A similar presentation was made at the meeting for local surveyors and
developers, and also to staff members of both Story County and Boone County.
In summary, the amendments would:
a. Define more specific procedures for processing plats of survey before being
submitted to the County for recording;
b. Provide means to officially recognize parcels created through conveyance, but
which were not previously reviewed or approved under City subdivision
standards;
C. Confirm the City's intent to review plats of survey within the Ames Urban Fringe;
d. Define boundary line adjustments and review procedures, and exempt them from
public improvement requirements (with limited exceptions); and
e. Exempt from City review all retracement surveys that are clearly titled, "Plat of
Retracement Survey".
Staff is attaching for the Commission's consideration and for public review three separate
ordinances that would adopt the above-described amendments. They are broken down into
three ordinances to reflect the different (but related) subjects of the amendments including (1)
conveyance lots, (2) plats of survey, and (3) review of plats of survey in the urban fringe. The
draft ordinances include in the preambles the legislative purpose, intent and legal basis of the
amendments.
The only thing left blank in the ordinances is the threshold date for acknowledging plats of
survey that were recorded without city review and approval. Staff anticipates that the date
would be the effective date of the ordinance, but we won't know this date until we can better
determine the date of third reading and adoption by the City Council.
ALTERNATIVES:
1. The Planning and Zoning Commission can recommend that the City Council approve the
subdivision ordinance text amendments as proposed in the attached three ordinances,
based upon the stated purpose, intent, and legal basis described in the preambles of the
ordinances.
2. The Planning and Zoning Commission can recommend that the City Council approve the
subdivision ordinance text amendments as proposed in the attached three draft ordinances,
but, with modifications, and subject to the stated purpose, intent, and legal basis described
in the preambles of the ordinances.
3. The Planning and Zoning Commission can recommend that the City Council not approve
the proposed subdivision ordinance text amendments.
4. The Planning and Zoning Commission can refer this issue to staff for further information.
RECOMMENDED ACTION:
The proposed amendments would provide resolution to the problem of lots that were created
without benefit of City review, and would also lessen the infrastructure burden on property
owners who want to simply adjust their lot line without requiring additional public improvements
(with some exceptions that will be described at the meeting), and would also simplify the
process of doing a retracement survey. Staff has put forth considerable effort to get input from
individuals most affected by the changes, and believes that the draft amendments reflect, to
the degree possible, input received to date.
Barring any new information that might be provided at the public hearing, staff
recommends that the Planning & Zoning Commission act in accordance with Alternative
1, which is to recommend that the City Council approve the subdivision ordinance text
amendment as proposed in the attached draft ordinances.
S:\PLAN_SHR\Council Boards CommissionsW Commission Action Forms\Text Amendments\Plat of Survey Process-06-03-09.doc
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(Draft for P&Z Hearing)
ORDINANCE NO. -
AN ORDINANCE OF THE CITY OF AMES, IOWA, RELATING TO
SUBDIVISION REGULATIONS; AMENDING AMES MUNCIPAL CODE
SECTION 23.102 TO CLARIFY THE TYPES OF CONTRUCTION FOR WHICH
PERMITS CANNOT BE ISSUED ON UNAUTHORIZED PARCELS;
AMENDING SECTION 23.201 TO DEFINE "CONVEYANCE PARCEL" AND
"LEGALIZED LOT"; AMENDING SECTION 23.301(5) TO REFERENCE
CONVEYANCE PARCELS; AMENDING SECTION 23.305(2) PERTAINING TO
APPEALS; ADOPTING A NEW SECTION 23.306 DESCRIBING PROCEDURES
FOR RECOGNIZING LOTS CREATED THROUGH CONVEYANCE OR
RECORDINGS OF PLATS OF SURVEY PRIOR TO
WHEREAS, the Iowa platting standards pertaining to the division and subdivision of
land are codified in Chapter 354 of the Code of Iowa, and provide statewide, uniform
procedures and standards for the platting of land, including the following provisions:
1. Section 354.9 authorizes cities to review subdivision plats or plats of
survey for divisions or subdivisions within two miles outside the city's boundaries; and
2. Section 354.2 (6) defines a "division" as a means of dividing a tract or
parcel of land into two parcels of land by conveyance or for tax purposes; and
3. Section 354.2(5) defines "conveyance" as an instrument filed with a
recorder as evidence of the transfer of title to land, including any form of deed or
contract; and
4. Section 354.8 requires plats of survey to be submitted to the governing
body for review and approval prior to recording with the County Recorder, and said
section further states that the County Recorder shall refuse to accept a subdivision plat or
plat of survey presented for recording without a resolution from each applicable
governing body approving the subdivision or plat of survey, or waiving the right to
review; and
WHEREAS, properties acquired through conveyances are often described on plats of
survey; and
WHEREAS, common practice has been to submit plats of survey directly to the County
Recorder for recording prior to approval or waiver of the applicable governing body; and
WHEREAS, an unknown number of lots have been created in the City of Ames and its
fringe by the recording of plats of survey that have not had the benefit of City review and
approval under the above-cited statutes or the City's adopted subdivision regulations; and
Page 1 of 9
WHEREAS, the fact that these lots within recorded plats of survey have been assigned a
tax parcel number has led many people, including property owners, to believe that the
lots were created with prior City approval; and
WHEREAS, Ames Municipal Code Section 23.103 prohibits the City from issuing any
zoning and/or building permit on any area of land that has not been platted in accordance
with the City's subdivision regulations as defined in Ames Municipal Code Chapter 23;
and
WHEREAS, the City Council finds that for the following reasons it would be
unreasonably burdensome to require property owners who are innocent bona fide
purchasers of illegally created lots to apply for standard City subdivision approval in
order to legalize the lot:
1. A standard subdivision or platting process would require the cooperation and
signatures of all persons holding ownership in the original legally created lot in
order to obtain their approval of the further dividing of the lot; and
2. Many lots have already been developed, and many have subsequently been sold
to purchasers who may not have known that the new lots were illegal; and
3. Owners of developed lots would have little incentive to participate in the platting
process because they have already realized the economic benefit of their property
without having to install the improvements typically required for dividing their
property,making them unwilling partners in the standard platting process; and
WHEREAS, the City Council concludes by the adoption of this Ordinance that the
relevant permits may be issued and the public interest will not be adversely affected as
long as: (1) The conveyance parcel was created prior to , or;
(2) the conveyance parcel conforms in size and width with the City's then existing size
and width requirements (as set forth in the Zoning Code); and (3) the City's Design &
Improvement Standards are imposed on the conveyance parcel; and (4) the conveyance
parcels are correctly described by a properly recorded plat of survey; and
WHEREAS, beginning on January 1, 2008, the City initiated a new system for tracking
and documenting subdivision applications in order to enable staff to more easily and
readily determine if a parcel has been legally divided; and
WHEREAS, should be established as the date for conformance
to this ordinance, as both the public and City staff would have been able to easily and
readily determine if a lot complied with all State and local subdivision laws prior to
issuance of any building permits or the granting of any development applications; and
WHEREAS, it is necessary to ensure that all newly created lots are reviewed for
conformance with the City's development standards; and
WHEREAS, it is reasonable to require owners of land being divided or subdivided to
install improvements along street frontages abutting their property as a means of
mitigating the owner's rough proportional impacts to the street system providing access
to the owner's land and thereby assessing the owner's proportional cost to improve said
streets; and
Page 2 of 9
WHEREAS, the proposed text amendments are consistent with the goals, objectives, and
policies of the City's Land Use Policy Plan; and
WHEREAS, the City Council held a public hearing on this Ordinance during its regular
City Council meeting of ; and
WHEREAS, legal notice of the public hearing was published in the Ames Tribune on
NOW THEREFORE, be it ordained by the City Council of the City of Ames, Iowa:
Section 1.
Section 23.102 of the Ames Municipal Code is hereby amended as follows:
Section 23.102 PURPOSE, APPLICATION, AND WAIVER/MODIFICATION
(2) Application:
(a) The provisions of the Regulations are the minimum requirements for
promotion of the public health, safety, and general welfare. No zoning permit
or building permit shall be issued for construction enlargement or expansion
of a principal building, within the meaning of the City's zoning regulations,
from the effective date of the Regulations with respect to any land that has
been divided without compliance with the provisions of the Regulations and
all other applicable state laws and city ordinances in force at the time of such
division. If the Regulations impose higher standards than are required in any
other statute or local ordinance or regulation, the Regulations shall govern. If
any other statute or local ordinance or regulation imposes higher standards
than are required by the Regulations, the other statute or local ordinance or
regulation shall govern.
Section 2.
Section 23.201 of the Ames Municipal Code is hereby amended to include a definition of
"Conveyance Parcel" as follows:
Sec. 23.201. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purposes of
the Regulations, have the meaning herein indicated.
(1) Adequate Public Facilities: Facilities determined by the City Council to be
capable of supporting and servicing specified levels of service for anticipated
Page 3 of 9
infrastructure needs in the physical area and with the designated intensity of a
proposed subdivision.
(13) Conveyance Parcel: Any parcel created by the division of land through a
deed or contract conveyance or any boundary line adjustment of land established
through a deed or contract conveyance initially created or established without the
benefit of City review and approval which has been assigned a tax parcel number
prior to 1 and which is not a legalized lot as defined in
this Chapter.
(�3) 14 Dedication: A grant to the City of title to land, without compensation.
(20) 21 Land Use Policy Plan: the comprehensive plan for the City of Ames,
Iowa, as adopted August 26, 1997, and as subsequently amended.
(22) Legalized Lot: Any lot or parcel approved pursuant to the provisions of this
Chapter, or as otherwise legalized under the provisions of Code of Iowa Sections
592.2, 592.3 and/or 592.4.
(2-1) 23 Lot: An area of land designated by number or letter in a plat of
subdivision recorded pursuant to the Regulations, or otherwise recorded with the
office of the County Recorder.
(24) 26 Outlot: an unbuildable area of land, due to its, size, shape, topography
or general location within the phasing of a subdivision.
27 Parcel: A part of an aliquot part of a section a lot within an official plat, or
a government lot. In this context the term "parcel" does not mean and should
not be confused with tax parcels
(25) 28 Preliminary Plat: A plat for a proposed major subdivision prepared
and submitted in accordance with Section 23.13 of the Regulations.
Section 3.
Section 23.301(5) of the Ames Municipal Code is hereby amended to read as follows:
(5) Classification of Divisions and Subdivisions:
a. (a) The Department of planning and housing shall issue a written
determination as to the classification of a proposed division or subdivision
within 20 days of the conclusion of the pre-application Conference
process. A14 Divisions and subdivisions will be classified as eider a
Page 4 of 9
Major Subdivision, of a Minor Subdivision„ Boundary Line Adjustment,
or a Conveyance Division.
c. Any subdivision not meeting both conditions for classifications as a Minor
Subdivision, or that does not conform to the definition of a Conveyance
Division or Boundary line Adjustment, shall be classified as a Major
Subdivision.
Section 4.
A new Section 23.306 of the Ames Municipal Code, titled "Review Procedures for
Conveyance Parcels"is hereby adopted to read as follows:
Section 23.306 REVIEW PROCEDURES FOR CONVEYANCE PARCELS
(1) Purpose:
The purpose of this Section is to provide a review process to determine if conveyance
parcels as defined in Section 23.201(13) are to be recognized as independent developable
parcels based upon the time of their creation, or based upon their conformance to
applicable development standards. It is further intended to define a process by which
building or zoning permits can be issued for conveyance parcels.
(2) Applicability
This Section applies to all parcels or divisions defined as conveyance parcels in Section
23.201(13).
(3) Application for Review of Conveyance Parcel.
Application for review of conveyance parcels shall include all of the following:
A. The tax parcel number of the conveyance parcel.
B. A legal description of the original parcel, and a scaled,
dimensioned drawing of the conveyance parcel, which includes all dimensions of
lot or boundary lines and states the area of the lot by square footage.
C. The location and name of abutting streets and rights of way, any
easements on or serving the site, and any existing structures on the site and within
10 feet of the site,
D. Identification of any contiguous or abutting lots under the same
ownership as the subject site.
E. A title opinion or abstract identifying the date of conveyance.
F. A completed application form as provided by the Department of
Planning & Housing, along with applicable fees.
G. In lieu of items A through E of this section, an official plat of
survey that has not been reviewed or approved by the City, but which has been
recorded by Story or Boone County prior to , may be
submitted.
Page 5 of 9
(4) Review Procedures
The Planning & Housing Director (or designee) shall review the application and
determine if the conveyance parcel conforms to one of the following:
A. Conformance to development standards. If the parcel was created by, or
resulted from, a conveyance occurring prior to and also
conforms to all setback, area, and width requirements, the Director shall issue a written
determination that the lot is a conforming conveyance parcel as to setbacks, lot area and
width and is subject to the review provisions of Section 23.306(5).
B. Nonconformance to development standards. If the parcel was created by, or
resulted from, a conveyance occurring prior to but does not
conform to all setback, size and width requirements, the Director shall issue a written
determination that the parcel is a non-conforming conveyance parcel and may only be
developed under the provisions of Section 23.306(6); or
C. Creation by plat of survey. If it can be verified that a plat of survey for the
conveyance parcel was recorded prior to , it shall be considered
a pre platted conveyance parcel.
D. Unauthorized parcel. If the conveyance parcel was created after
, the Director shall issue a written determination that the parcel
is not an authorized division or subdivision of land under the City's subdivision
standards, and that it is not recognized by the City as a valid parcel for permitting
purposes. The determination shall be forwarded to the applicant, and also to the County
Recorder's Office, the County Auditor's Office, and the City Assessor's Office.
(5) Conforming Conveyance Parcel
Conforming conveyance parcels are those that conform to the minimum size, area and
width requirements specified in Ames Municipal Code Chapter 29 at the time that a
determination is made under the provisions of Section 23.306(4). Conforming
conveyance parcels are subject to the following requirements:
A. Conforming conveyance parcels shall be reviewed under the procedural
requirements defined in Section 23.301 prior to the creating and recording of a plat of
survey describing the lot, and prior to issuance of building or zoning permits for the lot.
B. Conveyance parcels approved under this Section shall be described and
recorded by plat of survey as allowed under the provisions of Section 23.103(2), (as
opposed to a final subdivision plat). The property so described by the plat of survey shall
be staked with official survey monuments as specified in Section 23.401(3) prior to the
recording of the plat of survey and prior to issuance of zoning or building permits.
C. All public improvements otherwise applicable to subdivisions as required by
the City's Design and Improvement Standards specified in Ames Municipal Code
Chapter 23, Division IV, shall be installed prior to creation and recording of the plat of
survey and prior to issuance of zoning or building permits. These requirements do not
apply to pre-platted conveyance parcels as described in Section 23.306(7).
D. If, in the opinion of the Public Works Director, the public improvements
required under subsection C should be delayed, the lot owner may, in lieu of installing
the actual public improvements, opt to secure the future installation of these
improvements in accordance with Section 23.409. A determination as to whether public
improvements may be delayed shall be reached during the conveyance parcel review
process as described in Section 23.301.
Page 6 of 9
E. Provisions of subsections 23.306(5)(C) and 23.306(5)(D) do not apply to
conveyance parcels created by boundary line adjustments, except that the requirement for
a recorded plat of survey shall be complied with prior to zoning or building permit
issuance.
F. Plats of survey shall not be prepared for conveyance parcels until all
provisions for reviewing conveyance parcels, and all conditions for plat of survey
recordation, as described in this Section have been met.
(6) Non-conforming Conveyance Parcel
Non-conforming conveyance parcels are those lots that do not conform to the minimum
area and width requirements, or contain structures that do not conform to minimum
setback requirements, specified in Ames Municipal Code Chapter 29 at the time that a
determination is made under the provisions of Section 23.306(4). Permits shall not be
issued on non-conforming conveyance parcels except under the following provisions:
A. The Zoning Board of Adjustment makes a determination that the public
interest will not be adversely affected by the granting of a permit on the lot. In making
this determination, the Board shall consider:
i. Whether the lot can be developed in a manner that reflects
surrounding development patterns and setbacks and does not need
variances for new construction;
ii. Whether existing development on the lot either conforms to current
setback requirements as measured from the conveyance parcel lines or
conform to all adopted building code, fire code, and fire separation
requirements, and
iii. Whether, in the opinion of the City Engineer, the lot conforms to
all applicable engineering and public improvement standards.
iv. Whether, in the opinion of the Fire Inspector, the lot conforms to
all fire codes applicable at the time any structures on the site were built,
and conforms to any current fire codes pertaining to setbacks from
property lines that have been moved closer to any structures after they
were built.
B. If the Planning & Housing Director determines that a non-conforming
conveyance parcel qualifies for legal lot status under the provisions of this Section,
building and zoning permits shall not be issued for the lot unless all conditions required
for conforming conveyance parcels in Section 23.306(5) are met.
(7) Pre-platted Conveyance Parcel.
Any lot deemed to be a pre platted conveyance parcel under the provisions of Section
23.306(4)(C) shall be recognized as a valid lot of record. Permits may by issued subject
to conformance with all development standards as adopted.
(8) Appeals
Decisions of the Planning &Housing Director under the provisions of this Section 23.306
are appealable to the Zoning Board of Adjustment under the provisions of Section
23.305(2)(A).
Page 7 of 9
Section 5.
Subsection 23.305 of the Ames Municipal Code is hereby amended, to read as follows:
Sec. 23.305 APPROVAL,RECORDATION AND APPEAL.
(1) Approval and Recordation:
a. The passage of a resolution by the City Council accepting any Final
Plat, whether for Major or Minor Subdivision, or any Plat of Survey,
shall constitute final approval of the division or subdivision subject to
the City Clerk receiving a copy of the recorded Final Plat or Plat of
Survey.
b. The applicant shall request that a copy of such resolution be certified
by the City Clerk. The applicant shall cause the Final Plat or Plat of
Survey and the certified resolution to be recorded in the office of the
County Recorder of Story County, or Boone County, Iowa, as
appropriate.
c. The applicant shall provide a copy of the recorded Final Plat or Plat of
Survey and certified resolution to the City Clerk within 30 days of the
final approval of the Final Plat by the City Council. The City Council
may initiate proceedings to revoke any approved Final Plat or Plat of
Survey not so received,
(2) Appeal of Disapproval! if any Pr-elifninar-y Plat or-Final Pat is disappr-eved-by
the City Couneil, sueh disappr-eval shall state the reason for sueh disapproval -Md
shall state req tir—emeat fapproval.
(2) Appeal of Decision.
a. Conveyance Parcels. Decisions of the Planning & Housing Director
pertaining to conveyance parcels may be appealed to the Zoning Board
of Adjustment within 20 days of the date of the decision. The appeal
shall state the specific reasons for the appeal and explain how the
Director erred in the decision.
b. Preliminary or Final Plats, Plats of Survey. Decisions by the
governing body of any Preliminary Plat Final Plat or Plat of Survey
may be appealed to the district court pursuant to Code of Iowa Section
354.10.
Section 6.
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not
affect the validity or effectiveness of the remaining portions of this ordinance.
Page 8 of 9
Section 7.
Effective Date. This ordinance shall take.effect on
INTRODUCED the day of , 200 .
ADOPTED by the City Council of the City of Ames, Story County, Iowa at a regular
open public meeting held the day of 200 ,
ATTEST: Mayor Campbell
City Clerk Voss
APPROVED AS TO FORM:
City Attorney Marek
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Amendment-06-03-09.doc
Page 9 of 9
(Draft for P&Z Hearing)
ORDINANCE NO. -
AN ORDINANCE OF THE CITY OF AMES, IOWA, RELATING TO
SUBDIVISION REGULATIONS; AMENDING AMES MUNICIPAL CODE
SECTION 23.102(3) TO STATE THE CITY'S INTENT TO REGULATE
BOUNDARY LINE ADJUSTMENTS; AMENDING AMES MUNICIPAL CODE
SECTION 23.103(2) TO REFERENCE PLAT OF SURVEY REQUIREMENTS;
AMENDING SECTION 23.201 TO INCLUDE DEFINITIONS OF "BOUNDARY
LINE ADJUSTMENT", "PLAT OF SURVEY, PROPOSED" AND "PLAT OF
SURVEY, OFFICIAL", TO REDEFINE THE DEFINITION OF "MAJOR
SUBDIVISION", AND TO ADOPT A NEW DEFINTION OF "RETRACEMENT
SURVEY"; AMENDING SECTION 23.301(5) TO INCLUDE BOUNDARY LINE
ADJUSTMENT AS A CLASSIFICAITON OF SUBDIVISION; ADOPTING A
NEW SECTION 23.307 DESCRIBING PROCEDURES FOR REVIEWING
PLATS OF SURVEY FOR DIVISIONS OF LAND; ADOPTING A NEW
SECTION 23.308 DESCRIBING PROCEDURES FOR BOUNDARY LINE
ADJUSTMENTS; ADOPTING A NEW SECTION 23.309 DEFINING REVIEW
PROCEDURES FOR RETRACEMENT SURVEYS; AND ADOPTING A NEW
SECITON 23.310 DEFINING PROCEDURES FOR CORRECTING PLAT
ERRORS.
WHEREAS, Section 354.8 of the Code of Iowa requires the County Recorder to refuse to
accept for recording a subdivision plat presented for recording without a resolution from
each applicable governing body approving the subdivision plat or waiving the right to
review; and
WHEREAS, the provisions of Section 354.8 of the Code of Iowa pertain to both
subdivision plats and plats of survey as specified in said Section 354.8; and
WHEREAS, Ames Municipal Code Section 23.103(2) provides for conditional waiver by
staff of the requirements of the Regulations for the platting of a Minor Subdivision, with
one stated condition being that the description and area of the land shall be provided by
means of a plat of survey; and
WHEREAS, administrative approval of plats of survey are not approved by resolution,
and may therefore not be accepted for recordation by the County Recorder under the
provisions of Code of Iowa Section 354.8; and
WHEREAS, it is the purpose of this ordinance to define a review process for plats of
survey, which includes approval by resolution, thereby facilitating the lawful recording of
plats of survey; and
WHEREAS, the City Council held a public hearing on this Ordinance during its regular
City Council meeting of ;
Page 1 of 10
WHEREAS, legal notice of the public hearing was published in the Ames Tribune on
NOW THEREFORE,be it ordained by the City Council of the City of Ames, Iowa:
Section 1.
Section 23.102(3) of the Ames Municipal Code is hereby amended,to read as follows:
(3) These Regulations apply where any or all of the following circumstances exist or
occur::
a. Any area of land which has been divided or shall hereafter be divided into
two or more parts;
b. Any area of land that is described by metes and bounds, or an area of land
that is not a complete platted lot
c. Any adjustment, addition, or deletion of lot or parcel lines.
Section 2.
Section 23.103(2) of the Ames Municipal Code is hereby amended, to read as follows:
(2) The requirements of the Regulations for the platting of a Minor Subdivision may
be waived by city staff when it is determined by city staff that:
d. A clear and accurate description of the area of land will be provided by
means of a plat of survey to be procured by the property owner, and in
compliance with Section 23.307.
e. With respect to that area of land, all substantive requirements and
standards of the Regulations area already met.
Section 3.
Section 23.201 of the Ames Municipal Code is hereby amended to include definitions of
"Boundary line Adjustment", "Plat of Survey, Proposed", "Plat of Survey, Official',
"Retracement Survey", and to redefine the definition of"Major Subdivision", as follows:
Sec. 23.201. Definitions.
Unless otherwise expressly stated, the following terms shall, for the purposes of
the Regulations, have the meaning herein indicated.
(1) Adequate Public Facilities: Facilities determined by the City Council to
be capable of supporting and servicing specified levels of service for anticipated
Page 2 of 10
infrastructure needs in the physical area and with the designated intensity of a
proposed subdivision.
(6) Bond: Any form of security including a letter of credit, a cash deposit,
surety bond, collateral, property or instrument of credit in an amount and form
satisfactory to the City Council.
(7) Boundary line Adjustment. An adjustment of lot or parcel lines between
owners of contiguous officially platted lots or parcels where no more than the
same number of lots or parcels, or fewer numbers of lots or parcels exist after the
adjustment.
(7) U Building: Any structure having a roof supported by columns or walls for
shelter, support or enclosure of persons, animals or chattels. Each area of such
structure separated by division walls from the ground up without openings shall
be deemed a separate building.
(24) 22 Lot. An area of land designated by number or letter in a plat of
subdivision recorded pursuant to the Regulations, or otherwise recorded with the
office of the County recorder
(23) Major Subdivision: any subdivision division that is not classified
as a Minor Subdivision, Boundary line Adjustment or conveyance division
(24) 25 Outlot: an unbuildable area of land, due to its, size, shape,
topography or general location within the phasing of a subdivision.
(26) Plat of Survey Official. The graphical representation of a survey of one
or more parcels of land including a complete and accurate description of each
parcel within the plat prepared and signed by a registered land surveyor in
compliance with Code of Iowa Section 355.7.
(27) Plat of Survey. Proposed A graphical representation of an existing parcel
or tract of land or of a proposed division or reconfiguration of an existing lot
parcel or tract of land, prepared in the same format as an Official Plat of Survey
but without the signature of the registered land surveyor.
(25) 28 Preliminary Plat: A plat for a proposed major subdivision prepared
and submitted in accordance with Section 23.13 of the Regulations.
Page 3 of 10
(26)(29) Public Way: A right-of-way used for passage by the public.
"Public Way"shall include,but not be limited to, any highways, streets or alleys.
(30) Retracement Survey. The process of field locating and marking record
title boundaries as described in Code of Iowa Section 355.4.
31 Right-of-way: A strip of land acquired by reservation, dedication,
prescription, or condemnation and used or intended to be used by specific persons
or the public for a specific purpose or purposes. "Right-of-Way" shall include but
not be limited to, any public ways.
[Continue re-numbering in sequence]
Section 4.
Section 23.301(5) of the Ames Municipal Code is hereby amended to read as follows:
(5) Classification of Subdivisions and Boundary line Adjustments:
a. The Department of Planning and housing shall issue a written
determination as to the classification of a proposed subdivision or
boundary line adjustment within 20 days of the conclusion of the Pre-
Application Conference process. All subdivisions or boundga line
adjustments will be classified as either a Major subdivision.,or a Minor
Subdivision, Conveyance Division, or Boundary line Adjustment.
(d) City staff may elass fy a A proposed adjustment of lot or parcel lines
between owners of contiguous officially platted lots or parcels
subdivision shall be classified as a Boundary line Adjustment if no more
than the same number of lots, or fewer number of lots, exist after the
adjustment.=
(}) Ne_mere than the same number- of lets or fewer- ,, nbe-S
of lots exist after-the adjustment.
(ii) The lots i�- CdjA Jtm L„t GeZfnT—t the
++ts of thezening or-dinanees of the City and thee
subdivision regulations ,f the City,' pl e at the time e
the let line adjustment; .,n
(iii) Such adjustment of let fines not ntrnnr to the goals
�
and objeetives of the Land liey Plan of the e ty e e a ,
the Transportation, D 1 Master- Plan, the, plan,
e
„l.,tie., d;,,anee of the City of n mew T,,,.,.,
Page 4 of 10
Section 5.
A new Section 23.307 of the Ames Municipal Code, titled "Review Procedures for Plats
of Survey"is hereby adopted to read as follows:
Section 23.307 REVIEW PROCEDURES FOR PLATS OF SURVEY
(1) Purpose:
The purpose of this Section is to provide a review process to determine if proposed plats
of survey as defined in Section 23.201 conform to all subdivision standards of this
Chapter, and to all development regulations of Chapter 29, prior to the preparation of the
official plat of survey, and prior to the submittal of an official plat of survey to the Story
or Boone County Recorder's Office and Story or Boone County Auditor's office as
specified in Code of Iowa Section 354.8
(2) Applicability:
This Section applies to all plats of survey within the City of Ames, and to all plats of
survey describing divisions or conveyances of land lying within the unincorporated area
extending not more than two (2) miles beyond the Ames City Limits. It does not apply to
retracement surveys as defined by this Chapter. The only types of divisions which may
be approved as plats of survey are, boundary line adjustments, replats to correct errors as
provided in Section 23.310, auditor's plats as provided in Code of Iowa Section 354.15,
and conveyance divisions occurring prior to All other
divisions must be processed as major or minor subdivision plats, as defined by this
Chapter.
(3) Application for Review of Plats of Survey
(a) The applicant shall file an Application for a Plat of Survey with the
Department of Planning and Housing. The application shall contain the
following information:
i. A completed Application Form available from the Department of
Planning and Housing.
ii. The tax parcel number of the lot, tract or parcel to be divided or
adjusted by the plat of survey
iii. A legal description of the lot, tract or parcel to be divided or
adjusted,
iv. Six paper copies of a scaled graphic illustration (map) of the
existing lot, tract or parcel, identifying lot area, dimensions and
reference to established survey monuments, abutting streets and
rights of way, any easements on or serving the site, and any
existing structures on the site and within 10 feet of the site,
v. Six paper copies of a map (graphic illustration) of the proposed
plat of survey (not an official or signed plat of survey), which
includes the proposed name of the plat of survey, references
established survey monuments, includes all dimensions of lot or
parcel lines, states the area of the lot or parcel by square footage,
Page 5 of 10
and which shows all easements on or serving the parcels contained
within the proposed plat of survey. The format of the proposed
plat of survey shall be in substantially the same form and format as
an official plat of survey, and shall include signature blocks for the
City of Ames Planning & Housing Director, and for the surveyor
who prepared the map, except that it shall be submitted unsigned
by the surveyor.
vi. Identification of any contiguous or abutting lots or parcels under
the same ownership as the subject site.
vii. The names and signatures of the owners of each lot or parcel that
the proposed plat of survey encompasses.
viii. Any filing fee established by the City Council.
(4) Staff and Agency Review of Proposed Plat of Survey.
(a) Review for Completeness. The Department of Planning and Housing
shall review the application to determine if it contains all information
required under Section 23.307(3).
(b) Distribution. Upon determination of completeness, the Department of
Planning and Housing shall file one copy of a complete application (less
fees) with the City Clerk and shall also distribute copies to the Office of
the City Assessor, the Department of Public Works, the applicable County
Planning Department and County Auditor's Office, and such other
departments, persons, and utility companies as it determines may be
necessary or appropriate for their review, comments and
recommendations.
(c) Review Procedures—Preliminary Decision
The Planning & Housing Department shall review comments from all
departments and agencies that reviewed the proposed plat of survey and
render a preliminary decision on the proposed plat of survey. The
preliminary decision shall be based upon compliance with all adopted
codes and standards, the adequacy of existing infrastructure and services
to serve the site, adequate access to the site for ingress/egress, utilities, fire
and emergency vehicles, and provisions for storm water. The preliminary
decision may include conditions of approval including, but not limited to:
(i) The installation of improvements necessary to comply
with all Design and Improvement Standards contained in
Division IV of this Chapter, and with all other adopted
codes and regulations applicable to the division of land.
(ii) Incorporation of any easements necessary for access,
utilities, storm water and/or fire access.
(d) Decisions of Denial
If the Planning & Housing Department finds that the proposed plat of
survey does not comply with all standards defined in Subsection
23.307(4)(c), the Director shall render a written decision of denial. The
decision shall state how the proposed plat of survey does not conform to
Page 6 of 10
i
all adopted codes and standards. Decisions of denial may be appealed to
the City Council pursuant to Section 23.305(2).
(5) City Council Review—Final Decision
Once a preliminary decision of approval has been rendered by the
Planning & Housing Director, the decision shall be forwarded to the City
Council for final review and decision. If the City Council agrees with the
Planning & Housing Director's preliminary decision, the Council shall
render final approval of the proposed plat of survey. The City Council's
decision to approve the proposed plat of survey shall be by resolution, and
the resolution shall be certified pursuant to Code of Iowa Section 354.8.
(6) Installation of Required Improvements.
A. All public improvements as required by this chapter shall be installed
prior to creation and recordation of the official plat of survey and prior to
issuance of zoning or building permits. These requirements do not apply to
pre-platted conveyance parcels as described in Section 23.306(5), or to
boundary line adjustments unless improvements are otherwise required
under the provisions of Section 23.309(c).
B. If, in the opinion of the Public Works Director, the public
improvements required under subsection A should be delayed, the lot
owner may, in lieu of installing the actual public improvements, opt to
secure the future installation of these improvements in accordance with
Section 23.409. A determination as to whether public improvements may
be delayed shall be reached during the plat of survey review process as
described in this Section.
(7) Preparation of Official Plat of Survey. Once a proposed plat of survey has
been approved by the City Council by certified resolution, and once all
conditions of approval pertaining to installation of public improvements
have been met, the official plat of survey may be prepared for signature by
a licensed surveyor in compliance with all conditions of approval. The
prepared plat of survey shall in all respects reflect the graphic illustration
of the proposed plat of survey reviewed and approved by the City Council,
except that it shall reflect any and all conditions of approval pertaining to
the format or content of the map.
(8) Submittal for Signature. The plat of survey prepared for official
signatures shall be submitted to the Planning & Housing Department for
the Director's review and signature. The Planning & Housing Director
shall sign the prepared plat of survey if it fully conforms to all conditions
of approval.
(9) Recording of Plat of Survey. Once signed by the Planning & Housing
Director, the surveyor may sign the prepared survey to make it the official
plat of survey and submit it, along with the certified resolution approving
Page 7 of 10
the plat of survey, to the County Recorder's office for recordation. The
plat of survey shall not be signed or submitted to the County Recorder
without fully complying with the requirements of this Section.
(10) Completion of Approval Process. The official plat of survey shall not be
recognized as a binding plat of survey for permitting purposes until a copy
of the signed and recorded plat of survey is filed with the Ames City
Clerk's office, and a digital image in Adobe PDF format has been
submitted to the Planning &Housing Department.
Section 6.
A new Section 23.308 of the Ames Municipal Code, titled "Review Procedures for
Boundary line Adjustments"is hereby adopted to read as follows:
Section 23.308 REVIEW PROCEDURES FOR BOUNDARY LINE
ADJUSTMENTS
Boundary line adjustments are subject to the following provisions:
1. The lots or parcels resulting from a boundary line adjustment must
conform to the requirements of the zoning ordinances of the City and
the subdivision regulations of the City in place at the time of the
boundary line adjustment.
2. The boundary line adjustment may be created by plat of survey or
through the minor subdivision process, as regulated by this chapter. If
the adjustment is created by plat of survey, then only the newly created
parcel lines shall be recognized for permitting purposes; not the
original lot lines. If the minor subdivision option is used, then the
original lot lines are eliminated.
3. No public improvements shall be required in association with a
boundary line adjustment unless the adjustment increases the street
frontage of the original lot or parcel that currently has frontage
improvements, in which case existing frontage improvements, which
may include curbs, gutters, sidewalks, paths, street trees and/or street
lights, shall be extended across the entire frontage of the adjusted lots
or parcels prior to preparation of the official plat of survey, or prior to
minor plat approval.
Page 8 of 10
Section 7.
A new Section 23.309 of the Ames Municipal Code, titled "Review Procedures for
Retracement Surveys"is hereby adopted to read as follows:
Section 23.309 RETRACEMENT SURVEYS
Any plat of survey prepared for retracing the lines of an original survey or record title
boundary is exempt from the procedural requirements of this Chapter, except that the
retracement survey shall be submitted to the City Assessor's office at least 7 days prior to
recording. The County Recorder may accept for recording any plat of survey that is
clearly titled "Plat of Retracement Survey" without a certificate of resolution from the
City. However, plats of retracement surveys shall not be recognized descriptions of
official lots or parcels for permitting purposes. Only the original survey or plat of a lot or
parcel approved by the applicable governing body shall be used for permitting purposes.
If the retracement survey lines differ from the lot or parcel lines originally approved by
the governing body, and if the proprietors of record wish to have the retracement lines
recognized as the official lot or parcel lines for permitting purposes, they must submit
application for a boundary line adjustment as defined in Section 23.308 of this Chapter.
If the lot or parcel line difference is the result of an error in the original survey, the
surveyor or proprietor may pursue correction of the error as provided in Section 23.310
of this Chapter.
Section 8.
A new Section 23.310 of the Ames Municipal Code, titled "Plat Errors and Corrections"
is hereby adopted to read as follows:
Section 23.310 PLAT ERRORS AND CORRECTIONS
If an error is identified on an original plat, the surveyor may record an affidavit of error
with the county Recorder pursuant to Code of Iowa Section 354.24, except that if the
error results in a difference of more than 10% of the dimension of any line on the original
plat, or results in a change of more than 10% of the lot or parcel area on the original plat,
the error shall be considered substantial and may only be corrected by a replat of the
official plat pursuant to Code of Iowa Section 354.25. A replat may be processed as a
plat of survey under the provisions of Section 23.307 of this Chapter, or as a minor
subdivision.
Section 9.
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not
affect the validity or effectiveness of the remaining portions of this ordinance.
Page 9 of 10
Section 10.
Effective Date. This ordinance shall take effect on
INTRODUCED the day of , 200_.
ADOPTED by the City Council of the City of Ames, Story County, Iowa at a regular
open public meeting held the day of 200_,
ATTEST: Mayor Campbell
City Clerk Voss
APPROVED AS TO FORM:
City Attorney Marek
S:\PLAN_SHR\Council Boards Conunissions\PZ\Commission Action Forms\Text Amendments\Plat of Survey Ordinance
Amendment-06-03-09.doc
1
Page 10 of 10
I
(Draft for P&Z Hearing)
ORDINANCE NO. -
AN ORDINANCE OF THE CITY OF AMES, IOWA, RELATING TO
SUBDIVISION REGULATIONS; AMENDING AMES MUNICIPAL CODE
SECTION 23.101(1)(2) TO CLARIFY THE CITY'S INTENT TO REVIEW
PLATS OF SURVEY WITHIN THE AMES URBAN FRINGE PURSUANT TO
CODE OF IOWA SECTION 354.9(1).
WHEREAS, the City of Ames subdivision standards are contained in Chapter 23 of the
Ames Municipal Code; and
WHEREAS, Ames Municipal Code Section 23.201(2)(b) states that the City's
subdivision regulations govern any plat for subdivision 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 or Bone County, Iowa; and
WHEREAS, Section 354.9 of the code of Iowa establishes the City's authority to review
subdivisions and plats of survey within two miles of a city's boundaries, which review
shall be established by ordinance specifically referring to Code of Iowa Section 354.9;
and
WHEREAS, the subdivision of land within two miles of the City's boundaries, including
plats of survey, can adversely affect the City's ability to plan for future growth and to
provide necessary infrastructure and services for such growth — both within the City
limits and in future annexation areas;
NOW THEREFORE,be it ordained by the City Council of the City of Ames, Iowa:
Section 1.
Section 23.102(2) of the Ames Municipal Code is hereby amended, to read as follows:
(2) Application
a. The provisions of the Regulations are the minimum requirements
for promotion of the public health, safety, and general welfare. No
zoning permit or building permit shall be issued for a principal
building, within the meaning of the City's zoning regulations, from
the effective date of the Regulations with respect to any land; that
has been divided without compliance with the provisions of the
Regulations and all other applicable state laws and city ordinances
in force at the time of such division. If the Regulations impose
higher standards than are required in any other statute or local
ordinance or regulation, the Regulations shall govern. If any other
statute or local ordinance or regulation imposes higher standards
M
than are required by the Regulations, the other statute or local
ordinance or regulation shall govern.
b. These Regulations govern any subdivision plats or plats of survey
for divisions or subdivisions inside the City's boundaries or
outside the City's boundaries but within two miles of the City's
boundaries plat fer- subdivision f any area of land within the C
within Story County or Boone
County, Iowa.., pursuant to the authority of Code of Iowa Section
354.9(l).
Section 2.
Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not
affect the validity or effectiveness of the remaining portions of this ordinance.
Section 3.
Effective Date. This ordinance shall take effect on
INTRODUCED the day of , 200_.
ADOPTED by the City Council of the City of Ames, Story County, Iowa at a regular
open public meeting held the day of 200_,
ATTEST: Mayor Campbell
City Clerk Voss
APPROVED AS TO FORM:
City Attorney Marek
S:\PLAN_SHR\Council Boards Commissions\PZ\Commission Action Forms\Text Amendments\Plats of Survey Review in Fringe
Ordiance Amendment-06-03-09.doc