HomeMy WebLinkAboutA001 - Council Action Form dated December 8, 2009 ITEM # 19
DATE: 12-08-09
COUNCIL ACTION FORM
SUBJECT: SUBDIVISION ORDINANCE TEXT AMENDMENTS RELATED TO
AMENDMENTS TO PLATS
BACKGROUND:
This is one of two items that were originally placed on the Council's November 10, 2009
agenda, but which were pulled at the request of staff to allow additional input from the
development community. This item pertains to code amendments that would define
procedures for amending plats. The other pulled item pertained to fire truck turnaround
requirements. Staff has since sent both proposals to the development community for
comments. The only concerns expressed pertained to the fire truck turn-around issue.
To address those concerns, staff will be scheduling a follow-up meeting with the
development community to facilitate further discussion. However, there were no
concerns expressed over the plat amendment provisions, so they are again presented
for Council consideration and action.
There are currently no provisions in the code that describe plat amendment procedures,
or that provide any other means for amending a plat than the same procedures for
approving an entirely new plat. That may be appropriate for major changes, but can be
burdensome and expensive to the developer when the amendment is minor in nature.
The proposed amendments include new definitions describing both major and minor
amendments (not to be confused with major and minor plats) and lay out procedures for
these amendments.
The minor amendment definition includes a list of criteria describing the minor
amendment. For example, a minor amendment would not result in any more than one
additional lot, would not change the category of an originally approved subdivision from
a minor subdivision to a major subdivision, and would not change the general layout of
streets, alleys or access easements. In essence, at a casual glance, one would not
notice the difference between the originally approved plat, and the proposed amended
plat. Conversely, major amendments are defined as those that eliminate access
easements or rights of way identified on the preliminary or final plat, eliminate or revise
plat conditions or restrictions, or do not otherwise comply with the definition of a minor
amendments. In effect, the changes would be significant and obvious.
The proposed amendment process would allow a minor amendment to an approved
preliminary plat to be made at the time of final plat approval. This avoids the process of
having to first go back and amend the preliminary plat. Minor amendments to a final
plat (a plat already recorded) may be processed as a minor plat so that, again, it is not
necessary to amend the preliminary plat. Major amendments, on the other hand would
be processed as an amendment to the original preliminary plat and would require all
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information required for a preliminary plat application, except that it provides some
exemptions for information pertaining to ownership, i.e., it only requires information on
owners of property directly affected by the amendment.
The text of these proposed amendments is attached in ordinance form.
Recommendation of the Planning & Zoning Commission. At its meeting of October
21, 2009, with a vote of 6-0, the Planning and Zoning Commission recommended
approval of the proposed amendments. There was no public comment on this item at
that meeting.
ALTERNATIVES:
1 . The City Council can approve the subdivision ordinance text amendment pertaining
to amendments to plats.
2. The City Council can approve the subdivision ordinance text amendments as
proposed with modifications.
3. The City Council can deny the proposed subdivision ordinance text amendments.
4. The City Council can refer this issue to staff for further information.
MANAGER'S RECOMMENDED ACTION:
The proposed amendments would simplify and speed up the amendment process for
developers, and would provide needed clarity on the procedures for amending plats.
Therefore, it is the recommendation of the City Manager that the City Council act in
accordance with Alternative #1, which is to approve the proposed subdivision ordinance
text amendment pertaining to amendments to plats.
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