HomeMy WebLinkAboutA001 - Council Action Form dated March 22, 2011 ITEM # 38
DATE 03-22-11
COUNCIL ACTION FORM
SUBJECT: SUBDIVISION ORDINANCE TEXT AMENDMENT RELATED TO PLATS
OF SURVEY FOR MINOR DIVISIONS OF LAND
BACKGROUND:
In June 2009, the City adopted regulations pertaining to plats of survey, which made it
clear that plats of survey could be used for boundary line adjustments, replats to correct
errors, auditor's plats, and conveyance divisions occurring prior to August 4, 2009. All
other types of divisions would have to be processed as either a minor subdivision or a
major subdivision, both of which require a final plat along with documentation
demonstrating clear title of the land being divided.
During a meeting with developers in April 2010, regarding what code amendments the
City might adopt to streamline the development process, it was suggested that the City
subdivision process is overly burdensome and that plats of survey should be allowed for
more types of divisions than what the code now allows. Based upon that input, the City
Council included in its list of priorities a review of the plat of survey standards to
determine if amendments might be in order to address the expressed concerns.
To begin this review, staff identified the differences between divisions using plats of
survey and those using the minor subdivision process, and then determined where
these different processes have particular value to the City. The value of the minor
subdivision process is that it (1) provides the City with an electronic version of the plat,
(2) provides more detailed information on existing site conditions, such as floodplain
locations, soil conditions, survey data on easements and other encumbrances, and (3)
provides information on owner consent, mortgage or lien holders, abstract of title, and
special assessments. It has also been the means by which the City acquires from the
subdivider signed covenants pertaining to rural water buyout, assessment for
installation of infrastructure, and agreement to future annexation.
The information provided by a minor plat process is perhaps more useful to the City for
divisions occurring within city limits, or within areas that may eventually be annexed to
the City. Areas that we do not anticipate annexing within the life of the plan are
designated on our Fringe Plan map as Agriculture & Farm Service, and Rural
Residential. In these areas, it is unlikely we would need electronic versions of plats
since we would have little need to coalesce, merge, or manipulate mapping data in
these areas. We also would have little need in these areas to review site conditions that
might affect building placement or permitting activities since we would not be the
permitting agency. Finally, the three standard covenants would have little value here
because they are intended to protect the City's interests in the event of future
annexation which, again, is not anticipated in these areas. In fact, it is within these
areas of Story County that the City has indicated its willingness to waive its subdivision
authority through a 28E Agreement with the County.
1
Another type of division that could potentially be accomplished through a plat of survey,
without any loss to the City, is the division of an aliquot part' of a section of land. This
could occur under two provisions: First, the division would only be to separate an
existing or former farmstead from the remainder of the aliquot part. This type of division
does not allow for any additional development so the information acquired through the
standard minor plat process would have little value. Second, if the division occurred
anywhere in the Fringe where future annexation was anticipated, we would need the
standard three covenants pertaining to rural water buyout, assessment for installation of
infrastructure, and agreement to future annexation. The covenants would have to be
signed and submitted prior to Council's final action on the plat of survey. This
requirement would apply anywhere in the Fringe except for the Agriculture & Farm
Service and Rural Residential areas.
After defining the differences to the City between the two processes, Planning and
Legal staff had several follow-up meetings with Frank Feilmeyer and Dave Benson
(local attorneys who raised the concerns at the April meeting). Also joining us was Ken
Janssen, a surveyor/engineer experienced in the platting process. We discussed what
the City's interests were in regulating divisions of land and why plats of survey were not
always the best means to divide land. We jointly agreed that the above-described
divisions could occur through a plat of survey without loss of benefit to the City. But from
the additional insights these gentlemen brought to the table, we also learned that there
were divisions that occurred under State law that were not subject to plat of survey
provisions and should therefore be exempt from additional platting requirements. These
included two-lot splits that occurred prior to July 1, 1990. Before that date, the City had
no regulations for simple divisions; these were regulated under State law only.
With the input we received from Mssrs. Benson, Feilmeyer, and Janssen, staff identified
the following potential changes, which were deemed acceptable by all parties for
reasons stated above. The specific rationale for each change is stated below:
1 . Allow plats of survey (rather than minor plat) in the following additional instances:
i. Minor subdivisions (as defined by City code) in areas of the Ames Urban
Fringe designated as Agricultural & Farm Service or Rural Residential.
Rationale for change: It is unlikely that we would need in these outlying
areas the additional information that a minor plat process would provide.
"Aliquot part" means a fractional part of a section within the United States public land survey system.
Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one-quarter shall
be considered an aliquot part of a section. [from Code of Iowa 354.2]
1)
ii. Divisions of lots within existing single-family subdivision creating no more than
one additional lot.
Rationale for change: The information and/or infrastructure requirements
that might be necessary under a major or minor plat have likely been
sufficiently provided and/or imposed under the original subdivision. A
simple split of a small existing lot in an approved subdivision should not
create additional infrastructure needs or impose significant impacts that
would have to be further mitigated (e.g., traffic). This would not be the
case for dividing commercial or multi-family lots, where concerns over
points of access, acquisition of easements, and storm water control
would more likely be raised. It would be more appropriate to deal with
these types of issues under a final plat process where the Council's
decision is based upon findings that such impacts have been adequately
mitigated.
iii. Divisions of an aliquot part of a section, provided that the division is to
separate an existing or former farmstead from the remainder of the aliquot
part, and provided that the three covenants are provided in areas of potential
annexation.
Rationale for change: The only purpose would be to divide off the
farmstead, which is already a developed portion of the site. This would
not create any additional impacts typically associated with the division of
land.
2. Add definition of pre-established conveyance parcel to account for conveyance
parcels created by deed or contract and also surveyed prior to July 1, 1990. Pre-
established conveyance parcels (like pre-platted conveyance parcels) would have to
be verified through administrative review by City staff prior to issuance of zoning or
building permits (since there is no plat to otherwise verify their legal status).
However, the process is simple, and such parcels could be determined to be
legalized lots without requiring a new plat of survey. The only thing that we would
need to ensure for permitting purposes is that survey monuments were in place to
verify building setback compliance.
Rationale for change: Prior to July 1, 1990, the City adopted subdivision
standards, but the standards did not regulate simple divisions of land into two
parcels of land by conveyance. Accordingly, any such divisions could legally
occur without any city review or approval, and should therefore be considered
legalized lots, provided they were surveyed to establish monuments for
verifying building setback compliance.
Staff has drafted the attached amendments to the subdivision code reflecting the above
changes for the Council's consideration (Attachment A). The changes are shown in
strikeout/underline format so that the Council can readily see where the changes occur
in the text. A draft ordinance adopting the changes is also attached for Council action.
3
Recommendation of the Planning and Zoning Commission. At its meeting of March
16, 2011, with a vote of 5-0, the Planning and Zoning Commission recommended that
the City Council approve the subdivision code text amendments as proposed in
Attachment A.
ALTERNATIVES:
1. The City Council can approve the subdivision code text amendments as proposed in
the attached draft ordinance.
2. The City Council can approve the zoning text amendments as proposed, but, with
modifications.
3. The City Council can decide not to approve the proposed zoning text amendments.
4. The City Council can refer this issue to staff for further information.
MANAGER'S RECOMMENDED ACTION:
The proposed amendments would allow plats of survey in situations where the City has
little to gain in requiring the more complex submittal of a minor plat application. This
would help to streamline the process, therefore benefit our customer, and with no loss
to the City. Therefore, the City Manager recommends that the City Council act in
accordance with Alternative 1 , which is to approve the adoption of the amendments as
proposed in the attached draft ordinance.
4
- ATTACHMENT A -
DRAFT AMENDMENTS
CONVEYANCE PARCELS AND PLATS OF SURVEY REGULATIONS
Section 23.102 PURPOSE, APPLICATION, AND WAIVER/MODIFICATION
(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 partsi
(b) any area of land that is described by metes and bounds, or an area of land
that is not a complete platted lot.
(4) Such area of land shall be platted or reviewed in accordance with these
regulations, prior to issuance of zoning and/or building permits for development
or change in use of that area of land. A zoning permit and/or building permit
shall not be issued with respect to an area of land that is within the scope of 3(a)
or 3(b) above until such area of land has been platted in accordance with these
Regulations.- , or otherwise determined to be a legalized lot as defined in this
Chapter.
Section 23.307 REVIEW PROCEDURES FOR CONVEYANCE PARCELS
(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.
() A copy of a record of survey of the conveyance parcel (if one exists).
{e� ) 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.
0) e) 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.
{#) Lq) A completed application form as provided by the Department of Planning &
Housing, along with applicable fees.
(g) h) In lieu of items ° through E A through F of this section, an application
may include either (a) an official plat of survey that has RGt beeR reviewed „r
appreved by the City, but whiGh has been recorded by Story or Boone County
5
prior to August 4, 2009, may be submitted, or, (b), a title opinion or abstract along
with a record of survey, confirming that the date of conveyance and survey
occurred prior to July 1, 1990.
(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 after July 1, 1990 and prior to August 4,
2009, 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 23.307(5).
(b) Nonconformance to development standards. If the parcel was created by, or
resulted from, a conveyance occurring after July 1, 1990 and prior to August 4,
2009, 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
23.307(6); or
(c) Creation by plat of survey. If it can be verified that the a plat of survey for the
conveyance parcel was recorded prior to August 4, 2009, it shall be considered a
pre-platted conveyance parcel; or
(d) Creation by deed or contract. If it can be determined that the conveyance
parcel was created by deed or contract and also surveyed prior to July 1 1990 it
shall be considered a pre-established conveyance parcel.
fd-) (e) Unauthorized parcel. If the conveyance parcel as created after Aug
4, 2009, is not deemed by the Director to be a pre-platted or pre-established
conveyance parcel, or has not otherwise been deemed a valid parcel for
permitting purposes under the provisions of this Chapter, 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.
(7) Pre-platted and Pre-established Conveyance Parcels.
Any lot deemed to be a pre-platted or pre-established conveyance parcel under the
provisions of Section 23.306(4) shall be recognized as a valid lot of record. Permits
may be issued subject to conformance with all development standards as adopted, and
subject to the presence of survey monuments to facilitate verification of setback
compliance.
6
Section 23.308 REVIEW PROCEDURES FOR PLATS OF SURVEY
(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,boundapy lino adj StMeRtc Feplato to nnrre Gt errors
254.15, and GonveyaRGe divisions e----urring prior te August 4, 2009. All other divisieps
must be PrGGessed as major or miner subdivision plats, as defiRed by this ..
(a) Boundary Line Adjustments
(b) Replats to correct errors as provided in Section 23.310
(c) Auditor's plats as provided in Code of Iowa Section 254.15
(d) Conveyance divisions occurring_ prior to August 4 2009
(e) Minor Subdivisions in areas of the Ames Urban Fringe designated as
Agricultural & Farm Service or Rural Residential.
(f) Division of lots within existing single-family subdivisions creating no more
than one additional lot, provided that the plat of survey is of the entire lot or
parcel being divided. This provision only applies to one-time splits of existing
lots of a subdivision and does not apply to repeated divisions.
(g) The division of an aliquot part of a section provided that the division is to
separate an existing or former farmstead from the remainder of the aliquot
part, and provided that any required covenants pertaining to rural water
buyout, assessment for installation of infrastructure and agreement to future
annexation are signed and submitted prior to the City Council's final action on
the plat of survey. This requirement pertaining to covenants applies
anywhere in the Fringe except in the Agriculture & Farm Service and Rural
Residential areas.
7