HomeMy WebLinkAbout#16 CC Report - Lot Split for Public Purposes Exemption Ord Amendment 09062016MAYOR AND COUNCIL COMMUNICATION
DATE: 09/06/2016
REGULAR
ITEM #: 16
AGENDA ITEM: Exemption from Platting for Subdivision of Property Resulting from Acquisition
by Governmental Agencies
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
Sarah Sonsalla, City Attorney
BACKGROUND:
Recent agreement between the City and a property owner was made to have property owners convey fee
title to a portion of their property to the City for a recently constructed roadway, instead of the property
owners granting the City an easement. The City Attorney advised Staff to approve the lot split (following
whatever process is required) and record the deed. Upon review of Chapter 153: Subdivision Regulations,
Staff was unable to determine the process that is required, as the foregoing situation does not fit neatly in
to the situations described where platting is required, nor does it meet the definitions or conditions of any
exceptions to platting, as outlined in this Chapter. Because the Ordinance was unclear, Staff consulted the
City Attorney to determine the correct process.
After review of Section 153.09: Exceptions to Platting, of Chapter 153: Subdivision Regulations, of the
City Code, the City Attorney determined that the subdivision of property resulting from acquisition by
governmental agencies for public improvement or uses does not apply to any exceptions set forth in the
aforementioned Section, as it does not meet the definitions or conditions set forth for a minor subdivision
or lot line adjustment. She suggested this Ordinance be brought forth to amend the City’s subdivisions
regulations to allow this type of situation as an exception and to then follow the process set forth by this
exception so this lot split can be processed.
The subdivision ordinance is not within the zoning code and therefore, the amendment does not require a
public hearing.
ISSUE BEFORE COUNCIL:
In order to expedite the aforementioned subdivision of a property for public purpose, the Council is
respectfully requested to consider, as part of tonight’s consent agenda, whether or not an amendment to
Section 153.09 should be made that would add this exemption from the platting process.
PROPOSAL DETAILS/ANALYSIS:
City Council Meeting
September 6, 2016 [Regular Agenda Item #16]
Page 2
The current exceptions to platting, as provided forth in Section 153.09, are as follows:
(A) Minor subdivision. A minor subdivision is a division of land which results in no more than 4 parcels
wherein each resultant parcel complies with the city's minimum lot dimension and public road frontage
requirements for the zoning district in which the land is located.
(B) Lot line adjustment. A lot line adjustment is a division of land which results in no more than 4
parcels wherein each resultant parcel does not comply with the city's minimum lot dimension and/or public
road frontage requirements for the zoning district in which the land is located. The City Council hereby
waives compliance with the city's platting regulations for lot line adjustments which satisfy 1 of the
following conditions:
(1) Each resultant parcel, when combined with an abutting parcel through a Tax Parcel Consolidation
Procedure approved by Washington County, equals or exceeds the minimum lot dimension requirements
and public road frontage requirements for the zoning district in which the property is located;
(2) In those cases where the City Administrator determines that it is not reasonably possible for each
resultant parcel to comply with the provisions of division (B)(1) above, each resultant parcel, when
combined with an abutting parcel through a Tax Parcel Consolidation Procedure approved by Washington
County, is less non-conforming after the lot consolidation than it was before the lot consolidation; or
(3) In those cases where, in regard to property which is zoned agricultural or rural residential, the City
Administrator determines that each resultant parcel will equal or exceed minimum lot dimensions for the
zoning district in which the property is located, but that 1 of the resultant parcels cannot satisfy the minimum
public road frontage requirements for the zoning district in which the property is located, access to the
noncomplying parcel is protected by a restrictive covenant approved by the City Attorney which includes
the city as a beneficiary.
As previously mentioned, subdivision of property resulting from the acquisition of land by governmental
agencies for the purpose of public use or acquisition does not apply to any definition or condition listed
above.
Because the subdivision of property resulting from the acquisition of land by governmental agencies for
the purpose of public use or acquisition does not meet the definitions or conditions of neither a minor
subdivision nor a lot line adjustment, and because platting is only required for the subdivision of a tract of
land which is to be divided into 3 or more lots or parcels, there is no clear direction on what process to
follow for such a subdivision.
Minor subdivisions and platting require a public hearing and Council approval. Generally, when land is
being acquired for public acquisition or use, it is for the purpose of a project, like a street improvement
project, which has already been approved by Council. Therefore, it would be redundant for Council to hear
and approve such a subdivision of property. Furthermore, the platting process takes a significant amount of
time and Staff resources, and would delay public projects.
Due to the aforementioned, Staff is recommending that property that is being subdivided due to
governmental agency acquisition for public improvement or uses be added as an exception to the platting
City Council Meeting
September 6, 2016 [Regular Agenda Item #16]
Page 3
process as a separate item and be approved administratively. This would greatly facilitate and speed up the
acquisition process.
FISCAL IMPACT:
Less Staff time would be spent in preparing reports and going before Planning Commission and Council to
go through the platting process for such lot splits. Additionally, clearly outlining this exception to platting
would ensure that such process is being done legally and correctly.
OPTIONS:
The Council may either approve or deny the proposed amendment to Section 153.09 of Chapter 153:
Subdivision Regulations.
RECOMMENDATION:
Staff recommends that Council approve the proposed amendments to Section 153.09: Exceptions to Platting by adding “a subdivision of property resulting from acquisition by governmental agencies
for public improvements or uses” as an exception to platting and the summary publication of the
ordinance with the following motion:
“Move to approve Ordinance Amendment 08-153 amending Chapter 153: Subdivision Regulations; Section 153.09: Exceptions to Platting, by inserting, as an additional exception to
platting, a subdivision of property resulting from acquisition by governmental agencies for public improvements or uses, and Resolution 2016-76 for its summary publication.”
ATTACHMENTS:
• Draft Ord. 08-153 (redlined version and edited version)
• Resolution 2016-76 approving summary publication of Ord. 08-153
• Email from City Attorney Sonsalla