Agenda Date: 09/19/2017
Subject:
Title
An ordinance on second reading amending Title 11, Chapter 9, Section 4 (B) and (C) of the city code, for clarification of size percentages, and adequate water and sewer facilities under Administrative Plat and Replat, and the definition of subdivision in Title 11, Chapter 1, Section 6
Body
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Presented By: |
Jocelyn Mills, Community Development Director |
POLICY QUESTION:
Does city council support amending Title 11, Chapter 9, Section 4 (B) and (C) of the city code, for clarification of size percentages, and adequate water and sewer facilities under Administrative Plat and Replat, and the definition of subdivision in Title 11, Chapter 1, Section 6?
BACKGROUND:
Generally in land use, zoning codes establish uses and performance standards for each zone district.
Subdivision codes provide the process for creating the records of legal land title for establishing lots, via recorded plats. Title 11 is Littleton’s Subdivision code.
On May 16, 2017, city council approved Ordinance 13-2017 on second reading, amending the city’s Subdivision Regulations, primarily related to Chapter 9 of this code. Planning Commission previously recommended approval of that draft ordinance to city council.
This ordinance is a minor update to further clarify the language in Chapter 9 regarding Section 4, Criteria for Decision. On July 24, Planning Commission recommended approval of a draft ordinance which clarified the percentages for average lot size, width and depth. The draft language contained in this staff report has been further clarified by staff to align with the original intent of the language. Staff also proposes amending the definition of Subdivision in Chapter 1, Section 6 to remove the reference to Subdivision Exemption which has been replaced with the Administrative Plat/Replat process. Draft Ordinance 22-2017 is attached to this staff communication.
PROPOSED AMENDMENTS:
Chapter 9 provides the administrative plat and replat process for the establishment of one or two lots.
The proposal is for minor updates to Chapter 9, and include:
• Clarifying 11-9-4 (B) language to accurately reflect eligibility for an administrative plat and/or replat. The proposed re-write of this section is as follows, as identified in bold italics:
Each parcel created by the administrative plat or replat is consistent with existing character of the block face on which the property is located. Lots that are more than fifty percent (50%) greater in either lot size, depth, or width of a typical average existing lot on the same block face are not eligible for an administrative plat or replat. Lots that are less than twenty-five (25%) smaller in either lot size, depth, or width of a typical average existing lot on the same block face are not eligible for an administrative plat or replat. TO BE ELIGIBLE FOR AN ADMINISTRATIVE PLAT OR REPLAT, THE REVISED LOT MUST BE WITHIN 75%-150% OF THE AVERAGE EXISTING LOTS IN EITHER LOT SIZE, DEPTH, OR WIDTH, ON THE SAME BLOCK FACE. TO BE ELIGIBLE FOR AN ADMINISTRATIVE PLAT OR REPLAT, THE REVISED LOT MUST BE WITHIN 75%-150% OF THE AVERAGE LOT SIZE, AVERAGE DEPTH, AND AVERAGE WIDTH, OF THE EXISTING LOTS ON THE SAME BLOCK FACE.
• Modifying 11-9-4 (C) language pertaining to the availability of water and sewer by removing the word “adequate” and requiring the submittal of “will serve” letters from utility providers. The proposed re-write of this section is as follows, as identified in bold italics:
Each parcel created by the administrative plat has adequate water and sanitary sewer facilities. THE APPLICANT SHALL PROVIDE EVIDENCE THAT PUBLIC WATER AND PUBLIC SEWER FACILITIES ARE AVAILABLE TO SERVE EACH LOT. THIS SHALL BE IN THE FORM OF “WILL SERVE” LETTERS FROM THE APPROPRIATE SERVICE PROVIDERS.
Chapter 1, Section 6 provides the definitions for Subdivision Regulations and the proposed modification is as follows:
• SUBDIVISION: Except as may be permitted under the subdivision exemption procedure provided in this title, the The division of a parcel of land into two (2) or more lots and other tracts for the purpose of resale and/or development. This term includes resubdivision and when appropriate to the context, shall relate to the process of subdividing or to the land being subdivided.
FISCAL IMPACTS:
None
STAFF RECOMMENDATION:
Staff recommends support of the ordinance.
PROPOSED MOTION:
Proposed Motion
I move to approve on second reading Ordinance 22-2017 amending Title 11, Chapter 9, Section 4 (B) and (C) of the city code, for clarification of size percentages, and adequate water and sewer facilities under Administrative Plat and Replat, and the definition of subdivision in Title 11, Chapter 1, Section 6.