File #: PC Reso 05-2017    Name:
Type: PC Resolution Status: General Business
File created: 4/3/2017 In control: Planning Commission
On agenda: 4/26/2017 Final action: 4/26/2017
Title: PC Resolution 05-2017, an Ordinance to amend Title 11, Subdivision Purpose (11-1-2), Subdivision Definitions (11-1-6) and Chapter 9, Subdivision Exemption.
Attachments: 1. PC Reso 05-2017 Subdivision Exemption, 2. Ordinance XX-2017 Subdivision Ch9 updates DRAFT, 3. Title 11 - Chapter 9, 4. Title 11

Agenda Date: April 26, 2017

 

Subject:

Title

PC Resolution 05-2017, an Ordinance to amend Title 11, Subdivision Purpose (11-1-2), Subdivision Definitions (11-1-6) and Chapter 9, Subdivision Exemption.

Body

 

Presented By:

Jocelyn Mills, Community Development Director and Carol Kuhn, Principal Planner

 

APPLICATION SUMMARY:

The application is a proposal to amend Title 11, Subdivision, specifically related to 11-1 Purpose, 11-6 Definitions, and Chapter 9, Subdivision Exemption.

 

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. 

 

A priority has been identified that Chapter 9 of the Subdivision Code, Subdivision Exemption, needs to be updated to best practices used in current day situations.  Generally, the last whole code update to the city’s subdivision regulations was during the 1970’s.  The Subdivision Exemption Chapter was added into the code in 1979.  Attached for reference are Chapter 9, Subdivision Exemption, and also Title 11 in its entirety.

 

Previous legal advice has allowed the subdivision exemption chapter to be used for subdivision items such as:  dividing one lot into two; for lot line adjustments between two lots; and, for reassembling multiple lots into one lot.  As such, over the recent years subdivision exemption has been used for all these scenarios. 

 

The proposal to update Chapter 9 is to create a clear, transparent and robust code relative to the platting and replatting of one or two lots.  City council held two study sessions on this topic earlier this year - on March 7 and again on April 11th.  Council input and direction has incorporated into the proposed ordinance. 

 

Please see attached draft code amendments to Chapter 9.

 

PROPOSED AMENDMENTS:

The purpose to update Chapter 9 is to clarify specific standards and criteria for the establishment of one or two lots.  Three or more lots would be required to be processed as either a minor or major subdivision based on the city’s subdivision code (as is currently required). 

 

The proposal for updating Chapter 9 includes:

 

                     Amending the title to “Administrative Plat or Replat for One or Two Lots.”

                     Establishing criteria for when an administrative plat or replat can be used.

                     Creating standards for administrative plats and replats.

 

STAFF RECOMMENDATION:

Staff recommends planning commission approve PC Resolution 05-2017, recommending approval to city council, an ordinance to amend Title 11, Subdivision Purpose, Subdivision Definitions and Chapter 9, Subdivision Exemption.

 

PROPOSED MOTION:

Proposed Motion

The planning commission may take the following actions on the application: approve; approve with conditions; and, continue to a date certain.  A sample motion is provided for each option.

 

MOTION TO APPROVE AND/IF NECESSARY, WITH CONDITIONS

I move to approve PC Resolution 05-2017, an ordinance to amend Title 11, Subdivision Purpose, Subdivision Definitions and Chapter 9, Subdivision Exemption., which forwards a favorable recommendation to city council, with the following condition(s): 

1.

2.

3.

 

MOTION TO CONTINUE TO A DATE CERTAIN

I move to continue  PC Resolution 05-2017, concerning an ordinance to amend Title 11, Subdivision Purpose, Subdivision Definitions and Chapter 9, Subdivision Exemption., to __________ (insert date) in order to_____________________.

 

 

Attachments:

1.                     PC Draft Resolution

2.                     Draft Ordinance of amendments to Title 11

3.                     Current Title 11, Chapter 9

4.                     Current Title 11