7.3 Appl Proc Appr Lt Split Reg . CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
10/9/95 4:00 P.M.
AGENDA SECTION: IORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 AGENDA:
PLANNING & DEVELOPMENT
ITEM
NO. 3 and 3a Roy Dudark ~
itcm BY: BY:
Application #Z95-8, filed by the City of Salina Planning
Commission, requesting amendment of the Subdivision Regulations,
Article II, Application Procedure and Approval Process by adding
DIVISION 4 Lot Split Regulations.
Background
i i!' .. enabling i ,,
'; ~;~ The Kansas planning and zoning legislation (Senate Bill
;' 23) that was recently adopted by the state legislature contains a
provision in K.S.A. 12-752 relating to the subdivision of land
!ii ! that .reads as follows~:
(f) Any regulations adopted by a governing body with
/..~. :reference to subdividing lots shall provide for the
issuance of building permits on lots divided into not
more than two tracts without having to replat the lot,
provided that the resulting tracts shall not again be
divided without replatting. Such regulations shall
provide that lots zoned for industrial purposes may be
divided into two or more tracts without replatting
such lot. Such regulations shall contain a procedure
for issuance of building or zoning permits on divided
lots which shall take into account the need for
adequate street rights-of-way~ easements~ ~mprovemen~
of public facilities~ and zoning regulations if in
existence.
Essentially what the first part of this provision states is that
an existing platted lot may be split or divided once into two
building tracts but that any additional splits of that lot for
building purposes would require that a replat of the property be
prepared and recorded. The City of Salina has been conforming
with this part of the statutory provision. A good example of this
would be the Sullivan Addition which was platted as one lot. This
lot was divided once for construction of JJ Chevrolet and then the
remaining part was divided a second time for a Shoney's restaurant
and other tracts which required a replat of Lot i of the Sullivan
Addition.
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION lo/~Tjr~ TIME
4:00 P,M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMENT
ITEM
NO. Roy Dudark
Page 2 BY: BY:
Staff believes that adoption of a formal lot split procedure for
the first division is also necessary to bring the City into
conformance with the second part of this statutory provision. The
primary reason for having a lot split approval procedure is to
prevent the creation of tracts or parcels that are "unbuildable"
because they are landlocked (no street access) or are too narrow
or to small to build on. An example of this would be a lot owner
that sells off the front half of a lot along a street leaving the
rear half with no frontage on or access to a public street. The
building official could not issue a building permit for the rear
portion of the lot because it lacks legal frontage. Another
example would be a landowner or developer retaining a 10 ft. or 15
ft. strip of a lot that was not wanted by a home builder. As a
separate ownership parcel this tract would be assessed a portion
of the special assessments for the subdivision. Because such a
tract is too small to be built on and not owned by either adjacent
owner, the assessments are likely to go unpaid and the strip will
likely end up at tax sale with the City's investment in streets
and utilities unrecovered for that portion of the lot.
These types of splits are occurring now and being recorded in the
Register of Deeds office without any review by City staff.
Information/Analysis
There are additional ramifications to splitting or carving up
platted lots in addition to those mentioned above. All utility
layouts and connections in subdivisions are installed based on the
platted lot lines. KPL sets utility poles, transformer pads and
gas line connections based on the plated lotlines. Water service
taps and sanitary sewer wyes are installed for each platted lot in
a subdivision. When platted lots are split, it is important to
determine the location of existing water taps and sewer wyes to
insure that each new building is connected to the tap and wye
installed for that lot. Also, every time a lot is split, special
assessments must be recalculated and reallocated based on the new
ownership boundaries. There have been cases where houses have
been built and no water tap or sewer connection is available and
there have been cases where a property owner has been assessed for
two water taps because of the way lots have been split.
CITY OF SALINA
REQUEST FOR COMMISSION ACTION 10/~r~ TIME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AG EN DA:
Pn mXNG & DEVELOP EN
"i~EM
NO. Roy Dudark
Page 3
BY:
Once again, staxx reviewed =he io=
other Kansas Jurisdictions as a guide to drafting proposed
regulations for Salina. As drafted, the proposed reguXatXons
would require an application and drawing only in situations where
a platted lot is proposed to be divided into two (2) separate
building tracts and not for lot line adjustments that do not
result in the creation of additional building lots.
Proposed Amendment
DIVISION 4. LOT SPLIT REGULATIONS
Sec. 36-59. Purpose
The purpose of these regulations is to provide for the division of
a lot within a subdivision into not more than two (2) lots or
tracts without having to comply with the platting requirements
described in these regulations. An existing platted lot may be
divided or split into not more than two (2) parts which singularly
or combined with an adjoining lot or part of a lot results in two
(2) building lots which meet the minimum size and area
requirements of the zoning district in which the lots are located.
Any further division of the new lots shall require replatting in
accordance with the requirements described in these regulations.
Section 36-60. Application procedure and requirements.
A written application for a split shall be made to the pXanning
department. Each application shall be submitted with 3 copies of
a plot plan, certified by a licensed land surveyor at a scale of
one inch (1") equals 30 feet or less and shall contain the
following information:
(a) Location of the existing lot within the subdivision as
related to the nearest existing streets;
(b) Location of existing easements and utilitXes~
(c) Dimensions of the divided portions of the lot;
(d) Location and width of.driveways or accessways, existing
and proposed;
(e) Dimensions of all existing structures and their
locations with respect to the existing lot lines;
(f) Signature of the owner(s); and,
(g) Legal description(s) of the property(Xes).
CITY OF SALINA
REQUEST FOR COMMISSION ACTION lO/~r~ I[ME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. PLANNING & DEVELOPMENT AGENDA:
ITEM Roy Dudark
NO.
Page 4
BY: BY:
Sec. 36-61. Planning ~a~ ~evxew. '
Upon receipt of the application, the planning department shall
review it for compliance with the zoning and subdivision
regulations. If the application and the plot plan comply with all
applicable regulations, the lot split shall be approved by the
planning department and shall bear the signature of the Planning
Director. The applicant shall file the approved lot split with
the Saline County Register of Deeds. A copy of the filed request
must be returned to the planning department, which will make and
distribute additional copies to the Building Official, City Clerk
and City Engineer.
Sec. 36-62. Approval Standards.
The division of lots pursuant to this chapter shall comply with
the comprehensive plan, any major street and road plans,
applicable zoning ordinance requirements these regulations and all
other applicable regulations. No lot split shall be approved if:
(a) A new street or alley is needed or proposed;
(b) There is less street right-of-way than required by this
chapter;
(c) Any easement requirements have not been satisfied or
existing easements would have to be modified to
accommodate the proposed lot split~
(d) The lot splits will result in a tract without frontage
on a public street or approved private street}
(e) A lot or parcel of substandard size will be created,
except where a lot split will result in the
substandard-sized portion being recombined with an
adjoining standard-sized, platted lot, and where this
recombination is duly filed and recorded with the
Saline County Register of Deeds; or,
(f) The lot split will result in a substantial increase in
service requirements (e.g. utilities, drainage, traffic
control, street improvements, etc.) and will constitute
a significant deviation from the basis upon which
approval of the original plat was granted.
Sec. 36-63. Building Permits.
No building permit shall be issued for any site which contains a
division of a platted lot of record, unless such division has been
approved in the manner provided by this chapter.
CITY OF SALINA
REQUEST FOR COMMISSION ACTION 10/~ IiME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMENT
ITEM
NO. Roy Dudark
Page 5 BY: BY:
Planning Commission Recommendation
The Planning Commission conducted a public hearing on this
proposed text amendment on September 19, 1995. At the conclusion
of the public hearing the Planning Commission voted 8-0 to
recommend approval of the requested change to the Zoning Ordinance
citing the following reasons=
a) The proposed amendment is consistent with the intent
and purpose of the Zoning Ordinance; and
b) The proposed amendment will not adversely affect the
orderly development of the City of Salina; and
c) The proposed amendment will not be detrimental to, or
endanger the public health, safety or general welfare
of the City of Salina.
City Commission Action
If the City Commission wishes to approve the amendment, a motion
should be passed approving the attached ordinance on first
reading. Second reading is scheduled for October 16. If the City
Commission disapproves of the amendment, the Commission may
regJect the amendment by a 2/3 vote (4-1) or return the amendment
to the Planning Commission for reconsideration by a simple
majority.
Encl= Application
Excerpt of PC Minutes 9/19/95
Ordinance %95 - 9710
P.C. Meeting Date September 19~ 1995 Application No. #z95-8
Date Filed l,~,~t 18. loo5 Filing Fee ~[A
Reviewed By Dean Andrew Receipt No.
GENERAL APPLICATION TO THE
SALINA CITY PLANNING COMMISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply
to the Saltna City Planning Commission for Amendment of the City of Salinq
R,,hR~v~4nn Rm~lm~tonm. Article II Application Procedure and Approval Process,
hr_ addtn~ DIVISION 4. Lot Solit ReKulations.
Applicant's Name (Print) Salina Cit7 Planning Commission
Address 300 W. Ash, Room 205 (Phone) 826-7260
Signature
Attach additional signature sheets if necessary. Be sure to include name, address,
phone and signature of each applicant on the additional sheets.
If the applicant(s) is to be represented by legal counsel or an authorized agent,
please complete the following in order that correspondence and communications per-
tatntng to this application may be forwarded to the authorized individual.
Name of Representative
Address
Telephone (Business)
Salina Planning Commission
September 19, 1995
Page 16
adversely affect the orderly development of the City of
Salina and it will not be detrimental to or endanger the
public health, safety or general welfare of the community.
SECOND= Mr. Umphrey seconded the motion.
VOTE= Motion carried 8-0.
#8. Application #Z95-8, filed by the City of Salina Planning
Commission, requesting amendment of the Subdivision
Regulations, Article II, Application Procedure and
Approval Process by adding DIVISION 4 Lot Split
Regulations.
Mr. Dudark stated this is something frankly that we have
been putting off. We talked to you about it in the past
and really had not brought our ordinance into full
compliance with the state planning laws which require that
we have a procedure for issuance of building permits on
divided lots and right now the law says that once you plat
a subdivision you can split a lot once without replatting
except for industrial lots which you can split any number
of times without replatting the lot. But it goes on to
say as we have underlined there, "such regulations shall
contain a procedure for issuance of building or zoning
permits on divided lots" and we don't have that procedure
in effect. Frankly, I don't know if we were to pass it
whether or not it would have an impact because what is
happening is people divide lots, they record deeds and we
never see the division of the lot prior to that going into
effect. We are going to have to work more closely with
the Register of Deeds to hopefully consult with people
that are doing this. We Just recently had a lot divided
out in Country Oak Estates that sold off the rear 50 ft.
There is no access to the rear 50 ft. I don't know how
that is going to work but things like that are happening
and prior to that we would have for example two 80 ft.
lots. The owner of those 80 ft. lots would sell the South
70 ft. of lot one keep the North 10 ft. of lot one and
then sell that plus the South 60 ft. of lot two to make a
70 ft. lot and then end up with a 20 ft. strip that they
own that was unbuildable. And then there would be special
assessments on it and they wouldn't get paid and
eventually it would go to tax sale and the public would
end up paying that so we need a better handle on these lot
splits. And we are not concerned about somebody that may
have Just platted 70 ft. and really needed 75 ft., they
are going in and making a division kind of as a lot line
adjustment and not resulting in any substandard building
tracts or not resulting in any more building lots. I mean
the same number of lots would exist after they did that
and everybody would be paying their fair share of those,
but even those can give you a problem when you have
utilities laid out based on that original platting. Sewer
wyes and so forth, you need to think about that before you
start carving up your tracts and end up having to install
another one or having somebody having two on their
property that they are paying for so it is not as simple
as it may seem Just to go in and do that. We are wanting
to try and do it administratively without having it on
your agenda and that sort of thing. No new streets would
be created, no new easements would be created, you
wouldn't essentially create a substandard lot. You would
simply come in with a drawing that would say here is what
I want to do, can you give me permission to do that, we
would look at it, do that and then they would go ahead and
complete their lot split and record the deed accordingly.
I don't know if we can make it any better, you know but we
have got to do something about it at least to get involved
in the action a little bit more.
Mr. Hardman asked are there any questions of staff?
Mr. Morse asked is there a fee associated with that?
Salina Planning Commission
September 19, 1995
Page 17
Mr. Dudark stated we haven't thought of one, I don't know
what it would be, it would be a minor fee if there was, we
look at it as a pretty simple thing to do.
Mrs. Duckers asked is this a completely new section or an
expanded section of the zoning text or a revision to or
what?
Mr. Dudark stated it would be a new division to the
subdivision regulations, Division Four, so it would be a
part of the subdivision regulations that doesn't exist
now.
Mrs. Duckers asked we are not changing anything?
Mr. Dudark stated nothing is being changed that is there
at present, we are adding a part to it and it still
doesn't affect the replatting, if you divide a lot more
than once then you would still have to go through and
replat that, like the JJ Chevrolet and the Shoney's tract
that after the first split they came in with a replat that
reestablished the lot lines so that you had a new drawing
to work off of.
Mr. Hardman asked are there any other questions? Hearing
none I would entertain a motion and please formulate it
according to Policy statement 87-1.
Mr. Blevins asked is there a purpose for a lot split that
would not foresee a building lot? I am thinking of a deed
for a partial parcel of a tract for some other purpose, is
there going to be any confusion when that happens?
Secondly would there be any confusion as to why would they
have to have street frontage for instance, that kind of
thing.
Mr. Dudark stated I don't know other than to intentionally
escape a special assessment in knowing that you are not
going to have a building lot at the end of that would be
the only thing that I could think of you know maybe
marginal land, you know something like that. We are not
thrilled about this obviously, we would have already
brought it to you sooner but the law has been in effect
since 1992 and we are just now trying to do something with
it.
Mr. Blevins asked the Register of Deeds, you have
consulted with them and how they feel about receiving
these new documents are they going to have to Judge as to
whether it has been adequately approved are they going to
file unapproved splits?
Mr. Dudark stated they are not thrilled with it either but
I think that once we amend our ordinance then they will
work with us a lot more closely than they would without
having some City regulation to use.
Mr. Blevins asked what were you able to find in other
communities along these lines.
Mr. Dudark stated we did find some that had done this and
typically in larger cities a lot more of these happen so
they are dealing with them. Typically they are called
Deed Approvals, you will approve the deed before it is
recorded and some places call them Administrative Lot
Splits, or Divisions of Platted Lots. There are different
names for them.
Mr. Blevins stated that gets a bit to what I was referring
to earlier, in the other communities if they call it a
Deed Approval which would preceed any use of the property,
it would seem to me when you call it a building lot, that
is a specific use.
Salina Planning Commission
September 19, 1995
Page 18
Mr. Dudark stated that is really what the statute
addresses is dealing with the building lot.
Mr. Blevins asked is that defined?
Mr. Dudark stated yes that is in the first page of the
staff report "for the issuance of building or zoning
permits". That seems to be what they are getting at
there. So the lot line adjustment like I say where you
are not creating any new building lots then that really
wouldn't fall under the technical definition.
Mr. Morse stated I am just curious as to what the
consequences are if no action has been taken, if it is
delayed three years.
Mr. Dudark stated I don't know what it would be. Probably
not a whole lot of consequences, really other than we are
not trying to address this and somebody could say well why
haven't you been doing your Job?
Mr. Blevins stated well actually there could be a private
action that could be filed by a private party at some
point if they were aggrieved by the lack of this procedure
and that would be uncomfortable for the city. Not likely
but it could happen.
Mr. Hardman stated it appears based on our Kansas Statues
that it would be appropriate for us to pass an amendment
of this type, whether or not how pleased we might be with
it at this point and time certainly if we find this is
entirely not workable a further amendment is possible in
the future.
MOTION= Mr. McCoach moved to recommend to the City Commission
approval of the addition of DIVISION 4 to the Subdivision
Regulations, in that it is consistent with its intent and
purpose of the ordinance, and it will not adversely affect
the development of the City and it doesn't appear to be
detrimental to the public health and safety and welfare of
the City of Salina.
SECOND: Mr. Allen seconded the motion.
VOTE: Motion carried 8-0.
#9. Election of Chairman and Vice Chairman.
Mr. Hardman stated I would like to state that this meeting
concludes my second year as your chairman and it has been
customary that the chairman serve for two years and will
step down so I will not be accepting any further
nominations for Chairman of the Commission. I want to
thank the Commission for their support and assistance over
the last two years it has been a pleasure working with
each one of you and most importantly I want to thank
staff, Kim, Dean and Roy for the excellent work that you
have done which makes our Job infinitely easier thanks to
all of you and with that I will turn the election over to
the Secretary of the Planning Commission Roy Dudark.
Mr. Dudark stated Mr. Chairman I would Just echo it has
been a pleasure working with you during this period to.
At this time, I will open the floor for nominations for
the election of the Chairman first and the Vice Chairman
next, after the By-law amendment that was adopted all
members that are on the Planning Commission now are
eligible for election as the Chairman.
MOTION: Mr. Hardman nominated Mr. McCoach as Chairman of the
Planning Commission.
SECOND: Mr. Blevins seconded the motion.
ORDINANCE NUMBER 95=9710
AN ORDINANCE AMENDING CHAPTER 36, ARTICLE II, OF THE
SALINA CODE BY ADDING DIVISION 4, SECTIONS 36-59 THROUGH 36-63
REGARDING LOT SPLIT REGULATIONS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Sections 36-59 through 70 of the Salina Code are
hereby added to read as follows:
"DIVISION 2. LOT SPLIT REGULATIONS
Section 36-59. Purpose.
The purpose of these regulations is to provide for the
division of a lot within a subdivision into not more than
two (2) lots or tracts without having to comply with the
platting requirements described in these regulations. An
existing platted lot may be divided or split into not more
than two (2) parts which singularly or combined with an
adjoining lot or part of a lot results in two (2) building
lots which meet the minimum size and area requirements of
the zoning district in which the lots are located. Any
further division of the new lots shall require replatting in
accordance with the requirements described in these
regulations.
Section 36-60. Application procedure and requirements.
A written application for a split shall be made to the
Planning Department. Each application shall be submitted
with three (3) copies of a plot plan, certified by a
licensed land surveyor at a scale of one inch (1") equals
thirty (30) feet or less and shall contain the following
information:
(a) Location of the existing lot within the subdivision as
related to the nearest existing streets;
(b) Location of existing easements and utilities;
(c) Dimensions of the divided portions of the lot;
(d) Location and width of driveways or accessways,
existing and proposed;
(e) Dimensions of all existing structures and their
locations with respect to the existing lot lines;
(f) Signature of the owner(s); and
(g) Legal description(s) of the property(ies).
Section 36-61. Planning staff review.
Upon receipt of the application, the Planning
Department shall review it for compliance with the Zoning
and Subdivision Regulations. If the application and the
plot plan comply with all applicable regulations, the lot
split shall be approved by the Planning Department and
shall bear the signature of the Planning Director. The
applicant shall file the approved lot split with the Saline
County Register of Deeds. A copy of the filed request
must be returned to the Planning Department, who will
make and distribute additional copies to the Building
Official, City Clerk and City Engineer.
Section 36-62. Approval standards.
The division of lots pursuant to this chapter shall
comply with the Comprehensive Plan, any major street and
road plans, applicable zoning ordinance requirements,
these regulations and all other applicable regulations. No
lot split shall be approved if:
(a) A new street or alley is needed or proposed;
(b) There is less street right-of-way than required by this
chapter;
(c) Any easement requirements have not been satisfied or
existing easements would have to be modified to
accommodate the proposed lot split;
(d) The lot splits will result in a tract without frontage
on a public street or approved private street;
(e) A lot or parcel of substandard size will be created,
except where a lot split will result in the
sub standard- sized portion being r ecombined with an
adjoining standard- sized, platted lot and where this
recombination is duly filed and recorded with the Saline
County Register of Deeds; or
(f) The lot split will result in a substantial increase in
service requirements (e.g. utilities, drainage, traffic
control, street improvements, etc.) and will constitute a
significant deviation from the basis upon which approval of
the original plat was granted.
Section 36-63. Building permits.
No building permit shall be issued for any site which
contains a division of a platted lot of record, unless such
division has been approved in the manner provided by this
chapter.
Sections 36-64 - 36-70. Reserved."
Section 2. That this ordinance shall take effect and be in force from
and after its adoption and publication once in the official city newspaper.
Introduced: October 9, 1995
Passed: October 16, 1995
(SEAL}
ATTEST:
John Divine, Mayor
Judy D. Long, City Clerk