HomeMy WebLinkAbout2011 03 15 Major Minor ReplatMEMORANDUM CITY OF SPRINGFIELD
DATE OF WORK SESSION/PUBLIC HEARING: March 15, 2011
TO: Springfield Planning Commission PLANNING
COMMISSION
TRANSMITTAL
FROM: Gary M. Karp, Planner III MEMORANDUM
SUBJECT: Springfield Development Code (SDC) Amendment to revise the current Replat application and review
process to establish a Major and Minor Replat Application and Review Process; and revision of the Property Line
Adjustment submittal requirements – TYP411‐00002, City of Springfield, Applicant
ISSUE
Several citizens have approached staff requesting the: establishment of a more efficient process to eliminate
and/or relocate both recorded Subdivision and Partition inner and outer boundary lines and property lines; and
revision of the Property Line Adjustment submittal requirements.
DISCUSSION
In order to address the citizen request to establish a more efficient process to eliminate and/or relocate both
recorded Subdivision and Partition exterior and/or interior boundary lines or property lines, the existing
Subdivision/Partition Replat application process (SDC Section 5.12‐100) is proposed to be amended establish a
“Major” and “Minor” Replat application and review process. A Major Replat is defined as the elimination and/or
relocation of more than two exterior and/or interior common boundary lines or property lines within a recorded
Subdivision; or an increase of any lots; or decrease of two or more lots within a recorded Subdivision. A Major
Replat application would be processed in the same manner as a Subdivision; with a Tentative Plan (Type II review)
and a Plat (Type I review). A Minor Replat is defined as the elimination and/or relocation no more than two
exterior and/or interior common boundary lines or property lines; or a decrease of one lot/parcel within a
recorded Subdivision or Partition. A Minor Replat application would be processed in the same manner as a
Partition with a similar Tentative Plan and Plat review process. Staff presented the proposed amendments to the
Professional Land Surveyors of Oregon (PLSO) on March 8th for their comments.
Additionally, there is a citizen request to delete the requirement that Property Line Adjustment draft deeds be
submitted with the Preliminary Survey (SDC Section 5.16‐120B.4. and 5.).
RECOMMENDATION/ACTION REQUESTED
Advise the City Council, by motion and signature of the attached Order and Recommendation by the Planning
Commission Chairperson, to approve the proposed SDC amendments by Ordinance at their public hearing on April
18, 2011.
ATTACHMENTS
Attachment 1: SDC Amendment Staff Report, Findings and Order
Attachment 2: Proposed SDC Amendments
ATTACHMENT 1
SDC AMENDMENT
STAFF REPORT, FINDINGS AND ORDER
APPLICANT
City of Springfield ‐ TYP411‐00002
REQUEST
Amendment of the Springfield Development Code (SDC) Sections 5.4‐100, 5.12‐155, 5.12‐160, 5.12‐165, 5.16‐120,
and 6.1‐110 – Establishing a Major and Minor Replat application and review process; and amendment of the
Property Line Adjustment submittal requirements.
BACKGROUND
Currently, the Vacation process (SDC Section 5.20‐100) is the only way to eliminate and/or relocate the outer
boundary of a recorded Subdivision or Partition. The Vacation process can eliminate and/or relocate interior
lot/parcel boundaries, but not property lines. In order to relocate common property lines, a Property Line
Adjustment application (SDC Section 5.16‐100) is also required. The current Replat process (SDC Sections 5.12‐
155‐165) can eliminate and/or relocate interior lot/parcel boundaries and property lines. In the past, there have
been a number of instances where banks refused to approve loans unless the common boundaries were also
eliminated, even though the intent was to relocate common property lines. In order to address the citizen
request to establish a more efficient process to eliminate and/or relocate both recorded Subdivision and Partition
inner and outer boundary lines and property lines, the existing Subdivision/Partition Replat application process is
proposed to be amended to establish a “Major” and “Minor” Replat application and review process. Both Eugene
and Lane County currently use a similar procedure.
Additionally, staff is supportive of the request to delete the requirement that Property Line Adjustment draft
deeds be submitted with the Preliminary Survey (SDC Section 5.16‐120B.4. and 5.).
SPRINGFIELD DEVELOPMENT CODE CRITERIA FOR SDC AMENDMENTS
SDC 5.6‐115 establishes criteria that must be met in order to approve this request. “In reaching a decision on
these actions, the Planning Commission and the City Council shall adopt findings which demonstrate
conformance to the following: (1) The Metro Plan; (2) Applicable State statutes; and (3) Applicable State‐wide
Planning Goals and Administrative Rules.”
(1) The Metro Plan;”
“The Eugene‐Springfield Metropolitan Area General Plan [Metro Plan] is the official long‐range general plan
(public policy document) of metropolitan Lane County and the cities of Eugene and Springfield. Its policies and
land use designations apply only within the area under the jurisdiction of the Plan. The Plan sets forth general
planning policies and land use allocations and serves as the basis for the coordinated development of programs
concerning the use and conservation of physical resources, furtherance of assets, and development or
redevelopment of the metropolitan area.” P. I‐1
Staff Response and Finding:
The Metro Plan is a “general” policy document that must be implemented by more detailed zoning and land
division regulations that are found in the SDC. The proposed Minor Replat application and review process and
Attachment 1-1
amendment of the Property Line Adjustment submittal requirements are amendments of existing SDC regulations
that have been acknowledged by DLCD. Replats and Property Line Adjustments are not discussed in the Metro
Plan; they are, however, discussed in ORS 92.180‐192 (see criterion (2), below). There are no Metro Plan policies
that apply to the proposed amendment.
“(2) Applicable State statutes,”
REPLATS ORS 92.180‐192
“92.180 Authority to review replats.
(1) Each agency or body authorized to approve subdivision or partition plats under ORS 92.040 shall have the
same review and approval authority over any proposed replat of a recorded plat.
(2) Nothing in this section regarding replatting shall be construed to allow subdividing or partitioning of land
without complying with all the applicable provisions of this chapter.
92.185 Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements. The act of
replatting shall allow the reconfiguration of lots or parcels and public easements within a recorded plat. Except
as provided in subsection (5) of this section, upon approval by the reviewing agency or body as defined in ORS
92.180, replats will act to vacate the platted lots or parcels and easements within the replat area with the
following conditions:
(1) A replat, as defined in ORS 92.010 shall apply only to a recorded plat.
(2) Notice shall be provided as described in ORS 92.225 (4) when the replat is replatting all of an undeveloped
subdivision as defined in ORS 92.225.
(3) Notice, consistent with the governing body of a city or county approval of a tentative plan of a subdivision
plat, shall be provided by the governing body to the owners of property adjacent to the exterior boundaries of
the tentative subdivision replat.
(4) When a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected
utility companies or public agencies shall be notified, consistent with a governing body’s notice to owners of
property contiguous to the proposed plat. Any utility company that desires to maintain an easement subject to
vacation under this section must notify the governing body in writing within 14 days of the mailing or other
service of the notice.
(5) A replat shall not serve to vacate any public street or road.
(6) A replat shall comply with all subdivision provisions of this chapter and all applicable ordinances and
regulations adopted under this chapter.
92.190 Effect of replat; operation of other statutes; use of alternate procedures.
(1) The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions.
(2) Nothing in ORS 92.180 to 92.190 is intended to prevent the operation of vacation actions by statutes in ORS
chapter 271 or 368.
(3) The governing body of a city or county may use procedures other than replatting procedures in ORS 92.180
and 92.185 to adjust property lines as described in ORS 92.010 (12), as long as those procedures include the
recording, with the county clerk, of conveyances conforming to the approved property line adjustment as
surveyed in accordance with ORS 92.060 (7).
(4) A property line adjustment deed shall contain the names of the parties, the description of the adjusted line,
references to original recorded documents and signatures of all parties with proper acknowledgment.
92.192 Property line adjustment; zoning ordinances; lot or parcel size.
(1) Except as provided in this section, a unit of land that is reduced in size by a property line adjustment
approved by a city or county must comply with applicable zoning ordinances after the adjustment.
(2) Subject to subsection (3) of this section, for properties located entirely outside the corporate limits of a city,
a county may approve a property line adjustment in which:
(a) One or both of the abutting properties are smaller than the minimum lot or parcel size for the applicable
zone before the property line adjustment and, after the adjustment, one is as large as or larger than the
minimum lot or parcel size for the applicable zone; or
Attachment 1-2
(b) Both abutting properties are smaller than the minimum lot or parcel size for the applicable zone before and
after the property line adjustment.
(3) On land zoned for exclusive farm use, forest use or mixed farm and forest use, a property line adjustment
under subsection (2) of this section may not be used to:
(a) Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is
smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is
approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as
or larger than the minimum tract size required to qualify the vacant tract for a dwelling;
(b) Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a
dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to
a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling; or
(c) Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to
qualify another tract for a dwelling if the land use approval would be based on an acreage standard.”
Staff Response and Finding:
Springfield’s current Replat and Property Line Adjustment regulations are consistent with ORS 92.180‐192. The
proposed Minor Replat regulations and amendment of the Property Line Adjustment submittal requirements are
amendments of an existing acknowledged SDC regulation, and therefore, are also consistent with ORS 92.180‐
192.
POST ACKNOWLEDGEMENT PROCEDURES ORS 197.610
“197.610 Local government notice of proposed amendment or new regulation; exceptions; report to
commission.
(1) A proposal to amend a local government acknowledged comprehensive plan or land use regulation or to
adopt a new land use regulation shall be forwarded to the Director of the Department of Land Conservation and
Development at least 45 days before the first evidentiary hearing on adoption. The proposal forwarded shall
contain the text and any supplemental information that the local government believes is necessary to inform
the director as to the effect of the proposal. The notice shall include the date set for the first evidentiary
hearing. The director shall notify persons who have requested notice that the proposal is pending.
(2) When a local government determines that the goals do not apply to a particular proposed amendment or
new regulation, notice under subsection (1) of this section is not required. In addition, a local government may
submit an amendment or new regulation with less than 45 days’ notice if the local government determines that
there are emergency circumstances requiring expedited review. In both cases:
(a) The amendment or new regulation shall be submitted after adoption as provided in ORS 197.615 (1) and (2);
and
(b) Notwithstanding the requirements of ORS 197.830 (2), the director or any other person may appeal the
decision to the board under ORS 197.830 to 197.845….”
Staff Response and Finding:
The proposed Minor Replat application and review process and amendment of the Property Line Adjustment
submittal requirements are amendments of an existing acknowledged SDC regulation. The Minor Replat
application will be processed in the same manner as the existing Subdivision application which is a Type II
Director’s decision requiring public notice. Except for the public notice requirements of Statewide Planning Goal 1
(see also Criterion (3), below); there are no Statewide Planning Goals that apply to this proposed amendment.
Therefore, the 45 day notice to Department of Land Conservation and Development (DLCD) prior to the first
evidentiary hearing is not required. However, staff will notice DLCD after adoption of the Ordinance as specified
in ORS 197.610(2)(a).
Attachment 1-3
“(3) Applicable Statewide Planning Goals and Administrative Rules.”
GOAL 1: CITIZEN INVOLVEMENT ‐ OAR 660‐015‐0000(1)
GOAL 2: LAND USE PLANNING OAR 660‐015‐0000(2)
GOAL 3: AGRICULTURAL LAND OAR 660‐015‐0000(3)
GOAL 4: FOREST LANDS OAR 660‐015‐0000(4)
GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES OAR 660‐015‐0000(5)
GOAL 6: AIR, WATER AND LAND RESOURCES QUALITY OAR 660‐015‐0000(6)
GOAL 7: AREAS SUBJECT TO NATURAL HAZARDS OAR 660‐015‐0000(7)
GOAL 8: RECREATIONAL NEEDS OAR 660‐015‐0000(8)
GOAL 9: ECONOMIC DEVELOPMENT OAR 660‐015‐0000(9)
GOAL 10: HOUSING OAR 660‐015‐0000(10)
GOAL 11: PUBLIC FACILITIES AND SERVICES OAR 660‐015‐0000(11)
GOAL 12: TRANSPORTATION OAR 660‐015‐0000(12)
GOAL 13: ENERGY CONSERVATION OAR 660‐015‐0000(13)
GOAL 14: URBANIZATION OAR 660‐015‐0000(14)
GOAL 15: WILLAMETTE RIVER GREENWAY OAR 660‐015‐000(15)
GOAL 16: ESTUARINE RESOURCES OAR 660‐015‐000(16)
GOAL 17: COASTAL SHORELANDS OAR 660‐015‐000(17)
GOAL 18: BEACHES AND DUNES OAR 660‐015‐000(18)
GOAL 19: OCEAN RESOURCES OAR 660‐015‐000(19)
Staff Response and Finding:
Goals 1‐15. The proposed amendment responds to a local need that was brought to staff’s attention by the
public. There are no Statewide Planning Goals or Administrative Rule that apply to the proposed amendments or
which this amendment seeks to implement other than compliance with Goal 1, Citizen Involvement, pertaining to
public notice. Notice of Planning Commission and City Council public hearings were printed in the Register Guard
on March 1, 2011 in accordance with SDC 5.2‐115B. There are no applicable OARs. In addition, staff presented
the proposed amendments to the PLSO for their comments prior to the Planning Commission public hearing.
Goals 16‐19. These goals do not apply because there are no coastal, ocean, estuarine, or beach and dune
resources within Springfield’s jurisdiction.
CONCLUSION/RECOMMENDATION/REQUESTED ACTION
Staff has demonstrated proposed SDC amendment criteria of approval listed in SDC 5.6‐115: (1) The Metro Plan;
(2) Applicable State statutes; and (3) Statewide Planning Goals and Administrative Rules either do not apply or
minimally impacts, the proposed amendment establishing a Minor Replat application and review process and
amendment of the Property Line Adjustment submittal requirements.
Staff recommends the Planning Commission: approve the attached Order and forward the proposed amendment
of SDC 36.135 to the City Council with a recommendation for adoption.
Attachment 1-4
BEFORE THE PLANNING COMMISSION
OF THE CITY OF SPRINGFIELD, OREGON
ORDER AND RECOMMENDATION FOR ] TYP411‐00002
THE AMENDMENT OF SPRINGFIELD ]
DEVELOPMENT CODE SECTIONS 5.4‐100, ]
5.12‐155, 5.12‐160, 5.12‐165, 5.16‐120, ]
and 6.1‐110 ]
RECOMMENDATION TO THE CITY COUNCIL
NATURE OF THE APPLICATION
1. On February 8, 2010 the following application was accepted: Amendment of the Springfield Development
Code (SDC) Sections 5.4‐100, 5.12‐155, 5.12‐160, 5.12‐165, 5.16‐120, and 6.1‐110 to amend the current
Replat application and review process and establish a Major and Minor Replat Application and Review
Process; and revision of the Property Line Adjustment submittal requirements.
TYP411‐00002 – City of Springfield, Applicant.
2. The application was initiated and submitted in accordance with Section 5.4‐105 of the Springfield
Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 5.2‐115 of the
Springfield Development Code, has been provided. In addition, staff attended the March 8th PLSO meeting for
comments on the proposed SDC amendment.
3. On March 15, 2011, the Planning Commission held a public hearing on the proposed SDC amendments. The
Development Services Department staff notes and recommendation together with the oral testimony and
written submittals of the persons testifying at that hearing have been considered and are part of the record of
this proceeding.
CONCLUSION
On the basis of this record, the proposed SDC amendments are consistent with the criteria of Section 5.6‐115(1‐3)
of the Springfield Development Code. This general finding is supported by the specific findings of fact and
conclusion in Attachment 1, Staff Report and Findings.
ORDER/RECOMMENDATION
It is ORDERED by the Springfield Planning Commission that approval of TYP411‐00002 be GRANTED and a
RECOMMENDATION for approval forwarded to the Springfield City Council.
__________________________________
Planning Commission Chairperson
ATTEST
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 1-5
1
ATTACHMENT 2
PROPOSED SDC AMENDMENTS
Commentary. Text proposed to be deleted is shown as: [strike through]. Language proposed to be added is shown
as: language added. The added/amended text is highlighted for the reader’s convenience.
Section 5.4‐100 Development Applications
Subsections:
5.4‐100 Development Applications
5.4‐105 Basic Application Submittal Requirements and Completeness Time Lines
5.4‐100 Development Applications
Table 5.4‐1 Development Applications
Type of Application Decision Type Applicable SDC Sections
Accessory Dwelling Unit Type I 5.5‐100
Amendment of Development Code Text Type IV 5.6‐100
Amendment of Refinement Plan Text or Diagram Type IV 5.6‐100
Annexation Type IV 5.7‐100
Appeal of a Type II Director’s Decision Type III 5.3‐100
Appeal of Type III Decision to City Council Type IV 5.3‐100
Appeal of an Expedited Land Division Type III 5.3‐125
Conceptual Development Plan Type III Applicable Section
Conceptual Development Plan Amendment Type III Applicable Section
Demolition of Historic Landmark Type III 3.3‐900
Determination of Non‐Conforming Use Status Type I 5.8‐100
Development Issues Meeting Type I 5.1‐100
Discretionary Use Type III 5.9‐100
Drinking Water Protection Overlay District Development Type I 3.3‐200
Establishment of Historic Landmark Inventory Type III 3.3‐900
Expansion/Modification of a Non‐Conforming Use Type II 5.8‐100
Expedited Land Division Type II 5.1‐145
Extraterritorial Extension of Water or Sewer Service Type IV 3.3‐825
Final Site Plan Equivalent Type I 5.17‐100
Final Site Plan Review/Development Agreement Type I 5.17‐100
Floodplain Development Type I 3.3‐400
Hillside Development Overlay District Type II 3.3‐500
Historical Commission Review—Major Alteration Type II 3.3‐900
Historical Commission Review—Minor Alterations Type I 3.3‐900
Home Occupations Type I 4.7‐165
HS Hospital Support Overlay District Type II 3.3‐1100
Interpretation involving policy Type IV 5.11‐100
Interpretation not involving policy Type II 5.11‐100
Land Use and Zoning Compatibility Statement Type I 3.1‐100
Major or Minor Replat Tentative Plan Type II 5.12‐100
Attachment 2-1
2
Major or Minor Replat Plat Type I 5.12‐100
Major Variance Type III 5.21‐100
Emergency Medical Hardship Type II 5.10‐100
Manufactured Dwelling Park Type II 3.2‐235
Manufactured Dwelling Park Space Line Adjustment Type I 3.2‐235
Manufactured Home—Temporary Residential Use Type I 3.2‐235
Master Plan Type III 5.13‐100
Master Plan Amendment Various 5.13‐100
Metro Plan Amendment Type I (text) or Type II
(diagram)
Type IV 5.14‐100
Minimum Development Standards Type I 5.15‐100
Minor Variance Type II 5.21‐100
Partition Replat Tentative Plan Type II 5.12‐100
Partition Tentative Plan Type II 5.12‐100
Pre‐Application Report Type I 5.1‐100
Property Line Adjustment—Single Type I 5.16‐100
Property Line Adjustment—Serial Type II 5.16‐100
Site Plan Modification—Minor Type I 5.17‐100
Site Plan Review Modification—Major Type II 5.17‐100
Site Plan Review Type II 5.17‐100
Solar Access Protection Type II 5.18‐100
[Subdivision Replat Tentative Plan Type II 5.12‐100]
Subdivision Tentative Plan Type II 5.12‐100
[Subdivision/Replat Plat Type I 5.12‐100]
Tree Felling Permit Type II 5.19‐100
Vacation of Plats, Public Right‐of‐way, or Other Public
Property
Type IV 5.20‐100
Vacation of Public Easements Type II 5.20‐100
Willamette Greenway Overlay District Development Type III 3.3‐300
Wireless Telecommunications Systems Facilities Type I, II, or III 4.3‐145
Zoning Map Amendment Type III 5.22‐100
5.12‐155 Major or Minor Replat—General
A. A Major Replat [is the act of platting the lots, parcels and easements in a recorded Subdivision or Partition
Plat to achieve a reconfiguration of the existing Subdivision or Partition Plat or to increase or decrease the
number of lots in the subdivision] is the elimination and/or relocation of more than two exterior and/or
interior common boundary lines or property lines within a recorded Subdivision; or an increase in the
number of lots; or decrease of two or more lots within a recorded Subdivision.
[EXCEPTION: The relocation of a common boundary line between lots/parcels within a recorded
Subdivision or Partition shall not be considered a Replat. A Property Line Adjustment may occur within a
recorded Subdivision or Partition as specified in Section 5.16‐100.]
Attachment 2-2
3
B. A Minor Replat is the elimination and/or relocation of no more than two exterior and/or interior common
boundary lines or property lines within a recorded Subdivision or Partition; or a decrease of one lot/parcel
within a recorded Subdivision or Partition.
[B]C. [A] No Replat shall be used to vacate public right‐of‐way [or the outer boundary of] in a recorded
Subdivision or Partition. In [these] this case[s], a concurrent Vacation application is reviewed under Type
IV [Review] procedure as specified in Section 5.20‐100.
12‐155
5.12‐160 Major or Minor Replat Review
The Major Replat is processed as a Subdivision. The Minor Replat is processed as a Partition.
A. All Replat Plats are reviewed under Type I procedure.
B. All Replat Tentative Plans are reviewed under Type II procedure.
C. In addition to the Type II notice requirement specified in Section 5.1‐130, when a utility easement is
proposed to be realigned, reduced or increased in width or omitted by any Replat, all affected utility
companies shall also be notified. Any utility company that desires to maintain an easement subject to
vacation under this Section shall notify the City in writing within 14 days of the mailing of the notice.
5.12‐165 Major or Minor Replat—Application Processing
All Replat Tentative Plans and Plats shall comply with all current land division provisions as specified in Sections
5.12‐105 through 5.12‐165.
Item number 6 was suggested by the PLSO on March 8, 2011 – Even a 5 foot movement of a property line or outer
boundary may affect the value of the land. This is why it is important to obtain this approval.
EXCEPTIONS:
A. All of the following additional information shall be required on the Tentative Plan. Items 1. through 5.
shall also be required on the Replat Plat:
1. The word “Major Replat” or “Minor Replat” shall be shown in the title block;
2. The name or reference number of the previous Plat and any additional recording information shall
be retained in the title of the Replat;
3. Blocks, lots/parcels and portions thereof which are being replatted shall be identified, where
applicable;
4. Original Plat information being deleted, abandoned, or changed by the Replat shall be shown in a
distinct line type on the drawing with a note of explanation; and
5. Any Replat of existing lots/parcels containing buildings shall show existing building outlines
including their setbacks from the proposed property lines and lot/parcel coverage requirements,
where applicable.
Attachment 2-3
4
6. If applicable, obtain conveyance approval from the mortgage holder.
B. The Director may exempt certain aspects of and/or reports required at Tentative Plan submittal, if a
finding is made that the exemption will not have an adverse impact on public safety. However, the
applicant shall submit a written request for an exemption to the Director prior to submittal of the
Tentative Plan.
C. If the existing land division abuts a Water Quality Limited Watercourse (WQLW), as shown on the WQLW
Map on file in the Development Services Department, the water quality protection specified in Section
4.3‐115 shall not apply to the Tentative Plan where that Plan includes one or more existing single‐family
dwellings or duplexes in the Low Density Residential District on lots/parcels 10,000 square feet in size or
less. However, the water quality protection specified in Section 4.3‐115 shall apply if the intent of the
Replat Tentative Plan is to create additional lots/parcels and/or if the size of the lots/parcels containing
existing single‐family dwellings or duplexes is increased to more than 10,000 square feet in size.
Commentary. These submittal requirements are for the Property Line Adjustment Preliminary Survey. See the
additional commentary, below.
5.16‐120 Submittal Requirements
A. A Preliminary Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor. The
format of the Preliminary Survey and the data to be shown shall be as follows:
1. The Preliminary Survey shall be drawn in compliance with ORS 92.
2. The scale shall be appropriate to the area involved and the amount of detail and data, normally 1″
= 20’, 1″ = 50′ or 1″ = 100′.
3. A north arrow, date of preparation and the title which shall include the following language:
“Proposed Property Line Adjustment Survey.”
4. The name and address of the property owners, and the applicant, if different.
5. A drawing of the boundaries of the lots/parcels/tracts of land involved, to include dimensions and
square footage calculations.
6. The zoning and plan designation of the lots/parcels.
7. The existing property line and proposed property line, clearly differentiated by line type.
8. The location and outline to scale of all existing structures to include their required setbacks from
the current property lines and those from the proposed property line.
9. The locations, widths and names of all existing streets, alleys, or other rights‐of‐way within or
adjacent to the lots/parcels and the location and width of driveways.
Attachment 2-4
5
10. The location of all public and private easements and utility lines within or crossing the
lots/parcels. For properties outside the city limits but within the City’s urban service area, septic
and drain fields shall be shown.
11. Reference to the recorded Subdivision or Partition by name or reference number and blocks,
lot/parcel numbers, where applicable.
B. The following additional information shall be submitted with the Preliminary Survey:
1. A brief narrative explaining reason for the proposed Property Line Adjustment and the existing
use of the lots/parcels.
2. A copy of the current deeds for the lots/parcels.
3. If the applicant is not the property owner, written permission from all property owners is
required.
Commentary. This proposed revision was submitted by D. Wellman, a Surveyor, who responded to staff’s
questionnaire during the Code Reformat Project in 2007. He suggested deleting the requirement for Property Line
Adjustment draft deeds submitted with the Preliminary Survey. The Property Line Adjustment deeds are still
required as a Preliminary Survey condition of approval, as specified in Sections 5.16‐135 and 5.16‐140.
4. [A draft of the Property Line Adjustment deeds. For serial Property Line Adjustments that are
reviewed under Type II procedure, separate deeds shall be prepared for each adjustment.]
[5]. For serial Property Line Adjustments reviewed under Type II procedure, the following shall also be
submitted:
a. A written explanation of the sequencing of adjustments; and
b. A diagram identifying each adjustment, in sequence [, cross referenced to the Property
line Adjustment deeds required in Subsection 4., above].
6.1‐110 Meaning of Specific Words and Terms
Commentary. A revised definition is proposed for “Replat, Major” and a new definition is proposed for “Replat,
Minor”.
Replat, Major. [The act of platting the lots, parcels and easements in a recorded Subdivision or Partition Plat to
achieve a reconfiguration of the existing Subdivision or Partition Plat or to increase or decrease the number of lots
in the Subdivision or decrease.] The elimination and/or relocation of more than two exterior and/or
interior common boundary lines or property lines within a recorded Subdivision; or an increase in the
number of lots; or decrease of two or more lots within a recorded Subdivision.
Replat, Minor. The elimination and/or relocation of no more than two exterior and/or interior common boundary
lines or property lines within a recorded Subdivision or Partition; or a decrease of one lot/parcel within a recorded
Subdivision or Partition.
Attachment 2-5