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HomeMy WebLinkAbout272_Lot Split ProceduresCITY OF OWASSO ORDINANCE NO. 272 -AN ORDINANCE AMEHINDING SECTION 4.021 OF THE OWASSO SUBDIVISION, REGULATIONS, (ORDINANCE NO. 116, -ADOPTED AUGUST 7, 1969) PROVIDING FOR THE ESTABLISHMENT OF REASONABLE STANDARDS OF DESIGN AND PROCEDURES FOR LOT-SPLITS, REPEALING PORTIONS THEREOF, AND DECLARING AN EMERGENCY. WHEREAS, Title 11, Oklahoma Statutes, Section 401 through 437 inclusive and its amendment empower the City to engage in Comprehensive City and Regional Planning and Zoning and to enact suitable ordinances carrying out the purposes of said acts; and WHEREAS, the Owasso City Planning Commission has duly adopted the Owasso Subdivision Regulation, Ordinance 116 and its amendments to carry out the purpose of said acts; and WHEREAS, the Owasso City Council deems it necessary for the carrying out of the purpose of said acts and of promoting the health, safety, morals or general welfare of the community to amend said Owasso Subdivision Regulations; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA- Section 1. That Section 4.021 of the OWASSO SUBDIVISION REGULATIONS be amended to read as follows: 4.021 LOT-SPLITS The following procedure shall be followed in processing lot-splits: 1. Application Form and Drawing. A lot-split application with a drawing showing the proposed lot-split as a part of or attach- ed thereto, shall be filed with the Planning Commission staff and the fee provided by ordinance shall be paid to the City Clerk in accordance with the following requirements: (a) the drawing shall include all existing and proposed lot lines, all existing buildings and improvements and their distances from lot lines, adjacent streets and street widths, existing access limitations, and a north arrow and scale. (b) in all cases where drawings are attached on separate sheets, the applicant is to limit their size to 81-2" x 14", unless other- wise permitted by the Planning Commission or its appointee to handle such -matters. 2. Planning Commission Staff Review. In its review of lot-splits the Planning Commission staff shall: (a) field check area being platted. (b) review the application for conformance with: The Comprehensive Plan, Zoning PUD conditions, Board of Adjustment actions, and the Subdivision Regulations. (c) prepare recommendations including comments of officials, agencies, or departments contacted. 3. Lot-Split Review. For all lot-splits, the procedure shall be as follows: (a) a copy of the lot-split shall be sent to the utility com- pany serving said lot, the City Engineer and the Public Works Director. If the lot-split is on a tract that is -utilizing or will utilize a private sewerage disposal system, a copy shall also be sent to those agencies required by law to ap- prove same. (b) the Planning ng Commission staff shall present the L appli- c a -ion at a regular Technical Advisory Committee meeting. The Technical Advisory Committee shall consist of the utility company serving said lot, necessary health authority, agency, or department, the Public Works Director, and the City and County Engineer. Members of the Technical Advisory Committee may be added or deleted by resolution of the Planning Commis- Sion. (c) the Planning Commission after review shall either approve or disapprove the requested lot-split based on the approval criteria set forth in Section 4.021(b). If approved, the lot- split approval may be subject to the Zoning Board of Adjustment if a waiver of a zoning requirement is involved. If the ap- plication is disapproved, the applicant may appeal the decision of the Planning Commission to the City Council, then to District Court. 4.021(a) CERTIFICATION OF APPROVAL. A certified copy of the instrument showing lot-split approval shall be filed with the County Clerk. The certification shall carry a stamp showing approval by the Planning Commission or representative designated by resolution of the Planning Commission. 4.021(b) APPROVAL CRITERIA. Approval or disapproval of lot-splits shall be based upon the following criteria: 1. Lots. (a) lot dimensions shall conform to existing zoning regulations. (b) in the case of lots not served by public sanitary sewers and/or public water, such lots shall exceed the requirements set forth in paragraph 1 (a) above with sufficient additional area to properly accommodate a suitable private sewage disposal device. Appropriate tests shall be made accordingly and approved by the appropriate health authority, agency, or department. A report shall be made to the Planning Commission staff. (see paragraph 4 (b) below). (c) corner lots should have such extra width and area beyond the minimum requirements for other lots as may be necessary to permit appropriate setbacks on both streets while insuring that adequate buildable space remains. 2. Easements and Utilities. Where a lot-split will result in a lot having inadequate access to utility easements, dedication of easements shall be required in accordance with the requirements of the applicable utility company or companies and/or City Engineer and Public Works De- partment. 3. Access and Streets. (a) where a tract to be split is controlled by non ac- cess provisions, no lot shall be approved where such provision will preclude access for said lot. A "Change of and Consent to Areas of Access as shown on Recorded Flat" form shall be filed along with the lot- split, if there is no access provision on recorded plat. A denial of access change constitutes a denial of the requested lot-split. (b) the splitting of land shall provide each lot with access to a public street or highway, so that the con- venience of the lot owner or user is assured, as well as the layout of utilities, garbage and waste removal, fire protection and public health and safety thereby adequately provided for. (c) where land to be split contains, within its bound- aries, areas designated for street right-of-way on the C, Owasso Mal or Street Plan, the split shall not be approv- ed where street rights-of-way fail to conform to said -plan except, Upon a finding that: 1. (a) all utilities are in place and the additional right-of-way is not required for utility placement; (b) the public has, by virtue of statutory easement or suitable roadway dedication, right-of-way suffi- cient to allow the placement of pavement of a width necessary to meet the standards of the Street Plan for the particular street involved; and (c) development made possible by the split itself will not -measurably increase the burden of traffic on an adjacent street to such an extent that it would adversely affect the health, safety, and welfare of the public; or upon a finding that: 2. (a) existing structures lie in the right-of-way proposed by the Street Plan. 4. Sewage Disposal. (a) where a tract to be split abuts a public sanitary sewer, no split shall create a lot which is cut off from said sewer unless the approval of the City Engineer is obtained. (b) where no sewers are reasonably accessible, each lot shall meet the minimum standards set forth by the appropriate health authority, agency, or department. Section 9_. An emergency is hereby declared to exist for the preservation of the public peace, health, and safety and by reason whereof this Ordinance shall become effective immediately upon its passage and approval. PASSED, and the emergency clause ruled upon separately and approved this day of 1979. /Mayor ATTEST: J C ity Clerk APPROVED: pity Attor3iey,-," Affidavit °cation STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. &letherford, of lawful age, being duly sworn and authorized, says that he is publisher of the ..... . . . . .. . § .oi .L _ .._ _s a weekly newspaper printed in the City of f'�i 3:.S Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 as amended, and complies with all other requirements of the laws of Oklahoma with reference to legal public- ations. That said notice, a true copy of which is attached hereto, was published in the regular edition of said news- paper during the period and time of publication and not n a supplement, on the following dates: 1�o: e ffbe ra 197 . . Subscribed and sworn to before me this ..�`.... -day v� `? of ....,197.1. i� e; ✓ Notary Public M.' C6ritmiS51 ®n expires:... f'...`..'... �.. . PUBLISHER'S FEE.. . . LEGAL NOTICE Published in the Owasso Reporter, Tulsa County, Owasso, Okla, Thursday, November 15,1979. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 272 AN ORDINANCE AMENDING SECTION 4.1321 OF THE f1WARRO C1TRnTVTCT0N RR(:TTY.ATT(1Nfi f()RT)TNAN('R ur vr,am -TiN r ivL rzsv%_mLj unro run x uc- aruax�; .REPEALING PORTIONS THEREOF, AND DECLARING AN EMERGENCY. PASSED, and emergency clause ruled upon separately this 6th day of November, 1979, Boyd M. Spencer ATTEST;: MAYOR Merrilyn Merchant DEPUTY CITY CLERK' APPROVED: Harold Chaney CITY ATTORNEY _`^ - Affidavit of Pu ica ion STATE OF OKLAHOMA, TULSA COUNT', ss: Bill R. Petherford, of lawful age, being duly sworn and authorized, says that he is publisher of the Nam Reporter a weekly newspaper printed in the City of Owasso Tulsa County, ......................... Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 as amended, and complies with all other requirements of the laws of Oklahoma with reference to legal public- ations. That said notice, a true copy of which is attached hereto, was published in the regular edition of said news- paper during the period and time of publication and not in a supplement, on the following dates: Sept. 27 19 .... . �aa... Subscribed and sworn to before me this ... .day of ...;t. ........ ...........197/.: v Notary Public B —— Nlv commission expires:........ PUBLISHER'S FEE $...e� 9 (b) In all cases where drawings are attached on separate sheets the applicant is encouraged to limit their size to 81/z" by 14' 2. PLANNING COMMISSION STAFF REVIEW. In its review of lot - splits, the Planning Com- mission staff shall: (a) Distribute copies of the application form and drawing to appropriate officials, agencies,' or departments. (b) Field check area being platted. (c) Review the application for conformance { with: The Comprehensive Plan, zoning PUD eon - t ditions, 'Board of Adjustment actions, and the Subdivision Regulations. vi vaxxuiaia, aC[1t;1CS or aepartments contacted. 3. LOT -SPLIT REVIEW. For all lot-splits, the procedure shall be as follows: (a) A cut -off date shall' be observed, such date to coincide with those for subdivision plats. (b) A copy of the lot -split shall be sent to the utility companies, City Engineer and Public Works Department, and to the Health Depart -' ment, if the lot -split is on a tract that is utilizing or will utilize a private sewerage disposal system. (c) The Planning Commission staff shall present the application at a regular Technical Advisory committee meeting where the lot - split may be reviewed by the total membership of that Committee, including all utility companies, the Health Department, the Public Works Department and the City and /or County,`; Engineer, (d) The recommendation of the Technical' Advisory Committee shall be compiled with the Planning Commission staff recommendation: and the application shall be heard at the next' SECTION 2. That Section 4.021 be added to the OWASSO SUBDIVISION REGULATIONS to read as follows. to -wit: "4.021.1 CERTIFICATION OF APPROVAL. Approval shall be certification on instrument of transfer as required by State Statute. The certification shall carry a stamp showing approval by the Planning Commission and be signed by an officer of the Planning Commission. The applicant may then file the instrument with the County Clerk, the approval being an official document that will be contained in the abstract of the property being split." "4.021.2 APPROVAL GUIDELINES. Approval or disap- proval of lot - splits shall be based upon the following guidelines: 1. LOTS. (a) Lot dimensions shall conform to existing zoning regulations. (b) In the ease of lots not served by public sanitary sewers and /or public water, such lots shall exceed the requirements set forth in paragraph 1 a) above with sufficient additional area to properly <accommodate a suitable private sewage disposal device. Appropriate tests shall be made accordingly, with adequate determination to be made by the City- County Health Department and reported by it to the, Planning Commission staff. (See paragraph 4 (b) below). (c) Corner lots should have such extra width and area beyond the minimum requirements for other lots as may be necessary to permit ap- propriate setbacks on both street while insuring that adequate buildable space remains. 2. EASEMENTS AND UTILITIES. Where a lot - split will result in a lot having inadequate access to utility easements, dedication of easements shall be required in accordance with the requirements of the applicable utility company or companies and /or City Engineer and Public Works Department. 3. ACCESS AND STREETS. /,.. � fr f to ha cnlil is onntrolled by non Planning Commission meeting, access provisions, no i( where such provision wil (e) The Planning Commission shall review the said lot. A "Change of ar, requested lot-split and either approve or Access as shown on Reco disapprove the requested lot-split based on the be filed along with the 1 approval guidelines set forth in Section 4.021.2 If access provision on reco: approved,' the lot -split approval may be subject access change constitu to the Zoning Board of Adjustment if a waiver of requested lot- split. a 'zoning requirement is involved. If the ap- plication is disapproved, the applicant may (b) The splitting of land appeal the decision of the Planning Commission' with access to a public str to the City Council, then to District Court, the convenience of the assured, as well as the 1 bage and waste remova public health and safet provided for. (c) Where land to be sy boundaries areas design way on the Owasso Majc shall not be approved whs fail to conform to said p ding that: shall be approves preclude access for Consent to Areas of led Plat" form shall - split, if there is no ed plat. A denial of s a denial of the hall provide each lot 't or highway, so that �t owner or user is lout of utilities, gar - fire protection and thereby adequately t contains, within its ed for street right -of- Street Plan, the split e street rights -of -way n except, upon a fin- U) All utilities are in place and the ad- ditional right -of -way is not required for utility placement; (2) The public has, by virtue of statutory easement or suitable roadway dedication; right -of -way sufficient to allow the placement of pavement of a' width necessary to meet the standards of the Street Plan for the particular street in- volved; and (3) Development made possible by the split itself will not measurably increase the burden of traffic on an adjacent street to such an extent that it would adversely affect the health, safety, and welfare of the public; or upon a finding that. (4) Existing structures lie in the right-of- way proposed by the Street Plan. 4. SEWAGE DISPOSAL. (a) Where a tract to be split abutts a public sanitary sewer, no split should create a lot which is cut off from said sewer unless the approval of the City Engineer is obtained. (b) Where no sewers are reasonably ac- cessible each lot shall meet the minimum standards set forth by the Health Department and the lot -split shall be approved by the Health Department. SECTION 3. An emergency is hereby declared to exist for the preservation of the public peace, health and safety and by reason whereof this Ordinance shall become effective im- mediately upon its passage and approval.