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HomeMy WebLinkAbout324_Amend Chapter 7_Lot Split Procedures and Standards128925 BOOK 4672 PAGE 2186 CITY OF OWASSO ORDINANCE NO. 324 ORDINANCE AMENDING SECTION 7 OF ARTICLE II OF THE OWASSO SUBDIVISION REGULATIONS (ORDINANCE NO. 310, ADOPTED THE 1ST DAY OF SEPTEMBER, 1981) PROVIDING FOR THE LOT SPLIT PROCEDURES AND STANDARDS, REPEALING PORTIONS INCONSISTENT THEREWITH, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. That Section 7 of Article II of the Owasso Subdivision Regulations, which presently read as follows, to- wit: SECTION 7 - LOT SPLITS 2.7.1 The Planning Commission, pursuant to powers and jurisdictions vested through Title 11, Oklahoma Statutes, Section 401 through 437 inclusive, has the power and authority to review, approve and disapprove transfers of land hereinafter referred to as lot splits. 2.7.2 Intent and Purpose: The regulations contained in this Section are intended to establish reasonable standards of design and procedures for lot splits in order to accomplish the policy and purposes set forth in these Subdivision Regulations as they are applicable to lot splits. 2.7.3 Jurisdiction: 1. The lot split regulations shall apply to any division of land into two or more tracts, lots, sites or parcels any part of which, when subdivided, shall contain less than two and one -half (2- 1/2) acres in area. These regulations shall also apply to any division of land previously subdivided or platted into tracts, lots, sites or parcels less than two and one -half (2 -1/2) acres in area. 2. No lot split shall be processed or approved for a tract of land which has not already completed the subdivision platting requirement subsequent to rezoning in Section 260 of the Owasso Zoning Ordinance. A lot split may be approved by the Planning Commission dividing an undivided tract along zoning boundary lines, providing the tract(s) of land meet all other requirements of a lot split listed in Section 2.7 and complete subdivision platting requirements for each resulting tract. 3. A maximum of two (2) lot split approvals may be granted by the Planning. Commission on any tract included as a Fa part of a lot split. Thereafter, the BOOK 4672 PAGE 2187 tract(s) of land must receive subdivision platting or replatting approval for further subdivisions of the tract(s). 2.7.4 A lot split application with a drawing showing the proposed lot split as a part of or attached 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: 1. 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. 2. In all cases where drawings are attached on separate sheets, the applicant is to limit their size to 8- 1/2" x 1411, unless otherwise permitted by the Planning Commission. 2.7.5 Planning Commission Staff Review: In its review of lot splits the Planning Commission staff shall: 1. Field check area being platted. 2. Review the application for conformation with: The Comprehensive Plan, Zoning and PUD conditions, Board of Adjustment actions, and the Subdivision Regulations. 3. Prepare recommendations including comments of officials, agencies, or departments contacted. 2.7.6 Lot Split Review: For all lot splits, the procedure shall be as follows: 1. A copy of the lot split shall be sent to the utility companies 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 approve same. 2. The Planning Commission staff shall present the application at a regular Technical Advisory Committee meeting. The Technical Advisory Committee recommendation shall be presented to the Planning Commission at their next regular meeting. 3. The Planning Commission after review shall either approve or disapprove the requested lot split based on the approval criteria set forth in Section 2.7.8. If approved, the lot split 2 BOOK 4672 PAGE 2188 approval may be subject to the zoning Board of Adjustment if a waiver of a zoning requirement is involved. If the application is disapproved, the applicant may appeal the decision of the Planning Commission to the City Council, then to District Court. 2.7.7 Certification of Approval: a certified copy of the instrument showing lot approval shall be filed of record with the County Clerk. The certification shall carry a stamp showing approval by the Planning Coimmission or representatitve designated by resolution of the Planning Commission. 2.7.8 Approval or disapproval of lot splits shall be based upon the following criteria: 1. Lots 1. Lot dimensions shall conform to existing zoning regulations. 2. In the case of lots not served by public sanitary sewer and /or public water, such lots shall exceed the requirements set forth in paragraph 1.1 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. 3. 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 department. 3. Access and Streets. 1. Where a tract to be split is controlled by non access 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 Plat" form shall be filed along with the lot split, if there is no access provision on 3 BOOK 4672 PAGE 2189 recorded plat. A denial of access change constitutes a denial of the requested lot split. 2. The splitting of land shall provide each lot with access to a public street or highway, so that the convenience 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 are thereby adequately provided for. 3. Where land to be split contains, within its boundaries, areas designated for street right -of -way on the Owasso Major Street Plan, the split shall not be approved where street rights -of -way fail to conform to said plan, except upon a finding that: 1. All utilities are in place and the additional 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 of the particular street involved. 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. 4. Existing structures lie in the right -of -way proposed by the Street Plan. 4. Sewage Disposal. 1. 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. 2. Where no sewers are reasonably accessible, each lot shall meet the minimum standards set forth by the appropraite health authority, agency, or department. be amended to read in the following manner, to -wit: SECTION 7 - LOT SPLITS 2.7.1 The Planning Commission, pursuant to powers and jurisdictions vested through Title 11, Oklahoma 4 BOOK 4672 PAGE 2190 Statutes, Section 45 -101 through 45 -105 inclusive, has the power and authority to review, approve and disapprove transfers of land hereinafter referred to as lot splits. 2.7.2 Intent and Purpose: The regulations contained in this Section are intended to establish reasonable standards of design and procedures for lot splits in order to accomplish the policy and purposes set forth in these Subdivision Regulations as they are applicable to lot splits. 2.7.3 Jurisdiction: 1. The lot split regulations shall apply to any division of land into two or more tracts, lots, sites or parcels any part of which, when subdivided, shall contain less than two and one -half (2- 1/2) acres in area. These regulations shall also apply to any division of land previously subdivided or platted into tracts, lots, sites or parcels less than two and one -half (2 -1/2) acres in area. 2. No lot split shall be processed or approved for a tract of land which has not already completed the subdivision platting requirement subsequent to rezoning in Section 260 of the Owasso Zoning Ordinance. A lot split may be approved by the Planning Commission dividing an undivided tract along zoning boundary lines, providing the tract(s) of land meet all other requirements of a lot split listed in Section 2.7 and complete subdivision platting requirements for each resulting tract. 3. A maximum of three (3) lot split approvals may be granted by the Planning Commission on any tract included as a part of a lot split. Thereafter, the tract(s) of land must receive subdivision platting or replatting approval for further subdivisions of the tract(s). 2.7.4 Procedure: The following procedure shall be followed in processing lot- splits: 1. Application Form and Drawing. A lot -split application shall be filed with the Planning Commission Staff and the appropriate fee paid in accordance with the following requirements: (a) Where the application is to be reviewed by the Planning Commission alone, one (1) copy of a scaled drawing shall accompany the split. Where possible, the drawing should be placed in the space provided on the application form. (b) Where review will include other agencies or companies in addition to the 5 BOOK 4672 PAGE 2191 Planning Commission Staff, eighteen (18) copies of a scaled drawing shall accompany the application. (c) The drawing itself 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. (d) In all cases where drawings are attached on separate sheets, the subdivider is encouraged to limit their size to 8 -1/2 inches by 14 inches. 2. Planning Commission Staff Review. In its review of lot- splits, the Planning Commission 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 and PUD conditions, Board of Adjustment actions, and the Subdivision Regulations; and (d) prepare recommendations including comments of officials, agencies or departments contacted. 3. Lot - Splits Requiring Planning Commission Staff Review Only. Where review by the Planning Commission Staff reveals that a split meets all approved guidelines herein set forth, and all proposed lots are adequately served by utilities either by easement or in public streets, the Planning Commission Chairman or his appointed agent shall approve the lot -split and the Planning Commission shall ratify the approval at the next Planning Commission meeting. 4. Lot - Splits Requiring Full Review. For those lot- splits that involve acquiring easements or in the Staff's opinion, require review by additional companies or agencies, but do not involve a waiver of a zoning or subdivision regulations, the following procedure will be followed: (a) A copy of the application and drawing shall be sent to the utility companies and /or the City Engineer. (b) After each company or agency to which the application was referred has notified the Planning Commission Staff of all requirements, the Staff shall in turn notify the subdivider. . 6 BOOK 4672 PAGE 2192 (c) If the lot -split is on a tract that is utilizing or will utilize a private sewage disposal system, a copy of the application form and drawing shall be given to the subdivider, who in turn shall deliver it in person to the Health Department. When the result of their assessment is known, the Health Department shall notify the Staff of their approval or disapproval. (d) When approvals from all companies or agencies involved are received, as determined by the Technical Advisory Committee and communicated thereby to the Planning Commission Chairman or his appointed agent, the lot - split shall be approved by the Planning Commission Chairman or his appointed agent and the Planning Commission shall ratify the approval at the next Planning Commission meeting. 5. Lot - Splits Requiring Waivers. For those lot- splits that involve a waiver of a subdivision regulation, 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 and /or the City Engineer as in paragraph 4(a) above, and delivered to the Health Department, if required, as in 4(c) above. The Planning Commission Staff shall indicate on the application the date of the Technical Advisory Committee meeting at which the application shall be reviewed and that it is a request for waiver of conditions. (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 Planning Commission meeting. (e) The Planning Commission shall review the requested lot -split and either approve or disapprove the requested waiver. If approved, the lot -split approval may be subject to the approval of the Zoning Board of Adjustment if a waiver of a zoning requirement is 7 BOOK 4672 PAGE 2193 involved. If the application is disapproved, the applicant may appeal the decision of the Planning Commission to the City Council and thereafter, if necessary, District Court. 2.7.5 Approval Guidelines. Approval of disapproval of lot- splits shall be based upon the following guidelines: 1. Lots. (a) Lot dimensions shall conform to existing zoning regulations. In the event that the tract to be split does not lie within the force and effect of an existing zoning ordinance, it is deemed desirable that single - family residential lots be a minimum of 65 feet in width and 7,000 square feet in area. (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, 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 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 utilities, 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. (a) Where a tract to be split is controlled by non - access 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 Plat" 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 convenience 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, 9 BOOK 4672 PAGE 2194 within its boundaries, areas designated for street right -of -way on the Owasso Major Street Plan, the split shall not be approved where street rights -of -way fail to conform to said plan except, upon a finding that: (1) All utilities are in place and the additional 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 involved; 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 abuts 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 accessible, each lot shall meet the minimum standards set forth by the Health Department and the lot -split shall be approved by the Health Department. 2.7.6 Certificate of Approval. Approval shall be shown by certification on the instrument of transfer as required by State Statute. The certification shall be signed by an officer of the Planning Commission. The subdivider 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. Section 2. That all ordinances or parts thereof in conflict herewith are hereby repealed, provisions consistent herewith remain unaffected hereby. Section 3. Emergency. That an emergency exists for the preservation of public peace, health and safety, and that therefore this Ordinance shall become effective immediately upon its passage, approval and publication. PASSED AND APPROVED THIS 15th DAY OF FEBRUARY, 1983, with the Emergency clause voted upon and passed separately. 9 BOOK 4672 PAGE 2195 APPROVED THIS 15th day of february, 1983. BOYD M. SPENCER, Mayor ATTST: ANN HENDRICKSON, CITY CLERK APPROVED AS TO FORM: RONALD D. CATES, CITY ATTORNEY Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss: E Published in the Owasso Reporter, Tulsa County, Okla., Thursday February 24,1983. Bill R. Retherford, of lawful age, being duly sworn City of Owasso, Oklahoma and authorized, says that he is publisher of the ORDINANCE NO. 324 Owasso Reporter a weekly newspaper printed in the City of .. TUl Sd Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as h provided in Section 108 of Title 25, Oklahoma Statutes 1971 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: February 24 1983 Subscribed and sworn to before me day of Notary Public My commission expires PUBLISHER'S FEE $18.70 ORDINANCE AMENDING SECTION 7 OF ARTICLE II OF THE OWASSO SUBDIVISION REGUALTIONS (ORDINANCE NO. 310, ADOPTED THE 1ST DAY OF SEPTEMBER, 1981) PROVIDING FOR THE LOT SPLIT PORCEDURES AND STANDARDS, REPEALING PORTIONS INCONSISTENT THEREWITH, AND DECLARING AN EMERGENCY. PASSED and APPROVED this 15th day of February, 1983, with the emergency clause voted upon and passed separately. APPROVED THIS 15th day of February, 1983. BOYD M. SPENCER, Mayor ATTST: ANN HENDRICKSON, CITY CLERK APPROVED AS TO FORM: RONALD D. CATES, CITY ATTORNEY City of Owasso, Oklahoma