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HomeMy WebLinkAbout2010-03-03 ORDINANCE NO. 2010-03-03 AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF THE BATESVILLE SUBDIVISION © REGULATIONS; TO PROVIDE AN EXPEDITED METHOD FOR ADJUSTING LOT LINES IN PREVIOUSLY PLATTED SUBDIVISIONS; AND FOR OTHER PURPOSES. WHEREAS,the current provisions of the Batesville Subdivision Regulations require a simple adjustment of a lot line boundary within a previously platted subdivision to submit to the entire review process of the Batesville Planning Commission; and, WHEREAS, it would be desirable to provide an expedited administrative option for minor lot line adjustments; and, WHEREAS, the Batesville Planning Commission has prepared recommendations to improve the efficient and effective review and approval of minor lot line adjustments,and conducted a properly advertised public hearing on March I,2010, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS THAT THE BATESVILLE SUBDIVISION REGULATIONS ARE HEREBY AMENDED AS FOLLOWS: Section 1. Amendments Insert a new Section 15.02.07 as follows: 15.02.07. Lot Line Adjustments • A. Purpose. The lot line adjustment process allows minor changes in lot shape or size to be completed without the need for a more complicated subdivision application. The lot line adjustment process allows a property owner to change the shape or size of a lot by simply repositioning the existing lot lines. B. When Permitted A lot line adjustment may be used whenever minor adjustments are needed to a given parcel or parcels. For example, if one property owner wishes to purchase a portion of an adjoining parcel, a lot line adjustment can be used to move the property line to the new location, increasing the size of one parcel, and decreasing the size of the other. While the overall number of parcels may be reduced by a lot line adjustment, the number may not be increased. To increase the number of parcels, or to obtain a waiver of any kind from the requirements of the Subdivision Code, a standard subdivision application is required. The Code Enforcement Officer is responsible for review and approval of all lot line adjustments. No public hearing is required, nor shall it require review by the Planning Commission. The Code Enforcement Officer may however, at his discretion, place the application of the agenda of the Planning Commission for review, guidance, and/or information purposes. In any event, the Code Enforcement Officer shall provide timely reports to the Planning Commission on lot line adjustment applications. • C. Application Requirements The following shall be submitted with the lot line adjustment application: I. A completed application form, signed by the property owner(s). 2. Proof of ownership of the subject property(ies). 3. A copy of a plat map, which has been prepared by a Professional Land Surveyor, and which contains the following information: a. The boundaries of the existing parcels; b. The existing lot line which is proposed to be changed; c. The new lot line; d. The location of all structures, parking lots, and driveways on the parcel(s); e. The location of any easements, rights-of-way, public streets, or public utilities on the parcel(s); and, f The name, registration number, seal, and signature of the surveyor who prepared the legal description and plat map. 4. A legal description of the existing lots and revised lots. 5. The filing fee. 6. Any other drawings, reports, or data requested by the Code Enforcement Officer. D. Conformance with Requirements When reviewing an application for a lot line adjustment, the Code Enforcement Officer shall confirm that the resultant lots will fully comply with all relevant city codes. IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED OR HELD • TO BE INVALID,SUCH INVALIDITY SHALL NOT EFFECT THE REMAINING PORTION OR PORTIONS OF THIS ORDINANCE. EMERGENCY CLAUSE: Where as it is necessary to effect the public peace, health, safety and welfare and the orderly administration of Batesville City Codes,an emergency is hereby declared to exist and this Ordinance shall be effective from and its passage. IT IS SO ORDAINED. (� ' IN WITNESS WHEREOF,we have set our hands this -1 day of :2 20,to APPROVED: RI K EDO& , ATTEST: F► ` Qpkf✓ DENISE JOHNSTON, CLENK APP ED AS L AL FORM: • cott Stalker, City Attorney J RECOMMENDATIONS OF THE CITY PLANNING COMMISSION The City Planning Commission of the City Of Batesville, Arkansas, held its regular monthly meeting on Monday, March 1, 2009, with Chairman Steven Lewis presiding. Also present were Secretary Brian Langston, and Commission Members Carma Osborn, Ronnie Hampton, Nina Womack and Mike Fagan. Commissioner Ken Smith was absent. Also present were Code Enforcement Officer, Chad McClure, Planning Consultant Rob Middleton and City Council Members Thomas Bryant and Dr. Doug Matthews. The Planning Commission has worked on several suggested revisions to the existing Zoning & Subdivision Code. Items include: Section 14.03.05-Amendments, Section 14.04.04-Zoning of Annexed Land and Section 15.02.07-Lot Line Adjustments. The Planning Commission has therefore adopted a resolution to include the revisions as amendments to the existing zoning code. Commissioner Womack moved that the Planning Commission recommend to the City Council of the City of Batesville, Arkansas, the proposed ordinance to amend the Batesville Zoning Code to include the proposed items. The motion was seconded by Commissioner Hampton and upon vote of the Commission was passed unanimously by those present. Therefore, the City Planning Commission of the City of Batesville, Arkansas • recommends to the City Council of the City of Batesville, Arkansas, that the appropriate action be taken by the City Council to carry out the recommendations of the City Planning Commission. Batesville City Planning Commission By Steven Lewis, Chairman By �li�(l� ✓ fes-- Brian Langston, Secretary •