CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Waive the first reading and pass the Ordinance amending Section 7-2-5 (Administrative Plat Procedures) of the Naperville Municipal Code. (Requires six positive votes.)
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Allison Laff, AICP, Deputy Director of TED
BOARD/COMMISSION REVIEW:
Not required.
BACKGROUND:
Section 7-2-5 (Administrative Plat Procedures) permits the administrative review and approval of certain subdivision plats provided that they do not establish new buildable lots. For those subdivision plats that do create new lots, City Council review and approval of the plat is required before it can be recorded.
DISCUSSION:
Post-recession, the manner in which townhome developments are subdivided for ownership purposes has changed. In most cases, a townhome owner no longer owns the land surrounding the townhome; rather, this land is contained within an outlot that is owned and maintained by the underlying homeowners’ association. In such cases, the townhome building sits on its own lot when the initial development is approved. However, prior to the sale of the individual units, the developer is required to create a new lot for each of the units within the building, thereby establishing a unique parcel identification number (PIN) for each unit. While the creation of these lots does not impact the overall density or number units permitted within the development (as is reviewed and approved with the initial development request), the approval of said plat currently requires City Council review based on existing code language which prohibits the administrative review of any plat which creates new lots. Since the establishment of PINs often needs to occur in a timely manner based on the proposed sale of the units and since the proposed plat has no impact on the total number of buildable units, staff is proposing to amend Section 7-2-5 of the Naperville Municipal Code to permit the administrative review of these plats, as follows (deleted language is stricken; proposed language is underlined):
Section 7-2-5: Administrative Plat Procedures
1. Intent: It is the intent of this Section to permit the administrative review and approval plats of subdivision, plats of easement, and plats of dedication which meet the criteria set forth in Section 7-2-5:2 belowof subdivision plats for parcels which were previously established through deed division, assessment plat or metes and bounds description, or easement plats for stormwater management areas, or utilities and drainage. This Section should be administered without regard to land use or parcel size and is intended to recognize only existing parcels. It is not applicable to subdivision plats that establish new buildable lots or create new nonconforming lots resulting from changes in parcel size or width on the property which is the subject of the plat.
2. Procedures: Where a proposed preliminary/final plat of subdivision, or plat of easement, or plat of dedication is submitted on or after September 20, 2006, and includes the division of a lot, block or tract of property, which plat satisfies the following criteria, said platsubdivision shall be exempt from the procedures described in Sections 7-2-2, "Subdivision Plat Procedures" of this Chapter and shall instead be processed in accordance with the administrative resubdivision process described herein:
2.1. The plat does not result in a net increase in buildable lots.
2.2. The plat does not change the existing orientation of any lot.
2.3. The plat is in compliance with the minimum zoning district requirements for lot area or lot width and subdivision ordinance requirements. Parcels that were established by deed division, assessment plat or metes and bounds description after 1989 shall be required to seek a variance if not in accordance with the post-1989 area requirements or lot width requirements.
2.4. The plat does not alter a previously platted front or corner side setback line.
2.5. Plats that were originally subdivided or parcels that were established by deed division, assessment plat, or metes and bounds description prior to 1989 that currently utilize the pre-1989 residential zoning setbacks as provided in Title 6 <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE> of this Code shall maintain the ability to utilize the aforementioned pre-1989 setbacks following subdivision of the subject property.
2.6. The plat does not require the vacation of dedicated right-of-way or right-of-way easements. Revisions to street names indicated on the subdivision plat may be administratively approved.
2.7. The plat is sought for the purpose of permitting assignment of parcel identification numbers to reflect separate ownership of dwelling units and/or property which does not increase the number of units or principal structures on any lot.
For reference, amendments to Title 7 (Subdivision Ordinance) do not require review by the Planning and Zoning Commission.
FISCAL IMPACT:
None