Ordinance Committee

1 ORDINANCE SUB-COMMITTEE EDWARDSVILLE PLAN COMMISSION April 10, 2014 7:00 PM PRESENT ABSENT M. Brandmeyer G. Edwards, Chair J. Mullane G. Coffey, Vice Chair P. Pitts M. Pierceall M. Rabe B. Schlueter, PC Chair S. Hanson, Staff L. Schneck, Staff A meeting of the Plan Commission's Ordinance Sub-Committee was held on Thursday, April 10, 2014, and the following proposed ordinance was discussed: 1. Instances when plats will not be required. This ordinance was tabled at the Ordinance Committee meeting in October 2013. The intent of this ordinance is to close the loop exempting properties from typical public improvements that would be required when going through the subdivision process. The intent of the Plat Act is not to exempt properties from these improvements. Divisions can still be divided through the Plat Act but will be required to meet certain guidelines. Hanson gave a summary of each section of the proposed ordinance. Section 1-4.1. This section deals with properties within the City’s corporate limits. The individual would need to adhere to the provisions of sidewalks and greenspace at such time of the occupancy permit or extension of public utilities. Flag lots will be exempt from this ordinance. Greg Coffey was unable to attend the meeting but had a few comments which were emailed to Hanson. He was wondering if the separate legal document would include annexation agreements for the dedication of greenspace. Hanson will check with legal counsel. Coffey also asked if occupancy permit regulations are being revised to require Section 1-4 to be met before occupancy permits will be issued. This will be incorporated into the internal review process once this ordinance is adopted. Section 1-4.2. This section is similar to the section above but is for properties outside city limits but within the 1½ mile boundary. In this case, the county would have to coordinate on the requirements with flag lots. This includes property within Madison County that is zoned Agricultural. Those properties would have to adhere to the requirements for sidewalks and greenspace when public utilities are extended to the property. Section 1-4.3. This section is for the provision of required right-of-way. This includes properties with existing streets and proposed streets included in the Transportation Element of the Comprehensive Plan. A. Table 5A gives the minimum requirements for dedicated right-of-way.  2 B. If property includes both sides of the street, it must include the entire right-of- way width unless the property touches only one side then half of the right-of-way width would be required. (Hanson has to check with legal counsel to make sure proposed right-of-way in the Transportation Plan can be enforced.) C. Right-of-way shall be a separate legal document. (Hanson will check with legal counsel to see if annexation agreements would also apply.) Coffey also asked that the Agricultural zoning district within the county be discussed and also explained to the Plan Commission. Brandmeyer explained the Agricultural zoning includes everything but things which are developed. Subdivisions have been allowed to be constructed without any infrastructure. Agricultural zoning is mainly for farming but lots can be split of 2 acres or greater for single family purpose. A well for water source and also a private sewage system could be utilized for 1 acre or more to have a house without using public utilities. Everything in the ordinance could be avoided if someone has a 1 or 2 acre lot of record. The intent of this ordinance is to capture the properties on the urban fringe to comply with the City’s public improvements. It is not to require someone who is at the 1½ mile boundary to have sidewalks in the middle of nowhere. Section 1-4.4. This provision is for creating a zoning non-conformity for existing structures. This just reiterates that the City will not be required to provide utilities for non conforming structures. Section 1-4.5. This section is for creating non-conforming lots through the Plat Act. In this case also the City is not required to issue permits or provide public utilities for non- conforming lots. Hanson added that this will be helpful to not only the City but also the tax payers. No longer will the City be required to pay for right-of-way to install sidewalks, greenspace, or public utilities. RECOMMENDATION: Forward to Plan Commission for approval. REMINDER: PLAN COMMISSION MEETING: Monday, April 21, 2014 at 7:00 p.m. at City Hall, City Council Chambers, 118 Hillsboro Avenue.