CASE # PS EXECUTIVE SUMMARY RESIDENTIAL PARCEL SPLIT STAFF CONTACT: STEPHANIE LIENTZ

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1 CASE # PS EXECUTIVE SUMMARY RESIDENTIAL PARCEL SPLIT STAFF CONTACT: STEPHANIE LIENTZ OWNER/APPLICANT INFORMATION OWNER/APPLICANT: James L & Esther M Benesh Darek Benesh MAILING ADDRESS: PROPERTY ADDRESS: 112 Walford Rd Cedar Rapids, IA Walford Rd Cedar Rapids, IA Walford Rd Cedar Rapids, IA REQUEST The applicant is requesting a 1-lot residential parcel split of 2.12 acres (proposed Lot 1). The remainder of the parent parcel in the SE ¼ SE ¼ is less than the required minimum lot size of 35 acres (approx acres) in the AG (Agricultural) zoning district; therefore a deed restriction is required with the bound documents, or the remaining land must be included on the final plat as non-buildable Outlot A, with a note stating, This parcel may only be developed in accordance with all development regulations in effect at the time development is proposed. Proposed Lot 1 will include a dwelling, well, and septic tank. The existing dwelling was built in OUTSTANDING ISSUES AND STANDARDS FOR APPROVAL This proposal meets the standards for approval per Article 4 Section 8 of the Linn County Unified Development Code (UDC). Residential Parcel Splits are not subject to MLS or LESA requirements. STAFF RECOMMENDATION Staff recommends approval subject to the conditions of the staff report.

2 Planning & Development Linn County, Iowa phone fax Jean Oxley Public Service Center 935 Second Street Southwest Cedar Rapids, Iowa STAFF REPORT RESIDENTIAL PARCEL SPLIT PS Planning and Zoning Commission Meeting: JULY 20, 2015 PROPERTY INFORMATION: PLAN MAP DESIGNATION: MUSA (Metro Urban Service Area) CURRENT ZONING: AG (Agricultural District) SURROUNDING LAND USES AND ZONING North Agricultural, AG South Agricultural, AG; 1 single-family dwelling East Agricultural, AG West Agricultural, AG; 2 single-family dwellings PLAT SIZE: 2.12 acres CONFORMANCE TO THE UNIFIED DEVELOPMENT CODE: Residential Parcel Splits (formerly called Farmstead Splits ). The purpose of this section is to prescribe uniform procedures allowing approval of a single division of land on which there exists, or evidence provided by the applicant documents the prior existence of, one or more single family residential structures. Standards for Approval. Residential parcel splits shall be approved when all of the following conditions are met: (a) The single family dwelling unit(s) shall have been in existence prior to January 1, The dwelling site must still be currently intact and shall not have been converted to agricultural production. Minimum evidence of the existence of the dwelling shall include: i. Previous tax records establishing the existence of the dwelling; or ii. Existence of 75 percent or more of the dwelling's foundation; or

3 Case # PS , Page 3 of 7 iii. Conclusive evidence from aerial photographs of the dwelling's previous existence. Staff Conclusion: According to the Assessor s records, the dwelling has been in existence since (b) While the owner of the remaining land may construct a new dwelling if all zoning requirements for the remaining land are met, that new dwelling will not qualify for a residential parcel split under the provisions of this section. If the remaining land is less than 35 acres or does not otherwise meet zoning requirements, the remaining land shall be included in the final plat for the residential parcel split and shall be noted as follows: This parcel may only be developed in accordance with all development regulations in effect at the time development is proposed. Staff Conclusion: The remaining land of the parent parcel will contain less than 35 acres. The remaining land shall be combined with adjacent property by deed restriction to total over 35 acres or be included in the final plat with a note on the plat stating, This parcel may only be developed in accordance with all development regulations in effect at the time development is proposed. (c) All resulting parcels shall have access to an abutting public roadway. Staff Conclusion: All resulting parcels have access to Walford Road. A recorded access easement will ensure access for proposed Lot 1. (d) A minimum of one (1) net acre shall be required for each residential parcel split. All side and rear yard setback requirements must be met. Staff Conclusion: The residential parcel split proposed is 2.12 acres. All side and rear yard setback requirements have been met. (e) No variances from subdivision or zoning standards shall be granted in order to accomplish a residential parcel split. Staff Conclusion: No variances from the subdivision or zoning standards will be required. (f) Neither this process nor any former farmstead split zoning process has previously been used to sever a lot from the parent tract. Staff Conclusion: Records indicate that this parcel has not previously been involved in a farmstead split or residential parcel split. MLS AND LESA REQUIREMENTS: Creation of lots pursuant to Article 4, Section 8D shall not be subject to the Minimum Levels of Service requirements in Article 4, Section 5 of the UDC; nor shall they be subject to the Land Evaluation and Site Assessment requirements of Article 4, Section 6 of the UDC. APPROVAL OF CITY WITHIN TWO MILES: The proposed subdivision lies within two miles of the City of Cedar Rapids. It is the responsibility of the owner/applicant to submit the plat to the City for consideration in accordance with state law.

4 Case # PS , Page 4 of 7 ALTERNATIVES: The following alternatives may be considered: 1. Recommend approval of the proposal subject to conditions. 2. Recommend denial of the proposal. 3. Refer the proposal back to the applicant for further review. STAFF RECOMMENDATION: Staff recommends alternative 1, approval of the proposal subject to conditions being completed. THE FOLLOWING CONDITIONS ARE TO BE MET FOR THE RESIDENTIAL PARCEL SPLIT, IF IT RECEIVES A POSITIVE VOTE BY THE BOARD OF SUPERVISORS. IT IS THE RESPONSIBILITY OF THE APPLICANT TO COMPLETE ALL CONDITIONS, AS OUTLINED IN THIS STAFF REPORT, PRIOR TO FINAL APPROVAL OF THIS CASE. IF YOU HAVE QUESTIONS REGARDING A CONDITION, CONTACT THE DEPARTMENT UNDER WHICH THAT CONDITION IS LISTED. THE CONTACTS NAMES AND PHONE NUMBERS ARE LISTED BELOW. ITEMS IN THE COMMENTS SECTION ARE NOT A REQUIREMENT TO BE MET PRIOR TO APPROVAL. THEY ARE INTENDED TO INCREASE YOUR KNOWLEDGE AND AWARENESS OF ISSUES THAT MAY POSSIBLY EXIST ON THE PROPERTY. LINN COUNTY ENGINEERING DEPARTMENT STEVE GANNON, COUNTY ENGINEER, Entrance permit required for new entrances and existing unpermitted entrances, Sec.11 and the Unified Development Code, Article 4, Sec. 8B. One entrance per parcel is allowed. An additional access may be allowed with justification and permit. 2. Road agreement for conditions applicable to Residential Parcel Split cases. County Standard Specifications, Sec No construction within the County right-of-way without a permit from the Linn County Engineer. 2. Entrance permit required for new entrances and existing entrances that do not conform to County Standard Specifications. Only a breakaway mailbox is allowed. Decorative walls, or other items that may identify the owner or address of the property, are not allowed within the road right-of-way. 3. Proposed private and public roads shall be constructed to comply with County Standard Specifications. 4. All drainage easements follow the natural flow of surface water as per Article 4, Section 8B, 9(f)(ii) of the Unified Development Code. 5. No vertical headwalls within the right-of-way. A breakaway mailbox is allowed. No other type of mailbox is allowed within the road right-of-way. Decorative walls, or other items that may identify the owner or address of the property, are not allowed within the road right-of-way.

5 Case # PS , Page 5 of 7 IOWA DEPARTMENT OF TRANSPORTATION JOEL KEIM, ENGINEERING OPERATIONS TECHNICIAN, Not within the jurisdiction of the Iowa Department of Transportation. LINN COUNTY PUBLIC HEALTH DEPARTMENT SUE ELLEN HOSCH, ENVIRONMENTAL SPECIALIST, Existing water system must be reviewed by Linn County Public Health for compliance. Well rehabilitation may be required. 2. Existing sewage disposal system must be reviewed by Linn County Public Health for compliance. If no permit is recorded for this property, a septic contractor must: Show evidence of septic tank by uncovering the tank and pumping it out to determine the volume. Show evidence of the absorption field by uncovering the ends of the trenches or by probing five to ten areas over the trenches and verifying a dead-end. Health Department must be present to verify. 3. Existing house must be reviewed by Linn County Public Health for compliance. 1. Plug any existing abandoned wells by a certified well contractor. NATURAL RESOURCES CONSERVATION SERVICE JON GALLAGHER, LINN COUNTY SOIL CONSERVATIONIST, JOHN BRUENE, DISTRICT CONSERVATIONIST, x3 1. A conservation plan for the remaining agricultural land in row crop production shall be developed, implemented, and filed with the Linn Soil and Water Conservation District. 2. Submit all required items above to Jon Gallagher at the NRCS office. LINN COUNTY CONSERVATION DEPARTMENT DENNIS GOEMAAT,

6 Case # PS , Page 6 of 7 LINN COUNTY EMERGENCY MANAGEMENT MIKE GOLDBERG, LINN COUNTY 911 COORDINATOR BILL MAU, If Private Lane is required and addresses change, you are required to go to Linn County Engineering for a Private Lane Sign and new E-911 addresses. LINN COUNTY PLANNING AND DEVELOPMENT ZONING DIVISION STEPHANIE LIENTZ, PLANNER, All side and rear yard setbacks must be met for all structures involved in this proposal. 2. Various revisions to the site plan and final plat. 3. Complete requirements from Minimum Housing inspection provided by the Linn County Health Department, including obtaining appropriate permits, inspections and final approval from the Building Division. 4. Prior to approval of the final plat, the owner must sign an Acceptance of Conditions form. The Acceptance of Conditions form states that the owner understands and agrees to comply with the agreed upon conditions as stated in the staff report. 5. This plat lies within the 2-mile jurisdiction of the City of Cedar Rapids, and as per the 28E Agreement between the City and the County, will require City approval or a waiver of the right to review. 6. Approval of utility and drainage easements by the appropriate companies with all easements marked on the final plat bound copies. 7. The remaining land of the parent parcel will result in a parcel of less than 35 acres. Either combine the remaining land to an adjacent parcel by deed restriction to total 35 acres or more, or include the remaining land as part of the final plat. If included as a part of the final plat, the lot will be non-buildable until brought into conformance with the Linn County Zoning Ordinance and will require the note: This parcel may only be developed in accordance with all development regulations in effect at the time development is proposed on the plat. 8. The proposed subdivision name and proposed names of all roads, streets and lanes shall be submitted for review and approval by the Linn County Auditor s office prior to approval of the final plat. 9. One original and 3 complete copies of the final plat bound documents that must include the following:

7 Case # PS , Page 7 of 7 (a) Owner s certificate and dedication certificate executed in the form provided by the laws of Iowa, dedicating to Linn County title to all property intended for public use, including public roads (b) Title opinion and a consent to plat signed by the mortgage holder if there is a mortgage or encumbrance on the property as well as a release of all streets, easements, or other areas to be conveyed or dedicated to local government units within which the land is located (c) Surveyor's certificate (d) Auditor s certificate (e) Resolution of the Planning and Zoning Commission (f) Resolution of the Board of Supervisors (g) Resolution of approval or waiver of review by applicable municipalities (h) Treasurer s certificate (i) Agricultural Land Use Notification. The landowner shall ensure that such notification shall be attached to the deed and shall become a separate entry on the abstract of title for all the property that is subject of the permit or development as per Article 5, Section 1, 8 of the Unified Development Code. (j) Restrictive covenants or deed restrictions, as separate instruments, not combined with any other instrument (k) Three (3) copies of the surveyor's drawing (l) A covenant for a secondary road assessment 10. Final plat bound copies must be approved by the Linn County Board of Supervisors on or before July 20, 2016 as per Article 4, Section 8A(7), and shall be recorded within 1 year of that approval, as per Article 4, Section 8B, 6, of the Unified Development Code.