MEMORANDUM. Honorable Chairman Eilert and Commissioners

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1 Johnson County Manager s Office Public Service Public Value Public Leadership 111 S. Cherry Olathe, Kansas (913) Main MEMORANDUM Date: February 24, 2011 To: From: Subject: Honorable Chairman Eilert and Commissioners Hannes Zacharias, County Manager Weekly County Manager s Report Property Owner Notification Lists Zoning and Subdivision Requirements Last year, a County resident complained about the expense of obtaining the required certified property ownership list used to notify surrounding property owners within 1,000 ft. of a pending zoning or subdivision application. Currently, the County will only accept a certified property ownership list from a licensed abstractor, title company, or similarly qualified person. In the case of the complaint, the cost of obtaining the required certified list from a title company would have been over $1,000. Staff undertook a review of the County s current interpretations and requirements for obtaining a certified property owner list. After working with Records and Tax Administration (RTA) and the Legal Department, Planning staff recommends to the County Manager that a certified property ownership list should be accepted from RTA as a recognized similarly qualified person, provided certain notifications and disclaimers are signed by the applicant. In the case of the complaint noted above, the estimated RTA bill would be less than $300. The attached memorandum from the Planning Department describes: 1) the County s current property ownership list requirements and procedures, 2) state statutory requirements, 3) a summary of the ownership list requirements, 4) procedures employed by five other Kansas counties, and 5) three options for the County Manager s consideration: Option A: Continue current practice of only accepting property ownership lists from licensed abstractors, title companies, and similarly qualified persons and excluding RTA from providing such lists. Option B: Allow the use of County RTA records similar to the methods used by other Kansas counties. Option C: More clearly define a similarly qualified person and consider expanding eligibility to include other real estate professionals such as licensed engineers, land surveyors, planning consultants, real estate brokers or salesmen, etc. 1

2 Planning staff recommended Option B which would allow the interpretation of RTA as a similarly qualified person. This option was accepted by the County Manager and will be put into practice beginning March 1, Additional Right-of-Way Needed 191 st Street (46 KA ) It has been determined that the proposed 191 st Street Improvement between Four Corners Road and the proposed Homestead Lane intersection should be moved south. A drawing showing the proposed realignment is attached to the memo. The realignment will allow for a future extension of Four Corners Road north to connect to Highway 56 and avoid grading conflicts with the BNSF Intermodal project. KDOT and the City of Edgerton have been consulted and have indicated that they prefer the southern realignment. The changes will result in additional costs which will be the responsibility of KDOT. A request for additional fee and contract time extensions are anticipated from Shafer, Kline, & Warren for the revision. Transcripts of Board of County Commissioners Meetings The production of verbatim transcripts will end on March 1, Eliminating the transcripts will result in approximately $25,000 savings annually. Currently, the Clerk of the Board produces the Official Journal, which serves as the official record of proceedings of the BOCC and satisfies the requirements under state law. Meetings of the BOCC will continue to be broadcast on the Legislative Information Management System (LIMS) web portal at Proposed Issuance of City of Olathe Industrial Revenue Bonds A memo from the City of Olathe regarding a Notice of Public Hearing and Issuance of Revenue Bonds along with a cost-benefit analysis is attached to the memo. The purpose of the bonds is to provide funds for acquiring, purchasing, constructing, installing, and equipping an approximately 6,200 square foot expansion of an office and warehouse building located at 890 N. Mart-Way Court. The City of Olathe intends to own the facility and further intends to lease it to DV2R, LLC, a Kansas Limited Liability Company. The applicant has requested a 10-year 50 percent property tax abatement. 2

3 Johnson County Kansass Department of Planning, Development, and Codes February 21, 2011 Memorandum To: Hannes Zacharias, County Manager Bernice Duletski, ICMA-CM, AICP, Deputy County Manager FR: Dean Palos, FAICP, Director of Planning RE: Property Owner Notification Lists Zoning and Subdivision Requirements The following is a summary of proposed changes in the County s current requirements and procedure for obtaining property ownership lists that are statutorily required for notifying surrounding property owners of pending zoning and subdivision applications within the unincorporated area. Background/Summary: In response to a recent complaint from a county resident, County planning staff has undertaken a review of the procedures and the costs for applicants to provide the required property ownership lists used to notify surrounding property owners of pending zoning or subdivision application. State Statutes and the County s Zoning and Subdivision Regulations both set forth specific requirements for notification as follows. The most relevan nt wording is highlighted, below: County Requirement - Article 4, Section 2 (A) (3) of the Zoning and Subdivision Regulations: The applicant for a proposed Rezoning, Conditional Use Permit, Preliminary Development Plan, or Preliminary Plat shall provide the Planning Office with a list of the names and addresses of the owners of record of all property within 1,000 feet of the property in question. Such list shall have been originated by a licensed abstractor, title company, or similarly qualified person whose services have been secured by the applicant and said list shall be compiled from the official records of the County Register of Deeds and not just the apparent owners as evidenced in the real estate tax records. State Statute Requirement K.S.A (b) 5 th Paragraph: All such proposed amendments, rezonings or conditional use permits first shall be submitted to either the planning commission for recommendation regarding amendments or the appropriate zoning board for recommendation regarding rezonings or conditional use permits. All notice, hearing and voting procedures for consideration of proposed amendments, rezonings and conditional use permits shall be the same as that required for amendments, extensions or additions to the comprehensive plan as provided by K.S.A Supp Rezonings and conditional use permits shall be designated by legal description and general street location and, in addition to publication notice, written notice of such proposed rezoning or conditional use permit shall be mailed to all owners of record of lands located within 1,000 feet of the property affected by such rezoning or conditional use permit and an opportunity granted to interested parties to be heard, all as provided in the zoning regulations. Failure to receive such notice shall not invalidate any subsequent action taken. Codes Phone: (913) Planning Phone: (913) South Cherry Street, Suite 3500 Olathe, Kansas Web Page: Fax: (913)

4 Currently, county planning staff strictly adheres to the provisions of Article 4, Section 2 (A) (3), above, and does not accept property ownership lists without certification by a licensed abstractor, title company, or a similarly qualified person. For some property owners the cost of obtaining this list has been a burden, as it is for a recent complainant whose estimated cost from a title company will be over $1,000 for the required list. The cost of obtaining such a list from licensed abstractors or title companies is generally based on the number of property ownerships located within the 1,000-ft. statutory-required notification area. The list costs vary by licensed abstractors and title companies, but are generally between $10 and $20 + per individual property, depending upon the number of names. Some licensed abstractors and title companies also charge a base fee as well as a separate per-property fee. For example, notification of 10 separate property owners would cost, at a minimum, $200. In contrast, the cost of obtaining a similarly reliable list of the property owners from the County s Record and Tax Administration (RTA) real estate tax records would normally be between $20 and $100, depending on the extent of staff time and work required. If extensive work is involved, the RTA fee could be over $200 (maps and reports are charged based on the cost of the product and extensive research includes a $25.00 per hour fee for work effort). Other Counties: For the purpose of comparison, planning staff surveyed five other Kansas Counties (Douglas, Shawnee, Sedgwick, Wyandotte, and Leavenworth) to learn their requirements and procedures for obtaining property owner lists. A summary of these findings are: All of the counties, except for Sedgwick, use the County Clerk records to obtain the list of property owners. All five county planning departments are responsible for mailing the notifications for public hearings. All five counties use first class mail to send the notices. All five counties cover the cost of mailing as part of the application fee. All five counties re-notify and re-start the process if there is a failure to send notification. A summary matrix of the above findings is attached (Attachment A). Options: Based upon these findings and discussion with the County Manager, Legal, Planning, and RTA staff, the following three options are submitted for consideration: Option A: Continue current practice of only accepting property ownership lists from licensed abstractors, title companies, and similarly qualified persons and excluding RTA from providing such lists. 2

5 Option B: Allow the use of County RTA records similar to the methods used by Shawnee, Wyandotte, Douglas, and Leavenworth Counties. This could be accomplished by interpreting the wording in Article 4, Section 2 (A) (3) of the Zoning and Subdivision Regulations to include the RTA as a similarly qualified person; satisfying the requirement that: Such list shall have been originated by a licensed abstractor, title company, or similarly qualified person whose services have been secured by the applicant and said list shall be compiled from the official records of the County Register of Deeds and not just the apparent owners as evidenced in the real estate tax records. Utilizing this interpretation would not require any changes to the County Zoning Regulations, nor would it require a formal public hearing by either the planning commission or Board of County Commissioners (BOCC). If RTA is deemed a similarly qualified person, the procedure for obtaining a valid property owner list would generally include the following steps: 1. Applicants for zoning or subdivision approval are notified by the planning department, in writing and verbally, that they may obtain the required property ownership list from a: 1) licensed abstractor, 2) title company, or 3) other similarly qualified person including the RTA. 2. If the RTA receives a request from the applicant, the RTA compiles the property ownership lists from the RTA s existing property ownership records that include the name(s) and mailing addresses of the subject owners for each property within the 1,000-ft. notification area. Before receiving the list, the applicant is: 1) provided a notice that the RTA makes no representations or warranties regarding the information to be provided (Attachment B) and 2) required to sign an RTA form acknowledging receipt of the information (Attachment C). The RTA then bills its standard fee to the applicant. If the applicant is requesting information to be utilized within a city s notification process, the Attachment D will be given to the applicant when they pick-up and/or receive the requested information. 3. Regardless of the source (e.g., licensed abstractor, title company, RTA), when the applicant submits the property ownership list to the planning department, staff reviews the list for compliance with all the property ownership notification list requirements. 3

6 4. Using the approved data from the property owner list submitted by the applicant, planning staff proceeds, as it does now, to send certified mail receipt notices to the names on the list. Upon completion of the application process, the planning department then bills the applicant for only the direct cost of mailing the notices (labor, etc. are not included). Option C: More clearly define a similarly qualified person and consider expanding eligibility to include other real estate professionals such as licensed engineers, land surveyors, planning consultants, real estate brokers or salesmen, etc. Planning Staff Recommendation: Planning staff recommends instituting Option B that would allow the County Zoning Regulations to interpret the RTA, as a similarly qualified person, to provide the required property ownership lists along with licensed abstractors and title companies. 4

7 ATTACHMENTS A. County Notification Survey Comparison Matrix Jurisdiction / Contact Who Mails Notification Letter Mailing Certified or First Class Source of List Who Pays Mail-Out Fee If Landowner Isn't Sent Notice Lawrence, Douglas County, Kansas; , Judy Stoner/Linda Finger Planning dept mails, if public hearing, applicant mails others First Class County Clerk Records Included in application fee Re-notify and re-start process Topeka, Shawnee County, Kansas; , Barry Beagle Zoning Office First Class County Clerk Records Included in application fee Re-notify and re-start process Wichita, Sedgwick County, Kansas; , Derek Slocum Planning/Zoning Department First Class Applicant obtains certified list from title company Included in application fee Re-notify and re-start process Kansas City, Wyandotte County, Kansas; , Janet Parker Department of Urban Planning First Class County Clerk Records Included in application fee Re-notify and re-start process Leavenworth County, Kansas; Jeff Joseph, Planning Department First Class County Clerk Records Included in application fee Re-notify and re-start process Johnson County Planning Department Certified Applicant obtains certified list from title company; Zoning Assistant compares JCLR records to certified list Certified Mail: $5.54 per letter* ($2.80 Certified Fee, $2.30 Return Receipt Fee, $.44 First Class Postage up to 1 oz.) Re-notify and re-start process *The owner of multiple parcels is sent one letter; multiple owners (et al) of one parcel each receive a letter. 5

8 B. Land Records Request Form and Certification LAND RECORDS REQUEST FORM AND CERTIFICATION I, the undersigned, hereby request the following land records: A list of all the owners of any real property, except public streets and ways, located within 200 feet of the boundaries of the subject property described below. A list of all the owners of any real property, except public streets and ways, located within 1000 feet of the boundaries of the subject property described below. Description of Subject Property: By signing below I hereby certify I shall not (i) use; or (ii) sell, give or otherwise make available to another person; any list of names or addresses contained in or derived from this request, for the purpose of (a) selling or offering for sale; or (b) allowing another person to sell or offer for sale; any property or service to any person listed, or to any person who resides at any address listed. Further, I have read and understand this Land Records Request Form And Certification, which is voluntarily entered into, and which is and shall be binding upon me. ACKNOWLEDGMENT AND RELEASE I, the undersigned, of lawful age, do hereby acknowledge that the information provided in response to the above designated request is obtained from the public records. The Johnson County Department of Records and Tax Administration therefore does not warrant or guarantee the accuracy of the public records researched, nor the information collected and provided therefrom. Furthermore, in consideration of receiving the above designated information/records, the undersigned does hereby release, waive, discharge and hold harmless the Board of County Commissioners of Johnson County, Kansas, and its departments, officers, employees and agents, from any and all actions, suits, liabilities, claims or demands whatsoever, arising out of or in connection with the use of the above designated records. I have read and understand this acknowledgment and release, which is voluntarily entered into, and which is and shall be binding upon me, my spouse (if any), and my heirs, successors, assigns and legal representatives. Printed Name Signature Address Phone Number Date G:\Legal\FORMS\Land Records Request Form No. 3_RJL_2011.docx 6

9 C. RTA Request For Information Form Date Name Address Zip Code RE: Delivery of requested information Dear : Under cover of this letter, the Johnson County Department of Records and Tax Administration (RTA), has provided you with the following information you requested: Please be aware that the information provided was obtained from a review of the county s land and tax records effective on, and is subject to constant and future changes and (effective date) updates after the effective date. Sincerely, John A. Bartolac, Director Records and Tax Administration ACKNOWLEDGEMENT OF RECEIPT I,, hereby acknowledge receipt of the above referenced information on, and that I have read and understand the contents of (receipt date) this letter. Signature Print Name G:\Legal\FORMS\RTA_Requested Info Form_Clean.docx 7

10 D. Notice of RTA Record Request Form NOTICE Please be aware that the Johnson County Department of Records and Tax Administration makes no representations or warranties of any kind, express or implied, regarding the records, data or information provided you today (hereinafter collectively Records ), including but not limited to warranties as to the suitability of the Records for any use intended, nor warranties of merchantability or fitness for a particular purpose. For purposes of illustration, and not limitation, the Records may not be suitable for use to provide statutorily required notice to landowners of pending land use, zoning or subdivision applications. Therefore, you may want to consult with a private attorney if you have questions regarding the suitability of the Records for their intended use. G:\Legal\LTRS_RJL\NOTICE_RTA Records Requests_Clean.docx 8

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