CASE # JPS EXECUTIVE SUMMARY RESIDENTIAL PARCEL SPLIT STAFF CONTACT: MIKE TERTINGER

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1 CASE # JPS EXECUTIVE SUMMARY RESIDENTIAL PARCEL SPLIT STAFF CONTACT: MIKE TERTINGER OWNER/APPLICANT INFORMATION OWNER/APPLICANT: MAILING ADDRESS: PROPERTY ADDRESS: Tom & Kim Sindelar 4292 Boy Scouts Rd Central City, IA Boy Scouts Rd Central City, IA REQUEST The applicant is requesting a residential parcel split of 6.75 acres (proposed Lot 1) with no additional road right-of-way. Proposed Lot 1 includes a dwelling built in The remainder of the parent parcel contains approximately 24.5 acres, which is less than the minimum required lot size of 35 acres in the CNR (Critical Natural Resources) zoning district. However, a deed restriction will not be required as part of the Residential Parcel Split case as the remaining acreage in the parent parcel is included in concurrent Land Preservation Parcel Split case JLPS The three GPNs of the parent parcel are considered one legal lot of record per Court Officer Deed, Vol. 1252, Pg. 308 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. The existing farmhouse will not meet setback requirements and must be demolished or relocated as a condition of approval. 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 JPS Planning and Zoning Commission Meeting: OCTOBER 16, 2017 PROPERTY INFORMATION: PLAN MAP DESIGNATION: CNRA (Critical Natural Resource Area) CURRENT ZONING: CNR (Critical Natural Resources) SURROUNDING LAND USES AND ZONING North Critical Natural Resources; CNR South Critical Natural Resources; CNR East Critical Natural Resources; CNR, RR3 West Critical Natural Resources; CNR PLAT SIZE: 6.75 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:

3 Case # JPS , Page 3 of 7 i. Previous tax records establishing the existence of the dwelling; or ii. Existence of 75 percent or more of the dwelling's foundation; or 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, not including the bonus parcel, shall be included as an outlot in the final plat for concurrent case JLPS (c) All resulting parcels shall have access to an abutting public roadway. Staff Conclusion: All resulting parcels have access to an abutting public roadway. (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 6.75 acres. Not all side and rear yard setback requirements have been met; however, the existing farmhouse will be demolished or relocated as a condition of approval. (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 is not within two miles of any city; therefore, no city action on the plat is required.

4 Case # JPS , 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 staff/applicant for further review/information. 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, Steve.Gannon@linncounty.org Brad.Ketels@linncounty.org 1. 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. Previously purchased right-of-way by easement on Boy Scouts Road adjacent to development shall be dedicated to Linn County for road purposes. 3. Road agreement for conditions applicable to residential parcel split cases. County Standard Specifications, Sec. 1. Comments: 1. 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 Case # JPS , Page 5 of 7 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. IOWA DEPARTMENT OF TRANSPORTATION JOEL KEIM, ENGINEERING OPERATIONS TECHNICIAN, Joel.Keim@dot.iowa.gov 1. No conditions to be met. LINN COUNTY PUBLIC HEALTH DEPARTMENT SUE ELLEN HOSCH, ENVIRONMENTAL SPECIALIST, SueEllen.Hosch@linncounty.org 1. Require a demolition agreement to verify the structure will be removed within at least one year from date. NATURAL RESOURCES CONSERVATION SERVICE JON GALLAGHER, LINN COUNTY SOIL CONSERVATIONIST, JOHN BRUENE, DISTRICT CONSERVATIONIST, x3 Jon.Gallagher@ia.nacdnet.net 1. Land disturbance greater than 1 acre in size, not associated with agricultural crop production, will require a NPDES permit granted by the Iowa Department of Natural Resources. 2. A site plan showing the footprint of proposed structures and septic systems and wells shall be submitted and approved by the NRCS office prior to plat approval. Comments: 1. Before grading and building on lots, a plan for erosion control is needed. Plan shall be implemented before, during, and after construction. Utilize Erosion Control for Small Site Development brochure during construction of homes and outbuildings. The brochure can be obtained from the NRCS office or Planning and Development. 2. Submit all required items above to Jon Gallagher at the NRCS office. LINN COUNTY CONSERVATION DEPARTMENT DENNIS GOEMAAT, Dennis.Goemaat@linncounty.org 1. There is a significant forest resource present that should be protected by maintaining natural woodland vegetation on steep slopes. Comments: Limit construction activity such as grading, filling, trenching in root zone of trees to be saved.

6 Case # JPS , Page 6 of 7 LINN COUNTY EMERGENCY MANAGEMENT MIKE GOLDBERG, mike.goldberg@linncounty-ema.org 1. No conditions to be met. LINN COUNTY 911 COORDINATOR SHARENE OTTAWAY, Sharene.ottaway@linncounty.org 1. E-911 address sign is required to be located at driveway entrance. 2. Street designation signs and E-911 address signs to be applied for at Linn County Secondary Roads Department, LINN COUNTY PLANNING AND DEVELOPMENT ZONING DIVISION MIKE TERTINGER, PLANNER, Mike.Tertinger@linncounty.org 1. Not all side and rear yard setbacks have been met for the structures involved in this proposal. The existing farmhouse does not meet current setbacks and must be demolished or relocated within one year of Board of Supervisors approval. 2. Various revisions to the site plan and final plat. 3. 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. 4. Approval of utility and drainage easements by the appropriate companies with all easements marked on the final plat bound copies. 5. The remaining land of the parent parcel will result in a parcel of less than 35 acres. The remaining land, not including the bonus parcel, shall be included as an outlot in the final plat for concurrent case JLPS 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. 7. One original and 3 complete copies of the final plat bound documents that must include the following: (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

7 (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 Case # JPS , Page 7 of 7 (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 8. Final plat bound copies must be approved by the Linn County Board of Supervisors on or before OCTOBER 16, 2018 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.