(A) Pre-application meeting. At the subdivider’s option, a pre-application meeting shall be held including the subdivider, City Zoning Administrator, City Engineer, if requested by the Zoning Administrator and the City Administrator. Discussion at this meeting shall be limited to procedure, ordinance requirements and timing.
(B) Sketch plan review meeting with Planning Commission. At the subdivider’s option, a review of a sketch plan will be made by the Planning Commission prior to a public hearing. Discussion at this meeting shall be limited to procedure, ordinance requirements and timing.
(1) The subdivider shall submit nine copies of the sketch plan, 14 days prior to the normal Planning Commission meeting, and request a position on the formal agenda.
(2) The Planning Commission shall not take action on the proposal, but may make suggestions to facilitate the preparation of an approvable preliminary plat or plan.
(C) Minor subdivision.
(1) Purpose. The minor subdivision process allows for the division of certain property described by metes and bounds legal description and is an abbreviated review process in which there are fewer requirements than a normal subdivision. This process is limited to specific situations as set forth in this section.
(2) Qualification. The following may be considered a minor subdivision provided that the parcel of land has not been part of a minor subdivision within the last five years: Division of land into not more than three new lots in a five-year period fronting on an existing public street which does not:
(a) Require any new street;
(b) Require the creation of any public improvement;
(c) Adversely affect the remainder of the parcel or adjoining property; and
(d) Conflict with any provisions of the comprehensive plan, zoning code, or any other city regulations, including this chapter.
(3) Filing and review of application.
(a) Application. Before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on such proposed subdivision shall be granted, the subdividing owner or authorized agent, shall file an application and secure approval of a minor subdivision.
(b) Placement on the Planning Commission agenda. The city must receive an application form and all of the required information. Upon receipt, the matter will be placed on the next Planning Commission meeting agenda which is at least 30 days after the date the application was received. The Zoning Administrator or appointee shall submit copies of the application and required information to other staff, committees, consultants, or agencies as appropriate who may make written comments to the Planning Commission.
(c) Incomplete application. The city shall have the authority to request additional information. An application may not be heard by the Planning Commission if incomplete. The Zoning Administrator or appointee will notify applicant of missing information within 15 days of receiving the application. Failure to provide the necessary supportive information may be grounds for denial of the request.
(d) Transportation and Highway Department review. A minor subdivision abutting any existing or proposed trunk highway, county road or highway or county state-aid highway shall be subject to review by the Minnesota Department of Transportation and/or County Highway Department. Written notice and a copy of the proposed minor subdivision shall be filed with the Minnesota Department of Transportation and/or County Highway Department for review and comment. Final action on a minor subdivision shall not be taken until the required comments and recommendations have been received or until the minimum 30-day review period has elapsed.
(e) DNR. When the land in the minor subdivision is located within a shoreland district or floodplain district, the Department of Natural Resources shall be notified of the minor subdivision as required by law. Any requirements of the Department of Natural Resources shall be met prior to the issuance of a building permit.
(f) Watershed. When the land in the minor subdivision is located within a Watershed District, the Watershed District shall be notified. Any requirements of the Watershed District shall be met prior to the issuance of a building permit.
(g) Planning Commission meeting. The minor subdivision application shall be submitted to the Planning Commission for its review and recommendation. The Planning Commission shall review and comment on the subdivision's acceptability in relation to the Comprehensive Plan, zoning code, and any other city regulation.
(h) Attendance at Advisory and Planning Commission meetings, and Council meetings. Attendance at Advisory and Planning Commission meetings is mandatory. Attendance at City Council meeting is suggested.
(4) Information required for minor subdivision. Unless waived by the Planning Commission, all items identified in § 152.242 shall be included on an exhibit.
(5) Minor subdivision approval. Where appropriate under the provisions of this chapter, the subdivider shall submit documents containing the essential information of a proposed plat or plan as specified in § 152.242 and including dimensions computed to one-hundredth of a foot and bearing computed to equivalent accuracy to the Planning Commission for approval. The resulting legal description must be a complete legal and not reference a separate legal nor should it be overly complicated. The review of the Planning Commission need not include a public hearing.
(6) Conditions of approval.
(a) All necessary utility and drainage easements are provided for.
(b) All new lots created by the minor subdivision conform to lot area and width requirements established for the zoning district in which the property is located.
(c) The minor subdivision does not require dedication of public right-of-way for the purpose of gaining access to the property.
(d) Any existing structures on site of the minor subdivision, meets setbacks and all other standards as specified elsewhere in the city's zoning and subdivision ordinances.
(7) Minor subdivision review.
(a) The subdivider shall submit five copies of his or her proposal to the Zoning Administrator 30 days prior to the normal Planning Commission meeting and pay the corresponding fee.
(b) The Zoning Administrator shall review the minor subdivision for compliance with the zoning ordinance including a field review at his or her discretion.
(c) The Planning Commission shall decide on approval of the subdivision within a reasonable time based on the resulting lots complying with the chapter, the feasibility of the resulting lots for their intended purpose, and the provision for access to adjacent properties. Conditions may be attached to an approval requiring appropriate improvements. No more than three lots shall be allowed in a five-year period of time using the minor subdivision process. An additional parcel for right-of-way or commonly owned driveway access may also be allowed.
(d) The resulting land descriptions shall be prepared and signed by a licensed surveyor and shall comply with all provisions of this chapter.
(e) Failure of the subdivider to act after an approval of a minor subdivision within one year shall void the approval unless extended by the Planning Commission.
(D) Lot consolidation/lot line adjustment.
(1) Purpose. The lot consolidation/lot line adjustment process is an administrative review process in which there are limited requirements to combine multiple lots into one parcel or to adjust a common lot line affecting existing parcels. Parcels resulting from these procedures must be consistent with all zoning code requirements and other applicable regulations. Lot consolidation is required prior to a building permit being issued. In areas which are not will defined, or where lots are irregular in shape and/or are included in more than one plat, the city may require that lot line adjustment/lot consolidation occur through the preliminary and final subdivision platting requirements.
(2) Qualifications.
(a) Lot consolidation. Two or more parcels, not separated across a street, ally or right-of-way with one or more common lot lines whether recorded platted lots or not, may be consolidated into one parcel.
(b) Lot line adjustment. Properties must be adjacent with one or more common lot line and the resulting lot line adjustment may not create additional lots, create or increase a nonconforming use on either property or create an unbuildable lot.
(c) Rezoning. If the adjustment or combination would cause one of the parcels to have two different zoning classifications, the applicant must rezone the property to achieve a consistent zoning classification for the newly created parcel.
(d) Easements. Any easements that becomes unnecessary as a result of the combination of parcels must be vacated. In addition, new easement must be established where appropriate.
(3) Filing and review of application.
(a) Before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure on such proposed property shall be granted, an application, payment of corresponding fee and approval of a lot consolidation or lot line adjustment is required.
(b) The Zoning Administrator shall review the application and required information to determine conformance with the comprehensive plan, zoning code, and any other city regulation. The Zoning Administrator shall give final approval. In reviewing the application, the Zoning Administrator may refer the matter to the Planning Commission, or consultant if necessary.
(4) Information required for lot consolidation/lot line adjustment. Unless waived by the Planning Commission, all items identified in § 152.242 shall be included on an exhibit.
(5) Lot consolidation/lot line adjustment approval.
(a) Lot line adjustment. Where appropriate under the provisions of this chapter, the applicant shall submit documents containing the essential information as specified in § 152.242 and including dimensions computed to one-hundredth of a foot and bearing computed to equivalent accuracy to the Zoning Administrator for approval. The resulting legal description must be a complete legal and not reference a separate legal nor should it be overly complicated. A lot line adjustment conveyance document shall be prepared by the applicant, reviewed by the Zoning Administrator, County Recorder and County Land Surveyor and recorded in the Office of the County Recorder.
(b) Lot consolidation. A lot combination conveyance document shall be prepared by the applicant, reviewed by the Zoning Administrator and County Recorder and recorded in the Office of the County Recorder.
(6) Conditions of approval.
(a) All necessary utility and drainage easements are provided for.
(b) The lot consolidation/lot line adjustment does not create additional lots or an increase a non-conforming use or create an unbuildable lot on either parcel.
(c) The lot consolidation/lot line adjustment does not require dedication of public right-of-way for the purpose of gaining access to the property.
(d) The Zoning Administrator shall review the proposed lot consolidation/lot line adjustment tor compliance with the Zoning Ordinance including a field review at his or her discretion.
(e) The resulting land descriptions shall be prepared and signed by a licensed surveyor and shall comply with all provisions of this chapter. The land descriptions shall be accompanied by a survey exhibit when determined necessary by the Zoning Administrator.
(f) Failure of the applicant to act after an approval of a minor subdivision within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new public hearing.
(E) Preliminary plat or preliminary condominium plat approval. The preliminary plat or preliminary condominium plat approval constitutes formal approval of the concept and design of the subdivision. The Planning Commission review shall include a public hearing and may include a field review at their discretion. All reports of city staff, DNR, road authorities and Park Committee as well as citizen comments shall be reviewed and included in the hearing record. Related variance requests, rezoning requests and conditional use requests shall be heard concurrently with a subdivision request.
(1) The subdivider shall submit nine copies of his or her proposed plat or condominium plat to the Zoning Administrator 30 days prior to the normal Planning Commission meeting, pay the required fees and request a public hearing.
(2) The Zoning Administrator shall notify all property owner's within 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing, including sufficient legal property description in the advertisement. The Zoning Administrator shall distribute:
(a) One copy to each Planning Commission member;
(b) If the proposal is adjacent to a County Highway, one copy to the County Engineer;
(c) If the proposal is in shorelands or flood plain, one copy to the DNR; and
(d) If the proposal is adjacent to or abutting state highway, one copy to the Minnesota Department of Transportation postmarked at least ten days before the public hearing for review and comment.
(3) The Zoning Administrator shall review the proposed plat or plan as to content standards, necessary variances from the zoning ordinance and this chapter, necessary rezoning or necessary Conditional Use Permits, and advise the subdivider and the Planning Commission of his or her findings.
(4) The subdivider shall make additional application for the necessary permits at least 30 days prior to the normal Planning Commission or Board of Adjustment meeting as applicable, if subdivider desires to have a concurrent public hearing for variance, conditional use or rezoning.
(5) The Planning Commission shall hold the public hearing and may continue the hearing as it deems necessary to allow all factual input it deems necessary to allow a decision. Lack of submission of comments by outside agencies shall be construed to mean the agency has no objections.
(6) The Planning Commission shall recommend the approval or disapproval of the preliminary plat or preliminary condominium plat to the Council within 120 days of submission, and the findings shall be sent to the subdivider. The Planning Commission shall consider the following in its decision:
(a) Is the property zoned properly?
(b) Does the proposal conform to the Comprehensive Plan?
(c) Does the proposal conform to the requirements of the Zoning Ordinance?
(d) Does the proposal conform to the requirements of the Subdivision Ordinance?
(e) Have the concerns of the affected agencies been addressed?
(7) The City Council shall review the findings and recommendations of the Planning Commission at its next regular meeting and make the final determination.
(8) The City Council will hear any appeal within 30 days of the Planning Commission action and will re-notify anyone noticed for the public hearing. The appeals will be filed with the City Administrator within 15 days of the decision.
(9) Failure of the subdivider to act after an approval of preliminary plat or preliminary condominium plat within one year shall void the approval unless extended by the Planning Commission. A second extension shall require a new public hearing.
(F) Final plat or final condominium plat approval. Upon approval by the Planning Commission, the subdivider shall cause the final plat or final condominium plat, documents and concurrent documents to be prepared and submitted to the Planning Commission for recommendation to the City Council. All coincident variance requests, conditional use permit requests and/or rezoning requests shall either have been decided or be pending approval simultaneously with the final plat.
(1) The subdivider shall submit nine paper copies of the final plat or final condominium plat and concurrent documents to the Zoning Administrator 30 days prior to the Planning Commission meeting.
(2) The Zoning Administrator shall distribute the information received to the City Attorney, the City Engineer and an independent licensed surveyor, who shall review the submission for conformance with the standards and comment thereupon to the Planning Commission. The Zoning Administrator shall compare the final plat to the preliminary plat and comment thereupon. The City Attorney shall ascertain that all parties with an interest in the parcel to be divided are indicated as signers of the documents. The City Engineer shall determine that the improvements required have been completed or have been included in a development contract and that the required security has been posted with the City Council. The independent licensed surveyor shall compare the approved preliminary plat with the final plat, provide a plat check of the final plat and verify that the final plat meets the survey standards required by state statutes.
(3) The Planning Commission shall review the reports of the City Attorney, City Engineer, Zoning Administrator and independent licensed surveyor and make recommendation to the City Council within 45 days of submission. The Planning Commission shall consider the following:
(a) Has the applicant complied with all conditions and requirements upon which the preliminary approval is expressly conditioned wither through performance or execution of appropriate agreements assuring performance?
(b) Does the final plat or final condominium plat agree with the preliminary plat or preliminary condominium plat?
(c) Does the City Attorney agree that all parties with an interest in the property are shown as signers of the document?
(d) Does the City Engineer agree that all improvements required are satisfactorily completed or are guaranteed by contract with adequate financial security?
(e) Does an independent licensed surveyor agree the final document meets the statutory requirements?
(f) Has financial security been posted in the appropriate amount?
(4) The City Council shall review the proposal at its next regular meeting and decide the approval or denial within 60 days of the submission of the final plat or final condominium plat to the city.
(5) Following approval by the City Council, the subdivider shall submit to the Zoning Administrator, two double mounted cloth backed prints on card stock (hard-shells) and two Mylar prints of the final plat or final condominium plat for signature by the Mayor and City Administrator.
(6) Upon signature, the subdivider shall file all pertinent documents with the County Recorder. Failure to file a final plat or plan, within two years shall void the approval unless extended by the City Council.
(Ord. 332, passed 5-19-2008)