Loading...
Notwithstanding any provisions to the contrary herein contained the City Council, upon recommendation from the Planning Commission, may issue municipal improvement condos to pay the cost of required streets, sewer, water, and storm sewer improvements subject to the following:
(A) The proposed subdivision must be abutting upon a presently platted and substantially developed residential neighborhood.
(B) Before proceeding to issue improvement bonds, the Planning Commission and the City Council must make a finding based on current real estate activity in and around the city that lots within the proposed subdivision will be readily marketable.
(C) Issuance of improvement bonds to construct required improvements shall be upon petition and in accordance with M.S. Chapter 429 as amended and the total cost of such improvements shall be assessed against the benefitted property.
(Ord. 274, passed 4-15-1997)
SPECIAL PROVISIONS
The governing body reserves the right to decline approval of a subdivision if due regard is not shown for the preservation of all natural features such as large trees, water courses, scenic points, historical spots and similar community assets which, if preserved, will add attractiveness and stability to the proposed development of the property.
(Ord. 274, passed 4-15-1997)
(A) Consideration of the public property. The subdivider shall consult with the city staff, at the time his or her sketch plan is under consideration, to secure their recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The plat shall show the location and dimensions of all areas to be dedicated in this manner.
(B) Public sites to be reserved.
(1) Where a proposed drainage way, park, playground, school site or other public site, as shown on the Comprehensive Plan, is embraced in part or in whole by the boundary of a proposed subdivision and such public sites are not dedicated, such sites shall be reserved and no action taken towards approval of a final plat for a period not to exceed sixty (60) days to allow the proper governmental agency the opportunity to consider and take action towards acquisition of such public ground or park by purchase or other methods.
(2) In all new residential subdivisions, including planned unit development and mobile home parks, a minimum of five percent (5%) of the gross area subdivided shall be dedicated for public recreation space or other public use. The dedicated percent of the gross area subdivided shall be in addition to property dedicated for streets, alleys, easement, or other public ways. No areas may be dedicated for public use until such areas have been approved by the governing body as suitable and necessary for the public health, safety, convenience, and general welfare. When the subdivision is too small for practical dedication of public land or if no land in the subdivision is suitable or required for such use, the subdivider may be required to pay a fee as specified in a published fee schedule established by resolution of the governing body. Such money as may be collected shall be used for park land acquisition and park development.
(3) Lots created in any manner that are larger than five (5) acres may be subject to the above requirements if, in the opinion of the governing body, the lots will not be resubdivided.
(4) Where a subdivision includes any portion of a lake shore or the shoreline of a meandered stream, no less than ten percent (10%) of the portion of the shoreline lying within a subdivision shall be dedicated for use by the public along with sufficient land to allow access to a publicly dedicated street. This land may be a part of, or equal to, the percent of land for dedication as public land under this section.
(Ord. 274, passed 4-15-1997)
Upon receiving a report from the Planning Commission, the governing body may grant a variance from the provisions for these regulations in the case of a planned unit development, as defined in the Zoning Code, provided that the Council shall find that the proposed development is fully consistent with the purpose and intent of these regulations and the Comprehensive Plan. This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques such as cluster development.
(Ord. 274, passed 4-15-1997)
(A) (1) In the case of a subdivision resulting in three (3) or less lots, situated in a neighborhood where conditions are well defined, the governing body may exempt the subdivider from complying with some of the requirements of these regulations. In the case of a request to subdivide a lot which is a part of a recorded plat, or where the subdivision is to permit the adding of a parcel of land to an abutting lot or to crate not more than two (2) new lots plus the existing lot, and the newly crated property lines will not cause any resulting lot to be in violation of these regulations or the Zoning Code, the division may be approved by the governing body, after submission of a survey by a registered land surveyor showing the original lot and the proposed subdivision. Payment of all encumbrances for special assessments shall be a prerequisite for approval by the governing body unless specifically exempted.
(2) There shall be only one (1) minor subdivision with regard to the subject property in any twelve (12) month period.
(B) (1) Fees shall be payable at the time applications are filed with the city and are not refundable unless application is withdrawn prior to review by the City Council. City Council may refer to Planning Commission for recommendation.
(2) There shall be no fee in the case of applications filed in the public interest by members of the Council or by the Planning Commission.
(Ord. 274, passed 4-15-1997; Am. Ord. 313, passed 2-4-2003) Penalty, see § 153.999
All registered land surveys shall be filed subject to the same procedure as required for the filing of a plat for platting purposes. The standards and requirements set forth in these regulations shall apply to all registered land surveys. Unless the governing body shall approve, a registered land survey shall not be used to divide a parcel of land into lots for the purpose of transfer of ownership or building development, if any of the tracts do not have the required frontage on a dedicated public street.
(Ord. 274, passed 4-15-1997)
Loading...