(A) Purpose. The minor subdivision process allows for the division of certain property described by metes and bounds 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.
(B) 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. In the event circumstances warrant platting of the following minor subdivisions, the city may require the subdivision to be processed as a plat in accordance with § 152.15 (Concept/Sketch Plan), § 152.16 and § 152.17 (Preliminary Plat), and § 152.18 and § 152.19 (Final Plat) of this code.
(1) Division of land into not more than two lots fronting on an existing street which conform to minimum city standards, including but not limited to, minimum lot size, required buildable area, setbacks, and the like, and does not:
(a) Require any new street;
(b) Require the creation of any public improvements;
(c) Adversely affect the remainder of the parcel or adjoining property; and
(d) Conflict with any provisions of the Comprehensive Plan, Zoning Ordinance, Official Map, or any other city regulations, including this section.
(2) A one in forty lot split which does not meet the criteria in M.S. § 462.358, Subd. 4b. Newly created lots shall conform to the design and performance standards of the Subdivision and Zoning Ordinances and shall be recorded with the county. A deed restriction clarifying future development rights is required on the newly created parcels. Stipulations regarding municipal services may also be imposed.
(C) Filing and review of application.
(1) Procedure.
(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 20 copies of the required information. Upon receipt, the matter will be placed on the next Planning Commission meeting which is at least 21 days after the date the application was received. The Planning Commission Secretary 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 Planning Commission Secretary will notify applicant of missing information. 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 Wright County Highway Department. Written notice and a copy of the proposed minor subdivision shall be filed with the Minnesota Department of Transportation and/or Wright 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) Planning Commission meeting. The minor subdivision application shall be submitted to the City Planning Commission for their review and recommendation. The Planning Commission shall review and comment on the subdivision's acceptability in relation to the Comprehensive Plan, Zoning Ordinance, Official Map, and this section. A recommendation may be made at that time or the matter may be tabled to allow further time for review and consideration.
(f) City Council meeting. The Planning Commission's recommendation will be conveyed to the City Council. The City Council shall review and comment on the subdivision's acceptability in relation to the Comprehensive Plan, Zoning Ordinance, Official Map, and this section. Action may be taken at that time or the matter may be tabled to allow further time for review and consideration. Comments on the minor subdivision shall not be considered binding in regard to subsequent plat review.
(2) Attendance at meetings mandatory. The applicant or a representative is required to attend all meetings with advisory boards and the City Council. Failure of the applicant or representative to attend a meeting may result in the denial of the application.
(D) Information required for minor subdivision.
(1) Number of copies required at the time of application. The developer shall submit one large scale copy and 20 reduced scale (11" x 17") copies of the required information to City Hall.
(2) Required information. The following information shall be submitted along with the application for minor subdivision:
(a) A Certificate of Survey prepared by a registered land surveyor which includes:
1. Scale not less than 1 inch to 100 feet;
2. North point indication;
3. Original and proposed lot boundaries;
4. Existing and resulting parcel legal descriptions;
5. The location of existing structures on the site;
6. Proposed driveway location;
7. Existing easement locations; and
8. Environmental constraints of the site;
(b) A soil test demonstrating the suitability for an on-site septic system if public sewer is not immediately available;
(c) A title search showing any existing deed restrictions;
(d) Additional information as outlined in division (B) above if deemed necessary and required by the city.
(3) Staking. The existing and proposed lot corners shall be staked at the site in such a manner that they are visible from the road for review by the city.
(4) Design standards. The minor subdivision shall conform to all design standards as specified in § 152.35 of this code. The city may, at its sole discretion, waive some of the requirements of the design standards.
(E) Approval or denial of minor subdivision.
(1) City Council action. The City Council shall act on the minor subdivision by motion within 120 days from the date of application, unless the applicant agrees to an extension. The motion shall include findings of fact supporting the approval or denial, and shall be entered into the written record of the proceedings of the City Council. A motion to approve that fails for the lack of a simple majority shall be a denial of the requested application.
(2) Denial. The City Council may deny the subdivision if it makes any of the following findings:
(a) That the proposed subdivision is in conflict with adopted applicable general or specific provisions of the Comprehensive Plan, Zoning Ordinance, Official Map or this section;
(b) That the physical characteristics of the site, including but not limited to, topography, vegetation, percolation rate, soil conditions, susceptibility to erosion and siltation, susceptibility to flooding, water storage, and drainage and retention are such that the site is not suitable for the type of development, design, or use contemplated;
(c) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;
(d) That the design of the subdivision or the type of improvements are likely to cause serious public health problems;
(e) That the design of the subdivision or the type of improvements will conflict with easements of record or with easements established by judgment of a court;
(f) That the design of the subdivision does not conform to minimum city standards; or
(g) That the applicant has failed to provide all documents required by the city in order to adequately evaluate the application.
(F) Deeds. Prior to certification by the city of the approval of the minor subdivision, the applicant shall supply the deed(s) granting to the city the easements and/or right of way required by the city.
(G) Park dedication fee. A park dedication fee as required in § 152.40 of this code shall be paid prior to recording the appropriate documents. Minor subdivisions that include vacant lots under one acre in size will be exempted from the park dedication fee.
(H) Recording.
(1) Procedure and time frame.
(a) Deadline. The applicant shall record the appropriate documents in the office of the Wright County Recorder within 60 days after the date of approval. If not recorded within the 60 day period, the approval shall be considered void.
(b) Copy to City Clerk. The applicant shall, immediately upon receipt of the recorded document from the County Recorder, furnish the City Clerk with a copy of the document(s) showing evidence of the recording.
(c) Building permit. No building permits shall be issued for construction of any structure on any lot in the minor subdivision until the city has received evidence of the document(s) being recorded by Wright County.
(2) Transportation Departments. When the land of the minor subdivision abuts a state highway, county road, or county highway, a certificate or other evidence showing submission of the minor subdivision to the Minnesota Department of Transportation and/or the Wright County Highway Department shall be filed with the office of the Wright County Recorder, with the minor subdivision.
(3) Department of Natural Resources. When the land of the minor subdivision is located within a Shoreland District or Floodplain District, the Department of Natural Resources shall be notified as required by law.
(Ord. 78-1, passed - -; Am. Ord. 00-02, passed 6-13-00; Am. Ord. 18-02Z, passed - -2018)