HomeMy WebLinkAboutOrdinance 860 ORDINANCE NO. 860
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1200, CHAPTERS 1201, 1202 AND 1204 OF THE
MOUNDS VIEW CITY CODE RELATING TO THE REVIEW AND RECORDATION OF
PLATS AND MINOR SUBDIVISIONS AND PLAT DEDICATION REQUIREMENTS AND
AMENDING APPENDIX E, MINIMUM PLANNING AND DEVELOPMENT FEES TO
INSTITUTE A MINOR SUBDIVISION AND PLAT REAPPROVAL FEE
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1201, Section 1201.02, subdivision 1 of the Mounds View Municipal Code by
adding the underlined material and deleting the stFiEken material as follows:
Subd. 1. Based upon authority provided in Minnesota Statutes Section 462.358;
every plat of land proposed within the City shall be
submitted to the City Council for review and comment before being filed, and no
plat of land shall be filed unless and until the same shall be approved by resolution
of the City Council. The term "plat of land" for the purpose of this Title shall be
deemed to include townhouse development, planned unit developments, and any
apartment building, common area or land coming within the purview of the
Minnesota Condominium Act.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1202, Section 1202.01, Subdivisions 3 (a), 5 (a), 8, 9, 10 and 14 of the Mounds
View Municipal Code by adding the underlined material and deleting the s#Fooken
material as follows:
Subd. 3. Submittal Of Preliminary Plat Copies:
a. Major Subdivisions. Before any official action shall be taken by the
Munioupality Ci r, the subdivider shall submit fifteen (15) copies of a preliminary plat
of the proposed subdivision to the City Administrator;
shall-be-S +tt he b divider+e the Ramsey County Plat Gemmissien The
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preliminary plat shall be in such form and contain such information as required in
Section 1202.03 of this Chapter.
Subd. 5. Review And Comment Submittals:
a. Preliminary plats of major subdivisions shall be provided by the City
Administrator for the purposes of review and comment to the Director of Public
Works/City Engineer, City Attorney, County Engineer, if plat abuts a County road,
and State Highway District having fifteen (15) days in which to submit their
comments regarding the proposed subdivision to the MuniGipality Ceti C. The City
3895660 SJS MU125-11 1
Administrator, Planning and Zoning Commission or Council may request the above
authorities to similarly review and comment on the preliminary subdivision plan of
any minor subdivision request whenever such review is deemed necessary to
properly evaluate the request.
Subd. 8. Planning and Zoning Commission Recommendation: Within SO)dy (60) days of
Upon receipt of the subdivision request and the City Administrator's report, the
Planning and Zoning Commission shall recommend to the Council approval or
disapproval of the subdivision. The Planning and Zoning Commission may
withhold action to so recommend until the comments of the Rice Creek Watershed
District have been received.
Subd. 9. Public Hearing: Preliminary plats of major subdivisions shall require a public
hearing. The Council shall conduct such hearing within at least thiFty (30) days 0
upon receipt of the Planning and Zoning Commission recommendation. The City
Administrator shall cause notice of said hearing to be published in the official
newspaper at least ten (10) days prior to the hearing and shall also cause a notice
to be mailed to each of the owners of property within three hundred and fifty feet
(350') of the property being platted, such notices to be mailed to the last known
address of such owners at least ten (10) days before the hearing.
Subd. 10. Council Approval or Disapproval: The Council shall approve or disapprove the
preliminary plat of a major subdivision or the surveyor's certificate of a minor
subdivision after receipt of the Planning and Zoning
Commission recommendation. The Council shall consider this recommendation
and any comments or objections brought forth during the public hearing or by the
IVIURiGipal City's consultants or other public agencies.
Subd. 14. Minor Subdivision Recording Requirements: If the surveyor's certificate of a
minor subdivision is approved by the Council, the subdivider shall, within s+)dY (60)
days six months, record a deed conforming to the terms of the Council's approval of
the subdivision with the County Register of Deeds or Registrar of Titles and, within
ten (10) days of recording, furnish the City with a reproducible copy of the deed
showing evidence of the recording; otherwise, the approval of the subdivision shall
be void, and the City Administrator shall so notify the County Registrar of Deeds or
Registrar of Titles. No building permit shall be issued for construction on a parcel
created by such minor subdivision until evidence of recording has been submitted.
In the event the deed is not recordable as approved or the subdivider fails to
record within the time prescribed herein. the Council may re-approve the minor
subdivision upon payment of the minor subdivision reapproval fee as specified in
Appendix E and the following terms and conditions: al that the subdivider proves
to the satisfaction of the Council that the delay was caused by conditions beyond
the control of the subdivider, and b) that the extension of time requested has or
will have no adverse effect on the City or property owners of the City, and c) that
the Council shall set the time limit of the extension requested but in no event
shall it exceed six months.
3895660 SJS MU125-11 2
SECTION 3. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1202, Section 1202.03, subdivision 4 of the Mounds View Municipal Code by
adding the underlined material and deleting the sere material as follows:
Subd. 4. Other Information:
a. Such other information or requirements as may be requested by the Planning
and Zoning Commission, Council or City staff that are deemed necessary to
preserve neighborhood aesthetics or to protect the health, safety and welfare of
neighboring landowners and the future residents of the subdivision.
b. Where the subdivider owns property adjacent to that which is being proposed
for the subdivision, the Planning and Zoning Commission may require that the
subdivider submit a preliminary plan of the remainder of the property to show the
possible relationships between the proposed subdivision and future subdivisions.
In any event, all subdivisions must be shown to relate well with existing or
potential adjacent subdivisions.
c. Submission of a title commitment or title opinion that establishes ownership of
the land that is satisfactory to the Citv.
SECTION 4. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1202, Section 1202.07, Subdivisions 1, 4 and 5 of the Mounds View Municipal
Code by adding the underlined material and deleting the s#FiGIEee material as follows:
Subd. 1. Filing of Final Plat: The owner or subdivider of a major subdivision shall file
twelve (12) printed copies,On addition to the neGe66aFY GG, i T°fir°may he
Ramsey County Plat , of the final plat not later than six (6) months
after the date of approval of the preliminary plat; otherwise, the preliminary plat
and final plat will be considered void unless an extension is requested, in writing,
by the subdivider and for good cause granted by the Council. The final plat shall
be in such form and contain such information as required in Section 1202.05 of
this Chapter.
Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within
one hundred t wenty (120) days six months, record it with the County Register of
Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the
City with a reproducible copy of the final plat showing evidence of the recording;
otherwise, the approval of the final plat shall be void, and the City Administrator
shall so notify the County Register of Deeds or Registrar of Titles.
3895660 SJS MU125-11 3
Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the
subdivider fails to record within the time prescribed herein, the Council may re-
approve the final plat upon payment of the plat reapproval fee as specified in
Appendix E and the following terms and conditions: a) that the subdivider proves
to the satisfaction of the Council that the delay was caused by conditions beyond
the control of the subdivider, and b) that the extension of time requested has or
will have no adverse effect on the City or property owners of the City, and c) that
the Council shall set the time limit of the extension requested but in no event
shall it exceed one hundred twenty (120) days six months.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1202, Section 1201.09 of the Mounds View Municipal Code by adding the
underlined material and deleting the stF*Gken material as follows:
1201.09--. 1202.09: COPIES OF PLATS: copies of all such plats of subdivisions, after
the same have been submitted and approved as provided in these regulations, shall be
filed and kept by the City Administrator among the records of Mounds View.
SECTION 6. The City Council of the City of Mounds View hereby amends Title 1200,
Chapter 1204, Section 1204.02 of the Mounds View Municipal Code by adding the
underlined material and deleting the StFiGken material as follows:
Subd. 1. Dedication Required:
a PuF6aant to Manneseta Statutes 462.358-, +In all subdivisions to be
developed for residential, commercial, industrial or other uses or as a planned
development which includes residential, commercial and industrial uses or any
combination thereof, a subdivider shall dedicate a reasonable portion of eas# the
buildable land of the proposed subdivision to the public or to be preserved for
public use as parks, recreational facilities, playgrounds, trails or public open
space, wetlands OF steFrn wateF holding areas or ponds oF, at the eption of the
M �ninipality sole dim on the s b diyid tFib ate
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equivalent att oust in Gash based en the f•'iF rnaik°+ value of the land. For
purposes of this Section. "buildable land” means the gross acreage of the
subdivision excluding designated wetlands and land set aside as open space in a
manner approved by the City.
b. The City may, at its option, require a cash contribution in lieu of dedication or
require a portion of the required dedication be in land and a cash contribution in lieu
for the balance thereof. Cash payments so received shall be placed in a special
fund and used only for the acquisition and development or improvement of land fe
parks, recreational facilities. playgrounds, trails, wetlands public open space a-PA
ston:A, water holding areas OF ponds, development ef existing paFk and playgF
cite, , hlin oven mane and Gtorm water holding areas or pen dC' redevelopment or
rehabilitation of existing facilities or sites and or debt retirement in connection with
3895660 SJS MU125-11 4
land previously acquired or improvements thereto previously constructed for such
public purpose. No funds shall be used for ongoing operation or maintenance of
existing parks or recreational facilities or sites. e Expenses 0 . I .. a Gity in
depe6ited an the PaFk and Playground Fund.
C. In considering the portion to be dedicated or preserved or the amount of the
cash contribution. Tthe MuniGipality Cam, At.-its _s�,e-a;ecFction, may take inte must
ive due consideration to the open space, park, recreational or common areas and
facilities open to the public which the subdivider has reserved for the subdivision;
except, that storm water holding areas or ponds, whether required by the
a+s+palityF CAy or any other regulatory body, niay will not be taken into
consideration.
Subd. 2. Determination of Dedication Procedure: Upon receipt of a qualifying
subdivision, the Council shall refer it to the Parks and Recreation Commission.
Said Commission shall report to the Council its dedication recommendation. Upon
receipt of the recommendation, the Council shall call for either a land dedication}er
a cash payment or a combination of the two, in size, location or amount, as it
determines. The Council may require a professional appraisal to determine market
value for purposes of a cash payment the cost of which shall be paid by the
subdivider.
Subd. 3. Credit for Existing Single-Family Dwelling: The subdivider of any parcel of land
shall receive a credit for an existing single-family dwelling unit by excluding the
acreage of the occupied parcel remaining after subdivision from the computation of
dwelling units per acre if the parcel of land is zoned for single-family residence and
has located thereon one single-family dwelling.
Subd. 4. Dedication Amount: A reasonable portion of the land of any proposed
subdivision or its equivalent in cash shall be dedicated by the subdivider for public
use. Up to ten percent (10%) of the buildable land of the proposed subdivision or
its equivalent in cash based on the fair market value shall constitute a reasonable
portion for dedication purposes under this section. The exact portion of land or its
equivalent amount in cash shall be established by the mun+e+pality City based on
the following factors:
• Type of the proposed subdivision land use: residential, industrial or
commercial;
• The need for open space generated by the proposed subdivision;
• Existence of land dedicated for public use within the proposed subdivision,
excluding areas reserved as storm water holding ponds;
• Fair market value of the land;
• Other relevant factors unique to a particular subdivision supporting the need
for dedication of lands for public use.
3895660 SJS MU125-11 5
If an equivalent amount in cash from the subdivider for part or the entire portion
required to be dedicated it to be paid by the subdivider, such amount is due no later
than at the time of final approval of the proposed subdivision.
Subd. 5. Dedication for Re-Subdivision. For any subdivision of a parcel on which a cash
dedication for parks has previously been made but on which an additional cash
dedication is required due to re-subdivision, the amount of cash dedication required
on the re-subdivided parcel(s) shall be based on the market value of the buildable
land at the time of re-subdivision and the factors set forth in subdivision 4 of this
Section less any applicable credit for the prior cash dedication.
Subd. 6. Right of Appeal: Pursuant to Minnesota Statutes, Sections 462.358 and 462.361
a subdivider may appeal the imposition of a dedication fee to the district court within
sixty (60) days of the approval of the subdivision application. The subdivider must
give written notice to the MURiGipality
C regarding a proposed fee dispute prior to
the final decision on the proposed subdivision. Upon receiving the notice, the
muniGipality City shall place the disputed fee amount in as escrow and shall
continue processing the subdivision application as if the fee had been paid. The
amity Cam[ w+il must not condition the approval of any proposed subdivision
on the subdivider's waiver of the right to challenge the dedication fee. If the
subdivider fails to appeal the dedication fee within sixty (60) days of the subdivision
approval, or if the subdivider does not prevail on the appeal, the funds paid into
escrow will be transferred to the municipal;t CW.
SECTION 7. The City Council of the City of Mounds View hereby amends Appendix E
of the Mounds View Municipal Code by adding a "Minor Subdivision Reapproval Fee"
and a "Plat Reapproval Fee" to the Minimum Planning and Development Fees, as
follows:
Minor Subdivision Reapproval Fee.............$50
Plat Reapproval Fee .............................. $100
SECTION 8. In accordance with Section 3.07 of the City Charter, City staff shall have
the following summary printed in the official City newspaper in lieu of the complete
ordinance:
On September 26, 2011, the City Council adopted Ordinance 860 that amends
Chapters 1201, 1202 and 1204 of the Mounds View City Code to extend the
amount of time, from 120 days to six months, within which a plat or a minor
subdivision deed must be recorded with Ramsey County. A minor subdivision
reapproval fee of $50 and a plat reapproval fee of $100 were added to Appendix
E of the City Code to cover the costs of processing plat and minor subdivision
reapproval requests. The requirement that a plat must be submitted to the
Ramsey County Plat Commission has been removed from Chapter 1202. A
provision was added to Chapter 1202 that requires a preliminary plat applicant to
3895660 SJS MU125-11 6
submit a title commitment or title opinion that establishes ownership of the
property. The deadlines for approval of a preliminary plat were changed in
Section 1202.01 to reflect statutory requirements. Dedication requirements in
Section 1204.02 were amended so that they reflect the recent statutory changes.
A printed copy of the ordinance is available for inspection during regular
business hours at Mounds View City Hall and is available on line at the
City's web site located at www.ci.mounds-view.mn.us.
SECTION 9. This ordinance shall take effect and be in force 30 days from and after its
passage and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on September 12, 2011.
Second Reading and Adoption by the Mounds View City Council on September 26, 2011.
Publication Date: October 6, 2011.
Joe" Flaherty;~
Attest:
J �,� � �
James Ericson
City Administrator
(seal)
3895660 SJS MU125-11 7