HomeMy WebLinkAboutOrdinance 972ORDINANCE NO. 972
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1200, CHAPTERS 1201, 1202,1203, AND 1205 OF
THE MOUNDS VIEW CITY CODE RELATING TO LAND SUBDIVISIONS
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1201, Section 1201.03 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the stern material as follows:
Subd. 4. FINAL PLAT: The final map, drawing or chart on which the subdivider's plan of
subdivision is presented to the Council for approval and which, if approved, will be
submitted to the County Register- of eeds or Registfar of T Ramsey_ County_
Recorder's Office or the Ramsey County Examiner of Titles.
tbd. 8. MAjOR SUBWISION: A subdivision of a peel of par -cels -of propet4y in h, k
fnefe than one additional pareel or lot is efeated of m4ieh is two (2) aer-es of largef in si--.
Sttbd. 11. MINOR SUBDIVISION: Tsubdivision of a -par -Eel of par -eels of propet4y less than
two () is11ienomoret11oneadditionalpar -eel lot 4 ,7
Subd. 17. PRELIMINARY PLAT: The preliminary map, drawing or chart indicating the
proposed layout of a major subdivision to be submitted to the Council for its consideration.
Subd. 22. SUBDIVISION: The division of a parcel(s) of land into two (2) or more lots or parcels.
The term includes re -subdivision and, when appropriate to the context, shall relate to the
process of subdividing or to the land subdivided. Any change in property lines ,,e
necessitates City approval before deeds 1, filed t the Register- f' Deeds #` rr .0 d a`
constitutes a subdivision.
Subd. XX. OUTLOT° Any parcel of land designated as an outlot on any plat in the City. Outlots
are used to designate land that is part of the subdivision but is to be final platted into lots
and blocks at a later date or land that is to be used for a specific purpose as designated in
a development agreement or other agreement between the City and the subdivider. Private
structures are not permitted to be built on outlots
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1201, Section 1201.04 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the smoke material as follows:
1201.04: ENFORCEMENT OF PROVISIONS: Unless approved as provided herein, no
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subdivision shall be entitled to recond in the vvuiia ^ ty Register of Deeds ff be recorded with
Ramsey County or have validity. The Municipality shall not issue building permits for any
structure on a lot in any unrecorded subdivision.
SECTION 3. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1202, Section 1202.01 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the str"en material as follows:
1202.01: PRELIMINARY SUBDIVISION PLAN APPLICATION:
Subd. 1. Platting Requirements: Full platting shall be required for all major subdivision
requests. Minef „bdi ; qsts shall require aleast -a sureLeyer s eeAifieate--for
approval. -Howe •cvcr UHe- th c94,11 elle I it deems appropriate, may require full plattin
for minef subdivisions.
Subd. 2. Application:
a. The subdivider shall make application to the City Administrator for a subdivision and
pay the fees established herein. Prior to submitting a preliminary plat, A a sketch plan may
be submitted by the subdivider for review by the Director of Public Works/City Engineer,
Planning and Zoning Commission and others. The purpose of reviewing such sketch plans
shall be to unofficially advise the subdivider of the extent to which the proposed
subdivision conforms to this Chapter. Such unofficial advice shall not constitute a waiver
of rights or any statutory or ordinance requirement. The sketch plan, in order to be most
useful, shall include the following information:
1) Location and legal description.
2) Name and address of owner, subdivider or any other party of interest.
3) Whether land is registered or abstract property.
4) Date, north point and scale.
5) Streets within and adjacent to parcel(s).
6) Property dimensions existing and proposed.
7) Location of physical features and any structures.
S) Any additional information requested by the planning department or City staff
deemed necessary to preserve neighborhood aesthetics or protect the health, safety
and welfare of neighboring landowners and the future residents within the
subdivision.
b. At the time of application, the owner or subdivider shall indicate the proposed use of
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the property to be subdivided and if such proposed use requires it, shall file a proper petitio
application for rezoning such property in accordance with Title 1100 of this Code. No
subdivision shall be approved unless and until the said property has been rezoned in
accordance with the proposed use thereof When filing a subdivision application, the
subdivider shall submit an abstraet of title, registered propefty f * a title commitment or
title opinion that establishes ownership of the land or stippo -ting affidavits ^r other
documents that meets the City's satisfaction and showi*g the parties of interest in the
property to be subdivided.
C. The application must include all contiguous land owned by the subdivider or owner,
unless the application is a replat of property that has been previously platted. If only a
portion of the property to be subdivided is planned to be presently developed, the remainder
of the land may be platted as an outlot. The subdivider or owner must submit a schematic
demonstrating how the property that is not currently planned for development could be
developed consistent with the City's regulations.
Subd. 3. Submittal of Preliminary Plat Copies:
a. Major -Subdivisions: —Before any official action shall be taken by the City, the
subdivider shall submit fifteen (15) copies of a preliminary plat of the proposed subdivision
to the City Administrator. The preliminary plat shall be in such form and contain such
information as required in state law or in Section 1202.03 of this Chapter.
Subd. 4-5. Review and Comment Submittals:
a. Preliminary plats of major subdivisions shall, be ovidea by the G44, ^ a,Y inistfatof
for the purposes of review and comment, be provided to the Director of Public Works/City
Engineer, City Attorney, and, if required by Minnesota Statutes Chapter 505, to the county
engineer and the Minnesota Department of Transportation. The county enizineer and the
Minnesota Department of Transportation shall be afforded thirty (30) days to provide
comments. , if piat. a Uts a Gotfflty road, and State Highway Dist
al fifteena'Tmwittt`k tosub their- comments regarding the roposed
vision to the City. The City Administratof, ' ZCommission9
P
preliminary sub-dtvisi0n. plan of any minor- subdi st whenever- sueh review +'S
deemed 11L<
LJJn "
to 1 4 the 4
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MMMA
Subd. 4-5. Review and Comment Submittals:
a. Preliminary plats of major subdivisions shall, be ovidea by the G44, ^ a,Y inistfatof
for the purposes of review and comment, be provided to the Director of Public Works/City
Engineer, City Attorney, and, if required by Minnesota Statutes Chapter 505, to the county
engineer and the Minnesota Department of Transportation. The county enizineer and the
Minnesota Department of Transportation shall be afforded thirty (30) days to provide
comments. , if piat. a Uts a Gotfflty road, and State Highway Dist
al fifteena'Tmwittt`k to sub their- comments regarding the roposed
vision to the City. The City Administratof, ' ZCommission9
P
preliminary sub-dtvisi0n. plan of any minor- subdi st whenever- sueh review +'S
deemed 11L<
LJJn "
to 1 4 the 4
630665v2MU210-54 3
b. Preliminary plats of major subdivisions; which conform to the Munieipal Sto
Water ge Local Water Management Plan}, shall be submitted to the Rice Creek
Watershed District for its review and comment, if required. Preliminary plats which do
not so conform shall be revised by the subdivider according to the stipulations of the
Planning and Zoning Commission and Director of Public Works/City Engineer prior to
submission to the Rice Creek Watershed District.
Subd. 56. Report of Effect: After comments have been received from the authorities indicated
in subdivision 5a above or thirty (30) days has passed since requesting such comments, a
report shall be prepared by the C:*<, ^ a., mist, to Community Development staff and
submitted to the Planning and Zoning Commission with copies of the preliminary plat or
surveyor's certificate,A,ithin thirty (30) days following ^ f filing.The reportLthirtyJV
will address how the proposed subdivision will affect traffic, utilities, drainage, community
facilities, public safety, neighboring land uses, natural features, open spaces, the
Comprehensive Plan and any other matters concerning public health, safety and welfare.
Subd. 6-7. Agenda: The Planning and Zoning Commission shall have the subdivision request
on its agenda at its next regular meeting following receipt of the City Administrator's
report. The subdivider or a representative shall be present at this meeting.
Subd. 78. Planning and Zoning Commission Recommendation: Upon receipt of the
subdivision request and the City "dministfator's staff 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. 89. Public Hearing: Preliminary plats of major subdivisions shall require a public
hearing. The Council shall conduct such hearing 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 -4-+a4
also eause a notice to be mailed to eaeh of the owners of property within three hundred
fifty feet (350') of the property being platted, stteh notiees to be mailed to the last know
address of su .i. owners at least to (m) a before t 1,
y L at aaeua aazg.
Subd. 94-0. Council Approval or Disapproval: The Council shall, within 120 days of receipt of
a completed application approve or disapprove the preliminary plat of a mawsubdivision
or the rt fiea e „f„ r subdivision after oras
regardless of whether
it received a Planning and Zoning Commission recommendation. The Council shall
consider this such recommendation and any comments or objections brought forth during
the public hearing or by the City's consultants or other public agencies.
Subd. 1044. Denial of Preliminary Plat: If the Council does not approve the preliminary plat or
surveyor's certificate, the reasons for such action shall be recorded in the proceedings and
See. Chapter 1302 of this Code.
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transmitted to the applicant subdivider.
Subd. 114-2. Amendments to Preliminary Plat: If the subdivider wishes to amend the preliminary
plat of a major -subdivision as approved or disapproved by the Council, the subdivider may
submit an amended plat which shall follow the same procedures, except the public hearing
unless the amendment is, in the opinion of the Council, of such scope as to constitute a
substantial change in the plat.
Subd. 124. Approval of Preliminary Plat: If the preliminary plat of a major subdivision is
approved by the Council, the subdivider may begin preparation of the final plat.
Preliminary approval does not constitute waiver by the Council of any statutory, ordinance
or other rights.
SECTION 4. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1202, Section 1202.04 of the Mounds View Municipal Code by deleting the strieke material as
follows:
1202.04: CONDITIONS OF PRELIMINARY PLAT APPROVAL:
Subd. 1. Revisions: The Planning and Zoning Commission and Council may require such
revisions as they deem necessary for the health, safety, general welfare and convenience
of the Municipality.
Subd. 2. Tentative Approval: The approval of a preliminary plat of a major subdivision by
the Council is tentative only, involving merely the general acceptability of the layout as
submitted. The Council shall not permit the installation of any public improvements in the
proposed plat unless the preliminary plat is approved. Preliminary plat approval is
conditioned upon compliance with all requirements deemed necessary to preserve
neighborhood aesthetics or protect the health, safety and welfare of neighboring
630665v2MU210-54 5
SECTION 4. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1202, Section 1202.04 of the Mounds View Municipal Code by deleting the strieke material as
follows:
1202.04: CONDITIONS OF PRELIMINARY PLAT APPROVAL:
Subd. 1. Revisions: The Planning and Zoning Commission and Council may require such
revisions as they deem necessary for the health, safety, general welfare and convenience
of the Municipality.
Subd. 2. Tentative Approval: The approval of a preliminary plat of a major subdivision by
the Council is tentative only, involving merely the general acceptability of the layout as
submitted. The Council shall not permit the installation of any public improvements in the
proposed plat unless the preliminary plat is approved. Preliminary plat approval is
conditioned upon compliance with all requirements deemed necessary to preserve
neighborhood aesthetics or protect the health, safety and welfare of neighboring
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landowners and the future residents within the subdivision.
Subd. 3. Subsequent Approval:
a. Subsequent approval will be required of the engineering proposals pertaining to water
supply, storm drainage, sewerage disposal and other utilities.
b. Subsequent approval of the preliminary plat will be required by other public officials
having Jurisdiction prior to the approval of the final plat by the Municipality.
Subd. 4. Flooding or Poor Drainage Facilities: No plan will be approved for a
subdivision which covers an area subject to periodic flooding or which contains extremely
poor drainage facilities and which would make adequate drainage of the streets and lots
impossible unless the subdivider agrees to make improvements which will, in the opinion
of the Council, make the area completely safe for occupancy and provide adequate street
and lot drainage.
Subd. 5. Partial Subdivisions: Where an owner or subdivider proposes to subdivide only a
portion of owner's or subdivider's property, the Council may require the owner or
subdivider to submit a preliminary plan indicating the proposal for subdividing the balance
of the property so as to have proper relationship of streets and lot orientations with the
portion to be subdivided and adjacent properties.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1202, Section 1202.07 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the str-ieke material as follows:
1202.07: FINAL PLAT APPROVAL PROCEDURE:
Subd. 1. Filing of Final Plat: The owner or subdivider of a major -subdivision shall file twelve
12) printed copies 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 state law and in Section 1202.05 of this Chapter.
Subd. 2. Conformance to Preliminary Plat:
a. The final plat shall conform to the preliminary plat, as approved, including anv
conditions thereof. The Council may allow the subdivider to submit a final plat which
includes only a portion of the approved preliminary plat.
b. T4+e--City Administrator staff shall examine the final plat to determine whether it
conforms to the preliminary plat, as approved, including, but not limited to, compliance
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with all requirements deemed necessary to preserve neighborhood aesthetics or to protect
the health, safety and welfare of neighboring landowners and the future residents within
the subdivision.
C. City staff shall determine whether the final plat, as submitted, conforms with the
terms of the Council approval of the preliminary plat, including, but not limited to
compliance with all requirements deemed necessary to preserve neighborhood aesthetics
and to protect the public health, safety and welfare of neighboring landowners and future
residents within the subdivision and shall report its findings to the Councilifhe
plat,Administ-Fater- determines that the final as submitted,
plat,
does not Wnfefffl with the tOFM
of the Cotmeil appi:oval of the pr-elifninary 9 but not limited 7
eomplianethe9safetyandNvelfmeofneil—oring landowners and the futufe residents wit
the subdivision, the Gi4., A d i+CTY4air1 hC11l so mpeA CC7the Planning and Zonin
COMMissio The 11211_pn_'mg and Zoning Commission shall r-eeommend to the Council
appg-o aor- dis a of the final ( days of ree f t1, Gig
1V
Administrator's repo If City staff, in its sole discretion, determines that a final plat
contains significant deviations from what was contemplated during preliminary review and
approval, it may refer a final plat to the Planning and Zoning Commission for review and
recommendation, which shall be forwarded to the Council together with the
recommendation from City staff.
Subd. 3. Approval or Disapproval: Upon receipt of the City A a...,inistrat^,.'s ,.oporor- th
Planning and Zoning (",.m issio~ recommendation from staff and. if applicable, the
Planning and Zoning Commission, the Council may approve or disapprove the final plat
and authorize that it be signed by the Mayor and the City Administrator, provided that all
other requirements are met.
Subd. 4. Plat Opinion; Title Insurance: The final plat shall adhere to all reauirements of the
City Attorney, including all requirements contained in the City Attorney's plat opinion
which shall be a prerequisite of the City's execution of the final plat. The subdivider shall
also have issued, at its sole expense, a title insurance policy in the name of the City of
Mounds View in an amount acceptable to the City so as to insure for the dedications made
on the final plat.
Subd. 45. Recording of Final Plat: If the final plat is approved, the subdivider shall, within six
months record it with the County Reg1ste1 a -f- Deeds -^r-Regi3tryr-if Titles Ramsey County
Recorder's Office or the Ramsey County Examiner 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 egist€rfDcedsor Registrar of Titles Ramsey
County Recorder's Office or the Ramsey County Examiner of Titles.
Subd. -56. 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
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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 six months.
SECTION 6. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1202, Section 1202.08 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the stricken material as follows:
1202.08: REGISTERED LAND SURVEYS; CONVEYANCE BY METES AND
BOUNDS: All registered land surveys shall be filed subject to the same procedure as required for
the filing of a preliminary plat for platting purposes. The standards and requirements set forth in
this Title shall apply to all registered land surveys. Unless the Council shall approve the registered
land survey in accordance with this Title, building permits of the tracts shall be withheld, tracts set
aside for street purpose shall not be accepted and no public money shall be spent toward installing
utilities or improvements. No registered land survey shall receive final approval without the
deeding of streets to the City in a recordable form. No conveyance by metes and bounds shall be
permitted, except where mandated by specific provisions of Minnesota Statutes Annotated
where allowedoa uundo bdi lures he state law. u
SECTION 7. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1203, Section 1203.09 of the Mounds View Municipal Code by deleting the strieke material as
follows:
1203.09: MONUMENTS: Monuments of a permanent character shall be placed in locations
on the boundary of any major-subdivisionand within it as required to permanently define all
property lines and street rights of way.
SECTION 8. The City Council of the City of Mounds View hereby amends Title 1200, Chapter
1205, Section 1205.02 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the stricken material as follows:
1205.02: VARIANCES: The Council may grant a variance of these subdivision regulations
in any particular case where the subdivider can show that by reason of unique eireumstanees
relating to a s f let-, the strict compliance with these regulations imposes unustial hardship
practical difficulties to the subdivider in the use of his or her land. Unusual hardship Practical
difficulties includes, but is are not limited to, inadequate access to direct sunlight for solar energy
systems. A variance may be granted only if the Council finds that all of the following
circumstances exist:
Subd. 1. The variance is in harmony with the general purposes and intent of these regulations.
Subd. 2. The variance is consistent with the Comprehensive Plan.
Subd. 3. The subdivider proposes to use the property in a reasonable manner not permitted by
630665v2MU210-54 8
these regulations or the City Zoning Ordinance.
Subd. 4. Unique circumstances apply to the property which do not apply generally to other
properties in the same zone or vicinity and result from lot size or shape, topography or
other circumstances over which the owner of the property since the enactment of these
regulations has had no control. That the unique circumstances do not result from the
actions of the applicant.
Subd. 5. The variance does not alter the essential character of the neighborhood.
Subd. 6. That the variance requested is the minimum variance which would alleviate the
unusual hardship practical difficulties. Economic conditions alone do not constitute
unusual hardship practical difficulties.
Subd. 7. The Council may impose such conditions upon the premises benefited by the
variance, as may be necessary to comply with the standards established by this section or
to reduce or minimize the effect of such variance upon other properties in the
neighborhood, and to better carry out the intent of the variance. The condition must be
directly related to and must bear a rough proportionality to the impact created by the
vanance.
SECTION 9. 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 February 10, 2020, the City Council adopted Ordinance 972, entitled "An
Ordinance Amending Title 1200, Chapters 1201, 1202, 1203, and 1205 of the Mounds
View City Code Relating to Land Subdivisions." The purpose of the amendment was to
update certain subdivision requirement to provide for clarification, remove outdated
and unnecessary code language, and update the code to conform to current City practices
and state law, as necessary. The amendment also removes the mailed notice
requirement for the public hearing required for preliminary plat applications, and further
eliminates the requirement that the Planning and Zoning Commission review and make
recommendations on all final plat applications. The amendment also eliminates the
platting exception for minor subdivisions and requires platting in the case of any
subdivision or lot line rearrangement. Finally, the amendment requires platting applicants
to adhere to all requirements of the city attorney's plat opinion and have issued a title
insurance policy in the name of the city prior to final plat approval.
A printed copy of the ordinance is available for inspection during regular business hours at
Mounds View City Hall and is available online at the City's website located at
www .moundsviewmn.org.
SECTION 10. 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 January 13, 2020.
630665v2MU2 I0-54 9
Second Reading and Adoption by the Mounds View City Council on February 10, 2020.
Publication Date: February 18, 2020.
Attest:
SEAL
630665v2MU210-54
10
f a bliel
Carol A. Mueller, Ma or
Nyleikm
City Administrator