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HomeMy WebLinkAbout1113-20 O972 Amending Title 1200MOUNDS VIEW PLANNING COMMISSION RESOLUTION 1113-20 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION RECOMMENDING APOPROVAL OF ORDINANCE 972 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 sten 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 —Rams_ev County R tremor the Ramsey County Examiner of Titles. Subd. 17. PRELIMINARY PLAT: The preliminary map, drawing or chart indicating the proposed layout of a ma* 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 -. neeessitates Gity appmval befem new deeds can be filed at the Register- ef Deeds e constitutes a subdivision. Subd. XX. OUTLOT: Any parcel of land designated as an outlot on any plat in the City. Outlots are used to d-esignate_land that is Hart of the subdivision but is to he final Platted into lots and blocks at a later date d that is to be used for aspecific purnose as deli in development agreement the subdivider. Priv structures are not permitted to be built on outlo% 630665v2MU210-54 Res 1113-20 Page 2 of 10 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 str-iekei3 material as follows: 1201.04: ENFORCEMENT OF PROVISIONS: Unless approved as provided herein, no subdivision shall be entitled to 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 dou lie -underlined material and deleting the stet} material as follows: 1202.01: PRELIMINARY SUBDIVISION PLAN APPLICATION: Subd. 1. Platting Requirements: Full platting shall be required for all major subdivision requests. approval. However-, the Couneil, wheaeyeF it deems appFopfWe, may requim full plaRi-rtg fer- minor- subdivisions. Subd. 2. Application: a. The subdivider shall make application to the City Administrator for a subdivision and pay the fees established herein. Pxiarfo. submitting a Preliminary talat. 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. (8) Any additional information requested by the planning department or City staff 630665v2MU210-54 Res 1113-20 Page 3 of 10 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 the property to be subdivided and if such proposed use requires it, shall file a proper petitio is ti 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 abstr-ae4£title, �registered - peFt r mpek a title commitment or title opinion thgatestaiblishes ownership f the or I � ��� ,ffidewitR e other documents that meets h satisfaction and showi-ng 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 requiredin state law or in Section 1202.03 of this Chapter. Subd. 45. Review and Comment Submittals: a. Preliminary plats of major- subdivisions shall3 �,:a�a �- • *�� �"� "a-- �+ for the purposes of review and comment, be provided to the Director of Public Works/City Engineer, City Attorney, and,., ifjr&Wred by Minnesota Statutes Chal7ter_ 505. to the county engineer and the Minnesota Department of Tmn-sportation. The omnly enginmhe Minnesota Department of TrarisportatiQn sball bcLaffbided thigya v' comments. Gounty RAgimer-,-if plat abuts G.., n. y read, d vSWe Highway n:..+.:.a 630665v2MU210-54 Res 1113-20 Page 4 of 10 b. Preliminary plats of subdivisions; which conform to the Municipal Stoi:Fn Water- Dr-ainW Local Water Management Plan, shall be submitted to the Rice Creek Watershed District for its review and comment it . 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 r tbjIty130) days has passed since reauesting such comments, a report shall be prepared by the Cit ''dminis r� CQmtn m__ tI _Development staff and submitted to the Planning and Zoning Commission with copies of the preliminary plat or surveyor's certificate within thit4y (30) days fellewing aceeptanee for- fili The report 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. 79. Planning and Zoning Commission Recommendation: Upon receipt of the subdivision request and the Gky "-'ministratef'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. 81. 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 shall also cause a notice to be mailed to each of the owners of property within three hundred 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. 94-9. Council Approval or Disapproval: The Council shall,,witliin 120 days of receipt of a m ed amAjotion approve or disapprove the preliminary plat of a n*or-subdivision the .,u yeas cerci fle ke o f mine -r- subdivisieii after- _,.eeip, of ih regiad_l_essof whether it received a Planning and Zoning Commission recommendation. The Council shall 630665v2MU210-54 Res 1113-20 Page 5 of 10 consider thi-s 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 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. 124-3. 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 subdivision by 630665v2MU210-54 ■ 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 subdivision by 630665v2MU210-54 Res 1113-20 Page 6 of 10 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 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, sewage 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 m' 1or- in i 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 stet} material as follows: 1202.07: FINAL PLAT APPROVAL PROCEDURE: Subd. 1. Filing of Final Plat: The owner or subdivider of a n*oF-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 any 'See ChapWrs 1010, 1301 W4-302-4 Cede kw dminage and flood eenwal fegWa4iens. 630665v2MU210-54 Res 1113-20 Page 7 of 10 conditions thereof. The Council may allow the subdivider to submit a final plat which includes only a portion of the approved preliminary plat. b. TYiCCity staff shall examine the final plat to determine whether it conforms to the preliminary plat, as approved, including, but not limited to, compliance 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 whedm the final-plat,submitted, ofrm wi the terms of thp, Council appLoyal of the preliminary plat -in-eluding, not limited to. compliance wi h all reirem n n t r _but n i rh and to Mtect the public health. of e of neighboring landownmand future residents within the, subdivision.I r_ its findin s to the Councilif�t of the Council apffeva4 ef with all requirements deemed the health, safety and welfare the subdivisien, the City Commission. The Plaming appfeval or- disappr-eyal A -f- AdministpMer-'s mpoi4. If contains significantdeviatbons the preliminary neeessary of neighber-ing Adininistra4ar- and Zoning Oh -e- final Citystaff, from what plat, to preserve sha4l Commission plat within in it5 was ine4ading, but neighbefheod lefldowners and so npai4 te shall thirty (30) sQla-dis-creti-on,-&termines cnntemplat during net limited to, WMp! aesgieties or- te pretee the future residents withi the Planning and Zoning neemmend to the Got days of r-eeoipt of the Gi-ty thatfinal lot px—d' nary review and it may referfinal plate Planning .fid d Loning Commissionr review and mommendation. which shall be forwarded to the Council toggher wi h the recommendation from City staff. Subd. 3. Approval or Disapproval: Upon receipt of the ' Planning and Zoning GemEnissien recommendation from staff and, if annlicabl% the Planning i i i n, 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 othcr requirements are rnet. Subd. 4. Pi Title Insurance: final ll adhere to all r Cquirementsf the City Attorney_; ' tiding all requirements contained in the City Attorney's nlat opinion. which shall be a prerequisiteof the City's execution of the final plat. The subdivider shall also have issued, at its s!21e mense, a title.insurance oli in the name of the City -of Mounds View in an amountaccotableAo the City so as to insure f r the de is ti n Qn the final nlat. Subd. 45. Recording of Final Plat: If the final plat is approved, the subdivider shall, within six months, record it with the R—m-sey 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 Ramsey 630665v2MU210-54 Res 1113-20 Page 8 of 10 County Recorder's Off cc 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 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 stet} 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 Annowed e state law. 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 stei3 material as follows: 1203.09: MONUMENTS: Monuments of a permanent character shall be placed in locations on the boundary of any subdivision and 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 stet} 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 anique eir-eumstances the strict compliance with these regulations imposes _practical difficulties to the subdivider in the use of his or her land. r i difficulties includes, but i -s 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: 630665v2MU210-54 Res 1113-20 Page 9 of 10 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 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 ha practical difficulties. Economic conditions alone do not constitute anurual ha 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 variance. 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 , 2020, the City Council adopted Ordinance 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 w ww. moundsv i ewm n. ori. 630665v2MU210-54 Res 1113-20 Page 10 of 30 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. Second Reading and Adoption by the Mounds View City Council on February 10, 2020. Publication Date: February 18, 2020. BE IT FINALLY RESOLVED, that the Planning and Zoning Commission directs Staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 15'' day of January, 2020. Attest: (SEAL) 630665v2MU210-54 — A jt� - �7-- - Gary Stevedson, Chair Director