Loading...
HomeMy WebLinkAbout1999.04.29 ORD 1999-332ORDINANCE 1999-332 AN ORDINANCE AMENDING CHAPTER 290 OF THE HUGO CITY CODE ENTITLED "SUBDIVISION" BY ALLOWING FOR PHASED DEVELOPMENT OF MAJOR SUBDIVISION The City Council of the City of Hugo does hereby amend Chapter 290 of the City Code by repealing the existing 290-6, Subd. I, entitled "Staged Development" in its entirety and replacing it with the following: Subd. I. Phased Development of Major Subdivisions. Phased development of major subdivisions may be allowed, without the necessity of obtaining preliminary plat approval independently for successive phases, at the discretion of the City, but subject to the procedures and conditions outlined herein. (1) Election. A written development agreement between the Developer and the City must describe the phasing plan for a development. In the development agreement, an election shall be made by the Developer. The Developer shall choose either to delegate to the City the sole authority to determine if the provisions of this section have been complied with, or the Developer shall choose not to use this section and shall proceed anew with any future phases within the development. (2) Time Limit. Should the Developer choose to avoid beginning anew, the original development agreement shall specify the maximum time allowed for the submission to the City of an application for final plat approval of subsequent phases within a development. In no case will a Developer be allowed more than twenty-four (24) months to elapse between the date of preliminary plat approval, on the original phase, and the date on which application is made for final plat approval of any other phase within the development. (3) Review by City. Proposed final plats for each successive phase of an approved original plat shall be reviewed by the City for compliance with the approved original preliminary plat and development agreement. If the submitted plat for a successive phase is in substantial compliance with the original approved preliminary plat and development agreement, it shall then be provided to the City Council for review for final plat approval. The decision as to whether a successive phase is in "substantial compliance" shall be made solely by the City (according to the election made by the Developer). Any challenge of this decision, beyond the City Council or Board of Adjustments and Appeals, shall operate an election by the Developer to begin the plat approval process anew. (4) Rejection of Phases. If the City determines that an application for plat approval of subsequent phases is not substantially in compliance with the approved original preliminary plat or development agreement, the Zoning Administrator shall reject the application. The applicant may then submit an application for a major subdivision preliminary plat approval in conformance with the standards found for preliminary plat approval within this Ordinance. Applications for amended preliminary plat approval shall be subject to a public hearing requirement before the Planning Commission and administered in all other ways the same as applications for original preliminary plat approvals. (5) Development Agreements. A new development agreement, for each successive phase of a plat, may be required at the discretion of the City. (6) Change in Laws. Regulatory changes affecting the use or development of land which occur between the time of the original preliminary plat approval and the application for final plan approval of subsequent phases shall apply to the subsequent phases unless specifically addressed within the original development agreement. The regulatory changes may be addressed within the subsequent phases through the use of a development agreement without triggering a need for beginning the major subdivision process anew. (7) Effective Date. This ordinance shall become effective from and after its adoption and publication. Upon roll call, members voting AYE: Barnes, Haas, Leroux, Petryk, Stoltzman Voting NAY: NONE Where upon said ordinance was declared passed and adopted this 19th day of April, 1999. Wally goFt man, 4 • ATTEST: 44-11, ( L&z-e� Mary reager, City Clerk Published in the White Bear Press on April 28, 1999. c:word:ordphase PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO The,Hugo City Council will hold a public hearing on Monday, April 19, 1999 at 7:10 pm, to consider adoption of an ordinance amending Chapter 290, entitled SUBDIVISION, by allow- ing phased development of major subdivisions without the necessity of obtaining preliminary plat approval independently for successive phases. A full and complete copy of the pro- posed ordinance is available at City Hall for review. Any comments regarding this amend- ment will be received at this time. Mary Ann Creager, City Clerk Published in the White Bear Press April 7, 1999. A AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) County of Ramsey ) § I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The Printed CITY OF HUGO PUBLIC HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for successive weeks; it was first published on WEDNESDAY , the 7 day of APRTT, , 19-9a, and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz BY: fa,� /\J TITLE: Publisher Subscribed and sworn to before me on this 7 day of APR.TL ,19 990 POP 1111 P _ <IAA'i`RICE SCH� AFM NOTARY PUBLIC MINNESOTA N My commission expires Januaa 31. 2000. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. (Line, word, or inch rate) $ (Line, word, or inch rate) 6.00/INCH (Line, word, or inch rate) PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION CITY OF HUGO STATE OF MINNESOTA) § ORDINANCE 1999-332 AMENDING CHAPTER 290 County of Ramsey ) AN ORDINANCE OF THE HUGO CITY CODE ENTITLED "SUBDIVISION" BY ALLOWING FOR PHASED DEVELOPMENT OF MAJOR I, the publisher, or the publisher's designated agent, being duly sworn, SUBDIVISIONS The City Council of the City of Hugo does on oath state that I am the publisher, or the publisher's designated hereby amend Chapter 290 of he Citi Code byt repealing the existing 21110-6, Subd.tied agent and an employee of the newspaper known as The White Bear "Staged Development" in its entirety, and replacing it with the following Press, and that I have full knowledge of the facts which are stated Subd. I. Phased Development of Maior Subdivisions. Phased development of major subdivisions below: may be allowed, without the necessity of (A) The newspaper has complied with all of the requirements constitut- obtaining preliminary plat approval indepen- dently for successive phases, at the discretion but to the procedures and ing qualification as a ualificatilifiednewspaper,provided b Minnesota qualified as y of the City, subject conditions outlined herein. Statute 331A.02, 331A.07, and other applicable laws, as amended. (1) Election. A written development agree- ment between the Developer and the City must (B) The Printed CITY OF HUGO describe the phasing plan for a development. an election OR7PTNANOR 1999-332 In the development agreement, shall be made by the Developer. The Developer shall choose either to delegate to the City the determine if the provisions of which is attached was cut from the columns of said newspaper, and sole authority to this section have been complied with, or the was printed and published once each week, for 1 successive weeks; Developer shall choose not to use this section and shall proceed anew with any future phases WEDNESDAY it was first published on —'the 28 day of within the development. (2) Time Limit. Should the Developer APRIL 1999, and was thereafter printed and published on choose to avoid beginning anew, the original development agreement shall specify the maxi- , every to and including mum time allowed for the submission to the :y of an application for final plat approval of the day of 19 ; and printed below is a bsequent phases within a development. In no case will a Developer be allowed more than copy of the lower case alphabet from A t0 Z, both inclusive, which IS twenty-four (24) months to elapse between the the date of preliminary plat approval, on onorigi- hereby acknowledged as being the size and kind of type used in the nal phase, and the date on which I cat made for final plat approval of any other phase composition and publication of the notice: within the development. (3) Review by City. Proposed final plats for each successive phase of an approved original the City for pat abedefghijklmnopgBtuvwxyz arycompli- plat shall be reviewed by ance with the approved original preliminary plat ance BY: and development agreement. If the submitted is in substantial plat for a successive phase compliance with the original approved prelimi- TITLE: Publisher nary plat and development agreement, it shall then be provided to the City Council for review for final plat approval. The decision as to is in "substantial Subscribed and sworn to before me on whether a successive phase compliance" shall be made solely by the City this-2.$_day of APRTT. ,19 (according to the election made by the Developer). Any challenge of this decision, Board of MATRICE SCHAFRS beyond the City pouncil or Adjustments and App eals, shall operate an NOTARYPUBLIC- MINNESOTA election by the Developer to begin the plat MY Commission Expires Jan. 31, 2000 approval process anew. (4) Resection of Phases. If the City deter- Notary u iC, am ,'i6�Ttlit' mines that an application for plat approval of subsequent phases is not substantially in com- original preliminary My commission expires January 31. 2000. pliance with the approved plator development agreement, the Zoning ___________________________________________________________________ Administrator shall reject the application. The submit an application for a RATE INFORMATION applicant may then major subdivision preliminary plat approval in conformance with the standards found for pre- within this Ordinance. (1) Lowest Classified rate paid by liminary plat approval Applications for amended preliminary plat commercial users for comparable $ approval shall be subject to a public hearing requirement before the Planning Commission space. (Line, word, or inch rate) and administered in all other ways the same as for original preliminary plat $ applications (2) Maximum rate allowed by law for approvals. (5) Developm�Aoreements. A new deyel- the above matter. (Line, word, or inch rate) opment agreement, for each successive phase be at the discretion of of a plat, may required the City. (3) Rate actuall char ed for the $ 6.00/INCH y g (6) Qhana� eh_ � ---Laws. Regulatory changes development of land which above matter. (Line, word, or inch rate) affecting the use or occur between the time of the oration friginal or plat approval and the app' of subsequent phases shall apply plan approval to the subsequent phases unless specifically addressed within the original development changes may be agreement. The regulatory addressed within the subsequent phases through the use of a development agreement need for beginning the without triggering a major subdivision process anew. (7) Effective Date. This ordinance shall become effective from and after its adoption and publication. Upon roll call, members voting AYE: Barnes, Haas, Leroux, Petryk, Stoltzman. Voting NAY: NONE ordinance was declared Where upon said passed and adopted this 19th day of April, 1999. Wally Stoltzman, Mayor ATTEST: Mary Ann Creager, City Clerk Published in the White Bear Press April 28, 1999.