HomeMy WebLinkAbout#5 - Report PC - Ord Amendment - Minor SubPlanning Commission Memorandum
To:
Planning Commission Members
From:
John Hinzman, Community Development Director
Date:
October 24, 2011
Item:Public Hearing -
AmendHastings City Code Chapters154.10–Minor
Subdivisions; Waiver of Platting Requirements
Planning Commission ActionRequested:
The Planning Commission is asked to hold a Public Hearingto consider amending Hastings
City Code Chapter 154.10 –Minor Subdivisions; Waiver of Platting Requirements.
Background Information:
The minor subdivision ordinancewasestablishedto provide a simpler procedure for small scale
divisions of property. Minor subdivisions that result in a net increase of platted lots are subject
to Planning Commission review and City Council approval. Minor Subdivisions not resulting
in additional lots can be approved administratively through the boundary lot adjustment
provision.
Over the past year, the minor subdivision procedure has been used more frequently to convert
townhome lots into single family to reflect changing market conditions. New lots are
reconfigured out of existing subdivisions to meet the demands of the current sale with limited
review on the effect to the remainder of the plat. This has resulted in alack of planning and
predictability of lot lines, utilities, and easementswithin a subdivision.
Proposed Changes:
The following changes are proposed:
Limits minor subdivisionapplications to one per year on subdivisions that are currently
under development (defined as being less than 75% developed).
Eliminates the submittal of 20 hard copies for the application and allows electronic
submission of documents.
Clarifies that boundary lot line adjustments are limited to only those subdivisions that do
not result in a net increase of lots (this has been our practice for the last ten years).
Attachments:
OrdinanceAmendment
§154.10 MINOR SUBDIVISION; WAIVER OF PLATTING REQUIREMENTS.
(A)Generally.
(1)A minor subdivision may be initiated by the property owner(s) or
authorized agent by filing an application with the Planning Department along with the
fee(s) established by resolution of the City Council.
(2)A minor subdivision is limited to 1 division of a parcel of land per 12-
month period which results in no more than 3 lots, provided no new road is required and
all lots created meet the requirements of Chapter 155.It does not include any
boundary/lot line adjustment approved pursuant to division (E) below.Minor
subdivisions are limited as follows:
(a)One division of a parcel of land per 12-month period which results in
no more than 3 lots, provided no new road is required and all lots created meet the
requirements of Chapter 155.
(b)The minor subdivision procedure shall not be used to re-subdividelarge
undeveloped areas of platted property. On platted lands with less than 75 percent of lots
developed into housing, minor subdivisions are limited to one division within a plat per
12-month period which results in no more than 3 lots, provided no new road is required
and all lots created meet the requirements of Chapter 155.
(3)The minor subdivision or boundary/lot line adjustment shall not necessitate
any additional public investment in new roads nor utilities to serve the lots.
(4)A minor subdivision is generally not intended for outlots nor
commercial/industrial lands.
(B)Application.
(1)Unless specifically exempted by division (B)(2) below, an application for a
minor subdivision/waiver of platting requirements shall include one hard or digital copy
20 copiesof a certificate of survey prepared by a registered land surveyor showing at a
minimum the following information:
(a)Map specifications.Date; northpoint; legend; standard engineer’s scale
no less than 1 inch equaling 100 feet, unless otherwise approved by staff;
(b)Boundaries.The original lot lines; the proposed new lot lines; legal
description of the existing and proposed property;
(c)Easements.Existing and proposed easements and their dimensions;
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(d)Existing improvements.Names and locations of streets, drainage lines,
sewer and water lines, other utilities, and structureswithin the proposed minor
subdivision area;
(e)Proposed improvements.Location of proposed sewer and water lines,
utilities, common facilities, driveways and structures;
(f)Setbacks.Setback distance between existing/proposed structures and
all lot lines;
(g)Lot areas.Existing and proposed lot(s) areas shown in square feet for
each lot less than 1 acre;
(h)Supplementary information.An affidavit by the applicant containing
the exact names and addresses of all persons or entities having any type of ownership
interest in the property;
(i)Other features. Topography and other features as may be required by
the City Engineer; and
(j)Site information.Any other information specific to the particular site
and required for the complete evaluation of the application. The information shall be
supplied at the expense of the applicant.
(2)For property zoned commercial within the Downtown Overlay District, the
city may waive any of the requirements of this division (B) including a certificate of
survey. Generally, the city may waive a certificate of survey if the lot split results in
equal halves, thirds or quarters of the parent platted parcel. The applicant for a minor
subdivision within the Downtown Overlay District shall, ata minimum, submit a legal
description for all existing and proposed lots/parcels.
(C)Review process.
(1)The Planning Commission shall hold a public hearing on the application.
Notice of the time and place of this public hearing shall be published once in the official
newspaper and mailed to all property owners within 350 feet of the subject property.
Both notices shall be given at least 10 days before the date of the hearing. The Planning
Commission shall recommend to the City Council either approval, with or without
conditions, or denial of the proposed minor subdivision within 60 days of when the
completed application was accepted by the Planning Director. If the Planning
Commission recommends that the minor subdivision be denied, the Planning
Commission shall set forth the reasons for its recommendation and forward them to the
applicant and the City Council.
(2)The City Council may approve the request with or without conditions, deny
it, refer it back to the Planning Commission for additional input or study or require
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modification of the proposed minor subdivision. The City Council shall approve or deny
the minor subdivision request within 120 days after the completed application has been
accepted by the Planning Director.
(3)Where public agencies other than the city have some form of jurisdiction
over an area included in or directly affected by a proposed minor subdivision, approval of
that minor subdivision may be conditioned on satisfaction of the requirements of the
outside agency. The agencies shall include but not be limited to Dakota County and
Minnesota Department of Transportation, and the Minnesota Department of Natural
Resources.
(D)Filing.
(1)If the application is approved and the city deems it appropriate, a
Declaration of Minor Subdivision shall be prepared and signed by the city and all owners
of the property. The Declaration of Minor Subdivision shall contain the provisions as
deemed necessary by the City Council. The Declaration of Minor Subdivision shall be
recorded against the property at the County Recorder’s office. The minor subdivision
shall not become effective until the Declaration of Minor Subdivision has been signed by
all property owners and recorded with the County Recorder’s office.
(2)If approvalof the minor subdivision results in the creation of more lots than
previously existed, the applicant shall be required to pay park dedication fees, interceptor
sewer charges, and other applicable fees for each additional lot created as required by the
city ordinance in effect at that time.
(3)A declaration of minor subdivision or certified copy of the resolution
waiving the platting requirements together with 1 copy of the certificate of survey, shall
be recorded with the county. In addition, a copy of the certificate of survey shall be filed
with the city. Proof of filing the resolution waiving the platting requirements shall also
be submitted to the city prior to issuance of any building permits on the property.
(E)Boundary/lot line adjustments.
(1)A boundary/lot line adjustment includes, but is not limited to, transfer of
title of a portion of 1 parcel to an adjacent parcel that does not result in a net increase in
the number of lots.
(2)The Planning Director can administratively approve a boundary/lot line
adjustment subject to the following requirements:
(a)Compliance with division (B) above;
(b)A common property line between two adjacent parcels in the same
zoning district may be adjusted; provided all resulting parcels conform with the Hastings
Zoning Ordinance including minimum lot area and setbacks;
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(c)In case of nonconforming lot(s), a boundary/lot line adjustment shall
not result in increasing the nonconformity of either lot(s); and
(d)The Planning Director canattach the conditions deemed necessary to
protect the public interest.
(3) Boundary/lot line adjustments shall not be used to re-subdivide large
undeveloped areas of platted property. On platted lands with less than 75 percent of lots
developed into housing, boundary/lot line adjustments are limited to one division within a
plat per 12-month period which results in no more than 3 lots, provided no new road is
required and all lots created meet the requirements of Chapter 155
(4)A boundary/lot lineadjustment shall be deemed to occur when the deed
transferring title is recorded with the County Recorder’s office. (Prior Code, §11.10)
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