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City Council Memorandum To: Mayor Hicks and City Council From: John Hinzman, Community Development Director Date: November 21, 2011 Item: 2nd Reading\ Public Hearing -Amend Hastings
City Code Chapters 154.10 – Minor Subdivisions; Waiver of Platting Requirements City Council Action Requested: The City Council is asked to hold a public hearing and consider 2nd Reading\Ordinance
Adoption of an amendment to Hastings City Code Chapter 154.10 – Minor Subdivisions; Waiver of Platting Requirements. The following changes are proposed: ! Limits minor subdivision applications
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). The City Council considered 1st Reading and ordered the public hearing at the November 7, 2011 City Council Meeting. Background Information:
The minor subdivision ordinance was established to 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 a lack of planning
and predictability of lot lines, utilities, and easements within a subdivision.
Financial Impact: The proposed change should have a limited impact on revenues. Advisory Commission Discussion: The Planning Commission voted 6-0 to recommend approval of the amendment
at the October 24, 2011 meeting with limited discussion. No one from the public spoke for or against the item during the public hearing. Council Committee Discussion: N/A Attachments:
! Ordinance Amendment
1 ORDINANCE NO.______________, THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE CHAPTER 154.10 MINOR SUBDIVISION; WAIVER OF PLATTING REQUIREMENTS
BE IT ORDAINED by the City Council of the City of Hastings as follows: Chapter 154.10 of the Hastings City Code – Minor Subdivision; Waiver of Platting Requirements is hereby amended
as follows (Additions to the ordinance are underlined and section numbers may be renumbered): § 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-subdivide large 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. AND
2 (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; (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 can attach 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 line adjustment
shall be deemed to occur when the deed transferring title is recorded with the County Recorder’s office. (Prior Code, § 11.10) All other sections shall remain unchanged. ADOPTED by the
Hastings City Council on this 21st day of November, 2011. _________________________________ Paul J. Hicks, Mayor ATTEST: ______________________________________________ Adeline Schroeder,
Deputy City Clerk
3 I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 21st day of November,
2011, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________________________ Adeline Schroeder, Deputy City Clerk (SEAL)
This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033