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HomeMy WebLinkAbout2016-330 Amending Title X, Zoning OrdinanceCity of Corcoran County of Hennepin State of Minnesota Motion By: LaFave Seconded By: Keefe August 25, 2016 AN ORDINANCE AMENDING THE TEXT OF TITLE X OF THE CORCORAN CITY CODE, ENTITLED ZONING ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Title IX: Subdivision Ordinance of the Corcoran City Code is hereby amended by deleting the cir"r-k material and adding the underlined material as follows: SECTION 926 -LOT LINE ADI STMENT AND LOT CONSOLIDATION Subd. 1. Criteria. Lot line adjustments exempted from platting by Minnesota Statute §462.352, Subd. 12, and lot consolidations shall not require a plat or replat and may be administratively pproved, provided all of the following conditions are met: A. The lot line adjustment shall be in compliance with the Comprehensive Plan and the purpose and intent of this Chapter. B. The lot line adjustment does not create additional lots or outlots. 1-% C. The lot line adjustment shall not cause any structure on the property to be made non - conforming or to be in violation of the Zoning Chapter or any other Provisions of the Citv Code. The lot division shall be part of a previously recorded plat or Registered Land Survey D. The lot line adjustment shall result in lots that meet the minimum dimensional requirements for the zoning district in which the properly is located, or shall not further increase the non-conformity of any lot dimension. E. All parcels resulting from the lot line adjustment shall have frontage and access on an existing improved street. F. The resulting parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. G. Any such lot line adjustment shall not require any public improvements. Page 1 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 August 25, 2016 H. Any such lot line adjustment shall not result in legal descriptions that are n -%7 unduly complex. I. Prior to issuance of building - permits, property irons shall be installed pursuant to Minnesota Statutes. J. The applicant warranties that he or she has obtained all necessary consent from all owners and interested parties of the proper subject to dt'lle.; application. Subd.2. Filing. A lot line adjustment or lot consolidation application shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by the fee as set forth in the City Code. The application shall also be accompanied by detailed written and graphic materials, the number and size as Drescribed by the Zoning Administrator that describes the lot line adjustment. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this Section. Subd- 3. Staff Analysis. Upon receiving a complete application, as determined by staff review, the Zoninga Administrator shall refer copies of the minor subdivision to the City staff and other applicable public agencies as needed in order to receive written comments. The Zoning Administrator shall instruct the appropriate staff person to 1) coordinate an analysis of the application, 2) review the application for compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Chapter and 3) prepare written approvals or denials. Subd. 4. Zoning Administrator Review. The Zoning Administrator shall consider a lot line adjustment as follows: A. The Zoning Administrator shall either approve, defer or deny the application. B. A written permit shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Chapter may be attached to the permit. C. Determination of non-compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within 10 days of the date of such notice, the applicant submits revised plans Page 2 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 August 25, 2016 and/or information with which the Zoning Administrator is able to determine compliance. D. Unresolved disputes as to administrative application of the requirements of this Paragraph shall be subject to appeal as defined by Section 980 of this Chapter. E. If dedication of right-of-way on existing streets is required, the lot line adjustment shall be reviewed and acted on by City Council. F. If an easement vacation is required, the lot line adjustment shall be reviewed and acted on by City Council at the same meeting that the easement vacation is considered pursuant to Section 975 of the Subdivision Ordinance. Subd. 5. Easement dedication. Prior to certification by the City of the approval of the lot line adjustment, the applicant shall supply required drainage and utility easements in recordable form to the City. Required easements shall be recorded in Hennepin County. The costs of recording shall be paid by the applicant. Subd. 6. Recording of lot line adjustment. If the lot line adjustment is aDDroved., the applicant shall record the lot line adjustment with the County Recorder or the Registrar of Titles, and pay all associated costs. No changes, erasures, modifications or revisions shall be made in any lot line adjustment after approval has been given by the Zoning Administrator or the City Council. o. Subd. 7. Effect of Approval. For 2 years following lot line adjustment or lot consolidation approval, unless the applicant and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development density, lot size, or lot layout that was approved. Subd. 8. Expiration of Lot Line Adjustment Approval. Unless the Zoning Administrator specifically approves a different time period, the approval of a lot line adjustment shall expire 2 years from the date it was approved, unless the applicant has recorded the lot line adjustment with Hennepin County and provided proof of the same to the City; or, unless before expiration of the 2-year Deriod, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a minor subdivision has not been filed, 21 what, if any, good faith efforts have been made to complete the process, and 31 the anticipated completion date. The Zoning Administrator approve one such extension for a term not to exceed one additional year. Page 3 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 926.010 Application Requirements August 25, 2016 The materials, information and drawings required for submission of a lot line adjustment or lot consolidation application are listed in this section. In order for the application to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this section. Subd. 1. Appli"cati"on Form. The applicant shall submit an official application form, as provided by the City, including the following information: A. Location, address (if assigned), legal description and Hennepin County property identification number (P.I.N.) of all parcels included within the proposed subdivision. B. Name, address, telephone number and signature of the applicant and all persons currently having an ownership interest in the parcels comprising the proposed subdivision. " +-,n C. Written description of request. Such description may be provided on a separate sheet of paper that is attached to the application form. Subd. 2. Other Written Materials. The application form shall be accompanied by or address, the following written materials: A. Completed application form and any necessary consent by interested parties signed by all owners in fee title, all lienholders, and all parties of interest in the property to be subdivided. B. Proof of ownership by either a copy of a deed, abstract of title or attorney opinion. The City reserves the right to require additional ownership information or verification. If requested, such additional information shall be provided by the applicant, at the applicant's expense. C. Property descriptions, existing and proposed. D. Drainage and utility easement forms, with legal descriptions for all wetland and floodplain areas and adjacent lot lines. Subd. 3. Fees and Deposits. The fees shall accompany the application form as set forth in the Corcoran City Code. The applicant shall also deposit with the City the estimated cost of any consultant review of the lot line adjustment that may be necessary to determine compliance with this Chapter or with the Cites Page 4 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 August 25, 2016 Comprehensive Plan, including but not limited to planning, engineering or traffic studies. Subd. 4. Drawings, General Reguirements, A. Drawings must meet all following specifications: 1. Be at a scale of one inch equals fift v feet (1 50'1 or less using an o engineer's scale only 2. Be on paper not exceeding 24-inches by 36-inches. 3. Include a title, and north point indication, the name and address of the applicant, and the name and address of the designer of the drawing. 4. Include a signature of the person who prepared the drawing, together with any registration number or other professional certification number or title. S. Provide the date of preparation and any revisions thereto. B. The applicant shall provide complete assembled sets of the drawings that are collated and stapled, the size and number of which shall be determined bow Zoning Administrator. C. The applicant shall submit electronic files of the drawings in a manner specified by the City in the Engineering Design Standards. Subd. 5. Drawings. The application form shall be accompanied by drawings and information indicating the following: A. Vicinity map showing the relation of the property to be subdivided to adjacent properties and public roads., B. A certificate of survey in a scale of one inch equals 100 feet, prepared in accordance with Minnesota Statutes §50S, and includin 1. Topographic contours at two-foot intervals, if required, to determine compliance with floodplain, bluff, slope or wetland protection requirements. 2. Wetland delineation in accordance with the Wetland Conservation Act. Page 5 of 13 City of Corcoran August 25, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 3. Ordinary high-water elevations of all public waterbodies. 4. Ordinary high groundwater elevation. S. Information on the stormwater convevance system serving the parcel including the minimum elevation that stormwater runoff can be drained from the parcel, the route it must take to connect to a public trunk drainage system, and elevation indicating the parcel has an adequate and positive outlet for stormwater runoff. 6. Location of all public and private easements. An C, s 7. Floodplain areas and elevation figure. 8. Location of significant stands of trees and individual trees of eight- inch diameter or greater. 9. Existing lot lines. 10. Proposed lot lines. 11. Proposed locations and types of septic systems. 12. Proposed building areas and dimensions. 13. Proposed driveway locations. 14. North-pointing arrow and scale. SECTION 927 -MINOR SUBDIVISION PROCEDURE 927.010 Minor Subdivision Procedure Subd. 1 Criteria. A. A subdivision resulting in the creation of three or fewer lots, tracts or parcels shall be considered a minor subdivision, shall be permitted in the Urban Reserve and Rural Residential Zoning districts and may be exempt from platting provided that the following conditions are met: Page 6 of 13 City of Corcoran County of Hennepin State of Minnesota August 25, 2016 ORDINANCE NO. 2016-330 a. The subdivision shall be in compliance with the Comprehensive Plan and the purpose and intent of this Chapter. b. The lot division shall not cause any structure on the property to be made non-conforming or to be in violation of the Zoning Chapter or any other provisions of the City Code. The lot division shall be part of a previously recorded plat or Registered Land Survey. c. The lot division shall result in no more than 3 lots which are at least 2 1/2 acres that meet the minimum dimensional requirements for the zoning district in which the property is located. d. All parcels resulting from the lot division shall have frontage and access on an existing improved street. When right-of-way is recluired by the City or County, the ap- licant shall deed or provide easements for such right -of -wad e. The resulting_ parcels shall generally conform with the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. f. Any such lot division shall not require any public improvements. g. Any such subdivision shall not result in legal descriptions that are unduly complex. h. The applicant shall comply with the park dedication regulations, as required for a plat. L Prior to issuance of building permits, property irons shall be installed pursuant to Minnesota Statutes. j. The applicant warranties that he or she is the owner of the properties subject to the application and has obtained all necessary consent from all other owners and interested parties. B. City Zoning Administrator shall require the subdivision to be processed as a plat in accordance with Sections 930 and 935 of the City de if the standards of Subd. 1 of this section are not met. Page 7 of 13 City of Corcoran County of Hennepin State of Minnesota Q f Al [$]:I JA I ► � . August 25,, 2016 Subd. 2. Easement and right-of-way dedication. Prior to certification by the City of the approval of the minor subdivision, the applicant shall supply the deed(sl, in recordable form, granting to the City the lot line easements required or other recordable easements found necessary and required by the City. The applicant shall record these documents with the County Recorder or the Registrar of Titles, provide proof of the same to the City and pay all associated costs. Subd.3. Filing. A minor subdivision application shall be filed with the Zoning Administrator on an official application form. The application shall be accompanied by the fee as set forth in the City Code. The application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator that describes the minor subdivision. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified submittal requirements, as described in this Section. Subd. 4. Staff Analysis. Upon receiving a complete application, as determined by staff review, the Zoning Administrator shall refer copies of the minor subdivision to the City staff and other applicable public agencies as needed in order to receive written comments. The Zoning Administrator shall instruct the appropriate staff person to 1) coordinate an analysis of the application, 2) prepare technical reports and coordinate preparation of the development contract, and 3) assist in preparing a recommendation to the City Council. Subd. 5. City Council Consideration. The City Council shall consider a minor subdivision as follows: A. Upon receiving the reports and recommendations of the staff, the City Administrator shall schedule the application for City Council consideration. The Council shall have the option of receiving additional testimony on the matter if they so choose. B. The City Council shall either approve or deny the application. C. Approval of a minor subdivision and any related development contract by the City Council shall require passage by a majority vote of all its members. The Council may require such revisions in the minor subdivision as it deems necessary for the health, safety, general welfare and convenience of the Cites D. If a minor subdivision is denied by the City Council, the reasons for such action shall be recorded in the Council proceedings and transmitted to the applicant within 60 Page 8 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 August 25, 2016 Subd. 6. Recording of Minor subdivision. If the minor subdivision is approved and signed by the Mayor and City officials, the applicant shall record the minor subdivision with the County Recorder or the Registrar of Titles and pay all associated costs. No changes, erasures, modifications or revisions shall be made in any minor subdivision after approval has been given by the City Council. Subd. 7. Effect of Approval. For 2 years following minor subdivision approval, unless the applicant and City agree otherwise, no amendment to the Comprehensive Plan or other official controls shall apply to or affect the use, development den lot size or lot layout that was approved. Subd. 8. Expiration of Minor Subdivision Approval. Unless the City Council SDecifically approves a different time period, the approval of a minor subdivision shall expire 2 years from the date it was approved' unless the applicant has recorded the minor subdivision with Hennepin County and provided proof of the same to the City; or, unless before expiration of the 2 -year period, the applicant submits a written request for an extension thereof. Such request for an extension shall include the following: 1) an explanation for why a minor subdivision has not been filed, 2) what, if any, good faith efforts have been made to complete the process, and 3) the anticipated completion date. The Zoning Administrator approve one such extension for a term not to exceed one additional year. 92 7.02 0 Application Requirements The materials, information and drawings required for submission of a minor subdivision application are listed in this section. In order for a minor subdivision application to be deemed complete, it shall include or have attached thereto all materials, information, and drawings listed in this section. Subd. 1. Application Form. The applicant shall submit an official application as provided by the City, including the following information: A. Location, address (if assigned), legal description and Hennepin County property identification number (P.I.N.) of all parcels included within the Droposed subdivision. B. Name, address, telephone number and signature of the applicant and all persons currently having an ownership interest in the parcels comprising the proposed subdivision. n +-,n C. Written description of request. Such description may be provided on a separate sheet of paper that is attached to the application form. Page 9 of 13 City of Corcoran August 25, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 Subd. 2. Other Written Materials. The application form shall be accompanied by or address, the following written materials: A. Completed application form and any necessary consent by interested parties signed by all owners in fee title, all lienholders, and all parties of interest in the property to be subdivided. B. Proof of ownership by either a copy of a deed, abstract of title or attorney's. opinion. C. Property descriptions, existing and proposed. D. Drainage and utility easement forms, with legal descriptions, for all wetland and floodplain areas. Subd. 3. Fees and DeDosits. The fees shall accoMDanv the aDDlication form as set forth in the Corcoran Citv Code. The applicant shall also deposit with the City the estimated cost of anv consultant review of the minor subdivision that may be necessary to determine compliance with this Chapter or with the City's Comprehensive Plan, including but not limited to Dlanning. engineering or traffic studies. Subd. 4. Drawings, General Requirements. A. Drawings must meet all following specifications: 1. Be at a scale of one inch equals fifty ty feet 50'1 or less using an engineer's scale only 2. Be on paper not exceeding 24- inches by 36-inches. 3. Include a title, and north point indication, the name and address of the applicant, and the name and address of the designer of the drawing. 4. Include a signature of the person who prepared the drawing, together with any registration number or other professional certification number or title. S. Provide the date of preparation and any revisions thereto. B. The applicant shall provide complete assembled sets of the drawings that are collated and stapled, the size and number of which shall be determined bow Zoning Administrator. Page 10 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 August 25, 2016 C. The applicant shall submit electronic files of the drawings in a manner specified by the City in the Engineering Design Standards. Subd. 5. Drawings. The application form shall be accompanied by drawings and information indicating the following:-. A. Vicinity map showing the relation of the property to be subdivided to adjacent properties and public roads. B. A certificate of survey in a scale of one inch equals 100 feet, DreDared in accordance with Minnesota Statutes §505, and including: 1. Topographic contours at two-foot intervals, if required, to determine compliance with floodplain, bluff, slope or wetland protection requirements. 2. Wetland delineation in accordance with the Wetland Conservation Act. 3. Ordinary high-water elevations of all public waterbodies. 4. Ordinary high groundwater elevation. S. Information on the stormwater convevance system servinLy the parcel including the minimum elevation that stormwater runoff can be drained from the parcel, the route it must take to connect to a public trunk drainage system, and elevation indicating the parcel has an adequate and positive outlet for stormwater runoff. 6. Location of all public and private easements. An csl 7. Floodplain areas and elevation figure. 8. Location of significant stands of trees and individual trees of eight- inch diameter or greater. 9. Existing lot lines. 10. Proposed lot lines. 11. Proposed locations and types of septic systems. Page 11 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-330 12. Proposed building areas and dimensions. 13. Proposed driveway locations. 14. North-pointing arrow and scale. August 25, 2016 SECTION 2. Amendments. The text of Section 915.020 (Definitions) of Title IX: Subdivision Ordinance of the Corcoran City Code is hereby amended by deleting the 6tFrVk material and adding the underlined material as follows: Lot Consolidation: The removal of lot lines between contiguous parcels. Lot Division: Dividing a lot of record by placing new lot lines within its boundary, resulting in the creation of additional lots. Lot Line AdjustmentRnapn en: Adjusting the lot lines between two or more lots of record, resulting in the same number of lots. Subdivision: Any division or rearrangement of land, except for those separations: A. Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and 5 acres or larger in size for commercial and industrial uses; B. Creating cemetery lots; C. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary. Subdivision, Minor: A subdivision that results in the creation of 3 or fewer lots, not less than 2 1/2 acres in size, Minnesota State Statutes §462.358. SECTION 3. Amendments. The text of Section 930.010 (Preliminary Plat Procedure) of Title IX Subdivision Ordinance of the Corcoran City Code is hereby amended by deleting the stranken material and adding the underlined material as follows: An application for a preliminary plat shall be approved or denied pursuant to Minnesota Statutes, Chapter 462.358. A preliminary plat be processed concurrently with the final plat at the discretion of the Zoning Administrator. Page 12 of 13 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -330 August 25, 2016 SECTION 4. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE F-1 Guenthner, Ken ❑ Hank, Pat ® Keefe, Mike ® LaFave, Tonya ® Thomas, Ron VOTING NAY F-1 Guenthner, Ken ® Hank, Pat El Keefe, Mike ❑ LaFave, Tonya El Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this 25th day of August 2016. Ron Thomas — Acting Mayor ATTEST: City Seal Jessica Beise —City Clerk/Administrative Services Coordinator Page 13 of 13