16.0. PRSR 05-17-1990 111,-
ITEM 16
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of TO: PLANNING COMMISSION
1k R1ver FROM: STEVE ROHLF, B & Z ADMINISTRATOR
DATE: MAY 17, 1990 15
SUBJECT: ORDINANCE AMENDMENT AMENDING
SECTIONS 900.38 AND 1008.04
RELATING TO THE SUBDIVISION
OF LAND/P.H.
APPLICANT: City of Elk River
REQUESTED ACTION:
To amend Section 900 . 38(1) titled "Building Permits" found on
Page 237 of the Elk River Code of Ordinances and also Section
1008.04 titled "Scope and Legal Authority" found on page 275 of
the Elk Code of Ordinances. The amendments would require that
all commerical, industrial and multifamily buildings containing
four or more units to be built on platted property only.
PROS :
1. The City would capture park dedication fees for parcels
that are currently legally described by meets and bounds .
An example of this would be; the 51 unit apartment being
built at the southwest corner of School Street and Proctor
Avenue. Park dedication fee can only be collected if
there is a subdivision of property, plat, or multiple
principle buildings on a lot in lieu of a plat. The
apartment referenced is on a single parcel and no park
dedication fee could be required. With the ordinance
requiring platting, that same apartment would pay $17,850
in park dedication fees
2 . Meets and bounds descriptions can be extremely long and
cumbersome. Requiring platting would clear up these legal
descriptions for City use, County use, and to the benefit
of the property owner in regards to title opinions , etc .
3 . If there are problems with the meets and bounds parcel
(for example; lack of right-of-way for the public road
that access it, drainage problems or lack of street
lighting) the City, through the platting process, would
have an opportunity to correct these problems prior to a
building being built on the parcel.
CONS :
•1 . Extra cost to the developer. The developer would incur
extra costs due to the platting process (surveyors time,
City platting fees, park dedication, etc. ) .
720 Dodge Ave. N.W. Elk River. Minnesota 55330 (612) 441-7420
110
2. Probably the biggest negative affect this ordinance would
have on development is the time delay for building. As an
example, if a developer came to City Hall on the date of
this memo, May 17th, with a proposal to build on a parcel
described by meets and bounds, he would have to prepare
the appropriate information for platting in order to get
on a concept review meeting. The next concept review
meeting with City staff is May 22nd. It is unrealistic to
think that plans could be prepared by that date. That
means the developer would most likely be on the June 26th
concept review. If all went well for him, he would be in
front of the Planning Commission on July 24th for
preliminary plat, in front of the City Council on August
20th for preliminary plat, and back to the Council for
final plat on September 17th. After gaining the
appropriate signatures on the plat, it is realistic he
could start construction at the end of September or the
beginning of October. When there are no new parcels
created and the platting process is only changing the
legal description from meets and bounds to lot and block,
a possible solution to the time delay is to require final
plat only (after staff concept review) .
Requiring commercial, industrial and multifamily property to be
platted is not an unique idea to the City of Elk River. Other
communities have this requirement. The ordinance amendment
that would require platting for these types of properties is
attached to this memo. I hope staff's analysis of the pros and
cons is unbiased and aids in your decision regarding this
amendment .
•
. .
lir
ORDINANCE 90
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
FOR THE CITY OF ELK RIVER
SECTION 900.38 AND 1008.04
RELATING TO THE SUBDIVISION OF LAND
The City Council of the City of Elk River does ordain as
follows:
The Code of Ordinances for the City of Elk River, Section
900 .38 is amended to add: fo#-
Plkop ,
No tiding permit shall be issued for the development
of commercial . industrial or multi-family structures
of four (4) dwelling units or greater for property
that is not platted in accordance with the
requirements of Chapter X of the City Code.
The Code of Ordinances for the City of Elk River, Section
1008 . 04 is amended to read as follows :
1008 . 04 - Scope and Legal Authority. The rules and tJ�1441,regulations governing plats and subdivision of land Pei? e
contained herein shall apply within the boundaries o e 6
III City of Elk River (the City) in accordance wit as � gt
permitted by Minnesota Statutes (the Law) . • • •
permit shall be issued for development of, commercial,
industrial and multi-family structures of four (4) dwelling
units or greater for property that is not platted in
accordance with the requirements of this Chapter. Except
in the case of resubdivision, this Ordinance shall not
apply to any lot or lots forming a part of a subdivision
recorded in the office of the Register of Deeds prior to
the effective date of this Ordinance, nor is it intended by
this Ordinance to repeal, annul or in any way impair or
interfere with existing provisions of other laws or
ordinances except those specifically repealed by, or in
conflict with, this Ordinance, or with restrictive
covenants running with the land. Where this Ordinance
imposes a greater restriction upon the land than is imposed
or required by such existing provisions of law, ordinance,
contract, covenants or deed, the provisions of this
Ordinance shall control .
•
Passed and adopted by the Elk River City Council this day
of , 1990.
James Trailer Mayor
ATTEST:
Sandy Thackeray, City Clerk
TJK:DTOs
JP