7.3. SR 12-04-2017 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.3
Agenda Section Meeting Date Prepared by
Public Hearin s December 4, 2017 Zack Carlton,Planning Manager
Item Description Reviewed by
Ordinance Amendment: Property Line Adjustments Cal Portner, City Administrator
Across Plat Boundaries Reviewed by
Action Requested
Adopt,by motion, an ordinance amendment establishing the Platted Exemption process.
Purpose of the Ordinance Amendment
The proposed amendment streamlines the platting process for certain lot combinations and boundary line
adjustments which are exempt from the city's subdivision ordinances per state statute.
Public Benefit
The change will create a new land use procedure for adjusting property lines in cases where the county
requires a plat ultimately saving the residents time and money.
Background/Discussion
State statute exempts certain property actions from a city's subdivision ordinances. These include lot
combinations and boundary line adjustments,which are typically handled through the administrative
subdivision exemption process. These actions do not go before the City Council or Planning
Commission.
However, Sherburne County is not required,per state statute, to combine lots or adjust parcel boundaries
across plat lines. In situations where a property owner wants to adjust property lines across plat lines, the
county has required the changes be submitted in the form of a plat. Currently, the easiest way to
complete this process within our ordinances is with the administrative subdivision procedure or simple
plat. This requires submittal of a final plat, no preliminary plat is needed, and only the City Council
reviews these during a public hearing.
We have seen a number of these types of simple plats this year, and in order to streamline the process for
residents, staff proposes removing the public hearing requirement for plats when no new buildable lots
are being created. These types of lot line changes are exempt from our subdivision ordinances and the
change will create a new approval process separate from our subdivision procedures.
Ordinance Sec. 30-352 describes the required platting exceptions described under state statutes. The
proposed amendment will change Sec. 30-352 (c) by describing the new approval process for simple plats
that do not create additional buildable lots. The process will not require a public hearing, and will be
approved by the City Council on the consent agenda.
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAMIRE1
Staff proposes replacing Sec. 30-352 (c) with the following language:
(c) Lot combinations and adjustments which are exempt from this Subdivision pursuant to
Minnesota Statutes or Sub-section 30-352(b),but which require platting pursuant to Sherburne
County recording requirements, shall be reviewed and approved by the City Council. Applicants
for a Platted Exemption shall submit an application on the form required and submit the fee
required,pursuant to the city's fee schedule.
Planning Commission
Staff has not received any comments for or against the proposed change. The Planning Commission
asked about the proposed fee for the process. The fee schedule includes the new cost for this process,
which will be a$100 fee and a$100 escrow. A simple plat, the closest comparable subdivision process,
requires a $275 fee, and a$1,000 escrow under the proposed 2018 fee schedule.
The Planning Commission unanimously recommended approval of the proposed amendment.
Attachments
■ Ordinance Amendment
N:APublic Bodies\Agenda Packets\12-04-2017\Final\x7.3 sr Property Line Adjustments.docx
WAStfikethfoughs to be removed
Underlines to be added
City of
Elk -�-�
River
Ordinance 17 -
An Ordinance Amending Section, 30-352, Platting required; exceptions, of the City
of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That§ Section 30-352 (c), Platting required; exceptions, of the City of Elk River
Code of Ordinances shall be amended to read as follows:
Sec. 30-352. —Platting required; exceptions.
(c) !n afty case iti which compliance with the res"ictions of this section W411 create ati untiecessaty
hardship and failure to coffiply does not ititerfere with the purpose of this article, the ci
council ffiay waive such compliatice by adoption of a resolution to that effect ati
coiweyatice may theft be filed or recorded.
( l Lot combinations and adjustments which are exempt from this Subdivision pursuant to
Minnesota Statutes or Sub-section 30-352(�b ,but which require platting pursuant to Sherburne
County recording requirements, shall be reviewed and approved by the City Council. Applicants
for a Platted Exemption shall submit an application on the form required and submit the fee
required,pursuant to the city's fee schedule.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 4th day of December,2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
P 0 w I R I D 0 Y
Last Updated March 2014 litm§AfVR