6.3. SR 03-17-2003MEMORANDUM
Item #6.3.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Michele McPherso~irector of Planning
March 17, 2003
Case No. OA 03-02
Request by the City of Elk River for an Ordinance Amendment
Amending Chapter 30 of Land Development Regulations
Article V, Titled "Subdivisions" to Establish a Lot Split and
Simple Plat Procedure, Public Hearing
Request
The Planning Commission is asked to consider an ordinance amendment establishing a lot
split procedure and requiring that Administrative Subdivisions be submitted and processed
as simple plats.
Attachments
· Ordinance No. 03 -
Backeround
The City currently has two methods to subdivide property: (1) administrative subdivisions,
which are used when creating four or fewer lots and (2) plats for subdivisions of land with
more than four lots.
There are a number of economic issues relating to the processing of administrative
subdivisions. Costs are incurred by the applicant for City review of legal descriptions of the
lots, as well as the easements along lot lines. In addition, multiple documents need to be
recorded in order to ensure that the necessary drainage and utility easements are granted to
the City. The City currently absorbs the recording costs for these documents.
Memo to Mayor and City Council/OA 03-02
March 17, 2003
Page 2
Analysis
Staff is suggesting an amendment to the subdivision process for the following:
1. Establish a lot split process, which would apply to the splitting of one lot into two
provided that the lot has a "lot and block" legal description.
Amend the administrative subdivision procedure to require submission of a simple plat
for the subdivisions of four or fewer lots on meets and bounds property. This would
create a "lot and block" plat with the easements dedicated on the lots. This would
eliminate the need to record documents, require less review of legal descriptions and
decrease the likelihood of a legal description error on the part of the City. Both the lot
split and administrative subdivision procedure would not require Planning Commission
approval, only a public hearing by the City Council.
Planning Commission Action
The Planning Commission conducted a public hearing regarding this request at its February
25, 2003 meeting. No one spoke for or against the request. The Planning Commission
voted unanimously to recommend approval of the request to the City Council.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the
ordinance amendment to create a lot split and simple plat procedure.
S:XPLANNING\Case Files\2003\OA 03-02 Lot Split Simple Plat\3 17 CC memo.doc
ORDINANCE 03 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-378-- 30-390 OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Sections 30-389-- 30-390. Reserved, titled, Subdivision III.
Administrative Procedure, of the City of Elk River Code of Ordinances shall be amended to
read as follows:
Subdivision III. Administrative Procedure by Simple Plat*
Sec. 30-391. Purpose; applicability.
The administrative subdivision by simple plat and lot split procedure for processing
applications for the division of land is intended to provide an expedited procedure in those
limited cases where strict adherence to the standard platting process is not required. The
administrative subdivision by simple plat and lot split procedure is not intended to be a
substitute for the standard platting process set forth in this article. Administrative
subdivision by simple plat and lot split procedures may be utilized where the following
circumstances exist:
(1) The property to be divided will result in four or fewer lots.
(2) The property to be divided will not require the dedication of public right-of-way for
purposes of gaining access to the subdivided property.
(3) The property has not previously been the subject of division by the administrative
subdivision procedure.
The administrative subdivision by simple plat procedure shall be utilized on metes and
bounds property that will be subdivided into four or fewer lots.
The lot split subdivision procedure shall apply only to platted lots that will be divided into
two buildable lots.
Sec. 30-392. Procedure.
(a) Applicability of standard procedure. Except as specifically provided in this
subdivision III, administrative subdivision by simple plat shall conform to all standards,
procedures and requirements applicable to standard subdivisions under this article.
(b) Data for the administrative subdivision shall be as follows and shall be submitted in
the form of a plat:
(1) Identification and description.
a. The proposed name of the subdivision, which shall not duplicate or be similar in
pronunciation or spelling to the name of any plat theretofore recorded in the county.
b. Location by section, towmhip, and range, and by legal description.
c. The names and addresses of the record owner, subdivider, land surveyor, engineer,
and designer of the plan, and any agent having control of the land.
d. A graphic scale not less than one inch to 100 feet unless otherwise allowed by the
city.
S:~PLANNING\Case Files\2003\OA 03-02 Lot Split Simple Plat\Ordinance 3-17 CC.doc
(2)
a.
b.
C.
North arrow.
Date of preparation.
Existing conditions.
A boundary survey of the subiect property.
Existing zoning classifications for land within and abutting the subdivision.
A general statement of the approximate acreage and dimensions of the lots.
d. Location, right-of-way width, and names of existing or platted streets or other public
ways, parks, and other public lands, permanent buildings and structures, easements and
section and corporate lines within the proposed subdivision and to a distance 150 feet
beyond.
e. Boundary lines of adjoining platted or subdivided land within 150 feet, identified by
name and ownership, including all contiguous land owned or controlled by the subdivider.
f. Topographic data, based on the city datum, including contours at vertical intervals of
at least two feet. Watercourses, wetlands, marshes, rock outcrops, power transmission poles
and lines, and other significant features shall also be shown.
g. If the parcel is located within the Urban Service District, utilities on or adjacent to
the property, including location, size and invert elevation of public sanitary and storm
sewers; location and size of water mains; and location of gas mains, and fire hydrants. The
direction and distance to, and size of, such facilities shall be indicated, showing invert
elevations of sanitary and storm sewers, including catchbasins, manholes and hydrants. Such
data may be available from city plans, and the source thereof so noted, unless such utilities
are located on the subject property. In all instances, they shall be field checked as far as
practicable.
h. Under certain circumstances, when required by the city, a complete tree inventory
identifying the types and location of all trees greater than six inches in diameter when
measured at a point four feet above the ground level. Information, to the extent feasible,
shall also be provided as to type, weakness, maturity, infestation resistance, density and
spacing. Trees to be removed for streets, drives, buildings, drainage or other purposes shall
be identified.
(3) Subdivision design features.
a. Location and width of proposed alleys and pedestrian ways.
b. Lot sizes, layout, and numbers and preliminary dimensions of lots and blocks.
c. Minimum front and side street building setback lines.
d. When side lot lines are not parallel, the width of the lot at the building setback line.
e. Areas other than streets, alleys, pedestrian ways and utility easements intended to be
dedicated or reserved for public use, including the size of such areas in acres.
f. Location, size and approximate gradient of proposed public sewer lines and water
mains. If public sewer and water are not available, the engineer shall provide site evaluation
data required by Minnesota Pollution Control Agency Individual Sewage Treatment
Standards (chapter 7080) to determine the suitability of the site for individual sewage
treatment systems. Such data, consistent with chapter 7080, may include, but is not limited
to, depth to the highest known or calculated groundwater table or bedrock; soil conditions,
properties and permeability; slope; existence of lowlands; local surface depressions and rock
outcrops; legal setback requirements; soil borings and percolation tests. Reference shall be
made to "Soil Survey: Sherburne County, Minnesota," U.S. Department of Agriculture, Soil
Conservation Service, and any other available sources. The data required should be
determined by the city, in its discretion.
S:~PLANNING\Case Files\2003\OA 03-02 Lot Split Simple Plat\Ordinance 3-17 CC.doc
(c) Data for the lot split procedure shall be as follows and shall be submitted in the form of a
certificate of survey:
(1) Identification and description.
a. Location by section, township, and range, and by legal description.
b. The names and addresses of the record owner, subdivider, land surveyor, and any
agent having control of the land.
A graphic scale not less than one inch to 100 feet unless otherwise allowed by the
North arrow.
Date of preparation.
Existing conditions.
A boundary survey of the subject property.
Existing zoning classifications for the land.
Location, right-of-way width, and names of existing streets or other public ways,
parks, and other public lands, permanent buildings and structures, easements and section
(b d) Review by planning department. Prior to formal application, sketch plans and/or
surveys shall be reviewed by the planning department for submission of a written
recommendation thereon to the city council. Administrative subdivisions and lot splits do
not require review by the planning commission unless required by referral of the city council.
The planning department shall initially determine and recommend to the city council the
extent to which an administrative subdivision or lot split shall be subject to the requirements
of this article.
(e e) Review by park and recreation commission. The administrative subdivision or lot
split shall be submitted to the park and recreation commission for review of park dedication
requirements. A recommendation should be forwarded to the city council for consideration,
along with the proposed subdivision.
(el ~ Hearing. After the planning department has submitted its recommendation to the
council concerning the proposed administrative subdivision or lot split, the city council shall
hold a public hearing thereon after giving notice as required for a standard subdivision.
Data and documents for recording administrative subdivisions
(a) Conveyance of land for public use; covenants and association documents. Execution
by all owners of any interest in the land to be subdivided and any holders of a mortgage
therein of deeds or easements for any area to be conveyed for public use and any covenants
or association documents shall be required, in such form as shall be approved by the city
attorney.
(b) Subdivision format. The subdivider shall provide one print of the subdivision 11
inches by 17 inches in size drawn at a scale of one inch equals 200 feet.
(c) Electronic data. The subdivider shall provide subdivision information in electronic
format specified by the city.
S:kPLANNING\Case Files\2003\OA 03-02 Lot Split Simple Plat\Ordinance 3-17 CC.doc
Section 2. That this ordinance shall take effect upon publication as provided by
Passed and adopted by the City Council of the City of Elk River this 17th day of March,
2003.
Attest:
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk
S:~PLANNING\Case Files\2003\OA 03-02 Lot Split Simple Plat\Ordinance 3-17 CC.doc