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HomeMy WebLinkAboutOrdinance - 2-2016 - Amending City Code Chapter 12 Relating to Subdivision Regulations - 01/14/2016 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 12 RELATING TO SUBDIVISION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 12.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 12 is amended by deleting Section 12.02 in its entirety and replacing it with the following: SECTION 12.02. SUBDIVISION/COMBINATION APPROVAL REQUIRED. No land shall be subdivided or combined without complying with the provisions of this Chapter. Subd. 1. Administrative Approval. The City Manager or his designee may authorize a subdivision or combination upon finding (1) for a subdivision, the division will not result in more than two parcels; for a combination, the combination will not result in more than one parcel; (2) the subdivision or combination will not cause any structure to be in violation of the Zoning Chapter or any other provision of the City Code; (3) the resulting parcel(s) generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas; (4) the owners of land contiguous to the parcel(s) being divided or combined file no written objections within ten days following written notification to them or otherwise indicate in writing that they have no objections; and (5) no public improvements or dedications of right of way are required. A. Application. Any person having a legal or equitable interest in a property may file an application for administrative subdivision or combination. An application shall be filed with the Engineering Division on an approved form and shall be accompanied by an accurate boundary survey and legal description of the existing parcel(s) and a survey and legal description identifying the resulting parcel(s) after subdivision or combination. B. Review, The City Manager or his designee shall review all applications for administrative subdivision or combination to determine compliance with the standards identified in this Section and all other pertinent requirements of this Chapter. C. Approval or Denial. The City Manager or his designee shall approve or deny the request in writing. Upon written approval of the request, the applicant shall be responsible for filing the subdivision or combination survey with the County Recorder's or Registrar of Title's office as applicable. If the request is denied, the City Manager or his designee shall provide to the applicant a written statement of denial stating the reasons for the denial. D. Conditions. The City may impose conditions on any proposed administrative subdivision or combination that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this Chapter including, but not limited to, the following: (1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and drainage easements and responsibility for the cost of filing and recording written easements with the County Recorder's or Registrar of Title's office as applicable; (2) Vacation of easements no longer required as determined by the City Engineer; and (3) Payment of parkland dedication fees for each lot created, except when the fees have been previously paid for the lot created by the subdivision under the Section. E. Filing. If the administrative subdivision or combination is not recorded with the County Recorder or Registrar of Titles within ninety (90) days after the date of approval, the City Manager may, upon ten days written notice to the applicant, revoke the approval in writing. F. Council Action. If a proposed subdivision or combination is not approved under this subdivision the applicant may apply for approval by the Council as hereinafter provided. Subd. 2. Minor Subdivisions. In the case of a subdivision of small size and of minor importance situated in a locality where conditions are well defined, as determined by the City Planner, the Council may process the approval as follows: A. Application. Any person having a legal or equitable interest in a property may file an application for a minor subdivision. An application shall be filed with the City Planner on an approved form and shall be accompanied by a plat made in accordance with Minnesota Statutes, 1990, Chapter 505. B. Review. The City Planner shall review all applications for minor subdivision to determine compliance with the standards identified in this Section and all other pertinent requirements of this Chapter and shall make a recommendation to the Council for approval or denial of the minor subdivision. C. Approval or Denial. The City Council shall consider the request for a minor subdivision. Council approval shall be in the form of a resolution. Upon written adoption of a resolution of approval, the applicant shall be responsible for filing the plat with the County Recorder's or Registrar of Title's office, as applicable. If the request is denied, the City Manager or his designee shall provide to the applicant a written statement of denial stating the reasons for the denial. D. Conditions, The City may impose conditions on any proposed minor subdivision that are deemed reasonable and necessary to protect the public interest and to ensure compliance with the provisions of this chapter including, but not limited to, the following: (1) Provision of wetland buffers, trail, sidewalk, conservation, and utility and drainage easements and responsibility for the cost of filing and recording written easements with the County Recorder's or Registrar of Title's office as applicable; (2) Vacation of easements no longer required as determined by the City Engineer; and (3) Payment of parkland dedication fees for each lot created, except when the fees have been previously paid for the lot created by the subdivision under the Section. (4) Dedication of right-of-way or easements for public utilities. F. Filing. If the minor subdivision is not recorded with the County Recorder or Registrar of Titles within ninety (90) days after the date of approval, the City Council may, upon ten days written notice to the subdivider, consider a resolution revoking the approval. E. If a minor subdivision is not approved under this subdivision, the applicant may apply for approval by the Council as hereinafter provided. Section 2. City Code Chapter 12, Section 12.03 is amended by inserting a new Subd. 1 to read as follows: "`Applicant' - Any person making an application for subdivision or combination under this Chapter."Existing Subdivisions 1 through 16 are hereby renumbered 2 through 17. Section 3. City Code Chapter 12, existing Section 12.03, Subd. 7, titled "Lot-Double Frontage" is amended by deleting the definition and replacing it with the following: "A lot on which both opposite ends or both adjoining sides abut on streets." Section 4. City Code Chapter 12, existing Section 12.03, Subd. 8 titled "Minimum Subdivision Design Standards" is amended by deleting the word "Minimum" from the title. Section 5. City Code Chapter 12, existing Section 12.03, Subd. 14, titled "Setback" is amended by deleting the definition and replacing it with the following: "The minimum horizontal distance between building walls and the street right-of-way, building walls and the side lot line, and building walls and the rear lot line." Section 6. City Code Chapter 12, Section 12.04, Subd. 4 is amended by deleting the number "forty-five (45)" in the first line and replacing it with the number"sixty (60)" Section 7. City Code Chapter 12, Section 12.05 is amended by revising the first sentence by deleting "I"to 100"' and replacing it with 1" = 50'." Section S. City Code Chapter 12, Section 12.05, Subd 2. G is amended by deleting the word "marshes" and replacing it with the word "wetlands". Section 9. City Code Chapter 12, Section 12.05, Subd 3 A. is amended by adding after the phrase "right-of-way widths" the phrase ", proposed street widths". Section 10. City Code Chapter 12, Section 12.05, Subd 3 B. is amended in its entirety to read "Location and width of existing or proposed trails, fire lanes, pedestrian ways and utility easements." Section 11. City Code Chapter 12, Section 12.05, Subd 3 C. is amended by adding after the word "street" the words "and right-of-way". Section 12. City Code Chapter 12, Section 12.20. Subd 2. B. is amended by adding at the end of the first sentence the following sentence: "Approval of the final plat includes approval of changes to easements dedicated on the plat in order to conform the final plat to the final construction plans approved by the City Engineer." Section 13. City Code Chapter 12, Section 12.20. Subd 5. is amended by adding after the phrase "engineering review" the following phrase: ", final plan review, contract administration and inspection review,". Section 14. City Code Chapter 12, Section 12.30. titled "Minimum Subdivision Design Standards" is amended by deleting the word "Minimum" from the title; and Section 12.30, Subd 3. A. is amended by deleting the table and replacing it with the following: Average Daily Design Speed Right-of-Way Roadway Width Road Type Traffic(Vehicles) (MPH) (Feet) Back-Back(Feet) Residential Minor(1) 500 30 50 28 Residential Collector 3,000 35 60 32 Industrial 35 70 38 M.S.A. 10,000 30-40 80-120 Various(2) (1) Maximum length of cul-de-sac is 500 feet,right-of-way radius 50 feet,roadway radius 39 feet to back curb. (2) Width subject to MSA standards in the MnDOT State Aid Manual. Section 15. City Code Chapter 12, Section 12.30, Subd. 4 is amended by deleting in the last sentence thereof the phrase "fifteen (15) feet" and replacing it with"one hundred (100) feet". Section 16. City Code Chapter 12, Section 12.30, Subd. 10 is amended by adding a paragraph C as follows: C. If City infrastructure is required to be installed within the platted property, then additional easements shall be provided in such locations as specified by the City. Each easement shall be in such width as specified by the City to adequately accommodate the infrastructure but in no event less than twenty (20) feet wide. Section 17. City Code Chapter 12, Section 12.50, Subd. 1 is amended by deleting in the fifth sentence the word "with" and inserting in its place the word "within". Section 18. City Code Chapter 12, Section 12.60 is amended by deleting Subdivision 2, entitled Minor Subdivisions. Existing Subdivision 3 is hereby renumbered Subdivision 2. Section 19. City Code Chapter 12, Section 12.61 is amended by inserting the phrase "any platted outlot, or on" after the word "on". Section 20. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 12.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 21. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of November, 2015 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 6th day of January, 2016. Kath en Porta, City Clerk 'Na cy T -4us, Ma—y- PUBLISHED in the Eden Prairie News on January 14, 2016. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 2-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 12 AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 12.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends Chapter 12 relating to establishing administrative and minor subdivision review processes and making other housekeeping changes. Effective Date: This Ordinance shall take effect upon publication. ATTEST: K leen Porta, City Clerk Na cy T - Lu s, M or PUBLISHED in the Eden Prairie News on January 14, 2016. (A full copy of the text of this Ordinance is available from City Clerk.)