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HomeMy WebLinkAbout1002: Filing and Review of Subdivisions Subdivision Code City of Prior Lake 1002/p1 SECTION 1002 PROCEDURES FOR FILING AND REVIEW OF SUBDIVISIONS SUBSECTIONS: 1002.100: CONCEPT PLAN 1002.200: PRELIMINARY PLAT 1002.300: FINAL PLAT 1002.400: COMBING PRELIMINARY AND FINAL PLATS 1002.500: CIC PLAT 1002.600: EFFECT OF SUBDIVISION APPROVAL 1002.700: PREMATURE SUBDIVISIONS 1002.800: REGIONAL SYSTEM SERVICE INADEQUACIES 1002.100: CONCEPT PLAN: A subdivider may choose to submit a concept plan to the Community Development Department prior to submission of a preliminary plat. The purpose of such a concept plan is to inform the subdivider of the procedural requirements and minimum standards of the Subdivision Code, and the requirements or limitations imposed by other City ordinances, plans and/or policies. The Community Development Staff, along with other City staff, will review the concept plan and discuss any foreseeable problems or issues with the subdivider. These discussions of the concept plan shall be advisory and are not binding in regard to any subsequent plat review. The Community Development Department, notably in the case of multi-phased plats, shall have the authority to refer the concept plan to the Planning Commission and/or City Council for informal, non-binding review and comment. 1002.101 An application for review of a concept plan shall include, but not be limited to the following: ➢ A completed application on the form provided by the City which shall include the name, address and telephone number of the subdivider and the property owner, the location of the property, a description of the proposed subdivision and a working name for the proposed subdivision. ➢ The required filing fee(s) as established by the City Council and set forth in the City Fee Schedule. ➢ Three (3) copies of the concept plan at a scale not less than one inch equals one hundred feet (1' = 100'). One (1) digital copy of the concept plan. ➢ The information required in Subsection 1003.100 of this Subdivision Code. 1002.200 PRELIMINARY PLAT Subdivision Code City of Prior Lake 1002/p2 1002.201 Filing. An application for a preliminary plat, signed by the subdivider and the property owner, shall be submitted to the Community Development Department. This application shall be accompanied by the following: ➢ Three (3) full-scale copies and one (1) digital copy of the preliminary plat ➢ All of the information required in Subsection 1003.200 of this Subdivision Code. ➢ A radius map and a list and labels of the names and addresses of owners of property located within five hundred feet (500') of the subject property. These shall be obtained from and certified by an abstract company or the Scott County Auditor’s Office. ➢ The required filing fee(s) as established by the City Council and set forth in the City Fee Schedule. ➢ Applications for any necessary variances from the provisions of the Subdivision Code shall be submitted with the required fee. 1002.202 In accordance with Minn. Stat. § 15.99, the City shall review the application and notify the subdivider within 15 business days of submittal whether or not the application is complete. The preliminary plat application shall not be officially submitted and considered complete until all the information requirements are complied with. 1002.203 Hearing. The Community Development Department, upon receipt of a complete application, shall set a public hearing date before the Planning Commission for public review of the preliminary plat. Notice of the hearing shall consist of the date, time and place of the hearing, a legal description of the property, a description of the property reasonably calculated to inform a person of the location, and description of the preliminary plat request and where and when information pertaining to the preliminary plat may be obtained. The hearing notice shall be published in the official newspaper at least ten (10) days prior to the hearing. Notice of the proposed subdivision shall also be posted on the City’s website at least 10 days prior to the scheduled public hearing date. Written notification of the hearing shall be mailed to all owners of land within five hundred feet (500') of the boundary of the property in question at least ten (10) days prior to the hearing. Any omission or defect, which has not impaired the ability of a surrounding property owner to participate in the proceedings, shall in no way impair the validity of the proceedings on the proposed application. In addition, the City may install development signage at the property stating that there is a proposed subdivision and providing a phone number to call for additional information. Failure to provide development signage on the site does not invalidate a public hearing notice. 1002.204 Review By Other Commissions Or Jurisdictions. The Community Development Staff shall refer copies of the preliminary plat to County, Metropolitan, State or other public entities for their review and comment, where appropriate. 1002.205 Planning Commission Action. The Planning Commission shall conduct the Subdivision Code City of Prior Lake 1002/p3 public hearing in accordance with Subsection 1109.200 of the Zoning Code. The Planning Commission may continue the public hearing as appropriate. The Planning Commission shall report its findings and make a recommendation to the City Council within ninety (90) days of the date a complete application was received by the City. If the Planning Commission has not acted upon the preliminary plat within ninety (90) days following delivery of a complete application, the Council may act on the preliminary plat without the Planning Commission's recommendation. 1002.206 City Council Action. (1) Pursuant to Minn. Stat. §15.99, the City Council shall approve, approve with conditions, or deny the preliminary plat within one hundred twenty (120) days following delivery of a complete application unless the subdivider has agreed, in writing, to an extension of the statutory review period. (2) In considering a preliminary plat application, the City Council may impose reasonable conditions and restrictions as part of the preliminary plat approval that are deemed necessary and appropriate to protect the public health, safety, and general welfare of the City. (3) If the preliminary plat is not approved by the City Council, the City Council shall adopt written findings regarding the basis and rationale for denying the application. The reasons for such action shall be recorded in the minutes of the City Council proceedings. (4) If the preliminary plat is approved, such approval shall not constitute final acceptance of the plat. Final plat approval will be required for the engineering proposals and other features and requirements as specified by the Subdivision Code. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, and general welfare of the City. (5) Once a preliminary plat is approved by the City Council, the subdivider must submit a complete application for a final plat within twelve (12) months after approval of the preliminary plat. If a subdivider fails to submit a complete application for a final plat within the specified 12-month period, the preliminary plat shall be considered void, unless a request for time extension is submitted in writing at least 30 days prior to the expiration of the existing time period and the request is approved by the City Council. Each such extension of time shall not exceed six (6) months. 1002.300 FINAL PLAT 1002.301 Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in the subsections which follow. A final plat application, signed by the subdivider and the property owner, shall be submitted to the Community Development Department accompanied by the following information. ➢ Three (3) full-scale copies and one (1) digital copy of the final plat. Subdivision Code City of Prior Lake 1002/p4 ➢ All information required in Subsection 1003.300 of the Subdivision Code. ➢ The required filing fee(s) as established by the City Council. 1002.302 In accordance with Minnesota Statutes § 15.99, the City shall review the application and notify the subdivider within 15 business days of submittal whether or not the application is complete. The final plat application shall not be officially submitted and considered complete until all the information requirements are complied with. 1002.303 City Council Action. The final plat and a signed Development Agreement shall be submitted to the City Council for review. If the City Council approves the final plat, the City Council shall adopt a resolution approving the final plat and Development Agreement. The resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, payment of fees and other requirements as indicated by the City Council. If the City Council denies the final plat, the City Council shall adopt a resolution with written findings supporting the basis for the denial. The findings for any denial of a plat shall be set forth in the minutes of the City Council proceedings and reported in writing to the subdivider. 1002.304 Special Assessments. When there are any existing special assessments which have been levied against property described in the final plat the special assessments shall either be paid in full before the final plat is released or shall be divided and allocated to the respective lots in the final plat. If the subdivider elects to divide the special assessments, the City Finance Director shall distribute the remaining assessment balance on a per unit basis, prepare a revised assessment roll and file the same with the County Auditor. If the per unit assessment is less than $1,000.00, the entire assessment balance shall be paid before the final plat is released. 1002.305 Recording Final Plat And Development Agreement. If the final plat and Development Agreement are approved by the City Council, the subdivider shall record both documents with the County Recorder or Registrar within ninety (90) days after said approval. The subdivider shall, immediately upon recording, furnish the City with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also furnish a copy of the recorded final plat in an electronic format as prescribed by the City. No building permits shall be approved for construction of any structure on any lot in said plat until the City has received evidence the final plat and Development Agreement have been recorded with the County. The final plat shall be considered void if not recorded within the ninety (90) days provided for herein unless a request for a time extension is submitted in writing prior to the expiration of the ninety (90) day period and approved by the City Council. 1002.306 Recording Final Plats Of Multi-Phased Plats. If a subdivider plans to develop a subdivision in stages over a period of time, the City Council must approve a staging plan for the development of the subdivision. The staging plan must be submitted as part of the final plat application. The approved staging plan will be incorporated into the Development Agreement. Future phases of the subdivision must be Subdivision Code City of Prior Lake 1002/p5 platted as outlots on the final plat. If a subdivision is final platted in stages, all stages must be final platted into lots and blocks, not outlots, within two (2) years after the approval of the preliminary plat unless otherwise provided in the Development Agreement. Failure to obtain final plat approval for all phases of the subdivision within the two (2) year period or within the timelines of the approved staging plan shall render the remaining stages of the preliminary plat void. 1002.400 COMBINATION OF PRELIMINARY AND FINAL PLAT APPROVAL. In some instances, due to the simplicity of the proposed subdivision, the City staff may agree to combine the preliminary and final plat process. The process may be combined only when a proposed subdivision meets all of the following requirements: ➢ The resulting subdivision contains no more than 5 lots. ➢ The proposed subdivision is located in an area where streets and utilities are in place and capable of serving the subdivision. ➢ The proposed subdivision does not require the dedication or construction of future streets and will not interfere with the development of adjacent properties. ➢ The resulting lots shall conform with all provisions of the Zoning Code unless a variance has been granted. 1002.401 Filing. An application for a combined preliminary and final plat, signed by the subdivider and the property owner, shall be submitted to the Community Development Department. This application shall be accompanied by the following: ➢ Three (3) full-scale copies, and one (1) digital copy of the preliminary plat. ➢ All of the information required in Subsection 1003.200 and in Subsection 1003.300 of this Subsection Code. ➢ A radius map and a list and labels of the names and addresses of owners of property located within five hundred feet (500') of the subject property. These shall be obtained from and certified by an abstract company or the Scott County Auditor’s Office. ➢ The required filing fee(s) as established by the City Council and set forth in the City Fee Schedule. 1002.402 In accordance with Minn. Stat. § 15.99, the City shall review the application and notify the subdivider within 15 business days of submittal whether or not the application is complete. The plat application shall not be officially submitted and considered complete until all the information requirements are complied with. 1002.403 Hearing. The Community Development Department, upon receipt of a complete application, shall set a public hearing date before the Planning Commission for public review of the combined preliminary and final plat. Notice of the hearing shall consist of the date, time and place of the hearing, a legal description of the property, a description of the property reasonably calculated to inform a person of Subdivision Code City of Prior Lake 1002/p6 the location, and description of the plat request and where and when information pertaining to the plat may be obtained. The hearing notice shall be published in the official newspaper at least ten (10) days prior to the hearing. Notice of the proposed subdivision shall also be posted on the City’s website at least 10 days prior to the scheduled public hearing date. Written notification of the hearing shall be mailed to all owners of land within five hundred feet (500') of the boundary of the property in question at least ten (10) days prior to the hearing. Any omission or defect, which has not impaired the ability of a surrounding property owner to participate in the proceedings, shall in no way impair the validity of the proceedings on the proposed application. In addition, the City may install development signage at the property stating that there is a proposed subdivision and providing a phone number to call for additional information. Failure to provide development signage on the site does not invalidate a public hearing notice. 1002.404 Review By Other Commissions Or Jurisdictions. The Community Development Staff shall refer copies of the combined preliminary and final plat to County, Metropolitan, State or other public entities for their review and comment, where appropriate. 1002.405 Planning Commission Action. The Planning Commission shall conduct the public hearing in accordance with Subsection 1109.200 of the Zoning Code. The Planning Commission may continue the public hearing as appropriate. The Planning Commission shall report its findings and make a recommendation to the City Council within ninety (90) days of the date a complete application was received by the City. If the Planning Commission has not acted upon the combined preliminary and final plat within ninety (90) days following delivery of a complete application, the Council may act on the preliminary plat without the Planning Commission's recommendation. 1002.406 City Council Action. The combined preliminary and final plat and a signed Development Agreement shall be submitted to the City Council for review. If the City Council approves the plat, the City Council shall adopt a resolution approving the plat and Development Agreement within 120 days following delivery of a complete application unless the subdivider has agreed, in writing, to an extension of the statutory review period. The resolution shall provide for the acceptance of all agreements for basic improvements, public dedication, payment of fees and other requirements as indicated by the City Council. If the City Council denies the plat, the City Council shall adopt a resolution with written findings supporting the basis for the denial. The findings for any denial of a plat shall be set forth in the minutes of the City Council proceedings and reported in writing to the subdivider. 1002.407 Special Assessments. When any existing special assessments which have been levied against property described in the plat, the special assessments shall either be paid in full before the plat is released or shall be divided and allocated to the respective lots in the plat. If the subdivider elects to divide the special assessments, the City Finance Director shall distribute the remaining assessment balance on a per unit basis, prepare a revised assessment roll, and file the same with the County Auditor. If the per unit assessment is less than $1,000.00, the entire assessment balance shall be paid before the final plat is released. 1002.408 Recording Plat And Development Agreement. If the plat and Development Agreement are approved by the City Council, the subdivider shall record both Subdivision Code City of Prior Lake 1002/p7 documents with the County Recorder or Registrar within ninety (90) days after said approval. The subdivider shall, immediately upon recording, furnish the City with a print and reproducible tracing of the plat showing evidence of the recording. The subdivider shall also furnish a copy of the recorded plat in an electronic format as prescribed by the City. No building permits shall be approved for construction of any structure on any lot in said plat until the City has received evidence the plat and Development Agreement have been recorded with the County. The plat shall be considered void if not recorded within the ninety (90) days provided for herein unless a request for time extension is submitted in writing prior to the expiration of the ninety (90) period and approved by the City Council. 1002.500 CIC PLATS. CIC Plats shall be considered a final plat and shall be processed according to the procedures listed in Subsection 1002.300 of the Subdivision Code. 1002.600 EFFECT OF SUBDIVISION APPROVAL. For one (1) year following preliminary plat approval and for two (2) years following final plat approval, unless the subdivider and the City agree otherwise, no amendment to the City of Prior Lake's Comprehensive Plan, Zoning Code or Subdivision Code shall apply to or affect the use, development density, lot size, lot layout, or dedication required or permitted by the approved plat. Thereafter, upon resolution of the City Council, the City may extend the period by agreement with the subdivider, or it may require submission of a new plat unless substantial physical activity and investment has occurred in reasonable reliance on the approved plat and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new plat. 1002.700 PREMATURE SUBDIVISIONS. Any preliminary plat/final plat and/or subdivision may be determined to be premature should any of the provisions which follow exist: (1) Lack Of Adequate Drainage. A condition of inadequate drainage exists if any of the following provisions exist: ➢ Surface or subsurface water retention and runoff is such that it constitutes a danger to the structural integrity of the proposed structures. ➢ The proposed site grading and subdivision will cause pollution of water sources or damage from erosion and siltation on downhill or downstream land. ➢ Storm trunk facilities and/or regional ponding facilities that will serve the proposed plat have not yet been constructed. ➢ Factors to be considered in making the determinations regarding a, b and c above may include, but are not limited to: average rainfall for the area; the relation of the land to flood plains; and the nature of soils and subsoils and their ability to adequately support surface water runoff. (2) Lack Of Adequate Water Supply. A proposed subdivision lacks an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision when developed to its maximum permissible density without causing an unreasonable depletion of existing water supplies for Subdivision Code City of Prior Lake 1002/p8 surrounding areas. (3) Lack Of Adequate Roads Or Highways To Serve The Subdivision. A proposed subdivision lacks adequate roads or highways to serve the subdivision when any of the following provisions exist: ➢ Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that the increase in traffic volume generated by the proposed subdivision would be detrimental to the City’s interest in promoting and protecting the public safety and general welfare, or seriously aggravate an already dangerous or hazardous condition, or when, with due regard to the advice of Scott County and/or the Minnesota Department of Transportation, said roads are inadequate for the intended increased use. ➢ The traffic volume generated by the proposed subdivision would decrease the level of service on highways existing at the time of the application or proposed for completion within the next two (2) years. Level of service is a description of traffic conditions along a given roadway or at a particular intersection. The level of service ranges from "A" (free flow of traffic with minimum intersection delays) to "F" (forced flow, jammed intersections, long delays). It generally reflects factors such as speed, travel time, freedom to maneuver, traffic interruptions and delays. (4) Lack Of Adequate Waste Disposal Systems. A proposed subdivision lacks adequate waste disposal systems if, in subdivisions for which sewer lines are proposed, there is inadequate sewer capacity in the existing system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five (5) years. (5) Inconsistency With Comprehensive Plan. A proposed subdivision is inconsistent with the City's Comprehensive Plan when the subdivision is inconsistent with the purposes, objectives and recommendations of the adopted Comprehensive Plan of Prior Lake. Subdivisions that are not proposed in areas consistent with the criteria for allocation of MUSA reserve shall be deemed inconsistent. (6) Public Service Capacity. A proposed subdivision lacks necessary public service capacity when services such as recreational facilities, schools, police and fire protection and other public facilities, which must be provided at public expense, cannot reasonably be provided for within the next two (2) years. (7) Inconsistency With Capital Improvement Plans. A proposed subdivision is inconsistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have not been programmed in the Prior Lake, Scott County or other regional Capital Improvement Plans. The City Council may waive these criteria when it can be demonstrated that a revision to the City capital improvement plan can be accommodated. 1002.701 Burden of Establishing. The burden shall be upon the subdivider to show that the proposed subdivision is not premature. Subdivision Code City of Prior Lake 1002/p9 1002.702 Process Used to Define a Premature Subdivision. (1) Application. Upon receipt of an application for a preliminary plat or a final plat, the City staff will review the application based on the criteria listed in Subsection 1002.601 of the Subdivision Code to determine if the proposed subdivision is premature. (2) Notification. If the staff finds a subdivision premature under the criteria listed in Subsection 1002.700 of the Subdivision Code, the subdivider will be notified of the staff’s findings in writing within 15 business days of receipt of a complete application. This notification shall constitute denial of the application. (3) Appeal. Any owner of affected property or any subdivider may appeal the staff finding of a premature subdivision to the City Council. The appeal must be in writing and must be filed with the Community Development Department within 5 calendar days after the date of the written notification of the decision. The required fee, as set by the City Council in the City Fee Schedule, shall be paid when the appeal request is filed. The Community Development Department shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual property notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within five hundred feet (500') of the property included in the request. Failure of a property owner to receive said notice shall not invalidate any such proceedings. The City Council shall hear the appeal within 30 days of the filing of the appeal unless that period is extended with consent of the appellant. The City Council shall render a decision within 30 days of the conclusion of the appeal hearing. 1002.800 REGIONAL SYSTEM SERVICE INADEQUACIES 1002.801 Existing Conditions. An approved preliminary plat or building permit within an approved final plat may be deemed as premature development if any of the following conditions set forth are found to exist: ➢ The regionally controlled metropolitan sanitary sewer interceptors or waste water treatment facilities are classified as having inadequate capacity to provide service within the standards of recognized public health and safety. ➢ Responsible metropolitan units of government prohibit the City from issuing building permits. ➢ Regional transportation systems are deemed as inadequate to provide service levels within standards of recognized public safety. ➢ Storm drainage systems under the jurisdiction of regional watershed districts, the Army Corps of Engineers, the Minnesota Department of Natural Resources, or other such responsible jurisdictions are inadequate to provide service levels within standards of recognized public health and safety. Subdivision Code City of Prior Lake 1002/p10 1002.802 City Liability Exemption. All preliminary and final plat approvals and related formal Development Agreements shall stipulate and shall exempt the City from any liability associated with platting or building permit denial based upon factors and conditions related to regional governmental agency and unit jurisdictions and related service inadequacies. (Ord. Amd. 118-13, publ. 08/11/2018) (THIS SPACE INTENTIONALLY BLANK.)