VII.4. A Subdivision Ordinance Text Amendment Related to the Waiver of Plat Standards; Lindahl (CR2016-039)
April 5, 2016 City Council Report 2016-039
A Subdivision Ordinance Text Amendment Related to Waiver of Plat Standards
Proposed Action: Staff recommends the following motion: Move to adopt Resolution 2016-
034, recommending the City Council approve Ordinance 2016-1111, amending Sections 500 of
the City Code related to waiving of plat standards.
Overview
This application was initiated by staff to modernize and streamline the City’s subdivision
regulations relating to the waiving of plat standards. Currently, these regulations allow minor lot
divisions to be approved by the City Council after a public hearing before the Planning &
Zoning Commission, subject to certain standards. They also allow lot consolidations to be
administratively approved by staff. The challenge with the current regulations is that they create
different review and approval processes for substantially the same type of application and lack
specific standards to support those processes. Staff recommended changes are detailed in the
attached draft ordinance. Should the City approve the proposed text amendment, it would:
1. Re-define the existing “Waiver of Plat” regulations into a “Waiver of Subdivision Approval”
process.
2. Update and simplify the administrative subdivision and lot consolidation review process
subject to detailed review and approval criteria.
This memo reviews the City’s legal authority for this type of application, the proposal’s
consistency with the Comprehensive Plan, the proposed subdivision standards and potential
non-conformity issues. Based on the findings included in this report, staff recommends
approval of this request.
Primary Issues to Consider
• Consistency with the Comprehensive Plan
• Proposed Subdivision Standards
• Potential Non-Conformity Issues
Supporting Documents
• Resolution 2016-034
• Ordinance 2016-1111
• Ordinance 2014-1069
_____________________
Jason Lindahl, AICP
City Planner
Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________
Related Documents (CIP, ERP, etc.): _________________________________________
Notes:
City Council Report 2016-039
Page 2
Planning Commission Action
On March 29, 2016, the Zoning and Planning Commission reviewed Planning application 2016-
09-TA to amend Section 500 of the City Code related to waiver of plat standards. After hearing
a summary presentation from staff, the Commission held a public hearing that produced no
comment. The Commission raised questions about the provisions of the amendment that
would eliminate the public hearing for administrative subdivisions and the waiver of plat
processes. Staff stated that the recommendation to eliminate the requirement for a public
hearing would only apply to a limited number of applications and would modernize and
streamline the process for residents and property owners. After some general discussion, the
Commission voted 6-1 to recommend the City Council approve the application.
Background
The City’s waiver of plat regulations were last updated in 2014 (see Ordinance 2014-1069,
attached). At that time, the City’s regulations allowed a waiver of platting requirements if (1) the
division requested is a substantially single line; (2) the division will not create more than one
additional lot; and (3) the division will not require the dedication of a public right-of-way or
extension of utilities in a public right-of-way. Waiver of Plat applications must be approved by
the City Council after a public hearing before the Planning & Zoning Commission.
The 2014 update to these regulations added a lot consolidation process. It allowed for
consolidating two lots into one provided the resulting lot conforms to all applicable zoning
ordinance requirements. Under these regulations, lot consolidation applications are reviewed
and approved administratively by the Zoning Administrator.
Legal Authority. Text amendments are legislative actions in that the City is creating new
standards to regulate the development of certain types of uses and/or structures. Under the law,
the City has wide flexibility to create standards that will ensure the type of development it
desires; however, it should be noted that the proposed regulations must be reasonable and
supported by a rational basis relating to promoting the public health, safety and welfare.
Primary Issues to Consider
Consistency with the Comprehensive Plan. The proposed text amendment is consistent with
the goals and implementation strategies of the Comprehensive Plan. The applicable goals or
implementation strategies from the Comprehensive plan, along with staff’s findings for each, are
detailed below.
• Review and Update Zoning and Subdivision Regulations
Findings: The Comprehensive Plan includes several goals related to redevelopment. It also
identifies strategies to implement its goals. Specifically, the Comprehensive Plan identifies
the implementation strategy to review and update the City’s zoning and subdivision
regulations. Updating the subdivision regulations is consistent with the City’s overall
redevelopment goals in the Comprehensive Plan.
Zoning Standards. The proposed text amendment would make changes to Section 500.61
Waiver of Plat and create Section 500.63 Administrative Subdivisions and Lot Consolidations.
Staff finds these changes to be reasonable in that they will promote the public health, safety and
City Council Report 2016-039
Page 3
welfare by establishing a more modern and streamlined platting alternatives process. Specific
changes to each section are outlined below. They are based on staff research of communities
across the metropolitan area including, but not limited to, the cities of Eden Prairie, Minnetonka
and Savage.
Section 500.61 is currently titled “Waiver of Plat” and allows for minor divisions and
consolidations. Divisions are allowed after a public hearing and approval by the City Council if
(1) the division requested is a substantially single line; (2) the division will not create more than
one additional lot; and (3) the division will not require the dedication of a public right-of-way or
extension of utilities in a public right-of-way. Consolidations may be approved administratively
by staff provided the resulting lot conforms to all applicable zoning ordinance requirements.
Staff believes it is more appropriate to retitle this section “Waiver of Subdivision” to empower
the City Council to completely waive the review requirements in limited situations where
compliance with the subdivision ordinance would create an unnecessary hardship and failure to
comply does not interfere with the purpose of the subdivision regulations. Waiver of
subdivision would not require review by the Planning & Zoning Commission or a public
hearing, but would require review and approval by the City Council.
After retitling and restructuring the Waiver of Plat section to Waiver of Subdivision, staff
recommends moving the division and lot consolidation standards into the new Section 500.63
Administrative Subdivisions or Lot Consolidations. As the title implies, these applications
would no longer require a public hearing before the Planning & Zoning Commission and would
now be administratively approved by staff. These administrative approvals would be limited to
specific purpose, application, review, findings, conditions and filing language, which are detailed
in the attached ordinance. Staff believes the proposed amendments will both modernize and
streamline the City’s alternative platting process.
Nonconformities. As with any change to the City’s regulations, this text amendment has the
potential to create nonconformities; however, staff believes the proposed amendments will not
create nonconformities because they will implement procedural changes that will apply from this
point forward rather than modify an existing development standard.
Alternatives
1. Approve the proposed Subdivision Ordinance text amendment. By approving this
application, the City Council will re-define the existing “Waiver of Plat” regulations into a
“Waiver of Subdivision Approval” and update and simplify the administrative subdivision
and lot consolidation review process subject to detailed review and approval criteria.
2. Deny the proposed Subdivision Ordinance text amendment. By denying this application,
none of the above changes will occur. If the City Council considers this alternative, findings
will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2016-034
RESOLUTION APPROVING ORDINANCE 2016-1111 AMENDING SECTION 500 OF THE
CITY CODE RELATED TO WAIVING OF PLAT STANDARDS
WHEREAS, the City of Hopkins initiated an application to amend Section 500 of the City Code
related to waiving of plat standards; and,
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend Section 500 of the City Code related to waiving of plat was
initiated by the City of Hopkins on February 23, 2016;
2. That the Hopkins Planning and Zoning Commission, pursuant to published notice, held a
public hearing on the application and reviewed such application on March 29, 2016: all
persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered.
4. That the Hopkins Planning and Zoning Commission voted to recommend the City
Council approve this application.
NOW, THEREFORE, BE IT RESOLVED that the City of Hopkins hereby approves an
application to amend Section 500 of the City Code related to waiving of plat standards based on the
following Findings of Fact:
1. The zoning ordinance text amendment is consistent with the goals and implementation
strategies of the Comprehensive Plan and will promote the public health, safety and
welfare by establishing a more modern and streamlined platting alternatives process.
Adopted by the City Council of the City of Hopkins this 5th day of April 2016.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2016-1111
AN ORDINANCE AMENDING SECTION 500 OF THE CITY CODE RELATED
TO WAIVER OF PLAT STANDARDS
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That Sections 500 of the Hopkins City Code is the same and is hereby amended by adding the
following underlined language and deleting the following strikethrough language, which reads as
follows:
500.61 Waiver of Plat Subdivision Approval. In any case in which compliance with the
subdivision ordinance will create an unnecessary hardship and failure to comply does not
interfere with the purpose of the subdivision regulations, the City Council may waive compliance
by adopting a resolution to that effect and the conveyance may then be filed or recorded.
Subdivision 1. Division. In certain circumstances a waiver of plat may be more appropriate than
a subdivision to divide a property. An applicant may apply for a waiver of plat if the following
circumstances exist:
a) The division requested is a substantially single line
b) The division will not create more than one additional lot
c) The division will not require the dedication of a public right of way or extension of utilities in a public right of way.
(Amended Ord. 97-797) (Amended Ord. 2014-1069)
Subd. 2. Consolidation. In certain circumstances a waiver of plat may be more
appropriate than a subdivision to consolidate two lots into one lot, provided the resulting lot conforms to all applicable zoning ordinance requirements. (Amended Ord. 2014-1069)
Subd. 3. Application. All applications for a waiver of plat must include a survey of the property to be divided or consolidated and the new legal description(s) of the property after
the division or consolidation. This survey will also include locating all existing utilities on
the property. The owner of the property must grant easements for the utilities if needed. The
application must also include evidence of title to the property to be divided or consolidated
in a form acceptable to the City Attorney. (Amended Ord. 2006-977) (Amended Ord. 2014-
1069)
Subd. 4. Action by the Commission. Application for a waiver of plat for a division
under Section 500.61 Subd. 1 shall be referred by the planning department to the Zoning and
Planning Commission which shall hear the applicant, or representative thereof, at its next
regular meeting, provided all necessary data has been submitted. The Commission shall
recommend such conditions relating to the granting of the waiver as its deems necessary to
carry out the intent and purpose of this code and the standards in Subd. 1, or shall
recommend denial of the request. The Commission's recommendation shall be forwarded to
the City Council. (Amended Ord. 2014-1069)
Subd. 5. Action by the Zoning Administrator. An application for a waiver under Section
500.61 Subd. 2. for the consolidation of lots shall be subject to administrative review and
approval by the Zoning Administrator. The Zoning Administrator may impose conditions on the
approval. (Amended by Ord. 2014-1069)
Subd. 6. Filing. Applications for a waiver of plat shall be filed with the zoning
administrator with such filing fee as may be from time to time established by resolution of
the council. (Amended by Ord. 2014-106
500.63 Administrative Subdivisions/Consolidations.
Subd. 1. Purpose. This section is established to provide for administrative approval of
subdivisions or consolidations that meet specified criteria and for the waiver of standard platting
requirements specified elsewhere in this chapter. It is intended largely to facilitate the further
division of previously platted lots, the combination of previously platted lots into fewer lots, or
for the adjustment of a lot line by relocation of a common boundary.
Subd. 2. Application. Any person having a legal or equitable interest in a property may
file an application for administrative subdivision. An application for an administrative
subdivision or consolidation shall be filed with the Zoning Administrator on an approved form
and shall be accompanied by an accurate boundary survey and legal description of the parent
parcel and a survey and legal description identifying the resulting parcel(s) after subdivision.
Subd. 3. Review. The Zoning Administrator shall review all applications to determine
compliance with the standards identified in this section and all other pertinent requirements of
this chapter. Upon written approval of the request, the applicant shall be responsible for filing
the subdivision or consolidation survey with the County Recorder’s or Registrar of Title's office
as applicable. If the request is denied, the Zoning Administrator shall provide to the applicant a
written statement of denial stating the reasons for the denial. Any appeal of City staff’s decision
shall be made to the Planning & Zoning Commission in accordance with the procedures
specified in Section 525.15.
Subd. 4. Findings for Approval. All administrative subdivisions or consolidations shall
conform with the following:
1) The proposed subdivision will not create more than one additional lot.
2) The proposed subdivision or consolidation conforms to all development
regulations of zoning district in which the property is located.
3) The proposed subdivision or consolidation shall provide all necessary drainage
and utility easements.
4) No public improvements or dedications of right-of-way will be required.
5) The proposed subdivision or consolidation meets all design standards as specified
elsewhere in this chapter.
Subd. 5. Conditions. The City may impose reasonable conditions on any proposed
administrative subdivision or consolidation when deemed 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 drainage and
utility 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;
3) Payment of all required development and park dedication fees.
Subd. 6. Filing. If the administrative subdivision or consolidation is not recorded with
the County Recorder or Registrar of Titles within ninety (90) days after the date of approval,
the Zoning Administrator may, upon ten days written notice to the applicant, revoke the
approval in writing.
First Reading: April 5, 2016
Second Reading: April 19, 2016
Date of Publication: April 28, 2016
Date Ordinance Takes Effect: April 28, 2016
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2014-1069
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the Hopkins Zoning Ordinance No. 500 and 515 be, are the same and is
hereby amended by adding the following underlined language and deleting the following
strikedffexgh language, which reads as follows:
Section 500.61 Waiver of Plat.
Subdivision. 1. Division. In certain circumstances a waiver of plat maybe may be
more appropriate than a subdivision to divide a property. An applicant may apply for a
waiver of plat if the following circumstances exist:
a) The division request is a substantially single line
b) That The division will not create more than one additional lot
c) TheA The division will not require the dedication of public right-of-way or
extension of utilities in a public right-of-way
Subdivision 2. Consolidation. In certain circumstances a waiver of plat may b'e
more appropriate than a subdivision to consolidate -two lots into one lot,. provided the
resulting lot conforms to all applicable zoning ordinance requirements.
Subd. 2-3. Application. All applications for a wm,ie waiver of plat must include
a survey of the property to be divided or consolidated and the new legal
description(s) of the property after the division or consolidation. This survey will also
include locating all existing utilities on the property. The owner of the property must
grant easements for the utilities if needed. The application must also include evidence of
title to the property to be divided or consolidated in a form acceptable to the City
Attorney.
Subd. 3. 4. Action by the Commission. Application for a waiver of plat for a
division under Section 500.61 Subd. 1 shall be referred by the planning department to the
Zoning & Planning Commission, which shall hear the applicant or representative thereof
at its next regular meeting, provided all necessary data have been submitted. The
Commission shall recommend stteh conditions relating to the granting of the waiver as it
deems necessary te--so as to carry out the intent and purpose of this code and the
standards in Subd. 1 or shell recommend denial of the request. The Commission's
recommendation shall be forwarded to the City Council.
Subd. 5. Action by the Zoning Administrator. An application for a waiver under
Section 500.61 Subd. 2 for the consolidation of lots shall be subject to administrative
review and approval by the Zoning Administrator. The Zoning Administrator may
impose conditions on the approval.
Subd. 4, 6. Filing. Applications for a waiver of plat shall be filed with the Zoning
Administrator with such filing fee as may be from time to time established by resolution
of the City Council.
Subd. 7. The Applicant shall record a lot division or consolidation with the
Hennepin County Recorder or Registrar of Titles within 30 days of gpproval. In the case
of a lot division, the City Council's certified resolution shall be recorded. In a lot
consolidation, the Zoning Administrator shall provide the applicant with written
certification of the City's gpproval of the consolidation, which shall then be recorded.
515.07, Subd. 61. Day care facility: a licensed facility in which care is provided for one
or more children as defined and regulated per M.S.A.245 A781
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
ity Attorne ignature bate
July 1, 2014
July 15, 2014
July 24, 2014
July 24, 2014
Eug6e Jo4axwell, Mayor