IV.7. Second Reading: Ordinance 2016-1111 Related to Waiver of Plat Standards; Lindahl (Memo)MEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, AICP
Date: April 19, 2016
Subject: Second Reading for Ordinance 2016-1111
Proposed Action
Move to adopt Resolution 2016-038, approving the second reading of Ordinance 2016-1111
amending Section 500 of the City Code related to Waiving of Plat standards and authorizing its
publication.
Overview
This application was initiated by staff to modernize and streamline the City’s subdivision regulations
relating to 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.
In addition, the current regulations do not acknowledge the requirement in Minnesota State Statute
462.358, Subd.4, prohibiting the transfer of property by metes and bounds description. Staff
recommended changes are detailed in the attached ordinance. Should the City approve the
proposed text amendment, it would:
1. Change the title of Section 500.61 from “Waiver of Plat” to “Applicability of Subdivision
Regulations and Official Controls; Conveyance by Metes and Bounds.” The language in this
section now recognizes Minnesota State Statute 462.358, Subd.4, prohibits the transfer of
property by metes and bounds description and provides for specific exceptions to this
requirement.
2. Add Section 500.63 “Administrative Subdivision/Consolidation.” This section updates and
simplifies the administrative subdivision and lot consolidation review process subject to detailed
review and approval criteria.
The first reading of this ordinance was approved by the City Council on April 5, 2016, through
Resolution 2016-034. It should be noted that the first reading of this ordinance did not include the
reference to Minnesota State Statute 462.358, Subd.4, prohibiting the transfer of property by metes
and bounds description but was add to the final version of the ordinance after review by the City
Attorney
Attachments
Resolution 2016-038
Ordinance 2016-1111
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2016-038
RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2016-1111
AMENDING SECTION 500 OF THE CITY CODE RELATED TO WAIVING OF PLAT
STANDARDS AND AUTHORIZING ITS PUBLICATION
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.
5. That the Hopkins City Council approved the first reading of Ordinance 2016-1111 on
April 5, 2016, through Resolution 2016-034.
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and
summary in the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public
of the intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City of Hopkins hereby approves the
second reading of Ordinance 2016-1111, amending Section 500 of the City Code related to waiving of
plat standards and authorizing its publication.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause
the following summary of Ordinance 2016-1111 to be published in the official newspaper in lieu
of the entire ordinance:
Public Notice
In summary, Ordinance 2016-1111 makes the following changes:
1. Change the title of Section 500.61 “Waiver of Plat” to “Applicability of Subdivision Regulations and
Official Controls; Conveyance by Metes and Bounds.” The language in this section now recognizes
Minnesota State Statute 462.358, Subd.4, prohibits the transfer of property by metes and bounds
description and provides for specific exceptions to this requirement.
2. Adds Section 500.63 “Administrative Subdivision/Consolidation.” This section updates and simplifies
the administrative subdivision and lot consolidation review process subject to detailed review and
approval criteria.
Adopted by the City Council of the City of Hopkins this 19th day of April 2016.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
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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 Applicability of Subdivision Regulations and Official
Controls; Conveyance by Metes and Bounds. Subdivision 1. Administrative Subdivision. The
City Council recognizes that strict compliance with the platting process may be unnecessary in
certain situations where the purpose of the subdivision regulations or other official controls may
be fulfilled through an administrative review process. Therefore, pursuant to Section 500.63 of
this Code an applicant may apply for an administrative subdivision or consolidation.
Subd. 2. No Conveyance by Metes and Bounds. Pursuant to Minn. Stat. § 462.358, subd.
4, no property to which the subdivision regulations or other official controls of this Code apply
may be transferred by metes and bounds description.
Subd. 3. Exception to Subdivision Regulation. The subdivision regulations contained in
this Code shall not apply to the conveyance of land by and among the City of Hopkins, Hennepin
County, the state of Minnesota, or any railroad or railroad authority for the purpose of right-of-
way, nor shall they apply to the residual land remaining following any such conveyance.
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)
478237v3 AMB HP145-9
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.
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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