2016-1111 Amending Section 500 of the City Code Related to the Waiver of Plat Standards 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. 2011 1069)
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 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. 2011
4469)
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Subd. 1. 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
carry out the intent and purpose of this code and the standards in Subd. 1, or shall
-
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. 2011 1069)
Subd. 6. F'1' g. 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. 2011 106
Subd. 7. The Applicant shall record a lot division or consolidation with the Hennepin County
Recorder or Registrar of Titles within 30 days of approval. In the case of a lot division,the City Council's
applicant with written certification of the City's approval of the consolidation, which then shall be
recorded.(Amended by Ord. 2011 1069)
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.
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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: May 5, 2016
Date Ordinance Takes Effect: May 5, 2016
c
/C7
Molly Cummings, Mayor
ATTEST:
P
Amy Domeier, City Clerk
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