Development - Sheila Sellman, City Planner
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Second Reading
Adopting a New Subdivision Ordinance. City of Blaine (Case File No. 22-0071/EES)
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Executive Summary
The existing subdivision code is largely unchanged from its adoption in 1962. A full replacement of the chapter is proposed to align the code with current practices and legal requirements.
Schedule of Actions
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Planning Commission |
11/09/22 |
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City Council (1st Reading) |
12/05/22 |
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City Council (2nd Reading) |
12/19/22 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist
The Subdivision Code governs the process by which land is subdivided and is separate from the Zoning Code which establishes standards and uses for the development of existing parcels. The current zoning code was adopted in 1984, with substantial revisions in 2020. The subdivision code was adopted in 1962 with very little modifications since that time. Staff reviewed the current subdivision code and determined that a full replacement of the code would be more effective than attempting to revise the existing code which has many variations from current statutory requirements, staff practices, and typical development requirements of other cities.
The code has six sections.
Article I: In General
This section provides definitions, establishes the authority and applicability of the code, establishes criteria for determining if a subdivision is premature, establishes a variance process, and establishes an appeals process. Changes from current code/practices include:
1. A more formal variance process and criteria for granting variances.
a. Variances are required for deviation from the standards in the subdivision code for subdivision layout and design of public improvements.
2. Establishing standards for determining if a subdivision is premature.
a. These standards ensure that land is not subdivided prior to the availability of utilities or streets to serve the subdivision.
3. A formal appeals process to limit legal liability.
Article II: Plats
This section describes the procedure for review and approval of subdivisions. Changes include:
1. Establishing a process for review of certain concept plans by the City Council. This was requested by the Council and adopted through an administrative policy earlier this year. The new subdivision code would codify that policy. Subdivisions with 50 or more lots requesting DF zoning would be required to have a concept plan reviewed by the City Council prior to submitting a preliminary plat application.
2. Establishing application requirements that better allow for review of conformance with zoning, subdivision code, and comprehensive plan requirements.
3. Requiring the submission of construction documents at the time of final plat application, which is standard practice in other communities.
4. Establishing an administrative subdivision process to replace the current waiver of platting process. The waiver process is not codified in the current subdivision code and therefore does not have any standards attached to it. The proposed code provision establishes which subdivisions can go through the simpler process, and allows for staff approval of lot splits or lot line adjustments that meet those requirements. This is a common process in other communities.
Article III: Development Contract and Required Improvements
This section outlines that the developer is responsible for the construction of necessary infrastructure and the associated development contract that is executed. No changes from current practices are proposed.
Article IV: Design Standards
This section details the standards for construction of public improvements, lot layout, and other design elements. Changes include:
1. Establishing standards for cul-de-sac length. At various times, the City has had maximum cul-de-sac lengths. Currently the code has no maximum length. The proposed code provision provides for a desired maximum length (600 feet) and a process to have a longer cul-de-sac (up to 1000 feet) if additional provisions are made for public safety.
2. Establishing consistent standards for the use of well and septic.
a. New well and septic lots must be zoned FR, or AG and meet the associated minimum lot sizes.
b. Existing homes on well or septic proposed to remain as part of proposed subdivisions must have utilities constructed to serve the homes but are not required to connect to public utilities until the well or septic fails.
3. Prohibiting new flag lots.
4. Prohibiting landlocked parcels other than multifamily or commercial complexes served through easements.
5. Standards for private streets.
6. Standards for model homes and sales offices.
Article V: Park Dedication
This section outlines the requirements of dedication of parkland, or payment in lieu of such dedication. The legal status of park dedication requirements is currently uncertain due to active litigation against the City of Burnsville. Once the Supreme Court rules on that case, a revision to the park dedication section will likely be necessary. At this time, no substantive changes are proposed to the current code other than removing the ability to charge park dedication when unplatted land is developed, which is in clear violation of state statute, and eliminating the park board review of preliminary plats which has not been completed for many years.
Article VI: Official Maps
This section outlines the process for adopting official maps. Official maps can be used by a city to specify the alignment of a road (or other public infrastructure). If construction is proposed that would be in conflict with the official map, the city council can deny the application on the basis that it conflicts with the map. The City of Blaine has not previously adopted an official map, but may have a desire to in the future. The current code does not address the adoption of an official map, but the zoning code does address the process for requesting approval of construction that conflicts with the official map.
Strategic Plan Relationship
• Replacement of the subdivision code helps to meet the information needs of the community by having an accurate, transparent, and clear description of the subdivision process.
• The proposed subdivision code supports the growth management priority of the strategic plan by ensuring subdivisions are well designed and associated costs are borne by the developer.
• The proposed subdivision code supports the well-maintained infrastructure priority of the strategic plan by ensuring new roads and utilities are well designed.
Board/Commission Review
The subdivision code does not require review by the Planning Commission, however, an informational presentation was provided to the Commission at their November meeting. The Commission did not have any comments.
Financial Impact
Not applicable.
Public Outreach/Input
No public outreach has occurred. If adopted, staff will proactively engage with developers and consultants to communicate the changes.
Staff Recommendation
By motion, approve the ordinance.
Attachment List
Subdivision Code
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown with overstrike.)
See attached.
INTRODUCED AND READ in full this 5th day of December, 2022.
PASSED by the City Council of the City of Blaine this 19th day of December, 2022.