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City Council Ordinance 426CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 426 AN ORDINANCE AMENDING SECTIONS OF THE MONTICELLO ZONING ORDINANCE AND SECTIONS OF THE SUBDIVISION ORDINANCE The City Council of the City of Monticello hereby ordains: Title 10 Section 22-1 [B] is hereby amended as follows: [B] Applications for conditional use permits and amendments shall be due no later than four (4) weeks plus one (1) day prior to the Planning Commission meeting at which the item is to be considered. Applications that are deemed incomplete as of that date shall be returned to the applicant in accordance with the requirements of Minn. Stat. § 15.99. The Zoning Administrator shall refer said application, along with all related information, to the City Planning Commission for consideration and a report and recommendation to the City Council. Title 10 Section 22-1 [I] is hereby amended as follows: [I] The City Council shall not grant a conditional use permit nor take any action on any zoning amendment until they have received a report and recommendation from the Planning Commission and the City staff. If the Planning Commission has not provided a recommendation within sixty (60) days of the application deadline date, the City Council may consider the application without a Planning Commission recommendation. Title 10 Section 22-2 is hereby amended as follows: AMENDMENTS - INITIATION: The City Council or Planning Commission may, upon their own motion, initiate a request to amend the text or the district boundaries of this ordinance. Any person owning real estate within the city may initiate a request to amend the district boundaries or text of this ordinance so as to affect the said real estate. The Zoning Administrator may initiate a request to amend the district boundaries or text of this ordinance, placing the request on the next Planning Commission meeting for public hearing at which proper public notice can be provided according the requirements of state law. Title 10 Section 23-6 [C] is hereby amended as follows: [C] Applications for a variance from the terms of this ordinance shall be due no later than four (4) weeks plus one (1) day prior to the Planning Commission meeting at which the item is to be considered. Applications that are deemed incomplete as of that date shall be returned to the applicant in accordance with the requirements of Minn. Stat. § 15.99. The Zoning Administrator shall refer said request along with all related information to the Planning Commission at least five (5) days prior to the regular meeting. This meeting shall be a public hearing, notice of which shall be mailed at least ten (10) days prior to the meeting to all owners of property, according to the Wright County assessment records, within three hundred fifty feet (350') of the property to which the variance relates. When a variance request pertains only to yard setback requirements, only abutting property owners need be notified. Notices sent shall also indicate the appeal process in Section 23-6, Subdivisions [G] through [I]. Title 10 Section 23-6 [E] is hereby amended as follows: [E] The request shall be referred to the City staff for a report and recommendation to be presented to the Planning Commission. A preliminary draft of the City staff's report and recommendation shall be given to the City's Planning Commission at least five (5) days prior to the meeting at which said report and recommendations are to be presented. The final report and recommendations of the City staff are to be entered and made part of the permanent written record of the Planning Commission meeting. Title 11 Section 11-3-2 [A] is hereby amended as follows: [A] FILING: Fifteen (15) copies of the preliminary plat shall be filed with the City Clerk. The required filing fee as established in Chapter 10 shall be paid, and any necessary applications for variances from the provisions of this ordinance shall be filed with the required fee before the proposed plat shall be considered officially file. All plats shall be accompanied by an abstractor's certificate, properly certified, identifying the owner of the property in question and the owners of all properties situated within three hundred fifty (350) feet of the boundary of the property in question. Applications for a Preliminary Plat shall be due no later than eight (8) weeks plus one (1) day prior to the Planning Commission meeting at which the item is to be considered. Applications that are deemed incomplete as of that date shall be returned to the applicant in accordance with the requirements of Minn. Stat. § 15.99. Applications for Preliminary Plats that consist of nineteen (19) or fewer residential units or non-residential plats of five (5) or fewer acres may, at the discretion of the Zoning Administrator, be placed on an earlier Planning Commission agenda, but in no case shall said meeting be sooner than four (4) weeks and one (1) day from the date of a complete application. Title 11 Section 11-3-3 [A] is hereby amended as follows: 11-3-3: FINAL PLAT: After the preliminary plat has been approved, the final plat may be submitted for approval as follows: [A] APPROVAL OF THE PLANNING COMMISSION: Following approval of the Preliminary Plat by the City Council, a Final Plat may be submitted for approval. The Zoning Administrator shall place the proposed Final Plat on the agenda for the next City Council which is no less than three (3) weeks later than the date of submission. No Final Plat application shall be considered complete unless that applicant shall have also submitted a revised Preliminary Plat which as been revised to reflect all required conditions of approval, a signed copy of the Development Agreement for the area 2 subject to the Final Plat, shall have paid all bills due for processing of the Preliminary Plat, and has provided evidence of adequate financial security for completion of the construction work in the proposed plat. If the City Council determines it is necessary, the final plat shall be filed with the City Clerk and submitted to the Planning Commission at least twenty (20) days prior to a Commission meeting at which consideration is requested. During the said twenty (20) days, the City staff shall examine the final plat and prepare a recommendation to the Planning Commission. Approval, disapproval, or any delay in decision of the final plat will be conveyed to the subdivider within ten (10) days after the meeting of the City Planning Commission at which such plat was considered. In case the plat is disapproved, the subdivider shall be notified in writing of the reason for such action and what requirements shall be necessary to meet the approval of the Commission. If the plat is disapproved, a waiting period of one hundred eighty (180) days shall lapse before another application can be filed on that tract of land. In cases where the preliminary plat is approved, the final plat must be filed within one (1) year of the preliminary plat approval or the approval is not valid. Title 11 Section 11-8-2 is hereby amended as follows: 11-8-2: CONVEYANCE BY METES AND BOUNDS: No conveyance in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet in width unless such parcel was a separate parcel of record at the effective date of this ordinance. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method, and the City may refuse to take over tracts as streets or roads or to improve, repair, or maintain any such tracts. Not withstanding the previous prohibition, a person may request an administrative subdivision of property described by metes and bounds under the following conditions: a. The purpose of the subdivision is to combine two (2) or more parcels of record to create a parcel conforming to the requirements of the applicable zoning district. b. The purpose of the subdivision is to divide one (1) previously platted parcel into no more than two (2) buildable parcels, both of which will be in full conformance with all applicable zoning regulations, and for which no public right of way, easements, or other drainage concerns are evident to the Zoning Administrator. Said administrative subdivision shall be subject to approval of the Zoning Administrator, who may at his or her discretion, refer the subdivision to other City staff for review and recommendation. If the Zoning Administrator approves the proposed subdivision, he or she shall place the proposed subdivision on the agenda of the next City Council meeting which is no less than three (3) weeks from the date of a complete submission. In the event that the County Recorder shall refuse to record an administrative subdivision due to the legal description of the proposed parcels or for any other reason, the applicant shall be required to comply with all of the requirements of the Subdivision Ordinance for Preliminary Plats. This ordinance shall take effect and be in full force from and after its passage and publication. Adopted by the Monticello City Council this 11 "' day of July, 2005. ATTEST: Rick Wolfsteller, City Administrator Clint Herbst, Mayor 11