Agenda - Council - 04/05/2011 - Special

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If a city does not adopt subdivision regulations, the city’s authority to control the development of the community is limited at best. Without city subdivision regulations, developers do not have any constraintsonthe subdivision of landand location of streets and utilities intheir developments. In these situations, developers maybe tempted to maximize their potential profits at the expense of quality. For example, they may do this by creating too many small lots for sale, developing streets that are cheaper but too narrow and unsafe,and even building homes on inappropriate soils where flooding or erosion may occur. When there are problems with a completed development, there is a potential that the city will need to step in and correct issues that affectthe health, safety,and welfare of residents. When a city must repair or replace streets, infrastructure,and utility lines, these costs are often passed along to homeowners through special assessments,potentially creating financial hardship for the homeowners in the subdivision. It is important to note, however, that state law does not require cities outside Minn. Stat. §462.358 subd 10 the metropolitan area to adopt subdivision regulations. Metropolitan cities, Minn. Stat. §§ which includes all cities in the counties of Anoka, Dakota (excluding the city 473.121 subd 2 of Northfield), Hennepin (excluding the cities of Hanover and Rockford), 473.865;473.859 subd 4 Ramsey, Scott (excluding the city of New Prague),and Washington, must adopt subdivision regulations under the Metropolitan Land Planning Act. See Section II-C-2 Metropolitan Council requirements and Metropolitan Planning Act, for more information on the Metropolitan Land Planning Act. B.Applicability of city subdivision regulations Generally city subdivision regulations will apply tomostland divisionsa Minn. Stat. § 462.352 subd.12 city encounters. The subdivision regulations generally govern all separations of “areas, parcels,or tracts of land” under single ownership into two or more “parcels, tracts, or lots.” The subdivision regulations may even apply to long- term leasehold interests, when the lease agreementnecessitatesthe creation of streets or alleys for residential, commercial, industrial,or mixed use. 1.Certain types of subdivisions exempted by state statute A fewdivisions of land are notsubject to a city’s subdivision authority. The following are excepted under state statute: Minn. Stat. § 462.352 Separations where all the resulting parcels, tracts, lots, or interests will subd.12 (1) be 20 acres or larger in size and 500 feet in widthfor residential uses. SGC5 UBDIVISION UIDE FOR ITIES