Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Northpoint Plaza v. City of Rochester, 465 N.W.2d 686 (Minn. 1991). Minn. Stat. § 462.358. See LMC Information Memo, Subdivision Guide for Cities. See Handbook, Chapter 14 for more information on city subdivision ordinances. Minn. Stat. § 462.358, subd. 2b. Minn. Stat. § 462.353, subd. 4. Minn. Stat. § 462.353, subd. 4. However, it is important to emphasize that conditional use permits, once granted, are a property right. A city seeking to revoke a conditional use permit should provide the permit holder with due process, an opportunity to be heard and respond to allegations, prior to permit revocation. Procedures for revocation should be established in the zoning ordinance. VII. Conclusion: other land use controls available to cities It is important to emphasize that zoning is merely one of the tools available to a city to assist in creating a well - planned, even thriving community. A city may also use its subdivision ordinance, building and housing codes, nuisance ordinance, capital improvement programs and official map in conjunction with its zoning ordinance to achieve its planning goals and assure the social, economic and cultural future of the community. A. Subdivision ordinances Municipalities have the authority to regulate subdivisions of land for many reasons including but not limited to encouraging orderly development and planning for necessities such as streets, parks and open spaces. Cities have the authority to adopt a subdivision ordinance setting out the standards, requirements and procedures to review, approve or disapprove an application to subdivide tracts of land in the city. Cities have the authority to require, as part of the subdivision regulations, that a reasonable portion of buildable land in any proposed subdivision be dedicated to the public or preserved for public use as some or all of the following: • Streets, roads. • Sewers. • Electric, gas, and water facilities. • Stormwater drainage and holding areas or ponds and similar utilities and improvements. • Parks, recreational facilities, playgrounds, trails. • Wetlands. • Open space. In the alternative, city ordinance may require money instead of land; state law refers to this as "cash fees." Subdivision regulations may be as extensive as city zoning regulations. Subdivision regulations, in addition to the dedication requirements discussed above, may address: League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 44