Ordinance No. 19-07 - Amending Article 10, Subdivision Ordiance
ORDINANCE NO. 19-07
An Ordinance Amending ARTICLE 10, SUBDIVISION REGULATIONS, to clarify the number of lots that may be created by lot division without platting, to amend the ordinance to allow qualifying lot divisions on an unimproved road, and to remove Article 10-104, which was previously repealed by a sunset provision.
Be it Ordained by the City Council of the City of Ham Lake, Anoka County, Minnesota as follows:
ARTICLE 10, SUBDIVISION REGULATIONS of the Ham Lake City Code is hereby amended as indicated in the following sections:
10-100 Subdivision by means other than traditional platting
10-101 Lot Divisions
Land parcels which were not created by platting may be further divided into no more than
two additional parcels of record a total of three resulting parcels of record, upon review by the Planning Commission and approval of the City Council, which may attach conditions to such lot splits, including, without limitation, the acquisition of drainage, utility and road easements as needed, parkland dedication, and drainage fund contributions. Platting of such lots shall be required in the discretion of the City Council. Land parcels which were created by platting may not be further subdivided, except as follows:
10-103 Other Requirements
Lots subdivided under this section shall be subject to all of the requirements of lots which are subdivided by the traditional platting process in terms of physical characteristics, park dedication fees, and the dedication of easements for road, drainage or utility purposes. When a lot is subdivided without platting, as outlined in 10-101, and the resulting lots are all 10 acres or more in size, those lots shall not be required to have access onto a paved public road. The resulting lots from these lot divisions shall still be subject to all of the other lot standards and requirements outlined in this code. City approval of the lot subdivision and of any building permits or certificates of occupancy on the lots may be conditioned upon the property owner entering into a written agreement with the City that commits the property owner to dedicate easements and to waive any challenge to the imposition of special assessments related to future street paving projects on adjacent roads.
10-104 Estate Related Divisions
A. Preamble The City of Ham Lake recognizes that due to the 21st Century economic recession that began circa 2006 in the real estate industry, there is a severe lack of demand for new residential lots, and literally no new residential developments have surfaced in the City during this time. As a result, persons acquiring real estate parcels via inheritance (“Inherited Property”) have no real opportunity to divest themselves of ownership through sales to land developers, and no ready market if they subdivide inherited land into saleable lots. There is therefore a temporary need to allow subdivision by means other than platting, to enable inheriting parties to divide inherited lands among the heirs, without the need to build roads, pay park dedication fees, or otherwise incur development costs. The purpose of this Article 10-104 is to recognize this temporary situation and to allow subdivisions to accommodate the heirs of such property. It is the City’s intention in this Article 10-104 to allow distributions of property only, and not to serve a land development mechanism.
B. Qualifying Property In order to qualify for the provisions related to Inherited Property, the property must meet all of the following conditions:
1) The property size before the event that triggered the inheritance must have been at least five acres;
2) The Inherited Property must be divided into parcels that are approximately equal in value for each heir inheriting or otherwise obtaining title;
3) No subdivided parcel may be less than 2.5 acres in size;
4) Each subdivided parcel must have at least 200 feet of frontage on a public road, meet current livability standards for ISTS installation, and be capable of meeting all setback requirements for residential lots;
5) Prior to the event that triggered the inheritance, the Inherited Property was owned by a single individual or an entity set up specifically to serve as an estate-planning tool. Business corporations do not qualify as such entities.
6) Each subdivided parcel is to be conveyed to an heir or named beneficiary of the prior owner of the main parcel;
C. Subdivision Requirements Subdivisions of Inherited Property may be implemented without platting on approval of the City Council after review by City staff. If the property qualifies as Inherited Property, then the lots subdivided may be stamped as approved for recording, but shall not be required to pave adjoining unpaved roads. The applicants may be required to pay park dedication fees, drainage contribution fees or other traditional subdivision fees. However, such fees may also be deferred to future development situations involving the subdivided lots, which may include a requirement for payment of such fees at the time a building permit is requested. In addition, the City may require dedication of drainage, utility and road easements as a condition of approval. All costs of City review and implementation of approvals shall be paid by the applicants prior to stamping any document of conveyance.
D. Restrictions on Usage; Development Agreement Subdivided lots under this section are not eligible for building permits until and unless all of the lots created by this method of subdivision meet City standards for road access, frontage, paving and other road requirements, as well as all other lot standards under the City’s codes. A Development Agreement so stating shall be recorded prior to stamping the documents of conveyance creating the lot(s). Notwithstanding the foregoing, building permits may be issued for repairs and additions to structures that existed on the lots prior to the subdivision.
E. Sunset Clause This Article 10-104 shall automatically be repealed as of July 2, 2017 unless renewed by replacement ordinance.
10–430 Physical Standards
I. Lot Standards
All lots shall meet the dimensional, setback and frontage requirements as found in Table 10-1, and shall have frontage upon and access to a paved public road
., except those lots exempted from this access to paved road requirement by Article 10-103.
Presented to the Ham Lake City Council on August 19, 2019 and adopted by a unanimous vote this 3rd day of September, 2019.
Michael G. Van Kirk, Mayor
Denise Webster, City Clerk