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04-27 Bill No. 2021-8BILL NO. 2021-8 AN ORDINANCE REPEALING SECTION 500 OF THE RICHFIELD CITY CODE AND ADOPTING A NEW SECTION 500 RELATED TO PLATS AND SUBDIVISION REGULATIONS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Section 500 of the Richfield City Code is repealed in its entirety and replaced with a new Section 500 as follows: SECTION 500 - PLATS; SUBDIVISION REGULATIONS 671111MMIM17:1 Section 500 contains the subdivision regulations of the City of Richfield. 500.03. - Purpose. It is the intent and purpose of this Section to: (a) Protect and promote the public health, safety, and general welfare; (b) Provide for the orderly, economic, and safe development of land; (c) Assist in the implementation of the City's Comprehensive Plan; (d) Provide adequate public services and facilities; (e) Establish standards, requirements, and procedures for the review and approval or disapproval of subdivisions. 500.05. - Authority. The City Council shall be the platting authority. 500.07. - Definitions. Subdivision 1. For the purpose of this Section, the following words and terms shall have the meanings stated: Subd. 2. "Subdivision." The separation of an area, parcel, or tract of land under single ownership into two (2) or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: Bill No. 2021-8 (a) where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and 500 feet in width for residential uses and five (5) acres or larger in size for commercial and industrial uses; (b) creating cemetery lots; (c) resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. (d) resulting from acquisition by governmental agencies for public improvements or uses. Subd. 3. "Administrative Review Committee." Those persons from different City departments whose work on a day-to-day basis involves processing or review of development projects for compliance with applicable codes and standards and for the possible effects the request may have on City services or adjacent properties. Subd. 4. "Alley." A public right-of-way other than a street to serve primarily as a means of secondary access to the side or rear of adjacent properties whose principal frontage is on a street. Subd. 5. "City." The City of Richfield, Minnesota. Subd. 6. "City Standard Specifications." Design requirements maintained by the City's Public Work Department related to construction of utilities, including sanitary sewer, storm sewer and water main. Subd. 7. "Director." The Director of Community Development for the City of Richfield or the Director's designee. Subd. 8. "Lot." A tract of land which is all or part of a block and is identified on a plat. Subd. 9. "Outlot." A tract of land identified by a capital letter and is land that is not part of a block. Subd. 10. "Plat." The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes, Chapter 505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to Minnesota Statutes, Section 462.358 and Chapter 505. Subd. 11. "Registered land survey." The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota Statutes, Chapter 508. Subd. 12. "Right-of-way." Land acquired by reservation or dedication intended for public use, and intended to be occupied or which is occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses. Bill No. 2021-8 2 Subd. 13. "Street." A public right-of-way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, through way, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property. Does not include an Alley. Subd. 14. "Subdivider." Any person, firm, corporation, partnership, or association, having sufficient proprietary interest in land to subdivide and has submitted an application to effect the same under this Section. Subd. 15. "Through lot." A lot other than a corner lot, as defined in the Zoning Ordinance, abutting on two (2) or more streets. Subd. 16. "Zoning Ordinance." Appendix B of the City Code 500.09. - General Provisions. Subdivision 1. Scope. All subdivisions shall be subject to the regulations set forth in this Section and subject to the approval or disapproval of the City. When a conveyance, division, or subdivision to which the subdivision regulations of the municipality do not apply is presented to the City, the City clerk shall within ten (10) days certify that the subdivision regulations of the municipality do not apply to the particular division. Subd. 2. Conveyances prohibited. No conveyance of land that constitutes a subdivision under this Section may be filed or recorded, if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after the effective date of this Section. The foregoing provision does not apply to the conveyance if the land described meets any of the criteria in Minnesota Statutes, Section 462.358, subd. 4b(b). Subd. 3. Registered land surveys. Registered land surveys shall not be used to avoid the requirements of these subdivision regulations. All registered land surveys which constitute a subdivision as defined in this Section shall be subject to the provisions herein contained. All registered land surveys shall be prepared pursuant to Minnesota Statutes, Chapter 508. Subd. 4. - Common Interest Community Plats. Except as provided in Minnesota Statutes Section 515B.1-106, plats for common interest communities prepared pursuant to Minnesota Statutes, Chapters 505, 508, or 508A shall be reviewed pursuant to the provisions herein contained. Developments using plats for common interest communities prepared pursuant to Minnesota Statutes, Section 51513.2-1101(c) shall be subject to park dedication requirements and other similar development fees applicable Bill No. 2021-8 3 to subdivisions platted under Minnesota Statutes, Chapter 505 and a copy of such plat shall be delivered to the City no later than the date such plat is recorded. Subd. 5. Violations and Penalties. (a) Building permits. No building permit may be issued for the construction of any building on a parcel conveyed or subdivided in violation of this Section. (b) Injunction. In addition to imposing the penalty provisions of Section 115 of the City Code, the City may bring appropriate proceedings to enjoin any conveyance not complying with this Section. 500.11. -General Subdivision Procedures. Subdivision 1. Pre -Application conference. In order to provide for the orderly and expeditious processing of subdivision applications, subdividers are encouraged to confer with City staff before preparing a subdivision application to become familiar with all applicable ordinances, policies, regulations, and plans pertinent to the proposed subdivision. Subd. 2. Administrative Review Committee (ARC) Review. Subdivision applications shall not be considered complete until an Administrative Review Committee (ARC) meeting is held between the subdivider and the ARC, or the Director determines that such a meeting is not necessary. Applications must be submitted to the Community Development Department for the ARC meeting at least 28 days before the scheduled Planning Commission meeting to be considered for the agenda. Subd. 3. Application abutting a highway. Any subdivider proposing to subdivide land adjacent to a state or county highway, must submit or cause the City to submit the proposal to state and county highway departments prior to submitting a subdivision application to the City. The City will not consider an application complete until it receives a comment letter from the applicable highway department. 500.13. - Minor Subdivisions. Subdivision 1. Purpose. This subsection is established to provide for administrative approval of subdivisions or consolidations that meet specified criteria and for the waiver of standard platting requirements specified elsewhere in this Section. The minor subdivision process is intended largely to facilitate the further division of previously platted lots, the combination of previously platted lots into fewer lots, or for the adjustment of a lot line by relocation of a common boundary. Bill No. 2021-8 Subd. 2. Criteria for Approval. A minor subdivision or consolidation must comply with the following: (a) A property line adjustment that does not increase or decrease the number of parcels. (b) Lot splits resulting in no more than two (2) parcels. (c) Lot combinations of previously platted lots. (d) The land involved has been previously subdivided by plat or Registered Land Survey and is on file and of record in the Hennepin County register of deeds or registrar of titles. (e) The lot or lots have frontage on an existing improved street, if required, and access to municipal services. (f) The application will not cause the parcel or any structure on the parcel to be in violation of this Section, the Zoning Ordinance, or the building code, unless prior or concurrent approval of a variance is granted. (g) The property has not been subject to a minor subdivision in the last five (5) years. (h) Subdivisions not meeting the criteria for a minor subdivision, or where the proposed minor subdivision involves unusual elements or policy decisions that the Director determines require detailed review, shall be subject to the platting requirements and procedures in this Section. Subd. 3. Application. (a) Applications for a minor subdivision or consolidation shall be made to the Community Development Department on forms provided by the City and shall include evidence of ownership interest. The application must be accompanied by the fee specified in Appendix D of the City Code. (b) Applications must include three (3) copies of a certificate of survey and one (1) electronic copy drawn to an engineer's scale with the new lots and new legal descriptions including: (a) Existing and proposed property lines (b) Dimensions of the existing and proposed parcels. (c) The area of the existing and proposed parcels. (d) All existing structures, including dimensions to existing and proposed property lines. (e) All visible encroachments. (f) All easements of record. (g) Distance between any existing driveways and existing and proposed property lines. (h) Trees that will be lost due to any proposed construction. Bill No. 2021-8 Subd. 4. Review. The Director will review the application to determine compliance with this Section. The Director will approve or deny the application and will notify the subdivider of the decision in writing. If the application is denied, the Director will state the reasons for the denial. Any person aggrieved by the decision of the Director may appeal to the Board of Adjustments and Appeals in the manner described in Section 500.29. Subd. 5. Filing. The subdivider must file a final minor subdivision or consolidation with the Office of the Hennepin County Recorder or Registrar of Titles. Evidence of proper filing must be submitted to the Director prior to issuance of any building permits. If a minor subdivision or consolidation is not recorded within one (1) year after the date of written approval, the Director may, upon ten (10) days written notice to the subdivider, revoke the approval in writing. 500.15. - Platting; Preliminary Plat Subdivision 1. Purpose. A preliminary plat ensures that sufficient information is provided by the subdivider to determine conformance with City Code requirements and to evaluate the impact of the proposed plat on surrounding property and public facilities and services. Subd. 2. Application. Application for preliminary plat approval shall be made with the Community Development Department on forms provided by the City and shall include evidence of ownership interest. The application must be accompanied by the fee specified in Appendix D of the City Code. The Director's recommendation, along with that of any other affected City department, shall accompany each application at the time of its presentation to the Planning Commission for recommendation and City Council for approval. Subd. 3. Preliminary Plat Content. The preliminary plat shall be drawn at a minimum scale of not less than one inch to 100 feet and shall contain, or have attached, the following information. The plat shall be prepared by a registered surveyor. (a) Identification and Description (1) Proposed name of subdivision (2) Legal description of the property according to the records in the Office of the Hennepin County Recorder. (3) Name and contact information for the owner, owner's agent, subdivider, surveyor and designer of the plat. (4) Graphic scale, North point. (5) Date of preparation. Bill No. 2021-8 (b) Existing Conditions (1) Boundary lines, boundary line dimensions, and total acreage of proposed plat. (2) Location, widths and names of existing or previously platted streets or other public ways, parks and other public lands, permanent buildings and structures, easements and section and corporate lines within the preliminary plat and to a distance 100 feet beyond the boundary line. (3) Boundary lines of adjoining land, within 100 feet, identifying by name and ownership. (4) Location and size of existing sanitary sewer, water, storm sewer, telecommunications, electricity, natural gas facilities within the preliminary plat and to a distance of 100 feet beyond the boundary line. Data such as grades, rim and invert elevations, locations of catch basins and manholes, and fire hydrants shall also be provided. (5) Two (2) foot (minimum) contours showing existing and proposed ground elevations. (c) Design Features (1) Layout, numbers and preliminary dimensions of lots and blocks, building setback lines, and lot width at the front setback line. (2) Layout of all proposed streets, showing right-of-way widths, pavement widths, center line gradients, and typical cross sections. (3) Location of ingress and egress to the platted area, including existing and proposed driveway locations. (4) Location and width of existing or proposed alleys, pedestrian ways, and trails. (5) Location, dimensions, and purpose of all easements. (6) Location, type, size, grades, and rim and invert elevations of existing and proposed sanitary sewer, storm sewer, water mains, culverts, catch basins, manholes, hydrants, and other underground structures. (7) Schematic storm sewer, sanitary sewer, and water layouts, illustrating invert and top rim elevations, proposed gradients, direction of flow, emergency overflow locations and elevations, hydrant locations, and drainage areas. (d) Other Information (1) Statement of the proposed use of lots, including residential building types and number of dwelling units and types of business or industrial use. (2) Proposed protective covenants, deed restrictions, or homeowners' association rules. Bill No. 2021-8 Subd. 4. Publication; Notification; Public Hearing. Upon determination by the Director that a preliminary plat application is complete, the Director shall set a public hearing with the Planning Commission. Notice of the hearing shall be published in the City's official newspaper at least ten (10) days prior to the hearing. Defects in the notice shall not invalidate the proceedings. Subd. 5. Planning Commission Review. The Planning Commission shall conduct the hearing and report upon findings and make recommendations to the City Council. The Planning Commission may recommend approval or denial for all or parts of the preliminary plat. The Planning Commission may recommend such changes or revisions to the plat or conditions of approval as necessary for the health, safety, general welfare, and convenience of the City. Subd. 6. City Council Review The City Council shall either approve or disapprove the preliminary plat within one - hundred twenty (120) days after the subdivider submits a complete application, as determined by the Director, unless the subdivider agrees to an extension. The City Council may approve or deny all or parts of the preliminary plat. The City Council may require such changes or revisions to the plat or conditions of approval as it deems necessary for the health, safety, general welfare, and convenience of the City. Approval of the preliminary plat shall not constitute final acceptance of the subdivision. If the preliminary plat is not approved, the reasons for such action shall be recorded in the proceedings of the City Council and transmitted to the subdivider. Subd. 7. Approval Standards. The Planning Commission, as a basis for their recommendation, and the City Council, as a basis for their approval, must make the following findings prior to approval of a preliminary plat: (a) The subdivision is in conformance with this Section and the applicable regulations of the Zoning Ordinance; (b) The subdivision does not conflict with any goals or policies of the Comprehensive Plan or other sub- area plan; the Capital Improvements Program; or any other City policy or regulation. (c) The subdivision can be economically served with public facilities and services. (d) The subdivision design mitigates potential substantial and irreversible negative impacts on the environment, including, but not limited to: topography; steep slopes; trees; vegetation; naturally occurring lakes, ponds, rivers and streams; susceptibility of the site to erosion, sedimentation or flooding; drainage; and storm water storage needs; (e) The subdivision will not be detrimental to the public health, safety or welfare. Bill No. 2021-8 Subd. 8. Expiration. If the preliminary plat is approved by the City Council, the subdivider must file the final plat within one (1) year after said approval, or approval of the preliminary plat shall be considered void, unless a written request for a time extension is approved by the City Council. Once a final plat is approved, the preliminary plat expires at the time the corresponding final plat expires. For a preliminary plat involving a multiple phase subdivision, the preliminary plat approval for any remaining phases expires two (2) years after the most recent final plat approval for a prior phase is recorded. Subd. 9. Permits. Grading and/or footing foundation permits may be issued following preliminary plat approval. Approval of a grading or foundation permit does not obligate the City to approve a final plat. 500.17. - Platting; Final Plat Subdivision 1. Generally. A final plat must contain all the information required for recording purposes. Final plat approval may occur at the same meeting as preliminary plat approval, or at a later date, at the discretion of the City. Subd. 2. Application. Applications for final plat approval must be on the form provided by the City and must include evidence of ownership interest and the fee specified in Appendix D of the City Code. The Director's recommendation, along with that of any other affected City department, shall accompany each application at the time of its presentation to the City Council . Subd. 3. Final Plat Contents. The final plat must contain all modifications required during preliminary plat review. The contents of the final plat, including certifications and size of the final plat materials, shall conform to the requirements of Minnesota Statutes and the Hennepin County Plat Manual. The final plat shall contain signature lines for the City Manager and Mayor. Subd. 4. City Council review. The City Council shall either approve or disapprove the final plat application within sixty (60) days after the subdivider submits a complete application, as determined by the Director, unless the subdivider agrees to an extension. Subd. 5. Filing Document. Following final plat approval, the subdivider shall submit two (2) mylar copies of the final plat to the Community Development Department forCity official signature. Prior to release of the City official -signed plat, the following must occur: (a) The plat shall be executed by all required parties; Bill No. 2021-8 (b) The public infrastructure contract shall be executed, if applicable; (c) The submittal of all required fees and appropriate financial guarantees to the City, if any, ensuring the subdivider's performance of the terms of these regulations; (d) The submittal, in recordable form, of all required easements and deeds as required by the City in a form approved by the City Attorney. Subd. 6. Recording. A subdivider must file a final plat with the Office of the Hennepin County Recorder or Registrar of Titles within two (2) years of approval, unless a time extension has been granted. Evidence of proper filing must be submitted to the Community Development Department prior to issuance of any final occupancy permits. 500.19. - Construction and Maintenance Agreement In order to effectuate the provisions of this Section, the owner or subdivider must enter into a construction and maintenance agreement with the City providing for the installation and maintenance of the infrastructure and right-of-way improvements required by this Section. The contents of the agreement will provide for, among other things, security to the City in such amount as the City Engineer deems to be adequate to insure the satisfactory completion of the improvements. The construction and maintenance agreement shall be satisfactory in form and substance to the City Attorney. 500.21. - Design Standards The provisions in subdivisions one (1) through seven (7) of this subsection are the minimum design standards for subdivisions in the City. Subdivision 1. Lots. (a) Lot dimensions. Lot dimensions must comply with the minimum standards of the Zoning Ordinance, unless prior or concurrent approval of a variance is granted. A subdivision shall not result in the creation of a nonconforming structure unless prior or concurrent approval of a variance is granted nor shall a subdivision result in the creation of a nonconforming use. (b) Street Frontage. All lots shall abut and have direct access to an improved street except that lots in Planned Unit Developments may have frontage on a private street or other approved means of access. (c) Side lot lines. Side lot lines generally must be at right angles to or radial to street lines. Bill No. 2021-8 10 (d) Through lots. Through lots shall be avoided, but may be allowed where lots back on a thoroughfare or other arterial street, or where topographic or other conditions render subdividing otherwise unreasonable. (e) No Split Zoning. Lots must not be created which result in split zoning classifications. Subd. 2. Streets. (a) Arrangement. The arrangement of streets in new subdivisions or plats shall be so laid out as to provide a continuation of existing streets of adjoining areas, whether in the City or in adjoining municipalities or the projection of east -west or north -south streets of the City if there are no adjoining streets. Offset or irregular streets are prohibited unless the topography of the area concerned makes the construction of regular streets impossible or impractical. (b) Width. The width of street right-of-way shall be not less than the minimum street width established herein, unless existing conditions make a street of less width more suitable, as approved by the City Engineer. (1) Major streets. Major streets, which include Penn Avenue, Lyndale Avenue, Nicollet Avenue, Portland Avenue, Cedar Avenue, and 66th Street, shall be 100 feet in width. (2) Xerxes Avenue, Chicago Avenue and 12th Avenue shall be 66 feet in width. (3) Minor Streets. The minimum width for minor streets shall be 60 feet. (c) Cross Sections. The street section shall comply with design standards as set forth in the City standard specifications. All street designs are subject to review and approval of the City Engineer. (d) Boulevards. Boulevard sodding shall be included as a part of the required street improvements. (e) Grades. Street grades must be approved by the City Engineer. No street shall exceed ten percent (10%) maximum grade. (f) Intersections. Streets must be laid out to intersect at right angles, whenever possible. Intersection angles must not be less than 60 degrees unless otherwise approved by the City Engineer. (g) Vertical curves. Different connecting street gradients shall be connected with vertical curves. Minimum length, in feet, of these curves shall conform to the requirements of the Minnesota Department of Transportation Road Design Manual, latest revision. Subd. 3. Alleys. Alleys shall not be required for any block except when topographic conditions make them necessary. The minimum width of an alley in a residential block shall be fourteen (14) feet with a pavement width of twelve (12) feet. Alleys may be Bill No. 2021-8 11 required in the rear of all business lots and, if required, shall be at least 20 feet wide. A five (5) foot cutoff shall be made to acute alley intersections. Subd. 4. Easements. A minimum five (5) foot Utility and Drainage easement is required along property lines and shall be dedicated by appropriate language, unless exempted by the City Engineer. A minimum ten (10) foot drainage and/or utility easement must be provided over public storm sewer, sanitary sewer or watermain. Subd. 5. Utilities. (a) Water and Sewer shall be designed per City Standard Specifications and per Chapter VII of the City Code. (b) Storm water facilities shall be designed per City Standard Specifications, per Chapter VII of the City Code, and in accordance with the City's Comprehensive Surface Water Management Plan. (c) Private Utilities. Unless waived by the City Engineer, all utility facilities, including, but not limited to, gas, electric power, and communication, shall be located underground and within utility easements, or street or alley right-of-way. Subd. 6. Sidewalks and Trails. Sidewalks and/or trails may be required and shall be designed per City Standard Specifications. Deviation from City Standard Specifications may be approved when warranted by conditions on an individual basis by the City Engineer. (a) Width: (1) A minimum six (6) foot sidewalk with a minimum six (6) foot boulevard is required, or; (2) A minimum ten (10) foot sidewalk directly behind the curb may be approved by the City Engineer when conditions constrain the arrangement described in (1). (b) Sidewalks must be concrete with saw cut joints and must provide at least a six (6) foot pathway free of obstructions. (c) Cross Slope. Sidewalks and trails must be designed with a maximum cross slope of one and one-half percent (1.5%). (d) Clear Zone. A minimum two (2) foot clear zone must be provided on the front (street) side of the sidewalk or trail and a minimum three (3) foot clear zone must be provided on the back side of the sidewalk or trail. Subd. 7. Street lighting. Street lights shall meet City Standard Specifications, including type, location, spacing and illuminance and shall be subject to approval by the City Engineer. Bill No. 2021-8 12 500.23. - Required Improvements Subdivision 1. Generally. Any required public improvements including water, sewer, stormwater drainage and storage areas, streets, alleys, sidewalks and trails, lighting, curbing, gutters, landscaping, open space, or similar utilities and improvements that the City Council deems reasonably necessary to support the proposed development, must be provided by the subdivider as a condition of the acceptance and approval of the subdivision. The design of any public infrastructure improvements must be approved by the City Engineer. Subd. 2. As -built drawings. Where improvements are not installed by the City, and prior to the City's acceptance thereof, reproducible "as built" drawings shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvement. Subd. 3. Park Dedication. In appropriate plats or subdivisions to be developed for residential uses, the Council may require that a reasonable portion of such land of sufficient size and character be set aside and dedicated to the public for public use as parks and playgrounds. The City has the option to require cash contribution in lieu of accepting dedication of land or the City may require a combination of land dedication and cash payment. Any cash contribution received by the City will be placed in a special fund and used only for the acquisition of land for parks and playgrounds or other lawful purposes. Subd. 4. Survey Monuments. The subdivider must install official permanent monuments as required by Minnesota Statutes, section 505.021. All monument markers shall be correctly in place upon final grading and installation of utilities. 500.25. - Waiver of Subdivision Approval Subdivision. 1. In any case in which compliance with this Section will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the City Council may waive compliance by adopting a resolution to that effect and the subdivision may then be filed or recorded. 500.27. - Variances Subdivision. 1. Review. Subdivision variances must be reviewed and acted upon by the Board of Adjustments and Appeals. The City Council shall serve as the Board of Adjustments and Appeals. Bill No. 2021-8 13 Subd. 2. Applicability. Variations from the literal provisions of this Section may be granted by the Board of Adjustments and Appeals in instances where an unusual hardship exists upon the land. Subd. 3. Applications. Application for a variance from this Section must be made in writing by the owner or subdivider at the time the preliminary plat application is submitted. Applications for approval of a subdivision variance shall be made to the Director on forms provided by the City. All subdivision variance requests must be accompanied by the fee specified in Appendix D of the City Code. The application must be accompanied by: a written description of the requested subdivision variance; a discussion of how the owner or subdivider believes the application meets the required findings in Subdivision 5; and any supporting information. Subd. 4. Public Hearing. Upon submission of a complete variance application as determined by the Director, the Director will set a public hearing with the Board of Adjustment and Appeals. The City will publish notice of the hearing in the City's official newspaper at least ten (10) days prior to the hearing. Subd. 5. Findings. The Board of Adjustments and Appeals must make all of the following findings prior to approval of any subdivision variance: (a) An unusual hardship exists that justifies the subdivision variance; (b) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are generally not applicable to other property; (c) The unusual hardship is not the result of actions of the subdivider; (d) The variance requested is the minimum variance necessary to address the unusual hardship; (e) The variance will not conflict with the purpose and intent of this Section or the goals and policies of the Comprehensive Plan; and (f) The variance will not have a substantially detrimental impact on neighboring property owners or the public welfare. 500.29. - Appeals. Subdivision. 1. Appeals of decisions of the Director. Appeals of decisions of the Director must be reviewed and acted upon by the Board of Adjustments and Appeals. The City Council shall serve as the Board of Adjustments and Appeals. An appeal from a decision of the Director must be in writing and state the specific grounds upon which Bill No. 2021-8 14 the appeal is made. The appeal must be submitted to the Community Development Department within ten (10) days of the date of the Director's written decision. Subd. 2. Hearing. Upon submission of a complete appeal application as determined by the Director, the Director will schedule a hearing with the Board of Adjustment and Appeals. Subd. 3. Procedures. The Director shall prepare reports and other necessary information for the Board of Adjustments and Appeals. The Board shall make a decision on the appeal by adopting written findings. A copy of the Board's decision shall be delivered by mail to the person appealing. Subd. 4. Final Decisions. A person aggrieved by a final decision of the City Council made under this Section 500 may seek judicial review by filing an action with the Hennepin County District Court within thirty (30) days after the date that the City provides written notice of the final decision to the subdivider. Section 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 27t" day of April, 2021. ft&WdjwjAz- Maria Regan Gonzalez, Mayor ATTEST: J SI_L_ Elizabeth VanHoose, City Clerk Bill No. 2021-8 15 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN Diane Erickson being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: SC Bloomington Richfield with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s), the first insertion being on 05/06/2021 and the last insertion being on 05/06/2021. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. 1�) - F By: Designated Agent Subscribed and sworn to or affirmed before me on 05/06/2021 by Diane Erickson. Notary Public vwrovwvw�w+�� DARLENE MAR1E MACPHERSON NOTAR`l PUBLIC - MINNESOTA My Commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch CITY OF RICHFIELD SUMMARY PUBLICATION BILL NO. 2021-8 AN ORDINANCE REPEALING SECTION 500 OF THE RICHFIELD CITY CODE AND ADOPTING A NEW SECTION 500 RELATED TO PLATS AND SUBDIVISION REGULATIONS This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance repeals Section 500 of the Richfield City Code and adopts a new Section 500 relat- ed to plats and subdivision reg- ulations. The ordinance updates the section of the City Code that establishes the procedures and requirements related to division of land. The approved ordinance would modify the subdivision plat review process to include review and recommendation by the City's Planning Commission with final ap- proval by the City Council. Certain subdivision applications that are simple in nature would be eligible for an administrative minor sub- division process. The approved ordinance is also intended to clar- ify and update provisions related review criteria, subdivision design standards, variances, and submit- tal requirements. Copies of the ordinance are available for public inspection in the City Clerk's office during nor- mal business hours or upon re- quest by calling the Department of Community Development at (612) 861-9760. Adopted by the City Council of the City of Richfield, Minnesota this 27th day of April, 2021. Maria Regan Gonzalez, Mayor ATTEST: Elizabeth VanHoose, City Clerk Published in the Sun Current May 6, 2021 1134817 Ad ID 1134817