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• Ch. 60 - Introductory Provisions
• Ch. 61 - Lot and Site Development Approval Procedures
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• Ch. 63 - Lot Development Standards
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• Ch. 65 - Nonconformities
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CHAPTER 61 - LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES

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61.220 LAND SUBDIVISION PERMIT:

A land subdivision permit is the initial document authorizing the creation of a subdivision.  It is recognized as the preliminary plan under state law.  For Type I subdivision, it will be the only approval required to permit the subdivision of land; for Type II and Type III subdivisions, final plat approval under the requirements of Section 61.230 will also be required before subdivision activity can proceed.

61.221 When a Land Subdivision Permit is Required:

A land subdivision permit shall be required before the subdivision (as defined) of a parcel can occur, except where the subdivision is exempted from regulation by Minnesota Statute Chapter 462.  A subdivision in which all proposed lots front on a platted or dedicated street right‑of‑way and no major changes to the right‑of‑way are proposed may be exempted from the requirements of this paragraph by the zoning administrator.

61.222 Procedure Type:

All applications for a land subdivision permit shall be processed through either a Type I, II or III review procedure according to the following requirements:

     Subdivision 1.  Type I Land Subdivision.  These land subdivisions may be processed through a Type I review procedure:

• The rearrangement of existing lot lines for either part of a platted lot or an unplatted parcel, when no additional lots or parcels are created.  The need for and provision of general utility easements, drainage easements, access easements or street easements shall be resolved prior to the approval of the subdivision.
• A single re-subdivision and rearrangement of a single parcel or group of parcels in an R-Sa,  R-1, R-1x or R-2 district so as to create no more than one additional lot or parcel, where the dedication of a street easement necessary to provide access is not involved.  The need for general utility easements, drainage easements or access easements shall be resolved prior to subdivision approval.  This procedure may be used only once per parcel.  The re-subdivision of any lot or parcel which was subdivided or modified through a Type I Land Subdivision after January 1, 1992 shall be subject to the Type II land subdivision process established in Section 61.222, subd. 2;
• Where street right of way providing access currently exists, but additional right of way is needed for improvements such as interchanges, turn lanes or acceleration lanes, the application shall be referred to the City Council for action by resolution.  This review shall be scheduled by the zoning administrator at the next regularly scheduled Council meeting and need not be a hearing;

     Subd. 2.  Type II Land Subdivision:  These land subdivisions may be processed through a Type II review procedure:

• The division of any land that will result in creation of up to five lots, provided the dedication of street easements is not involved.  For the purposes of conformance with the state law, the Type II procedure shall constitute the preliminary approval.  

     Subd. 3.  Type III Land Subdivision:  All land subdivisions that are not exempted by state statute or previously described under the Type I or II procedures shall be processed under the Phase II of the Type III review procedure, with the Phase II hearing process utilized.

61.223 Notices:

Notice of proposed action required by the Type II procedure shall be sent to all owners whose property directly abuts the property under consideration, or who are separated from it by only a street, alley, railroad right‑of‑way, trail easements, walkway, or public body of water.  Notice of public hearing required under the Type III procedure shall be provided in accordance with Section 60.630.

61.224 Submission Criteria:

Submission Criteria:  Appendix B outlines the information that is to be submitted with an application for any type of land subdivision permit.

61.225 Findings for Land Subdivision:

  The Zoning Administrator, Commission or Council shall approve a development permit authorizing a land subdivision if all of the following findings with respect to the proposed development are made:  

1. The proposed land subdivision conforms to all relevant requirements of this ordinance and variances have been granted to permit any nonconformance;
   
   
2. That the proposed water system and sanitary sewer system are adequate to serve the normal and fire protection demands of proposed development and to provide for the efficient and timely extension to serve future development;
   
   
3. That the plan for soil erosion and stormwater management meets the adopted standards of the City of Rochester and is consistent with the adopted Stormwater Management Plan or adopted drainage or stormwater policies;
   
   
4. That the vehicular and non-motorized system is consistent with adopted transportation plans and is consistent with the street layout standards listed in Section 64.120 and traffic service standards in Section 61.526;
   
   
5. That the lot and block layout provide for safe and convenient vehicular, service and emergency access, efficient utility service connections, and adequate buildable area in each lot for planned uses;  
   
   
6. That the proposed land subdivision has taken into account the current six-year and other Long-Range Capital Improvements Programs and the elements listed therein in the design of the subdivision;   
     
7. That the proposed subdivision, if in a residential zoning district, addresses the need for spillover parking consistent with the requirements of Section 63.426;  
   
   
8. That right-of-ways and easements of adequate size and dimension are provided for the purpose of constructing the street, utility, and drainage facilities needed to serve the development;  
   
   
9. That the proposed parks, trail thoroughfares and open space dedications are consistent with adopted plans, policies and regulations;  
   
   
10. That the proposed subdivision will not have off-site impacts on the street, drainage, water or wastewater systems that exceed adopted standards;  
    
    
11. That the proposed subdivision will not have adverse impacts on the safety or viability of permitted uses on adjacent properties;  
    
    
12. That the proposed land subdivision is designed in such a manner as to allow for continued development in an efficient manner on adjacent undeveloped lands;  
    
    
13. That the soils, topography and water tables have been adequately studied to ensure that all lots are developable for their designated purposes;  
    
    
14. That the proposed land subdivision is consistent with the standards of the City’s adopted Comprehensive Plan;  
    
    
15. That any land located within Zone A as shown on the currently adopted Flood Boundary and Floodway Maps of Flood Insurance Study, Rochester, Minnesota, prepared by the Federal Emergency Management Agency, is determined to be suitable for its intended use and that the proposed subdivision adequately mitigates the risks of flooding, inadequate drainage, soil and rock formations with severe limitations for development, severe erosion potential, or any other floodplain related risks to the health, safety or welfare of the future residents of the proposed subdivision in a manner consistent with this ordinance;  
    
    
16. That the proposed land subdivision, if approved, would not result in a violation of federal or state law, or city or county ordinance; and 
    
    
17. That the proposed land subdivision permit is consistent with any approved and applicable General Development Plan, Conditional Use Permit or Traffic Impact Study

61.226 Conditions of Approvals:

Conditions on Approvals:  In considering an application for a development permit to allow a land subdivision, the approving body shall consider and may impose modifications or conditions to the extent that such modifications or conditions are necessary to insure compliance with the criteria of Section 61.225.

61.227 Changes to Approved Land Subdivision Permits:

Changes to Approved Land Subdivision Permits: Minor changes to the lot and block pattern, street alignment and drainage facilities or proposed utilities plans, may be made by the applicant on the application for final plat approval when the zoning administrator, in consultation with the City Engineer and other necessary referral agencies, determines that the changes will:

1. not materially alter the character of the approved Type II or Type III application;
2. not interfere with the intent and purposes of this ordinance; and
3. not create undue burden or effects on adjacent properties.

61.228 Approved Land Subdivision Permits

An approved land subdivision permit shall permit a landowner to proceed to a final plat any time within a two (2) year period.  The Council may approve a phasing plan extending the effective period of the land subdivision permit up to ten (10) years where it is the intent of the landowners to proceed to final plats covering only a portion of the site at any one time, provided that the landowner enters into a development agreement with the City.  Beyond two (2) years or, in the case of phased development, ten (10) years, the applicant shall resubmit the land subdivision permit to the Zoning Administrator for review by staff and the referral agencies to insure that the application still is in compliance with this ordinance and any requirements of other agencies.
After the expiration of two years, following approval of a land subdivision permit, changes to the final plat may be required where a change in the comprehensive plan or implementing regulations has occurred which affect compliance of the application with the ordinance.  The applicant may make the necessary changes and then proceed to a final plat, or may choose to resubmit the land subdivision permit for review through the normal permit review process.

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