HomeMy WebLinkAboutOrdinance No. 4416 - Second Reading: Ordinance amendment relating to Vertical Subdivision DevelopmentORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 61.200, AND
CREATING AND ENACTING SUBDIVISION 7 OF SECTION
61.211 AND CREATING AND ENACTING SUBDIVISION 4
OF SECTION 61.230 OF THE ROCHESTER CODE OF
ORDINANCES, RELATING TO CHANGES TO FACILITATE
VERTICAL SUBDIVISION DEVELOPMENT.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Section 61.200 of the Rochester Code of Ordinances is hereby amended to
include the following definitions:
Registered Land Survey (RLS): The drawing or map of a subdivision
prepared for filing of record pursuant to Minnesota Statutes, Chapter 508.
Registered Land Survey must go through appropriate application process
to become Registered Land or Torrens property.
Vertical Subdivisions: The three-dimensional subdivision of space into
separate ownership parcels within an existing building or proposed building
project by registered land survey.
Section 2. Subdivision 7 of Section 61.211 is hereby created and enacted to read as
follows:
Subd. 7. The Zoning Administrator may waive the requirement of a General
Development Plan when the applicant is required to receive approval of an
Incentive or Restricted Conditional Use Permit or Site Development Plan for a
project that will be approved under the provisions of a Registered Land Survey.
Section 3. Subdivision 4 of Section 61.230 is hereby created and enacted to read as
follows:
Subd. 4. Vertical Subdivisions; an applicant may request approval of a Vertical
Subdivision Final Plat. The vertical subdivision is intended to allow a lot to be split
into new lots that are defined by complex multi -dimensional volumes. In the
consideration of a Vertical Subdivision, Council must consider the demand for
adequate public facilities generated by subsequent phases of the development and
must require a development agreement as to the design and construction of
adequate on -site or off -site public or private facility improvements required to serve
the subsequent phases.
A. Simple Vertical Subdivision. The platted area is vertically separated by simple
planes across the entire extent of the lot. The vertical subdivision is intended to
allow each vertical component of the lot to be located within a separate legal
parcel, and not to subdivide individual tenant spaces and/or residential units.
B. Complex Vertical Subdivision. The platted area is separated by anything other
than simple planes across the entire breadth of the lot. Depending on the
complexity of a Complex Vertical Subdivision Final Plat, staff may require a
graphic model, and/or sections that clearly shows the proposed volume of the
lots to be created. Each lot's volume should be shown in contrasting colors
from at least two perspectives so that the proposal can be more readily
understood. The purpose of this model is to both assist staff that are reviewing
the proposal, as well as to help those in the future who may need to look at the
record copy without any context or other explanation.
C. Prior to the submittal of a Vertical Subdivision, the developer must have first
obtained approval of a Site Development Plan in accordance with Section
62.580; A Restricted Development CUP, in accordance with Section 62.700,
or an Incentive Development CUP in accordance with Section 62.600.
D. All Vertical Subdivisions filed with the Zoning Administrator shall be subject to
the same procedure as required for the filing of a Final Plat and subject to the
requirements of the Land Development Manual, Section 61.230 Final Plats.
E. All applications for a Vertical Subdivision shall be processed through a Type III
Final Plat review with Phase I Hearing Process as identified by Section 61.234.
F. Vertical Subdivision be subject to the following:
(1) The proposed vertical subdivision shall be reviewed for compliance with
the City Building and Safety Department and City Fire Department prior to
acceptance as a complete submittal.
(2) A Vertical Subdivision Final Plat application shall include:
a. Registered land survey with a cross-sectional drawing showing how
the building will be divided into separate three-dimensional ownership
tracks.
b. Legal documents which, when recorded, define how the property will
function once the individual ownership components are sold.
c. All registered land surveys shall be prepared in conformance with state
law, including Minnesota Statutes, Chapter 508.
Section 4. This ordinance shall become effective as of the date of its publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2020.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2020.
MAYOR
(Seal of the City of
Rochester, Minnesota)
Ord20/61.200 et seq.docx
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