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HomeMy WebLinkAbout0731 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE NO.: 1 AN ORDINANCE AMENDING TITLE 10 (SUBDIVISION ORDINANCE) OF THE LAKEVILLE CITY CODE. THE CITY. COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 10-1-5.A.4 of the Lakeville City Code is hereby amended in its entirety to read as follows: 4. The subdivision must comply with .the data, design and dedication requirements of this Title. . Section 2. Section 10-1-6 of the .Lakeville City Code is hereby amended as follows: LOT, CORNER: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty five (135) degrees or more. ZONING ADMINISTRATOR: The person designated by the City Administrator to be the Zoning Administrator for the City of Lakeville.. Section 3. Section 10-2-1.B of the Lakeville City Gode is hereby amended in its entirety to read as follows: B. Ten (10) copies of the plat sketch plan at a scale not less than one (1) inch equals one hundred feet. Section 4. Section. 10-2-2.A of the Lakeville City Code is hereby amended in its entirety to read as follows: A. Filing: Ten (10) copies of the preliminary plat and Fist of property owners located within five hundred feet (500') of the subject property obtained .from and certified by an abstract company, shall be submitted to the Zoning Administrator. The required filing fee(s) as established by city council resolution shall be paid and any necessary applications for variances from the provisions of this title shall be submitted -with the 1 required fee. The plat shall be officially submitted when all the information requirements are complied with. Section 5. Section 10-2-2.B of the Lakeville City Code is hereby amended in its entirety to read as follows: B. Review By Other Commissions Or Jurisdictions: The Zoning Administrator shall refer copies of the preliminary plat to the park, recreation, and natural resources committee; county soil and water conservation districts county, .metropolitan, state, or other public jurisdictions for their review and comment, where appropriate and when required. Section. 6. Section 10-2-2.C.1 of the Lakeville City Code is hereby amended in its entirety to read as follows: 1. The Zoning Administrator upon. receipt of the application shall instruct the City Clerk to set a public hearing for public review of the preliminary plat.: The hearing shall be held after adequate time. has been allowed for staff and advisory body .review of the plat. Notice of the hearing shall consist of a legal property description and description of request and shall be published in-the official newspaper at least ten (10) days prior to the hearing. Written notification of the hearing shall be mailed at least ten (10) days: prior to all owners of land within five hundred feet (500') of the. boundary of the property in question. Failure of a property owner to receive notice shall not invalidate any such proceedings as set forth within this Title. Section 7. Section 10-2-2.C.2 of the Lakeville City Code is hereby amended in its entirety to read as follows: 2. The Zoning Administrator shall instruct .the appropriate staff to prepare technical reports where appropriate and provide general assistance in preparing a recommendation on the action. Section 8. Section 10-2-3.B of the Lakeville City Code is hereby amended in its entirety to read as #ollows: B. Approval Of The Planning Commission: Ten (10) .copies of the final plat shall be submitted to the Zoning Administrator for distribution to the Planning Commission, City Council and appropriate City staff. The City staff shall examine the final plat and prepare a recommendation to the Planning Commission. Nature of approval, disapproval or any delay in decision of the final plat will be conveyed to the subdivider within ten (10) 2 days after the meeting of the City Planning.Commission at which such plat was. considered. Section 9. Section 10-3-2.D of the Lakeville City Code is hereby amended to add the following .provisions: 19. Wetland alteration permit and wetland management plan prepared in accordance with the City's Wetland Management Plan. 20. All modular block retaining walls to be constructed as part of the subdivision grading plan must meet MN/DOT requirements. A registered Engineer must design any retaining wall that has a combined height greater than four feet. The Building Official must approve the retaining wall plans. Section 10. Section 10-3-2. E.4 of the Lakeville City Code is hereby amended in its entirety. to read as follows: 4. Sewage Disposal, Public. Sanitary sewer laterals and service connections shall be installed in accordance with the design standards of the City as approved by the City .Engineer. The use of sanitary sewer ejector pumps for service to individual lots shall not be allowed, unless approved prior to installation by the City Engineer as a private utility fixture. Section 11. Section 10-3-2.E of the Lakeville City Code is hereby amended to add the following provision: 8. Public utilities must be extended to plat boundaries unless otherwise approved by the City Engineer. Section 12. Section 10-2-3 of the Lakeville City Code is hereby amended to read as follows.: 10-2-3: FINAL PLAT: Pursuant to Minnesota Statutes 462.368 Subd. 3b, an application for a final plat. shall be approved or denied within sixty (60) days from the date of its official and complete submission unless a time waiver is granted by the applicant. Additional. City .requirements are as follows: A. Review: After the preliminary plat has been approved,. the final plat shall be submitted for review as set forth in the subsections which follow. The City may agree to review the preliminary and final plats simultaneously. Request. for final plat approval, as provided within. this Title, shall be filed with the Zoning Administrator on an official application form. Unless modified by the Zoning Administrator, such application shall be 3 accompanied by a fee as provided for by City Council resolution. Such application shall also be accompanied detailed written and graphic materials fully explaining the proposed final plat. The request shall be considered as being officially submitted when all the information requirements are satisfied. In cases where an application is judged to be incomplete, .the Zoning Administrator shall notify the applicant, in writing, within ten (10) days of the date of submission. B. Approval Of The Planning Commission: Ten (10) copies of the final plat including all information outlined in Section 10-3-3 of this Title shall be submitted to the Zoning Administrator for distribution to the Planning Commission, City Council and appropriate City staff. The City staff shah examine the final plat and prepare a recommendation to the Planning Commission. Nature of approval, disapproval or any delay in decision of the final plat will be conveyed to the .subdivider within ten (10) days after. the meeting of the City Planning Commission at which such plat was considered. C. Approval Of The City Council: After review of the final plat by the Planning Commission, such final plat, together with the recommendations of the Planning Commission and the City staff shall be submitted to the City Council for approval. If accepted, the final plat shall be approved by resolution., providing for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the City Council if disapproved, the. grounds for any refusal to approve a plat shall be set forth in the proceedings: of the Council and reported to the person or persons applying for such approval D. Special Assessments: When any existing special assessments which :have been levied against the property described shall be divided and allocated to the respective lots in the proposed plat, the City Administrato_ r shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the County Auditor, and making such division and allocation, and upon approval by the Council of such cost, the same shall be paid to the City Clerk before the final. plat approval E. Recording Final Plat: If the final plat is approved by the City Council, the subdivider shall record it with the County Recorder within one hundred (100) days after said approval or approval of the final plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council. The subdivider shall, immediately upon recording, furnish the City Clerk with a print and reproducible tracing of the final plat showing evidence of the recording. No building permits shall be let for construction of any structure on anylot in said plat until the City has received evidence of the plat being recorded by the County. 4 F. Recording Final Plats Of Multi-Phased Plats: If a preliminary plat is final platted in stages unless otherwise provided in the development contract, all stages must be final.. platted into lots and. blocks, not outlots, within two (2) years after the preliminary plat has been approved by the City Council or the preliminary plat of all phases not so final platted within the two (2) year period shall be void. Section 13. Section 10-3-3.L of the Lakeville City Code is hereby amended to read as follows: L. The final grading, development and erosion control plan and the final tree. preservation plan must be prepared in accordance with the current City specifications. Section 14. Section 10-3-3 of the Lakeville City Code is hereby amended to add the following provision: N. Construction cost estimates for all required basic improvements. Section 15. Section 10-3-5.BB of the Lakeville City Code is hereby amended in its entirety to .read as follows: BB. Drainage: Maximum of four hundred (400) lineal feet of drainage from rear. yard areas permitted. Rear yard catch basins must be installed at the four hundred foot (400') mark, or as determined by the City Engineer. Section 16. Section 10-3-5.EE of the .Lakeville City Code is hereby amended in its entirety to read as follows:. EE. Ponds: Alf existing and proposed stormwater basins must have outlet elevation (oe), 100-year high water level (HWL) shown and total volume (acre feet) of storm water retention indicated above the outlet elevation. Section 17. Section 10-3-5.NN.3 of the Lakeville City Code is hereby amended to add the following provisions: e. All slopes steeper than 4:1. f. The location and elevation of any retaining walls. g. The location, restored elevation, and bottom elevation of any borrow areas, temporary sediment basin/trap, or temporary drainage ditch/culvert that were located within a proposed lot or outlot building pad, or that had a bottom elevation more than 3 feet below final grade. h. All permanent draintile installed. 5 i. Elevations of all flared ends and outlet structures for sediment basins and stormwater basins. j. The location and elevation of all landscape berms. Section 18. Section 10-4-2.J of the Lakeville City Code is hereby amended in_its entirety to read as follows: J. Access: Unless approved by the City Engineer, the grade elevation of any driveway shall not exceed: 1. Ten percent (10%) for single, two-family and townhouse dwellings. 2. Five percent (5%) for all other uses. Section 19. Section 10-4-2 of the Lakeville City Code is hereby amended to add the following provisions: N. Twinhome lot subdivisions: The subdivision of a base lot containing. twinhome dwelling units to permit individual private ownership of a single. dwelling within such a structure shall be subject to the following requirements:. 1. A property maintenance agreement shall be arranged by the applicant. and submitted to the City Attorney for review and approval. The agreement shall ensure the maintenance and upkeep of the structure and the lot to meet minimum City standards, The agreement is to be filed with the Dakota County Recorder's Office as a deed restriction against the title of each unit lot. 2. Separate public utility service shall be provided to each subdivided unit and shall be subject to review .and approval of the City Engineer. Section 20. Section 10-4-3.S.3 of the Lakeville City Code is hereby amended in its entirety to read as follows: 3. Permanent cul-de-sacs shall not be longer than six hundred (600) feet and .shall include a turnaround which shall be provided at the closed end, with a right-of-way radius -not less than sixty (60) feet. The length of the cul-de- sac shall be measured from the intersection of the centerlines of the cul- de-sac and the intersecting street to the centerpoint of the cul-de-sac right-of-way turnaround. 6 Section 21. Section 10-4-6.B.9.a(7) of the Lakeville City.Code is hereby amended in its entirety to read as follows: (7) Extended detention ofrunoff from the more frequent (1-year to 5-year) storms shall be achieved through a principle spillway design, which shall include a perforated vertical riser, a small orifice outlet or a compound weir. The spillway must be constructed of a limited maintenance material. The use of treated, or naturally decay. resistant timber shall not be allowed. Section 22. Section 10-4-6.B.9.a(9) of the Lakeville City Code is hereby amended in its. entirety to read asfollows: (9} Trash and floatable debris skimming devices shall be placed-on the outlet of all on-site detention basins to provide treatment up to the critical duration 10-year storm event. These devices can consist ofi baffled weirs, ..submerged inlets or other such measures capable of restricting the overflow of floatabfe materials, including litter, oil and grease. The skimming device must be constructed of a limited maintenance material. The. use of treated, or naturally decay resistant timber shalt notbe allowed. Computations for the design of such devices shall be included. The maximum velocity through the skimming device shall be less than 1 foot per second (fps) on the 2-year 24-hour event. Section 23. Section 10-4-6.B.9.f(1) of the. Lakeville City Code is hereby amended in its entirety to read as follows:. (1) Sedimentation capacity capable of protecting the wetland from filling due to water borne silts and sand. Where feasible, appropriately sized in-line treatment capable of being cleaned via manholes shall be preferred. Section 24: Section 10-4-11.B.3 of the Lakeville City Code is hereby amended in its entirety to read as follows: 3. During. preliminary plat review, the tree preservation plan will be reviewed according. to the best available layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees. If two (2) trees are preserved on each lot (preferably the front yard of the 1ot), the landscape plan requirements of two (2) 2'/z-inch caliper trees are waived. Section 25. Section 10-4-11.D.1 of the Lakeville. City Code is hereby amended in its entirety to read as follows: 1. Deciduous Trees:.. No less than two and. one-half (2'/a") inches in diameter. 7 Section 26. Section 10-4-12 of the Lakeville City Code is hereby amended in its entirety to read as follows: - 10-4-12: WETLANDS: A. Wetland Application: Every applicant for. a grading. permit to allow wetland disturbing activities must submit a report to the Environmental Resources Coordinator. No grading permit to allow wetland. disturbing activities shall be issued until approval of the wetland. replacement plan application or a certificate of exemption has been obtained in strict conformance with the provisions of this Title and the Minnesota Wetland. Conservation Act. This.. Title applies to all land, public or private, located within the City. B. Wetland Management Plan: Utilization and development impacts to wetlands shall be consistent with the City's Wetland Management Plan. C. Impacts To Wetland: 1. A protective buffer of natural vegetation shall surround all wetlands within areas. developed or redeveloped. after March 17, 2003 in accordance with the following provisions: a. The buffer shall have a minimum width from the'delineated edge of the wetland at the .time of development based upon the wetland classification defined by the We#land Management Plan as follows: Wetland Buffer Classification Re uirement Preserve 50 feet Manage l 25 feet for wetlands < 2acres; or, 35 feet for wetlands> 2 acres Manage I I 17 feet for wetlands < 2acres; or, 25 feet for wetlands > 2 acres Utilize 17 feet Restore 25 feet Wetland Mitigation 25 feet Sites b. The width of the buffer may be .averaged provided that a minimum buffer width is maintained equal to one-half the required buffer or seventeen feet (1 T), whichever is greater. 8 . I c. Public trails and sidewalks- that are a maximum of ten feet (10') in width can be included within the buffer provided the designated width is maintained. d. The wetland and buffer shall be platted as an outlot if established as part of a subdivision application. All other applications shall require dedication of a conservation easement. e. Exception. Property owned by the City of Lakeville shall be exempt from establishing an outlot or conservation easement for required buffer areas. 2, Building Setback. a. For properties developed or redeveloped after March 17, 2003, a building setback of ten (10') feet for a side yard and twenty feet (20') for a rear yard shall be provided from the delineated. edge of all required wetland buffers at the time of development. b. A building setback of thirty three feet (33') shall exist from .the delineated edge of all wetlands at the time of .development within areas developed or redeveloped between July 17, 2000 and Marchl7, 2003. Section 27. Section 10-5-4.A of the Lakeville Gity Code is hereby amended. in its entirety to read as follows: A. Sanitary sewers and water facilities shall be installed in accordance with the. standards and specifications as required by the City Council and subject to the approval of the City .Engineer. The use of sanitary sewer ejector pumps for service to individual lots shall not be allowed unless approved prior to installation by the City Engineer as a private utility fixture. Section 28. Section 10-5-5 of the Lakeville City Code is hereby amended in its entirety to read as follows: 10-5-5: OFF-SITE STORMWATER IMPROVEMENT CONSTRUCTION CHARGE: In accordance with the City's Comprehensive Stormwater Plan as a condition of the subdivision approval, subdividers shall pay a charge for the construction of off-site stormwater improvement. The square foot charge shall be established by resolution of the .City Council. The charge shall be based upon the gross acreage of the subdivision less the area to be dedicated to the City for ponding, parks and wetland, and right of way for State highways, County roads 9 and local arterial roadways. The subdivision will be given a credit for any on-site. stormwater improvement that has been oversized to serve property outside. the subdivision. The charge for lots oversized due to individual. on-site sewage disposal and water systems will be reduced to the charge that would be imposed on a one-half (1/2) acre lot. An additional. charge will then be imposed if the lot is further subdivided less a credit for the charge previously paid. The charge shalt be based upon. the gross acreage of the subdivision less the area to be dedicated to the. City. for pondtng, parks and wetland, and right of way for State highways, County roads, local arterial roadways and major collectors.: Section 29. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED by the Lakeville City Council this 17th day of.March, 2003. CITY OF LAKEVILLE BY:~L Robert D. Jo son, Mayor ATTEST BY: _ _ Charlene Friedges, Cit Jerk 10 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: 1 -1 r has complied with all of the requirements constituting qualification u E o provided by Minnesota Statutes 331 A.02, 33I A.07 and other applic- o, a • 744 0`o e n O z. • II M E .mil Le -,a,k f 1 i ra waw 0 L '� el � � 4 � � 's a a cut from the columns of said newspaper, and was printed and pub- F C U ai �L L� d a •� AL OC � �' W - a ° R. � S §"Irg. 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