Loading...
HomeMy WebLinkAbout0169 .ORDINANCE N0. 169 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE lb OF THE LAKEVILLE CITY CODE, BEING THE SUBDIVISION ORDINANCE OF THE CITY OF LAKEVILLE The City Council of the City of Lakeville ordains as follows: Section 1. That Title 10 Section 10-1-6 is amended to read as follows: 10-1-6: EXCEPTIONS: The following lahd divisions are exempted from the provisions of this Title. Upon. request. the City Clerk shall within ten (10) days certify that this title does not apply to such land divisions: Division of land where the division is to permit the adding of a parcel of land to an abutting lot or to create two. lots and thee. newly created property line will not cause the land or any structure to be in violation of this title or the zoning ordinance. Section 2. That Title 10 Section 10-1-7 "Subdivision" is amend- ed to read as follows: "Subdivision" means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots or longterm leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys for resi- dential, commercial, industrial or other use or any combination thereof, except those separations: (a) Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial. and industrial uses; (b) Creating.cemetary lots; (c) Resulting from. court orders, or the adjustment of a lot line by the relocation of a common boundary.. Section 3. That Title l0 Section 10-2-2 Subdivision B, C, E and F are amended to read as follows: B. Hearing: The Planning Commission upon receipt of the ap- plication 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. The Planning Commission shall conduct the hearing, and report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property de- scription, 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 three hundred fifty feet (350') of the boundary of the property in question. C. Technical Assistance Reports: The City Administrator shall instruct the appropriate staff to prepare technical reports where appropriate, and provide general assistance in prepar- ing a recommendation on the action to the City Council. E. Planning Commission Action: The Planning Commission shall make a recommendation to the City Council following the close of the public hearing. If the Planning Commission has not acted upon. the preliminary plat within sixty (60) days following delivery of a subdivision application com- pleted in compliance with this title, the Council may act on the preliminary plat without the Planning Commission's recommendation. F. City Council Action: 1. The Council shall approve or disapprove the preliminary plat within 120 days following delivery of an application completed in compliance with this title unless an extension of the review period has been agreed to by the applicant and may impose conditions and restrictions which are deemed appropriate. 2. If the preliminary plat is not approved by the City Council, the reasons for such action shall be recorded in the proceedings of the Council. If the preliminary plat is approved, such approval shall not constitute final accep- tance of the layout. Subsequent approval will be required of the engineering proposals and other features and require- ments as specified by this Title to be indicated on the final plat. The City Council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare and convenience of the City. 3. If the preliminary plat is approved by the City Council, the subdivider must submit the final plat within one hundred (100) days after said approval or approval of the prelimin- ary plat shall be considered void, unless a request for time extension is submitted in writing and approved by the City Council. Section 4. That Title 10 Section 10-2-3 subdivisions A and B are amended to read as follows: -2- A. Filing:. 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 plat simultaneously. B. Approval of the Planning Commission: Ten (10) copies of the final plat shall be submitted to the City 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 sub- divider within teri (°10) days after the meeting of the City Planning Commission at .which such plat was considered. Section S. That. Title 10 Section 10-3-2 subdivision (D) 12 is amended to read as follows: D 12. When the City has agreed to install improvements in a development, the developer may be required to furnish a financial statement satisfactory to the City indicating the developer's ability to develop the plat. Section 6. That Title 10 Section 10-5-1 subdivisions A, B, B-1, B-3 and B-3C are amended to read as follows: A. Before a final plat is delivered by the City, the subdivider of the land covered by said plat shall pay all applicable fees and execute and submit to the City Council a develop- er's agreement which shall be binding on his heirs, personal representatives and assigns. B. Prior to the delivery of the approved final plat, the sub- divider shall deposit with the City Treasurer an amount equal to a minimum of one hundred percent (100%) of the City Engineer's estimated cost of the .required improvements within the plat,. either in a cash escrow performance bond, or letter of credit. The surety shall be approved by the City. The cash escrow letter of credit or performance and indemnity bond shall be conditioned upon: 1. The making and installing of all of the improvements re- quired by the terms and conditions set forth by the City with- - in one year unless an extension is granted by the City Council. 3. The-payment by the subdivider to the City of all expenses incurred by the City, which expenses shall include but not be limited to expenses for engineering, planning, fiscal, legal, construction and administration. In .instances where a cash escrow is submitted in lieu of a letter of credit or per- formance and indemnity bond, there shall be a cash escrow agreement which shall provide that in the event the required improvements are not completed within one year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the City and applied by the City -3- to the cost of completing the required improvements. If the funds available within said cash escrow agreement are suffic- ient to complete the required improvements, the necessary ad- ditional cost to the City may be assessed against the subdivi- sion. Any balance remaining in the cash escrow fund after- such improvements have been made and all expenses therefor have been paid,. shall be returned to the subdivider. In n- stances where a letter of credit is used in lieu of a cash escrow or performance and indemnity bond, the letter. of credit shall be ;in a form satisfactory to the City and the terms thereof shall substantially comply with the procedure set forth for a cash escrow fund. In instances where a perform- ance ahd indemnity bond is used in lieu of a cash escrow or letter of credit, the bond shall be in a form acceptable to the City and shall comply with all requirements as set forth in Minnesota Statutes, as amended, which Statutes relate to surety bonds. C. No final plat shall be approved by the Council without first receiving a report from the City engineer that the improve- menu described therein together with the agreements and docu- menus required under this Section, meet the requirements of the City. The City Administrator shall also certify that all fees required to be paid to the City in connection with the plat have been paid or that satisfactory arrangements have been made for payment. Section 7. That Title 10 Section 1D-5-5 is deleted in its entirety. Section 8. That Title 10 Section 10-5-7 is amended to read as follows: 10-5-7: ELECTION BY CITY TO INSTALL IMPROVEMENTS: It is the subdi- vider's responsibility to install all required improvements except that the City reserves the right, to elect to install all or: any part of the improvements required uhder the provisions of this Title pur- suant to Minnesota Statutes, chaptex_429, as amended. If the City elects to install the i~ngx~ovements'the developer shall post. a cash escrow or letter of credit guaranteeing payment of the assessments. . Section 9. That Title 10 Section 10-6-2-1A and 10-6-2-2E and I are amended to read as follows: 10-6-2-1: A. That there are special circumstances or conditions affecting the property such that the strict application of the provi- sions of this Title would deprive the applicant of the reason- able use of his land. -4- 10-6-2-2 E. The variance application shall be referred to the City staff for a report and recommendation to be presented to the- Commission. I. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this Title. Section 10. That Title 10 Section 10-6-2-2 subdivision 0 is deleted in its entirety. Section 11. That Title 10 Chapter 4 be amended by adding thereto Section 10-4-9 as follows: Minimum Design Features. The design features set forth in this chapter are minimum requirements. The City may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. Section 12. This ordinance shall be effective immediately upon its passage and publication. .ADOPTED this 18th day of August, 1980. CITY OF LAKEVILLE B ~~J rdon Lekson, Mayor / ATTEST: r v Patrick E. McGarvey, City erk 5 PUBLIC NOTICE ORDINANCE NO. 169 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE LAKEVILLE CITY CODE, BEING THE SUBDIVISION ORDINANCE OF THE CITY OF LAKEVILLE The City Council of the City of Lakeville or- dr"'likkertm. required improvements, we necessary additional cost to the City may be assessed against the subdivision. Any balance remaining in the- cash escrow fund after such improvements have been made and all expenses therefor have been paid, shall be return- ed to the subdivider. In instances where a letter of credit is used in lieu of a, cash escrow or performance and indemnity bond, the letter of credit shall be in a form satisfactory to the City and the terms thereof shall substantially comply with the procedure set forth for a cash escrow fund. In instances where a per- formance and indemnity bond is used in lieu of a cash escrow or letter of credit, the bond shall be in a form acceptable to the City and shall comply with all re- quirements as set forth in Minnesota Statutes, as amended, which Statutes relate to surety bonds. C. No final plat shall be approved by the Council without first receiving a (report from the City engineer that the im- provements described therein together with the agreements and documents re- quired under this Section, meet the re- quirements of the City. The City Ad- ministrator shall also certify that all fees I: required to be paid to the City in connec- tion with the plat have been paid or that A satisfactory arrangements have been I made for payment. I Section 7. That Title 10 Section 10-5-5 is s deleted in its entirety. T Section 8. That 'title 10 Section 10-5-7 is I- amended to read as follows: F 10-5-7: ELECTION BY CITY TO INSTALL It IMPROVEMENTS: 1t is the subdivider's responsibility to install all required im- • provements except that the City reserves the p right to elect to install all or any part of the 1 improvements required under the provisions of this Title pursuant to Minnesota Statutes, I chapter 429, as amended. 1f the City elects to a install the improvements the developer shall post a cash escrow or letter of credit guaranteeing payment of the assessments. 'I • Section 9. That Title 10 Section 10-6-2-1A and F I0 -6-2-2E and 1 are amended to read as It follows: L. 10-62-1: ) A. That there are special circumstances or 3 conditions affecting the property such that ,n the strict application of the provisions of 1 this Title would deprive the applicant of e the reasonable use of his land. 7 10-6-2-2 E. The variance application shall be refer- red to the City staff for a report and recom- mendation to be presented to the Commis- sion. I. The Planning Commission shall make a finding of fact and recommend such ac- tions or conditions relating to the request as they deem necessary to carry out the in- tent and purpose of this Title. Section 10. That Title 10 Section 10-6-2-2 sub- division o is deleted in its entirety. Section 11. That Title to Chapter 4 be amended by adding thereto Section 144-9 as follows: a' Minimum Design Features. The design a features set forth in this chapter are minimum requirements. The City may im- pose additional or more stringent re- quirements concerning lot size, streets and s' overall design as deemed appropriate con - 10 sidering the property being subdivided. II Section 12. This ordinance shall be effective as immediately upon its passage and publica- liJ tion. ( ADOPTED this 18th day of August, 1980. City of Lakeville BY: GORDON LEKSON Mayor 1 ATTEST: 'M PATRICK E. McGARVEY N City Clerk iat 15 1Z s. at AFFIDAVIT PUBLICATION STATE OF MINNESOTA ) County of Dakota ) SS JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated have been the publishers and printers of the news- paper known as Dakota County Tribune and have full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publica- tion and is not made up entirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertise- ments and sale of subscriptions and maintained by the managing officer of said news- paper or persons in it's employ and subject to their direction and control during all such regular business hours and at which said newspaper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi- davit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the news- paper is a legal newspaper. They further state on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and for on Thursday, the thereafter printed and published therein in the English language, once exEriEnatmk stIrcitswks; that it was first so published \day of 1� • 19 5 ) and was published on every Thday to and including Thursday the day of 19 ____ and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac- knowledged as being the size and kind of type used in the composition and publication of said notice, to wit; Subscribed and f�) sworn to before me thisc7 iJit ay af+ abcdefghi,l klmnopgrstuv wxvz 19 Awa' -14 ANs 1WN4.4 CAROL J. HAVERL ND NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY `.•' My Commission Expires Dec. 3, 1962