HomeMy WebLinkAbout0637 .ORDINANCE NO. 637
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE A11?IDNDING TITLE 10 OF TIC
LAKEVILLE CITY CODE, 1~ CITY'S
SUBDIVISION REGULATIONS, CONCERNING DEDICATION,
SIDEWALK, AND MULTI-PURPOSE TRAIL REQUIREIVIENTS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
SECTION 1. Section 10-4-3-H of the Lakeville City Code is amended to read:
H. Sidewalks And Multi-Purpose Trailways: All City sidewalks shall have a
minimum width of five feet (5') in residential plats, except along major collector
and arterial roadways which shall have a minimum width of six feet (6') and
except sidewalks in commercial plats which shall have a minimum width of eight
feet (8'). Unless otherwise .directed by the City Council, multi-purpose trailways
shall be installed on both sides of designated roadways as shown in the City's
Comprehensive Trail Plan. Unless otherwise directed by the City Council, all
multi-purpose trailways identified by the City's Comprehensive Trail Plan shall
have a minimum width of eight feet (8') and be constructed of bituminous
materials. Sidewalks and multi-purpose trailways shall be accessible by
handicapped persons in accordance with Minnesota Statutes, Section .471.464.
SECTION 2. The catchline of Section 10-4-8 of the Lakeville City Code is amended
to read: DEDICATION REQi;iIREMENTS:
SECTION 3. Section 10-4-8-A of the Lakeville City Code is amended to read:
A. As a condition of subdivision approval, subdividers shall dedicate a portion of any
proposed subdivision for conservation purposes or for public use as parks,
recreational facilities as defined and outlined in .Minn. Stat. § 471.191,
playgrounds, trails, wetlands, or open space; provided that the City. may choose
to accept an equivalent amount in cash for part or all of the portion required to
be dedicated based on the fair market value of the land at the time of final
approval.
SECTION 4. Section 10-4-8-H of the Lakeville City Code is amended to read:
H. The dedication requirements are presumptively appropriate. A subdivider may
request a deviation from the presumptive requirements based upon the anticipated
impact of that particular subdivision. The request must be made before final
subdivision approval by the City.
66304.07
RNK:r11/16/98
SECTION 5. Section 10-4-8-I of the Lakeville City Code is amended to read:
I. In residential subdivisions where a land dedication is required, the following
formula will be used to determine the dedication requirement:
Density: Units Per Acre Land Dedication Percentage
0 - 2.5 10%
2.5 - 4 11
4. + - 6 13 %
6.+ - 8 15%
8.+ - 10 17%
10. + 17 %-20 %
In commercial or industrial subdivisions where a land dedication is required the
following formula will be used to determine the dedication: Five percent (5
of the gross area of land .being platted..
SECTION 6. Section 10-4-8-J of the Lakeville City Code is amended to read:
J. In lieu of land dedication the City may require the following cash contribution:
Commercial/Industrial 5 % of current mazket. value of the
unimproved land as determined by
the County Assessor
Multi-family dwelling. units $1,325.00 per dwelling unit
Single-family dwelling units- $1,325.00 per dwelling unit
SECTION 7. .Section 10-4-8-K of the Lakeville City Code is amended to read:
J. The City may elect to receive a combination of cash, land and development of the
land. The fair market value of the land the City wants and the value of the
development of the land shall be calculated. That amount shall. be subtracted
from the cash contribution required by subsection J above. The remainder shall
be the cash contribution requirement.
SECTION 8. Section 10-4-8-L of the Lakeville City-Code is amended to read:
L. "Fair market value" shall be determined as of the time of final subdivision
approval in accordance with the following:
1. The City and the subdivider may agree as to the fair mazket value, or
X04.07
RNK:r11/16/98 2
2. The fair market value may be based upon a current appraisal submitted to
the City by the subdivider at the subdivider's expense. The appraisal shall be
made by appraisers who are approved members of the SREA or MAI, or
equivalent real estate appraisal societies.
3. If the City disputes such appraisal the City may, at the. subdivider's
expense, obtain an appraisal of the property by a qualified real estate appraiser,
which appraisal shall be conclusive evidence of the fair market value of the land.
SECTION 9. Section 10-4-8-M of the Lakeville City Code is deleted.
SECTION 10. Section 10-4-8-N of the Lakeville City Code is deleted.
SECTION 11. Section 10-4-8-P of the Lakeville City Code is amended to read:
P. Cash contributions are to be calculated at the time of final subdivision approval.
The Council may require the payment at the time of final subdivision approval or
at a later time under terms agreed upon in the development agreement. Delayed
payment shall include interest at a rate set by the City.
SECTION 12. Section 10-4-8-Q of the Lakeville City Code is amended to read:
Q. Cash contributions shall be deposited in the Park Dedication Fund and shall only
be used for the acquisition of land for the purposes set forth in Section 10-4-8-A
of the Code and the planning and development of land. for such purposes.
SECTION 13, Section 10-4-8-R of the Lakeville City Code is amended to read:
R. Property being subdivided without an increase in the number of lots shall be
exempt from park and trail dedication requirements if similar requirements were
satisfied in conjunction with an earlier subdivision. If the number of lots is
increased, then the dedication shall be based on the additional lots created.
SECTION 14. This ordinance shall be effective immediately upon its passage. and
publication. This ordinance shall not apply to subdivisions for which a development contract
with different requirements has been entered. into prior to its effective date.
66304.07
RNK:r11l16/98 3
ADOPTED this 16th day of November , 1998, by the City Council of the City of
Lakeville.
CITY Q~ LAKEVILLE
BY: ,L,t,-,-
cane R. Zaun, yor
TTEST:
Charlene Fri ges, Ci Clerk
66304.07
RNK:r11/16/98 4
LAKEVILLE
PUBLIC NOTICE
ORDINANCE NO. 637
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
An Ordinance Amending Title 10
of the Lakeville City Code,
the City's Subdivision Regulations,
Concerning Dedication, Sidewalk, and
Multi -Purpose Trail Requirements
THE CITY COUNCIL OF THE CITY OF LAKE-
VILLE ORDAINS:
SECTION 1. Section 10-4-3-H of the Lakeville City
Code is amended to read:
H. Sidewalks And Multi -Purpose Trailways: All SECT
City sidewalks shall have a minimum width Ci
of five feet (5') in residential plats, except R.
along major collector and arterial roadways
which shall have a minimum width of six
feet (6') and except sidewalks in commercial
plats which shall have a minimum width of
eight feet (8'). Unless otherwise directed by
the City Council, multi-purpose trailways
shall be installed on both sides of designated
roadways as shown in the City's Compre-
hensive Trail Plan. Unless otherwise di-
rected by the City Council, all multi-purpose
trailways identified by the City's Compre-
hensive Trail Plan shall have a minimum
width of eight feet (8') and be constructed of
bituminous materials. Sidewalks and
multi-purpose trailways shall be accessible
by handicapped persons in accordance with
Minnesota Statutes, Section 471.464.
SECTION 2. The catchline of Section 10-4-8 of the
Lakeville City Code is amended to read: DEDI-
CATION REQUIREMENTS:
SECTION 3. Section 10-4-8-A of the Lakeville City
Code is amended to read:
A. As a condition of subdivision approval, subdi-
viders shall dedicate a portion of any pro-
posed subdivision for conservation purposes
or for public use as parks, recreational facili-
ties as defined and outlined in Minn. Stat. §
471.191, playgrounds, trails, wetlands, or
open space; provided that the City may choose
to accept an equivalent amount in cash for
part or all of the portion required to be dedi-
cated based on the fair market value of the
lAn(l At the time of fiioAl annrnval.
SECT
Ci
Q.
SECT
im
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space: $15.42 per column inch.
(2) Maximum rate allowed by law for the above
matter: $15.42 per column inch.
(3) Rate actually charged for the above matter:
$11.52 per column inch, 1st week and $10.94
per column inch, successive weeks.
AFFIDAVIT OF PUBLICATION
Richard M. Sherman , being duly sworn,
on oath says that he/she is the publisher or
authorized agent and employee of the pub-
lisher of the newspaper known as Lakeville
Life & Times, and has full knowledge of the
facts which are stated below:
(A) The newspaper has complied with
all of the requirements constituting qualifi-
cations as a qualified newspaper, as pro-
vided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as
amended.
(B) The printed City of Lakevi 11 e
Ord. No. 637
which is attached was cut from the columns
of said newspaper, and was printed and
published once on Saturday, the 21 s t
day of November , 1998; and printed
below is a copy of the lower case alphabet
from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of
type used in the composition and publica-
tion of the notice:
abcdefghijklmnopqrstuvwxyz
BY:�-
TITLE: Publisher
Subscribed and sworn to before me on this
23rd day of November , 1998.
Notary Public
PAULA K. CLINKSCALES
NOTARY PUBLIC - MINNESOTA
DAKOTA COUNTY
My Commission Expires 01-31-2000
c-rnK