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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