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HomeMy WebLinkAbout0513 r 10/28/93 CITY OF LAKEVILLE DAKOTA COUNTY, M1N1vESOTA ORDINANCE NO: s i s AN ORDINANCE AMENDING TITLE. 10 OF THE LAKEVILLE CITY CODE (THE SIIBDIVISION ORDINANCE) TO RESPOND TO VARIOIIS GROWTH MANAGEN~NT DIRECTIVES. THE .CITY COIINCIL OF THE CITY OF LAKEVILLE DOES HEREBY ORDAIN: Sectioa 1. Section 10-1-7 of the Lakeville City .Code (Definitions) is amended to add the following definitions: Lot Area: The area of a horizontal plane within the .lot lines. Lot Area, Minimum: Except as may be otherwise expressly allowed in this Ordinance or the Zoning Ordinance, the area of a horizontal plane within the. lot lines excluding major drainageway, as defined by the Comprehensive Storm Drainage .Plan, wetlands, waterbodies, road rights-of-way, required buffer strips, regional utility/pipeline easements, and slopes steeper than three to one (3:1). Buffer: The use of land, topography, difference in elevation, space, fences or landscape plantings to screen or ..partially screen a use or property from another use or property or to shield or mitigate noise, lights or other impacts... Buffer Yard: A strip of land utilized to screen or partially screen a use or property from another use or property or to shield or mitigate noise, lights, or other impacts. Section 2. Section 10-2-1 of the Lakeville City Code (Sketch Plan Filing and Review Procedures) is amended to read as follows: 10-2-1 SKETCH PLAN: In order to insure that all applicants are informed of the procedural requirements and minimum standards of this Ordinance, and .the requirements or limitations imposed by other City ordinances, plans and/or policies, prior to the preparation of a preliminary plat, all applicants shall present a sketch plan to the Zoning Administrator prior to filing a preliminary plat. Approval of the sketch plan shall not be considered binding in regard to subsequent plat 1 review. The Zoning Administrator, notably in the case of .multi-phased projects, shall have the authority to refer the sketch plan to the Planning Commission .and/or .City. Council for review and comment. The sketch plan submissionshall include, but not be limited to the following: A. Formal request for. subdivision.. B. Twenty-five (25) copies of the plat sketch.. plan at a scale not..less than one (1) inch equals one ..hundred (100) feet. C. An 8 1/2 x 11 inch reduction of the sketch plan. D. Payment of plan review fee. E. Escrow deposit to pay review costs of City Staff and consultants... F. In cases of multi-phased subdivisions, applicable: .preliminary plat submission information. as regulated by Section 10-3-2 of this Ordinance. Sectioa 3. Section 10-2-4 of the Lakeville City Code (Premature Subdivisions) is amended to read as follows: 10-2-4: PRIIKATURE SIIBDIVISIQNS: Any preliminary plat/final plat and/or development deemed premature pursuant to the criteria listed: below shall be denied by the City Council. Sectioa 4. Section 10-2-4-1.E and F of the Lakeville'City Code (Conditions Establishing .Premature Subdivisions) are amended to read as follows: E. Inconsistency with Comprehensive Plan:. A proposed subdivision .shall be deemed inconsistent with the City's Comprehensive Plan when the subdivision is inconsistent with the purposes, objectives, and recommendations of the adopted Comprehensive Plan of Lakeville, as may be amended.. Subdivisions which do not follow planned public improvement corridors or constitute an infilling of .development shall be deemed. inconsistent with the City's growth strategies as outlined in the Comprehensive Plan. F. Public Service Capacity: A proposed subdivision shall be determined to .lack necessary public service capacity when services such as recreational facilities,. schools, police and fire protection and .other public .facilities, which must be provided at public expense, cannot reasonably be provided for within the next two (2) years.." Sectioa 5. Section 10-2-4-1 of the Lakeville City .Code (Conditions Establishing Premature subdivisions} is amended to add the following: H. Inconsistency with Capital Improvement Plans: A proposed subdivision shall be deemed inconsistent with capital... improvement plans when .improvements and/or services necessary to accommodate the .proposed subdivision have not been programmed in the Lakeville, Dakota County, or other regional Capital Improvement Plans. The City Council .may wave this criteria. when it can be .demonstrated that a revision to capital improvement. programs can be accommodated. Sectioa 6. Section 10-2-4 of the Lakeville City Code is hereby amended by adding sub-paragraph 3 to read as follows: 3. Regional System Service Inadequacies.. A. An approved preliminary .plat or building permit within an approved final plat may be .deemed as premature developments if any of the following conditions set forth are found to exist: 1. .The regionally controlled metropolitan sanitary. sewer. interceptors or waste water treatment facilities are classified as having inadequate capacity to provide service within the standards of recognized public health and safety. 2. Responsible metropolitan units of government prohibit. the City of Lakeville from issuing building permits. 3. Regional transportation systems are deemed as inadequate to provide service levels within standards of recognized public safety. 4. Storm drainage systems under the jurisdiction of regional watershed districts, the Army Corps of Engineers, the Minnesota Department of Natural Resources, or other such .responsible jurisdictions are inadequate to provide service levels within standards of recognized public health and safety. 3 B. City Liability Exemption. All preliminary and final plat approvals and related formal development agreements shall stipulate and. shall exempt °the City of Lakeville from. .any. liability associated with platting or building permit denial-based upon factors and conditions related to regional governmental agency .and unit jurisdictions and related service inadequacies. Section 7. Section 10-2-4.2 of the City Code. shall be amended by adding the following: 3. Burden of Establishing: ...The burden shall be upon the applicant to show that. the proposed subdivision or development is not premature. Section 8. Section 10-3-1 of the Lakeville City Code (Sketch Plan Data Requirements)..is amended to add the following: I. In cases of major., multi-phased subdivisions, applicable preliminary plat submission information as regulated by Section 10-3-2 of this Ordinance. Section 9. Section. 10-3-2.A.4 of the Lakeville City .Code. (preliminary plat data requirements) is amended to add.. the following: K. Where irregular shaped lots have been proposed, house plans.. shall be submitted which demonstrate .such lots to be buildable and the resulting structure compatible in size and character to .the surrounding area. L. A comprehensive screening. plan which identifies all proposed.. buffering. and screening in both. plan and sectional view.. Section 10. Section 10-4-2.J. of the Lakeville City Code (lot design standards.) is .hereby amended to read as follows:- J. Frontage on Two Streets: Double 'frontage, or lots with frontage on two (2) parallel streets shall not be permitted except: where. lots back on major collector or arterial streets., county or state highways, or where topographic or other conditions render subdividing otherwise unreasonable. .Such double frontage lots shall adhere to the following requirements: 4 1. Lot Depth:. Double frontage lots shall have an additional depth of at least twenty (20) feet in order to allow space for screen plantings and/or buffering along the back lot line. To ensure .adequate depth. for such buffering, except as may be approved by the City Council, the following minimum depth requirements shall be required for double frontage lots: District Minimum Lot Depth R-1, Low Density 220 feet Single Family R-2, Single Family 170 feet 2. Buffering/Screening: All buffer yard requirements as regulated by Section 9.7.5 of the. Zoning Ordinance are .satisfactorily meta Section 11. Section- 10-4-2 of the Lakeville City Code is amended by adding the following: L. Buffer Side Yards: 1. In the case of side yards involving single family residential lots which abut major collector or arterial streets, except as may be approved by the City Council, lot widths shall be increased at .least ten ('10) feet above the minimum lot width .for the purpose of establishing buffers along the lot line bordering such streets. 2. Buffering or side yards bordering major collector or arterial streets shall comply ,with the requirements as established by Section 9.',7.5 of the Zoning Ordinance. Section 12. Section 10-4-2 of the Lakeville City'', Code (Lot Design Standards) is hereby amended to add the following: L. Irregular Shaped Lots: On single family. residential lots determined to be irregular in shape (e.g., triangular), the developer shall demonstrate to the City an ability to properly place principal buildings and 'accessory structures upon the site which are compatible in size and character to the surrounding area. M. Required Yard Setback Infringements: All single family residential lots shall be designed in consideration of potentials for buildings accommodating three car garages, porches and decks, etc. Said buildings and structures 5 are to be compatible in size and character with the surrounding area. Sectioa 13. Section 10-4-3.B of the Lakeville City Code (Street design standards) is hereby amended to read as follows: B. Local Streets.: Local streets should be so planned as to discourage their-use by non-local traffic. Section 14. Section 10-4-3.T of the Lakeville City Code (Street Design Standards) is hereby added to read as follows: T. Cul-de-Sacs/Dead End Streets: 1. Dead end streets (temporary or permanent) without cul-de- sac turn grounds shall be. prohibited. 2., Permanent cul-de-sacs shall be allowed only where one or more of the following criteria have been ..met.: a. .Area topography or other physical site condtions_ warrant a cul-de-sac. b. A through street is not physically feasible or desirable due to environmental .considerations. 3. Permanent cul-de-sacs shall not be longer than five .hundred (500) feet including a-terminal turn .around which shall be provided at the closed end,.with a right-of-way radius not less than sixty (60) feet. 4. Environmentally Sensitive Area Exceptions: In areas .determined by the City to be environmentallysenstive due to topography, forestation, and/or wetlands, deviations to the design standards outlined. in Section 10-4-3.T.3 may be allowed provided that: a. Such deviations are limited to the following:: 1) Right-of-way dedication, excluding turn around area may be reduced from sixty (60) feet to no less than fifty (50) 'feet.- 2) Pavement widths may be reduced from thirty-two (32) feet to no less than twenty:-eight:•.(28) feet. 6 b. The following standards are met: 1) .All lots shall meet or exceed the. minimum standard for the applicable zoning district. 2) AlI houses shall .have an .attached accessory garage of three (3) stalls with corresponding front driveway parkingapron. The curb cut opening on the street shall, however, meet established standards. 3) The required drainage and utility easement in .the front yard of lots shall be no less than fifteen (15) feet. 4) All lots .shall have a custom grading plan, tree preservation plan, and pre-approved site/ building plan prior to the issuance of building .permits. 5) The cul-de-sac length shall not exceed ordinance maximums. 6) Any reduction in front yard setbacks shall be processed according to provisions of the Zoning Ordinance. Section 15. Section 10-4-4 of the Lakeville City Code (Easement standards) is amended by adding sub-paragraph D and E to read as follows: D. Exclusion from Minimum Lot Area: Easements established over wetlands and regional utility lines shall be excluded from the calculation. of minimum lot area as defined by this Ordinance. E. Outlot Alternative: The City may at its discretion choose to require outlots rather than easements for wetlands, drainage .areas, and .other natural features. Sectioa 16. .Section 10-4-5 of the Lakeville City Code (Erosion and Sediment Control) is amended by adding sub-paragraph I to read:. 10-4-5: EROSION AND SEDIMENT CONTROL:. A. The development. shall conform to the natural limitations presented by topography and soil so as to create the least .potential for soil erosion.. 7 B. Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. C. Land shall be developed in increments of workable size such that :adequate erosion and siltation controls can be .provided as .construction progresses. The smallest-practical area of land shall be. exposed at any one. period of .time. D. When soil is exposed, the .exposure shall be for. the shortest feasible period of time., as specified in the development agreement. E. Where the topsoil is removed, sufficient topsoil soil shall be set aside for respreading over the developed area. Topsoil shall be restored or provided to a minimum depth of four (4) inches and shall be of a quality, at least ..equal to the soil quality prior to. development. F. Natural vegetation shall be protected wherever practical. G. Runoff water shall be diverted to a sedimentation basinbefore being allowed to .enter. the natural drainage system. H. The developer shall comply with current City specifications for erosion and sediment control. I. Development shall comply with. and follow all Best Management Practices for erosion and sedimentation control as specified in the MPCA publication "Protecting Water ..Quality in Urban Areas", as may. be amended. Section 17. Section. 10-4-6 of the Lakeville City Code (Storm Drainage. Requirements) is amended to read as .follows: 10-4-6: STORbiDRAINAGF: All subdivision design shall 'incorporate adequate provisions. for storm water runoff. consistent with the Lakeville Storm Water Management Plan (SWMP) as amended, and with established City policies, and conform to the following standards. A. Plan Required. The proposed provisions for storm water runoff shall be .documented in a runoff water management plan, prepared by a registered,,professional engineer to the minimum. .standards described-in paragraph B of this policy. B. Minimum .Standards For Runoff Water Management Plans. A runoff water management plan shall include the following items: 1. A map containing a delineation of the sub-watershed. contribu ing runoff from off-site, and. proposed and 8 existing sub-watersheds on-site. The delineation shall conform to the nomenclature. of the SWMP and shall indicate any significant departures from the watershed delineation of the SWMP. 2. Delineation of existing on-site wetlands, as defined in the Wetland Conservation Act, lakes,. streams, shoreland, and/or floodplain areas. 3. For waterbodies and. channels, a listing of normal:{run- .out) and calculated ten year and 100 year elevations on- site for both existing and. proposed conditions. 4. Storm water runoff volumes and rates for existing and proposed conditions. 5. All hydrologic and hydraulic computations completed to design the proposed storm water management facilities. Reservoir routing procedures and critical. duration. runoff events shall be used for design of .water storage areas.. and outlets. 6. A checklist of Best Management Practices to demonstrate that, to the maximum extent practical, the plan has incorporated the structural and non-structure Best Management Practices described in the book Protecting Water Quality in Urban Areas, published by the Minnesota Pollution Control Agency or the applicable publications. 7. A grading plan's incorporating overflow routes along .streets or drainage easements designed to protect structures from damage due to: a. Storms in excess of the design storm, or b. Clogging, collapse or other failure of the primary drainage facilities. S. An assessment of the potential for construction or .contribution to regional detention basins, as opposed to the construction of on-site basins. The SWMP identifies potential regional pond areas for control. of rate and nutrient loading. The following criteria shall be used to .determine .whether on-site storage is required for within the subdivision: a. If the runoff water management plan .indicates construction or enlargement of a storage site or water quality storage in a wetland or other waterbody, the facility or its equivalent shall be constructed to meet the goals of the SWMP. 9 b. If a proposed subdivision will be direc ly tributary to a waterbody without intervening detention storage, additional on-site 'pond .construction for water quality .treatment will be required if the waterbody is in one of the following classifications: Category I: Water bodies supporting direct body- contact recreation such as swimming, skin. diving or water skiing. Category Ia: Waterbodies. capable of supporting a trout fishery. Category II: Waterbodies supporting non-contact recreational. activities. such as sailboating, motor boating, canoeing and. fishing. Category III: Waterbodies supporting aesthetic viewing and wildlife habitat functions, providing open space, .scenic vis as and. opportunities for wildlife observation or .warm. water fishing. Category IV: Nutrient Traps. Waterbodies functioningmainlyto reduce. downstream loading of phosphorusand other pollutants. c. If a proposed subdivision is indirectly tributary to a Category I, II or III waterbody and intervening regional detention storage_ is inadequate, in the opinion of City staff, to meet .the water quality goals for. downstream waterbodies as described in the SWMP, additional: on-site pond construction will be required to meet..these goals.. d. If a proposed subdivision will increase rates.. of runoff and where downstream storm water s orage or conveyance facilities are inadequate to protect downstream: riparian owners from offects of these .increases, then. on-site storm water storage must be constructed to restrict. storm water rates to the pre-development rates. 9. Where on-.site water. quality detention basins are required, copies of the calculations determining the design of the basins. The size and design considerations will be dependent on the receiving waterbody's .water quality category, the imperviousness of the development and the .degree to which on-site infiltration of runoff is encouraged. Design of on-.site detention basins, as described in the site's Runoff Water Management Plan, shall incorporate recommendations from .the Nationwide 10 Urban Runoff Program (NURP) and Protecting Water Quality in Urban Areas, published by the Minnesota Pollution Control Agency or the applicable publications. The following design considerations are required for on-site water quality detention. basins based. on the receiving water's water quality category. These designs include .permanent detention for water quality treatment; extended ,detention designs may be substituted provided that they provide treatment equivalent to the requirements below: a. Basins Tributary to Category Land Ia Waterbodies. 1) A permanent. pool ("dead storage") volume below the normal outlet shall be greater than or equal to the runoff from a 2.5 inch 24 hour storm .over the entire contributing drainage area assuming full development. 2) A permanent pool average depth (basin volume/basin area.) which shall be greater than four feet, with a maximum depth of less than ten feet. 3) An .emergency. spillway (emergency outlet) adequate to control the 100 year frequency critical durationrainfall event. 4) Basin side slopes above the normal water level should be no steeper than 3:1 when possible, and preferably flatter. A basin shelf with a minimum width. of ten feet and a maximum slope of ten to one (10:1) below .the normal water- level is recommended to enhance wildlife habitat,. reduce potentially safety hazards, and improve access for long-term maintenance. 5) To prevent short-circuiting, the distance between the major .inlets and normal outlet shall be maximized. 6) A flood pool (temporary storage) volumes above. the principal outlet spillway shall be .adequate so that the peak discharge rate from the ten -and .100 year frequency, critical duration storm is not greater than the peak discharge for a similar storm and pre- developmentwatershed conditions. 7) Extended detention of runofffrom the. more frequent (one year. to five year) storms shall be achieved through a principal spillway design ..which. shall include a perforated 11 vertical riser, a small orifice outlets or a compoundweir. 8) Effective energy dissipation devices which reduce outlet velocities to four. feet per second or less shall consist. of rip rap, stilling pools or other such measures to prevent erosion at 'all storm water outfalls into the .basin and at the detention basin outlet. 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 ten year storm event. These devices can consist of baffled weirs, submerged inlets: or other such measures capable of restricting the outflow of ..floatable materials, including litter, oil and grease.:.. Computations for the design of such devices shall.: be included. 10) For purposes of erosion control, vegetation protection and wildlife habitat .enhancement,, the tenyear flood level of the basin shall be no more than two (2) feet above the normal level of the basin. b. Basins Tributary to Category II Waterbodies. 1) A permanent pool ("dead storage") volume below the normal outlet which shall be greater than or equal. to the runoff from a 2.0 inch 24 hour storm over the entire contributing drainage areaassuming full development. 2) All ..other requirements as listed in Items 2` through 10 for Category I and Ia waterbodes. c. Basins Tributary to Category III Waterbodies. 1) A permanent pool ("dead storage") volume below the normal outlet. which shall be greater 'than ` or equal to the runoff from a 1.5 inch 24 hour storm over the entire contributing drainage area assuming full..development. 2) All other requirements as listed in Items 2 through 10 for Category I and Ia waterbodies. d. Basins Tributary to'Category IV Waterbodies.. 12 1) Any practical measures needed to maintain the function and character of the Category IV waterbody. e. Basins Tributary to Wetlands. 1) Sedimentation capacity capable of protecting the wetland from filling due to water borne silt and sand. Where feasible., ..appropriately sized sump manholes or other in-line treatment capable of being cleaned viamanholes shall be preferred. 2) All other requirements as listed in Items 2 through 10 for Category I and Ia waterbodies. Sectioa 18. Section 10-4-7 of the Lakeville .City Code. (Protected Area Requirements) is amended to read as follows: 10-4-7 PROTECTED AREASs Where land proposed for subdivision is deemed environmentally sensitiveby the City due to the existence of wetlands., drainageways, watercourses, floodable areas, significant trees, steep slopes, or wooded areas, the design of said subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impacts. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots. In general, measures of protection shall include design solutions which allow .for construction and grading involving. a minimum of alteration to sensitive areas. Such measures, when deemed appropriate by the City, may include but shall not be limited to the following: 1. The establishment of easements and/or outlots .over wetlands,.drainageways and watercourses.. 2. The implementation of flood .control measures. 3. The enlargement of lots or redesign of the subdivision. 4. The submission of a tree preservation plan subject to the review of the Environmental. Affairs Committee and the approval of the City Council. 13 5. The utilization of appropriate erosion control measures subject. to approval by the City Engineer. 6. Soil testing to determine .the ability o€ the proposed subdivision to support development. 7. The limitation of development on lopes steeper than three. to one (3:1). 8. Structure conformance to the ..natural limitations presented_by the topography. and soil so as to create the least potential of soil erosion. Sectioa 19. Suction 10-4-11.B of the Lakeville City ..Code (Tree Preservation? is amended by adding the following:. 8. Tree preservation measures shall require written approval from the City Engineer prior to. removal and shall not be removed from. the site until the City Engineer has approved. the grading as built plans for a mass graded site nor prior to the release of financial securities held by the City. Sectioa 20. This amendment shall be effective on 1 January 1994 following its passage and publication.` :Approved by the Lakeville.City Council this st day of .November 1993. CITY OF LAKEVILLE By: Duane.. R. Zau Mayor ATTEST: 1 Charlene Friedge City Clerk 14 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SLtwIlVIARY OF :ORDINANCE NO. 513 , AN ORDINANCE. AMENDING TITLE 10 OF THE LAKEVII.LE CITY CODE, THE SUBDIVISION ORDINANCE, TO RESPOND TO .VARIOUS GROWTH MANAGEMENT DIRECTIVES This ordinance amends the standards and procedures for subdividing land in the City of Lakeville including: definitions, sketch plan filing and review procedures, premature subdivisions, conditions establishing premature subdivision, sketch plat data requirements, lot design standards, street design standards, easement standards, erosion and sediment control, storm drainage requirements,. protected area requirements, tree preservation. A printed copy of the ordinance is available for inspection by any person during. regular office hours at the office of the .City Clerk. APPROVED FOR PUBLICATION this 6th day of December , 1993, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: Duane R. Zaun, v or ES Charlene Friedges, .City Jerk 10505 12/01/93 PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 513, AN ORDINANCE AMENDING TITLE 10 OF THE LAKEVILLE CITY CODE, THE SUBDIVISION ORDINANCE, TO RESPOND TO VARIOUS GROWTH MANAGEMENT DIRECTIVES This ordinance amends the standards and procedures for subdividing land in the City of Lakeville including: defini- tions, sketch plan filing and review pro- cedures, premature subdivisons, condi- tions establishing premature subdivision, sketch plat data requirements, lot design standards, street design standards, easement standards, erosion and sedi- ment control, storm drainage require- ments, protected area requirements, tree preservation. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. APPROVED FOR PUBLICATION this 6th day of December, 1993, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: Duane R. Zaun, Mayor ATTEST: (s) Charlene Friedges, City Clerk (Published in Lakeville Life & Times on Dec. 20, 1993) RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $6.65 per column inch. (2) Maximum rate allowed by law for the above matter: $6.65 per column inch. (3) Rate actually charged for the above matter: $5.64 per column inch. 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 publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications 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 Lakeville Ord. 513 summary which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 20tHday of December , 1993; 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 publication of the notice: abcdefghijklmnopqrstuvwxyz BY: „,./...12,...462- �+ TITLE: Publisher Subscribed and sworn to before me on this 21st day of December , 1993. Notary Public BARBARA J. GROSBERG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY Wv ccmmission expires 1 1 97