HomeMy WebLinkAboutMarch 2016 Packet
City of Falcon Heights
Planning Commission
City Hall
2077 W. Larpenteur Avenue
Tuesday, March 22, 2016
7:00 p.m.
A G E N D A
A. CALL TO ORDER: 7:00 p.m.
B. ROLL CALL: Chair Larkin ____ Alexander ____
Murphy ____ Bellemare ____
Williams ____ Schafer ____
Council Liaison Harris ____ Staff Liaison Moretto ____
C. APPROVAL OF MINUTES for February 23, 2016
D. AGENDA
1. Discussion of Structures in the Front Yard
2. Review Keeping of Chickens Ordinance
E. INFORMATION AND ANNOUNCEMENTS
1. There will be an after meeting Workshop – Lot Splits and Subdivisions
F. ADJOURN
G. WORKSHOP
If you have a disability and need accommodation in order to attend this meeting,
please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30
p.m. at 651-792-7600. We will be happy to help.
City of Falcon Heights
Planning Commission Minutes
February 26, 2016
PRESENT: Commissioners Alexander, Williams, Schafer, Larkin, Council Member Harris,
Staff Liaison Moretto
ABSENT: Commissioners Murphy, Bellemare
The meeting was called to order at 7:15 p.m. by Chair Larkin.
The minutes of the February 23th, 2016 meeting of the Planning Commission were
approved.
AGENDA:
1. Review Draft Ordinance No 16-XX – Building Heights
The commission review the attached draft ordinance and was asked by Liaison Moretto
to review the section it replaces and to be ready for its consideration in the next few
months.
INFORMATION AND ANNOUNCEMENTS:
1. Post Meeting Workshop
There will be a post meeting workshop after the regular meeting.
Community Forum: None
ADJOURNMENT: The meeting was adjourned at 7:45 p.m.
WORKSHOP MINUTES
The Planning Commission engaged in a leaning workshop regarding the variance process and
reviewed three examples of a variance from the City of Minneapolis. The Commission
roleplayed scenarios based on the cases and used the foundational requirements of the variance
process to come to a conclusion on each case. This workshop established clarity and consistency
among the commissioners.
Respectfully submitted,
_______________________________ ______________________________
Paul Moretto John Larkin
Community Development Coordinator Chair – Planning Commission
Page 1
Sec. 113-242. - Fences.
Fences may be allowed in any zone and are subject to the following:
(1) All fences shall be kept in good repair, painted, trimmed and well maintained. In the event a front
yard fence is adjacent to and parallel with the front lot line (or side lot line on the street side of a
corner lot), such fence shall be set back at least one foot from the street right-of-way or property
line.
(2) Solid walls in excess of six feet above adjacent ground grades shall be prohibited.
(3) That side of the fence considered to be the face (finished side as opposed to structural supports)
shall face abutting property.
(4) All fences shall require a building permit in addition to any other required permits.
(5) No fences shall be permitted on public rights-of-way.
(6) Fences may be permitted along property lines subject to the following:
a. Fences may be placed along property lines provided no physical damage of any kind results
to abutting property.
b. Fences in commercial and industrial districts may be erected on the lot line to a height of six
feet plus two feet for a security (barbed wire or other) arm.
c. Where the property line is not clearly defined, a certificate of survey may be required by the
zoning administrator to establish the property line.
d. Fences located within the side and rear yard nonbuildable setback areas beginning at the
front building line and fences located within the buildable area of a lot shall not exceed six
feet in height from finished grade.
e. In residential districts, no fence along or within the front nonbuildable setback area shall be
in excess of 36 inches in height.
(Code 1993, § 9-2.06)
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ARTICLE IV. - CHICKENS
Sec. 10-34. - Keeping of chickens.
Any person who keeps chickens in the city must obtain a permit prior to acquiring the chickens.
Chickens may only be kept in zoning districts where chickens are an allowed accessory use. The initial
permit is valid for up to two years beginning on the date the chickens arrive on the site and ending on
December 31 of the following year. Subsequent permits are valid from January 1 of one year to December
31 of the second year. Applications for permits must be made to the zoning and planning director.
(1) Fees charged for the issuance of a permit to keep chickens will be set by the city council.
(2) If the permit applicant is not the fee owner of the premises on which the chickens are sought to
be kept and for which the permit would apply, the application shall be signed by all fee owners of
the premises.
(3) The city may refuse to grant or may revoke a permit if the chickens become a nuisance, as
evidenced by a second substantiated violation (within 12 months of a first substantiated violation)
of this section of the City Code, or chapter 22 of the City Code.
(4) The city may refuse to grant a permit to, or may revoke a permit from, a person convicted of
cruelty to animals.
(5) Permits are non-transferable and do not run with the land.
(6) A permit is a license granted to the chicken keeper by the city and does not create a vested zoning
right.
(7) Prior to issuance of a permit, the prospective permit holder must acknowledge they have read the
chicken run educational material provided by the city.
(8) Prior to issuance of a permit, the prospective permit holder must provide a detailed sketch plan
of the premises on which chickens are sought to be kept, including the location, the dimensions
and design of the coop and run, establishing compliance with the chicken coop and run
specifications provided in this article.
(9) Prior to issuance of a permit, the prospective permit holder must provide a plan for maintaining
an adequate temperature in the coop for the safety of the chicken hens. The plan must address
both extreme winter and summer temperature conditions.
(10) The permit application will be processed administratively. It will not be referred to the city council
for consideration.
(Ord. No. 13-04, § 1, 7-24-2013)
Sec. 10-35. - [Permit regulations.]
Each person holding a permit to keep chickens within the city must comply with the following:
(1) The principal use of the specific property must be either single-family residential or two-family
residential. A permit will not be issued for any property which is used principally for something
other than single-family or two-family. If the property's principal use is two-family residential, then
the property owner must sign the permit in addition to the chicken keeper.
(2) No person may keep more than four chickens.
(3) No person may keep a rooster.
(4) No person may allow chickens to range freely without fencing or without a mobile pen.
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(5) No person may keep any chickens inside a house or garage.
(6) No person may slaughter any chickens within the city.
(7) Chickens must be provided a secure and well ventilated roofed structure ("chicken coop").
(8) The roofed structure for the chickens may only be located in a rear yard and must meet setback
and building separations as established in city zoning and building codes, except that the roofed
structure and fencing must maintain a 20-foot separation from dwellings on adjacent properties.
(9) The roofed structure shall be fully enclosed, windproof, and have sufficient windows for natural
light.
(10) All premises on which hens are kept or maintained shall be kept clean from filth, garbage, and
any substance which attracts rodents. The coop and its surrounding must be cleaned frequently
enough to control odor. Manure shall not be allowed to accumulate in a way that causes an
unsanitary condition or causes odors to be detected on another property. Failure to comply with
these conditions may result in removal of chickens from the premises or revocation of a chicken
permit.
(11) Chickens must be kept in the roofed structure, an attached pen, or a detached mobile pen
whenever they are unattended by the keeper; but when attended by the keeper, the chickens are
allowed in a completely fenced exercise yard.
(12) The coop's attached pen must be securely constructed with at least a mesh-type material and
shall have protective overhead netting to keep the chickens separated from other animals.
(13) The coop's attached pen must be well drained so there is no accumulation of moisture.
(14) The floor area of the roofed structure or a combination of the floor area and attached pen area
must equal at least ten square feet of area per chicken.
(15) All grain and food stored for the use of the hens on a premises with a chicken permit shall be kept
in a rodent-proof container.
(16) Leg bandings are required on all chickens. The bands must identify the owner and the owner's
address and telephone number.
(Ord. No. 13-04, § 1, 7-24-2013)
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Chapter 109 - SUBDIVISIONS AND PLATTING
FOOTNOTE(S):
--- (1) ---
State Law reference— Subdivision regulations, Minn. Stats. § 462.358.
ARTICLE I. - IN GENERAL
Sec. 109-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Alley means minor ways that are used primarily for vehicular service access to the back or the sides
of properties otherwise abutting on a street.
Arterial streets and highways means those that are used primarily for fast or heavy traffic.
Collector streets means those which carry traffic from minor streets to the major system of arterial
streets and highways, including the principal entrance streets of a residential development and streets for
circulation within such a development.
Marginal access streets means minor streets which are parallel to and adjacent to arterial streets and
highways, and which provide access to abutting properties and protection from through traffic.
Minor streets means those that are used primarily for access to the abutting properties.
Street means a way for vehicular traffic, whether designated as a street, highway, thoroughfare,
parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated.
Subdivision means the separation of an area, parcel, or tract of land under single ownership into two
or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest
necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or
any combination thereof, except those separations:
(1) 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;
(2) Creating cemetery lots;
(3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common
boundary.
The term includes resubdivision and, when appropriate to the context, shall relate to the process of
subdividing or to the land subdivided.
(Code 1993, § 9-17.01)
State Law reference— Subdivision defined, Minn. Stats, § 462.358, subd. 12.
Sec. 109-2. - Variances.
(a) Hardship. Where the city council finds that extraordinary hardships may result from strict compliance
with these regulations, it may vary the regulations so that substantial justice may be done and the
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public interest secured, provided that such variation will not have the effect of nullifying the intent and
purpose of the general community plan or these regulations.
(b) Large scale development. The standards and requirements of these regulations may be modified by
the city council in the case of a plan and program for a complete community, or a neighborhood unit,
which in the judgment of the city council provide adequate public spaces and improvements for the
circulation, recreation, light, air and service needs of the tract when fully developed and populated,
and which also provide such covenants or other legal provisions as will assure conformity to and
achievement of the plan.
(c) Conditions. In granting variances and modifications, the city council may require such conditions as
will, in its judgment, secure substantially the objectives of the standards or requirements so varied or
modified.
(Code 1993, § 9-17.07)
Sec. 109-3. - Platting required.
All subdivisions that create five or more lots or parcels that are 2½ acres or less in size shall be platted.
State Law reference— Mandatory requirements, Minn. Stats. § 462.358, subd. 3a.
Secs. 109-4—109-24. - Reserved.
ARTICLE II. - APPROVAL PROCEDURES
FOOTNOTE(S):
--- (2) ---
State Law reference— Review procedures required, Minn. Stats. § 462.358, subd. 3b.
Sec. 109-25. - Generally.
(a) Preapplication procedure.
(1) Sketches; information required. Previous to the filing of an application for conditional approval of
the preliminary plat (general subdivision plan), the subdivider shall submit to the planning
commission for review, subdivision sketch plans which shall contain the following information:
tract boundaries, north point, streets on and adjacent to the tract, significant topographical and
physical features, proposed general street layout, and proposed general lot layout and other
information related to any restrictions on the use of the land including easements, protective
covenants and zoning district. This step does not require formal application, fee or filing of plat
with the city council.
(2) Sketches not formal filing of plat. Such sketch plans will be considered as submitted for
preliminary and informal discussion between the subdivider and the planning commission.
Submission of a subdivision sketch plan shall not constitute formal filing of a plat.
(3) Conformity of design plans. As far as may be practical on the basis of a sketch plan, the planning
commission will informally advise the subdivider as promptly as possible of the extent to which
the proposed subdivision conforms to the design standards of this chapter and will discuss
possible plan modifications necessary to secure conformance.
Page 3
(b) Procedures for conditional approval of preliminary plat.
(1) Preliminary plat; improvements. On reaching conclusions informally as recommended above
regarding his or her general program and objectives, the subdivider shall cause to be prepared a
preliminary plat, together with improvement plans and other supplementary material as specified
in section 109-27
(2) Submission of preliminary plat. Six copies of the preliminary plat and supplementary materials
specified shall be submitted to the administrator with written application for conditional approval
at least 14 days prior to the planning commission meeting at which it is to be considered together
with the application fee for such submittal. The administrator shall promptly forward one copy
each of the preliminary plat and supplemental materials to the following: consulting engineer,
planning consultant, and when such land abuts a county or state highway copies shall be sent to
the county highway engineer or state highway commissioner.
(3) Engineering report. The engineering consultant shall submit his or her written report concerning
the engineering aspects of the project to the planning commission at least seven days prior to the
meeting at which the plat is to be considered.
(4) Plat compliance report. The planning consultant shall examine the plat for compliance with this
and other ordinances of the city and the city's comprehensive plan and shall submit a written
report to the planning commission at least seven days prior to the meeting at which the plat is to
be considered.
(5) Public hearing. A public hearing shall be held by the planning commission after the filing of the
preliminary plat. This hearing shall be held if possible, at the next regularly scheduled meeting of
the planning commission. A notice of the time, place, and purpose of the hearing shall be
published in the official city newspaper at least ten days prior to the date of the hearing. In
addition, the city shall notify, in writing, the subdivider and each owner of affected property and
property situated wholly or partly within 350 feet of the exterior boundary of the subject property.
(6) Recommendation report. After consideration of all hearings, reports, comments, and suggestions,
the planning commission shall within 30 days after the public hearing submit to the city council,
in writing, a report summarizing its recommendations and rationale concerning the preliminary
plat. Copies of the engineer's and planning consultant's reports shall also be forwarded to the city
council along with the preliminary plat and application.
(7) Conditional approval; disapproval. Following review of the planning commission recommendation
and other material submitted for conformity thereof to these regulations and negotiations with the
subdivider on changes deemed advisable and the kind and extent of improvements to be made
by him or her, the city council shall, within 30 days, act thereon as submitted or modified, and if
approved, the city council shall express its approval as conditional approval and state the
conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons
therefor.
(8) Action of city council noted. The action of the city council shall be noted on two copies of the
preliminary plat, referenced and attached to any conditions determined. One copy shall be
returned to the subdivider and the other retained by the city council.
(9) Conditional approval not indicative of final approval. Conditional approval of a preliminary plat
shall not constitute approval of the final plat (subdivision plat). Rather it shall be deemed an
expression of approval to the layout submitted on the preliminary plat as a guide to the preparation
of the final plat which will be submitted for approval of the city council and for recording upon
fulfillment of the requirements of these regulations and the conditions of the conditional approval,
if any.
(c) Procedures for approval of final plat.
(1) Conformity to preliminary plat. The final plat shall conform substantially to the preliminary plat as
approved, and, if desired by the subdivider, it may constitute only that portion of the approved
Page 4
preliminary plat which he or she proposes to record and develop at the time, provided, however,
that such portion conforms to all requirements of these regulations.
(2) Application for approval. Application for approval of the final plat shall be submitted in writing to
the city council at least 30 days prior to the meeting at which it is to be considered, together with
the application fee for such submittal.
(3) Final plat requirements. Ten copies of the final plat and other exhibits required for approval shall
be prepared as specified in section 109-27(b), and shall be submitted to the city council within six
months after approval of the preliminary plat; otherwise such approval shall become null and void
unless an extension of time is applied for and granted by the city council.
(4) Public hearing; approval or disapproval. At the discretion of the city council, a public hearing may
be held. Notice of said hearing shall be published in the official city newspaper at least ten days
prior to the date of the hearing. At such hearing all persons interested therein may be heard and
the city council may thereafter approve or disapprove the plat. Such approval or disapproval shall
be given not more than 60 days after the filing of any final plat with a formal request for its
approval. The grounds for any refusal to approve a plat shall be set forth in the proceedings of
the city council and reported to the person or persons applying for such approval. Plats after
approval may then be recorded as now provided by law and further described in the City's
Administrative Procedures Manual.
(Code 1993, § 9-17.02)
State Law reference— Effect of subdivision approval, Minn. Stats. § 462.358, subd. 3c.
Sec. 109-26. - Dividing existing lots.
(a) Procedure for dividing existing lots.
(1) Preapplication. Prior to the filing of an application for conditional approval of the proposed
subdivision of an existing tract of land, either by division of an existing lot, or metes and bounds
description of an existing tract, the subdivider shall submit to the city council plans and data
provided in section 109-25(a)(1). This step does not require formal application, fee or filing of plat
with the city council.
(2) Submission of sketch plans. Such sketch plans will be considered as submitted for preliminary
and informal discussion between the subdivider and the planning commission. Submission of a
subdivision sketch plan shall not constitute formal filing of a plat.
(3) Conformity to design standards; modifications. As far as may be practical on the basis of a sketch
plan, the planning commission will informally advise the subdivider as promptly as possible of the
extent to which the proposed subdivision conforms to the design standards of this chapter and
will discuss possible plan modifications necessary to secure conformance.
(b) Conditional approval.
(1) Preliminary survey; supplementary material. On reaching conclusions informally as
recommended above regarding his or her general program and objectives, the subdivider shall
cause to be prepared a preliminary survey, together with improvement plans and other
supplementary material as specified in section 109-27
(2) Submission of material; application. Six copies of the preliminary survey and supplementary
material specified shall be submitted to the administrator with written application for conditional
approval together with an application fee for such submittal at least 14 days prior to the planning
commission meeting at which it is to be considered.
Page 5
(3) Engineering report. The engineering consultant shall submit his or her written report concerning
the engineering aspects of the project to the planning commission at least seven days prior to the
meeting at which the plat is to be considered.
(4) Compliance report. The planning consultant shall examine the plat for compliance with this
chapter and other ordinances of the city and the city's comprehensive plan and shall submit a
written report to the planning commission at least seven days prior to the meeting at which the
plat is to be considered.
(5) Public hearing. A public hearing shall be held by the planning commission after the filing of the
preliminary survey. This hearing shall be held if possible, at the next regularly scheduled meeting
of the planning commission. A notice of the time, place, and purpose of the hearing shall be
published in the official city newspaper at least ten days prior to the date of the hearing. In
addition, the city shall notify, in writing, the subdivider and each owner of affected property and
property situated wholly or partly within 350 feet of the exterior boundary of the subject property.
(6) Recommendation report. After consideration of all hearings, reports, comments, and suggestions,
the planning commission shall within 30 days after the public hearing submit to the city council,
in writing, a report summarizing its recommendations and rationale concerning the preliminary
survey. Copies of the engineer's and planning consultant's reports shall also be forwarded to the
city council along with the preliminary survey and application.
(7) Approval; disapproval. Following review of the preliminary survey and other material submitted
for conformity thereof to the existing regulations and ordinances of the city, and negotiations with
the subdivider on changes deemed advisable and the kind and extent of improvements to be
made by him or her, the council shall, within 30 days, act thereon as submitted or modified, and
if approved, shall refer the preliminary survey to the planning commission for its approval or
disapproval, and if disapproved, the planning commission and city council shall express its
disapproval and the reasons therefor.
(8) Action of city council noted. The action of the city council shall be noted on two copies of the
preliminary survey, referenced and attached to any conditions determined. One copy shall be
returned to the subdivider and the other retained by the city council.
(9) Conditional approval not indicative of final approval. Conditional approval of a preliminary survey
shall not constitute approval of the final survey. Rather, it shall be deemed an expression of
approval to the layout submitted on the preliminary survey as a guide to the preparation of the
final survey which will be submitted for approval of the city council and for recording upon
fulfillment of the requirements of these regulations and the conditions of the conditional approval,
if any.
(c) Final survey.
(1) Conformity to preliminary survey. The final survey shall conform substantially to the preliminary
survey as approved, and, if desired by the subdivider, it may constitute only that part of the
approved preliminary survey which he or she proposes to record and develop at the time,
provided, however, that such portion conforms to all requirements of these regulations.
(2) Application for approval. Application for approval of the final survey shall be submitted in writing
to the city council at least 30 days prior to the meeting at which it is to be considered.
(3) Final survey requirements. Ten copies of the final survey and other exhibits required for approval
shall be prepared as specified in section 109-27(b), and shall be submitted to the city council
within six months after approval of the preliminary survey; otherwise such approval shall become
null and void unless an extension of time is applied for and granted by the city council.
(4) Public hearing; approval; disapproval. At the discretion of the city council, a public hearing may
be held. Notice of said hearing shall be published in the official city newspaper at least ten days
prior to the date of the hearing. At such hearing all persons interested shall be heard and the city
council may thereafter approve or disapprove the survey. Such approval or disapproval shall be
given not more than 60 days after the filing of any survey with a formal request for its approval.
Page 6
The grounds for any refusal to approve a survey shall be set forth in the proceedings of the city
council and reported to the person applying for such approval. Surveys after approval, may then
be recorded as now provided by law and further described in the city's Administrative Procedures
Manual.
(Code 1993, § 9-17.03)
Sec. 109-27. - Plats and data.
(a) Conditional approval. Topographical data required as a basis for the plat in subsection (b) of this
section shall include existing conditions as follows except when otherwise specified by the city council.
(1) The date.
(2) Map scale.
(3) Name and address of: owner, subdivider, surveyor*, engineer*, designer* (*include license
numbers and seals).
(4) The name of the proposed subdivision and all subdivisions adjacent to it.
(5) Description:
a. Field survey of the boundary lines of the tract giving complete descriptive data by bearings
and distances, made and certified by a licensed land surveyor.
b. Descriptions, reference ties and elevations of all benchmarks.
c. Total acreage of the proposed subdivision.
(6) Existing conditions:
a. Zoning district, including exact boundary lines of the district. If more than one district, any
proposed changes in the zoning district lines including dimensions and/or the zoning code
text applicable to the area to be subdivided.
b. Topographic data with a contour interval of not more than two feet and showing spot
elevations at all breaks in grade, along all drainage channels, and at selected points not
more than 100 feet apart in all directions in extremely flat areas. Wooded areas, power
transportation poles and lines, gas lines, single trees with a diameter of eight inches or more
as measured three feet above the base of the trunk, and other significant existing features
for the proposed subdivision and adjacent property.
c. Soils information prepared by qualified licensed professional.
d. The location, right-of-way width, and names of existing or platted streets or other public
ways. Park and other public lands, permanent buildings, and structures, easements, section
and corporate lines within the subdivision and to a distance 100 feet beyond.
e. The location, size, grade and direction of flow of existing sewers, water mains, culverts,
drains and underground facilities on the property and to a distance of 100 feet beyond. Such
elevations and locations of catch basins, inverts, manholes, hydrants and street pavement
width and type.
f. Proposed public improvements, highways, or other major improvements planned by public
authorities for future construction on or near the site.
g. Photographs (if required by planning commission), camera locations, direction of view, and
key numbers.
(7) Design features:
a. Layout of proposed streets, alleys, pedestrian ways and easements showing right-of-way
widths, gradients, and proposed street names. Preliminary dimensions of lots and blocks
Page 7
with their layout numbers using consecutive numbering of all lots and blocks beginning with
a number "1" within the subdivision; outlots shall be designated by alphabetical order
beginning with "A."
b. Areas intended to be dedicated or reserved residential lots, typical lots sizes plus information
about all proposed uses within the subdivision. Minimum front and side buildings setback
lines. Location, size, and gradients of proposed sanitary sewers, storm sewers, water mains,
and plans for surface drainage and flood control.
(8) When required by planning commission, the petitioner shall provide the following supplemental
information:
a. Profiles showing existing ground surface and proposed street grades including extensions
for a reasonable distance beyond the limits of the proposed subdivision, typical cross
sections of the proposed grading, roadways and sidewalks.
b. Draft of protective covenants whereby the subdivider proposes to regulate land in the
subdivision and otherwise protect the proposed development.
(b) Final plat. Final plat shall be drawn in ink on tracing cloth on sheets and shall be at a scale of 100 feet
to one inch or larger (preferred scale of 50 feet to one inch). Where necessary, the plat may be on
several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions
the final plat may be submitted for approval progressively in contiguous sections satisfactory to the
city council. The final plat shall show the following:
(1) State requirements by law (for clarification see Minn. Stats. § 505.02).
(2) Name of all thoroughfares.
(3) Names and locations of all public grounds.
(4) Dimensions of all lots, thoroughfares, and public grounds.
(5) All inlots, outlots, and blocks numbered in accordance with state statutes.
(6) Indication that all monuments have been set.
(7) All data necessary to locate monuments and to trace all interior and exterior boundary lines.
(8) The plat graphically shown with measurements in accordance with state statutes.
(9) Ditto marks are not to be used anywhere on the plat.
(10) Where a pond constitutes a boundary line within or on the plat, a survey line shall be shown in
relation to the water line.
(11) The outside boundary lines of the plat shall close with an error not to exceed one foot in 7,500
feet.
(12) All ponds, swamps and all public highways or thoroughfares laid out, opened, or traveled (existing
before platting) shall be correctly shown.
(13) Name and adjacent boundary lines of any adjoining plat.
(Code 1993, § 9-17.05)
Sec. 109-28. - Plans and data for subdivisions.
While it is understood that generally a proposed subdivision of an existing lot, or conveyance by metes
and bounds description will not be a development of the scope contemplated by the presentation and
acceptance of a plat, the city council hereby declares that it is in the best interests of community planning
and development to require the same or similar plans and data for such a subdivision, as it does for the
presentation and acceptance of a plat. The city council shall require compliance with this section which is
Page 8
hereby made applicable to all conveyances when the parcel of land conveyed is less than 2½ acres in area
and 150 feet in width.
(Code 1993, § 9-17.06)
Sec. 109-29. - Fees and costs.
The zoning administrator shall charge each applicant for subdivision or platting approval such fees as
may be prescribed therefor by ordinance. Each applicant shall also pay all legal, engineering, planning, and
similar out-of-pocket costs incurred by the city in connection with the respective matter. The zoning
administrator with the approval of the city council may require each applicant to deposit with the city in
escrow a cash amount based on an estimate by the zoning administrator of such fees and costs. Any
surplus shall be refunded to and any additional costs paid by the applicant. The obligation to pay such fees
and costs shall not be affected by the disposition of the matter.
(Code 1993, § 9-17.08)
Secs. 109-30—109-46. - Reserved.
ARTICLE III. - DESIGN STANDARDS
FOOTNOTE(S):
--- (3) ---
State Law reference— Design standards authorized, Minn. Stats. § 462.358, subd. 2a.
Sec. 109-47. - Streets.
(a) Conformity to master plan. The arrangement, character, extent, width, grade and location of all streets
shall conform to the city's master plan and shall be considered in their relation to existing and planned
streets, to topographical conditions, to public convenience and safety and in their appropriate relation
to the proposed uses of the land to be served by such streets.
(b) Reserve strips. Reserve strips controlling access to streets shall be prohibited except where their
control is definitely placed in the city under conditions approved by the city council.
(c) Street job requirement. Street jobs with centerline offsets of less than 125 feet shall be avoided.
(d) Street, street line requirements. When connecting street lines deflect from each other at any one point
by more than ten degrees they shall be connected by a curve with a radius adequate to facilitate safe
driving conditions and provide a pleasing appearance. Streets shall be laid out so as to intersect at a
minimum of 90 degrees included angle.
(e) Curbline requirements. Curblines at street intersections shall be rounded with a radius of 15 feet, or of
a greater radius where the city council may deem it necessary. The city council may permit comparable
cutoffs or chords in place of rounded corners.
(f) Right-of-way widths. Street right-of-way widths shall be as shown in the city's master plan and where
not shown therein shall be not less than as provided in this article.
(Code 1993, § 9-17.04(1))
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Sec. 109-48. - Right-of-way.
(a) Half streets. Half streets shall be prohibited except where essential to the reasonable development of
the subdivision in conformity with the other requirements of these regulations and where the city
council finds it will be practicable to require the dedication of the other half when the adjoining property
is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street
shall be platted within such tract.
(b) Dead-end streets. Dead-end streets, designed to be so permanently, shall not be longer than 400 feet
and shall be provided at the closed end with a turnaround having an outside roadway diameter of at
least 80 feet, and a street property line diameter of at least 100 feet.
(c) Street names. Street names shall be subject to the approval of the city council.
(d) Street grades. Street grades, wherever feasible, shall meet current policies of the American
Association of State Highway Officials for urban areas (AASHO).
(e) Street grade requirement. No street grades shall be less than one percent.
(Code 1993, § 9-17.04(2))
Sec. 109-49. - Alleys.
(a) Alleys shall be provided to commercial and industrial districts, except that the city council may waive
this requirement where other definite and assured provision is made for service access, such as off-
street loading, unloading, and parking consistent with and adequate for the uses proposed.
(b) The width of an alley shall be a minimum of 20 feet.
(c) Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners
shall be cut off sufficiently to permit safe vehicular movement.
(d) Dead-end alleys shall be avoided.
(Code 1993, § 9-17.04(3))
Sec. 109-50. - Easements.
(a) Easements across lots or centered on rear or side lot lines shall be provided for utilities where
necessary and shall be at least ten feet wide.
(b) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be
provided a stormwater easement or drainage right-of-way conforming substantially with the lines of
such watercourse, and such further width or construction, or both, as will be adequate for the purpose.
Parallel streets or parkways may be required in connection therewith.
(c) The lengths, widths, and shapes of blocks shall be determined with due regard to:
(1) Provision of adequate building sites suitable to the special needs of the type of use contemplated;
(2) Zoning requirements as to lot sizes and dimensions;
(3) Needs for convenient access, circulation, control and safety of street traffic;
(4) Limitations and opportunity of topography.
(d) Block lengths shall not exceed 1,000 feet or be less than 300 feet.
(Code 1993, § 9-17.04(4))
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Sec. 109-51. - Lots.
(a) The lot size, width, depth, shape and orientation and the minimum building setback lines shall be
appropriate for the location of the subdivision and for the type of development and use contemplated.
(b) Lot dimensions shall conform to chapter 113, zoning.
(Code 1993, § 9-17.04(5))
Sec. 109-52. - Public sites and open spaces.
(a) Where a proposed park, playground, school or other public use shown in a city's master plan is located
in whole or in part in a subdivision, the city council may require the dedication or reservation of such
area within the subdivision in those cases in which the planning commission deems such requirements
to be reasonable.
(b) Where deemed essential by the city council, upon consideration of the particular type of development
proposed in the subdivision, and especially in large-scale neighborhood unit developments not
anticipated in the city's master plan, the city council may require the dedication or reservation of such
other areas or sites of a character, extent and location suitable to the needs created by such
development for schools, parks and other neighborhood purposes.
(Code 1993, § 9-17.04(6))
Sec. 109-53. - Parkland dedication.
(a) As a condition to approval of any subdivision of land, the owner shall dedicate a portion of the gross
area of such land for public park, playground, open space, trail system or other public recreational
purposes according to the following schedule:
(1) Eight percent for land zoned R-1 one-family residential district;
(2) Nine percent for land zoned R-2 two-family residential district;
(3) Ten percent for land zoned R-4 medium density multiple-family district - apartment buildings;
(4) Ten percent for land zoned R5-M mixed use high density residential district;
(5) Ten percent for land zoned B business district; and
(6) Prorated percentage according to subsections (1)—(4) of this section for land zoned planned unit
development district.
(b) The land to be dedicated for public purposes under subsection (a) of this section shall be reasonably
adaptable to the use intended, shall be at a location convenient to people to be served thereby, and
shall not be used in computing compliance with open space or density requirements under chapter
113, zoning.
(c) The area of land required to be dedicated for said purposes shall be reduced by not more than one-
half by the area of land in the subdivision which by restrictive covenant or other instrument on terms
satisfactory to the city will be available as a common area for use by owners or occupants of such
land.
(d) At the option of the city and in lieu of such dedication, the owner shall pay to the city for such purposes
a cash payment equal to the fair market value of the land that would otherwise be required to be
dedicated under this section.
(e) 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.
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(f) Property being subdivided without an increase in the number of lots shall be exempt from the
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.
(Code 1993, § 9-17.04(7); Ord. No. 11-04, § 1, 9-14-2011)