HomeMy WebLinkAbout01/14/2009 P&Z Packet•
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MEETING
Wednesday, January 14, 2009
6:30 p.m.
Council Chambers
(Scheduled to be televised on Ch. 16)
Please be courteous and turn off all electronic devices during the meeting.
AGENDA
I. CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES: October 8, 2008 and November 12, 2008
IV. OPEN MIKE
V. ACTION ITEMS
A. PUBLIC HEARING to Amend the Subdivision Ordinance to clarify requirements
for submittals, procedures, and development agreements, and to reformat the
ordinance for consistency with the city code — Jeff Smyser
B. PUBLIC HEARING to Amend the Zoning Ordinance to change the defmition of
"Private Kennel" to allow three dogs without a kennel license — Paul Bengtson
VI. DISCUSSION ITEMS
A. Comp Plan Update
VII. ADJOURN
Meeting guidelines on reverse side.
City of Lino Lakes Planning & Zoning Board
MEETING GUIDELINES
Open Mike — The purpose of a Board Meeting is to accomplish the business of the city.
When presenting at a meeting please remember to be respectful, and follow these
guidelines:
• Please address the meeting chair.
• State your name and address for the record.
• Please observe a 4- minute limit.
• The topic must relate to city business.
• Open Mike is for items not on the agenda.
• A spokesperson must represent a group of five or more — groups will have 8 minutes.
• The Presiding Officer may limit duplicative presentations.
• Remember, the meeting is to discuss city business only.
Public Hearing - Held as a separate item of business on the agenda. The public hearing
segment is your opportunity to tell the Board how you feel about issues scheduled to be
heard. Typically, a hearing follows these steps:
• The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and
ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all
meetings.
• Staff will present their report on the proposal.
• Board members will then ask City Staff questions about the proposal.
• The Presiding Officer will then open up the public hearing for anyone present who wishes to
comment on the proposal. This is the time for the public to make comments or ask questions
about the proposal.
Comments should be limited to four (4) minutes unless further time is granted by the
Presiding Officer. All comments should be directed to the Board as a body and not to any
individual Board Member or City Staff Member unless permission is granted by the Presiding
Officer. No person shall be permitted to enter into any discussion, either directly or through a
member of the Board without the permission of the Presiding Officer.
• After everyone in the audience wishing to speak has given his/her comments, the Presiding
Officer shall close the public hearing.
• The Board will then discuss the proposal. No further public comments are allowed.
• The Board will then make a recommendation(s) and/or a decision.
When you are called upon for your comments, please step to the microphone at the
podium and state your name and address for the record.
Occasionally, the Board may continue a hearing to another meeting before taking action.
Meeting Etiquette
The Planning & Zoning Board must preserve order and decorum while the meeting
is in session. A resident shall not, by conversation or otherwise, delay or interrupt
the proceedings or the business of the Board, nor disturb any resident or Board
Member while speaking or refuse to obey the orders of the Board.
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
MBEF
STAFF PRESI
ichael Hyden, Perry Laden, Robert Neiso
Brian Pogalz (Vice Chair), Rob Rafferty, Paul
I. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30
411 p.m. on October 8, 2008.
II. APPROVAL OF AGENDA
Mr. Rafferty requested that Discussion Item C be added for discussion of the
Comprehensive Plan. The agenda was approved as amended.
III. APPROVAL OF MINUTES:
September 10, 2008
Mr. Rafferty requested a revision to the minutes on Page 7, paragraph 8, changing the
word "previous" to "existing."
Mr. Hyden made a MOTION to approve the September 10, 2008 Minutes with the
requested change. Motion was supported by Mr. Laden.
Mr. Nelson arrived.
Motion carried 4 - 0. Nelson abstained.
IV. OPEN MIKE
• Chair Tralle declared Open Mike at 6:35 p.m.
There was no one present for Open Mike.
DRAFT MINUTES
Planning & Zoning Board
October 8, 2008
Page 2
Mr. Pogalz made a MOTION to close Open Mike at 6:36 p.m. Motion was supported by
Mr. Hyden. Motion carried 5 - 0.
V. ACTION ITEMS
A. Variance from the Ordinary High Water Level to allow for the reconstruction
of an accessory structure located at 1801 77th St.
Paul Bengtson, Associate Planner, presented the staff report.
Mr. Bengtson explained that since the writing of the staff report, staff identified
additional issues with the application. Upon a site inspection, staff became aware that
there are two existing accessory structures on the property, which would be counted as
part of the total allowable accessory structures. Mr. Bengtson explained that a total of
3600 sq. ft. of accessory structures are allowed on a 4.89 acre parcel. In addition, the
application includes a request to put a roof structure over part of an existing deck. He
stated that because the existing deck is already an encroachment into the shoreland
setback area, the proposed deck cover addition would also be considered an
encroachment.
City Staff recommended denial of the variance request based on the facts that the
proposed addition would increase its nonconformity from the shoreland setback, the
proposed addition would surpass the allowable accessory buildings on the site, and the
proposed deck cover addition would be an additional encroachment.
Mr. Bengtson explained that without approval of the application, the applicant would still
be able to rebuild exactly what existed prior to the removal of his garage.
Applicant, Ron Marier, 1801 77th St., stated that his property is taxed at 5.14 acres. On
Peltier Lake, his house is the farthest away from the lake as well as the highest. His plan
is to install a handicapped lift system in the home. Mr. Marier said that in order to
receive approval, he would move the addition back to match the setback of the house. He
explained that they take care of people in an assisted living type of process. He is
planning to add a mud room to correct a water problem as well as to increase the area for
handicap access. Mr. Marier would like to keep this tradition going into the future. He
stated that without the addition, he would probably have to sell the property. Mr. Marier
would really like to keep the property in his family and would keep the property as
pristine as it is now.
Board members discussed the possibility of the addition being moved towards the front
of the home. Mr. Marier stated that he has been planning this project for many years and
explained why the addition is located as proposed. Mr. Marier noted that a different
location would change the aesthetics of the house. He would like to keep the original
integrity of the home. Mr. Marier explained the history of the property as well as the
existing structures on the site.
DRAFT MINUTES
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Planning & Zoning Board
October 8, 2008
Page 3
Board members asked if Mr. Marier would consider reducing or removing one of the
existing accessory structures in order to meet the accessory structure allowance. Mr.
Marier stated that he would tear down a building if necessary. He explained that this
garage built for handicap access is more important than his existing storage buildings.
Staff explained that if Mr. Marier's property is indeed five acres, the total allowable
accessory structures would be 4200 sq. ft. The existing sheds are roughly 4200 sq. ft. and
the new structure would be 1000 sq. ft. The new total would be 5200 sq. feet. This
would be a net increase of 475 sq. ft. from that of the previous garage.
Mr. Marier believes that the discrepancy of the total square footage of his lot is that the
St. Paul Water Department claims to own part of the shoreline area, but Mr. Marier
believes the he owns all of the property.
Some board members did not see a problem considering the lot size as five acres if the
applicant is paying taxes for that size of property.
Most board members agreed that they would prefer that the applicant stay within the
maximum square footage of allowable accessory structures, as well as moving the
structure back so to not increase the encroachment.
Mr. Nelson was comfortable with the proposal, pointing out that the Marier family has
been good stewards of the land, and did not agree that the applicant should have to
destroy a pre- existing shed.
Board Members recommended that Mr. Marier return to the November meeting with
documentation that the property is five acres, revised to -scale drawings showing a new
proposal for the addition, and the exact sizes of the existing accessory structures. They
stated that they would not approve the addition of a roof over the existing deck. Mr.
Marier declared that he understood what the board was requesting.
Mr. Laden made a MOTION to table this item to the November Planning and Zoning
Board Meeting. Motion was supported by Mr. Rafferty. Motion carried 5 - 0.
VI. DISCUSSION ITEMS
A. Animal Chiropractic Care
Mr. Bengtson presented the staff report.
Dr. Josee Gerard, 6776 Lake Drive, Suite 210, is a licenses animal chiropractor. Ms.
Gerard explained that she was the person who worked for the past five years to get
the licensing of animal chiropractic care approved in the state of MN. Ms. Gerard
referred to specific areas of the statute that specified requirements of treating humans
and animals in the same facility.
Mr. Bengtson stated that there were no health concerns from Anoka County, the State
Board of Health, and the State Board of Chiropractors.
DRAFT MINUTES
Planning & Zoning Board
October 8, 2008
Page 4
Ms. Gerard explained that the owner of the E. G. Rud building suggested that her
facility be located in the garage area of the Rud building for the care of animals. She
clarified that livestock animals would be treated on a house -call only basis, not in the
clinic.
Mr. Laden made a MOTION to forward to city council that the interpretation of
chiropractic care in the Lino Lakes Zoning Ordinance includes domestic animals.
Motion was supported by Mr. Hyden. Motion carried 5 -0.
B. Town Center Signage Requirements
Mr. Bengtson presented the staff report.
The majority of the board members agreed that they would be comfortable with
amending the Town Center Guidelines to allow a third wall sign to businesses in the
Town Center development.
Staff agreed to forward the board's comments to the Country Inn and Suites.
C. Comp Plan Update
Mr. Rafferty discussed his concerns with the limited attendance at Comprehensive
Plan Advisory Panel meetings throughout the Comprehensive Plan update process.
Mr. Rafferty was concerned about issues that changed throughout the drafting of the
plan and the review of those changes by the panel.
Mr. Pogalz stated that meeting materials were distributed to all of the advisory panel
members, and every member had the opportunity to make comment.
VII. ADJOURNMENT
Mr. Rafferty made a MOTION to adjourn the meeting at 9:08 p.m. Motion was
supported by Mr. Hyden. Motion carried 5 -0.
Respectfully submitted,
Dawn Bugge
Community Development Assistant
DRAFT MINUTES
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
ERS .ABSEP
STAFF' PRESENT
November 12, 2008
6:30 P.M.
= 6.59 P.M.
Michael Hyden, Perry Laden, Robert Nero]
Michael Root, Paul Tralle (Chair)
• Brian Pogalz (Vice Chair), Rob Raffe
Paul Bengtson, Jeff Smyser ; ..
I. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30
p.m. on November 12, 2008.
II. APPROVAL OF AGENDA
The Agenda was approved as presented
III. APPROVAL OF MINUTES:
October 8, 2008
Mr. Laden made a MOTION to table the approval of the October 8, 2008 minutes to the
December meeting. Motion was supported by Mr. Nelson. Motion carried 4 - 0.
IV. OPEN MIKE
Chair Tralle declared Open Mike at 6:33 p.m.
There was no one present to speak.
Mr. Nelson made a MOTION to close Open Mike at 6:34 p.m. Motion was supported by
Mr. Laden. Motion carried 4 - 0.
V. ACTION ITEMS
DRAFT MINUTES
Planning & Zoning Board
November 12, 2008
Page 2
A. CONTINUED Variance from the Ordinary High Water Level to allow for the
reconstruction of an accessory structure located at 1801 77th St.
Paul Bengtson, Associate Planner, presented the staff report. Staff recommended denial
of the variance request, due to the findings of fact.
Mr. Bengtson stated that Mr. Marier had provided documentation from the county that
his parcel is five acres in size.
Ron Marier, 1801 77th St., stated that he revised the plan, removed the request for a porch
cover, and was willing to reduce the size of an accessory structure if necessary to obtain
the variance. He noted that the garage is the most important piece to allow for handicap
access to the property.
Mr. Nelson made a MOTION to recommend approval of the Variance from the OHWL
to allow for the reconstruction of an accessory structure located at 1801 77th St. subject to
the following condition:
1. Prior to certificate of occupancy for the addition, the property owner must submit
proof that the accessory buildings on site have been reduced to a maximum of 4,200
square feet in area.
Motion was supported by Mr. Root. Motion carried 4 - 0.
B. PUBLIC HEARING to Amend the Planned Unit Development for Legacy at
Woods Edge to amend the signage standards within Chapter 5 of the Lino Lakes
Town Center Design and Development Guide.
Mr. Bengtson presented the staff report. Staff recommended approval of the amendment
request.
Mr. Hyden arrived at 6:52 p.m.
Mr. Tralle opened the Public Hearing at 6:53 p.m. No one was present to speak.
Mr. Root made a MOTION to close the Public Hearing at 6:54 p.m. Motion was
supported by Mr. Laden. Motion carried 4 -0.
Mr. Laden made a MOTION to approve the amendment to the Town Center Design and
Development Guide to allow user tenants to have three wall signs. Motion was supported
by Mr. Nelson. Motion carried 4 -0.
C. Final Plat for Marketplace 3rd Addition for a commercial subdivision lot line
adjustment.
Mr. Bengtson presented the staff report. Staff noted that the city attorney approved of the
plat as presented. Staff recommended approval of the Final Plat.
DRAFT MINUTES
Planning & Zoning Board
November 12, 2008
Page 3
• Mr. Nelson made a MOTION to approve the Final Plat for Marketplace 3rd Addition.
Motion was supported by Mr. Root. Motion carried 4 -0.
VI. DISCUSSION ITEMS
A. Comp Plan Update
Mr. Smyser stated that the City Council approved the distribution of the Comprehensive
Plan Update for review by neighboring communities, counties and school districts. He
added that the council will continue discussion of the plan during this review period.
VII. ADJOURNMENT
Mr. Nelson made a MOTION to adjourn the meeting at 6:59 p.m. Motion was supported
by Mr. Tralle. Motion carried 4 -0.
Respectfully submitted,
Dawn Bugge
Community Development Assistant
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DRAFT MINUTES
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AGENDA ITEM V.A.
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: January 14, 2009
TOPIC: PUBLIC HEARING: Amending Subdivision Ordinance
BACKGROUND
The existing subdivision ordinance was adopted in 2003. The ordinance was almost a complete
rewrite of the previous one that had been in effect since 1993 with only a few amendments.
The 2003 ordinance has served us fairly well, but we have learned that some provisions needed
clarification or correction. First, there are housekeeping issues that commonly arise in any type
of ordinance. Second, state statutes and city procedures have evolved and the ordinance needs
to reflect these changes.
The third reason for considering these amendments now is that the City has undertaken the
monumental administrative task of codifying all of its ordinances into the City Code using one
consistent format. The City Clerk has been working on this for two years or more. The City is
working with a consulting firm on the codification project. The consultant converted all the
ordinances into a consistent format. Each department is responsible for reviewing the drafts of
ordinances it administers. As long as we are doing this, it's an appropriate time for
housekeeping, corrections, and updates.
There will be another round of amendments in the foreseeable future after the comprehensive
plan is adopted. Staff believes it is most efficient to make these currently proposed, relatively
straightforward amendments now. The potentially more extensive revisions in the future may
involve significant policy issues in a new comprehensive plan— issues that are not yet decided.
The zoning ordinance also will need substantive revisions to implement a new comprehensive
plan. The zoning ordinance is a very large document and amendments will require a series of
meetings of the Planning & Zoning Board.
The ordinance with proposed amendments is attached. Proposed text additions are underlined,
deletions are shown in strikeeut. The formatting changes, such as changes in numbering of
sections, are not indicated because that would result in a visually distracting document.
However, citations of other sections are noted, and there are some notes that refer to probable
future considerations. Staff will move through the ordinance, explaining substantive changes
and answering any questions.
When we make it through the ordinance and the Board is satisfied with the amendments, the
next step is to forward it to the City Council with a recommendation of approval. There is no
pressing need to finish it tonight, but if we don't, we hope to finish at the February meeting.
OPTIONS
1. Approve amendments to subdivision ordinance and forward to City Council with
recommendation to approve.
2. Return to staff with direction.
RECOMMENDATION
If we get through the entire ordinance, the Board should recommend approval to the City
Council —Option 1.
If not, continue the public hearing to the February 11 meeting — Option 2.
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CHAPTER 1001: SUBDIVISION REGULATIONS
DRAFT JANUARY 5, 2009
Tablc of Contcnts
1001 1 Title 1001.1
1001 2 Purpose 1001.1
1001 3 Jurisdiction 1001.1
1001 4 Platting Authority 1001.1
1001 5 Policy 1001.1
1001 6 Application of Rules 1001.2
1001 7 Definitions 1001.3
1002 1 Compliance With Comprehensive Plan, Zoning Ordinance, and
Official
Map
1002.1-
1002 2 Fees 1002.1
1002 3 Restrictions on Filing and Recording Conveyance 1002.1
1002 4 Building Permits 1002.2
1002 5 Variances 1002.2
1002 6 Premature Subdivisions 1002.2
1002 7 MUSA Allocation 1002.5
1003 1 Information Required for Concept Plan 1003.1
1003 2 Filing and Review of Application 1003.4
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1004 1 Information Required for Preliminary Plat
1004 2 Filing and Review of Application
Section 1005:
1005 1
1005 2
1005 3
1001.1
1004.9
FINAL PLAT
Filing and Requirements for Application 1005.1
Review, Approval, or Denial 1005.5
Form and Content -4005,6
1005 1 Recording 1005.6
1005 5 Record Plans 1005.6
DRAFT JANUARY 5, 2009
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1006 1 Application 1006.1
1006 2 Qualification 1006.1
1006 3 Filing and Review of Application 1006.1
1006 4 Procedure 40064
1006 5 Recording 1006.4
1007 1 Conformity with the Comprehensive Plan and Zoning Ordinance ..... 1007.1
1007 2 Land Requirements 1007.1
1007 3 Blocks 1007.1
1007 1 Lots 1007.1
1007 5 Conservation Subdivision Design 1007.1
1007 6 Streets and Alleys 1007.7
1007 7 Easements 1007.8
1007 8 Storm Water Management and Erosion and Sedimcnt Control 1007.9
1007 9 Public Utilities 1007.9
1008 1 Property Dedication 1008.1
1009 1 Tree Preservation by Subdividers .. 1009.1
1009 2 Tree Replacement 1009.4
1010 1 Required Public Improvements 1010.1
1010 2 Subdivision Monuments 1010.1
1010 3 Required Private Improvements 1010.2
1010 4 Improvement Financing 1010.3
1010 5 Utility Area and Unit Charges 1010.3
1010 6 Development Agreement 1010.3
1010 7 Construction Plans 1010.5
1010 8 Maintenance of Improvements 1010.5
1011 1 Escrow Deposit 1011.2
1011 2 Letter of Credit 1011.2
1011 3 Release of Financial Security 1011.3
1012 1 Violations 1012.1
1012 2 Penalties 1012.1
1012 3 Application to City Personnel . 1012.1
1012 4 Injunction 1012.1
DRAFT JANUARY 5, 2009
1013 1 Severability 1013.1
1013 2 Supremacy 1013.1
Section 1014: EFFECTIVE DATE 1011.1
DRAFT JANUARY 5, 2009
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Section
General Provisions
1001.001 Title
1001.002 Purpose
1001.003 Jurisdiction
1001.004 Platting authority
1001.005 Policy
1001.006 Application of rules
1001.007 Definitions
1001.008 Compliance with Comprehensive Plan, Zoning Code, and official map
1001.009 Fees
1001.010 Restrictions on filing and recording conveyance
1001.011 Building permits
1001.012 Variances
1001.013 Premature subdivision
1001.014 MUSA allocation
Concept Plan
1001.025 General
1001.026 Information required for concept plan
1001.027 Filing and review of application
1001.028 Determination of requirement for environmental review documents
Preliminary Plat
1001.040 General
1001.041 Information required for preliminary plat
1001.042 Filing and review of application
Final Plat
1001.055 Filing and requirements for application
1001.056 Information required for final plat
1001.057 Review, approval, or denial
1001.058 Form and content
1001.059 Recording
1001.060 Record plans
DRAFT JANUARY 5, 2009
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Minor Subdivision
1001.075 Application
1001.076 Qualification
1001.077 Filing and review of application
1001.078 Information requirements
1001.079 Procedure
1001.080 Recording
1001.081 Reports to City Council
Design Standards
1001.095 Conformity with the Comprehensive Plan and Zoning Code
1001.096 Land requirements
1001.097 Blocks
1001.098 Lots
1001.099 Conservation subdivision design
1001.100 Streets and alleys
1001.101 Easements
1001.102 Storm water management and erosion and sediment control
1001.103 Public utilities
1001.115 Property dedication
Public Land Dedication
Tree Preservation
1001.125 General
1001.126 Tree preservation by subdividers
1001.127 Tree replacement
Improvements
1001.140 Required public improvements
1001.141 Subdivision monuments
1001.142 Required private improvements
1001.143 Improvement financing
1001.144 Utility area and unit charges
1001.145 Development agreement
1001.146 Construction plans
1001.147 Maintenance of improvements
1001.148 Financial security
1001.149 Enforcement
1001.150 Application to city personnel
DRAFT JANUARY 5, 2009
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1001.151 Injunction
1001.152 Severability and supremacy
DRAFT JANUARY 5, 2009
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GENERAL PROVISIONS
§ 1001.001 TITLE.
This chapter shall be known as the Lino Lakes Subdivision Chapter and will be referred to herein as
this chapter.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.002 PURPOSE.
The Council, being aware of the responsibility which they have for the adoption of ordinances, rules
and regulations designed for the protection of health, safety and general welfare of this community, deem it
necessary to provide regulations for platting and subdividing of property within the city which will prevent,
as far as possible, the uses of land which are not feasible, the location of streets where the location does not
fit the overall pattern of the city, the general design of the proposed building lots in any platted area which
might prevent compliance with the Building Code, Zoning Chapter, or other regulations of the city in the
future, and to make all subdivisions of property conform as nearly as possible with a future overall plan,
does hereby order that all subdivisions hereafter planned within the limits of the city shall, in all respects,
fully comply with the regulations hereinafter set forth.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.003 JURISDICTION.
The provisions of this chapter shall apply to all lands within the incorporated boundaries of Lino
Lakes.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.004 PLATTING AUTHORITY.
(1) The Lino Lakes City Council shall serve as the platting authority of the city in accordance with
M.S. Ch. 462.358, as it may be amended from time to time.
(2) No plat or replat shall be filed or accepted for filing by the office of the Anoka county recorder or
Registrar of Titles unless adopted by the affirmative vote of the majority of the members of the City
Council approving the plat or replat.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.005 POLICY.
DRAFT JANUARY 5, 2009
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(1) It is declared to be the policy of the city to consider the subdivision of land and the subsequent
development of the plat as subject to the control of the city pursuant to the Lino Lakes Comprehensive Plan
for the orderly, planned, efficient, and economical development of the city.
(2) Land to be subdivided shall be of the character that it can be used safely for building purposes
without danger to health from fire, flood, or other menace. Land shall not be subdivided unless proper
provisions have been made for drainage, stormwater management, wetland protection, potable water,
domestic waste water, streets, and capital improvements such as parks, recreation facilities, transportation
facilities, stormwater improvements, and any other necessary improvements.
(3) The existing and proposed public improvements shall conform to and be properly related to the
Comprehensive Plan, transportation plan, local water management plan, and the capital improvement plan
of the city.
(4) The provisions of this chapter are in addition to and not in replacement of provisions of all
building codes and the zoning regulations. Any provision of the Building Code and zoning regulations shall
remain in full force and effect except as may be contradictory to the provisions hereof. Where any
provision conflicts with other provision, the most restrictive provision shall be applied.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.006 APPLICATION OF RULES.
The language contained in this chapter shall be interpreted in accordance with the following rules of
construction as applicable:
(1) The singular includes the plural and the plural the singular;
(2) The present includes the past and future tenses, and the future tense includes the present tense;
(3) The words SHALL and MUST are mandatory while the word MAY is permissive;
(4) The masculine gender includes the feminine and neuter genders;
(5) Whenever a word or term defined hereinafter appears in this chapter, its meaning shall be
construed as set forth in the definition;
(6) In the event of conflicting provisions, the more restrictive shall apply; and
(7) In their interpretation and application, the provisions of this chapter shall be held to be the
minimum requirement for the promotion of health, safety, and welfare.
(Ord. 04 -03, passed 2 -24 -2003)
DRAFT JANUARY 5, 2009
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§ 1001.007 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
ALLEY. A public right -of -way which affords a secondary means of access to abutting property.
APPLICANT. The person(s) whose name(s) are on an application as owner, their agent or person
having legal control, ownership and /or interest in land for which the provisions of this chapter are being
considered or reviewed.
BEST MANAGEMENT PRACTICES (BMPs). Best management practices as described in current
Minnesota Pollution Control Agency's manual and other sources as approved by the city.
BLOCK. An area of land within a subdivision which is entirely bounded by streets or by a combination
of streets, railroad right -of -way, or public parks, the exterior boundary or boundaries of the subdivision, or
the shoreline of the above with a lake, stream, or river.
BOULEVARD. That portion of the street right -of -way between the curb line or edge of pavement and
the property line.
BOUNDARY LINES. Lines indicating the bounds or limits of any tract or parcel of land.
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.
BUILD OUT PLAN (GHOST PLAT). A subdivision or resubdivision concept plan illustrating
possible future lot layout, street networks, and utility systems for oversized lots, outlots, or undeveloped
land within or adjoining a preliminary plat.
BUILDABLE LAND. Contiguous land area occurring within the property lines of a parcel of lot
excluding wetlands and /or water courses.
BUILDING LINE. Also referred to as a setback line, the line beyond which property owners or others
have no legal or vested right to extend a building or any part thereof without special permission and
approval of the proper authorities.
CAPITAL IMPROVEMENT PLAN. An itemized program setting forth the schedule and details of
specific contemplated public improvements by fiscal year, together with their estimated cost, the
justification for each improvement, the impact that the improvements will have on the current operating
expense of the government, and other information on capital improvements as may be pertinent.
• CERTIFICATE OF SURVEY. A land survey prepared by a land surveyor registered in the State of
Minnesota with a certification that the information on the land survey is accurate.
DRAFT JANUARY 5, 2009
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COMMON OPEN SPACE. Any open space, including parks, nature areas, playgrounds, trails, and
recreational buildings and structures owned in common by a group of property owners.
lot.
COMMUNITY WATER AND SEWER SYSTEMS. Utility systems serving more than 1 building or
COMPREHENSIVE PLAN. The Lino Lakes Comprehensive Plan.
CONDOMINIUM. Multiple family dwelling or development containing individually owned dwelling
units and jointly owned and shared areas and facilities, which dwelling or development is subject to the
provisions of the Minnesota Condominium Law, Minnesota Statutes sections M.S. §§ 515.01 through
515.29, as they may be amended from time to time.
CONSERVATION DEVELOPMENT. The development pattern and technique whereby lots are
arranged in closely related groups to preserve the natural amenities of the land through the creation of
common open space.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points
of equal elevations. Contour interval is the vertical height between contour lines.
CRITICAL ROOT ZONE (CRZ). An imaginary circle surrounding the tree trunk with a radius
distance of 1 foot per 1 inch of tree diameter; for example, a 20 inch diameter tree has a CRZ with a radius
of 20 feet.
CUL-DE-SAC. See STREET.
DESIGN STANDARDS. The specifications for the preparation of concept plans, preliminary plats,
and final plats indicating, among other things, the optimum minimum or maximum dimensions of the
features as rights -of -way and blocks, as set forth in this chapter.
DEVELOPER. A person who submits an application for the purpose of land subdivision as defined
herein. The DEVELOPER may be the owner or authorized agent of the owner of the land to be
subdivided.
DIAMETER AT BREAST HEIGHT. The diameter of a tree measured at diameter breast height (4.5
feet from the uphill side of the existing ground level). If a tree splits into multiple trunks below 4.5 feet,
then the trunk is measured at its narrowest point beneath the split.
DRIP LINE. The farthest distance away from the trunk that rain or dew will fall directly to the ground
from the leaves or branches of the tree or 1 foot per 1 inch of diameter, whichever is greater.
EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a
corporation, or a certain person or persons, for a specific purpose or purposes.
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ESCROW. The deposition of funds in an account maintained by the governmental unit specifically for
the purpose of ensuring fulfillment of certain obligations pursuant to this chapter.
FILTER STRIP. A linear strip of land along a lake, wetland, river, creek, or stormwater ponding area
where vegetation is established and maintained as a means to slow the velocity of stormwater drainage and
to filter sediment and pollutants from the stormwater.
FINANCIAL GUARANTEE. A financial security consistent with §__1001.148 Section 1011 of this
Ordinance, posted with the city with the approval of a final plat, guaranteeing compliance with the
approved final plat, construction plans, and conditions of approval set forth by the city.
FRONTAGE. See LOT, FRONTAGE.
GRADE, PERCENTAGE OF. The rise or fall of a street in feet and tenths of a foot for each 100 feet
of horizontal distance measured at the center line of the street.
HIGH WATER LEVEL. The water level in a watercourse which could be predicted to occur as a
result of the critical 100 -year runoff event using U.S. Department of Agriculture Soil Conservation Service
methodology, as approved by the city.
IMPROVEMENT, PUBLIC. Any drainage facility, street, parkway, park, lot improvement or other
facility for which the local government may ultimately assume the responsibility for maintenance and
operation, or which may affect an improvement for which city responsibility is established.
LAND DISTURBANCE. Any area in which movement of earth, alteration in topography, soil
compaction, disruption of vegetation, change in soil chemistry, or any other change in the natural character
of the land occurs as a result of the site preparation, grading, building construction, or any other
construction activity.
LOT or LOT OF RECORD. A contiguous parcel, tract or area of land established by plat, subdivision,
or as otherwise permitted by law, that has 1 legal description and parcel identification number recorded
with the Anoka County Property Records Department. Also referred to as a PARCEL.
LOT AREA. The total area within the lot lines of a lot measured in a horizontal plan.
LOT, BASE. Lots meeting all the specifications in the zoning district prior to being subdivided into a
2- family dwelling or townhome subdivision.
LOT, CORNER. A lot situated at the junction of and abutting on 2 or more intersecting streets; or a lot
at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line measured
from a 90 degree angle from the street right -of -way within the lot boundaries.
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LOT, DOUBLE FRONTAGE. A lot which has a pair of opposite lot lines abutting 2 substantially •
parallel streets and which is not a corner lot.
LOT, FLAG. A lot that has access to a public street via a narrow strip but does not have the full
required frontage on a public street.
LOT FRONTAGE. The narrowest lot boundary abutting a public street that meets minimum lot width
requirements. If none of the boundaries abutting a public street meet minimum lot width requirements,
then the lot frontage is the widest boundary abutting a street.
LOT, INTERIOR. A lot, other than corner lot, including through lots.
LOT LINE. A property boundary line of any lot held in single or separate ownership except that where
any position of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or
alley right -of -way.
LOT LINE, FRONT. The lot line separating a lot from the street right -of -way along the lot frontage.
LOT LINE, REAR. The lot line opposite and most distant from the lot frontage which connects the
side lot lines. For the purposes of this chapter, the REAR LOT LINE of a triangular lot shall be a line
entirely within the lot at least 10 feet long and parallel to and most distance point from the front lot line. If
the front lot line on a lot is curved, the rear lot line shall be parallel to a line tangent to the front lot line.
LOT LINE, SIDE. Lot lines extending away from the lot frontage, which connects the front and rear
lot lines.
LOT, THROUGH. A lot fronting on 2 parallel streets.
LOT, TRIANGULAR. A lot in which the side lot lines converge into a single vertex. The vertex shall
be deemed to be the rear lot line.
LOT, UNIT. Lots created from the subdivisions of a 2- family dwelling or townhome having different
minimum lot size requirements than the conventional base lots within the zoning district.
LOT WIDTH. The horizontal distance between the side lot line of a lot measured at the front building
setback line and parallel to the front lot line. If the front lot line is curved, such as on a cul -de -sac, the lot
width is measured along a line parallel to a tangent to the front lot line.
METES AND BOUNDS. A method of property description by means of their direction and distance
from an identifiable point of beginning.
MINOR SUBDIVISION. A subdivision which results in 3 or fewer residential unsewered parcels,
tracts, or lots from 1 or 2 existing parcels, tracts, or lots; or the exchange of abutting land between owners
through the relocation of the boundary line between two abutting, existing parcels of property which does
not result in the creation of any new lot.
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NORMAL WATER LEVEL. A level of water in a watercourse when the watercourse is not in the
process of receiving or discharging storm water runoff. The NORMAL WATER LEVEL will typically be
the outlet elevation of a pond, lake, or other standing water body.
ORDINARY HIGH WATER LEVEL (OHWL). The boundary of public waters and wetlands as
determined by the Minnesota Department of Natural Resources: an elevation delineating the highest water
level which has been maintained for a sufficient period of time to leave evidence upon the landscape,
commonly that point where the natural vegetation changes from predominantly aquatic to predominantly
terrestrial.
OUTLOT. A parcel of land shown on a subdivision plat as an outlot, and designated alphanumerically
(for example - Outlot A.) OUTLOTS are used to designate 1 of the following: land that is part of the
subdivision but is to be subdivided into lots and blocks at a later date; land that is to be used for a specific
purpose as designated in a developer's agreement or other agreement between the city and the developer.
OWNER. Any individual, firm, association, partnership, corporation, trust or any other legal entity
having proprietary interest in the land.
PEDESTRIAN AND/OR BICYCLE TRAIL. An easement or land dedication given to the city for the
purpose of providing walking and /or bicycling areas to city residents. The trails shall provide recreational
opportunity and also access to parks, natural areas, and public land in accordance with the city's adopted
trail plan.
PLAT. The drawing or map of a subdivision prepared for filing of record pursuant to Minnesota
Statute -M.S. § 505, as maybe amended from time to time.
PLAT, FINAL. The final map or drawings and accompanying material described in §§ 1001.055 et
seq. Section 1005 of this Ordinance on which the developer's plan or subdivision is presented to the City
Council for approval and which, if approved, will be submitted to the office of the city recorder or Registrar
of Titles for filing.
PLAT, PRELIMINARY. The preliminary map or drawings and accompanying material described in
1001.040 et seq.. . • ! ! - . ! : . - indicating the proposed layout of the subdivision to be
submitted to the city for their consideration for compliance with the Comprehensive Plan, the Zoning
Chapter, and these regulations along with required supporting data.
PROTECTIVE COVENANT. A restriction of the use placed upon the property by a present or former
owner and recorded in the office of the city recorder or the Registrar of Titles. The city will not be
responsible to enforce private protective covenants.
REGISTERED LAND SURVEY. A survey map of registered land designed to simplify a complicated
metes and bounds description, designating the same into a tract or tracts of registered land survey number.
REGISTERED LAND SURVEYOR. A land surveyor licensed and registered in the state.
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RESUBDIVISION. A change in an approved or recorded subdivision plat if the change affects any
street layout on the map or area reserved for public use, or any lot line or if it affects any map, or plan
legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WA Y. A strip of land occupied or intended to be occupied by a street, railroad, road,
electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another
special use. The usage of the term RIGHT -OF -WAY for land platting purposes shall mean that every
RIGHT-OF-WA Yhereafter established and shown on a final plat is to be separate and distinct from the lots
or parcels adjoining the RIGHT -OF -WAY and not included within the dimensions or areas of the lots or
parcels. RIGHT -OF -WAY intended for streets, water mains, sanitary sewers, storm drains, or any other
use involving maintenance by a public agency shall be dedicated to public use by the recording of the plat
on which the RIGHT -OF -WAY is established.
ROAD RIGHT -OF -WAY WIDTH. The horizontal distance between the outside edges of a road
right -of -way.
SETBACK. The minimum horizontal distance between a structure, individual sewage treatment
system, or other facility, and an ordinary high water level, sewage treatment system, top of bluff, road,
highway, property line, or other facility.
SHORELAND. Land located within the following distances from public waters: 1,000 feet from the
ordinary high water level of a lake, pond or flowage and 300 feet from a river or stream or the landward
extent of a flood plain designated in Chapter 1102 on a river or stream, whichever is greater. The limits of
SHORELAND may be reduced whenever the waters involved are bounded by topographic divides which
extend landward from the waters for lesser distances and when approved by the Commissioner of Natural
Resources.
SIGNIFICANT TREE. See definition of TREE.
SPECIMEN TREE. See definition of TREE.
STREET. A right -of -way affording access by pedestrians and vehicles, whether designated as a street,
highway, thoroughfare, parkway, throughway, road, avenue, boulevard, court, way, trail or however
otherwise designated. Private ingress and egress easements shall not be considered STREETS.
STREET, IMPROVED. A street that is paved according to city standards.
STREET, CUL DE SAC. A local street, 1 end of which is closed and consists of a circular turn
around.
STREET PAVEMENT WIDTH. The width of the improved surface of the street as measured at right
angles or radially to the centerline of the street from curb face to curb face, or on a street without curbs
from the outside edge of the improved shoulder to outside edge of improved shoulder.
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SUBDIVISION. The creation of 1 or more lots under the provisions of this chapter or any division of
an existing lot.
TREE. Any of the following type of trees, as each is defined herein:
(a) CONIFEROUS TREE. A woody plant which, at maturity, is at least 12 feet or more in
height, having foliage on the outermost portion of the branches year round.
(b) DECIDUOUS TREE. A woody plant which, at maturity, is at least 15 feet or more in height,
having a defined crown, and which sheds leaves annually.
(c) SIGNIFICANT TREE. A healthy tree measuring a minimum of 6 inches in diameter for
deciduous trees, or a minimum of 12 feet in height for coniferous trees.
(d) SIGNIFICANT TREE STAND. A grouping or cluster of coniferous and /or deciduous trees
with contiguous crown cover, occupying 500 or more square feet of property, which are comprised of
deciduous trees 6 inches or larger in diameter or coniferous trees 12 feet or higher in height.
(e) SPECIMEN TREE. A healthy hardwood tree measuring equal to or greater than 30 inches in
diameter and /or a coniferous tree measuring 50 feet or greater in height.
TREE CERTIFICATION. A certified inventory of trees on the site after work is complete listing all
trees and their final disposition, which is signed by a licensed forester or landscape architect.
TREE PRESERVATION PLAN. A plan and inventory certified by a forester or landscape architect
indicating all of the significant trees and their locations in the proposed development or on the lot. The
TREE PRESER VATIONPLAN shall include the size, species, tag numbers, and location of all significant
trees proposed to be saved and removed on the area of development and the measures proposed to protect
the significant trees to be saved.
WATERCOURSES. Any natural or man -made passageway on the surface of the earth so situated and
having a topographical nature that surface water stands or flows through it from other areas. The term
includes ponding areas, drainage channels, sales, waterways, creeks, rivers, lakes, streams, wetland areas,
and any other open surface water flow which is the result of storm water or ground water discharge. This
term does not include man -made piping systems commonly referred to as storm sewers.
ZONING CHAPTER. The Lino Lakes Zoning Chapter, as maybe amended, regulating the use of land
within the incorporated boundaries of Lino Lakes.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.008 COMPLIANCE WITH COMPREHENSIVE PLAN, ZONING CHAPTER, AND
OFFICIAL MAP.
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No subdivision of land shall conflict with the provisions of the Comprehensive Plan, Zoning Chapter,
or official maps.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.009 FEES.
The fees for all applications and for all permits shall be established by the City Council by special
ordinance. The acceptance of all applications, issuance of permits, or recording of any plat shall not occur
until a complete application has been filed and the appropriate fees have been paid.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.010 RESTRICTIONS ON FILING AND RECORDING CONVEYANCE.
(1) No conveyance of land within the city shall be filed or recorded if the land is described in the
conveyance by metes and bounds or by reference to an unapproved registered land survey made after April
21, 1961, or to an unapproved plat made after the regulations become effective. The foregoing provision
does not apply to a conveyance if the land described:
(a) Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision
regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdivision
regulations pursuant to a home rule charter;
1966;
(b) Was the subject of a written agreement to convey entered into prior to that time;
(c) Was a separate parcel of not less than 2.5 acres in area and 150 feet in width on January 1,
(d) Was a separate parcel of not less than 5 acres in area and 300 feet in width on July 1, 1980;
(e) Is a single parcel of commercial or industrial land of not less than 5 acres and having a width
of not less than 300 feet and its conveyance does not result in the division of the parcel into 2 or more lots
or parcels, any one of which is less than 5 acres in area or 300 feet in width;
(f) Is a single parcel of residential or agricultural land of not less than 20 acres and having a
width of not less than 500 feet and its conveyance does not result in the division of the parcel into 2 or more
lots, any 1 of which is less than 20 acres or 500 feet in width; or
(g) A minor subdivision as allowed by the terms of this chapter.
(2) In any case in which compliance with the foregoing restrictions will create an unnecessary
hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the
Council may waive the compliance by adoption of a resolution to that effect and the conveyance may then
be filed or recorded. Any owner or agent of the owner of land who conveys a lot or parcel in violation of
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the provisions of this chapter shall forfeit and pay to the city a penalty of not less than $100 for each lot or
parcel so conveyed. The city may enjoin the conveyance or may recover the penalty by a civil action in any
court of competent jurisdiction.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.011 BUILDING PERMITS.
No building permit shall be issued by the city with respect to any land, parcel or lot until the provisions
of this chapter in regard to the subdividing of property have been met.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.012 VARIANCES.
The City Council may approve variances from the requirements of this ' chapter
in cases where an unusual hardship on the land exists. For the purposes of this chapter, an unusual hardship
on the land shall be determined using the criteria and process for variances in the zoning ordinance, as may
be amended, except that unusual hardship also includes but is not limited to inadequate access to direct
sunlight for solar energy systems.
(note: Sec. 2, Subd, 4 is the variance section in the existing zoning code, Which will become Chapter1007,
When the zoning ordinance is amended and codified, the variance section will be §1007.023.)
§ 1001.013 PREMATURE SUBDIVISION.
(1) General. Any concept plan, preliminary plat, or final plat deemed premature pursuant to the
following criteria shall be denied by the City Council.
(2) Conditions for establishing a premature subdivision. A subdivision may be deemed premature
should any of the following conditions not be met:
(a) Consistency with the Comprehensive Plan. Including any of the following:
1. Land use plan;
2. Transportation plan;
3. Utility (sewer and water) plans;
4. Local water management plan;
5. Capital improvement plan;
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6. Growth management policies, including MUSA allocation criteria;
(b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infl.
policies:
1. The urban subdivision must be located within the Metropolitan Urban Service Area
(MUSA) or the staged growth area as established by the city's Comprehensive Plan;
2. The cost of utilities and street extensions must be covered by 1 or more of the following:
a. An immediate assessment to the proposed subdivision;
b. One hundred percent of the street and utility costs are privately financed by the
developer;
c. The cost of regional and/or oversized trunk utility lines can be financed with
available city trunk funds;
d. The cost and timing of the expenditure of city funds are consistent with the city's
capital improvement plan;
3. The cost, operation and maintenance of the utility system are consistent with the normal
costs as projected by the water and sewer rate study;
4. The developer payments will offset additional costs of utility installation or future
operation and maintenance;
(c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the following
requirements for level of service (LOS), as defined by the Highway Capacity Manual:
1. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic
generated by a proposed subdivision will not degrade the level of service more than 1 grade;
2. If the existing LOS outside of the proposed subdivision is C, traffic generated by a
proposed subdivision will not degrade the level of service below C;
3. If the existing LOS outside of the proposed subdivision is D, traffic generated by a
proposed subdivision will not degrade the level of service below D;
4. The existing LOS must be D or better for all streets and intersections providing access to
the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of
the proposed project, improvements needed to ensure a level of service D or better;
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5. Existing roads and intersections providing access to the subdivision must have the
structural capacity to accommodate projected traffic from the proposed subdivision or the developer will
pay to correct any structural deficiencies;
6. The traffic generated from a proposed subdivision shall not require city street
improvements that are inconsistent with the Lino Lakes capital improvement plan. However, the city may,
at its discretion, consider developer - financed improvements to correct any street deficiencies;
7. The LOS requirements in divisions (2)(c)1. to 4. above do not apply to the I -35W /Lake
Drive or I -35E /Main St. interchanges. At city discretion, interchange impacts must be evaluated in
conjunction with Anoka County and the Minnesota Department of Transportation, and a plan must be
prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic
generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of
the improvements. The plan also must examine financing options, including project contribution and cost
sharing among other jurisdictions and other properties that contribute to traffic at the interchange;
8. The city does not relinquish any rights of local determination;
(d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply
when:
1. The city water system has adequate wells, storage, or pipe capacity to serve the
subdivision;
2. The water utility extension is consistent with the Lino Lakes water plan and offers the
opportunity for water main looping to serve the urban subdivision;
3. The extension of water mains will provide adequate water pressure for personal use and
fire protection;
4. The rural subdivision can demonstrate that each of the proposed lots can be provided with
a potable water supply;
(e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal
systems when:
1. The urban sewered subdivision is located inside the city's MUSA or is consistent with the
MUSA allocation criteria;
2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed to
its maximum density;
3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan
and capital improvement plan;
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4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary •
sewer disposal system; and
5. A rural subdivision with a proposed communal sanitary sewer or water system has an
effective long range management and maintenance program with proper financing.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.014 MUSA ALLOCATION.
(note: this entire section will be deleted upon adoption of the new comp plan because we will no longer
have a MUSA reserve that is separate from the growth staging areas.)
(1) MUSA availability and commitment.
(a) The city shall determine MUSA availability as part of the review of a submitted preliminary
plat/phasing plan.
(b) City approval of the plan shall constitute a commitment by the city to allocate MUSA at the
time of final plat approval according to the phasing plan.
(c) The criteria in this section shall be considered in the review of the preliminary plat /phasing
plan.
(2) MUSA allocation criteria. The following criteria shall be considered to determine if MUSA will
be allocated to a preliminary plat/phasing plan:
(a) A finding is made that the development of the property is not premature;
(b) The existing or proposed zoning of the property is consistent with the proposed use;
(c) Development of the subdivision will meet environmental design standards of the Lino Lakes
Subdivision and Zoning Chapters;
(d) The allocation is applied only to net buildable acreage;
(e) A utility extension can be made to the subject property;
(f) A roadway extension can be made to the subject property;
Y J p p Y;
(g) Development of the property shall not adversely a f f
ect the health, welfare , and general safety
of the community; and
(h) The area of the MUSA allocation is consistent with the growth management policy
established by the Lino Lakes Comprehensive Plan.
(Ord. 04 -03, passed 2 -24 -2003)
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CONCEPT PLAN
§ 1001.025 GENERAL.
While not mandatory, it is suggested that subdividers prepare and submit a concept plan depicting the
subdivision proposal for informal review prior to filing a formal application. On the basis of the concept
plan, the city shall informally advise the subdivider as promptly as possible of the extent to which the
proposed subdivision generally conforms to the Comprehensive Plan, to the design standards of this section
chapter, and to other sections of this chapter applicable requirements, and shall discuss possible
modifications necessary to secure approval of the plan.
(Ord. 04 -03, passed 2 -24 -2003)
(Upon completion of the comprehensive plan update, we may want to make concept plans mandatory.)
§ 1001.026 INFORMATION REQUIRED FOR CONCEPT PLAN.
(1) General. The concept plan application shall include a fee and processing escrow and 10 sets of the
required information listed below. Each set shall include: large scale copies -plans and specifications, and 4
a reduced scale (11 inches by 17 inches) copy of plans and specifications, and . ' - the
other information listed. , ... .. - - (Note: one/two
additional large scale copies sets of information shall be provided for each of the following, if applicable:)
(a) Project is adjacent to a county road or county state aid highway (1 extra set);
(b) Project is adjacent to a state highway or interstate highway (2 extra sets); and
(c) Project lies within a Shoreland District (1 extra set).
(2) General location and site description.
(a) Name and address of developer /owner.
(b) Date of plan preparation and dates of revision.
(c) Scale of plan (engineering scale only — 1 inch equals 100 feet).
(d) North arrow indication.
(e) Legal description.
(f) Property location map illustrating the site location relative to adjoining properties and streets.
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(g) Scaled drawing (engineering scale only) illustrating property boundaries.
(h) Proof of ownership or legal interest in the property in order to make application.
(i) Current and proposed land use and zoning.
(j) Evaluation by the applicant that the subdivision would not be determined to be premature
pursuant to the criteria outlined by the Comprehensive Plan and Subdivision Chapter.
(k) Additional information as required by the Community Development Department.
(3) Resource inventory. A resource inventory, mapped at a scale of no less than 1 inch to 100 feet
shall include:
(a) Topographic contours at 2 foot intervals showing rock slopes of more than 15 %;
(b) Soil type locations and identification of soil type characteristics such as hydric soils, depth to
bedrock, and suitability for wastewater disposal systems, if applicable (Anoka County Soil Survey
information);
(c) Hydrologic characteristics, including surface water courses, flood plains, delineated wetlands,
natural swales, and drainageways;
(d) Site vegetation, including:
1. Cover type (pasture, woodland, and the like);
2. Woodland area boundaries;
3. Individual trees having a diameter at breast height of 18 or more inches;
4. Vegetative type descriptions (deciduous, coniferous or mixed) by plant community,
relative age, and condition;
(e) Current land use and land cover (cultivated areas, paved areas, and the like), all buildings and
structures on the land, and all encumbrances, such as easements or covenants;
(f) Transportation systems, including:
1. Adjoining streets;
2. Functional classifications;
3. Current and projected traffic volumes;
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4. General conditions;
(g) Visual resources (such as photographs) showing views onto the tract from surrounding roads
and public areas, as well as views within the tract;
(h) Cultural resources: brief description of historic character of land, buildings, and structures,
historically important landscapes, and archeological features;
(i) Neighborhood context: general outlines of existing neighborhoods, land uses, buildings,
streets, and natural features such as water bodies or wooded areas, roads, driveways and property
boundaries within 300 feet of the tract. This information shall be presented on an aerial photograph at a
scale of no less than 1 inch to 200 feet; and
(j) City data resources available to assist the developer with preparation of the resource inventory
include: the Lino Lakes Handbook for Environmental Planning and Conservation Development, Wild and
Urban Interface Project, Metro Greenways Study, and/or other studies. The resource inventory and
resulting concept plan may be reviewed against the city data resources.
(4) Yield plan. If the project includes a conservation subdivision or planned unit development, the
applicant shall submit a yield plan showing the maximum number of dwelling units that would be
permitted given the minimum lot size and lot widths for conventional subdivisions and other requirements
of the Lino Lakes Zoning and Subdivision Chapters. The yield plan need not be fully engineered, however,
but it shall be drawn to scale and it shall identify all the major physical features on the parcel and shall
include:
(a) Any required zoning changes;
(b) Minimum lot areas and widths shall be shown and shall conform with the proposed zoning for
the site; and
(c) Lot areas shall consist of buildable land as defined by the Lino Lakes Zoning Chapter.
(5) Concept subdivision plan. One or more of the subdivision sketch plans meeting the intent of this
chapter and including at least the following information:
(a) Open space areas indicating which areas are to be protected and defined by the purpose of the
open space;
(b) Boundaries of areas to be developed and proposed general street and lot layout;
(c) Number and type of housing units and/or approximate size and location of commercial and
industrial buildings as may be applicable;
(d) Areas proposed for stormwater management;
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(e) Street system that interconnects neighborhoods that is consistent with the Lino Lakes
transportation plan;
(0 Location of utility trunks intended to serve the site;
(g) In rural residential subdivisions, areas for on -site or communal sewage treatment systems
must be highlighted;
(h) The plans shall be drawn at a scale of 1 inch to 100 feet; and
(i) Total area of delineated wetlands and uplands on site.
(Ord. 04 -03, passed 2 -24 -2003)
(6) Electronic copy ofall submittals. In addition to the paper copy submittals, all information shall be
submitted in electronic format to allow the City to review it electronically if needed.
§ 1001.027 FILING AND REVIEW OF APPLICATION.
(1) Pre - application meeting. APrior to submitting a concept plan application, an applicant may shall
meet with city staff to discuss athe proposed development and investigate the city requirements for
pursuing a development application. The city strongly recommends that this pre - application meeting occur
prior to preparing plans in order to avoid the expense of changing them after the meeting to meet
requirements.
(2) Neighborhood meeting. The city strongly recommends the property owner /applicant hold a
neighborhood meeting for informal comment and feedback prior to submitting a fefai-al- concept plan
application.
(3) Submittal to Community Development Department. An application for concept plan along with the
associated information and a fee and processing escrow established by the City Council shall be submitted
to the Community Development Department.
(4) Plan submitted to other staff. The Community Development Department shall submit copies of the
concept plan and associated information to other staff, committees, consultants, or agencies as appropriate.
(5) Plan submitted to City Council. The Community Development Department shall forward the
concept plan submission to the city's advisory boards and City Council for their consideration at regularly
scheduled meetings to solicit ififeralreview and comment on the project's acceptability in relation to the
city's Comprehensive Plan and development regulations. These meetings should be attended by the
applicant.
(6) City review and comments on the concept plan's relation to the Comprehensive Plan and
development regulations does not grant any rights to the applicant to develop the property as depicted by
the concept plan.
DRAFT JANUARY 5, 2009
•
•
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.028 DETERMINATION OF REQUIREMENT FOR ENVIRONMENTAL REVIEW
DOCUMENTS.
(1) The Community Development Depal lment shall review the concept plan and shall determine if the
project crosses any mandatory thresholds for requires an environmental assessment worksheet (EAW),
environmental impact statement (EIS), or alternative urban area -wide review (AUAR) pursuant to
Minnesota Rules. If the such environmental review documents are is required, the Community
Development Department shall notify the developer of the requirement.
(2) An escrow deposit as established by the City Council in addition to the standard requirements shall
be submitted by the applicant to cover city costs reviewing and administering an EAW.
(Ord. 04 -03, passed 2 -24 -2003)
PRELIMINARY PLAT
§ 1001.040 GENERAL.
(1) After the completion of the concept plan process, if a concept plan is submitted, the owner or
developer shall file with the Community Development Department an application for preliminary plat. The
preliminary plat stage is the point in the process that all information pertinent to the proposed development
is furnished by the developer for review by the Community Development Department, city advisory
committees, and the City Council, any other applicable agencies, and the public. The information provides
a basis for approval or denial of the application. The information submitted in the application shall address
both existing conditions and changes that will occur during and after development. The-preliminary plat is
a plan of how property will be subdivided and developed.
(2) Additional information or modifications may be required by the Community Development
Department, city advisory committees, or City Council and additional information may be requested during
the review process. In certain cases, some information required by these standards may not be appropriate
or may need to be modified in order to provide an adequate basis for making a decision.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.041 INFORMATION REQUIRED FOR PRELIMINARY PLAT.
(1) Preliminary plat information is typically furnished on plan sheets. However, some information is
more appropriately submitted in other forms. The plat, and associated information, shall be submitted in a
DRAFT JANUARY 5, 2009
26
form that is legible, organized and understandable. The preliminary plat application shall consist of maps
and accompanying documents and all information required by this chapter for a preliminary plat
application.
(2) An owner or applicant shall submit 10 large scale copies (not less than 1 inch equals 100 feet) and
reduced scale copy (11 inches by 17 inches)
include • - . . • : The preliminary plat application shall include the fee and processing
escrow established by the City Council and 10 sets of the required information listed below. Unless noted
otherwise, each set shall include: large scale plans and specifications, a reduced scale (11 inches by 17
inches) copy of plans and specifications, and the other information listed.
(a) Plans shall include the following separate plan sheets:
1. Certificate of survey;
2. Resource inventory;
3. Preliminary plat;
4. Preliminary grading, drainage and erosion control plan;
5. Preliminary utility plan;
6. Wetland mitigation plan (if determined necessary);
7. Yield plan (if determined necessary); and
8. Preliminary landscaping plan
(b) NOTE:
applicable: additional sets of information shall be provided for each of the following, if applicable:
1. Project is adjacent to a county road or county state aid highway (1 extra set);
2. Project is adjacent to a state highway or interstate highway (2 extras sets); and
3. Project lies within a Shoreland District (1 extra set).
(3) Certificate of survey. 1?The certificate of survey shall be prepared and signed by a licensed land
surveyor and shall include identifying the following information:
(a) Scale (engineering only) at not larger than 1 inch equals 100 feet;
DRAFT JANUARY 5, 2009
•
•
•
(b) North point indication;
(c) Existing parcel boundaries to be platted with dimensions and area;
(d) Existing legal description;
(e) Easements of record;
(f) Delineated wetland boundary, to include the ordinary high water level (OHWL) of any lakes
or Department of Natural Resources (DNR) waters; flood plain as shown on Federal Emergency
Management Agency (FEMA) FIRM map;
(g) All encroachments;
(h) Existing buildings, structures, and improvements within the parcel to be platted and those 100
feet outside the boundaries of the subject parcel;
(i) Location, widths and names of all public streets, rights -of -way or railroad rights -of -way
showing type, width and condition of the improvements, if any, which pass through and /or are within 100
feet; and
(j) The outside boundary of the subject property is to be clearly marked with survey monuments.
(4) Resource inventory. The resource inventory shall utilize the certificate of survey as a base and
shall include:
(a) Topographic contours at 2 foot intervals showing rock outcrops and slopes of more than 15 %.
(b) Soil type locations and identification of soil type characteristics such as hydric soils,
agricultural capability, depth to bedrock, and suitability for wastewater disposal systems, if applicable
(Anoka County Soil Survey information).
(c) Hydrologic characteristics, including surface water courses, flood plains, delineated wetlands,
natural swales, and drainageways. Ordinary high water level and 100 year storm elevations of adjoining
water courses, lakes, wetlands, streams, and the like at the date of the survey and approximate high and low
water elevations.
(d) Tree inventory identifying vegetation of the site, according to general cover type (pasture,
woodland, and the like), defining boundaries of woodland areas and individual significant trees as defined
by § 1001.007 Section 1001.7 and a tree preservation plan per §§ 1001.125 Section 1009 of this Ordinance.
Vegetative types shall be classified as generally deciduous, coniferous or mixed and described by plant
community, relative age and condition.
(e) Neighborhood context: general outlines of existing buildings, land use, and natural features
such as waterbodies or wooded areas, roads, driveways, and property boundaries within 300 feet of the
DRAFT JANUARY 5, 2009
28
tract. This information may be presented on an aerial photograph at a scale of no less than 1 inch to 200
feet.
(f) City data resources available to assist the developer with preparation of the resource inventory
include the Lino Lakes Handbook for Environmental Planning and Conservation Development, Wild and
Urban Interface Project, Metro Greenways Study, and /or other studies. The resource inventory and
resulting concept plan may be reviewed against the city data resources.
(5) Preliminary plat. The preliminary plat shall utilize the certificate of survey as a base and shall
include the following information:
(a) The proposed name of the plat, which name shall not duplicate the name of any plat
theretofore recorded in the county.
(b) Date of application, name, address, phone number and applicable license or registration
number of the owner, developer, agent, applicant, engineer, surveyor, planner, attorney or other principle
involved in the development of the plat.
(dc) Existing Comprehensive Plan land use designations and existing zoning
within or-and abutting the proposed plat. Any zoning changes needed or reference to any zoning or similar
land use actions that are pertinent to the proposed development.
(ed) Total acreage of the land to be subdivided and total upland area.
( €e) Boundary line survey and legal description.
(go North arrow and graphic engineering scale of 1 inch equals 100 feet.
(hg) Existing covenants, liens, or encumbrances.
(ih) Proposed lot lines, dimensions, and the gross and buildable acreage of all lots. When lots are
located on a curve in a road or cul -de -sac, the lot width at the building setback line shall be shown.
Proposed lot and block numbers.
(ji) Building pad, minimum building setbacks shown on each lot indicating dimensions of the
setbacks. Location and width of buffer yards where the subdivision adjoins a collector or arterial street.
(kj) Layout of streets, showing right -of -way widths, centerline street grades and approximate radii
of all curbs, proposed contours within the entire plat, and names of streets. The name of any street
heretofore used in the city or its environs shall not be used, unless the proposed street is an extension of an
already named street, in which event the name shall be used.
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4111
•
•
•
(lk) Access, right -of -way widths, driveways, and street classifications shall be consistent with the
Lino Lakes transportation plan.
(mil) Parks, trails, or other areas intended for public use or common ownership.
(n)
. .
(em) Dates of plan preparation and revision dates.
(pn) All delineated wetlands and the ordinary high water level (OHWL) of DNR protected waters.
(6) Preliminary grading, drainage and erosion control plan. The developer shall submit -a
premature disruption of land and long term storage of excess materials. The grading plan shall dcpict the
The preliminary grading, drainage and erosion control plan shall be prepared and
signed by a licensed engineer and shall utilize the certificate of survey as a base. The grading plan shall be
designed to avoid premature disruption of land and long term storage of excess materials. The grading plan
shall include the following information:
(a) Scale (engineering only) not larger than 1 inch equals 100 feet;
(b) North point indication;
(c) Location of natural features, including, but not limited to, tree lines, delineated wetlands,
water courses, ponds, lakes, streams, drainage channels, ordinary high water level (OHWL) and 100 year
storm elevations, bluffs, steep slopes, and the like;
(d) Existing contours at 2 foot intervals shown as dashed lines for the subject property and
extending 100 feet beyond the outside boundary of the proposed plat;
(e) Proposed grade elevations at 2 foot intervals shown as solid lines;
(f) Proposed plan for surface water management, ponding, drainage and flood control, including
the normal water level and high water level of all ponds and watercourses;
(g) Provision for groundwater management, including sub - surface drains, disposals, ponding, and
flood controls;
(h) Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds,
swales and drainage channels within 100 feet of the subject property. Existing pipe sizes, grades, rim and
invert elevations and normal and high water elevations must be included;
(i) If the subject property is within or adjacent to a 100 year flood plain, flood elevation and
locations must be shown;
DRAFT JANUARY 5, 2009
30
(j) Spot elevations at drainage break points and directional arrows indicating site, swale and lot
drainage;
(k) Proposed lot lines, Llot and block numbers, building style, building pad location and
elevations at the lowest floor and garage slab for each lot;
(1) Locations, sizes, grades, rim and invert elevations of all proposed storm water facilities,
including ponds, proposed to serve the subject property;
(m) Phasing of grading;
(n) The location and purpose of all oversize, non - typical easements;
(o) All soil erosion and sediment control measures to be incorporated during and after
construction must be shown. Locations and standard detail plates for each measure shall be in accordance
with city standards and included on the plan;
(p) All re- vegetation measures proposed for the subject property must be included on the plan,
including seed and mulch types and application rates;
(q) Drainage plan, including the configuration of drainage areas and a separate document with
calculations for 1 year, 10 year, and 100 year storm events;
(r) Layout of proposed streets showing centerline gradients, section widths, and typical cross
sections; and
(s) Date of plan preparation and dates of all revisions.
(7) Preliminary utility plan.
:The preliminary utility plan shall be prepared and signed by a licensed engineer
and shall utilize the certificate of survey as a base. The utility plan shall include the following information:
(a) Scale (engineering only) not larger than 1 inch equals 100 feet;
(b) TProposed lot lines and the location, dimensions, and purposes of all easements;
(c) Location and size of existing sanitary sewers, water mains, culverts, or other underground
facilities within the subject property and to a distance of 100 feet beyond the outside boundary of the
proposed plat. Data such as grades, invert elevations, and location of catch basins, manholes and hydrants
shall also be shown;
(d) Location and size of proposed sanitary sewers, water mains, culverts and other stormwater
facilities, or other underground facilities within the subject project and to a distance of 100 feet beyond the
DRAFT JANUARY 5, 2009
•
outside boundary of the proposed plat. Data such as grades, invert elevations, and location of catch basins,
manholes, and hydrants shall also be shown;
(e) Water mains shall be provided to serve the subdivision by extension of an existing municipal
system wherever feasible;
(f) In areas where public water supply is not available, individual wells shall be provided on each
lot properly placed in relationship to the individual sewage disposal facilities on the same and adjoining
lots. Well plan shall comply with the Minnesota State Well Code, as may be amended, and be submitted
for city approval;
(g) Municipal sanitary sewer trunk facilities, laterals and service connections shall be designed
and installed in accordance with the design standards approved by the city engineer;
(h) All individual sewage treatment systems shall be designed and installed in accordance with all
applicable state, county, and city requirements;
(i) The location of hydrants and valves for all proposed water mains;
(j) All other utilities shall be located and designed in accordance with the requirements of the
city engineer; and
(k) Date of plan preparation and dates of all revisions.
(8) Yield plan. If the project includes a conservation subdivision or planned unit development, the
applicant shall submit a yield plan showing the maximum number of dwelling units that would be
permitted given the minimum lot size and lot widths for conventional subdivisions and other requirements
of the Lino Lakes Zoning and Subdivision Chapters. The yield plan need not be engineered, however, it
shall be drawn to scale and it shall identify all the major physical features on the parcel and shall include:
(a) Any required zoning changes;
(b) Minimum lot areas and widths shall conform with the proposed zoning for the site; and
(c) Lot areas shall consist of buildable land as defined by the Lino Lakes Zoning Chapter.
(Note: If the subdivision ordinance /chapter is amended to require a concept plan, a yield plan will be
required with the concept plan submittal, so there will be no need for another yield plan requirement with
the preliminary plat submittal.)
(9) Preliminary Landscaping Plan shall specify plant locations, varieties, and sizes and shall include:
• (a) Any buffer areas required by the zoning chapter including but not limited to a buffer required
for residential lots along all collector and arterial roads.
DRAFT JANUARY 5, 2009
32
(b) Common spaces shall be landscaped.
(c) Plantings in and /or near wetlands and ponds. Seed mix shall be included.
(d) Any proposed landscaping at subdivision entrances or area identification signs.
(91 U) Determination of requirement for environmental review documents.
(a) The Community Development Department shall review the preliminary plat and shall
determine if the project crosses any mandatory thresholds for an requires an environmental assessment
workshop (EAW), environmental impact statement (EIS), or alternative urban area -wide review (AUAR)
pursuant to Minnesota Rules. If the documents are such environmental review is required, the Community
Development Department shall notify the developer of the requirement.
(b) AIn addition to the standard requirements, an escrow deposit established by the City Council
shall be submitted by the applicant to cover city costs of reviewing
and administering an EAW.
(4 -011) Additional information required.
(a) Proof of ownership or legal interest in the property in order to make application.
(ba) Applicant's evaluation. Evaluation by the applicant that the subdivision would not be
determined to be premature pursuant to the criteria outlined by the Comprehensive Plan and Subdivision
Chapter.
(cb) Phasing plan. All preliminary plats shall include, if applicable under the growth management
policy, a phasing plan that includes:
1. A phasing plan identifying the sequence of development and approximate areas, number
of lots in each phase, total area and buildable area per phase, serially numbered with a description of each
phase. Information shall be provided regarding the number of dwelling units, proposed improvements, and
common facilities for each. Each phase of a preliminary plat shall be consistent with growth management
criteria of the city;
2. Any trail /sidewalks within the approved phase of the preliminary plat shall be constructed
along with streets and utilities and shall be clearly marked on a site map which shall be an attachment to all
sales agreements for individual lots;
3. A site grading plan that is coordinated with the phasing plan to avoid premature
disruption of land or long term storage of excess materials. Plans for the construction of streets and
facilities for sanitary sewer and water also must take into consideration the phasing plan;
4. A development agreement that includes a financial security to ensure completion of
common facilities, trails, and landscaping shall be provided;
DRAFT JANUARY 5, 2009
1
(Haw If the nets comp plan ts adopted OA rCrttlt tar trill he rescinding the oval-eine 1 „t
phasing plans Ifoil /, not u1ti(.10 r°Cgt,t,,',1 phasing plan+ mat hc useful in other ti■ttt�s )
(de) Documents outlining the content of proposed conservation easements, restrictive covenants,
deed restrictions, and establishment of homeowners associations for review. Where the plat is intended to
include common open spaces, these documents shall address ownership and long term maintenance of these
open spaces areas;
(ed) Information or easements showing how public and/or private utilities, drainage, and roads can
be extended to serve adjacent property;
(fe)
cntrances, and buffer yards, and specifying plant locations, varieties, sizes, including elevations of
, Elevations and location of area identification signs. Any such signs must
have a practical plan for long -term ownership; and maintenance responsibilities and such information shall
be submitted with the application., of the monument signs;
(gf) Traffic study for the subdivision, including existing and projected traffic generation,
distribution, capacity of existing streets, and levels of service. Projections shall include conditions both
with and without the project. The analysis shall include projections for a minimum of ten years after the
expected completion and build out of the proposed development.;
(hg) Documentation that the applicant has submitted to the Rice Creek Watershed District or the
Vadnais Lake Area Water Management Organization, as applicable, a complete application as defined by
those agencies. Such documentation shall be issued by the respective agency;has issued a TWAFAA
.,here . plic. able;
• ........
(ill) For any project with multifamily units,E examples of housing product: illustration of building
footprint, floor plans, and building elevations;
(ii) Geotechnical report including Ssoil tests for areas where streets, building pads, or onsite
septic systems are proposed and other soil information as requested by the city and as required by the City
Code. (Three (3) copies of the geotechnical report are required plus additional copies as required for
projects on county roads or highways or state highways.);
(I) Three copies of a wetland replacement plan, as submitted to Rice Creek Watershed District or
VLAWMOVadnais Lake Area Water Management Organization, shall be provided (if applicable); and
(1k) The preliminary plat submittal must include a build out plan (ghost plat) illustrating a realistic
future urban lot and block layout and street system in the following situations. Development represented by
this ghost plat must be consistent with the future land use as depicted in the Comprehensive Plan.
DRAFT JANUARY 5, 2009
34
1. If the plat application includes only part of the tract owned or intended for development
by the subdivider, a ghost plat for the remaining land shall be submitted.
2. If the proposed development would fully or partially isolate adjacent land so that
development of the adjacent land would involve access through the proposed development, a ghost plat for
the adjacent land shall be submitted to show that the proposed development will not isolate,_ prevent
sufficient access to, or otherwise prevent development of the adjacent land
according to city standards.
•
3. A rural plat located in an area planned for future urbanization (public sewer and water
provision).
(Ord. 04 -03, passed 2 -24 -2003)
(m) Storm Water Pollution Prevention Plan (SWPPP) as required by the Minnesota Pollution
Control Agency.
§ 1001.042 FILING AND REVIEW OF APPLICATION.
(1) Pre - Application Meeting. Prior to submitting a preliminary plat application (following a concept
plan review, if one occurs), the property owner /applicant shall meet with the Community Development
Department to discuss the preliminary plat application. Through this meeting, the Community Development
Department may summarize the city's comments from review of the concept planTfeview-eemmentsT and
offer suggestions pertaining to additional information or design changes that may assist in expediting the
preliminary plat review.
(2) Neighborhood Meeting. The city strongly recommends the property owner /applicant hold a
neighborhood meeting for informal comment and feedback prior to preliminary plat application.
(3) The person applying for preliminary plat approval shall submit to the Community Development
Department a complete application and all other information required according to the deadline and
meeting schedule established by the city. The application shall address the informational requirements of
Section 1001 1 of this Ordinance § 1001.041 and issues identified through the concept plan review
procedure.
(4) A complete preliminary plat application shall include:
(a) A graphic and written description of the information requirements outlined in § 1001.041
Section 1001 l of this Ordinance; and
(b)
Council.
fee and processing escrow as established by the City
(5) The Community Development Department, upon receipt of the application, shall notify the
DRAFT JANUARY 5, 2009
1
•
The preliminary plat application shall be considered to be officially submitted when the Community
Development Department has received and examined the application and has determined that the
application is complete. The application is complete if the fee and processing escrow and all information
required by this chapter for a preliminary plat application have been submitted. The Community
Development Department shall make a determination of completeness within 15 days and notify the
applicant in writing if the application is incomplete. Such notice shall describe the missing information. If
the application is complete, the timeline for approval in paragraph 03) begins upon the submittal of a
complete application.
(6) The Community Development Department shall refer copies of the preliminary plat to other staff,
committees, consultants, or agencies as appropriate. At least 30 days prior to taking final action on a
preliminary plat, the proposed preliminary plat must be presented to the Commissioner of Transportation
for review if the plat includes or borders on a trunk highway. Within 5 days after receiving a preliminary
plat that includes or borders on an existing or proposed county road, the city must submit it to the county
engineer for review. The Commissioner of Transportation and the county engineer must report to the city
within 30 days with any comments and recommendations they may have. No preliminary plat may be
approved until these comments and recommendations are received and considered or until the 30 -day
period has elapsed. Within 10 days after approval of the preliminary plat, notice must be sent to the
Commissioner or the County Board explaining how the comments and recommendations have been met.
(7) Upon receipt of a complete application, the Community Development Department shall prepare a
report and refer the application to the city advisory committees, including but not limited to the Park Board,
Environmental Board, the Planning and Zoning Board, as well as the City Council.
(8) The application shall be reviewed by city advisory committees. The advisory committees
recommendations will be forwarded to the Planning and Zoning Board for their consideration of the
application at a public hearing.
(9) The Planning and Zoning Board shall hold a public hearing on the proposed preliminary plat.
Notice of the public hearing shall be published in the official newspaper designated by the City Council at
least 10 days prior to the hearing. The city shall mail written notification of the proposed preliminary plat
to property owners located within 600 feet of the subjected site. Timing of the mailed notice shall be the
same as that for the published notice. The failure to give mailed notice to individual property owners or
defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply has been
made.
(10)
-with
( 11) The Planning and Zoning Board shall take public testimony at their public hearing and evaluate
the requested preliminary plat against the premature subdivision criteria of 1001.013 Section 1002 6 1 of
, the performance standards of this chapter, the performance standards of the Lino Lakes
Zoning Chapter, and other city requirements. The Planning and Zoning Board shall make findings and
DRAFT JANUARY 5, 2009
36
offer a recommendation for either preliminary plat approval or denial. The Planning and Zoning Board
may offer a recommendation of approval with conditions necessary to satisfy city regulations.
(112) The Community Development Department shall prepare a staff report for the City Council
which includes of the findings and recommendations of the Planning and Zoning Board. The findings may
include specific conditions of approval or findings related to denial of the plat.
(12) The City Council shall not approve the application if the applicant has not received and
submitted to the City a preliminary approval from the Rice Creek Watershed District or the Vadnais Lake
Area Water Management Organization, as applicable.
(13) The City Council shall take action on the application within 120 days following delivery of an
application completed in accordance with the regulations of this chapter, unless an extension is agreed to by
the applicant. If it approves the preliminary plat, the City Council may impose conditions it considers
necessary to protect the public health, safety, and welfare.
(14) The City Council shall take action on the application which shall include findings of fact and shall
be entered in the proceedings of the City Council and transmitted to the applicant in writing. The lack of a
simple majority Council vote to affirmatively approve a preliminary plat shall be a denial of the requested
application.
(15) Grading of the site included in the preliminary plat may occur after approval of the preliminary
plat and the approval and recording of a development agreement for the grading work, including financial
securities. The grading development agreement shall comply with the requirements of & 1001.056 and §
1001.140 et seq Section 1005 1 1.6 and Section 1010. However, grading and other site work shall not
commence until the issuance of a permit from the Rice Creek Watershed District or the Vadnais Lake Area
Water Management Organization, as applicable. This condition shall be included in the development
agreement.
(Ord. 04 -03, passed 2 -24 -2003)
FINAL PLAT
§ 1001.055 FILING AND REQUIREMENTS FOR APPLICATION.
(1) Approval of a preliminary plat by the City Council is an acceptance of the general layout, as
submitted, and indicates that the developer may proceed toward final plat approval in accordance with the
City Council approval of the preliminary plat, including conditions and the city growth management
standards.
(2) A complete application for final plat shall be submitted no later than 1 year after the date of
approval of the preliminary plat, or a time as provided in the developer's agreement. Otherwise, the
DRAFT JANUARY 5, 2009
r
•
•
preliminary plat approval shall be considered void, unless an extension is requested in writing, and for good
cause, is granted by the City Council.
(3) The final plat applications for subsequent phases, as described by the approved phasing plan, shall
be submitted within 1 year of approval of the final plat for the previous phase. An extension may be
requested in writing for City Council approval.
(4) In considering time extensions for final plat submittals, the City Council shall consider the reasons
for the extension. If the developer is unable to fulfill the schedule of the approved phasing plan, the City
Council may consider allocating to a different development project the MUSA that was committed to the
next phase of the plat. The subject plat would then wait until the following year for final plat or MUSA
approval for its next phase.
(5) The final plat application shall have incorporated all the conditions of City Council approval of the
preliminary plat. In all other respects, the final plat shall substantially conform to the preliminary plat. It
may constitute only that portion of the approved preliminary plat which the developer proposes to record
and develop at that time, provided that the portion conforms with all the requirements of this chapter.
(6) Approval of the engineering specifications required by this chapter pertaining to water supply,
drainage, domestic wastewater, potable water, street lighting, gas and electric service, grading, roadway
standards, widths, and surfacing of streets shall be completed by the Community Development Department
and appropriate development contracts prepared prior to approval of the final plat by the City Council.
(Ord. 04 -03, passed 2 -24 -2003)
(7) Final plat applications shall be accompanied by the fee and processing escrow established by the
City Council.
§ 1001.056 INFORMATION REQUIRED FOR FINAL PLAT.
(1) The final plat application shall include the fee and processing escrow established by the City
Council, five (5) large scale copies of the final plat, five (5) reproducible reductions at 11 inches by 17
inches, and 1 electronic copy in a format compatible with the city's computer system, and the other
information listed below.
(2) The city may requirclf the preliminaryplat approval included required changes to the preliminary
plat, the final plat application shall include 5 large scale copies (22 inches by 34 inches) and 1 reproducible
reduction at 11 inches by 17 inches and 1 electronic copy in a format compatible with the city's computer
system of the preliminary plat and of supporting documents illustrating all changes and conditions that were
required as part of preliminary plat approval. This revised preliminary plat will provide the historical record
of the subdivision approval by which subsequent final plats shall be considered.
17 inches.
DRAFT JANUARY 5, 2009
38
(3) One up -to -date (within 3 months) title insurance commitments for the property being subdivided,
as the city attorney or Community Development Department may require.
(4) One copy of any title declaration, conservation easements, deed restrictions, restrictive covenants,
homeowner's association documents, or common interest community documents.
(5) Documents and information necessary to fulfill the conditions of approval of the preliminary plat.
(6) Final plat general information:
(a) Name of the subdivision;
(b) Location by section, township, range, county, and state as well as descriptive boundaries of
the subdivision based upon an accurate traverse, giving angular and linear dimensions;
(c) Scale (engineering only) not larger than 1 inch equals 100 feet;
(d) North point indication;
(e) The location of monuments shall be shown and described. Monuments shall be at all property
corners;
(f) Location and accurate dimensions of all lots, outlots, streets, and other features. Lots and
blocks shall be numbered;
(g) A listing of the total area of each lot measured in gross square feet per lot, net square feet per
lot, area per block and total area of the plat;
(h) The exact location, widths and proposed names of all proposed streets;
(i) The location and width of all easements to be dedicated;
(j) Land dedicated as park or trail shall be labeled park on the final plat and dedicated with the
final plat;
(k) Name and address of the registered surveyor of the plat with certification in the form required
1 by Minnesota-Statutes-M.S. § 505.03, as may be amended from time to time;
(1) Statement dedicating all easements for installation and maintenance of utilities and drainage
facilities over, under, and along the areas designated as drainage and utility easements;
(m) Statement dedicating all streets or other public rights -of -way to the public;
DRAFT JANUARY 5, 2009
•
(n) For all land abutting a county road, right of access shall be dedicated to the county on the final
plat. A pre- existing access may be an exception if there is no alternative, practical means of providing
access to the property.
(no) Final grading, construction plans shall be prepared and submitted in accordance with city
standards;
(op) Copies of permits from Department of Natural Resources (DNR), Rice Creek Watershed
District or Vadnais Lake Area Watershed Management Organization, as applicable, (RCWD/VLAWMO),
Corp of Engineers, Minnesota Pollution Control Agency (MPCA) (Storm Water District Permit) and
others, if applicable. The permits shall be obtained prior to city approval of the final plat;
(pq) Cost estimates for all improvements;
1. The city engineer shall have a development financial requirement worksheet prepared and
2. The developer shall meet with the city staff to finalize the terms of the development contract;
3. Upon finalization of the development contract, the City Clerk shall have the final copy of
the contract signed by all appropriate parties. The development contract shall be recorded against the
property;
11. Financial securities shall be posted with the city as outlined in the development contract;
5. Final grading and utility plans shall be approved by the city engineer and made a part of
development agreement for the grading;
allowed until approval of a final plat and a development agreement for the sewer, water, and streets.
(7) Additional final plat information:
(a) Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe
boundaries, streets, easements, areas to be reserved for public use, and other important features. Lot lines
to show dimensions in feet and hundredths;
(b) An identification system for all lots and blocks;
(c) True angles and distances to the nearest established street lines or official monuments (not
less than 2), which shall be accurately described in the plat;
DRAFT JANUARY 5, 2009
40
(d) Municipal, township, county or section lines accurately tied to the lines of the subdivision by
distances and angles;
(e) Radii, internal angles, points and curvatures, and lengths of all areas;
(f) Accurate location of all monuments: pipes or steel rods shall be placed at the corners of each
lot;
(g) Accurate outlines, legal descriptions of any areas to be dedicated or reserved for public use, or
for the exclusive use of property owners within the subdivision with the purposes indicated therein;
(h) Certification by a registered land surveyor, to the effect that the plat represents a survey made
by him or her and that monuments and markers shown thereof exist as located and that all dimensional and
geodetic details are correct;
(i) Notarized certification by owner, and by any mortgage holder of record, of the adoption of the
plat, and the dedication of streets and other public areas;
(j) Approval by signature of city and county officials concerned with the approval of the plat;
(k) Form for approval of the Council as follows: Approved by the Council of the City of Lino
Lakes, this day of , 20
Signed (Mayor)
(City Clerk)
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.057 REVIEW, APPROVAL, OR DENIAL.
The final plat application shall be considered to be officially filed- submitted when the Community
Development Department has received and examined the application and has determined that the
application is complete. The application is complete if the fee and processing escrow and all information
required by this chapter for a final plat application have been submitted. The Community Development
Department shall make a determination of completeness within 15 days and notify the applicant in writing
if the application is incomplete. Such notice shall describe the missing information. If the application is
complete, the timeline for approval in § 1001.057 (3)d. begins upon the submittal of a complete
application.
(1) The Planning and Zoning Board shall consider the final plat and the Community Development
Department shall forward the Planning and Zoning Board recommendations to the City Council. The
following requirements shall be met before consideration of the final plat by the Planning and Zoning
Board:
DRAFT JANUARY 5, 2009
•
(a) The final plat shall substantially conform to the approved preliminary plat and phasing plan;
(b) For plats that consist solely of individual single family residential lots, final plat applications
for subsequent phases shall not be approved until building permits have been issued for 40% of lots in the
preceding phase. This division applies only when the preceding phase consists of 40 or more lots;
(c) Conditions attached to approval of the preliminary plat shall be substantially fulfilled or
secured by the development agreement, as appropriate.
(2) The following requirements shall be met before consideration of the final plat by the Planning and
Zoning Board or the City Council:
(a) The final plat shall substantially conform to the approved preliminary plat and phasing plan;
(b) For plats that consist solely of individual single family residential lots, final plat applications
for subsequent phases shall not be approved until building permits have been issued for 40% of lots in the
preceding phase. This division applies only when the preceding phase consists of 40 or more lots;
(c) City attorney approval of the status of title /property ownership related to the final plat;
1110 (d) Completed development contract,
for final plat and final grading completion;
(e) Conditions attached to approval of the preliminary plat shall be fulfilled or secured by the
development agreement, as appropriate; and
(f) All fees, charges, and escrow related to the preliminary or final plat shall be paid in full.
(3) (a) The City Council shall act on the final plat by motionresolution.
(b4) The resolution shall include findings of fact supporting the approval or denial and shall be
entered in the proceedings of the City Council.
(e5) The lack of a simple majority Council vote to affirmatively approve the final plat shall be a denial
of the requested application.
(6) The City Council shall take action on the application for a final plat within 60 days following
submittal of an application completed in accordance with the regulations of this chapter if the applicant
has complied with all conditions and requirements of applicable regulations and all conditions and
requirements upon which the preliminary approval is expressly conditioned either through
performance or the execution of appropriate agreements assuring performance. This period may be
extended if an extension is agreed to by the applicant.
plat.
DRAFT JANUARY 5, 2009
42
recording of the agreement.
(Ord. 04 03, passed 2 24 2003)
§ 1001.058 FORM AND CONTENT.
The final plat shall be of the form and content as prescribed in the Minnesota Land Surveyors
Association Plat Manual of Minnesota Guidelines, as may be amended, and by state statute.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.059 RECORDING.
(1) After approval of the final plat by the City Council, the developer shall submit 3 mylar copies of
the final plat and 1 electronic copy in a format compatible with the city's computer system.
(2) After approval and execution of the development contract, the contract shall be recorded.
(3) The developer shall record the plat within 90 days after the date of approval, otherwise the
approval of the final plat shall be considered void, unless the developer requests and receives an extension
from the City Council.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.060 RECORD PLANS.
Upon completion of construction of roads, sanitary sewer, water mains, storm sewer facilities, and
grading, the developer shall submit 2 sets of record plans and 1 electronic copy in a format compatible with
the city's computer system, indicating all changes in the work, including accurate locations, dimensions,
elevations, grades, slopes and all other pertinent information concerning the complete work.
(Ord. 04 -03, passed 2 -24 -2003)
MINOR SUBDIVISION
§ 1001.075 APPLICATION.
The provisions of this section shall apply only to those subdivisions classified as minor subdivisions.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.076 QUALIFICATION.
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•
•
1
The following may be considered criteria shall be used to determine if a subdivision is a minor
subdivision. In the event circumstances warrant platting : - _ •• . - , the City
Zoning Administrator may require the subdivision to be processed as a plat in accordance with §§ 1001.040
et seq. and §§ 1001.055 et seq Section
.. 11
(1) A subdivision which results in 3 or fewer unsewered residential parcels, tracts, or lots from 1 or 2
existing parcels, tracts or lots, within unsewered residential areas of the city is a minor subdivision. A
subdivision that results in more than 3 lots from 1 or 2 existing lots shall be platted.
(2) Any Ssubdivision efthat results in the creation of one or more sewered residential lots shall be
platted in full compliance with §§ 1001.040 et seq. and §§ 1001.055 et seq. Section 1004 and 1005 of this
Ordinance and therefore it is not a minor subdivision.
(3) The exchange of abutting land between owners through the relocation of the boundary line
between 2 abutting, existing parcels of property, which does not result in the creation of any new lot, is a
minor subdivision.
(4) The creation of a new nonresidential lot shall require a plat in compliance with §§ 1001.040 et seq.
and §§ 1001.055 et seq. _ - . - It . - : ! ! : - ' ! : ' .. - and therefore is not a minor subdivision.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.077 FILING AND REVIEW OF APPLICATION.
(1) Whenever any subdivision of land that qualifies as a minor subdivision as outlined in § 1001.076
Section 1006 2 is proposed, before . - : - .. : , and before any
permit for the erection of a structure on the proposed subdivision shall be granted, the subdividing owner or
his or her authorized agent shall file an application and secure approval of a minor subdivision.
(Ord. 04 -03, passed 2 -24 -2003)
The minor subdivision application shall be considered to be officially submitted when the Community
Development Department has received and examined the application and has determined that the
application is complete. The application is complete if the fee and processing escrow and all information
required by this chapter for a minor subdivision application have been submitted.
§ 1001.078 INFORMATION REQUIREMENTS.
(1) Certificate of survey prepared by a licensed land surveyor identifying the following:
(a) Scale (engineering only) at not larger than 1 inch equals 100 feet;
DRAFT JANUARY 5, 2009
44
(b) Name and address, including telephone number, of legal owner and /or agent of property;
(c) North point indication;
(d) Boundaries, dimensions, and area of existing lots being subdivided and new lots to be created;
(e) Legal descriptions of existing parcel and legal description of proposed new lots;
(f) Easements of record;
(g) Water courses, including delineated wetlands. If available, ordinary high water level (OHWL)
of any DNR protected waters, 100 year flood elevations of all watercourses (wetlands, ponds, lakes,
streams, and the like);
(h) All encroachments, easements, or rights -of -way encumbering the property;
(i) Existing buildings, structures, and improvements within the parcel to be platted and those 100
feet outside the boundaries of the subject parcel;
(j) Locations, widths and names of all public streets, rights -of -way or railroad rights -of -way
showing type, width and condition of the improvements, if any, which pass through and /or are within 100 dm
feet;
(k) Proposed driveway locations and locations of existing driveways on the same side of the road;
(1) Location of any abandoned wells;
(m) The toe and top of any bluffs present;
(n) Location of a primary and an alternate site for individual sewage treatment systems for all
lots, including a lot with an existing structure and sewage treatment system;
(o) Additional data requirements determined appropriate by the Community Development
Department;
(p) Drainage and utility easements, minimum 10 feet wide, along all lot lines. These easements
may be centered on a lot line shared between lots created by the minor subdivision;
(q) Any required right -of -way dedication;
(r) A copy of percolation tests and soil borings for all lots; and
(s) Additional information determined necessary by the Community Development Department to
ensure compliance with city requirements.
DRAFT JANUARY 5, 2009
•
•
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.079 PROCEDURE.
(1) Prior to formal application, concept plans shall be reviewed by the Community Development
Department.
(2) A formal application with required fees and processing escrow established by the City Council
shall be submitted to the Community Development Department. The minor subdivision application shall
be considered to be officially submitted when the Community Development Department has received and
examined the application and has determined that the application is complete. The application is complete
if the fee and processing escrow and all information required by this chapter for a finalplat application have
been submitted. The Community Development Department shall make a determination of completeness
within 15 days and notify the applicant in writing if the application is incomplete. Such notice shall
describe the missing information. Examination for completeness must take into account that if the
application is complete, the timeline for approval in paragraph (5) begins upon the submittal of a complete
application.
(3) The Community Development Department shall request input by the city's planning, engineering,
and legal staff, as appropriate, as part of a formal review and preparation of a report.
(4) The Community Development Department shall have the authority to request additional
information pertinent to the administrative minor subdivision and necessary to determine compliance with
applicable requirements. Failure to provide the necessary supportive information may be grounds for denial
of the request.
(5) The Community Development Department shall reach a decision on the requested minor
subdivision within 120 days of the submittal of a complete application, unless the applicant agrees to an
extension of the review period.
(a) The Community Development Director may approve the minor subdivision with conditions
that must be met to ensure the minor subdivision is compliant with the regulations of the Lino Lakes
Subdivision and Zoning Chapters, as may be amended, and other applicable requirements.
(b) The Community Development Director shall prepare findings and deny a subdivision if the
minor subdivision is found to be premature as defined by the criteria of § 1001.013 Section 4 -0022- of this
Ordinance- or fails to comply with regulations of the Lino Lakes Subdivision and Zoning Chapters, as may
be amended, or other applicable requirements. The findings shall be sent to the applicant along with
information on the appeal /variance process.
(6) The applicant may appeal a minor subdivision denial following the procedures outlined in the
zoning chapter _ . - : - - _ ! ; ' . (note: Sec. 2, Subd. 4 is the variance and
appeals section in the existing zoning code. When the zoning ordinance is amended and codified, it will he
0007, 023.)
DRAFT JANUARY 5, 2009
46
(7) Prior to certification by the city of the approval of the minor subdivision, the applicant shall supply
the deed(s) granting to the city the lot line easements required in § 1001.078 Section 1006 3 1.p, above or
other easements found necessary and required by the City.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.080 RECORDING.
If the administrative minor subdivision is approved by the Community Development Department, the
applicant shall record the deed, and the accompanying survey, in the Office of the Anoka County Recorder
within 60 days after the date of approval, otherwise the approval of the administrative subdivision shall be
considered void.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.081 REPORTS TO CITY COUNCIL.
The Community Development Department shall provide to the City Council reports summarizing
submitted minor subdivision applications and outcomes regarding approval or denial as they occur.
(Ord. 04 -03, passed 2 -24 -2003)
DESIGN STANDARDS
§ 1001.095 CONFORMITY WITH THE COMPREHENSIVE PLAN AND ZONING
CHAPTER.
A proposed subdivision shall conform to the Comprehensive Plan, to related policies adopted by the
city, and to the Lino Lakes Zoning Chapter, as may be amended.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.096 LAND REQUIREMENTS.
(1) Land shall be suited to the purpose for which it is to be subdivided. No plan shall be approved if
the site is not suitable for the purposes proposed by reason of potential flooding, topography, adverse soil
conditions, rock formations, or wetlands.
(2) Proposed subdivisions shall be coordinated with surrounding properties and /or neighborhoods so
that the city as a whole may develop efficiently and harmoniously.
(Ord. 04 -03, passed 2 -24 -2003)
DRAFT JANUARY 5, 2009
•
•
§ 1001.097 BLOCKS.
(1) Length. The maximum length of blocks shall be 1,500 feet and the minimum length 400 feet.
Blocks over 900 feet long may require pedestrianways at least 10 feet wide at their approximate center.
The use of additional pedestrianways to schools, parks, and other destinations may be required.
(2) Arrangement. A block shall be so designed as to provide 2 tiers of lots unless it adjoins a major
collector or an arterial street or where topographic or other conditions render the block arrangement
unreasonable.
(3) Block depth. The width of the block shall normally be sufficient to allow 2 tiers of lots of
appropriate depth, except where topography or other conditions render the block depth unreasonable.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.098 LOTS.
(1) Area. The minimum lot area, width and depth shall not be less than that established by the Lino
Lakes Zoning Chapter in effect at the time of adoption of the final plat. Minimum lot area for urban lots
shall consist of buildable land exclusive of utility transmission easements or water course easements that
encumber lot development.
(2) Corner lots. Corner lots for residential use shall have additional width to permit appropriate
building setback from both streets and a side yard buffer yard where the side yard abuts a collector or
arterial street as required in the Lino Lakes Zoning Chapter.
(3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to
curved street lines.
(4) Width. Every lot must have the minimum width measured at the minimum front yard setback and
at the setback from the OHWL of an abutting lake or stream and extending to the location of the principal
building.
(5) Lot frontage. All lots shall have frontage on an improved public street that provides the required
lot width at the minimum front yard setback, except multi - family or Planned Unit Developments that
provide access via private roads or drives. Flag lots are prohibited.
(6) Urban single and 2-family lot access. All new single and 2- family urban lots shall be designed to
receive access from a local street. Direct lot access from an arterial or major collector street for these urban
lots shall be prohibited.
11 (7) Access points in new commercial, industrial and multiple family lots. New commercial, industrial,
and multiple- family lots fronting on an arterial or major collector street shall be designed to minimize the
DRAFT JANUARY 5, 2009
48
number of direct access points through the following methods listed in preferential order. If the highest
preference is not possible, the next preference shall be utilized until an access method is possible.
(a) Access from a local street.
(b) Frontage road serving multiple properties.
(c) Frontage driveway or connected parking lot with cross easements serving multiple properties.
(d) Shared driveways.
(e) One driveway access, no closer than 200 feet to another driveway and that meets the city's
minimum spacing standards from a street intersection. All driveways shall be reviewed for consistency
with the access management guidelines of the Lino Lakes transportation plan.
(8) Setback lines. Setback or building lines shall be shown on all lots intended for residential use and
shall not be less than the setback required by the Lino Lakes Zoning Chapter, as may be amended.
(9) Water courses. Water courses may be contained within abutting lots. Water courses shall be
protected by easement that will include at a minimum a 10 foot buffer extending outward from the
delineated wetland boundary or the water course ordinary high water level as defined by 1001.007
Section 1001.7 of this Ordinance. Lots with easements protecting water courses shall have sufficient
dimensions and area outside the water course easement to meet or exceed the minimum lot area and width
specified in the Zoning Chapter for the district in which the lots are located.
(10) Grading for drainage. Lots shall be graded so as to provide drainage away from building locations
and shall conform to the approved final grading plan. Storm water drainage from an improved lot shall not
be directed at an adjoining property at a rate above a predevelopment condition except where drainage is
directed to a designed drainage easement.
(11) Features. In the subdividing of any land, due regard shall be shown for all natural features, such
as tree growth, water courses, historic places or similar conditions which, if preserved, will add
attractiveness and stability to the proposed development.
(12) Frontage on 2 streets. Double frontage or lots with frontage on 2 parallel streets shall not be
permitted except where lots back on major collector or arterial streets, city or state highways, or where
topographic or other conditions render subdividing otherwise unreasonable. Additional lot depth and a
landscaped buffer yard shall be provided where a lot backs onto a major collector or arterial street.
(13) Irregular shaped lots. On single - family residential lots determined to be irregular in shape (for
example, 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.
DRAFT JANUARY 5, 2009
•
•
(14) Building expansion. All single family residential lots shall be designed in consideration of
potentials for buildings accommodating garages, porches and decks, and the like without need for setback
variance. The buildings and structures are to be compatible in size and character with the surrounding area.
(15) Lot remnants /outlots. All remnants of lots below minimum lot size left over after subdividing a
larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. Outlots may
be platted within a subdivision to delineate future development phases or commonly owned open spaces.
The outlet shall be sized in a manner to accommodate its intended use. An outlot shall be platted into a lot
and block prior to issuance of a building permit. No building permits shall be issued for an outlot except
for open air structures allowed as a recreational component in an open space area.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.099 CONSERVATION SUBDIVISION DESIGN.
(1) Purpose. The intention of a conservation subdivision is to compatibly integrate development with
the natural features of the site to accomplish the following objectives:
(a) The perpetual preservation of natural habitat areas and land forms unique to Lino Lakes;
(b) The creation of open spaces for passive and active recreational uses;
(c) The creation of well designed residential neighborhoods that feature common open space; and
(d) The establishment of a unified landscape amenity for the enjoyment of the city residents.
(2) Open space classification designations. Each open space area shall be classified in 1 of the
following categories: natural habitat, neighborhood recreation, or pedestrian corridor open space and shall
conform to the type of use, location criteria, and deed restrictions of that classification.
(a) Natural habitat. The development shall preserve the maximum quantity of natural habitat
open spaces in a contiguous, connected configuration. Natural habitat open spaces may include, but are not
limited to, fields, wetlands, slopes, bluffs, dense woods, water courses, lakes, ponds, streams, shorelands,
and other environmentally sensitive areas or desirable viewsheds. Natural habitat open spaces may be
preserved as conservation easements or outlots with shared ownership among the property owners or
dedicated to a public agency.
(b) Neighborhood recreation. The development shall locate neighborhood recreation open spaces
so that they are an integral part of the neighborhood of surrounding homesites, at an elevation appropriate
to their intended recreational use, defined by coherent boundaries, and accessible to all neighborhood
residents. Neighborhood recreation open spaces may include, but are not limited to, greens, commons,
playgrounds, ballfields, gardens, and the like.
(c) Trail corridors. Trail corridor open spaces may include, but are not limited to, established
regional trails, local pathways, or paved walkways. Public trail corridor park land dedications shall be a
DRAFT JANUARY 5, 2009
50
minimum of 20 feet in width. Private trail corridors may be established by easement or outlot under the
ownership of a homeowners association. Trail corridor open space shall be used for pedestrian, bicycle,
and /or equestrian travel. Motorized vehicles shall be prohibited.
(d) Habitable structures. Habitable structures shall not be permitted in any of the designated open
spaces. Open and recreational structures may be permitted within open spaces.
(3) Ownership and management. Each designated open space designated shall be owned and
managed according to the following means, subject to city approval.
(a) Open space may be owned in common by the property owners created through subdivision of
the original tract. Management shall be the responsibility of that subdivision's homeowner association. In
the case where at least 1 open space is held in common ownership, a homeowner association shall be
established for that subdivision. Membership in the association by all property owners in the subdivision
shall be mandatory. The homeowners association documents or the declaration of covenants, conditions
and restrictions shall be submitted as part of the preliminary plat application and shall contain the following
information:
1. The legal description of the common lands or facilities;
2. The restrictions placed upon the use and enjoyment of the lands or facilities, including the
persons or entities entitled to enforce the restrictions;
3. A mechanism for resolving disputes among the owners or association members;
4. A mechanism to assess and enforce the common expenses for the land or facilities,
including upkeep and maintenance expenses, real estate taxes, and insurance premiums;
5. The conditions and timing of the transfer of ownership and control of land or facilities to
the association or to common ownership.
(b) Natural habitat. Open space may be deeded to an established land trust or non - profit
organization. Management shall be the responsibility of the land trust or non -profit organization.
Maintenance may be performed by the neighborhood homeowner association, through written agreement
between the association and the land trust or non - profit organization.
1. Open space may be protected by establishing conservation easements in perpetuity in
favor of an established land trust or non - profit organization as provided in Minnesota Statutes M.S.
§_§ 84.64 through 84.65, as they may be amended from time to time. Unless the document establishing the
restrictions specifically provides to the contrary, the city shall have no responsibility for the maintenance or
management of the area subject to the restrictions. The form and content of the deed or other instrument
establishing the restrictions must be approved by the city prior to the execution and delivery thereof.
Notwithstanding any provision of this chapter to the contrary, the city may, in cases where conservation
restrictions are utilized to meet open space dedication requirements of this chapter, waive the requirement
that the area subject to the restrictions be platted as a separate outlot.
DRAFT JANUARY 5, 2009
•
•
2. Stormwater drainage systems located within open spaces or the residential lots shall be
covered by utility and drainage easements dedicated on the final plat to the city.
(c) Neighborhood recreational and trail corridor. Recreational open space or trail corridors
intended as public parks or public trails shall be dedicated to the city. Management and maintenance of the
public recreational areas shall be the responsibility of the city.
(4) Residential lot siting.
(a) Residential lot areas shall consist of buildable land as defined in § 1001.007 Section 1001.7.
(b) Residential lots shall be sited in a manner that preserves existing significant tree cover on the
site.
(c) The lots of a neighborhood may be arranged so that a majority of the principle structures will
take visual advantage of an identifiable feature, building, structure, greenway, wetland, woods, lake, stream,
or other open space which could be described as a view shed.
(d) The lots may be arranged that the principle structures face a local street enhanced with
landscaping, street trees, boulevards, medians, or other landscaping techniques appropriate to the city's
street design standards.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.100 STREETS AND ALLEYS.
(1) Streets. Design criteria for streets is located in 302.03 City Code, Section 302. Street
Construction Standards, Section 302.03, as amended.
(2) Alleys. Alleys shall be allowed within the city in accordance with Chapter 302.
(3) Streets, continuous. Except for cul -de -sacs, streets shall connect with streets already dedicated in
adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided tracts, or
shall be a reasonable projection of streets in the nearest subdivided tracts. The arrangement of
thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of
traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their
appropriate relation to the proposed uses of the area to be served.
(4) Street plans for future subdivisions. Where the plat application includes only part of the tract
owned or intended for development by the subdivider, a build out plan (ghost plat) illustrating a proposed
future street system for the unsubdivided portion shall be prepared and submitted by the subdivider.
(5) Temporary cul -de -sac. In those instances where a street is terminated pending future extension in
conjunction with future subdivision and more than 200 feet between the dead -end and the nearest
DRAFT JANUARY 5, 2009
52
intersection, a temporary turn around facility shall be provided at the closed end, in conformance with
cul -de -sac requirements. This temporary cul -de -sac must be placed inside a temporary roadway easement if
it is located outside the street right -of -way. Financial security will be required for removal or restoration as
determined by the city engineer.
(6) Provisions for resubdivision of large lots and parcels. When a tract is subdivided into larger than
normal building lots or parcels, the lots or parcels shall be so arranged as to permit the logical location and
openings of future streets and appropriate resubdivision, with provision for adequate utility connections for
the resubdivision.
(7) Subdivisions abutting major rights -of -way. Wherever the proposed subdivision contains or is
adjacent to the right -of -way of a U.S. or state highway, city road, local collector, or local arterial street,
provision may be made for a service street approximately parallel and adjacent to the boundary of the
right -of -way; provided that due consideration is given to proper circulation design, setbacks from an
intersection on the major rights -of -way, or for a street at a distance suitable for the appropriate use of land
between the street and right -of -way. The distance shall be determined with due consideration of the
minimum distance required for approach connections to future grade separations or for lot depths.
(8) Compliance with the Lino Lakes transportation plan. All subdivisions incorporating streets which
are identified in the city transportation plan, as amended, shall comply with the minimum right -of -way,
surface width, and design standards as outlined in the plan and must be reviewed and approved by the city
engineer.
(9) Access management requirements. All subdivisions shall be reviewed for its consistency with the
access management guidelines of the Lino Lakes transportation plan.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.101 EASEMENTS.
(1) Lot lines. Drainage and utility easements at least 10 feet wide shall be provided on all lot lines
(see diagram below). These easements may be centered on common rear and side lot lines. At a minimum,
these easements shall be 10 feet wide along all lot lines on streets and along all boundaries with land not
being developed. The easements shall have continuity of alignment from block to block. At deflection
points, an easement for a pole line anchor shall be provided where necessary.
DRAFT JANUARY 5, 2009
•
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a
y
(2) Drainage channels. Easements shall be provided along each side of the centerline of any
waterway or drainage channel. The easements shall be of a sufficient width to provide for proper
maintenance and protection of the waterway or channel, stormwater runoff, and the installation and
maintenance of drainage systems. The easements for drainage purposes shall not be less than 20 feet in
width.
(3) Utilities. Easements shall be provided for all sanitary sewer, water main, and stormwater
facilities. The easements shall be of a sufficient width to provide for access, proper maintenance, and
protection of the facilities.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.102 STORM WATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL.
(1) The natural drainage shall be used as far as is feasible for the storage and flow of runoff. The
design of a drainage system shall conform to any overall storm water drainage plan for the area. The
following requirements shall also apply:
DRAFT JANUARY 5, 2009
54
(a) Storm water drainage shall be consistent with policies and standards of the Lino Lakes local
water management plan, as may be amended;
(b) No existing ditch, stream, drain or drainage channel shall be deepened, widened, re- routed or
filled without written permission from the city and other governmental agencies; and
(c) Where drainage channels must be constructed to augment the natural drainage system, the
channels, as well as the natural drainageways, may be planned as a part of a recreational trail system. When
this is done, channels shall be designed to be aesthetically compatible for recreational trail use.
(2) Either Rice Creek Watershed or VLAWMO shall approve all subdivision grading, drainage, and
wetland mitigation plans.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.103 PUBLIC UTILITIES.
Telephone, electric, cable, gas service lines and/or other public utilities are to be placed underground in
accordance with city standards.
(1) Developers shall apply for city permits to install underground utilities in public rights -of -way.
(2) The city shall approve all utilities prior to installation.
(3) Public utilities shall be installed in a joint trench in accordance with city standards.
(4) Conduit shall be installed for all road crossings.
(5) Public utility installation shall not occur until 1 week after all curb has been backfilled.
(Ord. 04 -03, passed 2 -24 -2003)
PUBLIC LAND DEDICATION
§ 1001.115 PROPERTY DEDICATION.
(1) 14-pertien- . city a A reasonable portion of the every
proposed subdivision shall be dedicated to the city for public streets, roads, utility easements, water
facilities, storm water drainage and holding areas or ponds and other similar utilities and improvements.
(2) As a prerequisite to any subdivision approval, and at the sole determination by the city, applicants
and /or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make
a cash contribution to the city's park dedication fund roughly related to the anticipated effect of the
DRAFT JANUARY 5, 2009
•
•
•
subdivision on the park and trail system. The amounts listed in this section are the city's best estimate of
the dedication or cash contribution needed to offset the effect of the subdivision on the park and trail
system. The requirement may also be met with a combination of land and cash if approved by the City
Council.
(3) Land shall be reasonably suitable for its intended use and shall be at a location convenient to the
people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall
include size, shape, topography, geology, hydrology, tree cover, access and location, and future park needs
pursuant to the Comprehensive Plan. Wetlands, ponding areas, and drainage ways shall not be eligible for
park dedication credit. Park land to be dedicated shall be above the ordinary high water level. Grades
exceeding 12% or areas unsuitable for park development shall not be considered for dedication. Land with
trash, junk, pollutants and/or unwanted structures is not acceptable.
(4) The applicant shall confer with city staff and the Park Board at the time the preliminary plat is
under consideration, to secure a recommendation as to the location of any property to be dedicated for parks
and open space. The preliminary plat shall show the location and dimensions of all areas to be dedicated
this-manner. The contribution requirement recommendation(s) will be sent to the Planning and
Zoning Board for review and comment and subsequently to the City Council for their approval.
(5) When a proposed park, playground, recreation area or other public ground has been indicated in
the city's official map or comprehensive plan and is located in whole or in part within a proposed plat, it
shall be dedicated as park to the appropriate governmental unit. For an unplatted subdivision, this public
ground shall be conveyed to the appropriate governmental unit by other means as a condition of approval.
If the applicant elects not to dedicate an area in excess of the land required hereunder for the proposed
public site, the city may consider acquiring the excess land through purchase or condemnation.
(6) Where private open space for park and recreation purposes is provided in a proposed subdivision,
the areas may be used for credit, at the discretion of the City Council, against the land or cash dedication
requirement for park and recreation purposes, provided the City Council finds it is in the public interest to
do so and provided there is a legally enforceable mechanism in place to ensure that the private open space
shall remainpermanent open space.
(7) The city, upon consideration of the particular type of development, may require that a lesser parcel
of land should be dedicated due to particular features of the development. In these cases, a cash
contribution shall be required above the land dedication to ensure that compensation is received for the full
amount of the impact on the city's park and trail system.
(8) In all new residential, commercial and industrial subdivisions, 10% of the area subdivided shall be
dedicated for public recreation space or other public use as established by City Council resolution. A
different percentage may be applied as the City Council shall determine to be reasonably necessary as a
result of the subdivision approval. This 10% shall be calculated on the net area, which is the gross area of
the subdivided property minus the area in wetlands. The land dedicated for public recreation shall be in
addition to property dedicated for streets, alleys, easements, or other public ways. No areas may be
dedicated for public use until the areas have been approved by the City Council as suitable and necessary
for the health, safety, convenience and general welfare of the city.
DRAFT JANUARY 5, 2009
56
•
in lieu of the land dedication as
established- by y Council resolution. The amount is the city's best e e of the effect of e
subdivision on the city's park system.
(1-09) All land proposed for park, trail. and /or bike open space dedication shall be subject to the
recommendations of the Park Board and approval of the City Council.
the- feliowing:
(10) The City may at its discretion choose to require a cash fee as set by ordinance in lieu of land
dedication for some or all of the new lots created in the subdivision. Combined land dedication and cash in
lieu of land shall be calculated as follows:
(a) The total number of residential dwelling units in the development shall be multiplied by the
residential per unit park dedication charge established by the City Council. The result of this
calculation is equal to the cash -in -lieu total if all park dedication for the subdivision were to
be cash in lieu of land.
(total number of lots) x (park dedication charge) = cash -in -lieu total
(b) The value of land being dedicated shall be based on the per -acre market value of the land
multiplied by the number of acres being dedicated:
(acres of land dedication) x (per -acre market value) = value of land dedication
The market value of the land shall be based on an appraisal of fair market value of the
unplatted land (for which park fees have not already been paid) no later than the time of
approval of the final plat.
(c) The amount of cash to be contributed in combination with land is the cash -in -lieu balance,
which shall be calculated with the following formula:
(cash -in -lieu total) - (value of land dedication) = cash -in -lieu balance
DRAFT JANUARY 5, 2009
•
•
Density — Number of Lots.
2- Number of Lots -x-
Subdivision;
x Average
Total Cash Contribution-for-the
f liow;ng f rmula:
be used:
(c) To determine the combined land and cash dedication requirement, the following formula shall
Contribution
(4-211) Planned Unit Developments with mixed land uses shall make cash and/or land contributions in
accordance with this section based upon the percentage of land devoted to the various uses.
(4-312)
plat. Cash dedications shall be included in the development agreement and paid prior to the city's signature
of and release of the final plat. For subdivisions that do not require a development agreement, the cash
dedication shall be paid before the city releases the signed approval of the subdivision for recording.
(4413) Cash contributions for parks and trails shall be deposited in either the city's park fund or
multi - purpose trail fund and shall only be used for park acquisition or development, and trail acquisition or
development as determined by the city.
(4314) Property being flatted -re- subdivided with the same number of lots and same number of dwelling
units shall be exempt from all park land dedication requirements. If the number of lots or the number of
dwelling units is increased, or if land outside of the previously recorded plat is added, then the park land
dedication and/or park cash contributions shall be based on the additional lots and on the additional land
being added to the plat.
(1-615) If the applicant or developer does not believe that the estimates requirements contained in this
section fairly and accurately represent the effect of the subdivision on the park or trail system of the city,
the applicant or developer may request that the city prepare an in -depth study of the effect of the
subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of the
study shall be paid by the developer or applicant. If the developer requests the preparation of a study, no
application for the development shall be deemed complete until the study has been completed and a
determination is made as to the appropriate amount of land or money necessary to offset the effects of the
subdivision.
• (Ord. 04 -03, passed 2 -24 -2003; Am. Ord. 06 -01, passed 5 -29 -2001)
DRAFT JANUARY 5, 2009
58
TREE PRESERVATION
§ 1001.125 GENERAL.
The following process for preserving significant trees shall be required of subdividers.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.126 TREE PRESERVATION BY SUBDIVIDERS.
(1) Subdividers shall:
(a) Incorporate the preservation of trees into the overall design of the plat;
(b) Prepare a tree preservation plan superimposed on the grading plan, as described below;
(c) Ensure the tree preservation plan is followed during the plan development (mass grading);
(d) Provide a financial guarantee as part of the development agreement to guarantee the
preparation and implementation of the preservation plan and the replacement of all significant trees which
were to be saved but were actually destroyed or damaged. The financial security in an amount determined
by the City Council and adopted by ordinance shall be provided for:
1. Each mass graded lot with at least 1 significant tree to be saved;
2. Each custom graded lot with at least 1 significant tree on the lot; and
3. Each outlot with at least 1 significant tree;
(e) Install snow fencing or polyethylene laminar safety netting at the drip line or critical root
zones of trees to be saved;
(f) Install signage at all tree protection areas that instruct workers to stay out;
(g) Install erosion control measures;
(h) Keep tree protection measures in place and in good condition until all grading and
construction activity is terminated; and
(i) Prevent change in soil chemistry due to concrete wash out and leakage or spillage of toxic
materials such as fuels or paints.
DRAFT JANUARY 5, 2009
•
(2) (a) No soil disturbance shall occur within the subdivision until the tree preservation plan is
approved, financial securities have been submitted and development agreement approved, and tree
protection measures are in place on site.
(b) Construction staging areas and areas for the storage of equipment and stockpiling of materials
shall not be within tree protection areas.
(c) Fill shall not be placed against tree trunks, under the drip line, or in critical root zones of trees
to be saved.
(d) Pruning of oak trees shall not take place from April 1 through July 15. If wounding of oak
trees occurs, a non -toxic tree wound dressing must be applied immediately. Excavators shall have a
non -toxic tree wound dressing with them on the development site.
(3) A tree preservation plan shall be submitted and shall consist of the following items:
(a) Tree inventory, prepared by a licensed land surveyor and a forester or landscape architect, that
includes the size, species, tag numbers, and locations of all significant trees, specimen trees, and significant
tree stands on the entire property included in the preliminary plat;
•(b) Mass graded areas and proposed grades. Changes in grades should be well planned with the
objective of preserving significant trees;
•
(c) Custom graded lots;
(d) All significant trees proposed to be saved and significant trees proposed to be removed in soil
disturbance areas;
(e) The plan shall designate tree save zones for:
1. Areas not in soil disturbance areas;
2. All specimen trees to be saved; and
3. All significant tree stands to be saved;
(f) Measures proposed to protect significant trees, including, but not limited to:
1. Tree removal procedures, including directional felling away from existing trees to be
saved and trenching to separate root systems prior to bulldozing trees or stumps;
2. Installation of signage at all tree protection areas that instruct workers to stay out;
3. Installation of snow fencing or polyethylene laminar safety netting at the drip line or
critical root zones of trees to be saved;
DRAFT JANUARY 5, 2009
60
4. Installation of erosion control measures;
5. Designation of a construction staging area along with a designated area for the storage of
equipment and stockpiling of materials that is not within tree save zones;
6. Construction access locations;
7. Overlay of the subdivision utility plan on the tree preservation plan to strategically lay out
utility locations and trenches in a manner that protects trees to be saved. Individual utility stubs to home
sites shall be reviewed for compliance with tree preservation plans.
(4) After mass grading has been completed and streets and utilities installed, the subdivider's forester
or landscape architect shall:
(a) Certify in writing to the city the status of all trees indicated as trees to be saved in the
approved plan;
(b) Certify in writing to the city whether tree protection measures were installed; and
(c) Certify the status of any remove - designated trees that were saved.
(5) If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, it
shall be replaced in accordance with the tree replacement requirements of § 1001.126 Section 1009 2.
(6) The financial security will be released upon:
(a) Certification in writing by the forester or landscape architect indicating that the tree protection
measures were installed on mass graded lots and tree replacement is completed, if necessary. These must
be confirmed by the city; and
(b) The home builders having posted a security for the custom graded lots.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.126 TREE REPLACEMENT.
(1) Subdividers and /or home builders shall be required to replace significant trees which were
indicated on the tree preservation plan to be saved but ultimately were destroyed or damaged. Each
significant tree that was supposed to be saved but was destroyed or damaged shall be replaced with 2
replacement trees.
(2) Replacement trees shall consist of nursery stock and be no less than the following sizes:
(a) Deciduous trees: No less than 2.5 inches in diameter; and
DRAFT JANUARY 5, 2009
•
•
(b) Coniferous trees: No less than 6 feet high;
(3) Replacement trees shall be species similar to the trees which were destroyed or damaged and can
include those species shown on the following table:
(a) Deciduous trees: maple, oak, linden, ash, honeylocust, birch, hackberry;
(b) Coniferous trees: fir, red pine, white spruce, eastern red cedar, black hills spruce, white pine,
Austrian pine, northern white cedar.
(4) Unacceptable trees: The following trees are unacceptable because of structural instability,
susceptibility to disease, or because they are invasive species:
(a) Deciduous: Norway maple, Siberian elm, silver maple, cottonwood, amur maple;
(b) Coniferous: Colorado spruce.
(5) Replacement trees shall not be placed on easements or street rights -of -way. Prior to planting
replacement trees, the subdivider or home builder shall submit for city review and approval the locations of
the replacement trees.
(Ord. 04 -03, passed 2 -24 -2003)
IMPROVEMENTS
§ 1001.140 REQUIRED PUBLIC IMPROVEMENTS.
(1) No final plat shall be approved by the City Council until improvements and construction of the
land, streets, and trails, together with all other necessary facilities in the plat have been designed and
satisfactorily arranged in accordance with provisions of the regulations for land improvement and
construction and conditions of subdivision approval. In addition to construction on land, streets, and trails,
the developer, as part of the final plat, shall install and pay for light poles, fixtures and street name signs as
approved by the city and the utility company serving the location. The installations shall be completed
before the street is surfaced.
(2) The following is a detailed description of public improvements required to be completed for each
final plat:
(a) Grading, drainage, wetland mitigation, and erosion control;
(b) Sanitary sewer facilities;
DRAFT JANUARY 5, 2009
62
(c) Water facilities;
(d) Storm sewer;
(e) Streets;
(f) Street and traffic signs;
(g) Sidewalks and trails;
(h) Street lights; and
(i) Subdivision monuments.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.141 SUBDIVISION MONUMENTS.
(1) Durable iron monuments meeting the minimum requirements of state law shall be set at all angle
and curve points on the outside boundary lines of the plat and also at all block and lot corners and at all
intermediate points on the block and lot lines indicating changes of direction in the lines and witness
corners.
(2) All federal, state, city, or other official benchmarks, monuments, or triangular stations in or
adjacent to the property shall be preserved in precise position and shall be recorded on the plat.
(3) To ensure that all irons and monuments are correctly in place following the final grading of a plat
and construction of utilities, financial security will be required as determined by the city engineer. (Ord.
04 -03, passed 2 -24 -2003)
§ 1001.142 REQUIRED PRIVATE IMPROVEMENTS.
As part of the final plat, the following private improvements shall be required where applicable to a
new subdivision:
(1) Where public sewer and water facilities are not available for extension into the proposed
subdivision, the city may permit the use of individual water and sewer systems in accordance with city and
state regulations, as may be amended;
(2) Communal or shared on -site sewage and water systems may be allowed within a subdivision
provided:
DRAFT JANUARY 5, 2009
•
(a) All on -site communal sewage treatment systems shall conform to the performance standards
of Minnesota Pollution Control Agency's Standards for Sewage Treatment Systems, Minn. Rules, Ch.
7080, as amended horn time to tune;
(b) All subdivision proposals shall be reviewed by the city for suitability of platted lots to
accommodate communal sewage treatment systems and water systems;
(c) A communal sewage system shall include a community management plan that is controlled by
an entity with the authority to bill system users for the costs of maintenance, management, operation, and
repair of the system. The community management plan shall be subject to the review and approval of the
city;
(d) Subdivisions with communal sewage treatment systems shall reserve land area for a
replacement system; and
(3) Required landscaping, buffer yards, and tree preservation shall be installed and maintained in
accordance with plans approved by the city.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.143 IMPROVEMENT FINANCING.
All public improvements for new subdivisions shall be financed and secured in accordance with public
improvement financing policies of Lino Lakes, as may be amended.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.144 UTILITY AREA AND UNIT CHARGES.
The following utility area and unit charges shall be collected with any new subdivisions in accordance
with the public improvement financing policy of Lino Lakes, as may be amended:
(1) Trunk sewer area and unit charges;
(2) Trunk water main area and unit charges; and
(3) Surface water management planning (SWMP) and storm sewer trunk (SST) charges.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.145 DEVELOPMENT AGREEMENT.
(1) Prior to commencing grading, wetland mitigation, or the installation of any required
improvements, the developer shall enter into a written development agreement with the city requiring the
developer to furnish, construct, and complete the work .: ' - _ ..• : ' -- : •• in accordance with plans
DRAFT JANUARY 5, 2009
64
and specifications and usual agreement conditions and /or pay appropriate costs for improvements or other
costs associated with the plat. Further, the agreement shall provide for the development of any restrictions,
covenants, easements, signage, park or open space requirements, or other conditions of the approved
preliminary plat and provide for the proper execution, recording or other action required. Further, the
agreement shall require that grading and other site work shall not commence until the issuance of a permit
from the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization, as
applicable. Approval of the development agreement shall be by City Council resolution.
(2) For - - . • : .. •, At the city's discretion, an initial development
agreement shall-may be prepared to allow for grading, wetland mitigation, and installation of stormwater
management facilities on the entire site included in the approved preliminary plat. The work may begin
after approval of the preliminary plat but only after approval; and execution ,, and recording of the
development agreement and submittal of financial securities for the work. The work must comply with the
approved grading plan.
(3) The construction of streets, facilities for sanitary sewer and water, and other improvements beyond
grading, wetland, and stormwater facilities shall not begin until approval of a final plat and shall only be
installed in the area included in the approved final plat. Each project phase shall require a
separate development agreement for improvements beyond those covered in previous agreements.
Improvements in each phase shall not begin until; the final plat for that phase is approved, and; the
development agreement for the phase is approved, executed, and recorded, and; financial securities for the
improvements have been posted with the city. If an initial development agreement for grading, wetland
mitigation, and installation of stormwater management facilities is not approved, such work shall be
included in the same agreement that covers the construction of streets, sanitary sewer, water, and other
improvements.
(4) The initial development agreement (for grading) may address construction of streets and facilities
for sanitary sewer and water for the first phase and list the financial securities and other requirements.
However, the agreement shall stipulate that the work on these improvements shall not begin until approval
of the final plat for the first phase land that includes those improvements and the provision of all financial
securities by the developer.
(a5) Each approved and executed development agreement shall be recorded against theproperty. Each
agreement shall require that it is to be binding upon the developer, his, her or their heirs, personal
representative, and assigns. It shall stipulate that:
(a)-E: All improvements called for in the plat, or in any supplementary agreements, must be
complete within the time specified by the city;
(b)2- No private construction shall be conducted on any lots in the plat or filing of applications for
nor shall any building permits be issued for the construction on the lots; until all improvements required
under the city regulations for the proposed subdivision have been made or arranged in a manner provided
for in this section. The following paragraph (c) provides an exception to this prohibition.
DRAFT JANUARY 5, 2009
•
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(c) A building permit for one dwelling unit for every ten gross acres that is within the subdivision
may be issued to be used as a model home after approval of the final plat. The right to obtain such building
permits shall be contingent upon the following:
1. Execution of a development contract with financial securities addressing the structure.
2. Construction shall be limited to maintain a maximum distance of 150' from the furthest
exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and
maintain such access in order to meet said requirements.
3. Prior to release of the building permits, the builder shall enter into a separate agreement
with the City which would not allow the building to be occupied after issuance of certificate of occupancy
by anyone other than the builder for exhibiting the home for model purposes nor would they convey the
property to any other third parties by any means until all of the public and private utilities have been
installed to serve the building and accepted by the City.
(h6) The development agreement shall include provisions for construction work inspection by the city
and assurance that the developer will conform with current testing requirements and quality control
procedures of the city. The developer shall provide documentation from a qualified testing laboratory
and/or registered professional engineer that all improvements have been constructed in accordance with the
requirements of the approved plans and specifications.
(e7) The development agreement shall require the developer to provide a certification from a registered
land surveyor or engineer that the land included in the plat has been graded in conformance with the
approved grading plan prior to the issuance of building permits.
(d8)The development agreement shall require the developer to provide -a financial securities security to
ensure payment of fees related to the subdivision and completion of all improvements. The agreement shall
also require that the financial securities shall be submitted to the city prior to the commencement of the
work covered by the agreement.
(e9) A time schedule for completion of the work shall be determined by the city upon recommendation
of the city engineer after consultation with the developer and shall be reasonable in relation to the work to
be done, the seasons of the year, and proper coordination with construction activity in the subdivision.
(fl0) The development agreement shall include action remedies in the event of default, including:
H a) The city may complete the improvements by contract or force and obtain reimbursement
of its costs from the posted security deposit;
2,(b) The city reserves the right to withhold building permits for violation of any terms of the
development agreement.
(g11) The development agreement shall require, when a plat includes an area of 100 year flood, as
indicated on the flood insurance rate map of the Federal Emergency Management Agency (FEMA), an
DRAFT JANUARY 5, 2009
66
application for a letter of map amendment (LOMA) or letter of map revision (LOMR) shall be submitted to
FEMA, and a copy furnished to the city, prior to the issuance of any building permits in the platted area.
The development agreement may include financial security to ensure the preparation of the FEMA
application.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.146 CONSTRUCTION PLANS.
A minimum of 3 copies of the construction plans shall be furnished to the city for city engineer review
and approval. Additional copies may be required by the city. Construction plans for the required
improvements shall conform in all respects with all applicable ordinances and standards of the city.
Construction documents shall be prepared, at the expense of the developer, by a licensed professional who
is registered in the state, and the plans shall contain his or her certification. The plans, together with the
quantities of construction items, shall be submitted to the city engineer for his or her approval and for his or
her estimate of the total cost of the required improvements. Upon approval, they shall become a part of the
development agreement.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.147 MAINTENANCE OF IMPROVEMENTS.
The developer shall be required to maintain all improvements in the subdivision or on the individual
subdivided lots and provide for snow removal and maintenance of streets, if required, until acceptance of
the improvements by the City Council in coordination with the development agreement.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.148 FINANCIAL SECURITY.
The developer shall provide financial security in accordance with to- -the Lino Lakes public
improvement financing policy, as amended. A development agreement shall include a description of the
required securities.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.149 ENFORCEMENT.
(1) Violations. The violation of any provision of this chapter or the violation of the conditions or
provisions of any permit issued pursuant to this chapter shall be a misdemeanor, and upon conviction
thereof, the violator shall be subject to fine or imprisonment or both, as set forth in Minnesota Statutes,
plus, in either case, the cost of prosecution.
(2) Penalties. Unless otherwise provided, each act of violation and every day on which the violation
occurs or continues shall constitute a separate offense.
DRAFT JANUARY 5, 2009
•
•
•
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.150 APPLICATION TO CITY PERSONNEL.
The failure of any officer or employee of the city to perform any official duty imposed by this chapter
shall not subject the officer or employee to a penalty imposed for violation unless a penalty is specifically
provided for the failure.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.151 INJUNCTION.
In the event of a violation or the threatened violation of any provision of this chapter, or any provision
or condition of a permit issued pursuant to this chapter, the city, in addition to other remedies, may institute
appropriate actions or proceedings to prevent, restrain, correct, or abate the violation or threatened
violation.
(Ord. 04 -03, passed 2 -24 -2003)
§ 1001.152 SEVERABILITY AND SUPREMACY.
(1) Severability.
(a) Every section, provision, or part of this chapter or any permit issued pursuant to this chapter is
declared separable from every other section, provision, or part thereof to the extent that if any section,
provision, or part of this chapter or any permit issued pursuant to this chapter shall be held invalid by a
court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof.
(b) If any court of competent jurisdiction shall judge invalid the application of any provision of
this chapter to a particular property, building, or structure, the judgment shall not affect other properties,
buildings or structures.
(2) Supremacy.
(a) When any condition imposed by a provision of this chapter on the use of land or building or
on the bulk of buildings is either more restrictive or less restrictive than similar conditions imposed by any
provision of any other city ordinance or regulation, the more restrictive conditions shall prevail.
(b) This chapter is not intended to abrogate any easements, restrictions, or covenants relating to
the use of land within the city by private declaration or agreement, but where the provisions of this chapter
are more restrictive than any easement, restriction, or covenant, or the provision of any private agreement,
the provisions of this chapter shall prevail.
(Ord. 04 -03, passed 2 -24 -2003)
DRAFT JANUARY 5, 2009
•
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AGENDA ITEM 5.B.
STAFF ORIGINATOR: Paul Bengtson
P & Z MEETING DATE: January 14, 2009
TOPIC: PUBLIC HEARING: Zoning Ordinance Amendment
Amending the Definition of Private Kennel to allow
three dogs on any property without a kennel
license.
BACKGROUND
In response to concerned residents, the City Council adopted a new definition of
the term Private Kennel, which allows three dogs on any property instead of the
previous limit of two dogs. As this definition is repeated in the Zoning Ordinance
for the purposes of enforcing the need for Conditional Use Permits for
Commercial Kennels, the Planning and Zoning Board is now being asked to
consider an amendment to the Zoning Ordinance to match the definition of the
City Code as adopted by the City Council on January 12, 2009.
ANALYSIS
The definition of Private Kennel should reflect the following changes:
KENNEL, PRIVATE. Any structure or premises on which fi
be,�cweeen 3
{three) and 4 (four) dogs, over six months of age, are kept for private
enjoyment and not for monetary gain.
PROCESS
As this amendment to the zoning ordinance originates with staff, there is no
applicant. However, an amendment to the ordinance requires a public hearing to
allow for public comment. A notice of the public hearing was published in the
official newspaper as required. Following a recommendation by the P & Z Board,
staff will present the proposed amendment to the City Council. An ordinance
requires two readings (and votes) by the City Council. Upon adoption, it then is
published in the newspaper and becomes effective after thirty days have passed.
RECOMMENDATION
Staff is recommending approval of the zoning ordinance amendment.