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HomeMy Public PortalAbout251CITY OF MEDINA ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 720.17, 820.29, 826.15, 826.25, 826.51 AND 826.63 OF THE CODE OF ORDINANCES TO REQUIRE THAT ALL MINIMUM SOIL REQUIREMENTS FOR ON -SITE SEPTIC SYSTEMS BE MET WITH CONTIGUOUS SOILS THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS as follows: Section I. The following six sections of the Code of Ordinances are amended by adding the underlined material as follows: 1. (Individual Sewage Treatment and Disposal Systems Code). 720.17. Lot Size. A lot shall have an adequate area for all expected improvements in addition to an adequate area of contiguous soil suitable for the installation of the individual sewage treatment system in accordance with all requirements pertaining thereto. 2. (Subdivision Regulations). 820.29. maintained. Subdivision Design Standards. The following design standards shall be Subd. 1. General Requirements. The Planning Commission, in its review of the preliminary plat, will take into consideration the requirements of the community and the best use of the land being subdivided. The subdivision shall conform to the compre- hensive plan, zoning ordinance, and sewage disposal code. County, metropolitan, state, and special district plans shall also be considered. (a) The arrangement, character, extent, width, and location of all streets shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographic conditions, to runoff of stormwater, to public convenience and safety, and in relation to the proposed uses of the land to be served by such streets. Wherever possible, the arrangement of streets in new subdivisions shall provide for the continuation of existing streets in adjoining areas. Where adjoining unsubdivided areas may be subdivided, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations. Subd. 2. Streets. Streets shall conform to the following design: (a) Widths. Streets shall conform to the following minimum dimensions: Street Type Right -of -Way Width Roadway Width Major Arterial 250 feet Minor Arterial 150 feet Collectors 70 feet 40 feet Local 60 feet 24 feet Local Rural Service Area 60 feet 24 feet Marginal Access Roads 60 feet 24 feet Cul-de-sac Streets 60 feet 24 feet Cul-de-sac Turnaround Diameter 125 feet 50 feet Commercial/Industrial Local 60 feet 36 feet (b) Street Intersections. Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two streets be less than 80 degrees, with 90 degree intersections preferred. Intersections having more than four corners shall be prohibited. Adequate land for future intersection and interchange construction needs shall be dedicated. (c) Tangents. A tangent of at least three hundred (300) feet shall be introduced between reverse curves on arterial and collector streets. (d) Deflections. When connecting street lines deflect from each other at one point by more than ten (10) degrees they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than five hundred (500) feet for arterials, three hundred (300) feet for collectors, one hundred (100) feet for all other streets. The planning commission may allow greater or lesser sight distances at the recommendation of the engineer. (e) Street Jogs. Street jogs with centerline offsets of less than 150 feet shall be avoided for local streets. (f) Local Streets. Minor streets shall be laid out so that their use by through traffic is discouraged. (g) Cul-de-sac. The maximum length of a street terminating in a cul-de- sac shall be 750 feet, measured from the centerline of the street of origin to the end of the right-of-way, or a maximum of 20 lots, whichever is shorter. Lot lines abutting cul- de-sacs shall be radial. (h) Centerline Gradients. All centerline gradients shall be at least 0.5 percent and shall not exceed the following: arterials and collector streets - 5 percent, minor streets and marginal access streets - 8 percent. (i) Access to Arterial Streets. In the case where a proposed subdivision is adjacent to a limited access highway (arterial), there shall be no direct vehicular or pedestrian access from individual lots to such highways. As a general requirement, access 2 arterials shall be at intervals of not less than 1/4 mile and through existing and established crossroads where possible. (j) Subdividing Small Tracts. In the subdividing of small tracts of land fronting on arterial streets where there is no convenient access to existing entrances and where access from such subdivision would be closer than 1/4 mile from an existing access point, a temporary entrance permit may be granted. Provision shall be made in such subdivisions for the connection of roads to neighboring land. As the major land is sub- divided and developed, the access becomes possible at a preferred location, such temporary entrance permits shall be discontinued. (k) Half Streets. Half streets shall be prohibited. (1) Hardship to Owners of Adjoining Property. The street arrangement shall not cause hardship to owners of adjoining property in subdividing their own land and providing convenient access to it. Subd. 3. Blocks. The length, width and area of blocks shall be sufficient to provide for convenient access, circulation, control and safety of street design. Blocks may be longer than 1300 feet or shorter than 300 feet only if the City Council agrees that exceptions are warranted. Pedestrian ways may be required on blocks longer than 900 feet or in other areas to provide access to schools, parks and other destinations. Pedes- trian ways shall be at least ten feet wide and shall be located so as to minimize intersections with streets. Subd. 4. Lot Size. The lot dimensions shall be such as to comply with the minimum standards specified in the zoning and on -site sewage disposal ordinances relating to minimum buildable lot area requirements. A11 lots must contain buildable area equal to the minimum lot area requirements of the applicable Zoning District excluding flood hazards, wetlands, excessive high water table, and steep slope. Rural service area lots shall contain buildable lot areas equal to the minimum lot area requirements of the zoning district suitable for the functioning of an onsite sewage disposal system defined as either: (a) A lot area with sufficient contiguous soils having properties identified and mapped in the Hennepin County Soil Survey as suitable for an on -site sewage disposal system as defined in Sections XI and XVI of the Medina Individual Sewage Disposal and Treatment System Ordinance, or (b) Upon site investigation and soil analysis as provided in the Medina Sewer Code, it is determined that suitable land area of contiguous soils exists wherein site conditions meet the minimum standards for the installation of a sewer system as defined in the Medina Sewer Code. (c) Side Lot Lines. Side lines of lots shall be substantially at right angles to straight street lines or radial to curved street lines. locations. (d) Lots. Shall be graded so as to provide drainage away from building 3 (e) Natural Features. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, wetlands, steep slopes, water courses, historic spots, or similar conditions, and plans adjusted to preserve those which will add attractiveness, safety and stability to the proposed development. (f) Lot Remnants. All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots rather than allowed to remain as unusable parcels. (g) Double Frontage Lots. Double frontage (lots with frontage on two parallel streets) or reverse frontage shall not be permitted except: (i) Where lots back on an arterial street in which case vehicular and pedestrian access between the lots and arterial street shall be prohibited. Such double -frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. (ii) Where topographic or other conditions render subdividing otherwise unreasonable. Such double -frontage lots shall have an additional depth of at least 20 feet in order to allow space for screen planting along the back lot line. (h) Location. All lots shall abut their full frontage on a street. 3. (Agricultural Preservation District). 826.15. Lot Area, Height, Lot Width, and Yard Requirements. Subdivision 1. No building hereafter erected shall exceed two and one half (2-1/2) stories or thirty (30) feet in height, except farm buildings. Subd. 2. The following minimum lot sizes, width, depth and yard sizes shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. (a) Two (2) acres where the lot area contains at least 2 acres of contiguous soils suitable for a conventional sewage disposal system installation as defined in the Medina Sewer Code. (b) Five (5) acres where the lot area contains at least 5 acres of contiguous soils suitable for an innovative sewage disposal system installation, as defined in the Medina Sewer Code. (c) Five (5) acres where the lot area contains a minimum of one half (1/2) acre of contiguous soils suitable for a conventional sewage disposal system installation, as defined in the Medina Sewer Code, provided that the remaining four and one-half acres may not be prohibitive soils, except that steep slopes are permitted. 4 (d) Lot Width - 110 feet. (e) Lot Depth - 200 feet. (f) Front Yard Depth - 50 feet. (g) Side Yard Width - 20 feet. (h) Rear Yard Depth - 40 feet. Subd. 3. Accessory animal barns shall not be erected within 150 feet of all lot lines. Subd. 4. Feed lots, runs, pens, and similar intensively used facilities for animal raising and care shall not be located within 300 feet of all property lines. 4. (Rural Residential District). 826.25. Lot Area, Height, Lot Width, and Setback Requirements. Subdivision 1. No building hereafter erected shall exceed two and one half (2 1/2) stories or thirty (30) feet in height, except farm buildings and except as regulated by Subdivision 5 of this section. Subd. 2. The following minimum lot sizes, width, depth and setback requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. (a) Two (2) acres where the lot area contains at least 2 acres of contiguous soils suitable for a conventional sewage disposal system installation as defined in the Medina Sewer Code. (b) Five (5) acres where the lot area contains at least 5 acres of contiguous soils suitable for an innovative sewage disposal system installation, as defined in the Medina Sewer Code. (c) Five (5) acres where the lot area contains a minimum of one-half (1/2) acre of contiguous soils suitable for a conventional sewage disposal system installation, as defined in the Medina Sewer Code, provided that the remaining four and one-half acres may not be prohibitive soils, except that steep slopes are permitted. (d) Lot Width - 110 feet. (e) Lot Depth - 200 feet. (f) Front Yard Setbacks - 50 feet. (g) Side Yard Setbacks - 20 feet. (h) Rear Yard Setbacks - 40 feet. 5 Subd. 3. Animal barns shall not be erected within 150 feet of any lot line. Subd. 4. Feed lots, runs, pens, and similar intensively used facilities for animal raising and care shall not be located within 300 feet of any property line. Subd. 5. The height of single family detached residences may exceed 30 feet but may not exceed 40 feet or two and one-half (2 1/2) stories, if the following standards are met: (a) Accurate building plans and elevation drawings shall be submitted to the City; (b) The residence shall be constructed on a platted lot at least three and one-half (3 1/2) acres in size; (c) The residence shall be constructed with setbacks at least twice as great as those specified in Subd. 2(f,g,h) of this section; (d) Those portions of the residence greater than 30 feet in height shall be uninhabited and not planned for storage; (e) The ceiling of the uppermost floor of the residence shall be constructed with materials having at least a one hour fire rating, including necessary fire stops and a minimum of ceiling penetrations; (f) Smoke detectors shall be installed in all bedrooms and hallways above the first floor; (g) Landscaping or change in topography shall be sufficient to mitigate the visual impact of the residence on adjacent properties; (h) The height from the lowest ground level (and 8 feet out) to the eave shall be no greater than 30 feet; (i) There shall be a two (2) story height limitation at the driveway or point of access to the residence; and (j) The minimum square footage per floor shall be 900 feet. 5. (Rural Commercial District). 826.51. Lot Area, Height, Lot Width, and Yard Requirements. Subdivision 1. No building hereafter erected shall exceed two and one-half (2-1/2) stories or thirty (30) feet in height, except farm buildings. Subd. 2. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. There shall be a minimum lot size established by the City Council for each use, but not less than: 6 (a) Two (2) acres where the lot area contains at least two (2) acres of contiguous soils suitable for a conventional sewage disposal system installation as defined in the Medina Sewer Code. (b) Five (5) acres where the lot area contains at least five (5) acres of contiguous soils suitable for an innovative sewage disposal system installation, as defined in the Medina Sewer Code. (c) Five (5) acres where the lot area contains a minimum of one-half (1/2) acre of contiguous soils suitable for a conventional sewage disposal system installation, as defined in the Medina Sewer Code, provided that the remaining four and one-half acres may not be prohibitive soils, except that steep slopes are permitted. (d) Minimum Lot Width - 110 feet. (e) Minimum Lot Depth - 200 feet. (f) Minimum Front Yard - 50 feet. (g) Minimum Side Yard - 20 feet. (h) Minimum Rear Yard - 40 feet. Subd. 3. Minimum setback from a side or rear of a residential area: 75 feet. Subd. 4. Design shall include adequate internal streets not less than 22 feet wide exclusive of required parking. Subd. 5. Curb cuts shall not exceed 24 feet in width. Subd. 6. The entire area shall be landscaped, occupied by building or parking areas so treated as to control dust. Should the development be undertaken in stages, all of the area required to conform to that portion undertaken shall be developed to meet the preceding requirements. Subd. 7. A drainage plan shall be designed and approved for the area with such on -site construction as determined necessary by the City Engineer to adequately handle all drainage. 6. (Rural Industrial District). 826.63. Lot Area, Height, Lot Width, an Yard Requirements. Subdivision 1. No building hereafter erected shall exceed two and one-half (2 1/2) stories or thirty (30) feet in height, except farm buildings. Subd. 2. The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications set forth in other sections of this Ordinance. There shall be a minimum lot size of: 7 (a) Two (2) acres where the lot area contains at least two (2) acres of contiguous soils suitable for a conventional sewage disposal system installation as defined in the Medina Sewer Code. (b) Five (5) acres where the lot area contains at least five (5) acres of contiguous soils suitable for an innovative sewage disposal system installation, as defined in the Medina Sewer Code. (c) Five (5) acres where the lot area contains a minimum of one-half (1/2) acre of contiguous soils suitable for a conventional sewage disposal system installation, as defined in the Medina Sewer Code, provided that the remaining four and one-half acres may not be prohibitive soils, except that steep slopes are permitted. (i) Minimum Lot Width - 110 feet. (ii) Minimum Lot Depth - 200 feet. (iii) Front Yard - 50 feet. (iv) Side Yard - 20 feet; 0 feet when abutting railroad. (v) Minimum Rear Yard - 40 feet. Subd. 3. Minimum Setback from a side or rear to a residential area: 75 feet. Subd. 4. Design shall include adequate internal streets not less than 22 feet wide exclusive of required parking. Subd. 5. Curb cuts shall not exceed 24 feet in width. Subd. 6. The entire area shall be landscaped, occupied by building or parking areas constructed of asphalt or concrete surface. Should the development be undertaken in stages, all of the area required to conform to that portion undertaken shall be developed to meet the preceding requirements. Subd. 7. A drainage plan shall be designed and approved for the area with such on -site construction as determined necessary by the City Engineer to adequately handle all drainage. Section II. This Ordinance shall become effective upon its adoption and publication. `, " Adopted by the City Council of the City of Medina this - day of ram!'t/ , 1991. . Acr. mite, Mayor ATTEST: Donna Roehl, Clerk -Treasurer 7 Published in the Crow River News this < day of 8 ME230-001(II) () , 1991. " Member  1. /I introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. P/ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 251 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Medina has adopted Ordinance No. 251, requiring that all minimum soil requirements for on -site septic systems be met with contiguous soils; and WHEREAS, Minnesota Statutes Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that the city clerk -treasurer shall cause the following summary of Ordinance No. 251 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Medina has adopted Ordinance No. 251 requiring that all minimum soil requirements for on -site septic systems be met with contiguous soils. The effect of the ordinance is to mandate that the 2- and 5- acre minimum soil requirements be met by the presence of an area of contiguous soils of the minimum size rather than by aggregating areas of acceptable soils over the entire property. The ordinance amends portions of Sections 720.17, 820.29, 826.15, 826.25, 826.51 and 826.63 of the Medina Code of Ordinances. The full text of Ordinance No. 251 is available at the Medina city hall during regular business hours. Is/ 0-:,ram LtQ�� Donna Roehl, City Clerk -Treasurer BE IT FURTHER RESOLVED by the City Council of the City of Medina that the city clerk -treasurer keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the City. / DATED: e 0 h lc�y"lih /e / Gary M. Acromite, 1Vlayor ATTEST: Donna Roehl, City Clerk -Treasurer The foregoing motion was duly seconded by member 2/e74/6 ; and upon a vote being taken thereon, the following voted in favor thereof: I and the following voted against the same: /L d/Z4.: Whereupon the amendment was declared adopted. ME230-005(II) 2 Affidavit of Publication NOTICE: i MEDINA Public Notice The City Council of the City of Medina has adopted Ordinance -No. 251 requiring that all minimum soil requirements for on - site septic sy'stem&bamet.with contigu- ous,soils,.Tho effect,of,ltle ordinance is to mandate that the 2- and, 5- acre minimum soil requirements be met by the presence of an area of contiguous soils of the mini- mum size rather than by aggregating areas of acceptable soils over the entire property. The ordinance amends portions of Sections 720.17, ,'1820.29 826.15, 826.25, 826.51 and 826.63 of the Medina Code of Ordinances. The full text or Ordi- nance No. 251 is available at the Medina city hall during regular business hours. Donna Roehl, City Clerk -Treasurer Published in the Crow River News fti%nday, April 1, 1991. CR1091 State of Minnesota County of Wright County of Hennepin as Don R. Larson, being duly sworn, on oath says that he is the publisher or authorized agent and em- ployee of the publisher of the newspaper known as The South Crow River News and has full knowl- edge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331.02, 331.06, and other applicable laws, as amended. (B) The printed Medina - Public Hearing Ordinance No. 251 which is attached was cut from the columns of said newspaper, and was printed and published ' once each week for 1 successive weeks; it was first published on Monday the I. day of April 19 91 , and was thereafter printed and published on every Monday to and including , the day of 19 — . and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: Subscribed and sworn to before me on this 8 day of 19%. Notary Public abcdefg hijklmnopgrstuvwxyz Don R. Larson Title: Publisher CAROLE !..ARSON stwA NOTARY PUBLIC — . F-ENNEN:1 t nor. t.1y Commit: ' won [.. ;:r- � .,,. J 13 �Jx