HomeMy Public PortalAbout393CITY OF MEDINA
ORDINANCE NO.393
An Ordinance Amending Sections from the Subdivision Regulations Section 820 and
District Provisions Section 826 related to suitable soils
The city council of the city of Medina ordains as follows:
SECTION I. The Medina code of ordinances is amended by deleting the ftricken
material and adding the underlined material as follows:
820.05. Application for Exception.
Subd. 2. Soils. Location of test holes, hydrological data, and soils information including,
the 1974 Hennepin County Soils Survey overlay designation of the types of soils and the
amounts of each soil type for each lot, and any other information as recommended by the
City Engineer, from which it can be determined that the proposed uses of the subject
property area are feasible. In areas that are designated by the city as "rural," soils
calculations must be submitted for each parcel, including the existing parcel, and must
designate each type of soil.
820.17. Definitions.
Subd. 41. Soils Map Overlay, Preliminary Plat. The reproduction of soil series
information designating the types of soils, the boundaries and amount of each type for
each lot drawn to the scale of the preliminary plat as delineated in the Hennepin County
Soil Survey, 1974.
820.21. Preliminary Plat Procedure.
Subdivision 1. After the pre -application meeting, the subdivider shall submit to the
Zoning Administrator office seven (7 ) full size, twelve 30 reduced (4-2 30) and one (1)
electronic copies of a preliminary plat of the proposed subdivision, the requirements of
which are as set forth in this Chapter. Said preliminary plat shall be submitted not less
than twee four (4 A) weeks prior to the next scheduled Planning Commission meeting for
which a public hearing may be set.
Subd. 6. The Planning Commission shall study the Preliminary Plat, taking into
consideration the requirements of the City. Particular attention shall be given to the
arrangement, location, and width of streets, their relation to the topography of the land,
water supply, sewage disposal, drainage, lot sizes3 end arrangement and soils details with
respect to rural areas, the future development of adjoining lands, the requirements of the
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September 20, 2005
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Comprehensive Plan, and the Zoning Ordinance.
Subd. 7. At the public hearing, all persons present interested in the proposed plat shall be
heard and the Planning Commission shall, within thirty (30) days of the closing of the
hearing; approve, modify and approve, or disapprove the Preliminary Plat, and submit to
the City Council, the subdivider, and Administrator, their findings and recommendations.
The City Council shall act upon the Preliminary Plat and send written notification of their
action to the Planning Commission, Administrator, and subdivider. Failure of the
governing body to act within one hundred and twenty sixty (b912�() days following
delivery of an application, deemed to be complete pursuant to the requirements of the
City ordinances for a preliminary plat., is deemed
automatically approved&l-ef-the-plat. The grounds for any refusal to approve a plat shall
be set forth in the Council minutes and reported to the subdivider in writing. Should the
subdivider desire to amend the Preliminary Plat as approved by the Council, the amended
plot shall be submitted following the original procedures set forth, except for the public
hearing and fees unless the Planning Commission considers the scope of the revisions to
constitute a new plat, in which event, the hearing and fees shall be required.
820.23. Final Plat Procedure.
Subdivision 1. The owners or subdividers shall submit to the Zoning Administrator office
seven (7) full size, t=welve 30 reduced (4-2 30) and one (1) electronic copies of the final
plat with the Zoning Administrator. If this is not done within one hundred eighty (180)
days, the preliminary plat will be considered void unless for good cause an extension is
requested in writing by the subdivider and granted by the City Council. The owners or
subdividers shall also submit at this time an up-to-date certified abstract of title or
registered property report for City Attorney review.
820.25. Data for Preliminary Plat.
Subd. 2 Existing Conditions.
(h) Soil series map overlay designating type and boundary of soil series from the
Hennepin County Soil Survey, 1974. The types, boundaries and the amount of suitable
soils for each lot on the plat set forth by a soil series map that references designations
made by the Hennepin County Soil Survey, 1974. In rural areas, suitable soils must be
calculated for each parcel, including the existing parcel and for each type of soil.
(i) Wetland data shall be required and must consist of a wetland delineation report which
identifies all wetlands, ponds, lakes, waterways, floodplains and shorelines. The owners
or subdividers shall submit to the Zoning Administrator office three (3) copies of the full
wetland delineation report for consideration with the preliminary plat. Any area located
in the areas set forth by this provision shall not be considered in the calculation for
contiguous suitable soils in rural areas.
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September 20, 2005
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(j) Floodplain information shall be provided to the Zoning Administrator for
consideration with the preliminary plat and delineated on the preliminary plat for review.
The preliminary plat shall follow the regulations in section 826.86 subdivisions 1-3 with
regard to floodplain management. All areas in the floodplain shall be established and
those areas may not be included in the calculation for contiguous suitable soils in rural
areas.
(k) The primary and secondary septic sites shall be designated for rural areas and
percolation tests shall be provided for both sites. The sites must be within the areas
shown as having contiguous suitable soils. Two (2) copies of the percolation tests must
be submitted to the Zoning Administrator for consideration with the preliminary plat for
review and approval. The Zoning Administrator has the authority to accept or deny the
results of the percolation tests and/or the septic locations on any lot. The septic system
design and construction must follow section 720 Individual Sewage Treatment Standards.
(1) Soils types information shall be provided by the owner or subdivider to the Zoning
Administrator for consideration with the preliminary plat. This information shall consist
of two (2) copies of the soil boring logs and the soils designations for the areas within the
plat as set forth by the 1974 Hennepin County Soils Survey. In the event that the owner
or subdivider is of the opinion that the soils types designated by the 1974 Hennepin
County Soils Survey are inaccurate by type or location, he or she shall include
information with respect to the inaccuracies in the submittal. The Zoning Administrator
has the authority to accept or deny the results of the soil borings. Based on the
information submitted and any other relevant information, the Zoning Administrator shall
calculate the final acreage amount of contiguous suitable soils for each lot.
820.29. Subdivision Design Standards.
Subd. 4. Lots.
(a) Size and Dimension. Lot size and dimensions must be adequate to comply with the
minimum standards specified in the zoning ordinances relating to minimum buildable lot
area requirements and sufficient to accommodate sewage disposal requirements. All lots
must contain buildable area at least equal to the minimum lot area requirements of the
applicable zoning district excluding flood plains, wetlands, areas of excessive high water
table, and steep slopes and areas within the lot that the City or other governmental entity
has declared for right-of-way purposes. Rural service area lots must be adequate to
comply with the minimum lot area requirements for contiguous soils as defined in the
eityLs-itidiixidual-Sewage-Treatteent-and-Dispesel-Systems-erdinetkeethis ordinance, and
specifically in section 820.29 subd. 4(a) and subd. 5. Minimum lot area standards in rural
residential areas includes a requirement that the lot contains a primary and a secondary
site for a standard on -site sewage disposal system.
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September 20, 2005
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Subd. 5. Medina Suitable and Non -Suitable Soils List
The following soils types and corresponding slopes shall be considered by the City in
calculating the final acreage amount of continuous suitable soils for each lot.
SoiIsNOTAcceptable SoilsACGEPTABLE
for Septic Systems for Septic Systems
Soil Type Sope Soil Type 9ope
Bo A n B 2%6%
Ca BtB 213/0-6%
C u BtC 2%-6%
DUMP Co
DIC 6%12% DIA
En 12%18% D I B 2%6%
En 18%-24% DnA 0%2%
ErD2 12%18% DnB 2%6%
EsF 24%35% Ds
Fd Du
Gc En 2%6%
Ha En 6%12%
Hb D 12%-18% ErB2 2%6%
18%-24% ErC2 6°10-12%
HeD2 12%-18% EA 0%2%
He E2 18%24% Hb B 2%6%
Hd F 24%35% Hb C 6%-12%
He D 12%-18% He B2 2%6%
He E 18%24% He C2 6%12%
HID 12%18% He 2%6%
KkD 12%18% He 6%12%
KkE 18%-24% HIB 2%6%
KID2 12%18% HIC 6%-12%
Lc KkB 2%6%
Ld KkC 6%12%
LrD 12%-18% K1C2 6%12%
LrE 18%24% Lm B 2%6%
LsD2 12%-18% LrB 2%6%
Ma LrC 6%-12%
r‘l . LsB2 2%6%
Pa LsC2 6%12%
Pm LtB 1 %4%
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September 20, 2005
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ti M u
W N e B 1 %4%
(water)
820.49. Improvements Required.
Subd. 7. Sewage Disposal. Within urban areas, sanitary sewer mains and service
connections shall be installed to serve all the lots in the subdivision and shall be
connected to the public sanitary sewer system. In rural areas being subdivided, location
for two individual standard on -site sewage disposal facilities shall be provided for each
lot. Each such system shall be properly located with reference to the wells on the same
and adjoining lots, and the sewage disposal facilities on adjacent lots. Each system area
shall comply with section 720 Individual Sewage Treatment Standards, be located within
an area of suitable soils that complies with city ordinances, and be protected during
construction. E,,e let st ,. ntai ., o f--ee,+;,.,, us soils l.fge o gl t eft .,
a; ste sia hot ite st he to tea d stf t
826.25 (Rural Residential) Lot Area, Height, Lot Width, and Setback Requirements.
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. For purposes of calculating the amount of contiguous
suitable soils available on a lot, only acceptable soils from the Medina Soils List in
section 820.29 subd. 5 shall be considered suitable. The amount of contiguous suitable
soils shall not include the areas outlined in section 820.29, subd 4(a). leeatea e s i3e
of less than 6 perccnt and not covered by hard surfaces may be included.
(a) Lot Size. The lots must contain at least five (5) acres of contiguous
soils suitable for a standard sewage disposal system as defined in the
,, roam f}€1iN; lea cow ege --r-e twte t .,.,a I4isp s ,fdifanee section 720
Individual Sewage Treatment Systems and in section 826.25 subd. 2. The
lot must contain a primary and secondary site for an on -site sewage
disposal system and both sites must be protected during construction.
Subd. 3. Notwithstanding anything herein to the contrary, a lot shall meet minimum lot
size if all the following conditions are met:
(b) Lot contains at least two (2). acres of contiguous soils of one or more of the types
listed in section 720.17 826.25 subd. 4(a) and subd. 5 of the Medina code of ordinances;
and
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September 20, 2005
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826.25.1. Rural Residential Urban Reserve (RR-UR) Purpose.
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. For purposes of calculating the amount of contiguous
suitable soils available on a lot, only acceptable soils from the Medina Soils List in
section 820.29 subd. 5 shall be considered suitable. The amount of contiguous suitable
soils shall not include the areas outlined in section 820.29 subd 4(a). located on slopes of
less than 6 percent and not covered by hard surfaces may be included.
(a) Lot Size - 40 acres with at least five acres of contiguous soils suitable
for a standard individual sewage disposal system as regulated by
section 720 Individual Sewage Treatment Systems et seq. of the code
of ordinances. The lot must contain a primary and secondary site for
an on -site sewage disposal system and both sites must be protected
during construction.
Subd. 3. Notwithstanding anything herein to the contrary, lots of less than 40 acres may
be established in compliance with one of the following:
(a) all lots must meet all requirements of section 826.25, subd. 2 and
section 820.29 subd. 4(a) and subd. 5 of this ordinance and an overlay or
ost plat must be submitted at the time of application for subdivision
approval which demonstrates the feasibility of subdividing the lot in the
future at a density of no less than three dwelling units per buildable acre.
For purposes of this subdivision, buildable acres includes the gross area of
the lot minus open water, wetlands, rights -of -way and drainage and utility
easements; or
826.26.1 Rural Residential — 2 (RR-2).
Subd. 2. In addition to the requirements of Section 826.39 or Sections 827.27 et seq., no
commercial riding stable may be established in the RR-2 district except in compliance
with the following:
(e) there must be identified and acceptable primary and alternate septic
sites on the property which are sized for the maximum anticipated usage
of a commercial stable based on the stable capacity of horses, and which
follows section 720 Individual Sewage Treatment Systems;
827.01. Shoreland Overlay District - Purpose and Authorization.
827.06. Lot Standards.
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September 20, 2005
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e) No structure, ' , road, driveway or other
improvement may be constructed on a steep slope prior to evaluation by the zoning
administrator of such improvement with respect to soil erosion and visibility from public
waters. Individual sewage treatment systems must conform with section 720 and be
placed in an area with suitable soils as defined in section 820.29 subd. 4(a) and subd. 5.
The zoning administrator may require mitigative measures to prevent soil erosion or to
preserve existing vegetative screening.
Section 835.05. Lot, Setbacks, Building Size Requirements and Sanitary Sewer Usage
Rate.
Subd. 2 Minimum Lot Area: 5 acres of contiguous soils suitable for a standard individual
on -site sewage disposal system as defined in section 820.29 subd 4(a) and subd. 5. and in
compliance with section 720 Individual Sewage Treatment Systems.
826.51 (Rural Commercial) Lot Area, Height, Lot Width, and Yard Requirements.
Subd. 2. The following minimum requirements shall be observed, subject to additional
requirements, exceptions, and modifications set forth in other sections of this ordinance:
(a) The lot must contain a minimum of 5 acres of contiguous soils suitable
for a standard or on -site sewage disposal system or a combination of
such contiguous soils totaling a minimum of 5 acres, as such soils are
defined in
ordinance section 820.29 subd 4(a) and subd 5 and septic system
regulations are defined in section 720 Individual Sewage Treatment
Standards.
826.74 Floodplain Management Ordinance.
826.86. Subdivisions.
Subd. 1. Review Criteria. No land shall be subdivided which is unsuitable for the reason
of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots
within the flood plain districts shall be able to contain a building site outside of the
Floodway District at or above the regulatory flood protection elevation. All subdivisions
shall have water and sewage treatment facilities that comply with the provisions of this
ordinance and with section 720 Individual Sewage Treatment Standards, and have road
access both to the subdivision and to the individual building sites no lower than two feet
below the regulatory flood protection elevation. For all subdivisions in the flood plain,
the Floodway and Flood Fringe District boundaries, the regulatory flood protection
elevation and the required elevation of all access roads shall be clearly labeled on all
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September 20, 2005
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required subdivision drawings and platting documents. For rural areas, all areas
delineated on a survey or plat as being in the floodplain shall not be considered in the
contiguous suitable soils calculation, as defined in section 820.29 subd. 4(a).
SECTION II. This ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the City of Medina this 20th day of September,
2005.
f
ruce D. Workman, Mayor
ATTEST:
z./(leet
Chad M. Adams, Administrator -Clerk
Published in the South Crow River News this 3rd day of October.
Ordinance No. 393
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