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HomeMy Public PortalAbout543 Ordinance Amending the City Subdivision Ordinance Amending Chapter 8 of the City CodeCITY OF MEDINA ORDINANCE NO.543 AN ORDINANCE AMENDING THE CITY SUBDIVISION ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. Section 820.17, Subd. 23 of the code of ordinances of the city of Medina is amended by adding the underlined language and deleting the stricken language as follows: Section 820.17. Definitions. For the purpose of these regulations, certain tenns and words are hereby defined as follows: Subd. 23. Lot. A parcel of land separated from other parcels by legal description and meeting the physical standards of this ordinance. (a) Lot Area. The horizontal plane bounded by the Lot Lines. (b) Lot Corner. A lot bounded by the intersecting boundaries of two or more streets. (c) Lot Depth. The average horizontal distance between the Front Lot Line and the Rear Lot Line. (d) Lot Line. A line defining the horizontal plane of a Lot. (e) Lot Line, Front. The line connecting the Side Lot Line of a Lot measured along the boundary of the Right -of -Way designated by the City Council to serve the Lot. (f) Lot Line, Rear. That Lot Line which is opposite the Front Lot Line. If the Rear Lot Line is less than ten (10) feet in length, or if the Lot forms a point at the rear, the Rear Lot Line shall be a line ten (10) feet in length within the Lot parallel to and at the maximum distance from the Front Lot Line. (g) Lot Line, Side. Any Lot Line which is not a Front Lot Line or a Rear Lot Line. (h) Lot Width. Lot width shall be measured as follows: (1) For lots located entirely on the turn -around portion of a cul-de-sac or for pie -shaped lots, lot width is the maximum horizontal distance between the side lot lines measured at any point in the lot. (2) For flag lots or lots not having frontage on a public or private right-of-way, lot width is the maximum horizontal distance between the side lot lines measured at the point equal in distance to the front yard setback from the first lot line generally parallel to the front lot line or to the right-of-way. (3) For all other lots, lot width is the maximum horizontal distance between the side lot lines measured at the front building setback line. Ordinance No. 543 1 December 18, 2012 50 300 366 IQ (i) Out-Ilot. A parcel of land in a platted subdivision, which is not part of a block and is identified by a capital letter separated from the other parcels by a legal description until such physical standards are met. which often contains common elements serving more than one property, such as stormwater ponds or private roads, and which are not buildable until replatted into platted lot(s) which can be shown to meet all development standards. SECTION II. Section 820.17, Subd. 42 of the code of ordinances of the city of Medina is amended by adding the underlined language and deleting the stricken language as follows: Section 820.17. Definitions. For the purpose of these regulations, certain terms and words are hereby defined as follows: Subd. 42. Street and Alleys. (a) Street. A right-of-way improved for vehicular and pedestrian traffic and accepted by the City Council for maintenance and public travel. (b) Collector Street. A street which carries traffic from local streets to arterials. (c) Cul-de-sac Street. A minor street with only one outlet and having a terminus with a right-of-way diameter of 125 feet. (d) Service Street. A minor street, which is parallel and adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic. (e) Local Street. A street of limited continuity used primarily for access to the abutting properties and the local need of a neighborhood. (f) Alley. A minor street which is used primarily for secondary vehicular service access to the back or the side of properties abutting on a street. (g) Arterial Street. A street or highway with access restrictions designed to carry large volumes of traffic between various sectors of the City and beyond. (h) Private Street. A street which is privately owned and maintained rather than being owned and maintained by the City. Ordinance No. 543 2 December 18, 2012 SECTION III. Section 820.21, Subd. 10 of the code of ordinances of the city of Medina is amended by adding the underlined language and deleting the stricken language as follows: Section 820.21. Preliminary Plat Procedure. Subd. 10. In the case of all subdivisions, the City Council shall deny approval of a preliminary or final plat based-enif one or a combination of the following findings are made: (a) That the proposed subdivision is in conflict with the general and specific plans of the city, or that the proposed subdivision is premature, as defined in Section 820.28. (b) That the physical characteristics of this site, including but not limited to topography, vegetation, soils, susceptibility to flooding, water storage, drainage and retention, are such that the site is not suitable for the type of development or use contemplated. (c) That the site is not physically suitable for the proposed density of development or does not meet minimum lot size standards. (d) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage. (e) That the design of the subdivision or the type of improvements are likely to cause serious public health problems. (f) That the design of the subdivision or the type of improvements will conflict with public or private streets, easements or right-of-way. SECTION IV. New Code Section 820.28 is added as follows: Section 820.28. Premature Subdivisions Prohibited. Subd. 1. Adequate Streets to Provide Access to the Subdivision Required. No subdivision shall be approved unless the area to be subdivided has adequate access as described below: (a) New streets constructed to provide access to the area to be subdivided shall be constructed consistent with the standards of Subd. 820.29 Subd. 2 and the engineering standards of the City. (b) If an existing street provides access to the area to be subdivided, such street shall, at a minimum, have a traveled surface of at least 20 feet in width and be otherwise of sufficient surface and stability to allow for adequate access of emer eg ncy vehicles, or shall be improved to meet such standards. (c) Additionally, all streets providing access to the area to be subdivided shall be suitably improved as required by the city, county, or state. Streets providing_access to a subdivision resulting in a net increase of three or more lots shall at a minimum, meet the Ordinance No. 543 3 December 18, 2012 design standards of Subd. 820.29 Subd 2. and the engineering standards of the City. In the event the street is not suitable to accommodate the proposed additional traffic from the subdivision because of factors of width, grade, stability, vertical or horizontal alignment, site distance, shoulders, base, ri t-of-wa amount surface condition or other relevant factors, the subdivider shall be responsible for improving the street at its expense or otherwise funding the required improvements as may be required by the City. Subd. 2. Adequate Water Supply Required. No subdivision shall be approved unless adequate sources of water supply are available to serve the proposed subdivision. In the event the subdivision is intended to be served by the municipal water supply system and the system is not extended to the area of the proposed subdivision or is not otherwise suitable to accommodate the proposed additional water use from the subdivision, the subdivider shall be responsible for extending the system at its expense or otherwise funding the required improvements as may be required by the City. Subd. 3. Adequate Wastewater Disposal System Required. No subdivision shall be approved unless provisions are in place to dispose of wastewater from the proposed subdivision. (a) In the event the subdivision is intended to be served by the municipal sanitary sewer system and the system is not extended to the area of the proposed subdivision or is not otherwise suitable to accommodate the proposed additional wastewater from the subdivision, the subdivider shall be responsible for extending the system at its expense or otherwise funding the required improvements as may be required by the City. (b) In the event the subdivision is intended to be served by on -site sewage treatment, the subdivider shall demonstrate that capacity exists for all lots in order to meet relevant codes of the City and other relevant jurisdictions related to sewage treatment. Subd. 4. Consistency with the Comprehensive Plan Required. No subdivision shall be approved unless it is consistent with the Comprehensive Plan, including the Future Land Use Plan, the Urban Services Phasing Plan, and other relevant factors. Subd. 5. No subdivision shall be approved unless the requirements of this section have been met to the satisfaction of the City. The City shall deem the subdivision to be premature if the subdivider does not agree to provide for the construction or funding of any improvements determined to be necessary by the City in order to meet these requirements. The construction or funding of the improvements shall meet any terms and conditions the City may require. The City Council shall deny any proposed subdivision deemed premature for development. The burden of proof shall be upon the subdivider to show that the proposed subdivision is not premature. Ordinance No. 543 4 December 18, 2012 SECTION V. Section 820.29, Subd. 2 of the code of ordinances of the city of Medina is amended by adding the underlined language and deleting the stricken language as follows: Section 820.29. Subdivision Design Standards. The following design standards shall be maintained. Subd. 2. Streets. Streets shall conform to the following design: (a) Widths. Streets shall conform to the following minimum dimensions unless a narrower or wider dimension is determined to be appropriate by the City Council in order to accommodate the expected traffic, parking, pedestrian ways, and utilities: Street Type Right -of -Way Width Roadway Width Major Arterial 250 feet Minor Arterial 150 feet Collectors 70 feet 40 feet Local 50-60 feet 24 feet Local Rural Service Area 60 feet 24 feet Private Townhome Streets 24-50 feet 20-28 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 28-36 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 Ordinance No. 543 5 December 18, 2012 discouraged, where appropriate. (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 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 subdivided 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. (m) Private Streets. Private Streets shall be located within an Outlot and shall be subject to a Drivate road agreement in a form and of substance acceptable to the City The Outlot shall be of the same width as the right-of-way which would be required if the Street were intended to be dedicated to the City. Private Streets shall be built to the standard required for Streets which are to be dedicated to the City. SECTION VI. Section 820.73 of the code of ordinances of the city of Medina is amended by adding the underlined language and deleting the stricken language as follows: Section 820.73 Building Permits. No building permits will be delivered issued for the con- struction of any building or structure eon any lot in a subdivision as defined herein which has been approved for platting -subdivision until all requirements of this Ordinance have been fully complied Ordinance No. 543 6 December 18, 2012 with. No building permit will be issued for parcels created through a statutory exception to the City subdivision requirement unless the applicant demonstrates, to the satisfaction of the City, that the property meets all minimum development standards of the City. SECTION VII. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this 18th day of December, 2012. T.M. Crosby, Jr., Mayor Attest: Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News on the 27th day of December, 2012. Ordinance No. 543 7 December 18, 2012