HomeMy Public PortalAbout552 Ordinance Regarding Driveway Requirements, Lot Frontage and Flag Lots, Minimum Street Grades and the Use of Public Rights-of-Way and Easements; Amending Chapters 4 and 8 of the City CodeCITY OF MEDINA
ORDINANCE NO.552
AN ORDINANCE REGARDING DRIVEWAY REQUIREMENTS, LOT FRONTAGE
AND FLAG LOTS, MINIMUM STREET GRADES AND THE USE OF PUBLIC
RIGHTS -OF -WAY AND EASEMENTS;
AMENDING CHAPTERS 4 AND 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 400.11 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 400.11. Construction Requirements Generally. In addition to such rules, regulations
and specifications as may be required by the Superintendent Public Works Director for specific
projects, the following requirements shall be met with respect to all work performed under
permits issued pursuant to this ordinance:
(a) Required excavation for drainage shall be completed before placement of the culvert
or fill material for the driveway approach;
(b) The driveway approach shall be completed and graveled before any construction may
begin on the property;
(c) During the time of construction on the property, the driveway approach shall be the
only ingress or egress to the property;
(d) Driveways shall be located a minimum of 10 feet comply with the setback
requirements from the side property line which are required for the principal
structure, except as follows:
In no residential zoning district shall a setback greater than 10 feet be required:
(ii) In the Uptown Hamel district, driveways shall be located at least 2.5 feet from the
side property line, unless a shared driveway is utilized. Shared driveways shall
be encouraged when applicable, be located at the rear of the building utilizing a
rear access road and adjacent property owners shall enter into a reciprocal
easement and maintenance arrangement;
(iii) Reduction for side -load garages. Notwithstanding the above, the setback for a
driveway providing access to an attached side -loaded garage on residential
property may be reduced, but may be located no closer than a distance of five
feet from the side property line. Such reduction shall only be permitted if the
driveway does not extend into side yard drainage and utility easements and only
if the Public Works Director determines that the driveway will not negatively
impact drainage of the adjoining property.
(iv) Shared driveways. Driveways which provide access to more than one lot shall
not be subject to setback requirements from the common lot line between the
lots sharing such driveway so long as property owners enter into a reciprocal
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June 4, 2013
easement and maintenance agreement satisfactory to the City, which shall be
recorded against both properties.
(e) Except as otherwise provided, no driveway may be located closer than 100 feet from a
corner. In the urban residential, urban commercial and urban industrial districts, no
driveway may be located closer than 50 feet from a corner or shall be located as far
from a corner as is reasonably practicable. In the Uptown Hamel district, driveways
shall be located as far from a corner as is reasonably practicable;
(f) If a parcel of land has frontage on both a cul-de-sac and a lead-in portion of a right -of
way, the driveway shall be constructed off of the lead-in portion of the right-of-way
and not the cul-de-sac;
(g) Only one curb cut shall be allowed per parcel of land, except as permitted below. If
the parcel of land is bordered by more than one right-of-way, the curb cut shall be
located on the less traveled right-of-way, as determined by the
SttperintendentPublic Works Director. If all of the following conditions are met,
two curb cuts may be allowed for a residential property:
(i) Lot width at street side shall be 100' or greater;
(ii) If the curb cuts are for a corner lot with curb cuts on separate streets, the total
street frontage shall be 150' or greater;
(iii) The property owner entering into an agreement with the city setting forth the
terms and conditions for the two curb cuts. The agreement with the city shall
be recorded with the Hennepin County Recorder or Registrar of Titles.
(iv) A storm water treatment system must be constructed on the property to treat the
storm water from the area of the second curb cut. A storm water treatment
system management plan must be submitted to the city and approved by the
Superintendent Public Works Director prior to the start of construction; and
(v) A storm water treatment system may be constructed in public right-of-way if it
does not hinder the use of the road by others, it is approved by the
Superi to dentPublic Works Director, the property owner agrees to be
responsible for maintaining the area and the property owner enters into a
maintenance agreement with the city.
(h) In new subdivisions, driveways for existing dwellings or properties shall be relocated
to be served from the new subdivision right-of-way;
(i) The width of a residential driveway approach shall abide -comply withby the following
requirements, based on the zoning district in which it is located:
(i) Rural residential, rural residential-1, rural residential-2, agricultural preserve,
and urban reserve zoning districts:
(1) 24 feet maximum when measured at the property line.
(2) The total combined width of two driveway approaches for two curb cuts
shall not exceed 34 feet when measured at the property line.
(3) Driveway approach width shall be allowed to increase where meeting the
road to a width reasonably necessary to accommodate maneuvering of
vehicles. This increased width shall be approved by the Superintendent
Public Works Director consistent with the standards of Section 400.07.
(4) For the purposes of measuring driveway approach width, if a parcel extends
to center of roadway, the width shall be measured 20 feet off the road
surface.
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(ii) Other residential zoning districts not listed in (i) above:
(1) 24 feet maximum when measured at the curb.
(2) 28 feet maximum when measured at the property line.
(3) The total combined width of two driveway approaches for two curb cuts
shall not exceed 34 feet, measured at both curb and property line.
(j) The total width of a driveway approach shall not exceed 32 feet for commercial and
industrial property, measured at the property line. Driveway approach width shall
be allowed to increase where meeting the road to a width reasonably necessary to
accommodate maneuvering of vehicles. This increased width shall be approved by
the Superintendent consistent with the standards of Section 400.07.
(k) Drainage from the driveway shall not be onto the right-of-way, unless the right-of-
way is designed for such purpose;
(1) No tree, shrub, or other obstruction may be placed adjacent to a driveway if it may
impair sight distances.
(m) Driveway surfaces. Gravel driveways shall only be permitted on property within the
following rural districts: agricultural preserve, rural residential, rural residential -
urban reserve, rural residential-1, and rural residential-2. Driveways within all
other districts shall be of an approved surface such as bituminous, concrete, or
permeable pavers.
(n) Shared Driveways. Shared driveways may provide access to no more than four
residential properties.
(i) Necessary documents describing easement rights and maintenance details shall
be recorded against the properties.
(ii) A shared driveway providing access to three or four residential properties shall
have a traveled surface of a minimum of 20 feet in width. Gravel surfacing
shall not be permitted for a shared driveway providing access to three or four
residential properties and such shall be of an approved surface such as
bituminous, concrete, or permeable pavers.
SECTION II. Section 820.17, Subd. 19.1 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. 19.1. Flag Lot. A lot with a narrow appendage for the purpose of providing access to
frontage on a public or private right-of-way.
SECTION III. Section 820.29, Subd. 2(h) of the code of ordinances of the city of Medina is
amended by adding the underlined language and deleting the stricken language as follows:
Subd. 2. Streets. Streets shall conform to the following design:
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(h) Centerline Gradients. All centerline gradients shall be at least 0.5 one percent and
shall not exceed the following: arterials and collector streets - 5 percent, minor streets and
marginal access streets - 8 percent.
SECTION IV. Section 820.29, Subd. 4(g) and 4(h) 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. 4. Lots.
(g) Location. All lots shall abut their full frontage on a street have frontage upon a public or
private right-of-way, except as follows:
(i) Lots without frontage upon a public or private right-of-way may be permitted in the
following rural zoning districts: agricultural preserve, rural residential, rural
residential -urban reserve, rural residential-1, and rural residential-2.
(ii) Lots without frontage upon a public or private street shall only be permitted if
provided access to a public or private street through an easement with a minimum
width of 60 feet. The location, fonn and substance of the easement shall be
acceptable to the City. Suitable soils within the area of the easement providing
access to lots without frontage upon a public or private street shall be subtracted
from the area of the lot on which they are located for the sake of meeting minimum
lot size requirements.
(iii) The subdivider shall be required to demonstrate that adequate physical access can
be provided within the proposed easement.
(iv) Notwithstanding the above, a lot which does not meet the requirements of this Subd.
4(g) shall be considered conforming with regards to these requirements if the lot was
of record prior to June 13, 2013.
(h) Flag Lots. The appendage of a flag lot which provides frontage on a public or private
right-of-way shall be located appropriately, be of sufficient width, contain adequate
upland area, and otherwise be adequate to accommodate a driveway sufficient to provide
access to the lot.
(i) At a minimum, the appendage shall be a width equivalent to 25 feet plus the required
setback for a driveway.
(ii) Additional width may be required by the City depending on topography, sightlines,
wetlands, soil conditions, and other relevant factors.
(iii) Notwithstanding the above, a lot which does not meet the requirements of this Subd.
4(h) shall be considered conforming with regards to these requirements if the lot was
of record prior to June 13, 2013.
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June 4, 2013
SECTION V. New code Section 828.17 is added to the code of ordinances of the city of Medina
as follows:
Section 828.17. Interference with the Use of Rights-of-wav and Easements Prohibited.
(a) No grading, tree or shrub planting, placement of landscaping boulders or other
obstructions, or construction of permanent improvements shall occur within a public
right-of-way or easement without approval of the City. Such approval shall only be
granted if the City determines that such use will not interfere with existing or intended
future use of such right-of-way or easement.
(b) Any alteration, tree, shrub, or improvements within a public right-of-way or easement
may be altered or removed by the City if necessary to utilize right-of-way or easement for
its intended purpose. No compensation shall be provided for such alteration or removal.
(c) Above -grade structural improvements, including retaining wall and landscaping boulders,
shall not be erected or installed within rights -of -way or public easements with the
exception of the following improvements which are permitted. The placement of the
improvements permitted below shall not require permits unless otherwise specified by
city ordinance.
(i) Public improvements, signage for public and private streets, public utility facilities
and essential services, stormwater improvements, and other improvements approved
by the City that serve a public benefit.
(ii) Mailboxes approved by the United States Postal Service and which are attached to the
ground with support(s) which do not exceed 16 square inches in cross -sectional area
for the first four inches above the ground. The cross -sectional area of the support(s)
of Cluster Box Units approved by the United States Postal Service may exceed 16
square inches.
(iii)Fences shall be allowed within easements if less than eight feet in height and if
surface water is not prevented from flowing.
SECTION VI. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 4th day of June, 2013.
,.1 .2/()/1-#
Eli Weir, Mayor
Attest:
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News on the 13`h day of June, 2013.
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June 4, 2013