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HomeMy WebLinkAbout2016/03/02 - ADMIN - Agenda Packets - Planning Commission - RegularAGENDA PLANNING COMMISSION COUNCIL CHAMBERS 6:00 P.M. MARCH 2, 2016 1. Call to order – Roll Call 2. Approval of Minutes: None 3. Hearings A. Comprehensive Plan Amendment, Rezoning and Variance for Proposed Daycare Location: 2460 Highway 100 South Applicant: New Horizon Academy Daycare Case Nos.: 16-07-CP, 16-08-Z, 16-09-VAR B. Amendments to the Subdivision Ordinance Applicant: City of St. Louis Park Case No.: 16-05-ZA 4. Other Business 5. Communications 6. Adjournment If you cannot attend the meeting, please call the Community Development Office, 952/924-2575. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call 952/924-2575 at least 96 hours in advance of meeting. Planning Commission Meeting Date: March 2, 2016 Agenda Item 3A 3A Comprehensive Plan Amendment, Rezoning, and Variance for Proposed Daycare Case No.: 16-07-CP, 16-08-Z, and 16-09-VAR Location: 2460 State Highway 100 Applicant: New Horizon Academy Daycare (A. Peter Hilger, Rylaur LLC) Recommended Action: Chair to close public hearing. Motion to recommend approval of the application for a Comprehensive Plan Amendment to change the land use map for property located at 2460 State Highway 100 from Office to Commercial. Motion to recommend approval of the application to rezone 2460 State Highway 100 from O Office to C-1 Neighborhood Commercial. Motion to recommend approval of the application for a variance to the C-1 Neighborhood Commercial requirement that a daycare’s outdoor play area be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Comprehensive Plan Land Use Designation: Office Zoning District: Office Current Land Use: Office REQUEST: The property is located along Utica Ave, on the frontage road along the west side of Highway 100. It contains a one-story, 10,140 square foot, office building. The applicant, New Horizon Academy, intends to purchase the property to open and operate a daycare facility. The Office zoning district does not permit a daycare as a principal use, but a daycare is a permitted principal use with conditions in the C-1 Neighborhood Commercial district. Approval of the three following applications is required before the existing office building can be used as a daycare facility: 1. Amend the comprehensive plan to change the land use map for the subject property from Office to Commercial. 2. Amend the zoning map to rezone the subject property from Office to C-1 Neighborhood Commercial. 3. Approve a variance to the C-1 Neighborhood Commercial requirement that a daycare’s outdoor play area be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 2 Meeting Date: March 2, 2016 LOCATION: EXISTING CONDITIONS: The property is 41,356 square feet in area, and contains an existing one-story, 10,140 square foot, office building. Parking spaces are located on the north, west, and south sides of the building. The property is located at the southern edge of the large commercial and industrial area surrounding the intersection of Highway 100 and Cedar Lake Road, as well as The West End and Park Place Plaza. Just to the north of the property are the large Luther Volkswagen automobile dealership, an auto body repair business, and a large industrial building complex. The property also borders a high density residential area to the south. There are three multi-story apartment buildings (Park Ridge Apartments and Courtyard Apartments), and also a church directly to the south. Parking lots, wetlands, and FEMA floodplains exist to the west. Utica Ave (frontage road) and Highway 100 are to the east with Benilde-St. Margaret’s School directly across Highway 100. PROPOSED DAYCARE: The applicant is proposing to remodel the existing building and convert it from an office use to a daycare facility. New Horizon Academy has been searching for a daycare site in St. Louis Park for some time. This property’s location is well positioned to conveniently serve both the employees of the community commercial/industrial center to the north and the residents of the neighborhoods to the south and west. The daycare facility is proposed to have a total licensed occupancy of 168 children. Based upon State licensing requirements, staffing at 100% occupancy would be 21 employees. Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 3 Meeting Date: March 2, 2016 COMPREHENSIVE PLAN AMENDMENT: The zoning of the property must be consistent with the Comprehensive Plan Land Use Plan. Therefore, the property cannot be rezoned to a commercial zoning district until the Comprehensive Plan Land Use Plan Map is first changed to Commercial. Below is an excerpt from the Comprehensive Plan Land Use Map. It shows the subject property guided for Office, which is consistent with the current zoning (O Office). The request to change the land use plan designation from Office to Commercial is consistent with the adjacent properties to the north, which are currently guided Commercial. Goal 4 of the Comprehensive Plan Land Use Plan, Commercial & Office Land Use Goals section (page IV-B22), provides this guidance: Preserve and enhance community commercial centers that offer desirable and complementary commercial retail and services for the community’s residents, workers, and visitors. Since this property is located at the southern edge of a community commercial and industrial center that extends from I-394 to Cedar Lake Road and Highway 100, it is appropriate to reguide this property for commercial land uses that complement the commercial and industrial uses to the north, as well as the residential land uses living to the south. Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 4 Meeting Date: March 2, 2016 In contrast, the Comprehensive Plan’s Office land use category is primarily intended for employment centers of fairly intensive office and mixed use development with high floor area ratios (FARs) and building heights. Since this property is relatively small for an office use, isolated from other office development, and adjacent to residential uses, it does not fit the intent of the Office land use category. ZONING ANALYSIS - REZONING: If the Comprehensive Plan land use designation is changed to Commercial, then the property can be rezoned to either the C-1 Neighborhood Commercial district or the C-2 General Commercial district. Since this property is located at the edge of a large community commercial and industrial center and also adjacent to residential uses, the C-1 Neighborhood Commercial district would provide regulations that ensure compatibility with both the commercial uses to the north and residential uses to the south. The purpose of the C-1 Neighborhood Commercial zoning district is stated in the Zoning Ordinance, and reads: “…to provide for low-intensity, service-oriented commercial uses for surrounding residential neighborhood. Limits will be placed on the type, size, and intensity of commercial uses in this district to ensure and protect compatibility with adjacent residential areas.” The proposed C-1 Neighborhood Commercial zoning district will allow low impact uses, such as a daycare, that are essential and desirable for both employees of the commercial/industrial area to the north and residents of the surrounding neighborhoods. Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 5 Meeting Date: March 2, 2016 As noted above on the excerpt from the zoning map, the two large properties to the north are zoned C-2 General Commercial, so rezoning the subject property to either the C-1 or C-2 district is consistent with the current zoning in the area. The proposed daycare is allowed in both the C-1 and the C-2 districts as a use permitted with conditions. The conditions of approval are identical in both districts, and are as follows: Group care/nursery school. The conditions are as follows: a. A minimum of at least 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a fence. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. In the C-1 and C-2 districts, a daycare can be constructed with just a building permit as long as it meets the three conditions above. A conditional use permit, or other public process, is not required. In addition to the conditions above, that are specific to the daycare use, it will also have to meet all other applicable requirements of the zoning ordinance. The applicant chose the C-1 district at the city’s request because the C-1 district is more compatible with neighboring residential uses than the C-2 district. The C-1 district will not allow uses such as liquor stores, pawn shops, outdoor sales, motor vehicle repair, car washes, motor vehicle sales, and high impact sexually-oriented businesses. Comparison of C-1 and O Districts: The table below compares some of the standard dimensional standards for the C-1 Neighborhood Commercial and O Office districts: Performance Standard C-1 Neighborhood Commercial O Office Height 35 feet 20 stories or 240 feet Setbacks Front 5 feet 20 feet Side None 15 feet on one side, half the building height on the other side Rear None 15 feet Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 6 Meeting Date: March 2, 2016 In addition to the above dimensional standards, there are some differences in allowed uses. The following table lists the most common uses in each district: C-1 Neighborhood Commercial Allowed in Both Districts O Office Animal handling Business trade school Hospital Appliance, small engine repair Printing process Convention hall Food service Studio Hotel/motel Funeral home Service High impact sexually oriented business Adult daycare Group care/nursery school Medical/dental office Museum Office Private entertainment (indoor) Restaurant Retail Parking lots Limited impact sexually oriented business Motor fuel station Educational academic Places of assembly In-vehicle sales & service Parking Regulations: Per the zoning ordinance, a daycare is required to provide 1 parking space per each two employees, plus 1 parking space per each 10 program participants based on total participant capacity of the facility. The daycare facility is proposed to have a total licensed occupancy of 168 children. Based upon State licensing requirements, staffing at 100% occupancy would be 21 employees. Thus, the requirement is 28 off-street parking spaces: 17 based on number of program participants and 11 based on number of employees. The applicant’s site plan is proposing to provide 59 parking spaces, which includes the 28 joint parking spaces. Therefore, even without the joint parking spaces, the daycare facility is able to provide 31 spaces and meet the minimum parking space requirement of 28 spaces. Staff finds that the parking requirements are met. ZONING ANALYSIS - VARIANCE: The applicant is also requesting a variance to one of the three required conditions for a daycare use, which is: The play area shall be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Since Highway 100 is a principal arterial, this condition is applicable to the property. The applicant has shown the approximate location of a 200’ setback from Highway 100 on their submitted survey. Essentially, the 200’ setback would require Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 7 Meeting Date: March 2, 2016 all outdoor play areas to be located west of the building. However, the property is also encumbered with an existing joint parking and ingress/egress easement, which is also shown on the survey, with the residential property to the south. The joint parking easement involves 28 existing parking spaces (21 spaces in the west parking lot and 7 spaces in the south parking lot). As shown on the survey, the combination of the 200’ setback from Highway 100, the existing joint parking easement that must remain, and the location of the existing building results in inadequate space outside the 200’ setback to provide the required outdoor play areas for the daycare use. The applicant contacted the property owner to the south to discuss making changes to the joint parking and ingress/egress easement in order to increase the amount of space beyond the 200’ setback, behind the building, for accommodating the required outdoor play areas. The residential property owner is not willing to make changes to the joint parking and ingress/egress easement without a significant cost to the applicant. The applicant has located as much of the outdoor play areas outside of the 200’ setback, west of the building, as is reasonably possible. Since the property owner cannot impact the west parking lot, the applicant’s site plan shows outdoor play areas located to the west, north, and south of the building that total 5,758 square feet. As a result, the applicant is requesting a variance for the two portions of the outdoor play areas located on the north and south sides of the building that do not meet the 200’ setback. Below is an analysis of the variance request based on the City’s criteria for granting variances found in Section 36-34 of the Zoning Ordinance. a. The effect of the proposed variance upon the health, safety and welfare of the community. Locating a portion of the outdoor play area inside the 200’ setback will not negatively affect the health, safety, and welfare of the community. The proposed outdoor play area will be enclosed with a five foot tall steel fence with gates that are remotely controlled and secured with an alarm. In addition to this, there is a concrete wall with a fence on top separating the highway from the daycare facility. The wall and fence is sufficient to prevent pedestrians from walking onto the highway. Staff finds this criterion has been satisfied. b. The request is in harmony with the general purposes and intent of the ordinance. The general intent of the required setback is to ensure safety by providing separation between outdoor play areas and principal arterial roadways. The applicant meets the general purpose and intent of the ordinance by locating as much of the play area as is reasonably possible beyond the 200’ setback and behind the building. The masonry wall and fence also enhances the safety for the daycare by ensuring that children cannot walk onto the highway, and that cars cannot veer off the highway and endanger the children or other pedestrians in the area. Staff finds this criterion has been satisfied. Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 8 Meeting Date: March 2, 2016 c. The request is consistent with the comprehensive plan. The request is consistent with the Comprehensive Plan as demonstrated below: Section IV, Goal 4 of the Comprehensive Plan states: Preserve and enhance community commercial centers that offer desirable and complementary commercial retail and services for the community’s residents, workers, and visitors. Section F. Plan By Neighborhood – Birchwood Neighborhood Improvement Opportunities states: Control neighborhood cut-through traffic on Utica Avenue Allowing this variance to the setback for the daycare’s outdoor play areas will enable the addition of a daycare that will be desirable and convenient for surrounding residents and employees. The addition of a daycare on this property will not contribute to cut-through traffic on Utica Avenue since the families using the daycare are likely to be working or living in the neighborhood. Staff finds this criterion has been satisfied. d. There are practical difficulties in complying with the Zoning Ordinance. Practical difficulties are defined as follows: 1. The property owner proposes to use the property for a land use permitted in the zoning district in which the land is located. A variance can be requested for dimensional items required in the zoning ordinance, including but not limited to setbacks and height limitations. In conjunction with this setback variance request, the applicant is requesting that the property be rezoned from O Office to C-1 Neighborhood Commercial, which allows a daycare as a permitted use with conditions. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The property is encumbered with an existing joint parking and ingress/egress easement with the residential property to the south. This easement is unique to the property and was not created by the applicant. The existing joint parking and ingress/egress easement encumbers the majority of the open area of the property, resulting in an inadequate space outside the 200’ setback to provide the required outdoor play areas for the daycare use. 3. The variance, if granted, will not alter the essential character of the locality. The variance is being requested to enable reuse of an existing office building for a daycare facility, which will not alter the essential character of the locality. Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 9 Meeting Date: March 2, 2016 4. Economic considerations alone do not constitute practical difficulties. The major consideration for requesting the variance is related to the practical difficulties of using the site and building without impacting the existing joint parking and ingress/egress easement, which involves the entire west parking lot (21 spaces) and the south parking lot (7 spaces). This existing easement on the property limits options for designing the site to work for a daycare facility. 5. Practical difficulties include inadequate access to direct sunlight for solar energy systems. This is not applicable. Staff finds that these practical difficulties criteria, as applicable, are met. e. There are circumstances unique to the property include the shape, topography, water conditions, or other physical conditions unique to the property. There are two unique circumstances to this property that relate to the requested variance. The property is encumbered with an existing joint parking and ingress/egress easement with the residential property to the south, which is unique to the property and was not created by the applicant. These 28 joint parking spaces represent approximately half of the property’s existing parking spaces. The existing joint parking and ingress/egress easement, which must remain in place, results in inadequate space outside the 200’ setback from a principal arterial roadway to provide the required outdoor play areas for the daycare use. The property’s triangular shape is unique in that it reduces developable area behind the building for parking, and in the case of a daycare facility, outdoor play areas. f. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. Without the granting of the requested setback variance, the applicant will be unable to use the property for a daycare facility, which is an allowed use in both the C-1 Neighborhood Commercial and O Office districts. g. The granting of the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. Since the applicant is proposing to use the existing building, granting of the setback variance will not impact light and air to the adjacent property, unreasonably increase traffic, increase the danger of fire, or endanger public safety. Based on the applicant’s proposed maximum occupancy of 168 children and 21 employees for a daycare facility in the existing building, Staff estimates that vehicle trip generation for the daycare use will be very similar to the number of vehicle trips that could be generated by offices uses currently permitted in the building when it is fully occupied. While the character of those trips are different, e.g. more outbound trips on the morning and more inbound trips in the afternoon Agenda Item No. 3A. Comprehensive Plan Amendment, Rezoning, and Variance for Daycare Page 10 Meeting Date: March 2, 2016 for a day care facility than an office building, the overall traffic generation is not unreasonably increased. h. The granting of the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a practical difficulty. Without the granting of the requested setback variance, the applicant will not be able to alleviate the practical difficulty of the existing joint parking and ingress/egress easement and the resulting inadequate space for providing the required outdoor play areas for the daycare use. Granting of the variance is necessary for the applicant to use this property for a daycare facility. NEIGHBORHOOD MEETING: A neighborhood meeting was held at the existing office building on the property on October 8th, 2015. While the meeting was not held for this application, it was held for another daycare use that proposed essentially the same use and layout. Notices were sent to everyone within 500 feet, including residents living in the nearby apartments. The only person that attended the meeting was the neighborhood president, who spoke in favor of the project. The Neighborhood President and the Ward Council Member were notified of the New Horizons application. They expressed some concerns regarding traffic, and staff responded demonstrating that the proposal does not generate more traffic than could be generated by a typical office use locating on this same property. This property could also be more intensely developed under the Office regulations, which allow more intensity that the C-1 Neighborhood Commercial district. A more intense office development could result in even more traffic than could be generated by a daycare. RECOMMENDATION: Staff recommends approval of the requested Comprehensive Plan Amendment changing the land use designation on the map from Office to Commercial, rezoning from O Office to C-1 Neighborhood Commercial, and a variance to the C-1 Neighborhood Commercial requirement that daycare outdoor play areas be located a minimum of 200 feet from any roadway defined on the comprehensive plan as a principal arterial. Attachments: Letter from Applicant Site Plan Floor Plan Property survey Prepared by: Jeff Miller, HKGi Planning Consultant Reviewed by: Gary Morrison, Assistant Zoning Administrator Meg McMonigal, Principal Planner Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com - 1 - January 29,2016 Mr. Gary Morrison City of St. Louis Park 5005 Minnetonka Blvd., St Louis Park, MN 55416 RE: Rezoning and Comp Plan Change Request, New Horizon Academy 2460 South Highway100 (Utica Avenue) PID: 31.029.24.23.0012 Dear Mr. Morrison, Please accept this letter, check and related attachments supporting our applications for the following actions: 1. Change the Comprehensive Plan designation from Office to Commercial, and 2. Change the above referenced property zoning from the present Office designation to C-1 Neighborhood Commercial, and 3. Approve a variance to the 200' setback limitation for playground areas Following is our narrative in support of this request. EXISTING CONDITIONS Located on the west side of Highway 100, this existing one story brick office structure is bounded on the east by Highway 100 frontage road, aka Utica Avenue, to the south and west by the Park Crossing Apartments zoned RH, and to the north by the Luther Car dealership zoned General Commercial. Further to the west is Industrial zoned property and flood plains. Across Highway 100 is Benilde St Margaret School. The site contains 41,356 SF total (0.95 acres) and 61 off street parking stalls in a triangular configuration. Of these, a block of 26 stalls, split between the west lot and the south lot are Rylaur, LLC philger@rylaur.com 14 Pheasant Lane covered under a joint parking and ac apartments, with very few of the parking lot is also under utilized and may in fact be over parked. Please reference the survey, attached and marked Exhibit A. attached herein and marked Exhibit B, ef weekends (Paragraph 1.02, which states hours of 5PM and 8AM daily Monday through Saturday of use by New Horizon Academy (6AM compatible to the extent these parking stalls are preserved in their present location described in the easement. CROSS PARKING EASEMENT CONFIGURATION AREA LAND USE This site is very close to the Cedar Lake Road/West End development area, and yet also close to the residential neighborhoods to the west and south, well positioned both from a visibility perspective and convenient access to and from work. Aerial Photo of Neighborhood philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 www.rylaur.com - 2 - g and access easement agreement with the Park Crossing , with very few of the stalls consistently used by the apartments. Their existing parking lot is also under utilized and may in fact be over parked. Please reference the survey, attached and marked Exhibit A. The easement document, attached herein and marked Exhibit B, effectively limits the use of these 28 stalls to nights and (Paragraph 1.02, which states ". . .parking . . . shall be limited and restricted to the hours of 5PM and 8AM daily Monday through Saturday . . .), substantially opposite the pattern by New Horizon Academy (6AM-6PM), and therefore their continued joint use is compatible to the extent these parking stalls are preserved in their present location described in CROSS PARKING EASEMENT CONFIGURATION This site is very close to the Cedar Lake Road/West End development area, and yet also close to the residential neighborhoods to the west and south, well positioned both from a visibility perspective and convenient access to and from work. 612.868.3636 Park Crossing Their existing The easement document, also stalls to nights and ". . .parking . . . shall be limited and restricted to the opposite the pattern 6PM), and therefore their continued joint use is compatible to the extent these parking stalls are preserved in their present location described in This site is very close to the Cedar Lake Road/West End development area, and yet also close to the residential neighborhoods to the west and south, well positioned both from a visibility Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com - 3 - Aerial View of site and immediate surroundings Rezoning this existing Office use to C-1 Neighborhood Commercial is consistent with good planning standards as it relates common commercial uses adjacent to each other, and this site, with a lesser Neighborhood commercial designation makes for a logical transition from General Commercial to High density residential, and specifically allows the lighter commercial type uses that we are proposing. Current Comprehensive Plan (consistent with current Zoning Designation) Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com - 4 - DEVELOPMENT OBJECTIVES OCCUPANCY New Horizon Academy has long been seeking a site in St. Louis Park. We are proposing to keep the existing structure intact, except the demolition of the attached garage for the benefit of playground space. The building is well suited to a fully functioning childcare center, to include the following breakdown of space and occupants: Three Infant Rooms @ 12 children each: 36 Two Toddler Rooms @ 14 children each: 28 One Toddler transition Room @ 14: 14 Three Preschool Rooms @20 each: 60 One School Age room @ 30: 30 TOTAL LICENSED CHILD OCCUPANCY: 168 Based upon State licensing requirements, staffing at 100% occupancy would be 21 employees, however, industry standard occupancy for childcare centers is around 70%, so the "real" staffing number is approximately 17 employees. PARKING ASSESSMENT Based on the above information, and taking into account the easement impacted stalls that cannot be modified, the parking requirements are summarized as follows: Required based on child count 1/10 children: 17 stalls Required based on staff 21 X 50% 11 stalls Total Parking Required: 28 stalls Existing Parking Stalls (excluding two car garage): 59 stalls Non-Easement Stalls Removed for Play Area: (15) stalls Non-Easement Stalls Removed to improve access: (9) stalls Stalls Remaining (existing and reconfigured): 37 stalls Parking stalls required: (28) stalls Surplus available: 9 stalls Existing Stalls under joint easement to remain: 26 stalls Unrestricted stalls to remain: 9 stalls Per the shared parking easement, we have equivalent and unrestricted rights to the use of these stalls as the apartment does, and in order to preserve them, no playground space is being allocated thereon. Further, the surplus calculation shows that we have 7 additional stalls over what is required. Since the center operates between 6AM and 6PM, and the heaviest drop off traffic period is between 7 and 9 AM, there is little conflict with the shared use of the stalls by New Horizon and the Apartments, which have access Monday through Friday only until 8AM, and many of those parking would likely be off to work themselves by that time. Parking stalls on the south side of the building would be reserved for staff only. Further, to improve vehicle safety and the drop off/pickup of children, we are proposing to eliminate all unrestricted parallel parking stalls on the north side of the driveway, and reposition 9 parking stalls, 9' wide each (6" wider than ordinance requires) as "head-in" stalls adjacent the entrance and sidewalk. The slight curvature, plus a proposed speed bump, will serve as a traffic calming device, effectively slowing traffic as it moves east-west. Access from the western parking stalls would be by sidewalk through the fenced and secured playground, whose gates Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com - 5 - will have electronic strikes to enable passage during peak times of drop off and pick-up. Our only challenge might be to get the kids inside rather than staying out to play on the equipment, but at least they would be safe, which is our highest priority. PROPOSED SITE PLAN (Yellow: new play area Green: new landscape area) PLAYGROUND ASSESSMENT Playground space is conveniently, and safely, positioned along the northwest perimeter of the building within direct access from the building and classrooms without crossing the path of traffic to each of a fenced Toddler and Preschool play areas. The ordinance states: "A minimum of 40 square feet of outside play space per pupil shall be provided and such space shall be enclosed by a fence", which under a strict interpretation of all licensed occupant load of the TOTAL occupancy of 168, would be 6,720 SF. Further, infants could reasonably be excluded from this standard as they clearly do not use the play areas to the same degree. Therefore, we have based our calculation on a net occupant load of 168 - 36 infants = 132 children X 40 SF/child = 5,280 SF playground area. We are proposing a total of 5,768 SF, thus in excess of Code requirement. However, the ordinance merely states "per pupil" and does not address "all" pupils at once. New Horizon Academy never operates with all kids on the playground at one time, and therefore defers to a reasonable "class-at-a-time" basis that is fully consistent with State licensing guidelines. Further, per Minnesota Rules regarding licensing, the minimum area for all playgrounds combined is 1,500 sf (MnRules 9503.o155, Subp 7(a)) which we greatly exceed, and the allocation of kids using the play space is 1/75 SF. Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com - 6 - We are proposing two playgrounds: the Toddler play area totaling 1,266 SF, licensed for one class use at a time, or 14, yielding a net ratio of 1 child per 92 SF, and the Pre-School Playground are totaling 4,492 SF, licensed for 2 classes at a time, or up to 50 (20+30 or 20+20), resulting in a net ratio of 1/90 SF per child. Since this proposal meets or exceeds State guidelines for licensing, is consistent with the management practices of the center, and can be reasonably interpreted to meet the ordinance standard, we believe this proposal should be approved. Please reference the site plan and building floor plan, attached. VARIANCE REQUEST Within the standards of the C-1 Neighborhood Commercial district (36-193(c)(2)(c), for a nursery school use, "the play area shall be located a minimum of 200' from any roadway defined on the comprehensive plan as a principal arterial " The following diagram indicates the impact of the 200' setback on the particular conditions of this property, including the triangular shape of the lot, the existing easement that must remain, the existing building, and the limit of the remaining 2,820 SF area that can be allocated to play space that meets the ordinance (including demolition of a part of the building), all of which is included in our proposal, representing roughly 49% of the proposed play space of 5,758 SF. We cannot effectively cross the northern driveway to expand the play area since that driveway must remain to serve the two parallel parking spaces currently within the easement, not to mention cutting off the safest access (and lowest traffic volume access) to the center. Therefore, since a dimensional criteria is the grounds for a variance request, we have placed as much possible play space behind the 200' setback as is reasonably possible, and re-crafted the access drive for traffic calming measures and clear drop off zone to effect the safest possible solution within the given sire constraints. SURVEY OVERLAIN WITH EASEMENT AND NET REMAINING PLAY SPACE Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com - 7 - Therefore, in order therefore to achieve the required play space, existing surplus parking areas within the 200' limit must be dedicated, and positioned to allow direct access from the classrooms (for safety). For that reason, we are requesting a variance to the ordinance for the remaining 50% within the 200' setback. Considering the intent of the 200' setback, research into the specific origins of this particular provision could not be determined by City staff, but presumably is rooted in public safety, perhaps when a property in question was immediately adjacent to a principal arterial, without any impediments to potential accidents. This particular site is uniquely different, in that a non- arterial street, Utica Avenue in its capacity as a frontage road, is between the principal arterial and our site, and that for most of the playground, the building itself serves the primary barrier to any such perceived danger. Further, there is a concrete retaining wall with a fence atop that physically separated the arterial from Utica. New Horizon Academy considers the safety of its children the highest of priorities. For this, we are planning the following features on this playground: · a 5' high steel fence with alarmed, electronic latches on their gates · fully supervised play time in the same licensing ratios as within the classroom · a vehicle guardrail is planned behind the curb and ahead of the fence wherever the play ground abuts parking or driveways. · a poured rubber fall zone surface Following is our recommended findings for granting the variance: 1. The effect of the proposed variance on the health, safety and welfare of the community. This variance will not affect the health, safety and welfare of the community. It will instead benefit the community by providing a high quality, safe child care facility in an evolving commercial sector of the city. 2. The request is in harmony with the general purposes and intent of the Zoning Ordinance. The granting of this variance is in harmony with the intent of the Zoning Ordinance to provide a safe play environment for our younger citizens. Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com - 8 - 3. The request is consistent with the Comprehensive Plan This variance request is consistent with the Comprehensive Plan in that it permits Child Care within the commercial district. 4. The applicant establishes that there are practical difficulties in complying with the Zoning Ordinance. This means that: a. The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items. This use is permitted in a Commercial district, and the practical difficulty in terms of dimension is that it is impossible to fit the entirety of the play ground beyond the 200' limit, and therefore this fits the context of a dimensional item. b. The plight of the Landowner is due to circumstances unique to the property and not created by the Landowner. This property is effectively limited by the long standing joint parking and access agreement with the adjacent Park Crossing apartments, which enabled that development to meet its parking requirements at the time, and which was presumably approved by the City. Therefore, this is an inherited situation that is not created by this proponent. c. The variance, if granted, will not alter the essential character of the locality. Granting this variance will not alter the essential character of this area or the site, and in fact will improve the locality with a net reduction in parking and a small addition of green space. d. Economic considerations alone do not constitute practical difficulties. This variance request is clearly not based upon economic conditions as a practical difficulty. This is an expensive proposition for the applicant to make children safe. e. Practical difficulties include inadequate access to direct sunlight for solar energy applications. This is not a factor in this variance request. 5. There are circumstances unique to the shape, topography, water conditions or other physical conditions of the property. This variance is a direct result of two practical difficulties to achieve this use: the existence of a perpetual cross parking and access easement benefitting the adjacent apartment community, and the triangular shape of the lot with a diminished available area beyond the 200' setback that does not impact the joint parking easement. 6. The granting of the variance is necessary for the preservation and enjoyment of a substantial property right. In the absence of this variance, this project cannot proceed. Rylaur, LLC philger@rylaur.com 14 Pheasant Lane, North Oaks, MN 55127 612.868.3636 www.rylaur.com - 9 - 7. The granting of the variance will not impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety It will not. 8. The granting of the variance will not merely serve as a convenience, but is necessary to alleviate a practical difficulty. This variance is not a convenience, but rather essential to the development of this site into a childcare center to serve the evolving commercial and residential areas surrounding this site, providing a benefit to the community at large.. SUMMARY We respectfully request approval of both the Comp Plan Amendment, the Rezoning to C-1 Neighborhood Commercial, and the granting of the variance to the 200' playground setback, as described herein. · The community will benefit from the presence of a high quality, established and safe child care provider. · We have demonstrated the hardship and practical difficulties of complying with but one provision of the ordinance, and most importantly, have minimized the amount of land impacted by the 200' setback, while providing for a safe play facility that exceeds the State licensing requirements and City ordinance, while exceeding parking requirements. Thank you for your consideration. If you have any additional requirements, please so advise. With Appreciation of Your Assistance, A. Peter Hilger, AIA Architect. encl: Site Plan, Floor Plan, Survey, Cross Parking Easement documentation, Applications for each of Comp Plan change, Zoning Map change and Variance, Check for application fees in the amount of $4,720, address labels. cc: Jill Dunkley, Alan Ruth TODDLERPLAYGROUND1,266 S.F.NEW ADA COMPLIANTCURB RAMPEXISTING PARKINGSTALLSNEWLY CONFIGUREDPARKING STALLSPRESCHOOLPLAYGROUND2,780 S.F.TRASHENCL.EXISTING PARKING STALLS7PRESCHOOLPLAYGROUND1,712 S.F.25'-0"22'-0"LANDSCAPINGEXISTING SIDEWALKSCREEN WALLSCREEN WALLLANDSCAPELANDSCAPESIDEWALKTO CONNECT TOPUBLIC WAYCURB RAMP25'-0"BUILDING FOOTPRINT = 10,140 S.F.SPEED BUMP9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"8'-0"8'-0"8'-0"SETBACK FROM FENCELINE LOATED BETWEEN UTICA AVE & HWY 100200'-0"200' SETBACK LINESHEET TITLE:DRAFTED:REVIEWED:SHEET DATE:1/31/2016 2:12:46 PMA001SITE PLANJHAPH01.28.16/ 1" = 20'-0"OVERALL SITE PLAN1EXISTING BUILDING FOOTPRINT = 10,140 S.F.Licensed Building Capacity: 168 TotalPlayground Capacity: 168 less 36 infants = 132 ChildrenPlayground Ordinace: 132 Child x 40 SF = 5,280 SF less than 5,758 SF (OK)State Required Minimum Area: 1,500 SF < 5,758 SF (OK)Total Fenced-in Area: 5,758 SF / 75SF Child = 76 ChildrenParking Analysis - Remaining Stalls after Playground Improvements: 36Total req'd stalls for Staff (State Licensing): 21 / 2 = 11 Stalls for staff req'dTotal req'd stalls for Parent/Child (State Licensing): 168 / 10 = 17 StallsTotal Stalls Required: 11 Staff + 17 Parent/Child = 28 TotalTotal Stalls Provided: 37REVISION SCHEDULENODESCRIPTIONDATERYLAUR, LLC.14 PHEASANT LANENORTH OAKS, MN 55127P: 612.868.3636philger@rylaur.com©2015 RYLAUR LLC.NEW HORIZON ACADEMY2460 HWY 100 ST. LOUIS PARK LOT 4, BLOCK 1 105.00N69°14'30"W EXCEPTION(perDoc.No.5251461)20.00 197.61 N60°48'44"WN00°30'30"W58.00N89°29'30"E 332.74 73.23S19°28'55"W130.86S16°27'58"W12.26 208.15S20°45'30"WNONEXCLUSIVE INGRESS/EGRESSEASEMENT PERDOC.NO.5995494 PARCEL 1 PARCEL 222.0022.00PARKING EASEMENT PER DOC. NO. 5995494 148.00 S00°30'30"E19.00S89°29'30"W 36.00 S00°30'30"E102.87128.93Southwest cornerof Lot 4, Block 1,RIDGE ADDITION Northwest corner of Lot 4, Block 1, RIDGE ADDITION PARKINGEASEMENT PERDOC.NO.5995494 SoutheastcornerofLot4,Block1,RIDGEADDITION74.00 31.00 32.3515.26N20°45'30"E63.00S69°14'30"E N20°45'30"E20.00DRAINAGE AND UTILITY EASEMENT PER PLAT OF RIDGE ADDITION 1212OWNER:THE LUTHER CO LTD PRNRSHP OWNER:PARK RIDGE REAL ESTATE LLCOWNER:PARKRIDGEREALESTATELLC'Line2'perDocNo.5251461200.00'Line1'perDocNo.525146138.726.0 26.0 18.5 38.8 1 8.5 3 8.7 23.51.02.02.02.02.024.953.1 18.5 53.3 2.0 2.0 2.02.041.818.341.5TRAN ? CTV U FLAG EXISTING CURB EXISTINGCURB EXIS TIN G CURB EXISTING CURB EXISTINGSIDEWALK EXISTIN G SIDEWALKEXISTINGFENCE EXISTING G ARBAGE EXISTIN G ONE-STORY BUILDING EXISTINGSIDEWALKOHP OHP EXISTING AWNING SURVEY BY :APPROVED BY :DESIGNED BY :DRAWN BY :DATE : SHEET NUMBER PROJECT NUMBERREVISIONDATECHECKED BY :Plot Date: 01/11/2016 - 12:33pmDrawing name: V:\1938\active\193803425\CAD\Dwg\193803425V301.dwgXrefs:St. Paul Office2335 West Highway 36Saint Paul, MN 55113Phone: 651-636-4600Fax: 651-636-1311Website:www.stantec.com193803425NEW HORIZON REAL ESTATE DEVELOPMENT, LLPALTA/ACSM LAND TITLE SURVEYJANUARY 11, 2016 193803425V301DJR V3.01 SAINT LOUIS PARK, MINNESOTA2460 SOUTH HIGHWAY 100 CO E C U SS S CTV>>>>>>GATE VALVE POWER BOX TELEPHONE BOX LIGHT POLE EX. CURB & GUTTER EX. SANITARY SEWER FH EX. WATER MAIN EX. STORM SEWER LOT LINE RIGHT-OF-WAY llCO E C U SS S CABLE TV BOXCTV SITE PROPERTY LINE BITUMINOUS AREA CONCRETE LEGEND POWER BOX TELEPHONE BOX ROAD SIGN MAILBOX LIGHT POLE AERIAL UTILITIES BURIED ELECTRIC BURIED GAS MAIN BOLLARD OHP HAND HOLEH MAIL E C PARKING METER SI G N PYLON SIGN CABLE TELEVISION TARN TRANSFORMER CELT CULVERT POWER POLE LAND DESCRIPTION PARCEL 1 Lot 4, Block 1, RIDGE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPTING THEREFROM, that part of Lot 4, Block 1, RIDGE ADDITION, conveyed in fee to the State of Minnesota by deed dated February 9, 1987, recorded April 10, 1987, as Document No. 5251461. (Abstract Property) PARCEL 2 Nonexclusive easement for ingress and egress purposes over part of Lot 3, Block 1, RIDGE ADDITION, Hennepin County, Minnesota, as created in easement agreement dated March 19, 1986, recorded March 24, 1986, as Document No. 5092037, as amended by Amendment N. 1 to Easement Agreement dated August 20, 1992, recorded November 16, 1992, as Document No. 5995494. SURVEY NOTES 1. The property described hereon is the same as the property described in the title commitment prepared by First American Title Insurance Company National Commercial Services, Issued by its Stone Capital, Commitment No. NCS-752121-PHX1, with an effective date of August 31, 2015 at 7:30 A.M. 2. The bearing system of this survey is ASSUMED as shown per plat of RIDGE ADDITION. 3. Per Item 2 of Table A standards: The property address is 2460 South Highway 100, Saint Louis Park, MN, as stated in said title commitment. 4. Per Item 3 of Table A standards: Subject property is Zoned A per Community Panel Number 27053C0353E, with an effective date of September 2, 2004, per FEMA website. However, per Letter of Map Amendment Determination Document, Case No. 10-05-1847A, dated March 4, 2010, the structure was removed. 5. Per Item 4 of Table A standards: The gross area of subject property contains ±41,356 square feet (±0.95 acres). 6. Per Items 6(a) of Table A standards: Said property is zoned BP - Business Park, per City of St. Louis Park, MN. 7. Per Item 9 of Table A standards: There are 59 total parking spaces on subject property with 3 designated as handicap parking. 8. Per Item 11a of Table A standards: The utilities shown hereon were observed at time of survey. Prior to any digging, contact Gopher State One-Call at 1800-252-1166. Item 10: Rights of State of Minnesota created in Final Certificate recorded September 24, 1941, as Document No. 2108397 and in Partial Final Certificate recorded July 13, 1962, as Document No. 3355542, including limitation of access and right to erect temporary snow fences on lands adjacent to the trunk highway, as assigned, with restrictions and reservations, to City of St Louis Park by Quit Claim Deed dated January 4, 1980, recorded January 18, 1980, as Document No. 4538389. SHOWN ON SURVEY. Item 11: Easements, and rights incidental thereto, in favor of City of St. Louis Park, created in Quit Claim Deed dated May 13, 1960, recorded May 27, 1960, as Document No. 3234888. DOES NOT AFFECT SAID PROPERTY. Item 12: Easements shown on the plat of RIDGE ADDITION, recorded August 10, 1981, as Document No. 4662335. SHOWN ON SURVEY. Item 13: Terms, conditions, and easements, and rights incidental thereto, created in Easement Agreement dated March 19, 1986, as Document No. 5092037, as amended by Amendment No. 1 to Easement Agreement dated August 20, 1992, recorded November 16, 1992, as Document No. 5995494. SHOWN ON SURVEY. CERTIFICATION VICINITY MAPALTA/ACSM LAND TITLE SURVEY COMMITMENT NO. NCS-752121-PHX1 To New Horizon Real Estate Development, LLP, Associated Bank and Commercial Partners Title, LLC: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 5, 6(a), 7(a), 8, 9, 11(a), and 13 of Table A thereof. The field work was completed on January 6th, 2016 STANTEC ___________________________________ Daniel J. Roeber, Professional Land Surveyor Minnesota License Number 43133 January 11, 2016 ITEMS CORRESPONDING TO SCHEDULE B PLUG INSCRIBED WITH 43133IRON MONUMENT SET WITH PLASTICDENOTES 1/2 INCH BY 14 INCH DENOTES IRON MONUMENT FOUND 20 400 Horizontal Scale In Feet INTERSTATE 394 HIGHWAY100 Planning Commission Meeting Date: March 03, 2016 Item 3B Amendments to the Subdivision Ordinance 3B. Subdivision Ordinance Amendment Case No.: 16-05-ZA Recommended Action: Chair to close public hearing. Motion to recommend approval of the amendments to the Subdivision Ordinance as recommended by staff. Description of Request: Staff is initiating amendments to the Subdivision Ordinance. The intent of the amendments are to update the design standards and make clarifications. Draft Amendments: A draft of the proposed changes is attached. The ordinance was presented to the Commission at study sessions on February 3, and February 17, 2016. The following is a brief summary of the proposed changes: (Pg 7) Exemptions from the subdivision process. The ordinance currently exempts simple lot divisions from the normal subdivision process, meaning a lot that is split into no more than two lots can be processed administratively, and does not require a hearing before the Planning Commission and Council approval. The ordinance does not outline a process for combining two parcels, or moving a property line between two parcels. The City Attorney has advised staff to administratively review and approve these proposals before they are submitted to Hennepin County by the property owner. Staff is proposing adding a process to the ordinance that identifies the criteria by which staff administratively approves combinations and property line adjustments along with simple lot splits. The proposed language outlines the same process and circumstances staff has been using when reviewing these requests. Since the last study session, staff expanded on the exempt subdivision process by creating an exemption for public land. The intent of this exemption is to provide a process by which the city can administratively process property line changes that occur within public lands such as right-of-ways. These properties are not platted lots, and often do not meet the dimension standards required by the zoning districts. Therefore, the exempt process will allow them to be split, combined, or adjusted as long as the use and ownership of the property remains public. If public land is transferred to private ownership, then this exemption will not apply. For example, the land for the Arlington Row projects were excess right-of-way that was sold by MnDOT. The new lots were platted following the standard process taking them through the Planning Commission for a public hearing and to the Council for action. The added language follows: (b) Publicly owned property exemption. Simple divisions, combinations, and property line adjustments may be exempt if all of the following conditions are met: (1) The land involved is publicly owned or is about to be acquired by a public entity. (2) The simple division, combination, or property line adjustment will not cause the land or any structure on the land to be in violation of the building code. (Pg 9) Change regulations pertaining to subdivision variances. Current regulations state four criteria that must be met. Staff is proposing to change the language to say that five criteria shall be considered when evaluating subdivision variance requests. This change will allow the Planning Commission to continue to review variances in a more comprehensive manner, yet also allow the Planning Commission to review it in the context of the unique situation confronted by the applicant. This revision is consistent with the manner in which variances are reviewed in the zoning ordinance which recently went from a similar shall be met requirement to a shall be considered review. (Pg 29) Remove infrastructure design standards from the ordinance, and instead refer to the Engineering Director who will apply the City Engineering Department policies and templates. (Pg 30) Continue to require sidewalks, but require them to be installed as per approved sidewalk and trail plans and policies instead of requiring them on all street frontages. (Pg 31) Create the option for the property owner to pay cash contribution to sidewalk fund in lieu of constructing a sidewalk or trailway, at the City’s discretion (not the property owner’s). (Pg 39) Revise language requiring drainage/utility (D/U) easements. The ordinance currently requires D/U easements around the perimeter of all lots, and changes to this require a variance. Staff proposes to add an exception that allows the Engineering Director to reduce D/U easements to avoid excessive and unnecessary easements and to design easements in conjunction with development proposals and the City’s long-term plans for the area. (Pg 40) Delete the erosion and sediment control requirements, and reference them in Chapter 12 of the City Code. (Pg 40) Delete the storm drainage requirements, and reference the Local Storm Water Management Plan (LSWMP), and City and Minnehaha Creek Watershed District policies. (Pg 44) Reference the tree preservation regulations that are detailed in the landscaping section of the zoning ordinance. RECOMMENDATION: Staff recommends approval of the attached amendment to the Subdivision Ordinance. Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Principal Planner Attachments: Draft Subdivision Ordinance Draft Subdivision Ordinance December 8, 2015 Page 1 Chapter 26 SUBDIVISIONS* Article I. In General Sec. 26-1. Short title. Sec. 26-2. Purpose of Cchapter. Sec. 26-3. Definitions. Sec. 26-4. Conformance with the Ccomprehensive Pplan. Sec. 26-5. Approvals necessary for acceptance of subdivision plats. Sec. 26-6. Conditions for recording. Sec. 26-7. Building permits. Sec. 26-8. Noise control requirement.Reserved. Sec. 26-9. Exceptions. Sec. 26-10. Conveyance by metes and bounds. Secs. 26-11--26-40. Reserved. Article II. Administration and Enforcement Sec. 26-41. Nonplatted subdivisions. Sec. 26-42. Subdivision Variances; planning commission recommendations; standards. Sec. 26-43. Violations; penalty. Sec. 26-44. Validity of Cchapter provisions. Sec. 26-45. Amendment process. Secs. 26-46--26-80. Reserved. Article III. Procedures for Filing and Review Sec. 26-81. Sketch plan.Reserved. Sec. 26-82. Preliminary plat. Sec. 26-83. Final plat. Sec. 26-84. Premature subdivisions. Secs. 26-85--26-120. Reserved. Article IV. Plat and Data Requirements Sec. 26-121. Sketch plan.Reserved. Sec. 26-122. Preliminary plat. Sec. 26-123. Final plat. Sec. 26-124. Address map.Reserved. Sec. 26-125. Engineering standards for final grading, development and erosion control plans. Secs. 26-126--26-150. Reserved. ---------- *Cross reference(s)--Buildings and building regulations, ch. 6; environment and public health, ch. 12; official map, § 21-31 et seq.; utilities, ch. 32; vegetation, ch. 34; zoning, ch. 36. State law reference(s)--Authority to regulate subdivisions, M.S.A. § 462.358. Draft Subdivision Ordinance December 8, 2015 Page 2 26:1 St. Louis Park City Code SUBDIVISIONS Article V. Design Standards Sec. 26-151. Consistency. Sec. 26-152. Blocks and lots. Sec. 26-153. Streets and alleys. Sec. 26-154. Easements. Sec. 26-155. Erosion and sediment control. Sec. 26-156. Storm drainage. Sec. 26-157. Protected areas. Sec. 26-158. Park and trail dedication requirements. Sec. 26-159. Tree preservation.Reserved. Sec. 26-160. Minimum design features. Secs. 26-161--26-190. Reserved. Article VI. Required Basic Improvements Sec. 26-191. General provisions. Sec. 26-192. Monuments. Sec. 26-193. Street improvements. Sec. 26-194. Future street improvements. Sec. 26-195. Sanitary sewer and water distribution improvements. Sec. 26-196. Public and private utilities. Sec. 26-197. Election by city to install improvements. Sec. 26-198. Railroad crossings. Draft Subdivision Ordinance December 8, 2015 Page 3 26:2 St. Louis Park City Code SUBDIVISIONS § 26-3 ARTICLE I. IN GENERAL Sec. 26-1. Short title. This Cchapter shall be known as the Subdivision Ordinance of the City of St. Louis Park, and will be referred to as "this Cchapter." (Code 1976, § 14-900) Sec. 26-2. Purpose of this Cchapter. In order to safeguard the best interests of the city and to assist the subdivider in harmonizing the subdivider's interests with those of the city at large, the following regulations are adopted so that the adherence to such regulations will bring results beneficial to both parties. It is the purpose of this Cchapter to make certain regulations and requirements for the platting of land within the city pursuant to the authority contained in the state statutes, which regulations the city council deems necessary for the health, safety and general welfare of this community. (Code 1976, § 14-901) Sec. 26-3. Definitions. The following words, terms and phrases, when used in this Cchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words and terms not defined in this section shall have the same meaning as described in the Chapter 36 - zoning chapter of this Code. Base lot means a lot meeting all the specifications within its zoning district prior to being divided into a two-family or cluster housing subdivision. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundaries of the subdivision, or a combination of such streets and subdivision boundaries with a river or lake, public park, railroad rights-of-way or municipal boundaries. Centerline gradient means the distance vertically from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance measured at the street centerline. Combination means the joining of two or more parcels. Comprehensive Pplan means the group of maps, charts and texts adopted by the city council as required by the Metropolitan Land Planning Act that make up the comprehensive long range plan of the city. Design standards means the specifications in this Cchapter for the preparation of plats, both preliminary and final, indicating, among other things, the required minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots. Draft Subdivision Ordinance December 8, 2015 Page 4 Final plat means a drawing or map of a subdivision, approved by the city council and in such form as required by the county for the purpose of recording. Lot means a parcelportion of land created by a platted subdivision for the purpose, whether immediate or future, of transfer of ownership or possession, or for building development which is described by a lot number, block number and subdivision name which is on file with the register of deeds of the county. Lot area, minimum, means the minimum lot area required by the Chapter 36-zoning chapter of this Code. Lot improvement means any building, structure, work of art, or other object, or improvement of the land constituting a physical betterment of real property, or any part of such betterment, or any grading of the lot to prepare for the construction of a building. Certain lot improvements shall be properly bonded as provided in the regulations of this chapter. LSWMP, means the City’s Local Surface Water Management Plan which is on file at the City Engineer’s office. Marginal access street means a local street which is parallel to and adjacent to a major thoroughfare or a railroad right-of-way and which provides access to abutting properties. Outlot means a lot remnant or parcel of land, which is intended as open space, drainage or other use, for which no private development is intended. Boundary changes of an outlot shall not be permitted except by replat. Outlot means a parcel of land subject to future platting prior to development, or a parcel of land which is designated for public or private open space, right-of-way, utilities or other similar purpose. Parcel means a legally defined section of land. Parks and playgrounds means public land and open spaces in the city dedicated or reserved for passive or active recreation purposes. Pedestrianway means a public right-of-way, public easement or private easement to provide access for pedestrians. Phased subdivision application means an application for subdivision approval where the subdivider, pursuant to a specific plan proposes to immediately subdivide the property but will develop it in one or more individual phases over a period of time. A phased subdivision application may include an application for approval of, or conversion to, horizontal or vertical condominiums, nonresidential development projects, planned unit developments, mixed-use projects and residential developments. Plat means the drawing or map of a subdivision prepared for filing of record pursuant to M.S.A. ch. 505 and containing all elements and requirements set forth in this Cchapter. Preliminary plat means a tentative drawing or map of a proposed subdivision meeting the requirements enumerated in this Cchapter. Preliminary plat application means an application submitted to the city in accordance with the provisions enumerated in this Cchapter. Draft Subdivision Ordinance December 8, 2015 Page 5 Premature subdivision means an application for subdivision which cannot be approved until other services are installed or improvements are made to the land. Property line adjustment, means rearranging one or more property lines in such a way that parcels are neither created nor eliminated. Protective covenants means contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. Replat means the combination, recombination or division of one or more lotsparcels or tracts of land which involves land which has previously been platted and which is on file of record with the county pursuant to M.S.A. ch. 505. Any replat unless specifically exempted shall be required to meet all of the requirements of this Cchapter. Right-of-way width means the shortest distance between lines of parcelslots or easements delineating the street rights-of-way. Setback means the shortest distance between a building and the property line nearest thereto. Simple division means the subdivision of a lot or tract into no more than two lots or tracts. Single-family attached housing means cluster housing, duplexes, or townhouses where each unit has a separate entrance and each unit is located on a separate parcel. Sketch plan means a plan, drawn to scale, which indicates the placement of proposed lots, streets, and building pads for the purpose of identifying requirements and limitations imposed by this chapter, the zoning chapter, and other city ordinances as related to the subdivision of property. Steep slope means a natural topographic feature with an average slope of at least 30%. Street width means the shortest distance between face of curb and face of curb, or if a surmountable curb, the shortest distance between the lowest point of each curb on opposite sides of the street. Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the land under this Cchapter. Subdivision means the separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots, or long term leasehold interests, where the creation of the leasehold interest necessitates the creation of streets, roads or alleys, for residential, commercial, industrial or other use, or any combination thereof, except those separations: (1) Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width measured along an existing right-of-way for residential uses and Draft Subdivision Ordinance December 8, 2015 Page 6 five acres or larger in size and 300 feet in width measured along an existing right-of- way for commercial and industrial uses; or (2) Creating cemetery lots; (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. Any division of land so decreed which does not meet zoning chapter the requirements of Chapter 36-zoning for lot area, lot width, or which does not have the required frontage on a public right-of-way is not a buildable parcellot. Subdivision variance means a variance to design provisions of this Cchapter, but not to provisions of Chapter 36-zoning. of the zoning chapter. Townhouses means dwelling units attached in a single structure, each having a separate private entrance from the exterior of the structure (also see the zoning chapter description for cluster housing). Tract means a parcel created by a registered land survey which is described by a tract designation and a Registered Land Survey Number which is on file with the register of deeds of the county. Unit lots means lots created from the subdivision of a two-family dwelling or a townhouse having different minimum lot size requirements than the conventional base lot within the zoning district. Sec. 26-4. Conformance with the Ccomprehensive Pplan. No subdivision shall be approved by the city council which does not conform to the land use designations, objectives, policies or goals of the Ccomprehensive Pplan. Sec. 26-5. Approvals necessary for acceptance of subdivision plats. Before any plat shall be recorded or be of any validity, it shall be referred to the city planning commission for recommendation and approval by the city council as having fulfilled the requirements of this Cchapter. Sec. 26-6. Conditions for recording. No plat of any subdivision shall be entitled to be recorded in the county recorder's office or have any validity until the plat thereof has been prepared, approved and acknowledged in the manner prescribed by this Cchapter and a resolution approving the final plat has been filed with the county. Sec. 26-7. Building permits. No building permits shall be issued by the city for the construction of any building, structure or improvement to the land or to any parcellot in a subdivision, until all requirements of this Cchapter have been fully complied with. No building permits shall be issued for any outlot, except a building permit for public structures if the parcel is in public ownership. Sec. 26-8. Noise control requirement. Reserved. A subdivision may not be approved that would violate Minnesota Rules, chapter 7030. Draft Subdivision Ordinance December 8, 2015 Page 7 Sec. 26-9. Exceptions. Combinations, simple divisions, and property line adjustments. Combinations, simple divisions, and property line adjustments shall follow the application and procedures required by this Chapter for a subdivision unless exempted by this Section in which case the application and procedure for exempt combinations, simple divisions and property line adjustments shall be followed. The following land subdivisions are exempt from articles III and IV of this chapter. Upon request, the zoning administrator shall, within ten days, certify that a proposed subdivision is exempt. (1) Exempt subdivisions. Divisions of land are exempt if all of the following conditions are met: a. The land involved has been previously platted into lots and blocks and is designated in a subdivision plat on file and of record in the office of the county register of deeds or registrar of titles. b. The division involves no more than two previously platted lots. c. The division will not cause the land or any structure on the land to be in violation of this chapter, the zoning chapter of this Code or the building code. d. The subdivision will not involve any new street or road, or the extension of municipal facilities, or the creation of any public improvement. e. The subdivision will not involve any outlot. f. The purpose of the division is to divide a single parcel into two parcels. (2) Procedure for exempted subdivisions. The owners of such lots to be subdivided shall file with the zoning administrator a certificate of survey of the lots to be divided, and pay the required fee, plus any required park dedication. Such certificate of survey shall show the dimensions of the lots, as measured upon the recorded plan, the area of the lots, all corner elevations, all existing structures, including dimensions to existing and proposed property lines, all visible encroachments, all easements of record, and their proposed division. A written description of the separately described tracts which will result from the proposed division shall be included on the survey. If the proposed subdivision complies with all of the requirements of this section, it will be approved by the director of inspections, the planning manager, and the city assessor and forwarded to the county for filing. (a) Exemption. Applications for combinations, simple divisions and property line adjustments shall be exempt from articles III and IV of this Chapter if the following conditions are met: (1) A simple division will result in no more than one additional lot or tract. (2) A combination will combine no more than two parcels. (3) A property line adjustment will relocate a property line without increasing or decreasing the number of parcels. (4) The land involved has been previously subdivided by plat or Registered Land Survey and is on file and of record in the office of the county register of deeds or registrar of titles. (5) The application will not cause the parcel or any structure on the parcel to be in violation of this Code or the building code. Draft Subdivision Ordinance December 8, 2015 Page 8 (6) With the exception of sidewalks or trails, the application will not involve the construction of any new street or road, or the extension of municipal facilities, or the creation of any public improvement. (7) The application does not involve an outlot. (b) Publicly owned property. Simple divisions, combinations, and property line adjustments may be exempt if all of the following conditions are met: (1) The land involved is publicly owned or is about to be acquired by a public entity. (2) The simple division, combination, or property line adjustment will not cause the land or any structure on the land to be in violation of the building code. (c) Applications. Applications for exempt combinations, simple divisions, and property line adjustments shall include the following: (1) A completed application and payment of the required application fee. (2) Certificate of survey, showing at a minimum: a. Dimensions of the existing and proposed parcels. b. The area of the existing and proposed parcels. c. All corner elevations. d. All existing structures, including dimensions to existing and proposed property lines. e. All visible encroachments. f. All easements of record. g. The proposed division. h. The legal description of the existing and proposed parcels. (3) A copy of the deed or title of the property. (c) Review. Applications for exempt combinations, simple divisions, and property line adjustments will be deemed complete when they contain all the required information. Complete applications will be approved by the Director of Inspections, the Planning Supervisor, the Engineering Director, and the City Assessor. Approved applications will be forwarded to the county for filing. Sec. 26-10. Conveyance by metes and bounds. No land shall be conveyedance of land in which the land conveyed is described 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 March 8, 1957. The provision of this section does not apply to the conveyance if the land described: (a) The provision of this section does not apply to the conveyance if the land described: (1) Was a separate parcel of record on March 8, 1957; (2) Was the subject of a written agreement to convey entered into prior to March 8, 1957; (3) Was a separate parcel of not less than 2 1/2 acres in area and 150 feet in width on January 1, 1966; (4) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980; (5) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; or Draft Subdivision Ordinance December 8, 2015 Page 9 (6) 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 two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. (b) 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 platting authority may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Secs. 26-1110--26-40. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT* Sec. 26-41. Nonplatted subdivisions. (a) Registered land surveys. All registered land surveys in the city shall be presented to the planning commission in the form of a preliminary plat in accordance with the standards set forth in this Cchapter for preliminary plats, and the planning commission shall first approve the arrangement, sizes and relationships of proposed tracts in such registered land surveys, and tracts to be used as easements or roads should be so conveyed to the city. Unless a recommendation and approval have been obtained from the planning commission and city council, respectively, in accordance with the standards set forth in this Cchapter, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. (b) Conveyance by metes and bounds. No division of one or more parcels in which the land conveyed is described by metes and bounds shall be recorded if the division is a subdivision. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. (b) Subdivision by metes and bounds. Properties described by metes and bounds shall only be further subdivided by plat. A subdivision described by metes and bounds shall not be approved by the City or recorded at the County. Building permits will be withheld for buildings on tracts which have been subdivided without City approval, and the city may refuse to take over tracts or to improve, repair or maintain any improvements on such tracts. Sec. 26-42. Subdivision Variances; planning commission recommendations; standards. (a) Findings. The planning commission may recommend a variance from the minimum standards of this chapter (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the commission shall prescribe any conditions that it deems necessary or desirable for the public interest. In making its recommendations, the planning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the planning commission finds that all of the following exist: Draft Subdivision Ordinance December 8, 2015 Page 10 (a) Findings. The planning commission may recommend a variance from the minimum standards of this Chapter when, in its opinion, practical difficulties may result from strict compliance. The Planning Commission may not recommend a variance to a procedural provision of this Chapter, or use this provision to recommend a variance to a zoning regulation. In recommending a variance, the commission shall consider: (1) The nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. (21) There are sSpecial circumstances or conditions affecting the property such that the strict application of the provisions of this Cchapter would deprive the applicant/owner of the reasonable use of the land. (32) The impact the variance will have on the public health, safety and welfare of The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the vicinity territory in which the property is situated. (43) Topography, drainage or other naturally occurring characteristics of the land that result in a practical difficulty preventing the land from being used in a manner typical of land within the vicinity. The variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. (5 4) The variance is not contrary to the intent of the Ccomprehensive Pplan. (b) Prescribing Conditions. The Planning Commission and City Council may prescribe any conditions that it deems necessary or desirable for the public interest. (c) City Council Action. After considerations of the planning commission recommendations, the city council may grant variances, subject to subsections (a)(1)--(a)( 45) of this section. (d) Expiration. A variance approved under this section shall expire without further action by the city at such time as the related preliminary plat and/or final plat approval expires. (b) Procedures. (1) Requests for a variance from this chapter shall be filed with the community development director on an application form provided by the city. Such application shall be accompanied by a fee as established by the city council. Such application shall also be accompanied by ten copies of detailed written and graphic materials necessary for the explanation of the request. (2) Upon receiving such application, the community development director shall set a date for a public hearing to coincide with the public hearing for preliminary plat at the planning commission. Notice of such hearing shall be published in the official newspaper at least ten days prior to such hearing, and individual property notices shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property within 500 feet of the parcel included in the request. Draft Subdivision Ordinance December 8, 2015 Page 11 (3) The community development director shall refer the application, along with all related information and report, to the city planning commission along with the request for a preliminary plat. (4) The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed variance request during the public hearing. (5) The planning commission and city staff shall have authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning such variance where such information is declared necessary to ensure preservation of health, safety and general welfare. (6) Within 30 days after the public hearing, the planning commission shall make recorded findings of fact recommending approval or denial of the variance request, together with any conditions of approval it considers necessary to carry out the intent and purpose of this chapter and to protect the public health, safety and welfare. (7) The city council shall not grant a variance until it has received a report from city staff and recommendation from the planning commission or until 60 45 days after the first regular planning commission meeting at which the request was considered. (8) Upon receiving the report and recommendation of the planning commission and city staff, the city council shall place the report and recommendation on the agenda for the next regular meeting or the next meeting at which the preliminary plat is considered. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting. (9) Upon receiving the report and recommendation of the planning commission and city staff, the city council shall make a recorded finding of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. (10) The city council shall decide whether to approve or deny a request for a variance within 30 days after the first regular city council meeting at which the request was considered. (11) A variance of this chapter shall be by majority vote of the full city council. Sec. 26-43. Violations; penalty. (a) Sale of parcelslots from unrecorded plats or registered land surveys. It shall be a misdemeanor to sell, trade or otherwise convey any lot or parcel of land as a part of any registered land survey, plat or replat of any subdivision or area located within the city unless such registered land survey, plat or replat shall have first been recorded in the office of the recorder of the county. (b) Receiving or recording unapproved subdivisionsplats. It shall be unlawful for a private individual to receive or record in any public office any plans, registered land surveys, or plats of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the city, unless the same shall bear thereon, by endorsement or otherwise, the approval of the city council. Draft Subdivision Ordinance December 8, 2015 Page 12 (c) Misrepresentations. It shall be a misdemeanor for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys or avenues of such addition or subdivision or any sewer in such addition or subdivision has been constructed according to the plans and specifications approved by the city council, or has been supervised or inspected by the city, when such improvements have not been so constructed, supervised or inspected. (d) Penalty. Anyone violating any of the provisions of this Cchapter shall be guilty of a misdemeanor. Each day during which compliance is delayed shall constitute a separate offense. Sec. 26-44. Validity of Cchapter provisions. (a) Separability. If any section, subsection, sentence, clause or phrase of this Cchapter is for any reason to be invalid, such decision shall not affect the validity of the remaining portion of this Cchapter. (b) Failure to receive notices. Failure of a property owner to receive a notice shall not invalidate any proceedings as set forth within this Cchapter. Sec. 26-45. Amendment process. No amendment to this Cchapter shall occur without review and recommendation of the planning commission. Secs. 26-46--26-80. Reserved. ARTICLE III. PROCEDURES FOR FILING AND REVIEW Sec. 26-81. Sketch plan. (a) Purpose. In order to ensure that the all applicants are is informed of the procedural requirements and minimum standards of this Cchapter, and the requirements or limitations imposed by other city ordinances, plans and/or policies, prior to the preparation of a preliminary plat, the all applicants shall may present a sketch plan to the community development director prior to submitting an application for a preliminary plat. Similarly, the Community Development Director may require the submission of a sketch plan prior to the submission of a preliminary plat application. (b) Application. Submission of a subdivision sketch plan shall not constitute formal application for plat approval. Approval of the sketch plan shall not be considered binding in regard to subsequent plat review. The Ccommunity Ddevelopment Ddirector, notably in the case of multiphased projects, shall have the authority to refer the sketch plan to the planning commission and/or city council for review and comment. (1) The sketch plan submission shall include, but not be limited to, the following: a. SixAt least 2 copies, and one digital copy of the plat sketch plan at a scale of one inch equals 100 feet or less. The city may require that the sketch plan be provided in metric at a scale not smaller than 1:1200. b. An 8 1/2-inch x 11-inch or 11-inch x 17-inch reduction of the sketch plan. Draft Subdivision Ordinance December 8, 2015 Page 13 c. Payment of plan review fee. d. Escrow deposit to pay review costs of city staff and consultants. (2) The community development director shall review the sketch plat and respond to the applicant within ten business days for a single phase project and 30 calendar days for a multiphased project. Sec. 26-82. Preliminary plat. (a) Filing. At least six Sixteen copies, and one digital copy of the preliminary plat, as specified by section 26-122 at a scale not less than one inch equals 100 feet and one set of reductions no larger than 11 inches x 17 inches shall be submitted to the Ccommunity Ddevelopment Ddirector. The city may require that plans be submitted in metric at a scale not smaller than 1:1200. The subdivider shall also submit mailing labels for all of property owners located within 500 feet of the subject property obtained from and certified by the county auditor's office. The required filing fees, as established by city council resolution, shall be paid, and any necessary applications for variances from the provisions of this Cchapter shall be submitted with the required fee. The preliminary plat application shall be deemed complete when all the information requirements are complied with. (b) Hearing. The planning commission shall hold a public hearing. Notice of the hearing shall consist of a legal property description and description of request and shall be published in the official newspaper of the city at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to all owners of land within 500 feet of the boundary of the property in question. The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. (c) Technical assistance reports. Upon submission of a complete application for a preliminary plat, the Ccommunity Ddevelopment Ddirector shall immediately forward one copy of the plat to the director of public worksEngineering Director, director of inspections, Ffire Cchief, Ppolice Cchief and to the Ccity Aattorney for examination. Written reports or comments shall be made to the community development director. Such reports shall state recommendations for approval or disapproval of the preliminary plat and what changes are necessary or desirable to make such preliminary plat conform to the requirements of this Cchapter coming within the jurisdiction of such officer or department. (d) Review by other commissions or jurisdictions. The Ccommunity Ddevelopment Ddirector shall refer copies of the preliminary plat to the parks and recreation commission, Minnehaha Creek Watershed District, utility companies, other public service agencies, county, metropolitan, state or other public jurisdictions for their review and comment, where appropriate and when required. (e) Planning commission action. The planning commission shall make a recommendation to the city council following the close of the public hearing. If the planning commission has not acted upon the preliminary plat within 45 days following official receipt by the city of a preliminary plat application, completed in compliance with this Cchapter, the city council may act on the preliminary plat without the planning commission's recommendation. (f) City council action. (1) The city council shall approve or disapprove the preliminary plat within 120 days following receipt by the city of an application for a preliminary plat completed in compliance with this Cchapter unless an extension of the review period has been Draft Subdivision Ordinance December 8, 2015 Page 14 agreed to by the applicant. If a motion for approval of the preliminary plat fails, the preliminary plat shall be considered denied. The city council may impose conditions and restrictions on the preliminary plat which are deemed appropriate. (2) If the preliminary plat is not approved by the city council, the reasons for such action shall be recorded in the proceedings of the city council. If the preliminary plat is approved, such approval shall not constitute final acceptance of the design. Subsequent approval of the final plat by the city council will be required, including approval of the engineering proposals and other features and requirements as specified by this Cchapter to be indicated on the final plat. The city council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare and convenience of the city. (3) If the preliminary plat is approved by the city council, the subdivider must submit the final plat within 180 90 days after such approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing within 180 90 days and approved by the city council. Sec. 26-83. Final plat. (a) Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in this section. At least three Ten copies, and one digital copy of the final plat at a scale no smaller than one inch equals 100 feet, plus one reduction no larger than 11 inches x 17 inches shall be submitted to the Ccommunity Ddevelopment Ddirector for distribution to appropriate city staff, the planning commission and the city council. The city may require that the final plat be submitted in meters at a scale no smaller than 1:1200. The final plat application shall be deemed complete when all the information requirements, documents and applicable fees enumerated in this Cchapter have been submitted. (b) Staff review. The city staff shall examine the final plat and prepare a recommendation to the planning commission. (c) Planning commission review. The planning commission shall review the final plat within 30 days of the submittal of a complete application. The planning commission shall review the final plat for conformance with the preliminary plat and shall make recommendation to the city council. (d) Approval by the city council. If accepted by the city council, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the city council. If denied, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the city council. If a motion for approval of the final plat fails, the final plat shall be considered denied. (e) Special assessments. When any existing special assessments which have been levied against the property described shall be divided and allocated to the respective parcellots in the proposed subdivisionplat, the city assessor shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the county auditor, and making such division and allocation, and upon approval by the city council of such cost, the same shall be paid to the Ccity Cclerk before the final subdivisionplat approval. If the final subdivisionplat is denied, 100 percent of these costs shall be reimbursed to the applicant. (f) Recording final subdivisionplat. If the final plat is approved by the city council, the subdivider shall record it with the county recorder within one year six months after the approval or Draft Subdivision Ordinance December 8, 2015 Page 15 the approval of the final plat shall be considered void,. At any time, before or after the one year expiration date, the subdivider may request an extension. The request for extension shall be reviewed by the City Council. If approved, the City Council shall establish a new deadline for recording the plat. If denied, then the plat shall be considered void, and extensions shall no longer be considered. unless a request for time extension is submitted in writing prior to the six-month deadline and approved by the city council. The subdivider shall, immediately upon recording, furnish the Ccity Cclerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also provide a copy of the final plat on disc in an electronic data format. No building permits shall be let for construction of any structure on any lot in the plat until the city has received evidence of the plat being recorded by the county. In addition, no erosion control permits shall be issued and no utility work or public improvements shall begin until the city has received evidence of the filing of such final plat, or all of the following conditions have been met: (1) The final plat is approved by the city council. (2) A developer's agreement is executed and financial security is in place as required. (3) A final grading plan is approved by the Engineering Ddepartment. (4) An erosion and sediment control plan is approved by the public worksEngineering Ddepartment. (5) A final tree replacement and preservation plan is approved by staff as required. (6) If utility work is requested, final utility plans are approved by the inspections and public worksEngineering Ddepartment. (7) If construction of public utilities is requested, final construction documents are approved by the public worksEngineering Ddepartment. (8) The city receives a copy of the watershed district permit approving the project. Furthermore, that the developer shall accept all risk associated with site work undertaken prior to recording of the final plat, and that any trees removed shall be replaced in accordance with the city's tree replacement and protection preservation ordinance, regardless of whether the site is developed. (g) Recording final plats of multiphased plats. If a preliminary plat is final platted in stages, unless otherwise provided in the development agreement, all stages must be final platted into lots and blocks, not just outlots, within two years after the preliminary plat has been approved by the city council or the preliminary plat of all phases not so final platted within the two-year period shall be void. (h) Simultaneous filing. The city may agree to review the preliminary and final plats simultaneously. Sec. 26-84. Premature subdivisions. (a) Deemed premature. Any subdivision deemed premature pursuant to the criteria listed in this section shall be deemed an incomplete application and shall be denied by the city council. Draft Subdivision Ordinance December 8, 2015 Page 16 (b1)Condition establishing premature subdivisions. A subdivision shall be deemed premature should any of the following provisions exist: (1)a. Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if the proposed subdivision does not conform to the city's LSWMPwater resource management plan. (2)b. Lack of adequate water supply. A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. (3)c. Lack of adequate roads or highways to serve the subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when: a1. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and/or horizontal alignment, site distance, and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition, or when, with due regard to the advice of the county and/or the state department of transportation, as appropriate, such roads are inadequate for the intended use. b2. The traffic volume generated by the proposed subdivision would create unreasonable roadhighway congestion or unsafe conditions on roadshighways existing at the time of the application or proposed for completion within the next two years. c3. The traffic volumes generated by the proposed subdivision exceed those established by any joint powers agreements with other jurisdictions or the travel demand management districts established in Chapter 36 – zoning of this code. the city's zoning chapter. (4)d. Lack of adequate sanitary sewer systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five years. (5)e. Inconsistency with capital improvement plans. A proposed subdivision shall be deemed inconsistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have not been programmed in the city, the county or other regional capital improvement plans. The city council may waive this criteria when it can be demonstrated that a revision to capital improvement programs can be accommodated or the subdivider agrees to provide the needed improvements. (c2) Regional system service inadequacies. (1)a. Existing conditions. A subdivision may be deemed premature if any of the following conditions set forth are found to exist: Draft Subdivision Ordinance December 8, 2015 Page 17 a1. The regionally controlled metropolitan sanitary sewer interceptors or wastewater treatment facilities are classified as having inadequate capacity to provide service within the standards of recognized public health and safety. b2. Regional transportation systems are deemed as inadequate to provide service levels within standards of recognized public safety. c3. Storm drainage systems under the jurisdiction of regional watershed districts, the Army Corps of Engineers, the state department of natural resources, state department of transportation, or other such responsible jurisdictions are inadequate to provide service levels within standards of recognized public health and safety or any required permits are denied by these jurisdictions. (2)b. City liability exemption. The city shall be exempted from any liability associated with the preliminary plat, final plat, development agreement or building permit denials, based upon factors and conditions related to regional governmental agency and unit jurisdictions and related service inadequacies. (d3)Burden of establishing. The burden shall be upon the applicant to show that the proposed subdivision or development is not premature. Secs. 26-85--26-120. Reserved. ARTICLE IV. PLAT AND DATA REQUIREMENTS Sec. 26-121. Sketch plan. (a) Sketch plan. Sketch plans shall contain, at a minimum, the following information: (1) Plat boundary. (2) North arrow. (3) Scale. (4) Street layout on and adjacent to the plat. (5) Designation of land use and current or proposed zoning. (6) Significant topographical or physical features. (7) General lot locations and layout. (b8) Preliminary evaluation. Determination by the Community Development Director Preliminary evaluation by the applicant that the subdivision is not classified as premature based upon criteria established in section 26-84. Sec. 26-122. Preliminary plat. (a) Preliminary plat submittal. The subdivider shall prepare and submit an application for all phases of the proposed subdivision that includes the preliminary plat drawing, preliminary utility plan, preliminary grading plan and preliminary tree preservation plan, together with any necessary Draft Subdivision Ordinance December 8, 2015 Page 18 supplementary information, mailing labels and required fees. The plans shall display dimensions in English and, if required, metric, and shall contain the information set forth in the subsections which follow: (b) Preliminary plat application. The following must accompany the preliminary plat drawing at the time of application: (1) Identification of portions of property that are registered (torrens). A copy of the certificate of title shall accompany the preliminary plat application. (2) Names and addresses of all persons having property interest and names, addresses, and registration numbers of: a. The developer; b. Architect; c. Landscape architect; d. Engineer; and e. Surveyor. (c1)Preliminary plat drawing. (1)a. Legal description of lands to be subdivided. (2)b. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions within the county. (3)c. Location of boundary lines in relation to a known section, quarter section or quarter- quarter section lines comprising a legal description of the property. (4)d. Graphic scale of plat, not less than one inch to 100 feet or in metric, 1:1200. (5)e. Date and north arrow. (6)f. Existing conditions: a1. Boundary lines, boundary line dimensions, and total acreage of proposed plat, clearly indicated. b2. Existing zoning classifications for land within and abutting the subdivision, including shoreland zoning boundaries or overlay zoning districts, if applicable. c3. The boundaries of any wetlands or floodplains within the proposed plat, clearly indicated. d4. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the parceltract and to a distance of 150 feet beyond the parceltract. e5. Boundary lines of adjoining unsubdivided or subdivided land, within 150 feet, identified by plat name or ownership, including all contiguous land owned or controlled by the subdivider. (7)g. Proposed design features: a1. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical street sections, and proposed 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 a logical extension of an already named street, in which event the same name shall be used. The proposed street name shall not include the word "park." The city council may reject any proposed street name it deems inappropriate. b2. Locations and widths of proposed alleys and pedestrianways. c3. Location, dimension and purpose of all existing and proposed easements, both public and private. Draft Subdivision Ordinance December 8, 2015 Page 19 d4. Layout, numbers, lot areas and lineal dimensions of lots and blocks, to a degree of accuracy necessary to determine zoning chapter compliance with Chapter 36 - zoning. e5. Minimum front, side street, interior side and rear building setback lines. f6. The lot width at the building setback line. g7. Areas, including streets, alleys, pedestrianways, bikeways, parks and utility easements intended to be dedicated or reserved for public use, including the size of such areas in acres. (2) Preliminary plat application. The following must accompany the preliminary plat drawing at the time of application: a. Identification of portions of property that are registered (torrens). A copy of the certificate of title shall accompany the preliminary plat application. b. Names and addresses of all persons having property interest and names, addresses, and registration numbers of: 1. The developer; 2. Architect; 3. Landscape architect; 4. Engineer; and 5. Surveyor. (d3) Preliminary grading plan. The developer shall submit a preliminary grading and drainage plan which must include the following information: (1)a. North arrow, scale (not less than one inch = 100 feet, or if in metric, 1:1200), and legend. (2)b. Lot and block numbers, house pad location, home style and proposed building pad elevations at garage slab and lowest floor for each lot. (3)c. Topography in two-foot contour intervals with existing contours shown as dashed lines and proposed contours as solid lines. Existing topography shall extend 150 feet outside of the parcel tract. (4)d. Location of all natural features on the parceltract and to a distance 150 feet from the parceltract. Natural features are considered to include, but are not limited to, the following: tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. (5)e. Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales and drainage channels within 150 feet of the parceltract. Existing pipe grades, rim and invert elevations, and normal and high water elevations must be included. (6)f. If the plat is located within or adjacent to a 100-year floodplain, flood elevations and locations must be clearly shown on the plan. (7)g. Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage. Draft Subdivision Ordinance December 8, 2015 Page 20 (8)h. Locations, grades, rim and invert elevations of all storm sewer facilities, including ponds, proposed to serve the parceltract. (9)i. Locations and elevations of all street high and low points. (10)j. Street grades shown, with a maximum permissible grade of ten percent and a minimum of 0.5 percent. (11)k. Phasing of grading. (12)l. The location of all oversize nontypical easements. (e4) Erosion control plan. This plan shall incorporate the elements as required by Chapter 12- Environment and Chapter 36-Zoning. the Zoning chapter. (f5) Tree replacement and protection preservation plan. This plan shall incorporate the elements as required by Chapter 36-Zoning. the zoning chapter. (g6) Preliminary utility plan. (1)a. Easements. Location, dimension and purpose of all proposed easements. (2)b. Underground facilities. Location and size of existing sewers, water mains, culverts or other underground facilities within the parceltract and to a distance of 150 feet beyond the parceltract. Such data as grades, invert elevations and location of catchbasins, manholes, gateways, and hydrants shall also be shown. (3)c. Sanitary sewer facilities. Locations, grades, rim and invert elevations, and sizes of all proposed sanitary sewer facilities to serve the tract. (4)d. Hydrants and valves. Location, type and style of all proposed hydrants and valves for the proposed water mains. (h7) Preliminary landscape plan. This plan shall show the proposed tree replacement and landscape requirements set forth in Chapter 36-Zoning. the zoning chapter. (i8) Statement of proposed use. A statement of the proposed use of the land including the type of residential buildings, proposed number of dwelling units, and type of business or industry. This shall be used to determine whether existing roadways and utilities have the capacity to accommodate the development. (j9) Supplementary information. Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the city staff, consultants, advisory bodies and/or city council. (1)a. Existing conditions to a distance of up to 500 feet from the proposed subdivision tract, including such features as structures, street rights-of-way, natural features, topographical contours, etc. (2)b. Proposed protective covenants, deed restrictions, and commons areas. (3)c. Soil borings atfor locations within the proposed subdivision prepared by a qualified person. Draft Subdivision Ordinance December 8, 2015 Page 21 (4)d. A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density and spacing. (5)e. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestion of population. (6)f. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any right in the applicant. If appropriate zoning is not in place, the preliminary plat is deemed to be immature and shall be denied by the city council. g. The subdivider shall be required to submit a sketch plan of adjacent properties so as to show the possible relationships between the proposed subdivision and future subdivisions. All subdivisions shall be required to relate well with existing or potential adjacent subdivisions. (7)h. Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future. (8)i. When the city has agreed to install improvements in a development, the developer will be required to furnish a financial security satisfactory to the city. (9)j. House plans which demonstrate lots to be buildable and the resulting structures compatible in size and character to the surrounding area. (10)k. A comprehensive screening plan which identifies all proposed buffering and screening in both plan and sectional view. (11)l. Preliminary traffic analysis: Analysis shall cover all roadways which will be affected by the proposed plat, including traffic capacities at intersections, current traffic counts, traffic projections from the proposed development, and necessary roadway improvements to accommodate the proposed development. (12)m. Other information deemed appropriate by the city. Sec. 26-123. Final plat. (a) Final plat submittal. The owner or subdivider shall submit a final plat, final grading, development, and erosion control plan, final utility plan, final tree preservation plan, final landscape plan, and other documents as described in this section, together with any necessary supplementary information. (b) Final plat application. The following information shall be submitted as part of the final plat application. All plans shall be prepared in accordance with current city specifications: (1) Final grading plan. (2) Site development plan. (3) Erosion control plan. (4) Final utility plan. Draft Subdivision Ordinance December 8, 2015 Page 22 (5) Final landscape plan. (6) Final tree replacement and protection plan. (7) A title report prepared by a title company indicating owners and encumbrances on the property and a statement as to which parts of the property are registered (torrens). (8) Address map. (9) Any supplementary information which may be required. (c1) Final plat drawing. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of state statutes and county regulations, and shall contain the following information: (1)a. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. (2)b. Location by section, township, range, county and state, including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable closure error of any portion of a final plat shall be one foot in 7,500 feet. (3)c. The location and description of all monuments. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. (4)d. Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points of curve to lot lines. (5)e. Lots and outlots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block. (6)f. The exact locations, widths and names of all streets to be dedicated. (7)g. Location, width and type of all easements to be dedicated. (8)h. Name and registration number of land surveyor making the plat. (9)i. Scale of the plat shall be 20, 30, 40, 50, 60 or 100 scale, if in English, with the scale written and shown graphically on a bar scale along with the date and north arrow. If the city requires the plat in a metric, acceptable scales shall be provided by the city. (10)j. Title information required on final plat: a1. Statement dedicating all easements as follows: "Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the areas marked `drainage and utility easements'." b2. Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: "Streets, alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated." c3. Space for certification by the following parties (to be certified by appropriate parties prior to the city signing the final plat): 1i. Registered surveyor, in the form required by M.S.A. § 505.03, as amended. Draft Subdivision Ordinance December 8, 2015 Page 23 2ii. Execution of all owners of any interest in the land, any holders of a mortgage thereon, of the certificates required by M.S.A. § 505.03, as amended, and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the city council. 3iii. Certificates of approval and review to be filled in by the signatures of the mayor and city clerk. The form of approval of the city council is as follows: Approved by the city council of the City of St. Louis Park, Minnesota. This ________ day of _____________, 20________ Signed ___________________________ Mayor Attest, ___________________________ City Clerk Dated this ________ day of ________, 20________ (2) Final plat application. The following information shall be submitted as part of the final plat application. All plans shall be prepared in accordance with current city specifications: a. Final grading plan. b. Site development plan. c. Erosion control plan. d. Final utility plan. e. Final landscape plan. f. Final tree preservation plan. g. A title report prepared by a title company indicating owners and encumbrances on the property and a statement as to which parts of the property are registered (torrens). h. Address map. i. Any supplementary information which may be required. (d3) Title insurance. Prior to the city signing the final plat, the developer shall submit an owner's policy of title insurance which insures the city's interests in the plat, i.e. publicly dedicated streets, sidewalks, easements and the like. Sec. 26-124. Address map.Reserved. (a) Address map required. With submission of the final plat, the applicant shall submit to the community development director ten copies of the plat map showing all addresses on the plat correctly labeled in conformance with all applicable county and city ordinances and policies, which shall subsequently be distributed to the utility companies and local school districts. The zoning administrator shall supply the applicant with addresses for the new plat. Sec. 26-125. Engineering standards for final grading, development and erosion control plans. (a) Final grading plan required. The final grading, development and erosion control plan shall contain and comply with the following information and standards: Draft Subdivision Ordinance December 8, 2015 Page 24 (1) North arrow. (2) Scale: The scale on the plan must be one of the following, if in English: 1 inch 20 feet 1 inch 30 feet 1 inch 40 feet 1 inch 50 feet Scale to be shown graphically on a bar scale. (3) Symbol key: Key with all line types, symbols, shading and crosshatching denoted. (4) Illustration key: Illustration key showing symbols for all information pertaining to lot and house design, including grades, easements, lot and block, setbacks, etc. (5) Benchmark: The benchmark provided must be based upon the city/county benchmark system established in 1990. Copies of level loops for newly established benchmarks must be provided with the initial submittal of the grading plan. (6) Lines: Subject property's boundary lines, lot lines and right-of-way lines. (7) Adjacent area information: All adjacent plats, parcels, rights-of-way, section lines and existing topography extended a minimum of 150 feet beyond the subject parcel in all directions. (8) Topography: Topography in two-foot contour intervals with existing contours shown as dashed lines and proposed contours shown as solid lines. All existing and proposed contours labeled at each edge of the plan and at appropriate locations within the plan. (9) Natural features: Locations of all existing natural features must be clearly shown. Natural features are considered to include, but are not limited to, the following: tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. (10) Storm sewers: Location of existing storm sewer facilities within 150 feet of the subject parcel. (11) Flood elevations: If the property is within or adjacent to a 100-year floodplain, flood elevations and locations must be clearly shown on the plan. (12) Total area: Total area of plat, each lot, outlot and ponding area denoted on plan (tabulation permitted). (13) Direction arrows: Direction arrows indicating site, swale and lot drainage patterns. Spot elevations must be provided at drainage break points. (14) Slope: Maximum slopes created by grading shall be 3:1, except where slopes meet a water body, then the maximum is 4:1. Existing grades which exceed 3:1 may be preserved. (15) Numbers: Lot and block numbers. (16) Lot corners: Proposed lot corner elevations. Draft Subdivision Ordinance December 8, 2015 Page 25 (17) Names: Street names. (18) Emergency overflow swales: Emergency overflow swales located, labeled and spot elevations. Rear or side lot line swales minimum one percent grade sandy soils, and 1.5 percent grade clay soils. (19) Grades: Percent grades indicated along major drainage swales (more than 12 lots). (20) Proposed elevations: Proposed elevations at garage floor and lowest floor elevation. Proposed finished ground elevations around home for final grading. The top of the foundation and garage floor of all structures shall be a minimum of 18 inches above the grade of the crown (center) of the street. (21) Style of home: Style of home indicated for each lot, e.g., rambler, split level, walkout, full basement, etc. (22) Building footprints for each lot. (23) High and low points: Finished spot elevations at all high and low points. (24) Cul-de-sac: Locations of all temporary cul-de-sac. (25) Storm sewers: Locations of all proposed storm sewer facilities. (26) Drainage: Maximum of 600 lineal feet of drainage from rear yard areas permitted. Rear yard catchbasins must be installed at the 600-foot mark, or as determined by the director of public worksEngineering Director. (27) Draintile: Location of proposed draintile including cleanout locations and inverts of services to each lot (five feet from the lot line on the downstream side of the lot). Invert information is required only if depth of tile is other than 36 inches city standard depth. (28) Utility easements: Location of all oversized drainage and utility easements. (29) Ponds: All existing and proposed ponds must have normal water level (NWL), 100- year high water level (HWL) shown and total volume (acre feet) of stormwater retention indicated above the NWL. (30) Inlets and outlets: Invert elevation of inlets and outlets into ponds. (31) Tree protectionpreservation: Location of tree protection preservation fencing and limits of clearing and grading clearly shown on plans. (32) Mass grading: Designation of lots to be mass graded and custom graded. (33) Erosion control: Location and details of all structural erosion control measures including, but not limited to, the following: temporary gravel construction access roads, temporary and permanent sediment basins, silt fence, staked bales, storm sewer inlet filters, rock filter dikes, storm sewer outlet protection, erosion control mats, fiber blankets and nettings. (34) Soil stockpiling: Locations of soil stockpile areas with temporary stabilization measures indicated. (35) Seeding: Seeding specifications, including: a. Type of seeding (permanent, temporary, dormant); Draft Subdivision Ordinance December 8, 2015 Page 26 b. Type of seed and application rate; c. Fertilizer type and application rate; d. Mulch type, application rate and method of anchoring; e. Specifications for the installation and maintenance of erosion control mats, blankets or netting; f. Note requiring seeding to be completed within 48 hours of rough grading with revegetation to occur within 48 hours of fine grading. (36) Lot benching: Standard lot benching detail must be provided. (37) Detail plates: Standard detail plates and maintenance information for each of the measures in this section used must also be included. (38) Grading plan: Requirements for certified grading plan: a. A certified plan must be submitted within 30 days of grading completion. b. The "as constructed" grading plan must include certification by a registered land surveyor or engineer that all ponds, swales and drainageways have been constructed on public easements or land owned by the city. c. The "as constructed" grading plan shall include field verified elevations as the following: 1. Cross sections of ponds. 2. Location and elevations of all swales, drainageways and emergency overflows. 3. All lot corners and center of house pads. Secs. 26-126--26-150. Reserved. ARTICLE V. DESIGN STANDARDS Sec. 26-151. Consistency. Preliminary and final plats may only be approved if they are consistent with the city's Ccomprehensive Pplan and Chapter 36-Zoning. zoning chapter. Preliminary plats may not be approved prior to adoption of any Ccomprehensive Pplan or Chapter 36 – Zoning zoning chapter changes necessary for final plat approval. Sec. 26-152. Blocks and lots. (a) Blocks. (1) Length. In general, intersecting streets determining block lengths shall be provided at such intervals so as to serve cross traffic adequately and to meet existing streets. Where no existing plats control, blocks should not exceed 600 feet nor be less than 300 feet in length, except where topography or other conditions justify a departure from this maxim. In blocks longer than 300 feet, pedestrianways or easements at least ten feet in width through the block may be required near the center of the block. The optimum block shall have a perimeter of 1300 feet. Draft Subdivision Ordinance December 8, 2015 Page 27 (2) Width. The width of the block shall normally be sufficient to allow two tiers of lots of appropriate depth except where blocks abut a railroad or major thoroughfare where it may have a single tier of lots. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. (b) Lots. (1) Area and configuration. The minimum lot area, width and depth shall not be less than that established by the Chapter 36 – Zoning zoning chapter in effect at the time of adoption of the final plat. The minimum lot width established by the zoning chapter shall occur at the front setback line and shall be maintained for a continuous one-third of the lot depth. a. Easements established over wetlands and regional utility lines shall be excluded from the calculation of minimum lot area. b. The minimum lot width established by Chapter 36 - Zoning shall occur at the front setback line and shall be maintained for a continuous one-third of the lot depth. (2) Corner lots. The minimum width for a corner lot in residential use shall be ten feet wider than that required for interior lots. (3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. (4) Frontage. Every lot must have frontage on a city-approved right-of-way other than an alley and have the minimum width measured at the setback line as required in Chapter 36 – Zoning the city zoning chapter. (5) 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 Chapter 36 – Zoning the city zoning chapter, as may be amended. (6) Build to lines. Build to lines shall be shown on all lots located in those areas where applicable as determined by the Ccomprehensive Pplan or Chapter 36 – Zoning. zoning chapter, as may be amended. (7) Watercourses. Lots abutting a watercourse, wetland, ponding area, drainageway, channel or stream shall have additional depth of at least 30 feet to accommodate easements for public trails and erosion control devices. Buildings shall also conform to any requirements of Chapter 36 – Zoning the zoning chapter for floodplain or other setback requirements. No part of any lot shall be platted within the floodway unless such floodway is left in its natural state, and no clearing, filling, grading, or other changes in the natural contours shall be done except that required or authorized under the subdivision contract or by conditional use permit. (8) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as topography, tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. The subdivision shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion and minimize slopes for roads, sidewalks and trails. Draft Subdivision Ordinance December 8, 2015 Page 28 (9) Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger parceltract must be added to adjacent lots, rather than allowed to remain as unusable parcels, unless the land is required for public purpose, is designated as an outlot, and has access from a public street. (10) Political boundaries. No plat shall extend over a political boundary. No single lot shall extend over a school district boundary. (11) Frontage on two streets. Double frontage, or lots with frontage on two parallel streets, shall not be permitted except: where lots back on major collector or arterial streets, county or state highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall adhere to the following requirements: a. Lot depth. Double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screening along the back lot line. To ensure adequate depth for such screening, except as may be approved by the city council, the following minimum depth requirements shall be required for double frontage lots: District Minimum Lot Depth (feet) R-1 low density single-family 140 R-2 single-family 140 R-3 two-family 140 b. Screening. All screening requirements as regulated Chapter 36 – Zoning by the zoning chapter are satisfactorily met. (12) Lots abutting collector or arterial streets. Turnaround access. Where proposed residential lots abut a collector or arterial street, alleys shall be encouraged for access to off-street parking areas and garages. Where alleys are not feasible, driveways shall have shared access and vehicle turnarounds so that vehicles do not back onto the street. (13) Buffer side yards. a. In the case of side yards involving single-family residential lots which abut major collector or arterial streets, except as may be approved by the city council, lot widths shall be increased at least ten feet above the minimum lot width for the purpose of establishing buffers along the lot line bordering such streets. b. Buffering of side yards bordering major collector or arterial streets shall comply with the requirements as established by Chapter 36 – Zoning. the zoning chapter. (14) Irregular shaped lots. On single-family residential lots which are not rectangular in shape, 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. (15) Required yard setback infringements. All single-family, two-family and cluster housing residential lots shall be designed in consideration of potentials for to accommodate buildings such as accommodating two-car garages, porches and decks, Draft Subdivision Ordinance December 8, 2015 Page 29 etc. Such buildings and structures shall be compatible in character with the surrounding area. Sec. 26-153. Streets and alleys. (a) Generally. There shall be a continuous network of streets and alleys within the subdivision which connect with existing streets and alleys. (b) Streets and alleys. Streets and alleys shall be constructed according to the standards and specifications on file in the City Engineers office. (c) Streets, continuous. Except for dead-end streets, aAll streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided parcelstracts, or shall be a reasonable projection of streets in the nearest subdivided parcelstracts. 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 stormwater runoff, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. (d) Dead-end streets/alleys. (1) Prohibited. Dead-end streets (temporary or permanent) without turnarounds shall be prohibited. (2) Criteria for construction. Permanent dead-end streets or alleys shall be allowed only where one or more of the following criteria have been met: a. Area topography or other physical site conditions warrant a dead-end street or alley. b. A through street or alley is not physically feasible or desirable due to environmental considerations. (3) Requirements. Permanent dead-end streets or alleys shall not be longer than 500 feet including a terminal turnaround which shall be provided at the closed end. The turnaround design shall be approved by the Engineering Director. (e) Temporary dead-end streets. 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 intersection, a temporary turnaround 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 street right-of-way. Security will be required for removal or restoration as determined by the Engineering Director. (fc) Street plans for future subdivisions. Where the plat to be submitted includes only part of the parceltract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (d) Temporary dead-end streets. 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 intersection, a temporary turnaround 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 Draft Subdivision Ordinance December 8, 2015 Page 30 temporary roadway easement if it is located outside street right-of-way. Security will be required for removal or restoration as determined by the director of public works. (ge) Provisions for resubdivision of large lots and parcels. When a parceltract is subdivided into larger than normal building lots or parcels, such 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 such resubdivision. (hf) Street intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be 80 degrees. Street intersection jogbs with an offset of less than 125 feet shall be avoided. (ig) 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 or thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of- way; provided, however, that due consideration is given to proper circulation design, or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths. (jh) Sidewalks and multipurpose trailways. All new sidewalks and multipurpose trailways shall be funded consistent with the city's policies and shall be accessible by handicapped persons in accordance with M.S.A. § 471.464. (1) Location. Sidewalks or multipurpose trailways shall be provided on both sides of existing and new streets internal to the subdivision, and on the side of existing or new streets adjacent to the subdivision. both sides of all public streets whether existing or new. Sidewalks shall be provided on at least one side of all dead end streets and private streets. Multipurpose trailways shall be installed in areas identified by the Sidewalk and Trailway Plan, in some instances, the trailway may not be located adjacent to a street. comprehensive plan. (2) Sidewalk and trailway specifications widths. All sidewalks and trailways shall be constructed of concrete and shall conform to the specifications on file at the City Engineers Office and conform to the design standards in the Sidewalk and Trailway Plan. following minimum widths for all new plats: Land Use Street Type Width (feet) Single-family residential Private 5 Single-family residential Local 5 Single-family Collector, arterial 5 Multifamily residential All 6 Cluster housing Private 5 Cluster housing Local 5 Cluster housing Collector, arterial 6 Commercial All 6-8 Draft Subdivision Ordinance December 8, 2015 Page 31 Industrial All 6 (3) Multipurpose trailways widths. In new plats, unless otherwise directed by the city council, all multipurpose trailways identified by the city's comprehensive plan shall have a minimum width of eight feet and be constructed of bituminous materials. Sufficient area shall be designated on both sides of the multipurpose trail to allow for snow storage and landscaping. (4) Grade. Sidewalks shall slope one-quarter inch per foot away from the property line. (3) Dedication in lieu of construction. In lieu of installing a sidewalk or trailway, the city may require, at its discretion, a cash contribution in an amount listed in the schedule of fees attached as appendix A of this Code. (i) Bicycle lanes. Bicycle lanes shall be encouraged on all streets where either current or projected traffic volumes exceed an average of 3,000 cars per day. (kj) Service access; alleys. Service access shall be provided in commercial and industrial districts for off-street loading, unloading and parking consistent with and adequate for the uses proposed. Alleys shall be encouraged for access to parking in all areas. Alleys, where provided, shall meet the design standards indicated in subsection (s) of this section, street sections. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end. Alleys, where provided, shall meet the design standards on file at the Engineering Department. (k) Half-streets. Dedication of half-streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of the regulations of this section, or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided. (l) Curb and gutter. Curb and gutter shall be included as a part of the required street surface improvement and shall be designed for installation along both sides of all roadways in accordance with the standards of the city. (lm)Compliance with the county transportation plan. All subdivisions incorporating streets which are identified in the county transportation plan, as amended, shall comply with the minimum right-of-way, surfacedstreet width and design standards, as outlined in such plan, and must be reviewed and approved by the county. (n) Street grades. Except when, upon the recommendation of the director of public works, the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local streets and alleys in any subdivision shall meet those requirements indicated in subsection (s) of this section, street sections. (o) Curb radius. The curb radii for thoroughfares, collector streets, local streets and alleys shall be approved by the public works director. Curb radius for driveways and alleys shall be five feet, except where an alley intersects with another alley and then the curb radius shall be 25 feet. (p) Reverse curves. Minimum design standards for collector and arterial streets shall comply with Minnesota State Aid Standards. (mq)Reserve strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the city council. Draft Subdivision Ordinance December 8, 2015 Page 32 (nr) Street right-of-way widths. Street right-of-way widths shall conform with those requirements indicated in subsection (s) of this section, the street sections on file in the Engineering Department., for each of the following designated streets: Street Classification Street section High-density minor arterial Low-density minor arterial C-70, C-110 Major collector C-70, C-110 Minor collector R-60, R-75, C-70 Local streets R-50, R-60, R-75, C-70 Private streets R-22, R-22A, R-50, R-60 Alleys A-22-R, A-26-R, A-30-C (s) Street sections. The street section shall comply with design standards as set forth in this chapter. Typical street sections for various types of development are specified in this subsection. All street designs shall reflect projected traffic volumes and are subject to the review and approval of the director of public works. Land Use Allowable Street Type Single-family attached A-22, A-26, R-24-P, R-24-AP, R-50, R-60, R-75 Single-family detached R-50, R-60, R-75 Multifamily residential A26-R, A30-C, R-60, R-75 Commercial A-30-C, C-70, C-110 Industrial A-30-C, C-70, C-110 Alleys (Lanes) Center Line Gradients Minimum……..0.5% Maximum……8.0% Draft Subdivision Ordinance December 8, 2015 Page 33 Draft Subdivision Ordinance December 8, 2015 Page 34 Private Residential Streets Center Line Gradients Minimum……0.5% Maximum…...6.0% Draft Subdivision Ordinance December 8, 2015 Page 35 Residential Streets Center Line Gradients Minimum……0.5% Maximum…...6.0% Draft Subdivision Ordinance December 8, 2015 Page 36 Draft Subdivision Ordinance December 8, 2015 Page 37 Commercial Streets Center Line Gradients Minimum……0.5% Maximum…...4.0% Type C-110 Draft Subdivision Ordinance December 8, 2015 Page 38 Draft Subdivision Ordinance December 8, 2015 Page 39 (t) Street trees. Street trees shall be planted in accordance with provisions of the zoning chapter. (u) Seeding or sodding. Any areas disturbed within the street right-of-way, at the time of construction, shall be restored with a minimum of four inches of topsoil and shall be seeded or sodded as directed by the director of public works. (v) Cul-de-sac/dead-end streets. (1) Prohibited generally. Dead-end streets (temporary or permanent) without cul-de-sac shall be prohibited. (2) Criteria for construction. Permanent dead-end streets shall be allowed only where one or more of the following criteria have been met: a. Area topography or other physical site conditions warrant a dead-end street. b. A through street is not physically feasible or desirable due to environmental considerations. (3) Requirements. Permanent dead-end streets shall not be longer than 500 feet including a terminal turnaround (cul-de-sac) which shall be provided at the closed end. The cul-de- sac shall have a right-of-way diameter not less than 80 feet and a paved roadway of not less than 70 feet from face of curb to face of curb. (ow) Water supply. Water mains shall be provided to serve the subdivision by extension of an existing public water supplycommunity system wherever feasible. Service connections shall be stubbed into the property line and all necessary fire hydrants, as required by the Ffire Cchief, shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the design standards as approved by the Engineering Directordirector of public works and in accordance with the city's comprehensive water plan. (px) Sewage disposal, public. Sanitary sewer mains and service connections shall be installed in accordance with the design standards of the city as approved by the Engineering Director director of public works. Sec. 26-154. Easements. (a) Width and location. An eEasements for utilities at least ten feet in total width shall be provided along all lot lines. The easements shall be at least 10 feet wide along all street right-of- ways and five feet wide along all interior lot lines, except that the Engineering Director may increase or decrease the width of the easements as required to facilitate existing or proposed developments. If necessary for the extension of main water or sewer lines or similar utilities, or to accommodate drainage, additional easements of greater width may be required along lot lines or across lots. (b) Continuous utility easement locations. Utility easements shall connect with easements established on adjoining properties. (c) Guy wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines. Draft Subdivision Ordinance December 8, 2015 Page 40 (d) Exclusion from minimum lot area. Easements established over wetlands and regional utility lines shall be excluded from the calculation of minimum lot area. (c e ) Outlot alternative. The city may at its discretion choose to require outlots rather than easements for wetlands, drainage areas and other natural features. These outlots must be designed with access from a public right-of-way. (Code 1976, § 14-933) Sec. 26-155. Erosion and sediment control. The subdivider shall adhere to follow the following requirements for erosion and sediment control requirements found in the zoning Cchapter 12 - Environment and the LSWMP surface water management plan:, (1) The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. (2) Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. (3) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. (4) When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the development agreement. (5) Where the topsoil is removed, sufficient topsoil shall be set aside for respreading over the developed area. Topsoil shall be restored or provided to a minimum depth of four inches and shall be of a quality at least equal to the soil quality prior to development. (6) Natural vegetation shall be protected wherever practical. (7) Runoff water shall be diverted to a sedimentation basin before being allowed to enter the natural drainage system. (8) The developer shall comply with current city specifications for erosion and sediment control. (9) Development shall comply with and follow all best management practices for erosion and sedimentation control as specified in the MPCA publication "Protecting Water Quality in Urban Areas," as may be amended, or the applicable publication. Cross reference(s)--Environment and public health, ch. 12. Sec. 26-156. Storm drainage. All subdivision design shall incorporate adequate provisions for stormwater runoff consistent with the city LSWMP surface water management plan (SWMP), as amended, and with established city policies, the policies of Minnehaha Creek the wWatershed dDistrict, and other public agencies, and shall conform to the following standards:. (1) Plan required. The proposed provisions for stormwater runoff shall be documented in a runoff water management plan, prepared by a registered professional engineer to the minimum standards described in subsection (2) of this section. Draft Subdivision Ordinance December 8, 2015 Page 41 (2) Minimum standards for runoff water management plans. A runoff water management plan shall include the following items: a. A map containing a delineation of the sub-watershed contributing runoff from off-site, and proposed and existing sub-watersheds on-site. The delineation shall conform to the nomenclature of the SWMP and shall indicate any significant departures from the watershed delineation of the SWMP. b. Delineation of existing on-site wetlands, as defined in the Wetland Conservation Act, lakes, streams, shoreland, and/or floodplain areas. c. For waterbodies and channels, a listing of normal (run-out) and calculated ten- year and 100-year elevations on-site for both existing and proposed conditions. d. Stormwater runoff volumes and rates for existing and proposed conditions. e. All hydrologic and hydraulic computations completed to design the proposed stormwater management facilities. Reservoir routing procedures and critical duration runoff events shall be used for design of water storage areas and outlets. f. A checklist of best management practices to demonstrate that, to the maximum extent practical, the plan has incorporated the structural and nonstructural best management practices described in the book "Protecting Water Quality in Urban Areas," published by the Minnesota Pollution Control Agency, or the applicable publications. g. A grading plan incorporating overflow routes along streets or drainage easements designed to protect structures from damage due to: 1. Storms in excess of the design storm; or 2. Clogging, collapse or other failure of the primary drainage facilities. h. On-site water storage and water quality detention basins are required in accordance with the city's comprehensive water resource management plan. Copies of the calculations determining the design of the basins shall be submitted with the preliminary plat application. The size and design considerations will be dependent on required water quality and quantity, the imperviousness of the development and the degree to which on-site infiltration of runoff is encouraged. Design of on-site detention basins shall incorporate recommendations from the Nationwide Urban Runoff Program (NURP) and "Protecting Water Quality in Urban Areas," published by the Minnesota Pollution Control Agency, or the applicable publications. Sec. 26-157. Protected areas. (a) Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of wetlands, drainageways, watercourses, floodable areas, significant trees, steep slopes or wooded areas, the design of such subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impacts. (b) Based upon the necessity to control and maintain certain sensitive areas, the city shall determine whether such protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots that are either deeded to the city or encumbered with a deed restriction protecting the sensitive area. Draft Subdivision Ordinance December 8, 2015 Page 42 (c) In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Such measures, when deemed appropriate by the city, may include, but shall not be limited to, the following: (1) The establishment of easements and/or outlots over wetlands, drainageways and watercourses. (2) The implementation of flood control measures. (3) The enlargement of lots or redesign of the subdivision. (4) The submission of a tree replacement and protection preservation plan subject to the review of the planning commission and the approval of the city council. (5) The use of appropriate erosion control measures subject to approval by the Engineering Directordirector of public works. (6) Soil testing to determine the ability of the proposed subdivision to support development. (7) The limitation of development on slopes steeper than 3:1 measured over a horizontal distance of at least 25 feet. (8) Structure conformance to the natural limitations presented by the topography and soil so as to create the least potential of soil erosion. Sec. 26-158. Park and trail dedication requirements. (a) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and trails and/or shall make a cash contribution to the city's park fund and trail fund, as provided by this section. (b) 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. Land with dead trees, trash, junk, pollutants and unwanted structures is not acceptable. (c) The parks and recreation commission shall recommend to the city council the land and/or cash contribution requirements for proposed subdivisions. (d) Any increase in density of subdivisions shall be reviewed by the parks and recreation commission for reconsideration of park land and/or cash contribution requirements. (e) When a proposed park, playground, recreation area, trail or other public ground has been indicated in the city's official map or Ccomprehensive Pplan and is located in whole or in part within a proposed subdivision, it shall be designated as such on the plat and shall be conveyed to the city. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the city may consider acquiring the site through purchase or condemnation. (f) Land area conveyed or dedicated to the city shall not be used in calculating density requirements of Chapter 36 – Zoning the city zoning chapter and shall be in addition to and not in lieu of open space requirements prescribed in Chapter 36 – Zoning the zoning chapter. (g) The city, upon consideration of the particular type of development, may require larger or lesser parcels of land to be conveyed to the city if the city determines that present or future residents would require greater or lesser land for park and playground purposes. (h) In residential subdivisions where a land dedication is required, the following formula will be used to determine the park land conveyance requirements: Draft Subdivision Ordinance December 8, 2015 Page 43 Density: Units Per Acre* Land Dedication Percentage 0 - 2.5 10 percent 2.5+ - 4 11 percent 4+ - 6 13 percent 6+ - 8 15 percent 8+ - 10 17 percent 10+ 20 percent * Street rights-of-way shall be excluded from the density calculations. If the proposed streets are private, actual street width, plus 18 feet shall be deducted. In commercial or industrial plats where a land dedication is required, the following formula will be used to determine the park land dedication: Five percent of the gross area of land being platted. (i) In lieu of a park land dedication, the city may require the following cash contribution: Commercial/industrial 5 percent of current market value of the unimproved land as determined by the city assessor Multifamily dwelling units A fee which shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code Single-family dwelling units A fee which shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code (j) The city may elect to receive a combination of cash, land and development of the land for park use. The fair market value of the land the city wants and the value of the development of the land shall be calculated. That amount shall be subtracted from the cash contribution required by subsection (i) of this section. The remainder shall be the cash contribution requirement. (k) Fair market value shall be determined as of the time of filing the preliminary plat in accordance with the following: (1) The city and the developer may agree as to the fair market value; or (2) The fair market value may be based upon a current appraisal submitted to the city by the subdivider at the subdivider's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. (3) If the city disputes such appraisal, the city may, at the subdivider's expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. (l) Subdividers of land abutting streets that have been designated in the city's comprehensive trail systems plan for the construction of a trail shall be required to pay five-eighths of the cost of constructing the trail. Draft Subdivision Ordinance December 8, 2015 Page 44 (m) Residential subdividers shall pay a fee in an amount set from time to time by the city and listed in appendix A of this Code per residential dwelling unit for trails. This payment is required whether or not the subdivider is required to construct trails. (n) Planned 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. (o) Park cash contributions are to be calculated at the time of final plat approval. The city council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the city. (p) Cash contributions shall be deposited in the city's park and recreation development fund and shall only be used for park planning, acquisition, park development or public art. (q) Property being replatted with the same number of lots and dwelling units shall be exempt from park and trail dedication requirements if similar requirements were satisfied in conjunction with an earlier platting. If the number of lots or dwelling units is increased, then the park and trail dedication shall be based on the additional lots or the number of dwelling units, whichever is greater, added to the plat. Sec. 26-159. Tree preservation and replacement. The subdivider shall adhere to the tree preservation and replacement requirements found in Chapter 36 – Zoning and Chapter 34 – Vegetation. (a) Generally. All subdividers shall comply with all provisions in the zoning chapter which address the preservation of existing trees and the replacement of trees removed to accommodate grading and construction within the subdivision. Subdividers, however, are encouraged to preserve all healthy trees of significant value even if the trees are less than six inches in diameter. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Tree preservation plan means a plan certified by a forester or landscape architect indicating all of the significant trees in the proposed development or on the lot. The tree preservation plan includes a tree inventory which includes the size, species 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. Tree protection means snow fencing or polyethylene laminar safety netting placed at the dripline of the significant trees to be preserved. The tree protection measures shall remain in place until all grading and construction activity is terminated. (c) Subdividers. (1) Subdividers shall: a. Prepare a tree preservation plan which is certified by a forester or landscape architect and is incorporated on the grading plan. Draft Subdivision Ordinance December 8, 2015 Page 45 b. Prepare a landscape plan which shows the location, size and species of trees which are to be planted on the site to meet the tree replacement provisions of the zoning chapter. c. Provide surety in accordance with the zoning chapter requirements as part of the development contract to ensure protection and tree replacement prior to final approval of the final plat. d. Ensure the tree preservation plan is followed during the plan development (mass grading). (2) During preliminary plat review, the tree preservation plan will be reviewed according to the best available layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees. (3) After the mass grading has been completed and streets and utilities installed, the forester or landscape architect shall: a. Certify in writing to the city the tree preservation plan was followed. b. Certify in writing to the city the tree protection measures were installed. c. Indicate which significant trees proposed to be saved were destroyed or damaged. (4) If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, the tree replacement calculations required by the zoning chapter will be adjusted and additional replacement will be required. (5) The financial security will be released in accordance with provisions in the zoning chapter. (d) Tree preservation measures. Tree preservation measures shall require written approval from the director of public works prior to removal and shall not be removed from the site until the director of public works has approved the grading as-built plans for a mass graded site nor prior to the release of financial securities held by the city. (e) Home builders. (1) If the subdivider sells lots to individual builders or developers, the builder or developer shall comply with the requirements of the zoning chapter for tree preservation prior to issuance of any building permits on the lot. (2) A pro rata portion of the surety paid by the subdivider may be returned, provided that it is replaced by a surety from the builder. (3) If a lot remains vacant for a period of two years, the surety may be returned to the subdivider if all of the trees have been replaced in accordance with the zoning chapter requirements. Any subsequent development of the parcel will require compliance with the provisions of the zoning chapter for tree preservation and protection. Cross reference(s)--Vegetation, ch. 34. Sec. 26-160. Minimum design features. Draft Subdivision Ordinance December 8, 2015 Page 46 The design features set forth in this article are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. Secs. 26-161--26-190. Reserved. ARTICLE VI. REQUIRED BASIC IMPROVEMENTS Sec. 26-191. General provisions. (a) Before a final plat is signed by the city, the subdivider shall pay all applicable fees and enter into a development contract setting forth the conditions under which the plat is approved, unless the city council deems a development contract to be unnecessary. (b) Before a final plat is signed by the city, the subdivider shall also furnish the city financial security in the form of a cash escrow or letter of credit. If the subdivider fails to perform any obligations under the development contract, the city may apply the security to cure the default. Terms for return of the financial security shall be those set forth in the Chapter 36 – Zoning zoning chapter or shall be set forth in the development contract. (1) If the developer is to install public improvements, the required security shall be the sum of the following fixed or estimated costs: 125% of the cost of the public and private improvements to be constructed as part of or as a result of the plat. a. Utilities. b. Streets. c. Streetlights and, if the city council deems appropriate, operating cost for two years. d. Erosion control. e. Engineering, to include the developer's design, surveying and inspection. f. Landscaping. g. Principal amount of special assessments previously levied against the property, together with one year of interest. h. Real estate tax for one year, if there are special assessments. i. Director of public works' fees. j. Placement of iron monuments. k. Sidewalks. l. Utility/street repair and street cleaning. m. Public and private tree replacement and protection. n. Other items as deemed appropriate. (2) If the city is to install public improvements, the required security shall be the sum of the following fixed or estimated costs: Draft Subdivision Ordinance December 8, 2015 Page 47 a. Principal amount of special assessments for public improvements to be installed, together with one year of interest. b. Streetlights. c. Erosion control. d. Deferred park dedication charges on commercial and industrial property. e. Landscaping. f. Real estate tax for one year. g. Principal amount of special assessments previously levied against the property, together with one year of interest. h. Placement of iron monuments. i. Utility/street repair and street cleaning. j. Public and private tree replacement. k. Other items as deemed appropriate. (3) For private improvements, the required security shall be the sum of the following fixed or estimated costs: a. Erosion control, unless bonded separately. b. Private utility services in public right-of-way. c. Tree replacement and protection. d. Utility/street repair and street cleaning. e. Sidewalks. f. Placement of iron monuments. g. Other items as deemed appropriate. (c) No final plat shall be approved by the city council without first receiving a report from the director of public works that the improvements described therein together with the agreements and documents required under this section, meet the city's requirements. The city treasurer shall certify that all fees and sureties required to be paid to the city in connection with the plat have been paid or that satisfactory arrangements have been made for payment. (cd) The city shall, where appropriate, require of a subdivider submission of a warranty/maintenance bond in the amount equal to the original cost of the improvements or such lesser amount as agreed to by the director of Engineering Director public works. The required warranty period for materials and workmanship from the utility contractor installing public sewer and water mains shall be two years from the date of final acceptance or one year following final acceptance of the final bituminous wearing surface as approved by the director of Engineering Director public works. The required period for sod, trees and landscaping is one year following final acceptance of the project. (de) Reproducible as-built drawings, as required by the director of Engineering Director public works, shall be furnished to the city by the subdivider of all required improvements. Such as-built Draft Subdivision Ordinance December 8, 2015 Page 48 drawings shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. (ef) All of the required improvements to be installed under the provisions of this chapter shall be approved by and subject to the inspection of the director of Engineering Directorpublic works. All of the city's expenses incurred as the result of the requiredment improvements shall be paid either directly, indirectly or by reimbursement to the city by the subdivider. Sec. 26-192. Monuments. (a) Official monuments, as designated and adopted by the county surveyor's office for use as judicial monuments, shall be set at each corner, angle or curve points on the outside boundary of the final plat or in accordance with a plan as approved by the director of public worksEngineering Director. The boundary line of the property to be included with the plat to be fully dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyor's irons to be indicated; and each angle point of the boundary perimeter to be so monumented. (b) Pipes or steel rods shall be placed at each lot within one year of recording the final plat. All United States, state, county 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. All lot and block dimensions shall be shown on the plat, and all necessary angles pertaining to the lots and blocks, as an aid to future surveys, shall be shown on the plat. No ditto marks will be permitted in indicating dimensions. (c) 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 director of Engineering Director public works. Proof of the second monumentation shall be in the form of a surveyor's certificate, and this requirement shall additionally be a condition of certificate of occupancy as provided for in Chapter 36 – Zoning. the city zoning chapter, as may be amended. Sec. 26-193. Street improvements. (a) The full width of the right-of-way shall be graded in accordance with the provisions for construction as outlined in article V of this chapter, on file in the City Engineers Department and as modified by the City Council subdivision approval. (b) All streets shall be improved in accordance with the standards and specifications for street construction as required by this chapter and by the city council. (c) All streets to be surfaced shall be of an overall width in accordance with the standards and specifications for construction as required by this chapter and as approved by the city council. The portion of the right-of-way outside the area surfaced shall be sodded. (d) Where required, the curb and gutter shall be constructed in accordance to the standards and specifications for street construction as set forth and approved by the city council. (e) The grading and drainage requirements for each plat shall be approved by the Engineering Director director of public works at the expense of the applicant. Every plat presented for final signature shall be accompanied by a report from the Engineering Director director of public works that the grading and drainage requirements have been met. No plat shall be approved before an adequate stormwater disposal plan is presented and approved by the Engineering Director director Draft Subdivision Ordinance December 8, 2015 Page 49 of public works. The use of dry wells for the purpose of stormwater disposal is at the discretion of the Engineering Directordirector or public works. (f) Trees and boulevard sodding shall be planted in conformance with the standards and specifications as required by Chapter 36 – Zoning the zoning chapter and the approved landscape plan. (g) Street signs of the design approved by the city council shall be installed at each street intersection. (h) Driveway approaches and sidewalks of standard design or pedestrian pathways as may be required by this chapter and the city council shall be installed. (i) Street lighting fixtures as may be required by the city council shall be installed. Cross reference(s)--Streets, sidewalks and other public places, ch. 24. Sec. 26-194. Future street improvements. As a condition of plat approval, when property being platted is adjacent to existing collector roads, highways or substandard streets which need improvement, the developer shall dedicate land for the widening or improvement and shall post a cash escrow acceptable to the city for the cost of the improvement. This section shall only apply when the need for the improvement is caused by the plat or surrounding development. Cross reference(s)--Streets, sidewalks and other public places, ch. 24. Sec. 26-195. Sanitary sewer and water distribution improvements. Sanitary sewers and water facilities shall be installed in accordance with the standards and specifications as required by the city council and subject to the approval of the Engineering Director director of public works. Cross reference(s)--Utilities, ch. 32. Sec. 26-196. Public and private utilities. Telephone, cable TV, electric, gas, plus all other utility service lines are to be placed underground in accordance with the provisions of all applicable city ordinances. Sec. 26-197. Election by city to install improvements. It is the subdivider's responsibility to install all required improvements, except that the city reserves the right to elect to install all or any part of the improvements required under the provisions of this chapter pursuant to M.S.A. ch. 429, as amended. If the city elects to install the improvements, the city may require the developer to post a cash escrow or letter of credit guaranteeing payment of the assessments. Sec. 26-198. Railroad crossings. No street dedications will be accepted which require a crossing of a railroad unless sufficient land as determined by the city council is dedicated to ensure a safe view.