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7.2. SR 07-24-1995
,.~,~ ~~ c ~ ity of ~~ lk . River TO: FROM: DATE: gT~ ~.z. MEMORANDUM Mayor and City Council Steven B. Ach, City Planner,~~'~ July 24, 1995 SUBJECT: Ordinance Amendment by the City of Elk River, Public Hearing Case No. OA 94-7 Issue The City of Elk River is requesting to amend the subdivision ordinance. Attachments • Ordinance No. 95- • Planning Commission Minutes dated June 27, 1995. • Park & Rec. Minutes dated June 14, 1995. • Memos to the Planning Commission and Park & Rec. Commission. Previous Meeting's • January 1995 through March 1995 -numerous staff meetings to discuss proposed amendments. • April 18, 1995 -Planning Commission workshop to discuss draft of subdivision ordinance. • May 8, 1995 -Meeting with local developers to discuss proposed subdivision ordinance. • May 23, 1995 -Planning Commission meeting to discuss proposed ordinance. • June 14, 1995 -Park and Recreation Commission discussed relevant sections of the ordinance. U 13065 Orono Parkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425 Subdivision Ordinance Amendment Page 2 July 24, 1995 ------------------------------------------------------ • • June 27, 1995 -Planning Commission meeting to discuss revised ordinance. • July 24, 1995 -City Council meeting to discuss ordinance. Background Information The subdivision ordinance is the next ordinance in a series of amendments staff has been proposing to update the City's zoning ordinance. Generally speaking, the ordinance amendment is not a dramatic change from the current subdivision ordinance; however, it does accomplish the following points: • Provide consistency with current operating procedures • Makes minor format changes and restructuring of the ordinance to hopefully read easier • Adjust grammatical errors that exist with the current ordinance and makes reference to appropriate sections and representatives • Update park dedication requirements relative to trail construction as recommended by the Park Commission and Planning • Commission Analysis The following is a summary of the noticeable changes proposed for the subdivision ordinance: • Page 10.15 -Definition of administrative subdivision has changed from "four or fewer" to "no more than two". This would require a plat to occur on all subdivisions involving more than two parcels. • Page 10.17 -Definition of an "outlot" has been added. • Page 10.23 -Statement added under Final Plat that "phased" plats have up to three years to be completed as approved under the preliminary plat without having to obtain approval for an extension each year. • Page 10.25 -Section added which would allow, under certain conditions, preliminary and final plat approved at the same time. This may occur on subdivisions that are "clearly" straightforward requests. U s:council:oa94-7 Subdivision Ordinance Amendment Page 3 July 24, 1995 ------------------------------------------------------ • Page 10.25 -Section added regarding information required for release of final plat. These items are typical requirements developers should expect during the process. • Page 10.32 -Planning Commission recommended change in the definition of a cul-de-sac. • Page 10.33 - A minimum width of 20 feet for pedestrian corridors has been established. This would apply to sidewalks or trails that act as short connections through residential subdivisions. • Page 10.40 -Drainage and utility easements along side property lines have been reduced in width from six feet to five feet. This would make for a total drainage and utility easement along side property lines of 10 feet, rather than the current 12 feet. • Page 10.42 -Park dedication section is proposed to be amended requiring trail construction as part of an approved subdivision. Staff presented four options to the Planning Commission and Park and Recreation Commission for their consideration (see Memo to Park & Recreation, dated June 14, 1995). • Page 10.43 -The Planning Commission has recommended that sidewalks shall be provided on at least one side of every street in a plat within the urban service area. The Park and Recreation Commission has looked at this issue also, and recommended sidewalks on both sides of every street with the exception of sidewalks on one side of cul-de-sacs. Staff's version for sidewalk requirements is to require sidewalks along arterial and collector streets and use the phrase "may within subdivisions, as determined by the City Council". This language would allow the City Council to review each development on an individual basis and make the determination whether sidewalks should be required on local residential streets. Staff's version is included in the proposed ordinance; however, it can be amended to reflect the recommendations of the Park and Recreation or Planning Commission if the Council desires. Recommendation It is recommended that the City Council approve Ordinance No. 95- , amending the subdivision ordinance with the corrections and/or additions as approved by the City Council. s:council:oa94-7 • ORDINANCE 95 - CITY OF ELK RIVER AN ORDINANCE AMENDING SECTION 1008 OF THE CITY OF ELK RIVER ZONING ORDINANCE CASE NO.OA 94-7 The City Council of the City of Elk River does hereby ordain as follows: Section 1. The duly adopted Zoning Ordinance of the City of Elk River is hereby amended to read as follows: See Attached Section 2. That this Ordinance shall take effect and be in full force from and after the date of its publication. • Passed and adopted this day of ,1995, by the City Council of the City of Elk River. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk s:ordinance:rezonems. Planning Commission Minutes Page 12 June 27, 1995 • 1. COMMENTS OUTLINED IN STAFF'S MEMO TO THE PLANNING COMMISSION - DATED JUNE 27, 1995, AS WELL AS COMMENTS CONTAINED IN THE CITY ENGINEER'S MEMO DATED JUNE 22, 1995. 2. PRIOR TO ISSUANCE OF A BUILDING PERMIT, FOUR COMPLETE SETS OF PLANS BE PROVIDED FOR REVIEW AND APPROVAL BY CITY STAFF. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5.~f. s~rdiri~nce>Amer~dment Reaue§f by' City of EIk ~ver/t't~~iie Hearing Case .. '~~`t::4A-7 Staff r"eport by Steve Ach. A brief overview of issues associated with trail construction within residential development was presented to the Commission. Steve Ach presented options for the Commission to consider to better handle trails and their construction within developments. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE AMENDMENTS TO THE SUBDIVISION ORDINANCE, PUBLIC HEARING CASE NO. OA 94-7, SECTION 1008.00 - 1008.08. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. • COMMISSIONER TACHENY MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF AMENDMENTS TO THE SUBDIVISION ORDINANCE, SECTION 1008.10 - 1008.14., WITH THE CHANGE ON PAGE 10.32 REGARDING CUL- DE-SACS AS NOTED. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER THOMPSON MOVED THAT THE PLANNING COMMISSION RECOMMEND APPROVAL OF AMENDMENTS TO THE SUBDIVISION ORDINANCE, SECTION 1008.16 - 1008.34, WITH THE CHANGE ON PAGE T0.43 REGARDING SIDEWALKS AS NOTED, AND WITH THE RECOMMENDATION THAT THE PARK DEDICATION SECTION BE AMENDED TO REQUIRE DEVELOPERS TO INSTALL REQUIRED TRAILS. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5:1'0. Ordinance Amendrn~nt Reauest by the City of Elk River Public Hearing Case No. OA g5-7 Staff report by Gary Schmitz. The City of Elk River is requesting an ordinance amendment which would amend Section 900.12, "Permitted, Accessory, and Conditional Uses by District". The amendment would include changing screened outdoor storage areas from a permitted use to a conditional use in both the I-1 (Light Industrial) and I-2 (Medium Industrial) zoning districts. The amendment would also require outdoor storage areas to be accessory to a principle use. • Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. ~o~, Elk River Park & Rec Meeting, June 14, 1995 Page 2 space for fields is definitely needed. Also, the proper utilization of the existing fields needs to be studied. It was decided that Jeff Asfahl would take the lead at organizing these issues. Ron Blegen, president of Elk River Youth Baseball, stated that he feels that Elk River is a fast growing community that needs more space for fields and needs to utilize what we have more efficiently. If no space is attained, down the road a few years they may have to turn kids down for youth sports. Mr. Blegen also stated that currently we are using other communities facilities, i. e. Zimmerman and Champlin, for tournaments. Phil stated that we are aware that additional fields are needed in Elk River, but, the funding is holding this up. A lengthy discussion of funding was held. Mr. Blegen recommended 4 large .fields with pitchers mounds be added for a start. Commissioner Tuttle asked Mr. Blegen what we can expect from him. Mr. Blegen stated that he would provide: 1. Labor, 2. Financial support, $15 per/youth.. Jeff Asfahl stated what he thinks it will take to move forward on this issue from here; 1. Study short term opportunities that are out there, and what. it will take to pull them off; 2. A study of other communities plans; 3. Be a leader and build a nice, smart, complex; 4. Get associations to agree on a $ figure, and needs. (8:00) p.m.-Ron Blegen leaves Dave Anderson stated that more research must be done with all associations before the Park and Recreation Commission can come to any conclusions. Dave Anderson requests, from the associations, a summary of the number of kids in each age group, and the number of fields they need for them; then we can compare an inventory and the projected growth to come up with what is needed. • 6. Administrative Subdivision by Gerald Sneft Phil Hals stated that staff recommends that we take the park dedication fee's on this item. Gary Schmitz' letter was reviewed and a brief discussion took place. COMMISSIONER TUTTLE MOVED TO ACCEPT THE PARK DEDICATION FEE'S ON THE GERALD SNEFT PARCEL. COMMISSIONER ROLFE ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. (8:15) Planning Commissioner Chris Kreger left. Consider Trail Development vs. Park Dedication Fee Phil Hals explains Steve Ach's memo regarding responsibilities for trail development. Commissioner Tuttle stated that she felt the developer should be responsible for the following: 1. Rough grade; 2. class 5 on all trails on plat; 3. Additional $l00 per/lot trail fee in addition to the $500 park dedication fee. COMMISSIONER ROLFE ANDERSON MOVED TO RECOMMEND THAT THE DEVELOPER BE RESPONSIBLE FOR ROUGH GRADE, CLASS 5 ON ALL TRAILS OF THE PLAT, ADDITIONAL $100 PER/LOT TRAIL FEE IN ADDITION TO THE $500 PARK DEDICATION FEE. 8. Trail Tenderizer Ski Trail Groomer • v.~-- r ~~ ~~ ity of ~~ lk ' River TO: FROM: DATE: MEMORANDUM Planning Commission ITII'I 5.9. 1l_ Steven B. Ach, City Planner..~~lL- June 27, 1995 SUBJECT: Ordinance Amendment by the City of Elk River/Public Hearing Case No. OA 94-7 Request The City of Elk River is requesting to amend the subdivision ordinance. Background • This item was presented to the Planning Commission last month at the May 23, 1995 Planning Commission public hearing meeting. Staff provided the Commission with an overview of the proposed changes to the ordinance, as well as_the purpose for amending the subdivision ordinance at this time. Without going into great detail on the specific changes with the ordinance, staff will be prepared to walk through the ordinance at Tuesday night's meeting outlining the major changes that are taking place. Generally speaking, the ordinance amendment is not a dramatic change from the current subdivision ordinance. However, the ordinance amendment does accomplish the following three points: • Provide consistency with current operating procedures. • Minor format changes and restructuring of the ordinance to hopefully read easier. • Adjust any grammatical errors that may have existed with the current ordinance and makes reference to the appropriate representatives. • P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7=+20 • .Fax: (612) 441-742 ~~ Ordinance AmendmentJSubdivision Ordinance Page 2 June 27, 1995 Parh Dedication • Attached is a memo to the Park and Recreation Commission discussing trail construction as it relates to park dedication. It was recommended by the Park and Recreation Commission that park dedication requirements be amended to require developers to install all required trails associated with their particular development. The Planning Commission should review this issue and consider whether one of the options should be included in the proposed subdivision ordinance. Previous Meetings • April 18, 1995 Planning Commission workshop • May 8, 1995 meeting with developers • May 23, 1995 Planning Commission meeting Recommendation It is recommended the Planning Commission recommend approval of the proposed ordinance amendment to the subdivision ordinance as presented by staff, or with the appropriate changes found by the Planning Commission. • • s:planning:pc:oa94-7 f~ • ZTEM 7. -~~ ~~ ~' .City of MEMORANDUM ,l ~ k TO: Park & Recreation Commission River FROM: Steven B. Ach, City Planner_r~- DATE: June 14, 1995 SUBJECT: Responsibility for Trail Development The planning department is in the process of amending the subdivision ordinance. One of the sections included in .the subdivision ordinance relates to park dedication requirements. Originally, there were not going to be any changes made to this section until the Park and Recreation Commission had an opportunity to review this section in a comprehensive manner. However, after further consideration, the timing seemed appropriate to address some of the obvious changes that need to be made as well as possibly considering a couple of amendments. • One issue that may be timely to consider is trail construction and whether this should be included as a park dedication requirement and the responsibility the developer may play in completing this trail construction. A couple of problems that staff is experiencing at this time include: • ability to construct trails in a timely manner as new residential . developments are being platted; • the logistics of installing a trail after homes and initial grading have been completed by the developer; and, • the limited resources to complete all of the trails that are being required throughout the new residential developments. Given these three issues, the Park and Recreation Commission may wish to consider amending the park dedication requirements by involving the developers responsibility in completing various trail segments. A couple of options for consideration are as follows: In addition to the $500 per lot park dedication fee, developers also be responsible, at their cost, for all trail construction associated with their particular development; or, • Developer be responsible to grade and install a Class 5 base on all • trails, and the city be responsible for providing the bituminous surface; or, 1~06~ Orono Par~wa~~ • P.<_? B~» -:a(~ • E11~ R~~ei-_ ~,T~; ;, ; ;O • ~ 61?1 111-~1?O • has: , h,, , __ _- ±~~ Ordinance Amendment/Subdivision Ordinance June 27, 1995 Park Dedication Page 2 Attached is a memo to the Park and Recreation Commission discussing trail construction as it relates to park dedication. It was recommended by the Park and Recreation Commission that park dedication requirements be amended to require developers to install all required trails associated with their particular development. The Planning Commission should review this issue and consider whether one of the options should be included in the proposed subdivision ordinance. Previous~Meetin • April 18, 1995 Planning Commission workshop • May 8, 1995 meeting with developers • May 23, 1995 Planning Commission meeting Recommendation It is recommended the Planning Commission recommend approval of the proposed ordinance amendment to the subdivision ordinance as presented by staff, or with the appropriate changes found by the Planning Commission. • n U s:planning:pc: oa94-7 This ordinance shall be known as the "SUBDIVISION ORDINANCE OF THE CITY OF ELK RIVER" and will be .referred to herein as "this Ordinance." All subdivisions of .land hereafter submitted for approval shall fully comply, in all respects, with the regulations set forth herein. It is the purpose of .these regulations to: 1. Provide for and guide the orderly,. economic and safe development of land and urban services and facilities. 2. Encourage well-planned, efficient, and attractive subdivisions by establishing adequate standards for design and construction. 3. Facilitate adequate provision for streets, transportation, water, sewage,. storm drainage, schools, parks, playgrounds, • and other Public services and facilities. 4. Place the cost of improvements against those benefiting from their construction. 5. Secure the rights of the public with respect to public lands and waters. 6. Set the minimum requirements necessary to protect the public health, safety, and general welfare. 100$.04 - SCOPE-AND LEGAL A'r'Y'HdRT The rules and regulations governing plats and subdivision of land contained`heren shall apply within the boundaries of the City of Elk River Ethe City) in accordance with and as permitted by Minnesota Statutes (the Law). Except in the case of resubdivision, this Ordinance shall not apply to any lot or lots forming a part of a subdivision .recorded in the office of the County Recorder prior to the effective date of this Ordinance, nor is it intended by this Ordinance to repeal, annul or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically repealed by, or in conflict with, this Ordinance, ar with restrictive covenants running with • 10.14 r the land. Where this Ordinanc upon the land than is imposed provisions, this Ordinance shall 1 . ~};~,~,~ . e imposes a greater restriction or required by such existing control. A. Words. used in the present tense include the past and future tense; the singular number includes the plural and the plural includes the singular; the work "shall" is .mandatory, and the words "should" or "may° are permissive. B. In the event of conflicting provisions in the text of this Ordinance, the more restrictive shall apply. 2. Definitions. Unless the context clearly indicates otherwise, the words, combination of words, terms and .phrases as used in this Ordinance shall have the meanings .set forth in the .following paragraphs: At~MINI~„~gTT~F's ,gj~DIy~TnN: A subdivision involving the creation of no more than two tracts or `lots. BLOCK: The enclosed area within the perimeter of roads, property lines or boundaries of the subdivision. -- BOULEVARD: The portion of the street right-of-way between the curb line and the property line. ~F.NTRAT SEWAGE SYSTEM: The .existing City Sanitary System, as expanded, including collection and treatment facilities established by the subdivider to serve the subdivision. COMPREHENSIVE DEVF O M P Ats: The City of Elk River Growth Management Plan as amended by the City, including a compilation of policy .statements,-goals, standards and maps indicating the general locations recommended for various functional classes. of land use, places and structures, and. for the general physical development of .the City. It shall have the same meaning as " comprehensive municipal plan" in the Law. . CONTOUR M_AP: A map on which irregularities of land surface are shown by lines connecting points of equal elevation.. Contour interval is the vertical height between contour lines. COUNTY: Sherburne .County, Minnesota. • • • 10.15 COUI~?TY BO RD: The Sherburne County Board of Commissioners. • DEFLECTIO~1: The angle between a line and the prolongation of the preceding line. DEVELOPMENT: The act of building. structures or installing site improvements. D~ATNAGF COURSE: A water course or indenture for the drainage of surface water. .EASEMENT: A grant by an owner of land fora specific use by the public, quasi-public or persons other than the owner. TN t pr,AT; The final map, drawing or chart on which the subdivider's plan of subdivision is .presented to the City Council for approval and which, if approved, will be submitted to the County Recorder as required in Minnesota State Statute. INDIVTD AT. SEWAGE TREATMENT SYSTEM: A sewage treatment system or part thereof, serving a dwelling, or other establishment, or group thereof, which utilizes subsurface soil treatment and dispersal. • : A .parcel or portion of land in a subdivision or plat of land separated from other parcels or portions by description, as on a subdivision or certificate of survey, for the purpose of sale or lease or separate use thereof. LOT, BUTT: A lot at the end of a block and located between two corner lots. ~~OT, D~TH: The minimum horizontal distance between the front lot line and the rear lot line. LOT. CORNER: A lot bordered on at least two (2) sides. by adjoining streets. TOTS. DO FRONmA(;F: A lot of which opposite ends abut on a street. LOT. WIDTH: The horizontal distance between side lot .lines, measured at the required front setback line. M AND BO 7T~TD DE RIP'i'TON: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property, or delineates a fractional portion of a section, lot or area by described lines or portions thereof. . MTNIMUM SUBDIVISION DESIGN ST NDARD The guides, principles and specifications for the preparation of subdivision plans 10.16 indicating, among other things, the minimum and maximum • parameters of the various elements set forth in the plans. I~TATURAL WA'rERwAV: A natural passageway in the surface of the earth so situated and having such a topographical nature that surface or percolating water flows through it from other areas before reaching a final panding area. 9~iNE$: An individual or legal entity having sufficient legal interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this Ordinance. OUTLOT: A remnant from a subdivision that is not a developable piece of property unless replotted in accordance with City Ordinances. PEDES~,TA_N WAY: A public right-of-way or easement across or within a block, to be used by pedestrians. PERSONc Any individual or legal entity. PLAT: A map or drawing which graphically delineates the boundary Of land parcels for the .purpose of identification and record of title. The plat is a recorded legal document and must conform to the .Law. • ~T~ATT_2NG ~7,7'HORTTY; The. Clay COtu1C11. PRET.IMTN,RV PLA : The preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and City Council for their consideration. PRO''-°BC'-'TVE COVENANT : Contracts entered into between private parties which constitute a restriction on the use of all or some of the private property within a subdivision for the benefit of the property owners. PUBLIC. SEWER OR PUB T~ S WA E v TFna: A sewer or sewage system in which all owners of abutting properties have equal rights, and which is controlled by a public authority. $,,I~HT-OF-WAY: The land occupied or intended to be occupied by a street, sidewalk, pedestrian way, utilities or other specific use. Sb,WAG;~: Any water-carried domestic wastes, exclusive of footing and roof drainage, from any industrial, agricultural or • commercial establishment, or any dwelling or other structure. 10.17 Domestic waste. includes, but is not limited to, liquid waste • produced by bathing, laundry, culinary operations, and liquid wastes .from toilets and floor drains. Domestic waste specifically excludes animal waste and commercial process wastes. SKETCH PLAN: An informal layout of the proposed subdivision including preliminary topographic data, location of existing structures, requested zoning changes, relationship to existing community facilities and relationship to existing surrounding land use. This plan is not necessarily drawn to scale and exact accuracy is not a requirement. ST ARD SUBDIV T,~; A subdivision involving the creation of more than two parcels., tracts, or lots. E'T-R 'T'S AND ALLEyS 1. Alley - A public right-of-way which is used primarily for secondary vehicular service access to the back or the side of properties abutting on a street. 2. Art~ria Str~~ - A street or highway with access restrictions designed to carry large volumes of traffic between various sectors of the City or County and beyond. • 3. Collector Street - A street which carries traffic from minor streets to arterials. 4. Cul-de-sac - A minor street with only one outlet and having an appropriate turn-around for the safe and convenient xeversal of traffic movement. 5. Marginal Access. S~r~r - A minor street which is parallel and adjacent to an arterial street and which provides access to abutting properties and protection from through traffic. 6. Minor Street - A street of limited continuity which is used primarily for access to abutting properties. '7. Private Sheet - A street serving as vehicular access to two {2) or more parcels of land which is not dedicated. to the public but is owned by one or more private parties. 8. Street - A public right-of-way accepted or a private right- of-way approved pursuant to the requirements set forth for private streets under the section entitled Subdivision • Design Standards of the Code by public authority which provides a legal primary means of public access to abutting 10.18 / ~ I I property. The term "street" shall include a highway, thoroughfare, arterial, parkway, collector, avenue, drive, circle, road, boulevard or any other similar term describing an entity complying with the preceding requirements. STRFE'Z Wj TH: The shortest distance between the lines delineating the .right-of-way of a street. SUBDIVIDER: Any person commencing proceedings under this Ordinance to effect a .subdivision of land hereunder for himself or for another. Ste. DIVISION: The division or separation by plat or metes and bounds. description of an area, parcel, or tract of land under single ownership into more than two parcels, tracts or lots for transfer of ownership or for residential, commercial or industrial development, or any separation or division of land necessitating the creation of a new street ar road 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 for • residential uses and five acres or larger in size and 300 feet in width for commercial and industrial uses; 2. Creating cemetery lots; 3. Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary; 4. The separation or division of a parcel, tract or lot for the purpose of attachment to contiguous parcels, tracts or 1©ts provided that no residual parcel, tract or lot is left unattached. T' GENT: A straight line; also a straight line projected-.from -the end of a curve., which is perpendicular to a line in the curve drawn from the radius Point to the end of the curve. TRACIj~TG: A .plat or map drawn on transparent paper or cloth which can be reproduced by using regular reproduction procedure.. 20NING ORDIN~NCF; The zoning ordinance of the City adopted by the City Council. • 10.19 • l 0 Q 8 .0 8- PROCF'D TRF 1. ~tandar.d Svbd;v;G;nn. Standard subdivisions shall be reviewed by the City in accordance with the following procedures: A. pre-A~];rat;nn Meer;n~, prior to the preparation of a preliminary plat, the subdivider or owner shall meet with the City in order to be made fully aware of all .ordinances, regulations .and plans applicable to the area-to be subdivided. At this time or at subsequent meetings, the subdivider may submit a general sketch plan of the proposed subdivision and preliminary proposals for water .supply and waste disposal. The subdivider is urged to avail itself of the advice and assistance of the City to expedite review and approval of the preliminary plat. B. preliminary Plat. i. After the pre-application meeting, the subdivider or owner shall file with the Planning Department a completed and signed application for preliminary plat approval on a form provided by . the City, along with twelve (12) copies of a preliminary plat which has been prepared in accordance with the regulations set forth in this Chapter. All plats and subdivisions presented for approval by the Planning Commission and City Council shall be accompanied by the filing fee established by resolution of the City Council and by an agreement that the subdivider will reimburse the City for its costs to review the preliminary and final plat. The application for preliminary plat approval shall not be complete until everything required to be submitted by this ..Ordinance has .been received. by the City-and the City has advised the subdivider in writing that the application is complete and review is proceeding. ii. The preliminary plat will be reviewed by affected -City departments to determine whether the subdivision complies with the requirements of .this Ordinance and the City Zoning Ordinance, and to determine how the proposed development will affect traffic, utilities, drainage, community • facilities, public safety, surrounding 7 0.20 development, natural features, historic sites, • open space, etc. iii.. The Planning Department will compile comments from the other City departments and prepare a written report. A copy of the report shall .,also be sent to the subdivider. iv. A copy of the preliminary plat shall be referred to the Park and Recreation Commission. The Park and Recreation Commission shall make a recommendation to the Planning Commission and City Council prior to the public hearing on the preliminary plat. v. The Planning Department shall submit copies of the preliminary plat to the Sherburne County Highway Department, Minnesota Department of Transportation and other appropriate agencies (where applicable). vi. Within sixty (60) days of receipt by the City of a complete application for preliminary plat approval including all required .supporting • materials, the Planning Commission shall hold a public hearing on the proposed subdivision. The required legal publication shall be made and notices shall be sent to all property owners of record within three hundred fifty (3.50) feet of the exterior boundaries of the proposed .plat and within three hundred fifty (350) feet of all contiguous property owned or controlled by the subdivider or the owner. The developer is required to obtain the above-mentioned property owners list from the Sherburne County. Auditor's office. vii. The subdivider or a duly authorized representative shall attend the Planning Commission .meetings at which the proposal is scheduled for consideration. viii. At the public hearing, the Planning Commission shall receive the written report of the Planning Department and shall take testimony from the subdivider and all other interested persons. At the close of the public hearing, the Planning Commission shall consider all of the written • reports and materials before it, and the oral 10.21 testimony, and make • preliminary plat to Planning Commission approval subject to preliminary plat be recommended, the reasc shall be stated in the a recommendation on the the City Council, The may recommend approval, conditions or that the denied. If denial is ins for that recommendation record. ix. Following action by the Planning Commission, the City Council shall consider the .preliminary plat. The City Council shall make its decision on the preliminary plat within one hundred twenty (120) days following receipt by the City of the properly completed application, unless the subdivider consents on the record to a continuance. The City Council may: 1) Grant approval of the .preliminary plat, with or without modification or conditions; or 2} Refer the preliminary plat to the Planning Commission or appropriate City staff, officers or departments for further • investigation; or 3) Deny .preliminary plat approval. If the .plat is denied, the City Council shall state the reasons for denial on the record. x. Following preliminary plat approval, the subdivider may petition the Council for installation of the streets and other public improvements required for development of the subdivision. The petition shall be in the form required by the City and shall be submitted with a .cash escrow in the amount of the cost of the feasibility study- for the .improvements, as estimated by the City Engineer. Once the petition and escrow have been received, the .Council may order the feasibility report. C. Final Plat i. Following approval of the preliminary plat, the subdivider may file an application for approval of a final plat for all or a portion of the • preliminary plat. The application shall be on a form required by the City and shall be 10.22 accompanied by seven (7) copies of the final plat prepared by a land surveyor duly registered in the State.. Failure of the subdivider to submit the final plat within one (1) year, unless a written request for extension has been submitted and for good cause granted by the Cauncil, shall cause the preliminary plat to become null and void. However, the subdivider may continue to final plat a "phase" of the approved preliminary plat within one year of each phase in order to extend valid approval of the .preliminary plat. If all of the phases of the approved.. preliminary plat are not finalized within a three year period from the date of Council approval, the preliminary plat will become null and void unless the subdivider requests and the Council grants an extension. ii. The subdivider shall also submit to the City, at the time of final plat application, a title opinion or title insurance naming the City as an insured party, a copy of any restrictive covenants, and such other evidence as the City may require showing the subdivider's title or ownership in the land to be subdivided. iii. The subdivider shall incorporate all changes and modifications in the final plat required by the Council. In all other respects, the final plat shall conform to the .preliminary plat or it may be sent back. to the Planning Commission and City Council for preliminary plat review. iv. The subdivider or a .duly authorized representative shall attend the meeting before the Council at which the final plat is scheduled for consideration. v. The Council may, if all reports indicate full compliance with the provisions of this chapter, .including the findings required below for approval of a final plat, approve the final plat as submitted and adopt a resolution of approval. vi. The subdivider shall, if the final plat is approved by the Council and signed by all appropriate parties, record the final .plat with the County Recorder's office. r 1 L J C7 • T 0.23 vii. The subdivider shall record one mylar (1) copy of • the final plat with the County that can be returned and kept as a record document by the City. D. Fin. ~ gs .Required. The findings necessary for City Council approval of the preliminary plat and the final plat shall be as follows: i. The proposed subdivision is consistent with the Zoning Ordinance and conforms in all respects with all requirements of the Elk River Code of Ordinances, including the City Zoning and Subdivision Ordinances. ii. The proposed subdivision is consistent with all applicable general and specialized City, County, and regional plans including, but not limited to, the City's Comprehensive Development Plan. iii. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and .drainage are suitable for the type and density of development and uses contemplated. iv. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. v. The. proposed subdivision will not cause substantial environmental damage. vi. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. vii. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. viii. The proposed subdivision is not premature. A subdivision is premature if .any of the following exists: • 1) Lack of adequate storm water drainage. 10.24 • 4) Lack of adequate off-site public improvements or support systems. E. ARproval of Preliminary and Final ,~lat• At the discretion of the City, preliminary and final plat may be submitted at the same time to the City Council for. consideration. This consideration will be determined based on issues and complexity associated with the subdivision. F. Release of Final Plat for Recording• i. The. final plat shall not be released by the City for recording until the City Council has adopted a Resolution approving final plat and: l) Developer and City have executed a Developer Agreement, providing for the installation and financing of .public improvements, the dedication. of land and rights of way, the payment of fees and costs, and such other • matters as the Council shall require.. 2) Developer has submitted to the City a financial guarantee acceptable to the City to insure the installation of public improvements and the payment of all fees, costs and asessments imposed on the Developer and the Subdivision.. 3) Developer has satisfied all conditions set forth in the resolution of the City Council approving the Final Plat. 4) Developer has reimbursed the City for its costs of renewing the preliminary and final plat, and has made payment of all other applicable fees and costs due at the time of release of the plat. r: 10.25 2. Administrative S~bdiy;~inn • A. Purpose. The Administrative Subdivision rocedure for P processing applications for the division of land is intended to provide an expedited procedure in those limited cases where strict adherence to the standard platting process is not required. The Administrative Subdivision procedure is not intended to be a substitute for the standard platting process set forth in this Ordinance. Administrative Subdivision procedures may be utilized where the following circumstances exist. i. The property to be divided will result in no more. than two (2) lots. ii. The property to be divided will not require the dedication of public right-of-way for purposes of gaining access to the subdivided property. iii. The property has not previously been the subject of division by the Administrative Subdivision procedure. • B. Procedure. Except as hereinafter specifically provided, administrative subdivisions shall conform to .all standards, procedures and requirements applicable to standard subdivisions under this Ordinance. i. Prior to formal application, sketch plans and/or surveys shall be reviewed by the Planning Department for submission of a written recommendation thereon to the City Council. Administrative subdivisions do not require review by the Planning Commission unless required by referral of the City Council. The Planning Department shall initially determine and recommend to the City Council-the extent to which an administrative subdivision shall be subject to the requirements of this Ordinance. ii. The Administrative Subdivision shall be submitted to the Park and Recreation Commission for review. A recommendation should be forwarded on to the City Council for consideration, along with the proposed subdivision. • iii. After the Planning Department has submitted its recommendation to the Council concerning the 10.26 proposed administrative subdivision, the City • Council shall hold a public hearing thereon after giving notice as required for a standard subdivision. • 10.27 . 1008..10 -..DATA FQR PRELIMINARY PLAT 1. Identification and Description. A. Proposed name of subdivision, which shall not duplicate or be similar in pronunciation or spelling to the name of any Plat heretofore recorded in the County. B. Location by section, township, range, and by legal description. C. Names and addresses of the record owner, subdivider, land surveyor, engineer, designer of the plan, and any agent having control of .the land. D. Graphic scale not less than one (1) inch to one hundred (100)feet. unless requested by the City. E. North arrow. F. Date of preparation. 2. Existing Conditions • A. Boundary survey. which shall be tied into the nearest section or quarter section corner by traverse. B. Existing zoning classifications for land within and abutting the subdivision. C: A general statement of the approximate acreage and dimensions of the lots. D. Location, right-of-way width, and names of existing or platted .streets, or other public ways, parks, and other public lands, permanent buildings and structures, easements and section and corporate lines within the proposed subdivision and to a distance one hundred fifty (150) feet beyond. E. Boundary .Lines of adjoining platted or subdivided land, within one hundred fifty (150) feet, identified by name and pwnership, including all contiguous land owned or controlled by the subdivider. F. Topographic date, based on the City datum, including • contours at vertical intervals of at least two (2) feet. Water courses, wetlands., marshes rock outcrops. Power 10.26 transmission poles and lines, and other significant features • shall also be shown. U.S.G.S. data shall be used for all topographic mapping where feasible. G. Utilities on or adjacent to the property, including location, size and invert elevation of public sanitary and storm sewers; location and size of water mains; location of gas mains, fire hydrant, electric and telephone lines,. and street lights. The direction and distance to, and size of, such facilities shall be indicated, showing invert elevation of sanitary and storm sewers, including catch basins, manholes and hydrants. Such data may be available from City plans, and the source thereof so noted, unless such utilities are located on the subject property. In all instances, they shall be field checked as far as practicable. H. Under certain circumstances the City may require a complete tree inventory identifying the types and location of all trees greater than six (6) inches in diameter. when measured at a point four (4) feet above the ground level shall be specified. Information, to the extend feasible., shall also be provided as to type, weakness, maturity, infestation resistance, density and spacing. Trees to be removed for streets., drives, buildings, drainage or other • purposes shall be identified. 3. Subdivision Design Features. A. Layout of proposed streets showing the right-of-way. widths, centerline gradients, typical cross 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. Strut names shall conform to the master street name and numbering system as adopted. B. Location and width of proposed alleys and pedestrian ways. C. Lot sizes, layout, numbers and preliminary dimensions of lots and blocks. D. Minimum front and side street building setback lines. E. When side lot lines are not parallel, the width of the lot at the building setback line. • 10.27 F. Areas other than streets, alleys, pedestrian ways and • utility easements, intended to be dedicated or reserved for public use, including the seize of such area or areas in acres. G. Location, size and approximate gradient of proposed public sewer lines and water mains. If public sewer and water are not available, the engineer shall provide site evaluation data required by Minnesota Pollution Control Agency .Individual Sewage Treatment Standards (Chapter 7080) to determine the suitability of the site for individual sewage treatment systems. Such data, consistent with Chapter 7080, may include, but is not limited to, depth to the highest known or calculated ground water table or bedrock; 'soil conditions, properties and permeability; slope; existence of lowlands; local surface depressions and rock outcrops; legal setback requirements; soil borings and percolation tests. reference shall be made to "Soil Survey: Sherburne County, Minnesota," U.S. Department of Agriculture, Soil Conservation Service, and any other available sources. The data required should be determined by the City, in its discretion. 4. Other Information. All or any part of the following • information shall be provided at the request of the City: A. Statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the proposed development on traffic, fire hazards, and congestion of population. B. Proposed protective covenants, if any. C. A drainage plan for the area indicating the direction and rate of natural storm water runoff and those unaltered areas where storm water collects and percolates into the ground. A proposed drainage plan for the developed site indicating the direction and rate of runoff and those areas where storm water will collect and percolate into the ground shall also be included. D. A proposed finished grading plan showing contour intervals appropriate to the topography or spot elevations clearly indicating the relationship of proposed changes to existing topography and remaining features. • E. Where the subdivider owns property adjacent to that which is being proposed for the .subdivision, the subdivider 10.28 shall submit a sketch plan of such remaining property so as • to depict the possible relationships between the proposed subdivision and the future subdivision. F. Potential resubdivision and use, including placement of structures, of Large lots shall be indicated in a satisfactory manner. G. A plan for soil erosion and sediment control both during construction and after development has been completed. The plan shall include a timing schedule and sequence of operation indicating the anticipated starting and completion dates of the particular development sequence and the estimated time of exposure of each area prior to completion of effective erosion and sediment control measures. Gradients of waterways, design of velocity and erosion control measures, and landscaping. of the erosion and sediment control system shall also be shown. H. A vegetation preservation and protec ion plan to provide stabilization of erosive or sediment-producing areas by covering soils with: i. Permanent seeding or sodding, producing areas • covered with a turf of perennial sod-forming grass. ii. Short-term seeding, producing temporary vegetative cover such as annual grasses, grains or other temporary ground cover. iii. Mulching, by the application of plants or other suitable material on the newly seeded surface to conserve moisture, hold soil in place and aid in establishing plant cover. H. Any variances required shall be shown on the preliminary .plat. I. Such other information as may be requested by the City for review of the application. 1008.12 - DATA FOR FINAL PLAT 1. General. A. The final plat shall be prepared by a land surveyor who is registered in the State of Minnesota and shall comply with . the provisions of the Law and of this Ordinance. 10.29 • B. Surveying requirements for the final plat shall be under the regulation of the County Surveyor. The County Surveyor shall submit a report to the City regarding the conformance of the proposed final plat to the approved preliminary plat., the requirements of this Ordinance and all provisions of the Minnesota Statutes regarding the platting of land. If the County Surveyor initially prepared a proposed final plat, another Registered Land Surveyor chosen by the City shall examine said plat and submit a report to the City. C. Title opinion prepared or approved by the City Attorney based upon examination of an abstract of the records of the County Recorder or the Registrar of Titles for the lands included within the plat and showing the title to be in the name of the owner or subdivider. The date of continuation of the abstract examined or the date of the examination of the records shall be within thirty (30) days prior to the date the final plat is filed with the County Auditor. The owner or subdivider shown in the title opinion shall be the owner of record of the platted lands on the date of recordation of the final plat with the County Recorder or Registrar of Titles. • D. Execution by all owners of any interest in the land to be subdivided and any holders of a mortgage therein of deeds or easements for any area to be conveyed for public use and any covenants or association .documents in such form as shall be approved by the City Attorney. E. The subdivider shall provide one (1) print of the final plat on 11" x 17" drawn at a scale of 1" equals 200'. 1008.13 - SUBDIVISION DESIGN STANDARDS 1. General Requirements. A. -The proposed subdivision shall conform to the Comprehensive Plan official maps and zoning ordinance. B. The arrangement, character, extent, width and location of all streets shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographic conditions, to runoff of storm water, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.. Wherever feasible and necessary, the arrangement of streets in new subdivisions shall provide for • the continuation of existing streets in adjoining areas. 10.30 Where adjoining unsubdivided areas may be subdivided in the future, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations; temporary easements for vehicular movement shall be provided until the adjoining areas are developed. 2. Streets/Alleys. A. W' hs - Street right-of-way widths shall be as determined in the Comprehensive Plan and official map, if adopted, and, where applicable, shall conform to county and state standards for trunk highways. If there are no such plans or standards, right-of-way widths shall conform to the foll©wing minimum dimensions: tre t Right-of-Wav Width Arterial------------------------------80 ft. Collector-----------------------------70 ft. Minor Street--------------------------60 ft. Cul-de-Sac Turnaround Radius----------60 ft. B. S reet Intersections - Insofar as practical, streets shall intersect at right angles. In no case shall the angle formed by the intersection of two streets be less than sixty !60°) degrees. Intersections having more than four corners shall be prohibited. Street centerlines should match at four-way intersections. If this is not possible, there must be a minimum of 150 feet separation measured between centerlines. C. Tangents - A tangent of at least three hundred (300} feet shall be introduced between reverse curves on arterial. and collector streets. D. Deflections - When connecting street lines deflect from each other at one point by more than ten (10°) degrees they shall be connected by a curve with a radius adequate to ensure a sight distance within the Right-of-Way of not less than five hundred (500) feet for arterials, three. hundred (300) feet for collectors, and one hundred (100) feet for all other streets. E. Turning Radius - Proper design should consider required turning radius of vehicles for access points or entrances to and from a highway using standards adopted by the Minnesota Department of Transportation. • C] • 10.31 • F. Loca ion Re irements - Except in the case of a shopping center, planned as a unit with off-street parking and loading space, either a public or private alley shall be provided in a block where commercially zoned property abuts a major thoroughfare or a major street. Alleys in residential areas will not be permitted except by resolution of the City Council. G. Widths - Alleys, where permitted by the City Council, shall be at least eighteen (18) feet wide in residential areas and at least twenty-four (24) feet wide in commercial areas. H. Grades - All centerline .street gradients shall be at least five-tenths percent (0.5%) and shall not exceed the following: arterials and collector streets - 5o to 8%, minor streets - 80. I. Minor Streets - Minor streets shall be designed to discourage use by through traffic. J. Cut-de-sacs - The City reserves the right to restrict the number and length of Cul-de-Sacs in a subdivision. Under . certain conditions, Cul-de-Sacs may be inappropriate or undesirable in terms of their relationship to the City's transportation plan, emergency vehicle access, school bus traffic and public maintainance such as snowplowing. The .maximum length of a street terminating in a Cul-de-Sac shall be seven hundred (700) feet, measured from the center line of the street of origin to the center of the Cul-de-Sac. Longer cul-de-sacs shall not be allowed, except where the City Council determines that: i, the Cul-de-Sac is temporary because the street is designed to extend into adjoining unsubdivided property and connect with a future street; or ii. it has been clearly shown that, by reason of unfavorable land form or the irregular shape of the land, a normal pattern cannot be established or land would be .wasted if the additional length were not allowed. K. Half Streets - Half streets shall be .prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in • which case the dedication of a half street may be permitted. 10.32 The probable length of time elapsing before dedication of the remainder shall be a factor considered in making this • determination. L. Private Streets - Private streets shall not be allowed nor shall public improvements be approved for any private streets. Private streets may be approved only if the City determines that: i. Private ownership will not adversely impact public health, safety and welfare. ii. The design is in compliance with appropriate engineering standards and requirements. iii. A permanent and satisfactory street maintenance .agreement, association document (if applicable), and financial assurances exist ensuring that city maintenance will not be required. iv. A permanent and sufficient right of access to all users is provided. M. Hardship. to Owners of AdjQinina Property - Street. arrangements for the proposed subdivision shall not cause • undue hardship to owners of adjoining property in subdividing their own land and .providing convenient access to it. N. Dedication - All proposed streets shown on the plat shall be in conformity with the Comprehensive Development Plan and County comprehensive plans and shall be offered for dedication as public streets. 4. Blocks. The length, width and acreage of blocks shall be sufficient to provide convenient and safe access, circulation, control and street design. Blocks may not be longer than one thousand three hundred (1,300) feet, or shorter than three. .hundred .(300). feet except as specifically recommended by the City Administrator and City Planner and concurred with by the City Council to foster innovative design consistent with sound planning principles. 5. Pedestrian Corridors. Pedestrian ways may be required in areas to provide access to schools, parks and other public destination points. Easements or dedicated corridors for pedestrian ways between residential dwelling units shall be at least twenty (20) feet in width. 6. Lots. L~ 10.33 A. Location - All lots shall abut and have direct access to • a street. The City may establish different access width requirements for specific Lots based on lot location and shape, needs created by the permitted use and traffic volumes and patterns proximate thereto. B. Width - Lots shall have the required minimum width at the street Right-of-Way line and the building setback line except for those lots for which the side lots are not parallel. C. Size - Lot dimensions shall comply with minimum lot area and other dimensional requirements specified in the Zoning Ordinance. D. Side Lot Lines - Side lines of lots shall be substantially at right angles to straight lines or substantially radial to curved street lines. E. Drainage - Lots shall be graded so as to provide drainage away from building locations and directed down lot lines within the proposed drainage and utility easements. Any lot drainage which is directed onto an adjacent lot must be within a drainage easement. • F. Natural Amenities - Lots shall be placed to preserve and protect natural amenities, such as vegetation, wetlands, steep slopes, water courses and historic areas. G. Lot Remnants - All remnants of lots less than minimum lot size remaining after the subdivision of a larger tract must be added to adjacent lots rather than be allowed to remain as unusable parcels. H. Access to Arterial Streets - Where a proposed subdivision is adjacent to a limited access highway or arterial street, there shall be no direct vehicular or pedestrian access from individual lots to such highways or streets. To accomplish that, right of access shall be dedicated to the City on the final plat. To the extent feasible, access to arterial streets shall be at intervals of not less than one-fourth (1/4) mile and through existing and established crossroads. I. Platting of Small Tracts - In the platting of small tracts of land fronting on arterial streets where there is no convenient access to existing entrances, and where access • from such plat would be closer than one-fourth (1/4) mile from an existing access point, a temporary entrance permit 10.34 1 ' may be granted. Provision shall be made in such plats for • the connection of roads to neighboring land. As the neighboring land is platted and developed, and access becomes possible at a preferred location, such temporary entrance permits shall became void, at the discretion of the City Council. J. Double Frontage Lots - Double frontage lots with frontage on two E2) parallel streets or reverse frontage shall not be permitted except where lots back on an arterial or collector street. .Such lots shall have an additional depth of at least ten (10) feet to accommodate vegetative screening along the back lot line. A landscape easement may be required to be recorded with the County against these lots along with the recording of the final plat. K. Butt Lots - Shall be platted at least 10' wider than minimum for that zoning district. 6. Sewage. DisBosal. A. In areas being platted without public or central sewage systems, construction, location, design and inspection of all individual sewage treatment systems within the City shall be in accordance with Minnesota Pollution Control Agency • Individual Sewage Treatment Systems Standards, Chapter 7080 et. seq. (hereinafter and heretofore referred to as Chapter 7080), as amended from time to time, which standards are hereby adopted by reference and made a part hereof as fully as though set forth herein in full, three (3) copies of which are on file with the City Clerk. B. In addition thereto, the following appendix to Chapter 7080 is hereby adopted by reference and made a part hereof as fully as though set forth in full, a copy being on file with the City Clerk: is Appendix A: Alternative Systems. 7. Tree Removal and Conservation of Vegetation. All subdivisions shall be planned, designed, constructed and maintained consistent with the following, at the City's discretion: A. Existing healthy trees and native vegetation on the site shall be preserved to the maximum extent feasible and shall be protected by adequate means during construction. • 10.35 B. Where inadequate vegetation exists on land not being • disturbed for development, permanent vegetation shall be established as soon as possible. C. Following construction, vegetation suitable to the site shall be planted. The type or species of tree planted shall be approved by the city. Trees with root structures that are less likely to interfere with utility lines or sidewalks, or cause other nuisance damage are preferable. Trees shall have a trunk diameter (measured twelve (12) inches above ground level) of not less than two (2} inches, and shall. be planted in not less than one (1) cubic yard of good growing soil. with a suitable amount of fertilizer. Approved multiple varieties shall be used alternately. Trees shall be planted at intervals of at least one every sixty (60) feet and'at a distance of at least six (6) feet outside of the road Right- of-Way. No tree shall be planted within the road Right-of- Way. D. Consistent with approved grading plans, existing trees shall be preserved within any Right-of-Way when such trees are suitably located and in good health. E. No slash, dead trees, or uprooted stumps shall remain • after development. 8. Erosion and Sediment Control. The following guidelines shall be applied in the subdivision and development of land areas, at the City's discretion: A. The development shall conform to the topography and soils so as to create the least potential for soil erosion. B. Erosion and sediment control measures shall be coordinated with. the different stages of development. Appropriate control measures shall be installed prior to development when necessary to control erosion. C. The smallest practical increment of land shall be exposed at any one time during development. D. When soil is exposed, the exposure shall be for the shortest feasible period of time, but not longer than sixty (60) days. E. Where the topsoil is removed, sufficient aerable soil shall be set aside for respreading over the developed area. • The soil shall be restored to a depth of four (4) inches and 10.36 shall be of a quality at least equal to the soil quality . prior to development. F. .Critical erosion areas exposed during construction shall be protected with temporary vegetation, mulching or other acceptable means. G. Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from land subject to earth disturbance activities. H. Diversions shall be installed to divert surface water runoff from slopes of ten percent (10%) or steeper. I. Provisions shall be made to effectively accommodate increased runoff from slopes of ten percent (10%) or steeper. J. .Cut and fill slopes shall not be steeper than three feet horizontal to one foot vertical (3 :1) unless stabilized by a retaining wall, rip-rap, or other acceptable means. K. During .grading operations, necessary measures for dust control, as required by the City, shall be implemented. • 9. DrainacLe. The natural drainage system shall be used to the maximum: extent feasible for the storage and flow of runoff. The design of the drainage system shall conform to the City's overall storm water management plan. The following requirements shall also apply.: ~. Proposed drainage facilities shall have adequate capacity to accommodate potential runoff from their entire upstream drainage area, whether within or without the subdivision. The effect of the subdivision on existing downstream drainage areas outside the subdivision shall be considered in evaluating the adequacy of the storm water management. plan.. B. .Storm water runoff shall be discharged to marsh lands, swamps, retention basins or other treatment facilities. Marsh lands and swamps used for storm water shall provide for natural or artificial water level control. C. No existing ditch, stream, drain or drainage canal shall be deepened, widened, rerouted or filled without review and approval by the City. • 10.37 ~ f i D. Where artificial channels must be constructed to augment the natural drainage system, such channels as well as the natural drainage ways may be planned as part of a recreational trail system. Channels shall be designed to be aesthetically compatible for recreational trail use. E. Quality of storm water runoff and water infiltrated to the water table shall remain undisturbed, to the maximum extent feasible, by development of the subdivision. F. The drainage system shall be constructed and operational as part of the first stage of development and construction. G. All existing and proposed drainage facilities shall be located within the drainage and utility easement. • • 10.38 10 Q 8.16 - EASEMF'N_,T'~ All easements shall be dedicated by appropriate language on the plat as required by Law and in accordance with the following: 1. Drainage and Utility. Easements at least ten (10) feet wide, centered on rear and other lot lines, and (10') ten feet wide along front lot lines, shall be provided. All easements along. the plat boundary shall be (10') ten feet wide, or a minimum of (5'} five feet wide if abutting an existing drainage and .utility easement on the adjacent property, and (10') ten feet wide along Rights-of-way. Easements shall have continuity,of alignment from block to block. No fences, driveways, paved surfaces, other structures, or plantings other than grass can be placed in a utility easement where it will interfere with the maintenance of said utilities, unless approved by the City. If removal of a fence, other structure,. or planting is necessitated for maintenance of utilities, the cost of removal and replacement is the responsibility of the affected property owner. 2. Drainage. Easements shall be provided along each side of • the centerline of any water course or drainage channel, whether or not shown in the Comprehensive Development Plan, to a width sufficient to provide proper maintenance and for storm water runoff for designed storm event determined by the City, but shall not be less than twenty (20) feet in width. 3. Uti itv. Easements shall be provided along lot lines or across property to accommodate the extension and maintenance of utility lines. Easement width is typically (10} feet, however, may vary depending upon the type of utility the easement is to serve. 4. - Protection of Nat~?ral Water Badie~ and Wetlands. Where any - plat, replat or subdivision of land adjoins anatural lake, pond or stream, including streams which flow only intermittently, the City, in its discretion, may require that a strip-of land running along .all sides thereof which are contiguous to such lake, pond or stream, shal be either (i) dedicated to the City for public use, or (ii) subject to a perpetual easement in favor of the City over and in said land and the bed and water body of such lake., pond, or stream for the purpose of protecting the. hydraulic • efficiency and the natural character and beauty of such lake, pond, or stream. The Planning Commission shall also then be granted to the City the right of ingress to and egress from the said strip of land with men, equipment and materials.. Where the easement is determined to be in the best interests of the City,. said easement shall also provide that the owners of the areas as to which said easement is granted shall not make, do, or place any fill, grading, improvement or development of any kind on or to such easement area, or raise the level of the easement area in any way, but all. such right to fill, grade, improve and develop, and to raise the level of the easement area shall be granted by said easement to the City. 1A08.18 - DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR BUBLIC PURPOSE 1. In every plat, replat or subdivision of land to be developed far residential,. commercial, industrial, or as a planned development which includes such uses or any combination theregf, as general rule, it is reasonable to require that an amount of land equal in value to ten percent (10~) of the .undeveloped land. proposed to be subdivided shall be set aside and dedicated by the tract owner or owners to the general public as open space for parks, playgrounds, trails., or public open space; or, at the option of the City, the tract owner or owners shall contribute to the City an amount of cash equal to .the fair market value of the undeveloped land otherwise required to be so set aside and dedicated, or set aside and dedicate a part of such land and contribute the balance of such undeveloped land value in cash. The City Council shall determine the amount to be required by resolution from time to time. Any monies so paid to the City shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, trails, public open space and development of such areas and sites, and for debt. retirement in connection with land previously acquired. or developed for such public purposes. For purposes of thi s Ordinance, "fair market value of the undeveloped land" is defined as the fair market value of the land within such plat, replat, or subdivision as of the date the plat., replat, or subdivision is presented to the City Council for approval of the final plat, as determined by the City Assessor in the same manner as he determines the fair market value of land for tax purposes. 2. In addition, in every plat, replat, or subdivision of land to be developed for residential, commercial, or as a planned unit development which includes such uses, .the land required for public streets, regional storm water holding ponds and wetlands shall be set aside and dedicated by the owners to 10.41 • s: document:ordinance:100816 the City. These areas will not be credited towards any park dedication requirements. 3. Whenever a trail and/or sidewalk is required as part of an approved subdivision the developer shall be responsible to construct said improvement along with the public improvements to serve the subdivision. 1008.20 - MAINTENANCE OF COMMON OPEN SPACE: OPERATING AND MAINTENANCE REQUIREMENTS FOR RESIDENTIAL SUBDIVISION COMMON OFEN SPACE FACILITIES Where certain land areas or structures are provided within the subdivision for private recreational use or as common service facilities, the owner of such land and buildings shall enter into an agreement with the city to assure their continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following, depending upon which is more appropriate in the discretion of the City: 1. Dedicated to the public where a community-wide use would be anticipated; or 2. Subdivider's ownership and control; or • 3. Landowners (Homeowners) Association ownership and control, provided all of the following conditions are met: A. The Landowners (Homeowners) Association must be established prior to the sale of any lot; B. Membership must be mandatory for each owner and any successor in interest; C. The open space restrictions must be in perpetuity and not for a specified term of years; D. The Association must be responsible for liability insurance, local taxes, and .the maintenance of residential and other facilities; E. Landowners (Homeowners) must pay their pro rata share of associated costs and the assessment levied by the Association shall become a lien on the property in accordance with the Law; and F. The Association must be able to adjust the assessment to meet changed circumstances. and needs. 10.42 s : do current: ordinance:100816 ~1 1. ?,~ro~ements Listed and Described. Prior to the. recording of a final plat approved by the City Council as the Platting Authority under the Law, the subdivider shall have agreed in the manner set forth in this Section 1008.22 to cause the following improvements to be installed in conformity with construction plans approved by the City Engineer and in conformity with all applicable standards and ordinances of the City. A. Survey Monume~~ - A11 subdivision boundary corners, block and lot corners, road intersection corners and points of tangency and curvature shall be marked with durable iron of steel survey monuments .meeting the minimum requirements of state law. All U.S. State, county, and other official benchmark monuments or .triangulation station in or adjacent to the property shall be preserved in position unless a relocation is approved by the controlling agency. At the end of construction a1Z monuments .shall be in place. B. Streets and Allevs - The full width of the Right-of- • Way of each street and alley be dedicated on the plat and shall be graded as required. All streets and alleys shall have an adequate sub-base and shall be improved with an all-weather permanent surface in accordance with the design standards specified by the City. These may vary according to the type of street. C. Soncrete Curb and Gutter - Concrete curb and gutter shall be required for all paved streets within the urban service area. Concrete curb and gutter may also be required by the City Council on rural streets if it is determined-the curb is necessary for drainage or other related purposes. _. _ . D. Sidewalks - Sidewalks may be both sides of all arterial a residential, commercial and within a subdivision when it Council that a sidewalk will circulation. required .along .one or nd collector streets in industrial areas or is determined by .the City benefit pedestrian E. Water Suonly -Subdivisions within the urban service area shall be connected to the public water supply system. The public water supply system shall be designed in accordance with City standards. 10.43 s:document:ordinance:100816 • F. S wage Disposal i. Subdivisions within the urban service area shall be connected to the public sewage system and services must be provided to all lots. Sanitary sewer mains and service connections shall be installed to serve all the lots in the subdivision and shall be connected to the public sewage system. ii. Subdivisions outside the urban service area shall provide an adequate sewage disposal system for each lot. Each lot shall provide for a primary and secondary system that meets all applicable standards and regulations. G. Drainage - A drainage system that will adequately accommodate the surface water runoff within the subdivision, as required by this Ordinance, and comply with the City's comprehensive drainage plan, shall be provided. H. Sicmaae - Street signs of standard design approved by • the City shall be installed at each street intersection. All other necessary signage as required by the City and made part of improvement plans shall be provided. I. Street ~,,~chtina - Street lighting of a type approved by the City may be required at all intersections and other locations within the subdivision. J. Public ans,~ Private Utilii~y Lines - When practical and feasible, all utility lines for new subdivisions shall be installed underground. K. Front Yard Trees - Following construction, vegetation consistent with the surrounding area and suitable to the site shall be planted. The type or species of tree planted shall be approved by the city. Trees with root structures that are less likely to interfere with utility lines or sidewalks, or cause other nuisance damage are preferable. Trees shall have a trunk .diameter (measured twelve (Z2) inches above ground level) of not less than two (2) inches, and shall be planted in not less than one (1) cubic yard of good growing soil with a suitable amount of fertilizer. Approved multiple varieties shall be used 10.44 s: document:ordinance:100816 alternately. Trees shall be planted at intervals of at least one every sixty (60) feet and at a distance of at least six (6) feet outside of the road Right-of- Way. No tree shall be planted within the road Right- of-Way. 2. Responsibility for Improvements• Subdivision Financj,~a, Agreements - Subsequent to approval of the final plat and .prior to recording of the final plat, the Developer shall enter into a Developer Agreement with the City far the installation of all public improvements necessary for the subdivision. .Developer shall cause all street, water, sewer, drainage and other improvements required by the City to be completed pursuant to the Developer Agreement. A. All public improvements shall be installed by the Developer unless the City has required, or specifically agreed in the Developer Agreement, that the City shall install one or more of the improvements. City shall have the right to require that certain improvements be installed by the City, or to decline to install any one or all of the required improvements. B. Developer shall install and complete all developer installed improvements at his own expense under the supervision and inspection of the City, pursuant to such terms as the City shall require in the Developer Agreement. Developer shall reimburse City for all of its costs supervising the installation of developer installed improvements. In addition,. the developer shall deposit with the City cash, a letter of credit or such other financial guarantee acceptable to the City in an amount equal to the estimated total cost of installing the developer-installed improvements. C. City will install and complete those improvements which the City has agreed to install, pursuant to the terms of the Developer Agreement. Developer shall be responsible for the City's entire cost of installing the improvements, unless otherwise provided by the Developer Agreement. D. City shall not install any public improvements unless and until Developer has petitioned the City to install specific improvements, has agreed to pay the City`s entire cost of reviewing the preliminary and final plat and installing the requested improvements, and has deposited with the City cash, a letter of credit 10.45 • • • s: document: ordinance:100& 16 • or such other financial guarantee acceptable to the City in an amount equal to the estimated total cost of installing the City-installed improvements. E. The City's entire cost of installing public improvements for the subdivision shall be assessed by the City to the individual properties within the subdivision in accordance with the special assessment policies of the City over such period of time as the. City determines, unless the Developer Agreement provides otherwise. The financial security required by Section 2(D) above shall remain in place until the entire amount of the assessments .has been paid, but may be reduced from time to time as partial payments are made. All requests for variances from the provisions of this .Ordinance shall be made and decided in the .following manner: 1. The City Council may grant a variance from the strict requirements of this Ordinance, but only upon finding that an unusual hardship on the land exists, and specifically • that: A. The hardship is not a mere inconvenience. B. The hardship is caused by the particular physical surroundings, shape or topographical conditions of the land. C. The condition or conditions upon which the request for a variance is based are unique and not generally applicable to other property. D. The hardship is caused by this Ordinance and not by any persons presently having an interest in the land. E. The. granting of a variance will not be substantially detrimental to the public welfare or to other land or improvements in the neighborhood of the land, and is in accord with the general purpose and intent of this Ordinance. 2. Variance requests shall be reviewed by the Planning Commission and acted on by the City Council as part of the • preliminary plat and final plat approvals. 10.46 s:document:ordinance:d 00816 1008.26 - RESTRICTTnIJS ON FILING AND RECO ING CONVEYANCES • 1. No conveyance of land to which these subdivision regulations are applicable shall be filed or recorded if the land is described in the conveyance: A. By metes and bounds. B. By reference to an unapproved Registered Land Survey made after April 21, 1961.; or C. By reference to an unapproved plat made after June 24, 1971, if the land is located in the Former Town of Elk River; or D. By reference to an unapproved plat made after December 7, 1970, if the land is located in the Former City of Elk River. 2. Section 1008.26(1) shall not apply to a conveyance if the .land described: A. Is located in the Former Town of Elk River and was a separate parcel of record on June 24, 1971; or B. Is located in the Former City of Elk River and was a separate parcel of record on December 7, 1980; or C. Is located in the Former Town of Elk River and was the subject of a written agreement to convey entered into prior to June 24, 1971; or D. Is located in the Former City of Elk River and was the subject of a written. agreement to convey entered into. prior to December 7, 1970; or E. Was a separate parcel no less than two and one-half (21/Z) acres and one-hundred fifty (150) feet in width on January 1, 1966; or F. Was a separate parcel of not less than five (5) acres in area and three hundred (300) feet in width on July 1, 1980; or G. Was a single parcel of commercial or industrial land of not less than five (5) acres and having a width of not less than three-hundred (300) feet and its conveyance does not result in the separation or • division of the parcel into two (2) or more lots or l 0.47 s:document:ordinance:100816 • parcels, any one of which is less than five (5) acres or three-hundred (300) feet in width; or H. Is a single parcel of residential or agricultural land of not less than twenty (20) acres and having a width of not less than five-hundred (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 twenty (20) acres in area or five-hundred (500) feet in width. 3. 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 these subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the .conveyance may then be filed or recorded. 4. Any owner or agent of the owner of land who conveys a lot or a parcel in violation of the provisions of this Section 1008.26 shall forfeit and pay to the City a penalty of not less than One-Hundred Dollars ($100.00) for each parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of • competent jurisdiction. All registered land surveys in the City shall be presented to the City in the form of a preliminary plat in accordance with the standards set forth in this Ordinance. Tracts to be used as easements or roads shall be designated thereon. As to Registered Land Surveys containing two or fewer tracts, Administrative Subdivision Review Committee and City Council approval of the arrangement,. size and relationship of the proposed tracts, in accordance with standards and procedures for review of administrative subdivisions as heretofore described, shall be - required. As to Registered Land Surveys containing more than two tracts, Planning Commission and City Council approval of the arrangement, size and relationship of the proposed tracts, in accordance with standards and procedures for review of standard subdivisions as heretofore described, shall be required. .Absent such required approvals, as herein provided, building permits on the proposed tracts shall be withheld, tracts conveyed to the City for streets or roads shall not be accepted and no public monies shall be expended for the installation of utilities or improvements for any such tracts. 10.48 s: document:ordinance:100816 ?008.30 - BUI DING PERMITG • No building permits will be issued by the City for the construction of any building, structure or improvement to the land or any-lot in a subdivision, as defined herein, until there has been full compliance with all the provisions of this Ordinance. This Ordinance may be amended by the City in accordance with the provisions of the Law. Any person, partnership, corporation or agency that violates any of the provisions of this Ordinance shall be guilty of a misdemeanor, punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for a period nat to exceed ninety (90) .days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. The City may withhold,. revoke or deny any permits, approvals or any action required of it if there is a violation of this Ordinance. Each week during which violation exists shall constitute a separate violation. The City or any person or agency who suffers damage, or is likely to suffer damage, because of a violation of this Ordinance may apply to the District Court within and for Sherburne County, Minnesota, for injunctive relief to enjoin a violation or threatened violation of this Ordinance. 10.49 s:document:ordinance:100816 • 07/24/95 12:20 FAX 612 441 5665 JOHN OLI~'ER ASSO john OIiver & Associates, .Inc. civil Engineerlny Lend Svrnying Sd0 Dedye Aven~ee, Elk River, A!N SS330 Lend Flonnin9 (612) l42-?072 • Fn~r: 44I-S66S July 24, 1995 Mr. Steve Ach, City Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: City's proposed changes to Subdivision Ordinance Dear Steve: Since I was on vacation last week I did not have a chance to review the above until this morning. I have the following comments lettered in the same manner as the ordinance: • 1008.08, I, C, vii: I believe that if something is "recorded" with the County it could not then leave the Court House. I think you should reword this to say: "The subdivider shall furnish the City one (1) mylar copy of the final plat complete with all the recording data as determined by the County Recorder's or County Registrar of Titles offices. This shall include time and date of recording and Instrument. or Document number". 2008.10, 1, D (Graphic Scale):- Shouldn't this say "allowed" rather than "requested"? 1008.10, 2, A: I think the reference to "tied into the nearest section of quarter section corner by traverse." is unnecessary. Why not just say: "Boundary Survey"? The legal description will dictate whether on not a "tie" is necessary and the Land Surveyor is the one who is the best judge of that. For instance: "Elk Park Center 3rd" is a replat of the "1st .Add." and the "1st" contains said "ties". 1008.10, 2, F: "U.S.G.S.-data (etc)" is redundant. If the plat is on "City Datum" then it is already on "sea-level", which is what I think you're- trying to say here. 1008.10, 2, H, tad sentence: "Extend" should read: "extent". 1008.12, 1, B: The reference to the County Surveyor preparing the plat is no longer necessary since the County Surveyor's position is now .full time and he is thus prevented from also being in private practice within the County. 1008..12, 1, D: Please strike "or easements" as I read that to mean that-the holder of any existing easement within an .area to be platted must also .sign the record plat. That is contrary to practice, and perhaps law, and would be an unnecessary burden. f~j 0O1 C$ffiees in EIk River 5~ BurnsvilIe 07/24/95 12:20 FAX 612 441 5665 JOAN OLIVER ASSO I~ 002,, ,,,~; Page 2 July 24, 1995 Mr. Steve Ach, City Planner 1008.12, 1, E: The County already requires a "11 by 17" (for the Assessor) with no particular scale required. Why not coordinate this with them and all require the same thing. I think the "1 inch = 200 feet" requirement is a holdover from the days when these were required at that scale so as to simplify tracing onto "half- section" maps. 1008.22, 1, A .(Survey monuments): So as to be compatible with State Law (505.02, Subd. 1) this should read that monuments shall be placed within one. year. lOQ8.Z8 (Regi:tared Land Surveys): State Law, Ch. 548.47, Subd. 4, governs what may be shown on a "R. L. S . " and says : "None of said tracts or parts thereof may be dedicated to the public by said (RLS)". I think this precludes your requirement that "Tracts to be used as easements ar roads shall be designated thereon".' Thank you for the opportunity to review these proposed changes. The above are- the comments of this Land Surveyor only and Civil Engineers may have other comments. If there are .any questions, please let me know... Respectfully submitted, n Oliver, Land Surveyor Minnesota License No. 8194 a • • ~~ ?amsey • • .Eden Prairi® Piymo Lakeville aple t3rov Champlin m Lake •-- y.a _.... - rrCoon Rapids Blaine Andover grooklyn~P Inver Grove Fieichts CITY OF CHAMPLIN 422T624 P. 03 ~. ~ , , vi ,.n, ,.,~ i O1G 4~'f rnnn LCL~vn t tVt• ~U?'SYGT • iLKJr1 l+Vry J t'SIl1V 1 tU1~.7 5543 P-02/03 C' -for l~Q• ' Single Family Duplex ouad Multi ' 'Single Family ' Single. Family Single Family 590Q.~o pet unit 5885.00 per untt 5650.00 per unit fllus 5150.00 trails tee per unit SY. of grass land eras as determined by Council SO.OS5 per. squats fool of net {and 53,250.00 per acts 53,.600.00 per acr6 $.DO°Je ,of assBSSed valuation Single Fam1iY p per unit Industrial 52,058.00 par 2cre ~~o~. Commercial 53,064.00. per acre ' 'Single Family ~ od0 per acr~c~ju,-~-- S6,750,00 per acre Mvtii Family 54,500.00 per acre ~i4C%~o~Q, fib ,~` ~u,~-c-~C 10°t. of market value of land or 5400 per lot -based on recomrnerzdation from Park Ccmmi~s Single Family 538Q,00 per untt 31,152.t)0 per acre Townhornas 328b,00 per unit - (includes offices) Apartments ~ S238.00 per unit Single Family $620.00 per unit industrial $1,630.00 per acre Duplex $530.00 per unit Commercial S1.8S0.00 per acre TownhouselQuad 5460.00 per unit Multi Family 5390.00 per unit Mobile Hance 5475.00 per grit Cash. contribution based. on Commission recommendai}on - calculated on the 'market value' of !fie undeveloped land that would otherwise have peen conveyed or dedicated. 10°!° of assessed value per parcel {1=MY range: 320,000 - $30,000/acre .NOTE: Plats wi#h 8GO .- 1Z00~~-1-- 4 or less lots 350~.Dp per lot ~~c~t~ ~^r~c.,o ~~c A & E Districts R-1 8 R-2 R•3 5450.00 less than 1 unit 8AD per 3.3 acres all 'other dwellings ' 5700.00 per unit 5821.00 per unit 5553.00 per unit SSS3.00 per unit 5850.00 per unit 5850,00 per Unit 5650.00 per unit 4'/° of assessed value per parcel {FMY ransQ; 565,000 - $400,000/acre) P ~ A 5175.00 per 1,0100 sq 8'1 5175,00 ft gross floor 8'2.3 & 4 $125.00 area 1-1 t~ 1-2 875.00 1217 /9 3 CITY OF CHAMPLIN 4217624 P. 02 ,• (•IAP.-@3-1994 10 ~ 22 CITY OF F.'F+ht,;EY 612 427 5543 P .03103 PARK DEDICATtOt~f SURVEY -CASH CONTR[BITTlONS ~~ . • *' RFStnFKTlet ae Valley tOS6 of asaesssd land value (currently using S2C,Ct70/acre} ~ Lakes ' 'Formula using raw tend valve, housing denstty to arrive at amount equal to what a parcel could be purchased fior. • inhassen ' 'Single/Oetplex 5600,00 per unit park 33°/. or 5200 per unit tract MultllApts 3525.00 per .unit park St75.00 per unit trail ,~- .netonka <dale -nsvitle Stngte Family 5400.00 per unit Town/Duplex 5300.00 per unit Apartments $250.00 per unit Single Family Multi Family Single Family Duplex Multi 'Family 3-4 units Apt Complexes C01r11M[ERCFALrtNDLt~ }fit 5% of Land or cash in lieu of land (currently using 520,000/acre) s200.oo per t,4oo sq ft gross floor are a S3,OOO.OD per acre park 51,000.00 per acre trait Office/lnQ $0.20 per square fool Commercial $0,10 of buiidin area $525.00 per unit 51,575,00 pgr acre S42S.00 per unit , {c25h dedication in lieu of 10% Jand dedicafiort} 5512.40 per unit Commercial 53,500.00 per acre 5581.00 per unit Industrial 52,OOD.00 per acre 5596.00 per unit 5752.00 per unit ~ska Greater of $1,000 'per acre or Single/Duplex 5475.00 per unit TawnhomeslQuad; 5300.00 per unit AptS/Condos 5250.00 per unit . , ~odtaury Single t=arnily S725.b0 per tot Multi Family 5500.00. per unit Natalie Home 5350.00 per tat -_ (land ` corttrbution Is 1~0°J. of value of gross acres} \ c Fsi~~ ' 'Single Family 5450.00 per unit v,rlo S&W with Si3~W 51,750.00 per 8cre 511600.00 per 'acre 51,000.00 per acre 51,500.00 per acre. semount Single Family 5520.00 per unit 51,100.00 pflr acre (based on S% of lartid value at 522,000 per acre} or lake :single 3=a~.mily 5800.00 per unit St.oO per squats foci (plus 5300 on each bldg permit new constructton} -~ Rates wttl be proposed to change during 1994 at some point - recommenda;ians not yet mad ' 'These are the recommended rates for 1994 -not necessarily adopted at this lime. 1 2!7/93 • • 07/24/95 12:20 FAX 612 441 5665 JOHN OLIVER ASSO 0]001 john OIiver & Associates, Inc. avll F.nylne~cring land Svrvrying Sd 0 Dedge Avenues, Etk Rlver, MN SS330 Land P/onning (6I2) #11-092 • Faic: ##I-S66S July 24, 1995 Mr. Steve Ach, City Planner City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: City's proposed changes to Subdivision Ordinance Dear Steve: Since I was on vacation last week I did not have a chance t© review the above until this morning. I have the following comments lettered in the same manner as the ordinance: 1008.08,.1, C, vii: I believe that. if .something is "recorded" with the County it could not then .leave the Court House. I think you should reword this to say: "The subdivider shall furnish the City one (1} mylar copy of the final plat complete with all the recording data as determined by the County Recorder's or County • Registrar of Titles offices. ..This shall include time and date of recording and Instrument or Document number". 1008.10, 1, D (Graphic Scale): Shouldn't this say "allowed" rather than "requested"? 1008.10, 2, A: I think the reference to "tied into the nearest section of quarter section .corner by traverse" is unnecessary. Why not -just say: "Boundary Survey"? The legal description will dictate whether on not a "tie" is necessary and the Land Surveyor is the one who is the best judge of that. For instance:. ".Elk Park Center 3rd" is a replat of the "1st Add." and the "1st"-contains said "ties". 1008..10, Z, F: "U.S.G.S. data (etc}" is redundant. If the plat is on "City Datum° then it is already on "sea-level", which is what I think you're trying to say here. 1008.10, 2, H, 2nd sentence: "Extend" should read: "extent". 1008.12, 1, B: The reference to the County Surveyor preparing the plat is no longer necessary since the County Surveyor's position is now full time and he is thus prevented from also being in private practice within the County. • 1008.12, 1, D: Please strike "or easements" as I read that to mean that the holder of any existing easement within. an area to be platted must also sign the record plat. That is contrary to practice, and perhaps law, and would be an unnecessary burden. offices in EIk River Sr Burnsville 07/24/95 12:20 FAX 612 441 5665 JOHN OLIVER ASSO f~oo2 Forge 2 • July 24, 1995 Mr. Steve Ach, City Planner 1008.12, 1, E: The County already-requires a "lI by 17" (for the Assessor) with no particular scale required. Why not coordinate this with them and all require the same thing. I think the "1 inch 200 feet" requirement is a holdover from the days when these were required at that scale so as to simplify tracing onto "half- section" maps. 1008.22, 1, A (Survey monuments): So as to be compatible with State Law (505.02, Subd. 1} this should read that monuments shall be .placed within one year. 1008.28 (Registered Land Surveys): State Law, Ch. 508.47, Subd. 4, governs what may be shown on a "R.L.S." and says: "None of .said tracts or parts thereof may he dedicated to the public by said (RLS}". I think this precludes your requirement that "Tracts to be used as easements or roads shall be designated thereon". Thank you for the opportunity to review these proposed changes. The above are the comments of this Land Surveyor only .and Civil Engineers may have other comments. If there are any questions, please let me know. Respectfully submitted, \_ n Oliver, Land Surveyor Minnesota License No. 8194