Memo Second Reading Subdivision
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To: City Council
From: Nancy Anderson
Date: Thursday September 15, 1994
Subject: Second Reading for amendments to Subdivision and Zoning Ordinance
Attached is Ordinance 94-742, which will amend the Subdivision and Zoning
Ordinances. The Council's action ;s to approve Ordinance 94-742 for second reading
and order it published, The Ordinance will be effective on October 18, 1994
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e CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO, 94-742
AN ORDINANCE AMENDING THE ZONING
ORDINANCE AND SUBDIVISION ORDINANCE
BE IT ORDAINED by the City Council of the City of Hopkins as follows:
That the Hopkins Zoning Ordinance No, 500 be and the same is hereby amended by
amending the following sections with the following language:
Section 500,01
Subd. 6, "Comprehensive municipal plan" that compilation of material, statements, goals,
standards and maps adopted by the commission and used by the commission in making
recommendations for guiding the orderly development of the private and public sectors of the
city,
Subd, 9. !lEasement" is a grant by a property owner for the use of a strip of land, for the
purpose of constructing and maintaining, utilities, including but not limited to, wetlands, ponding
areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage
e ways and gas lines.
Subd. 13. "Lot" (flag) means lots or parcels with less frontage on a public street than is
normally required, The panhandle is an access corridor to lots or parcels located behind lots or
parcels which normally required street frontage.
Subd, 14. "Lot (through)" a lot, not a corner lot, which has a pair of opposite lot lines which
abut upon streets other than alleys.
Subd. 15, "Outlot" a parcel of land, included in a plat, which is smaller than the minimum size
permitted for lots and which is thereby declared unbuildable until combined through platting with
additional land; or a parcel of land which is included in a plat and which is at least double the
minimum size and which is thereby subject to future platting prior to development; or a parcel of
land which is included in a plat and which is designated for public or private open space,
right-of-way, utilities or other similar purposes. An outlot is unbuildab]e and no permits to
construct upon or improve an outlot may be issued,
Subd. 20, "Required public improvements" means those improvements in any proposed
subdivision, including streets, concrete curb and gutter, water and sewer systems and storm water
drainage systems, which are required in connection with the approval of any plat or other
subdivision,
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. Subd, 2l. "Right-of-way" an area or strip of land, either public or private, on which an
irrevocable right-of-passage has been recorded for the use of vehicles or pedestrians or both,
That section 500,01 is renumbered
Section 500,03
Subd, 3,
d) location, widths and names of existing or previously platted streets or other public ways,
parks and other public lands, permanent buildings and structures, easements and section
and corporate lines within the preliminary plat and to a distance 150 feet beyond the
boundary line;
e) location and size of existing sewers, water mains, culverts or other underground facilities,
both public and private, within the preliminary plat area and to a distance of 150 feet
beyond. Such data as grades, invert elevations, and location of catch basins, manholes,
and hydrants shall also be shown;
f) boundary lines of adjoining unsubdivided or subdivided land, within 150 feet, identifying
by name and ownership;
Subd, 4,
. c) typical cross-sections of proposed improvement upon streets and alleys, together with an
indication as to the method of disposing of the proposed storm water runotf in accordance
with all applicable rules and regulations;
Subd.7.
a) a statement and/or expert analysis of the proposed use of lots, type of business or industry
so as to reveal effect of the development on traffIC, fire hazards or congestion of
population; The city staff has the discretion to determine if expert analysis is needed,
d) notation made as to present or projected installation of sidewalks, boulevard
improvements, and the location of street trees;
g) a statement regarding the proposed access to the lot and how it will affect the adjoining
property,
Section 500,07,
a) refer two copies of the preliminary plat to the zoning and planning commission for its
examination and report and one copy to the city engineer tor his examination and report,
. Copies of the City Engineer's report shall be given to the zoning and planning commission
at least 15 days prior to the hearing required by 500,07 b,
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. Section 500.27
Subd, 1,
Classification Right-of-Way Roadway
Collector Streets 74 feet 48-52 feet
Minor Streets 66 feet 36 feet
Marginal Access Streets 60 feet
Subd. 10. Private rights-of-way. Private rights-of-way shall not be approved nor shaH public
improvements be installed in any private right-of-way,
500,33, Minimum standards: curb and gutter. Concrete curb and gutter shall be included as a
part of the required street surface improvement and shall thus be designed for the installation
along both sides of all roadway in accordance with the standards of the city,
500.35. Minimum standards: boulevard sodding, Boulevard sodding shall be included as a part
of the required street improvements,
-- 500.37 Minimum standards: sidewalks, Subdivision I, Width. Sidewalks required to be
included as part of the required street improvement and widths shall conform to the following
minimum standards. All sidewalks and curb openings shall conform to all applicable state and
federal standards,
Classification Width
Single family zone 5-6 feet
500.39. Minimum standards: pedestrian ways. In blocks of over 900 feet in length, pedestrian
crosswalks through the blocks, and at least ten feet wide, may be required by the city council in
locations deemed necessary to protect public health, convenience and welfare, Pedestrian ways
shall be suitably surfaced as determined by the city engineer.
500.43 Minimum standards: sewage disposal, Extensions of the public sanitary sewer system
shall be designed so as to provide sewer service to each lot. The design of said extensions shall be
in accordance with the standards of the city and all applicable state codes. Private or group
sewage systems shall be in accordance with state laws and this code and subject to approval by
the council.
500.45. Minimum standards: drainage, A complete and adequate design drainage system will be
. required for the subdivision and which system or systems shall be designed in conformity with all
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. applicable standards of the city, and subject to the approval of the city engineer and their
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govermng agencIes,
Section 500.55
Subd, 2. Size, The lot dimensions in subdivisions designed shall not be less than the minimum
dimensions required to secure the minimum lot area specified in the zoning code. For the
purposes of complying with the lot size requirements of the City's subdivision and zoning
regulations, no portion of any wetlands in excess of 50% of the total area of a lot will be taken
into account
Subd. 9, Lot shape, Lots shaH be substantially square, rectangle or triangular. Lots shall have a
minimum of 3 sides and a maximum of 6 sides to allow for utilities and drainage easements, The
shape of the lots shall generally conform to the lot shapes in the area,
Subd, 10. Flag lots, Flag lots are not permitted in any subdivisions,
Section 500.57
Subd, 3. Public improvements, In any such proposed subdivision which is intended or zoned for
any residential use, the subdivider will at the subdivider's expense, under the supervisions and
subject to the approval of the engineer, cause the extension, construction and installation of all
e required public improvements to every parcel resulting from such subdivision intended for present
development The subdivider may petition the council for such installation under the appropriate
Minnesota Statutes or under the city charter and cause the land benefited thereby to be specially
assessed therefor, In both cases the council will require such subdivider or developer to deposit
with the city clerk, either a cash amount or a surety bond approved by the city attorney equal to at
least 150% of the total legal and other fees and expenses in connection therewith to guarantee the
full payment of the installation of such improvements in such subdivision. The amount of cash or
of the surety bond required hereunder shall be fixed by an estimate made by the city engineer in
the same manner as the method provided by statute in such cases in the engineer's preliminary
report necessary for the installation of such utilities by the city, pursuant to the statues in such
cases. The cash amount or surety bond with 110t be released until one (1) year after final
acceptance as a means to provide a guaranteed one year maintenance period.
Subd. 4, Installation by subdivider. In all proposed subdivisions other than those intended for
residential use, the subdivider may be permitted at the subdivider's expense to install, or cause to
be installed, any or all such required public improvements in any part, or all of this subdivision,
provided that such constmction shall conform in all respects with the city standards, including
applicable statutes and requirements of this code and such plans are prepared at the expense of the
subdivider by a competent engineer and thereafter submitted to and approved by the engineer.
Thereafter prior to the issuance of any building permit upon any part, or pal1s, of such subdivision
the subdivder or the developer shall deposit with the clerk either cash or a surety bond approved
. by the city attorney in the amount to be determined by the engineer by the same method as set
forth in subdivision 2, such deposit to guarantee the payment of the entire cost of such proposed
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. installation designed to serve that pursuant to the plans on file therefor, One (1) year after the
completion of such installation of all such required public improvements, pursuant to such
approved plan, such deposit or bond shall be returned or canceled by the city in accordance with
subdivision 2 upon proof furnished by such subdivider or developer that the entire cost of such
installation and construction as required by the city has been paid in full, and that such installation
and construction was completed pursuant to plan and approved by the engineer.
That section 500 of the Hopkins of the subdivision regulations is hereby amended by
adding the following provision:
500,60 Waiver of Plat. Subdivision 1. In certain circumstances a waiver of plat maybe more
appropriate than a subdivision to divide a property if the subject property has been platted. An
applicant may apply for a waiver of plat if the following circumstances exist:
a) the lot(s) involved in the proposed division are platted
b) the division requested is a substantially single line
c) that the division will not create more than one additional lot
d) that the division will not require the dedication of a public right of way or extension of
utilities in a public right of way
- e) that the new lots created conform to all standards of the appropriate district
Subd. 2, Application, All applications for a wavier of plat must include a survey of the
property to be divided and the new legal descriptions of the property after the division.
Subd. 3, Action by the Commission, Application for a waiver of plat shall be referred by
the planing department to the Zoning and Planning Commission which shall hear the applicant, or
representative thereof, at its next regular meeting, provided all necessary data has been submitted,
The Commission shall recommend such conditions relating to the granting of the waiver as its
deems necessary to so as to carry out the intent and purpose of this code and the standards in
Subd. 1, or shall recommend denial of the request. The Commission's recommendation shall be
forwarded to the City Council.
Subd, 4. Filing, Applications for a waiver of plat shall be filed with the zoning
administrator with such filing fee as may be from time to time established by resolution of the
council.
That the Hopkins Zoning Ordinance No. 515-570 be and the same is hereby amended by
amending the following sections:
. Section 515.07
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. Subd. 47. Easement: is a grant by a property owner for the use of a strip of land, for the
purpose of constructing and maintaining, utilities, including but not limited to, wetlands, ponding
areas, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage
ways and gas lines.
Subd, 72. Lot: means a parcel of land delineated upon and thereafter described by reference to a
plat, registered land surveyor auditor's subdivision, or other similar recorded dedicatory
document,
Subd. 82. Lot - through: a lot, not a corner lot, which has a pair of opposite lot lines which abut
upon streets other than alleys.
Subd, 100. Outlot: a parcel of land, included in a plat, which is smaller than the minimum size
permitted for lots and which is thereby declared unbuildable until combined through platting with
additional land; or a parcel of land which is included in a plat and which is at least double the
minimum size and which is thereby subject to future platting prior to development; or a parcel of
and which is included in a plat and which is designated for public or private open space,
right-of-way, utilities or other similar purposes. An outlot is unbuildable and no permits to
construct upon or improve an outlot may be issued,
That the entire section 515 is renumbered.
-- Section 560
560,05, Frontage, No residence shall hereafter be erected upon any lot unless such lot abuts
upon an improved public right-of-way for at least 35 feet and provides access to the lot from this
right-of-way unless it is located within an approved P,UD. The access to a lot may be only 20 in
width from a public right-of-way
First Reading: September 6, 1994
Second Reading: September 20, 1994
Date of Publication: September 28, 1994
Date Ordinance Takes Effect: October 18,1994
Charles D. Redepenning, Mayor
ATTEST:
. James A. Genellie, City Clerk