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1994-742 CITY OF HOPKINS Hennepm County, Mmnesota ORDINANCE NO 94-742 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE BE IT ORDAINED by the City Council of the CIty ofHopkms as follows That the Hopkms Zoning Ordmance No 500 be and the same IS hereby amended by amending the following sectIOns with the followmg language Section 500 01 Subd 6 "Comprehensive murucipal plan" that compIlation of material, statements, goals, standards and maps adopted by the commISSIon and used by the commISSIOn m making recommendations for guidmg the orderly development of the pnvate and public sectors of the CIty Subd 9 "Easement" is a grant by a property owner for the use of a strip of land, for the purpose of constructmg and mamtaming, utIhtIes, mcludmg but not hmIted to, wetlands, ponding areas, sanitary sewers, water mains, electnc hnes, telephone lines, storm sewer or storm drainage 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 corndor to lots or parcels located behmd lots or parcels which normally reqmred street frontage Subd 14 "Lot (through)" a lot, not a corner lot, which has a pair of OppOSIte lot hnes which abut upon streets other than alleys Subd 15 "Outlot" a parcel of land, mcluded m a plat, WhICh IS smaller than the mInimum size permitted for lots and whIch IS thereby declared unbmldable until combmed 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 plattmg pnor to development, or a parcel of land which IS included in a plat and whIch IS deSignated for pubhc or pnvate 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 Subd 20 "ReqUired pubhc Improvements" means those Improvements In any proposed subdiVision, mcluding streets, concrete curb and gutter, water and sewer systems and storm water drainage systems, which are reqUired m connectIon with the approval of any plat or other subdIViSIOn Subd 21 "Right-of-way" an area or stnp of land, eIther pubhc or pnvate, on which an irrevocable nght-of-passage has been recorded for the use of vehicles or pedestnans or both That section 500 01 is renumbered Section 500 03 Subd 3 d) location, widths and names of existmg or previously platted streets or other public ways, parks and other public lands, permanent bUildmgs and structures, easements and section and corporate lines within the preliminary plat and to a dIstance 150 feet beyond the boundary hne, e) location and size of existing sewers, water mams, culverts or other underground facIlities, both pubhc and private, withm the prehminary plat area and to a distance of 150 feet beyond Such data as grades, mvert elevations, and locatIOn of catch basms, manholes, and hydrants shall also be shown, f) boundary lInes of adjoimng unsubdIvIded or subdivIded land, withm 150 feet, identIfying by name and ownership, Subd 4 c) typICal cross-sections of proposed improvement upon streets and alleys, together with an mdication as to the method of dIsposmg of the proposed storm water runoff 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 bus mess 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 zonmg and plannmg commISSIOn for ItS examinatIOn and report and one copy to the city engmeer for his examInation and report Copies of the City Engmeer's report shall be given to the zomng and planmng commiSSIon at least 15 days prior to the heanng reqUired by 500 07 b 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 nghts-of-way shall not be approved nor shall public improvements be installed m any private right-of-way 50033 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 50035 Mmimum standards. boulevard sodding Boulevard sodding shall be mcluded as a part of the required street improvements . 50037 Mimmum standards. sidewalks SubdivisIOn 1 WIdth Sidewalks reqUired to be included as part of the required street Improvement and wIdths shall conform to the followmg minimum standards All sidewalks and curb opemngs shall conform to all applIcable state and federal standards Classification WIdth Single family zone 5-6 feet 500 39 Mmimum standards. pedestrian ways In blocks of over 900 feet m 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 pubhc health, convemence and welfare Pedestrian ways shall be suitably surfaced as deterrmned by the city engmeer 500 43 Mmimum standards. sewage dIsposal Extensions of the pubhc 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 Mmimum standards. drainage A complete and adequate design draInage system wIll be required for the subdIVIsion and which system or systems shall be deSigned m conformity WIth all applIcable standards of the city, and subJect to the approval of the CIty engineer and their governing 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 complymg 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 shall be substantially square, rectangle or tnangular 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 perrmtted m any subdIVISIons Section 500 57 Subd 3 PublIc improvements In any such proposed subdIVision which IS mtended or zoned for any reSIdential use, the subdivider will at the subdivider's expense, under the supervisions and subject to the approval of the engmeer, cause the extenSIon, construction and installation of all reqUired publIc Improvements to every parcel resultmg from such subdiVISIon Intended for present development The subdIvider may petition the councIl for such installation under the appropriate Mmnesota 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 m 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 not be released untIl one (I) year after final acceptance as a means to provide a guaranteed one year maIntenance penod Subd 4 Installation by subdiVIder In all proposed subdiviSIOns other than those mtended for residential use, the subdivider may be permitted at the subdIVider's expense to mstall, or cause to be installed, any or all such reqUired publIc Improvements in any part, or all of this subdIVISIon, proVIded that such construction 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 parts, 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 m subdiviSIon 2, such deposit to guarantee the payment of the entire cost of such proposed . 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 m accordance wIth subdIvIsion 2 upon proof furmshed by such subdIvider or developer that the entIre cost of such installation and construction as required by the CIty has been paid m full, and that such mstallation and construction was completed pursuant to plan and approved by the engineer That sectIon 500 of the Hopkms of the subdIvisIOn regulations IS hereby amended by adding the following proviSIon 50060 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 followmg 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 nght of way or extension of utilIties in a publIc right of way e) that the new lots created conform to all standards of the appropnate dIstnct Subd 2 ApplicatIOn All applIcations for a waVIer of plat must 10clude a survey of the property to be dIVIded and the new legal descnptions 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 Zomng and Planmng CommissIOn whIch shall hear the applicant, or representative thereof, at its next regular meetmg, provided all necessary data has been submitted The Commission shall recommend such conditions relat10g 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 Hopkms Zomng Ordmance No 515-570 be and the same is hereby amended by amending the following sections . Section 515 07 . . Subd 47 Easement is a grant by a property owner tor the use of a strip of land, for the purpose of constructing and mamtammg, utilIties, includ10g but not lImited to, wetlands, pondmg areas, sanitary sewers, water mains, electric lines, telephone lInes, storm sewer or storm drainage ways and gas lines Subd 72 Lot means a parcel ofland delineated upon and thereafter descnbed 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, mcluded m a plat, WhICh is smaller than the mimmum SIze permitted for lots and which is thereby declared unbuildable until comb1Oed 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 pnor to development, or a parcel of and which is included in a plat and which IS designated for public or pnvate open space, right-of-way, utilitIes or other SImilar purposes An outlot IS unbUlldable and no permits to construct upon or improve an outlot may be issued That the entire section 515 is renumbered SectIOn 560 56005 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 U D 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