HomeMy WebLinkAbout2017-07-11 P & Z PacketPLANNING AND ZONING COMMISSION
C'-'*e MEETING AGENDA
r: Tuesday, July 11, 2017
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
IF YOU ARE UNABLE TO
MAKE THIS MEETING,
PLEASE LET US KNOW AS
SOON AS POSSIBLE. THANK
YOU!
1. June 6, 2017, Planning & Zoning Commission Meeting Minutes **Hopefully Prior to
Meeting**
V. PUBLIC HEARING
1. Peltier Estates Preliminary Plat, Rezone & Comprehensive Plan Amendment - 7357 - 20th
Avenue North (Moore Property), 18 Acres
VI. OLD BUSINESS
1. None.
VII. NEW BUSINESS
1. Recommendation to Council Regarding Peltier Estates Preliminary Plat, Rezone &
Comprehensive Plan Amendment - 7357 - 20th Avenue North (Moore Property), 18 Acres
2. Small Cell Deployment
VIII. ANNOUNCEMENTS
X. ADJOURNMENT
*REMINDERS**
Planning & Zoning Commission Meeting - July 11, 2017, 6:30 p.m. (Council Chambers)
Parks & Recreation Committee Meeting - August 2, 2017, 6:30 p.m. (Council Chambers)
City Council Meeting - July 28, 2017, 6:30 p.m. (Council Chambers)
City Council Meeting - August 9, 2017, 6:30 p.m. (Council Chambers)
Fete des Lacs - July 21, 22 & 23, 2017
Parade - July 22, 2017
5K/8K/Walk/Run - July 22, 2017
Paddle de Fete - July 23, 2017 (Paddle Board, Canoe & Kayak Race) - No One Left Hungry
Foundation
Music in the Park - July 11 & July 18, 2017
Night to Unite - August 1, 2017
Movie in the Park - September 16, 2017 - Laurie LaMotte Memorial Park (Movie TBD)
Music in the Park
Prairie Anthem - July 8, 2017, CenterMart Parking Lot (6-8 p.m.)
Aly Hanzal — July 11, 2017, Hidden Spring Park (6-8 p.m.)
Everchanging Mood — July 18, 2017, Hidden Spring Park (6-8 p.m.)
Soundfall — July 22, 2017, Parking Lot Across from City Hall (One Hour Before and After Parade)
Music in the Park
Dirty Shorts Brass Band — June 6, 2017, Hidden Spring Park (6-8 p.m.)
Cole Thomas — June 13, 2017, Hidden Spring Park (6-8 p.m.)
LaValle Jazz Cats — June 20, 2017, Hidden Spring Park (6-8 p.m.)
Mean Gene & the Woodticks — June 27, 2017, Hidden Spring Park (6-8 p.m.)
Prairie Anthem - July 8, 2017, CenterMart Parking Lot (6-8 p.m.)
Aly Hanzal — July 11, 2017, Hidden Spring Park (6-8 p.m.)
Everchanging Mood — July 18, 2017, Hidden Spring Park (6-8 p.m.)
Soundfall — July 22, 2017, Parking Lot Across from City Hall (10 -Noon)
CITY OF CENTERVILLE
NOTICE OF PUBLIC HEARING FOR PRELIMINARY PLAT, REZONE & COMP. PLAN
AMENDMENT FOR DIAMOND VIEW PARTNERS, LLC BEFORE THE CENTERVILLE
PLANNING AND ZONING COMMISSION
NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Centerville, Anoka
County, Minnesota, will meet at City Hall, 1880 Main Street on July 11, 2017, at 6:30 p.m. or as soon thereafter
as possible. The purpose of the meeting is to hold a public hearing to consider a preliminary plat, rezone &
Comp. Plan Amendment allowing a 17 lot development known as Peltier Estates to be constructed at 7357 —
20th Avenue North. The hearing shall continue until all evidence and testimony has been received by those
present or in writing prior to the meeting. All interested parties will be given an opportunity to be heard at said
time and place.
PROPERTY I.D. #: 7357 201h Avenue North (18 Acres)
The N %2 of NE1/4 of SEI/4 of SEC 14 TWP 31 RGE22, EX E 348.5 FT of S 125
FT of SD N1/2, EX RD, SUBJ TO EASE OF REC
City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be
received before 4:00 p.m., July 7, 2017.
Teresa Bender
City Clerk
Published in the Quad Community Press June 27, 2017.
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13-31-22-3 LINO LAKE! MN 55038 MATTAMY 7201 WASE EDINA MN 55439
14-31-22-41874 REVO CENTERVIL MN
55038 CENTERVIL 1880 MAIN CENTERVIL MN
14-31-22-47332 DEER CENTERVIL MN
55038 OLSON BU 7332 DEER CENTERVIL MN
14-31-22-4 7338 DEER CENTERVIL MN
55038 BARGER JIL 7338 DEER CENTERVIL MN
14-31-22-41874 REVO CENTERVIL MN
14-31-22-4 7341 DEER CENTERVIL MN
14-31-22-4 7396 OLD I CENTERVIL MN
14-31-22-1 LINO LAKE! MN
13-31-22-3 LINO LAKE! MN
14-31-22-4 7316 BRIAI CENTERVIL MN
14-31-22-4 7323 DEER CENTERVIL MN
14-31-22-4 7328 BRIAI CENTERVIL MN
14-31-22-4 7340 BRIAI CENTERVIL MN
14-31-22-4 7326 DEER CENTERVIL MN
14-31-22-4 7384 OLD I CENTERVIL MN
14-31-22-4 CENTERVIL MN
13-31-22-2 LINO LAKE! MN
14-31-22-4 7353 20TH CENTERVIL MN
14-31-22-4 7329 DEER CENTERVIL MN
14-31-22-4 7335 BRIAI CENTERVIL MN
14-31-22-47335 DEER CENTERVIL MN
14-31-22-47313 DEER CENTERVIL MN
14-31-22-4 7320 DEER CENTERVIL MN
14-31-22-17482 PELTI LINO LAKE! MN
14-31-22-4 7329 BRIAI CENTERVIL MN
14-31-22-4 7334 BRIAI CENTERVIL MN
14-31-22-4 7321 BRIAI CENTERVIL MN
55038 CENTERVIL 1880 MAIN CENTERVIL MN
55038 KUTALA WI 7341 DEER CENTERVIL MN
55038 FISCHER FR 7396 OLD r CENTERVIL MN
55038 LEIBEL HAL 7566 PELTI LINO LAKE! MN
55038 MATTAMY 7201 WAST EDINA MN
55038 CHRISTY D/ 7316 BRIAI CENTERVIL MN
55038 CHEATH SA 7323 DEER CENTERVIL MN
55038 CARPENTE17328 BRIAI CENTERVIL MN
55038 DAHL MAR 7340 BRIAI CENTERVIL MN
55038 WILD FRAN 7326 DEER CENTERVIL MN
55038 FRUTH CA? 7384 OLD I CENTERVIL MN
55038 MOORE RC 7353 20TH CENTERVIL MN
55038 MATTAMY 7201 WASE EDINA MN
55038 MOORE RC 7353 20TH CENTERVIL MN
55038 TILLGES STI 7329 DEER CENTERVIL MN
55038 PHILLIPS 1C 7335 BRIAI CENTERVIL MN
55038 HECKMAN 7335 DEER CENTERVIL MN
55038 SCHIPPEL A 7313 DEER CENTERVIL MN
55038 JOHNSON 17320 DEER CENTERVIL MN
55038 SALO TRUS 7482 PELTI LINO LAKE! MN
55038 TSCHIDA R17329 BRIAI CENTERVIL MN
55038 GEORGI DA 7334 BRIAI CENTERVIL MN
55038 HELSTROM 7321 BRIAI CENTERVIL MN
Mr. & Mrs. 7800 Pears Fridley MN
55038
55038
55038
55038
55038
55038
55038
55439
55038
55038
55038
55038
55038
55038
55038
55439
55038
55038
55038
55038
55038
55038
55038
55038
55038
55038
55432
CITY OF CENTERVILLE
APPLICATION FOR PRELE IINARY PLAT
e Any additional casts incurred for
DATE PAID: FEE'�(ZZW + Engineering, legal fees, publication or
other reauirements.
STREET LOCATION OF PROPERTY: "T .�� ZC� ,k4 e_
LEGAL DESCRIPTION OF PROPERTY:
SIZE OF PARCEL (S): te, `Z)GA_-eS
NUMBER OF LOTS PROPOSED IN THE PLAT: ASP
PROPERTY OWNER: PHONE #:9s�z-
FEE OWNER:
ADDRESS:
APPLICANTS INTEREST IN PROPERTY: ��/U '9 Z Z - xl Uo6 /
FEE OWNER CONTRACT PURCHASER
LEASE HOLDER OPTION TO PURCHASE
REASON FOR REQUEST:
By paying the above stated f stan thaX no refunds will be issued in full or in paM at any time, even if the
outcome is iW
gnature of pplicant Sigri;i& of operty owmn q
Date '
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STREET NOTES
1. THE PROPOSED STREET R 33 FT B TO BACK OF NRB UNLESS
OTHERWISE NOTED
L ALL TEMPORMY DEADEND SDUETS SMLL BE CLOSED WON TEMPORARY
BARRICADES AND ARE TO OF FULLY REFUCFORQED AND PROPERLY MAINTAINED
UNOI THESTREETISE NDED.
3. SEEDFTMSFORSMEETDESRSN STANDARDS
A. ALL SIDEWALKS ME TO BE A' TIRCIL 4,= M. CONSTRUCT PER DETAIU
PR DED
5. ME PAVEMENTSERIONSHALLSE CONSTRUCTEDINACCORDIINCE WON
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6. MY SPECIFIED THICKNESS K CONSDERED MINIMUM DEPTHS AMR
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T. MNDDi SPEC 2357 BITUMINOUS TACR COAT SHALL BE PLACED BETWEEN
SUCCESSIVE NTUMINDUS UFTSAO AGAINSTALLABUTTING EDGES
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R. ANT SMMIM AND SKSHAGE SHOWN SHALL BE IM74UD PER ME MN
MANUAL ON UMFORM TRAFFIC CONTROL DEVICES (MOMUTCOF THE
CONTRACTOR SHALL SUBMIT A TEMPdURV TRAFFIC CONTROL PUN TO BE
APPROVED BY ME CITY ENGMEER PRIOR TO COMMENCMENT OF ROM
IMPROVEMENTS
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915 N.ES
TYPICAL SECTION NOTES
1. ME TYPICAL SECTION SHOWN G ME MINIMUM ME" REQUIREMENTS.
SEE SPECIFNAl10RS FORFRORR SPECMCDCANS
2. PVI; DRIUNME SHALL BE INSTALLED BEHIND THE CURB SECTION.
DMINTRE TO BE INSTALLED AS REQUIRED TO ADEQUATELY DRAIN ALL SELECT
GMRMM FRLAREAS; CONNECT TOSTMI SEWER
3. SMEET SHALL BE DESIGN FDR A 35 MPN DESIGN SPEED WITH MINIMUM
.5%MD MAJUM1UM 6%GMDf
A. THE CITY RESERVES THE RIGHT TO INCREASE THE STREET SEMON BASED
91U ON SOIL CONORIOriS% THE SECTION SHOWN CONTMNS A 2O GMNUUR
SECTIO!. M ADDITIONAL FOOT MAY BE REQUIRED AT ME a" INS ,ECTDM
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S RECYCLED MATERIAL SHALL NOT BE ALLOWED IN BITUMINOUS WEAR
COURSE.
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STREET PLAN
<SUBDIV)SION NAME> XX
:)NDVIEW PARTNERS, LLC XX
STREET NOTES:
1. THE
PROPOS ED STREET R 33 FT AOt TO RACK OF CURB UNLESS
OTHERWISE NOTED.
2_ ALL TEMPORARY DEA6EN0 STREETS SHALL M CLOSED WQII TEMPORA"
BARRICADES AND ARE TO RE FULLY RFFIECTORQED AND PROPERLY MAINTAINED
UNTILTHE STREET IS EKTENDED.
3 SEE DETAILS FOR STREET DESIGN STMDARDS
1, ALL SIMWALKS ME TO BE A' THHX 4,000 M. CONSTRLKT PER DETAILS
PROVIDED.
5. THE PAVEMENT SECTMHL SHALL BE CONSTRUCTED IN ACCORDANCE WITH
MNOOT MOST CURRENT VERSION M'STANDARD SPEOFNATIONS TOR
(OMISTRL)T AND ALSO REQUIREMENTS OF OWNERS SOIL ENOINEEA
B. AMY SPIE ED TMCdESS N CONSNORED MMMUM DEPTHS A—
COAPACTION
T. MNDDT SPEC I357 BRUMINOLIS TACK CWT SHALL BE %ACED BETWEEN
SUC[FSSPIF NNMINOUS LIFTSMD AGAINST ALLMUMNG IMES
B. RECYCLED BOUMINOIb WEAR COIRSE MKNRE IS NOT ALUMED
9. AM STRIPING AND SIGNAGE SHOWN SHALL BE INSTALLED PER THE MN
MANUAL ON IINIFOHM TMFNC CONTt1O DE-1(MnMUTW) THE
CME1MRDR SHALL SUBMR A TEMPORA" TRAFFIC CONTROL PUN TO BE
APPROVED "THE OTY ENGINEER PRIOR TO COMMEMCMEM OF ROAD
IMPROVFME"
30 THE CONTRACTOR MUST NOTIFY AHMA COUNTY AT LEAST TI HOURS
PRIOR TO COMMENCING 20TH AVE TIE IN
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Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit (LGU) Address
Rice Creek Watershed District 4325 Pheasant Ridge Dr. NE #611
Blaine, MN 55449
1. PROJECT INFORMATION
Applicant Name
Project Name
Date of
Application
Thomas Fiutak & S. Colet Lahoz
Christenson Centerville
Application
Number
5770 West Bald Eagle Road
Delineation
05/10/2017
17-079R
White Bear Lake, MN 55110
® Attach site locator map.
"Type of Decision:
® Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing
❑ Replacement Plan ❑ Banking Plan
Iecnnical hvaluation Fanel t'incl ings anti Kecommenclation
❑ Approve ® Approve with conditions ❑ Deny
Summary (or attach): A partial site review occurred on 5/24/2017 by ACD and RCWD. The TEP
commented that an additional sample point should be conducted in the vegetated area just NW of sample
point 1-1 Up. A second site visit was attended on 6/6/17 by representatives from BWSR, RCWD and
Jacobson Environmental. The TEP investigated the areas that were not a part of the previous site review.
In addition, the consultant bore a hole in the area NW of 1-1 Up and did not find hydric soil. In
conjunction with the topographic position, the TEP saw no need for further investigation of the area.
2. LOCAL GOVERNMENT UNIT DECISION
Date of Decision: 06/27/2017
❑ Approved ® Approved with conditions (include below) ❑ Denied
LGU Findings and Conclusions (attach additional sheets as necessary):
The LGU finds the wetland boundaries illustrated in the attached figure titled: Figure 5 - Wetland
Delineation Map by Jacobson Environmental dated 04/27/2017 (RCWD received 05/01/2017) accurate
and supported by the submitted wetland delineation for the LGU administration of the WCA.
The local government unit decision is valid for five years. However, the decision will cease to be valid
before then, if the Technical Evaluation Panel determines that the wetland boundary or type has changed
due to natural or artificial changes to the hydrology, vegetation, or soils of the area. The LGU finds that
the wetland typing may need to be reviewed in conjunction with any future project. The applicant needs
to submit a survey of the wetland boundary as well as gps points of the wetland delineation in a form
acceptable to the RCWD.
BWSR Forms 7-1-10 Pagel of 3
For Renlacement Plans using credits from the State Wetland Bank:
Bank Account #
Bank Service Area
County
Credits Approved for
Name
Title
Phil Belfiori
Withdrawal (sq. ft. or nearest .01
Signature
Date
6;7/2017
Phone Number and E-mail
763-398-3071
acre)
Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the
approval of a Wetland Replacement Plan is conditional upon the following:
❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial
assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule
8420.0522, Subp. 9 (List amount and type in LGU Findings).
❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that
the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland"
forms have been filed with the county recorder's office in which the replacement wetland is located.
❑ Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that
BWSR has withdrawn the credits from the state wetland bank as specified in the approved
replacement plan.
Wetlands may not be impacted until all applicable conditions have been met!
LGIT Authori7.ed Sie-naihire:
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,
Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as
specified above. If additional details on the decision exist, they have been provided to the landowner and
are available from the LGU upon request.
Name
Title
Phil Belfiori
Administrator
Signature
Date
6;7/2017
Phone Number and E-mail
763-398-3071
/
pbelfiori@ricecreek.org
Additional approvals or permits from local, state, and federal agencies may be required. Check with all
appropriate authorities before commencing work in or near wetlands.
Applicants proceed at their own risk if work authorized by this decision is started before the time period
for appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be
responsible for restoring or replacing all wetland impacts.
3. APPEAL OF THIS DECISION
Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a
petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of
this Notice to the following as indicated:
Check one:
® Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. Send
petition and $0 fee (if applicable) to: petition and $500 filing fee to:
Nick Tomczik Executive Director
4325 Pheasant Ridge Dr. NE #611 Minnesota Board of Water and Soil Resources
Blaine, MN 55449 520 Lafayette Road North
St. Paul, MN 55155
BWSR Forms 7-1-10 Page 2 of 3
4. LIST OF ADDRESSEES
® SWCD TEP member:
Becky Wozney
Anoka Conservation District
1318 McKay Drive NE Suite 300
Ham Lake, MN 55304
becky.wozney@anokaswcd.org
❑ DNR TEP member:
Kate Drewry
MN DNR Ecological & Water Resources
1200 Warner Rd.
St. Paul, MN 55106
kate.drewry@state.mn.us
® Applicant (notice only) and
Landowner/Consultant (if different):
Thomas Fiutak & S. Colet Lahoz
5770 West Bald Eagle Road
White Bear Lake, MN 55110
® Members of the public who requested notice
(notice only):
City of Centerville
1880 Main Street
Centerville, MN 55038
® Corps of Engineers Project Manager (notice
only):
LeeAnn Glomski
U.S. Army Corps of Engineers
180 East Fifth Street, Suite 700
St. Paul, MN 55101
LeeAnn.M.Glomski@usace.army.mil
® Applicant (notice only) and
Landowner/Consultant (if different):
Robyn Moore
7353 20`s Ave N
Centerville, MN 55038
® BWSR TEP member:
Ben Meyer
MN BWSR
520 Lafayette Rd. N.
St. Paul, MN 55155
ben.meyer@state.mn.us
® DNR Regional Office (if different):
Rebecca Horton
MN DNR Ecological & Water Resources
1200 Warner Rd.
St. Paul, MN 55106
becky.horton@state.mn.us
® Applicant (notice only) and
Landowner/Consultant (if different):
Wayne Jacobson
Jacobson Environmental
5821 Humboldt Ave North
Brooklyn Center, MN 55430
jacobsonenv@msn.com
❑ BWSR Wetland Bank Coordinator (wetland bank
plan applications only)
Tim Smith
MN BWSR
520 Lafayette Rd. N.
St. Paul, MN 55155
tim.j.smith@state.mn.us
® Applicant (notice only) and
Landowner/Consultant (if different):
Todd Christenson
todd2414@aol.com
5. ATTACHMENTS
In addition to the site locator map, list any other attachments:
® Figure 5 - Wetland Delineation Map by Jacobson Environmental dated 04/27/2017 (RCWD
received 05/01/2017)
El
BWSR Forms 7-1-10 Page 3 of 3
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Teresa Bender
From: Paul Palzer
Sent: Wednesday, June 28, 2017 10:24 AM
To: Mike Ericson; Teresa Bender
Subject: FW: WCA notice of decision 17-079R
Attachments: WCA notice of decision 17-079R.PDF
From: Patrick Hughes [mailto:PHughes@ricecreek.org]
Sent: Tuesday, June 27, 2017 4:12 PM
To:'becky.wozney@anokaswcd.org' <becks.wozney@anokaswcd.org>;'Meyer, Ben (BWSR)'
<Ben.Meyer@state.mn.us>; beckv.horton@state.mn.us; 'WAYNE JACOBSON' <lacobsonenv@msn.com>; Paul Palzer
<PPalzer@CENTERVILLEMN.com>; Glomski, LeeAnn M MVP (LeeAnn.M.Glomski@usace.army.mil)
<LeeAnn.M.Glomski@usace.army.mil>; todd2414c <todd2414c@aol.com>
Cc: Nicholas Tomczik <ntomczik@ricecreek.org>
Subject: WCA notice of decision 17-079R
Good Afternoon,
Here is the WCA notice of decision for the Christenson Centerville Delineation. A hard copy of the decision document
will be mailed to the landowner, and the contract for deed buyer.
Thank You
Patrick Hughes
Regulatory Assistant
Rice Creek Watershed District
4325 Pheasant Ridge Dr. NE, #611
Blaine, MN 55449-4539
Ph: 763-398-3080
phughes@ricecreek.org
-RCWD
I RICE CREEK WATERSH10 DISTRICT
Please consider following the RCWD on Facebook.
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.sManteccloud.com
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(1) Zoning district boundary lines are intended to follow lot lines, or be parallel or perpendicular
thereto, or along the centerlines of streets, rights-of-way or watercourses, unless the boundary
lines are fixed by dimensions shown on the zoning map;
(2) Where zoning district boundary lines are so indicated that they approximately follow lot lines,
the lot lines shall be construed to be the boundary lines;
(3) Where a zoning district boundary line divides a lot, the location of any zoning district boundary
line, unless indicated by dimensions shown on the zoning map, shall be determined by the use of
the map scale shown thereon; and
(4) If, after the application of the foregoing rules, uncertainty still exists as to the exact location of a
zoning district boundary line, the boundary line shall be determined in a reasonable manner,
considering the history of uses of the property and the history of zoning ordinances and
amendments in the city as well as other relevant facts.
(C) Establishment of districts. For the purpose of this chapter, the city is hereby divided into the following
zoning districts:
(1) R-1 Rural Residential;
(2) R -2A High -Density Single -Family Residential;
(3) R-2 Single -Family Residential;
(4) R4 Single -Family Manufactured Housing;
(5) R-5 Single -Family Residential - Estate;
(6) B-1 Commercial;
(7) I-1 Industrial Park;
(8) P-1 Public/Institutional;
(9) M-1 Mixed Use; and
(10) M-2 Mixed Use Neighborhood District.
§ 156.016 RURAL RESIDENTIAL DISTRICT (R-1).
(A)Purpose. The purpose of the R-1 District is to allow agricultural activities and nonsewered residential
dwellings as interim uses of the land. The city has limited vacant land for development and all land in
the city is planned for eventual urban uses. Because of the limited duration anticipated for agricultural
uses in the city and the incompatibilities which often exist between agricultural and nonagricultural uses,
permitted uses in the R -I District will not reflect intensive commercial agricultural uses.
(B) Permitted uses. See Table 156-A.1.
(C) Special requirements. Agricultural uses are permitted in the R-1 District subject to the following
requirements:
335 1 Page
(1) Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not
be located within 300 feet of a neighboring property; and
(2) Accessory farm buildings shall not be erected within 100 feet of a neighboring property.
Ord. 2d #58, amended 10/10/2012
§ 156.017 HIGH-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT (R -2A).
(A) Purpose. It is intended that the R -2A District provide for higher -density single-family detached,
attached and multiple -dwelling opportunities in areas where public utilities are available and required
for service. The design and circulation of new residential areas are also intended to be complementary
with and enhance the community's small-town atmosphere.
(B) Permitted uses and structures. See Table 156-A.1
(C) Conditional uses. See Table 156-A. l
Ord. 2d #58, amended 10/10/2012
§ 156.018 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2).
(A)Purpose. It is intended that the R-2 District provide for lower -density traditional single-family detached
dwelling opportunities in areas where public utilities are available and required for service. The design
and circulation of new residential areas are also intended to be complementary with and enhance the
community's small-town atmosphere.
(B) Permitted uses and structures. See Table 156-A.
Ord. 2d #58, amended 10/10/2012
§ 156.019 SINGLE-FAMILY MANUFACTURED HOUSING DISTRICT (R-4).
(A)Purpose. It is intended that the R-4 District provide for high-density single-family, detached residential
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complementary with and enhance the
community's small-town atmosphere.
(B) Permitted uses and structures. See Table 156-A.
(C) Special requirements. Manufactured homes are permitted in all residential districts if they meet the
design criteria for those districts. All other manufactured homes shall be located only in designated
336 1 Page
APPENDIX A
TABLE 1: DISTRICT REGULATIONS LOT AND YARD REOUIREMENTS
District Regulations
Zoning District
Min. Area
Min.
Front
Rear
Side
Min.
Min.
Width
Setback
Setback
Setback
Bldg.
Garage
Size
Size
Ground
Floor Sq.
Ft.
R-1 Rural Residential*
10 acres
300 ft.
35 ft.
25 ft.
10 ft.
1,050 ft.
N/A
R -2A Single -Family
11,500 ft.
80 ft.
30 ft.
25 ft.
10 ft.
900 ft.
440 ft.
Residential*
R-2 Single -Family
15,000 ft.
100 ft.
35 ft.
25 ft.
10 ft.
1,050 ft.
440 ft.
Residential*
See district.
100 ft.
30 ft.
25 ft.
10 ft.
220
R-3
Multi -Family Residential
Requirement
s
R-4 Single -Family
17,500 ft.
100 ft.
35 ft.
25 ft.
10 ft.
1,050 ft.
220 ft.
Manufactured Housing*
R-5 Single -Family
17,500 ft.
100 ft.
35 ft.
25 ft.
10 ft.
1,200 ft.
600 ft.
Residential — Estate*
B-1 Commercial
20,000 ft.
150 ft.
30 ft.
30 ft.
20 ft.
1,000 ft.
N/A
I-1 Industrial
1 acre
200 ft.
50 ft.
30 ft.
20 ft.
5,000 ft.
N/A
P-1 Public/Semi-Public
20,000 ft.
150 ft.
35 ft.
30 ft.
20 ft.
1,000 ft.
N/A
M-1& M02 Mixed Uses
Specifications to be determined as a Planned Unit Development, Setback are
governed by the Building Code.
NOTES:
* The minimum size of any residential building shall either be the ground floor square footage as stated
in this Table, or a minimum of 1,650 finished square feet for the total structure, whichever is greater at the
time of building permit issuance.
386 1 Page
CHAPTER 153: SUBDIVISION REGULATIONS
Section
General Provisions
153.01 Title; jurisdiction
153.02 Purpose
153.03 Compliance
153.04 Conflict
153.05 Definitions
Design Standards
153.15 General
153.16 Easements
153.17 Water and sewer systems
153.18 Blocks
153.19 Lots
153.20 Street
Construction and Improvements
153.35 General conditions
153.36 Developer's agreement
153.37 Financial security
153.38 Construction plans
153.39 Inspection
153.40 Prior improvements
153.41 As -built plans
153.42 Improvement construction
153.43 Development improvements; site grading
153.44 Improvement and construction; miscellaneous
153.45 Planned Manufactured Home Developments
Plat Specifications and Procedure
153.55 General
153.56 Sketch plan
153.57 Preliminary plat
153.58 Final plat
153.59 Procedures for plat submissions
265 1 Page
Administration and Enforcement
153.70 General
153.71 Amendments
153.72 Appeals
153.99 Penalty
Editor's note:
This chapter was established by Ord. 8, adopted 12-8-1982 and subsequently amended, but it was not
possible to ascertain what sections were amended by which ordinance. The amending ordinances are: Am. Ord.
adopted 5-13-1987, Am. Ord. adopted 2-10-1988; Am. Ord. adopted 3-14-1990; Am. Ord. adopted 4-11-1990;
Am. Ord. adopted 2-27-1991; Am. Ord. adopted 4-24-1991; Am. Ord. adopted 5-22-1991; Am. Ord. adopted 5-
11-1994; Am. Ord. adopted 5-8-2002.
266 1 Page
GENERAL PROVISIONS
§ 153.01 TITLE; JURISDICTION.
(A) This chapter may be cited as the Centerville Subdivision Ordinance and will be referred to herein as this
chapter.
(B) The geographic jurisdiction of this chapter includes the entire area within the corporate limits of the city.
§ 153.02 PURPOSE.
This chapter is adopted:
(A) To assist the orderly, efficient and integrated development of the city;
(B) To provide uniform procedures and standards for all subdivisions;
(C) To ensure consistency between future subdivision development and the city comprehensive plan; and
(D) To provide for the protection and conservation of floodplains, shorelands, soils, water, vegetation,
energy, air quality, geologic and ecologic features and features and agricultural lands.
§ 153.03 COMPLIANCE.
Platting is required for all subdivisions creating five or more lots, regardless of size, or subdivisions
which create parcels which are two and one-half acres or less in size. Hereafter, no lot in a subdivision may be
sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building
may be erected in a subdivision, unless and until a subdivision plan has been approved and, where required,
recorded, and until the improvements required by the Council in connection therewith have either been
constructed or guaranteed, as herein provided.
§ 153.04 CONFLICT.
Where the conditions imposed by any provisions of this chapter are either more or less restrictive than
comparable conditions imposed by any other regulation, the regulations which impose the higher standard or
requirements shall prevail.
§ 153.05 DEFINITIONS.
267 1 Page
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
ALLEY. A public right-of-way which affords a secondary means of access to abutting property.
BLOCK A tract of land bounded by streets or a combination of streets, parks, cemeteries, railroad
rights-of-way, shorelines, waterways or corporation boundary line of the city.
BOUNDARYLINES. The line also indicating the bounds of limits of any tract or parcel of land.
BUILDING LINES. The line also referred to as SETBACK LINE means the line beyond which
property owners or others have no legal or vested right to extend a building or any part thereof without
special permission and approval of the proper authorities.
BUTT LOT. A lot, the sideline of which coincides with the back line of one or more other lots.
CITY IMPROVEMENTS. Improvements to be installed by the city as provided in this chapter and/or
the development agreement and financed through assessments procedures.
COMPREHENSIVE PLAN. The comprehensive development plan made and adopted by the city
indicating the general locations recommended for major thoroughfares, streets, parks, public buildings,
zoning districts and other public improvements.
CONTOUR MAP. A map on which irregularities of land surface are shown by lines connecting points
of equal elevations. Contour intervals are the vertical heights between contour lines.
CORNER LOTS. The lot or lots within a plat and situated at the corners thereof so that they are
bounded on two sides by streets. This term applies to any lot within the plat at street intersections and
bounded on two sides by streets.
CROSS -WALK. A right-of-way, municipally owned, which cuts across a block to furnish access for
pedestrians to the adjacent street or properties.
CUL-DE-SAC. Court or dead-end street; a short minor street having one end open to traffic and being
permanently terminated by a vehicular turnaround.
DEVELOPER IMPROVEMENTS. Improvements to be installed by the developer as provided in this
chapter and/or the development agreement.
EASEMENT. A grant by the property owner to the use of a strip of land by the public, a corporation or
person for specific purposes.
FRONTAGE. The width of a lot or building site measured on the line separating it from a public street
or way.
HALF -STREET. A street divided longitudinally by a property line.
268 1 Page
LAND SURVEYOR. A registered LAND SURVEYOR capable of preparing engineering plans for land
subdivision plats.
LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or
for development, capable of being occupied by one or more structures.
LOT DEPTH. The mean horizontal distance between the front and rear lines of a lot.
LOT, DOUBLE FRONTAGE. A lot, the generally opposite ends of which both abut on streets.
LOT WIDTH. The mean width measured at right angles to the depth.
NATURAL WATERWAY. Any natural passageway in the surface of the earth so situated and having
such a topographical nature that surface water flows through it from other areas before reaching a final
ponding area. The term also means to include any and all drainage structures that have been constructed
or placed for the purpose of conducting water from one place to another.
OWNER. The person having legal title, his or her duly authorized agent or attorney-in-fact, a purchaser,
devisee, fiduciary and a person having a vested interest in the property in question.
PEDESTRLAN WAY. A public or private right-of-way across a block or providing access within a
block, to be used by pedestrians and for the installation of utility lines.
PLAT. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for
record.
RESERVE STRIPS. Narrow strips or narrow strips of land usually withheld from the street right-of-
way to form a barrier between certain property and the public street or thoroughfare.
RIGHT-OF-WAY. The land covered by a public road or other land dedicated for public use or for
certain private use, such as land over which a power line passes.
STREET. A right-of-way, which affords the principal means of access to abutting property. A
STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive,
place or other appropriate name. A STREET may also be identified according to type of use as follows:
(1) Arterial street or highway. Streets providing for traffic movements between traffic generation
areas.
(2) Collector streets. Streets providing connection primarily between arterial streets or arterial and
local streets.
(3) Local streets. Streets serving primarily as access to abutting properties and not intended as
major streets or highways carrying through traffic.
269 1 Page
STREET WIDTH. The shortest distance between lines of lots delineating the street.
SUBDIVIDER. Any person who undertakes the subdivision of land as defined herein. The
SUBDIVIDER may be the owner or the authorized agent of the owner of the land to be subdivided.
SUBDIVISION. The division of a single lot, tract or parcel of land, or a part thereof, into two or more
lots, tracts or parcels of land.
THOROUGHFARE. A public right-of-way with a high degree of traffic continuity and serving as an
arterial traffic way between the various districts of the city.
TOPOGRAPHY. The detailed description of the features of a relatively small area, also the relief
features or surface configuration of an area.
WATERCOURSE. Shall include channel, creek, ditch, drain, river and stream.
WATERSHED. Rice Creek Watershed District.
ZONING. The reservation of a certain specified areas within the municipality for buildings and
structures for certain purposes with other limitations such as heights, lot coverage and other stipulated
requirements.
DESIGN STANDARDS
§ 153.15 GENERAL.
Subdivision design shall comply with the following general design standards:
(A)Natural features. Existing natural features which would add value to the subdivision and the city, such
as trees, steep slopes, watercourses, historic spots and similar irreplaceable assets, shall be preserved,
insofar as possible, through harmonious design of the subdivision.
(B) Land dedication. In all new subdivisions, ten percent of the gross area subdivided shall be dedicated for
public recreation space, with this ten percent being in addition to property dedicated for streets, alleys,
easements or other public ways. No areas may be dedicated for public use until the areas have been
approved as being suitable and needed for the public health, safety, convenience and/or general welfare.
When the subdivision is too small for practical dedication of public land or if no land in the subdivision
is suitable for that use, the subdivider shall be required to pay a fee as per schedule in effect per lot
created or ten percent of the subdivision land value, whichever is greater, prior to subdivision; the value
(market) of the land shall be determined by negotiation between city and developer. Lots created in any
manner that is larger than five acres or 300 feet in width shall not be subject to dedication of land for
public use. A fee according to the current schedule will be charged on every building permit issued
pertaining to new housing units for parks and playgrounds.
270 1 Page
(C) Planned unit development. These design standards of this chapter may be modified by the City Council
in the case of a plan utilizing an unusual concept of development which meets the requirements of the
section. The planned unit development provision is intended to encourage original and imaginative
subdivision design which preserves the natural amenities of the site and provides for the general welfare
of the city. It shall conform to the planned unit development requirements of the city zoning chapter.
(D) Soil tests. The city may require soil tests prior to the final approval of any plat. These soil tests shall
consist of test holes to a depth necessary to determine the various types of soil to be encountered before
reaching a stable base. The test holes, when ordered by the city authorities, shall be drilled at the
expense of the owner or developer and the information disclosed shall be furnished to the city together
with a copy of the proposed plat showing the location of each test hole. The information required by the
city shall include a report as to the various types of soil encountered and their depths, the level of the
groundwater and a seepage test and may include additional information. The number of test holes to be
drilled and their location on the property which is proposed to be platted will be as directed by the city
or its authorized representative. In questionable cases, the owner shall be required to furnish to the City
Council a report from a recognized engineering laboratory as to the safety and practicability of the use
of the area for building construction, including the feasibility for installation of sewage facilities.
(E) Restriction on filing and recording conveyances.
(1) Restriction. State law states that a municipality with adopted subdivision regulations, no
conveyance of land shall be filed or recorded if the land is described in the conveyance by metes
and bounds; by reference to an unapproved registered land survey after 4-21-1961; or by an
unapproved plat made after those regulations become effective.
(2) Limits of applicability. The above restrictions do not apply if the land described in the
conveyance:
(a) Was a parcel of record on 4-1-1945;
(b) Was subject to a written agreement to convey entered into prior to that time;
(c) Was a separate parcel of not less than 2.5 acres in area and 150 feet in width on 1-1-1966;
(d) Was a separate parcel of not less than five acres in area and 300 feet in width on 7-1-
1980;
(e) Is a single parcel of commercial or industrial land of not less than five acres in area and
having a width of not less than 300 feet, and its conveyance does not result in the division
of the parcel into two or more lots or parcels, any one of which is less than five acres in
area or 300 feet in width; or
(f) Is a single parcel of residential or agricultural land of not less than 20 acres in area and
having a width of not less than 500 feet, and its conveyance does not result in the division
271 1 Page
of the parcel into two or more lots or parcels, any one of which is less than 20 acres in
area or 500 feet in width.
(3) Exceptions. The following land divisions are exempted from the provisions of this division (E)
and upon request, the Administrator shall, within ten days, certify that this division (E)(3) does
not apply to these land divisions:
(a) Divisions of land where the division is to permit the adding of a parcel of land to an
abutting lot and the newly created property line will not cause the land or any structure to
be in violation of this chapter or the zoning chapter; and that the proposal would not have
an adverse impact on the subject property or surrounding properties;
(b) The division and addition of land will not be large enough to allow for the creation of an
additional lot for the purpose of building; or
(c) In the case of a request to divide a base lot upon which a 2 -family dwelling, townhouse or
a quadraminium is located, which is a part of a recorded plat, where the division is to
permit individual private ownership of a single dwelling unit within the structure, and the
newly created property lines will not cause any of the unit lots or the structure to be in
violation of this chapter or the zoning chapter. If the Administrator makes a negative
determination and/or the applicant wishes to appeal the decision, the case shall be sent to
the Planning and Zoning Commission for recommendation to the City Council.
§ 153.16 EASEMENTS.
(A) Utility. Easements at least a total of 20 feet wide, centered on rear lot lines, shall be provided for
utilities where necessary. They shall have continuity of alignment from block to block, and at deflection
points, easements for pole line anchors shall be provided.
(B) Drainage. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there
shall be provided a stormwater easement or drainage right-of-way conforming substantially with the
lines of the watercourses, together with any further width or construction, or both, as will be adequate
for the stormwater drainage of the area. The easements shall meet the requirements of the Rice Creek
Watershed.
§ 153.17 WATER AND SEWER SYSTEMS.
No new subdivision will be considered unless municipal water and sanitary sewer are available to the
property.
§ 153.18 BLOCKS.
272 1 Page
Blocks in new subdivisions shall meet the following standards:
(A) Length. The length of any block shall not be more than 620 feet.
(B) Pedestrian ways. The use of pedestrian ways through any block is to be permitted only when
absolutely necessary. Where permitted, pedestrian ways shall be at least 15 feet wide.
(C) Alleys. The use of alleys in any block is to be permitted only when absolutely necessary. Alleys
may be required in commercial areas where adequate off-street loading space is not available.
§ 153.19 LOTS.
The lot and yard sizes shall conform to the requirements of the city zoning chapter and the lots shall be
designed in accordance with the following design standards:
(A) Corner lots. The minimum corner lot dimensions for single-family, detached dwelling developments
where permitted under the zoning chapter shall be:
(1) At least ten feet wider at building setback line than permitted under the zoning chapter;
(2) Not less than minimum depth permitted under the zoning chapter; and
(3) Minimum lot area shall be increased by ten feet times the minimum lot depth permitted under the
zoning chapter.
(B) Shape of lots. Side lines of lots shall be approximately at right angles to straight streets and on radial
line on curved streets. Some variation from this rule is permitted when it is clearly evident that the
variation shall improve the overall design. In no case shall the rear lot line of any lot be less than 50
feet.
(C) Access. Every lot shall be provided with access adequate for the use of public safety vehicles and other
public and private purposes and shall be served by a public or private street system, improved in
accordance with this chapter and connected to the general street system.
(D)Double frontage lots. Double frontage lots shall not be permitted, except:
(1) Where lots back upon a thoroughfare, in which case vehicular and pedestrian access between the
lots and the thoroughfare shall be prohibited; and
(2) Where topographic or other conditions render subdividing otherwise unreasonable. The double
frontage lots shall have an additional depth of at least 20 feet in order to allow space for a
protective screen -planting along the back lot line, and also in these instances vehicular and
pedestrian access between the lots and the thoroughfare shall be prohibited.
(E) Nonsewered lots. In areas which are not served by public sanitary sewer systems, no lot shall be
developed for residential purposes unless it meets the requirements set for lots outside the urban service
273 1 Page
area, which is a minimum of ten acres. The preliminary plat shall show a feasible plan for future
resubdivision by which lots may be resubdivided to meet the size and dimension standards of lots in
areas served by public sanitary sewer system. Any preliminary plat not showing a future resubdivision
plan shall not be resubdivided.
(F) Butt lots. Butt lots shall be platted at least five feet wider than the average interior lots in the block.
(G) Drainage. Lots abutting upon a watercourse, drainageway, channel or stream shall have an additional
depth or width, as required, to assure house sites are not subject to flooding.
§ 153.20 STREET.
(A) No plat shall be approved unless all streets shown thereon shall be of sufficient width and shall be so
located as to accommodate the probable volume of traffic thereon, afford adequate light and air,
facilitate fire protection, provide access of fire -fighting equipment to buildings, and provide a coordinate
system of streets conforming to the city street plan.
(B) In addition, the street design must meet the following requirements:
(1) In the case of subdivisions for commercial, industrial and public purposes, no street giving
access upon a major street shall be located closer than 500 feet, along the same side of a major
street, to any other driveway, public or private street in the same or another subdivision;
(2) Local streets shall be so planned as to discourage through traffic;
(3) Cul-de-sacs, when used, shall be held to as short a distance as possible between the origin or
main street and the end of the cul-de-sac. Each cul-de-sac shall have a terminus of nearly
circular shape and be a maximum allowable length of 800 feet;
(4) The use of half -width streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with the other requirements of these regulations
and the overall plan of the neighborhood in which the plat is situated. Wherever a half -street is
adjacent to a tract to be subdivided, the other half of the street shall be platted within the tract;
(5) Reserve strips controlling access to streets are prohibited;
(6) The minimum distance between centerlines of parallel or approximately parallel streets
intersecting a cross -street from opposite directions shall be 150 feet;
(7) Intersections of more than two streets at one point shall be avoided;
(8) Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac
arrangement;
2741Page
(9) Right-of-way requirements may be increased for specific thoroughfares if existing or anticipated
traffic flow warrants it, or if drainage easements parallel the thoroughfares. The increased width
will be set by the City Council under the advisement of the Planning and Zoning Commission
and City Engineer.
(10) Minimum right-of-way widths, paving widths, angle of intersection, curb radius,
horizontal alignments, vertical alignments as well as maximum grades shall be in accordance
with the following table:
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Street Design Standards
Arterial
Collector
Local
Cul-de-sac
Right -of -Way
120 feet
66 feet
60 feet
60 -foot radius
Paving Width
52 feet
36 feet
32 feet
46 -foot radius
Maximum Grade
5%
8%
Minimum Angle to
90 degrees
90 degrees
70 degrees
70 degrees
Intersection
Horizontal Alignment
(Minimum Radius of
Center Line)
Vertical curves
150 feet
200 feet
100 feet
(Minimum Sight
Distance)
NOTES TO TABLE:
* - Subject to approval of City Engineer.
CONSTRUCTION AND IMPROVEMENTS
§ 153.35 GENERAL CONDITIONS.
Upon receipt of the preliminary plat approval by the Council and prior to Council approval of the final
plat, the subdivider shall make provision, in the manner hereinafter set forth, for the installation at the sole
expense of the subdivider for any improvements as shall be required by the city, which improvements may
include but are not limited to streets, sidewalks, public water systems, sanitary sewer systems, surface and storm
drainage systems and public utility services. The installation of these improvements shall be in conformity with
approved construction plans and specifications and all applications and all applicable standards and ordinances.
§ 153.36 DEVELOPER'S AGREEMENT.
Prior to the installation of any required improvements and prior to approval of the final plat, the
subdivider shall enter into a contract with the city, which contract shall require the subdivider to construct the
developer improvement at the sole expense of the subdivider and in accordance at the sole expense of the
subdivider and in accordance with approved construction plans and specifications and all applicable standards
and ordinances. The contract will define the developer's responsibilities with regard to city improvement. The
contract shall provide for the supervision of construction by the City Engineer, and the contract shall require
that the city be reimbursed for all costs incurred by the city for engineering and legal fees and other expenses in
connection with the making of the improvements. The performance of the contract shall be financially secured
by a cash escrow deposit or irrevocable letter of credit as hereinafter set forth.
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§ 153.37 FINANCIAL SECURITY.
The developer's agreement shall require the subdivider to make a cash escrow deposit or in lieu thereof
to furnish a letter of credit in the following amounts and upon the following conditions:
(A)Escrow deposit. The subdivider shall deposit with the Administrator a cash amount equal to 150 percent
of the total cost of the improvements as estimated by the City Engineer, including the estimated expense
of the city for engineering and legal fees and other expenses incurred by the city in connection with the
making of the improvement.
(B) Letter of credit. In lieu of a cash deposit, the subdivider may furnish a letter of credit satisfactory to the
city, in a sum equal to 150 percent of the total cost of the improvements as estimated by the City
Engineer, including the estimated expense of the city for the engineering and legal fees and other
expenses incurred by the city in connection with the making of the improvements. Release of the letter
of credit will be determined by Council resolution.
(C) Conditions. The developer's agreement shall provide for a completion date on which all of the required
improvements shall be fully installed, completed and accepted by the city. The completion date shall be
determined by the Council after consultation with the City Engineer and the subdivider, and shall be
reasonable in relation to the construction to be performed, the season of the year and proper correlation
with construction activities in the subdivision. The developer's agreement shall provide that, in the
event the required improvements are not completed within the time allotted, the city shall be allowed to
exercise its power to recover on the letter of credit or utilize the escrow deposit to complete the
remaining construction to city standards and specifications. In the event the amount of funds recovered
is insufficient to cover the cost of construction, the Council may assess the remaining cost to the lands
within the subdivision.
§ 153.38 CONSTRUCTION PLANS.
Construction plans and specifications for the required improvements conforming in all respects with the
standards and ordinances of the city shall be prepared at the expense of the subdivider by a professional
engineer registered by the State of Minnesota. The plans and specifications shall be approved by the City
Engineer and shall become a part of the developer's agreement. Two prints of the plans and specifications shall
be filed with the Administrator.
§ 153.39 INSPECTION.
All required improvements shall be inspected during the course of construction by the City Engineer and
acceptance of the improvements by the city shall require prior written certification by the subdivider's engineer
and acknowledged by the City Engineer that the improvements have been constructed in compliance with the
plans and specifications.
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§ 153.40 PRIOR IMPROVEMENTS.
Improvements which have been completed prior to application for final plat approval or execution of the
developer's agreement shall be accepted as equivalent improvements, provided the City Engineer shall certify
in writing that the improvements conform to the city standards.
§ 153.41 AS -BUILT PLANS.
Upon completion of installation of all required improvements, the subdivider shall file with the
Administrator a reproducible tracing and two copies of the plans and specifications showing all improvements
as finally constructed and installed. An electronic/digital version of the required filing shall also be submitted
in a format acceptable to the city. All as -built plans will be prepared by City Engineer and the time billed to the
developer.
§ 153.42 IMPROVEMENT CONSTRUCTION.
All required improvements specified in this subchapter shall be constructed in accordance with the city
standards and all other applicable city, county and state regulations.
§ 153.43 DEVELOPMENT IMPROVEMENTS; SITE GRADING.
(A) Grading.
(1) The developer shall do all site grading including the front 100 feet of the lots, common green
way and open spaces, stormwater storage ponds and surface drainageways, including sodding of
boulevards all in accordance with the approved grading, drainage and site plan. A grading plan
with maximum 2 -foot contours and cross-sections as necessary shall be submitted and approved
by the city prior to commencement of any site grading.
(2) Boulevards shall be graded at an incline of two percent behind the curb. The sidewalk
construction shall be in accordance with the city -approved streetscape and shall reflect a
consistent grade that follows the back of the curb.
(3) (a) After substantial building completion and prior to the issuance of an occupancy
permit, a certificate of survey shall be provided to the city verifying that the lot
grading has been accomplished to the approved standards.
(b) The certificate of survey will locate the following:
1. Property irons;
2. Buildings;
3. Driveways;
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4. Drainage easements;
5. Utility easements;
6. Sewer service at the property line; and
7. Water service and shut-off at the property line.
(c) The certificate will also provide the following elevations:
1. Grading at the front lot line;
2. Grading at property corners;
3. Lowest floor elevation and structure type; and
4. One -hundred -year flood elevation and 100 -year flood contour property.
(B) Soil erosion. The developer shall control soil erosion as otherwise required by the city code.
(C) Monuments and markers. The developer shall place iron monuments in accordance with state statutes.
(D) Curb stops. The developer shall arrange with the city to make all necessary adjustments to the curb
stops to bring them flush with the topsoil (after grading).
(E) Trees and landscaping shall be in accordance with the requirements for the various zoning districts
contained in the zoning chapter of the code.
(F) Street maintenance.
(1) The developer shall be responsible for street and sidewalk maintenance, including curbs,
boulevards, sod, sidewalks and street sweeping, until the development is accepted by the city.
(2) Warning signs as per the Minnesota Uniform Traffic Control Devices Manual shall be placed
when hazards develop in streets to prevent the public from traveling on same and directing
attention to detours. If and when the streets become impassible, the streets shall be barricaded
and closed.
(3) The developer shall maintain a smooth driving surface and adequate drainage on all temporary
streets. No builders will be allowed on the dedicated street areas until the streets are completed
and accepted by the city.
(4) The developer may request, in writing, that the city keep the streets open during the winter
months by plowing snow from the streets prior to final acceptance of the streets. The developer
shall reimburse the city for all snow plowing prior to final acceptance of the streets. The city
shall not be responsible for reshaping the streets because of snow plowing operations if they are
requested. Snow plowing service does not constitute final acceptance of the streets.
(5) It is understood that if soil is excavated from the development and moved off the property, all
city and county streets which are used for hauling shall be maintained free of debris and soil; and
property within the city limits upon which the soil is stored shall also be maintained free of
debris and have adequate erosion control.
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(G) Street lights.
(1) Residential street lighting shall be owned, installed, operated and maintained by the electric
utility company servicing the development. The city and the electric utility company shall enter
into a contractual agreement on the rate and maintenance of the street lighting system.
(2) It shall be the responsibility of the developer to:
(a) Reimburse the city for the operating cost of the street lighting system for a period which
will extend to one year after the utilities and improvements of the development have been
accepted by the city or until the time that 50 percent of the lots in the subdivision are
occupied, whichever is greater.
(b) Pay the electric utility company any costs incurred in the installation of the street lighting
units; and
(c) The above street lighting costs shall be guaranteed in the same manner as the other
development improvements and the city shall be entitled to draw upon the letter of credit
posted herein in the event of nonpayment.
(H) Storm sewer. The developer shall dedicate and survey all stormwater holding ponds as required by the
city. The developer shall be responsible for the storm sewer cleaning and holding pond dredging, as
required, by the city prior to or until the time that all primary buildings within the subdivision are
completed or two years after final acceptance of the streets by the city, whichever occurs first.
(I) Site grading. The developer shall be responsible for securing all necessary approvals and permits from
all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading.
(J) Streetscape. The developer shall make provision that all gas, telephone and electric utilities shall be
installed to serve the development as per the city streetscape plan.
(K) Ground cover control. All unoccupied lots shall be maintained in a manner that ground cover will not
be allowed to grow more than 12 inches in height at any time. Should the developer not respond within
ten days to the city's request to cut the vegetation, the city shall take action to do so and shall bill the
developer. If the bill is not paid in 30 days, the cost of the maintenance shall be a lien against the
property and may be certified for collection with the real estate taxes, or at the option of the City
Council may be deducted from the developer's escrow deposit or letter of credit.
(L) Screening.
(1) The developer shall install as a part of the site grading a protective screen planting berm in areas
deemed appropriate and/or necessary by the City Council.
(2) The plantings will provide a minimum of 60 percent opacity year round and shall reach a
minimum of ten feet in height at the maturity. Deciduous shrubs shall be a minimum of 24
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inches in height, deciduous trees shall be a minimum of one inch caliper, and conifers shall be a
minimum of four feet in height at the time of planting. The landscape plan for the berm shall be
submitted to and reviewed by the city for approval.
(3) All plantings shall be warranted to be alive, of good quality and disease-free for a period of 12
months or one growing year, whichever is greater after acceptance of the city streets and utilities.
The first planting replacement shall be warranted for 12 months from the time planting. The city
shall be entitled to draw upon the security posted herein for replacement of any plantings.
(4) Developer shall not enter into any agreements with the homeowners which provide for
installation of the boulevard trees by the homeowners.
(M) Insurance. Developer(s) and/or all its/their subcontractors shall take out and maintain, until the
city has accepted the private improvements, public liability and property damage insurance covering
personal injury, including death, and claims for property damage which may arise out of the developer's
work or the work of his or her subcontractors, or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than $500,000 or more. The city shall be named as
an additional insured on the policy, and the developer or all its subcontractors shall file with the city a
certificate evidencing coverage prior to the city signing the plat. The certificate shall provide that the
city must be given 30 days' advance written notice of the cancellation of the insurance. The certificate
may not contain any disclaimer for failure to give the required notice.
(N) Costs. Cost of developer's improvements, description and completion dates shall be described in the
development agreement.
§ 153.44 IMPROVEMENT AND CONSTRUCTION; MISCELLANEOUS.
(A) Streets. The streets shall be graded if required by the Council to the grades and dimensions shown on
plans and profiles and approved by the Council, and shall include the following improvements:
(1) Suitable drainage structures, culverts, storm sewers, ditches and related installations shall be
provided to ensure adequate drainage of all points along the streets. There shall be no surface or
at grade cross -street drainage;
(2) Concrete curbs and gutters will be required on all streets;
(3) The base course shall consist of latest Minnesota Department of Highways approved material,
bearing a seven -ton design and shall include a geotextile fabric mat as specified by the City
Engineer;
(4) Blacktop paving as specified by the City Engineer shall be required on all streets after water
distribution lines, storm sewers and sanitary sewers have been installed; and
(5) The boulevards shall receive three inches of topsoil and be sodded.
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(B) Sidewalks. Paved sidewalks five feet wide of Portland cement, concrete or asphalt concrete may be
required on one or both sides of streets designated as collectors or arterials.
(C) Storm drainage. The construction of a storm drainage system shall conform to the following
requirements:
(1) Drainage ditches or channels shall have a minimum gradient of one percent;
(2) Open watercourses shall have adequate capacity and erosion control to ensure safe and healthful
disposal of stormwater;
(3) When topsoil has been removed from the surface of a lot on a slope where erosion will cause a
displacement of loose material, the subdivider shall be required to seed or provide other means to
prevent the wash from damaging adjacent property or accumulating on street surfaces; and
(4) Design of storm drainage facilities shall be compatible with adjacent areas, including the
extension of abutting existing storm sewers. Design of all drainage structures shall be based on
the 5 -year occurrence for design intensity using runoff coefficient and concentration times as
determined by the City Engineer.
(D) Water supply. Where public water supply is available, as determined by the Council, the subdivider
shall connect to the public water supply and construct a system of water mains with a connection for
each lot. The minimum size of water mains shall be six inches and the minimum size of private water
services shall be one inch. Water mains and services for commercial and industrial uses or for the
extension of major trunks shall be determined by the City Engineer. If private wells are to be permitted,
they shall be constructed in conformance with City Code and Minnesota Statutes and Rules.
(E) Sewers. All plats within the urban service area shall be connected to the municipal sewer system.
(F) Utilities. Every lot in a subdivision shall be capable of being served by utilities, and easements
acceptable to the utility companies shall be provided. Electric, gas and other utility distribution lines
shall be installed within public rights-of-way or within properly designated easements. All utilities in
new subdivisions shall be placed underground. To the fullest extent possible, underground utility lines
shall be installed within the right-of-way adjacent to but not beneath existing and proposed paved areas.
(G) Street name and traffic control signs. In single- and multiple -family developments, the developer shall
install all street name signs and traffic control signs as deemed necessary by the City Engineer. In
commercial and industrial developments, the developer shall install all street names signs and traffic
control signs as deemed necessary by the City Engineer.
(H) Sodding. The developer must sod the front yard, boulevard and side yards to the rear of the structure on
every lot -the balance of the lot shall be seeded. The required sodding and seeding shall be placed prior
to occupancy. An escrow deposit shall be submitted to the city in a dollar amount sufficient to
guarantee the required sodding. Hydro -seeding may be substituted for sod subject to: 1) Two rows of
sod shall be placed along the curb and any other adjoining pavements, erosion control as approved by
the Building Official shall be placed at the property lines and next to water features, and 2) the site
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deposit shall be retained until the vegetation is fully established. This shall not prevent a developer from
establishing lot covenants requiring so, in which case this substitution shall not be allowed.
Ord. 2d, #41. Amended 12/22/2010
153.45 PLANNED MANUFACTURED HOME DEVELOPMENTS.
The following requirements shall apply only to manufactured home developments, parks and/or
cooperatives of a common owner(s) or ownership scheme, and/or which construct shared facilities. All other of
aspects of this chapter shall still apply. Operation of a planned manufacture home development is subject to the
continuing licensing requirements of Minnesota Statutes Chapter 327. Loss of this license is deemed a
revocation of any conditional or interim use permit granted by the City for the planned manufactured home
development. All planned manufactured home developments shall include the following:
(A) An off-street parking area of at least 440 square feet shall be provided for each manufactured home.
The parking area surface shall be of an impervious construction. No on -street parking will be permitted
in the planned manufactured home development.
(B) A utility enclosure having a minimum of ten feet by ten feet shall be provided by operator and placed
uniformly on each lot designated for a manufactured home.
(C) The operator shall construct a screened, common storage area. All boats, boat trailers, hauling trailers
and all other equipment not stored within a manufactured home or the utility enclosure shall be stored in
this separate area provided by the operator. As a condition of operation of the development these items
shall not be stored upon a lot designated for any manufactured home nor upon the streets within the
planned manufactured home development.
(D) There shall be no exterior radio, television or satellite antennas except for a community -type antenna for
the use of all residents of the planned manufactured home development.
(E) Common overflow parking lot(s) (other than on -lot parking) shall be constructed in the planned
manufactured home development equal to a minimum of one space for each three manufactured homes.
(F) There shall be no retail sales of manufactured homes or accessories thereto in the limits of the planned
manufactured home development.
(G) Each planned manufactured home development shall contain one or more enclosed facility building(s)
with space devoted to offices, storm shelter, laundry and recreational facilities. The building shall be so
designed so as to provide at least 12 square feet of space per manufactured home lot, but in no case shall
the building be less than 2,500 square feet.
(H) Each planned manufactured home development shall create an operational plan. This plan shall address
at least the following:
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(1) Designate the licensee pursuant to Minnesota Statute 327.15, approved by the Minnesota
Department of Health.
(2) It shall set forth the means by which the licensee will continually adhere to the requirements of
this Chapter which apply to planned manufacture home developments.
(3) It shall be the duty of each licensee to keep a register containing a record of all manufactured
home owners and occupants located within the development. The licensee shall keep the register
available for inspection at all times by law enforcement officers, public health officials and other
officials whose duties necessitate acquisition of the information contained in the register. The
register record for each occupant registered shall not be destroyed for a period of three years
following the date of departure of the registrant from the development. The register shall contain
the following information:
(a) The name and address of each manufactured home occupant;
(b) The name and address of the owner of each manufactured home;
(c) The make, model, year and license number of each manufactured home and motor
vehicle;
(d) The state, territory or country issuing the licenses; and
(e) The date of arrival and of departure of each manufactured home.
(4) The licensee shall designate or employ a caretaker who shall be in charge at all times to keep the
planned manufactured home development, its facilities and equipment in a clean, orderly and
sanitary condition. The attendant or caretaker shall be answerable, with the licensee, for the
violation of any provision of this Code or State law to which the licensee is subject.
PLAT SPECIFICATIONS AND PROCEDURE
§ 153.55 GENERAL.
In a subdivision for residential use of less than five lots and where the lots abut existing public roads and
utilities, the Council may waive certain requirements such as topographic, street and utility specifications; in
that instance the information is not required.
§ 153.56 SKETCH PLAN.
The subdivider shall prepare a sketch plan to present to the Planning and Zoning Commission at the
advisory meeting. This plan may be drawn as a freehand pencil sketch and does not require precise dimensions
2841 Page
or any special sheet size. This sketch plan may be used to show the Commission the location, proposed street
and lot layout and any other significant features of the proposed subdivision.
§ 153.57 PRELIMINARY PLAT.
The following maps and data shall be submitted with the application for preliminary plat approval.
These maps and data may be on separate sheets or combined on one sheet, depending on the size and
complexity of the proposed subdivision. The overall size of the sheets shall be determined by the City Engineer.
(A)Location map. A map of the proposed subdivision showing:
(1) Boundary lines of the proposed subdivision, clearly indicated;
(2) Existing zoning of the tract and adjacent properties;
(3) Total approximate acreage in the plan;
(4) Location, widths and names of all existing or previously platted streets or other public ways,
showing types of improvements, if any railroad and utility rights-of-way, parks and other public
open spaces, permanent building and structures, easements and section and corporate lines within
the tract and to a distance of 100 feet beyond the tract.
(B) Site map. A map of the proposed subdivision and all lands within 500 feet of its boundaries showing:
(1) Contours of the site at vertical intervals of two feet;
(2) Character and location of natural or artificial features existing on the land which would affect the
design of the subdivision, such as wooded areas, drainage ditches, direction and gradient of
ground slope, embankments, retaining walls, buildings or nonresidential usage of land;
(3) Names of owners of properties adjacent to the subdivision;
(4) Existing and proposed streets and rights-of-way, including widths and purposes;
(5) Existing and proposed easements, including widths and purposes;
(6) Utilities, including the size, capacity and facilities, water lines, gas mains and power lines;
(7) Areas subject to periodic overflow of flood or stormwaters;
(8) Tract boundary lines by calculated distances and bearings; and
(9) Title, graphic scale, north point and date.
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(C) Subdivision plat. A plat of a proposed subdivision drawn on an overlay of the topography at a scale no
smaller than 100 feet to one inch, showing:
(1) Proposed name of subdivision, which name shall not duplicate the names of any plat heretofore
recorded in the county;
(2) Location by section, town and range, or by other legal description;
(3) Names and addresses of owner and subdivider, and the names of the city planner, land planning
consultant or surveyor who prepared the plan;
(4) Street pattern, including the names (which shall not duplicate existing streets in the city unless it
is an extension of an existing street), widths of rights-of-way of streets, approximate length of
streets and widths of easements for alleys;
(5) Indication of the proposed storm runoff through use of arrows or notes;
(6) Layout of lots, including dimensions, square footage, numbers, front yard lines, building setback
lines on odd -shaped lots; location and widths of easements;
(7) Location and area of parcels of land to be dedicated or reserved for schools, parks, playgrounds
or other public or community use; and
(8) Legend, notes, graphic scale, north point and date.
(D)Engineering plans. Engineering plans prepared by a registered engineer for the proposed subdivision
may be requested by the City Engineer during the subdivision process and shall include but not be
limited to the following:
(1) Show location and invert elevations of proposed sanitary sewer on preliminary plat;
(2) Show storm sewer pipe, catch basins and invert elevations on proposed plat. Indicate backyard
drainage with arrows; and
(3) Show proposed street grades every 100 feet on preliminary plat.
(E) Restrictions. A draft of the protective covenants or private restrictions to be incorporated in the final
subdivision plat.
§ 153.58 FINAL PLAT.
(A) The final plat shall be drawn at a scale no smaller than 100 feet to one inch.
(B) The final plat shall show:
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(1) Subdivision name, name and address of owner and subdivider, source of title of land as shown
by the books of the County Register of Deeds, graphic scale, north point, date and certificate of
approval of City Council;
(2) Survey data showing:
(a) Accurate angular and lineal dimensions for all lines, angles and curvatures used to
describe boundaries, streets, easements, area to be reserved for public use and other
important features. Lot lines to show dimensions in feet and hundredths;
(b) An identification system for all lots and blocks;
(c) True angles and distances to the nearest established street lines or official monuments
(not less than 2), which shall be accurately described in the plat;
(d) Municipal, township, county or section lines accurately tied to the lines of the subdivision
by distances and angles;
(e) Radii, internal angles, points and curvatures and lengths of all arcs;
(f) Accurate location of all monuments. Pipes or steel rods shall be placed at the corners of
each lot and at each intersection of street centerlines;
(g) Accurate outlines, legal descriptions of any areas to be dedicated or reserved for public
use, or for the exclusive use of property owners within the subdivision with the purposes
indicated therein; and
(h) Certifications by a registered land surveyor, to the effect that the plat represents a survey
made by him or her and that monuments and markers shown thereon exist as located, and
that all dimensional and geodetic details are correct.
(C) Notarized certification by owner, and by any mortgage holder of record, of the adoption of the plat and
the dedication of streets and other public areas.
(D) With submission of the final plat, ten copies of the plat map showing all addresses correctly labeled shall
be supplied to the Administrator for subsequent distribution to the utility companies, local school
districts, and Fire and Police Departments.
§ 153.59 PROCEDURES FOR PLAT SUBMISSIONS.
(A) General. The preliminary plat of the proposed subdivision must be approved by the Council before any
person, firm or corporation proposing a subdivision shall proceed with any grading and improvements
for streets or installation of public utilities. The final plat of the proposed subdivision must be approved
by the Council and recorded in accordance with the provisions hereof before any person, firm or
corporation proposing a subdivision shall sell, agree to sell, transfer, lease or otherwise convey any lot,
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parcel or tract in a subdivision, or construct or commence the construction of any building in a
subdivision.
(B)Advisory meeting. A person or corporation desiring approval of a plat of a subdivision shall appear
before the Planning and Zoning Commission to discuss his or her proposal before filing an application
for preliminary plat approval. No fee or formal application is required for this meeting. Its purpose is to
save the subdivider time and money. The subdivider shall be prepared to discuss the details of his or her
proposed subdivision, including such items as the proposed use, existing features of the area, existing
covenants, land characteristics, availability of community facilities and utilities, size of development,
play areas or public areas, proposed protective covenants, proposed utilities and street improvements.
The Commission will answer any questions from the subdivider and suggest professional advice.
(C) Preliminary plat.
(1) Application. After the advisory meeting, the subdivider shall submit an application for approval
of a preliminary plat to the Administrator. The application shall be accompanied by the
following:
(a) Fifteen copies of all maps and data set forth in these regulations; and
(b) A certified check or money order in an amount to cover the scheduled preliminary fees.
(2) Action by the Administrator. The developer should submit plans to the Administrator ten days
before the meeting to provide adequate time for review. The Administrator shall send one copy
of each of the maps and data to the City Engineer, the City Planner and members of the Planning
and Zoning Commission for review.
(3) Action by Commission. The Planning and Zoning Commission shall review the preliminary plat
and shall set a public hearing on the preliminary plat, the time and place to be published in the
official newspaper at least ten days before the day of the hearing. Following the hearing, the
Commission shall recommend approval or disapproval of the preliminary plat with any changes
and conditions as it may suggest and shall transmit its recommendations. The Commission shall
determine whether the proposed plat is consistent with the regulations specified in this chapter
and with the comprehensive plan of the city, and whether the proposed development will
advance the general welfare of the area and the city.
(4) Action by Council. Upon receipt of the recommendations of the Planning and Zoning
Commission, the Council shall consider the application and, after holding public hearings as it
deems desirable, shall approve or disapprove the application with changes of conditions, if any,
as it may deem appropriate. This may include the requirement for a development contract
between the city and the applicant; refusal of any of the changes or conditions shall constitute
denial of the application by the City Council. Failure of the applicant to notify the City Council
of his or her acceptance or refusal of the modifications to the preliminary plat constitute
acceptance of these conditions. The City Council shall approve or disapprove the plat within 120
days from the application by the subdivider unless the city grants itself an automatic extension of
time or the time period is otherwise extended by agreement.
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(D) Final plat.
(1) Within 180 days from receiving the last required approval of the preliminary plat by the City
Council, the developer shall submit an application for final approval to the Administrator, as set
forth in these regulations. The application shall be accompanied by:
(a) One copy of the plat which is to be recorded;
(b) Ten prints of the plat for city record;
(c) A certified check or money order in an amount to cover the final fees;
(d) A certificate that all improvements required by these regulations and all other applicable
city ordinances have been installed in strict accordance with the standards of construction
of the city; or a guarantee that the improvements will subsequently be installed by the
owner, in the form of a bond that will cover the cost of improvements as estimated by the
City Engineer or Council. Failure to provide this data within the 90 -day period shall
render null and void the approval of the preliminary plat. An extension of this time
period may be granted by the City Council on request of the developer; and
(e) Final plat will not be approved until developer gets approval from Rice Creek Watershed.
(2) Action by Administrator. The Administrator shall send one copy of each of the final data to the
City Attorney for review.
(3) Action by Council. Upon receipt of the reports of the City Engineer and City Attorney, the
Council shall consider approval of the final plat. Following approval by the Council, the Mayor
or other authorized person shall endorse the plat and the Administrator shall return it to the
applicant. If the final plat is not in substantial compliance with the regulations and conditions set
forth, the Administrator shall return the final plat to the applicant with an attached statement
identifying the areas of noncompliance. The City Council shall approve or disapprove the plat
within 60 days of staff reports.
(4) Recording. The subdivider shall present a copy of the approved final plat to the Register of
Deeds of the County. Unless the plat is duly recorded within 60 days from the date of final plat
approval, the city approval of the plat is void.
(5) Noncompliance. In the event the final plat as submitted for final approval is returned for
noncompliance:
(a) The applicant may treat the notification as denial of final approval;
(b) The applicant may resubmit the plan so it does comply with the regulations and
conditions set forth; or
289 1 Page
(c) The applicant may file a written request for a hearing before the Council, unless he or she
has previously been heard by the Council.
ADMINISTRATION AND ENFORCEMENT
§ 153.70 GENERAL.
(A)Administrator. The Administrator shall serve as the administrator who shall be responsible for the
administration of this chapter and shall:
regulations;
(1) Administer the provisions of this chapter in accordance with its literal terms and
(2) Collect the fees as established by resolution of the City Council;
(3) Maintain permanent and current records pertaining to this chapter, including but not
limited to maps, amendments, appeals and applications therefore; and
(4) Receive, file and forward petitions for appeals, amendments or other action to the
appropriate official bodies.
(B) Public hearing. Before acting on any subdivision plan or variance, the Planning and Zoning
Commission shall arrange for a public hearing thereon, after giving notice of the time and place in the
official newspaper of the city at least ten days prior to the day of the hearing.
(C) Variances. The Council may grant a variance upon receiving a report from the Planning and Zoning
Commission in any particular case where the subdivider can show that by reason of exceptional
topography or other physical conditions, the strict compliance with these or other physical conditions,
the strict compliance with these regulations could cause unnecessary hardship. Application for a
variance shall be made in writing by subdivider at the time the preliminary plat is filed with the
Administrator. A variance thus granted shall be recorded in resolution form entered in the minutes of
the Council setting forth the reason which justified the action.
(D)Inspection. When the plans of streets and other improvements have been approved as provided in this
chapter, the subdivider shall first notify the Administrator of his or her intention to proceed with the
construction or installation of the streets and improvements. Notification shall be made at least 24 hours
before any construction or installation shall commence, so as to give the city officials an opportunity to
inspect the site prior to commencement of work and to inspect installation or construction of the streets
and improvements during the course of work being performed. In order to defray a part of the costs
incurred by the city in inspecting the installation of improvements required by this chapter, the
subdivider shall, before he or she proceeds with any construction or installation, present a certified
check or money order made payable to the city in an amount equal to three percent of the City
Engineer's estimate of the cost of the improvements.
290 1 Page
(E) Maintenance bond. After the utilities and streets are approved, the developer shall furnish the city with
a 2 -year maintenance bond equal to 25 percent of the construction costs. During the 2 -year maintenance
bond period, the city will perform routine maintenance. Any unusual problems shall be corrected by the
developer. After two years, the City Engineer will inspect the utilities and streets. If everything is
acceptable, the city will accept full responsibility from that point on.
(F) Building permits. No building permit shall be issued for the construction of any building, structure or
improvements to the land or any lot within a subdivision, as defined herein, which has been approved
for platting, until all requirements of this chapter and all provisions for street construction and land
improvement have been complied with in full. Furthermore, no building permit will be issued for the
construction of any building structure on any lot within the city which does not abut on a publicly
dedicated and maintained street.
§ 153.71 AMENDMENTS.
(A)In general. This chapter may be amended by following the procedure specified in this section.
(B) Initiation. An amendment may be initiated by the City Council, the Planning and Zoning Commission
or by the petition of a resident to the City Council. An amendment not initiated by the Planning and
Zoning Commission shall be referred to the Commission for study and report, and the Council shall not
act on the amendment until it has received the recommendation of the Planning Commission or until 60
days have elapsed from the date of reference of the amendment without a report by the Commission.
(C)Action by Commission. Before any amendment is adopted, the Planning and Zoning Commission shall
hold at least one public hearing thereon after a notice of the hearing has been published in the official
newspaper at least ten days before the hearing. Following the hearing, the Planning and Zoning
Commission shall make a report of its findings and unless the amendment has been initiated by the
Commission, and Commission determines not to recommend it to the Council, it shall file a copy with
the Administrator within 14 days of the meeting at which the date of the hearing was concluded. When
the amendment to the Commission. Failure of the Planning Commission so to report on an amendment
not initiated by it, is deemed to be approval by the Commission of the amendment.
(D) Council action. Upon the filing of the report, or upon the failure of the Planning Commission to file a
report within the time prescribed by this section on an amendment proposed by petition or by the
Council, the City Council shall hold public hearings as it deems advisable. After the conclusion of the
hearings, if any, the Council shall act upon the request within 45 days to adopt the amendment or any
part thereof in any form as it deems advisable.
(E) Fee. Any person filing a petition requesting an amendment to this chapter shall pay a fee according to
the schedule established by the City Council. The fee is payable at the time of filing and is not
refundable.
291 1 Page
§ 153.72 APPEALS.
The City Council shall, unless otherwise superseded by law, have the power and duty of hearing and
deciding appeals where it is alleged that there is an error in any order, requirement, decision or determination
made in the administration or enforcement of this chapter.
(A)Procedure. An appeal for administrative review may be taken to the Council by any person, firm or
corporation or any city officer, department or agency affected by an adverse decision in the
administration or enforcement of this chapter. An appeal shall be taken by filing a notice of appeal
specifying the grounds thereof with the Administrator and the Council within 30 days after the decision.
If the appeal is not taken by the owner of the property which is the subject matter of the decision
appealed from, the notice shall not be so filed until after it has been served upon the owner either in
person or by mail. The Administrator shall forthwith transmit to the Council all papers constituting the
record upon which the action appealed from was taken. An appeal for an administrative review stays all
proceedings, in furtherance of the action appealed from unless the Administrator certifies to the Council
that, by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to
life or property. In that case, the proceedings shall not be stayed otherwise than by a restraining order
granted by a court of competent jurisdiction. The Council shall at its regular meeting after the filing of
an appeal to it from a decision set a date for hearing thereon, which shall be not later than 60 days after
the meeting. After hearing the oral or written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future meeting thereof. The decision of the Council may
be appealed to the County District Court.
(B) Fees. There shall be no fee charged for appeals.
§ 153.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
292 1 Page
(3 Stantec
To: Mike Ericson From: Mark Statz, PE
Phil Carlson, AICP
1880 Main Street St. Paul MN Office
Centerville, MN 55038
File: Peltier Estates Date: July 7, 2017
Reference: Peltier Estates
Memo
City of Centerville Planning and Engineering Staff have reviewed the Concept Plan received June
30, 2017 for Peltier Estates and have the following preliminary comments.
1. Application Completeness
a. Only a Concept Plan and Preliminary Street Plans have been submitted at this time.
No Preliminary Plat has been received.
b. No preliminary sewer, water, stormwater or grading plans have been received.
c. A wetland delineation has been approved by the Local Governing Unit (LGU), but no
proposed impacts have been reviewed or approved.
d. Utilities, wetland impacts and grading are all items which could greatly affect the
layout of the development. Therefore, it may be appropriate for the planning
commission to consider this application incomplete until this information has been
submitted. If the planning commission takes any action to accept the application for
Preliminary Plat, it should do so making clear that its acceptance is contingent upon
the receipt of a complete application, with all necessary plans and information.
2. General Comments
a. The following comments address only the information which has been submitted.
b. The property is guided in the City's Land Use Plan as Area F in the Growth
Management Plan as Low/Medium Density Residential.
c. Current zoning is R-1 Rural Residential
d. Rezoning to R -2A Single Family is an appropriate designation for the property.
i. Minimum lot size is 11,500 sq ft.
ii. Minimum lot width is 80 feet.
iii. Minimum front setback is 30 feet.
iv. All lots in the proposed plat meet these minimums for R -2A zoning.
e. The property must be connected to City sewer and water as a condition of building
permits if the rezoning and plat are approved.
Design with community in mind
tb c:\users\tbender\appdato\local\microsoft\windows\temporary internet files\content.outlook\yl npna7e\Peltier estates concept plan.docx
5 Stantec
July 7, 2017
Mike Ericson
Page 2 of 3
Reference: Peltier Estates
f. Access to the project will be via a new street connecting to 20th Avenue N on the
east and also to the stubbed cul-de-sac of Brian Drive to the south.
i. Contact Anoka County to obtain a permit for the access to 20th Avenue
North. They may require the construction of a turn lane and/or by-pass lane.
g. Park dedication is required per the city's current ordinances.
h. Incorporate City Detail plates into the plans.
Coordinate with private utilities on any necessary relocations. It appears a utility pole
is in the location of the proposed street.
3. Grading
a. Grading plans are needed. Any preliminary plat approval would need to be
contingent upon approval of a grading plan by the city engineer.
4. Sewer and Water
a. Utility plans are needed. Any preliminary plat approval would need to be contingent
upon approval of a utility plan by the city engineer.
b. Sewer and Water Access Charges (SAC/WAC) will apply per city code.
5. Wetlands
a. A wetland delineation has been completed and approved for the property.
b. The Rice Creek Watershed District is the Local Governing Unit (LGU) for the Wetland
Conservation Act (WCA). A submittal for review by the WCA Technical Evaluation
Panel (TEP), showing the area of wetlands being impacted by development will be
required. The LGU, in consultation with the WCA TEP will rule on what impacts may or
may not be allowed. This may affect the layout of the development and/or the
number of lots which can be reasonably developed.
c. City zoning ordinances require a 15 -foot vegetated buffer from any wetland
boundary with a 25 -foot buffer preferred. Permanent boundary markers, approved
by the City, will need to be placed along the boundary. Watershed district rules may
be more restrictive than these.
6. Road/Walk
a. The proposed sidewalk width shall be increased from 4' to 5' per the City's details.
b. Curb shall be surmountable curb per the City's details.
Design with community in mind
tb c:\users\tbender\appdata\local\microsoft\windows\temporary internet files\content.outlook\yl npno7e\pettier estates concept plan.docx
(3 Stantec
July 7, 2017
Mike Ericson
Page 3 of 3
Reference: Peltier Estates
c. The cul-de-sac on Brian Drive shall be removed and a standard road section
constructed. See the City's details. Continue the proposed alignment through the
cul-de-sac to show how grading will match in with the existing road, south of the cul-
de-sac.
d. Show parcel and right of way lines for all properties adjacent to the planned
development.
7. Stormwater
a. Plans must be submitted to the Rice Creek Watershed for their review as part of the
approval process.
b. Show 100 -year flood elevations for the development area and provide elevations for
the proposed homes.
c. Over an acre of impervious area is being added; a SWPPP is needed.
Attachment: None
c. Teresa Bender, Paul Palzer, Greg Burmeister, Jonathan Simmons, Phil Carlson, Martin Design
Group
Design with community in mind
tb c:\users\tbender\appdata\local\microsoft\windows\temporary intemet files\content.outlook\yl npno7e\Peltier estates concept plan.docx
Teresa Bender
From:
Mike Ericson
Sent:
Friday, June 23, 2017 1:55 PM
To:
Carter Johnson; DarinMosher, Darrin Mosher (dlmosher@comcast.net); debra neutkens;
Kim Ganzel; Linda Broussard Vickers; Mark Haiden; Nick Twohy; Pete Johnson; Russell
Koski
Cc:
Teresa Bender
Subject:
FW: Small Cell Deployment
Next agenda please.....
Thanks...
Mike
From: Kurt Glaser[mailto:kurtelaser@elaserlaw.netJ
Sent: Thursday, June 22, 2017 8:02 PM
To: Mike Ericson <MEricson @CENTERVILLE MN.com>
Cc: Paul Palzer <PPalzer@CENTERVILLEMN.com>; Statz, Mark <Mark.Statz@stantec.com>; Ellie Paulseth
<EPaulseth@CENTERVILLEMN.com>; Teresa Bender <TBender@CENTERVILLEMN.com>
Subject: Small Cell Deployment
Mike
We need to have a serious conversation about a law that passed this session allowing the cellular companies
unprecedented access to the City's rights of ways. This law has a variety of short term and long term impacts.
This will impact our rights of ways in a way that we will need to put together a plan to address potential
applications from cellular companies. We cannot wait until we receive the first application before we act
because of how this impacts our zoning and performance standards. Without getting out in front of this law, we
could be stuck putting 50 -foot towers in residents' front yards. Also, this will likely have long term implications
to our income stream from the cellular lease on the water tower.
Please put this on your list of things To Do (soon).
Thanks
Kurt
Kurt B. Glaser
Attorney At Law
Smith & Glaser, LLC
333 Washington Avenue
405 Union Plaza Building
Minneapolis, Minnesota 55401-1370
612-333-6513
612-333-3821 fax
KurtGlaser(&Glaserlaw.Net
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