99-032 ORDORDINANCE 99- 32
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
AMENDING SECTIONS 900.08, 900.12 AND 1008.20
OF THE CITY CODE OF ORDINANCES ESTABLISHING OPEN
SPACE PRESERVATION PLATS AS A PERMITTED USE IN THE RIA
AND A1 ZONING DISTRICTS AND ESTABLISHING STANDARDS
FOR THEIR CREATION
Case No. OA 98-3
The City Council of the City of Elk River does ordain as follows:
Section 1. Definitions, section 900.08, of the City of Elk River Code of
Ordinances shall be amended to add the definitions as follows:
900.08 - DEFINITIONS
COM~ON GARDENS: Land used by residents of a development for the
production of trees, vegetables, fruits and flowers.
COMMUNITY SERVICE AGRICULTURE:
that serves the local area.
Horticulture and Floriculture
FLORICULTURE: The cultivation and management of ornamental and
flowering plants for sale on site from a wayside stand.
HORTICULTURE: The cultivation and management of trees, plants,
grasses, vegetables and fruits for sale on site from a wayside
stand
STABLE (PRIVATE): The keeping, breeding, raising and use of
horses or ponies on open space owned and maintained by an
association of adjacent property owners for the exclusive
personal use and enjoyment of association members and for which
commercial gain is not the objective.
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WAYSIDE STAND: A structure used for the seasonal retail sale of
agricultural goods, floriculture, and horticulture produced by
the operator of the wayside stand. The operator of the stand must
provide written permission of the property owner to the City.
Section 2. The A-l, Agricultural Conservation District, section 900.12(4), of the
City of Elk River Code of Ordinances shall be amended to read as follows:
A. Permitted Uses
xi. Open Space Preservation Development plats
(Residential Clustering)
C. Conditional Uses
xviii. Cooperative gardening in Preserved Open Space
xix. Horticulture and floriculture services in
Preserved Open Space
xx. Private stables in Preserved Open Space
xxi. Wayside stand in Preserved Open Space
Section 3. The R-la, Single Family Residential, section 900.12(5), of the City of
Elk River Code of Ordinances shall be amended to read as follows:
A. Permitted Uses
vii. Open Space Preservation Development plats
within Rla (Residential Clustering)
C. Conditional Uses
xv. Cooperative gardening in Preserved Open Space
xvi. Horticulture and floriculture services in
Preserved Open Space
xvii. Private stables in Preserved Open Space
xviii. Wayside stand in Preserved Open Space
Section 4. The City of Elk River Subdivision Ordinance, section 1008.20, shall be
amended to add Open Space Preservation Plat standards as follows:
1008.20 - OPEN SPACE MAINTENANCE, PRESERVATION AND DEVELOPMENT
1. Maintenance Of Common Open Space: Operating and Maintenance
Requirements For Residential Subdivision Conunon Open Space
Facilities. Where certain land areas or structures are provided
within the subdivision for private recreational use or as common
service facilities, the owner of such land and buildings shall
enter into an agreement with the city to assure their continued
operation and maintenance to a predetermined reasonable standard.
These common areas may be placed under the ownership of one of
the following, depending upon which is more appropriate in the
discretion of the City:
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A. Dedicated to the public where a community-wide use
would be anticipated; or
B. Subdivider's ownership and control; or
C. Landowners (Homeowners) Association ownership and
control, provided all of the following conditions are met:
i. The Landowners (Homeowners) Association must be
established prior to the sale of any lot;
ii. Membership must be mandatory for each owner and
any successor in interest;
iii. The open space restrictions must be in perpetuity
and not for a specified term of years;
iv. The Association must be responsible for liability
insurance, local taxes, and the maintenance of
residential and other facilities;
v. Landowners (Homeowners) must pay their pro rata
share of associated costs and the assessment levied by
the Association shall become a lien on the property in
accordance with the Law; and
vi. The Association must be able to adjust the
assessment to meet changed circumstances and needs.
2. Open Space Preservation Plats
A. Statement of Purpose. The purpose of Open Space
Preservation Plats (OSP) is to maintain the rural and semi-
rural character of Elk River and provide public benefit by
preserving woodlands, vegetated corridors, agricultural
land, open space, and other significant natural features;
require less land for development, and to allow an
alternative to standard single-family detached residential
plats in the Rla and A1 districts in accordance with this
ordinance,the City Subdivision Regulations and the intent
and purpose of the City's Comprehensive Plan.
B. Objectives:
i. Preserve permanent natural habitat, vegetated
corridors for the movement of wildlife, scenic
enjoyment, recreational use, agriculture and rural
identity.
ii. Allow innovation and greater flexibility in the
design of residential developments.
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iii. Provide for site development that maintains a low
visual impact, particularly along arterial roadways
and abutting properties.
iv. Create cohesive neighborhoods in order to
establish local identity and community interaction.
v. Physically integrate neighborhoods, open spaces,
and places of destination in order to establish
municipal identity and community interaction.
vi. Reduce the costs of construction and maintenance
of public facilities, infrastructure and services.
C. Definitions
BUILDA~LE LAND A/~EA: The gross land area less the
unbuildable land area that includes floodways, hydric and
restrictive soils, land with slopes over 33%, wetlands and
areas that cannot accommodate septic systems.
CONSERVATION EASEMENT: A legal agreement creating an
interest in real property created in a manner to impose
limitations or affirmative obligations regarding the use of
property including the retention, protection, and
maintenance of open space.
ELIGIBLE LAND: Ail land within the boundaries of a tract
for the purposes of calculating density, except for land in
existing public road right-of-ways or any area occupied by
rivers, streams, lakes or any area one acre or larger and
classified as a US Army Corps of Engineers Type 3,4, or 5
wetlands, as described in the US Army Corps of Engineers
pamphlet entitled, "10 Important Questions," US Government
Printing Office No. 1979-768-929.
GROSS ACRES: The total area of a parcel of land including
wetlands, hydric soils, steep slopes, internal streets, and
dedicated easements.
LAND TRUST: A nonprofit organization that, as all or part of
its mission, works to conserve land by undertaking or
assisting direct land transactions - primarily the purchase
or acceptance of donations of land or easements.
PRESERVED OPEN SPACE: A tract of land with a conservation
easement over it that is used for, but not limited to,
agriculture, natural habitat, walkways (sidewalks) and
pathways or recreation.
D. Procedure. Ail procedures for a Standard Subdivision,
Section 1008.08, shall be followed for an 0SP Plat with the
addition of the following:
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i. In addition to a preapplication meeting with the
City, it is recommended that the applicant meet with
potential conservation easement holders in order to be
made fully aware of any procedures, policies, or other
issues regarding the plat.
ii. In addition to a preapplication meeting with the
City, a Sketch/Concept Plan shall be required that
includes the following:
a. Topography (minimum of 10 ft. contours).
b. Soil Types, and characteristics, such as
depth to water table.
c. Hydrological features including surface
water bodies, floodplains, wetlands, natural
swales and drainage ways.
d. Vegetation of the site, (pasture,
woodlands, hedgerows, etc.).
e. Description of the current land use and
structures on the land, and all encumbrances such
as easements or covenants.
f. Ail roads, buildings, utilities, property
boundaries, and property use within 500 feet of
the tract.
g. An outline of the land area to be protected
as open space or park, the number and acreage of
lots, areas proposed for storm water management
and on or off site sewage treatment.
h. Ail possible future roads, parks and open
space on or adjacent to the subject property.
i. Preliminary calculation of the amount of
acreage that is public road right of way and the
amount of acreage that is DNR regulated wetlands,
and or public water bodies.
iii. Data For Preliminary Plat. Ail information
required to be submitted in Section 1008.10 of the Elk
River Subdivision Ordinance is required to be
submitted with OSP plats with the addition of the
following:
a. Resource Inventory presented on an aerial
photograph at a scale of no less than 1 inch =
200 feet.
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i) Slopes of more than 33% with a minimum
run of 20 feet.
ii Soil types and characteristics, such
as depth of water table.
iii) Vegetation inventory identifying the
general cover types (woodland, pasture
etc), defining boundaries of woodland areas
and stand alone trees with a caliper of
more than eighteen (18) inches when
measured at a point four (4) feet above the
ground level. Vegetation types shall be
classified as generally deciduous,
coniferous or mixed and described by plant
community, relative age and condition.
Trees to be removed for streets, drives,
buildings, drainage or other purposes shall
be identified.
iv) Current land use including all
buildings, structures, paved areas, and all
encumbrances, such as easements or
covenants.
v) Visual resources, showing views onto
the tract from surrounding roads and public
areas, as well as views within the tract.
vi) Cultural resources: brief description
of historic character of buildings and
structures, historically important
landscapes, and archeological features.
vii) Context: general outlines of existing
buildings, land use, and natural features
such as water bodies or wooded areas, roads
and property boundaries within 500 feet of
the tract.
b. A calculation of the proposed OSP plat
density as determined by this ordinance, section
F.
c. A narrative from the applicant as to the
rational behind the proposed layout and open
space.
d. An itemized list of all documents,
agreements and actions necessary to be completed
prior to recording of the plat including:
i) Land area to be protected with a
conservation easement as open space or
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park, the number and acreage of lots, areas
proposed for storm water management and on
or off site sewage treatment.
f. Homeowner's Association Documents including
bylaws, deed restrictions, covenants, and
proposed conservation easements (prepared by
holder of conservation easement)
g. Management (replacement and repair) plan of
collector sewage treatment systems as approved by
the City. The plan should clearly identify the
following:
i) The ownership of the shared sewage
system;
ii) Annual schedule for maintenance,
inspection and monitoring of the shared
sewage system;
iii) Contingency plan in the event of
failure of the shared sewage system;
iv) Provision describing how the sewage
treatment portion of the system will be
protected from vehicles, animals, humans
and other sources of risk;
v) Assignment of responsibility for the
management and payment of the shared
system;
vi) The name and license number of the
system's designer.
E. Development Standards. Open Space Preservation plats
shall comply with the following minimum standards except
where the City Council determines that alternative standards
meet the intent of the ordinance:
i. Land Area
a. A minimum gross acreage for open space
preservation development is 20 acres.
b. A minimum of fifty (50%) percent of the
Eligible Land for development shall be dedicated
as preserved open space protected by a
conservation easement.
ii. Open Space Requirements. Open space intended to
be preserved as part of an open space preservation
development shall meet the following criteria:
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a. Open spaces shall be protected by the
placement of a conservation easement over them.
b. Open space shall be in a contiguous,
connected configuration including or adjacent to
existing natural areas or parks.
c. Open space in long narrow corridors in back
yards does not qualify as open space for
conservation easements.
d. Open space shall be maintained free of
noxious weeds, litter or debris.
e. Open space shall be owned by an individual,
homeowner's association, or other legal entity
which will use the land for open space purposes
pursuant to a conservation easement.
f. Open space may be dedicated as City Park
with arecommendation by the Park and Recreation
Commission, and if so, shall comply with the City
of Elk River Master Park and Recreation Plan and
Section 1008.18 of the Elk River Subdivision
Ordinance
iii. Homeowner's Associations. Where applicable, a
homeowner's association shall be established to
permanently maintain all Preserved Open Space and
recreational facilities. Such homeowner's association
management agreements shall be established prior to
the sale of any lots. Homeowner's association
management agreements shall include the following:
a. Legal description of the common lands or
facilities.
b. Membership in the Association is mandatory
for all purchasers of homes in the development
and their successors.
c. Restrictions placed upon the use and
enjoyment of the lands or facilities including
the persons or entities entitled to enforce the
restrictions.
d. A mechanism for resolving disputes among
the owners or association members.
e. Provide standards for scheduled maintenance
of open spaces.
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f. Provide a plan guaranteeing continuing
maintenance of open spaces that shall be
submitted to the City Council as part of the data
requirements for an open space development.
g. A mechanism to assess and enforce the
common expenses for the land or facilities
including upkeep and maintenance expenses, real
estate taxes and insurance premiums.
h. The conditions and timing of the transfer
of ownership and control of land or facilities to
the Association or the common ownership.
io Any proposed change in the articles of
association or incorporation shall require the
prior written approval of the City.
j. A_ny other matters the developer or City
deems appropriate.
iv. Park Dedication Requirements. Park dedication
fee requirements shall be based upon the number of
lots that could be created with a conventional
standard subdivision layout if fees are paid in lieu
of land.
v. Water and Sewer Systems.
a. Water may be provided by individual on-site
wells, or by one or more community wells in open
space areas, meeting all Minnesota Department of
Health requirements.
b. Shared sewage treatment systems are
required and may be located in common open space
within an easement. A sewage management plan
must me submitted to the City of Elk River that
must be reviewed and approved prior to being
recorded with the final plat. The plan shall
clearly identify the following:
i) The ownership of the shared sewage
system;
ii) An annual schedule for maintenance,
inspection and monitoring of the shared
sewage system;
iii) Contingency plan in the event of
failure of the shared sewage system;
iv) Provision describing how the sewage
treatment portion of the system will be
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protected from vehicles, animals, humans
and other sources of risk;
v) Assignment of responsibility for the
management and payment of the shared
system;
vi) The name and license number of the
system's designer.
vi. Dimensional Regulations. The dimensional
regulations for Open Space Preservation Plats may be
reduced from the underlying zoning district
dimensional regulations provided they comply with the
following minimums:
a. Minimum Lot Size:
11,000 sq. ft. (80 ft. x 130 ft., 100 ft. width
on corner lots).
b. Building Setbacks.
Front 30
Side 10
Garage Side 5'
Rear 20
c. Maximum impervious surface within each lot
shall be 25%.
d. Street Standards shall comply with the Elk
River Subdivision Ordinance, section 1008.
vii. Lot Design Guidelines. Residential lots should
be designed to achieve one or more of the following
objectives:
as:
Oriented around a central focal point such
i) A central green or square
ii) A physical amenity such as a meadow,
stand of trees, a stream or water body, or
some other natural feature.
iii) A street with a boulevard planted with
shade trees and a central parkway or median
at least 25 feet wide.
b. Located to preserve woodlands, farmland or
other natural features or character including
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places of historic, archeological or cultural
value and their environs.
c. Located such that at least 50% of the lots
within a neighborhood abut open space on at least
one side. A local street may separate lots from
open space.
d. Views shall be preserved on and off-site to
the maximum possible.
e. Locate neighborhood recreation open spaces
such that they are an integral part of the
neighborhood or the surrounding home sites, are
at an elevation appropriate to their intended
recreational use, have boundaries that are
clearly defined and are accessible to all
neighborhood residents from a public street.
f. Preserve natural habitat to the maximum
extent possible in a contiguous, connected
configuration. Natural open spaces may include,
but are not limited to, fields, wetlands, slopes,
bluffs, woods, lakes, ponds, streams, shore
lands, and other environmentally sensitive areas.
g. Connect individual home sites with
pedestrian corridors or sidewalks to larger open
spaces and places of destination on and off site.
Open spaces should be accessible to pedestrians
at roughly (1,200) foot intervals along public
roadways. Pedestrian corridors between lots shall
be at least (50) feet in width and buffered from
view of adjacent properties.
h. Buffer residential properties from
incompatible uses with buffer zones of at least
(100) feet to minimize land use conflicts. The
buffer zones shall be thickly planted with native
grasses, shrubs and trees. Roads may be included
in the buffer that will create an effective
barrier separating yards from fields and
pastures.
i. Minimizes development fronting onto
existing arterial roads by establishing buffer
zones with existing and native vegetation to
protect rural roadside character and to improve
public safety and traffic carrying capacity.
j. Locate houses and garages such that the
garages do not dominate the streetscape.
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k. Locate septic systems on the most suitable
soils for sub-surface septic disposal.
1. Landscape common areas and street right-of-
ways with native vegetation with high wildlife
conservation value.
F. Density.
tract:
To calculate the base density for a given
i. Determine the Eligible Land (See definition).
ii. In the Rl-a zoning district, divide the eligible
land by 2.5 then multiply by 1.15 to determine the
number of lots.
Example:
Eligible land area: 24 acres
Zoning district density: 2.5 acres
OSP density: (24 / 2.5) x 1.15 = 11.04,
or 11 lots
iii. In the A-1 zoning district divide the eligible
land by 10 and multiply by 2.15 to determine the
number of lots.
Example:
Eligible land area:
Zoning district density:
0SP density:
42 acres
10 acres
(42 / 10) x 2.15 =
9.03, or 9 lots
iv. Density bonuses. At the discretion of the City
Council, density bonuses may be permitted which allow
projects to be developed at a density greater than
otherwise allowed provided that one or more of the
following standards are complied with. Each standard
provides an additional density increase above the
allowed zoning district density with a maximum density
increase of 40% above the allowed zoning district base
density.
a. Creating an endowment to the land trust or
homeowners association where the principal would
generate sufficient annual interest to cover the
conservation easement holder's yearly costs (5%
bonus).
b. Providing for access by the general public
to trails, parks, or other recreational
facilities, excluding golf courses (5% bonus).
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c. An additional 10% open space is provided
above the required 50% buildable open space (5%
bonus).
d. Reusing existing buildings and structures
or preserving specific site features inventoried
by the County, City, or State Historical
Preservation Office (5% bonus).
e. Provide covenants to create an
architectural theme to include items such as,
porches, side or rear loaded or detached garages
(5% bonus).
Section 5. That this ordinance shall take effect
publication as provided by law.
.,1999, upon
Passed and adopted by the City council of the City of Elk River this ~ day of
,t~ ,/e ~ k, err, 1999.
Mayor
Sandra A. Peine
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RESOLUTION 99- 90
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF
OFFICIAL SUMMARY OF ORDINANCE 99-32, AN ORDINANCE
AMENDING SECTIONS 900.08, 900.12, AND 1008.20 OF THE CITY OF
ELK RIVER CODE OF ORDINANCES ESTABLISHING OPEN SPACE
PRESERVATION PLATS IN THE Rla AND A1 ZONING DISTRICT
WHEREAS,
the City Council of the City of Elk River has adopted an
ordinance pursuant to which Section 900.12 of the City Code of
Ordinances amending Sections 900.08, 900.12, and 1008.20 by
establishing standards for Open Space Preservation Plats;
and,
WHEREAS, the following is a summary of those amendments as adopted in
Ordinance 99-32; and,
WHEREAS, the ordinance establishes standards for Open Space
Preservation Plats; and,
WHEREAS,
the ordinance sets forth a statement of purpose for the plats
which is to preserve the rural and semi-rural character of the
City, provide public benefit of lands that contribute to that
character and to allow alternatives to standard subdivision
requirements in the Rla and A1 districts; and,
WHEREAS,
the ordinance sets forth minimum standards for the
establishment and maintenance of Open Space Preservation
Plats; and,
WHEREAS,
a copy of the entire text of this ordinance is available for
inspection by any person in the office of the City Clerk at City
Hall and at the Elk River Public Library; and,
WHEREAS,
the City Council approves the text of the summary of
Ordinance 99-32 and has determined that it clearly informs
the public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED that this official summary of
Ordinance 99-32 shall be published in lieu of publication of the entire
ordinance as provided by Minnesota Law.
Passed and adopted by the Elk River City Council this 22nd day of November,
1999.
ATTEST:
Sandra A. Peine, City Clerk
~inzing,~
Affidavit of Publication
STATE OF MINNESOTA
S, the ordinance sets forth
m standards for the establish-
d.maintenance of Open Space ~
ation Plats; and, ' " "
EAS, a copy of the entire text
ordinance' 4s available' for- "
by any person in the office
lerk 'at City Hall <and at '
Public Library; and:" " .
EREAS, . the City Council'
oves the text of the summary. of
':lance 99-32 and has determined
It clearly infOxp1s the public of the,
tand effect of the ordinance. '
, ,THEREFORE, BE' IT
LVED that this official sunUna-:
'7'0 ' 0"d~ance 99-32 shall be pub:
14sh.ed ill lieu of publication 'of the I
entIre ,ordinance as provided by
a Law. ",'
and adopted by the Elk River "
cil this 2Znd day 'of,
999." .',
Stephanie'K1in7.ing..
" ':" Mayor:
ndra A. Perne, City Clerk '
, CDl)'"
)ss.
COUNTY OF SHERBURNE)
--E:J [/ fA / b.c thJ fro. ~'\ ~ \ ::,
being duly sworn, on Oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and oth~r applicable
laws, as amended. D .
(B) The printed f\ t'~D \vtt () tV qq-q 0
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, forI suc-
cessiveweeks; it was first published on Wednesday, the 15 t-
day of -1)~t.p1fYlll-fA.) , 19~, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_dayof ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind oftype used in the composition and publication of the
notice.
BY:
TITLE:
a b c d e f g h ij k I m n 0 p q r s t u v w x y z
~:~~~M~r
Subscribed and sworn to before me on this \ ~ day of
, 19$-.
/ !":JV~.
lii!J$g~~ ~~M --.
RATE INFORMA 'YCof71rn.t:~LIC'MIM 1NSklj
-.pIres J. 'NESor,
(1) Lowest classified rate paid by an. at, ~~
commercial users for comparable,....... '9. 't-lci '. .
space $~
(2) Maximum rate allowed by law for r , 11
~~~m~& $~~3~
(3) Rate actually charged for the ( ~. 3'1
above matter $ - p-
D ,fCUrf\ be vr
~ f1t1.
Notary Puc