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9.A.1. PRSR 09-08-1999 Item 9.A.1. MEMORANDUM ityof � �lk TO: Park and Recreation Commission River ,��� FROM: Michele McPhersogt;'Director of Planning DATE: September 1, 1999 SUBJECT: Discuss Cluster Ordinance, Park Impacts Request Attached please find a letter from Marly Glines requesting that the Park and Recreation Commission consider accepting a land dedication as part of a proposed cluster development. The subject parcel is currently outside of the previously identified Park Service Areas. Attachments • Letter from Mr. Glines • Location Map • Proposed Subdivision • Draft Cluster Ordinance • Analysis We will begin looking at the Park Master Plan in October. Some things that the Commission may want to consider are: • Will this site be connected to any other facilities in the park system? If so, how? • What type of recreation would be offered at this site? • Should we more closely evaluate the lands in the A-1 and R-1 a Districts for their desirability as recreational opportunities? A copy of the latest version of the cluster ordinance is attached for your review and information. It should be noted that a density bonus is granted for public access to trails, parks, or other recreational facilities. Presently, the cluster ordinance is written such that Cluster subdivisions would be required to pay a dedication fee based on the number of lots that would have been allowed under the conventional subdivision rules if fees are paid in lieu of land. Recommendation Due to the timing, it may be premature for the Commission to make a recommendation at this time. Please discuss Mr. Glines' request and provide staff with further direction regarding this issue. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612)441-7425 AUG-19-99 01 :49 PM DYNAMICS DESIGN and LAND 6124418604 P. 02 • August 17, 1999 Ms. Michele McPherson, Director of Planning Park Board Members City of Elk River Re: Proposed Plat of"WINDSOR PARK" Park Dedication and Common Open Space Dear Ms. McPherson and Park Board Members, We are writing this letter to express our intentions regarding Park Land and Open Space in our proposed plat of"WINDSOR PARK" (attached) and to initiate some direction from the city. It has been our intention to deed the Central Park area to the city as Park Land for passive recreational purposes. The Park would be approximately eleven and eight tenths (11 8/10ths) acres in size. We have looked at Trails throughout the Central Park area. But, we have also considered the option of sidewalks separated from the street section by boulevard on the same side as the homes. This option would be instead of trails in the park. Our wish would be that the park remain wooded with the underbrush removed. • The only trees that would be removed would be fallen,diseased, or damaged. (the same would apply as part of the Tree Preservation Plan for the individual lots.) Park Benches and a Gazebo within the Central Park area could be a possibility. We would like to have the area between the homes and County Road No. 1 owned by the WINDSOR PARK Homeowners Association as Common Space with a conservation easement. This area would be utilized in part as Community Gardens with an irrigation well and Community Sewage Treatment elsewhere. Trails in the Common Space area would connect the Central Park area to the Community Gardens and to County Road No. 1. We are open to suggestions that will enhance the living environment for the homeowners in this Common Interest Community. Respect lly 99,42.480 Marlon Glines Dynamics, Lamm, & Dehrer • LOCATION - ... 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Awitr•-m- v‘44r:: , . `• ..-',...4f ' bra"' � A � ���.� Rr.rf� b,,,4 ,,,,,,, ,..-„,-, , yam' 'A lti � 0 N � © z , x_ , �s�~ ,.► '`-w / , a a c, T N. Draft of OSPD Ordinance 8/30/99 Page 1 • ORDINANCE 99- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.10 OF THE CITY CODE OF ORDINANCES Case No. OA 98-3 The City Council of the City of Elk River does ordain as follows: Section 1. The A-1,Agricultural Conservation District, section 900.10(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 xvii. Cooperative gardening xviii. Horticulture and floriculture services xix. Private stables xx. Wayside stand Section 2. The R-1, Single Family Residential, section 900.10(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 in Rla (Residential Clustering) C. Conditional Uses xv. Cooperative gardening 410 xvi. Horticulture and floriculture services xvii. Private stables s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 2 • xviii. Wayside stand Section 3. The City of Elk River Code of Ordinances shall be amended to read as follows: Open Space Preservation Development Ordinance (Residential Clustering) STATEMENT OF PURPOSE. The purpose of the Open Space Preservation Development Zoning District(OSPD) 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; requiring less land for development, and to allow an alternative to standard single- family detached residential plats in the Rla and Al districts in accordance with this ordinance, the City Subdivision Regulations and the intent and purpose of the City Comprehensive Plan. OBJECTIVES: 1. Permanent preservation of contiguous common open spaces for natural habitat, vegetated corridors for the movement of wildlife, scenic enjoyment,recreational use, agriculture and rural identity. 2. Allow innovation and greater flexibility in the design of residential developments. • 3. Provide for site development that maintains a low visual impact,particularly along arterial roadways and abutting properties. 4. Creation of cohesive neighborhoods in order to establish local identity and community interaction. 5. Physical integration of neighborhoods, open spaces,and places of destination in order to establish municipal identity and community interaction. 6. Reduction of the cost of construction and maintenance of public facilities, infrastructure and services. DEFINITIONS Buildable Land Area. 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. • Common Gardens. Land used by residents of a development for the production of trees, vegetables,fruits and flowers. s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 3 410 Community Service Agriculture. Horticulture and Floriculture that serves the local area. Eligible Land. All 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. Floriculture. The cultivation and management of ornamental and flowering plants for sale on site from a wayside stand. Gross Acres. The total area of a parcel of land including wetlands,hydric soils, steep slopes, streets, and dedicated easements. Heritage Preservation Site. Any area,place,building, landmark, structure, lands,districts,or other object,that has been zoned Heritage Preservation Site Overlay Zoning District pursuant to Section 900.12(21)and 900.44 of this Code. Horticulture. The cultivation and management of trees,plants, grasses,vegetables and fruits for sale on site from a wayside stand. Land Trust. (Need a definition) 110 Preserved Open Space. A tract of land with a conservation easement over it that is placed used for agriculture,natural habitat,walkways(sidewalks)and pathways or recreation. Single Family Dwelling. A residential structure designed for or used exclusively as one dwelling unit of permanent occupancy. a) Detached. A single family dwelling that is surrounded by yards on all sides, is located on its own individual lot, and is not attached to any other dwelling by any means. 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. Wayside Stand. A structure used for the seasonal retail sale of agricultural goods,floriculture, and horticulture produced by the operator of the wayside stand on site or on other property in the City. PROCEDURE All procedures for a Standard Subdivision, Section 1008.08, shall be followed for an OSPD subdivision with the addition of the following : • s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 4 • 1. 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. 2. 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) All 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) All 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. Data For Preliminary Plat All information required to be submitted in Section1008.10 of the Elk River Subdivision Ordinance is required to be submitted with OSPD plats with the addition of the following: 1. Resource Inventory presented on an aerial photograph at a scale of no less than 1 inch= 200 feet. a) Identify slopes of more than 33%with a minimum run of 20 feet. b) Soil types and characteristics, such as depth of water table. c) Complete a 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 s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 5 • 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. d) Current land use including all buildings, structures,paved areas,and all encumbrances, such as easements or covenants. e) Visual resources, showing views onto the tract from surrounding roads and public areas, as well as views within the tract. f) Cultural resources: brief description of historic character of buildings and structures,historically important landscapes,and archeological features. g) 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. 2. A calculation of the proposed OSPD subdivision Density as determined by this ordinance. 3. A narrative from the applicant as to the rational behind the proposed layout and open space. • 4. An itemized list of all documents, agreements and actions necessary to be completed prior to recording of the plat including: a) Land area to be protected with a conservation easement as open space or park, the number and acreage of lots, areas proposed for storm water management and on or off site sewage treatment. b) Homeowner's Association Documents including bylaws, deed restrictions, covenants, and proposed conservation easements(prepared by holder of conservation easement) c) The 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 system ii) An assignment of responsibility for the management and payment of the shared system iii) An annual schedule for maintenance, inspection and monitoring of the shared system • iv) A contingency plan in the event of failure of the shared system s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 6 v) A provision describing how the sewage treatment will be protected from vehicles, animals,humans and other risks; vi) The name and license number of the system's designer. DEVELOPMENT REQUIREMENTS Open Space Preservation Developments shall comply with the following minimum standards except where the City Council determines that alternative standards meet the intent of the ordinance: 1. Land Area a) A minimum gross acreage for open space preservation development is 20 acres. b) A minimum land area of 10 acres shall be preserved as open space and protected by a conservation easement. c) A minimum of fifty(50%)percent of the Eligible Land for development shall be dedicated as preserved open space protected by a conservation easement. OPEN SPACE DESIGN AND REQUIREMENTS 1. Open spaces intended to be preserved as part of an open space preservation development • shall meet the following criteria: a) Open spaces shall be protected with a conservation easements placed 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 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 in favor of an acceptable Land Trust as approved by the City. Open space dedicated as City park shall comply with the City of Elk River Master Park and Recreation Plan and Section 1008.18 of the Elk River Subdivision Ordinance 2. Where applicable, a homeowner's association shall be established to permanently maintain all residual open space and recreational facilities. Such homeowner's s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 7 • 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 mechanisms for resolving disputes among the owners or association members. e) Provide standards for scheduled maintenance of open spaces. 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. i) Any proposed change in the articles of association or incorporation shall require the prior written approval of the City. j) Any other matters the developer or City deems appropriate. 3. 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. LOT DESIGN STANDARDS 1. Dimensional Regulations for principal structures: a) Minimum Lot Size: i) Individual septic drain-fields on the lot(backup drain-field in open space)- 1 acre,or ii) Individual or shared septic drain-field not on the lot-11,000 sq. ft, 80' width, 100' width corner lot, 130' depth. • b) Building Setbacks shall comply with the following minimums except where the City Council approves an alternative as part of subdivision application. s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 8 0 Front 30' Side 10' Garage Side 5' Rear 20' c) Maximum Lot Coverage: 25% except where the City Council approves an alternative. d) Maximum Building Height- 3 floors or 40 feet 2. Street Standards shall comply with the Elk River Subdivision Ordinance, section 1008, except where the City Council approves an alternative. 3. Lot Design Guidelines Residential lots should be designed to achieve one or more of the following objectives: a) Oriented around a central focal point such as: i) A central green or square IIIii) 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 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. 0 s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 9 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) Locate houses and garages such that the garages do not dominate the streetscape. j) Locate septic systems on the most suitable soils for sub-surface septic disposal. k) Land required for back-up septic systems may be located within the preserved open space,provided that the land is owned by the homeowner's association, is suitable for septic systems, is not in a sensitive area such as a forest buffer, is placed on an easement for septic and is approved by the City. DENSITY • To calculate the base density for a given tract: 1. Determine the Eligible Land a) All land within the boundaries of a tract is eligible 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. 2. In the R1-a zoning district: a) Divide the eligible land by the allowed Zoning District Density to determine the maximum number of lots. The actual number of lots allowed will be dependent on the ability of the applicant to meet the requirements of the Subdivision Ordinance,the OSPD ordinance and any other considerations as determined by the City Council. Example: Eligible land area: 24 acres Zoning district density: 2.5 acres OSPD maximum density: 24/2.5 =9.6,or 10 lots • 3. In the A-1 zoning district: s:\planning\stevewen\cemmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 10 a) Divide the eligible land by the allowed Zoning District Density and multiply by 2 to determine the maximum number of lots. The actual number of lots allowed will be dependent on the ability of the applicant to meet the requirements of the Subdivision Ordinance,the OSPD ordinance and any other considerations as determined by the City Council. Example: Eligible land area: 42 acres Zoning district density: 10 acres OSPD maximum density: (42/ 10)x 2=8.4,or 8 lots 4. At the discretion of the City Council,density bonuses may be permitted which allows projects to be developed at a density greater than permitted by the zoning district provided the one or more of the following standards are complied with. Each standard provides an additional density increase of 5%over the allowed with a maximum density maximum density increase of 40%above the allowed zoning district 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. b) Providing for access by the general public to trails,parks,or other recreational • facilities,excluding golf courses. c) An additional 10%open space is provided above the required 50%buildable open space. d) Reusing existing buildings and structures or preserving specific site features inventoried by the County, City,or State Historical Preservation Office. e) Utilize clustered septic systems as approved by the City. f) Provide covenants to create an architectural theme to include items such as, porches, side or rear loaded or detached garages. EVALUATION CRITERIA In evaluating the layout of lots, streets and open space,the following criteria will be considered by the city as indicating design appropriate to the site's natural,historic, and cultural features, and meeting the purposes of this ordinance. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation areas. Accordingly,the city will evaluate proposals to determine whether the proposed concept plan: 1. Protects and preserves all floodways,wetlands and surface waters, including creeks, streams, springs, lakes and ponds by maintaining or creating an adjacent upland buffer of 110 native vegetation of at least 100 feet in depth. s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 11 • 2. Preserves and maintains mature woodlands,fields(pastures and meadows)or hedgerows, and creates sufficient buffer areas to minimize conflicts between differing land uses. 3. 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. 4. Leaves scenic views and vistas unblocked or uninterrupted,particularly as seen from public roads.. 5. Avoids new construction on ridges by taking advantage of lower topographic features. 6. Protects wildlife habitat of species listed as endangered,threatened or of special concern by the U.S. Environmental Protection Agency and/or the Minnesota Department of Natural Resources. 7. Designs around and preserves sites of historic,archeological or cultural value and their environs, insofar as needed to safeguard the character of the feature. 8. Landscapes common areas(such as community greens and cul-de-sac islands), street right-of-ways with native species shade trees and flowering shrubs of high wildlife • conservation value. 9. Provides active recreational areas in suitable locations offering convenient access by residents, and adequately screened from nearby residents. 10. Includes a pedestrian circulation system designed to assure that pedestrians can walk safely and easily on the site,between properties and activities or special features within the neighborhood open space system.All roadside footpaths should connect with off road trails,which in turn should link with potential open space on adjoining undeveloped parcels(or with existing open space on adjoining developed parcels,where applicable). 11. Provides open space that is contiguous. To the greatest extent practicable,preserved open space shall be designed as a single block with logical, straightforward boundaries. Long thin strips of conservation land shall be avoided,unless the conservation feature is linear or unless the configuration is necessary to connect with other streams or trails. Open space shall generally abut existing or potential open space on adjacent parcels, and shall be designed as part of larger contiguous and integrated greenway systems. 12. Meets qualified Land Trust criteria and protection objectives or those approved by the City Council. a) Open space is in contiguous blocks b) Open space is adjacent to existing natural areas or parks • s:\planning\stevewen\ccmmo\oa99osd4.doc Draft of OSPD Ordinance 8/30/99 Page 12 • c) Open space protected by a conservation easement is a minimum land area of 10 acres d) Back yard /corridor easements are minimized e) Natural features of the site preserved. f) Native plants are incorporated into the plans g) The recreation or intended use for the open space is identified 13. Conforms with the City of Elk River Comprehensive Plan Section 3. That this ordinance shall take effect , 1999,upon publication as provided by law. Passed and adopted by the City council of the City of Elk River this day of 1999. • Stephanie Klinzing Sandra A. Peine Mayor i s:\planning\stevewen\ccmmo\oa99osd4.doc