6.3. SR 11-15-1999
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Ell{ River TO:
Item# 6.3'~
MEMORANDUM
FROM:
The Mayor and City Council
Stephen Wensman, Planner7J
DATE:
November 15, 1999
SUBJECT:
Cluster Ordinance
Reauest
The City of Elk River requests an ordinance amendment to allow single
family residential cluster development in the RIa and Al zoning districts as
a permitted use with regulations.
Attachments
. Ordinance 99-_
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Overview
On April 19, 1999, the City Council was presented a draft of the Open Space
Preservation Development Ordinance that permitted residential clustering in
an overlay district in the RIa and Al Zoning Districts.
Since that time, the following changes have been made to the Ordinance:
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1. Clustering as a permitted use in the RIa and Al zoning districts
rather than as an overlay district.
2. Park dedication fee requirements based upon the number of lots that
would have been created with a conventional subdivision as opposed to
the increased lots allowed under clustering if fees are paid in lieu of
land (Park and Recreation Commission recommendation).
3. Density Calculations are based on the underlying zoning district
allowed density with bonuses for performance (public access to trails,
additional open space, clustered septic...).
4. Provide a greater bonus for clustered septic systems.
5. Preserved Open Spaces are required to have a conservation easement
over them and shall be held by a qualified Land Trust or by a
homeowners association.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission/OA 98-3
November 15, 1999
Page 2
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On October 26, 1999, the Council held a public hearing with comments from
several residents mostly concerned with the 10 acre minimum lot size
requirements in the Al Zoning District. At that time, staff asked that the
item be postponed to the November meeting so that some minor clerical
comments by the City Attorney could be incorporated into the final draft.
On November 23, 1999, the Planning Commission will hold a public hearing
on a proposed clustered subdivision off of Elk Lake Road. This item has been
postponed once to coincide with the adoption of the Open Space Preservation
Plat Ordinance.
Recommendation
Staff and the Planning Commission recommend that the City Council
approve Ordinance 99- to permit single family residential clustering in
the RIa and Al zoning districts with clustering regulations.
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ORDINANCE 99-
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 Al 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
COMMON GARDENS: Land used by residents of a development for the
production of trees, vegetables, fruits and flowers.
COMMUNITY SERVICE AGRICULTURE: Horticulture and Floriculture
that serves the local area.
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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Page 2
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-I, 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 RIa (Residential Clustering)
C.
Conditional Uses
xv. Cooperative gardening in Preserved Open Space
xvi. Horticulture and floriculture services ~n
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 Common 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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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-I, 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 R1a (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
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1. Maintenance Of Common Open Space: Operating and Maintenance
Requirements For Residential Subdivision Common 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
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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 RIa and Al 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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lll. 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. Defini tions
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.
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.
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. All procedures for a Standard Subdivision,
Section 1008.08, shall be followed for an OSP 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. 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.
iii. Data For Preliminary Plat. All 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.
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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 asp 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:
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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:
l . 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.
ll. 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.
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.
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
Side
Garage Side
Rear
30'
10'
5'
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:
a. Oriented around a central focal point such
as:
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.
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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. To calculate the base density for a given
tract:
1. 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
asp density: (24 / 2.5) x 1.15 = 11.04,
or 11 lots
iii. In the A-l 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:
asp 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
,1999.
Stephanie Klinzing
Mayor
Sandra A. Peine
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