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Item# 6. 14.
ity of / MEMORANDUM
1kRiver
TO: Planning Commission
FROM: Scott Harlicker, Planning Assistant-t;
DATE: March 23, 1999
SUBJECT: Request by the City of Elk River for
an Ordinance Amendment Regarding
Wind Generators, Public Hearing
Case No. OA 99-2
Request
Consider a request by the City of Elk River to amend the zoning code to allow
wind generators as a conditional use in the Al (Agricultural Conservation)
district
• Issue
The City, as part of the Energy City Program, is has been approached
regarding the construction of a wind generator in the north section of the
city. The current zoning code does not address this type of facility. In order to
allow wind generators to be constructed, it is suggested the zoning code be
amended to allow them as a conditional use in the Al district.
Requiring a conditional use would allow the city an opportunity to address
any potential adverse impacts. Potential impacts include visual, noise, safety,
environmental and property values.
Visual
Because the height of the wind generators will be more than 100 feet, there is
the potential for visual impacts. Visual impacts can be addressed during the
CUP process. Criteria#vi states that the proposed use will not result in the
destruction, loss or damage of a natural or scenic feature. As an example, if a
proposed generator was visible from Top of the World park it would have to
be addressed. There are also covenants related to a DNR grant that requires
the natural look of the park be maintained.
•
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 99-2
March 23, 1999
Page 2
III Noise
There will be some noise associated with the operation of a generator. This
can be addressed in criteria#v. This criteria states there will be no activities,
process or condition of operation that will be detrimental to any persons or
property because of noise or vibrations. This criteria allows the city to require
information and or studies to determine if noise is an issue that needs to be
addressed.
Safety
There is also safety issues that should be addressed. There is the question of
what is the possibility of the generator falling down and of people climbing it.
Criteria # i states the proposed use will not endanger, injure or
detrimentally affect the public health safety or general welfare of the
neighborhood or the City. As with antenna towers, the city can require
studies to determine the wind loading capabilities of the generators and some
type of mechanism to restrict climbing. Since the generator would also
require a building permit, it will also have to comply with all applicable
building and electrical codes.
IIEnvironmental
There have been some studies that show that wind generators can result in
raptors being killed. What seems to happen is pigeons, which are part of a
raptor's diet, like to nest in the lattice portion of the tower. The raptors fly in
to get the pigeons and can be killed by the rotating blades. This can be
prevented by requiring mono poles.
Property Values
The issue of a wind generator's impact of property values can also be
addressed during the CUP process. Criteria#i, and iii address this issue.
Criteria i requires the proposed use not endanger or detrimentally affect the
use and enjoyment of other property in the vicinity, and criteria iii states the
proposed use will not impede the normal and orderly development and
improvement of surrounding vacant property.
Most of the issues relating to the siting of wind generators are similar to
issues that are addressed when considering antenna towers. In order to
address those issues the city can require the same type of structural
information as it does with antenna towers.
III
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Memo to Planning Commission/OA 99-2
March 23, 1999
Page 3
Ili Recommendation
It is recommended the Planning Commission recommend approval of the
proposed amendment to the zoning code to allow wind generators as a
conditional use in the Al district.
•
•
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Memo to the Planning Commission/0A 98-3
March 23,1999
Page 1
• Open Space Preservation Development District
City of Elk River
Sherburne County, Minnesota
STATEMENT OF PURPOSE.
The purpose of the Open Space Preservation Development Zoning District is
to maintain the rural, semi-rural character of Elk River by preserving
agricultural land, woodlands, corridors, and other significant natural
features and to allow an alternative to conventional design for single-family
detached residential development in the Rla and Al districts in accordance
with a Concept Plan and a OSPD Plan, and in accordance with this
ordinance, and the City Subdivision Regulations. An OSPD shall be
consistent with the intent and purpose of the City Comprehensive Plan and
this Ordinance, and shall not adversely affect property adjacent to the land
area to be developed.
OBJECTIVES:
•
1. Permanent preservation of contiguous common open spaces for natural
habitat, 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 the 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. To reduce the cost of construction and maintenance of public facilities,
infrastructure and services.
•
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• Establishment of Overlay District
The Open Space Preservation Development Overlay District (OSPD) applies
only to the Rla and Al zoning districts. The OSPD District shall be viewed
as an overlay superimposed on land currently zoned Ria and Al. Applicants
interested in open space preservation developments shall be required to
rezone their property from Ria or Al to OSPD as part of the development
application process. Property within the OSPD shall be developed in
compliance with the OSPD regulations and the Elk River Subdivision
Ordinance (Section 1008).
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.
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.
Gross Acres. The total area of a parcel of land including wetlands, hydric
soils, steep slopes, streets, and dedicated easements.
Historic Structure. A structure that is at least 50 years old and in its original
state. The structure shall add to the visual integrity of the landscape.
Horticulture. The cultivation and management of trees, plants, grasses,
vegetables and fruits for sale on site from a wayside stand.
Open Space. A tract of land used for agriculture, natural habitat, walkways
(sidewalks) and pathways and/or neighborhood recreational purposes.
•
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• 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.
b) Attached. Two or more single family dwellings sharing one or
more common wall, each on its won individual lot.
Stable (private). The keeping, breeding, raising and uses 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 primary 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.
USE REGULATIONS
• Permitted uses
1. Open space
2. Conservation easements
3. All uses allowed as a permitted use in the Rla and Al zones.
Accessory Uses
1. All uses allowed as an accessory use in the Rla and Al zones.
Conditional Uses
1. Cooperative gardening
2. Horticulture and Floriculture services
3. Private stables
4. Wayside stand
5. All uses allowed as a conditional use in the Ria and Al zones
DEVELOPMENT STANDARDS
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:
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Memo to the Planning Commission/OA 98-3
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• 1. Land Area
a) A minimum for open space preservation development is 20
acres.
b) A minimum land area of 10 acres shall be preserved open space
and protected by a conservation easement.
c) A minimum of fifty (50%) percent of total buildable land for
development shall be dedicated as preserved open space
protected by a conservation easement. The land not buildable
shall be considered open space and shall be dedicated as
preserved open space protected by a conservation easement.
OPEN SPACE DESIGN AND REQUIREMENTS
1. Conservation Easements shall be placed on all preserved open spaces
as part of an open space development and shall meet the following
criteria:
a) Open space shall be in a contiguous, connected configuration
adjacent to existing natural areas or parks.
b) Open space shall have one owner or owned by a single entity
such as a homeowners association or city.
c) Open space in long narrow corridors in back yards does not
qualify for conservation easements.
2. The land shall be controlled in one or more following manners as
determined at the City's sole discretion:
a) Owned by an individual, homeowner's association, or other legal
entity who will use the land for open space purposes as provided
by permanent conservation restrictions to an acceptable Land
Trust as approved by the City and; or
b) Deeded to the City of Elk River for public purposes with
permanent conservation restrictions to an acceptable Land
Trust.
3. Where applicable, a homeowner's association shall be established to
permanently maintain all residual open space and recreational
facilities. Such homeowner's association management agreements
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• 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.
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 other matter the developer deems appropriate.
4. Open space shall be maintained for the purposes for which it was set
aside. Developers shall provide copies of deed covenants to prospective
purchasers, and conservation easements to the City, describing land
. management practices to be followed by the party or parties
responsible.
5. Preserved open space dedicated as City park shall comply with the
City of Elk River Master Park and Recreation Plan.
DESIGN STANDARDS
1. Dimensional Regulations for principal structures
• a) Minimum Lot Size:
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• i) Individual septic drain-fields on site (backup drain-field
in open space) - 1 acre.
ii) Individual or shared septic drain-field in open space -
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.
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
i e) Street Standards shall comply with the Elk River Subdivision
Ordinance except where the City Council approves alternatives.
2. Lot Design Guidelines
Residential lots shall be designed to achieve 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 on the most suitable soils for sub-surface septic
disposal.
c) Located to preserve woodlands, farmland or other natural
• features or character including places of historic, archeological
or cultural value and their environs.
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d) 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.
e) Views shall be preserved on and off-site to the maximum
possible.
f) Locate neighborhood recreation open spaces such that they; are
an integral part of the neighborhood of the surrounding home
sites, are at an elevation appropriate to their intended
recreational use, have boundaries that are clearly defined, are
accessible to all neighborhood residents.
g) Preserved natural habitat to the maximum possible in a
contiguous, connected configuration. Natural open spaces may
include, but not limited to fields, wetlands, slopes, bluffs, woods,
lakes, ponds, streams, shore lands, and other environmentally
sensitive areas.
h) 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.
i) Septic systems are allowed in a septic easement in the open
space as approved by the City.
j) 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 form fields and pastures.
k) Locate houses and garages such that the garages do not
dominate the streetscape.
DENSITY
1. The base density shall be granted above the "yield plan" by using the
percentage for the underlying zoning district in which the parcels is
• located:
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• R1a- 20%
Al- 100%
2. The base density may be increased if the development complies with
one or more of the following standards. Each standard provides an
additional density increase of 5% over the base density with a
maximum density increase of 20% above the 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.
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.
PROCEDURE
Pre-Application Meeting
Prior to the preparation of preliminary plat, or rezoning, the subdivider or
owner shall meet with the City and/or conservation easement holder in order
to be made fully aware of all ordinances, regulations and plans applicable to
the area to be subdivided. At this time or at subsequent meetings, the
subdivider is encouraged to submit a Concept Subdivision Plan of the
proposed subdivision and preliminary proposals for water supply and waste
disposal. The subdivider is urged to avail itself of the advice and assistance
of the City to expedite review and approval of the preliminary plat.
Required Submittals
1. Rezoning Application, the applicant will be required to rezone their
property to OSPD
2. Resource Inventory
a) Topographic contours at 10 foot intervals, identifying slopes of
• more than 33% with a minimum of 20 feet of run.
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• b) Soil types, and characteristics, such as depth of water table.
c) Complete a vegetation inventory identifying the general cover
types (pasture, woodland, 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.
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.
h) This information may be presented on an aerial photograph at a
scale of no less than 1 inch = 200 feet
3. The proposal for an OSD shall include a "yield plan" showing the
maximum number of dwelling units that would be permitted given the
minimum lot size and lot widths for conventional subdivisions and
other requirements of the City Ordinance. The yield plan need not be
engineered; however, it shall be drawn to scale and shall identify all
the major physical features on the parcel.
4. Concept Subdivision Plan
a) Open space areas indicating which areas are to be protected.
b) Boundaries of areas to be developed and proposed general street
and lot layout.
• c) Number of housing units proposed.
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• d) Areas proposed for storm water management and on or off site
sewage treatment.
e) Plans to be prepared at the scale of 1 inch = 100 feet
5. Homeowner's Association Documents including bylaws, deed
restrictions, covenants, and proposed conservation easements
(prepared by land trust if they are the holder.)
6. The management (replacement and repair) plan of collector sewage
treatment systems as approved by the City. The plan should clearly
identify the following:
a) The ownership of the shared system
b) An assignment of responsibility for the management and
payment of the shared system
c) An annual schedule for maintenance, inspection and monitoring
of the shared system
• d) A contingency plan in the event of failure of the shared system
e) A provision describing how the sewage treatment will be
protected from vehicles, animals, humans and other risks;
f) The name and license number of the system's designer;
7. Meet with a qualified land trust as approved by the to discuss details
of the project, conservation easement requirements and fees and to
visit the development site.
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,
IIincluding creeks, streams, springs, lakes and ponds by maintaining or
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410
creating an adjacent upland buffer of native vegetation of at least 100
feet in depth.
2. Preserves and maintains existing hedgerows, mature woodlands or
existing fields, (pastures and meadows) and creates sufficient buffer
areas to minimize conflicts between residential and agricultural uses.
3. Minimizes development fronting onto existing corridor rural 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 reasonably contiguous. Fragmentation of
open space should be minimized so that resources are not divided into
numerous small parcels located in various parts of the development. To
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• the greatest extent practicable, this land 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
c) Open space protected by a conservation easement is a minimum
land area of 10 acres
d) There are no back yard / corridor easements
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
h) Fits with the City of Elk River Comprehensive Plan
•
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