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ty of ,1 MEMORANDUM
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ver TO: Planning Commission
FROM: Stephen Wensman, Planner 1k]
DATE: November 24, 1998
SUBJECT: Request by the City of Elk River
for an Ordinance Amendment,
Public Hearing Case No. OA 98-3
Request
The City of Elk River requests an ordinance amendment to allow open space
development (clustering) in the Rla and Al zoning districts
Overview
There has been significant interest by developers and residence to allow
opens space subdivision development (clustering) in the rural areas of Elk
•
River. Staff has been directed by the Planning Commission to research and
prepare an appropriate ordinance.
Staff has researched clustering ordinances from a variety of communities
including Sherburne and Washington Counties, and Lake Elmo. Staff has
consulted with several developers and the Minnesota Land Trust and the
Park and Recreation Commission and incorporated many of their comments
into the proposed ordinance.
Attachments
• Open Space Ordinance
• Comprehensive Plan, Residential Plan, December 18,1995
• Comparisons by Municipality
Comprehensive Plan
According to The Comprehensive Plan, it is a goal to:
encourage the development of a quality residential community which
retains a semi-rural atmosphere while accommodating growing
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612) 441-7425
• housing needs...by encouraging cluster developments in residential
areas particularly in the Al and Rla zoning districts.
A Steering Committee made some cluster subdivision recommendations,
however, the Planning Commission requested further study of the
appropriate standards for clustering to be included in an ordinance.
Park and Recreation Comments
The Park and Recreation Commission made clear that they did not want the
dedicated preserved open space to be in lieu of park dedication requirements.
As written, OSD's will be required to give cash or land as part of the park
dedication requirements at the time of final plat.
Zoning/Legal Issues
Staff has not yet received comments from the City Attorney
The open space development (OSD) ordinance was originally written to
permit clustering in the Rla (Rural Residential District) and Al(Agricultural
Conservation) zones if the development meets the minimum requirements, or
as a conditional use if it does not. The ordinance is intended to be a section of
• our overall zoning ordinance much like the subdivision ordinance. Also, the
OSD ordinance references our current subdivision ordinance. Since the
original draft some issues remain unresolved as follows:
• How does the ordinance fit into our zoning code?
• How will the setback/general requirements be differentiated from those of
the Rla and Al zoning?
• Should an overlay district be created with setback/general requirements
predetermined, or negotiated as in a PUD agreement?
• How can we reference the subdivision ordinance for some requirements
and not for others?
Other Issues
• Should the Minnesota Land Trust maintain the conservation easements,
who else might hold them and the consequences?
• Is a conditional use permit an adequate means to provide flexibility to
developers who cannot meet the minimum standards of the OSD
Ordinance?
• Should the city preserve woodlands over farmlands, or let the developer or
landowner determine what should be preserved?
• • Should we allow flexibility in road standards and setback/general
requirements to encourage creativity, or should they be
predetermined as in zoning districts.
• Is the proposed 20% base density bonus appropriate?
• Is the maximum 40% density bonus appropriate?
• Are the standards that allow increased density appropriate?
City Resource Inventory
St. Cloud has written a draft of The Environmentally Sensitive Areas
Ordinance in order to protect ESA's. Similarly, Elk River could develop its
own inventory of lands suitable for open space development and try to map
out environmentally sensitive areas or other site features worthy of
preserving within the City. This inventory could reinforce the OSD
ordinance by providing developers encouragement to use OSD to preserve
environmentally sensitive and unique site features in the City.
Sherburne County Planning Commission
On November 19th, the Sherburne County Planning Commission
recommended an ordinance amendment to allow cluster plats. The County
Commissioners will review the document on December 3, 1998.
•
Recommendation
Staff recommends that the Planning Commission review this draft of the
proposed ordinance so that staff can incorporate comments for a formal
presentation of the document at the December 3, 1998 Planning Commission
Meeting.
•
• Open Space Development Ordinance
City of Elk River
Sherburne County, Minnesota
PURPOSE.
The purpose of open space development 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 consistent with the goals of the City's Comprehensive
Plan.
OBJECTIVES:
1. Permanent preservation of contiguous common open spaces for 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.
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.
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.
APPLICABILITY
1. Open Space Developments shall be a permitted use in the Ria and Al
zoning districts. Those developments that do not meet the minimum
requirements for open space development may be allowed as a
conditional use.
2. The open space development design standards are an alternative set of
standards from those in the Rla and Al zoning districts. Otherwise,
the subdivision shall comply with the regulations of the "Subdivision
Ordinance of the City of Elk River" (Section 1008). Or, the City
Council may establish varied and reasonable lot size, frontage, setback
and other design standards for an open space development if
determined to be appropriate under the circumstances and in keeping
with the maintenance of public health, safety and welfare.
3. Open Space Developments shall comply with the following minimum
standards:
a) A minimum for open space 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.
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
4110 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
shall be established prior to the sale of any lots. Homeowner's
association management agreements shall include the following:
a) the 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) the 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.
• j) 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.
k) 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
a) Minimum Lot Size:
i) Individual septic drainfields on site (backup drainfield in
open space) - 1 acre.
ii) Individual or shared septic drainfield in openspace - 1/2
acre.
b) Building Setbacks
•
i) Front - 30 feet
ii) Side - 10 feet
iii) Rear- 20 feet
c) Maximum Lot Coverage - 25%
d) Maximum Building Height - 3 floors or 40 feet
e) Street Standards
i) Right-of-way widths shall be wide enough to provide for
all public services, including roadway drainage, trails and
walkways, utilities and snow storage.
ii) The minimum road width (face to face) shall be:
a) Two-way with parking on two sides -
IIb) Two-way with parking on one side -
• c) One-way with parking on two sides -
d) One-way with parking on one side-
2. Lot Design
a) Residential lots shall be designed to achieve the following
objectives:
i) Located on the most suitable soils for sub-surface septic
disposal.
ii) Located to preserve woodlands, farmland or other natural
features or character including places of historic,
archeological or cultural value and their environs
iii) Oriented around a central focal point such as:
a) A central green or square
b) A physical amenity such as a meadow, stand of
trees, a stream or water body, or some other
• natural feature.
c) A street with a boulevard planted with shade trees
and a central parkway or median at least 25 feet
wide.
iv) Located such that at least 75% of the lots within a
neighborhood abut open space on at least one side. A
local street may separate lots from open space.
v) Lots should be clustered with 4-8 homes with a maximum
of 15 per cluster to maintain a rural open character.
vi) Preserved views on and off site shall be to the maximum
possible.
vii) 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.
• viii) 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.
ix) Connect individual home sites with pedestrian corridors
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' in
width and buffered from view of adjacent properties.
x) Septic systems allowed in a septic easement in the open
space as approved by the City.
xi) Buffer residential properties from incompatible uses with
buffer zones of at least (100) 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.
•
xii) Locate houses and garages such that the garages do not
dominate the streetscape.
DENSITY
1. The base density shall be granted at 20% above the "yield plan" for the
parcel.
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 40%.
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) Utilize a constructed wetlands wastewater septic system, or
other approved collector sewage treatment systems
with a management (replacement and repair) plan.
e) Reusing existing buildings and structures or preserving specific
site features inventoried by the County, City, or State Historical
Preservation Office.
PROCEDURE
1. The open space development design standards are an alternative set of
standards from those in the Rla and Al zoning districts. Otherwise,
the subdivision shall comply with the regulations of the "Subdivision
Ordinance of the City of Elk River" (Section 1008). Or, the City
Council may establish varied and reasonable lot size, frontage, setback
and other design standards for an open space development if
determined to be appropriate under the circumstances and in keeping
with the maintenance of public health, safety and welfare.
2. Other submittals
a) Resource Inventory
i) Topographic contours at 10 foot intervals, identifying
slopes of more than 33% with a minimum of 20 feet
of run.
ii) Soil types, and characteristics, such as depth of water
table.
iii) 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.
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.
viii) This information may be presented on an aerial
photograph at a scale of no less than 1 inch = 200 feet
b) 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.
c) Concept Subdivision Plan
i) Open space areas indicating which areas are to be
protected.
ii) Boundaries of areas to be developed and proposed general
street and lot layout.
iii) Number of housing units proposed.
iv) Areas proposed for storm water management and on or off
site sewage treatment.
v) Plans to be prepared at the scale of 1 inch = 100 feet
d) Homeowner's Association Documents including bylaws, deed
restrictions, covenants, and proposed conservation easements
(prepared by land trust if they are the holder.)
•
• e) 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
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;
f) 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
1. 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:
a) 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 native
vegetation of at least 100 feet in depth.
b) 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.
• c) 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.
d) Leaves scenic views and vistas unblocked or uninterrupted,
particularly as seen from public roads..
e) Avoids new construction on ridges by taking advantage of lower
topographic features.
f) 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.
g) Designs around and preserves sites of historic, archeological or
cultural value and their environs, insofar as needed to safeguard
the character of the feature.
h) 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.
i) Provides active recreational areas in suitable locations offering
convenient access by residents, and adequately screened from
nearby residents.
j) 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).
k) 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 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
III 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.
1) Meets qualified Land Trust criteria and protection objectives:
i) Open space is in contiguous blocks
ii) Open space is adjacent to existing natural areas or parks
iii) Open space protected by a conservation easement is a
minimum land area of 10 acres
iv) There are no back yard / corridor easements
v) Natural features of the site preserved.
vi) Native plants are incorporated into the plans
vii) The recreation or intended use for the open space is
identified
•
viii) Fits with the City of Elk River Comprehensive Plan
s
COMPREHENSIVE PLAN
IV. RESIDENTIAL PLAN
•A. INTRODUCTION
As the metropolitan area continues to grow, Elk River will be faced with a demand for residential !I
development. The City recognizes these development pressures and is poised to provide a
variety of residential housing opportunities. Most importantly, orderly development will enhance
the opportunity for cost effective extensions of municipal services.
B. GOALS AND POLICIES
The following is a summary of the City's goals and objectives as they relate to residential
development.
1. GOAL: Encourage the development of a quality residential community which retains a
semi-rural atmosphere while accommodating growing housing needs. I;
POLICIES:
• Guide the type and location of development to achieve an orderly development
pattern consistent with the semi-rural character of the community.
• Continue the low-density residential development pattern through the use of open
space areas and the designation of buffer areas between non-compatible land
uses.
• • Encourage a mix in housing opportunities in terms of costs and size while
encouraging a high degree of architectural and site planning integrity.
• Provide for, in appropriate circumstances, a Planned Unit Development (PUD)
approach which, through the use of varying site design standards, allows for creative
residential development balancing the desires of the city and development
community.
• Encourage "cluster developments" in residential areas particularly in the A-1 and R la
zoning districts.
• Develop a policy where townhomes are an appropriate land use.
• Residential Housing standards should be reviewed regularly to ensure neighborhoods
maintain integrity and avoid deteriorating market value.
2. GOAL: Ensure that residential developments provide adequate facilities to maintain an
efficient level of service.
POLICIES:
• Adhere to an assessment policy for the extension of water and sewer lines to
accommodate new development. The policy shall provide for equitable assessment
of the improvement costs while protecting the City's taxpayers and financial
• commitment.
12
• The Planning Commission consider changing the rear setback requirement in all .
• residential zoning districts from the existing ten (10) foot requirement to twenty-five
(25) feet.
Another housing opportunity that may need to be provided for is within the downtown. The
downtown commercial zone should be an area where creative housing opportunities are
offered. This residential influence will diversify the land uses in the downtown and add to its
vitality.
Although much of the housing within the urban service area is new the city will have to develop
programs to maintain the integrity of its existing housing stock. This is particularly important for
the multi-family and other rental units in the community. The deterioration of these units can
have serious effects on surrounding neighbors, public health and public safety concerns. A
rental inspection program of multi-family units would address the concerns previously
mentioned.
Residential development in Zone 2, will be guided to a minimum density of one housing unit per
two and a half acres. This area is currently not planned to be served with municipal services.
However, the City may amend its Comprehensive Plan in the future to have municipal water
and sewer extended to serve portions or all of this area. If these services and their related costs
are extended through the area many landowners may want to further subdivide their land.
Therefore, the City should encourage overlay plats illustrating future development potential.
Zone 2 can be considered the transition zone between the urban service area and the
agricultural zone. This zone offers the semi-rural flavor with lot sizes varying from 21/2 acres up to
80 acres or more. To preserve this semi-rural character, cluster development will be
encouraged. It has been recommended by the Steering Committee that cluster development
e Rio include a minimum lot size of one acre and require fifty percent (50%) of developable
be forever preserved using conservation easement, land trust or other mechanism.
Zone 3, the northern third of the City, is to be regulated so as to provide for large lot, rural
housing and agricultural land uses. Single family lots can be subdivided from larger parcels to a
development density of one unit per ten acres. Maintaining the larger lot size will protect
agricultural lands from development pressure and preserve the rural character of Elk River.
Cluster development will also be encouraged within this residential area.The Steering
Committee has recommended an increase in density when clustering of units is utilized. The
density may be increased to a maximum of 8 lots on 40 acres with a minimum lot size of one
acre, with the following conditions:
1) That fifty percent (50%) of the land is forever utilized as open space through the
use of a land trust, conservation district, or other mechanism.
2) Unusable land shall be discounted when determining the density of the
undevelopable portion of the land.
The Planning Commission concurred with the Steering Committee's recommendation to utilize
cluster development; however, did not include a specific recommendation as the Steering
Committee had. The Planning Commission would like to research further the benefits of
clustering and study the appropriate standards for clustering that can be included as part of an
ordinance.
•
16
Comparison by Municipality •
City of Elk Sherburne Washington County Lake Elmo
River County
Mechanism for uncertain, permitted Permitted use in gen. Permitted with conditional use/ Manditory in overlay district
OSD in Al and Ria Rural CUP in Ag. special design standards
and Urban expansion
Open space 50%of buildable 50%of the gross area 60%of gross acreage of which 50% of buildable
requirement including roads etc. max of 50%wet or sloped
Preservation Conservation Conservation Conservation easement to land Conservation easement to
mechanism easement to land easement dedicated trust or other similar county land trust or City
trust approved by to a land trust or other approved org.
the City similar accepted by
County
Minimum lot size not specified 1 acre 0.5 acre w/off-site septic 0.5 acre w/off-site septic
.75 w/on-site septic 1 acre w/on-site septic
Building not specified ? Front- 30' Front-30'
setbacks Side- 15' Side - 15' or 10%of lot width
Rear-30' Rear-30'
Road widths - not specified ? Two way - 18-24' Two way -26'
minimums One way - 11-13' One way- 14'
Shoulder-2-4' 22' if homes on one side
Urban - 13'with curb and gutter
Density bonuses 20% base up to 2.5 acre min to a 2.5 in Ag 100% base up to 120% in Base 6 units/20 gross acres
40% acre density Rural Res. 25% base up to 45% up to 10 units/20 acres
Park dedication References May satisfy park min. 7% open space for
subdividion ord. dedication if fits open parks
space plan and will be
counted as part of
50%