5.5 Item#5.5.
of MEMORANDUM
Elk •
River TO: Planning Commission
FROM: Stephen Wensman, Planner
DATE: September 28, 1999
SUBJECT: Cluster Ordinance
Request
The City of Elk River requests that the Planning Commission review the
proposed Ordinance Amendment to create an Open Space Preservation
Development Overlay District and Regulations.
Attachments
• Draft of the Open Space Preservation Development Ordinance
• Overview
The Cluster Ordinance was last before the Planning Commission on March
23,1999. Since that time significant changes to the ordinance have been
made that warrant further review by the Commission. The changes are as
follows:
1. Clustering as a permitted use in the Rla and Al zoning districts
rather than as an overlay district.
2. Park dedication fee requirements are 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.
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...).
From reactions to the proposed ordinance, there appears to be three primary
unresolved issues that should be addressed by the Commission. The issues
• are as follows:
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
September 28, 1999
Page 2
• 1. Park Dedication - Sherburne County presently waives park dedication
fees if a developer clusters housing and preserves 50% of the land as
open space with a conservation easement. Open space in any form can
arguably be a public benefit, however the issue is whether it is a
benefit to park and recreation? Is waiving the park fee is an
appropriate incentive to encourage cluster development. Is private
open space a benefit to park and recreation if the open space and trails
connect to public parks and trails and are open to the public?
2. Conservation Easements - Should conservation easements be held by a
land trust, such as the Minnesota Land Trust, or held by a
homeowners association? Can a homeowners association be trusted to
enforce land use regulations on its own members? The Minnesota
Land Trust inspects its conservation easements on a yearly basis for
land use violations and has a legal mechanism to enforce conformance
with the easement rules.
3. Septic Systems - The Commission recently approved the Preserve
Estates plat with individual septic systems on one acre lots that
conforms to the proposed cluster ordinance. The Commission appeared
to be nearly unanimous in its wishes for clustered septic systems in
that particular plat. Does the Commission wish to remove the option
• for individual septic systems from the cluster ordinance or change the
lot size requirement for individual septic systems? Does a requirement
for community septic systems then become a disincentive to cluster?
The City Attorney has not yet provided a review of the proposed ordinance to
determine how it might best fit into the City Ordinance.
Recommendation
Staff recommends that the Planning Commission review the changes to, and
recommend approval of the Open Space Preservation Development Ordinance
•
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•
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
• xvi . Horticulture and floriculture services
xvii . Private stables
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• 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.
•
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• 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.
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.
III 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)
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.
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4110 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 :
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:
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• 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 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)
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• 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
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.
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• 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.
f) 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 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
11111 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 proposed change in the articles of association or incorporation
• shall require the prior written approval of the City.
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• 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.
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
1111 ii) A physical amenity such as a meadow, stand of trees, a stream
or water body, or some other natural feature.
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• 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.
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
III preserved open space, provided that the land is owned by the
homeowner's association, is suitable for septic systems, is not in a
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• 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:
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%
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• 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 native vegetation of at least 100 feet in depth.
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.
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• 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
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
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• 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
•
•
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