Item 5, 6 e-c,/
Item # 5.
•
City of
Elk Ri•
ver MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Plann
DATE: December 12, 2000
SUBJECT: Cluster Ordinance
It been about 1 year since the City adopted the cluster ordinance. Since its
adoption we have approved four cluster developments: Windsor Park, Rolling
Hills, Whitetail Ridge and Meadowwoods Village. Preliminary application for a
fifth development, Ridges at Rice Lake, is likely to be submitted this winter. With
each new development, staff, the City Council and the Planning Commission
have noted or commented on sections of the ordinance that could be fine-tuned.
1111
Over the next month or two we would like to amend the cluster ordinance to
address the various concerns raised by the Council, Commission and staff.
At Tuesday's meeting we will be discussing staff and Council concerns regarding
the ordinance, and would like to hear the Commission's thoughts on fine tuning
the ordinance. Staff and Council comments include the following:
• Leap frog development—the cluster ordinance seems to be encouraging
development of agricultural property at the far corners of the City. The
density bonus for the agricultural district may be too high.
• Quality of open space —the quality of the preserved open space is lower
than what was anticipated. The ordinance could be adjusted so that higher
quality usable open space is preserved. One option might be to include a
certain percentage of"buildable area" as part of the preserved open
space; another option would be to include portions of the shoreline
ordinance's section on design criteria for PUDs.
• The ordinance should include a clear mechanism for the City to say "no,
this property is not suitable for cluster development".
• Accessory structures on open space —When open space is left as outlots,
• which is how open space is currently being platted, building permits can
not be issued for those lots. Platting open space as a lot would allow the
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763) 441-7425
Memo to Planning Commission/Cluster Ordinance Page 2
December 12,2000
homeowners association to pull building permits for the construction of
• accessory structures, if the covenants and deed restrictions allow.
• We need to better define the term "architectural theme". Should it include
items such as landscaping, signage, lighting and accessory structures.
Design standards, similar to those approved as part of a PUD, could also
be used.
• Tracking the building permits for cluster developments is difficult. Many of
cluster developments have their own unique architectural theme or design
guidelines for the homes. There is currently no mechanism in place to
follow up to see if the houses comply with the architectural theme of each
development. If cluster developments were platted as a PUD, that
designation would prompt whoever is reviewing the building permit to
check the PUD agreement to see if the house plans comply with the
development standards.
• Deed Restrictions — Discuss the possibility of eliminating the conservation
easement option. To date only one developer has utilized this option.
There have also been delays associated with reviewing the easements
created by the need for the City Attorney, the developer and the land trust
to review and approve the easement.
111 • In order to give developments a more pedestrian feel, front yard setbacks
could be reduced to 20 feet.
•
S:\PLANNING\SCOTT\PCWS1212.DOC
SHORELINE ORDINANCE PUD OPEN SPACE DESIGN CRITERIA
Density evaluation tiers Maximum density increase
• within each tier (percent)
First 50
Second 100
Third 200
Fourth 200
Fifth 200
iii. Allowable densities may be transferred from any
tier to any other tier further from the shoreland lake
or river, but shall not be transferred to any other
tier closer.
B. The design criteria are:
i . All residential planned unit developments shall
contain at least five dwelling units or sites.
ii. Residential planned unit developments shall
contain open space meeting all of the following
criteria:
a. At least 50 percent of the total project
• area shall be preserved as open space.
b. Dwelling units or sites, road
rights-of-way, or land covered by road surfaces,
parking areas, or structures, except
water-oriented accessory structures or facilities,
are developed areas and shall not be included in
the computation of minimum open space.
c. Open space shall include areas with
physical characteristics unsuitable for
development in their natural state, and areas
containing significant historic sites or unplatted
cemeteries .
d. Open space may include outdoor recreational
facilities for use by owners of the dwelling units
or sites, or the public.
e . The shore impact zone, based on normal
structure setbacks, shall be included as open
space . At least 50 percent of the shore impact
zone area of existing developments or at least 70
• percent of the shore impact zone area of new
9.215
developments shall be preserved in their natural
• or existing state .
f. Open space shall not include Commercial
facilities or uses, but may contain water-oriented
accessory structures or facilities .
g. The appearance of open space areas
including topography, vegetation, and allowable
uses, shall be preserved by use of restrictive
deed covenants, permanent easements, public
dedication and acceptance, or other equally
effective and permanent means .
h. Open space may include subsurface sewage
treatment systems if the use of the space is
restricted to avoid adverse impacts on the
systems.
iii. Centralization and design of facilities and
structures shall be done according to the following
standards.
a. Residential planned unit developments shall
• be connected to publicly owned water supply and
sewer systems, if available . On-site water
supply and sewage treatment systems shall be
centralized and designed and installed to meet or
exceed applicable standards or rules of the
Minnesota Department of Health and Sections
904 .08 (2) and 904 .08 (8) . On-site sewage treatment
systems shall be located on the most suitable
areas of the development, and sufficient lawn area
free of limiting factors shall be provided for a
replacement soil treatment system for each sewage
system.
b. Dwelling units or sites shall be clustered
into one or.more groups and located on suitable
areas of the development. They shall be designed
and located to meet or exceed the following
dimensional standards for the relevant shoreland
classification: setback from the ordinary high
water level, elevation above the surface water
features, and maximum height. Setbacks from the
ordinary high water level shall be increased for
developments with density increases . Maximum
• density increases may only be allowed if structure
setbacks from the ordinary high water level are
9.216
ITEM 6.
• A PLANNING COMMISSIONER'S CREED
As a member of the City of Elk River Planning Commission who is vitally interested in
building and maintaining a viable community in which to live, work, and play, I hereby
resolve to:
• Support and defend the Constitution of the United States of America and the
Constitution of the State of Minnesota.
• Uphold the laws of the United States of America and those of the State of
Minnesota.
• Concern myself with the advancement of the public interest in all matters that come
before me.
• Place the competence and effectiveness of service to the public above all Interests
of persons,factions or parties.
• Endeavor, through diligent attendance, to represent the best interest of the
• community as a whole as I have been appointed to do.
• Seek to assimilate all pertinent information on matters before the Planning
Commission prior to committing myself to an irrevocable judgment or decision.
• Prepare myself for all items scheduled for presentation to the Planning
Commission.
• Comply with the State of Minnesota Open Meeting Law, and the State of Minnesota
and City of Elk River Conflict of Interest Ordinances.
• Work with professional staff of the Planning Commission and other persons to
achieve the most desirable results with regard to the planning or zoning process and
established community development policies.
• Conduct myself in my contacts with other persons and groups In a manner keeping
the trust and dignity in my position as a servant of the people and of my community.
I shall further take care to guard not only the factual principles but also the
appearance of justice and Integrity.
•
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