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Item 10 Item # 1n_ ,ik River 13065 Orono Parkway Elk River,MN 55330 MEMORANDUM TO: Planning Commissi n FROM: Michele McPherso , Director of Planning DATE: August 14, 2001 SUBJECT: Discuss Draft Townhome Ordinance Attachments • Townhome Ordinance Draft Version 1 • August 3, 2001 letter from John Oliver & Associates • • August 7, 2001 letter from D.R. Horton and their attached comments The Commission has received previously a copy of the first version of the draft townhome ordinance for comment. To date, staff has not received any comments from the Commission. It is staff's intent that after the public hearing items on the August 14th meeting,we will take an opportunity to review both the draft ordinance and the comments received to date from John Oliver and D.R. Horton. The ordinance was also sent several realtors, as well as Horst Graser of Gold Nugget Development for their comments. Please be prepared to discuss the draft ordinance and provide further direction to staff. • Phone:763.441.7420 Fax:763.441.7425 S:\PLANNING\MICHMC\PLREPRTS\TownhomeOrd.doc www.ci.elk-nver.mn.us R-3.Townhome District • Statement of Purpose: The purpose of the R3,Townhome District is to accommodate a variety of housing types,including single family detached, single family semi-detached, duplex and townhouse dwellings, at low to moderate residential densities (approximately 11 units per acre or less). This district is also intended to function as a transition between the less intense single family district and more intense multi- family districts. Certain other structures and uses necessary to serve governmental, educational, religious,recreational, and other needs of neighborhoods are allowed as permitted or conditional uses subject to restrictions intended to preserve and protect the residential character of the district. A. Permitted Uses i. Single Family Dwellings ii. Two Family Dwellings iii. Three Family Dwellings iv. Townhomes (four or more units),with no more than six (6) dwellings per structure if in a row or no more than eight (8) dwellings per structure if back-to-back v. Model homes in compliance with Section vi. Licensed daycare facilities for sixteen (16) or fewer children • vii. Public parks,playgrounds and open space B. Accessory Uses i. Public shelters and essential services ii. Garages and sheds iii. Private recreational facilities C. Conditional Uses i. Licensed daycare facilities for seventeen (17) or more children ii. Governmental offices iii. Governmental buildings and facilities iv. Institutional uses v. Conditional home occupations in single-family dwellings D. Development Standards (Lot Area. Setbacks, Density, Open Space) i. Single Family Dwellings: a. Lot Area: 12,000 square feet IIII Townhome Ordinance Version I July 26,2001 Page 2 11 • b. Lot Width: Interior: 80 feet Corner: 100 feet c. Setbacks,Dwelling: Front: 30 feet Side: 10 feet living area, 5 feet garage Rear: 30 feet d. Setbacks,Accessory: Front: 30 feet Side: 5 feet Rear: 10 feet ii. Two Family Dwellings: a. Lot Area: 6,000 square feet b. Lot Width: 60 feet c. Setbacks,Dwelling. • Front: 30 feet Side: 10 feet Rear: 10 feet d. Setbacks,Accessory: Front: 30 feet Side: 5 feet Rear: 5 feet iii. Three Family, Four-plex (quadraminium),Townhome, or Condominium Dwellings: a. Lot Area: 20,000 square feet for three family or four-plex dwellings Townhome or condominium unit lots shall have sufficient area to include living area (including bay or bow windows), garage, deck(s),patio(s), or porches of the individual dwelling units. b. Lot Width: Base lot width: 100 feet Townhome or Condominium Unit: 28 feet c. Setbacks,Yard: • 30 feet at the periphery of the development parcel For yards bordering major collector or arterial streets, an additional 20 feet of setback is required to provide a landscaped buffer yard Townhome Ordinance Version I July 26,2001 Page 3 d. Setbacks,Building: • Setbacks between buildings shall be 25 feet or one-half(1/2) the sum of the building heights of the two (2) adjoining buildings,whichever is greater Buildings shall be setback a minimum of thirty (30) feet from the back of curb line of private drives,guest parking areas and public rights-of-way. iv. Density: The maximum development density within the R3 District will be based on the net build able area for either a two family dwelling, three family dwelling, four-plex, quadraminium, town home,or a condominium subdivision exclusive of public street rights-of-way,wetlands,major drainage ways as defined by the Comprehensive Storm Water Management Plan,water bodies and slopes steeper than three to one (3:1) slope ratio. The following lot areas per unit standards shall determine the maximum development density: Two Family Dwellings,Three Family Dwellings, Four Family Dwellings, Quadraminuims,Town homes: Five thousand (5,000) square feet per unit. • v. Open Space Requirements In addition to the park dedication requirements stipulated by the City's Subdivision Ordinance, a minimum of ten (10) percent of the gross development project area shall be in useable open space and recreational use for the project residents. Such areas shall be specifically designed for both the active and passive use by the exercise equipment, saunas, etc. Said areas and facilities shall be private,except in those cases where the City agrees to assume responsibility for all or a portion of the recreational space. In those cases where private ownership in maintained, the land and facilities shall be subject to the requirement of common areas as detailed in Section 11-58-19 of this Title. E. Building Design and Construction Standards: i. Unit Width: The minimum width of a dwelling unit within the R3 District shall be twenty-eight (28) feet. ii. Unit Construction: a. Building elevations and floor plans shall be furnished with subdivision requests illustrating exterior building material and colors to demonstrate compliance with of this Title. Building floor plans shall identify the interior storage space within each unit. III Townhome Ordinance Version 1 July 26,2001 Page 4 b. Buildings shall be designed to prevent the appearance of straight,unbroken lines in their horizontal and vertical surface. Their shall be no more than two (2) continuous townhouse dwelling units without a break in the horizontal and vertical elevations of at least three (3) feet. c. Provision shall be made for possible decks,porches or additions as part of the initial dwelling unit building plans. The unit lot shall be configured and sized to include decks or porches. d. In case of a gable roof,a minimum eighteen (18) inch overhang, soffit shall be required for all residential structures. d. The exterior of town home dwelling units shall include a variation in building materials,which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. The preferred materials are: brick, stucco, stone, dutch lap vinyl siding and fiber-cement siding In addition, town home dwelling structures shall comply with the following requirements: 1) A minimum of twenty-five (25) percent of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. • 2) Except for brick, stucco, and/or natural or artificial stone,no single building facade shall have more than seventy-five (75) percent of one type of exterior finish. 3) Except for brick, stucco,and/or natural or artificial stone,no town home dwelling structure shall have more than sixty (60) percent of all building facades of one type of exterior finish. 4) For the purpose of this section, the area of the building facade shall not include area devoted to window, entrance doors,garage doors,or roof areas. iii. Garages: a. Each dwelling unit shall include an attached garage. b. Garages shall comply with the following minimum size standards: 1) For dwellings with basements: Four hundred eighty four (484) square feet. 2) For dwellings without basements: Five hundred eighty four (584) square feet. • 3) Garages shall be a minimum of twenty (22) feet in width. iv. Storm Shelter: Townhome Ordinance Version I July 26,2001 Page 5 In cases where dwelling units are constructed slab on-grade, provisions shall be made to • provide for storm protection either internally to the unit or in a separate storm shelter structure. Compliance with this requirement shall be based upon Federal Emergency Management Agency (FEMA) guidelines and standards,which are on file with the City Building Official. v. Outside Storage: Outside storage shall be allowed only in designated areas that are screened in and under the ownership of the property owners association subject to other applicable provisions of this Title. F. Parking,Vehicular and Pedestrian Circulation i. Resident Parking: Resident parking shall be provided at one space per bedroom. Resident parking may occur in the garage or in the driveway of individual units. ii. Guest Parking: At minimum, one half(1/2) guest parking spaces per unit shall be provided in an off- street parking lot or private drive. The design of the off-street parking lot shall conform • to requirements of Chapter 19 of this Title. iii. Streets: All streets shall be public and shall comply with the design standards and specifications as governed by the City's Subdivision Ordinance, except that the required right-of-way may be reduced to fifty (50) feet and the required street width reduced to twenty-eight (28) feet (back of curb to back of curb) by conditional use permit. iv. Drives: a. Deadend private driveways shall serve a maximum of two (2) structures or six (6) units per side. b. Private drives shall be under the ownership and control of the property owners association who shall be responsible for the maintenance,repair, and replacement of surfacing. Said association shall maintain a capital improvement program for the driveways under its ownership. c. Provisions for adequate turnaround shall be made at the terminus of all private drives. d. Private drives must include plans and areas for snow storage. • Townhome Ordinance Version I July 26,2001 Page 6 • e. Private drives shall be a minimum of twenty-eight (28) feet in width (back of curb to back of curb.) v. Sidewalks: A five (5) foot sidewalk shall be provided on one side of the public street. G. Landscaping/Screening/Lighting: A detailed landscaping and lighting plan shall be provided and implemented pursuant to Section of this Title. Said landscaping and screening shall address the following: i. All open areas of the development project which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of over story trees,under story trees, shrubs, flowers, and ground cover materials. The plan for landscaping shall include ground cover,bushes, shrubbery, trees, sculpture, foundations, decorative walks or other similar site design features or materials. The landscape plan shall include detailed foundation plantings for areas adjacent to buildings,walks, etc. In addition to the trees required by Section 1008 of the Elk River City Code, the following is required: • a. A minimum of five (5) shrubs for each dwelling unit and a minimum of one (1) tree per dwelling unit. ii. Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure. iii. Buffer yard landscaping for yards bordering major collector and arterial streets. Buffer yard landscaping shall include berming and the use of coniferous trees. iv. Screening of guest parking areas. v. All boulevards shall be sodded. Prior to sodding, the developer shall provide three (3) inches of pulverized and screened black dirt. The areas to be sodded shall be fine graded and rocks, trash,or other debris shall be removed. vi. Screening of designated outdoor storage areas. vii. All landscaped areas,including on-site traffic islands and all public rights-of-way adjacent to the property (where access is allowed by the governmental jurisdiction), shall have an in-ground irrigation system with an automatic controller. H. Transition Requirements: 1111 Any R3 zoned property abutting an R1,R2, or residential PUD District shall have a minimum of one (1) tier of single family detached, two family dwelling lots,or detached Townhome Ordinance Version I July 26,2001 11 Page 7 town homes bordering such a district. Exemptions to the provisions of this Section may be • granted,provided one or more of the following conditions exist: i. The properties are separated by a major collector or arterial street. ii. The abutting land use is a non-residential use is allowed in the district in which it is located. iii. The properties are separated by a railroad right-of-way,wetland,water body, floodplain, public open space,park or other such similar publicly reserved and development restricted area with a minimum width of one hundred (100) feet across its entire length. Utilities: i. All utilities serving an R3 subdivision,including telephone, electricity,gas and telecable shall be installed underground. ii. Separate public utility services shall be provided to each unit unless exempted by the City Engineer. iii. Water connection: Individual unit shut off valves shall be provided. iv. Sewer connection: Where more than one unit is served by a sanitary sewer service, all • maintenance and cleaning shall be the responsibility of the property owners association or owners. v. Unit utility connections shall be located in the side or rear of the unit whenever possible and shall be screened. Unit utility connections in the front of units shall be screened by a structure that is integrally designed as part of the unit. J. Common Areas: The following minimum requirements shall be observed in the R3 District governing common areas: i. Ownership: All common areas within an R3 development including, but not limited to, open space, wetlands,greenways, drainage ponds, driveways,private drives,parking areas,play areas, etc. shall be owned in one of the following manners: a. Condominium ownership pursuant to Minnesota Statutes 515A1-106. b. Twin home,quadreminium and town home subdivision common areas shall be owned by the owners of each unit lot,with each owner of a unit having an equal and undivided interest in the common area. • ii. Home Owners Association: ill Townhome Ordinance Version 1 July 26,2001 Page 8 A home owners association shall be established for all quadraminium, three and four- plex multiple family and town home developments within the RM-1 District, subject to review and approval of the City Attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications,landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development. • 0 AUG Q 6John Oliver &Associates Inc. Civil Engineering 580 Dodge Avenue,Elk River,MN 55330 Land Surveying (763)441-2072 •Fax(763)441-5665 • Land Planning eriver@joliverassoc.com August 3, 2001 Michele McPherson City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: Draft of the Townhome Ordinance Dear Michele: Thank you for the opportunity to read your proposed ordinance. The document looks great but there are a few items that I need to comment on and they are as follows: A.iv. Is there another section that covers multi-story condominiums? C.i. Seventeen kids sounds like quite a few for a townhome daycare center. • D.i.a. How large a lot does a detached townhome need? D.iii.a. Most townhome ordinances have this 20,000 square foot number. Most communities ignore this measure an handle the development as a P.U.D. I have always thought this was an inappropriate measure for a townhome and appropriate measure for a condominium exceeding four units. D.iii.b. Lot width of 28 feet. This means that an internal unit in a row or back-to-back townhome must be 28 feet wide. We find that most builders use 24 to 26 feet for the internal units with the end units somewhat wider. I feel 28 feet is excessive. There may be a desire to make the townhomes larger but the market will dictate the size that sells. D.iii.d. In most Cities, 20 feet between buildings is adequate regardless of building height. Single family detached townhomes are usually set at a minimum of 15 feet apart. The theory is that in most standard single family areas the side yard setbacks are 5 feet for the garage and 10 feet for the house therefore the closest two houses can be built together is 15 feet. I also suggest the minimum setback from the back of curb be 25 feet for private drives or right of ways. The setback from guest parking should be 20 feet. I believe that the open space should be in • concentrated in larger open areas rather than between the buildings and in II Page 2 August 3, 2001 Michele McPherson the front. Perhaps another setback should be listed as 40 feet between the backs of buildings. D.iv. This paragraph is great, most ordinances aren't this clear. Does this also include multi-story condominiums? E.i. The same comment as D.iii.b above. E.ii.b. The break in horizontal and vertical elevations should be 2' or 4', not 3'. Too much wasted building material. E.iii.b.3. Single garages should be allowed for at least one internal unit. This would allow the builder some freedom to open up the entry area for the two inside units. If the builder is forced to have a 28 foot townhome with a 22 foot wide garage, all units will have a long 6 foot hallway or open tunnel to the front. F.iii. If the City desires to have most of the streets in a townhome setting public then • the right of way should be minimal such as to back of curb and back of sidewalk. This allows the buildings to be grouped closer to the street and open up the back areas. Maple Grove has a similar procedure. The issue with most townhome areas is snow removal. Maple Grove agreed to allow the association to remove the snow from the public streets and give them a credit for the cost of removal. F.iv. This seems a little harsh with the requirement that all streets be public with a 50 foot right of way. F.iv.c. Do you mean a cul-de-sac or a hammer head type turn out? A cul-de-sac would really take a lot of room. F.iv.e. Private drives should be 24 feet with no parking. If they are 28 feet they will encourage parking. There is not enough traffic to warrant 28 feet in width. H. If you allow detached townhomes then there should be a set of standards for the use. This type of development is attractive and in demand in many communities. • Page 3 • August 3, 2001 Michele McPherson In summary I feel the setbacks are generally too large. Private streets should be allowed. A maximum density of 11 units per acre is allowed but I don't think it can be approached with this ordinance without using a multi-level condominium. We designed a very tight detached townhome and twinhome development in Ramsey with a goal of 12 units per acre. We achieved that goal by the inclusion of a sizeable apartment building. The City and adjacent residents were shocked at the potential of that high of a density in the city. If the thought is more open townhome type developments then cut the allowed density. People aren't drawn to townhome developments because there are large spaces around the buildings, they move there for community, maintenance options, value and the ability to leave the for extended periods of time. By increasing setbacks and requiring most of the drives to be public rights of way the cost of land and utilities will increase per unit because of the decrease in density. The potential to have larger clusters of open space will also be reduced. A traditional townhome development may look crowded to those used to acreage and low density residential development (Rlb-d). In more urbanized areas there is great demand for the medium density product. The ordinance should encourage tight clusters of homes with one or more larger open spaces with trails leading to them. Open spaces should be behind the buildings. I like the idea of sidewalks but not everywhere,there is not enough traffic and this ordinance will create many short cul-de-sacs.. There should be some sidewalk along the major streets or leading to a feature and should be up to staff. Again, I thank you for the opportunity to review this document. If you want to meet to discuss some of these issues please call me. Sincerely, John Oliver& Associates, Inc. Ly P. well, L.S. Pres • 7 • D. R. HORTON INC. - MINNESOTA 20860 Kenbridge Ct. Suite 100 Lakeville, MN 55044 August 7, 2001 Michele McPherson Director of Planning City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: Comments to Initial Draft City of Elk River Revised Townhouse Ordinance Dear Ms. McPherson Enclosed you will find our comments and questions in connection with the item referenced above. The comments and questions are bolded, underlined and italicized under the topic area of • question. As we reviewed this draft ordinance, if all the items were required within our developments, it will have a major impact on the affordability of all the housing units to the end consumer. For your information, cost increases may equate to 10%to 20% for each housing unit. This is a concern to our company and the variety of products that we can provide to our future consumers. We appreciate the opportunity to comment on this draft ordinance. If you should have any questions on this matter, please call me at 952-985-7826. Sincerely, Tom Bakritges Project Manager Enclosure Cc: Don Patton Mike Suel III R-3, Townhome District III Statement of Purpose: The purpose of the R3,Townhome District is to accommodate a variety of housing types,including single family detached,single family semi-detached,duplex and townhouse dwellings,at low to moderate residential densities (approximately 11 units per acre or less). This district is also intended to function as a transition between the less intense single family district and more intense multi-family districts. Certain other structures and uses necessary to serve governmental, educational,religious, recreational,and other needs of neighborhoods are allowed as permitted or conditional uses subject to restrictions intended to preserve and protect the residential character of the district. What is the housing definition of Single Family Semi-Detached(as referenced above)? A. Permitted Uses i. Single Family Dwellings ii. Two Family Dwellings iii. Three Family Dwellings iv. Townhomes (four or more units),with no more than six(6)dwellings per structure if in a row or no more than eight (8) dwellings per structure if back-to-back • v. Model homes in compliance with Section vi. Licensed daycare facilities for sixteen (16) or fewer children vii. Public parks, playgrounds and open space B. Accessory Uses i. Public shelters and essential services ii. Garages and sheds iii. Private recreational facilities C. Conditional Uses i. Licensed daycare facilities for seventeen (17) or more children ii. Governmental offices iii. Governmental buildings and facilities iv. Institutional uses v. Conditional home occupations in single-family dwellings Townhome Ordinance Version 1 . July 26,2001 Page 2 • D. Development Standards (Lot Area,Setbacks, Density, Open Space) i. Single Family Dwellings: a. Lot Area: 12,000 square feet b. Lot Width: Is the lot width measured at the property line or the building setback line? Interior: 80 feet Due to the variety of products we provide to the consumer, we would prefer the ability to reduce the lot width to 70 to 75 feet. Corner: 100 feet c. Setbacks, Dwelling: Front: 30 feet Side: 10 feet living area, 5 feet garage Rear: 30 feet d. Setbacks, Accessory: • Front: 30 feet Side: 5 feet Rear: 10 feet Should there be setback information for Single Family Semi- Detached? NOTE: Would you consider a 38 foot wide unit on a 50 foot wide lot? Currently, this is our new Lifestyle product that we are responding to by the market. ii. Two Family Dwellings: a. Lot Area: 6,000 square feet b. Lot Width: 60 feet c. Setbacks, Dwelling: Front: 30 feet Side: 10 feet III Rear: 10 feet Townhome Ordinance Version I July 26,2001 Page 3 d. Setbacks, Accessory: Front: 30 feet • Side: 5 feet Rear: 5 feet iii. Three Family,Four-plex(quadraminium),Townhome, or Condominium Dwellings: a. Lot Area: 20,000 square feet for three family or four-plex dwellings Townhome or condominium unit lots shall have sufficient area to include living area(including bay or bow windows), garage,deck(s),patio(s),or porches of the individual dwelling units. Is the 20,000 square foot requirement measured per building area or overall base lot area? This may effect the future platting layout and open common space areas. b. Lot Width: Base lot width: 100 feet Townhome or Condominium Unit: 28 feet c. Setbacks,Yard: 30 feet at the periphery of the development parcel For yards bordering major collector or arterial streets,an additional 20 feet of setback is required to provide a landscaped buffer yard • d. Setbacks, Building: Setbacks between buildings shall be 25 feet or one-half(1/2)the sum of the building heights of the two(2)adjoining buildings,whichever is greater Buildings shall be setback a minimum of thirty (30) feet from the back of curb line of private drives, including sidewalks, guest parking areas and public rights-of-way. Typically in many of our townhome projects, the front yard setback has been between 24 to 26 feet. We are recommending that the building setback be measured at 25 feet rather than 30 feet. For example:An additional building setback of 5 feet changes the streetscape appearance within the neighborhood. iv. Density: The maximum development density within the R3 District will be based on the net build able area for either a two family dwelling, three family dwelling, four-plex, quadraminium,town home, or a condominium subdivision exclusive of public street • rights-of-way,wetlands,major drainage ways as defined by the Comprehensive Storm Townhome Ordinance Version I i July 26,2001 Page 4 . Water Management Plan,water bodies and slopes steeper than three to one (3:1) slope ratio. The following lot areas per unit standards shall determine the maximum development density: Two Family Dwellings,Three Family Dwellings,Four Family Dwellings, Quadraminuims,Town homes:Five thousand(5,000)square feet per unit. v. Open Space Requirements In addition to the park dedication requirements stipulated by the City's Subdivision Ordinance,a minimum of ten(10)percent of the gross development project area shall be in useable open space and recreational use for the project residents. Such areas shall be specifically designed for both the active and passive use by the exercise equipment, saunas,etc. Said areas and facilities shall be private,except in those cases where the City agrees to assume responsibility for all or a portion of the recreational space. In those cases where private ownership in maintained,the land and facilities shall be subject to the requirement of common areas as detailed in Section 11-58-19 of this Title. The concern we have is that, if we can't use non-developed areas for figuring the density, how can the City reasonably ask for open space for that area?For example, is the useable lot area considered part of the • open space? E. Building Design and Construction Standards: i. Unit Width: The minimum width of a dwelling unit within the R3 District shall be twenty-eight (28) feet. ii. Unit Construction: a. Building elevations and floor plans shall be furnished with subdivision requests illustrating exterior building material and colors to demonstrate compliance with of this Title. Building floor plans shall identify the interior storage space within each unit. b. Buildings shall be designed to prevent the appearance of straight,unbroken lines in their horizontal and vertical surface. Their shall be no more than two(2)continuous townhouse dwelling units without a break in the horizontal and vertical elevations of at least three (3) feet. Rather than 3 feet we are recommending 30 inches (this would be consistent with the construction trade). Also, is it possible to have the soffit line be unbroken, but change the roof pitch at different 1111 locations? Townhome Ordinance Version I July 26,2001 Page 5 c. Provision shall be made for possible decks,porches or additions as part of the initial • dwelling unit building plans. The unit lot shall be configured and sized to include decks or porches. d. In case of a gable roof, a minimum eighteen (18) inch overhang, soffit shall be required for all residential structures. Rather than an 18 inch overhang we are recommending a 16 inch overhang (this would be consistent with the construction trade). d. The exterior of town home dwelling units shall include a variation in building materials, which are to be distributed throughout the building facades and coordinated into the architectural design of the structure to create an architecturally balanced appearance. The preferred materials are: brick, stucco, stone, dutch lap vinyl siding and fiber-cement siding.In addition,town home dwelling structures shall comply with the following requirements: 1) A minimum of twenty-five(25)percent of the combined area of all building facades of a structure shall have an exterior finish of brick, stucco and/or natural or artificial stone. 2) Except for brick,stucco,and/or natural or artificial stone,no single building façade shall have more than seventy-five(75)percent of one type of exterior4110 finish. 3) Except for brick, stucco, and/or natural or artificial stone, no town home dwelling structure shall have more than sixty (60) percent of all building facades of one type of exterior finish. 4) For the purpose of this section, the area of the building façade shall not include area devoted to window,entrance doors,garage doors,or roof areas. Many of our products do display a variety of facade treatments that enhance the view of our structures. However, the concern is that we would prefer to upgrade a variety and/or a minimum percentage of façade treatments along the front and side building walls, rather than the rear building wall(do you have example's). iii. Garages: a. Each dwelling unit shall include an attached garage. b. Garages shall comply with the following minimum size standards: 1) For dwellings with basements: Four hundred eighty four(484)square feet. 411 Townhome Ordinance Version I July 26,2001 Page 6 • Rather than 484 square feet we are recommending 440 square feet (20 x 22 is typically used with many of the products we provide). If you increase the garage width by 2 feet than the garage and house would not be in line, therefore, we would have to increase the house another 2 feet in width. 2) For dwellings without basements: Five hundred eighty four (584) square feet. Rather than 584 square feet we are recommending 540 square feet. 3) Garages shall be a minimum of twenty (22) feet in width. Rather than 22 feet in width we are recommending 20 feet. iv. Storm Shelter: In cases where dwelling units are constructed slab on-grade,provisions shall be made to provide for storm protection either internally to the unit or in a separate storm shelter structure. Compliance with this requirement shall be based upon Federal Emergency Management Agency(FEMA) guidelines and standards,which are on file with the City • Building Official. If we are required to provide for storm protection within the unit of the structure, we need examples to clarify this issue (i.e. upgrades to the main floor bathroom). v. Outside Storage: Outside storage shall be allowed only in designated areas that are screened in and under the ownership of the property owners association subject to other applicable provisions of this Title. F. Parking, Vehicular and Pedestrian Circulation i. Resident Parking: Resident parking shall be provided at one space per bedroom. Resident parking may occur in the garage or in the driveway of individual units. ii. Guest Parking: At minimum, one half(1/2) guest parking spaces per unit shall be provided in an off- • street parking lot or private drive. The design of the off-street parking lot shall conform to requirements of Chapter 19 of this Title. Townhome Ordinance Version I July 26,2001 • Page 7 iii. Streets: • All streets shall be public and shall comply with the design standards and specifications as governed by the City's Subdivision Ordinance,except that the required right-of-way may be reduced to fifty(50) feet and the required street width reduced to twenty-eight (28) feet (back of curb to back of curb) by conditional use permit. Can a loop drive be a private street?In addition, rather than requesting a conditional use permit for streets that are reduced in width, is it possible to allow a separate variance approval and/or a different approval process? iv. Drives: a. Deadend private driveways shall serve a maximum of two (2) structures or six (6) units per side. To clarify this issue,for example - can you have 2 structures on each side of the road that has 3 units in each structure (4 total structures - 2 on each side of the road)? b. Private drives shall be under the ownership and control of the property owners • association who shall be responsible for the maintenance,repair,and replacement of surfacing. Said association shall maintain a capital improvement program for the driveways under its ownership. c. Provisions for adequate turnaround shall be made at the terminus of all private drives. To clarify this issue,please provide examples where and when this may apply. d. Private drives must include plans and areas for snow storage. e. Private drives shall be a minimum of twenty-eight(28)feet in width(back of curb to back of curb.) Can off-street parking be allowed on one side of the private drive? v. Sidewalks: A five (5) foot sidewalk shall be provided on one side of the public street. Townhome Ordinance Version I July 26,2001 Page 8 411 G. Landscaping/Screening/Lighting: A detailed landscaping and lighting plan shall be provided and implemented pursuant to Section of this Title. Said landscaping and screening shall address the following: i. All open areas of the development project which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of over story trees, under story trees, shrubs, flowers, and ground cover materials. The plan for landscaping shall include ground cover,bushes,shrubbery,trees,sculpture,foundations, decorative walks or other similar site design features or materials. The landscape plan shall include detailed foundation plantings for areas adjacent to buildings,walks,etc. In addition to the trees required by Section 1008 of the Elk River City Code,the following is required: a. A minimum of five (5) shrubs for each dwelling unit and a minimum of one(1)tree per dwelling unit. ii. Landscaping at the boundary of the site adjoining another property and the immediate perimeter of the principal structure. iii. Buffer yard landscaping for yards bordering major collector and arterial streets. Buffer yard landscaping shall include berming and the use of coniferous trees. • iv. Screening of guest parking areas. v. All boulevards shall be sodded. Prior to sodding,the developer shall provide three(3) inches of pulverized and screened black dirt. The areas to be sodded shall be fine graded and rocks, trash, or other debris shall be removed. Rather than pulverized black dirt through out the site, can the black dirt be tilled in the ground? Our recommendation is to provide 3 inches of topsoil that meets MnDot specifications. vi. Screening of designated outdoor storage areas. vii. All landscaped areas,including on-site traffic islands and all public rights-of-way adjacent to the property(where access is allowed by the governmental jurisdiction),shall have an in-ground irrigation system with an automatic controller. H. Transition Requirements: Any R3 zoned property abutting an R1, R2, or residential PUD District shall have a minimum of one (1) tier of single family detached,two family dwelling lots, or detached town homes bordering such a district. Exemptions to the provisions of this Section may be IIIgranted, provided one or more of the following conditions exist: Townhome Ordinance Version I July 26,2001 Page 9 i. The properties are separated by a major collector or arterial street. III ii. The abutting land use is a non-residential use is allowed in the district in which it is located. iii. The properties are separated by a railroad right-of-way,wetland,water body,floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of one hundred(100)feet across its entire length. I. Utilities: i. All utilities serving an R3 subdivision,including telephone,electricity,gas and telecable shall be installed underground. ii. Separate public utility services shall be provided to each unit unless exempted by the City Engineer. iii. Water connection: Individual unit shut off valves shall be provided. iv. Sewer connection: Where more than one unit is served by a sanitary sewer service,all maintenance and cleaning shall be the responsibility of the property owners association or owners. v. Unit utility connections shall be located in the side or rear of the unit whenever possible III and shall be screened. Unit utility connections in the front of units shall be screened by a structure that is integrally designed as part of the unit. J. Common Areas: The following minimum requirements shall be observed in the R3 District governing common areas: i. Ownership: All common areas within an R3 development including,but not limited to,open space, wetlands,greenways,drainage ponds,driveways,private drives,parking areas,play areas, etc. shall be owned in one of the following manners: a. Condominium ownership pursuant to Minnesota Statutes 515A1-106. b. Twin home,quadreminium and town home subdivision common areas shall be owned by the owners of each unit lot,with each owner of a unit having an equal and undivided interest in the common area. ii. Home Owners Association: A home owners association shall be established for all quadraminium,three and four- • plex multiple family and town home developments within the RM-1 District,subject to Townhome Ordinance Version I July 26,2001 Page 10 • review and approval of the City Attorney, and shall be responsible for all exterior building maintenance,approval of any exterior architectural modifications,landscaping, snow clearing and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development. 111 111