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6. a Development Code Update 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 ENGINEERING*ARCHITECTURE•PLANNING The right time,The right people.The right company (651)292-4400 (651)292-0083 Fax www tkda corn E O a N U To: City Council and Reference: Development Code Updates Planning Commission Open Space Conservation Subdivision Section 6.0 Copies To: Anne Hurlburt, City Administrator Proj. No.: 14530.000 From: Sherri Buss Routing: Date: May 26, 2010 As we began our work to update the Open Space Conservation Subdivision (OSCS) section of the development code, we realized that this section will need a significant overhaul--to bring it up to date with the recommendations of the Comprehensive Plan, make it consistent with the rest of the code, and improve its organization and clarity. The Planning Commission and Council also need to discuss some of the issues and provide direction to us to complete the update. This memo includes a summary of the Comprehensive Plan references to OSCS, identifies the areas of the current ordinance that need updating, and issues for discussion at the June 1 meeting. Direction from the Comprehensive Plan The Comprehensive Plan provides specific guidance for the OSCS in the chapter entitled "Future Land Use Areas" and in the Land Use Areas Matrix in Appendix D. (A copy of these sections has been attached for your use.) A summary of the key points includes the following: • The community's vision for future land use focuses on: o Emphasizing the protection of natural resources that define Scandia's character, economy and quality of life o Retaining the integrity of the village center as the commercial core surrounded by small-town neighborhoods o Ensuring the continuation of a thriving agriculture economy in the City o Support the traditional development around lakes and rivers, and protecting water quality o Allowing a variety of rural residential development outside of the agricultural core area and village center The Comprehensive Plan specifies that OSCS be used as a tool in the Agricultural Core (AG C) and General Rural (GR) areas, to assist the city to achieve its goals related to natural resource protection (page 104) and ensuring thriving agricultural areas (page 110). The section on uses of the OSCS in the Agricultural Core Area specifies the following: An Employee Owned Company Promoting Affirmative Action and Equal Opportunity Open Space Subdivision Issues Page 2 May 26, 2010 Scandia, Minnesota • Bonus densities not exceeding 75% of the base density may be earned as an incentive for using open space conservation subdivision. • Bonuses may be earned only if developers undertake actions such as permanent protection of agricultural land or open space, or protection or enhancement of natural resources. • Open space conservation subdivisions in the Agricultural Core Area must incorporate permanent protection of agriculture as a focal theme of the subdivision. The section on use of the OSCS in the General Rural Area includes the following recommendations: • Development in this area is anticipated to be a mix of open space conservation subdivisions and large acreage parcels, depending on the nature of the land. • Incentives may be provided for conservation design to protect natural resources, scenic qualities and farming or open space. • Incentives may include bonuses not exceeding 75% of the base density and flexible development standards. • Bonuses may be earned only if developers undertake actions such as permanent protection or enhancement of natural resources, or protection of agricultural land or open space. The policy recommendations listed above are repeated in the Land Use Areas Summary Matrix, Appendix D. The sections that follow identify the items in the current Open Space ordinance that need significant updating. We have provided some suggestions on how they may be updated, and identified issues that the Planning Commission and Council need to discuss and provide direction for the update. A copy of the existing ordinance is attached. Some items have already been updated based on the guidance in the Comprehensive Plan the changes are indicated in the attached document. We also propose a significant reorganization of the OSCS section to improve clarity. We will do this after we have direction on the issues outlined below. 6.1 Purpose and Scope • This section is out-of-date and does not reflect the goals of the Comprehensive Plan clearly. The text that follows is a suggested revised introductory paragraph and list of purposes that connects the section more accurately to the new Comprehensive Plan: The purpose of Open Space Conservation Subdivision (OSCS) is to maintain the rural character of the city, and provide public benefits by preserving significant natural resources, natural resource corridors, agricultural land, and open space areas identified in the Comprehensive Plan; and to allow an alternative to standard single-family residential plats in the appropriate zoning districts: OSCS must meet one or more of the following purposes: Open Space Subdivision Issues Page 3 May 26, 2010 Scandia, Minnesota 1. Preserve natural resources as identified in the Comprehensive Plan. 2. Preserve permanent natural habitat and vegetated corridors for the long term health of plant and animal communities. 3. Preserve large blocks of land for agricultural use and open space. 4. Preserve viewsheds for scenic enjoyment and rural identity. 5. Allow innovation and greater flexibility in the design of residential developments. 6. Provide for site development that maintains a low visual impact, particularly along arterial roadways and abutting properties. 7. Reduce the costs of constructing and maintaining public facilities, infrastructure and services. • Do you want to replace the existing Purpose and Scope text with the suggested text, or suggest other changes? 6.2 Definitions • We suggest removing all of the definitions from this Section, and including the necessary definitions in the General Definitions section of the Code and the Subdivision Chapter. This will allow us to eliminate duplicate definitions and definitions that are not needed. 6.3 Applicability • This section has been revised to be consistent with the recommendation in the Comprehensive Plan to allow OSCS in the Agricultural Core (AG C) and General Rural (GR) zoning districts. • Item (2) is probably not needed—it is understood that ordinances are not retroactive. 6.4 Application • CUP requirements. Should a Conditional Use Permit be required for an OSCS, or should it just follow the standard subdivision procedures, with no additional CUP required? What does the CUP add to the process? • Submittal requirements. This section could be shortened by closely coordinating it with the requirements for a subdivision submittal. The only items that would need to remain are those that are specifically needed for an OSCS. 6.5 Uses • Uses for the residential and open space areas in OSCS should conform to the Comprehensive Plan and to the uses allowed in the district where the subdivisions are proposed. Multifamily residential use is not allowed in these districts, and if you agree, we will remove this use. That would make the list of uses consistent with the uses proposed in the districts where OSCS are allowed. Open Space Subdivision Issues Page 4 May 26, 20l 0 Scandia, Minnesota • We propose to take out the list of uses in this section, and reference the table of uses that will be included in the new development code. • We may need to add a definition for Recreational Facilities, Private to the definitions section, to specify the uses that would be allowed in the open space areas of OSCS as well as other residential areas. We would also add this use to the Use Table. 6.6 Ownership and Management of Open Space • This section should have an additional item that indicates that the conservation easements for common open space should be held by the Minnesota Land Trust, or another nonprofit organization acceptable to the City, and that the Applicant will need to pay for the services that organization provides to monitor and manage the easements. 6.9 Density Standards • We have updated the chart indicating the minimum development size to reflect the districts where OSCS are allowed in the Comprehensive Plan. • This section requires significant reorganization to improve clarity. We will try to put the standards into a table or other more readable format. • Bonus Density. Items A-F do not reflect the goals for OSCS that are included in the comprehensive plan, and therefore could probably be deleted. Items G-O more accurately reflect the purposes for OSCS that are discussed in the plan. Do you want to keep items G-O in the section as the items that are eligible for density bonus, or revise the list? 6.10 Performance Standards • General Considerations (1). All of these items could probably be deleted from this section. References to multifamily residences can be deleted since this is not an allowed us in the AG C or GR District. The other items are included in other places in the development code. • Residential Lot Requirements (2). The requirements in the existing ordinance are reduced from the standard dimensional requirements in the AG C and GR districts. We will organize the lot requirements in a table for easier reading. We also reviewed the dimensions of lots approved for Tii Gavo. The City may wish to revise some of the dimensional requirements, based on past approvals. The following table compares the current code standards to the standards approved for Tii Gavo: Open Space Subdivision Issues Page 5 May 26, 2010 Scandia, Minnesota Dimensional Standard Current OSCS Standard Minimum approved in Tii Gavo Minimum lot size 1.5 acres 1.0 acres Buildable area 1.0 acres No minimum size identified Building Setbacks • Front lot line 30' 30' • Side lot line 15' 15' • Rear lot line 30' 30' Accessory Bldgs • Side lot line 15' 15' • Rear lot line 10' 10' Frontage on public 160' 100' Roadway • Neighborhood Siting Standards (3). We recommend elimination of this section. It was included in the OSCS section by the County but does not apply well to Scandia. There are no similar "neighborhood" standards in the subdivision portion of the code. • Open Space Standards (4). Item F--do you want to include standards that require that a portion of the open space be designated for recreational uses? This is not consistent with the Comprehensive Plan recommendations related to OSCS. Please review the items in (4) and determine which should be kept in the revised code, if any. • Street Standards (5). We recommend that the street standards be moved to the Subdivision Regulations. The standards that apply to urban streets would be eliminated. • Sewage and Water Facilities. Please review this section to see if any changes are needed regarding policies for sewer and water facilities in OSCS. Should the city continue to encourage community water and sewer systems as part of OSCS? Anne has provided a memo developed during the Tii Gavo approval process that compares community and individual water systems to inform this discussion. DRAFT March,2010 Corer f wo 0 Zoning Regulations SECTION 6.0 OPEN SPACE DEVELOPMENT 6.1 Purpose and Scope Open Space Conservation Subdivisions(OSCS)are established to encourage development of rural housing clusters.All major subdivisions where bonus lots are requested shall be Open Space Conservation Subdivisions(OSCS),providing for the maximum protection of agricultural lands, ecologically significant areas,natural landscapes,scenic attributes,open space,and cultural features. OSCS must mcet the following purposes: City of Scandia Development Code 2,55 DRAFT March;2010 Chaplet Um,0 7,ning Regulations (1) Provide efficient use of the land while maintaining contiguous blocks of economically viable agricultural land,mature woodlands,and open space,and preserving historical features,scenic views,natural drainage systems and other desirable features of the natural environment. (2) Allow housing to be concentrated on sites that have low agricultural potential and/or high natural housing appeal. (3) Create neighborhoods with direct access to open space,distinct identities and sense of community. (4) To encourage innovation and promote flexibility,economy and creativity in residential development. (5) To provide commonly owned open space areas fur passive and/or active recreational use by residents of the development and,where specified,the larger community, (6) To provide for a diversity of lot sizes,housing choices and building densities to accommodate a variety of age and income groups. (7) To preserve scenic views and elements of the Township's rural character by minimizing views of new development from existing roads. (8) Since an Open Space Conservation Subdivision requires certain unique characteristics and features,not every parcel of available land is suitable for such development.Size,location, topography,natural features and resources,etc are unique to each potential OSCS so that development approval depends in part on the evaluation of suitable characteristics Further, due to such uniqueness,approval of an open space conservation subdivision cannot be inferred as approval for other parcels. (9) Economic conditions,i.e.potential development profit,shall not constitute a hardship or reasonable criteria for approval of an open space conservation subdivision if other methods for subdivision of the property exist under the terms of the Development Code. 6.2 Definitions (1) Community Garden:Land which is cultivated by the residents of the development for the production of trees,vegetables,fruits,flowers,herbs and grasses for the residents'use or to be sold directly to consumers through membership in the garden. (2) Conservation Easement:An interest in real property created in a manner that imposes limitations or affirmative obligations in regard to the use of property including the retention, protection and maintenance of natural resources,open space and agriculture. (3) Cultural Resource:The historic and archeological characteristics of the land,including buildings and landscapes,which provide information regarding the history of New Scandia Township and its people. City of Scandia Development Code 2-56 DRAFT March 2010 Chaptcr T,vo C Zoning Regulations (4) historic Building and Structure:A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation Office and other undesigriated structures such as residences and barns having public value due to their notable architectural or historic features relating to the cultural heritage of the County and the City. (5) Homeowners Association:A formally constituted non-profit association or corporation made up of the property owners and/or residents of the development for the purpose of owning, operating and maintaining the common open space and facilities. (6) Neighborhood:An area containing a contiguous group of residential lots where people live in close proximity to one another. (7) Open Space:Land used for agriculture,natural habitat pedestrian corridors and/or recreational purposes,that is undivided and permanently protected from future development, (8) Open Space Conservation Subdivision'A grouping of residential structures on smaller lots than allowed in the specific zoning district,leaving some land dedicated as open space. Major subdivisions where bonus lots are allowed providing for the maximum possible protection of ecologically significant areas,natural landscapes,scenic attributes,open space,and cultural features. (9) Perimeter Road:A road lying outside of and abutting the development parcel. (10) Plant Community:A grouping of plants with common environmental requirements living within the landscape,i.e.,wetlands,grasslands,boreal forests. (11) Protective or Restrictive Covenant: A contract entered into between private parties that constitutes a restriction of the use of a particular parcel of property. (12) Resource inventory:A survey of the land's features including it's natural resources,cultural resources,scenic views and viewsheds,and physical characteristics. 6.3 Applicability (I) The OSCS standards are an alternative set of standards for residential development within the A+ieulturesl,lg°iculllwc Core(AO_(),and Residtistiotd-SR,S-fa }:yir.nwrsl Rural((rR) districts.OSCS shall be permitted with a conditional use permit within these districts.The design standards contained in this section are not applicable in the St.Croix River District and Shoreland Overlay Districts. (2) The regulations of this Development Code are applicable only to OSCS approved after the effective date of this Development Code_ 6.4 Application (l) A Conditional Use Permit is required for an open space conservation subdivision in the Atr( nlhrralAgi nultutcC'on (AG C),and hcsifier ttl{$k,-SIT)zrmv CCr._rrtl Rural lGR) districts. CC1'of Sccudi a Pevclopment Codc 57 DRAFT March,2010 Chapter Two 0 Zoning Regulations (2) A Conditional Use Permit application shall be tiled,in writing,with the Zoning Administrator in accordance with Chapter One,Section 7,Conditional Uses. (3) In addition to the criteria stated in Chapter One,Section 7.3,the Planning Commission shall consider the following: (A) The OSCS is designed to preserve open space and the Township's rural character while creating compact residential neighborhoods. (I3) The OSCS is designed in accordance with the standards of this Development Code. (C) OSCS support the goals and policies of the Township's Comprehensive Plan. (4) In addition to those submittal requirements stated in Chapter One,Seotionthe following items shall be submitted as part of the Conditional Use Permit application for open space conservation subdivision: (A) Resource Inventory I. The plan for an Open Space Conservation Subdivision shall include a resource inventory,to include the following,mapped at a scale of no less than one inch: 100 feet. 2. Topographic contours at 402.-foot intervals,showing rock outcrops and slopes of more than 15 percent. 3. Soil type locations and identification of soil type characteristics such as agricultural capability,depth to bedrock,and suitability for wastewater disposal systems. 4, Hydrologic characteristics,including surface water bodies,floodplains,wetlands, natural swales and drainageways. 5. Vegetation of the site,according to general cover type(pasture,woodland,etc.), defining boundaries of woodland areas and stand-alone trees with a caliper of more than 18 inches,Vegetative types shall be classified as generally deciduous, coniferous or mixed and described by plant community,relative age and condition. 6. Current land use and land cover(cultivated areas,paved areas,etc.),all buildings and structures on the land,and all encumbrances,such as easements or covenants, 7. Visual resources,showing views onto the tract from surrounding roads and public areas,as well as views within the tract. 8. Cultural resources:brief description of historic character of buildings and structures,historically important landscapes,and archeological features. City of Scandia Development Code 2-58 DRAFT March,2010 Chapler Two 0 Zoning Regulations 9. 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.This information may be presented on an aerial photograph at a scale of no less than 1 inch:400 feet. (B) Yield Plan 1, The applicant shall submit 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 Development Code and Subdivision Regulations.The yield plan need not be engineered;however,it shall be drawn to scale and it shall identify all the major physical features on the parcel, The minimum lot ilifeaSTOTT.q1 01 10 acres and minimum of 300 feet shall be used for the purposes of calculating a yield plan_-tftr-eue nin4t distric -rrretlao following (C) Concept Subdivision flan.The applicant shall submit one or more open space conservation subdivision plans meeting the intent of this Chapter and including at least the following information: I. Open space areas indicating which areas are to be protected. 2. Boundaries of areas to be developed and proposed general street and lot layout, 3. Number and type of housing units proposed. 4, Areas proposed for stormwater management and on-or off-site sewage treatment, 5. Said plans shall be drawn at a scale of I inch= 100 feet. (D) Phasing Plan.Open Space Conservation Subdivisions may be phased in accordance with a unified development plan for the entire tract meeting the following requirements: 1. A phasing plan identifying the sequence of development showing approximate areas,serially numbered with a description of each phase.Information shall he provided regarding the number of dwelling units,proposed improvements,and common facilities for each, 2, The phasing plan shall be made a part of the conditional use permit and is effective for five(5)years from the date of preliminary plat approval.If final plat approval is not received within five(5)years,the permit shall become null and void. 3. Any common facilities,including golf courses,shall be constructed prior to the sale of any lots and shall be clearly marked on a site map which shall be an attachment to all sales agreements for individual lots. City of Scandia Deyclopmenr Codc 2.9 DRAFT March,2010 Chapter Two 0 Zoning Regulations 4. As part of the development agreement,a financial guarantee to ensure completion of common facilities,trails and landscaping shall be provided. (E) General Location Map (F) Application Procedure.Upon submittal of a complete application,the application shall be processed according to the Subdivision Ordinance and Conditional Use Permit processes. 6.5 Lises.The following uses are permitted within OSCS Developments,The following uses must meet the standards and criteria specified for those uses,as set forth in and regulated by the-Rcveloppr+i t Cod t js__Ouiptet. (1) Residential.The following uses are allowed uses in the residential portion of the open space conservation subdivision. (A) Single-family Detached (R) Multi-fancily Residential (C) Bed and Breakfast (D) Accessory Apartment (E) Community residence (2) Open Space. he following uses are allowed uses in the designated open space. (A) Conservation(i.e.,woodland,meadow,prairie) L3L a_ p!)td Agriculttmll Businesti Se?sonaE Agrieultuial Pircet Ma ket BusinesF,or Agricultural Processing (ltl(C)_.__ Livestock estock and Livestock Operations.except Feedlots (GIL11) est at Poise T rairati=_f aei_l l�_F OTP3f (-1-)l([1_._Recreational uses and associated parking intended mainly to serve residents of the development. 1, non-motorized trails(walking,skiing,cycling,horseback riding) 2. picnic areas 3. community gardens 4. composting(for waste generated by residents of the development) 5. turf areas for informal play City of scanda Development Code 2 60 DRAFT March,2010 Chapter Two 0 Zoning Regolations 6 common areas such as greens or squares 7, ball fields 8. playgrounds 9 courts(tennis,basketball,etc.) lb. swimming pools or beaches I L common buildings ti if]) _Stormwatcr Management Facilities i) Sewage Disposal Systems tki-1(I D Essential Scrviees lssent jai tjinsrnr onoi Essential Services' Utility Substation ti ,.The following uses are allowed in the designated open space with an additional Conditional Use Permit: 1. Golf Course 2, Motorized Trails 3. Recreational uses available to the public including: a) ball fields b) playgrounds c) courts(tennis,basketball,etc.) (4--switnming pools or Iheaches t Comment[BEM:Public Parks and Rec are a I Permitted use City of Scandia Development Code 2-•6I DRAFT Mnrch,2010 Chapter Two 0 Zoning Regulations 6.6 Ownership and Management of Open Space (1) The designated open space and common facilities may be owned and managed by one or a combination of the following: (A) Homeowners'Association (B) Non-profit Organization (C) The County or another governmental body empowered to hold interest in real property (in accordance with Minnesota Statutes Section 84C.01-.05) (D) An individual who will use the land for open space purposes as provided by the permanent conservation restrictions. 6.7 Qpen Space (1) The minimum open space required per Section 12,10(4)(A)shall be subject to a permanent conservation casement and used for the purposes as defined by this Development Code.The conservation easement shall be dedicated to the Township,an acceptable land trustee or other similar organization as approved by the Township. (2) The uses within the open space shall be accessible to the residents of the development in accordance with 12,10(4)(D).These uses may also be available to the general public providing the proper approvals are received. (3) A financial guarantee ensuring the construction and completion of the common facilities shall be submitted to the Zoning Administrator. 6.8 Homeowners'Associations (1) A Homeowners'Association shall be established if the open space is owned by a homeowner's association.Membership in the Association is mandatory for all purchasers of homes in the development and their successors. (2) A Homeowners'Association Agreement,guaranteeing continuing maintenance,shall be submitted to the Township as part of the data required for the conditional use permit,The Homeowners'Association documents or the declaration of covenants,conditions and restrictions shall contain the following information: (A) the legal description of the common lands or facilities; (13) the restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions; (C) a mechanism for resolving disputes among the owners or association members; Zs, City or Scandia Development Code DRAFT March,.010 Chapicr Two 0 Zoning R.errIal?ors (D) 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. (E) the conditions and timing of the transfer of ownership and control of land or facilities to the Association or to common ownership; (F) any other matter the developer deems appropriate. (G) The management of collector sewage treatment systems. 6.9 Density Standards (1) Minimum Development Size.To be eligible for Open Space Conservation Subdivision,the development must contain the following minimum acreage for the zoning district in which the parcel is located: Zonin District Minimum Acres AG 40 SR _20 SFE 20 (2) The number of density units for the parcel shall be determined in accordance with Chapter Two,Section 2. (3) Bonus Density, An open space conservation subdivision that provides the minimum open space for the zoning district and other requirements of Chapter Two, 12.1 shall receive a 25%bonus,The number of bonus lots allowed is directly tied to the quantity and quality of preservation and protection afforded natural landscapes,open space,and cultural features, The maximum bonus permitted in the"AG"District is I00%75°6) and in the"F&GR"District is 2475%,No-- mitt t;'8 z, "err, )3s u x-�. ==,.trleT. r e-number-o-clertsityr+e»fs{Iehnined-in-(22)-abevewiay-be. inertia±; -the--per'celrtate +ndieitec#:`f devek�ment-c r chef-,-it fir b-ene i cornhi ation l ilte illow+t taticlardt, - �I The-rnof iiiirrl is-fe-rmit tin the--AGn-1. istrie4ii 1004(n;-in-tlre`z V-Distriet,-2-5% 70 }termsis- rnit in rite-"SITE='Distric-t Determination of actual bonus densities shall he based upon findings of the Planning Commission and decision of the City Council. (A) Providing affordable housing,to include a minimum of 25 percent of all units that would be affordable to moderate-income households,as defined by the Metropolitan Council for the latest year in which the affordable housing threshold is established.5% (13) Preservation of historic features and historic buildings and structures, identified as those sites inventoried by the Washington County history Network and the State Historic Preservation Office and other undesignated structures such as residences and 2-63 City of 5candia Developmmnl Godc DRAFT March,2010 ChapIt,Two 0 Zoning Regulations barns having public value due to the notable architectural or historic features relating to the cultural heritage of the County and the City. 10% (C) Orientation oft least 75%of the lots around one clearly defined central focal point such as one or more of the following: 1, A central green or square. 2. A physical amenity such as a meadow,a stand of trees,a stream or other water body,or some other natural feature. 15% City of Scond.Development Code 2 64 DRAFT March,MID Chapter Two Zurung Regulations (D) A street designed with boulevards planted with shade trees and with a central "parkway-or median,at least 25 feet wide.5% (E) Utilization of a community sewage disposal system, 10% (F) Utilization of a community water system. 15% (G) Preservation of or establishment of woodlands and forests as identified by the Minnesota Land Cover Classification System, 10% (11) Preservation of agricultural lands(areas currently used for agriculture)with prime soils as identified by the Metropolitan Council's Digital Atlas. 10% (I) Protection of ecologically sensitive features.These areas are defined as those identified as such by the Minnesota DNR's Metro Area Ecological Assessment 10% (.1) Preservation of native plants and animal habitat as identified by the Minnesota County Biological Survey and areas within the DNR-designated habitat corridors. 10% (K) Preservation of priority scenic views as identified by the City,especially as viewed from public roads and property. 10% (1.,) Creating open space that is contiguous to existing designated open space or part of potential open space defined as areas sharing a boundary with parks,public lands, planned parks and trails,and areas under conservation easement, 10% (M) Preservation of natural drainage systems through the use of Best Management Practices for storrnwater management including but not limited to raingardens, 1-M1+m-els,swales,and infiltration trenches, 10% (N) Restoring native habitat appropriate to the site as recommended by the City's ecologist based on the ecologist's field analysis. 10% (0) Implementing open space stewardship practices as recommended by the City's ecologist based on the ecologist's field analysis. 10% 6.10 Performance Standards (1) General considerations (A) For single-family attached and multi-family structures.the maximum number of units per freestanding building is six. (B) The residential lot shall be large enough to accommodate a house and two-car garage. (C) All structures shall he setback a minimum of 75 feet from unclassified waterbociics. City of Scandia Development Code 2-65 DRAFT Mitre11,2010 Chapter TWO 0 Zoning Regulations (1)) Multi-family structures shall he setback a minimum of 50 feet from the lot line of a lot designated for single family detached dwelling units. (E) A maximum of 40%©of the residential dwelling units may be multi-family residential, (2) Residential Lot Requirements, (A) Minimum Lot Size 1. AG and SR: 1.5 acres 2. SFT: 1.5 acres 3, Buildable Area: 1,0 acre (B) Principal Building Setbacks Front lot line:30 feet 2. Side lot line: 15 feet 3. Rear lot line:30 feet (C) Accessory Building Setbacks I. Side lot line: 15 feet 2. Rear lot line: 10 feet City of Scandia Development Code 2-66 DRAFT March,2010 Chapter Two 0 Zoning Regulations (D) Maximum Lot Coverage:35% (E) Maximum Building Height:35 feet (F) All lots shall take access from interior local streets developed as part of the open space conservation subdivision. (0) Fifty percent of the lots within a neighborhood shall abut open space on at least one side,A local street may separate lots from the open space. (3) Neighborhood Siting Standards. (A) Neighborhoods shall he located to minimize their impacts on the natural,scenic and cultural resources of the site. (B) Neighborhoods shall avoid encroaching on rare plant communities or endangered species identified in the Department of Natural Resources County Biological Survey for Natural Communities and Rare Species, (C) Fragmentation of open space shall be minimized. (D) Whenever possible,open space shall connect with existing or potential open space lands on adjoining parcels. (E) Neighborhoods should be sited to achieve the following goals,to the extent practicable.In cases where impact on one or more of the following resource areas is unavoidable,the impact should be minimized through use of landscaping,topography, or other features. 1. Avoid prime farmland soils and large tracts of land in agricultural use,and avoid interference with normal agricultural practices', 2. Minimize disturbance to woodlands,hedgerows,mature trees or other significant vegetation; 3. Protect scenic views of open land from adjacent roads. 4. Protect existing historic buildings or incorporate them through adaptive reuse. (F) The maximum number of residential lots permitted in a neighborhood is 50, (G) More than one(1)neighborhood may be developed if separated by a clear boundary comprised of a combination of two or more of the following elements:street pattern, marked topographical changes,drainageways,ponds,wetlands,streams,greenways and woodlands. (II) Neighborhoods shall be separated from adjacent residential property by a clear boundary,comprised of two or more of the following elements:street pattern,marked City of Setiotlin Development Code 2-67 DRAFT March,2010 Chapter TWOS Zoning Regulations topographical changes,landscape screening,drainageways,ponds,wetlands,streams, greenways and woodlands. (4) Open Space Conservation Subdivision Design (A) Open space shall be designated as part of the development.The minimum required open space is based on is percentage of the gross acreage: I. :55°/0 2, SR:55% 3. SEE:40% (13) The required open space shall be undivided and restricted from further development, as specified in Section 12.7. (C) The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required: 1. Parking areas for access to and use of the open space. 2. Buildings or structures if they are accessory to the use of the open space. (D) Road rights-of-way may not be located within the required open space area,and shall not be counted towards the required minimum open space. (E) No more than 50 percent of the required open space may consist of unclassified water bodies,ponds,areas within the 100 year floodplain(or high water mark as documented by County or Township records),wetlands,or slopes of greater than 25 percent. (F) At least 25 percent of the open space shall be accessible to the residents of the development and shall be owned in common by all residents of the development. 1. At least 25%of the"accessible"open space,shall he suitable for recreational uses such as trails,play fields,or community gardens. 2. A pathway system connecting all parts of those open space areas accessible to neighborhood residents,and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the plan. 3. That portion of the open space designated for the location of sewage treatment facilities shall not he included as part of this accessible open space. (5) Street Standards.Neighborhood streets may take the form of a two-way street,a pair of one- way streets on either side of a landscaped median,or a one-way loop street around a small City of Scandia Development Codc 2-68 DRAFT March,2010 Chapter Twu 0 Zoning Regulations neighborhood green-Streets shall be developed according to the New Sca ndiaTownship Utility and Street Requirements that promote road safety,assure adequate access for fire and rescue vehicles,and promote adequate vehicular circulation.Following is a general description of those requirements: (A) The applicant must demonstrate that access to the development has the capacity to handle traffic generated by the proposed project,and will not endanger the safety of the general public. (B) Streets shall have the following design standards: 1. Right-of-way widths-The right-of-way width for each road shall he wide enough to provide for all public services,including roadway drainage,trails and walkways, utilities and snow storage.The minimum right-of-way shall be provided in accordance with the following: Travel Lanes ADT less than 250 ADT over 250 One-way 30' 30' roadway Two-way 60' 60' roadway L 2. Roadway widths for local roads shall be determined by the expected average daily traffic(ADT)and shall be within the following ranges: Travel Lanes ADT less than 100 ADT 100-250 ADT over 250 wo-way 20'-24' 20'-24' 22'-24' nadway__ one-Way Il' 13' Il l3' 11 -13' roadway rban sections 13' 13' 13' Shoulder Width 4' 1 --- 4' 4' 3. Additional Standards: 0d)Design Speed: Minimum 20 miles per hour f)c3 Vertical Curves:Minimum 50 feet(when grade difference less than I%,no curve is needed) e)i)-l-lorizontal Curves:Minimum radius of 125 feet hi ____Road Grades:Maximum grade 8% 4-11-d Super-elevation:Maximum c—0.04 feet/fect j)i)-.Pavement Strength:7 ton minimum City of Scandia Develop:nen!Cod 2,69 . . DRAFT March,2010 Chapter Two 0 Zoning Regulations 101)_Clear Zones: ural sections _ 10 feet from edge of travel lane_.1 sections Urban2 feet from face of curb I)10_ in)lj Bridges:Width shall be traveled way plus 2 feet each side;Design Loading for Structural Capacity HS-20;Sidewalk necessary to maintain pedestrian crossing Om) Cul-de-sacs:Minimum 30 foot radius 4. Shade trees shall he planted on both sides of thc street or placed in clusters at the same ratio according to-Sectien4-I,17,1,4300 the Lindscjp ng Standards o rthis Cho 5. Street connections to adjacent parcels shall be provided in logical locations to avoid creating landlocked parcels and provide for connecting street patterns. 6, Streets that serve as collectors,interconnecting subdivisions and other major traffic generators,shall be designed according to the Township's standards for collector roads. 7. Where streets will connect with streets having differing standards,the street dimensions shall be the same as those of the connecting street.All street widenings shall occur at the nearest intersection. (6) Sewage and Water Facilities (A) Water for an OSCS Development shall be provided by individual on-site wells or by one or more community wells meeting the permit requirements of the Minnesota Department of Health.The use of shared or community wells is encouraged. (B) All OSCS Developments shall be provided with adequate sewage treatment Facilities meeting the standards of the County 1-14widual-Subsurface Sewage Treatment Standards Regulations and the permit requirements of the Minnesota Pollution Control Agency. (C) Utilities will be placed underground;either parallel to the sidewalk or under the street. I (D) County I :S-SSTS Regulations will include standards for common systems: groundwater monitoring,pretreatment,system management,etc. (E) Alternatives may include: I. Individual septic systems with drainfields located on thc individual lot or in adjacent open space areas; City of Scandia Development Code 2-70 DRAFT March,2010 Chapter Two 0 Zoning Regulations 2. Individual septic tanks with communal drainficlds on individual lots or in open space areas. (F) Drainfields may he located partially or completely within open space areas provided that: 1. Ground cover of regularly mowed turf or meadows is maintained; 2, No agricultural activities are permitted within 50 feet of the drainfield area; 3, No trails or other recreational facilities are located in drainfield areas. (0) Alternative wastewater treatment and disposal systems tlu- sh_sll meet alt MPCA permit requirements. NOTE:ITEMS C--G were previously contained in the sidebar. (7) Golf Courses (A) Golf courses located in the open space must comply with Chapter Two,Section 10,11 of this Chapter. (B) The golf course shall be regulated by a development agreement that restricts any further development or subdivision of land and requires the land to he retained as open space use if a golf course is no longer used as a golf course. (C) The golf course shall he constructed prior to the sale of any residential lots. (D) A financial guarantee ensuring completion of the golf course in accordance with the approved plans and permits shall be submitted to the Zoning Administrator. City of Scandia Development Cods 2 71 AND & .1 n‘ nesot To: Mayor and Council Planning Commission From: Anne Hurlburt, City Administrator Date: May 27,2010 for Discussion at June 1,2010 Meeting Re: Open Space Conservation Subdivisions (OSCS) and Community Water Systems Currently the Development Code encourages community sewer and water systems in OSCS, and awards bonus density for such systems. The Preliminary Plat for the Tii Gavo project included a community well. After further consideration, the developer asked to eliminate the water system in favor of individual wells,which the City Council approved as an amendment to the Preliminary Plat. Attached is a copy of a staff report provided to the Council when that decision was made in May of 2007. It summarizes the advantage and disadvantages of a community well. You may wish to consider this information when determining whether the revised OSCS standards should encourage or provide a density bonus for a community well. eeting Date: 5/1/2007 Agenda Item: 1 i •, / 1 1 • i •/ . • i 14727 209th St. North, P.O. Box 128 Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing and consider the application of Big Marine Development, LLC. to amend the Preliminary Plat for the Tii Gavo Open Space Conservation Subdivision. Deadline/ Timeline: Application was received on April 12, 2007. 120-day review period ends July 11, 2007. The Final Plat application is incomplete. Background: • At the April 3, 2007 meeting, the Planning Commission and Council found that the elimination of the community well from the project was a material change to the Preliminary plat, requiring an amendment (including a public hearing) before Final Plat approval. • The project is an open space subdivision and a planned unit development (PUD). The yield plan showed a maximum of 28 lots without density bonuses, 19 in the first tier of the Shoreland District and 9 lots in the underlying Agriculture District. The project was awarded the maximum density bonus of 100% of the number of lots outside the Shoreland (9 lots) for a total of 37 lots in the project. The project was also given PUD flexibility to permit lot sizes smaller than 1.5 acres and buildable area less than 1 acre, and for several other features of the project (such as the community building and accessory storage buildings.) • The ordinance requirements for open space/ conservation subdivisions have changed since preliminary plat approval of this project. State law does not allow the city to apply the new ordinance to this project, as the preliminary plat approval was less than one year ago. However, a rough analysis of the project, prepared by TKDA during discussion of the new ordinance, indicated that Tii Gavo may have received a density bonus of 95% under the new ordinance; 80% without the community well (see the table, attached.) Under the former ordinance, the density Page 1 of 3 05/27/10 bonus was a more subjective matter subject to negotiation, without specific percentages for particular features. Therefore it is not clear how much, if any, of the bonus awarded was attributable solely to the community well. This needs to be determined by the Planning Commission and City Council. • The applicant has submitted a narrative explaining their arguments in favor of individual wells vs. a community well. Staff has also consulted with an engineer knowledgeable in the area of water supply (Bernie Bullert, TKDA) for advice. The consensus seems to be that the disadvantages may outweigh the advantages of a community well. • Advantages of a community well appear to include: ➢ The conventional wisdom seems to be that fewer holes in the ground equals less risk of contamination of the groundwater supply. This has been advocated by the DNR. ➢ In the event of contamination of the water supply, it may be easier to provide needed treatment at a single well, rather than individual wells. ➢ A community well may be more closely monitored than individual wells, so a problem with contamination might be discovered more quickly. D. If it was ever necessary to provide a public water supply to the area, the water mains would already be in place. • Disadvantages of a community well appear to include: ➢ The cost of the water system will he greater, particular where the lots are large and significant lengths of pipe are required to construct the distribution system. ➢ The environmental impacts from grading, vegetation removal and materials used for construction of the water distribution system could be significant. D. A single, high-capacity well could have a larger impact on deeper underground water levels ("cone of depression") than many lower-capacity wells (but not as widespread as multiple individual wells.) ➢ While the DNR advocates fewer wells, the Minnesota Department of Health does not, indicating that if wells are constructed to meet well codes the additional risk of contamination is not significant. No significant risk of contamination has been identified at this site. ➢ Chemical treatment (such as with chlorine, or iron removal) could be required because of the size of the system, adding significantly to the cost. ➢ While treatment at a single well might have some advantages, some types of treatment (such as softening) would probably still only be economically feasible at each home. ➢ Long-term management of the water system might be more Page 2 of 3 05/27/10 than a homeowner's association could handle, financially and practically, especially if it was necessary to hire a licensed firm or individual to operate the system. ➢ Even though water mains would be in place, it is likely that the system would not be built to the same standards that would be required for a municipal system. This would reduce some of the potential advantage should a public water supply be necessary in the future. • The city's new ordinance for Open Space Conservation Subdivisions does give a substantial bonus for community wells (15%). This exceeds the bonus for many other features; the bonus for community sewage disposal systems, for example, is 10%. The city may wish to reconsider that part of the ordinance in the future. Recommendation: After holding the public hearing you should determine whether or not the proposed amendment deleting the community well should be approved, and whether or not this would require other changes to the plat, such as a different density bonus. A draft resolution allowing elimination of the community well has been provided for consideration. It can be modified as necessary if additional changes to the preliminary plat would be required. Attachments/ • Application for Preliminary Plat Amendment Materials provided: • Letter dated April 17, 2007 from CMWD Engineer Daniel Fabian, FOR • TKDA Memorandum Dated July 6, 29006 (Analysis of Preliminary Plat) • TKDA Memorandum Dated July 28, 2006 • Excerpt of Town Board Minutes, September 5, 2006 • Tii Gavo- Test for Draft Conservation Subdivision amendment • Draft Resolution 05-01-07-03 Contact(s): Prepared by: Anne Hurlburt, Administrator (tii gavo prelim plat amendment) Page 3 of 3 05/27/10