6. a 2 Development codes Updates ((
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Saint Paul,MN 55101
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E O ' N 1U
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:
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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
I. 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, 2010
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 1.5' 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
he 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 MareII,2010 Chapler Two 0 Zoning Regulalic0N
SECTION 6,.0 OPEN SPACE DEVELOPATENT
6.1 Purpose and Scope
Open Space Conservation Subdivisions(OSCS)arc established to encourage development of rural
housing clusters.All major subdivisions where bonus lots arc requested shall he 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 meet the following purposes:
City cf.SCilrdifl Development Code 2-55
DRAFT Mach,2010 Chaplet Two 0 Zoning Rcgulnlions
(I) 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 manlier 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 Developroen1 Codc 2-56
DRAFF March,2010 Chapter Two 0 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
undesignated 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 front 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 CO111111011 environmental requirements living
within the landscape,i.e.,wetlands,grasslands,boreal forests.
(I I) 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
(1) The OSCS standards are an alternative set of standards for residential development within the
AvitiulturalAgri cult ure-Core(AG 0,and 4es-ikleriti4481 - 14,6iincral Rural(SA)
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
(I) A Conditional Use Permit is required for an open space conservation subdivision in the
A-grit4IttralAgt iculture-Core(AG((),and Resideinia“-S-RTSVE)-zonesGeneral Rural iR
t
001:icts.
City efScendlit Development Code 2-57
DRAFT March,2010 Chapter Two 0 Zoning Regulations
(2) A Conditional Use Permit application shall be filed,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.
(3) 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,Sectio-nthe tbllowing items
shall be submitted as part of the Conditional Use Permit application for open space
conservation subdivision:
(A) Resource Inventory
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 comummity,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,
(Thy of Scandia Development Cod, 2-58
DRAFT March,2010 Chapter 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 5(10 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 a'v'ss rca of 0 acres and 11 Iii iinum lot width of 300 feet sits!I
be:used for the purposes of calculating a yield plan.for=Each;seninr disttiet nre-the
following-
(C) Concept Subdivision Plan.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:
1. 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 1 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:
I. A phasing plan identifying the sequence of development showing approximate
areas,serially numbered with a description of each phase.Information shall be
provided regarding the number of dwelling units,proposed improvements,and
common facilities for each.
2. The phasing plan shall he 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 he constructed prior to the
sale of any lots and shall be clearly marked on a site snap which shall be an
attachment to all sales agreements for individual lots.
City of Scandia Development Code 2_59
•
DRAFT March,2010 Chapter Two 0 Zoning Rcgolations
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 Uses.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 the4-)evelopine+a
t;Rdethis Chanter.
(1) Residential.The following uses are allowed uses in the residential portion of the open space
conservation subdivision.
(A) Single-family Detached
(B) Multi-family Residential
(C) Bed and Breakfast
(D) Accessory Apartment
(E) Community residence
(2) Open Space.'F he following uses arc allowed uses in the designated open space.
(A) Conservation(i.e.,woodland,meadow,prairie)
(B)_Agr-i-cultufal,*.keept4ei&44M-sAgrialltlIre.,Agt:ictiliral t3jiitiijg,s Agricu tor,al
Business:5_05(mill.A grkultirral Direct-Market Businea_or.NgiculturaTerocessinu
) EiKestock tuid Livestock Opeitions. Ve4 c2(,'
FEAt4quJiiPiPgfIJiYJ.tDTT
Recreational uses and associated parking intended mainly to serve residents of
the development.
I. 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 Sca.dia Development Code 2-60
DRAFT Meech,2010 Clwptei Two 0 Zoning Regulations
6 common areas such as greens or squares
7. ball fields
8. playgrounds
9. courts(tennis,basketball,etc.)
10. swimming pools or beaches
I I, common buildings
i-I 0) Stormwater Management Facilities
(]x?_(c)„_Sewage Disposal Systems
(, 1[I I) Essential SSi t: ices 1 ssenttrrf Sec,. �� lr�}r�stniti lrtn ')_Essential Services-
Utility Substation
tl I411_ _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.)
d13--swimming pools or beaches Comment[BEP1]:Public Park,and Rcc are a
— _ - Permitted use
City of Scandia Development Code 24;1
ORr1F li March,2010 (levier Two 0 Zoning Rcguiadons
6.6 Ownership and Mttnagemenl of Open Space
(1) The designated open space and common facilities maybe 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 Spaee
(1) The minimum open space required per Section 12.10(4)(A)shall be subject to a permanent
conservation easement and used for the purposes as defined by this Development Code,The
conservation easement shall he 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 arc 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;
z-r>2
City oFScandir Development Code
..............._._______
DRAFT March,2010 Chapter Two 0 Zoning Regulations
(D) a mechanism to assess and enforce thc 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:
Zoning District Minimum Acres
AG 40
SR 20
SFF, 20
(2) The number of density units for the parcel shall he 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 4-(4044,75% and in the"SRGR"District
is?.-.575%.Nu-b tilted-4;4 7 is-teiet-.
T-homuurber-ofele -raMs tieteemined-i-n-(2)above-may 4)e Mereased-b.f-the-peecen-tage
indicated-' )pinent-eomplie-.v-vei449-or • intrinatien of the foil
1.-lie-inrorimumbonits-permittul in the-A Gn-District-i-s-1-009,40-n-the==S-14---LDistriet,-23% No
bonus is peemitted-in-the",—S47-F-7--District.--Detennination of actual bonus densities shall be
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%
(B) Preservation of historic features and historic buildings and structures,identified as
those sites inventoried by the Washington County I listory Network and the State
Historic Preservation Office and other undcsignated structures such as residences and
Cny of Scvmdie Development Cndc 2-63
•
I)RAFT March,2010 Cannel.Two 0 Zoning Reg,lations
barns having public value clue to the notable architectural or historic features relating
to the cultural heritage of the County and the City. 10%
(C) Orientation of at 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 f Scandin Development Code 2-64
DRAFT Mach,20I0 Chapter Two 0 Zonlog RegolEttinns
(D) A street designed with boulevards planted with shade trees and with a central
"parkway'.or median,at least 25 feet wide.5%
(C) 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%
(II) 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%
(L) 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,arid areas under conservation easement. 10%
(M) Preservation of natural drainage systems through the use of Best Management
Practices for stormwater management including but not limited to raingardens,
rainharrels,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-ear garage.
(C) All structures shall be setback a minimum of 75 feet from unclassified waterbodies.
City of Scondoi Development Code 2-65
DRAFT Munk,2010 Chapter Twn 0 Zoning Regulations
(D) Multi-family structures shall be 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, SFE: 1.5 acres
3. Buildable Area: 1.0 acre
(B) Principal Building Setbacks
1, Front lot line:30 feet
2. Side lot line: 15 feet
3. Rear lot line:30 feet
(C) Accessory Building Setbacks
1, Side lot line: 15 feet
2. Rear lot line: 10 feet
City of Scatldia Developwrni Codc 2-66
DRAFI March,2010 Chapter Two 0 Zoning Regu!ations
(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.
(G) 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 be 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.
I. 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.
(It) 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 Sendidie Development Code 2-67
DRAFT March.2010 Chapter Two 0 Zoning Regulaiions
topographical changes,landscape screening,drainageways,ponds,wetlands,streams,
greenways and woodlands.
(4) Open Space Conservation Subdivision Design
(A) Open space shall he designated as part of the development.The minimum required
open space is based on a percentage of the gross acreage:
1. AG:55%
2, SR:55%
3. S FE:40%
(II) 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 usc 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 be 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 Code 2-08
PRAM-March,2010 Chapter Two 0 Zoning Regulations
neighborhood green.Streets shall he developed according to the New Scandia Township
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 wallrways,
utilities and snow storage.'1'he 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 b0' 60'
roadway 1
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'
oadway_
One-Way 11'-13' - Ii'-13' 11'-13'T
roadway
Urban sections 13' 13' 13'
Shoulder Width 4' 4' 4'
3. Additional Standards:
d)Design Speed: Minimum 20 miles per hour
4jc)-Vertical Curves:Minimum 50 feet(when grade difference less than 1%,no
curve is needed)
s)ttiorizonta1 Curves:Minimum radius of 125 feet
h)a) __,Road Grades:Maximum grade 8%
-Oh)-Super-elevation:Maximum e=0.04 feet/feet
•
j)i) Pavement Strength:7 ton minimum
City of Scandia Development Cods 2-69
DRAFT March,2010 Chapter Two C Zoning Regulations
tdjj Clear Zones:
Rural sections 10 feet from edge of travel lane
Urban sections 2 feet from face of curb
iii-)j) Bridges:Width shall be traveled way plus 2 feet each side;Design
Loading for Structural Capacity HS-20;Sidewalk necessary to maintain
pedestrian crossing
Minimum 30 foot radius
4. Shade trees shall be planted on both sides of the street or placed in clusters at the
Sallie ratio according to4ilectien-9,12-0.1-1(fi),the Landse,tiping Standards of flits
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-sitc 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 hifiktidtial-Substirface 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.
(D) County 1ST-S-SSTS Regulations will include standards for common systems:
groundwater monitoring,pretreatment,system management,etc.
(E) Alternatives may include:
1. Individual septic systems with drainfields located on the individual lot or in
adjacent open space areas;
City of Scandia Development Code 2-70
DRAFT 1,1nTeh,2010 Chapter Two 0 Zoning Regulations
2. Individual septic tanks with communal drainf olds on individual lots or in open
space areas.
([�) Drairv0eIds may be 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 drainlicld area;
3. No trails or other recreational facilities are located in drairrfield areas.
(G) Alternative wastewater treatment and disposal systems thou shall meet all 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 he 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 ofSc-andia Development Code 7_71
/ ) ,
A1S
To: Mayor and Council
Planning Commission
From: Anne Huriburt,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 individualwells,which the City Council
approved as an amendment to the Preliminary Plat.
Attached is a copy of a staff reporttaprovided to the Council when that decislilonywouasmmaayde in May of
eailddisadvantages of a community wish to
2007. It whensummafizesttilotenadv
an determining whether the revised OSCS wsteandards should encourage or
proconvsiiddeera desnsity bonus for a community well.
4
eeting •ate: 5/1/2007
Agenda Item:
11 - 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: 6 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.
➢ 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 be greater, particular where
the lots are large and significant lengths of pipe are required to
construct the distribution system.
D. The environmental impacts from grading, vegetation removal
and materials used for construction of the water distribution
system could be significant.
➢ 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.
D. 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 Hurlhurt, Administrator
(tii gavo prelim plat amendment)
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05/27/10