6. a 1) Open Space Conservation Subdivision (fi (l ) ,(N f.
SECTION 6.0 OPEN SPACE CONSERVATION SUBDIVISIONS
6.1 Purpose and Goals
The purpose of Open Space Conservation Subdivisions (OSCS) is to maintain the rural character of the
City of Scandia and provide public benefits by preserving woodlands and other habitats, natural resource
corridors, agricultural land, open space and significant natural features identified in the Comprehensive
Plan; to utilize less land for development; and to allow an alternative to standard single-family residential
development in the appropriate zoning districts. The goals for OSCS include the following:
(1) Preserve large blocks of land for agricultural use and open space.
(2) Preserve natural resources as identified in the Comprehensive Plan.
(3) Preserve permanent natural habitat and vegetated corridors for the long term health of plant
and animal communities.
(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) Create cohesive neighborhoods to establish local identity and encourage community
interaction.
(8) Reduce the costs of constructing and maintaining public facilities, infrastructure and services.
6.2 Applicability. The OSCS standards are an alternative set of standards for residential development
within the Agriculture Core (AG C) and General Rural (GR) 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 District
6.3 Application Procedure
(1) Pre-Application Sketch Review
(A) A pre-application sketch plan review, in accordance with Chapter 2, Section 11.3 of
this development code, is mandatory for all OSCS developments. The sketch plan
shall be submitted to the Planning Commission and City Council for review and
comment. Any opinions or comments provided on the sketch shall be considered
advisory only and shall not constitute a binding decision.
(B) In addition to the submission requirements for sketch plan review, the applicant shall
submit one or more proposed OSCS plats including the following information drawn
at a scale of 1 inch=100 feet:
1. Open space areas indicating which areas are to be protected, including a
description of the rationale behind the proposed layout and open space.
City of 5candia Development Code DRAFT FOR DISCUSSION JULY 6,2010 Chapter 2,Section 6 Page I
2. Number and type of housing units proposed, the number and size of lots, and a
calculation of the proposed OSCS density.
3. Areas proposed for stormwater management and on- or off-site sewage treatment.
(C) The applicant shall also meet with potential conservation easement holders in order to
be made fully aware of any procedures, policies, requirements and costs regarding
easement dedication for the proposed plat. The applicant shall report the results of this
meeting to the city as part of the application for sketch plan review.
(2) Conditional Use Permit and Preliminary Plat Application.
(A) A conditional use permit application shall be filed, in writing, with the Zoning
Administrator, in accordance with Chapter 1, Section 8 of this development code. The
conditional use permit application shall be submitted concurrently with an application
for preliminary plat, in accordance with Chapter 3 of this development code.
(B) The evaluation of the proposed conditional use permit shall be subject to the general
criteria stated in Chapter One, Section 8.4, and the determination that the OSCS meets
the goals as stated in Section 6.1, above.
(C) In addition to those submittal requirements stated elsewhere in this development code,
the following items shall be required as part of the conditional use and preliminary
plat applications for an OSCS:
1. Resource Inventory, including mapped data and text as needed, on aerial
photograph(s) at a scale of no less than one inch equals 200 feet:
2. Soil type locations and identification of soil type characteristics such as
agricultural capability, depth to bedrock, and suitability for wastewater disposal
systems.
3. Existing vegetation of the site using the Minnesota Land Cover Classification
System(MLCCS) Level 5 data or higher, or a similar land cover system acceptable
to the City.
4. Location of significant natural communities and natural resource corridors, based
on the City's Comprehensive Plan, Minnesota DNR Natural Heritage Program
Maps, and similar existing mapped data.
5. Visual resources, showing views onto the tract from surrounding roads and public
areas, as well as views within the tract.
6. Cultural resources: brief description of historic character of buildings and
structures, historically important landscapes, and archeological features.
7. 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.
City of Scandia Development Code DRAFT FOR DISCUSSION JULY 6,2010 Chapter 2,Section 6 Page 2
8. Yield Plan: 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, as described in Chapter 2, Section
5.1,
(3) Final Plat and Phasing Plan.
(A) Open Space Conservation Subdivisions may be phased in accordance with a unified
development plan for the entire tract. A phasing plan shall be submitted with the
application for final plat approval, in accordance with the requirements of Chapter 3 of
this development code.
(B) The phasing plan shall meet 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 be
provided regarding the number of dwelling units, proposed improvements, and
common facilities for each development phase.
2. The phasing plan shall be made a part of the development agreement 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.
4. As part of the development agreement, a financial guarantee to ensure completion
of common facilities, trails and landscaping shall be provided.
6.4 Minimum Development Size. To be eligible for Open Space Conservation Subdivision, the
development must contain a minimum of 40 acres of land.
6.5 Land Uses. The uses allowed in an OSCS shall conform to the Comprehensive Plan and to the uses
allowed in the zoning district where the OSCS is proposed, as identified in Section 2.0 of this
development code.
6.6 Minimum Open Space Requirements
(1) Open space shall be designated as part of the development. The minimum required open
space shall be 55% of the gross acreage of the development.
(2) The required open space shall be undivided and restricted from further development
(3) The following areas or structures may be located within the open space area and shall be
counted toward the overall open space percentage required:
(A) Parking areas for access to and use of the open space.
City of Scandia Development Code DRAFT FOR DISCUSSION JULY 6,2010 Chapter 2,Section 6 Page 3
(B) Buildings or structures if they are accessory to the use of the open space.
6.7 Density Standards
(1) Base Density. The number of density units for the parcel shall be determined in accordance
with Chapter 2, Section 5.2.
(2) Bonus Density.
An open space conservation subdivision that provides the minimum open space shall receive a
25%density bonus. The number of additional 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 pet butted is 75%.
The number of density units may be increased by the percentage indicated below if the
development complies with one or a combination of the criteria listed. Determination of
actual bonus densities shall be based upon findings of the Planning Commission and decision
of the City Council.
(A) Preservation of or establishment of woodlands and forests as identified by the
Minnesota Land Cover Classification System up to10%
(B) Preservation of agricultural lands (areas currently used for agriculture)—up to10%
(C) Protection of ecologically sensitive features, native plants and animals and their habitat
as identified by the Minnesota County Biological Survey and the City's
Comprehensive Plan up to10%
(D) Preservation of priority scenic views as identified by the City, especially as viewed
from public roads and property up to10%
(E) 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 up to10%
(F) Restoring native habitat or implementing open space stewardship practices as
recommended by the City's ecologist based on the ecologist's field analysis up to
10%
6.8 Residential Lot Requirements: Not withstanding more restrictive requirements of the zoning district
in which the OSCS is located, the following standards shall apply:
Minimum Lot Size 1.5 Acres
Buildable Area 1.0 Acre
Principle Setbacks
• Front lot line 30 feet
• Side lot line 15 feet
• Rear lot line 30 feet
Accessory Building Setbacks
• Side lot line 15 feet
• Rear lot line 10 feet
City of Scandia Development Code DRAFT FOR DISCUSSION JULY 6,2010 Chapter 2,Section 6 Page 4
Maximum Lot Coverage 35%
Maximum Building Height 35 feet
6.9 Ownership and Management of Open Space
(I) The uses within the open space shall be accessible to the residents of the development. These
uses may also be available to the general public providing the proper approvals are received.
(2) The minimum open space required per this section shall be subject to a permanent
conservation easement and used for the purposes defined by this Development Code.
(3) Conservation easements for common open space areas shall be held by the Minnesota Land
Trust, or another non-profit organization acceptable to the City. The applicant shall be
required to compensate the organization holding the conservation easement for services the
organization provides to monitor and manage the easement.
(4) The designated open space and common facilities may he owned and managed by one or a
combination of the following:
(A) Homeowners' Association
(B) Non-profit Organization
(C) The City, 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.
6.10 Homeowners' Associations
(1) A Homeowners' Association shall be established if open space or any common facilities are
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 city as part of the items submitted for the preliminary plat. 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;
(B) 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;
(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.
City of Scandia Development Code DRAFT FOR DISCUSSION JULY 6,2010 Chapter 2,Section 6 Page 5
(E) The conditions and timing of the transfer of ownership and control of land or facilities
to the Association or to common ownership;
(F) The management of collector sewage treatment systems
(G) Any other matter the developer deems appropriate.
City of Scandia Development Code DRAFT FOR DISCUSSION JULY 6,2010 Chapter 2,Section 6 Page 6
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To: City Council and Reference: Development Code Updates
Planning Commission Open Space Conservation
Subdivision and PUD Drafts
Copies To: Anne Hurlburt, City Administrator
Dave Hebert, City Attorney Proj. No.: 14530.000
From: Sherri Buss Routing:
Date: July 1, 2010
Our meeting on July 6 will focus on the draft Open Space Conservation Subdivisions and PUD sections of
the Development Code. Key issues for the discussion are listed below.
6.0 Open Space Conservation Subdivisions (OSCS)
The revised draft (attached) incorporates the changes to this section that we discussed on June 1. Based on
that discussion, several items were deleted from the section because they are not needed or duplicate other
sections of the code (definitions, list of uses, neighborhood standards). Anne reorganized some sections to
improve the clarity and organization of the ordinance.
The key sections of the revised draft that we will focus on for this meeting are Sections 6.6 and 6.7, which
we did not discuss in detail at the last meeting. The items for discussion are highlighted on the draft
attached, and include the following:
• Minimum required open space shall be 55% of gross acreage (Section 6.6). Do you want to continue
to use 55% as the minimum requirement? Other communities in the Metro Area and adjacent areas
in Wisconsin vary from 50% to 70% as the minimum.
• An open space conservation subdivision that provides the minimum open space shall receive a 25%
density bonus (Section 6.7[2]). Do you want to continue to use 25% as the bonus for providing the
minimum amount of open space? Other communities we reviewed vary from 25 to 50%.
• Additional density bonus for meeting criteria listed in 6.7 (2). This section lists six criteria that could
be used to increase the density bonus above 25%. The current ordinance gives a flat 10%bonus for
meeting any of these criteria. Issues for consideration include:
o Are A-F the criteria you want to use? Any changes?
o Do you want to stay with the flat 10% for each item (current ordinance), or use the revised
"up to 10 percent" bonus suggested on the draft? How would this affect decision-making on
bonus points?
o Another option might include granting 5%, 10%, 15%, etc., for each item based on relative
importance.
o Do you want to add a maximum amount of total additional bonus density that any single
OSCS can receive? Many communities have a limit of 25- 50% for the total additional bonus
amount.
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Scandia, Minnesota
o If you change the base bonus that would be given for providing the minimum amount of open
space, the changed value should be considered as you identify the bonuses that could be
granted for meeting the additional criteria.
7.0 Planned Unit Development
This draft section clarifies a number of elements and significantly revises the PUD section in the existing
ordinance to better meet Scandia's needs (described in 7.1 Purpose). As you review this draft section, please
note the following:
• The draft clarifies that a CUP is needed for a Planned Unit Development
• PUD's would not be allowed in the Agricultural Zones
• Review sections 7.4-7.7, which include items that will be important as the Planning Commission and
Council review proposed PUD's