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6.a)2)a. Development Code Updates i �- %��J �r� �� ^P !� 6 '� �f t T KDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101 (651)292-4400 The right time.The right People•The ri�t camP�F (651)292-0083 Fa�c www.tkda.com MEMORANDUM 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 �G 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 S i l�l �M fl C iti*� C���,v��� ���, ,�r�✓� v�� s D Vc� � / • 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. �,c� �,,�����:v��o�1 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. �j►''O�l�lt'.r �/J bl��CS-� j� 0�'�'� S�'Ac.P 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 clariry. 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 rev= introductory para�naph and list of purposes that connects the section mare 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: O�CS rnust meet one or more of the following��es�es: �;(.� ��t�ll�`� �I �1 C� L'��,� = f�►�s � �o #� C��-� ►�� 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 corridars for the long term health of plant and animal communities. 3. Preserve large blocks of land for agricultural use and open space. — �e���1 , ,� �l'������j c ��' ��� 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 Applicabilitv • This section has been revised to be consistent with the recommendation in the Comprehensive Plan to allow OSCS in the Agicultural 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 reyuirements. 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 Densitv Standards • We have updated the chart indicating the minimum development size to reflect the districts where OSCS are allowed in the Comprehensive Plan. 1�(� �;,� �>a� � C�>i-� (�r/�- • 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 mare 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, ar 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 a roved in Tii Gavo Minimum lot size 1.5 acres 1.0 acres Buildable area 1.0 acres No minimum size identified Buildin 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.