6.a)1) Open Space Conservation Subdivision � . �.� ,�
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 develo�ment;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 AnnlicabilitX 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 pernutted
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
63 Annlication 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.
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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 Pernut and Preliminary Plat Application.
(A) A conditional use pernut 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 pernut shall be subject to the general
criteria stated in Chapter One, Section 8.4, and the deternunation 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 DRAFi'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 en ure completion
of common facilities,trails and landscaping shall be provided.� �(ha��-(/L 1, - `�����
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6.4 Minimum Develo�ment 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 S.pace Requirements
(1) Open space shall be designated as part of the development. The minimum required oper�
space shall be 55%of the gross acreage of the development. i{ �►-�2� S4o��� �� ,„l ��
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(2) T he require d open space s ha l l be un divi de d an d restricte d from f u rt her deve lopmen t
(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 Densitv 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. ��'�,�ti�✓�5 C�P�-���'��� ; ��'�
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, c��;c�(�n✓� (Ar�
and c�itural features. The maximum bonus pernutted 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. Deternunation 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 to�'BI%
Cb,�r,(�,� (B) Preservation of agricultural lands(areas currently used for agriculture)–uistal9% a���
(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 to�o a 5�1r
(D) Preservation of priority scenic views as identified by the City,especially as viewed
from public roads and property—up to 10%
(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, �/�r��
planned parks and trails,and areas under conservation easement up to10% n�p,.,� '�-Q �
V�i �(F) Restoring native habitat or implementing open space stewardship practices as �
��� _ recommended by the City's ecologist basnd on the ecologist's field analysis—up to
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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: C,,� �15�r�� �I-�<�[`1 vPs V�°�
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Minimum Lot Size 1.5 Acres
Buildable Area 1.0 Acre
Princi le Setbacks
• Front lot line 30 feet
�+ Side lot line 15 feet
� Rear lot line 30 feet
Accesso Buildin Setbacks
• Side lot line 15 feet
• Rear lot line 10 feet
City of Scandia Development Code DRAFT FOR DISCUSSION JULY b,2010 Chapter 2,Section 6 Page 4
.
Maximum Lot Covera e 35%
Maximum Buildin Hei ht 35 feet
6.9 Ownership and Management of OQen Space (�-�-��� �p�o� ,� ��r��m�� ._ ` _S
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(1) The uses within the open space shall be accessible to the res�dents�bf 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 be 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-.OS)
(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.
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(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.
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