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HomeMy WebLinkAbout2022-448 Urban conservation Subdivision DENYCify of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2022-448 DENIED Motion By: Schultz Seconded By: Bottema February 10, 2022 AN ORDINANCE AMENDING THE TEXT OF TITLE IX (SUBDIVISION ORDINANCE) AND TITLE X (ZONING ORDINANCE) OF THE CORCORAN CITY CODE TO ALLOW URBAN CONSERVATION SUBDIVISIONS (CITY FILE 21-011) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Title IX (Subdivision Ordinance) of the Corcoran City Code is hereby amended adding the new underlined text as follows: The purpose of the urban conservation ordinance is to preserve open space in the Metropolitan Urban Service Area (MUSA). Urban conservation plats provide developers with added flexibility in designing plats and incentives to voluntarily protect, preserve, enhance or restore open space and natural resources on their property. 941.20 — iectives of Division and Definitions. The objectives of this division are to: A. Preserve omen space for the benefit of Corcoran residents. B. Preserve natural resources as identified in the Comprehensive Plan. C. Preserve permanent natural habitat and vegetated corridors for the shelter and movement of diverse wildlife. D. Allow greater flexibili in the design of residential developments in order to create a more esthetically pleasing visual impact than standard development particularly along arterial roadways and with respect to abutting properties. E. Provide economic incentives to land owners to preserve, protect and/or restore high quality woodlots and other identified natural resources areas. F. Accomplish the objectives of the comprehe throu h the use of incentives. nsive plan in a volunta manner G. Preserve views to the open space from each building unit and from off -site vantage aoints to the maximum ossible. Page 1 of 10 City of Corcoran County of Hennepin State of Minnesota H. Locate nei hborhood recreatio ®RDINAIVCE NO. 2022-448 nal open spaces such that th February 7 0, 2022 ey are an integral art of the neighborhood, are suitable for the protected demographic makeur of residents, are at an elevation appropriate to their intended recreational use, have boundaries that are clearly defined and are acce neighborhood re sidents from a public street ortrail. ssible to all I. Locate lots to preserve woodlands, farmland or other natural features or character, including places of historic, archeolo ical or cultural value. Preserve natural resources as identified in the Comprehensive Plan to the maximum extent possible in a contiguous, connected configuration. Natural open bluffs spaces ma sensiti include, but are not limited to, fields, wetlands, slopes, woods, lakes, ponds, streams, shore lands, and other environmental) ve areas. Subd.1. Urban conservation plats are subject to the standards in this section, which provide design and development incentives in exchange for preservation open space. Subd 2. All land designated as map plat. Low Density Residential on the 2040 Future Land Use and zoned either RSF-2 or RSF-3 is eligible to apply for an urban conservation Subd 3. Any urban conservation plat can develo 941.40 —Procedure. Subd. 1. Urban cons in phases based on the approved plat. ervation developments shall be approved through the subdiv rocess. All procedures for a sta and subdivision as provided in Section 930 and Section 935 of the Subdivision Ordinance shall be followed for each type of urban conservation plat applications with the addition of the following: A. A _pre -application meeting with the City in order for all parties to be madefull aware of any procedures, policies, or other issues regarding the plat. B. Preliminary Plat. Following the pre -application meeting with the City theapplicant shall submit a preliminary plat. All information required to be submitted in Section 930 is required to be submitted with any urban conservation application, with the addition of the following: 1. A resource inventory presented on an aerial photograph at a scale of no less than one inch equals 200 feet, including the following: a. Vegetation inventory identif�nq the _ boundaries of woodland areas and identifying stand-alone eneral cove r types ' fininq trees of a si Page 2 of 10 City of Corcoran County of Hennepin State of Minnesota February 10, 2022 ORDINANCE No. 2022-448 and species identified in the City preservation and restoration standards as significant. b. Trees or wooded areas to be removed for streets, drives, buildings drainage or other purposes shall be identified. c. Visual resources, showing views and public areas, as well as view onto the tract from surrounding streets s within the tract. d. Description of the historic character of buildings and structures, historically important landscapes, and known archeological features. e. Context, including general outlines of existing buildings, land uses, and natural features such as water bodies or wooded areas, streets and property boundaries within 100 feet of the tract. 2. A calculation of the proposed open space or preservation in the alat. 3. A narrative from the applicant as to the rationale behind the proposed layout and open space. 4. An itemized list of all documents, agreements and actions necessar to be completed prior to r with a conservation ecording of the plat, including land area to be protected easement as open space or park dedication, the number and size of lots. This shall include all applicable homeowners' association conserve documents (if an including bylaws, deed restrictions, covenants, and proposed easements, prepared or approved by the holder of the conservation easement. 5. If a conditional use permit is required for the project, it shall be reviewed and rocessed concurrently with the preliminary plat. C. Final Plat. Following approval of a preliminary plat, the applicant shall submit a final lat application. All information required to be submitted in Section 935 is required to be submitted and will be processed accord 941.50 — ing to the stan dards in Section 935. Subd. In Urban conservation or restoration plats shall comply with the follow standards: ing minimum A. Land area. Page 3 of 10 City of Corcoran County of Hennepin State of Minnesota ORDINANCE No. 2022-44t$ 1. A minimum of 2O acres is required to be eligible for an urba r an urban conservation plat a mini mum of 25% perce February 70, 2022 n cons ervation plat. nt of the gross land area of the development site shall be dedicated as preserved open space. Unless deeded to the City as public park, open space must be protected by a conservation easement or deed restrictions in favor of the City. The preserved upland areas may include wetlands or other water features but only upland I will be used to calculate the 25% land area re B. .Open space developmen conservation plan shall meet the following criteria: t standards. Open space to be uirement. 1. When the Natural Resource Inventory Map in the Cor identifies a natural feature, that must be part of the pr The required open s feature shown on the map. Where multiple natural feature areas exist on the site, the applicant may not be required to required to maximize the preservation of the highest qualit the City's discretion. reserved within an urban rehensiv eserved open space area. ace must include preservation of the area of the natural 2. Open space required to be preserved to mee preserve all such areas, but shall be wooded area. in ervation plat requirements may be used to meet the park dedication requirements of the Subdivision Ordinance only wlien each of the following circumstances are present: a. The applicable o t the urban cons en space is preserving signi shown on the Natural Resource Inventory Mai ficant natural features as and the open space is shown as park land in the Comprehensive Plan or the Citv chooses to accept the applicable open space as park land; and b. The applicant must pr ovide trails for public use within the open space. The trails will be constructed at the applicant's cost but the trails within land dedicated to the City will be maintained by the City, after City acceptance of the same, and according to the adopted City policy. c. In areas of the applicable open space which are not covered by an existin natural feature as identified by the Natural Resource Inventory Map, the applicant must restore said areas with native ees restoration plan must be approved by the Citv as part of the preliminary plat application. Page 4 of 10 City of Corcoran County of Hennepin State of Minnesota February 10, 2022 ORDINANCE NO. 2022-448 ere open space is not deeded to the public, the applicant shall pro ublic access to the open space for all members of the association. vide 4. Where trails through private open space are provided for public use, the applicant shall provide a trail easement to the City, in a form satisfactory City. Park dedication may be qranted for the net trail easement area. to the 5. Open space shall be in of no more than two non-contiguous pieces. For the purposes of this division open space that is divided by a local street shall be considered Conti uous. 6. Open space shall be maintained free ofnoxious weeds, litter or debris. 7. Omen spaces shall be protected by the placement of a permanent co easement, covenant or deed restriction in favor of the City, in a form satisfacto to the City, over the open space. nservation 8. Open space shall be owned by a homeowners' association unless deeded to Me City as public open space. The Citymayapprove ownership by a land trust or similar legal entity 9. A preservation, restoration and management plan shall be prepared fo space land for r application. eview and approval by the City as part of the prelimina ropen ry plat a. This Ian ma include areas ro osed for interim a ricultural uses as well restoration plans should aq b. The City Council may, performance of restora riculture cease o n the site. at its discretion, require financial tion. seedina. cuttina or Dlantina. uarantees of c. Where land remains in the ownership of the applicant or an association the Cit�ay inspect the property at any time to ensure that provisions of the management plan are being implemented. An changes to the management plan must be approved by the Citv. C. Municipal Utilities. All development must be serviced bv_ municipal sanita and water. sewer D. Dimensional regulations and Development standards. The dimensionalrequlations for open space preservation plats must comply with the following standards: Page 5 of 10 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 1. Mini information to show that homes can comply with the setbacks in the followin 2022-448 February 7 0, 2022 mum lot size. There is no minimum lot size. The applicant must provide section. 2. Building setbacks. The minimum building setbacks for all principal structures and Dorches be as follows: a. Front (all property lines abutting a street): 20 feet (unless adjacent to a Major Roadway, which has minimum setback of 100 feet). Driveways must rovide a mini b. Side: 5 feet. c. Rear: 20 feet. mum of 22 feet between the right-of-wa d. From the perimeter of the project boundaries: 30 feet 3. Street standards. Street standards shall com Standards) of the Subdivision Ordinance. andaaraae. ly with Section 945 (Design 4. Accessory structures (such as gazebos, benches and lay equipment) forthe benefit of the neighborhood shall be allowed on preserved open space lots ut a principal structure as approved by the City Council through a Site Plana lication. Such structures shall be maintained by the homeowners' ai ssociaton unless the land has .public park. been deeded to and accented b the Ci tv as 5. Development must comply with the Design Requirements in Section 1040.040 Subd. 8 and Section 1040.060 Subd. 9 of the Zoning Ordinance, except that the garage standards in Section 1040.040, Subd. 8.13.1 shall notapply. 6. All lots shall front a paved street, internal to the site. 7. Connect individual home sites with pedestrian corridors or sidewalks to larder _open spaces and places of destination on -site and off -site. Open spaces should be accessible to pedestrians at roughly 500-foot intervals along public roadways. Pedestrian corridors between lots shall be at least 50 feet in width and buffered from view of adjacent properties. 8. Common areas should be planted with native vegetation with high wildlife conservation value. Page 6 of 10 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2022-448 E. Permitted Uses. In addition to the uses the following are permitted: 1. I n the RSF-2 district: a. Permitted Use dwellings. February 10. 2022 ermitted in the applicable zoning district s. Permitted uses allowed in the RSF-2 district and two-famil b. Accessory Uses. Accessory uses allowed in the RSF-2 district. c. Conditional Uses. Conditional uses allowed in the RSF-2 district, subject the conditional use process and standards in the ordinance. d. Interim Uses. Interim uses allowed in the RSF-2 district, subiect the interim use process and standards in the ordinance. e. Administrative Permit Uses. Permitted uses allowed with an Administrative Permit in the RSF-2 district subiect the administrative permit arocess and standards in the ordinance. 2. In the RSF-3 district: a. Permitted Uses. Permitted uses allowed in the RSF-3 district and two-famil� dwellings. b. Accessory Uses. Accessory uses allowed in the RSF-3 district. c. Conditional Uses. Conditional uses allowed in the RSF-3 district, subject the conditional use process and standards in the ordinance. d. Interim Uses. Interim uses allowed in the RSF-3 district, subject the interim use process and standards in the ordinance. e. Administrative Permit Uses. Permitted uses allowed with an Administrative Permit in the RSF-3 district subiect the admin standards in the ordinance. shi a�ive Operation and maintenance requirements for residential subdivision common open space facilities shall be as pr areas or structures are provided within the subdivision for private recreational ovided in this division. Where certain land use or as common service facilities, the owner of such land and buildings shall Page 7 of 10 City of Corcoran County of Hennepin State of Minnesota rovi February 7 0, 2022 ORDINANCE NO. 2022-446 de covenants as approved by the City to ensure their continued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one or more of the following, dependin upon which is more appropriate, in the d A. City. Upon approval of the City, public where a community -wide disc of t he City: to the gated. This I be used to satisfy the park dedication requirements upon satisfaction of Common Areas may be ded seasaCit icated ark would be antici the requirements set forth in this division above. B. Homeowners' associations. Upon the requirement of the Ci .association shall be established to maintain all or a portion o open space and recreational_ facilities, excepting those r, a homeowners' f the preserved facilities which are dedicated to the City for public purposes. Such homeowners' association management agreemen be e Homeowners' association management a aie o reements are sua�ect to the approval of the City and shall include the foil 1. The agreement shall include a legal description of the common lands facilities and open space or conservation areas. 2. Membership in the association shall be mandatory for all purchasers of s in the development and their successors, 3. The agreement shall include restrictions placed upon the use and enjoyment of the lands Or facilities, including the persons Or entities entitled to enforce the restrictions. 4. The agreement shall include a mechanism for resolvin the owners or association members. disputes amonc 5. The agreement shall provide standards for scheduled maintenance of open spaces, buildings and facilities. The association must be I taxes. responsible for liability insurance and loca 6. The agreement shall provide a plan .guaranteeing continuing maintenance of open spaces that shall be subm data requirements for an open space development. 7. The agree fitted to the City Council as part of the ment_shall include a mechanism to assess and enforce the taxes common expenses for the land or facilities, including upkeep and maintenance expenses, real estate and insurance premiums. Page 8 of 10 City of Corcoran County of Hennepin State of Minnesota February 10, 2022 ORDINANCE NO. 2022-448 8. The agreement shall include the conditions and timing of the transfer of ownership and control of land or facilities to the association or the common ownership. 9. The homeowners must ay their pro rata share of associated costs and tMt assessent levied by the association shall becoe a li mmen on the roperty in accordance with the law. 10. The association must be able to adjust the assessment to meet chanq,ed circumstances and needs. 11. Any proposed change in the management plan, articles of association or incorporation, and anv change which alters or removes common area maintenance obligations shall requirethe prior written approval of the City_ 12. Any other matters the a included, licant or Citv deems a ropriate shall be SECTION 2. Amendment of the Cit Code. The text of Chapter 1040.045, Subd. 2 of the Zoning Ordinance Of the Corcoran City Code is hereby amended by deleting the J+rink. material and adding the underlined material as follows: J_ . _Urban Conservation Plats as allowed by Section 941 of the Subdion Ordinance. SECTION 3. Amendment of t Code. The text of Chapter 1040.050, Subd. 2 of the Zoning Ordinance of the Corcoran City Code is hereby amended by deleting the �,--material and adding the underlined material as follows: E. Urban Conservation Plats as allowed by Section 941 ofthe Subdivision Ordinance. SECTION 4. Effective Date This Ordinance shall be in full force and effect upon its adoption. Page 9 of 10 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2022-446 ADOPTED by the City Council on the 10th day of February zuzz. VOTING AYE ❑ McKee, Tom ® Bottema, Jon ❑ Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean ATTEST: February 70, 2022 VOTING NAY � McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean Tom McKee - Mayor City Seal Jessica Beise —Interim City Administrator Page 10 of 10