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HomeMy WebLinkAbout2015-308 - Development Rights OrdinanceCity of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015 -308 Motion By: Hank Seconded By: LaFave AN ORDINANCE AMENDING THE TEXT OF CHAPTER 10 OF THE CORCORAN CITY CODE, ENTITLED CORCORAN ZONING ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of Section 1040.020, Subd. 8 of the Zoning Ordinance (Urban Reserve District) of the Corcoran City Code is hereby amended by deleting the ,* G14ee material and adding the underlined material as follows: Subd. 8. Density Requirements. This Section identifies the maximum number of residential units or non - residential units that may be developed. The development rights program is intended to preserve a rural residential environment with active agri- businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran "Development Rights Map" on file at City Hall. A. Landowners shall be permitted one development right for each 10 acres of land accessing onto a paved roadway. B. Landowners shall be permitted one development right for each 30 acres of land accessing onto a gravel road. C. The existing farmstead or residence on properties accessing onto gravel roads and eligible for Agricultural Preserve is exempt from the density calculations in rural areas, if the farmstead or residence existed prior to July 1, 1981 and the subject parcel is a minimum of 40 acres in size. The minimum lot area may be reduced from 40 acres to 35 acres if the parcel is a quarter - quarter parcel reduced from the standard 40 -acre quarter - quarter parcel due to public road right -of -way or a perturbation in the rectangular survey system. D. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations. E. No lots or outlots shall be allowed to be created without development rights except in the following circumstances:- i) When aooroved as nnrt of nn — nnpn the development rights on the property. The following conditions apply to any such subdivision: Page 1 of 3 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015 -308 (1) No lots shall be allowed to be created without development rights (2) No more than one outlot shall be created without development rights (3) The landowner shall provide the City with written direction about how future development rights would be applied to the outlot and anv lots buildable until additional development rights are obtained through paving of the adjacent street. SECTION 2. Amendments. The text of Section 1040.030, Subd. 7 of the Zoning Ordinance (Rural Residential District) of the Corcoran City Code is hereby amended by deleting the striGkeR material and adding the underlined material as follows: Subd. 7. Density Requirements. This Section identifies the maximum number of residential units or non - residential units that may be developed. The development rights program is intended to preserve a rural residential environment with active agn- businesses. Development rights shall be calculated based on the total lot area and rounded to the nearest whole number. Development rights shall be as recorded on the official City of Corcoran "Development Rights Map" on file at City Hall. A. Landowners shall be permitted one development right for each 10 acres of land accessing onto a paved roadway. B. Landowners shall be permitted one development right for each 30 acres of land accessing onto a gravel road. C. The existing farmstead or residence on properties accessing onto gravel roads and eligible for Agricultural Preserve is exempt from the density calculations in rural areas, if the farmstead or residence existed prior to July 1, 1981 and the subject parcel is a minimum of 40 acres in size. The minimum lot area may be reduced from 40 acres to 35 acres if the parcel is a quarter - quarter parcel reduced from the standard 40 -acre quarter - quarter parcel due to public road right -of -way or a perturbation in the rectangular survey system. D. Additional development rights may be granted to landowners that develop the property as part of an Open Space Preservation plat, as permitted by the Subdivision Regulations. E. E,ll ept as etheicwi6e app. ed as ...1 of an Open Spase PineseFVatiOR Plat, No lots or outlots shall be allowed to be created without development rights -, except in the following circumstances: i) When approved as part of an Open Space and Preservation (OS &P) Plat as allowed by Section 940 of the Subdivision Ordinance ii) When the property is located on a gravel road where future paving would increase the development rights on the property. The following conditions apply to anv such development rights would be applied to the outlot and any lots Page 2 of 3 City of Corcoran July 23, 2015 County of Hennepin State of Minnesota ORDINANCE NO. 2015 -308 (4) The landowner shall prepare a restrictive covenant that shall be reviewed and approved by City and filed against the property indicating that the outlot is not buildable until additional development rights are obtained through paving of the adjacent street. SECTION 3. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE ® Guenthner, Ken ® Hank, Pat ® Keefe, Mike ® LaFave, Tonya ® Thomas, Ron VOTING NAY ❑ Guenthner, Ken ❑ Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya ❑ Thomas, Ron Whereupon, said Resolution is hereby declared adopted on this 23rtl day of July 2015. Kenneth Guenthner - Mayor ATTEST: Je sica Beise — City Clerk/Administrative Services Coordinator Page 3 of 3 City Seal