HomeMy WebLinkAbout2018-10-11 Work Session Agenda Packet CITY OF CORCORAN
Council Work Session Agenda
October 11, 2018 - 5:45pm
1. Call to Order / Roll Call
2. Development Rights and Open Space and Preservation Plats*
3. Unscheduled Items
4. Adjournment
*Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by
Door.
TO: Corcoran City Council
FROM: Kendra Lindahl, Landform
D ATE: October 3, 2018 for the October 11, 2018 City Council Work Session
RE: Discussion of changes to the Development Rights Program and Open Space &
Preservation Plats (City File 18-014)
60-DAY REVIEW DEADLINE:N/A
1.Background
Corcoran uses a development rights program as a method of managing development density in rural
areas and Metropolitan Urban Service Areas (MUSA) where municipal services are planned but
have not yet been provided. Council asked staff to review the development rights policy and the
Open Space & Preservation Plat ordinance to understand opportunities for making it easier for
property owners to develop their land.
This item was scheduled for the August 9, 2018 work session but was tabled after the session was
cancelled.
At the September 28th City Council meeting, the Council directed staff to modify the development
rights program to allow 1 unit per 10 acres regardless of street pavement status.
The Council also spent considerable time discussion OS&P options. Generally, the Council agreed
the basic concepts in the program should be maintained, but further discussion was warranted on
several issues including:
•Street standards (pavement required? Curb & gutter or add a new standard for public streets
with ditches?)
•Open Space preservation – permanent or until municipal sewer are provided?
•Consider different standards for OS&P developments in the UR district versus the RR district
•Should they require a rezoning to PUD or allow as a CUP with standards?
•How much open space should be required to be preserved and how much should be upland
(not wetland)?
•Sidewalks are currently required in all subdivisions—should the City have different standards
in the RR district (standard and/or OS&P)?
•How do we preserve significant natural features and other important land areas?
Agenda Item: 2
2. Analysis
Development Rights Program
The Council directed staff to modify the ordinance to change the development rights standards to
allow 1 unit per 10 acres regardless of pavement status. The redlined versions of the potential
changes to the UR and RR district standards are attached to this staff report.
The Council should review and direct staff to schedule a public hearing at the Planning Commission
to consider the ordinance changes.
Open Space & Preservation Ordinance
Density Bonuses
Generally, the Council indicated that the current density bonuses were appropriate:
A. Standard Plat: 100% of development rights.
B. OS&P with no permanent preservation or restoration: Lots clustered and in acceptable
lot sizes to accommodate private septic system and a minimum of 25% of gross land
area shall be preserved or restored and of that 50% shall be upland area. = 150% of
development rights.
C. OS&P with permanent preservation and or restoration: Lots clustered and in
acceptable lot sizes to accommodate private septic system and a minimum of 25% of
gross land area shall be preserved or restored and of that 50% shall be upland area. =
200% of development rights.
D. OS&P with permanent preservation and or restoration and other provisions as
required in “C” with community well and septic under a PUD = 300% of development
rights
However, there was discussion about whether the ordinance should require permanent preservation
or simply to require preservation until municipal sewer and water are provided. The Metropolitan
Council provides regional planning for the 7-County Metropolitan Area and they have designated
Corcoran as “Diversified Rural”, which are areas located adjacent to Emerging Suburban Edge of
MUSA where the region will “protect rural land for rural lifestyles today and potential urbanized levels
of development sometime after 2040”. At the May 18, 2017 Comprehensive Plan Work Session, the
City Council directed staff to accept this designation for the 2040 Comprehensive Plan efforts.
The current OS&P Ordinance does not comply with the Metropolitan Council policies for the
Diversified Rural Areas, which does not allow for permanent preservation of land. The OS&P
ordinance allows land to be temporarily or permanently preserved, and the developer is essentially
allowed to develop at a greater density than 1 unit per 10 acres. While the Metropolitan Council’s
policies support increased clustered density, they do not support permanent preservation of land.
Metropolitan Council allows increased density via a “Flexible Development” policy. The reasoning
behind this is that if the property owner chooses to subdivide the property with temporary
preservation, further development of land is possible on the land in the future. This strategy gives
the community and land owners the option to allow land to be preserved for future development and
immediate preservation of natural resources.
• The Council should discuss the option of either:
1. permanent open space preservation, which will preclude future subdivision for
landowner, or
2. temporary preservation, which can preserve open space and rural character, but will
allow future subdivision when municipal sewer and water are available.
Street Standards
In 2004, the City Council adopted new Subdivision and Zoning standards which were intended to
encourage quality development and establish minimum development standards. As part of that
discussion, the Council affirmed that all new public streets would be paved. Last week, the Council
reaffirmed. However, there was some discussion about street standards.
The Public Works Director will provide a summary of the staff recommendations and examples of
different options at the Council Work Session. Staff recommends no changes to the street section,
which we believe is the minimum standard to ensure that the pavement and road bed survive with
minimal maintenance. However, some discussion about curb and gutter versus ditches is
warranted. Developers suggest that curb and gutter add significant costs to street construction and
staff will provide cost estimates for the two options.
There are aesthetic considerations, cost implications and maintenance costs associated with both
options. We will be prepared to discuss at the work session.
Should there be different standards in UR and RR?
All OS&P developments are subject to the same standards regardless of whether they are in the UR
or RR zoning district. Should the design standards be different?
It is staff’s opinion that the smaller lots anticipated, the increased density and the possible future
extension of municipal sewer and water in both areas warrant an urban street section with curb and
gutter and sidewalk. However, the Council may find that to be true in the UR district, which is in the
MUSA, but not in the RR district depending on how the other issues are addressed.
• Provide direction to staff
Planned Unit Development
An OS&P will be approved by a preliminary plat and final plat. However, if the plat deviates “from
minimum lot size and/or the use of off-lot septic or well or community septic or well” it requires a
PUD. There is no minimum lot size, but there is a minimum lot width and staff assumes that is what
is referenced here (this should be corrected in an ordinance update).
If a PUD is requested, the property must be rezoned to PUD and then the preliminary PUD plan
must be processed with the preliminary plat and a final PUD plan must be processed with the final
plat.
• Is this the right process?
o It is too easy with too little discretion with just a plat?
o Is it too difficult as a PUD?
o Should all be processed as a conditional use permit?
Open Space Standards
The current Ordinance allows property owners to increase their development rights if they develop
under the City’s Open Space & Preservation (OS&P) Ordinance. Under this Ordinance the
developer may double or triple the number of units allowed on a site. The current ordinance
(approved in 2011) requires that only 25% of the land on the property be preserved (permanently or
temporarily) as open space, with 50% of dedicated open space preserved as upland.
The previous ordinance required 50% of the land to be preserved as open space and 50% of that
area be upland. The Summerhill development meets this standard by providing 52% open space (30
acres, 18 of which are upland). The approved site plan is attached along with a copy of the Refuge
at Rush Creek OS&P plan approved last month.
• Is the current ordinance providing enough open space?
• Is the current ordinance providing enough usable/upland open space?
The definition of upland found in Section 915 of the City Code is “land not classified as a wetland or
water body and is generally dry.” Section 940.050, Subd. 1(A) 3 of the City Code allows wetland
restoration to be credited towards the required upland. “Wetland restoration (including abandonment
of legally tiled areas) will be credited towards the 12.5% upland. One acre of restored wetland shall
equal one acre of upland.” This language confusing and has been difficult to interpret on recent OSP
applications and should be addressed as part of an ordinance update. It is not clear why the City
would allow wetland restoration to count as upland.
• In order to provide meaningful open space, staff recommends that the ordinance be
amended to require a percent of the open space to be true upland and eliminate this section
which allows wetland restoration (water) to count as open space.
The 2011 Ordinance allows OS&P plats for land in greenway corridors, land with natural resources,
or areas that are identified as “target areas” by the City. The ordinance also allows Council to
approve OS&P plats if permanent preservation or restoration is proposed.
• Should the City establish standards to ensure that meaningful natural areas are preserved?
• Should the City allow OS&P development if no significant natural resources areas are
preserved?
• The Council should discuss what benefits to the City the OSP development provides and
then direct staff to develop standards to ensure that developers meet them. Some examples:
o Preservation of natural features
o Preservation of prime farmland
o Higher quality building architecture
o Higher quality landscaping
o Restoration of native prairies
Taxes
Council member Schultz asked about the tax implications of an OS&P development, including the
open space. The primary tax benefit to an OS&P is that the number of homes allowed on the
property are doubled, thereby, essentially doubling the tax capacity on those residential properties.
City Administrator Martens researched the issue and learned that open space in the conservation
easement is not taxable as it is part of the HOA. However, the City Assessor has indicated that if it
is farmed it is taxable.
3. Action
Provide feedback to staff about the issues related to development rights and OS&P developments.
Attachments
1. Redlined Changes Regarding Development Rights
2. Current OSP Ordinance
3. Approved Summerhill OSP Development Plan
4. Approved Refuge at Rush Creek Development Plan
5. Letter from Chris Rains
Section 940 (Open Space and Preservation Plats) Page 44
January 25, 2018
SECTION 940 – OPEN SPACE AND PRESERVATION (OS&P) PLATS
940.010 – PURPOSE OF DIVISION.
The purpose of Open Space and Preservation plats (OS&P) is to minimize acreage used in
developments that are approved prior to availability of urban services and to improve and
preserve wildlife habitat, quality of life and land values within the City through economic
incentives to preserve high quality woodlands, interconnected vegetated corridors,
agricultural land, open space, and other significant natural features as identified in the
Comprehensive Plan. OS&P plats provide owners within the rural residential zoning
district with added flexibility in designing plats as well as incentives to voluntarily protect,
preserve, enhance or restore natural resources on their property. OS&P Plats includes
three application types beyond the basic development type, based on the amount of
permanently preserved open space. Each application type includes some development
right bonus. In addition to encouraging natural resource preservation and restoration,
OS&P plats are intended as a means of facilitating an orderly and economically viable
transition to eventual development with urban services.
940.020 – OBJECTIVES OF DIVISION AND DEFINITIONS.
Subd. 1. The objectives of this division are to:
A.Preserve natural resources as identified in the Comprehensive Plan.
B.Preserve permanent natural habitat and vegetated corridors for the
shelter and movement of diverse wildlife.
C.Preserve viable tracts of land for long-term agricultural use.
D.Allow greater flexibility 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. Create cohesive neighborhoods to establish local identity and increase
community interaction.
F.Reduce the costs of future public road and utility infrastructure through
designing to improve the efficiency of future connections and minimize
site restoration costs associated with future utility construction.
G.Provide economic incentives to land owners to preserve, protect and/or
restore high quality woodlots and other identified natural resources
areas.
Section 940 (Open Space and Preservation Plats) Page 45
January 25, 2018
H.Accomplish the objectives of the comprehensive plan in a voluntary
manner through the use of incentives.
940.030 APPLICATION TYPES.
Subd.1. Four application types are available, three of which are an OS&P
development with development right bonuses as indicated below:
A.Standard Plat: 100% of development rights.
B.OS&P with no permanent preservation or restoration: Lots clustered and
in acceptable lot sizes to accommodate private septic system and a
minimum of 25% of gross land area shall be preserved or restored and of
that 50% shall be upland area. = 150% of development rights.
C.OS&P with permanent preservation and or restoration: Lots clustered
and in acceptable lot sizes to accommodate private septic system and a
minimum of 25% of gross land area shall be preserved or restored and of
that 50% shall be upland area. = 200% of development rights.
D.OS&P with permanent preservation and or restoration and other
provisions as required in “C” with community well and septic under a
PUD = 300% of development rights
Subd 2. Lands within the Greenway corridor as identified on natural resource maps
in the Comprehensive Plan qualify for OS&P plats. Other areas have been
identified as target areas by the City within the MUSA and in rural residential
areas. These areas are indicated on overlay natural resource maps attached
to the Comprehensive Plan. A parcel outside one of these categories may
apply for permanent preservation or restoration and, if the proposed
permanent preservation or restoration is approved by the City, receive the
applicable development right bonus as approved by the City. Preservation
and restoration areas shall follow the City’s adopted Design Standards for
Preservation and Restoration lands.
Subd 3. Any Application type can develop in stages based on the approved plat.
Subd 4. A Planned Unit Development (PUD) will be required for any application type
that proposes a deviation from minimum lot size and/or the use of off-lot
septic or well or community septic or well.
Section 940 (Open Space and Preservation Plats) Page 46
January 25, 2018
940.040 – PROCEDURE.
Subd. 1. All procedures for a standard subdivision as provided in Section 930 and
Section 935 of the Subdivision Ordinance shall be followed for each type of
open space preservation plat application, with the addition of the following:
A.A pre-application meeting with the City and potential easement holders
in order for all parties to be made fully aware of any procedures, policies,
or other issues regarding the plat.
B.A sketch/concept plan shall be required that includes the following:
1.Classification by wetland type and acreage of all wetlands with and to
a distance of 100 feet beyond the boundary lines of such plat.
2.Vegetation of the site (pasture, woodlands, hedgerows, etc.) including
a general description of species of trees and a summary of the
approximate percent of each species and their size and stage of
maturity.
3.An outline of the land area to be designated as open space and its
proposed use as park, trail, temporary open space, permanent
preserve or restoration, or wastewater treatment area.
C.Data for preliminary plat. All information required to be submitted in
Section 930 is required to be submitted with any OS&P 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 identifying the general cover types defining
boundaries of woodland areas and identifying stand-alone trees of
a size 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 onto the tract from surrounding
roads and public areas, as well as views within the tract.
Section 940 (Open Space and Preservation Plats) Page 47
January 25, 2018
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, roads
and property boundaries within 100 feet of the tract.
2.A calculation of the proposed open space or preservation plat density
as determined by Section 940.070.
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 necessary to
be completed prior to recording of the plat, including land area to be
protected with a conservation easement as open space or park
dedication, the number and size of lots, areas proposed for
stormwater management and sewage treatment areas (primary and
secondary). This shall include all applicable Homeowners' association
documents (if any), including bylaws, deed restrictions, covenants,
and proposed conservation easements, prepared or approved by the
holder of the conservation easement.
940.050 – DEVELOPMENT STANDARDS.
Subd. 1. OS&P or restoration plats shall comply with the following minimum
standards:
A.Land area.
1.Minimum gross acreage is determined based on a wastewater
treatment plan. On-site treatment will require appropriate setbacks
and a primary and secondary wastewater treatment/disposal site.
2.Under an OS&P with no permanent preservation or restoration, land
not used in the development may be retained by the owner and any
successor in interest, subject to a covenant with the City that such
land may not be developed until such time as urban sewer service is
provided and at such time shall be subject to development standards
with urban densities. Continued agricultural use shall be permitted
until such time as sewer and water are available and orderly urban
development occurs.
Section 940 (Open Space and Preservation Plats) Page 48
January 25, 2018
3.Under an OS&P plat a minimum of 25% percent of the gross land area
(of no more than two pieces) of the development site shall be
dedicated as preserved open space (either temporary or permanent).
Permanent open space must be protected by a conservation easement
or deed restrictions in favor of the city. Of that amount, 50 percent
(net 12.5%) shall be upland area. Wetland restoration (including
abandonment of legally tiled areas) will be credited towards the
12.5% upland. One acre of restored wetland shall equal one acre of
upland.
B.Open space development standards. Open space to be permanently
preserved or restored within an OS&P plan shall meet the following
criteria:
1.Open spaces shall be protected by the placement of a conservation
easement, covenant or deed restriction in favor of the City over the
open space.
2.Open space shall be owned by an individual, a homeowners'
association, the City or other legal entity that will use the land for
open space purposes pursuant to a conservation easement or
covenant restricting additional development until urban services are
provided (only applies to open space in excess of required 25%). In
the case of private ownership of open space where public access is
desired, such as a trail crossing or other public purpose, the City shall
require that a public easement be provided over the open space area.
3.In the event that it is impossible to locate sufficient suitable building
sites to use the development rights generated by the property and
plat design, such rights may be transferred to an adjacent property,
within the city, so long as the development rights are used in a
development that also follows open space development standards and
does not exceed a 35% increase in development intensity compared
to the property without transferred-in development rights. A PUD will
be required for any OS&P desiring to transfer development rights.
4.A preservation, restoration and management plan agreeable to the
City shall be prepared and filed for open space land. This plan shall
include areas proposed for interim agricultural uses as well as
permanent easements.
a.The City Council may, at its discretion, require financial guarantees
of performance of restoration, seeding, cutting or planting.
Section 940 (Open Space and Preservation Plats) Page 49
January 25, 2018
b.Where land remains in the ownership of the developer or an
association, the City may inspect the property at any time to
ensure that provisions of the management plan are being
implemented.
c.The City shall adopt a model restoration and management plan
that may be adapted as appropriate to each situation.
C.Water and sewer systems.
1.Water may be provided by individual on-site wells, or by one or more
community wells in open space areas, meeting all State Department of
Health requirements.
2.Individual sewage treatment systems are required to be located on
each individual lot, except as otherwise approved by the City Council.
The developer must identify both primary and secondary locations for
City planning review. Permitting of individual septic systems shall be
through Hennepin County. Individual sewage systems shall not be
located on land with permanent preservation or restoration
easements or land dedicated to the City.
3.The City may approve a centralized wastewater treatment system and
smaller individual lots as part of a Planned Unit Development (PUD),
provided the applicant can show compliance with MPCA standards
and the City finds that the proposal would comply with PUD
standards, all City requirements and would have no adverse impact on
the environment or neighboring properties. The City will review the
following information as part of the plan review, but all permitting
shall be as required by the State of Minnesota. Centralized
wastewater treatment systems may be located in temporarily
restricted open space within an easement. This area shall not be
included in the land area designated as preserved or restored open
space. A sewage treatment system management plan must be
submitted to the city that must be reviewed and approved prior to
being recorded with the final plat. The plan shall clearly identify the
following:
a.The applicant must provide the following information to
support the proposed primary and secondary septic sites:
i.Hydrologic study prepared by a qualified individual for the
proposed septic site.
Section 940 (Open Space and Preservation Plats) Page 50
January 25, 2018
ii.A minimum of 4 soil borings on each primary septic site
and 2 soil borings on each secondary site.
iii.Percolation tests for the primary septic site.
iv.Well locations for the proposed development.
b.The applicant must provide a management (maintenance,
replacement and repair) plan for centralized wastewater
treatment system as approved by the City. The management plan
must be reviewed and approved by the City Council and recorded
with the final plat. The plan should clearly identify the following:
i.The ownership of the centralized wastewater treatment
system.
ii.An annual schedule for maintenance, inspection and
monitoring of the centralized wastewater treatment system.
iii.Assignment of responsibility for the management of and
payment for the centralized wastewater treatment system.
iv.Contingency plan in the event of failure of the centralized
wastewater treatment.
v.Financial guarantees, covering the estimated cost of
maintaining and replacing a centralized system.
vi.Provisions describing how the sewage treatment portion of the
system will be protected from vehicles, animals, humans and
other sources of risk.
vii.The name and license number of the system's designer.
viii.Provision for cost effective future connection of the
wastewater treatment system(s) to urban services within one
year after such services are provided at the boundary of the
development, with sufficient financial guarantees to ensure no
added cost to the City.
ix.If financial guarantees for any of the above provisions are part
of an association assessment or treasury fund, the City shall be
given access to annual audit records, at the expense of the
Section 940 (Open Space and Preservation Plats) Page 51
January 25, 2018
association, to ensure proper funding. If such guarantees are
the private responsibility of the developer, the City shall
require guarantees from the responsible individual(s).
D.Dimensional regulations and Development standards. The dimensional
regulations for open space preservation plats must comply with
standards of the underlying zoning district, but may vary from the
underlying zoning district dimensional regulations provided they comply
with the following standards:
1.Minimum lot size. The applicant must provide information to show
that a primary and secondary septic site can fit on the site or on
adjacent property in compliance with ordinance requirements.
2.The maximum lot area of each created lot shall not exceed two times
the minimum lot area for a single family dwelling in the zoning district
that is compatible with the land use category in which the property is
located
3. Building setbacks. The minimum building setbacks shall be as
follows:
a.Front: Front line of home shall be within 75’ of front property line
(unless adjacent to an arterial street, which has minimum setback
of 100 feet from major roads. Major Roadways are Principal
Arterial, A Minor Reliever, A Minor Expander Roadways and A
Minor Connector as shown on the 2030 Roadway Functional
Classification map in the 2030 Comprehensive Plan.).
b.Side, internal: 15 feet.
c.Side, street: 25 feet.
d.Rear: 25 feet.
4. Maximum impervious surface. Maximum impervious surface within
each lot shall be 25 percent.
5. Variations from the dimensional requirements for lot size, setbacks or
impervious surface may be approved with a PUD if the City Council
finds that the request is consistent with the PUD standards.
6. Street standards. Street standards shall comply with this article.
Section 940 (Open Space and Preservation Plats) Page 52
January 25, 2018
7. Accessory structures (such as gazebos, benches and play equipment)
shall be allowed on preserved open space lots without a principal
structure as provided for in the developer's agreement and approved
by the City Council.
8. A buffer zone of at least 100 feet shall be provided at the perimeter of
the developed area of the site abutting public streets. The buffer zone
shall be thickly planted with native grasses, shrubs and trees to
minimize land use conflicts.
E.Development design guidelines applicable to all OS&P developments with
no permanent preservation of open space:
1.All lots shall be clustered in a manner to create temporary open space
that will be held in a covenant for future development at the time
sewer is extended.
2.The temporary open space shall be contiguous land, or adjacent to a
similarly classified property, in order to facilitate future development.
3.A ghost plat shall be designed for all temporary open space areas at
the same time as the Preliminary and Final plat is review and
approved. The ghost plats shall indicate future access, internal road
network and connections and future lot layout.
4.All lots shall front a paved road, internal to the site.
F.Development design guidelines applicable to all OS&P developments with
permanent preservation or restoration of open space. Residential lots
should be designed to achieve as many of the following objectives as
possible:
1.Arrange lots around a central focal point such as:
a.A central green, boulevard or square.
b.A physical amenity such as a meadow, a stand of trees, a stream or
water body, or some other natural feature.
2.Locate lots such that at least 50 percent of the lots within a
neighborhood abut open space, or other amenity, on at least one side.
A local street may separate lots from open space.
Section 940 (Open Space and Preservation Plats) Page 53
January 25, 2018
3.Preserve views from each building unit and from off-site vantage
points to the maximum possible.
4.Locate neighborhood recreational open spaces such that they are an
integral part of the neighborhood, are suitable for the projected
demographic makeup of residents, are at an elevation appropriate to
their intended recreational use, have boundaries that are clearly
defined and are accessible to all neighborhood residents from a public
street or trail. Connect individual home sites with pedestrian
corridors or sidewalks to larger open spaces and places of destination
on-site and off-site. Open spaces should be accessible to pedestrians
at roughly 1,200-foot intervals along public roadways. Pedestrian
corridors between lots shall be at least 50 feet in width and buffered
from view of adjacent properties.
5.Locate lots to preserve woodlands, farmland or other natural features
or character, including places of historic, archeological or cultural
value. Preserve natural resources as identified in the Comprehensive
Plan to the maximum extent possible in a contiguous, connected
configuration. Natural open spaces may include, but are not limited
to, fields, wetlands, slopes, bluffs, woods, lakes, ponds, streams, shore
lands, and other environmentally sensitive areas.
6.Providing covenants to create an architectural theme to include items
such as landscaping, porches, side or rear loaded or detached garages.
A written narrative describing the architectural theme shall be
provided with the preliminary plat.
7.Locate houses and garages such that the garages do not dominate the
streetscape.
8.Locate septic systems on the most suitable soils for subsurface septic
disposal and in such manner as to provide for cost effective and least
disruptive future connection of the wastewater treatment system(s)
to urban services.
9.Landscape common areas and street rights-of-way with native
vegetation with high wildlife conservation value.
940.060 – OWNERSHIP OF COMMON AREAS.
Subd. 1. Operation and maintenance requirements for residential subdivision
common open space facilities shall be as provided in this division. Where
Section 940 (Open Space and Preservation Plats) Page 54
January 25, 2018
certain land areas or structures are provided within the subdivision for
private recreational use or as common service facilities or centralized
wastewater treatment systems, the owner of such land and buildings shall
provide 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 of the following,
depending upon which is more appropriate in the discretion of the city:
A.Dedicated to the public where a community-wide use would be
anticipated; or
B.Subdivider's ownership and control; or
C.Homeowners' associations. A homeowners' association shall be
established to maintain all permanently preserved open space and
recreational facilities, except in cases where the land is dedicated to the
City for public purposes. Such homeowners' association management
agreements shall be established prior to the sale of any lots.
Homeowners' association management agreements shall include the
following:
1.The agreement shall include a legal description of the common lands,
facilities and permanent open space.
2.The permanent open space restrictions must be in perpetuity and not
for a specific term of years.
3.Membership in the association shall be mandatory for all purchasers
of homes in the development and their successors.
4.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.
5.The agreement shall include a mechanism for resolving disputes
among the owners or association members.
6.The agreement shall provide standards for scheduled maintenance of
open spaces, buildings and facilities. The association must be
responsible for liability insurance and local taxes,
7.The agreement shall provide a plan guaranteeing continuing
maintenance of open spaces that shall be submitted to the city council
as part of the data requirements for an open space development.
Section 940 (Open Space and Preservation Plats) Page 55
January 25, 2018
8.The agreement shall include 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.
9.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.
10.The homeowners must pay their pro rata share of associated costs
and the assessment levied by the association shall become a lien on
the property in accordance with the law; and
11.The association must be able to adjust the assessment to meet
changed circumstances and needs
12.Any proposed change in the articles of association or incorporation
shall require the prior written approval of the City.
13.Any other matters the developer or City deems appropriate shall be
included.
940.070 – CALCULATION OF BASE DENSITY; DENSITY BONUSES.
Subd. 1. To calculate the allowed density for a given parcel for open space
preservation plat purposes, the following shall apply:
A.OS&P Plats (all application types) must provide paved access within the
site and must require all owners and their successors to covenant that
they will participate at 100% of the per unit cost of future assessments
for paving to City standards the principal roads servicing the site, if those
roads are not currently paved.
B.Development rights shall be as recorded on the official City of Corcoran
“Development Rights Map” and as described in Section 1040.030, Subd. 7
(Density Requirements) of the Zoning Ordinance.
C.Multiply the number of development rights on the parcel by the percent
based on the application type to determine the maximum number of lots.
Percentages are as follows:
1.Standard Plat: = 100% of development rights (1 in 10 or 1 in 30)
Section 940 (Open Space and Preservation Plats) Page 56
January 25, 2018
2.OS&P design with no permanent preservation or restoration = 150%
3.OS&P with permanent preservation and or restoration = 200%
4.OS&P with community well and septic (subject to PUD) = 300%
.
Example 1:
Gross land area consisting of approximately 46 acres in a 1 in 10
density district.
Standard Plat: 46 x 1 (100% of development rights) = 4.6
development rights which is rounded up to 5.
OS&P with no permanent dedication = (46/10) x 1.5 (150% of
development rights) = 6.9 development rights which is rounded up
to 7.
OS&P with permanent dedication= (46/10) x 2.0 (200% of
development rights) = 9.2 development rights, which rounds down
to 9.
OS&P with permanent dedication and community well and septic =
(46/10) x 3.0 (300% of development rights) = 13.8 development
rights, which rounds up to 14.
Maximum density = 46/14 = 1 in 3.29
Example 2:
Gross land area consisting of approximately 60 acres in a 1 in 10
density district.
Standard Plat: 6 x 1 (100% of development rights) = 6 development
rights
OS&P with no permanent dedication = (60/10) x 1.5 (150% of
development rights) = 9 development rights.
OS&P with permanent dedication = (60/10) x 2.0 (200% of
development rights) = 12 development rights.
Section 940 (Open Space and Preservation Plats) Page 57
January 25, 2018
OS&P with permanent dedication and community well and septic =
(60/10) x 3.0 (300% of development rights) = 18 development
rights.
Maximum density = 60/18 = 1 in 3.33
(Ord. 212, passed 12-21-04, Ord. 224, passed 10-27-05, Ord. 262, passed 12-19-11, Ord 348, passed 05-25-17)
C1.1
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INDEX OF CIVIL SITE DRAWINGS:
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6
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9
9
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5
5
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6
9
LEGEND:
From:Chris Rains
To:Brad Martens
Subject:RE: Meeting
Date:Tuesday, October 02, 2018 10:24:56 AM
Mr. Mayor, that agenda item that came after mine last night was incredibly frustrating to watch. It is
the same conversation I have been having with staff for almost two years and the county turn lanes
this week put me at my wits end. It is not staffs fault it is just the code they must currently abide by. I
agree with what I heard last night, and I believe the council is on the right path to achieve the goal of
creating nice lots and functional growth while keeping a rural character.
I would love to sit down with you or anyone else on the council or planning commission to discuss
the real-world application of the subdivision ordinance. I think I have an insight that most don’t,
since I have tried to implement all three options of the subdivision ordinance. Even though we found
a way to make the OS&P work on paper. The OS&P PUD we received our approval on last night will
not be developed as is, because it is not financially feasible. We did however have go for the
approval before the county changes the rule on the turn lane. At some point it will be any
development of 5 homes or more. If we didn’t move forward we would have lost future options.
I know that you don’t know me, but I am a very open book and have nothing to hide. I will give you
anything I have to help you in this process. From my different designs, my bids, my costs and profit
and loss. It will give you an idea of the real-world applications of all the cities decisions as it relates to
the subdivision ordinance. I know that not every property is the same, but I think you will have a
very clear picture after we work through everything we have found in the ordinance.
Let me know if you would like to meet.
Some of the issues I would like to talk about are listed below.
-road standards (Currently the city only has one road design approved for all roads in the city. They
require curb gutter and sidewalk everywhere with no opportunity for anything else.)
-OS&P requirement (native grasses, private trails, lot size, clustering)
-allowing the developer to hire and pay for the turn lanes. Instead of the city designing and installing
at developer expense as required currently.
-building rights (I don’t see a need for this to change, the issue is infrastructure costs and
beautification mandates. You can add better beautification and screening without native grass
replacement)
-paved vs unpaved roads (I am not a fan of unpaved roads)
-risk reward of over burdening regulation vs nice developments that regular people can afford.
(Most people can’t afford $250,000 2 acre lots and then add $30,000 dollar for well and septic
before the home is built.)
-removing mandates (would achieve most of what you want to do without changing the entire
OS&P)
Of course, those are my opinions, but I think I can back it up with the reality of all the money I spent
to figure it out.
Thanks,
Chris Rains
eXp Realty
m: 612.599.0372 o: 763.315.0000
a: 624 Central Ave | Maple Grove | MN | 55369
e: Chris@ChrisRains.com w: www.ChrisRains.com
From: Brad Martens <bmartens@ci.corcoran.mn.us>
Sent: Tuesday, October 2, 2018 10:04 AM
To: Chris Rains <chris@chrisrains.com>
Subject: RE: Meeting
Perfect. Thank you Chris.
Brad Martens
City Administrator
City of Corcoran
763-400-7030
www.ci.corcoran.mn.us
From: Chris Rains [mailto:chris@chrisrains.com]
Sent: Tuesday, October 02, 2018 10:02 AM
To: Brad Martens
Subject: Re: Meeting
Thanks. I will send you a new letter.
Chris Rains
Realtor/Owner/Broker
eXp Realty
612-599-0372
763-315-0000
chris@chrisrains.com
Outlook for Android
From: Brad Martens <bmartens@ci.corcoran.mn.us>
Sent: Tuesday, October 2, 2018 10:00:58 AM
To: Chris Rains
Subject: RE: Meeting
Hey Chris,
I think you make some really good points below and I’m glad you are sharing your experiences. I’m
wondering if you would be comfortable with me including the below email in the Council packet that
goes out Friday for the upcoming Work Session on the 11th. Or, would you like to send a new version
(without the first sentence or so…knowing you I doubt you came off sharp…up to you) or not include
it.
Let me know Chris. I think your viewpoint is helpful.
Brad Martens
City Administrator
City of Corcoran
763-400-7030
www.ci.corcoran.mn.us
From: Chris Rains [mailto:chris@chrisrains.com]
Sent: Friday, September 28, 2018 10:13 AM
To: Ron Thomas; Kendra Lindahl Forwarding1; Brad Martens
Subject: Meeting
Mr. Mayor, I wanted to start by saying that I am sorry if I came off as sharp last night. That agenda
item that came after mine last night was incredibly frustrating to watch. It is the same conversation I
have been having with staff for almost two years and the county turn lanes this week put me at my
wits end. It is not staffs fault it is just the code they must currently abide by. I agree with what I
heard last night, and I believe the council is on the right path to achieve the goal of creating nice lots
and functional growth while keeping a rural character.
I would love to sit down with you or anyone else on the council or planning commision to discuss the
real-world application of the subdivision ordinance. I think I have an insight that most don’t, since I
have tried to implement all three options of the subdivision ordinance. Even though we found a way
to make the os&p work on paper. The os&p PUD we received our approval on last night will not be
developed as is, because it is not financially feasible. We did however have go for the approval
before the county changes the rule on the turn lane. At some point it will be any development of 5
homes or more. If we didn’t we would have lost future options.
I know that you don’t know me, but I am a very open book and have nothing to hide. I will give you
anything I have to help you in this process. From my different designs, my bids, my costs and profit
and loss. It will give you an idea of the real-world applications of all the cities decisions as it relates to
the subdivision ordinance. I know that not every property is the same, but I think you will have a
very clear picture after we work through everything we have found in the ordinance.
Let me know if you would like to meet.
Some of the issues I would like to talk about are listed below.
-road standards (Currently the city only has one road design approved for all roads in the city. They
require curb gutter and sidewalk everywhere with no opportunity for anything else.)
-os&p requirement (native grasses, private trails, lot size, clustering)
-allowing the developer to hire and pay for the turn lanes. Instead of the city designing and installing
at developer expense as required currently.
-building rights (I don’t see a need for this to change, the issue is infrastructure costs and
beautification mandates)
-paved vs unpaved roads (I am not a fan of unpaved roads)
-risk reward of over burdening regulation vs nice developments that regular people can afford.
(Most people can’t afford $250,000 2 acre lots and then add $30,000 dollar for well and septic
before the home is built.)
-removing mandates (would achieve most of what you want to do without changing the entire os&p)
Of course, those are my opinions but I think I can back it up with the reality of all the money I spent
to figure it out.
Thanks,
Chris Rains
eXp Realty
m: 612.599.0372 o: 763.315.0000
a: 624 Central Ave | Maple Grove | MN | 55369
e: Chris@ChrisRains.com w: www.ChrisRains.com