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HomeMy WebLinkAbout2019-01-24 Council Work Session Agenda Packet CITY OF CORCORAN Council Work Session Agenda January 24, 2019 - 5:45pm 1. Call to Order / Roll Call 2. Development Rights Program and Open Space & 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. 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 www.landform.net Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. TO: Corcoran City Council FROM: Kendra Lindahl, Landform DATE: January 16, 2019 for the January 24, 2019 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. September 28th Council Work Session Summary 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. OS&P Memo 2 January 24, 2019 October 11th Council Work Session Summary Staff presented a redlined version of the Zoning Ordinance development rights standards to allow 1 unit per 10 acres regardless of pavement status. The Council indicated support for the change and clarified that the change would be based on the existing development rights and simply assuming that the development rights were increased as if the street changed from gravel to paved rather simply 1 per 10 based on today’s lot size. There was considerable discussion about street standards. Staff indicated that they do not support a change to the pavement section. Council indicated that they would be willing to consider a ditch section for developments in the RR district. Staff noted that the Subdivision Ordinance and Engineering Standards require sidewalks on one side of all streets, however, the Council indicated a willingness to consider waiving that requirement for developments in the RR district. The draft ordinance amendment continues to require developments inside the MUSA in the UR district have sidewalks and curb and gutter on the streets but does not require that in RR district. The Council discussed the need to ensure that these developments are preserving natural resources and prime farm land in meaningful ways. Based on the Council discussion, staff has prepared a revised OS&P ordinance for Council consideration. 2. Analysis Open Space & Preservation Ordinance OS&P plats are allowed by right in the RR and UR zoning districts. This means that the developer has a three-step subdivision process: a. Sketch Plan review b. Preliminary Plat c. Final Plat However, if the developer does not comply with the standards in the OS&P ordinance, they must apply for a PUD, which requires the following steps: a. Sketch Plan review b. Rezoning to PUD, preliminary PUD development plan, Preliminary Plat c. Final Plat and Final PUD development Plan Density Bonuses Generally, the Council indicated that the current density bonuses were appropriate. 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 OS&P Memo 3 January 24, 2019 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. Based on previous Council discussion, staff recommends eliminating the permanent conservation of the open space and instead requiring preservation until municipal sewer and water are available and then allowing subdivision of the open space. This would be consistent with the intent of both the City and Metropolitan Council policies to preserve land until sewer and water is 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. However, there was some discussion about street standards. The Public Works Director 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, the Council indicated some support for ditch sections rather than curb and gutter to manage storm water. It is staff’s opinion that this does not always save the developer money (it will vary based on site constraints) and it will increase city maintenance costs. However, we have drafted an ordinance that allows that as an option in the RR district with increased density bonuses for developers who do provide curb and gutter as that has a lower cost to the City. The City has developed as new street rural street section and this option would allow ditches but would require that the right-of-way be increased from 60 feet to 80 feet to accommodate the ditch section. A draft of this section is attached to this report for Council review. If the Council supports this option, the engineering standards would be updated to include this detail. Different standards in UR and RR The draft ordinance continues to require sidewalks and curb and gutter for developments in the UR district but does not require them in the RR district. 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 OS&P Memo 4 January 24, 2019 gutter and sidewalks. Therefore, staff is recommending a density bonus to encourage these improvements. 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. However, the City’s original OS&P ordinance required 50% open space preservation. Staff is recommending reinstating the development standards from the previous ordinance to encourage preservation of significant natural resources or restoration of land per the Council discussion. This is consistent with the prior standards that Corcoran’s two existing OS&P neighborhoods developed under. The City has approved three OS&P developments: • Summerhill (on Willow Drive), which has 52% open space • Meadow Creek Estates (north of Tessmer Road and west of County Road 19), which has 50% open space • Refuge at Rush Creek (south County Road 117), which has been approved, but not built and has 32.4% open space. While this is less than the 75% open space recommended by the Metropolitan Council Flexible Residential Development policy, the 50% open space is consistent with what was required for the two existing OS&P developments 3. Action Provide feedback to staff about the issues related to development rights and OS&P developments. Attachments 1. Redlined Changes to the OS&P ordinance 2. Proposed Rural and Urban Street Sections for OS&P 3. Summerhill Preliminary Plat 4. Meadow Creek Estates Preliminary Plat 5. Refuge at Rush Creek Preliminary Plat Section 940 (Open Space and Preservation Plats) Page 1 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 Rrural residential Residential and Urban Reserve zoning districts 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 roadstreet and utility infrastructure through by 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 2 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. OS&P plats are subject to the standards in this section, which provides additional development rights in exchange for preservation of natural features and creation of a higher quality development than might otherwise be expected.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 the Nnatural resource Resource Inventory or Ecologically Significant Natural Area 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 standards and/or the use of off-lot septic or well or community septic or well. Section 940 (Open Space and Preservation Plats) Page 3 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 roadstreets and public areas, as well as views within the tract. d. Description of the historic character of buildings and structures, historically important landscapes, and known archeological features. Section 940 (Open Space and Preservation Plats) Page 4 January 25, 2018 e. Context, including general outlines of existing buildings, land uses, and natural features such as water bodies or wooded areas, roadstreets 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. 3. Under an OS&P plat a minimum of 2550% 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 oOpen space must be protected by a conservation Section 940 (Open Space and Preservation Plats) Page 5 January 25, 2018 easement or deed restrictions in favor of the city. Of that amount, 50 percent (net 12.525%) 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 space shall be in a contiguuouscontiguous, connected configuration including or adjacent to existing natural areas or parks. 2. Open space shall be maintained free of noxious weeds, litter or debris. 1.3. 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. The conservation easement shall remain in place until municipal sewer and water are available to serve the site. At such time, the open space may be developed in accordance with the regulations in place at that time. 2.4. 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. 3.5. 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. 4.6. 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 temporary open space easements. Section 940 (Open Space and Preservation Plats) Page 6 January 25, 2018 a. The City Council may, at its discretion, require financial guarantees of performance of restoration, seeding, cutting or planting. 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 7 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 association, to ensure proper funding. If such guarantees are Section 940 (Open Space and Preservation Plats) Page 8 January 25, 2018 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. There is no 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 line25 feet (unless adjacent to an arterial streetMajor Roadway, 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 10 feet. c. Side, street: 25 feet. d. Rear: 25 feet. 4. Maximum impervious surface. Maximum impervious surface within each lot shall be 25 percent. 45. 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. 65. Street standards. Street standards shall comply with this article. Section 940 (Open Space and Preservation Plats) Page 9 January 25, 2018 a. OS&P plats in the UR zoning district shall comply with urban street standards, which include curb and gutter and sidewalks within the right-of-way and shall be permitted to develop at 200% of the existing development rights. b. OS&P plats in the RR zoning district may be permitted to use the rural street standards. i. OS&P plats in RR district that choose to develop with rural street section shall be permitted to develop at 150% of the existing development rights. ii. OS&P plats that choose to develop with the urban street section shall be permitted to develop at 200% of the existing develop at 200% of the existing development rights. 76. 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. 87. 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 zones 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 roadstreet network and connections and future lot layout. 4. All lots shall front a paved roadstreet, 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: Section 940 (Open Space and Preservation Plats) Page 10 January 25, 2018 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. 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. Section 940 (Open Space and Preservation Plats) Page 11 January 25, 2018 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 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 or conservation areas. 2. The permanent open space restrictions must be in perpetuity and not for a specific term of years. 3.2. Membership in the association shall be mandatory for all purchasers of homes in the development and their successors. 4.3. 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. 5.4. The agreement shall include a mechanism for resolving disputes among the owners or association members. Section 940 (Open Space and Preservation Plats) Page 12 January 25, 2018 6.5. 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, 7.6. 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. 8.7. 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. 9.8. 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. 10.9. 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 11.10. The association must be able to adjust the assessment to meet changed circumstances and needs 12.11. Any proposed change in the articles of association or incorporation shall require the prior written approval of the City. 13.12. 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 roadsstreets outside of the development boundaries and servicing the site, if those roadstreets 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 1040.020, Subd. 8 and 1040.030, Subd. 7 (Density Requirements) of the Zoning Ordinance. Section 940 (Open Space and Preservation Plats) Page 13 January 25, 2018 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 30one development right per 10 acres) 2. OS&P design indesign in the RR district with no permanent preservation or restorationrural street section = 150% 3. OS&P with permanent preservation and or restorationwith urban street =section = 200% 4. OS&P with community well and septic (subject to PUD) = 300% . Example 1: Gross land area consisting of approximately 46 acres and one development right per 10 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 in the RR district with rural street sectionwith no permanent dedication = (46/10) x 1.5 (150% of development rights) = 6.9 development rights which is rounded up to 7. OS&P in the UR district or in the RR district with urban street sectionwith 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 districtand one development right per 10 acres. Standard Plat: 6 x 1 (100% of development rights) = 6 development rights Section 940 (Open Space and Preservation Plats) Page 14 January 25, 2018 OS&P in the RR district with rural street section with no permanent dedication = (60/10) x 1.5 (150% of development rights) = 9 development rights. OS&P in the UR district or in the RR district with urban street section with permanent dedication = (60/10) x 2.0 (200% of development rights) = 12 development rights. 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) 30' VARIES 1' MINIMUM 30' 2%2.5% VARI E S NOTES: 1.TYPICAL SECTION SHOWN IS THE MINIMUM RESIDENTIAL STREET REQUIREMENT. SEE SPECIFICATIONS FOR PROJECT SPECIFIC DETAILS. 2.DRAINTILE SHALL BE INSTALLED BEHIND CURB. DRAINTILE TO BE INSTALLED AS REQUIRED TO ADEQUATELY DRAIN ALL SELECT GRANULAR FILL AREAS. 3.STREET SHALL BE DESIGNED FOR A 30 MPH DESIGN SPEED WITH MINIMUM 0.50% AND MAXIMUM 6.00% GRADE. 4.THE CITY RESERVES THE RIGHT TO INCREASE THE STREET SECTION BASED ON SOIL CONDITIONS. 5.REFER TO THE HENNEPIN COUNTY BICYCLE TRANSPORTATION PLAN FOR TRAIL DETAILS. 6.RECYCLED MATERIAL SHALL NOT BE ALLOWED IN BITUMINOUS WEAR COURSE. VARIES SEE STR 2 VARIES SEE STR 2 SEE STANDARD PLATE STREET 4 FOR UNDER DRAIN INSTALLATION SURMOUNTABLE CURB AND GUTTER SEE PLATE STREET 5 TACK COAT PER MN/DOT 2357 1.5" SPWEA240B WEAR COURSE PER MN/DOT 2360 2" SPNWB230B BASE COURSE PER MN/DOT 2360 8" CLASS 5 AGGREGATE BASE MN/DOT 3138 12" SELECT GRANULAR BORROW PER MN/DOT 3149.B2 GEOTEXTILE FABRIC TYPE V (NON-WOVEN) 1' MIN 5' CONC WALK (TYP) R/W 40'40' 2.5% 16' R/W 16' 4' SHLDR 4' SHLDR V A R I E S 3: 1 M A X 4:1 4" CLASS 2 AGGREGATE SHLDR GEOTEXTILE FABRIC TYPE V (NON-WOVEN) 12" SELECT GRANULAR BORROW PER MN/DOT 3149.B2 8" CLASS 5 AGGREGATE BASE MN/DOT 3138 2" SPNWB230B BASE COURSE PER MN/DOT 2360 TACK COAT PER MN/DOT 2357 1.5" SPWEA240B WEAR COURSE PER MN/DOT 2360 SEE STANDARD PLATE STREET 4 FOR UNDER DRAIN INSTALLATION 2' 2. 5 ' M I N VAR I E S 3:1 M A X 4:1 NOTES: 1.TYPICAL SECTION SHOWN IS THE MINIMUM RESIDENTIAL STREET REQUIREMENT. SEE SPECIFICATIONS FOR PROJECT SPECIFIC DETAILS. 2.DRAINTILE SHALL BE INSTALLED BELOW AGGREGATE SHOULDER. DRAINTILE TO BE INSTALLED AS REQUIRED TO ADEQUATELY DRAIN ALL SELECT GRANULAR FILL AREAS. 3.STREET SHALL BE DESIGNED FOR A 30 MPH DESIGN SPEED WITH MINIMUM 2.00% AND MAXIMUM 6.00% GRADE. 4.THE CITY RESERVES THE RIGHT TO INCREASE THE STREET SECTION BASED ON SOIL CONDITIONS. 5.REFER TO THE HENNEPIN COUNTY BICYCLE TRANSPORTATION PLAN FOR TRAIL DETAILS. 6.RECYCLED MATERIAL SHALL NOT BE ALLOWED IN BITUMINOUS WEAR COURSE. 7.DRIVEWAY CULVERT MINIMUM DIAMETER IS 12-INCH. 8' BIT. TRAIL R/W 1' MIN TRAIL EASEMENT MAY BE REQUIRED C1.1 PRE L I M I N A R Y NOT F O R CON S T R U C T I O N CI V I L E N G I N E E R I N G SI T E D E S I G N R A I N S P R O P E R T I E S INDEX OF CIVIL SITE DRAWINGS: C h r i s R a i n s 6 1 2 - 5 9 9 - 0 3 7 2 c h r i s @ r a i n s p r o p e r t i e s . c o m 6 2 4 C E N T R A L A V E N U E O S S E O , M N 5 5 3 6 9 LEGEND: