HomeMy WebLinkAbout2019-394 Ordinance Amending Text of Chapter 940City of Corcoran
County of Hennepin
State of Minnesota
REVISED
ORDINANCE NO. AV IVM394
Motion By: Schultz
Seconded By: Keefe
CITY OF CORCORAN
June 21, 2019
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 940 OF THE CORCORAN CITY
CODE RELATED TO OPEN SPACE AND PRESERVATION PLATS (CITY FILE 18-014)
THE CITY OF CORCORAN ORDAINS:
SECTION 1. Amendment of the City Code. The text of Chapter 940 "Open Space and
Preservation (OS&P) Plats" (Subdivision Ordinance) of the Corcoran City Code is hereby
amended by deleting the 1t�n-material and adding the underlined material as follows:
See attached Exhibit A
SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on the 27t"day of June 2019.
VOTING AYE
® Thomas, Ron
® Bottema, Jon
❑ Dejewski, Brian
® Keefe, Mike
® Schultz, Alan
ATTEST:
f
VOTING NAY
❑ Thomas, Ron
❑ Bottema, Jon
❑ Dejewski, Brian
❑ Keefe, Mike
❑ Schultz, Alan
Ron Thomas -Mayor
c►ty Seal
J sica Beise -Administrative Services Director
City of Corcoran
County of Hennepin
State of Minnesota
June 271 2019
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 Rfural resi I 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.
���n �oT�o���1��t ����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.
940.20 -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 ve
shelter and movement Of diverse wildlife.
idors
getated corrfor the
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 publicstreet and and utility infrastructure
��designing to improve the efficiency of future connections and
minimize site restoration costs associated with future utility
construction.
Section 940 (Open Space and Preservation Plats) Page 2
City of Corcoran June 27, 2019
County of Hennepin
State of Minnesota
G. Provide economic incentives to land owners to preserve, protect and/or
restore high quality woodlots and other identified natural resources
areas.
H. Accomplish the obj ectives of the comprehensive plan in a voluntary
manner through the use of incentives.
940.03 0 APPLICATION TYPES.
Subd._1. OS&P plats are subiect to the standards in this section,vvhich provide
additional development rights in exchange for preservation of natural
features and creation of a hither Quality development than might oche
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Subd 2. Landswr � � n t�, n r_roora� T��� r'nrri � nr -� _identified on the Natural �nc•ni i r�o
Resource Inventory or Ecolo�l�all�Si�nificant Natural Area maps in the
Comprehensive Plan qualify for OS&P plats. The boundaries of the land
identified in the maps may be modified by the City based on individual site
characteristics.ty
nt�Il�Tnalt>>rL. a� rosniirro m-ipc hLL 1-'n It: ho el J ro n. A parcel
outside one of these categories Mn apply for p-er-m a m en }preservation or
restoration and, if the proposed J.11anent preservation or restoration is
approved by the City, receive the applicable development right bonus as
approved by the C I tymP nn riLL s+-nr ca nll r ro-, sh 11 fnl1 nuth o
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Section 940 (Open Space and Preservation Plats) Page 3
City of Corcoran
County of Hennepin
State of Minnesota
June 271 2019
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 size7standards and/or the use of
off -lot septic or well or community septic or well.
940.40 -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. Apre-application meeting with the City and potential ea
in order for all parties to be made fully aware of any pro
or other issues regarding the plat.
sement holders
cedures, policies,
B. A sketch/concept plan shall be required that includes thefollowing:
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.
outline of the land area to be designated as open space and its
proposed use as park, trail, temporary open space,
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 pre
restoration standards as significant.
servation and
b. Trees or wooded areas to be removed for streets, drives, buildings,
drainage or other purposes shall be identified.
Section 940 (Open Space and Preservation Plats) Page 4
City of Corcoran
County of Hennepin
State of Minnesota
June 2747 2019
c. Visual resources, showing views onto the tract from surrounding
streets 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.
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 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.
940.50 -DEVELOPMENT STANDARDS.
Subd.1. OS&P or restoration plats shall comply with the following minimum
standards2
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 ,land
not used in the development maybe retained by the owner and any
successor in interest, sub ect 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 sub ect to development standards
Section 940 (Open Space and Preservation Plats) Page 5
City of Corcoran June 27, 2019
County of Hennepin
State of Minnesota
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 �50%percent of the gross land
area (of no more than two non-contiguous pieces) of the development
site shall be dedicated as preserved open space {ei
Yam" F=A4,4 .p�j= ort Open space must be protected by a
conservation easement or deed restrictions in favor of the city. Of
that amount, 50 percent (net 2 5 %) shall be upland area."'pf'
B. Open space development standards. Open space to be r�orm -r ort�t
preserved or restored within an OS&P plan shall meet the following
criteria.
configuration including or ad,�
Onen space that is divided by
Conti uous.
2. Open space s]
acent to existing natural areas or parks.
a local street shall be considered
1 be maintained free of noxious weeds, litter ordebri
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.
a. For areas designated as high Quality by the Natural Resourc
Inventory or Ecolo ig_cally Significant Natural Area maps in t
Comprehensive Plan, the conservation easement shall be
permanent.
�b.For all other areas
he conservation eas
place until municipal sewer and water are av
ant shall remain in
ailab
rye the
Z
site. At such time, the open space maybe developed in accordan
with the re ug_lati
in place at thattimE
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 ,-o nrnn �.n-,�.n�excess niiirari 7�O/,�4. In
the case of private ownership of open space where public access is
Section 940 (Open Space and Preservation Plats) Page 6
City of Corcoran June 27, 2019
County of Hennepin
State of Minnesota
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.
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
adiacent 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
I development rights.
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
temporaryopen space easements.
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. Water and sewer systems.
1. Water maybe 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 withpreservation 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),
Section 940 (Open Space and Preservation Plats) Page 7
City of Corcoran June 21, 2079
County of Hennepin
State of Minnesota
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
foRowing 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.
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 forthe 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.
An annual schedule for maintenance, inspection and
monitoring of the centralized wastewater treatment system.
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.
Section 940 (Open Space and Preservation Plats) Page 8
City of Corcoran
County of Hennepin
State of Minnesota
June 21, 207 9
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.
. 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
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
wthe 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:�'i rnr�� t n n nf hLI
�e25 feet (unless adjacent t
which has minimum setback of 10 o feet ern r,r, rm -i i nr rn -� � �. Major
Roadways are Principal Arterial, A Minor Reliever, A Minor
Section 940 (Open Space and Preservation Plats) Page 9
City of Corcoran
County of Hennepin
State of Minnesota
June 27, 2019
Expander Roadways and A Minor Connector as shown on the
Roadway Functional Classification map in the
Comprehensive Plan.).
b. Side, III ternal:10 feet.
c. Side, street: 25 feet.
d. Rear: 25 feet.
Variations from the dimensional requirements for lot size, setbacks
impervious surface maybe approved with a
finds that the request is consistent with the
PUD if the City Council
PUD standards.
treet standards. Street standards shall comply with this article.
OS&P plats in the UR zonin
standards, which include c�
district shall co
rb and nutter an
comply with urban street
0
d sidewalks within the
right -Of -wad and shall be per t0 develop at 200% of the
existing development rights.
b. OS&P plats in the RR zoning district many 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 rim
ii. OS&P plats that choose to develop with the urban street
section shall not be required to provide sidewalk and shall
be permitted to develop at 200% of the existing
development rights.
�6. 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.
�7. A buffer zone of at least 100 feet shall be provided
the developed area of the site abutting public stree
shall be thickly planted with native grasses, shrubs
minimize land use conflicts.
E. Development design guidelines app
licable to
at the perimeter of
ts. The buffer zones
and trees to
a11OS&P developments �
Section 940 (Open Space and Preservation Plats) Page 10
City of Corcoran
County of Hennepin
State of Minnesota
1. All lots shall be clustered in a
that will be held in a covenant
sewer is extended.
III
June 27, 2019
to create temporary open space
for future development at the time
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
street network and connections and future lot layout.
4. All lots shall front a paved street, internal to the site.
. 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 leas
t 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.
Section 940 (Open Space and Preservation Plats) Page 11
City of Corcoran June 27, 2079
County of Hennepin
State of Minnesota
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 systems)
to urban services.
9. Landscape common areas and
vegetation with high wildlife c
940.60 -OWNERSHIP OF COMMONAREAS.
street rights -of --way with native
onservation value.
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 acommunity-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 ����}'preserved open space and
Section 940 (Open Space and Preservation Plats) Page 12
City of Corcoran June 21, 2079
County of Hennepin
State of Minnesota
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 pe.:.rmL...,anent open space or conservation areas.
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.
�4. The agreement shall include a mechanism for resolving
disputes among the owners or association members.
�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,
�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. REM
ll include hanism
The agreement shaa mecto assess
enforce the common expenses for the land or facilities, including
upkeep and maintenance expenses, real estate taxes and insurance
premiums.
�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 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
�10. The association must be able to adjust the assessment to meet
hanged circumstances and needs
Section 940 (Open Space and Preservation Plats) Page 13
City of Corcoran June 27, 2019
County of Hennepin
State of Minnesota
Any proposed change in the articles of association or
incorporation shall require the prior written approval of the City.
. Any other matters the developer or City deems appropriate
shall be included.
940.70 -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.
I A. OS&P Plats ��"-,nn';�-,tom SIX j
�Tno�� 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 Mrrc-
;;r-11 rn��'�streets outside of the
develop ent bound
not currently paved.
ries and servicing the site, if thosestreets are
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.
C. Multiply the number of development rights on the parcel by the percent
based on the application type to determine the maximum number oflots.
Percentages are as follows:
1. Standard Pla
development
3. OS&P
street
t: = 100% of development rights (z� � n nr � ; done
right
per 10 acres)
ign
desin the RR district with
roctnr-�f inrrural street section =150%
=section = 200%
Example 1:
Gross land area consistin
development right per 1(
with urban
g of approximately 46 acres and one
Section 940 (Open Space and Preservation Plats) Page 14
City of Corcoran June 21 2019
County of Hennepin
State of Minnesota
Standard Plat: 46 x 1 (100% of development rights)
development rights which is rounded up to S.
OS&P in the RR district with rural street sectioni
T= (46/10) x 1.5 (15 0% of development rights) = 6.9
development rights which is rounded up to 7.
OS&P in tht
R district or in the RR district with urban street
section th- e nnt (46/101 x 2.0 (200% of
development rights) = 9.2 development rights, which rounds down
to 9.
r�
Maximum density = 46/9�4-= 1 in 5.11�R
Example 2:
Gross land area consisting of approximately 60 acres i n -, � i
mn si, di Str.r+-and one development ri�ht per 10 acres.
Standar
rights
d Plat: 6 x 1 (100% of development rights) = 6 development
OS&P in the R
istrict with rural scree
a a. a a� a� a s • a �
•
OS&P in the UR district or in the RR district wi
section w }�' rnrm n oif ora i r,-sti nr, _ (60/10)
development rights) = 12 development rights.
Maximum density = 60/12�= 1 in 5�3
rban street
x 2.0 (200% of
(Ord. 212, passed 12-21-04, Ord. 224, passed 10-27-05, Ord. 262, passed 12-19-11, Ord 348, passed OS-25-17
Section 940 (Open Space and Preservation Plats) Page 15