HomeMy Public PortalAbout484CITY OF MEDINA
ORDINANCE NO.484
AN ORDINANCE RELATED TO A NEW ZONING DISTRICT FOR CONSERVATION
SUBDIVISION DESIGN; ADDING NEW SECTIONS 827.51 THROUGH 827.75
THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION I. Section 827.51 through 827.75 of the Medina code of ordinances is amended to add
the following language:
CONSERVATION DESIGN DISTRICT (CD)
Section 827.51. Conservation Design (CD) — Purpose.
The purpose of this district is to preserve the City's ecological resources, wildlife corridors,
scenic views, and rural character while allowing residential development consistent with the
goals and objectives of the City's Comprehensive Plan and Open Space Report as updated
from time to time. The specific conservation objectives of this district are to:
1. Protect the ecological function of native hardwood forests, lakes, streams, and
wetlands.
2. Protect moderate to high quality ecologically significant natural areas.
3. Protect opportunities to make ecological connections between parks and other protected
lands and ecologically significant natural areas.
4. Protect important viewsheds including scenic road segments.
5. Create public and private trails for citizens to access and enjoy Open Space resources.
6. Create public and private Open Space for citizens to access and enjoy Open Space
resources.
Section 827.53 Applicability.
Subd. 1. Conservation design is an option that a property owner is encouraged to consider
as an alternative to Conventional Development, as defined herein. The City will give
heightened consideration to such requests where the opportunities to achieve conservation
objectives are significantly higher than that available through conventional development.
Conservation design may be considered on qualifying parcels lying in the Rural Residential
District and all sewered residential districts.
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July 6, 2010
Section 827.55 Intent.
Subd. 1. It is the intent of the City to accomplish the stated purpose of this District by
approving a Planned Unit Development. In exchange for achieving the conservation
objectives, it is the intent of the City to provide density and design flexibility and to
encourage development review through a Collaborative Process.
Subd. 2. The permitted, conditional and accessory uses and other regulations set forth in
the existing zoning districts shall apply unless specifically addressed in this District, the
PUD District, or if determined by the City Council to be inconsistent with the purpose and
intent of this District as part of the final PUD documents.
Subd. 3. The procedures and regulations set forth in the PUD District shall apply unless
specifically addressed in this District. If a final PUD plan is approved by the City, the
subject property shall be rezoned to Conservation Design-PUD District (CD-PUD). The
permitted uses and all other regulations governing uses on the subject land shall then be
those found in the CD-PUD zoning district and documented by the PUD plans and
agreements. The following subsections are requirements for all CD-PUDs unless
exceptions, as part of a PUD, are otherwise approved by the City Council.
Section 827.57. Definitions.
Subd. 1. Base Density. The maximum number of units or lots that are allowed on a parcel
in accordance with the standards of the existing zoning district and the Zoning and
Subdivision Codes.
Subd. 2. Buildable Land Area. The total land area in a proposed Conservation Design
Subdivision less the amount of land that includes: slopes greater than 18%, wetlands,
required wetland buffers, lakes, and land contained within the 100 year floodplain.
Subd. 3. Collaborative Process. A development review process that results in a
development plan in which clearly defined conservation objectives are achieved in
exchange for greater flexibility from the requirements of the base zoning district and the
Zoning and Subdivision Codes.
Subd. 4. Conventional Development. Development that meets the standard minimum
requirements of the City's ordinances regulating development.
Subd. 5. Conservation Easement. As defined in Minnesota Statutes, Chapter 84C: A
nonpossessory interest of a holder in real property imposing limitations or affirmative
obligations the purposes of which include retaining or protecting natural, scenic, or open -
space values of real property, assuring its availability for agricultural, forest, recreational,
or open -space use, protecting natural resources, maintaining or enhancing air or water
quality, or preserving the historical, architectural, archaeological, or cultural aspects of real
property.
Subd. 6. Conservation Design Subdivision. Any development of land that incorporates
the concepts of designated Conservation Areas and clustering of dwelling units.
Subd. 7. Conservation Area. Designated land within a Conservation Design Subdivision
that contributes towards achievement of one or more of the conservation objectives. A
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July 6, 2010
Conservation Easement is placed on Conservation Areas to permanently restrict the
Conservation Area from future development. Conservation Areas may be used for
preservation of ecological resources, habitat corridors, passive recreation, and for pasture,
hay cropping and other low impact agricultural uses.
Subd. 8. Homeowners Association. A formally constituted non-profit association or
corporation made up of the property owners and/or residents of a development for the
purpose of owning, operating and maintaining common Conservation Areas and/or other
commonly owned facilities and Open Space.
Subd. 9. Open Space. Land that is not designated as a Conservation Area that is used for
parks, trails or other uses. Open Space may be owned and managed by the City,
homeowner's association or other entity.
Subd. 10. Viewshed. The landscape or topography visible from a geographic point,
especially that having aesthetic value.
Subd. 11. Yield Plan. A conceptual layout that shows the maximum number of lots that
could be placed on a parcel in accordance with the standards of the existing zoning district
and the Zoning and Subdivision Codes. The Yield Plan shows proposed lots, streets,
rights -of -way, and other pertinent features. Yield Plans shall be drawn to scale. The layout
shall be realistic and reflect a development pattern that could reasonably be expected to be
implemented, taking into account the presence of wetlands, floodplains, steep slopes, and
existing easements.
Section 827.59. General Performance Standards.
Subd. 1. Minimum Size of Subdivision.
(a) The minimum land area required for development shall be:
(1) 40 contiguous acres in the Rural Residential District
(2) 20 contiguous acres in sewered residential districts
(b) A subdivision in the Rural Residential District of over 20 contiguous acres but less than
40 contiguous acres may apply for approval if they meet all the requirements for CD,
and the visual impact of the subdivision from existing adjacent roadways is mitigated
by existing topography, existing vegetation, and/or acceptable vegetative buffers.
Subd 2. Required Conservation Area. The minimum required Conservation Area within
the CD development shall be:
(a) At least 30% of the total Buildable Land Area in the Rural Residential District, or
higher depending on the land and opportunities to achieve the City's conservation
objectives.
(b) At least 20% of the total Buildable Land Area in sewered residential districts, or
higher depending on the land and opportunities to achieve the City's conservation
objectives.
Ordinance No. 484
July 6, 2010
Subd. 3. Designating Conservation Areas.
(a) The required amount of Conservation Area shall be designated and located to maximize
achievement of the City's conservation objectives. Opportunities for achieving these
objectives will vary depending on the location, size and specific qualities of the subject
parcel. Each parcel will be evaluated for opportunities to achieve the following primary
and secondary conservation objectives over and above that achievable under
conventional development:
(1) Parcels with opportunities to achieve the following primary conservation
objectives will be given higher consideration for flexibility from performance
standards.
i. The protection and/or restoration of the ecological function of native
hardwood forests (e.g. Maple -Basswood Forest), lakes, streams and
wetlands.
ii. The protection, restoration, and/or creation of moderate to high quality
ecological resources including the sensitive ecological resources
identified as priority areas on the Composite Map of the Open Space
Report as updated from time to time.
iii. The reservation of land connecting these aquatic and terrestrial
ecological resources in order to restore and/or create new ecological
resources suitable for habitat movement corridors.
(2) Parcels with opportunities to achieve the following secondary conservation
objectives may be given consideration for flexibility from performance standards:
i. The protection of scenic views and viewsheds including the views from
roads identified as "Scenic Roads" on the Scenic Roads Map of the Open
Space Report as updated from time to time.
ii. The reservation of land for incorporating public and private trails in order
to create connections to existing or planned trails as identified in the
current Parks, Trails, and Open Space Plan.
iii. The reservation of land for incorporating public and /or private Open Space
in order to achieve goals as identified in the Comprehensive Plan.
Subd. 4. Perimeter Setbacks. Structure setbacks from the perimeter of the subdivision
shall be the same as the existing zoning district.
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July 6, 2010
Section 827.61. Density and Design Flexibility .
Flexibility from the requirements of the existing zoning district or other requirements of this
code may be granted at the discretion of the City Council. In considering such flexibility, the
City will evaluate how well the project achieves the conservation objectives over and above
that achievable under conventional development and the amount and quality of conservation
area protected.
Subd. 1. Additional Density.
(a) Density, in addition to the Base Density, may be granted at the discretion of the City
Council. Any additional density or additional number of dwelling units shall be
calculated as a percentage of Base Density. The Base Density shall be that established
by regulations in the relevant existing zoning district.
(1) In the Rural Residential District, Base Density shall be determined by calculating
the number of 5-acre areas of contiguous soils suitable for a standard sewage
disposal system that are located on the subject property.
(2) In sewered residential districts, a Yield Plan shall be developed to determine Base
Density. Regulations of the base district and all other relevant land use regulations
of this Code shall be used for completing the Yield Plan.
(b) The total number of dwelling units in a CD-PUD development shall be guided by the
density limitations contained in the Comprehensive Plan and may be:
(1) Up to 200% of the calculated Base Density in the Rural Residential District.
(2) Up to 120% of calculated Base Density in all sewered residential districts.
Subd. 2. Other areas of flexibility
(a) In the Rural Residential District, flexibility may include:
(1)
Lot size, lot width and structure setbacks provided setbacks comply with the
following minimums:
i. Setback from local streets: 35 feet.
ii. Setback from Arterial and Collector Streets: 100 feet.
iii. Interior structure setbacks: 30 feet.
(2) Housing type.
(3) Upland buffers and tree preservation regulations provided that the objectives of
these regulations are met for the site as a whole.
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July 6, 2010
(4) Due consideration may be given for conservation easements granted when
calculating park dedication requirements.
(5)
Variations to City regulations regarding septic systems.
(b) In all sewered residential districts, flexibility may include:
(1) Lot size, lot width, and structure setbacks.
(2) Housing type.
(3) Landscaping.
(4) Screening.
(5) Upland buffers and tree preservation regulations provided that the objectives of
these regulations are met for the site as a whole.
(6) Buffer yard.
(7) Due consideration may be given for conservation easements granted when
calculating park dedication requirements.
Section 827.63. Conservation Area Protection and Ownership.
Subd. 1. Land and improvements in areas designated as Conservation Areas in a CD-PUD
shall be established, protected and owned in accordance with the following guidelines:
(a) Designated Conservation Areas shall be surveyed and subdivided as separate outlots.
(b) Designated Conservation Areas must be restricted from further development by a
permanent Conservation Easement (in accordance with Minnesota Statute Chapter
84C.01-05) running with the land. The Conservation Easement must be submitted with
the General Plan of Development and approved by the City Attorney.
(1) The permanent Conservation Easement may be held by any combination of the
entities defined by Minnesota Statute Chapter 84C, but in no case may the
holder of the Conservation Easement be the same as the owner of the underlying
fee.
(2) The permanent Conservation Easement shall be recorded with Hennepin County
and must specify:
i. The entity that will maintain the designated Conservation Area.
ii. The purposes of the Conservation Easement, that the easement is
permanent, and the conservation values of the property.
iii. The legal description of the land under the easement.
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July 6, 2010
(3)
iv. The restrictions on the use of the land and from future development.
v. To what standards the Conservation Areas will be maintained through
reference to an approved land stewardship plan.
vi. Who will have access to the Conservation Area.
Ownership of the underlying fee of each designated Conservation Area parcel,
may be held by any combination of the following entities:
i. A common ownership association, subject to the provisions in the PUD
District.
ii. An individual who will use the land in accordance with the permanent
Conservation Easement.
iii. A private nonprofit organization, specializing in land conservation and
stewardship, that has been designated by the Internal Revenue Service as
qualifying under section 501 (c) (3) of the Internal Revenue Code.
iv. A government agency (e.g. park and/or natural resource agency or
division).
v. The City of Medina, in rare situations when there are no other viable
options.
(c) Open Space areas that do not achieve the City's conservation objectives may be
established under a homeowner's association without protection by a Conservation
Easement. Such areas shall be regulated according to provisions of the PUD District.
Section 827.65. Land Stewardship Plan.
Subd. 1. Plan Objectives. Where a CD-PUD has designated Conservation Areas, a plan
for the development, long-term use, maintenance, and insurance of all Conservation Areas,
may be required. The plan shall:
(a) Define ownership and methods of land protection.
(b) Establish necessary regular and periodic operation and maintenance responsibilities.
(c) Estimate staffing needs, insurance requirements, and other associated costs associated
with plan implementation and define the means for funding the same on an on -going
basis. This shall include land management fees necessary to fund monitoring and
management of the Conservation Easement by the easement holder. The fees shall be
estimated and validated by the proposed easement holder.
(d) Meet the requirements of the future conservation easement holder.
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July 6, 2010
Subd. 2. Plan Submittal Requirements. A preliminary Land Stewardship Plan shall be
submitted with the General Plan of Development. A Final Land Stewardship Plan shall be
submitted with the Final Plan Stage of PUD development. The plan shall contain a
narrative describing:
(a) Existing conditions, including all natural, cultural, historic, and scenic elements in the
landscape;
(b) Objectives for each Conservation Area, including:
(1) The proposed permanent or maintained landscape condition for each area.
(2) Any restoration measures needed to achieve the proposed permanent condition,
including:
(3)
i. Measures for correcting increasingly destructive conditions, such as
erosion and intrusion of invasive plant species.
ii. Measures for restoring historic features (if applicable).
iii. Measures for restoring existing or establishing new landscape types.
A maintenance plan, including:
i. Activities needed to maintain the stability of the resources, including
mowing and burning schedules, weed control measures, planting
schedules, and clearing and cleanup measures and schedules.
ii. An estimate of the annual on -going (post restoration) operating and
maintenance costs.
Subd. 3. Funding of Operation and Maintenance. At the discretion of the City, the
applicant may be required to escrow sufficient funds for the maintenance and operation
costs of Conservation Areas for up to four years depending on restoration measures.
Subd. 4. Enforcement. In the event that the fee holder of the Conservation Areas,
common areas and facilities, or any successor organization thereto, fails to properly
maintain all or any portion of the aforesaid common areas or facilities, the City in
coordination with the holder of the easement, may serve written notice upon such fee
holder setting forth the manner in which the fee holder has failed to maintain the aforesaid
common areas and facilities. Such notice shall set forth the nature of corrections required
and the time within which the corrections shall be made. Upon failure to comply within the
time specified, the fee holder , or any successor organization, shall be considered in
violation of this Ordinance, in which case the City shall have the right to enter the premises
and take the needed corrective actions. The costs of corrective actions by the City shall be
assessed against the properties that have the right of enjoyment of the common areas and
facilities.
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July 6, 2010
Section 827.67. Conservation Area Design Standards.
The following Conservation Area design standards shall also be considered in designing the
CD-PUD:
Subd. 1. Conservation Areas should be interconnected wherever possible to provide a
continuous network of Open Space within the PUD and throughout the City. It should
coordinate and maximize boundaries with Conservation Areas and Open Space on adjacent
tracts.
Subd. 2. Incorporate public and private trails with connections to existing or planned
regional trails as identified in the most recent Park, Trail and Open Space Plan.
Subd. 3. Designated public access trails shall be protected by an access easement owned
by the City.
Subd. 4. Incorporate public and/or private Open Space as designated in the Comprehensive
Plan.
Subd. 5. Views of new dwellings from exterior roads and abutting properties should be
minimized by the use of existing topography, existing vegetation, or additional
landscaping. Ridge and hilltops should be contained within designated Conservation Areas
wherever possible. Trees should not be removed from ridges and hilltops.
Subd. 6. The boundaries of designated conservation areas shall be clearly delineated and
labeled on CD-PUD plans. These areas shall be delineated in the field with signage or
other measures approved by the city.
Subd. 7. Stormwater management facilities may be located in designated conservation
areas.
Subd. 8. Existing land in row -cropping use shall be converted to a use that supports the
achievement of the City's conservation objectives.
Section 827.69. Landscape Design Standards.
Subd. 1. Street trees may be planted, but are not required, along internal streets passing
through common Conservation Areas or Open Space.
Subd. 2. Irregular spacing is encouraged for street trees, to avoid the urban appearance
that regular spacing may invoke.
Subd. 3. The selection of vegetation should be guided by the natural community types
identified in the City's 2008 Natural Resources Inventory.
Subd. 4. Planted buffers between clusters of residential lots are encouraged to enhance
privacy and a rural appearance between lots.
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July 6, 2010
Subd. 5. Buffers consisting of an informal arrangement of native plant species combined
with infrequent mowing are strongly encouraged, to create a low -maintenance, natural
landscape.
Subd. 6. Planted buffers are also encouraged along natural drainage areas to minimize
erosion.
Subd. 7. Grading for Conservation Areas and other common landscaped areas and
stormwater management areas shall be avoided to reduce compaction and impacting water
infiltration rates. Soil testing and decompaction may be required if site construction
activities negatively impact soil permeability.
Subd. 8. Better Site Design/Low Impact Development practices as identified in the
Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency shall
be used to design sites and meet the performance standards.
Section 827.71. Subsurface Sewage Treatment Facilities.
Subd. 1. Where city services are not available, CD-PUD developments may be platted to
accommodate home site lots with either individual septic tanks and all required
drainfields/mound systems located on the lot, or individual septic tanks and primary
drainfield/mount system located on the lot and secondary drainfields/mound system located
in the designated Conservation Area or other Open Space.
Subd. 2. All septic systems shall conform to the current performance standards of.
Minnesota Rules Chapter 7080 and its appendices, or the amended Rules in effect at the
time of installation. Except in instances where flexibility has been explicitly granted by the
City, septic systems shall also conform to relevant City regulations, including the
requirement to identify a primary and secondary drainfield site.
Subd. 3. The City may consider shared sewage treatment systems which are consistent
with Minnesota Pollution Control Agency (MPCA) regulations and relevant City
ordinances, provided adequate agreements are in place related to monitoring and
maintenance procedures and replacement of the system in case of a failure.
Subd. 4. Secondary drainfields/mound systems may be located in designated Conservation
Areas and other Open Space provided that:
(a) They are located within a limited distance of the lots they serve.
(b) Construction of drainfields/mound systems do not result in the destruction of ecological
resources.
(c) The Conservation Area or Open Space parcel containing the drainfield/mound system is
owned in fee by a common ownership association which owns non -Conservation Area
land within the subdivision and in which membership in the association by all property
owners in the subdivision is mandatory.
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July 6, 2010
(d) The individual lot owner is responsible for maintenance and repair of the
drainfield/mound system.
(e) The ground cover over the drainfield/mound system is maintained according to the
Land Stewardship Plan.
(f) Recreational uses are prohibited within 50 feet of the drainfields/mound systems.
(g) The Conservation Easement for the dedicated Conservation Area parcel describes the
location of individual drainfields/mound systems.
Section 827.73. Site Design Process.
At the time of PUD Concept Plan development and review, applicants shall demonstrate that
the following design process was performed and influenced the design of the concept site plan.
Subd. 1. Step 1—Identify Conservation Areas. Identify preservation land in two steps.
First identify "unbuildable" areas which include: slopes greater than 18%, wetlands,
wetland buffers, lakes, and land within the 100 year floodplain. Next, identify Conservation
Areas which include those areas designated as Conservation Areas (Section 827.59 Subd.
3.) The remaining land shall be identified as the potentially Buildable Land Area. The
applicant shall identify the quantity of land designated as unbuildable, Conservation Area,
and potentially Buildable Land Area.
Subd. 2. Step 2—Locate Housing Sites. Locate the approximate sites of individual
houses in regard to protected views and the potentially buildable land areas.
Subd. 3. Step 3—Align Streets and Trails. Align streets in order to access the lots. New
trails and connections to regional trail systems, if any, should be laid out to create internal
and external connections to existing and/or potential future streets, sidewalks, and trails.
Subd. 4. Step 4—Lot Lines. Draw in the lot lines.
Section 827.75. CD-PUD Application Processing.
The review and approval procedures of the PUD District shall be used to review and approve
CD-PUDs. Prior to the Concept Plan Stage PUD application, the City encourages applicants to
engage in an informal collaborative project goal setting process with the City. The purpose of
this process is to jointly develop site design and conservation objectives and assess areas of
regulatory flexibility for achieving developer and City objectives for the specific parcel of land.
The Collaborative Process may include council members, city commission members, land
owners, developers, city staff, other governmental jurisdiction staff, the potential future
Conservation Easement holder, and other participants as appropriate. The outcome of the process
is a Project Guidance Report prepared by city staff. The report will summarize the project
concept, project objectives, and preliminary understanding of regulatory flexibility needed to
achieve the objectives.
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July 6, 2010
SECTION II. This ordinance shall become effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 6th day of July, 2010.
Carolyn A.fith, Acting Mayor
ATTEST:
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News this 9th day of July, 2010.
Ordinance No. 484 12
July 6, 2010