HomeMy Public PortalAbout07-12-2011MEDINA
PLANNING COMMISSION AGENDA
TUESDAY, JULY 12, 2011
7:00 P.M.
CITY HALL (2052 County Road 24)
1. Call to Order
2. Public Comments on items not on the agenda
3. Update from City Council proceedings
4. Planning Department Report
5. Approval of June 14, 2011 draft Planning Commission minutes.
6. Public Hearing — Wallace Marx — 2500, 2700, 2702, 2900
Parkview Drive — Planned Unit Development (PUD) Concept
Plan for a Conservation Design subdivision of four contiguous
parcels totaling 109.58 acres — proposing ten Single Family
Home sites and 57.5 acres into a conservation easement.
7. Public Hearing - Pemtom Land Company — Rezoning,
Preliminary Plat and Mixed Use Stage II Plan to subdivide 65
single family homes sites on 32.2 acres to be known as "Fields of
Medina" (PID #02-118-23-43-0002 & #02-118-23-44-0054) and
Variance to the Right-of-way width.
8. Site Plan Review — Loram Inc. — Request for a 14,785 gross
square foot expansion of parking lot at 3900 Arrowhead Drive
(PID# 11-118-23-22-0002).
9. Right-of-way Width Regulations within Subdivision Ordinance
10. City Council Meeting Schedule
11. Adjourn
MEMORANDUM
TO: Mayor Crosby and Members of the City Council
FROM: Dusty Finke, City Planner; through City Administrator Chad Adams
DATE: June 16, 2011
SUBJ: Planning Department Updates June 21, 2011 City Council Meeting
Ordinance Updates
A) Stormwater/LID Ordinance — Planning staff have been working with Engineering on this
project. The ordinance was presented to the Planning Commission at their May and June
meetings, and they recommended approval of the ordinance with a number of changes.
Staff intends to present the ordinance to the City Council at the July 5 meeting.
B) Animal Regulations — the City Council reviewed the ordinance related to limitations on
keeping pets and private kennel licenses and requested a number of changes. Staff intends
to present the ordinance for Council review again at the July 5 meeting.
C) Parking Regulations — Planning staff is conducting research on parking regulations and will
be preparing a draft ordinance with a number of recommended changes. Staff has
tentatively scheduled the ordinance for a Public Hearing at the August Planning
Commission meeting.
Land Use Application Reviews
A) Pemtom Stage I Plan — N of Highway 55 and W of CR 116 — The City Council adopted a
resolution of approval for the Stage I plan at the May 17 City Council meeting. The
applicant has applied for Stage II and preliminary plat approval for the single-family portion
of the development. Staff is conducted a preliminary review and will schedule for a Public
Hearing as soon as the application is complete, potentially at the July Planning Commission
meeting.
B) Marx Conservation Design Subdivision — 2700 and 2900 Parkview Drive — Wally Marx
has requested review of a CD-PUD Concept Plan for a subdivision which would allow a
density bonus (10 lots) and flexibility to lot size and setback requirements and place a
portion of their property into Conservation Easements. Staff has provided preliminary
comments and the applicant is currently considering these comments. Staff will schedule
the request for a Public Hearing when the applicant is prepared to move forward.
C) J. Cavanaugh Plat — 805 Hamel Road — Joe Cavanaugh has requested subdivision of his
property into three single-family lots at the southwest corner of Hamel Road and Pinto
Drive. The Planning Commission tabled the Public Hearing at their January 11 meeting,
requesting more information related to drainage and stormwater management. The appl
D) Enclave of Medina Subdivision — 3212 Hunter Drive — The City Council approved the final
plat and development agreement at the May 17 meeting and staff is working with the
applicant to meet all of the requirements of the development agreement so that work can
begin. Letters of Credit have been provided and a preconstruction meeting scheduled for
June 16.
E) Hunter Ridge Farm Plat — 1382 Hunter Drive — the Council approved the final plat at the
April 5 meeting, and staff will assist the property owner with finalizing the project.
Planning Department Update
Page 1 of 2 June 21, 2011
City Council Meeting
F) Fortuna Farms Plat — 1425 Tamarack Drive — the Council approved the preliminary plat
resolution on November 22, 2010, and staff awaits an application for final plat approval.
G) Holy Name Cemetery — The City Council approved the Site Plan Review and CUP at the
April 19 meeting, and staff is working with the applicant on the conditions of approval.
H) Wrangler's Restaurant— 32 Hamel Road — the Council approved resolutions on July 21,
2009. The City Council granted until August 10, 2011 for the applicant to final the plat.
Additional Projects
A) Private Dog Kennels — staff has been assisting the City Clerk and Police with the
coordination of two requests for private dog kennel licenses. One is a request for 7 dogs in
a home at 1822 Morgan Road and the other is a request for 12 small dogs in a home at 25
Hamel Road.
B) Water Resource Services RFP — staff has been coordinating the review of the proposals and
interviews of the top firms. The interview committee is finalizing its review and will likely
recommend that the City Council enter into a contract with one of the firms at the June 21
meeting.
C) Housing Policy — Staff is scheduled to meet with CommonBond Communities in July to
discuss the most common grant opportunities related to workforce housing.
D) Zoning Enforcement (Hamel Station tree removal) — An ecologist with Bonestroo has
reviewed the plantings which were substituted from the approved plans and has
recommended a few changes. A site visit will be conducted to identify some supplemental
plantings which the ecologist believes will address the objectives that the approved plan was
intended to address.
E) Zoning Enforcement (manure management inspections) — Staff has been inspecting both
commercial horse facilities and private horse facilities currently under a CUP requiring
manure management. Staff conducted significantly more inspections on older CUPs for
private barns.
Planning Department Update
Page 2 of 2 June 21, 2011
City Council Meeting
1 CITY OF MEDINA PLANNING COMMISSION
2 Draft Meeting Minutes
3 Tuesday, June 14, 2011
4
5
6 1. Call to Order: Commissioner Victoria Reid called the meeting to order at 7:00 p.m.
7
8 Present: Planning Commissioners John Anderson, Kathleen Martin, Beth Nielsen,
9 Victoria Reid and Kent Williams.
10
11 Absent: Charles Nolan and Robin Reid
12
13 Also Present: City Council member Elizabeth Weir, City Planner Dusty Finke, and
14 Dan Edgerton of Bonestroo.
15
16
17 2. Public Comments on items not on the agenda
18
19 No public comments.
20
21
22 3. Update from City Council proceedings
23
24 Council member Elizabeth Weir presented a report of recent activities and decisions
25 by the City Council.
26
27
28 4. Planning Department Report
29
30 Finke provided an update of upcoming Planning projects.
31
32
33 5. Approval of the May 10, 2011 Draft Planning Commission meeting minutes.
34
35 Motion by Martin, seconded by Anderson, to approve the May 10, 2011 minutes
36 with the recommended changes. Motion carried unanimously. (Absent Nolan and R.
37 Reid)
38
39 6. Continued Public Hearing - Ordinance Amendment - Chapter 8 of the Medina
40 Zoning Code to codify the City's stormwater management regulations.
41 Edgerton presented the staff report. He stated that new definitions had been added for
42 "Major" and "Minor" Expansion projects and the applicability was adjusted as
43 discussed by the Commission last month. Edgerton noted that standards were added
44 related to improvements on single family residential property so that a homeowner
45 would not need to complete an expensive engineering study in order to design a
46 raingarden. Edgerton showed graphic examples of how the applicability would work.
1
1
2 Williams inquired about Section 828.33. Subd. 18 Appeals. He asked if the Appeals
3 was new since the previous meeting. Edgerton said it was not new. Williams asked
4 if an applicant wanted to appeal a decision what would the process entail. Finke
5 clarified the question by stating the request would initially be reviewed by City staff
6 and then if the applicant chose to Appeal staff's decision then it would be brought to
7 the City Council for review. Finke explained the Appeals process would typically be
8 related to situations that would fall under a "stop work order".
9
10 Martin asked if the 45 day period to review an Appeal on page 9 of the draft
11 ordinance was too long of a time period. Finke explained he needed time to review
12 the Appeal request to determine if it was complete and would treat it like a land use
13 application which requires 15 business days to determine completeness. V. Reid
14 asked Finke if the number of days were shortened if it would be a problem. Finke
15 said he'd need at least 15 days. The Commission concluded that 15 business days
16 would be a sufficient amount of time for staff to make a decision.
17
18 Public Hearing opened at 7:36 p.m.
19
20 Anderson recommended additional language be added as it relates to single family
21 homes and volume control. Martin suggested placing exceptions for single family
22 homes throughout the ordinance so that a homeowner could easily understand what
23 applies to them and what wouldn't apply.
24
25 Martin commented that the sentence "portions of the design manual are hereby
26 incorporated and applicable to certain developments as stated in this ordinance"
27 would need to be more clear as to what projects it is referring to within the ordinance.
28
29 V. Reid prefers language that references the design manual and the design manual
30 references the ordinance. Martin said she prefers terminology between the design
31 manual and ordinance to be consistent. The ordinance is internally consistent but the
32 design manual is not and has terminology within it that is not used within the
33 ordinance. She asked that definitions from the ordinance such as stop work order,
34 land disturbance activity and others be incorporated into the design manual.
35
36 Edgerton asked if the Commission wanted the definition of "Single Family
37 Residential Property" and the Commission concurred.
38
39 Martin asked to strike the last sentence on page three of the ordinance (Subd.4.
40 Applicability).
41
42 Martin recommended Subd. 4. D. is broken down into four components.
43
44 Council member Pederson noted the ordinance could make redevelopment very
45 difficult and properties wouldn't be improved.
46
47 Finke explained a new development under one acre is exempt under the draft
48 ordinance and said it didn't have to be that way.
2
1
2 Martin said a stormwater management plan is designed by a professional engineer but
3 assumes single family homes wouldn't be required to follow the same requirements.
4
5 Finke inquired about the requirement that "New Development" requires disturbance
6 of an acre and then further reviewed minor, major expansion projects and single
7 family residential projects.
8
9 Finke said a Minor expansion wouldn't have the acre disturbance requirement. If a
10 project added 1000 square feet of hardcover the contractor would have to show the
11 modeling. Finke asked if the ordinance should have a lower threshold depending on
12 what is being done. V. Reid asked if another category would need to be added and
13 the Commission agreed. The Commission questioned how many parking spaces
14 would trigger the modeling requirement.
15
16 Edgerton stated a one acre parking lot would require two raingardens.
17
18 Conclusion of discussion is that an 8-10,000 square foot area for parking would
19 require a raingarden (approximate 800 square foot raingarden) in a commercial area,
20 and a larger project should trigger the full requirements of the ordinance.
21
22 Martin asked about b) at the bottom of page six. She asked for clarification and Finke
23 said it should read "Inspection of Stormwater Facilities in the Maintenance
24 Agreement" rather than "Inspection of Stormwater Facilities". Martin also suggested
25 replacing "may" with "shall" within the same paragraph.
26
27 The Commission discussed the impact of requiring a Performance Bond/Security and
28 if the percentage of estimated construction cost was too high for single family homes
29 as written on page seven. The Commission concluded to lower the amount and cash
30 would be acceptable.
31
32 Martin asked Edgerton the cost of a rain garden. Edgerton said it could cost
33 anywhere between $2,000.00 -$3,000.00 and Finke agreed to have a lower threshold
34 for a Performance Bond/Security.
35
36 Martin suggested the "as built" plans required for any stormwater treatment practices
37 be modified under Subd. 14. of page eight. She said that requiring an "as built" plan
38 could be quite expensive and as an alternative the contractor could red line the plans
39 on -site noting the changes.
40
41 Edgerton stated the emergency overflow for the raingarden would have to be verified.
42 The Commission said an inspection would have to be done by the City. Staff and the
43 Commission concluded that the language should be loosened as it relates to
44 raingardens on single family home lots so the language on page eight stating "written
45 certification by a registered professional engineer that the stormwater treatment
46 practice has been installed in accordance with the approved plan and other applicable
47 provisions of the ordinance" would have to be rewritten.
48
3
1 Martin suggested under (d) on page nine that the cost be "certified" and Finke thought
2 it was possible based on how the language was written.
3
4 Martin said the date of approval would need to be changed to July rather than May
5 2011 on the last page of the ordinance for adoption.
6
7 Public Hearing was closed at 8:22 p.m.
8
9 Motion by Anderson, seconded Martin to recommend approval of the ordinance
10 (Section 838.33) pertaining to stormwater management per the recommendation
11 solutions offered at the Planning Commission meeting. Motion carried
12 unanimously. (Absent: Nolan and R. Reid)
13
14
15 7. Discussion — Off -premise signage and "Directional" signage
16
17 Finke informed the Commission that he had spoken to two different businesses with
18 two different requests related to off -premise signage. He said one request related to
19 allowing permanent off -premise signage advertising a business on a different property
20 from where the sign would be located. The sign would provide direction to another
21 business (ex: placing signage on a commercial corner lot for a business down the road
22 within an existing monument or pylon sign). The other request would be to allow
23 permanent directional signs in the City right-of-way that would guide drivers to a
24 local business that may not be at an intersection but rather not as visible to locate (ex:
25 small blue highway signs that provide guidance to business location to drivers).
26
27 Finke explained that the Target development has multiple businesses within that area
28 that advertise on different lots. He said if it hadn't been a PUD it wouldn't be
29 allowed under the current sign ordinance.
30
31 Anderson asked if the ordinance would be something that would be brought up later
32 in the year as the Commission reviewed the sign ordinance. Finke said the plan to
33 review the sign ordinance later in the year wouldn't have addressed this type of
34 change since the focus was going to be related to the rezoning changes. V. Reid said
35 she finds it difficult to understand how it is difficult to find a business with MapQuest
36 availability. Martin said she has a hard time being sympathetic to delivery drivers
37 since they usually have a GPS system. She further said that when a person buys a
38 business and is aware of its location and lack of visibility it is difficult to understand
39 the need.
40
41 Anderson asked if this type of signage would cause any public safety issues or
42 concern. Finke said that there has not been a record of incidents, but in one of the
43 business situations if a driver passes the business the driver is stuck on a gravel road
44 and it's difficult to turn around.
45
46 Nielsen asked what the business names were that had issues. Finke said Dairy Queen
47 is thinking of moving down on Hwy 12 and County Road 29, in the strip center next
4
1 to Subway and Anytime Fitness. Weir asked if DQ used to be there and Finke said
2 yes. Williams asked if the DQ wanted a directional sign or an advertising sign. Finke
3 said an advertising sign. The Commission asked where they would want to advertise
4 and Finke said at the Holiday Gas Station store on the corner. The Commission
5 voiced their concerns and Weir said that previous to Finke the same request was made
6 and the Council decided it was a visual clutter to advertise on the corner.
7
8 Council Pederson asked if City signage in the right-of-way such as the Uptown
9 Hamel sign along Sioux Drive would be in jeopardy if the City didn't change the
10 ordinance. He further commented that when the County Road 116 interchange
11 happens with a frontage road he would anticipate a lot of requests.
12
13 Williams said he would rather allow on a case by case basis, but not specifically
14 advertising. He didn't think billboards should be allowed. Finke asked if there was
15 support for off -premise signage done through a coordinated effort so that there would
16 not be an increase in the number of signs on -site and that all of the businesses
17 advertise on one sign rather than more than one. The Commission concurred that
18 they would be acceptant of that situation.
19
20 Weir asked if the Holiday Station store were maximized on their signage currently
21 and the other businesses wanted to advertise on the Holiday site would the Holiday
22 site get more square footage of advertising or would they have to work within what
23 the allowable square footage they have and have to reduce existing signage on -site.
24 Finke said he didn't know, but it would have to be part of the discussion. Finke said
25 the regulations could be written in a way that either allows square footage to be
26 transferred from another property or which limits each property to the standard
27 maximum as if they only did their own advertising.
28
29 V. Reid offered the idea of allowing additional signage to encourage shared signage.
30 Martin said she would agree with the suggestion. Martin said what is more important
31 to her is the quality and aesthetics of the sign.
32
33 Williams said the consensus of the Commission is that shared signage would be
34 acceptable and Finke added that assumes it is one shared sign.
35
36 V. Reid said she is fine with directional signage. The balance of the Commissioners
37 agreed with the directional signage.
38
39
40 8. City Council Meeting Schedule
41 June 21, 2011 — Anderson
42 July 5, 2011 — Williams
43
44
45 9. Adjourn
46 Motion by Nielsen, seconded by Williams, to adjourn the meeting at 8:45 p.m.
47 Motion carried unanimously. (Absent: Nolan and R. Reid)
5
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AGENDA ITEM: 6
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: July 7, 2011
MEETING: July 12, 2011 Planning Commission
SUBJ: Wally Marx — Conservation Design Subdivision PUD Concept Plan —
2500-2900 Parkview Drive — Public Hearing
Review Deadline
Complete Application Received: May 13, 2011
120 -day Review Deadline: September 10, 2011
Summary of Request
Wally Marx has requested approval of a PUD Concept Plan for a Conservation Design
subdivision at his property at 2500-2900 Parkview Drive. The applicant proposes to divide the
110 acres into 10 single-family residential lots and proposes to place 57.5 acres (9.65 acres
buildable) into conservation easements.
The Conservation Design Planned Unit Development (CD-PUD) district is an overlay district
which allows the City to grant flexibility to the underlying zoning regulations in order to
encourage property owners to protect natural resources and open space with permanent
conservation easements. Flexibility can include density bonuses, reduced setbacks and lot size
requirements, and flexibility to park dedication or septic regulations. Flexibility can also be
considered for upland buffer and tree preservation regulations on specific lots in the interests of
protecting natural resources more broadly on the site. The CD-PUD district was adopted in 2010
and this is the first request to be reviewed under the ordinance. The ordinance is attached to this
report for reference.
The current request is for a PUD Concept Plan Review. A PUD is a three -step process:
1) Concept Plan; 2) General Plan/Preliminary Plat; and 3) Final Plan/Final Plat. A PUD Concept
Plan is more formal than other concept plans reviewed by the City, and requires that the City
Council approve (or approve with conditions) or deny the request.
The subject properties are located on Parkview Drive, east of the Baker National Golf Course
and southwest of School Lake. A significant portion of the property (52 acres) is either wetlands
or located under the high water level of School Lake. Approximately 18 acres are within School
Lake or the adjacent wetland, along with 34 acres of wetland throughout the remaining property.
An aerial of the site can be found at the top of the next page, and is also shown on one of the
applicant's concept plan drawings.
Wally Marx Page 1 of 8 July 12, 2011
CD-PUD Concept Plan Planning Commission Meeting
Designating Conservation Areas/Site Design Process
As mentioned above, the CD-PUD process allows the City to grant flexibility to the underlying
zoning regulations as an incentive to permanently conserve natural resources and open space.
The City needs to determine how much flexibility to grant based on how the proposal meets the
primary and secondary conservation objectives of the City over and above that which would be
achievable under conventional development.
The primary conservation objectives identified in the ordinance are:
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.
The secondary conservation objectives are as follows:
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.
Wally Marx Page 2 of 8 July 12, 2011
CD-PUD Concept Plan Planning Commission Meeting
4
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.
The subject property includes remnants of Maple -Basswood forest which were ranked as
moderate quality in the City's natural resources inventory, a deep swamp adjacent to the lake in
the southeast corner of the property which ranked as good quality, and also portions of Tamarack
Swamp which ranked as moderate. These areas are identified within the Composite map of the
City's Open Space report. The City's environmental scientist reviewed the plans and prepared
comments which are attached for reference. Protecting these areas would be consistent with the
first two conservation objectives.
The CD-PUD ordinance describes a four -step "Site Design Process" which is supposed to
influence the site plan. The process is described within the ordinance, but is summarized as
follows:
Step 1 — Identify Conservation Areas. This step includes first identifying "unbuildable areas"
(shown in green, white, dark blue, and light blue in the applicant's plans) and then identifying
Conservation Areas which are buildable (shown in yellow in the applicant's plans). The
remaining land is potentially buildable land area (shown in grey in the applicant's plans)
Step 2 — Locate Housing Sites. Sites should be located in relation to views and buildable land
areas. The sites are shown as boxes with an "X" on the applicant's plans.
Step 3 — Align streets and trails. Streets are shown in brown on the applicant's plans. No
trails are shown at this time.
Step 4 — Draw lot lines.
Staff went through the Site Design Process as part of the review, the results of which are attached
to this report.
General Performance Standards
Minimum Size of Subdivision
A CD-PUD subdivision within the Rural Residential zoning district is required to be a minimum
of 40 acres in size. The proposed subdivision is approximately 110 acres.
Required Conservation Area
A minimum of 30% of the total Buildable Land Area, or higher depending on the land and
opportunities to achieve the City's conservation objectives, is required to be included in the
Conservation Area. Although a total of 57.5 gross acres are proposed in the conservation area,
most of this area consists of wetlands and wetland buffers. A relatively small amount (9.65
acres) is considered buildable. This accounts for approximately 29.3% of the buildable land
area. Staff recommends more buildable land area within the conservation area.
Wally Marx Page 3 of 8 July 12, 2011
CD-PUD Concept Plan Planning Commission Meeting
Perimeter Setbacks
The CD-PUD ordinance requires that structures meet the standard minimum setbacks from the
perimeter of the subdivision. Staff recommends that the house pads shown on Lots 1 and 2 be
moved so that they are a minimum of 50 feet from the exterior of the site.
Density and Design Flexibility
The CD-PUD ordinance allows the City to grant flexibility from standard City requirements. It
appears that flexibility is being requested from the following City regulations:
Density/Lot Size/Width
The applicant proposes 10 residential lots; existing rural residential regulations would not allow
further subdivision of the existing four parcels. The CD-PUD ordinance allows the City to grant
additional density as an incentive, up to a
maximum of 200% of the base density.
The base density is determined by the
standard underlying zoning designation (in
this case, 5 -acres of contiguous suitable
soils per lot). According to Hennepin
County Soils data, it appears that there is a
six acre contiguous area of suitable soils in
the northwest corner of the site and a
twelve acre contiguous area of suitable
soils in the center of the property (see insert
at right).
This results in a base density of three over
the northern three parcels, and 200% of the
base density would be six lots. The
southern parcel does not include enough
suitable soils to add to the base density, but
includes some of the highest quality
portions of wetlands and also a portion of
the Maple -Basswood Forest. As such, staff
would support adding an additional lot to
the maximum density. This would be a maximum of seven lots, with the amount of bonus
decided by the Planning Commission and City Council based on how well the subdivision would
achieve the City's conservation objectives.
1011623320002
16
11823310002
1611623330001
0.47
Primary/Alternate septic sites on each lot
Standard City regulations require a primary and alternate septic site within each lot. The
applicant has identified two septic sites for each lot, but a number of them are not located within
the lots, and some are quite distant. The CD-PUD ordinance allows the City to grant flexibility
to its. standard septic regulations, although it does require that at least the primary septic site be
located within each lot. The secondary site may be located in an outlot, and even in a
conservation area, so long as the construction of the septic site would not be inconsistent with the
conservation objectives of the ordinance. The City Building Official has expressed concern
Wally Marx Page 4 of 8 July 12, 2011
CD-PUD Concept Plan Planning Commission Meeting
about the distance of the septic sites from the homesites, and strongly recommends that each
primary septic site be located within the lot it serves. Staff has also noted that a number of the
proposed septic locations are within the wooded area of the lot (in fact, some are within the
9.65 buildable acres proposed to be conserved) and are concerned about tree removal and impact
on connectivity of the open space. Staff conducted a site visit and located the proposed septic
locations. These areas do appear to have limited numbers of significant trees (over 8" in
diameter), although would require removing a large number of smaller trees. Staff believes that
the potential construction of septic systems within wooded conservation areas is not consistent
with the conservation objectives and believes there are opportunities to locate some of these sites
in areas that have been previously altered.
Shoreland setbacks
The building pads identified for Lots 5 and 6 do not meet the 150' setback requirement from the
ordinary high water level of the lake. Staff recommends that these buildings either meet setback
requirements or that stormwater management practices be implemented which mitigate runoff
from the sites.
Shoreland lot width
Lots 1-3 do not meet the minimum 200' lot width adjacent to the lake. Staff also noted the large
number of lots which are proposed to have frontage on the lake (Lots 1-6). Staff believes that
limiting lots with lake frontage would better serve the City's conservation objectives. This could
be accomplished perhaps by having one shared outlot along the lake for all lots and the
remaining frontage be within a conservation area.
Septic setbacks from wetlands
The septic sites for Lots 6, 7, and 10 do not meet the required 75' setback from wetlands. The
secondary sites on Lots 6 and 10 are approximately 60 feet from wetlands (and the absorption
area will likely be more), and the secondary site for Lot 7 is approximately 30 feet. Depending
on the density determined appropriate by the Council, it may be possible to shift some of these
sites.
Analysis
Following is a summary of the proposed lots in the subdivision:
Lot Area
Upland Area
Suitable Soils
RR Standard
5 acres suitable
N/A
5 acres
Lot 1
4.28 acres
2.9 acres
2.3 acres
Lot 2
4.20 acres
2.3 acres
1.5 acres
Lot 3
3.02 acres
1.5 acres
0.3 acres
Lot 4
3.91 acres
1.8 acres
1.6 acres
Lot 5
8.17 acres
1.2 acres
0.25 acres
Lot 6
10.43 acres
1.2 acres
0.0 acres
Lot 7
9.60 acres
9.27 acres
2.2 acres
Lot 8
2.97 acres
2.97 acres
1.0 acres
Lot 9
1.79 acres
1.79 acres
0.0 acres
Lot 10
2.78 acres
2.3 acres
0.0 acres
Wally Marx
CD-PUD Concept Plan
Page 5 of 8
July 12, 2011
Planning Commission Meeting
The CD-PUD process allows the City a good deal of discretion with the amount of flexibility
which may be granted based on how well a proposal meets the City's conservation objectives.
The quality of the natural resources and connectivity of corridors, as well as the quantity of
conservation area should guide the decision on the flexibility, which also needs to be incentive
enough for the property owner to choose to proceed with conservation design.
The applicant proposes 57.5 acres within the conservation area. Most of this area is wetland or
would be within wetland buffers required to be protected by easement under a standard
development. 9.65 acres of buildable area (29.3% of the total buildable area on the property) is
proposed within the conservation areas. Of the buildable conservation area, 1.62 acres are
located within the 50 foot required structure setbacks around the perimeter of the site, and
0.8 acres are proposed to be impacted with septic systems.
Staff believes that the following changes to the design would better serve the conservation
objectives of the City:
• Conserve area proposed for construction of Lot 9
• Reduce impacts of the road serving Lots 4-6 — this could perhaps be accommodated by
shared drives for each pair of homes
• Relocate the septic sites serving Lots 3-6 — previous submittals identified more septic
sites in the existing disturbed areas on the east side of the property.
• Reduce wetland impacts for driveway — it appears that the primary reason for this impact
is to increase the size of Lot 4
Timing, Ag Preserve Covenant
The northeastern 42 acre parcel is currently guided Agriculture and zoned Agricultural Preserve.
This designation requires that the density not exceed one unit per 40 acres. Obviously, the
proposed subdivision would not be consistent with this requirement. As such, a Comprehensive
Plan Amendment and rezoning of the property would be required before the property could be
platted under CD-PUD process. The property owner has enrolled this property within the
Metropolitan Agricultural Preserve program, which prevents more dwelling units from being
created within the northeastern 42 acres until February 28, 2016. Approvals at the various stages
of the PUD process expire in 180 days, so the timelines are not consistent. The applicant has
stated that they intend to request that the City Council extend the approvals until after the
property comes out of Ag Preserve in 2016.
Floodplain Amendment
FEMA floodplain maps identify large portions of this site as "A," or having more than a 1%
chance of flooding. However, Zone "A" does not have a flood elevation established, and are
based on national -level data which are commonly inaccurate upon further investigation. The
topography of this site suggests that large portions would likely not be in the floodplain if studied
further. Staff recommends that the applicant obtain a map amendment from FEMA to clarify the
location of any floodplains on the property.
Wally Marx Page 6 of 8 July 12, 2011
CD-PUD Concept Plan Planning Commission Meeting
Engineering and Building Official Comments
Comments from the Building Official and City Engineer are attached. The primary engineering
comments involved providing stormwater management improvements and attempting to
minimize the slope on the private roads. The building official comments requested more
information on the septic sites, and the building official also urged staff to support the primary
septic sites being located within each lot.
Conservation Area Protection, Ownership, and Maintenance
The applicant has provided very little information with regards to who will own the Conservation
Area and who will hold the conservation easement. It appears likely that an HOA will own the
property, and the applicant has stated that they are in discussion with various conservation
groups related to holding the easement. Staff recommends that the ownership of the
conservation area as well as the party who will hold the easement be decided prior to the general
plan of development and preliminary plat. A restoration and maintenance plan should also be
prepared at the general plan and preliminary plat stage.
Staff Recommendation
Staff recommends that the Planning Commission discuss the conservation objectives of the City
in relation to the requested zoning flexibility in the proposed CD-PUD concept plan. The
Commission should provide a recommendation of changes to the concept plan. The following is
a list of potential changes and conditions identified by staff in this report.
1. Additional density shall be determined by the City Council based on the conservation
objectives, the quality of natural resources protected and the quantity of property
conserved, and consistent with the CD-PUD ordinance.
2. Septic systems shall not be located within wooded conservation areas, and primary sites
shall be located within the lot served.
3. Plans should be updated to reduce construction within the wooded areas of the site and to
increase connectivity between the wetlands on the southern end of the property and the
lake.
4. All homesites shall be a minimum of 50 feet from the exterior property lines of the
subdivision. Setbacks between lots within the subdivision shall be determined during the
review of the General Plan of development.
5. The number of lots with frontage on the lake shall be reduced, potentially by utilizing a
shared outlot/access.
6. Homesites shall meet setbacks from the ordinary high water level of the lake, or
stormwater improvements shall be integrated into the design to treat water from the
residential lots.
7. All comments from the City Engineer and Building Official shall be addressed upon
submission of a General Plan of Development.
8. The applicant shall obtain a map amendment in order to accurately locate floodplains on
the property.
9. The General Plan of Development shall identify plans for ownership and management of
the conservation area, as well as restoration/maintenance plans acceptable to the proposed
easement holder.
Wally Marx
Page 7 of 8 July 12, 2011
CD-PUD Concept Plan Planning Commission Meeting
Attachments
1. Conservation Design-PUD Ordinance
2. Comments from City Engineer dated 5/25/2011
3. Comments from City Ecologist dated 6/13/2011
4. Comments from City Fire Marshal dated 5/13/2011
5. Site Design Process exhibit conducted by Staff
6. Applicant's Narratives
7. Concept Plan/Site Design dated May 13, 2011
8. DVD of Wally's Gardens
Wally Marx Page 8 of 8 July 12, 2011
CD-PUD Concept Plan Planning Commission Meeting
Medina City Code
ATTACHMENT 1: Conservation Design ordinance (11 pages)
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.
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.
827. Zoning — Zoning Districts Page 30 of 41
Medina City Code 827. Zoning — Zoning Districts
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
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.
827. Zoning — Zoning Districts Page 31 of 41
Medina City Code 827. Zoning — Zoning Districts
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.
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.
827. Zoning — Zoning Districts Page 32 of 41
Medina City Code 827. Zoning — Zoning Districts
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.
Section 827.60 Open Space Report Composite Map Appeal Process. In the event that an
applicant is not in agreement with the Composite Map of the Open Space Report or the data
contained within a report on which the Composite Map is based upon, the applicant may present
an appeal to the city.
Subd. 1. The applicant shall put the appeal in writing, accompanied by the fee as described
by the City's Fee Schedule, and is responsible to provide documentation supporting their
appeal.
Subd. 2. The appeal shall be reviewed by city staff, with the assistance of any technical
consultants which city staff shall determine are appropriate. Such consultants may
include, but are not limited to, environmental engineers, wetland scientists, arborists and
other similar experts. City staff shall make a determination on the appeal within sixty
days of receipt of a complete appeal application.
Subd 3. The applicant may appeal city staffs decision to the city council. The appeal must
be filed within thirty days of staff's determination.
827. Zoning — Zoning Districts Page 33 of 41
Medina City Code 827. Zoning — Zoning Districts
Subd. 4. The applicant shall be responsible for the costs accrued by the City in review of the
appeals described above, including the costs of technical consultants hired by the City.
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.
827. Zoning — Zoning Districts Page 34 of 41
Medina City Code 827. Zoning — Zoning Districts
(3) Upland buffers and tree preservation regulations provided that the objectives of
these regulations are met for the site as a whole.
(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.
827. Zoning — Zoning Districts Page 35 of 41
Medina City Code 827. Zoning — Zoning Districts
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.
iv. The restrictions on the use of the land and from future development.
(3)
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
827. Zoning — Zoning Districts Page 36 of 41
Medina City Code 827. Zoning — Zoning Districts
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.
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:
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:
(3)
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
827. Zoning — Zoning Districts Page 37 of 41
Medina City Code 827. Zoning — Zoning Districts
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.
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.
827. Zoning — Zoning Districts Page 38 of 41
Medina City Code 827. Zoning — Zoning Districts
Subd. 4. Planted buffers between clusters of residential lots are encouraged to enhance
privacy and a rural appearance between lots.
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
827. Zoning — Zoning Districts Page 39 of 41
Medina City Code 827. Zoning — Zoning Districts
Area land within the subdivision and in which membership in the association by all
property owners in the subdivision is mandatory.
(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.
827. Zoning — Zoning Districts Page 40 of 41
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