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HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-079CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-79 AN ORDINANCE ADDING SECTION 301 OPEN SPACE PRESERVATION, AND REPEALING SECTION 300.07 SUBD. 4. "O". OPEN SPACE PRESERVATION DISTRICT" CITY OF LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 301 Open Space Preservation is hereby added to the Lake Elmo Municipal Code, to wit: 301- Open Space Preservation 301.01 -Purpose. The purpose of Open Space Preservation (OP) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors and other significant natural features while allowing residential development consistent with the goals and objectives of the City's Comprehensive Plan. This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. Protected Open Space will enhance and preserve the natural character of the community and create distinct neighborhoods. 301.02 Intent. It is the intent of the City of Lake Elmo to accomplish the stated purpose of OP by approving a Conditional Use Permit for portions of property currently zoned Agricultural, Rural Residential and Rural Estate; and by adopting the comprehensive development regulations contained herein. In return for requiring Preserved Open Space as contained herein; it is the intent of the City of Lake Elmo to allow dwelling unit density that will provide a development density equal to or greater than the prior zoning; AG, Agricultural, RR, Rural Residential. and RE Residential Estate. 301.03 Definitions. Unless specifically defined in this Section, common definitions, words and phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage throughout this Code and are found in Section 150. 301.04 Use Regulations. Within OP, the following uses are allowed Subd.1. Permitted Uses. A. Single-family, detached. B. Preserved Open Space. C. Conservation easements. D. Agricultural E. Cooperative gardening. R Horticultural and Floriculture services. G. Private stables. H. Single-family, attached I. Townhouses (no more than 25% in any development) J. Wayside Stand Subd.2. Accessory Uses. Uses that are typically found accessory to a permitted use. Subd. 3. Prohibited Uses. All other uses are hereby prohibited 301.05 OP Conditional Use Permit Required. No property may be developed responsive to this Section unless approval is obtained from the City Council following its approval of the, Concept Plan, Development Stage - Plan, Conditional Use Permit and Final Plan described herein. Applications for Council approval shall be submitted on fomts provided by the City Administrator together with all required fees, maps, surveys and planning data. Only completed applications shall be referred to the Planning Commission for review. 301.06 Development Standards. OP Developments shall complywith the following minimum standards unless modified by four -fifths (4/5) affirmative votes of the City Council. Subd.1. Land Area. Applications for a residential development in the OP District shall meet all the following criteria: A. The minimum land area for an OF -Conditional Use Permit is a nominal contiguous forty (40) acres. The ratio of parcel length to width shall not exceed 3:1. The total number of dwelling units permitted shall be according to the development density criteria contained in the Comprehensive Plan. The total number of dwelling units within an OF Development shall not exceed the density limitations contained in the Comprehensive Plan for OP Districts. B. The total Preserved Open Space area within the OP Development shall be at least fifty (50) percent of the total Buildable Land Area, as defined by Chapter 150 of the City Code. Areas not meeting the definition of Buildable Land Area shall not be not be considered to be Preserved Open Space in determining the amount of Preserved Open Space proposed. C. Dwelling units shall be grouped so that at least 50% of the Buildable Land Area of the proposed development remains Preserved Open Space. The Preserved Open Space shall consist of agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community recreational areas. Subd. 2. Open Space Easement Required A. Preserved Oven Space Standards 1. All Preserved Open Space shall be subject to a conservation easement and used for the purposes as defined by this ordinance. The land shall be controlled in one or more following manners as determined in the City s sole discretion: (a.) Owned by an individual or legal entitywho will use the land for Preserved Open Space purposes as provided by permanent conservation restrictions (in accordance with Chapter 84C.01-.05 of Minnesota Statutes), to an acceptable Land Trust as approved by the City. (b.) Conveyed by Conservation Easement to the City. 2. Not less than 60% of the Preserved Open Space shall be in contiguous parcels of not less than ten (10) acres. 3. Parks and recreational facilities shall be provided in addition to Preserved Open Space as specified in the Lake Elmo Parks Plan; and, consistent with the park dedication and fees - in -lieu standards as speed by Chapter 400 of the City Code. 4. The Preserved Open Space land shall be maintained for the purposes for which it was set aside. If Preserved Open Space was set aside for agricultural purposes or for natural habitat, a plan shall be submitted which will indicate how the land will be maintained or returned to a natural state and who will be responsible for plan implementation. Developers shall provide copies of deed covenants to prospective purchasers, and conservation easements to the City, describing land management practices to be followed by the party or parties responsible for maintaining the Preserved Open Space. 5. Where applicable, a homeowner's association shall be established to permanently maintain all residual open space and recreational facilities. Such homeowners association agreements, guaranteeing continuing maintenance, and giving lien right to the City if there is lack of such maintenance shall be submitted to the City as part of the documentation requirements of this Section for a Final Plan. 6. Preserved Open space parcels uses shall be contiguous with Preserved Open Space or Public Park - on adjacent parcels. C. Lot Design. Lots shall be designed to achieve the following objectives (listed in order of priority): 1. On the most suitable soils for sub -surface septic disposal. 2. On the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for such agricultural use. 3. Within any woodland contained in the parcel, or along the far edges of the open fields, adjacent to any woodland (to reduce impact upon agriculture, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by natural landscape features). 4. In locations least likely to block or interrupt scenic vistas, as viewed from I3ighway 36 and Highway 5 corridors, and other local roads as designated in the Comprehensive Plan. 5. Away from woodlands in open fields. D. Structures. Homes shall be oriented on the site that meets the criteria of Waal hamlet. It is desired that the structures within neighborhoods convey a particular architectural style with similar building components, materials, roof pitches. E. Buffer Zones. Where a proposed OP development abuts an existing residential development or a parcel of land not eligible for future development under the OP Ordinance due to insufficient parcel area, a two -hundred (200) foot setback shall be provided between the property line of the abutting parcel and any structure or driving surface within the OP development. Driving surfaces that cross the setback area at a 90-degree angle shall be the only exception. Where a proposed OP development abuts an existing OP development, or a land parcel eligible for future development under the OP Ordinance, a one hundred (100) foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be substituted Such setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces such physical features that provide an effective year round buffer of the structures proposed for the OP site from existing residences or development. The determination of the buffering effectiveness of existing or introduced physical features that qualify a site for a 100-foot buffer shall be at the sole discretion of the City Council. F. Boulevard Landscaping. Boulevard landscaping is required along all streets to consist of at least one (1) tree per every thirty- (30) feet or placed in clusters at the same ratio. A landscape plan for the entire site is required and shall consist of at least ten (10) trees per building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level. G. Pathway. A pathway system or sidewalks shall be identified which will extend through the buildable land area or through the open space land to connect to a planned or developed pathway on adjacent parcels or to a local road Pathways shall be linked to the "Old Village' to emphasize the connection between existing and new development. Pathways provided shall be at least equal in length to the sum of the centerline length of all public roads within the development. Pathways shall be constructed of asphalt or concrete in compliance with the Standard City Design Plate for OP Trails. H. Densities.. The maximum dwelling unit density shall be Sixteen (16) units per forty (40) gross acres of Buildable Land To preserve historic structures, the following density bonus shall apply. 1. One (1) additional unit shall be permitted per OP development for $25,000 or more of estimated cost expended for the restoration and rehabilitation of a historic structure. The determination of what shall constitute a historic structure for the purposes of this allowance shall be made by the City Council on a case -by -case basis. The following shall be the minimum criteria for consideration of a structure as historic for the purposes of this paragraph: (a.) The structure shall have been originally constructed on the OP site. (b.) The structure shall reflect agricultural heritage. (c.) The planned rehabilitation/renovation shall preserve the historic appearance and character of the structure. I. Minimum District Requirements. Open Space Preservation District (OP) Single Family Townhouse Maximum Building Height Primary Structure 2'/z stories or 35 feet 2'/2 stories or 35 feet Maximum Building Height Accessory Structures 25 feet 1 Story/20 feet whichever is less Minimum Lot Width '/i acre lot 1 acre lot N/A N/A Maximum Lot Coverage: Buildable Land Area 10% N/A Minimum Setback Requirements Front Yard 30 feet 20 feet Side Yard 15 feet or 10% of lot width, whichever is greater 15 feet or 10% of lot width, whichever is greater Comer Lot Front 30 feet 30 feet Comer Lot Side Yard 30 feet 30 feet Well From Septic Tank 50 feet 50 feet Minimum Lot Size Individual Well and Septic System 1 acre N/A Individual Well and Communal Drainfield 1/2 acre 8,000 square feet/per unit J. Utilities. 1. OP Developments maybe platted to accommodate home site lots with either individual septic tanks and drainfields; or, with individual septic tanks and communal drainfields. Single-family or multiple -family lots under one (1) acre shall be constructed with an individual septic tank and a communal drainfield. 2. All septic systems shall conform to the performance standards of the Minnesota Pollution Control Agency%s standards for sewage treatment systems WPC-7080 and its appendices, or the MPCA standards in effect at the time of installation and septic system regulations of the Lake Elmo Municipal Code. 3. Communal drainfields may be partially or completely located in an area designated as Preserved Open Space provided: (a.) The ground cover is restored to its natural condition after installation. (b.) Recreational uses are prohibited above or within fifty (50) feet of communal drainfields, or as approved by the City Engineer. 4. No wetland treatment system shall be allowed within the village green. K. Streets. Streets shall be developed according to the following standards that promote road safety, assure adequate access for fire and rescue vehicles, and promote adequate vehicular circulation: 1. Streets shall be designed according to the following standards; pavement shall be 14-16 feet wide for one-way streets; pavement shall be 22-24 feet wide for two-way streets; and the pavement width shall be 22-24 feet for streets where homes are located on one side of the street. 2. The minimum street right-of-way for one way streets shall be 40 feet and the minimum right-of-way for two way street shall be 50 feet. 3. Streets shall not be constructed with a rural cross section. 301.07 Historic Preservation. Historic Structures on the site shall be identified. 301.08 OP Development/Concept Plan. Subd.1. Required Submittals -- Development/Concept Plan The applicant shall submit 20 copies of a Concept Plan for a development of an OP that shall include the following information: A. An existing conditions plan which identifies the following (Drawn to a scale of 1"=1001): 1. Primary Conservation Areas. 2. Secondary Conservation Areas. 3. Site Topography at 2-foot contour interval 4. Location and description of existing vegetative cover B. A general site plan to include the general location of all platted lots, streets, and open space areas, structures, trails, common open spaces and parks: (Drown to scale of 1"=100') C. The applicant shall submit a schedule of site characteristics, calculated in acres, which shall include the following: 1. Environmental Resources- Include Map and calculated acreage of the following. (a.) Total Site (b.) Protected Wetlands (c.) Wetland buffer/setback area (d.) 12% - 24% sloped area (e.) 25% + sloped area (f.) Woodlands 2. Public Improvements: Include map and calculated acreage of the following: (a.) Public road right of way (b.) Drainage way and ponding areas (c.) Trails/bikeways and sidewalks (outside of road right of way) (d.) Utility easements (e.) Public Parks 3. Proposed Development: Include map and calculated acreage of the following: (a.) Total residential area (b.) Total commercial land area (c.) Total Preserved Open Space 4. A General Landscape Plan. 5. Statement of Intent. If applicable, provide a statement of intent establishing a homeowners association with bylaws and deed restrictions to include, but not be limited to, the following: (a.) Ownership, management and maintenance of defined Preserved Open Space (b.) Maintenance of public and private utilities. (c.) General architectural guidelines for principal and accessory structures. 6. Proposed Staging Plan. 7. Historic Preservation Plan. Where applicable, an historic preservation plan for any historic structures on the site. Subd. 2. Planning Commission Review. Upon receipt of a complete Concept Plan application as certified to by the City Planner, the Planning Commission shall review OP Development Concept Plan application at a Public Hearing preceded by ten (10) days published notice and two (2) weeks mailed notice to the recorded owners of each parcel located within 350 feet of the perimeter of the proposed development. The Planning Commission shall make its recommendations to the City Council within thirty (30) days of receipt of a complete application, and shall include its findings on the following: A. The Concept Plan is consistent with the goals, objectives and policies of the Comprehensive Plan. B. The Concept Plan is consistent with the purpose of the Open Space Preservation Ordinance. C. The Concept Plan complies with the development standards of the Open Space Preservation Ordinance. Subd. 3. City Council Review. The City Council shall review and approve or deny OP Development Concept Plan within thirty (60) days of the receipt of a complete application. The City Council may also table its review a reasonable time, if necessary to obtain information that will enable the Council to make a reasonable decision, and if the extension is consented to the by the applicant on the record. OP Development Concept Plan approval shall require three (3) affirmative votes of the CityCouncil. Subd. 4. Limitation of AP rp oval. Unless an OP Development Preliminary Plan is submitted within twelve (12) months from the date on which the City Council approved the OP Development Concept Plan, the Concept Plan approval shall expire. The City Council, in its sole discretion, may extend the filing deadline for an OP Development Preliminary Plan and Conditional Use Permit if an application for extension is fled and approved by the City Council before the OP Development Concept Plan approval expires. 301.09 OP Develovment Preliminary Plan, Preliminary Plat and Conditional Use Permit Subd.1. Submittals. The OP Development Preliminary Plan shall include the following: A. A statement of City action necessary for implementation of the proposed plan. B. Twenty (20) sets of site plans, drawn to scale of not less than one (1) inch equals one hundred (100) feet containing at least the following information: 1. Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in Washington County). 2. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property that may have an impact on the open space or the development. 3. Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian trails; and the total site coverage of all circulation elements. 4. Location, designation and total area of all Preserved Open Space. 5. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. 6. Proposed lots and blocks, if any, and numbering system. 7. The location, use and size of structures and other land use on adjacent properties. 8. Preliminary sketches of proposed landscaping. 9. General grading and drainage plans for the developed OP Development. 10. Such Development plans shall also indicate the results of deep soil test pits and percolation tests, at the rate of no fewer than two (2) successful test results for each proposed septic disposal area. 11. Any other information that may have been required by the City Council in conjunction with the approval of the OP Development Concept Plan. C. An accurate legal description of the entire area within the OP Development for which development plans approval is sought. D. Architectural and performance standards for the development. E. Preliminary grading and site alteration plan illustrating changes to existing topography and natural vegetation. The Plan should clearly reflect the site treatment and its conformance with the approved Concept Plan. F. A Preliminary Plat prepared in accordance with Chapter 505 of the Statutes of Minnesota, Section 400 of the Lake Elmo Municipal Code, and other applicable laws. G. A Soil Erosion Control Plan clearly illustrating erosion control measures to be used during construction and as permanent measures. H. Homeowner's Association Documents including bylaws, deed restrictions, covenants, and proposed conservation easements. Subd. 2. Planning Commission Review. Upon receipt of a complete OP Development Preliminary Plan by the City, as certified as complete by the City Planner, the City Planner shall refer the Preliminary Plan to the appropriate City Staff, consultants, and other review agencies. The Planning Commission shall review the OP Development Preliminary Plan and shall schedule public hearings as required for Preliminary Plat and Conditional Use Permit review within thirty (30) days of the City Planner's receipt of a completed application and shall make its recommendations to the City Council regarding the Preliminary Plan, Conditional Use Permit and Preliminary Plat. Subd. 3. City Council Review. Within sixty (60) days of the City receipt of a complete application the City Council shall review the OP Development Preliminary Plan, Conditional Use Permit and the Preliminary Plat. The OP Development Plan, Conditional Use Permit and Preliminary Plat shall require three- (3) affirmative Council votes for approval. Upon approval, the City Council shall instruct the City Attorney to draw up an OP Development Agreement that stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, City Administrator and applicant within thing (30) days of Council approval of the OP Development Preliminary Plan and Conditional Use Permit. Subd. 4. Limitation on Preliminary Plan Approval. Unless a Final Plan covering the area designated in the Preliminary Development Plan as the first stage of the OP Development has been filed within six (6) months from the date Council grants approval, or in any case where the applicant fails to file Final Plans and to proceed with the development according to the provisions of the Ordinance, the Preliminary Development Plan and Conditional Use Permit shall expire. The Council may at its discretion, extend the filing deadline for any Final Plan when, for good cause shown, such extension is reasonable. In any case where Preliminary Development Plan and Conditional Use Permit approval expires, the Concept Plan approval and Preliminary Development Plan approval for that portion of the OP Development that has not received Final Plan approval is void. 301.10 OP Development Final Plan. The purpose of the Final Plans is to provide a complete, thorough and permanent public record of the OP Development and the manner in which it is to be developed It shall incorporate all prior approved plans and all approved modifications thereof resulting from the OP Development process. It shall serve in conjunction with other City ordinances as the land use regulation applicable to the OP Development. Subd.1. Submittals Required. After approval of the Concept Plan and Preliminary Plan for an OP Development, the applicant shall submit the following material for review by the City Staff prior to the issuance of any building related permits: A. A detailed landscaping plan. B. All easements and restrictive covenants. C. All certificates, seals and signatures required for the dedication of land and recording of documents. D. General architectural working drawings of all historic structures to be rehabilitated. E. Final engineering plans and specifications for streets, utilities and other public improvements, together with all required development agreements for the installation of such improvements. F. Any other plans, agreements, or specifications reasonably necessary for the City Staff to review the proposed construction. G. Final plat. Subd. 2. City Council Review. The Final Plan is intended only to add administration detail to, and to put in final form, the information contained in the Concept Plan and the Preliminary Development Plan, and shall conform to the Concept Plan and Preliminary Development Plan. The City shall review and approve the Final Plan and Final Plat within 60 days of receipt of a complete Final OP Development Plan and Final Plat, as certified as complete by the City Planner 301.11 Recording of Final Plat The applicant shall submit to the City the recordable Final Plat drawings; all easements, deeds, plans, fees, financial security, and such other documentation as may be required by the Development Agreement within thirty (30) days of Final Plan and Final Plat approval by the City Council. The recordable Final Plat, approval Resolution, and such other documents that require recording shall be released by the City to the applicant for such recording only upon review and approval by appropriate City Staff; and, execution by the applicant and required City officials. 301.12 Building and Other Permits Except as otherwise expressly provided herein, upon receiving written notice from the City Planner that the approved Final Plan has been recorded and all conditions of approval satisfied, the City Building official may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan; provided, however, that no such permit shall be issued except upon proper application and after the requirements of all other applicable codes and ordinances have been satisfied. 301.13Limitation on Final Plat Approval. Within eighteen (I8) months after approval of a Final Plan for OP Development, or such shorter time as may be established by the approved development schedule, construction shall commence according to such approved plan. Failure to commence construction within such period shall automatically render void the OP Conditional Use permit and all approvals for the final OP Development Plan. The City Council may at is discretion extend the construction time as necessary when good cause is shown IM 301.14 Method of Amending an OP Conditional Use Permit. Any desired change involving structural alteration, enlargement or intensification of the use not specifically allowed by the specific terms of a previously passed OP Conditional Use permit, shall require that an application be filed for an amended permit and all procedures shall then apply as if a new permit was applied for. 301.141nformation Requirements: Additions -Exceptions. Subd.1. Records. The City Administrator shall maintain a record of all permits issued including information on the use, locations, conditions imposed, time limits, review dates, and such other information as may be appropriate. Section 2. Amendment: 300.07 Subd. 4. Open Space Preservation District is hereby repealed in its entirety. Section 3. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest: Mary Kueffner, City Clerk/Administrator Adopted by the Lake Ehno City Council on May 1, 2001. Published in the Stillwater Gazette on 11 Summary of Ordinance 97 - 79 On the I' day of May, 2001, the Lake Elmo City Council adopted Ordinance 9779. On the 4"h day of September, 2001, pursuant to Minnesota Statute §412.191, Subd. 4., the Lake Elmo City Council, by four affirmative votes, directed that a Summary of Ordinance 97-79 be published. Lake Elmo Ordinance 9719 is entitled: "Open Space Preservation" relating to the following. 301 Open Space Preservation 301.01 Purpose. 301.02 Intent. 301.03 Definitions. 301.04 Use Regulations. 301.05 OP Conditional Use Permit Required. 301.06 Development Standards. 301.07 Historic Preservation. 301.08 OP Development/Concept Plan. 301.09 OP Development Preliminary Plan, Preliminary Plat and Conditional Use Permit 301.10 OP Development Final Plan. 1.11 Recording of Final Plat 301.12 Building and Other Permits 301.13 Limitation on Final Plat Approval. 301.14 Method of Amending an OP Conditional Use Permit. 301.15 Information Requirements: Additions -Exceptions. A copy of Ordinance 97-79 is available for inspection by any person during regular business hours at the office of the Lake Elmo City Administrator, 3800 Laverne Avenue North, Lake Elmo, MN 55042 Mary ue , CityAdratrustrator Published in the Stillwater Gazette on , 2001.