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HomeMy WebLinkAbout2005.04.04 ORD 2005-397ORDINANCE 2005-397 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE AN ORDINANCE ESTABLISHING A RURAL PRESERVATION PROGRAM ALLOWING FOR CERTAIN DEVELOPMENT AND REQUIRING THE PRESERVATION OF OPEN SPACE IN THE AREAS OF THE CITY THAT ARE ZONED AGRICULTURAL OR RURAL RESIDENTIAL. SUMMARY OF THE ORDINANCE: 1. Section 1 defines the purpose of this ordinance allowing an alternative to large lot development in the rural areas by allowing smaller lots and higher densities and requiring the protection of the City's rural character. 2. Section 2 outlines the intent of the ordinance, which is to preserve natural amenities and other important rural elements, while providing guidance for the development of land on large tracts of land that will provide additional residential density while successfully integrating the development into the rural landscape and providing open space. Section 3 outlines procedures for processing an application for a rural preservation plat. It encourages a pre -application meeting, followed by a sketch plan review of the project by the Planning Commission and City Council. Following the sketch plan review is the required submission of a preliminary plat. The ordinance outlines the information that is required to be submitted with the application for the sketch plan or the preliminary plat. 4. Section 4 specifies the development standards. The minimum parcel size for a rural preservation plat is 40 acres. Exceptions to the 40 acre rule can be obtained where the property is adjacent to other property that is or can be enrolled in the Rural Preservation Program. Exceptions can also be granted for property that provides a unique opportunity to preserve an important natural feature or provide public access to it, or for other property that meets the intent of the ordinance. The ordinance requires 50 percent of the land to be dedicated as preserved open space. At least 25 percent of the open space shall be buildable area. The ordinance defines buildable area. There is no minimum lot size for the lots within the development. Minimum setbacks for buildings are 50 feet from the front property line, 10 feet from the side property line, and 25 feet from the rear property line or side property line adjacent to a street. Buildings must be setback at least 100 feet from arterial roads. Standards for accessory structures are outlined in a separate development agreement for each project. Section 4 continues by specifying standards for open spaces and Homeowners Associations. Open spaces within the development shall be protected by a conservation easement. Open spaces shall be connected and should be contiguous to adjacent natural areas and parks. Open spaces shall be owned and maintained by a homes association or other entity that is qualified to care for the land. Homeowners Associations may be established to permanently maintain the open spaces. Standards are established for collection of dues and responsibilities for maintaining open spaces and community septic systems. 6. Section 4 continues by specifying standards for water and sewer systems and for off-site improvements. Water may be provided by individual or community wells. Septic systems can be designed individually for each lot, provided they meet all State and County standards. Community septic systems are subject to review and approval by the City. A sewage management plan is required outlining ownership, maintenance and contingency plans for any community system. Off-site improvements may be required by the City in order to accommodate the development. Under certain circumstances, escrow accounts or assessment agreements may be required to allow for future improvements. Section 4 continues by establishing lot design guidelines. Lots should be arranged around central focal points, around natural features, and interior to the site, away from the perimeter property lines. At least 50 percent of the lots should abut open space, and view corridors should be preserved. Pedestrian corridors should be provided, and garages should be located so they do not dominate the streetscape. Landscaping may be required to soften the impact of the development to adjacent property. 8. Section 5 describes the requirements for an open space preservation plan, which is to be submitted with a preliminary plat. Open spaces may be owned by a variety of entities capable of maintaining the property, including homeowners associations, individuals, land trusts, or public entities. The use of the open space shall be restricted in perpetuity. 9. Section 6 provides the calculation of density for the development. The base density shall be 2 units per 10 acres of land. Density bonuses can be provided to obtain a maximum density of 3 units per 10 acres of land. Density bonuses can be provided at the discretion of the City for a variety of reasons outlined in the ordinance, including providing access for the public to trails or natural amenities, providing open space beyond the requirements of the ordinance, providing architectural themes, providing community septic systems, eliminating nonconforming uses, providing for the construction of significant off-site improvements, and others. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be in effect from and after its publication. Passed and adopted by the City Council of the City of Hugo this 4th day of April, 2005. iron, Mayor Attest: G Mary n Creager, City "e f Adopted 044-05 Page 1 1195.150.1 — RURAL PRESERVATION PROGRAM Subd. 1. Purpose The purpose of Rural Preservation Program is to maintain the rural character of Hugo and provide public benefit by preserving woodlands, wildlife corridors, agricultural land, open space and other significant natural features. Development under this program will allow an alternative to large lot single-family detached residential plats in the A-1 and RR districts (outside the 2020 Metropolitan Urban Service Area) and reduce the cost of constructing and maintaining public facilities and infrastructure. The purpose is to enhance and preserve the natural character of the community and create distinct neighborhoods. Subd. 2. Intent A. To maintain and protect Hugo's rural character by preserving important landscape elements, including those areas containing unique and environmentally sensitive natural features such as woodlands, hedgerows, stream corridors, wetlands, floodplains, shorelands, prairies, steep slopes, critical species habitat and natural areas by setting them aside from development. B. Preserve natural resources. C. Preserve natural habitat for an integrated system of wildlife corridors. D. To allow for the continuation of agricultural uses in those areas best suited for such activities. E. Preserve scenic views and to maintain rural identity for enjoyment by minimizing view of new development from existing roadways and provide for site development that maintains a low visual impact, particularly along arterial roadways and abutting properties. F. To allow innovation and provide for greater design flexibility in the siting of single- family dwellings and other development features than would be permitted by the application of standard district regulations in order to minimize the disturbance of rural landscape elements, scenic quality and overall aesthetic value of the landscape. G. Physically integrate neighborhoods and open spaces, in order to maintain Hugo's rural identity. H. To increase flexibility and promote efficiency in the siting of services and infrastructure by reducing the costs of construction and maintenance of public facilities, infrastructure and services. Adopted 04-4-Q5 Page 2 I. To permit various means for owning common open space and for protecting it from development in perpetuity. J. To permit active and passive recreational use of common open space by residents of a rural preservation development or by the public where specifically allowed as part of the open space preservation plan. K. To create an attitude of stewardship or caring for the land within common open space by requiring a land management or stewardship plan. L. To provide for the unified and planned development of parcels 40 acres or larger in size for single-family, low density residential uses, incorporating large areas of permanently protected common open space. M. To promote water quality by allowing the use of shared septics, drinking water and stormwater systems. N. Encourage the consolidation of small parcels and encourage cooperation with surrounding landowners to create developments that preserve open space. Subd.3. Procedure A. All procedures for a standard subdivision as provided in Section 1215 of the Comprehensive Land Use Regulations shall be followed for a rural preservation plat, with the addition of the following: 1. Meeting with potential easement holders. In addition to a pre -application meeting with the City, it is recommended that the applicant meet with potential conservation easement holders in order to be made fully aware of any procedures, policies, or other issues regarding the plat. 2. Sketch concept plan. In addition to a pre -application meeting with the City, a sketch/concept plan shall be required that includes the following: a. Topography (minimum of ten -foot contours). b. Soil types and characteristics, such as depth to water table. c. Hydrological features, including surface water bodies, floodplains, wetlands, natural swales and drainageways. d. Vegetation of the site (pasture, woodlands, hedgerows, etc.). e. Description of the current land use and structures on the land, and all encumbrances such as easements or covenants. f. All roads, buildings, utilities, property boundaries, and property use within 500 feet of the tract. 0 Adopted 04-4-05 Page 3 g. An outline of the land area to be protected as open space or park, the number and acreage of lots, areas proposed for stormwater management and on-site or off-site sewage treatment. h. All possible future roads, parks and open space on or adjacent to the subject property. i. Preliminary calculation of the amount of acreage that is public road right-of- way and the area of wetlands and/or public water bodies. J. Identification of natural resource features as identified by the Comprehensive Plan. 3. Data for preliminary plat. All information required to be submitted in Section 1215 is required to be submitted with a rural preservation plat, with the addition of the following: a. A resource inventory presented on an aerial photograph at a scale of no less than one inch equals 200 feet, including the following: 1) Soil types and characteristics, such as depth of water table. 2) Vegetation inventory identifying the general cover types (woodland, pasture, etc.), defining boundaries of woodland areas and stand-alone trees with a caliper of more than 8 inches when measured at a point four feet above the ground level. Vegetation types shall be classified as generally deciduous, coniferous or mixed and described by plant community, relative age and condition. Trees to be removed for streets, drives, buildings, drainage or other purposes shall be identified. 3) Current land use including all buildings, structures, and paved areas, and all encumbrances, such as easements or covenants. 4) Visual resources, showing views onto the tract from surrounding roads and public areas, as well as views within the tract. 5) Cultural resources, including a brief description of the historic character of buildings and structures, historically important landscapes, and archeological features. 6) Context, including general outlines of existing buildings, land use, and natural features such as water bodies or wooded areas, roads and property boundaries within 500 feet of the tract. b. A calculation of the proposed rural preservation program development density as determined by this section. c. A narrative from the applicant as to the rationale behind the proposed layout and open space. d. An itemized list of all documents, agreements and actions necessary to be completed prior to recording of the plat, including land area to be protected with a conservation easement as open space or park, the number and size of lots, areas proposed for stormwater management and on-site sewage treatment areas (primary and secondary). Adopted 04-4-05 Page 4 e. Homeowners' association documents, including bylaws, deed restrictions, covenants, and proposed conservation easements, prepared by the holder of the conservation easement. Subd. 4. Development standards. A. To the maximum extent possible, the development shall comply with the following standards: 1. Providing for access by the general public to trails, parks, or other recreational facilities, excluding golf courses. 2. Reusing existing buildings and structures or preserving specific site features inventoried by the City, County, or State historical preservation office. 3. Providing covenants to create an architectural theme to include items such as porches, side or rear loaded or detached garages, landscape theme, lighting theme or open space/central meeting place. A written narrative describing the architectural theme shall be provided with the preliminary plat. 4. Preserving natural resources, restoring natural resources or enhancing existing natural resources, including woodlands, prairies or wetlands. 5. Enhancing or preserving natural features or viewsheds along public rights-of- way. 6. Preserving agricultural operations on open space parcels for either pasture or crop production. 7. Development of land in concert with surrounding properties to encourage the creation of continuous wildlife corridors. 8. Strategic placement of homes to minimize visual impact on surrounding properties and adjacent public right-of-way. B. Rural Preservation Program shall comply with the following minimum standards except where the City Council determines that alternative standards meet the intent of this division: 1. Land area. a. Minimum gross acreage for rural preservation development shall be 40 contiguous acres. The City Council may consider alternative minimum parcel size requirements and waive this requirement under any of the following circumstances: Adopted 04-4-05 Page 5 • where a smaller property is adjacent to existing land that is enrolled or has the potential to be enrolled in the Rural Preservation Program. • where a smaller property provides a unique opportunity to preserve or to provide public access to a significant natural amenity. • where a smaller property contains other unique qualities that specifically lend itself to fulfilling the intent of the Rural Preservation Program. b. A minimum of 50 percent of the eligible land for development shall be dedicated as preserved open space protected by a conservation easement or deed restrictions in favor of the city. Of that 50 percent, at least 25 percent of the open space shall be buildable area. Buildable area is defined as that portion of a lot on which buildings or structures are functionally possible and permitted to be located by regulation. Buildable areas do not include protected wetlands, steep slopes, non -buildable flood plain areas, setback areas, bluffs, public waters, easements or similar restricted areas. 2. Dimensional regulations. The dimensional regulations for Rural Preservation Program may be reduced from the underlying zoning district dimensional regulations provided they comply with the following minimums: a. Minimum lot size. None. b. Building setbacks. Building setbacks shall be as follows: 1) Front: 50 feet (100 feet from arterial roads). 2) Side, internal: 10 feet. 3) Side, street: 25 feet. 4) Rear: 25 feet. c. Accessory structures such as gazebos, benches and play equipment shall be allowed on preserved open space lots without a principal structure as provided for in the developer's agreement and approved by the City Council. Requirements for other accessory structures such as garages and sheds located on individual lots, shall be determined at the time of approval of the preliminary plat. Open space requirements. To the maximum extent possible, open space intended to be preserved as part of a rural preservation development shall meet the following criteria: a. Open spaces shall be protected by the placement of a conservation easement or deed restriction in favor of the City over them. b. Open space shall be in a contiguous, connected configuration. c. Open space should be contiguous to existing natural areas or parks. Adopted 04-4-0,5 Page 6 d. Open space in long, narrow corridors in back yards does not qualify as open space for conservation easements. e. Open space shall be maintained free of noxious weeds, litter and debris. f. Open space shall be owned by an individual, homeowners' association, or other legal entity that will use the land for open space purposes pursuant to an open space preservation plan. g. The City shall have the option of requesting that shoreline, areas along streams, or areas in natural resource corridors be included as preserved open space. 4. Homeowners' associations. A homeowners' association may be established to permanently maintain all preserved open space and recreational facilities, where called for in the open space preservation plan. Such homeowners' association management agreements shall be established prior to the sale of any lots. Homeowners' association management agreements shall include the following: a. The agreement shall include a legal description of the common lands or facilities. b. Membership in the association shall be mandatory for all purchasers of homes in the development and their successors. c. The agreement shall include restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions. d. The agreement shall include a mechanism for resolving disputes among the owners or association members. e. The agreement shall provide standards for scheduled maintenance of open spaces. f. The agreement shall provide a plan guaranteeing continuing maintenance of open spaces that shall be submitted to the City Council as part of the data requirements for a rural preservation development. g. The agreement shall include a mechanism to assess and enforce the common expenses for the land or facilities, including upkeep and maintenance expenses, real estate taxes and insurance premiums. Adopted 04-4-05 Page 7 h. The agreement shall include the conditions and timing of the transfer of ownership and control of land or facilities to the association or the common ownership. i. Any proposed change in the articles of association or incorporation shall require the prior written approval of the City. j. Any other matters the developer or City deems appropriate shall be included. 5. Water and sewer systems. a. Water may be provided by individual on-site wells, or by one or more community wells in open space areas, meeting all State Department of Health requirements. b. Individual sewage treatment systems are required to be located on each individual lot, except as otherwise approved by the City Council. The developer must identify both primary and secondary locations. c. The City may approve a shared septic system and smaller individual lots provided the applicant can show compliance with City, County and State standards and the City finds that the proposal would comply with all City requirements and would have no adverse impact on the environment or neighboring properties. Community sewage treatment systems may be located in common open space within an easement. A sewage treatment system management plan must be submitted to the City for review and approval prior to being recorded with the final plat. The applicant must provide a management (replacement and repair) plan for collector sewage treatment systems as approved by the City. The management plan must be reviewed and approved by the City Council and recorded with the final plat. The plan should clearly identify the following: 1) The ownership of the community sewage treatment system. 2) An annual schedule for maintenance, inspection and monitoring of the community sewage treatment system. 3) Contingency plan in the event of failure of the community sewage treatment. 4) Provisions describing how the sewage treatment portion of the system will be protected from vehicles, animals, humans and other sources of risk. 5) Assignment of responsibility for the management of and payment for the community system. Adopted 04-4-05 Page 8 6) The name and license number of the system's designer. 6. Off Site improvements. Where the proposed development is served in whole or part by an existing paved or unpaved roadway, the City will determine the capability of the existing road network to adequately serve the new development. In some cases, Where required to adequately serve the development or to accommodate traffic on affected nearby roads or to provide for the eventual expansion, repair, or reconstruction of affected nearby roads, off-site road improvements will be required concurrent with development of the site. Further, or in the alternative, the developer may be required to escrow funds related to the cost of future roadway improvements, agree to waive the right to appeal future assessments for the improvement, or address the issue in some other manner acceptable to the City. The method by which the affected nearby roadway(s) will be improved and funded will be determined at the time of preliminary plat approval. 7. Lot design guidelines. To the maximum extent possible, the development shall comply with the following standards: a. Arrange lots around a central focal point such as: 1) A central green or square. 2) A physical amenity such as a meadow, a stand of trees, a stream or water body, or some other natural feature. 3) A street with a boulevard planted with shade trees and a central parkway or median at least 25 feet wide. b. Locate lots to preserve woodlands, farmland or other natural features or character, including places of historic, archeological or cultural value. c. Locate lots such that at least 50 percent of the lots within a neighborhood abut open space on at least one side. A local street may separate lots from open space. d. Preserve views to the maximum possible. e. Locate neighborhood recreational open spaces such that they are an integral part of the neighborhood, are at an elevation appropriate to their intended recreational use, have boundaries that are clearly defined and are accessible to all neighborhood residents from a public street. f. Preserve natural resources as identified in the Comprehensive Plan to the maximum extent possible in a contiguous, connected configuration. Natural open spaces may include, but are not limited to, fields, wetlands, slopes, Adopted 04-4-05 Page 9 bluffs, woods, lakes, ponds, streams, shore lands, and other environmentally sensitive areas. g. Connect individual home sites with pedestrian corridors or sidewalks to larger open spaces and places of destination on-site and off-site. Open spaces should be accessible to pedestrians at roughly 1,200 -foot intervals along public roadways. Pedestrian corridors between lots shall be at least 50 feet in width and buffered from view of adjacent properties. h. Locate lots interior to the site to preserve natural features and vegetation around the perimeter of the site. i. Minimize development fronting onto existing arterial roads to protect rural roadside character and to improve public safety and traffic carrying capacity. J. Locate houses and garages such that the garages do not dominate the streetscape. k. Where natural features and vegetation is not present around the perimeter of the site, reasonable landscaping may be required to lessen the visual impact of development to adjacent property. Subd. 5. Ownership of common areas The open space preservation plan shall include the operational and maintenance requirements for the open space and any common service facilities. The owner of such land and buildings shall provide covenants as approved by the City to ensure their continued operation and maintenance. These common areas may be placed under the ownership of one of the following, depending upon which is more appropriate in the discretion of the City: A. Dedicated to the public where a community -wide use would be anticipated; B. Individual landowner. C. Land trust or other legal entity. D. Homeowners association ownership and control, provided all of the following conditions are met: 1. The homeowners association must be established prior to the sale of any lot; 2. Membership must be mandatory for each owner and any successor in interest; 3. The open space restrictions must be in perpetuity and not for a specified term of years; Adopted 044-05 Page 10 4. The association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities; 5. The individual homeowners must pay their share of associated costs as outlined in the homeowners association documents; and 6. The association must be able to adjust the assessment to meet changed circumstances and needs. Subd. 6. Calculation of density A. The base density shall be 2 units per 10 acres. B. The following density bonuses may be granted at the discretion of the City Council, resulting in a maximum density of 3 units per 10 acres. 1) Creating an endowment to the land trust or homeowners' association where the principal would generate sufficient annual interest to cover the conservation easement holder's yearly costs (suggested 10 percent bonus). 2) Providing for access by the general public to trails, parks, or other recreational facilities, excluding golf courses (suggested 10 percent bonus). 3) Providing an additional 25 percent open space above the required 50 percent preserved eligible land. The additional open space shall be buildable area (suggested 50 percent bonus). 4) Reusing existing buildings and structures or preserving specific site features inventoried by the County, City, or State historical preservation office (suggested 10 percent bonus). 5) Providing covenants to create an architectural theme to include items such as porches, side or rear loaded or detached garages (suggested 20 percent bonus). Landscape theme, lighting theme, and open space/central meeting place shall make up 10 percent of the density bonus and additional architectural elements shall make up 10 percent of the density bonus. A written narrative describing the architectural theme shall be provided with the preliminary plat. 6) Maximum lot sizes one-half acre with community septic system (suggested 10 percent bonus). 7) Where the project contains environmentally significant open space (suggested 10 percent bonus). is Adopted 04-4-05 Page 11 8) Where the project results in the elimination of a legal, nonconforming use. (suggested 10 percent bonus) 9) Where the project includes the proposed construction of significant off-site improvements. The density bonus in this case will be determined by the City on a case-by-case basis according to the proposed level of off-site improvements. RRiN TER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO PUBLIC NOTICE NIT OF PUBLICATION Nr)TICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDI- OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL 3F THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE CITY HALL DURING REGULAR BUSINESS HOURS. F MINNESOTA) TITLE 'Ramsey) AN ORDINANCE ESTABLISHING A RURAL PRESERVATION PROGRAM Y) ALLOWING FOR CERTAIN DEVELOPMENT AND REQUIRING THE PRESERVATION OF OPEN SPACE IN THE AREAS OF THE CITY THAT ARE ZONED AGRICULTURAL OR RURAL RESIDENTIAL. llsher, or the publisher's designated agent, being duly sworn, on SUMMARY OF THE ORDINANCE: 1. Section 1 defines the purpose of this ordinance allowing an alternative to large that I am the publisher, or the publisher's designated agent and an lot development in the rural areas by allowing smaller lots and higher densities and requiring the protection of the City's rural character. A the newspaper known as The White Bear Press, and that I have full 2. Section 2 outlines the intent of the ordinance, which is to preserve natural ameni- ties and other important rural elements, while providing guidance for the development of the facts which are stated below: of land on large tracts of land that will provide additional residential density while suc- cessfully integrating the development into the rural landscape and providing open ewspaper has complied with all of the requirements constituting space. 3. Section 3 outlines procedures for processing an application for a rural preserva- fn as a qualified newspaper, as provided by Minnesota Statute tion plat. It encourages a pre -application meeting, followed by a sketch plan 1•Mview of the project by the Planning Commission and City Council. FolloWng the skdtch plan 31A.07, and other applicable laws, and amended. review is the required submission of a preliminary plat. The ordinance outlines the infor- mation that is required to be submitted with the application for the sketch plan or the printed CITY OF HUGO preliminary plat. 4. Section 4 specifies the development standards. The minimum parcel size for a NOTICE—RURAL PRESERVATION PROGRAMI rural preservation plat is 40 acres. Exceptions to the 40 acre rule can be obtained where the property is adjacent to other property that is or can be enrolled in the Rural Cached was cut from the columns Of said newspaper, and was printed Preservation Program. Exceptions can also be granted for property that provides a unique opportunity to preserve an important natural feature or provide public access to hed once each week, for 1 successive weeks; it was first it, or for other property that meets the intent of the ordinance. The ordinance requires 50 percent of the land to be dedicated as preserved open space. At least 25 percent On WEDNESDAY the 27 da Of of the open space shall be buildable area. The ordinance defines buildable area. There y is no minimum lot size for the lots within the development. Minimum setbacks for build- 2005 and was thereafter printed and published on every ings are 50 feet from the front property line, 10 feet from the side property line, and 25 feet from the rear property line or side property line adjacent to a street. Buildings must to and including the be setback at least 100 feet from arterial roads. Standards for accessory structures are outlined in a separate development agreement for each project. a Of 20 -;and printed below is a copy of the 5. Section 4 continues by specifying standards for open spaces and Homeownersay Associations. Open spaces within the development shall be protected by a conserva alphabet from A t0 Z both Inclusive which is hereby acknowled ed ement. Open spaces shall be connected and should be contiguous to adjacent p > > y g areas and parks. Open spaces shall be owned and maintained by a homes tion or other entity that is qualified to care for the land. Homeowners size and kind of type used in the composition and publication of Associations may be established to permanently maintain the open spaces. Standards are established for collection of dues and responsibilities for maintaining open spaces and community septic systems. 6. Section 4 continues by specifying standards for water and sewer systems and for grstuvwxyz off-site improvements. Water may be provided by individual or community wells. Septic systems can be designed individually for each lot, provided they meet all State and County standards. Community septic systems are subject to review and approval by BY: za-� 420-�- the City. A sewage management plan is required outlining ownership, maintenance and contingency plans for any community system. Off-site improvements may be required by the City in order to accommodate the development. Under certain circumstances, TITLE: Publisher escrow accounts or assessment agreements may be required to allow for future improvements. 7. Section 4 continues by establishing lot design guidelines. Lots should be arranged around central focal points, around natural features, and interior to the site, nd sworn to before me on this 2 Z day of APRIL 5 20 away from the perimeter property lines. At least 50 percent of the lots should abut open space, and view corridors should be preserved. Pedestrian corridors should be provid- ed, and garages should be located so they do not dominate the streetscape. Landscaping may be required to soften the impact of the development to adjacent prop -'f erty. J, 511 8. Section 5 describes the requirements for an open space preservation plan, which is to be submitted with a preliminary plat. Open spaces may be owned by a variety of a <� blit, Minn. entities capable of maintaining the property, including homeowners associations, indi- MARGARET TENNESSEN viduals, land trusts, or public entities. The use of the open space shall be restricted in "% . perpetuity. NOTARY PUBLIC - MINNESOTA p MY COMMISSION 9. Section 6 provides the calculation of densityfor the development. The base den- rORMATION EXPIRES JAN. 31, 2DC1fi sity shall be 2 units per 10 acres of land. Density bonuses can be provided to obtain a maximum density of 3 units per 10 acres of land. Density bonuses can be provided at """"""""""""""""" """""""""' the discretion of the City for a variety of reasons outlined in the ordinance, including pro- viding access for the public to trailor natural amenities, providing open space beyond s classified rate paid by the requirements of the ordinance, providing architectural themes, providing communi- ty septic systems, eliminating nonconforming uses, providing for the construction of sig- 'cial users for nificant off-site improvements, and others. Please note this title and summary of this Ordinance clearly informs the public of Ible space. (Line, word Or inch rate) the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be in effect from and after its publication. Passed and adopted by the City Council of the City of Hugo this 4th day of April, m rate allowed $ Fran Miron, Mayor Attest: Mary Ann Creager, City Clerk Or the above matter. (Line, word or inch rate) Published in the White Bear Press April 27, 2005. (3) Rate actually charged for 57.50/INCH the above matter. (Line, word or inch rate)