(A) Purpose. The primary purpose of a rural open space housing cluster Planned Unit Development (PUD) is to preserve the open space and rural character of certain zoning districts while creating compact neighborhoods that have a strong visual and physical access to the open space. This method of development uses the size and shape of the open space as the central organizing element, rearranging the density on each parcel so that less land is cleared, graded, and turned into driveways, streets, lawns, and houses. The Open Space Development regulations are established to encourage development of rural housing clusters that meet the following purposes:
(1) To provide efficient use of the land while maintaining contiguous blocks of economically viable agricultural land, mature woodlands, and open space, and preserving historical features, scenic views, natural drainage systems, and other desirable features of the natural environment;
(2) To allow housing to be concentrated on sites that have low agricultural potential and/or high natural housing appeal;
(3) To create neighborhoods with direct access to open space, distinct identities, and sense of community;
(4) To encourage innovation and promote flexibility, economy, and creativity in residential development;
(5) To provide commonly-owned open space areas for passive and/or active recreational use by residents of the development and, where specified, the larger community;
(6) To preserve scenic views and elements of the rural character and the natural environment by minimizing views of new development from existing roads.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMUNITY GARDEN. Land which is cultivated by the residents of the development for the production of trees, vegetables, fruits, flowers, herbs, and grasses for the residents’ use or to be sold directly to consumers through membership in the garden.
CONSERVATION EASEMENT. An interest in real property created in a manner that imposes limitations or affirmative obligations in regard to the use of property, including the retention, protection, and maintenance of natural resources, open space, and agriculture.
CULTURAL RESOURCE. The historic and archeological characteristics of the land, including buildings and landscapes that provide information regarding the history of the city and its people.
HISTORIC BUILDING AND STRUCTURE. A structure which has been identified by the Washington County History Network Inventory or the State Historic Preservation Office as having public value due to its architectural features relating to the cultural heritage of the city.
HOMEOWNER’S ASSOCIATION. A formally constituted non-profit association or corporation made up of the property owners and/or residents of the development for the purpose of owning, operating, and maintaining the common open space and facilities.
NEIGHBORHOOD. An area containing a contiguous group of residential lots where people live in close proximity to one another.
OPEN SPACE. Land used for agriculture, natural habitat pedestrian corridors, and/or recreational purposes that is undivided and permanently protected from future development.
OPEN SPACE DEVELOPMENT. A grouping of residential structures on smaller lots than allowed in the specific zoning district leaving some land dedicated as open space.
PERIMETER ROAD. A road lying outside of and abutting the development parcel.
PLANT COMMUNITY. A grouping of plants with common environmental requirements living within the landscape (such as wetlands, grasslands, and boreal forests).
PROTECTIVE OR RESTRICTIVE COVENANT. A contract entered into between private parties that constitute a restriction of the use of a particular parcel of property.
RESOURCE INVENTORY. A survey of the land’s features, including its natural resources, cultural resources, scenic views and view sheds, and physical characteristics.
(C) Applicability. The Open Space Development standards are an alternative set of standards for residential developments within the Conservancy, Agricultural, and Rural Residential Districts. Open Space Developments are permitted within these zoning districts upon the issuance of a PUD. The design standards contained in this section are not applicable in the Shoreland Overlay District. The regulations of this section are applicable only to Open Space Developments approved after the effective date of this chapter.
(D) Application.
(1) A PUD is required for an Open Space Development in the Conservancy, Agricultural, and Rural Residential Districts.
(2) A PUD application shall be filed, in writing, with the city in accordance with rules and regulations set forth in § 153.341.
(3) In addition to those criteria as stated in § 153.341, the Planning Commission shall consider the following:
(a) The Open Space Development is designed to preserve open space and the rural character of the Conservancy, Rural Residential, and Agriculture Districts;
(b) The Open Space Development is designed in accordance with the standards of this section;
(c) The Open Space Development supports the goals and policies of the city’s Comprehensive Plan;
(4) In addition to those submittal requirements stated in § 153.341, the following items shall be submitted as part of the PUD application for Open Space Developments:
(a) Resource inventory. The plan for an Open Space Development shall include a resource inventory to include the following mapped at a scale of no less than 1 inch equals 100 feet.
1. Topographic contours at 2 foot intervals showing rock outcrops and slopes of more than 8%.
2. Soil type locations and identification of soil type characteristics such as agricultural capability, depth to bedrock, and suitability for wastewater disposal systems.
3. Hydrologic characteristics, including surface water bodies, flood plains, wetlands, natural swales, and drainage ways.
4. Vegetation of the site, according to general cover type (pasture, woodland, and the like), defining boundaries of woodland areas and stand-alone trees with a caliper of more than 6 inches. Vegetative types shall be classified as generally deciduous, coniferous, or mixed and described by plant community, relative age, and condition. See also §§ 153.233 et seq.
5. Current land use and land cover (cultivated areas, paved areas, and the like), all buildings and structures on the land, and all encumbrances such as easements or covenants.
6. Visual resources showing views onto the tract from surrounding roads and public areas as well as views within the tract.
7. Cultural resources: brief description of historic character of buildings and structures, historically important landscapes, and archeological features.
8. Context: 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) Yield plan. The applicant shall submit a "yield plan" showing the maximum number of dwelling units that would be permitted given the minimum lot size and lot widths for conventional subdivisions and other requirements of this chapter and the subdivision regulations. The yield plan need not be engineered; however, it shall be drawn to scale and it shall identify all the major physical features on the parcel.
(c) Concept subdivision plan. One or more open space design plans meeting the intent of this chapter and including at least the following information:
1. Open space areas indicating which areas are to be protected;
2. Boundaries of areas to be developed and proposed general street and lot layout;
3. Number of housing units proposed;
4. Areas proposed for storm water management and on or off-site sewage treatment;
5. The plans shall be drawn to scale.
(d) Phasing plan. Open Space Developments may be phased in accordance with a unified development plan for the entire tract meeting the following requirements:
1. A phasing plan identifying the sequence of development showing approximate areas serially numbered with a description of each phase. Information shall be provided regarding the number of dwelling units, proposed improvements, and common facilities for each;
2. The phasing plan shall be made a part of the PUD;
3. Any common facilities, including golf courses, shall be constructed prior to the sale of any lots and shall be clearly marked on a site map that shall be an attachment to all sales agreements for individual lots;
4. As part of the development agreement, a financial guarantee to ensure completion of common facilities, trails, and landscaping shall be provided.
(e) General location map.
(5) Application procedure. Upon submittal of a complete application, the application shall be processed according to the following.
(a) Public hearing and notices. All applications for final review of an Open Space Development proposal require a public hearing and shall be noticed and processed according to the standards and procedures for a PUD and major subdivision under the provisions of the city subdivision regulations.
(b) Criteria for granting an Open Space Development. The city may grant an Open Space Development, provided the proposed development complies with the standards and criteria stated in this chapter and the subdivision regulations and that the development is in harmony with the general intent of the Comprehensive Plan. In granting approval for an Open Space Development, the city shall consider:
1. The impact of the proposed use on the health, safety, and general welfare of the occupants of the surrounding lands;
2. Existing and anticipated traffic conditions, including parking facilities on the adjacent streets and land;
3. The effect of the proposed use on property values and scenic views in the surrounding area;
4. The compliance of the proposed use with the city’s Comprehensive Plan;
5. The ability of the proposed use to meet the standards of this chapter; and
6. Whether the proposed use is permitted in the underlying zoning district.
(c) Approval. If the city determines that the proposed use will not be detrimental to the health, safety, or general welfare of the city, and that the use is in harmony with the general purpose and intent of this chapter and the Comprehensive Plan, the city may approve such Open Space Development.
(E) Uses. The following uses are permitted within designated open space. The uses must meet the standards and criteria specified for those uses as set forth herein and regulated in this chapter unless as otherwise stated below:
(1) Conservation (such as woodland, meadow, prairie);
(2) Agricultural;
(3) Equestrian;
(4) Recreational uses and associated parking:
(a) Trails (walking, skiing, cycling, horseback riding, snowmobiling);
(b) Picnic areas;
(c) Community gardens;
(d) Turf areas for informal play;
(e) Playgrounds.
(5) Storm water management facilities;
(6) Community sewage disposal systems;
(7) Essential services, utility.
(F) Ownership and management of open space. The designated open space and common facilities shall be owned and managed by 1 or a combination of the following:
(1) Homeowners’ association;
(2) The city or another governmental body empowered to hold interest in real property in accordance with Minnesota Statutes;
(3) An individual who will use the land for open space purposes as provided by the permanent conservation restrictions.
(G) Open space.
(1) Required open space shall be subject to permanent conservation easement and used for the purposes as defined by this chapter. The conservation easement shall be dedicated to an acceptable land trustee or other similar organization as approved by the city.
(2) The uses within the open space shall be accessible to the residents of the development. These uses may also be available to the general public, providing the proper approvals are received.
(3) A financial guarantee ensuring the construction and completion of the common facilities shall be submitted to the city.
(H) Homeowners’ associations.
(1) A homeowners’ association shall be established if the open space is owned by a homeowners’ association. Membership in the association is mandatory for all purchasers of homes in the development and their successors.
(2) A homeowners’ association agreement guaranteeing continuing maintenance shall be submitted to the city as part of the data required for the PUD. The homeowners’ association documents or the declaration of covenants, conditions, and restrictions shall contain the following information:
(a) The legal description of the common lands or facilities;
(b) The restrictions placed upon the use and enjoyment of the lands or facilities, including the persons or entities entitled to enforce the restrictions;
(c) A mechanism for resolving disputes among the owners or association members;
(d) 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;
(e) The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership;
(f) Any other matter the developer deems appropriate;
(g) The management of collector sewage treatment systems.
(I) Density standards. The number of density units for the parcel shall be determined by the Comprehensive Plan and by underlying zoning.
(J) Performance standards.
(1) General considerations.
(a) The residential lot shall be large enough to accommodate 1 house and a 2 car garage.
(b) All structures shall be set back a minimum of 50 feet from unclassified water bodies.
(2) Residential lot requirements.
(a) Minimum lot size:
1. Septic on-site: 60,000 sq. ft. (43,560 sq. ft. net buildable);
2. Septic off-site: 25,000 sq. ft. (3,400 sq. ft. net buildable).
(b) Principal building setbacks:
1. Front lot line: 30 feet;
2. Side lot line: 10 feet;
3. Rear lot line: 30 feet.
(c) Accessory building setbacks: see accessory structures, §§ 153.110 et seq.
(d) Maximum building height: 35 feet.
(e) All newly created lots shall take access from interior local streets.
(f) Fifty percent of the lots within a neighborhood shall abut open space on at least 1 side. A local street may separate lots from the open space.
(3) Neighborhood siting standards.
(a) Neighborhoods shall be located to minimize their impacts on the natural, scenic, and cultural resources of the site.
(b) Neighborhoods shall avoid encroaching on rare plant communities or endangered species identified
in the Department of Natural Resources County Biological Survey for Natural Communities and Rare Species.
(c) Fragmentation of open space shall be minimized.
(d) Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels.
(e) Neighborhoods should be sited to achieve the following goals to the extent practicable. In cases where impact on 1 or more of the following resource areas is unavoidable, the impact should be minimized through use of landscaping, topography, or other features:
1. Avoid prime farmland soils and large tracts of land in agricultural use and avoid interference with normal agricultural practices;
2. Minimize disturbance to woodlands, hedgerows, mature trees, or other significant vegetation;
3. Protect scenic views of open land from adjacent roads;
4. Protect existing historic buildings or incorporate them through adaptive reuse.
(f) The maximum number of residential lots permitted in a neighborhood is 50.
(4) Open space design. Open space shall be designed in a manner that ensures an active use or enjoyment of a reasonable portion of the open space for the residents.
(a) Open space shall be designated as part of the development. The minimum required open space is based on a percentage of the gross acreage:
1. A: 55%;
2. RR: 55%;
3. C: 75%.
(b) The required open space shall be undivided and restricted from further development.
(c) The following areas or structures may be located within the open space area and shall be counted toward the overall open space percentage required:
1. Parking areas for access to and use of the open space;
2. Buildings or structures that are accessory to the use of the open space.
(d) Road rights-of-way may not be located within the required open space area and shall not be counted towards the required minimum open space.
(e) No more than 50% of the required open space may consist of unclassified water bodies, ponds, areas within the 100 year floodplain (or high water mark as documented by city records), wetlands, or slopes of greater than 33%.
(f) At least 10% of the open space shall be accessible to the residents of the development.
1. At least 10% of the open space that is accessible shall be suitable for recreational uses, such as trails, play fields, or community gardens.
2. A pathway system connecting all parts of those open space areas accessible to neighborhood residents and connecting these areas to neighborhood streets and to planned or developed trails on adjacent parcels shall be identified in the plan.
3. That portion of the open space designated for the location of sewage treatment facilities shall not be included as part of this accessible open space.
(5) Street standards. Streets shall be designed to minimize the visual size and scale of the development and to help discourage excessive speeds. Neighborhood streets may take the form of a two-way street, a pair of one-way streets on either side of a landscaped median, or a one-way loop street around a small neighborhood green. Street widths and alignments should be carefully scaled to neighborhood size. 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:
(a) The applicant must demonstrate that access to the development has the capacity to handle traffic generated by the proposed project and will not endanger the safety of the general public;
(b) Streets shall be constructed to meet the city’s engineering standards;
(c) Street connections to adjacent parcels shall be provided in logical locations to avoid creating landlocked parcels and provide for connecting street patterns.
(6) Sewage and water facilities.
(a) Water for an Open Space Development shall be provided by individual on-site wells or by 1 or more community wells meeting the permit requirements of the Minnesota Department of Health. The use of shared or community wells are encouraged.
(b) All Open Space Developments shall be provided with adequate sewage treatment facilities meeting the standards of the Washington County Individual Sewage Treatment Standards Regulations and the permit requirements of the Minnesota Pollution Control Agency.
(Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010)