HomeMy WebLinkAboutNo 890 Modifying the R-1R (Rural Single Dwelling Residence) Zoning District
ORDINANCE 890
MODIFYING THE R-1R (RURAL SINGLE- DWELLING RESIDENCE) ZONING DISTRICT
THE MAPLEWOOD CITY COUNCIL approves the following changes to the Maplewood Code
of Ordinances:
This ordinance shall take effect after the city publishes it in the official newspaper.
Section 1. This section changes Section 44-9 as follows:
Section 44-9. Zoning Districts.
The city is herby divided into the following zoning districts:
F, Farm Residence District.
R-1, Residence District (Single Dwelling).
R-1R, Rural Conservation Dwelling District.
R-1S, Small-Lot Single-Dwelling District.
R-2, Residence District (Double Dwelling).
R-3, Residence District (Multiple Dwelling).
R-E, Residence Estate District.
NC, Neighborhood Commercial District.
CO, Commercial Office District.
BC, Business and Commercial District.
LBC, Limited Business Commercial District.
BC(M) Business Commercial Modified District.
SC, Shopping Center District.
M-1, Light Manufacturing District.
M-2, Heavy Manufacturing District.
Section 2. This section deletes, modifies and adds to Sections 44-117 through Section
44-150 as follows:
DIVISION 3.5 R-1(R) RURAL CONSERVATION DWELLING DISTRICT
Sec. 44-117. Purpose and Intent.
The City of Maplewood finds that there is a direct link between the natural systems and
character that exists throughout certain areas of the community. The requirements of this Rural
Conservation Dwelling District are meant to preserve and enhance the ecological/aesthetic
character by providing incentives that: 1) reinforce and establish ecological connections
throughout the city; 2) protect and enhance of drainageways and water quality; 3) protect and
enhance ecological communities; 4) preserve and improve of vistas; and 5) preserve or
reinterpret local historical landmarks.
To allow for and to protect a semi-rural, residential life style, the city creates the R-1R zoning
district that is intended to encourage conservation based development. This zoning district is
for the areas of Maplewood that are not suitable for suburban or tract development because of
topography, vegetation or other factors that make the area unique. The city finds the most
suitable use of these areas is single dwellings on large lots, but is interested in protecting the
natural resources and will encourage developments to follow the conservation principles and
initiatives identified in subsequent sections of this ordinance. To further support the rural quality
of the area, the density calculations in the R-1R district shall be calculated on a net acre basis
which is further described Section 44-130 (b) of this ordinance. Low-density residential
development and conservation development will lessen grading and soil erosion and will help
protect ground water, vegetation and wooded areas.
Sec. 44-118. Uses.
The City shall only allow the following uses:
(a) Permitted Uses:
1) Any permitted use in the R-1 District, subject to its regulations.
(b) Conditional uses. The City may permit the following by conditional use permit:
1) Any use allowed by conditional use permit in the R-1 (single dwelling) District.
2) Commercial faming or gardening, including the use or storage or associated
equipment, when on a property with a single dwelling.
3) Stands for the sale of agricultural products grown or produced on the property.
4) Metal storage buildings, commonly known as pole barns or agri-buildings, subject
to the applicable size and height requirements.
(c) Prohibited uses. The city prohibits the following uses in the R-1(R) zoning district:
1) Accessory buildings without an associated single dwelling on the same property.
2) Reserved.
Sec. 44-119. Height of buildings.
The maximum height of a single-family dwelling shall be thirty-five (35) feet.
Sec. 44-120. Lot dimensions, lot area, width requirements, and side yards.
(a) No person shall build a single dwelling on a site less than eighty seven thousand one
hundred twenty (87,120) square feet (2 acres) in area; unless the conservation design
principles are applied as described in Section 3.
(b) Each lot or parcel shall have enough area or usable space for a house, driveway, well
and individual sewage treatment system (ISTS) with a primary and secondary site or an
acceptable design and plan for a community septic system or regional sewer.
(c) Each dwelling and any accessory structure(s) shall have side yard setbacks as defined
in table 44-120.1 and shall be measured from the property line to the structure. The
following exceptions to this standard shall apply:
1) The side yard on the street side of a corner lot shall have a width of at least thirty
(30) feet.
2) When a property owner uses two (2) or more adjoining lots as a single-building
site, the side yard requirements shall apply only to the outside lot lines.
(d) The following table identifies the minimum lot area and lot width based on the
conservation tiers:
Table 44-120.1
ConservationDensityMinimum Minimum Side Yard Front Yard
TierRangeAreaFrontageSetbackSetback
Tier I (0-2 0.5 – 1.5 15,000 SF 100’ 30’ 50’
Principles) U/A
Tier II (3-5 1.6 – 3.5 10,000 SF 80’ 15’ 30’
Principles) U/A
Tier III (6-7 3.6 – 4.3 7,500 SF 50’ 10’ 20’
Principles) U/A
(e) Each interior lot shall have at least fifty (50) feet of frontage on an improved public street.
(f) Each corner lot or parcel shall have at least eighty (80) feet of frontage on each of the
public streets.
Sec. 44-121. Front Yards.
(a) Each dwelling and any accessory structure(s) shall have a front yard setback as defined
in table 44-120.1. Except that:
1) If each of the lots next to an interior lot has a dwelling, the minimum setback shall
be the setback of the adjacent dwelling closest to the street. The maximum
setback shall be the setback of the adjacent dwelling farthest from the street.
2) If subsection (a)(1) above does not apply and there is a predominant setback, a
dwelling shall be no further forward and no more than five feet to the rear of the
predominant setback.
3) Regardless of the above, if the city council has approved special setbacks for a
development, those setbacks shall apply. City approval of a preliminary plat with
building pads does not constitute approval of special setbacks.
4) Regardless of the above, homeowners may add on to their homes using the
existing setback.
5) In all cases, the accessory structures shall be no closer than the principle
structure unless approved by the City Council.
(b) The director of community development may allow a different front yard setback if the
proposed setback would not adversely affect the drainage of surrounding properties and
if any of the following conditions apply:
1) The proposed setback would not affect the privacy of adjacent homes.
2) The proposed setback would save significant natural features, as defined in
section 9-188.
3) The proposed setback is necessary to meet city, state or federal regulations,
such as pipeline setback or noise regulations.
4) The proposed setback is necessary for energy saving, health or safety reasons.
Sec. 44-123. Rear Yards.
(a) Single dwellings shall have a rear yard setback of at least twenty (20) percent of the lot
depth.
(b) Accessory buildings shall have a rear yard setback of at least thirty (30) feet.
Sec. 44-124. Tower, antenna and flagpole setbacks.
Antennas and flagpoles for residential (non-commercial) use in the R-1(R) zoning district shall
meet the same setbacks as accessory buildings in the R-1 (single dwelling) district.
Sec. 44-125. Minimum foundation areas; room requirements.
(a) The minimum foundation area shall be at least:
1) A one-story dwelling, nine hundred fifty (950) square feet.
2) A one and one-half story dwelling, seven hundred twenty (720) square feet.
3) A bi-level dwelling, eight hundred sixteen (816) square feet.
4) A tri-level dwelling, seven hundred sixty five (765) square feet.
5) A two story dwelling, five hundred twenty-eight (528) square feet.
(b) Room size and number shall be consistent with the standards of the International
Residential Code.
Sec. 44-126. Building-width requirements.
The minimum building width on the primary frontage shall be at least twenty-one (21) feet. The
building width shall not include entryways or other appurtenances that do not run the fully depth
of the building.
Sec. 44-127. Accessory buildings.
(a) Section 44-114 (Accessory buildings) in the R-1 District shall apply to the use and height
of accessory buildings and garages in the R-1R zoning district.
(b) For lots of at least 2 acres in size the R-1R zoning district, the following size standards
shall apply to accessory buildings and garages: graduated by tier or size of lot?
Table 44-127.1 Accessory Sizes
Detached Buildings Attached Garages Combination of
(Max Area, Square (Max Area, Square detach buildings and
Feet)Feet)attached Garage
(Max Area)
Tier I 1,400 (garages), 1,400 2,800
1,100 (other)
Tier II 1,000 SF Total 1,000 1,480
Tier III 850 SF Total 850 1,000
Section 3. This section adds the conservation principles and conservation design
standards to the R-1R zoning district.
Sec. 44-128. Definitions and Conservation Principles.
The conservation principles in the following table shall represent the conservation incentives for
this ordinance. The definitions of each principle follow the table. All incentives, and subsequent
conservation bonuses as described in Table 44-130.1, shall only be granted IF they exceed the
minimum standards set forth in the existing City ordinances that relate to environmental
protection as identified in, but are not limited to, Ordinance Chapters 12 and 44.
It shall be noted that the City has several ordinances that control and define natural resources
and environmental quality, in all cases, the more restrictive ordinance shall apply and it is the
developer’s responsibility to discuss any issues or questions regarding the applicable
ordinances with the City Planner.
The developer shall be aware that the conservation principles shall be subject to the
recommendations of the city staff, applicable commissions, planning commission and ultimate
approval by the City Council. As stated in Sec. 44-129 the Developer shall be required to work
closely with these bodies to develop a plan that supports the goals and objectives for the R-1R
District. Without Council approval the Developer will be entitled to a base entitlement of one unit
per two acres with a 2.0 acre lot minimum.
In all cases, the Developer shall receive a conservation bonus as described in Table 44-130.1
ONLY if the development integrates the Conservation Principle as a dominant theme throughout
the proposed development. This shall be required of all proposed conservation principles. The
City’s objective is to maintain the rural quality of the R-1R district and encourage conservation
principles and development in the city’s areas with natural resource quality.
Table 44-128.1 identifies the Conservation Principles that may qualify for density incentives.
The table is categorized into two groups: Group A – Natural Characteristics and Group B –
Design Characteristics. The Developer shall be required to present a diverse set of
conservation principles for a site. Additionally, the developer is encouraged to use a mix of
conservation principles and may not duplicate principles and receive a density incentive in
exchange. For example if the developer proposes to preserve a large wooded area and
consequently preserves an important stand of oak trees, the developer will receive the density
incentive for one conservation principle not two.
Table 44-128.1 Conservation Principles for Density Incentives
Group A: Natural Characteristics Group B: Design Characteristics
Additional Shoreline Buffers Clustering
Additional Stormwater Management Create/Develop Trail Connections
Creek Restoration Management Create Passive Parks
Dedicate 50% Open Space Energy Efficiency
Enhance/Preserve large wooded areas or Historic Preservation
forest
Enhance Wetlands, Create Management Plan LEED Certified Buildings/Development
Prairie Restoration Low Impact Development (LID)
Slope Buffer Preservation Preserve and Establish Natural Area
Greenways
Tree Preservation Vista Shed/Corridor Preservation
GROUP A: Natural Characteristics
The following conservation principles are defined for this ordinance as natural characteristics
because they directly apply specifically to naturally occurring characteristics on a site. The
principles are presented in alphabetical order.
Additional Shoreline Buffers: Beyond those already identified in the Shoreland Overlay District,
the creation and plan for permanent protection of protective buffers around those areas which
are more sensitive to the negative impacts of development, especially areas that are defined as
bluffs or steep slopes, where critical habitat may dwell, near historic tree clusters or heritage
trees etcetera for which the additional buffers may vary or be averaged near the location of
protection importance.
Additional Stormwater Management: The City has existing stormwater management policies,
but there is opportunity to further improve the stormwater management on a site. The
Developer shall be given a conservation bonus for a stormwater management plan, and
implementation that exceeds the City’s existing policy.
Creek restoration management: Restoration projects that the City believes would assist in the
restoration of the stream or natural creek that compensate for the loss of past uses of the
watershed due to contamination, erosion and other influences or issues. Specific types of
projects proposed for implementation as part of a development plan would be those that
enhance habitat, water quality, and flow regime such as stormwater management, stream
channel stabilization or greenways by implementing conservation easements, or additional
buffers in riparian corridors.
Dedicate 50% Open Space: Open space is defined as public or publicly held land that is
generally natural in character and contains relatively few human-made structures. The
Developer can achieve a conservation bonus for dedication of 50% of a site to open space. The
open space dedication must be developable or have buildable qualities in order to achieve this
principle. This conservation principle will be mandatory to achieve the full density allocation.
Enhance/preserve large wooded areas or forest: An act of deliberately avoiding the removal of
clusters of structurally healthy mature trees and understory trees which are native to the area
and non-invasive, individual heritage trees which are structurally healthy and greater than 20
caliper inches in order to protect the present or future value for their use in protection from
erosion, for their landscape and aesthetic value, for their use in screening development or for
other environmental or intrinsic benefits. To meet this standard, the developer must prepare a
health assessment of the trees on site, and must show a polygon area on the site with
permanent protection plan that the Developer shall implement, for the areas to be preserved
and a management plan including removal of invasive species on the site.
Enhance wetlands, create a Comprehensive Wetland Management Plan (CWMP): A plan to
resolve development and protection conflicts where wetlands affect a significant portion of a
community. The plan encompasses the identification, study, and evaluation of wetland functions
and community values, and development needs and investments with regard to wetlands
protection, enhancement and regulation. The applicant shall be required to create a plan, that
the developer shall implement, that exceeds the standards of the adopted Wetland Ordinance.
Prairie Restoration: After performing a historical analysis to determine pre-settlement
conditions, prepare a plan for prairie restoration with a specific management strategy that the
Developer shall implement, over the course of five years in order to assure that the prairie
establishes. This plan shall be submitted and approved by the City’s Natural Resource
Coordinator to determine if it meets this requirement and subsequently qualifies for the
conservation bonus.
Slope buffer preservation: A development plan that deliberately avoids placing any lots, in the
buffer area of a slope exceeding 12 percent, or as described in the city’s slope ordinance
section 44-1238 and building code section 12-308. The Developer shall establish a buffer with
permanent protection to demonstrate how the buffer and slope is protected and the purpose of
the protection measures and how it exceeds the current slope ordinance requirements. A
conservation bonus will be given for those plans that exceed the standards identified in the
current steep slopes ordinance.
Tree Preservation: Through means of a tree inventory, identifying the most significant trees on a
site and permanently protecting them. The Developer shall be required to present a plan for
protection of these trees, and will be required to demonstrate how these trees will be integrated
as a key component of the development.
GROUP B: Design Characteristics
The following conservation principles relate to the design of a project or of a site. The principles
are presented in alphabetical order.
Clustering: A design technique that groups housing or development sites in a manner that
allows for the conservation and preservation of open spaces such as farmland, natural areas,
including habitat areas and open vistas.
Create/Develop trail connections: A plan that illustrates the development of trails that are
indicated on the Parks, Trails and Open Space Plan map as part of the subdivision process,
whether active or passive in nature, with an emphasis on creating trail connections to existing
trails. A conservation bonus will be given for the development and construction of the trail not
for the land dedication which will be considered part of the city’s parkland dedication fees.
Create passive parks: An area set aside through the development process that is
environmentally sensitive and may or may not be developable. These parks may support
passive uses such as walking trails, boardwalks and nature observation areas, but some areas
may be too environmentally sensitive to accommodate any public access. A conservation
bonus will only be given for passive dedication areas that are permanently protected and that
are dedicated to a public entity.
Energy efficiency: Using the Minnesota Greenstar Program, develop energy efficient and
Greenstar rated projects and buildings. A conservation bonus will be given when the developer
utilizes the program to create a ‘theme’ in a development and uses the Greenstar and
conservation principles in marketing the project.
Historic Preservation: Identifying and protecting through permanent means, any historically
significant areas on a specific site. If historical preservation is proposed as a conservation
principle, the city’s Historical Preservation Commission shall review and provide
recommendations to the City Council regarding this principle. To reinforce the historical quality,
a signage plan shall be included to clearly communicate the historical significance of the area or
artifact.
LEED certified buildings/development (3 Practices per structure): A national set of standards for
buildings and neighborhoods that focuses on the principles of green building, smart growth,
sustainability and healthy living. The LEED for Neighborhood Development Rating System
provides independent, third-party verification that a development's location and design meet
accepted high levels of environmentally responsible, sustainable development. A conservation
bonus will be given for a minimum of 3 practices in the LEED standards certification criteria. The
conservation bonus shall only be given if the LEED standards are applied to all structures
throughout a development. Developers are encouraged to seek LEED certification.
Low Impact Development (LID): An ecologically friendly approach to site development and
storm water management that aims to mitigate development impacts to land, water and air. The
approach emphasizes the integration of site design and planning techniques that conserve the
natural systems and hydrologic functions of a site. In all cases, the developer must minimize
the impervious surface coverage to achieve low impact development, and must be a minimum
of 5% below the 30% coverage standard allowed. This must be accomplished in conjunction
with other LID techniques to achieve this principle. In order to achieve this principle the
developer must demonstrate how they will achieve these principles.
Preserve and Establish Natural Area Greenways: The dedication, maintenance or management
of an area identified on the City’s Natural Areas Greenway map. The Natural Area Greenway is
defined as large contiguous areas of natural habitat that cross ownership boundaries.
Vista shed/corridor preservation: A site plan or development pattern that is designed specifically
to protect an area on or near the development site that is viewed as integral to protecting the
sense of place, whether the features in the vista are cultural, historical or natural or whether
they are viewed from the street or within the development site.
Sec. 44-129 Application Requirements and Procedures.
The Developer shall follow the steps outlined below as part of the development review process.
The Developer shall be required to review the contents of this ordinance and prepare a plan
consisting of written and visual documents to support the proposed development.
(a) The Developer shall review this ordinance and available natural resource data. The
intent is to establish the property’s ecological connections both within Maplewood and as
part of the regional ecological system. If the Developer chooses not to use a
conservation approach, the Developer may develop at the base entitlement of one (1)
unit per two (2) acres of land and skip to step e. If the Developer is interested in
additional units and smaller lot sizes, then the Developer shall follow steps b-e.
(b) The Developer shall prepare and submit a natural resources evaluation of the site,
including all of the following elements, this step is in preparation for meeting with the City
Planner and should be completed prior to developing a concept plan:
1) Tree survey, including all significant individual trees greater than 6 inches in
diameter, and stands of trees, identifying tree species and size.
2) Wetland inventory, including delineation reports; and MnRAM verification
3) Topographic survey indicating existing drainage patterns. This shall include one
foot (1’) contours for steep slope areas to better understand where the top and
bottom of the slopes are for preservation and placement
(c) The Developer shall set up a meeting with the City Planner to discuss and establish the
intent and goal for the subdivision. The process shall include a discussion regarding the
appropriate conservation principles as identified in Table 44-128.1 for the specific site
and shall be based on the preliminary natural resource information collected in step (b).
The principles utilized to achieve higher densities on a site must be reviewed and
recommended by the City Staff, Planning Commission and approved by the City Council.
The conservation principles and corresponding conservation bonuses are shown in table
44-130.1
(d) The Developer shall create a Concept Plan that includes the following information:
1) A base yield plan, which demonstrates the number of allowed lots as determined
by the base entitlement of one unit per two acres.
2) A description of the conservation principles that are used and the corresponding
conservation bonus and unit count as the Developer understands it. This shall
also include information and data that supports how the concept plan addresses
the conservation principle and how the plan meets and exceeds the standards of
the City’s existing natural resource ordinances.
3) A graphic that demonstrates generally how the lots would be laid out and the unit
types proposed as part of the development.
4) A narrative that describes the conservation principles used in the concept plan
and supporting data demonstrating how the concept meets the standards of
existing ordinances, and data demonstrating how the concept plan exceeds
them.
5) The Developer shall submit, with their concept plans, data and reports related to
the conservation principles performed by a reputable ecologist or ecological firm.
The City shall reserve the right, if needed, to hire their own ecological expert at
the cost of the Developer to verify and further understand the plans submitted by
the Applicant.
6) Submit twenty (20) copies of items 1 through 4 for informal or non-binding
comments by City Staff, Planning Commission and City Council. Each body will
provide feedback and recommendations to the Developer so that they
understand the changes they need to make moving forward to the preliminary
plat. It will be up to the City Council to make the final decision with respect to the
implementation of the Conservation Principles and final density of a project.
(e) After the concept plan review, the Developer shall take and integrate the
recommendations and prepare a preliminary plat and final plat submittal in accordance
with section 34-5 of the subdivision ordinance.
(f) A full developer’s agreement as well as any necessary agreements or documents that
document the conservation principles and how they will be upheld will be required as a
part of any final plat approval. This shall also include, if applicable, any dedication or
transfer of property for the purpose of permanent conservation shall be completed prior
to final plat approval or the issuance of any building permit.
Sec. 44-130 Conservation Bonus Standards
The following conservation bonuses shall be rewarded based on the number of conservation
principles (as identified in Table 44-128.1) integrated within a development. The conservation
principles and their application must be agreed to by both the Developer and the City.
(a) A conservation bonus is defined as the additional allotment of a lot or lots as determined
by the number of conservation principles met. Conservation bonus is also commonly
referred to as a density bonus.
(b) The units obtained through the conservation bonus calculation shall always be rounded
down to the nearest whole number.
(c) The density and number of units shall be calculated on a net area basis. Net density
shall be defined as the number of dwelling units per acre exclusive of arterial streets and
right of ways, steep slopes (in excess of 18%), wetlands and water features, and other
publicly dedicated improvements such as parks.
Table 44-130.1 Conservation Bonus Allotment for Conservation Principles
The following table identifies the baseline entitlement for all property zoned R-1R of 0.5 Units
per acre. All conservation bonuses are cumulative and the percentage bonus calculated as
such.
Density Number of Conservation bonus (Housing Number of Lots on a 10
Acre Site (Example)
RangeConservation Units)
Principles
Tier 1: 0None – base entitlement of 2 Acre 5 Lots
0.5 – 1.5 1Lots7 lots
250%10 lots
100%
Tier 2: 3 - 16 lots
1.6 – 3.5 4 50%24 lots
5100%32 lots
Tier 3: 6-36 lots
3.6 – 4.3 7*20%
43 lots
The asterisk in Table 44-130.1 denotes a mandatory conservation principle of protecting fifty
percent (50%) of a proposed project in open space. A management plan for all protected open
space shall be required to achieve final plat approval. Potential options include management by
a Homeowners Association, dedicated to a public use or interested agency.