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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.