HomeMy WebLinkAboutNo 899 Ordinance Modifying the R-1R (Rural Conservation Dwelling Residence) Zoning District
ORDINANCE NO. 899
PROPOSED ORDINANCE MODIFYING THE R-1R (RURAL CONSERVATION DWELLING
RESIDENCE) ZONING DISTRICT
THE MAPLEWOOD CITY COUNCIL approved the following changes to the Maplewood Code of Ordinances:
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 drainageways and water quality; 3) protect and
enhance ecological communities; 4) preserve and improve 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 (c)
of this ordinance. Low-density residential development and conservation development will lessen grading and soil
erosion and will help protect ground water, vegetation, ecological communities 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 farming 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-1R 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 44-128.
(b)Each lot or parcel shall have enough area or usable space for a house, driveway, and if needed, a 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:
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Table 44-120.1
Conservation Tier Density Minimum Area Minimum Side Yard Front Yard
Range Frontage Setback Setback
Tier I (0-2 0.5 – 1.0 U/A 43,560 SF 100’ 30’ 50’
Principles)
Tier II (4 Principles) 1.1 –1.5 U/A 15,000 SF 80’ 15’ 30’
(e)Each interior lot shall have at least eighty (80) 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-1R zoning district shall meet the same setbacks
as accessory buildings in the R-1 (single dwelling) district.
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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 in the R-1R zoning district, the following size standards shall apply to accessory buildings and
garages:
Table 44-127.1 Accessory Sizes
Detached Buildings (Max Attached Garages (Max Combination of detach
Area, Square Feet) Area, Square Feet) buildings and attached
Garage (Max Area)
Tier I 1,400 (garages), 1,100 1,400 2,800
(other)
Tier II 1,250 SF Total 1,250 1,850
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.
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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 Forest Historic Preservation
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
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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.
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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 park accessibility
charges.
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.
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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.
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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/developer.
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 the developer understands 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 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 which
shall be completed prior to final plat approval or the issuance of any building permit.
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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)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 Units)Number of Lots on a 10 Acre
RangeConservationSite (Example)
Principles
Tier 1: 0None – base entitlement of 2 Acre Lots 5 Lots
0.5 – 1.0 2100% 10 lots
Tier 2: 4 100% 15 lots
1.1 – 1.5
This ordinance shall take effect after the approval by the city council and publishing in the
official newspaper.
The Maplewood City Council approved this ordinance revision on April 12, 2010.
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