HomeMy WebLinkAboutOrd #067-3rd Ser/Amending code re: conservation design ..�
SUMMARY OF ORDINANCE NO. 67 , THIRD SERIES
ORDINANCE NO 67 , THIRD SERIES
AN ORDINANCE AMENDING CHAPTERS 78 AND 82
OF THE ORONO MUNICIPAL CODE
BY ADDING NEW SECTIONS 78-1631 THROUGH 78-1640
AND SECTION 82-300 REGARDING CONSERVATION DESIGN
The following is the official summary of Ordinance No. 67 , Third Series approved by the
City Council of the City of Orono on January 11, 2010.
The Ordinance adds Article XII to Chapter 78 (Zoning Code) of the Orono Municipal Code,
consisting of Sections 78-1631 through 78-1640 which add a Conservation Design Master
Pla.nning requirement applicable to all proposed residential subdivisions or multi-unit residential
developments greater than 5 acres in total area or guided for urban density (greater than 1 unit
per 2 acres). The Ordinance has a goal of preserving and enhancing the ecological/aesthetic
character of the City by requiring protection and enhancement of drainageways and water
quality,protection and enhancement of ecological communities, reinforcement and establishment
of ecological connections throughout the City, augmentation and preservation of viewsheds
including corridor enclosure and buffering, preservation and improvement of views, and
preservation or reinterpretation of local landmarks.
The Ordinance includes definition of a variety of related terms; establishes basic application and
plan requirements; establishes criteria for evaluation of applications; addresses the provision of
development density bonuses for urban-density residential development; and establishes long-
term preservation requirements.
The Ordinance adds Article IV, Division 4, Section 82-300 to Chapter 82 (Subdivision
Regulations) of the Orono Municipal Code, establishing that all proposed residential
subdivisions or multi-unit residential developments greater than 5 acres in total area or guided
for urban density(greater than 1 unit per 2 acres) shall be subject to the provisions of Chapter 78,
Article XII with regards to Conservation Design.
This summary Ordinance is an abbreviated summary of Ordinance No. 67 , Third Series. A
printed copy of Ordinance No. 67 , Third Series in its entirety is available for inspection by
any person at the office of the City Clerk during regular office hours. This ordinance becomes
effective immediately upon publication.
Adopted by the City Council of the City of Orono, Minnesota on this l lth day of January,
2010 by a vote of 4 ayes and 1 nays.
ATTEST:
, �a�.�v �U�� ,,,.►^°.-� 7� 1..�lv�
Lmda S. Vee, City Clerk Jam M. White, Mayor
Published in the Sun Sailor newspapers the week of January 21, 2010.
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ORDINANCE NO 67 , THIRD SERIES
AN ORDINANCE AMENDING CHAPTERS 78 AND 82
OF THE ORONO MUNICIPAL CODE
BY ADDING NEW SECTIONS 78-1631 THROUGH 78-1640
AND SECTION 82-300
REGARDING CONSERVATION DESIGN
The City Council of Orono, Minnesota ordains as follows:
SECTION 1. The Orono Zoning Code, Chapter 78 of the Orono Municipal Code, is
hereby amended by adding Article XII, Sections 78-1631 through 78-1640, to read as
follows:
"ARTICLE XII.
CONSERVATION DESIGN
DIVISION 1.
GENERALLY
Sec. 78-1631 Purpose and Intent. The City of Orono as a result of the Rural Oasis
Study conducted in 2005 finds that there is an intrinsic link between the natural systems
and the valued scenic character that exist throughout the community. The requirements
of this Conservation Design ordinance are meant to preserve and enhance this
ecologicaUaesthetic character by requiring: 1) protection and enhancement of
drainageways and water quality; 2) protection and enhancement of ecological
communities; 3) reinforcement and establishment of ecological connections throughout
the City; 4) augmentation and preservation of viewsheds including corridor enclosure
and buffering; 5),preservation and improvement of views; and 6) preservation or
reinterpretation of local landmarks.
Sec. 78-1632 Applicability. The Conservation Design Master Planning requirements of
this ordinance apply to all proposed residential subdivisions or multi-unit residential
developments greater than 5 acres in total area or guided for urban density (greater than 1
unit per 2 acres).
Sec. 78-1633 Definitions.
Conservation Desi�n - A two-phased approach to design and development that
maintains or improves ecological assets, provides infrastructure that works with the land,
and incorporates people's instinctive desire to experience nature. Some Conservation
Design strategies include: identifying and avoiding sensitive natural features, planning
roads along contours, allowing lots to border natural open space, integrating ecological
stormwater management, using smaller lots, and educating developer and buyers about
the ecological values of the landscape. The first phase entails an inventory and analysis
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of the potential development site's natural features, existing land uses, and wetland
delineation. The second phase entails analyzing the design implications of the findings
from the initial phase, alternative stormwater design, and a conceptual design foz road
and lot layouts. '
Minnesota Land Cover Classification Svstem (MLCCS� - The Minnesota Land Cover
Classification System (MLCCS) displays data on natural/semi-natural and cultural cover
types at the highest level of classification. The next four levels of classification each
reveal further specifications such as plant types, soil hydrology, impervious surfaces and
plant species. Using MLCCS data is the first step in producing a natural resource
inventory of a development site.
Orono Natural Resource Inventorv - an element of the Orono Community Management
Plan that displays the ecological connections within and beyond the City of Orono.
Corridor Enclosure - The nature, appearance and relative degrees of screening provided
by roadside vegetation. Corridor enclosure types include:
O_pen Enclosure Long views beyond the right-of-way, no real sense of
corridor enclosure.
Ed�ed Enclosure Solid wall of vegetation along roadside, views focused
along corridor.
Tunneled Enclosure Vegetation begins to completely enclose roadway, above
and sides, creating a"small scale"roadway experience.
Varied Enclosure Enclosure changes rapidly along corridor, short stretches of
open, edged, and tunneled corridor.
View Analvsis - The process of determining whether a view is positive or negative.
Positive Views Views of natural areas, water bodies, established parks,
wetlands, rural and historic land uses.
Negative Views Views of structures, particularly multi-family residential,
institutional, and commercial and industrial uses. Views of
power lines, telephone poles and other utility infrastructure.
Landmark Preservation and Enhancement - Preserving and maintaining distinct cultural
features, landmarks and unique points of local character, both natural and man-made, to
maintain a familiar sense of place in the community.
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Ecolo�ical Mana�ement Categories -
Level l . Ecological "off-limits" areas, including wetlands and required
� buffers, historic drainage.
Leve12 Ecological opportunities, including existing degraded
drainageways and existing degraded ecosystem remnants.
Leve13 Ecological possibilities: Areas suitable for stormwater treatment.
Note: These Ecological Management Categories are not intended to directly
correlate with MLCCS M-34X Natural Community Quality Modifiers.
Si�nificant Tree Stand - A grouping or cluster of coniferous and/or deciduous trees with
contiguous crown cover, occupying five hundred (500) or more square feet of property,
which are comprised of deciduous trees six (6) inches or larger in diameter (d.b.h.) or
coniferous trees twelve (12) feet or more in height. Additionally, those forest or
woodland remnants identified as high, moderate or good quality in the Orono Natural
Resources Inventory shall be considered as significant tree stands.
DIVISION 2.
BASIC APPLICATION AND PLAN REQUIREMENTS
Sec. 78-1634 Application Requirements and Procedures. The developer shall follow
the steps outlined below as part of the development review process:
1) Review and respond to the Goals and Policies for Environmental Protection and
Natural Resource Management as established in the Orono Community
Management Plan and the recommendations contained within the Orono Natural
Resources Inventory. The intent is to establish the property's ecological
connections both within Orono and as part of the regional ecological system.
2) If the property exists adjacent to a documented corridor in the Rural Oasis Study,
review and respond to the existing aesthetic and ecological analysis.
3) If the property is not adjacent to a documented comdor in the Rural Oasis Study,
developer shall have a qualified consultant prepare a similar analysis and submit it
to the City for review. This analysis shall include the documentation of views,
corridor enclosure, and landmarks through a plan analysis and photographs.
Developer shall be charged a standard fee established in the City Fee Schedule to
cover the expenses of the City in hiring a consultant to review the ecological site
analysis submitted by the developer.
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4) Additionally, submit a natural resources inventory of the site, including all of the
following elements:
a) Review of the MLCCS data pertinent to the site.
b) Tree survey, including all significant individual trees greater than 6"
diameter, and stands of trees, identifying tree species and size.
c) Wetland inventory, including delineation reports.
d) Topographic survey indicating existing drainage patterns.
e) Analysis of the site based on the findings and recommendations of the
Orono Natural Resources Inventory with regards to:
- Conceptual greenways and open space corridors
- Existence of rare plant communities
- Potential need for proactive management and protection
Sec. 78-1635 Basic Conservation Design Master Plan Requirements and Evaluation
Criteria. The developer shall prepare a Conservation Design Master Plan for
development of the property, consisting of written and visual documentation including
maps in an acceptable electronic format, addressing the following topics:
1) Consideration of the existing drainage system;
2) Establishment of a stormwater management system, using multi-cell
treatment principles, and defining proposed methods of stormwater
phosphorus reduction;
3) Removal of invasive species and diseased trees;
4) Protection of significant tree stands and woodlands that support scenic
and/or ecological goals, including mitigation of any such stands to be
impacted by development activities;
5) Protection of existing wetlands, including augmentation of buffers,
mitigation of impacts, and enhancement of degraded systems;
6) Justification and mitigation of any negative impact to ecological
communities. "Negative impact" includes any modification to a lower
level of ecological community quality, as described by the Minnesota
Land Cover Classification System (M_34X Modifiers);
7) Maintenance of ecological connections through site design, as shown on
the Orono Natural Resource Inventory;
8) Maintenance and protection of existing positive views, and mitigation of
any existing or proposed negative views using appropriate measures such
as site layout, screening, building design and coloration, etc.; and
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9) Preservation or reinterpretation of existing landmarks.
The Planning Commission and City Council shall evaluate the Conservation Design
Master Plan to determine whether the proposed development:
1) Preserves existing drainage patterns and enhances stormwater collection
and conveyance by applying an ecologically-based multi-cell stormwater
management system that improves ecosystems by reducing reliance on
manmade infrastructure, reducing downstream runoff of contaminants,
and enhancing ecological connections.
2) Includes a program for the removal of invasive species and diseased trees;
protects significant tree stands and woodlands that support scenic and/or
ecological goals; and includes mitigation of any such stands that will be
impacted by development activities.
3) Protects existing wetlands by implementing new buffers or augmenting
existing buffers; mitigates identified wetland impacts; and enhances
degraded wetland systems.
4) Results in no negative impact to ecological communities of Ecological
Management Categories 1 and 2; results in no negative modification of
any ecological communities as described by the Minnesota Land Cover
Classification System; and establishes, maintains and improves native
ecological communities including natural and semi-natural areas to
provide wildlife habitat and support natural ecological functions (i.e.
drainage, filtering,buffering, etc.).
5) Establishes or maintains ecological connections through site design, as
shown on the Orono Natural Resource Inventory that will enhance
stormwater collection and conveyance, promote ecological and wildlife
corridors, and provide recreational opportunities for residents.
6) Preserves and where appropriate augments or improves roadway corridor
enclosure to promote community aesthetics associated with the city's rural
character; preserves open rural views and other aesthetic elements of the
landscape; and mitigates the negative visual impacts of development.
7) Preserves, maintains, or reinterprets existing landmarks and unique points
of local chaxacter, and preserves distinct cultural features that will
maintain a familiar sense of place in the community.
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DIVISION 3.
DENSITY BONUS STANDARDS
Sec. 78-1636 Density�Bonuses for Urban Density Development. For residential
development in Orono's defined urban area (zoning districts allowing densities in excess
of 1 unit per 2 acres, and including properties identified in the Orono Community
Management Plan for conversion to urban density) within the ranges of the guided
density a density bonus may be allowed if the City Council finds that the Performance
Bonus Requirements of this ordinance have been met. The City Council shall determine
the extent of density bonus awarded for such properties. Example: Properties guided in
the Community Management Plan for a density range of 2-4 units per acre have a base
density of 2 units per acre; while the high end of the density range is not guaranteed, the
City Council at its discretion may allow development at a final density of up to 4 units
per acre through the Performance Bonus process.
Sec. 78-1637 Performance Bonus Requirements. Within the urban density area,
developers have the opportunity to increase the base density by going above and beyond
the Basic Conservation Design Master Plan requirement. By implementing a combination
of development enhancements that not only preserve but improve the natural
characteristics of the property or preserve and enhance existing landmarks, the developer
shall become eligible for a density bonus. The extent of such density bonus shall be
determined by the City Council. Development enhancements include but are not
necessarily limited to the following
1) Reforestation beyond existing woodland limits
2) Water quality improvements
3) Improvements in ecological grade of existing communities
4) Upgrading of edge buffering to maximum, or tunneled, character
5) Major preservation or enhancement of existing landmarks
DIVISION 4.
LONGTERM PRESERVATION
Sec. 78-1638 Preservation Requirements. The developer shall establish and implement
measures that will ensure the preservation and maintenance of those elements of the
development that are determined to require long-term or permanent protection from
development or misuse. Such measures may include but are not limited to: conservation
easements; deed restrictions; private covenants; transfer of ownership to agencies such as
the Minnesota Land Trust or the Nature Conservancy, or to the City via dedication, etc.
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Sec. 78-1639 Buyer Education. The developer shall establish covenants documenting
the elements of the development to be protected and how they are to be protected, and
shall establish a defined program for education of the initial purchasers of lots within the
development as to the limitations that affect future use of the property.
DIVISION 5.
RESOURCES
Sec. 78-1640 Resources. The primary references for facilitating the Conservation
Design process include the following:
- Orono Rural Oasis Study(DSU, 2005)
- 2008-2030 City of Orono Community Management Plan, Chapter 3A-
Environmental Protection Plan(City of Orono, 2009)
- Orono Natural Resources Inventory(Hennepin County Dept. of
Environmental Services/Bonestroo Natural Resources Group, 2006)
- Minnesota Land Cover Classification System (MLCCS)"
SECTION 2. The Orono Subdivision Code, Chapter 82 of the Orono Municipal Code,
is hereby amended by adding Article IV, Division 4, Section 82-300, to read as follows:
"DIVISION 4.
CONSERVATION DESIGN
Section 82-300. Conservation Design Required. All proposed residential subdivisions
or multi-unit residential developments greater than 5 acres in total area or guided for
urban density (greater than 1 unit per 2 acres) shall be subject to the provisions of
Chapter 78, Article XII with regards to Conservation Design."
SECTION 3. This ordinance is effective immediately upon adoption and publication
according to law.
Adopted by the City Council of Orono on this 11`h day of January, 2010
by a vote of 4 ayes and 1 nays.
ATTEST:
� �� � �
Linda S. Vee, City Clerk J s M. White, Mayor
Summary published in the Sun Sailor newspapers the week of January 21, 2010.
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