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Land Use Plan4.0 Introduction4.1

The Land Use Chapter is intended to provide important background data, analyze trends, and define future needs related to land use. This information will serve as the foundation for the development of goals, objectives, policies, and actions. The Land Use Chapter should be defined and utilized in conjunction with the other chapters of the Comprehensive Plan and will serve as a guide to future growth and development within Sibley County.

Defining appropriate land use involves more than making ecological and economical choices. It is also about retaining values, lifestyles, cultural assets, and community character. The planning of future land uses is sometimes perceived as an intrusion on the rights of private property owners. The actual purpose of this activity is to protect rights of the individuals and to give landowners, citizens, and local communities the opportunity to define their own destiny.

Many rural Minnesota communities are facing problems due to unplanned growth, pollution, a loss of community character, traffic congestion, and sprawling development. Property taxes have reached all time highs and infrastructure and maintenance costs continue to encumber

local units of government, and natural resources are being degraded. By giving communities the opportunity to define the way they wish to grow and by developing a “vision” to reach that target, the magnitude of these problems can be reduced. This Plan will help reduce the impacts of these issues.

existing Conditions4.2 An accurate description of Sibley County’s current land use pattern is an important step in planning for a desired future land use pattern. Existing land use was compiled through an analysis of 1999 land cover mapping done by the Minnesota Land Management Information Center (LMIC). Map 4-1 illustrates the 1999 Land Use and Land Cover for Sibley County.

Sibley County has a total of 386,480 acres of land of which approximately 381,230 acres are privately owned. Publicly-owned land, including municipalities, county, state and federal lands, covers 5,250 acres. Almost 85 percent or 328,122 acres of the total land within the county is classified as agricultural. Forest comprises approximately 19,710 acres or 5.1 percent of the total land area of the county. The next most significant land use/land cover in Sibley County is hay, pasture, grassland which comprises approximately 18,551 acres or about 4.8 percent of the total land area of the County.

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Land in Sibley County is primarily used for agricultural production. Corn and soybeans are the predominant crops; however, with vegetable canning industries in the area, peas and sweet corn are included in many rotations. The Southern Minnesota Sugar Beet Cooperative recently increased their acreage by 40,000 acres, creating a significant increase in the amount of sugar beets grown.

The number of dairy producers in Sibley County is steadily declining due to low milk prices; the remaining producers are increasing their operations for profit. This large-scale trend reduces forage crops throughout the county although the acreage of forage in the areas surrounding the large-scale dairy operations is expected to rise.

Comparisons of land cover information and recent aerial photography indicate that some residential development is expanding into forest and agricultural areas, especially in the eastern portions of the County or those areas with access to major transportation corridors. This growth is consistent with County Zoning Ordinance, however, continued growth in this pattern may lead to a sprawling and inefficient development patterns.

Table 4-1 Generalized Land Use/Land Cover Acreage and Percent of Total

Land Use Type Total AcresPercent of

Total AcresCultivated Land 328,122 84.9%

Urban and Rural Development 10,435 2.7%Forest 19,710 5.1%

Wetland 4,251 1.1%Water 5,411 1.4%

Hay, pasture, grassland 18,551 4.8%Total 386,480 100%

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existing Land Use/Land Cover DefinitionsThe definition of each land use classification and existing condition within Sibley County is summarized below:

Urban and Rural DevelopmentResidential, commercial, industrial, cultural and recreational developments and related developments such as power plants, power lines, pipelines, airports, waste treatment facilities, golf courses, farmsteads and feedlots. Associated structures include garages, sheds and landscaped areas.

Cultivated landAreas under intensive cropping or rotation, including fallow fields and fields seeded for forage or cover crops that exhibit linear or other patterns associated with current tillage.

Hay/pasture/grasslandAreas covered by grasslands and herbaceous plants; these may contain up to one-third shrub and tree cover. Some areas may be used as pastures and mowed or grazed. Included are fields that show evidence of past tillage but now appear to be abandoned and grown over with native vegetation or planted with a cover crop.

ForestAreas where two-thirds or more of the total canopy cover is composed of predominantly woody deciduous and coniferous species and areas of regenerated or young forest where commercial timber has been completely or partially removed by logging, other management activities or natural events; includes woodlots, shelterbelts and plantations.

WaterPermanent bodies of water such as lakes, rivers, reservoirs, stock ponds and open water areas where photo evidence indicates that the areas are covered by water the majority of the time.

WetlandGrassy, wet areas with standing or slowly moving water. Vegetation consists of grass and sedge sods, and common hydrophytic vegetation such as cattail and rushes. These areas include wetlands with lowland coniferous forest and peat-covered or peat-filled depressions with a high water table; areas are often interspersed with channels or pools of open water.

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Land Use and Development trendsOverall, the intensity and density of all land use activities is low in Sibley County; however the Eastern portion of the County has seen periods of heavy development pressure, particularly rural development.

Over the next 20 years, it is anticipated that the overall density will rise in the County, especially Eastern Sibley County and in and around cities. The County’s position to preserve agricultural uses with 1 unit per 40 acre zoning is one way to maintain land use activities appropriate to the desires of the community. It will also curb high-intensity and high-density development in rural areas, which may negatively impact the rural nature and agricultural character valued by the community. However, it is expected that the cities in the County will experience growth in the next 20 years, as well as the townships situated in the Eastern portion of the County. Balancing growth and development with conservation of agricultural land and natural resources will take careful planning.

Factors Influencing Development Patterns in Sibley CountySeveral factors have influenced the way in which development has occurred in Sibley County. These factors are a combination of market/economic forces, public infrastructure, personal desires, agriculture, natural resources (topography, vegetation, water resources), and proximity to both the Twin Cities and Mankato.

Economic TrendsSince the mid 1990s, the value of and price paid for area land has steady increased. This increase is not expected to slow, except for minor dips related to the national economy, such as the current recession of 2008/2009. Overall, land values in Sibley County have been influenced significantly by the relative health and demand for agricultural land, as well as demand for rural residential housing in the Eastern portion of the County, which has been fueled by growth and expansion of the Twin Cities Metropolitan Area.

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Public InfrastructurePublic infrastructure, especially the transportation network, contributes to the overall development pattern of the County as the network provides access to buildable land. Recent regional transportation projects such as the new Highway 212 in Carver and Hennepin County will undoubtedly have an impact on Sibley County; however, it is difficult to quantify that impact, especially considering the current recession. Future transportation projects such as the Highway 41 river crossing (connecting TH 169 to new TH 212) will also likely lead to additional growth pressures. Likewise, road development by private landowners and developers having access to the existing transportation network will continue to occur, which will allow for continued development in Sibley County.

ProximitySibley County’s proximity to the Twin Cities Metropolitan Area and Mankato has affected the development pattern and trends we see today. The Twin Cities is growing to the south and west of its core, which is the general direction of Sibley County. Highways TH 169 and TH 212 allow relatively quick access to the Twin Cities and Mankato (TH 169). With this proximity comes development pressure and growth which can be good or bad depending on how it is managed. If and when development picks up again, Sibley

County can expect to see more growth because of its proximity to the Twin Cities and Mankato.

AgricultureSibley County’s economy is predominately based on agriculture and it also affects development patterns and trends. In order to sustain long-term agriculture uses in a viable manner the County has enacted a 1 per 40 agricultural zoning designation in the majority of the County. This zoning designation ensures that agriculture will be the primary use in the majority of the County. Conversely, this means that high density or otherwise rural residential development is not allowed in certain areas of the County, which means agriculture will continue to sustain itself over the long-term.

Natural ResourcesThe open space in the area provides natural amenities for residents of Sibley County. Amenities include, the Minnesota River, bluffs, open space provided by Ag land, and parks. It is important to preserve these amenities as development pressures continue. Development in the bluff land area has been very common in the past and will continue to be prevalent in the future.

With almost 20,000 acres of forest land in the County, the continued expansion of “residential woodlots” is likely. In Sibley County, the forested residential

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development pattern has already occurred, but on a relatively small scale. One drawback of this type of development is that it can lead to fragmentation of the landscape and general loss of rural character. Rural residential developments of this type can also pose access challenges for emergency/police/fire response. For example, homes located far off the public road on narrow driveways that twist and turn through the trees can often times create difficulties for emergency vehicles accessing the property.

Existing Land Use RegulationZoning, a locally enacted law, protects the public health, safety, and welfare. Under Minnesota State Statute, counties are granted general zoning powers within the unincorporated areas of the county.

Zoning involves dividing an area (i.e. Sibley County) into districts or zones such as agricultural, residential, commercial, and other public purposes. The zoning regulations or codes then state which specific land uses are permitted within each district and defines the parameters to which the use is constructed and/or operated. Zoning provides for orderly growth by protecting homes and property from harmful and incompatible uses on neighboring properties.

The Zoning Ordinance, along with the Comprehensive Plan that provides the County with legal authority to enforce its land use control and regulations.

Below is a brief description of each of the districts. A more detailed description of zoning districts and uses can be found in the Sibley County Zoning Ordinance.

S-1 - Special Protection Shorelands DistrictThe intent of the S-1 Special Protection Shorelands District is to guide the wise development, continued agricultural uses and utilization of shorelands of public waters for the preservation of water quality, natural characteristics, economic values, and the general health, safety and welfare of all public waters in the unincorporated areas of the County. Further, the purpose of this district is to manage areas unsuitable for development due to wet soils, steep slopes, or large areas of exposed bedrock; and to manage areas of unique natural and biological characteristics in accordance with compatible uses.

S-2 - Residential-Recreation Shoreland DistrictThe intent of the S-2 Residential-Recreation Shoreland District is to guide continued agriculture uses and to preserve areas, which have natural characteristics suitable for both passive and active recreational usage. Also it is the intent of this district to manage areas suitable for residential development of a low density nature.

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C - Conservation and Agriculture DistrictThe intent of the C Conservation and Agriculture District is to provide a district based on topographic, physiographic and soil productivity, that will:

Be protective of the more productive • agricultural lands in Sibley County from non-agricultural influences;

Prevent scattered non-agricultural uses • of the more productive agricultural lands in Sibley County;

Retain areas of natural vegetation that • act to buffer critical water and wind erosion areas from agriculturally related activities;

Secure economy in governmental • expenditures for public services, utilities and schools; and;

Deter abuse of water and soil resources; • and,

Conserve and enhance other natural • resources of the county.

A - General Agricultural DistrictThe A - General Agricultural District is intended to provide a district that will:

Allow suitable areas of Sibley County • to be retained in agricultural use;

Prevent scattered, non-agricultural • development;

Secure economy in governmental • expenditures for public services, utilities and schools; and,

To discourage non-agricultural growth.•

R-1 - Suburban Residence District The R-1 Suburban Residence District is intended to provide a district that will allow medium density residential development and on-lot utilities in areas where municipal utilities are not available in the near future and where an agricultural/residential mixed land use pattern exists or growth trends indicate, due to the topography and recent growth patterns.

B-1 - Highway Service Business District The B-1 Highway Service Business District is intended to provide a district that will allow compact and convenient limited highway-oriented business, closely related to existing urban areas and major highways in the county and at standards that will not impair the traffic-carrying capabilities of abutting roads and highways.

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I - Industry District The I Industry District is intended to provide a district that will allow compact, convenient, limited, highway-oriented industry closely related to existing urban areas in the County and at standards that will not impair the traffic-carrying capabilities of abutting roads and highways. The regulations for the district are intended to encourage industrial development that is compatible with surrounding or abutting districts.

F - Flood Plain DistrictThere are three subdistricts within the Flood Plain District, namely: Floodway District (FW), Flood Fringe District (FF), and General Flood Plain District. (GFP).

The Floodway District shall include 1. those areas designated as floodway on the Flood Insurance Rate Map.

The Flood Fringe District shall 2. include those areas designated as floodway fringe. The Flood Fringe shall constitute those areas shown on the Flood Insurance Rate Map as being within Zone AE but being located outside of the floodway.

The General Flood Plain District 3. shall include those areas designated as Zone A on the Flood Insurance Rate Map.

Overall, zoning ordinances should be based on a land use plan in order to be effective and protect the public interest. The development of a comprehensive plan for Sibley County provides the Planning Commission, Board of Adjustment, and County Board a document upon which the community has provided input and stated desires regarding future land use decisions within the County. The Comprehensive Plan will also form a basis of planning for any future changes to the Sibley County Zoning Ordinance.

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Land Use Goals, objectives, 4.3 and PoliciesThe land use goals are idealized end results that the Comprehensive Plan strives to accomplish in managing future growth while protecting social, economic, and natural resources. The land use policies represent the official position and action items that the County will follow with respect to implementing controlled growth strategies, protecting agriculture, and preserving natural resources.

The County anticipates that it will grow at a moderate rate over the next 20-plus years. To ensure this growth and changes in land use do not adversely affect the rural character or natural resources of the area, or the integrity of agricultural operations, Sibley County has developed the following goals and policies.

Land Use GoalsOverall Land Use GoalSibley County’s goal is to manage land use in order to preserve the rural and agricultural character, encourage compatibility of uses, protect natural resources, and to meet the needs of County residents in a sustainable manner.

Ensure agriculture remains viable • through future growth and change in the County.

Preserve the rural character of the • County by protecting farmland, natural resources, and other open space.

Direct the vast majority of commercial, • industrial, and residential growth to cities within the County, while allowing for well planned residential development in the townships.

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Land Use Goal #1Sibley County will preserve community principles identified in the public engagement process.

Agriculture.• Sibley County has historically been an agricultural County and this should continue to be in the future with official County policy such as the Comprehensive Plan and Zoning Ordinance recognizing and allowing agricultural uses to continue without intrusion from incompatible uses.

Rural Character.• Sibley County has a rich history of having a rural lifestyle that embraces agriculture and open spaces. Rural character is difficult to define but people know it when they see it. It was noted frequently in the public engagement process that residents want to preserve the rural character of the County.

Natural Resources.• Sibley County’s natural resources were identified in the public engagement process as one of the most important assets to the county that benefit residents, provide habitat for plants and animals, and are a defining trait of the county’s rural landscape.

Parks and Trails.• Sibley County’s park and trail system provide many benefits to the public and the natural environment including open space, opportunities for recreation and physical activity, and preservation of natural resources and habitat.

Land Use Goal #2Sibley County supports providing for the efficient growth of cities and the economical extension of public services to developing areas.

Sibley County supports defining area • cities will realistically need for future growth.

Sibley County supports avoiding • premature annexation of land.

Sibley County supports managing • expansion areas, including prohibiting large scale animal agriculture operations, or large lot residential development and other land uses not compatible with future use.

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Land Use Goal #3Sibley County supports preserving long term agricultural land and open space in order to maintain a viable agricultural economy, and to maintain a sustainable land use pattern which recognizes the sensitivity of natural areas. Sibley County supports:

Preserving long term agricultural land • in farmable parcels

Minimizing potential for land use • conflicts

Managing land use so that urban • services will not need to be extended into agricultural areas, and so that existing service levels (on-site sewers, gravel roads, etc.) will meet service needs.

Limit residential density to 1 unit per • 40 acres plus limited development in C – Conservation Agriculture District.

Land Use Goal #4Sibley County supports enhancing water quality within the county. Sibley County supports:

Buffers along drainage ditches and • other waterways.

Working with other entities to enhance • water quality within the County and Region.

The goals, policies, and • recommendations of the Sibley County Water Plan.

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Land Use PoliciesOverall Land Use PolicySibley County’s position on land use in the county is that urban/suburban development should occur within the cities of the county and that the areas outside the cities remain relatively rural in character with agriculture the primary land use.

Policy AreasThe following policy areas are the framework for guiding land use and development in Sibley County for the foreseeable future.

Agricultural Policy Area.• This area encompasses the rural, agricultural area of the County. These areas will remain rural in nature and will be managed to provide to the extent possible an environment where agriculture is viable over the long term. Limited residential uses and other uses generally compatible with agriculture and the rural area will also be permitted.

Conservation.• This area encompasses the area zoned Conservation Agriculture in the current zoning ordinance. These areas should retain rural character and will be managed to preserve natural resources, agricultural, and other sensitive lands. Conservation or cluster development should be utilized for any plats that occur in this area. New home on new

sites should have a density of 1 unit per 5 acres.

Transition Areas.• Designates areas adjacent to cities where a combination of uses in an urban or near urban environment is likely to develop over the long term. Purpose is to provide a buffer between urban and rural areas, and promote cooperation between affected cities and townships in making land use decisions.

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agricultural Policy areaAgricultural areas encompass the majority of Sibley County. Traditionally, the vast majority of this land has been used for agricultural purposes and still continues to be used for agricultural purposes today.

GoalTo preserve and protect the rural open space character of the County, including agriculture and natural resources in order to maintain a viable economy, and maintain a sustainable land use pattern that recognizes the sensitivity of the natural environment.

Objectives:Preserve the “open space” character of • the community;

Preserve productive agricultural land • in farmable parcels;

Manage land use so that urban services • will not need to be extended into the rural area, and so that existing service levels (on-site sewers, gravel roads, etc) will meet service needs.

Agricultural Area Service and Development PoliciesThe public services existing and planned in the rural area are those necessary to support agriculture and other appropriate rural development – on-site sewer, private wells, and, often, gravel roads. Much of the land in the rural area is served by gravel township roads, or hard-surface roads with a rural design. The maximum optimal capacity of such rural roads is typically 200 ADT (average daily trips), and in some cases, much less. The County and State highways are designed to carry larger volumes of traffic at high speeds. Proper spacing and design of private access is critical to protecting the capacity and providing safer roads. The agricultural area also contains many natural resources such as lakes, rivers, streams, wetlands, valleys, ravines, woods, bluffs, etc. that can be adversely affected by more intensely developed land uses.

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Agricultural Area Policy 1: Principal UseThe principal long term uses of land in this area will be agricultural in nature for the foreseeable future. This means agricultural uses will be protected and encouraged, residential development will be at very low densities in designated areas, and other uses such as aggregate mining will be permitted subject to regulations that prevent conflict with the goal of preserving the agricultural area. Land uses that will require, either immediately or over the long term, service levels greater than those needed in a rural agricultural area should not be allowed. Uses of this nature will be directed to the urban areas where the needed services are available.

Agricultural Area Policy 2: Residential Land UsesThere is one residential density allowed in the agricultural area. The agricultural area allows one dwelling unit per ¼ ¼ section (40 acres). This density should be followed to retain rural character in Sibley County.

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Agricultural Area Policy 3: Service and Development StandardsThe following standards are intended to ensure that land uses in the agricultural policy area of the County are compatible with a rural area and the level of services available in that area.

Farms and other agricultural • operations that are semi-truck traffic generators are encouraged to locate where road infrastructure is adequate enough to handle heavy loads. If the farm or operation is not served by adequate road infrastructure, the farm owner may be asked to assist the Township and/or County with upgrading the road to handle heavy truck traffic.

Proposals must be thoroughly • reviewed in cases where the approval of a change in land use would raise traffic on a rural road substantially above its capacity. Also, individual land uses that will generate high levels of traffic and/or heavy vehicle traffic should be required to participate in the upgrading of facilities.

Residential development, including • those occurring as a result of transfer or grouping of one per 40 eligibilities, must be served by a public road. If the road may ultimately serve a large number of units, or the area is planned to be served by hard surfaced roads,

the design should be adaptable to hard surfacing.

In most instances there should be no • more than one access from a residential area to an existing public road, nor should individual lots have more than one access to a public road.

Development standards should • include regulations to prevent erosion and sedimentation during and after construction.

Lakes, wetlands, streams, bluffs and • other sensitive natural features shall be protected from the adverse impacts of construction and development.

Land use changes and development • should be designed so as to minimize disturbance of natural systems. Building sites should remain in their natural state to the greatest extent possible.

Agricultural Area Policy 4: Buffering of Drainage DitchesA one rod (16.5 feet) buffer strip should be planted and maintained along all drainage ditches in the County. The purpose of the buffer is to help filter water prior to it running into the drainage ditch.

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Conservation Policy areaThe Conservation policy area is located in the Eastern Part of the County and is comprised mostly of wooded bluffland. Traditionally, much of this land has been used for agricultural and there are also significant natural resources found in this area.

GoalTo preserve and protect the rural open space character of the this area, including agriculture and natural resources in order to maintain a viable economy, and maintain a sustainable land use pattern that recognizes the sensitivity of the natural environment. Cluster developments will be encouraged when platting occurs.

ObjectivesPreserve the “open space” character of • the area;

Preserve natural resources;•

Utilize conservation or cluster • developments to preserve open space and natural resource areas;

Preserve productive agricultural land • in farmable parcels; and,

Manage land use so that urban services • will not need to be extended into the rural area, and so that existing service levels (on-site sewers, gravel roads, etc) will meet service needs.

Conservation Area Policies The Conservation land classification identifies areas that are below 57 in the Crop Equivalency Rating System. Most of these areas are in the Eastern Sibley County where there are significant amounts of bluffs and woodlands.

Conservation Area Policy 1: Conservation/Clustering Best Management PracticesConsider additional requirements for conservation considerations in rural areas. These requirements and best management practices should establish a minimum percentage of area that shall be preserved as open space in a development and create buffers zones and screens along roads and sensitive natural resources (i.e. steep slopes, wooded areas, wetlands, floodplains, meadows, etc.).

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Conservation Area Policy 2: DensityThe density of development for new home on new site is 1 unit per 5 acres. Plats have two density options. Option 1 is a plat with 2 units per acre and Option 2 is a clustering option that would allow for additional density and would utilize community sewer systems and have 1 to 3 acre lot sizes and preserve 50% of the overall site in open space.

Conservation Area Policy 3: Township ZoningCurrently, several townships have enacted 1 per 10 acre density in the Conservation Ag Zoning District. The 1 per 10 acre density better achieves the policies of the Conservation Area and should be encouraged to continue in the future.

Conservation Area Policy 4: Siting The siting of buildings when development occurs in Conservation areas should be done so as to minimize the impact on the resource as much as possible.

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Cluster Development overview (Adapted from Residential Cluster Development: Overview of Key Issues, authored by Mathew Mega, Barbara Lukermann, and Robert Sykes – University of Minnesota).

Residential cluster development is a means of permanently protecting open space, rural character, and important environmental resources in new housing developments, while still providing homeowners with good housing and landowners with the opportunity to develop their property. There are several issues that often come up when discussing cluster development.

These issues include the design, use, approval, and management of wastewater and storm water rural technologies. These technologies address people’s legitimate concerns over the environmental degradation often associated with residential development in rural areas.

By combining the use of rural technologies with cluster development design, local officials have another option to deal with growth pressures. But to make rural technologies and cluster development possible, local officials need to incorporate new language into local ordinances and comprehensive land use plans.

What Is Cluster Development?Cluster development is the grouping of a particular development’s residential structures on a portion of the available land, reserving a significant amount of the site as protected open space. Many communities in Minnesota and across the United States are updating their comprehensive land use plans and establishing specific ordinances to guide the development and construction of residential clusters. New ordinances require design standards and identify minimum open space and density standards. These key changes have prompted some communities to opt for more descriptive terminology, including open space development or conservation subdivision design, for the more traditional

Figure 4-1 Cluster vs. Standard development.

Standard Subdivision Cluster Development

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cluster development. While the different terminology has created some confusion, each term still adheres to the three basic goals of cluster development: preserving open space, protecting critical ecological habitat, and preserving agricultural land.

The usable open space created by a cluster development can meet a number of community goals. These goals sometimes conflict with one another. For example, the protection of wildlife habitat may be incompatible with the preservation of agricultural land. However, the key benefit is the availability of open space - space that has been preserved by clustering units on smaller lots. The landowner and the community make the ultimate decision on how the open space is used.

Current Zoning PracticesCurrent zoning practices establish minimum lot sizes, setbacks and widths that developers must follow when they design subdivisions. This leads to developments that maximize the number of lots based on the total acreage of a parcel. For instance, if the code requires a minimum lot size of 2.0 acres and the developer has a 40-acre parcel, the site will be developed with 20 residential units unless there are major site limitations. The parcel is then said to have a gross density of 20 units.

Cluster development protects open space by establishing the number of units allowed for a parcel completely independent of any minimum lot size. While the gross density requirement in the example above allows a maximum of 20 units to be developed on the 40-acre site, if lot sizes can be less than 2 acres or of variable size, some clustering of units is possible.

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Options for Use of Open SpaceThe open space created by cluster developments can be used in three ways:

. . . Exclusive use by residents (e.g., private trails, passive recreational areas)

. . . Preservation of agricultural land

. . . Protection of wildlife habitat

While open space has traditionally been used exclusively by residents, a local government can encourage the other two options through its comprehensive land use plan and subdivision ordinances. Initially, the County needs to identify the areas that are important to the community and develop goals for these areas. These goals can then be realized by establishing physical design standards and density requirements, and by using transfer-of-development rights or other incentive programs.

Ensuring Full Potential of DevelopmentThe intent of cluster development ordinances is simple: develop less land area while allowing the same number of housing units that would be permitted under standard subdivision ordinances. By allowing the same number of units or more, landowners and developers aren’t penalized financially for doing cluster development.

A yield plan or development plan is currently being used by a number of

communities to determine the maximum number of units allowed in a cluster development. The yield plan provides a conceptual sketch of a conventional subdivision based on all standard criteria (setbacks, width, lot size, etc.). The result is the maximum number of units allowed on the parcel (its gross density). Some communities do not specifically require a yield plan, basing the maximum number of units instead on the net developable land as determined by performance standards.

Mandatory Versus Voluntary Cluster DevelopmentSome communities mandate cluster development. In such instances, developers must meet the cluster ordinance criteria. However, many communities offer voluntary cluster ordinances, allowing the developer to choose between a standard subdivision or a cluster development.

In voluntary cluster development cases, communities usually provide developers with incentives to apply clustering. One common incentive, density bonuses, automatically provides developers with a number of additional units if they decide on a cluster development. These bonuses can also be discretionary, with the number of additional units based on the subdivision design. If the community chooses to have discretionary density bonuses, they need to be based on predetermined performance

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standards and incorporated into the community’s comprehensive plan.

Protection of Water ResourcesCluster development may offer many other advantages to the County, developer and prospective homeowner. The use of rural technologies for stormwater management, for example, can avoid expensive curbs, gutters and storm sewers. Instead, the development’s stormwater management system can be more responsive to the land’s environmental constraints. And wastewater treatment systems can incorporate technologies that ensure that systems are sited appropriately and that individual sewage treatment systems are avoided.

Stormwater ManagementThe design of stormwater management systems in cluster developments seeks to maximize overland flow and combine the use of plants and landforms to slow, hold, and treat runoff from new development.

Wastewater ManagementMany options are available to treat wastewater from a cluster of homes, including community drainfields, irrigation systems, and package plants. These options all have the potential to reduce infrastructure investment and allow systems to be located on sites that minimize adverse environmental impact.

The Local Adoption and Approval ProcessThe local approval process for cluster development must be consistent with local comprehensive plans and ordinances and must satisfy the permit process for rural technologies.

Cluster developments generally follow the same review and approval process that traditional subdivisions do. This process is characterized by a preliminary and final plat review process that takes place at public hearings and planning and zoning board meetings. Typically, for a cluster development, the developer and the planning commission’s staff hold a pre-application meeting. This informal meeting is used to review the proposed concept to identify any conflicts before the developer submits a formal application. The pre-application meeting incorporates much-needed flexibility into the approval process by allowing everyone to evaluate a development’s impact while ensuring it stays consistent with a community’s goals.

Many local permit processes have not been revised to give developers—who must undertake additional financial risk associated with new technologies—the flexibility they need. This lack of revisions has been the main difficulty in encouraging developers to use community wastewater treatment facilities and more complex storm water management technologies.

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Many developers, anticipating greater costs and disapproval of new methods, simply opt for more traditional systems.

Management of Common ResourcesClustering housing leaves the majority of a new development as open, shared space, mutually owned and managed. In a cluster development, that management involves controlling, directing, and handling all resources held in common by individual homeowners. These include, but are not limited to, open space, wastewater treatment systems, and storm water management facilities.

Many cluster development ordinances mandate the establishment of a homeowners association (HOA) to manage the common open space. Set up by the developer, who may remain a member until all or a specified number of units are sold, the HOA is then responsible for all management responsibilities and capital improvements.

In developments with many common resources, the developer may want to explore an alternative to an HOA. Several management options have emerged that replace or supplement HOA responsibilities.

transition areasSibley County will see moderate growth over the next 20 years facilitating the need for more land for city expansion. City or urban development is the most efficient form of development and expansion areas need to be planned for carefully. This plan is recommending that most growth be directed toward the cities in order to preserve agricultural land and natural resources.

In order to accommodate growth pressure, cities will need to annex land and provide municipal services to this land. The County is not advocating more annexation than is needed to accommodate a reasonable amount of growth. The purpose in establishing the transition area is to properly manage the land at the urban/rural fringe. Management of these areas consists of identifying and designating areas to economically and efficiently accommodate growth pressures. The proper management of these areas will avoid premature annexation, prohibit large lot residential development that would make provision of municipal services unnecessarily expensive, and limit the possibility of incompatible future land uses.

Many cities in Sibley County have already completed or are in the process of developing their comprehensive plans to guide the use of land and the installation

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of utilities in the future. As part of the comprehensive planning process, the cities have analyzed their land use requirements and public utility systems needed to serve projected growth.

This plan includes areas that are designated “Transition Areas” because of the need to accommodate a reasonable amount of future growth for cities. Sibley County will manage these lands in accordance with the policies set forth in this section. Coordination between the County, townships, and cities is encouraged and can alleviate potential problems and allow efficient urbanization at the proper pace.

From the city’s perspective, in general, no new development should occur in these transition areas except as part of the annexation process. Alternatively, some limited development may be possible if a plan is submitted and approved by a joint planning board or other appropriate mechanism that includes input from the Township, City and the County. Such a plan would have to show in detail how the larger tract could be re-subdivided into urban-sized lots when sewer and water services become available and if the houses are appropriately located on the smaller, future lots. In order to justify such regulations, cities have an obligation to annex land only when municipal sewer and water services (and all urban services)

are ready to be provided soon. Further, cities should be responsible to limit the need for extensive land areas by requiring urban densities such as residential densities of approximately three units per acre or higher.

Transition Area GoalProvide for the efficient urbanization and the economical extension of public services to developing areas.

ObjectivesDefine realistic areas cities can • efficiently service for future expansion within the time frame of this Plan.

Avoid premature annexation.•

Manage expansion areas - prohibit • large lot residential and land uses not compatible with future use.

Limited opportunities for landowners • in the Transition Area who so desire to develop their land in a manner that will not be a detriment to future urban growth and associated municipal utilities.

Policy: Designation of Transition AreasLands that can be demonstrated within a city’s comprehensive plan as realistically ready for municipal services and development by 2030 will typically be placed in the Transition Area. The County has reviewed adopted plans, past trends and sewer availability when designating these areas.

64 land use Plan

Policy: Level of ServiceThe level of service in transition areas should remain the same as the rest of the rural area in the Township until such time as the land is annexed into a municipality.

Policy: ManagementThe Transition Areas shall be managed to accommodate urbanization in accordance with the comprehensive plan of the affected city. Ideally, the City and affected Township will adopt detailed orderly annexation agreements for these areas that will specify land use policies and plans. The following suggestions are recommended for consideration in the development of such agreements.

Large lot and other rural development • patterns should be avoided. If such development is allowed prior to annexation, it should only be allowed subject to a thorough review of specific plans for redevelopment when urban services are available.

Annexed areas should be developed • as soon as possible. New annexations should not be allowed if there is a significant inventory of annexed land that has not yet been provided with services or developed.

Stormwater planning and related • water management planning should be completed in Transition Areas prior to the beginning of development.

New animal agriculture operations will • be prohibited within Transition Areas and expanded animal agricultural operations will be restricted.

Cities should develop concrete plans • to address existing rural subdivisions that will be surrounded by urban expansion, so that residents can gain an insight into the plans and costs for providing urban services as they face eventual annexation.

The county, cities, and townships • should look to cooperatively use right-of-way for trunk sewer lines, water lines, etc.

65land use Plan

Designation of City of Arlington Transition AreaThis plan recommends a transition area around the city of Arlington. There have been ongoing discussions between the city of Arlington, Sibley County, and Arlington Township regarding annexation and growth around the city of Arlington with specific discussions regarding Seneca Food’s.

The city of Arlington will have land use authority within the transition area, which also coincides with the Orderly Annexation Area (OAA) that is in place between the City of Arlington and Arlington Township. The City of Arlington will handle all land use permits, applications, etc in the Transition Area. The fact that these properties are located within an OAA should be recorded against the property to ensure current and future property owners understand the City of Arlington has land use authority within the OAA. The Orderly Annexation Agreement between the City of Arlington and Arlington Township should be amended to indicate that the City of Arlington has land use control in this area. This is the same situation the City of Gaylord has within its Transition Area.

GREEN ISLE

ARLINGTON

GAYLORD

25

5

19

Belle Plaine

N e w A u b u r n T w pN e w A u b u r n T w p G r e e n I s l e T w pG r e e n I s l e T w p W a s h i n g t o nW a s h i n g t o nL a k e T w pL a k e T w p

F a x o n T w pF a x o n T w p

D r y d e n T w pD r y d e n T w p

A r l i n g t o n T w pA r l i n g t o n T w p J e s s e n l a n d T w pJ e s s e n l a n d T w p

S i b l e y T w pS i b l e y T w p K e l s o T w pK e l s o T w p H e n d e r s o n T w pH e n d e r s o n T w p

Map

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umen

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7/20

09 --

12:

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0 1.50.75Miles

1" = 1.5 miles

FUTURE LAND USE MAPSIBLEY COUNTY COMPREHENSIVE PLAN

LegendSTREAMS

LAKES

CITY LIMITS

TRANSITION AREAS

Future Land UseAGRICULTURAL

CONSERVATION

FLOODPLAIN

HIGHWAY SERVICE DISTRICT

INDUSTRIAL

SUBURBAN RESIDENTIAL DISTRICT

SOURCES:MNDOT, MNDNR, LMIC, SIBLEY COUNTY

GREEN ISLE

ARLINGTON

GAYLORD

25

5

19

Belle Plaine

N e w A u b u r n T w pN e w A u b u r n T w p G r e e n I s l e T w pG r e e n I s l e T w p W a s h i n g t o nW a s h i n g t o nL a k e T w pL a k e T w p

F a x o n T w pF a x o n T w p

D r y d e n T w pD r y d e n T w p

A r l i n g t o n T w pA r l i n g t o n T w p J e s s e n l a n d T w pJ e s s e n l a n d T w p

S i b l e y T w pS i b l e y T w p K e l s o T w pK e l s o T w p H e n d e r s o n T w pH e n d e r s o n T w p

Map

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MX

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re L

and

use.

mxd

)7/

7/20

09 --

12:

58:2

5 PM

0 1.50.75Miles

1" = 1.5 miles

FUTURE LAND USE MAPSIBLEY COUNTY COMPREHENSIVE PLAN

LegendSTREAMS

LAKES

CITY LIMITS

TRANSITION AREAS

Future Land UseAGRICULTURAL

CONSERVATION

FLOODPLAIN

HIGHWAY SERVICE DISTRICT

INDUSTRIAL

SUBURBAN RESIDENTIAL DISTRICT

SOURCES:MNDOT, MNDNR, LMIC, SIBLEY COUNTY

66 land use Plan

Land Use Recommendations4.4 transfer of Building eligibilitiesBuilding eligibilities deriving from the 1 per 40 Agriculture Density may be transferred from one parcel to another. The transfer should be only between adjacent parcels. Parcels separated by a public road, railroad, or similar right-of-way, or touching at a point, would typically be considered to be adjacent parcels. These eligibilities should be tracked by the Environmental Services office. Once an eligibility is transferred, the sending parcel no longer has any building eligibilities remaining. The eligibility transfers should be tracked by environmental services and should be recorded against both the sending parcel and receiving parcel.

It should also be noted that a landowner does not have to own 40 acres to build a residential structure in the Agricultural Zoning District. Each 40 acre parcel has one building eligibility and these eligibilities are tracked by the County Environmental Services Office. The minimum lot size is five (5) acres. For example, a landowner could buy 5 acres of property and build a home in the Agricultural District that has 1 per 40 acre zoning, however the building eligibility for the entire 40 acre parcel that the 5 acre lot is located on is now used up and cannot be further subdivided.

Building of Residential structures by RightCurrently, all new home on new site residential development done in the County must be done under a conditional use permit (C.U.P.). During the Comprehensive Planning process it was discussed that new home on new site residential development should be allowed by right in accordance with the rules of the applicable zoning district. The original reason for having residential uses under a C.U.P. was to make sure that land owners and future land owners were aware that there are agriculture noises, smells, dust, etc that occur within the County. This was done by recording this information onto the property deed.

The C.U.P. process was looked at by some as a cumbersome process for applicants. When residential building activity is high, County staff spends a significant amount of time working on C.U.P.’s that are ultimately approved in the end with very few conditions.

This Plan suggests that the information that was recorded with the deed be placed into the ordinance language and be part of the typical permit process required when building a new residential structure.

67land use Plan

The following items should be inserted as part of the zoning ordinance language, as well as the building permit information related to constructing a residential structure within the county.

Residential structures built in • Sibley County may be in or near an agricultural area and the applicant should be aware of the odors, dirt, noises, and hours of operation associated with agricultural activities.

Residential structures built in Sibley • County have a two-year time limit to have the home substantially completed, which includes but is not to limited to having an activated septic system, a working well, and a completed home exterior.

Residential structures built in Sibley • County need to have enough room for two septic systems, unless the home is connected to a community septic system.

Residential structures built in Sibley • County need to meet all setbacks for dwellings and out buildings.

Residential structures and the • associated parcel are not allowed to have further subdividing for the purpose of additional dwellings or for any other reason.

RezoningRezoning of property should be guided by the Comprehensive Plan and the policy set forth in the Comprehensive Plan. The following criteria should be considered when looking at rezoning of a parcel of land.

The rezoning is consistent with the • goals and objectives or other elements of the Sibley County Comprehensive Plan.

The rezoning does not create an • adverse impact on public facilities and services that cannot be mitigated. Public facilities include roads, sewers, drainage, schools, police, fire, and parks.

Development resulting from the • rezoning does not create an undue impact on surrounding properties. Such development should be consistent with the physical character of the surrounding area.

The rezoning does not have a significant • adverse impact on the natural environment including trees, slopes, and groundwater, or the impact could be mitigated by improvements on the site.

There is a change in County policies • or the characteristics of the area that would justify a rezoning.

The Township’s position on the • rezoning should be considered.

68 land use Plan

aggregate MiningAggregates and gravel are used as base materials under foundations and roads. Although they are basic, low-value natural resources, the availability of gravel and construction aggregate is essential to the construction industry, and consequently, economic growth. A major challenge associated with their production is the cost of transportation. Because aggregate and gravel are low-value materials, the net cost of production rises quickly when accounting for transportation costs. Although local market conditions vary, it is generally not cost-effective to haul aggregate more than 20 miles from its mining site.

Many localities nationwide have already experienced shortages of construction aggregate. The ultimate reason for this is urbanization, which on the one hand increases the demand for construction aggregates, and on the other, tends to remove aggregate-bearing lands from production through land development and zoning decisions that preclude mining. When sources of aggregate are eliminated locally, and become more remote from places of need, the costs of construction rise significantly. In high growth areas with rising land values, this creates land use conflict between the development and mining industries. Often these interdependent industries compete for use of the same land.

State law requires the County to incorporate aggregate resources and their protection into land use planning. Section 84.94, Aggregate Planning and Protection, states that the purpose of this law is to “protect aggregate resources; to promote orderly and environmentally sound development; to spread the burden of development; and to introduce aggregate resource protection into local comprehensive planning and land use controls.”

A more detailed aggregate study will be completed by the Minnesota Department of Natural Resources (MnDNR) in the next few years (2010-2012). Such a study will provide more detailed information for the specific gravel areas within the County and will provide more detailed information for the County, landowners, and aggregate operators as aggregate mining continues in the future.

69land use Plan

Aggregate Resource Protection in Minnesota (State Law Overview)In 1984, Minnesota Statute 84.94 was enacted to protect aggregate resources; to promote orderly and environmentally sound development; to spread the burden of development; and to introduce aggregate resources protection into local comprehensive planning and land use controls. The legislation initiated county-level identification and characterization of aggregate resources and directed county planning authorities to use the information to consider the protection of identified aggregate resources in their planning decisions.

In 1998, the Minnesota Legislature created the “Aggregate Resources Task Force” to examine issues concerning the need for and use of the state’s aggregate resources. The Task Force’s Final Report (Aggregate Resources Task Force, 2000) made a number of recommendations designed to facilitate the task of extracting aggregate resources. The actions recommended are typical of those used for sustainable resource management and include:

Best Management Practices1.

Reclamation Standards2.

Mine Planning Permits3.

Native Prairie Conservation4.

Aggregate Planning and Protection5.

Registration of Commercial Aggregate 6. Deposits with MnDNR

Aggregate Resource Mapping7.

Leasing of Aggregate Reserves by 8. MnDOT

Compensating host communities9.

Incentives for recycling 10.

Encouraging transportation of 11. aggregates by bulk carriers.

Aggregate Mining PoliciesAggregate Resource Policy 1: Land Use ConflictsBuildings and other structures are strongly discouraged from locating upon known aggregate areas.

Aggregate Resource Policy 2: ReclamationReclamation plans for new mining are required to be submitted to the County that address how the gravel pit will be reclaimed when it is closed. County regulations should be reviewed and enhanced to require more detailed end use plans, financial requirements (such as escrow or bonding) to ensure reclamation, and updated standards for screening and environmental protection.

70 land use Plan

Aggregate Resource Policy 3: TimeframeA timeframe of how long the pit will be active should be submitted to the County so the County can properly plan for when the gravel pit may be reclaimed. Many current mines have little or no incentive to finish mining and close the pit.

Aggregate Resource Policy 4: Nuisance MitigationWhen a gravel pit is proposed a nuisance mitigation plan should be submitted to the County that addresses how any nuisances to adjacent properties will be addressed. Such a plan should identify neighbors and neighboring land uses, the potential for impacts and the nature of the impacts foreseen, and proposals to mitigate any such impacts. Such a plan should be available for review by nearby property owners and residents before and during the County’s review of any mining proposal.

application ChecklistsThe following checklists are currently used and should be used in the future and refined as necessary. Having a checklist allows applicants, County Staff, and Officials to know exactly what is required prior to a land use permit being issued. The following checklists are currently in place.

Guidelines for Permitting •

Guidelines for Platting •

Sibl

ey C

ount

y En

viro

nmen

tal S

ervi

ces

400

Cou

rt A

ve. –

Cou

rtho

use

Gay

lord

, MN

553

34

507-

237-

4091

Gui

delin

es fo

r Per

mitt

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in S

ible

y C

ount

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udes

new

hom

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w s

ite; t

empo

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oper

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or G

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o to

th

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t to

get a

per

mit

and

then

com

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the

Cou

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Env

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offic

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wns

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(507

) 248

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new

site

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ear a

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ricul

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hour

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appl

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unty

alo

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notif

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of th

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onth

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ach

perm

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vis

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kend

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Cou

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akes

fina

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rova

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ondi

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l Use

Per

mit

is $

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new

hom

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he L

and

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per

mit

is $

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re

is a

lso

a re

cord

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fee

of $

46.

11

. Th

e sa

me

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crea

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so h

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viro

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tal S

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rt A

ve. –

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rtho

use

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lord

, MN

553

34

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4091

Gu

idel

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in P

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bdiv

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ty in

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of t

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tow

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sted

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ow, y

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eed

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them

firs

t and

get

ne

cess

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perm

its (o

ne a

t a ti

me)

and

then

com

e to

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ley

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nty

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ssen

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so T

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hy P

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etch

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or e

ach

perm

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et th

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hip

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igna

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add

ition

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te a

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eder

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ded.

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ach

perm

it re

ques

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ith th

e “T

owns

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ifica

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form

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be

subm

itted

to

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ironm

enta

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vice

s of

fice

by th

e 15

th o

f the

mon

th.

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r eac

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rmit

requ

est,

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te v

isit

will

be

cond

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iday

bef

ore

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Z H

earin

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the

1st M

onda

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if a

hol

iday

wee

kend

on

the

Frid

ay b

efor

e 2nd

Mon

day

(hea

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0 pl

us $

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cord

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C

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Rat

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equ

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57

or le

ss n

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fee

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quire

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Fin

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APr

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tive

Cov

enan

ts is

pre

pare

d fo

r the

sub

divi

sion

. R

ev. J

uly

11, 2

006

73land use Plan

assessment of Future 4.5 ConditionsThe use of land is the most important factor in managing the future growth of any community. Land use trends indicate what changes are occurring regarding type, location, and intensity of land uses over time. It is these changes that have to be managed in a manner that is beneficial to area residents and the environment.

Early in the planning process community input was sought by the Planning Commission and County Board. The Planning Commission and County Board also gave input into the planning process. A series of goals and objectives were developed which provided the direction for development of a desirable future land use scenario. These tools were utilized in conjunction with an analysis of existing trends, public input,

transportation facilities, environmental assets, public infrastructure, and economic forces to determine the appropriate level and locations for future growth and development.

Future land use activities and their resulting change to the landscape over the next 20-year period are difficult to predict. Changes in the local or national economy, housing prices, gas prices, and commodity prices are some of the factors that will influence how land use activities may change in the future. The following table breaks down the future land use map by category and provides acreages for each category.

Table 4-2 Forecast Future Land Area by Land Use Classification

Land Use Type Total AcresPercent of

Total AcresAgriculture 318,044 89.0%

Conservation 27,059 7.6%Floodplain 5,994 1.7%

Highway Service 5 <1%Industrial 233 <1%

Suburban Residential 792 <1%Transition Area 3,463 <1%

Total 386,480 100%

74 land use Plan

Future Land Use MapA map depicting future land use has been developed based on existing and future land use assumptions, a review of demographic and background data, trends in land use over the past several years, and the community’s desires for future development (Map 4-2). This future land use map is intended to serve as a guide to the Planning Commission and County Board in matters concerning land use activities. As a decision-making tool it is important that it be regarded as general in nature and should not be used for site-specific decisions. It is for this reason that only general locations for various land uses are shown on the map.

The Future Land Use Map is a planning tool for Sibley County. County appointed and elected officials should use the plan maps as a guide for making future land use decisions. Furthermore, developers, land owners and residents should understand the future land use map is intended to direct development to certain areas where facilities and services are available and where land uses are compatible with one another.

Implementation4.6 Purpose/IntroductionThis Comprehensive Plan is a dynamic community vision to guide public decision making, shape the physical changes to the county, and target investments to enhance the quality of life in Sibley County. Sibley County officials and its citizens have spent a great deal of time and energy assembling this Comprehensive Plan. It contains a series of goals and policies that are intended to help the county attain its collective vision and meet the guiding principles that were crafted at the beginning of the planning process; however, the Comprehensive Plan will not have its intended impact unless its goals and policies are implemented. The implementation program should be both a detailed planning and a budgeting tool.

The purpose of this section is to identify the categories of specific actions that are needed, and to recommend the next procedural step in creating the implementation program.

75land use Plan

Zoning ordinance amendment B. to allow for cluster/conservation subdivisions.

Zoning ordinance amendment C. to allow for transfer of building eligibilities as outlined in this plan.

Public ditch ordinance that D. provides for adequate buffers and incorporates Best Management Practices.

Continue to consider Adoption E. of the Minnesota State Building Code to apply to construction in the County. Agricultural uses could be exempt from the building code. The County would also need to finance the staff and/or contract with a company to administer the building code.

The Comprehensive Plan presents a bold but realistic vision for Sibley County’s future. Regardless of the specific actions that the County will take to implement the Plan, the County must always keep in mind the vision of Plan and make decisions accordingly. A strong commitment to implementing the Plan will ensure that Sibley County’s future will be shaped by the community’s collective will and its commonly held vision.

ordinance and Code amendmentsThe Land Use chapter of this Plan should be examined to determine whether amendments to the “official controls,” are required to carry out its intent. This would include reviewing the zoning and subdivision regulations that the City uses to regulate land use and establish standards for development. Amendments to official controls may include amendments to the text of the Zoning Ordinance that affect the County as a whole, or may affect specific areas of the County. The following items should be considered as ordinance and code amendments:

Zoning ordinance amendment to A. address new home on new site being allowed without a Conditional Use Permit Process.

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