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Home My WebLink About(5) Open SpaceOPEN SPACE DESIGN FOR HEALTH University of Minnesota I August 2007 Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances • Version 2.0 DESIGN FOR HEALTH is a collaboration between the University of Minnesota and Blue Cross and Blue Shield of Minnesota that serves to bridge the gap between the emerging research base on community design and healthy living with the every-day realities of local government planning. UNIVERSITY OF MINNESOTA • Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances Design for Health www.desig nforhealth. net © 2007 University of Minnesota Permission is granted for nonprofit education purposes for reproduction of all or part of written material or images, except that reprinted with permission from other sources. Ac- knowledgment is required and the Design for Health project requests two copies of any material thus produced. The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, or sexual orientation. Design for Health is collaboration between the University of Minnesota and Blue Cross and Blue Shield of Minnesota. The following people were involved in the development of the Information Sheet Series: Series Editor: Dr. Carissa Schively Contributors: Dr. Ann Forsyth, Dr. Kevin Krizek, Dr. Carissa Schively, Laura Baum, Amanda Johnson, Aly Pennucci, Copy Editor: Bonnie Hayskar Layout Designers: Anna Christiansen, Tom Hilde, Kristen Raab, Jorge Salcedo, Katie Thering, Luke Van Sistine Website Managers: Whitney Parks, Joanne Richardson Thanks to Active Living by Design for helpful comments. Suggested Citation: Design for Health. 2007. Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances. Version 2.0. www. designforhealth. net • Design for Health 2 (.1NiY$It9ITY t}F .!V~I13A1ESQTA www.desig nforhealt h. net Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances Overview The Design for Health's Planning Information Sheets series provides planners with useful information about opportunities to address important health issues through the comprehensive planning process and plan implementation.. The series addresses a range of health. issues that are relevant to .many communities and can be efficiently and effectively integrated into local plans and policies. This information sheet provides insights for planners in understanding ho~v mental health relates to the built environment and points to innovative approaches to planning for mental health. Key P©~nts • Research consistently shows that direct contact with nature leads to increased mental health and psychological development. This. is an areas where planners have influence particularly since depression and other mental health disorders are accounting fvr a larger share of health problems. • Positive impacts un mental health'~nly' require viewing "a little bit of green."'As a result, parks are not a focus of this particular information sheet, even though they have benefits related to other aspects of health, such as air quality, water quality and physical activity. • Social capital or social networks are also related to mental health. Different kinds of environments seem to foster different kinds of social capital (e.g., trust is high in one kind of environment and political participative in another). The issues sheet on social capital gives ideas for creating a range of such environments. • Key issue areas that planners can consider as they begin to address mental health through. the planning process include providing small amounts of green. Strategies include promoting landscape-design guidelines; developing urban-forestry master plans; instituting zoning ordinances that protect, support and maintain green within the public realm; and revising the development review processes to consider sightlines from development projects. • Mental'health may he addressed in comprehensive_planning in many ways. Approaches include integrating it into traditionally required elements, such as, environmental resources and parks and open space, as'well a~ optional elements,such as public realm and public health. Mental health might also be addressed in supplemental plans, including urban-forestry master plans- and comprehensive tree plans. • Mental'health is not an isolated issue; rather, it is tied to many: ather health topics covered in the DFH' materials. For more informatio>Z see the table on the next page. Understanding the Relationships between Mental Health and Planning As underscored in Design for Health's Key Question Series, green space or "nature" has been. studied to explain its restorative effects on mental health and psychological development, and to show how it helps people recover from stress, deal with future stress and recover from illness and injury (Ulrich 1984; Parsons 1991; Ulrich et al. 1991}. Understanding the relationship between the built environment and mental health is important, because depression and other psychological disorders are predicted to account for a large share of rising health-care costs (Nlaller et al. 2005). For planners, the existing research. provides insights related to designing landscapes, the public realm, roads, and parks. Before turning to recommended approaches for integrating mental-health considerations into local plans and ordinances, it is important to provide a few key points for thinking about how mental health relates to the built environment. • • --- -- Design for Health 3 www.desig nforhealth. net UIVIVERSTfi Y £~F .MINNES©TA Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances Design for Health Planning Information Sheets addressing Mental Health DFH Planning Information Topics covered related to Link: Sheet: accessibility: Influencing Mental Health ^ Seeing a little bit of green http://www.designforhealih.net/ with Comprehensive 'Maintaining natural spaces techassistanceimentalheaithissue. Planning and Ordinances ^ Integrating nature into html communities ^ Traffic calming Considering Safety through ^ Shared streets htt~:/lwww.desi ~a~forhealth.net! Comprehensive Planning ^ Streetscape-design guidelines techassistance/safetvissue.html and Ordinances ^ Pedestrian. plans ^ CPTED Promoting Accessibility ' 1Vlultimodal transportation. systems http:(iwww.desi~~nforhealth.net/ with Comprehensive 'Transit planning techassistance/Accessibilitv.htm Planning and Ordinances ^ Specialized. populations Supporting Physical httF://w«~w.designforhea(th. Activity through ^ Pedestrian and bicycle plans net/techassistance/ Comprehensive Planning • Community design Fhvsicalactivityissue.html and Ordinances Seeing A Little Bit of Green Studies consistently show that people do not have to actively use nature to benefit from it; rather, visual exposure is enough (Kaplan and Kaplan 1989). In other words, people can encounter nature not only by being in it, but by seeing it. A worker in an office building who can see a small tree-lined public plaza from their window, for example, may experience internal physiological changes, which lead to decreased levels of stress (Ulrich 7.997.; Moore 198].; Parsons et al. 1998; Tennessen and Cimprich 1995; Kaplan and Kaplan 1989). Moreover, positive effects of mental health only require a little bit of green (Kuo et al. 1998, 45). People do not have to be in a secluded area in a large .mul i-acre park, for example, to experience changes in mental health; rather a much smaller area can do the job (Kuo et al. 1998). This is important for planners who must balance their responsibility of increasing the number of health-related opportunities for their residents with limited public funds. Maintaining Natural Spaces Maintenance is important for users across all demographics (Talbot and Kaplan 1984; Talbot and Kaplan 1993; Forsyth and Musacch.io 2005), which means that planners should prioritize the maintenance of these green spaces in addition to design and implementation. Maintained ground covers, for example, such as lawn or other neat plantings, along with. water, large trees with dense upper canopies that don't obstruct eye levels, and lack of urban noise, are preferred by a wide number of people (Ulrich. 7.984; Schroeder 1989; Lobster 1994; Ulrich 1991; Forsyth and Musacchio 2005). There are differences, however, among groups, with some people preferring highly-maintained areas and others a wilder look. t • • Design for Health 4 UNIVFRSITYt7I:1VlINNESOTA ww w.designfo rhealth.net Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances Integrating Nature into Communities It is, thus, impvrtant to consider that different groups of people have differing views of what constitutes nature in the built environment, with variation by education level, age, ethnicity, profession, residential location, etc. (Forsyth. and Musacchio 2005). Ecologists, for example, see disorderly aspects of parks or natural areas to be positive signs of a natural habitat; however, such characteristics as fallen trees or overgrown vegetation are seen by the public as unsafe (Linderuneyer and Franklin 2002; Bixler and Floyd 1997; Forsyth and Musacchio 2005). Another research. shady surveyed 900 Black, Latino, Asian, and white people about park management at Lincoln Park, Chicago, in order to identify certain attributes preferred by different racial and ethnic groups. In this study, "Asians mentioned the park's scenic beauty more often than other groups, Latinos the cool refreshing "lake effect," and whites the trees and other park vegetation.. Blacks said less about the natural environment; they instead focused on facilities and maintenatue aspects, park activities, the zoo, and sports orientation" (Lobster 2002, 151). With these conflicts in mind, designers recommend strategies t11at, "set expected characteristics of landscape beauty and care side by side with characteristics of ecological health" (Nassauer 1.992, 248; Forsyth. and Musacchio 2005, 37). Research also finds that people prefer natural (i.e., green) environments to urban ones; however, these studies have typically contrasted unvegetated complex urban scenes with more tranquil natural ones (Parsons 1991; Newell 1997; Herzog et al. 2000). It seems people prefer scenes that are moderately complex, and scenes of greenery have that character. It is impvrtant to think about the different users/viewers of green in terms of what is seen as natural and how they respond. Planning for Mental Health This section outlines approaches that communities can use to plan for and to implement ordinances that will create opportunities to positively affect mental health.. Because mental health only requires a limited amount of green space, we focus specifically on landscape-design standards, master plans, tree-related ordinances, and site-plan review standards, which have the potential to strengthen the relationship between mental health and the built environment. Importance of Seeing a Little Bit of Green As mentioned above, people do not need to actively engage with nahire nor do they need large quantities of green to benefit; rather, all they need is to visually connect with small amounts of green. In this context, a planner's toolkit is flexible in terms of how to develop policy and build implementation techniques to create opportunities to expose people-both outdoors and indoors-to natural experiences where they ca.n escape, recover and rejuvenate. Here, we list a few examples that planners can use to inform efforts to link mental health and the built environment. 1rlN€VERSITX 4F l1~INNESOTA • • • Design for Health www.desig nfo rhealth. net Trees can be inserted into central city landscapes. This example is from central Tokyo, Japan Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances A parks and open-space element of a comprehensive plan might be a first place where planners identify opportunities to address mental health. Since these elements are typically focused on providing large, formal spaces for organized activities,llowever, there maybe other venues for planners to consider that more effectively address some of the built-environment and green-space issues identified in the mental-health research. Batavia, Illinois, a small western suburb of Chicago with a population of 26,000 people, for example, has an urban-design element within its comprehensive plan that looks at landscaping, design review, downtown character, and community spaces. One goal is to "use landscaping to soften new development, screen unattractive elements, minimize heat gain, and to provide relief from urbanization" (City of Batavia 2006, 3). Policies include planting large trees to buffer parking lots and unattractive uses, and requiring developers to focus on vegetation and shade when designing outdoor spaces. Policies also look at how buildings are viewed from all sides instead of just the front entrance. While this element does not explicitly link mental health to its policies and objectives, it provides indirect connections by prioritizing the visual experience of its residents and visitors who briefly see small bits of green from the streets, windows and other parts of the public and private realms. The absence of green is particularly heightened. in areas that have large expanses of concrete and asphalt, including parking lots, structured parking anal on. street parking. Reducing these areas can provide a great opportunity to link health and plarvling. To combat this problem, planners can turn to landscape-design standards or specific zoning codes to help lessen the "concrete jungle." The State of Maryland., for example, provides a series of best practices for parking facilities (State of Maryland (undated), 19): • For facilities placed to the front or side of buildings, there are various ways to screen parked cars from street-level activity, providing the necessary parking without overly compromising urban. design.. • When a parking lot abuts a public street, the parked cars should be screened from public- street frontage to obscure a majority of the parked cars. • Landscaping on the periphery of a parking facility and within parking areas can be used to soften the appearance of a parking facility from the street. Expanses of parking should be broken up with landscaped islands and planted strips, which. include shade trees and. shrubs Landscaping can provide shade and green views, and help create a diverse and enjoyable urban environment by breaking up the monotony of parking areas. These recommendations illustrate how using green as a buffer and improving the sightlines for different groups of users near parking infrastruchire and facilities can. be used o link design with mental health. The State of Colorado (2002) created a series of model local ordinances to link the efficient use of water with protecting the comm.unity's environmental, economic, recreational, and aesthetic resources. One of the model ordinances recommends providing tree-lined streets in urban areas; anchoring new buildings in the landscape; and providing tree canopies within paved areas, maximizing their interconnectivity within the site to natural and. landscaped areas in adjacent developments; enhancing functional open. space • Design for Health www.designforhealth.net UIVIVI'iRSITY €3F MINNESOTA Street trees,planters and other landscaping can provide "nature" in an urban setting Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances through the creation of outdoor rooms within the development; and preserving and framing views both .inao and. out of the neighborhood. While the focus of this ordinance is water efficiency, there are elements within. it that can be used to draw out the links to mental health, because of the emphasis on trees and views within the public realm. Sydney, Australia, has a tree master plan that is another exarnpl.e of a policy tool that can. be used. to make this connection. Some of the objectives for street planting underscore a restorative connection (City of Sydney 2004, A-2} include: • improve environmental comfort as street-tree canopies diminish traffic noise; • screen. unwanted views and reduce glare; • provide a human scale that contrasts with the towers that dominate some city streets; and • provide a link to nature and a source of delight. Tlus master plan, while focusing specifically on trees, is comprehensive in its approach and in looking not only at the parks and open-space aspects of natural environments, but also the varying ways to introduce nature into urban environments. Maintaining Natural Spaces In addition to focusing on making sure that green views exist for a wide variety of users, planners also need to focus on how to maintain. these spaces while also balancing the ecological and human demands. Trees are preferred natural elements in urban. landscapes, but they require a significant amount of maintenance. There are a variety of tools that planners use, such as tree- related zoning ordinances and master tree plans, to plan, protect, locate, maintain, and remove trees. To inform the development of effective plans and policies for maintaining trees and green. spaces, communities may need to conduct an analysis of their green infrastructure. The City of Vancouver, Washington, for example, conducted a Regional Ecosystem Analysis of the Willamette/ Lower Columbia Region to determine how the tree canopy has changed over time. They found that the average tree cover in urban areas declined by 9 percent, from 21 percent to 1.2 percent since 1972 (City of Vancouver 2006a). Communities might also conduct such an analysis as part of an inventory and analysis for comprehensive planning. As an alternative to zoning, some communities may establish policy documents related to the maintenance of natural areas. Arlington. County, Virginia, for example, developed Standards for Planting and Preservation of Trees on Site Plan Projects. The site-plan. requirements are intended to facilitate the consideration of trees and tree protection early in the site-planning process (County of Arlington 2002). The standards document specifies a number of best practices for tree preservation, size of tree planting areas, tree size and spacing, ground cover, impacts of underground utilities and sidewalks, tree planting, and tree maintenance. Arlington County's standards are particularly tailored to trees in urban areas, including street trees. The document includes section drawings to illustrate the location of trees in the right-of-way, specifying the amount of space that is required for healthy tree growth between the curb and adjacent structures or paved areas (County o.f Arlington 2002). Specifications also are provided for planting requirements including soils, staking, use of mulch and ground cover, subsurface drainage, and the installation of decorative tree grates (County of Arlington 2002). As mentioned earlier, there is a tension between wanting to create a nahiral space and a space that people ti~ill use. In Colorado, the State's water-efficient model ordinances for landscape standards state that, "All landscape improvements shall be designed for mature landscapes and shall provide appropriate visibility for cars and pedestrians." The City of Madison, Wisconsin, (1.989) similarly states that, "Trees, plants, shntbs or vegetation which are on either public or private property and situated so that they interfere with. the free and safe use of any street or sidewalk are public nuisances. Any vegetation. which interferes with vision at • • Design for Health www.designforhealth.net U~ tv~tts~ r~ of 1vl~r~r~isso~rA Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances any intersection so as to violate Section 20.93.240 of this code also is a public nuisance." Here, the ecological concerns are subjugated, while the priority is on the human experience. Integrating Nature into Communities Many of the policies and implementation techniques listed above also speak to different ways that nature can be integrated into the communities at a variety of different scales. This section provides examples for localities to consider as they look for ways to integrate nature across the community. Here, we focus on parks and open-space plans, street-tree master plans, parking and landscape buffering, and urban forestry plans, as a way to illustrate approaches to balancing nature and development in urban communities. While the examples discussed here do not make a formal link between mental health and nature, they are effective in providing both small and large areas of green space, which responds to the needs and interests of a diverse set of users and provides both active and passive spaces across entire communities. The Parks and Recreation Department for Vancouver, for example, is in the process of developing its first urban-forestry management plan. The urban forest is identified as the combination of trees, shrubs and other types of vegetative in parks, along streets, in yards, on empty lots, and in urban natural areas. The plan is extensive in its preparation and development strategies, because it combines current research, the City's existing tree-related policies, nationally-recognized best-management practices, and a public participative element (City of Vancouver 2006b). While the plan is not complete, there is additional language on the City of Vancouver's Urban Forestry Web site that discusses some of the benefits of trees, including that trees: • can reduce ambient noise levels by about half • are beautiful. They soften the hard edges of buildings and streets, making the ~~ry a mere pleasant place to be for residents and tourists alike; • can screen unwanted views, create privacy and give a space a sense of place; and • are also good for people's psyches. Hospital patients recover faster when they have a view of trees. Big, strong, old trees have a reassuring sense of endurance. Studies have shown that brief encounters wiah nature can improve people's capacity to concentrate. Another study found that people who saw nature regularly during their workday reported higher job and life satisfaction and less illness (2006c). Other noted benefits relate to economic development, environmental health and safety (City of Vancouver 2006c). The clear connection that this language makes to mental health, noting that trees are "good for people's psyches," is notable and not seen among other examples described in this information. sheet. The City of Sydney, Australia, uses aStreet- tree Master Plan. to focus on t11e integration of. nature into the urban environment. Sydney has a particular focus on streetscapes, and it is part of the overall environmental initiative plan to develop "environmental outcome-based objectives anal key performance indicators;" it states {City of Sydney 2006,1}: "The City of Sydney's street trees are one of our must important assets. These trees are crucial to maintaining the high quality of our public realm and provide numerous environmental, social, health and financial benefits to the City • Design for Health www.designforhealth.net 1rlNIVERSIfiY OF .MINiJES©TA Open space can provide a restorative experience, reducing stress. This park is in Booneville, Missouri. Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances and community" The master plan includes: benefits of street trees, key objectives, policy recornmen.dations, tree species selection, street- tree plans for each precinct, and technical guidelines" (City of Sydney 2004}. Furthermore, the plan has tree guidelines for three areas of concern: their dense central business district with high-rise buildings, their suburban communities (inner-city residential areas} with narrow sidewalks, and their industrial area that is comprised of. large industrial blocks with a "coarse grain network" (City of Sydney 2004). The plan includes provisions intended to reinforce and enhance the special characteristics of the three primary areas, using distinct street- tree planting and to establish green-city corridors by providing high-quality street trees (City of Sydney 2004, 1.3 ). Final Thoughts • Greenways, linear corridors of natural land used for a variety of reasons, are also another way to integrate nahtre within an urban environment. The City of Asheville, North Carolina, has a Greenway Master Plan that addresses the benefits of greenway, provides an inventory of existing conditions, specifies visions/goals/ objectives, system recommendations and design guidelines, as well as details on the cost, funding sources and maintenance issues. It is a three- phrase plan from 1998 to 2008 that is broken down into land protection, corridor master planning, design. development, and construction and development in order to combat growth that harmed opportunities for non-motorized travel. The plan targets 14 corridors for the primary greenway system that are located along natural and manmade linear corridors, which generally follow roadways, ridgetops and waterways. While the formal discussion in the plan is primarily focused on non-motorized transportation, social capital and environmental concerns, the plan does include a broader goal. to "encourage a cleaner, greener, safer, and healthier community' (City of Ashville 1998, 3). The examples provided above are helpful as communities begin to think about how to improve mental health, a key aspect of health that can be influenced by the built environment. This information sheet highlights a number of opportunities for communities to promote mental health through planning efforts and plan implementation. It is important to recognize that local conditions should be considered in determining plan content and identifying regulatory tools. Each of the examples summarized here can be modified and. tailored to the local development pattern, natural environment, climate, community preferences, market, politi.ca.l environment, and other community characteristics. • Design for Health 9 l,.lNt'1rERSITY OF 1VIINNBSOTA ww w.dasignfo rheaith.net Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances References Bixler, R.D., and M.F. Floyd. 1997. Nature is scary, disgusting and uncomfortable. Envirortrnent and Behavior. 29 (4):443-467. City of Asheville, North Carolina. 199$. Greenways master plan. http: / /www.ashevillenc. gov/parks / mastergreenways.htm. City of Batavia, Illinois. 2006. Comprehensive plan: Draft of urban design element. http: / / www.cityofbatavia.net/content/ artidefiles/ 1.643- Draft CP Urban Design Text 2006.pdf. City of Madison, Wisconsin. 1986. Code of Ordinances: Installation of Street Trees. http: / / www.municode.com /resources/ gateway. asp?pid=50000&sid=49. City of Sydney, Australia. 2004. City of Sydney street tree master plan 2004. http: / /www. cityofsydneynsw.gov au/Council /documents/ polici.es/StreetTreeManagement/StreetTreeM. a.na gementPolicy/ MasterplanVolume3PartA.pdf. .2006. Environment: Tree management, street trees. http:/ /www.cityofsydney.nsw.gov. au/ Environment/TreeManagement/StreetTrees. asp. City of Vancouver, Washington. 2006a. Urban. forestry: Urban tree canopy. http: J /www. cityofvancouver.us /parks-recreation /parks_ trails/urban_forestry/tree_canopy.htm. No date for last update. . 2006b. Vancouver municipal code: Title 12, trees and vegetation. http: / /www. ci.vancouver.wa.us / MunicipalCode.asp?me nuid=10462&submenuID=10478&title=title_ 12&chapter=04&V MC=01.O.htm1. . 2006c. Urban forestry: Benefits. http: / / www.cityofvancouver.us/porks-recreation/ parks_trails/urban_forestry/benefits.htm. No date for last update. County of Arlington, Virginia. 2002. Standards for Planting and Preservation of Trees on Site Plan Projects. http://www.arli.ngtonva.us/ Departments / CPHD J Planning /applications / site_plans / pdfs / final_treeplanting_061303.pdf. Forsyth, A., and L. Musacchio. 2005. Designing small parks: A manual for addressing social and ecological concerns. Hoboken, NJ: John Wiley & Sons lnc. Gobster, P. 2002. Managing urban parks for a racially and ethnically diverse clientele. Leisure Sciences 24:143-59. Gobster, P.1991. The urban. savanna: Reuniting ecological preference and function. IZestorat7on and ManagementlVotes. 12(1): 64-71. Herzog, T. R., E. J. Herbert, R. Kaplan, and C. L. Crooks. (2000) Cultural and developmental comparisons of landscape perceptions and preferences. Environment and Behaviour. 32: 323- 337. Kaplan, S. 1.995. The restorative effects of nature: Toward an integrative framework.. journal of Environmental Psychology. 16:169-82. Kaplan, R., and S. Kaplan. 1989. The experience of nahtre: A psychological perspective. Cambridge, UK: Cambridge U.ni.v Press. Kuo, F, M. Bacaicoa, and 1N. Sullivan. January 1998. Transforming Inner City Landscapes: Trees, Sense of Satety; and Preference. Enz~irvnmertt and Behavior. 30(1): 28-59. Lindenmeyer, D.B., and J.F. Franklin. 2002. Conserving forest biodiversty: A comprehensive multiscaled approach. Wahsington, DC: Island Press. Moller, C., IVI. Townsend, A. Pryor, P. Brown, and L. St. Leger. 2005. Healthy nature healthy people: Contact with nature as an upstream health promotion intervention for populations. Health Promotion International 21(1): 45-54. • • • Design for Health 10 L.1NiY8RSIfiY (~F ,MINNESOTA www.designforhealth.net Planning Information Sheet: Influencing Mental Health with Comprehensive Planning and Ordinances Moore, E. O. 1981. A prison environment's effect on health care service demands. Jo7arnai of Environmental Systems. 11:17-34. Nassauer, j. I. 1992. The appearance of ecological systems as a matter of policy. Landscape Ea~lvgy. 6: 239-250. Newell, P. B.1997. A cross cultural examination of favourite places. Envirvnment and Behavior. 29: 495-515. Parsons, R., L.G. Tassinary, R.S. Ulrich, M.R. Hebl, and M. Grossman-Alexander. 1998. The View From the Road: Implications for Stress Recovery and Immunization. Jvurnal of En.virunmental Psychology. 18: 113-140. Parsons, R. 1991. The potential influences of. environmental perception on human health. Journal of Envirvnmental Psychvlogy. 11: 1-23. . 1993. Preferences for nearby natural settings: Ethnic and age variations. Managing urban and high-use recreation settings. P. Lobster, ed. St. Paul, MN: U.S. Department of Agriculhtre, North Central Forest Experiment Station, 93-7. Tennessen, C. M. and B. Cimprich. 1995. Views to nature: effects on attentian. Journal of Environmental Psychology. 15: 77-85. Ulrich., R. S. 1.984. View through a window may influence recovery from surgery. Science. 224(4647), 420-421. Ulrich, R. S., R. F. Simons, B. D. Losito, E. Fiorito, M. A. Miles, and M. Zelson. 1991.. Stress recovery during exposure to natural and urban environments. Journal of Environrnenfal Psychology. 11:231-248. • • Schroeder, H. 1989. Environment, behavior and design. research on urban. forests. Advances in environment, behavior, and design research on urban forests. E. H. Zube and G. T. Moore, eds. Vol. 2, 89-117. Ne~v York: Putnam. State of Colorado. 200b. Water-efficient landscape design: A model landscape ordinance for Colorado's communities utilizing a water conservation-oriented. planning approach.. Colorado Department of Local Affairs, Office of Smart Growth. http:/ /www.dola.state.co.us/ dlg/ osg/does/Water%20Efficient°'o20Landscapin g jo2UDesign.pdf. State of Maryland. Undated. Driving urban environments: Smart growth parking best practices. Governor's Office of Smart Growth.. http: / / ww w.smartgrowth.state.rnd,us / pdf / Final%20Parking%20Paper.pd f. Talbot, J., and R. Kaplan. 1984. Needs and fears: The response to trees and nature in the inner city. Journal of Arboriculture. 10 (8):222-28. • Design for Health ~ 1 I.11VIV8RStTY C}F MINNESOTA. www.dasig nforhealth. net DESIGN FOR HEALTH University of Minnesota I August 2007 Key Questions: Mental Health Version 2.0 DESIGN FOR HEALTH is a collaboration between the University of Minnesota and Blue Cross and Blue Shield of Minnesota that serves to bridge the gap between the emerging research base on community design and healthy living with the every-day realities of local government planning. This Mental Health Key Question is part of a series with a focus on identifying and interpreting evidence-based research linking public health with planning. UNIVERSITY OF MINNESOTA • Key Questions: Mental Health Design for Health www.designforhealth.vet OO 2007 University of Minnesota Permission is granted for nonprofit education purposes for reproduction of all or part of written material or images, except that reprinted with permission from other sources. Acknowledgment is required and the Design for Health project requests two copies of any material thus produced. The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities, and employment without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, public assistance status, veteran status, or sexual orientation. Design for Health is collaboration between the University of Minnesota and Blue Cross and Blue Shield of Minnesota. The following people were involved in the development of the Key Questions Series: Series Editor: Dr. Ann Forsyth Contributors: Dr. Ann Forsyth, Dr, Kevin Krizek, Dr. Larissa Schively, Laura Baum, Amanda Johnson, Aly Pennucci Copy Editor: Bonnie Hayskar Layout Designers: Anna Christiansen, Tom Hitde, Aly Pennucci, Kristen Raab, Jorge Salcedo, Katie Thering, Luke Van Sistine Website Managers: Whitney Parks, Aly Pennucci, Joanne Richardson Thanks to Active Living by Design for helpful comments. Suggested Citation: Design for Health. 2007. Key Questions: Mental Health. Version 2.0. www.designforhealth.net • Design for Health 2 UNIVHRSITY OP MIrifNESOY°A www.designtorhealth.net Key Gluestions: Mental Health Overview For some decades, research has examined the restorative effects of nature on mental health. A strong research. base has continued to demonstrate how direct contact with nature (water, trees, bushes, flowers, and other vegetation, whether cultivated or wild) leads to increased mental health and psychological development. In general, research looks at how urban-dwellers are influenced by nature through "everyday experiences" that include viewing nature and/or being in green spaces (Mailer et al. 2005). Long-term collaborators Rachel and Steven Kaplan focused attention on four key elements for restorative environments: a sense of. fascination, a sense of getting away, complexity, and compatibility between the environment and the user's preferences (Kaplan 1995}. To explore this link between nature and people, researchers have studied a variety of individuals, including hospital patients, nurs'-ng- home residents, military personnel, wor..kers in windowless offires, viewers of horror films, prisoners, college students, office workers, and car drivers 1. Benefits from contact with various types of green spaces and views have included: better test scares; fewer illnesses; positive effects on physiological measures, such as heart rate, skin conductance, muscle tension, and pulse rate; use of fewer painkillers; and shortened. hospital stays z. Recent data shows that depression and other mental health disorders will account for some of the world's largest health problems in upcoming decades (Mailer et al. 2005, 45-6). The connection between nature or green space and mental health has implications for planning and desigiung parks, streets and yards. Things for certain (or semi-certain) •A variety of different theories focus on different aspects of the psychological benefits that are linked to nature experiences; all have shown that nature experiences are desirable and healthy. Example: One study measured the physiological responses (heart rate, skin conductance, muscle tension, etc.) of 120 undergraduates from the University of Delaware before and after they ~vatclled a horror movie. Immediately following the screening, they were exposed to one of six urban or nahtral settings. Resin s showed that the recovery was faster when the students were exposed to more natural scenes (Ulrich et al. 1991). • People, in general, prefer nahiral environments to urban. ones; however, these shtdies have typically contrasted unvegetated complex urban scenes with more tranquil natural ones. It seems that people prefer scenes that are moderately complex and scenes of greenery have that character. •People do not have to actively use nature to benefit from it; rather, looking at nature provides enough exposure to effect changes in mental health. Example: One survey of 168 public-service employees compared job satisfaction and work-related stress levels with whether or not the worker had a view of natural elements from his or her work station. Results show that those with similar jobs reported less ailments and were more likely to be satisfied with their jobs if they had a view of nature (Kaplan and Kaplan 1989). Example: A 10-year study of gallbladder patients compared the recovery rates of those who had a view of parks and trees from their bed and those who had a view of a brick wall. Results showed that those with a view of parks and. trees recovered faster, .requested fewer painkillers, stayed shorter periods in the hospital, and had fewer post-operative problems (Ulrich 1984). • • Design for Health 3 UNIVERSITY 4F MIriCNESOTA www. dasignforh ealth. net Key Questions: Mental Health Example: A comparison study of Michigan prison inmates looked at changes in stress levels based on one group who had. a view of farmland and another group who had a view of a prison yard. Results showed. that there was a lower stress level for those with a view of the farmland, as defined by fewer reports of digestive problems, headaches and sick calls" (Moore 1981; Mailer et al. 2005). Example: In a study focused on the relationship between. drivers and. their surroundings, participants simulated a drive where they were exposed to one of four different types of roads: forest-rural scenery, golf courses, mixed roadside scenery, and urban environments. Results showed reduced stress levels were experienced by those exposed to more natural environments (Parsons et al. 1998; Moller 2005). •It is not always clear how sub-populations respond differently to natural environments. There are, in fact, significant differences among groups by age, plate of residence, ethnic heritage, country of. birth, etc. (Forsyth and Musacchio 2005). Things up in the air •lt is not always clear which aspect of nature is most relevant or has the strongest impact; research has explored myriad encounters with nature, including extended wilderness excursions, hiking in open space, strolling through a city park, gardening, tending a small plot of urban grass or a vacant city lot with its attendant ecosystem, and even watching nature scenes on television. • While the maintenance of natural areas within communities (parks, plazas, landscaped areas, etc) is important across all user groups, it does mean different things to different users as preferences range from high-maintained areas to a wilder look (Talbot and Kaplan 1984). Example: One shady did interviews with 100 low-income African Americans in focus groups. It focused on feelings of safety with regards to tree density. The authors discussed how "trees may affect sense of safety in two opposing ways-both decreasing sense of safety through decreasing view distances and increasing sense of safety through increasing the civilized, cared-for character o.f a space" (Kuo et a1.199$, 555). Example: A survey of 140 seventh- and eighth-grade students (60 who were Black and 71 who were white} looked at preferences for natural settings in terms of eth~.zic and. age variation. Results showed that generally the white sub-sample preferred undeveloped or unmanicured appearances, while the Black subsample did not (Talbot and Kaplan 1993). Example: Interviews were conducted with 97 Detroit residents who lived in moderate- to low-income neighborhoods. They were asked to rate 26 natural areas, as well as to identify which characteristics were preferable and which were not. The results showed that well- maintained areas were preferred over densely wooded areas (Talbot and. Kaplan 1.984}. Example: One study interviewed 898 Black, Latino, Asian, and white people about park management (Lobster 2002). Groups differed in the attribute they favored. "Asians mentioned the park's scenic beauty more often than other groups, Latinos the cool refreshing `Lake effect,' and. whites the trees and other park vegetation. Blacks said less about the natural environment, instead focusing on facilities and maintenance aspects, park activities, the zoo, and sports orientation. Rank order correlations showed that Asians and Latinos had the most similar preferences, while Blacks and whites had the least"(Gobster 2002, ] 51 ). •Most research also seems to vary in terms of their definition of urban, which makes it difficult to ascertain how nature can affect different categories of varying densities. • •'I'he "amount" or "size" or "quantity" of green space differs from study to study, making it somewhat difficult to figure out thresholds associated with nature and the built environment. This may make design standards Design for Health www.designforhealth.vet UNIUHRSTTY ~F 1VIiI~FNESO'TA Key Questions: Mental Health more important than particular thresholds. Small amounts of green, however, seem to have benefits. Example: On hundred people in a low- income, African-American neighborhood were surveyed about their reactions to visual simulations of 0, 12 and 22 trees per acre in the open areas of their public housing development. Results showed that residents responded most positively to 22 trees per acre in terms of their own personal preferences and perception of safety (Kuo et a1.1998, 45). Working thresholds for HIA Provide views of green spaces, with canopy trees, from all buildings. These can be trees at the street level or, for upper-level situations, views to parklands, etc. Tree densities with greater than 22 trees per acre have a positive effect in terms of presence and sense of safety in a population of low-income, public-housing residents (Kuo et al. 1998, 45). This is not a very .high density of trees. Example: Another study convened seven different groups, each. between 1.3-28 people, who looked at photographs of landscapes from two Midwestern community parks in the suburbs of Chicago. While the preferred density varied between the different observer groups, the difference was slim, as the range ran between 50-65 trees per acre (Schroeder 1986). It should be noted that subjects included a large portion of people in environment-related fields (arboretum workers, park-district staff, horticulture students), who may tend to have different preferences to the general public. Maller et al. (2005) provide a useful review of this literature in an article entitled, "Healthy nature healthy people: 'contact with nature' as an upstream health promotion intervention for populations." It provides a helpful table that breaks down evidence into categories of anecdotal, theoretical and empirical. This Key Questions sheet relied heavily on this resource, in addition to the other studies cited. • • Design for Health 5 UNIVERSITY OF MINNESOTA www. desig nforhealth. net Key Gluestions: Mental Health References Forsyth, A., and L. Musacchio. 2005. Designin~Q small parks: A rrtanual fvr addressing social and ecolv~~ical corzcerns. Hoboken., NJ: John Wiley & Sons, Inc. Lobster, P. 2002. Managing urban parks .for a racially and ethnically diverse clientele. Leiszsre Sciences, 24,1.43-59. Kaplan, R., and. S. Kaplan. 1989. Th.e experience of nature: A psychological. perspective. Cambridge, UK: Cambridge Univ. Press. Kaplan, S. 1.995. The restorative effects of nature: Toward an integrative framework. Journal of Environmental Psychology, 15, 169-82. Kuo, F. E., M. Bacaicoa and W. C. Sullivan. 1998. Transforming inner-city landscapes: Trees, sense of safety, and preference. Etzvirvnment and Behavior, 30, 1:28-39. Mailer, C.,1V1. Townsend, A. Pryor, P. Brown, and L. St. Leger. 2005. Healthy nature healthy people: Contact with nature as an upsfiream health. promotion intervention for populations. Health Promotion International. 21,1: 45-54. Moore, E. O. 19$1. A prison environment's effect on health care service demands. Journal o f Environmental Systems, 11: 17-34. Parsons, R., L.G. Tassinary, R.S. Ulrich, M.R. Hebl, and M. Grossman-Alexander. 1998. The View From the Road: Implications for Stress Recovery and Immunization. jvurnal of Envirvnmental Psychology, 18,113-140. Schroeder, H. W. 1986. Estimating park tree densities to maximize landscape esthetics. Journal of Environmental ll-lanagement, 23, 325-33. Talbot, J., and R. Kaplan. 1984. Needs and fears: The response to trees and nature in the inner city Journal of Arboriculture, 10, 8: 222-28. . 1993. Preferences for nearby nature settings: Ethnic and age variations. In Paul Lobster's (ed.) Managing urban and high-use recreation settings. St. Paul, MN: USDA Forest Service, Nort11 Central Forest Experiment Station. Tennessee, C. M. and B. Cimprich. 1995. Views to nahtre: effects on attention. journal of Envirvnmerztal Psychvlogy, 15, 77-85. Ulrich, R. 5. 1984. View through a window may influence recovery from surgery. Science, 224, 4647: 420-21. Ulrich, R. S., R. F. Simons, B. D. Losito, E. Fiorito, M. A. Miles, M. Zelson. 1991. Stress recovery during exposure to natural and urban environ.rnents. Journal of Environtnerztal Psychvlo~y, 11:201-30. Notes 1. Malley et al. published a literature review that showcased the link between contact with nature and health. The review lists a series of sub-groups that have been studied to examine this link. Ulrich (1984) compared the recovery rates for gallbladder patients who had a view of nature from a window with. those who did not. Kaplan and Kaplan (1989) conducted a series of studies of comparable workers who had windows in the workplace and those who did not. Ulrich (1991) developed a study that compared physiological measures of students who had watched a horror movie and were then either shown slides of natural or urban environments. Moore (1981) conducted research in a prison where cell windows with a view of nature led to decreased levels of symptoms associated with stress. Tennessee and Cimprich (1995) recorded the test scores of students who had natural views and those who did not. Parsons et al. (1998) looked at the effects that roadside environments had on car drivers by documenting physiological changes. All of these studies showed that interaction with nature had a direct link to health. 2. Benefits from contact with various types of green spaces and views have included: better test scores (Tennessee. and Cimprich 1995), fewer illnesses (Kaplan and. Kaplan 19$9), posi ve effects on physiological measures: heart .rate, skin. conductance, muscle tension, pulse transit time (Ulrich et a.l. 1.991), use of. fewer painkillers (Ulrich 1984), and shortened hospital stays (Ulrich 1984). • • Design for Health www.designforhealth.net UNIVHR5ITY OF M%NAIESOTA .~ ~. r" Tom Kroll testimony to St. Joseph 2t>~ Comprehensive Plan Public. Nearing _ ,.: °~ ~ ~ Nav 12, 2{~h8 ~/~ ,~; .:_ :~ 1, Name is Tarn Krali a. Land Manager and f©rester for Saint .tc~hn's. 2. St, Joseph is nice. a. It still has the rall fawn:feel and a beautiful church downtau~m to ar~char the city - almost European. _ ~~~ ~ b, ' J.Ot1~~ years of a Monastery-and. a vibrant callegen dawntawn -- an industry any .~~" _ .A:.. " other small fawn would gladly trade you far. . ~~, _~, `.,,. ,- c. You have the last remaining undeveloped freeway exit within ~ mile of town a:° ~ from Chicago to 5eati:le. ltmakes your city different, It provides afront parch to .f;:,a~xr the town, •§ r ~q; d. You. have 1gt~0 acres of undeveloped,' mostly farm land. at year perimeters that you are planning for. Yety you will only need 2, acres in-the next 3C1 years '~ =J~ according tc~ Chapter 4, page 9. you have the chance to became the ane +af the -:; .. most fair-sighted and innovative "green towns" in America, e. Will you take the time to ready think about the future and these incredible „ opportunities and not just mindlessly plan out thousands of acres in treeless ...suburbs at 3.96 harnes per acre? _ s~( ¢' ', g r.~_ 3. ~ of you were annting tine 76 people ~vh~r attended the "Drawing i`ireen" Conference last ~~, ,, ~` `''~ >month ~;te thank you fc~r your interest. every one of you wha attended said It was very _, , -~ ,, - informational. ,_~ `~'' ~`„ a. ''The first day focused on Conservation Design innovations to allover more ~~t.:' ~~~ < sustainable and profitable growth. The second day of than conference was .~:~- ,.,~ ;~ 'dedicated to a Ilne-by-line review of the draft St. Jae. camp plan. You have It In ', "the record. in frant's~f you. ~~, b. I hope you see the value in having ~"~ ~r~, and 4ei opinions by recognized experts to consider, If this were a' medical case, having sa many second opinions vvauld be considered a luxury and yc~ have it here for free, i, But wrill you take the time to ,adequately review these ideas by postponing your final deeisicrn until a fuli discussion can be had? ,:::~: . _=. " ,~ •~.r`;? s:. ~~y x.'9;~`. ;~ r =r' Frt .e•r..._ ~ r. L ~sf,,tn. ;9~Ti. ; ~. e~~.-,: 2;p` a 4', ~~:. ~,. :~' ;~,.... ~, r. ~~~~ . ~?}~~ iii' %f?~,r# ~~~. ~'4 i -', ~y `. t* ~, ~ v~ ;. r .~ .~ ~+ .~~;* ~A ~~i c W'y.,: . 6~.; t, • •\`' ~i'r ~ly' 1 }~ ~~~~ ii. We offer tonight to arrange to have the consultants come back and explain their ideas to a joint session of your board. Will you take us up on that offer to learn more? 4. Let's cover a few suggestions of these experts that were also commented on by Municipal Development Group. ~. /}., ,~. Chapter 2, page 27 ~~ B: Rroted ~~ ~; ~, ,~~ tie ~H-t! sf sfec~ w~t~r through suytt attid - ' c~rctnat~n nth the SWCC}, wad cN`gat~zatit and staff attc# ~~.~, .,T ^ fetiera! t~ar~~as. t~>' "_ ;.z a :.K_,.. ~:. +; 3. T~ Gity tkl ~7rn~€~t~ ~ ~ ~tE'ri€ ~i~rr~+~ sns~cn~~ ~ , ~nt3 <~~~srr ~,~ ~. - - ~r [~ ush ~ {~ttxtiy lis#ing ~f e~nm~ximentaily signifu~t or ~'~."n cnrseitiun sxe3M 4n rnnnitnt !'1tilCQCVF! Atlhhtlf.R FliTtjlCH' [XC~@CI :. . , .. rta..ro '. ~~~, `=,; ; ` Tam Kral) .repay - #dav 12 ~~,laseph should carrtmit to a Natural Itesc~urces Inventory, . Qn page 4 of Chapter 4, the draft plan says.that "An estimated 5,182 acres {3996) of the City and annexation area contain potent#ally env#ranmentally s#gnificant ar sens#tive _ features" and you have poor data.. For example,. map 45 shows an open: space search area that is arr an act#ve feedlot when there is a wetland ~-•waads ~camplex 3~ yards .north. ~~ ti P ~,r~ ~~- ~,, MDG is correct that no inventory will prt~ride perfectly: complete data on every potential `'~`}".. resource. 13owever, the 11+ILCCS inventory will provide s#gn#f#cantly mare data than to . ,. ~~ snake good dec#s#©ns that hav#ng no #nv~ntory. f...~. ,_` Regard#ng the cast, 8onestrc~o w#1# do an inventory to MN Lanc1 Laver' Classificat#an ~'~ System Standards (MCCCS}far $5;per acre. Emmons and t3liver will do it far $3'per acre ~~`~~~<;' and h It done by`summer 2ixI9, If you do ~N the: undeveloped ii,l acres in the ?` comp plan, the casts $33t10{I,.not S1S0,{M~Q. ~o~ . ' ~' .. '_4 ~.. ea .Y ~, lib: :\. a - r .~ - ' i .~.. ~~ t't- ~:.. . hapter 2, Page 28 r• Y~;- ' ` ' „: ~-' . _ t3bj~r~cgve C: t~rerve'the ernEiir€xtrne~tit as a sustal~e tesourc~. . . ~' _ - -. ~. Tha City ~ exernina speri~ic requit'ets fa' »marste{ `'` prc7tectiort th~F rr~p !~ incrsr~ated irrtc~ thic+ ~$ Ss ,~w.~i ~ re~itatiat-s SL-Ctt as ~r~i~raiion of existirtca trees of A suE~sGanQa~ Site es part ~f tt-~ preli~Frrar~+ alai required d~it€+ l u~i~~r ,tshd~riSiens uu~k3 r•,~eir~^ era Ail_t~t~~mf~€t~~~ i~~~• , '. :; &~a 5~.~.: ,t r,,.,7 ~.A1t_(i f pity ~JC Cyr ~~t!~i. Ilir~~r - ~~ ~t~ :1:7r~~' `E~ t~"~ ~1t CY~ A(It~ &331f3~7~€3~T4t7 r~; Tom Kroll reply: Nov 12 MQG seems to suggest that the "expensive" cost;of $3=$2Q per acne for an inventory is reason ent~ugh td allow ~ deveioperta move f©rvvard wittlou~t good data... MDG has themselves :stated on t}c# 22, 2tK}8 that MLCCS data "woul+d be • vuonderfui if available." Sd'why not make it available? ,asking the developer of 10U °~t ;. `• , acres to spend $2,OOt~ IS actually not tOO much Il' the Clay has not already done It. } :~ k A ~~ k :. :.. , :~~ i. _ •~` t, '1`i, _.: i ,r. ~ ._ r _~ ~, ~ ..a : ,'. .~ ~~ , t . a a. "..r..t: ~;' .., .. q. . .: k;.. ~. ~, , i ~..... : r ~ g . _ -{"y.: •. t; M r' ti~• ?..~.. ', :;, ,. .. F `~' ~ . a::.~ 4-` ~ ~ '' ~ _. ~~ _ ~~., _ xg-.r1, 2} Smert, compact urban growth does nc~t mean that 9U96 of exert' development needs to be used for homes. Leaving or creating=;green areas very near to each home site is clearly a marketing,bene~t. Requiring green space and providing flexiblelot size can often allow developers to install infrastructure more-cheaply. But Ifthe city allows the minimum standard tc~ be 3:96'hornes per acre and l«t196 air less. .:. ; open spare, that becomes your baseline. Why not have a higher baseline? Why not at ,,;..~ " :, • ;: least 2596 open space? is X36 wrong? "The planners who suggested. ~6 did so because ~~.. "~"•. your own plan.: says ynu have 399 of the'city and annexation area in "pcrtentially .';~~ envirorfrnentaly significant features." .,. •. If your standard for green space in every development were. at least 2596, the value of °~ ~' ~ theland would reflect this, but only if the standard applies to every developer. The R„~ ~ . landowner may get $22tg'I instead of ~2s,cxx> per acre. They are still ahead of the value they had atone house per 4tl acres. And St, Joseph could end up with laver land .{, ; :. ~~ ; ..: .prices and greener community than yourcompetitor cities. 3} Finally, the issue of affordable housing needs to lee addressed,. Why do we assume.. that poor people do not want,or cannot afford green',space? We all knowthat packing. people into dense housing without green space almost guarantees bawl o-xtcomes and requires renovation programs every 30 years.. Why not requite green space with each tractof affordable housing? If yon, don't, you are not building housing for the poor, you .... . -~ ' are just building poor housing! ~..: i *~_ ~, .6 ~ ,- vi'".~:. `!vr~ }f ', •~•, -~•.., 4 ~'A ,, tr, ~... , #~ a . . - ~`« K' Chapter ~, page ~~ 'r :.,-:. fiFi,lfa C: PTe56~V8 i~ envrment ~ ~ SuSt re~xtaa. '~~. ~ !~ ~~~ ~:iiy Ali, c~~~e~~~,c~~s~r~r~tfnc ~>~~h~izu~~s.fC~ess n si~ra~s~ ic~F u~ ir7 the . a~~~~ ~ a tr a z r ~~ t - ~ , f ~ ~ ~ E. s~ S td~r~i~ ~! ~sicl~€_ "r,`:,._ r~tS~~~~tn~ ~3E ~ , i.,:rn~,arr~~~i~r~ t, ~ ~_ _~t~~ck~, wr~~it~ rec~u~r~~~~ ', . _ ~~r~_r~ther ~~;s ~,. ~:u?,~tr~~nts k ~ ~ ~ ~~, ~~ __~, ti~i~ trc~~tt~~ titer s~i~ ai i~~st ~~°~ ~~ ~~t a~i~,e erg ~~~t~ ~ : _;cs c~ ~~ - . c~. ,~;,~, ~:~:` ~< r: ,*:~a ' Tom. Kroll comments Nov 1~: 1) I am not are attorney, but I also believe that Cynthia Smith-Strack of Mt}G is not are ~.~.,~ . ,~`-~ a#tarney< Despite this lack of qualification, Ms. Sr»ith-5track has voiced legal opinions x,., . `r' : at multiple public meetings which' i believe underlie her deep personal belief about ~,.~' ~; ; landowner rights. ..> ~ , ,~~ : Sri let me voice some amateur lega(opinians myself based on conversations with }-:fir . -° x ~~ attorneys and municipal planners. ~~ ,: The'constitutian has never been held to orated speculative value) a;;; '~ ` For example let`s say your land is currently. zoned to 1 house per ~ acres ar~d you get ' ~:.. ~,~k' + per S acres. Landowners and developers dcr not "loose" any value-.. rezoned to 1 house .. ,:~ ; ' ' , just because they d`id not get to plat 1 house per 1 acre. If the same process. requires the developer to have a 1EIt} foot setback €~r leave 4tl% in open space, that is not a lass, of value if you started with only 1 house per 4C} acres to begin with and a public process determined the standard. t ~::, ,:~'~~ ` ~.-~ ~ , ~ ' ~ The ityl6 standard far open space by statute occurs when the city pladning process has Y ~"~;~° ^" left the standard undefined and not mandatory or left it negotiable up from 046 which' is . -._ ~' ; ` exactlywhat 5t.loseph i5 doing in thi5.plan: a ,~ ; a ~.~ - The bottom line here is to ask your city attorney if ME?G is correct andthat the city can ~a ± ;> not legally set higher standards for gceer~ space than. l4% Then puf that answ+~r into ~, ~ the plan as well. s ; ~~~. : ; . {, -,~;. `,. i~:' i ., ~~ ~1i^ . - ~ 5, My three minutes are almost done. I used to quate'the old canard thatthe world_~ run 1. ~~:~ `" ~~'' ~..1. ;. by tIIOSE' who_Show up. Qwt that is not really true. , a, Th+~ planning ctamr+nissican and city council have put in hundreds of hours on this . process, Thank you far your dedication. but many of us have sat for r[early as long and we sat on harder chairs the whole time. And we sat so we could have 3 minutes to talk: b. ' We probably-had as many peopl+~ come'to the Growing Green conference as have attended all your ripen houses combined. But those new ideas won`f mean anything unless you decide. ~. 7tae world is actually run by you. good.public servants. 5o thank you for all your time, ' 13ut please take the. time and use your vision to make a: plan that truly ,, ~:r-cr ~'~'~~ looks forward try 243Q and. is nat stuck loin what we did in 193ti. B :'~ d, St,loseph is in the enviable posi#ion of being nearly guararrteed tra brow over ~::~`~ ~ time, having tand to growinto, and has an economic,engineand ahistorical. ~,,~ . *~~ - district downtown..-St.loseph can be somethingtruly special as it grows or it :can 1d ~j~ use its comprehensive plan to simply mimic every other small wanna-be aty. e. _You get to decide.. We wish yc~u well. ~} ~ , . ~:~.~ , ;, ~..,~ ~1 ~5 ' 'SAS ~. ~> ,~c . _.ti ~' ~~ <~'.~ ~'`;. 3 5~: ^.F.. ;, ~~::r - ;, ,`,v _.;~ . ;~=.., ,.~.,-:~ .-=a -S,: ,:::. .. ~, t-..~. .~~} , ~.N ~.. WRITTEN COMMENT CARDS RECEIVED: Tom Kroll, Saint John's Land Manager 320.363.3126 "Please find attached ideas for submission for transmission to the Planning Commission and for inclusion in the Comments Section of the Comprehensive Plan" Note: the materials referenced in the statement above are attached after the series of comments from the November 5, 2008 open house are presented. The materials referenced were produced under contract from Saint loon's to the following MN city planning professionals .Brian Ross and Jean Coleman of CR Plannir~q; Jay Michels of Emmons and ~tiver; and Chrrs Larsar of the MN Land Trust .Neither Saint John's, nor any other group provided guidance or input into these comments. They are ttltended as professional "second opurions° to the diafi comprehensive plan and v~illhopefully be fully reviewed and imp,'ementcd to a great event by the Ci}~ arSt. Joseph. Tom Kroll. Saint John's Land Manager 320.363.3126 "Chapter 1, Definitions" please include: • buffer • low impact development • TMDL related to pollution, etc. • Green infrastructure in addition to green buildings" Tom Kroll. Saint John's Land Manager 320.363.3126 "Map 9-2 Park Area. Please be sure that parks and trails are connected especially with bridge over Watab and Wobegon Trail. Map 2-9. Does this reflect NRIA, natural resoun;es inventory assessment? Map 4-6. It seems like greenways a/son traffic corridor are less, why?" Tom Kroll, Saint John's Land Manager 320.363.3126 "Saint Johns should be called educational/ecclesiastical land use as it is now under County Planning. " Tom Kroll. Saint John's Land Manager 320.363.3126 "The 240 acres of the "Bauerly" or "Hoffman" farm between St. Johns and the Homer County Park is four or six lots under conservation easements limiting housing to one per forty. You may want a new land class. " Page 3 of 30 a~>{' 1 ~.~"~ ~~ h ` ~i ~. r K .. ti. -~,`` .; ;~~",~' ~~•. ~~~,r, '. ~.''..'y. ,. tP:fy`,, .~ ;~ =e• :~ ~, ~~: n: " . ~~ ;eR ~ :+. y, ;. ~,z- . V p .. Ki . "The St. Joe Comp Plan should acknowledge and embrace the existence, partnership, and benefit of the monastery and College in the vision statement. " Tom Kroll. Saint John's Land Manager 320.363.3126 "Consider moving the wildlife search corridor from Saint John's and County 2 onto the `green space' ident~ed on Map 2-9." Hubert Walz "We question the buffer along the freeway (100'). It should be up to the fence. The buffer is not needed and would be a loss to the land owner." Anonymous "How much weight does mapping of potential environmental significance/sensitivity hold in planning and zoning? /s there another process that would nail it down more? ORAL COMMENT RECEIVED: PlanninclCommissioner McDonald Should the existing zoning map for St. Joseph Township be referenced and included in the land use plan? It seems that since parcels within the oirlerly annexation agreement are going to be annexed at some point, the planning boards or joint board should be discussing this. Page 4 of 30 Tom Kroll, Saint John's Land Manager 320.363.3126 :.`~,;. R ~`e ~'4,` ~• i f. ' ~.:~ • 4'4 . ?~. -.: 6 +k~~~l,, ~;_ E : M i. - ...~r- r+.,,..-., au .y °. ~,. ~ 'a'tu ~~ . ~?`::~ ;! : ti.. ^~Y . t~ i.,-:~~ ~::, #. 4:N•, d~ /~ y.~fv ~iJx, COMMENT FROM TOM KROLL SAINT JOHN°S LAND MANAGER The following 3 documents were produced under contract from Saint John's to the following MN city planning professionals. Brian Ross and Jean Coleman of CR Planning; Jay Michels of Emmons and Oliver; and Chris Larson of the MN Land Trust. Neither Saint John's, nor any other group provided guidance or input into these comments. They are intended as professional "second opinions" to the draft comprehensive plan and will hopefully be fully reviewed and implemented to a great extent by the City of St. Joseph. Page 5 of 30 ~.;.,. y w ~`,:. ,.;~ r: ,~-_ ~'"~:~ ,,~.. °.~.. '~ '. #, ~ ,. -.2. . ~. . ,r . .~:...' , >~: ; :~rt,:~~ y a~;.aY `f ~. -. ,~~ . , m,r~: . a~,. ~, ~ "~ ; >;. :_.., y; .: <'~ , _~,<. . ~~ ;: ~., Comments on St. Joseph Draft Comprehensive Plan Introduction The following comments on and recommendations for the City of St. Joseph Comprehensive Plan are offered primarily to address natural resources in the annexation areas, the bulk of which lie south and west of the existing City. We have developed new language that could be inserted into the Comprehensive Plan and recommended some text modifications of existing recommendations. A complement, not a critique Our comments must be prefaced with several acknowledgements: • First, these comments are not intended to be critical of the draft comprehensive plan or plan process but instead to be complementary. The changes that were made were intended to meet the Comprehensive Plan goals and vision through the lens of conservation practices. Second, these comments are intended to set the foundation for utilizing best practices in protecting the community's `green infrastructure' in the annexation areas. The goal of this review is guided by the goals of the Legislative and Citizens Commission on Minnesota Resources (LCCMR) grant for preserving the Avon Hills' landscape, administered by Saint John's Arboretum: To best protect landscapes, local ordinances need to actually carry out the lofty intentions expressed in most comprehensive land-use plans. Funding will be available to ...submit draft comprehensive plans and ordinances for review by ...recognized experts on land-use planning for conservation. Furthermore, the comments are offered fully recognizing the following limitations of our review: The review was outside the context of the Plan process. During a comprehensive plan process, stakeholder and community decision-makers typically engage in a discussion to arrive at a general consensus on what is important to the community, the vision for the community's future, and the priorities for implementation. Some of our comments may be addressing discussions that have already occurred within the Plan process. The comments are not comprehensive in scope. The goal of the following comments is to find elements where the city's and the annexation areas' green infrastructure can be better accommodated. We did not examine the full, comprehensive, set of goals that include transportation, industrial development, retention of the historic downtown, recreation, etc. Summary of recommendations Generally, our comments address the following points: Thorough assessment of natural resource information -The draft Comprehensive Plan presents a wealth of background detail for the City of St. Joseph, including the annexation areas and the Page 6 of 30 ,r ,.~, ~~ e d.c ~;... ~, :.~ ".'~%9'4~ "K f ~ .~ /. {i' natural resources in those areas. While we believe that additional natural resource information is needed, this additional information is typically gathered as a special addition to, or even separate from, the comprehensive plan process. We have recommended the completion of a Natural Resource Inventory and Assessment process (NRIA) to meet the needs of integrating development with green infrastructure. Good incorporation of green infrastructure goals -The Plan goals, objectives, and policies ~~~~. '.,f.' acknowledge the need for and importance of the community's green infrastructure. The existing ~~-~ ~ policies set the stage for more specific recommendations that we have included to meet the city's ," • green infrastructure goals. . ~4~~`.,,.-. , Critical recognition of the need for buffers and open space -The future land use description presents development scenarios that buffer a number of critical natural resource areas in the annexation area. Providing buffers is the single most critical element for protecting natural systems and St. Joseph's natural heritage. However, a higher level of conservation design is called for in a number of areas, and an acknowledgement of the ongoing maintenance needs for green infrastructure. Recommendations for important surface water planning -The Plan acknowledges the need for significantly more attention to planning for the protection of surface waters. The existing Plan does not adequately discuss the risks associated with proposed development patterns and, for instance, the impaired water status of the Sauk River. The impaired water status is likely to require changes in development techniques and priorities, and infrastructural needs that come ` ~r&` +-. ~-; : with the responsibility for meeting the City's assignment of Total Maximum Daily Load "~ ~'~`~" :.' Linking the future land use map to development market -The Plan clearly lays out an assessment ~'"''g•>,r~ of future growth as it relates to demand for land. This link does not, however clearly address the r `~` ~ method by which the City will stage development in response to market demand, particularly as rn~ . ;: it relates to annexations and utility extensions. We have suggested language that commits the city to a staging process that ensures compact, efficient development that responds to market demand in a logical staged manner. Role of conservation design in green field development -The Plan set specific policies for integrating natural, cultural, and historic resources into the development process. Additional recommendations for using conservation design principles in the annexation areas would help set reasonable expectations for development in those areas. Conservation design in the annexation areas abutting the Avon Hills policy area (County Comprehensive Plan) could also open opportunities to limit the need for extension of centralized sewer that appears to be contemplated in the future land use map. . ..A ~"~>`~f- °' ' ~ Consistency with County Plan for long-term growth areas -The Plan includes specific yf<.. /~ i"~"" ~'n ~ recommendations for the City to interact with the County and townships, particularly in light of ~~ ~'- the large annexation area that may remain under County zoning control for a number of years. `'~:~;.. ~.',°~'.~iu ~.. ~. .' . Page 7 of 30 ~r-:X ~,: '.~ :.. :~;:~.~ 9 .~ ~• s.<, ci s,~, :~ ,,, .~ ~i ~ i~:.~~Y~ ~~.,''. ; c . ~fx ~`. ,=d` .:. 4Y `}'•. °.~? F ~.}J :. ~; 'r.~.~ , y.', per. . fit. ;~z,?. .' + . m 'i .u ~ ~'` ^'a +:itc~.i S~f'i,.K Better integration of policies for those areas is, however, warranted to meet natural resource and natural system protection goals. Agricultural protection and natural resource protection goals for the long-term annexation areas need to be more fully developed in the Plan. Page 8 of 30 i '1!1'x' ,~~ :sa,;r . ~.,`; r~i;i;; j ~...>. ~~~~~, ' XI. NATURAL RESOURCES GOALS, OBJECTIVES AND POLICIES GOAL #1: RETAIN QUALITY OF LIFE INHERENT IN THE QUALITY AND QUANTITY OF NATURAL RESOURCES. Objective A: Establish a balance between promoting, protecting, enhancing and preserving natural and physical features (including, but not limited to, woodlands, wetlands, soils, steep slopes, surface waters, groundwater) while managing requests for development and redevelopment. Policy/Recommendations: 1. The City should encourage efforts to preserve wildlife species .s.y g;.~ ~ documenting natural habitat areas and pre- ~~~ ~ :: settlement (native) vegetative communities as part of a natural resource °'_ ~~ ~ inventory and assessment (NRIA) process and preserving such areas '~~ -- either proactively (before development proposals) or as part of the ~yi.~. , development process. '~ ~; ~~~ 2. The City should esurage~e use of natural resource data/studies for .~<__ _ planning and review of development and redevelopment such as soils, topography, groundwater etc. 3. The City should require continual compliance with approved subdivision grading and drainage plans and make sure such approvals are maintained. :., , +ile~+,~'~ w ~~~ .. ~ ~~ '~ . ~. ~. ~' '~ ~ . ~` 4. The City should carefully regulate development in areas adjacent to shorelands, wetlands and floodprone areas to preserve these as environmentally significant and visually attractive amenities. 5. The City should encourage development to conform to the natural limitations presented by topography, soils or other natural conditions. 6. The City should identify and protect significant scenic areas, open spaces, historic or archaeological sites and emphasize proper management of open space areas in order to preserve trees, wildlife, pre-settlement (native) landscape communities, floodplain, water quality and similar environmentally sensitive features. 7. The City should update the floodplain management ordinance to reflect model ordinances created by MnDNR in 2005. 8. The City should nuestfQate-###e es#ablish-sf `buffer zones' adjacent to high value wetlands. The buffer zones should be kept in a natural state. .; < P`r1 y Page 9 of 30 ~~, , ~y:', ti; ~?~~=`, , Y, ~; ~Y . . '.. .f .... ,.. .C~ -. ~^.... .. ~.~ :: ~; , ~;:;; :a¢.; y. ~~ . a ' ?`:.~ ~ ~ ~~ ' ~ ;,.; ....M. rn ~'i. y~. Objective B: Protect and improve the quality and use of surface water through support and coordination with the County SWCD, watershed organizations and state and federal agencies. Policy/Recommendations: ,~a~ , `~ ~;_ .~..,r, r-~~;., ,- ,.~; ~.: ,- -.~ 1. The City should encourage and promote land use practices to protect and improve surface water resources. 2. The City should require appropriate erosion controls during construction and consider enforcing through developer's agreements and/or onsite inspections. 3. The City should complete a natural resource inventory and assessment in order to establish a priority listing of environmentally significant or sensitive areas to monitor, preserve, ....enhance and/or protect a+~d 5. The City should support the coordination of planning and implementation efforts between the SRVVD, watershed organizations, land & resource management offices as well as state and federal agencies. ,` ~. t-~ ~~ °'~,~_" 4 es i 6. The City should utilize regulatory tools such as ordinances and design standards to ensure that surface water management goats are achieved. Page 10 of 30 9. The City should deas+der-revis+r~ revise shoreland standards to reflect some alternative shoreland standards implemented in several North Central Minnesota Counties, and currently in rule development by the 10. The City should review the surface (storm) water ordinance. the subdivision regulation ordinance and other applicable ordinances to ensure that low-impact development concepts are incorporated 4. The City should evaluate the impact of stormwater runoff on surface water in the City and respective growth areas and encourage the development of management tools. ;$..._ ~:. ;w .~: , ; s,.. „~~_ ..* , . "r. =~,., r ''~ ~;': ~,~e:e~ *~:, '~ , . ~- M. "a~ a~:a ~.: ,, :._ . "r~ - . a. The Cit will devela a Stormwater Pollution Prevention Plan jSWPPP Z and submi# it to the MPCA for review and approval. b. The Cit~ will submit annual reports on the implementation of the c. SWPPP, The Cit y should review or develop ordinances to ensure compliance with the NPDES Phase II permit requirements. d. The City should develop a program to review, permit, and inspect p roposed developments in accordance with the NPDES e. Phase II The Citv permit requirements. will partner with the SRWD. Stearns County, and the Stearns Count~Soil and Water Conservation District, and other entities to reduce overlap in activities required as part of its f. SWPPP. The City will hold an annual meeting with residents, developers, and other interested persons as required by the NPDES Phase II ep rmit. 8. The City should work with Stearns County iacal watershed districts, the Minnesota Pollution Control AgencY,, and other agencies to address impaired water bodies within the City. a. The City will participate in Total Maximum Daily Load (TMDL) studies and Implementation Plans to address impaired water b. The City will incorporate completed TMDL studies into its stormwater management plan. 'w ~, :.. , "~ ~'at~::'°: ;;~;-,`~ :~~~:~ ~a .. ~:.. .. ~'* ~'µ~. "~ J.~.t..'... ='.l ~~. 9. The City will work with other units of government and other partners to identify waters in danger of becoming impaired and work to avoid these waters being listed as impaired in the future. a. The City will work with the SRWD to monitor surface waters in the city so that water quality issues can be identified and addressed. Objective C: Preserve the environment as a sustainable resource. Policy/Recommendations: 1. The City should coordinate plans and work with all agencies responsible for the protection and restoration of our environment. Page 11 of 30 r.'i . 7. The City will comply with the requirements of the Phase fl NPDES ~, s,i< ' program (EAW, EIS). 3. The City should initiate plans to correct any and all abuses and preserve areas critical to the City's way of life. 4. The City should encourage tree planting on private property within the City and reexamine a tree preservation and replacement ordinance as a part of the Zoning Ordinance to protect valuable trees in areas which will be developed in the future. . Y./,~ ,~ .. ~- H~~, Y+. ,. ~-~t ~r- / .rte :w +z4w•. ..l F• Y._~ ,... "~: . ..~, .. . y`t'~~. ~ ~.' ~ ~~s-"R ." _,~< '. :is-s'~. zai4,-~ ?. ~~". 5. The City should examine specific requirements for environmental protection that may be incorporated into the City's Subdivision regulations such as identification of existing trees of a substantial size as part of the preliminary plat required data. Larger subdivisions could reauire an MLCGS-based inventory t_o b_e_submitted until the city or other entity completes such an inventory for the larger city and annexation 7 The City will support efforts for private land protection when they help to protect important public resources. This may include the use of conservation easements transfer of development rights, conservation Page 12 of 30 6. The City should consider amending local controls to provide for `green' and iow-impact development concepts. in the appropriate areas of the Citv. These Standards will consider reducing or eliminating_minimum iot size, setbacks, width reauirements and other design constraints but reauire a certain percentage of the site 1. ~. .. ~~. f. ,~,:. S ~ ~,; -e., ... ~ `J (~!!:,M ~z~~: .. r, ". :~ ; ~~, ~.,~:. ~' 5. ~. ~,~ ~ ~:~ . ;-s , . , ;~,;,~.s ,_ .,~ ^~, s} ~::, ear.>o.. _;, ~e,~' ~" ~~;- ~•~GY f. y' Policy/Recommendations: 1. The City should identifyprotection strateaies for aaricultural practices in areas that are designated as urban reserve -eventually to be developed GOAL #2: WIDESPREAD KNOWLEDGE AND APPRECIATION OF NATURAL RESOURCE ISSUES. Objective A: Educate the community about its natural resource assets and encourage them to think about their use and impact on the natural resources of the community and greater areas. Policy/Recommendations: 4. The City should maintain a current list of persons to contact at various local, state and federal agencies which are responsible for protecting the environment. 5. The City should distribute new information relating to environmental regulations to all policy makers and elected officials as it becomes available and to the public through the City newsletter. 6. The City should promote environmental stewardship including reducing, recovering and recycling waste materials. 7. The City should maintain data that reflects the economic benefits of natural resource preservation to the local economy. 8. The City should proactively build an appreciation for environmentally sensitive or significant areas within the community. 9. The City should seek opportunities, such as conferences and publications to learn about emerging issues regarding the environment Page 13 of 30 Obiective D: Recognize the role of agricultural practices and land uses in sustaining community character protecting urban reserve, and diversifying the local economy. the County and townships where necessary that contribute to St. Joseph's rural community character, but still allow for efficient expansion extra value of locally-produced food as a economic development niche in .k , ~w .. 1~olw~r. ,,~. ~;~n-~~- , .. ~~rt 5 s ~~ x 4.; .4 { T;~:~ . ~..:.~} ~p~tc;~' ~; -~, ~.' _ , ,:~ , n,,.. ~~,:, ,:r,~.~.j:.: ,:,~~~ ~ , ,'~~'; .> :, . ; ~``~>< ~ r ..': L . ~, ' ~. ~4~a ~Nry ~ ., ,'„a, ;;,~ . .+~, ~' '~ 4 ~ a 1~' FP , ,1~ and provide training for elected and appointed officials to assist them in dealing with the complexities of environmental issues. 10. The City may consider conducting periodic reviews of natural resource/environmental technology, resources, and incentives as a means to promoting a balance between urban development and natural resource preservation. 11. The Citv should hold meetings annually to educate residents, elected officials and developers on new and emerging issues in natural resource management and surface water management. GOAL #3: SUSTAINABLE BUILDING DESIGN. Objective A: Conduct community outreach regarding sustainable building design principals. Policy/Recommendations: 1. The City should obtain or prepare information relating to sustainable building design for distribution to residents. Such information should address: a. Site selection and layout, b. Optimal energy efficiency, c. Conservation and protection of water resources, d. Use of materials that minimize life-cycle environmental impacts such as global warming, resource depletion and negative consequences for human health, e. Enhancing indoor environment by maximizing day-lighting, controlling moisture and providing proper ventilation, f. Consider operation and maintenance practices that reduce maintenance requirements, including water and chemical use. 2. The City should update its website with a sustainable building design page. information available could include general concepts of sustainable design, links to additional information and pictures/illustrations of sustainable design projects. 3. The City should partner with a recognized expert to conduct a seminar (summit or workshop) for local contractors regarding sustainable building design. 4. The City should promote proper site selection for new construction including promoting consideration of reuse or rehabilitation of existing structures. GOAL #4 PROMOTE LOW IMPACT DEVELOPMENT. Obiective A• Conduct community outreach regarding low impact development principals. Policy/Recommendations: Z. The Citv should obtain or prepare information relatin~to low impact development for distribution to residents. Page 14 of 30 '. kM'~:.'i.. . ~~~.. , :u. t' Y ~E . , Objective B: Incorporate low-impact development principles into the existing City's Building and Land Use Regulations. Policy/Recommendations: ;, i~; ~:'~:' ~' :~u- :h.: ,a ~~><. ~,x~. .~-~ t, ph~T~ r~''~y ~. s+~; es.,u ), , j~ . •~ J. "~?~.,' ~. fa`'~. ,;.. ;.s , K': ~~ F _~ .. •1. , :~ :~r.~: ,•. 2. The City's low-impact development standards should require developments to a. Utilize the "Considerations for Development" map and the ,priority listing of environmentally significant or sensitive areas lsee Goal 1, Objective B, Policy 3) to identify environmentally sensitive features. b. Preserve the natural features of the site or utilize constructed systems that mimic the natural hydrologic system c. Limit storm wa#er runoff rates and volumes to pre- development levels d. Retain infiltrate and filter stormwater runoff before its release into the City's waterbodies e. Eliminate or entrap pollutants before they enter surface waters f. Restore or enhance the ability of soils to absorb, retain, and infiltrate water Page 15 of 30 and others to conduct a seminar (summit or workshop) for local contractors regarding sustainable building design low impact development and other emerging issues. 1. The Citv should amend existing controls or develop and adopt a new ordinance ~~;< .; +~ " ~". ~;, ~~,, 2~tiM-: TABLE 4-1 PROJECTED ACREAGE DEMAND* rr _,; {'. ~ i :.. _`~':~. ~f ~• ;, )~ r . ,,~-. ~ , w : ~~ s ._'~;. ,.~ _. _ .. ;` ~~: ..M- ~; -.~ ~~~r. x. ~ ` ~ ~..~ 4z ~ ~~. ~~ ~: 1 ~'Y'. :. N; ,; ~~ •h ' ~5:~~' . ~~.`. _ >~ ~~~ ~ ~»4 . , ,.~<~. =a;; . ~4.~'k ,~.~. 5,873 1,661 nla n/a n/a 8,117 3,171 1,510 503 654 10,217 3,991 820 273 355 12,808 5,003 1,012 337 439 13,908 5,433 430 143 186 15,753 6,154 721 240 312 9,880 4,493 4,493 1,498 1,947 * Assumes 2.56 persons per household; net density of 3 units per acre, 20% right of way, and 10%parkland. Table 4-1 illustrates a projected need for 1,498 net acres of land needed to accommodate future growth through the year 2030. The net acreage calculation excludes land area required for roadways and parks. Approximately 40 acres of vacant and/or infill lots exist within the community (source: tax class non- homestead single unit). Some of the vacant lots do not include improvements. Therefore, it is estimated an additional 1,450 net acres will be needed to accommodate residential growth through the year 2030. The gross acreage demand will be accommodated under the volume of acreage existing within the orderly annexation agreement between the City and Township. The demand for new acreage needed could be reduced by promoting infill and redevelopment and/or by increasing allowable net density, perhaps by instituting a minimum density per acre within residential zoning classifications. The current ratio of residential to commercial/industrial acreage in the City of St. Joseph is 73°lo to 27°l0. The percentage for the 2002 CPU was 76% residential use to 24% commercial use. It is noted that neither calculation included mixed use developments. Mixed uses account for 114 acres of property within the City. If the current 73%/27% ratio of residential to commercial/industrial property continues, an estimated 550 additional net acres will be needed to support future commercial and industrial growth. uses: The future growth boundaries depicted on the Future Land Use Map (Map 4-6) at the close of this Chapter contain more acreage than the gross acreage demand noted above (a total forecast need of 2 497 acres) The annexation areas in contrast to the forecast include almost 11,000 gross acres. As noted later in the plan to meet the goal of efficiently extending urban services the city will need to implement a coherent staging plan Setting clear staging goals will prevent premature extensions of infrastructure and limit the chances of a sprawiina development pattern into the agricultural and natural Page 16 of 30 r. .~.:.. r' ~ .~- ~ ~ '~. ;fir' a , . `w I~ IM S "~ ~E .. ~~ ~~ d 'a.5~ ~. a+ ", ;:ar, r._~.. .. ~~:~c~~'.t. . h„ .rte'%` '--,_s~ +;~..~,.~-,~_i_, ,_ . ~ ~ r}f'~`. . . ~ ,~ v .~ , .~:~ ~, .: Page 17 of 30 i.~i~h~' n•y _. :~Nr ~t v, ~. L• ..e, .~~~ !'~ :: .Z c. '~` < nth^ ~• x ; ~° y ; *~--t r .~~' ~: . p~,._ A(y~. ,. ~~*~,~. ~~ oj'. .~ ,'" ~~s r: ,ice, ,. , ~ . ..:,w ~- .~;~: r,,. ~, ~: . ;.: ~. ~, ~. h-~ 1~.r .. ~: VI. FUTURE LAND USE Map 4-6 at the close of this chapter offers a visual representation of future land use projections. The future land use map boundaries are coterminous with orderiv annexation area boundaries. This plan and subsequent documentation takes into consideration the land uses that have previously been approved_by the Citv and the future land uses are intended to result in compact, contiguous development. The ultimate build-out portrayed in the future land use map efficient{y uses the existing and proposed infrastructure and capital investment As previously noted however there is considerably more acreage included in the future land use map than the City will likely serve by the Xear 2030. In order to ensure compact contiguous development and efficient use of existing and proposed infrastructure and capital investment the city will stage development in response to market conditions protect natural systems when development occurs and retain the viability of agricultural areas that contribute to St. Joseph's rural Vtf. ANNEXATION The City of St. Joseph and St. Joseph Township entered into a joint annexation agreement effective January 1, 1997 which has recently been amended. The original annexation agreement divided a portion of St. Joseph Township into atwenty-year annexation area with annexation eligibility achieved at either five or ten year increments. The annexation area is depicted on the Map 4-7 at the close of this chapter. The City and St. Wendel Township have held orderly annexation discussions since 2002, however, it was the consensus of the Township that annexation (related to providing centralized sewer to riparian lots) was not appropriate at this time. The City of St. Joseph will be responsible for providing centralized urban service to St. Wendel Township when a petition is submitted and approved. Table 4-2 below illustrates existing land use volumes within the orderly annexation area as of February of 2008. It is noted the vast majority of property within the annexation area is used for agricultural purposes. Page 18 of 30 ,.,,:,; ~.~ `: ,~~,.;. .;~..,> ~,,_ . `, , ~ , ~c . .F . ,k. .: ~-'~ .. c~"rte ~~. P4 ,~~~;~. ; ~,. f '_:~ ~< _~: ~, ~;:. ~~'#; ir~F ~,:;; .. -~`.'.. s ;.. ,~,,,,~,~, r. , ,;~ ~`~ ~ ::;;,, _~.~ , ;~~;: ~ ~~ „~~_ _~µ .:'~` ,7., ,,~ ~'ti'µ , } ~r .. ~.,.,., da-«.: ~,..~:r . F~:~x a .~ ~ .. ,', M: R! ).. While St. Joseph has planned for annexation of a large potion of St. Joseph Township, most of this area will remain as urban reserve within the tenure of this plan (20301. Until market conditions warrant extension of urban services (or the creation of conservation subdivision areas that permanently protects natural systems and scenic vistas) the annexation areas will remain under land use control of the Township and County The city will consistent with the goals of both this Plan and the Stearns County Comprehensive Plan work to prevent premature subdivision of these areas and maintain an agricultural density of one unit per forty acres. Urban services will be extended sequentially in order to ensure a compact development pattern. Annexations and subsequent subdivisions will include natural resource assessments to ensure protection of green infrastructure Page 19 of 30 TABLE 4-2 EXISTING LAND USE -ORDERLY ANNEXATION AREA r-: 'P. .Ati 6; S1i "~= ..~~:~, - A -.. :;{ T _x f' i+ 1; 'r1.: ~ ~. . ~n~ (f~'9fY llf~ .L. w ff }" SY ', y~ .:~;N . .~~ t~;ti <~;~ ';,~:. •~,* .. . ,,. a:',.. The City of St. Joseph features plentiful natural resources including several wetlands of diverse types, several old growth tree massings and the South Fork of the Watab River. The City is committed to preserving its natural resources as evidenced by its review of storm water drainage issues and its desire to educate the public on issues relative to surface water quality. The City of St. Joseph has not adopted a surface water management plan. However, the City's zoning and subdivision ordinances include standards pertaining to on-site storm water management and erosion control plan approval processes for all commercial/industrial land disturbing activities and new residential subdivisions. To protect and perpetuate the City's natural resources it is recommended the City adopt a comprehensive surface water management plan, as described below. Identifying funding sources and authorizing the development of the plan rests with the City Council. A. Managing Stormwater Runoff Stormwater runoff is a leading source of water pollution The Minnesota Pollution Control Agencv (MPCA) is the ~ermitting_authority in Minnesota for the National Pollutant Discharge Elimination System (NPDES), the federal program administered by the U S Environmental Protection Agencv (EPA) to address polluted stormwater runoff Federal NPDES regulations were developed by the EPA in two phases The Phase I Stormwater Program was established in 1990 The Phase I federal regulations require two general categories of stormwater discharges to be covered under a NPDES stormwater permit: 11 regulated categories of industrial activity including construction activity that disturbs five or more acres of land, and municipal separate storm sewer systems (MS4s) serving populations of 100 000 or more. The MPCA established the Phase I Stormwater Program at the state level in 1994 and 1995. The Phase II Stormwater Program was established in 1999 Phase II expanded the scope of the NPDES Stormwater Program to include smaller MS4s in urbanized areas. construction activities that disturb between one and five acres of land and smaller municipally owned industrial activities. The MPCA established the Phase II Stormwater Program and the state level in 2005. Page 20 of 30 VIII. SURFACE WATER MANAGEMENT ,_ . ~, ~; - f .~Zy # , ~•;, ~. :~_ ~~«~:; ;~.: The City ofi St Joseph is included on the list of cities that must obtain a NPDES Phase 11 permit. To obtain the permit the City is reauired to develop a stormwater pollution prevention program (SWPPP} to address six minimum control measures: 1) Public education 2) Public involvement 3) Illicit discharge detection and elimination 4 Construction site runoff control 5) Post-construction runoff control 6) Pollution prevention in municipal operations The City must identify best management practices (BMPs) and measurable goals associated with each -,~~ ~ minimum control measure An annual report on the implementation of the SWPPP must be submitted to ~~,~., the MPCA. s>. '~'~ ~ B. Impaired Surface Waters r,, a The federal Clean Water Act requires states to adopt water-quality standards to protect surface waters ~~~~- ~~ from pollution These standards define the amount of a pollutant that can be in the water and stilt allow ~. ;~ - the water body to meet its designated uses such as drinking water fishing or swimming The MPCA has ``% established standards for a wide range of pollutants including bacteria nutrients. turbidity and mercury. A ~~' water body is considered "impaired" if it fails to meet one or more water quality standards. The MPGA publishes a list of impaired waters waters not meetingwater quality standards) every two years For each water bodYon the list the MPCA will conduct a study to determine the allowable Total Maximum Daily Load (TMDL) for each pollutant that exceeds the standards. Local governments are required to incorporate completed TMDL studies into their surface water management plans. The 2008 impaired waters list includes the Sauk River which flows through St. Joseph Township south of the current City limits. This reach of the Sauk River is listed for fecal coliform, polychlorinated biphenyls (PCBs) and turbidity. The South Fark of the Watab River which flows through the City of St. Joseph is listed for mercury The MPCA has completed a statewide TMDL for all waters in the state listed for ;~.~ mercury and the Sauk River TMDL is expected to be completed in 2009. ~~=; ~,~ ~~, C. Additional Studies ~~ ~~ ~''~~ The additional studies described below will help the City manage its surface water resources more ~''' effectively. y,~,,~ ~:.: t Surface Water Management Ptan As noted above a Surface Water Management Plan (SWMP) would serve as a guide in conserving, protecting and managing the City's surface water resources The purpose of a SWMP is to identify water resources problems and solutions and help the City manage the increased runoff associated with future development and land use changes The plan should include a full review of the current surface water system in St Joseph Watersheds and runoff paths should be identified and mapped. This information can used to create a hydrologic model of the Citv A hydrologic model can help the City determine how to effectively manage stormwater runoff. Natural Resource Jnventorv and Assessment A Natural Resource Inventory and Assessment (NRIA) catalogs and assesses the natural resources found in a particular area An NRIA should document the geographic location ecological integrity and importance of natural resources within the City's boundaries. A NRIA provides guidance regarding the .,~;_ :~~- w. :~;~~; °^ ,,.. r r~~ . ~~ . ~~~* Page 21 of 30 __ ~ '~" i ._ 'a°. . 3r' ~, ` ~. f.4.! '~,i ' !l ~~~ .I:~JC.. C.1 . ~Jc!'ti+ ~ i..i. ~.. ..~..- . ~r rY~~' ~$'~,.~ t~~:. ..-~ .~a . y; -:an~Tta-f , :fi w~+r ; .' 1, i.~~~ .- wa, ' -Y,.,. -' ~. F~. i ~. a p. ~, c ~. ..-0:.17!^.. .5. F. ~ ~~Wy long term stewardship and protection of resources The NRIA should also include an assessment of the functions and values of wetlands within the City The information can be used by the City to make informed decisions regarding development and conservation and management of natural resources. Ordinance and Program Review Effective ordinances and associated implementation programs are the keys to implementing the visions laid out in the comprehensive plan In order to ensure that the Citv's controls are adeguately protecting surface water resources it is suggested that the City review existing ordinances and programs relating to Page 22 of 30 ~,. r, .,, ~> f~'~; ~; ; . ,, .~~; f~,.~ fix` "~~ ~> ;.~;,.. :~,~ ,-. ,. . . . }N s r ~: ~. 3l~~y. ~.~ 4 {:~:< ~~,, _i ~~;;, ,~ ..~ IX. LAND USE PLAN ~ DISTRICT PLANS A. LAND USE PLAN -GENERAL Changes in land use are inevitable and fundamentally variable. Sometimes within a community, the pace of change may be nearly imperceptible; other times the pace of change may be so swift it's unsettling or daunting. Furthermore, land use change may take a multitude of forms. For example, change within a single community could include new housing development, new industrial development, decline in structural conditions within the original townsite, and/or movement of `downtown' businesses to highway commercial corridors. St. Joseph is a rural growth center with a distinctive downtown, a growing number of residents, a potential for future highway commercial, and assorted park/recreational opportunities. The City has set for the following policy plan intended to guide future growth and redevelopment within the City. GOAL #1: FLEXIBLE, CONNECTED, AND EFFICIENT MANAGEMENT OF GROWTH Objective A: Proactively collaborate with adjacent local units of government, educational institutions, and regional entities to manage growth. Policy/Recommendations: through a capital improvement plan and by reviewing proposed subdivisions to determine: a. Impact on existing and future transportation facilities, b. Impact on existing and future surface water management systems, c. Adequacy of park facilities within the proposed development, d. Appropriateness of the proposed use(s), e. Adequacy and quality of proposed sanitary sewer and water facilities, and, Page 23 of 30 1. The City should collaborate with Stearns County and St. Joseph Township to help ensure land use decisions in areas likely to become urban in the future are not counter-productive (e.g. development of subdivisions with decentralized water/sewer facilities in the orderly annexation area). The City will support County land use controls in urban expansion areas that limit residential i.r~Sb'#.~. t k.:; rJ;++si~x< , . ~-. t _~~~ ~. ~ x: ~.~ ~` k f~ lw a ;4.: ,., f. If sufficient capacity is available within proposed sanitary sewer and water facilities to service the proposed development. g. Adequacy of administrative and/or community services (i.e. general government, public works, police/fire protection, etc). h If proposed subdivisions are contiguous with other developed i. Impact on green infrastructure (natural systems, water quality. .~. a -_~Q'~ . ~; .~~. ~.~ ; ?, :,a,; -- t; }^.?Fti .~ r:'y a`~ c C~~at. '.S tit- u ~f . ~, ~r~,'_ ~ x . .R ~~~,. _~ " ~r:~ . 0. ', ::~ ~^, fit'. ~~y . ~;~; - x~., :- ~N aj :>.w+~:.~..:,.: , .ayk..ih i v:-o; <~tie,~-. 4. The City should collaborate with Stearns County and St. Joseph Township to minimize conflicts between agricultural and non-farm land uses through local ordinances and official controls. The Citv will, in development and administration of local controls. recognize agriculture as a desirable land use for both character and economic goals in areas connected to the ultimate extent of annexation and The City should require staging plans be submitted with all requests for concept plan and/or preliminary plan/plat approval so as to monitor improvement needs/timing and volume of vacant acreage. 6. The City should concentrate public investment in projects which achieve multiple goals such as commercial revitalization, environmental restoration/preservation and housing stock diversification. 7. The City should adopt Individual Sewage Treatment System (ISTS) management ordinances and implement a maintenance program (consistent with Minnesota Rules Chapter 7080-7083). 8. The Citv will consider designating conservation subdivision standards for annexation areas with high value natural resources (as identified in the NRIA, discussed earlier) and that may not require urban services to accommodate GOAL #1: FLEXIBLE, CONNECTED, AND EFFICIENT MANAGEMENT OF GROWTH Objective C: Work with local and regional partners to conserve, protect and enhance the regions vital natural resources. Page 24 of 30 3. The City should take measurable steps to implement the Comprehensive Plan as may be amended. i'A:K:4~s.+'~. e~, ~Y ~' `~nM ~ , 1~'r F . ~~ r ~~ ~'~~ t •. f. ,; ; ~k~ .' , t ; A,~k ^ ice- r~'i." . ,~... ~4. .{ ....-: ~.: ?~r.. ., .`~~~4 w. ~: ~,~~"_ ~{ ~r~f~ .~ i ~. ~,, ,;'; , t,::, ~~~ '~. , ~. ~; . '; ., . . ~;',~:' °,~ ~' ~~ ''n:~k y ;~~.a'~ - tK.~".» + ? ~ ~!y-' r-- Policy/Recommendations: The City should conserve natural resources - particularly surface and groundwater resources -and protect vital natural areas when designing and constructing local infrastructure and planning land use patterns. 2. When making land use decisions, the City should refer to policies relating to protection of environmentally sensitive or significant areas and water quality policies contained in Chapter Two of this Comprehensive Plan (Physical Profile). 3. The City should request consultants preparing plans and specifications for new municipal facility construction projects consider Minnesota Sustainable Building Guidelines (MSBG). 4. The City should consider implementing MSBG in new municipal facility construction projects. 5. The City should address MSBG in development manuals or site plan/subdivision review criteria and provide MSBG educational materials to residents and builders. 6. The City should consider completing a local natural resource inventory which could identify the precise location, quality, and quantity of resources within the City and the annexation area. Such information can be used to prioritize areas for protection/preservation as urban development occurs. The City could investigate partnering with other agencies (e.g. watershed management organizations, educational institutions, etc) as a means of lowering the cost of conducting the inventory. 7. Alternative to #6 -City will pursue the identification of significant scenic. cultural and natural areas that contribute to the quality of life of St. Joseph's residents. The City wilt enaaae in a natural resource inventory and assessment by 20 fundin~permittina which will identify natural communities to at least a level 3 MLCCS ctassification The City will then develop a map or open space plan to -- __ ,- 8. The City should work with property owners to consider conservation of high quality or locally/regionally significant environmental and/or cultural resources. Page 25 of 30 ` ..,. ~~ ' - ~,w~w. '"=~. ~ '7R. ~~* f~, _~:: '::.. ~,~', .,~ ~:.: w: . ,~A ,. ~:~ .r;:w.,.., _. `~ ~i,: >- . ~; ~', ~; ,w p. ;, . ~,.,, ,~ t GOAL #3: PRESERVATION OF SMALL-TOWN ATMOSPHERE, COMMUNITY IDENTITY, AND HISTORIC CHARACTER Objective A: Work to ensure the City of St. Joseph continues to be a community with its own distinctive character and sense of place. Policy/Recommendations: 1. The City should retain existing places and spaces where people gather and interact, especially within the Central Business District (i.e. Downtown). 2. The City should embrace efforts to preserve and brand the Downtown as the historical focus of the community's heritage through its "Let's Go Downtown!" revitalization program. 3. The City should consider allowable uses, design guidelines and mixed use opportunities within the Downtown as a means of providing for amulti-functional, pedestrian-oriented Downtown core. 4. The City should deliberately strive to establish and retain government/social services, the post office, the library, educational facilities and other places of assembly within the Central Business District. 5. The City should adopt environmental preservation standards which protect prime examples of landscape characteristics such as the Sauk River corridor, woodlands, and wetlands which have historically defined the scenic (visual) and physical qualities of the City and region. Standards can be created as performance standards agDlying_to specific resources such as a woodlands protection standard an overlay district that applies additional natural system/natural heritage protection in specific areas or as part of a conservation subdivision and design ordinance. 6. The City should review structure siting guidelines as they relate to the development of commercial nodes and related uses adjacent to the Highway 75 corridor so as to promote the corridor as an aesthetically pleasing and balanced reflection of community values and priorities. 7. The City should require infill development in previously built-up areas be sympathetic in scale and bulk to existing development within the immediate area. For example, redevelopment in the Central Business District should be designed to place buildings forward on lots, have parking in the back of the structure, and require minimum densities similar to existing development (e.g. 90% of the lot may be required to be covered by structures). In another example, infill development in residential neighborhoods within the original townsite could be required to be similar to the existing housing styles -either single story or two story, depending on what is most prevalent. 8. The City should work with Downtown property owners to implement design guidelines developed by the Urban Environs Work Group in conjunction with the "Let's Go Downtown!" project. Page 26 of 30 ~~ ~, b~. MY^ a District One Portion of District `Developed' Approximate Location District One occupies an area south and west of Interstate 94 (within St. ~ Joseph Township). The approximate boundaries include: • South and west of Interstate 94 • Sections 7,8,16,17,18,19,20, & 21 of St. Joseph Township . ; :t ~," }„ :a ~ .. - ~~~t ''. Y~ -t ; M: ~, ;°.~ ~.~~~ ;.w. ~:~ r: ,' ; ~5 s $; ~, 4i! Ck ,: s ~ 1r ~, w ~ ~.:=_ .~;,.. .~~'~: . ~ ,,, '~ c~t+~+'..^.. NA.... v~;4 ,. ` ~' ~ Y R. ~ ~fa•~ ,yi A.' ' i ~Y District One is located at the western edge of what is likely to be the ultimate growth boundary for the City of St. Joseph, abutting the "Avon Hills" area (as identified in the County Comprehensive Plan in Total Acres in District: 5,310 acres Number of Acres Platted: 622 acres platted; 4,688 not subdivided ^ Subdivided Ac. ~ Non-Subd. Ac. Number of Acres with Potential Development Considerations: 2,501 acres (flood plain, public water, hydric soils, wetland, and slopes greater than 15%) Areas of Stability and Areas of Change: Earlier in this chapter `areas of stability' and `areas of change' were identified. Areas of stability are places the City expects to remain relatively constant over the duration of this Plan. Therefore, the primary land use objective is protecting the area from intrusion by incompatible uses. Areas of change are expected to modify, transition or transform in the relatively near term. Therefore, investment whether public or private, is expected in new development or redevelopment efforts. Land area not labeled as `change' or `stability' are not expected to be serviced by municipal utilities in the near term, however, conditions leading to utility extension and/or subdivision can change. Neither areas of stability or change have been identified within this District. Prominent Features Prominent features within Planning District One include CSAH 2, Kraemer Lake, CR 51, Frontage Road, several areas of relatively intact woodlands and wetlands in Sestiens-7-ar~d-$ predominately in Sections 7 and 8 but also in other parts of the district. Existing Land Use Existing land uses primarily include low density rural residential and agricultural uses, with some substantial natural area holdings in the northern-most sections of the district.- Proposed Future Land Use ~ ,, Page 27 of 30 ~` ~R~ ~Y 3.' ~e. 'r9~~., r ~° ~ s.r '~*yr ~4 .._ . ~_~ ~ ,~ .,., ,: ;~~.~ .i„ , ; ~ -f t= ~. ~~q5 ~" ~L `~ t~.,~w ,«'., /' '.F~iN.':: „Sf. 1~ ry ` ~« j:~.[r3r. .~f ,;!'• n t "r;rc.l 5 4w,:t .. k Mik $'i Z ~ r1 ~.~ypj~w r ~n,;u-#e!~- Page 28 of 30 ~,}L N.".~ . 4 . ' yam„ r ~ ,, k. ~ F y ~~ ~i ~~. r . ~~" M,. #.-: .. >1_:x,-; `+ i,~ , Q b_ :) ~~~ }~ ~~'°-~ ;~^~* ,, , a~ , ~; ''~ t: ~.`'i:::~i ' .. ~~,~ .. ,. ;!. ~ < ,~_ .u ~i;i- !M v ;a+. „. ;•~~ ?. ,`o- .'~ tl`: Proposed future land uses within this districts as shown on the future land use map. include a breadth of types and mixes. The district is included in this planning effort as a means of providing sufficient guidance in planning and designing the ultimate gray and green infrastructure for this district. As such, the locations and density of the buiidout, and future utility sizes, placement, and location will be de endent on the market need for urban expansion and upon conducting a NRIA. The NRIA can be conducted well in advance of development, possibly in conjunction with the watershed district, Stearns County, area universities or other~overnmental stakeholders Annexation and urban development of properties within this district wi11 be subject to St. Joseph's staging plan to ensure efficient extension of infrastructure. g_rotection of the district's green infrastructure. Until such time as compact efficient development extends from the existing urban pattern of development out to Interstate 94, this district will be maintained as urban reserve. Until annexed by the city. the County and township have land use responsibili~ for this district. The area is currently designated as Agriculture or as Avon Hills Natural Area in the County's Comprehensive Plan and is currently zoned A-40, an excellent holding pattern until market demand is sufficient for the city to annex. Based on the NRIA the City will more comprehensively plan for the pattern of development and the appropriate mix of land uses commercial, industrial, residential, open space, agricultural) that meet the city's land use goals, objectives and policies. Page 29 of 30 s~ , Yrt~ 1' _.A, ,,. . CONCLUSfONS i _,~,s 1. The Administrative Law Judge has jurisdiction in this matter under Minn. Stat. §§ 414.06 and 414.12 and by the assignment by the Director of the MBA to the Office of the Administrative Hearings. Z. Proper notice of the hearing in this matter has been given and it is properly before this ALJ. 3. Petitioners have the burden of proof to demonstrate by a preponderance of the evidence that the statutory criteria for detachment have been met 4. Minn. Stat. § 414.06, subd. 3, provides in part: ,_,~ m . . _. '. ~:,,~,'; ;~~+_ ;. - ~' , . .,.; . :~ {. _~~ . Upon completion of the hearing, the chief administrative law judge may order the detachment on finding that the requisite number of property owners have signed the petition if initiated by property owners, that the pfoperty is rural in character and not developed for. urban residential,. commercial or industrial purposes, that the property is within the boundaries of the municipality and abuts a boundary, that the detachment would not unreasonably affect the symmetry of the detaching muniapality, and that. the land is nvt needed for .reasonably anticipated future development. The chief administrative law judge may deny the detachment on finding that .the remainder of the municipality cannot continue to carry on the functions of govemment without undue hardship. 5. This proceeding was property initiated by a Petition for Detachment signed by 83 of the 84 properly owners in the subject area, and therefore satisfies Minn. Stat. § 414.06, subd. 1 and subd. 3. 6. Because the subject area is rural in character, and it has not been developed for urban residential, commercial or industrial purposes, the criterion set forth . in Minn. Scat. § 414.06, subd. 3 is met. 7. Because the subject area is within the boundarres of the City and abuts a' boundary of the City, the criterion set forth in Minr1. Stet. § 414.06, subd. 3 is met. 8. The detachment of the subject area would not unreasonably affect the symmetry of the City. Detachment would only shift the southern border of the City north approximately one mile. The Petition therefore satisfies the corresponding criterion set forth in Minn. Stet § 414.06, subd. 3. 9. Because the subject area is not needed for reasonably anticipated future devebpmerrt; the criterion set forth in Minna Stat. § 414.06, subd.. 3 is me#. 10. Because the detachment of the subject area would not affect the City's ability. to carry on the functions of govemment and the City would -not suffer undue hardship, it satisfies the final criterion set forth in Minn. Stat. §.414.06, subd. 3. 8 *., ,~.~.. '. > 11. Minn. Stet § 414.06, subd 3, provides for allocation of debt between the ~' ~ ` entities as follows: The detached area may be relieved of the primary responsibility for existing indebtedness of the municipality and be required to assume the indebtedness of the township of which it becomes a part, in such proportion as the chief administrative law judge shall deem just and equitable ... . 12. Minn Stat § 414.067, subd. 1 provides as follows for the allocation of outstanding debt to a divided muniapality: Township or municipality divided. Whenever the director ~ chief . administrative law judge divides an existing governmental unit, the director chief administrative law judge, or other qualified person designatetl by the chief administfative law judge with the concurrence of the parties, may - ~ apportion the property and obligations between the govemmental unit z .~ ~£ adding territory and th~ govemmental unit from which the territory was ~. ~~ . obtained. The apportionment shall be made in a just and equitable ~. ! ..~ - !-;, ~ - manner having in view the value of the existing township or municipal property located in the araa to be added, the assets, value, and loca#ion of all the taxable property in ~~ existing township or municipality, the indebtedness, the taxes due and delinquent, other revenue acaved but not paid to the existing township or muniapality and the ability of any remainder of the township or municipality to function as an effective govemmental unit. The order shall not relieve any property from any tax liability for payment f~' any banded obligation, buf the taxable properly in . the new muniapality may be made primarily liable thereon. (Emphasis -'~ :w. ,: ~ added). 13. Any conclusion more properly denominated a finding is adopted as such. Based upon these Conclusions, and. for the reasons explained in the ~,~~ accompanying Memorandum, the Administrative Law Judge makes the following: n~ ~~ IT lS HEREBY ORDERED that: 1 2. ORDER The Petition for the `Detachment of the Subject Area from the City of Rockville is GRANTED. The subject area shall remain re$ponsibie fior its .share of the. City's outstanding Fire Hal( and: City Hall debt in the amount of $148,107, as calculated in Findings of Fact Numbers 47-50. The allocated amount of the Fire Hall debt shall not be collected if the same coals are covered by a. fire protection contract between the City and Maine Prairie Township. 9 ;,, `' . '~`: ~' ~.:.. `~a g.,~ - 3. The Executive Director of the Muniapal Boundary Adjustmerrts Unit shall cause copies of this Order to be mailed to all persons described in Minn. Stat. § 414.09, subd. 2. 4. Pursuant to Minn. Stat. § 414.12, subd.3, the cost of these proceedings shall be divided as follows; to .the City, 40°~, to Petitioners, 5096, arx! to Maine Prairie Township, 10°~. 5. This Order becomes effective November 5, 2008. `~~"` " Dated: October 30, 2008 ;~z {^ ' RAYMOND R. KRAUSE . ~ Chief Administrative Law Judge Reported: Digitally Recorded NOTICE This Order is the final administrative decision in this case under Minn. Stet. §§ 414.06, 414.09, and 414.12. Any person aggrieved by this Order may appeal to Steams County District Court by filing an Application ~ for Review with the Court of Administrator within 30 days of the date of this Order. An appeal does not stay the effect of this Order.'` - - - Any party may submit a written request for an amendment of these Findings of "~`~~ ~~' Fact, ~ Conclusions of Law and Order within 7 days from the date of the mailing of the ""'p ~: Order. A request for amendment shall not extend the time of appeal from these K:;: Findin s of Fact Conclusions of Law and Order. ;u~~: <~ MEMORANDUM . This is a detachment proceedng under Minn. Stat. Chapter 41+4 to consider a petition flied with the Municipal Boundary Adjustment Unit. Eighty-three of the eighty- four property .owners ~of the soUthem edge of the City of Rockville seek to detach from the City and become part of Maine Prairie Township. The- Petitioners seek to detach because the subject area is .rural and agricultural and therefore better suited to township governance. I Statutory Factors - i As set forth in Minn. Stat. § 414.06; subd. 3, a petition for detachment may be granted if: 1) the requisite number, of property owners signed. the petition; 2) the ~, ~' , ~ property is rural in character and not developed for urban, residential, oommerc~al or r. Y.e, ~ ~ ~ industrial purposes; 3) the property is within the boundaries of the municipality and ...,; -- l ~"~ ~' 44 Minn. Scat. § 414.07, subd. 2. ''~ Minn. R. ~i000.3100. 10 abuts a boundary; 4) the detachment would not unreasonably affect the symmetry of the detaching municipality; and 5) the land is not needed for reasonably ~antiapated future development. Here, all factors are met. The requisite number of property owners within the subject area signed the petition. The subject area is rural in character. It is, and always ~, ~~ 'i has been, agricultural land, and the City has done nothing to change the area's rural „F-.._ ~`~" ~ ~ character since the consolidation in 2002. The subject area is within the boundaries of the City of Rockville and abuts the border of Maine Prairie Township. The detachment would shift the City's southern border to the north by approximately one mile and would not affect the symmetry of the City. Finally, the land is not needed for anticipated future development: City officials testified- that the City had no plans to develop the property. In fact, the City revised its Comprehensive Plan and enacted zoning ordinances to _ ensure the sLbtest-area retained its rural character and open spaces. The legislattrr~, xp kitty found that municipal government "most efficiently provides govemmentat services in areas intensively developed for residential, commercial, industrial and governmental purposes." Conversely, the legislature has ~.., gyn., ~ fotand that township government "most efficiently provides governmental services in .` ~~~ -- ~~ areas used or developed for agricultural, open space, and rural residential purposes."47 ~ ~ ~ ~ Here, the subject area is undisputedly rural anal all other statutory factors a e area is better suited to town e e on ou granted. ,.,, "~ ~°` Undue Hardship ,.. ~ , -' ~ ~'Y~_ ' Even if all the statutory factors are met, the petition for detachment may still be denied if the remainder of the municipality cannot continue to carry on the functions of ~~ government without undue hardship. . The City argues that the Petition should be denied because it wilt be unable to function on a reduced budget. . ~; ~ As discussed above, the City is projected to lose approximately $38,000 in tax revenue .from the subject area, or 1.65°10 of the City's 2009 $2.3 million budget. The loss in tax revenue is statistically insignficant. Moreover, Maine Prairie Township will assume approximately 15% of the City'srroads, many if not atl of which are in need of ~. maintenance which is ftot in the City's budget. Though the City has suffered drastic ~'~ ~„, ,° losses in LGA and mi ht be restricted b lev lirt~itations in 2Q09, the minimal loss in ~~~ ~± ~ revenue attributable to detachment will not cause the City to suffer undue hardship. .r :~... Detachment after Consoliidation ~~: . , The City argues that because the City was formed under the combination statute, Minn. Stat. §465.81, the detad~ment statute, Minn. Stat. § 414.06, does not apply. Minnesota law provides for the- establishment of a new city .from the combination of two or more cities and townships. The law allows multiple local governments to develop a '~ Mlnn. Stat. § 414.01, subd.1a(2). ! 4~ ld. A8 Minn. Scat. § 414.06, subd. 3. I 11 ~• . _. ., _ _ _ _ . . ,. ai,n plan to share services, and to provide speafic goals for the merger, speaf~c plans for ' the resultin~ entities and a procedure for merging .the entities and combining their operations. The law focuses on providing for efficiencies in government; and does not dictate the characteristics of the partiapating units or the final combined entity. For example, the statute has no requirement for the population, location, densit v~d urbanization, infrastructure, or municipal services for the merging units or the final city. The City argues that the current Petition should be denied because the legislature has expressed the preference for efficiency in local governments, long-range plannin~ and cooperative -efforts between local governments in Minn. Slat. chs. 465 and 414, and detachment fails to meet the legislature's goals. The City further argues that the detachment petition must be "subjected to scrutiny" to ensure detachment would not create inefficienaes ih local govemments. It argues that under section 414.06, the ALJ has discretion to approve or deny a petition for detachment and that the ALJ must consider the public policy of the law, in addition to <~~ the plain language of the statute. It argues that if a combined city must constantly ~:-~:~ ' defend its boundaries, it cannot plan for its future and the goals of the cooperation and ~.,: ~ . . `~ .T;` `. ~ combination IaWs are lost. The City's arguments are unavailing. First, the detachment here furthers the legislative preference for township govemment of rural land. Though it is true that the { legislature has supported. long-range land use planning so that cities can effiaently provide services and preserve agricultural land and open spaoes,~ the legislature has also expressly stated that rural, agricultural land is bett®r suited to township, rather than municipal, government. Detachment here furthers the legislature's preference for township govemment for agricultural and open space land. Moreover, there is no reason to deny the Petition simply because the City was formed under the combination statute. Nothing in the detachment statutes concerns or pertains to whether the city was formed by combination. The statute states specific ` independent criteria for detachmenrt, without reference to consideration of any goals of ~x~a~ °~ ~ prior consolidation; -or any---regained finding of a change in circumstances since '~ consolidation. Likewise, nothing in the combination statute (or even the special ` legislation passed to allow the combination of the City of Rockville) prohibits a later ~~-< ~, . " ~ , detachment from the combined municipality. That is, the borders of the sties which consolidated under the combination statute or through GIC approval are not inviolate or immutable to later change. In fact, the boundary of the City of Rockville has already been modifiad in 2006, -after consolidation, in a concurrent detachment-and annexation proceeding. The combination statute does not mention or prohibit boundary ~ Minn. Stet. § 465.81, subd. 1. i 50 See Minn. Stet. §465.80, et seq. 51 Minn. Stat. § 414.01, subd. 1 a(5) ("long-range joint powers planning or other cooperative efforts among counties, sties, and towns should be encouraged. ^~. ~ . ,. , _ ~ See, eg, Minn. Scat. § 414.01, subs. 1 a(3), 1 a(5) and 1 b(3); Minn. Stat. §462.351. `~ _~ ~ Information available from Municipa{ Boundary Adjustment unit, htta://www.mba.state.mn.us. In G addition, the cities of Norwood and Redwood Falls v~re also combined under the combination statute, Minn. Stet. § 465.81, and. the boundaries of those cities were modfied after consolidation through ortierly annexations and annexation orciinances. ~~ ~' _ . r:` ~ tom. f;. 12 {~'lp.p:. ~.. ~: Y,.. .~~. .. 4 ~r r. , , ~;. ~ _. 4 ~~jy.r'~4lV v.Y4 -' ,:~. _:~ ,,:.. ~~. modifications aFter combination. The fact that the City was formed in a combination process is irrelevant to the instant petition. Though the City raises legitimate policy concerns arising from the juxtaposition of the combination and detachment statutes,. the ALJ is not free to deny the petition because detachment would subvert the. goals of consolidation. The detachment statute is not ambiguous.. It provides that the ALJ may grant a petition for detachment if certain factors are met, and that the ALJ may deny the petition upon finding that the remainder of the municipality cannot continue to carry on the functions of government without undue hardship. No other reason for denial is given in the statute. Because section 414.tJG is not ambiguous, there is no need to delve into the murky world of legislative intent. Under well-established principles of statutory construction, a court is not free to consider the legislative intent if the words of the statute are clear. Even though the City may not be able to fully realize its consolidation goals of effiaency and land use planning as easily if the subject area detaches; the City can still cany out the functions of government without undue hardship. The ALJ is not free to substitute his policy judgment for the clear language of .the statute or deny the petition simply because detachment would hamper but not prevent the comprehensive plan from being implemented. Shoreland Management The City has argued that the subject area should be reduced to exclude the shoreland area of Grand Lake so that the City can effectively enforce its newly enacted Shoreland Ordinance. Steams County manages the shoreland in Maine Prairie Township, and the shoreland within the City. The City, however, is considering a new ordinance which, according to City offiaafs, is more restrictive than the ordinance enforced by Steams County. The City's arguments are unavailing for three reasons. The proposed ordinance is not in record and the ALJ is unable to determine whether the City's proposed ordinance is more restrictive than tha# of Steams Courrty. Secondly, if the ALJ were ~to exclude shoreland property from the detachment area, the remaining area would be so piecemeal that it would dramatically affect the symmetry of the City. For example, portions of Sections 32, 33 and 34 would have to be excluded from the detachment area because those sections inGude the shoretands of Grand Lake, Mud Lake and Marty Lake. It appears that there is shoreland in Sections 35 and 3fi as well. The shoreland abuts so many individual parcels that it would be impractical to exclude only individual panels from the detachment area. The ALJ is unwilling to exclude the shoreland in the detachment area because the result would lead to multiple parcels being arbitrarily divided between governments and lead. toexcessive confusion as to the boundary between Maine Prairie Township and thee. City. Lastly, and most importantly, the ALJ is unwilling to exclude the shoreland because it will be effectively managed by Stearns County. As discussed, all municipalities have a statutory .obligation to manage shoreland: Though many 13 ~; ,.. ,.. ,$, ~ .;_, ' ,:<.;" '~,,:.., ,;».. ,~,: ,_ -~rt,,..~. ,. ; ~~~~ ~~,;_'.. 4:,~ :F ~~~• ., ~ ~~ y r. ~.~ ,~~ t~ ~~w~ ~. ~ ~ ,. ~~ ., y~ ~ •I' municipalities adopt the Department of Natural Resources model shoreland ordinance, they are free to-adopt ordinances which are more restrictive. As a result, the shoreland restrictions throughout the state vary according to the enforcing municpality. In other words, the mere fact that the City's proposed ordinance may be more restrictive than the ordinance enforced by the neighboring municipality; Steams County, is not.a rare occurrence that would justify the denial of the Petition. Rather, the City of Rockville and Steams County must, as all local governments are required to 'do, work together to manage the rivers and shorelands. The subject area should not be reduced to exclude the shoreland areas. Allocation of Debt Minn. Stat. § 414.06, subd.3, gives the ALJ the discretion to relieve the detached area of the primary responsibility for the existing indebtedness of the municipality as is equitable. The ALJ determines that it is not appropriate to entirely relieve the.detached area from its share of the municipality's indebtedness. As calculated above, the Subject area's portion of the outstanding City Hall and Fire Hall debt totals $148,107. The detachment area was part of the City when the debt was incurred and w2s part of the tax base that the City depended on for repayment. It is fair, therefore, to allocate an appropriate portion to be retained by the Petitioners. With regard to the Fire Hall debt, if Maine Prairie Township contracts with the City for fire service to cover the detached ' area, the indebtedness is built into the contract cost and should not be double billed. ff Maine Prairie Township does not contract for fire service to the detached area, the proportion of the indebtedness attributable to the detached area should continue as a liability for the Petitioners to pay. It is unclear what effect Minn. Stat. § 414.067, subd. 1, has upon the allocation of preexisting indebtedness in a detachment proceeding. This language and the debt allocation language of Minn. Stat. § 414.06, subd. 3 are, for the most part, .similar. Minn. Stat..§ 414.067 absolutely prohibits the ALJ from relieving any liability for bonded indebtedness, whereas Minn. Stat. § 414.06 gives the chief administrative law judge the discretion to relieve some or all indebtedness. Since this Order does not relieve the Petitioners from their share of the bonded indebtedness, the ALJ need not resolve the possiblq conflict. Division of Costs The parties did not agree to a division of the hearing costs between themselves. Pursuant to Mina. Stat. § 414.12, subd. 3, the cost of the proceedings is, therefore, allocated as follows; to the City 40°~, #o the Petitioners 50°~, and to Maine Prairie. Township 10°~. R. ^V fV ~. 14