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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 101 1. The proposed use shall preserve the intent and purpose of this Ordinance and shall be consistent with the goals, plans and policies of the City’s Comprehensive Plan. 19. Clustering and Density Transfer. 1. This clustering and density transfer system is to provide a means by which parcels of land in the City of Gem Lake, having unusual building characteristics due to subsoil conditions, elevation of the water table, water area, and/or relative location or shape of the parcel may be more efficiently utilized. Density zoning also provides a means to preserve and protect natural resource areas such as wetlands, woodlands, steep slopes, as well as good agricultural land and scenic views. Basically, this approach allows a developer to cluster housing or business units in buildable areas in return for leaving the natural resource areas or agricultural land open from development. 2. The City Council, in determining the reasonableness of the proposed clustering, shall consider the following factors: 1. Location, amount and proposed use of open space; 2. Location, design and type of dwellings or business provided; 3. Physical characteristics of the site; 4. Relationship of the proposed dwelling or business units to nearby uses. 3. The owner or owners of any tract of land in the City of Gem Lake may submit to the Planning Commission, for review and recommendation to the City Council, a plan for use and development of such a tract of land as a cluster area by making an application for a Conditional Use Permit authorizing completion of the project according to an approved plan. The plan for the proposed project shall conform to the requirements of the Use District within which the land is located except as hereinafter modified: 1. The tract of land for which a project is proposed and a Conditional Use Permit requested shall not be less than five (5) acres in size; and 2. The applicant shall state precisely what, in this opinion, are the unusual characteristics of this site for purposes of justifying the granting of a Conditional Use Permit for this project; and 3. The plan shall be submitted in the form of a preliminary plan and be in complete conformance with what would be submitted as described in the City of Gem Lake Subdivision Ordinance for a preliminary plan, and, 4. The number of dwelling or business units proposed for the entire subdivided area shall not exceed the total number permitted for the Use District within which the land is located, unless a bonus is given for unique uses of the area; and, 5. The average lot density in the plan shall not be greater than the maximum for the area and the lot area of any one (1) lot shall not be reduced more than one-half (½) by assigning additional dwelling or business units; and, 6. That land which is set aside as unbuildable and on which the plan is justified shall be clearly indicated on the plan. This land shall be dedicated as a “conservation easement” naming both the City and the Minnesota Land Trust or similar as holders of that title for that land. Provisions for the continual maintenance of that “easement” area so dedicated and accepted by the City shall be required from the property owner(s). 4. When calculating the number of dwelling or business units per acre the size of site shall be determined by the total land area within the perimeter of the privately owned property. This will include any area of newly proposed public or private roads of road rights-of-way. 5. A density bonus of up to ten (10%) percent of the maximum allowable dwellings on a defined parcel may be allowed by the City Council Section 20. Park Land Dedications Requirements.