#03 - Legends of Lake Elmo Sketch Plan

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4 ISSUES/CONSIDERATIONS: Lot Buffers The following buffers are required of OP developments: • 200-foot buffer from all adjacent property lines that abut an existing residential development or a parcel of land not eligible for future development as an open space planned unit development due to insufficient parcel area. • A 100-foot buffer from all adjacent property lines that abut land that is eligible for future development as an open space planned unit development. • If the development site is adjacent to an existing or approved OP development, the required buffer shall be equivalent to the buffer that was required of the adjacent development The OP ordinance treats the buffer area as a no-build zone. In 2 of the 3 OP developments that surround this proposed project, the City did allow residential lots up to the property line, but it does not appear that the “no build” zone has been equally enforced. While there are several options available to the City (easements, conditional PUD approvals, covenants, etc.) the practical concern remains enforcement. It is easiest to enforce buffers when they do not include residential lots. Lots 1-3 of Block 4 are of particular concern, as the buffer area is greater than the buildable area of those lots. It is possible that a redesign of the plan could include different housing types permitted in the OP to reduce the amount of private residential lot area in the no build buffers around the edges of this project. Street Encroachment into Hecker Property Buffer Area The following requirement is established for roadway alignment in OP developments: Streets shall not encroach into a required buffer area unless it can be demonstrated that such an alignment is necessary to achieve the goals outlined above, and that no equivalent option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90 degree angle to provide current or future access to an adjacent property or boundary road shall be the only exception. The proposed street winds around the existing 10 acre Hecker property, with public right of way proposed 20 feet from the Hecker property’s northern boundary. This is contrary to the requirements of the OP district, as it appears that it might be possible to locate that road outside of the 200’ no build zone. It is possible that the roadway can be removed from that boundary area if other unit types or lot configurations are considered. Removal of some lots may allow for an increased distance between the road and Hecker property. City Ownership of Open Space City Staff do not support the dedication of the Open Space in this development to the City. Rather, it should remain under ownership of an HOA to require that entity maintain the common areas.