HomeMy WebLinkAbout05-10-16 CCMP11'.. (A c
K F, ELMO
0111 Mission is to Provide Quality Public
Services in a Fiscally Responsible Manner
While Preserving the City's Open Space
Character
NOTICE OF MEETING
City Council Workshop
3800 Laverne Avenue North
Tuesday, May 10, 2016
6:30 PM
Call to Order 6:30 pm
II. Washington County HRA Legislative Bill 6:30 pin
In. OP Ordinance Discussion 7:00 pm
IV. Land Use Discussion: MUSA Areas 8:00 pm
V. Adjourn 9:00 pm
MAYOR AND COUNCIL COMMUNICATION
DATE: May 10, 2016
WORKSHOP
ITEM #:
AGENDA ITEM: Washington County HRA Economic Development Bill
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
Council will receive a presentation. from the Washington County HRA regarding their bill in the
state legislature to add economic development activities to their organization. After the
presentation and questions from the Council the Council should discuss the resolution. Staff is
not looking for approval at this meeting but the resolution could be placed on the May 17th
agenda. The last day for the state legislature to pass any bills, without going to special session, is
May 22nd so the May 17th meeting would be the last opportunity for the City of Lake Elmo to
weirweith in on this issue.
Additional background materials, memo, and resolution from the HRA arc included in your
packet.
*."
Memo To:
From:
Date:
RE:
City of Lake Elmo Mayor and Councilmembers
Mayor Mike Pearson
Councilmember Justin Bloyer
Councilmember Julie Fliflet
Councilmember Jill Lundgren
Councilmember Anne Smith
Barbara Dacy, Exp_ct4tive Director
May 2,
Proposed Legislation to Add Economic Development
Powers to Washington County HRA
The Washington County Housing and Redevelopment Authority (HRA) respectfully requests the City
of Lake Elmo to adopt the enclosed resolution which will legally enable the HRA to conduct economic
development activities in partnership with county cities and townships. The HRA has drafted
legislation to amend its enabling law and has introduced a proposed bill for consideration during the
2016 legislative session. The proposed bill has been identified as part of the 2016 legislative
agendas for both Washington County and Washington County HRA.
Attached to this memo is a summary of the key provisions of the bill (Attachment A), the proposed bill
(Attachment B) and the proposed resolution (Attachment C).
Background
In the fall of 2013, Washington County convened a work group consisting of city economic
development practitioners and community representatives to define the appropriate role of the county
in economic development. A question was also included in the county's survey of residents, and 69%
of respondents agreed that a stronger role in economic development is appropriate. An Economic
Development Strategic Plan, adopted in 2014, establishes guiding policy principles and identifies
specific strategies and goals. In 2015, the County Board researched organizational options and
determined the Washington County HRA is to be responsible for county -wide economic development
activities. The objectives of economic development are consistent with the HRA's mission, to promote
community and economic development, and the HRA's brand, "to help communities thrive". The
County Board authorized $215,000 of the annual HRA levy to hire an Economic Development
Director, support staff, and startup funds.
Implementing the Washington County Economic Development Strategic Plan
Guiding Principles
It is envisioned that the Washington County CDA will fill a vital role in coordinating county -level
economic development activities and will support communities in the county in working towards their
individual economic development goals. This supportive role has been the key foundation of the
Economic Development Strategic Plan. The Washington County CDA would collaborate with the City
of Lake Elmo to provide additional support and capacity to the city's local economic development
programs, business retention and business creation efforts, as may be mutually determined.
The Washington County CDA would adhere to the following economic development guiding principles
identified in the Strategic Plan:
• The private sector is the lead that drives the economy.
• The County will not duplicate or replace the work of cities and other public agencies.
• The County supports a strong collaborative approach to economic development.
• Business attraction and business retention are essential policy objectives.
• The diversity of the county requires an adaptable and open-minded approach.
• A deliberate, purposeful and strategic plan is required.
Goals and Benefits of Proposed Bill
Goals
The proposed bill to amend the HRA's enabling law was drafted to fulfill the following goals:
• Add statutory powers to enable the County to address economic needs through programs and
projects, given the diversity of municipalities, large and small.
• Complement municipal economic development authorities and not impede their activities.
• Provide municipal approval prior to the CDA exercising any physical development powers.
• Confer consistent geographic jurisdiction for both HRA and EDA activities and levy authority.
• Maintain current process for levy authority and level of control by County Board.
Benefits to the City of Lake Elmo
A county role in economic development will provide the following benefits:
• Dedicated staff experienced in economic development to respond to city and township
requests.
• Stronger presence in the industry and marketplace through communication and marketing.
• Stronger county relationship with GreaterMSP.
• Opportunity to build on tourism initiatives, labor and talent attraction initiatives, business
creation programs, or other suggestions from communities.
• Potential for additional financial resources for communities to augment existing programs.
• Conduct economic development and industrial/commercial market studies.
• Advocacy for economic development issues at the Legislature.
The initial responsibility of the new CDA Economic Development Director will be to determine how
best to support the cities and to cultivate relationships with communities, key stakeholders, and
relevant boards. One of the recommendations of the existing strategic plan was to convene a
community workgroup; this will be implemented and a starting point to provide community input to
determine the best manner in which the County can complement and augment what communities are
doing.
Recommendation
We are excited to work with the City of Lake Elmo in a collaborative approach. We respectfully
request support for the proposed bill by adopting the attached resolution.
ATTACHMENT A
Key Aspects of the Proposed Bill
Key aspects of the proposed bill include naming of the agency, determining levy authority, requiring
municipal approval prior to the CDA exercising its physical development powers within a jurisdiction,
offering tax -forfeited lands to the CDA, and identifying limitations requiring County Board approval.
Agency Renaming
In order to adequately represent the combined housing, redevelopment and economic development
powers to be bestowed, it is proposed the HRA be renamed the Washington County Community
Development Agency (CDA). While this term is not defined in statute, the CDA nomenclature has
been adopted by Dakota, Carver and Scott counties in their respective enabling laws. The
consistency in terminology across the Minneapolis -St. Paul metropolitan area provides for greater
recognition and understanding of a county CDA.
Levy Authority
State Statute permits special levying authority for housing and redevelopment authorities up to
0.0185% upon all taxable property, subject to the consent by resolution of the governing body. In
addition, a county may, at the request of an economic development authority, levy a tax of up to
0.01813% upon all taxable property. The proposed bill, however, waives EDA tax levying authority
under section 469. 107 and, it retains the County Board consent process currently in place for
establishing the levy rate and amount under the HRA limits in section 469.033, subd. 6. The
proposed language reserves the right to levy the higher of the HRA or EDA permissible rates, as they
may be determined by the legislature. This provides the County with future flexibility should there be a
program or issue that the County determines is appropriate for this purpose. On an annual basis, the
HRA Board has prepared a levy request, within its annual budget, of sufficient size to complete its
strategic priorities and financial obligations for approval from the County Board. Under the amended
enabling law, the CDA would follow the same process in proposing an annual levy request and
obtaining the consent of the County Board.
Municipal Approval
The HRA's current enabling law requires municipal approval prior to the HRA undertaking a housing
development. The proposed bill maintains this requirement and adds the municipal approval
requirement prior to exercising economic development powers.
Offer of Tax Forfeited Land
When the County receives real property through the tax forfeiture process, it may determine the
property to be appropriate for a housing, redevelopment, or economic development purpose.
Currently, the HRA must purchase forfeited parcels in the same process as the general public. The
proposed bill adds that such parcels "may" be offered to the CDA in the same manner it would be
offered to a County department with justification of public purpose.
Establishing the Washington County CDA
The Washington County HRA was created in 1980 under a special enabling law and authorizing
resolution from the County Board. This enabling law must be amended to add the powers of an
economic development authority and formally rename the agency to the Washington County
Community Development Agency (CDA) to reflect the full scope of responsibilities. The proposed bill
follows the same process taken by CDAs established in Dakota, Scott, and Carver counties.
The proposed bill retains board composition. The HRA Board is currently composed of seven
members: five appointees representing each County district, a representative of the County Board of
Commissioners, and a participant in the federal housing assistance programs. Historically, because
many of the activities of the HRA require real estate development transactions involving public
financing, the HRA Board has been comprised of members with backgrounds in real estate, finance
and banking, business or government. It is also proposed that the CDA would solicit comment on
policies and programs from county citizen boards including the Workforce Investment Board and the
Community Development Block Grant Advisory Committee. The CDA will also convene a workgroup
of community economic development professionals to provide ongoing input.
Final Approval
Upon passage of the proposed bill, the County Board will need to pass a resolution to formally confer
the EDA powers and establish the Washington County CDA. The resolution will further identify any
limitations of EDA powers the County may wish to impose on the CDA.
RESOLUTION NO.
RESOLUTION OF THE , MINNESOTA
SUPPORTING PROPOSED LEGISLATION TO AUTHORIZE THE COUNTY
OF WASHINGTON TO CONFER ECONOMIC DEVELOPMENT POWERS
UPON THE WASHINGTON COUNTY HOUSING AND REVELOPMENT
AUTHORITY
BACKGROUND RECITALS
WHEREAS, the Washington County Housing and Redevelopment Authority (the
"WCHRA") is a county housing and redevelopment authority created and existing under
Laws 1974, Chapter 475, as amended, which provides and maintains affordable, decent,
and safe housing opportunities in Washington County ; and
WHEREAS, in 2013 the County Board of Commissioners (the "County Board") of the
County of Washington (the "County") established a broadly -representative economic
development work group comprised of municipal economic development practitioners
and community partners to assist the County in developing a county -wide long-range
economic development strategy; and
WHEREAS, based on the process carried out by the economic development work group,
in May of 2014 the County adopted an Economic Development Strategic Plan (the
"Economic Development Strategic Plan"); and
WHEREAS, in furtherance of the Economic Development Strategic Plan, the County has
determined that the WCHRA should have primary responsibility for economic
development activities on behalf of the County; and
WHEREAS; proposed legislation has been prepared which would authorize the County
Board by resolution to confer on the WCHRA the powers of an economic development
authority (the "Proposed Law"), thus enabling the County to address economic needs as
identified in the Economic Development Strategic Plan; and
WHEREAS, adoption of the Proposed Law would empower the WCHRA to undertake
economic development activities not authorized by the current WCHRA enabling law,
such as, by way of illustration, implementing County marketing and public relations
programs relating to economic development, conducting economic development studies
to document the need for financial assistance programs, and carrying out financial
assistance programs for economic development purposes; and
WHEREAS, the Proposed Law would retain the existing County Board consent process
for establishing the WHCRA's housing and redevelopment authority levy under
Minnesota, Statutes, Section 469.033, subdivision 6, and would preclude the WCHRA
from imposing any concurrent or separate economic development authority levy
otherwise authorized under Minnesota Statutes, Section 469.107 (while permitting the
County Board to consent to a WCHRA levy at a rate equal to the higher of the
permissible housing and redevelopment authority levy rate or the permissible economic
development authority levy rate as they may be established by the Legislature); and
WHEREAS, consistent with existing requirements of the WCHRA's enabling law for
local approval of housing projects and redevelopment projects, the Proposed Law would
require municipal location and project approval as well for development districts and
economic development projects; and
WHEREAS, in order to appropriately reflect the combined housing, redevelopment and
economic development powers to be conferred, the Proposed Law would change the
name of the WCHRA to the Washington County Community Development Agency; and
WHEREAS, the Proposed Law would effect no change in the current structure or
composition of the WCHRA Board of Commissioners; and
WHEREAS, the Proposed Law would authorize the County to offer tax -forfeited real
property to the WCHRA on the same basis as such parcels are offered to a County
department; and
WHEREAS, the County Board has determined to include the Proposed Law as part of the
County's legislative initiative for the 2016 Legislature; and
WHEREAS, the of the , Minnesota, finds that enactment
by the Legislature of the Proposed Law, and the carrying out of economic development
activities by the WCHRA in the County, including in the , pursuant to
the Proposed Law, would be in the public interest and would afford substantial benefit to
the residents, businesses, citizens and taxpayers of the ; and
WHEREAS, the County, the WCHRA and the contemplate that the
WCHRA and the will work together as partners in carrying out
economic development activities within the which will be
complementary and non -duplicative.
NOW, THEREFORE, the of the , Minnesota adopts this
Resolution supporting the proposed legislation described above in furtherance of
economic development activities by the WCHRA on behalf of Washington County.
This Resolution was declared duly passed and adopted and was signed by the
of the and attested to by the this day
of , 201.6.
(Signature of
ATTESTED:
(Signature of
ATTACHMENT B
EDBILL
Laws 1974, Chapter 475, section 1, is amended to read:
Section 1. WASHINGTON COUNTY; COMMUNITY DEVELOPMENT AGENCY
. There is created in Washington county
a public body corporate and politic, to be known as the Washington county
community development agency, having all the powers and duties of a
county authority under the provisions of Minnesota Statutes, sections 469.001 to 469.047, and all
powers of a county housing and redevelopment authority under any other provisions of
Minnesota law. anEl Sections 469.001 to 469.047 and 469.090 to 469.1081 apply to the county of
Washington. For purposes of applying sections 469.090 to 469.1081 to Washington county,,
notwithstanding, Minnesota Statutes, section 469.090, subdivision 3. "city" means county and
"city council" means county board.
Laws 1974, chapter 475, section 2, subdivision 1, is amended to read:
Subdivision 1. This act shall not limit or restrict any existing housing and redevelopment
authority or city economic development authority. The jurisdiction and area of operation of the
Washington county community development agency
includes all of the area within the territorial boundaries of the county and includes the areas
within the boundaries of every city in the county and the areas of operation of city housing and
redevelopment authorities and city economic development authorities in the county, whenever
created, and notwithstanding any provision of Minnesota Statutes, sections 469.005,
subdivision 1, or 469.008, subject, however, to Section 3. The jurisdiction and area of operation
of the Washington county community development agency
shall not be affected by any concurrence by the Washington county community development
agency h s'g -ed€e1epmeath-iy under section 469.004, subdivision 5.
Laws 1974, chapter 475, section 2, subdivision 2, is amended to read:
Subdivision 2. A municipal housing and redevelopment authority may request the
Washington county community development agency . to
handle the housing duties of the authority and, in such an event, the Washington county
community development agency 6edeeTepfflen. shall act and have
exclusive jurisdiction for housing in the municipality pursuant to the provisions of the municipal
housing and redevelopment act, Minnesota Statutes, sections 469.001 to 469.047 462,111 to
462.711, and acts amendatory thereof. A transfer of duties relating to housing shall not transfer
any duties relating to redevelopment.
Laws 1974, chapter 475, section 2, is amended by adding a subdivision to read:
Subdivision 2a. The governing body of a statutory or home rule charter city or township
with an existing municipal economic development authority may request the Washington county
community development agency to handle the economic development, housing or redevelopment
duties of the authority and, in such an event, the Washington county community development
agency shall act and have exclusive jurisdiction for economic development, housing or
redevelopment duties in the city or township ,pursuant to the provisions of the economic
development authorities act, Minnesota Statutes, sections 469.090 to 469.1081. '162.111 to
162,711
Laws 1974, chapter 475, section 2 is amended by adding a subdivision to rcad:
Subdivision 4. Washington county community development agency.
(a) The Washington county housing and redevelopment authority shall be known as the
Washington county community development agency. In addition to the other powers granted in
this section, the Washington county community development agency shall have the powers of an
economic development authority under sections 469.090 to 469.1081 that are granted to the
agency by resolution adopted by the Washington county board of commissioners, except as
provided in paragraph (b). The enabling resolution may impose the limits upon the actions of the
agency that are listed in paragraph (c). The agency may exercise any of the powers granted to it
under sections 469.001 to 469,047 and any of the powers of an economic development authority
granted to it by the Washington county board of commissioners for the purposes described in
these sections.
(b) The Washington county community development agency may not levy the tax
described in section 469.107, but with the approval of the Washington county board may,
increase its levy of the special tax described in section 469.033, subdivision 6. to any higher limit
authorized under section 469.107. The money in the housing and redevelopment project fund
under section 469.033, subdivision 6, may be expended by the Washington county community
development agency for the numoses of sections 469.001 to 469.047 or sections 469.090 to
469.1081.
(c) The enabling resolution may impose the limits upon the actions of the agency as may
be imposed by a municipality under section 469.092, except that the resolution adopted under
paragraph (a) may not impose any limitations on the authority's exercise of its powers under
sections 469.001 to 469.047.
(d) Section 469.1082 does not apply to the county of Washington.
Laws 1974, chapter 475, section 2, is amended by adding a subdivision to read:
Subdivision. 5. Offers of tax -forfeited lands. Notwithstanding, any other law.
Washington county may offer to the Washington county community development agency, under
the conditions and policies established by the county, nonconservation tax -forfeited land prior to
making the properties available to cities in Washington county.
Laws 1974, chapter 475, section 3 is amended to read:
Sec. 3. MUNICIPAL APPROVAL.
Subdivision 1. Housing and redevelopment projects. If any housing or redevelopment
project is undertaken in Washington county pursuant to this authorization, and the project is
within the boundaries of any statutory or home rule charter city or township, the project and the
location of the project shall be subjeet to approval by the governing body of the city or township,
The procedures in section 469.007, subdivision 2, shall apply to the governing body project and
location approvals required by this section.
Subdivision 2. Economic development projects. If any development districtor
economic development project is undertaken in Washington county Pursuant to this
authorization, and the project is within the boundaries of any statutory or home rule charter city
or township, the project shall be subiect to the planning, zoning, sanitary, and building laws,
ordinances, and regulations applicable to the locality in which the project is situated.
Additionally, unless such city or township has authorized the Washington county community
development agency to exercise exclusive iurisdiction for economic development duties pursuant
to Laws 1974, chanter 475, section 2, subdivision 2a, as amended, then prior to the exercise of
any powers under Minnesota Statutes, sections 469.090 to 469.1081, within the boundaries of the
city or township with respect to a proposed development district or economic development
project or proposed development district or economic development project site, the development
district or economic development project and the location of the project must be authorized by
resolution of the governing body of the city or township with respect to each identified narcel of
property.
EFFECTIVE DATE. This section is effective the day after the governing body of
Washington county and its chief clerical officer timely complete their compliance with
Minnesota Statutes, section 654.021, subdivisions 2 and 3.
820053.DOCX
DATE:
TO:
FROM:
SUBJECT:
ate
5-10-16
Lake Elmo City Council
Stephen Wensman, City Planner
OP Ordinance Update -Initial Draft for Discussion
I Panning I
PURPOSE
To update the City's OP development codes to eliminate on -going issues (Le. allowed density, required buffers, lot
design, etc) and to ensure these developments are meeting the City's expectations.
APPROACH SUMMARY
The City's recent experiences with the Legends of Lake Elmo Open Space development kicked off a great deal of
discussion at both the City Council and Planning Commission level as to whether the existing regulations are still
accomplishing the City's stated goals. This in turn prompted the City Council to direct staff to begin an update
process which is now underway with this initial draft.
While the language before the Council focuses solely on the OP update, please note that a number of additional
changes will also be needed given the state of the City's current ordinances:
1. Definitions may need to be updated;
2. The OP regulations should be relocated from Chapter 150 to the more appropriate Chapter 154; and
3. Some Articles in Chapter 154 are numbered while others are not. In order to place this new language in
154, all Articles will need to be given a number, and all. Article references throughout zoning will need to be
updated accordingly.
With regards to how the OP ordinances should be updated, the City requested that Sambatek put together an initial
draft to begin the discussion. Specific issues to address included but were not limited to:
• Continue placing a focus on proper septic site locations to determine future lot locations, but maintain the
current set of options (individual and communal options);
• Give more options as to what could be done on Open Space land;
Lake Elmo Council Meeting
May10 2016
Page 1 of 6
• Add criteria for what buffers will be required;
• Limit accessory structure height to 22'
• Maintain 40 acre minimum before OP can be used;
• Consider referencing new landscaping regulations;
• Consider updates to hardcover regulations;
• Change all references to an HOA to a CIC;
• Provide for a slight increase in density by right (many have received waivers for up to 20 units per 40 acres);
▪ Maintain open space requirements;
• Maintain 4/5 waiver voting requirement by Council;
• Update street requirements per direction of the City Engineer;
• Consider updating the process if necessary (i.e. transitioning to an overlay district rather than a CUP)
• Remove redundancy found throughout the current regulations.
The draft that is now before the Council attempts to address the goals above, but will certainty need adjusting based
on the feedback we receive. Having already been through the Planning Commission in April, the current draft has
already been updated to address some of their main concerns while still tackling the above list. At some points in
this draft, Sambatek is suggesting shifts in policy (i.e. minimum lot sizes) that have not been specifically requested,
but are absolutely worth discussion at this early stage. Please give each provision and the process as a whole your
best consideration, and come to the meeting prepared with comments as to what you like, what you don't like,
and/or other ideas that should be considered or studied moving forward.
The current plan is to utilize Council's direction to craft a final draft that will go before the Planning Commission one
more time prior to a public hearing being scheduled.
DRAFT ORDINANCE SUMMARY
Open space developments in Lake Elmo have always focused on tailoring development requirements to a specific
piece of property to ensure the end result was best for the property in question, best for surrounding lands, and best
for the City as a whole to maintain its rural character. Based on this premise, the major transition in policy being
proposed is to discontinue using CUPs to approve these developments, and instead treat OP as specialized Planned
Unit Developments.
The resulting draft ordinance is broken down into the following sections:
154.650 Purpose
This section simply states what the City is trying to accomplish when it reviews and approves "open space
planned unit developments."
Lake Elmo Council Meeting
May 10, 2016
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154.651 Intent
This section outlines specific things the City wants to accomplish with open space planned unit
developments including allowing for a variety of housing types in the rural. areas of the city, allowing for
increased density, reducing infrastructure costs, protecting open space, and creating distinct but
interconnected rural neighborhoods.
154.652 Definitions
This section references 11.01 as the City's location for applicable definitions.
154.653 Initiation of Proceedings
This section simply outlines how a landowner can begin the open space PUD process.
154.654 Reflection on the Official Zoning Map
This is our first reference to the fact that OP regulations for each development will now be incorporated
into an overlay district. Accordingly, issued not addressed by the OP ordinance will be handled by the
underlying zoning regulations, so the City will not need to worry about missing details during the
approval process.
154.655 Prerequisites for Open Space PUDs
Must be zoned Agricultural, Rural Residential, or Rural Estates
Must have a minimum of 40 acres
Land must be under single ownership or have legally sufficient documentation if under multiple party
control
154.656 Uses Within Open Space PUDs
Here we maintained existing language. The only transition proposed is to allow the overlay district
regulations to amend specific use provisions that may otherwise be in code. For example, if wayside
stands are limited to one per lot, the overlay district regulations may specifically identify an area within
preserved open space where up to three wayside stands may be erected at any point in time. The use has
not changes, but the specific rules governing the use may be amended if deemed appropriate as part of
the PUD approval,
Lake Elmo Council Meeting
May10, 2016
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154.657 Open Space POD Design Standards
This section will require ample examination as it completely reorganizes the City's existing regulations
that impact lot design. As presented, the language is intended to ensure the City's goals are met, and
updates the lot development process to more closely follow the process pioneered by Randall Arendt in
his book Rural by Design.
The current guidance on lot design is unorganized, difficult to follow, and has no connection to how
developers actually approach the creation of a development plan. What we've tried to accomplish in this
section is to maintain the existing regulations (updated as requested and/or as necessary), but to structure
them in a logical order that will result in the end results desired by the City. The process would be as
follows:
Step 1: Soil Analysis Completed. All soils identified and ranked as either highly suitable, moderately
suitable, or poorly suitable for septic facilities.
Step 2: Septic Design Identified. Based on the soils data, the areas for communal septic drain fields
must be identified. If individual sites are proposed, the applicant at this step must be able to show
adequate soils exist throughout the site for such a proposal.
Step 3: Identification of Required Buffers. Currently this is way too much of an afterthought. This new
process will REQUIRE that buffers be thought about before anything is designed. Existing requirements
are stilt listed in the draft language, but we are recommending two changes. First, if a neighboring OP
development has specialized setbacks, the required buffer in the proposed development is to be
equivalent to that established setback. Second, Council has full authority to reduce or eliminate buffers
based on topography, vegetation, proposed improvements, etc.
Step 4: Identification of Building Pads. With areas designated for septic identified and required buffers
shown, the developer is to then identify proposed home locations. Locations must minimize needed
grading, minimize tree toss, protect historic sites, etc. If individual septic sites are proposed, each home
site should atso ID the general area for septic. If communal drain fields are proposed, each home site
should identify the communal drain field to be used.
Step 5: Placement of Streets. With building pads and septic areas now located, right-of-way for
proposed roadways can now be identified. Again, road placement must minimize changes to the natural
topography, Limit tree removal, etc.
Step 6: Lot Creation. As a second to last step, the developer will then draw proposed lot lines showing
total lot area and total available buildable area per tot given setbacks, septic areas, etc.
. „,
Lake Elmo Council Meeting
May10, 2016
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Step 7: Open Space and Parkland Adjustments. With lots now identified, the remaining open space and
possible park land dedication must be adjusted to meet minimum requirements. If lots need to be
reduced in size or eliminated, that's simply what must occur. Parkland and open space minimum
requirements are proposed to remain consistent with existing standards.
While some may argue that placing open space at the end of the development process makes little sense
given that is the focus of these developments, staff would argue otherwise. Current code requires that
proper soils and good septic sites be the driver of developments, but that simply isn't occurring. By
forcing the above process to be used, the City will ensure the best septic sites DO become the focus of
how a development is organized; and by dictating that building pads and roads must achieve general
development goals (i.e. minimize grading, avoid vegetation, etc); the resulting open space WILL be the
areas the City wishes to preserve. Furthermore, the City can demand that a developer preserves the best
open space all it wants, but that will never change the fact that developers will ALWAYS be more focused
on the quality and value of lots they are creating, and the resulting open space will simply be an
afterthought.
154.658 Open Space PUD Development Standards
Here we maintain the city's existing regulations relating to open space (must be placed in a conservation
easement, must be maintained for its intended purpose, etc), septic systems, building standards,
landscaping standards, impervious surface standards, and trail standards. In other words, 154.657
includes all of the regulations that dictate how the development is laid out, while Section 154.658 tells
the applicant how the development must be constructed and improved.
154.659 Buffer Setbacks in OP Developments
This will likely need to be relocated, but is included here as a place -holder for now.
154.660 Open Space PUD Review Criteria
Lists the questions the City will ask when reviewing these types of developments.
154.661 Open Space PUD Review Procedure
This lengthy section outlines the process to be used to review open space PUDs from beginning to end.
For initial discussion purposes, we are proposing a five (5) step, very transparent process:
1) Sketch Plan Review — initial review by the (ity, and determination by Council as to what
modifications may be pursued in the future.
2) Preliminary Plan Review — traditional preliminary plat & development plan review process. The
term "preliminary" is sometimes misconstrued by the public, so we're offering up "concept" as an
alternate term for consideration.
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May10, 1016
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3) Final Plan Review — traditional final plat/plan reviews with the additional need for a public hearing
to approve the final PUD overlay district ordinance that will govern the development.
Each of these steps outlines the information that must be submitted for a complete application, and
outlines the process to be used by the City during the review.
154.662 Open Space PUD Amendments
This section will deal with how the City will process amendments to both open space PUDs and existing
OP developments.
154.663 PUD Cancellation
This section will outline the process for cancelling a previous PUD approval.
154.664 Administration
This section includes some final rules and regulations deemed important by staff.
Note: LiNru;'4j(, P.[O within the draft ordinance indicates language that must be added, amended, or still needs to
be addressed.
PLANNING COMMISSION REVIEW
In preparation for the meeting on the 10th, we strongly encourage you to read through this draft and prepare
questions for discussion ahead of time. Nothing is finalized, and feedback from the Commission and Council in the
coming weeks will dictate the final ordinance to be assembled by staff.
Thank you!
CITY OF LAKE ELMO
COUNTY OF 1VASHINGTON
STATE OF NI1NNESOTA
ORDINANCE NO.
AN ORDINANCE TO REPEAL EXISTING OPEN SPACE DEVELOPMENT
REGULATIONS WITHIN CHAPTER 150, ADOPT NEW OPEN SPACE
DEVELOPMENT REGULATIONS IN CI1APTER 154, AND T()
IMPLEMENT REFERENCE 1TDATES IN C1EAPTER 154
SECTION 1 (Will include definition updates if needed — iTO)
SECTION 2 (Will repeal existing OP codes in Charge!: 150) _
SECTION 3 (Will replace existingOP codes in Chapter 150 with reserved language)
i.e. "Sections 150.161 through 150,199 — RESERVED"
'SECTION 4, tWill clean up numerous existing problems with numbering in Chapter 154
to allow for placement of the new ordinance within zoning)
iECT1ON 5 Will adopt the new Open Space Planned Unit Development Regulations as follows:
,4rfiele XVI: OPEN SPACE PLANNED UNI7'DEfELOPME1VTN-
§154.650 PURPOSE:.
lt s the intent of the Coy of Lake Elmo that open space planned unit developments will offer needed
development flexibility within the Agricultural, Rural Residential, and Rural Estate zoning districts to
provide for:
(A) A variety of lot contioural ions and housing styles that may not otherwise exist within the City's rural
;treats;
Page 1 of 23
I Commented [FSGA1]: Section One will include all
of the new or updated definitions to be
i adopted with this ordinance
Commented [BGA21: Because we are proposing
a significant reorganization of the current
regulations, the cleanest approach is to simply
start with a clean slate. Section two of the
ordinance will delete the current OP
regulations in their entirety.
Commented (KAM Current OP regulations are
housed in Chapter 150, but the more
appropriate location (given the current code
framework) is Chapter 154, This new
ordinance will facilitate that move.
Once complete, sections 150.161 through
150.199 will no longer exist. City Code should
never skip over section numbers or readers
are left wondering if they're missing portions
of the code. To address this problem, the
existing OP section numbers will be marked
with the word "reserved,"
Commented [BGA4]; Placing the new OP
language into Chapter 154 will require that we
complete some general organizational clean
up that is long overdue, This section will make
sure that all Articles in Chapter 154 have
numbers (some do not), and that existing
• Article numbers are updated to accommodate
these new additions. Finally, all article
) references —and many references that
currently point to nowhere or to incorrect
sections will also be updated.
The purpose of open space planned unit developments is to maintain the rural character of Lake Elmo by
Commented [BGAS]: Section 5 of the ordinance
preservine astricultural land, woodlands, eorridors., pollinator & ‘vildlife habitat. and other siLtnificant \ will house all of the new language being
natural features; while still allowing for residential development consistent with the goals and objectives of adopted.
the eity's Comprehensive Plan. Commented (13GA6h This section simply states
what the City is trying to accomplish when it
reviews and approves "open space planned
§ 154.651 INTENT, unit developments."
Commented [BGA71: This section outlines
specific things the City wants to accomplish
with open space planned unit developments
including allowing for a variety of housing
types in the rural areas of the city, allowing for
increased density, reducing infrastructure
costs, protecting open space, and creating
distinct but interconnected rural
neighborhoods.
(13) An aware to provide a development density equal to or greater than what could be achieved via
underlying zoning
1(..') A reduction in the costs to construct and maintain public facilities and infrastructure in a rural setting;
F)) Protected open space to enhance and preserve the natural character of the community; and
(1) The creation of distinct neighborhoods that are interconnected within rural areas.
§ 154.652 I3EFINITION.
Unless specifically defined in §§ 15.4.009 ei seq., eominon definitions, kvords: curd phrases used in §§
154,009 et seq. shall be interpreted so as to give them the same [mailing as they have in common usage
thro4iout this code and are found in § 11.01.
§ 154.653 „INITIATION OF PROCEEDINGSL
The owner of property on which an open space PUD is proposed shall file the applicable application for a
PUD by paying, the fee(s) set forth in and submitting a completed application form and
supporting documents as set forth on the application form and within this Section, Complete applications
shall he reviewed by Citv Commissions as deemed necessary by the Community Development Department.
including, a public hearing before the Planning Commission, and he acted upon by the City Council. If a
proposed PUD is denied. any subsequent application for a substantially similar PUD within one (I) year of
the date or denial shall fully address all findings which supported the denial prior to being accepted as
complete,
§ 154.654 ,REFLECTION ON TILE OFFICIAL ZONING IA
(A) PUD provisions provide an optional method of regulating land lISC Willa permits flexibility from
standard regulating provisions. Establishment of a PUD shall require adoption of an ordinance
creating, an overlay zoning district atop the boundaries of the development area For each PUD
District. a specific ordinance shalt he adopted establishing all rules which shall supersede underlying
zoning. Issues not specifically addressed by the PUD Overlay district shall he governed by the
underlying zoning district regulations,
(11) All Open Space Preservation developments approved prior to shall
be allowed to continue per the original conditions of approval.
§ 1541,55 JPREREQUISITES FOR OPEN SPACE PUDs.
(A) Only land zoned as Agricultural, Rural Residential, or Rural Estate may he considered for
establishment of an open space planned unit development.
(I3) The minimum land area for establishment of an open space planned it development is a nominal
contiguous 40 acres.
Page 2 of 23
-,f Commented [BGA8): This section references
11.01 as the City's location for applicable
definitions. New definitions (or updated
definitions) created by Section One of this
ordinance will be placed in Section 11,01
1 Commented [BGA9]: This section simply outlines
how a landowner can begin the open space
PUO process.
Commented IBG410): This is our first reference
to the fact that OP regulations for each
development will now be incorporated into an
overlay district. Importantly, issues not
addressed by the OP ordinance will be
handled by underlying zoning regulations, so
the City will never have to worry about missing ,
details during the approval process.
Commented [BGA111:This section sets the
minimum requirements that must be met
before someone can request an Open Spac
PUD.
The listed prerequisites are existing criteria.
(C) Establishment or an open space planned unit development ‘vill be considered only for areas or land
in single ownership or control. Alternatively: multiple party ownership, in the sole discretion of the
City, is acceptable when legally sufficient written consent from all persons and entities with
ownership interest is provided at the time of application.
§ 154.656 !USES WITHIN OPEN SPACE PUDS.
(A) Primary t ises.
(I) Permitted.
(a) Single-family, detached:
(b) Preserved open space.
(c) Conservation easements;
(d) Agriculture:
(c) Suburban farms:
(I) Private stables:
(g) Single-family. attached:
(h) Townhouses (no more than 25% in any development)
(i) Wayside stand; and
(j) Public parks and trails.
(2) Conditionally Permitted.
Nonc
(3) Interim Permilted.
None
(13) Accessory Uses.
(I) Permitted.
Uses deemed by the Community Development Department to be typically accessory to an
established permitted use On the property as listed in I 54.65()(A)(1).
(2) Conditionally Permit! Qd.
None
(3) Interim Permitted.
None
(C) Prohibited Uscs.
All other uses not listed in 154.65(1(M ) or 54.6560)(2) are hereby prohibited.
Page 3 of 23
Commented [BGA121: Here we've maintained
existing language. The only transition
proposed is to allow the overlay district
regulations to amend specific r vi ions
that may otherwise be in code. For example,
if wayside stands are limited to one per lot,
the overlay district regulations may specifically
identify an area within preserved open space
where up to three wayside stands may be
erected at any point in time. The _vac. has not
changes, but the specific rules governing the
use may be amended if deemed appropriate
as part of the PUD approval.
Commented [BGA13]: The Planning Commission
had a split opinion on whether Townhomes
should continue to be allowed in OP
developments. Some felt townhornes were
not appropriate in rural areas, while others felt
they had been very successful in such
developments to date and helped to created
more open space than could otherwise be
provided by all single family homes. Others
pointed out that modern townhomes include
detached units on zero setback "unit lots"
which are surrounded by association owned
and maintained property.
(I)) l'se Restrictions
Adopted PIJD overlay district rgLIfatiofls rnaY include specific provisions governing uses which
supersede the general regulations herein or that which may otherwise be required by underlying
zoning.
§ 154.657 OPEN SPACE PUD DESIGN
Open space PLIDs shall comply with all of the following minimum design standards unless modifications
are authorized for consideri.nion by the City Council 'via a super -minority vote !at the ifille of PUD Sketch
Plan review. Authorization or such modifications resulting. from a PUD Sketch Plan review shall not be
construed asapprovats for the changets), but rather as an authorization to present such modifications as a
component oldie plan during the P LID Preliminary Plan review.
(A) Density
'the maximum dwelling unit density within an open space planned unit development shall he
11,'1 411 11,,,R11, 01 11,16 0,1h1,1 10114: however, the total number of dwelling units shall not exceed the
density limitations contained in the Comprehensive Plan for Opens Space Preservation Development,
(B) Lot Design
•
Lot locations and configurations within open space planned unit developments shall he derived
utilizing the following methodology. An applicant must he able to demonstrate how these steps
resulted in the plan being proposed,
(1) Soils Analysis ConductedL
A certified septic designer or soils scientist shall complete a review °Ilk soils on the sac. and
categorize all areas as highly suitable for septic systems, moderately suitable for septic. systems.
or poorly suited for septic systems.
(2) Septic Design IdenlificationI
Based on the soils analysis, an applicant must identify whether the proposed development will
he serviced by individual septic tanks and drain fields, or via a system of individual septic tanks
NViliCh Utilize one or more communal drain fields,
(a) If individual septic tanks and drain fields can he supported by the available soils and is the
chosen methodology to serve the development, all proposed lots must be able to provide
primary and secondary drain field sites, and must meet a minimum lot size requirement as
outlined herein.
(I)) II' individual septic tanks 11114:II tailize communal drain fields is the chosen methodology
to serve the development, then the location(s) for communal drain fields shall be identified
within the area(s) deemed the most suitable on the site for supporting septic utilities
according to the soils analysis. All such areas shall be clearly denoted on provided plan
sets,
Page 4 of 23
Commented [BGA141: This section will require
ample examination as it completely
reorganizes the City's existing regulations
governing lot design. As presented, the
language is intended to ensure the City's
goals are met, and requires lots to be created
utilizing the process pioneered by Randall
Arendt in his book Rural by Design, While I
believe that has always been the intent, the
current guidance on lot design is unorganized,
difficult to follow, and has no connection to
how developers actually approach the
creation of a development plan. What we've
tried to accomplish in this section is to
maintain the existing regulations (updated as
requested and/or as necessary), but to
structure them in a logical order that will result
in the end product desired by the City.
Commented [BGA15]: Here is where we re-
establish the current policy requiring a super -
majority vote to authorize modifications to
open space design standards.
The current code lumps all lot design and
development standards into one section
(150.180). This new organization splits design
requirements (i.e. how lots are made and
configured) from development standards
(what can be done on lots in terrns of
impervious surfaces, septic designs, etc), so
you will see this same provision in both
Section 154.657 and154.658,
Commented [BGA161:We have included an
increased density allowance in this initial draft,
but it must be noted that this can only be
placed into effect in conjunction with a
comprehensive plan amendment. The Comp
Plan language is very specific and cannot be
worked around with a zoning update.
Commented [BGA17]: Requiring a developer to 1
analyze soils followed by choosing a septic
design will actually achieve the City's goal of
' ensuring proper septic design drives
developments.
Commented [13GA1811: The Planning Commission
is recommending the City consider adopting a
minimum number of units before a community
septic system can be used. Based on some
commissioner's personal experiences, the
number 40 was suggested as a potential
starting point. If Council concurs with this
recommendation, the City Engineer should be
asked to provide guidance on an appropriate
number.
(3) identification of Required Bufferst...
Nu build zones from each property boundary shall be derived as MIlows;
(a) A two -hundred (200) foot buffer from all adjacent property lines that abut tui existing
residential development or a parcel of land not eligible tOr future development as an open
space planned Unit development due to insufficient parcel area.
(b) A one -hundred ( 1(10) loot buffer from all adjacent properly lines that abut an e,siming. open
space planned unit development, or a parcel of land eligible for future development as :at
open space planned unit development.
(c) lithe development site is adjacent to an existing OP development, the required buffer shall
be equivalent to the buffer that was required oldie adjacent development (see s ),
(d) By majority vote of the City Council,. required buffers may be reduced or eliminated
entirely if the applicant can demonstrate that existing mature vegetation, changes in
topography occurring on the site, or proposed landscaping will provide an effective year-
round buffer betAveen the structures proposed within the open space planned unit
development and neighboring development.
(4) Identification of ['referred Building I'ad Locations
Building pad locations lup to the maximum number of units permitted by I 54.657( A) 1 which
preserve natural topography and drainageways (in as much as possible). minimizes Irce loss.
protects historic sites or structures, and limits the need for soil removal and/or grading shall
then he identified, The orientation of individual building sites shall strive to maintain
maximum natural topography and ground cover.
(a) Building pads shall be located outside °fret -mired buffers, and shall he cited so as to provide
ample room for accessory structures on future lots.
be oriented in small clusters often referred to as
(e) If individual septic tanks and drain fields for each lot are to be utilized, locutions for
primary and secondary facilities ilia- each proposed building pad shall also be identified.
Generalized locations for such may be shown during the PI.JD Sketch Plan plia.se, but all
such sites must he verified as being viable as a component or KID Preliminary Han review.
(d) If individual septic tanks utilizing communal drain fields is intended, the plan must clearly
identify which communal drain field will service each of the proposed building pads.
Page 5 of 23
Commented (BGA19jrAs currently constructed,
subsections (a) and (b) are existing
requirements.
Subsection (c) is new, and states that if an
adjacent OP development was granted lesser
setbacks (see section 154.659), then that
same lesser setback would apply in a new OP
development.
Subsection (d) is also new, and is intended to
give the City Council full authority to reduce or
eliminate buffers when conditions don't
j require a buffer (i.e. topography provides a
buffer, woodlands provide a visual barrier,
J etc).
Commented IBGA20): Note that a reduced buffer
under subsection (d) is NOT considered a
modification of design standards, but is rather
a built in component of open space lot design.
Accordingly, this is the one design provision
that would only require a majority vote of
Council to authorize,
-I Commented [BGA21): Both staff and the
j planning commission are recommending
j striking this provision.
Commented [BGA22): Note that even up front,
we will be requiring the developer to identify
general locations that can accommodate
primary and secondary septic sites. Detailed
information would be needed during the
Preliminary Plan stage.
(5) Placemen t of Streets
(a) Streets shall then be designed and located in such a manner as to:
Maiiitain and preserve natural topography, groundcover, significant landmarks, and
trees:,
2. Nlinimize cut and till;
3. Preserve and enhance both internal and external views and vistas,
4. Promote road safety:
5. Assure adequate access for lire and rescue vehicles:, and
6. Assure and promote adequate vehicular circulation both within the development and
with adjacent neighborhoods.
(b) The minimum street right-of-way for one-way streets shall he 40 feet, and the minimum
right-of-way for two-way streets shall be 50 l'.et.
(c) 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 oldie 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.
(d) Streets shall be designed according to the followity. standards:
1. Pavement shall be 14 to 18 feet wide for 1-way streets',
2. Pavement shall he 22 to 28 feet wide for 2-way streets and
3. Pavement width shall be 22 to 24 feet for streets nhere homes are located on just 1
side of the street,
4. Streets shall not he constructed with a rural cross-section.
(6) Lot Creation
Based on the street Iiieation(s). building pad locations, and septi • ,-..•st m ocation(s); lines to
delineate individual lots shall then he identified in accordance with the following:
(a) Lot Size
I. Single-family lots being served by individual septic tanks and drain fields shall he a
minimum of one(1) acre in size
2. Sinale-family lots being served by individual septic tanks utilizing communal drain
fields shall he a minimum of 1/4 acre (10.890 square feet) in size,
3. Base lots for townhomes shall be large enough such that individual unit lots can meet
all required structure setbacks contained herein.
Page 6 of 23
Commented (BG4231:Staff is asking the City to
consider allowing lots as small as 1/4 acre
within open space developments for two main
reasons: 1) provides greater flexibility to
developers who will only respond to market
demands; and 2) density is capped, so
smaller lots will not result in more homes but
rather more open space (which is the point),
The Planning Commission felt that a 1/2 acre
minimum was preferable,
(I) Buildable Area to be Shown
1. Buildable area on each proposed lot shall bc shown taking into account required buffers
from adjacent parcels and the following setback standards:
Front Yard
Side Yard
Corner Lot Front Yard
Corner Lot Side Yard
Rear Yard
Septic Tank
HOUSING TYPE,
Single Faint!), Homes Tovvol-tomes
0 20
15 feet or 10% of lot width
30
30
20
2. Proposed buildable area on each lot shall be sufficient to accommodate primary and
accessory structures that are normal and customary. to the type of development being
proposed.
(7) Open Space and Parkland Adjustments
(a) Open Space,
The total preserved open space area within an open space planned unit development
shall be no less than 50% of the total gross land area, as defined by § 1 IL) If this
threshold is not achieved after following the fir( six steps of lot design, the proposed
lot areas will need to he adjusted or lots eliminated until this requirement is met.
2. Not less than 60% of the preserved open space shall be in contiguous parcels sehich
are ten ( 0) or more acres in size.
3. Preserved open space parcels shall he contiguous with preserved open space or public
park land on adjacent parcels.
(h) Parkland
I. Parks and recreational facilities shall he provided in addition to preserved open space
as specified in the Lake Elmo Parks Plan.
2. Determination of whether a land or cash dedication ‘vill be required to fulfil parkland
requirements will be at the discretion Utile City Council, with direction to be provided
as a component of PLID Sketch Plan review. Ila required parkland dedication causes
overall open space to drop below the minimum threshold, the proposed lot areas will
need to be adjusted or lots eliminated until the open space requirement is once again
met.
3, Any dedication shall he consistent with the dedication and lee -in -lieu standards
specilied in Chapter 153.
Page 7 of 23
Commented [BGA24]: The overall seven (7) step
design process we have laid out now both
emphasizes what is important to the City while
recognizing and embracing how a developer
will approach the site anyway.
At this final step, the developer may need to
shrink lot sizes or eliminate lots to meet open
space and parkland requirements.
Commented (BGA25]; The open space
provisions are existing requirements. The
Planning Commission would like additional
requirements or changes that would eliminate
the use of thin strips of land to connect open
spaces. A minimum dimension could be
considered.
§ 15-1.658 OPEN SPACE PUD DEVELOPMENT STANDA12,DS,
Open space PllDs shall comply with all of the following development standards unless modifications are
authorized for consideration by the City Council via a super -majority vote Ot the time of PUD Sketch Plan
review. Authorization of such modifications resulting frriin a PtID Sketch Plan review shall not be
construed as approvals for the change(s), but rather as an authorization to present such modifications as a
component of the plan during the PUD Preliminary Plan review.
(1) Preserved Open Space Standards
(a) All preserved open space within an open space planned unit development shall he subject
to a conservation easement and used for the purposes as defined
(b) Preserved open space land shall he controlled in one or more of following manners as
determined at the sole discretion of the City Council:
1. Owned by an individual or legal entity who will use the land Cor preserved open space
purposes as provided by permanent conservation restrictions (in accordance with M.S.
Ch. 84C.01-.05, as it may be amended from time to time), to an acceptable land trust
as approved by Lite city: and/or
2. Conveyed by conservation easement to the city.
(c) Preserved open space land shall he maintained for the purposes for which it was set aside.
If preserved open space was set aside for agricultural purposes or for natural habitat, a
plan shall be submitted which will indicate how the land will be maintained or returned to
a natural state and who will be responsible for plan implementation. Developers shall
provide copies of common interest community (CIC) declarations to prospective
purchasers. and conservation easements to the city, describing land management practices
to he followed by the party or parties responsible for maintaining the preserved open
space.
(d) Where applicable, a (onoll0n lnteret Community association shall he established to
permanently maintain all residual open space and recreational facilities. The Common
Interest Con)munity association agreements, guaranteeing continuing maintenance, and
giving lien right to the city if there is lack of the maintenance shall be submitted to the
city as part of the documentation requirements for a final plan.
(2) Septic System Design Standards'
(a) All septic systems shall conform to t.lteperlonnance standards °idle Minnesota Pollution
Control Agency's standards for sewage treatment systems WPC-7080 and its appendices,
or the M.P.C.A. standards in effect at the time of installation and septic system
regulations of the Lake Elmo Municipal Code,
Page 8 of 23
Commented [BGA26): While Section 154.657 lays
out the regulations that dictate how a
development is laid out, Section 154.658 tells
the applicant how the development must be
constructed and improved.
Here again we maintain the city's existing
development standards for open space
developments (i,e. regulating open space,
septic systems, building standards,
landscaping standards, impervious surface
standards, and trail standards),
Commented (BGA271: Because this is a new
section, we again must state that a super -
majority vote is needed to authorize
modifications during Sketch Plan review.
- 4 Commented [BGA28]:The Planning Commission
would like the City Attorney to provide
guidance on proper lien language to protect
against community septic systems from
failing, and an HOA that is unwilling or unable
to act.
Commented if3GA251: City staff will need to
ensure these existing references are still
accurate based on how the City current
regulates septic systems. Does Washington
County need to be referenced?
(b) Communal drain fields may be partially or completely located in an area designated as
preserved open space provided:
I. The grotind cover is restored to its natural condition alter installation: and
2. Recreational uses are prohibited above or within 50 feet of communal drain fields, or
as approved by the City Engineer.
3. No wetland treatment system shall be allowed yvitItiti-dio;NI
(c) Communal drain fields, if installed, shall be professionally maintained; and are
acceptable once legally sufficient documentation has been provided by the developer to
ensure such maintenance will continue in perpetuity,
(3) Building Standards
(a) Principal structures within open space planned unit developments shall not exceed 2 and
1/2 stories or 35 feet in height.
(b) Accessory structures within Opell VOLT IthMlIt'd 111111 developments shall not eweed 22
Ice! in heightl
(c) It is desired that the structures within neighborhoods convey a particular architectural
style with similar building components, materials, roof pitches, The PUD Overlay
ordinance craned ha- each individual development should establish minimum
architectural standards lor the neighborhood.
(4) Landscaping Standards
(a) A landscape plan for the entire site is required and shall consist oCat least 10 trees per
building site; and trees shall not be liot less than 1.5 inch in caliper measured at 54 inches
above grade level.
(b) Boulevard landscaping is required along all streets to consist of at least I tree per every
30 feet or placed in clusters at the same ratio.
01,t
Page 9 of 23
,
Commented [BGA30]:The Planning Commission
and staff are both recommending that this
phrase be stricken from the ordinance
"Village Green" is not defined within the
ordinance, and recent developments within
the Old Village have not (it appears) provided
the envisioned belt around the urbanizing
town core.
Whether wetland treatment systems should
be allowed should be a question for the City
Engineer.
Commented [BGA31]: The Planning Commission
questioned whether we should specifically
exclude historic structures from this
requirement. Staff would say "no." Historic
structures taller than 22 feet would be legal
nonconforrning structures subject to
protections of State Statute. We strongly
recommend not creating special provisions
based on the age of a building.
Commented [BGA321:The Planning Commission
thought the existing language could be
considered a bit confusing. This second set of
subsections (a & b) is just optional language
for consideration,
(5)
Impervious Surface Standards:
The maximum impervious surface allowable within an open space planned unit development
shall be 203i, of the land arca not dedicated as preserved open space subject to the following:
(t) Impervious surfaces created by roads, trails, and other planned impervious improvements
shall count against the maximum allowed impervious coverage.
(b) Remaining allowed impervious surface acreage may be distributed between the planned
building sites, and 1111L\ imums for each lot shall be clearly documented within the overlay
district ordinance governing the development.
(c) On individual lots, areas covered by pervious pavers or comparable systems may receive
a 25% credit against the lors hardcover if the system is installed consistent with the City
of Lake Elmo Engineering Standards klanual, and adequate storm water mitigation
measures (as may be necessary) arc installed to mitigate potential runoff created by the
additional coverage above the allowed impervious surface threshold. All such credits
shall be at the discretion of the City Digineer.
(6) Trail Standards
A trail system or sidewalks shall be established within open space planned unit developments
in accordance with the following:
(a) The linear footage of trails provided shall he at least equal in length to the sum of the
centerline length of all public roads within the development.
(b) All trails shall be constructed of asphalt or concrete in compliance with the standard city
design plate for (JP trails.
(c) Proposed trails shall provide connections between and access to the buildable land areas
and preserved open space land being created by the development.
(d) Proposed trails shall connect to existing. planned, or anticipated trails or roads on
adjacent parcels.
(c) If applicable, trails shall be linked (or he designed to provide a future link) to the "Old
Village" to emphasize the connection between existing and new development.
Page 10 of 23
Commented [BGA33):We will likely proposed
amendments to this existing language as we
I move forward.
§ 154.659 BUFFER SETBACKS IN OP DEVELOPMENTS. ..-- 71 Commented [BGA34]: This Section will likely I
need to be relocated to a more appropriate l
13uffer setbacks shall bc applied from the edge of the existing open space preservation developments as ) location in Chapter 154, but is included here as
I follows. a place -holder for now.
,.__.
St. Croix's Sanctuary
Discover Crossing,
Whistling Valley 1
Whistling Valley 11
Whistline, Valley III
Farms of Lake Elmo
Prairie Ilamlet
Fields °1St. Croix 1
Fields of St. Croix II
The Ilomestcad
Tapestry at Charlotte's (irove
Tamarack him Estates
Sunfish Ponds
Hamlet on Sunfish Lake
Cardinal Ridge
Wildflower Shoves
I leritage Farms
Tan a Ridec (Res. 2009-033)
Parkview Estates (Res. 2009-033)
Buffer Setbacks in OP Developments (in feet)
North
Edge
200
200
25
South Edge
50
100
200
25 100
50 100
100
200
50
N/A
50
50
100
100
50
50 50 100
N/A 200
200 200
50 200
50 200
100 100
100 10() 200
Commented [BGA351:The current ordinance
labels these setbacks as
Exception We are recommending striking that language.
East* Edge Parcel(s)
100
1.Vest Edge
50
50 100
N/A N/A
85 N/A
100 N/A
100 25
100
N/A N/A
50
50 100
100
50 100 50 50
100 200 50 50
100 200 100 200
50 NIA N/A 50 N/A
N/A N/A 50 50
50: except
Lot 9,
Block 5 use
20 ft
N/A N/A 50
Page 11 of 23
§ 154.660 OPEN SPACE PUD REVIEW CRITERIA
The follow ing findings shall he made by the City Council prior to approval of a new or amended open space
planned unit development:
(I) The proposed development is consistent with the goals, objectives, and policies of the
Comprehensive Plan.
(2) The Preliminary Plan is consistent with the purpose of
(3) The Preliminary Plan complies with Me development standards of
§ 154.661 OPEN SPACE PUD REVIEW PROCEDURE
All requests io establish an open space Planned Unit Development shall he initialed by following the
steps belim.
(1)
Open Space PUD Sketch Plan
(a) Purpose
The open space PUD Sketch Plan is the first step in the development process which gives
the applicant an opportunity to present their ideas to the City Council and public so as to
gain general feedback on areas that will require additional analysis. study, design,
changes, etc,
I, Feedback gained during the open space PLID Sketch Plan phase should he addressed
within the subsequent PUD Preliminary Plim.
Al COUJICVS discretion via super -majority votef, any of the minimum standards
outlined in either § 154.657 or § 154.658 may he modified to authorize submission
or an open space PUD Preliminary Plan that is tailored to the development site.
Authorization of such modifications resulting from a PUD Sketch Plan review shall
not be construed as approvals for the change(s). hut rather as an authorization to
present sueh modifications as a component of the plan during the Pl..11) Preliminary
Iilln review.
(h) Specific open space KID Sketch Ilan Submittal Requirements
Except as may be waived by the Community Development Departmenr, the following
intOnnation shall constitute a complete application for an open space PUD Sketch Plan.
A listing of contact information including name(s 1. addresstes) and plume numherts)
of: the owner of record, authorized agents or representatives, engineer, surveyor, and
any other relevant associates:
2. A listing of the following site data: Address, current zoning, parcel size in acres and
square feet and current legal deseription(s):
Page 12 of 23
-- Commented IBGA361: Lists the questions the
City will ask when reviewing these types of
developments. Additional criteria may be
needed (this is essentially all we see in the
current code), but we've left that
determination for another day.
Commented [BGA371: This lengthy section
outlines the process to be used to review
open space PUDs from beginning to end, In
general, this current draft follows the standard
City platting process with specific PUD
requirements thrown in.
Boiled down to its core, the review will require
a sketch plan proposal, a preliminary plan, and
then a final plan.
'I Commented (8GA38]; We are currently
i struggling with this language in this draft, and
where it is most appropriately located. In
general, we strongly advise against repeating
standards; stating things once Is always the
best approach.
Earlier we state this provision in both sections
154.657 and 154.658 as we want to put the
reader on notice that flexibility is built into the
process, and that lot design and development
standards are not entirely rigid. At the same
} time, it seems appropriate to have that
provision here. As the draft continues to be
refined, we will determine the best location for
this language, but wanted to show this as an
option,
Commented [BGA39]: We are quite detailed on
the information that must be provided with
applications to protect the City's ability to
deem applications incomplete when
necessary. Allowing the Community
Development Department to waive individual
requirements allows staff to use discretion on
what to require given the particulars of a
specific application.
3. A narrative explaining the applicant's proposed objectives for the open space PLO, a
listing of the proposed modifications from standard in § 154.657 as may be
applicable. and an explanation of how the proposal addresses the PUD review criteria
in § 154,660.
4. A listing of general information including the following:
a. Number of proposed residential units.
h. Calculation of the proposed density of the project showing compliance with §
154.657(A).
c. A listing of all proposed land uses (i.e. preserved open spacebuildable sites,
parkland, etc).
d. Square Moines of land dedicated to each proposed land use.
5. An existing conditions exhibit, including topography. that identities the location of
the following environmental features along with calculations (ill acres) for each:
a, Gross site acreage;
b. Existing wetlands;
c. Existing ‘voodlands;
d, Areas with slopes greater than 12%, but less than 25%
c. Areas with slopes of 25% or greater:
11 Woodlands;
g. Other pertinent land coverts).
6. An open space RID Sketch Plan illustratingtheLIle nature of the proposed development.
At a minimum. the plan should show:
a. Existing zoning district(s) on the subject land and all adjacent parcels;
h. Layout of proposed lots and proposed uses denoting Outlots planned for public
dedication and/or preserved open space:
c. Area calculations for each parcel;
d. General location of wetlands and/or watercourses over the property and within
200 feet oldie perimeter of the subdivision parcel;
e. Location of existing and proposed streets within and immediately adjacent to the
subdivision parcel;
1 Proposed sidewalks and trails;
g. Proposed parking areas:
Page 13 of 23
h. General location of wooded areas or signific' features (environmental,
historical, cultural) of the parcel:
i. Location of utility systems that will serve the property;
j. Calculations for time following:
i. Gross land area (in acres).
ii. Number of proposed residential units_
iii. Proposed density of the project showing compliance with § I54.657(A).
iv, Acreage & square footage of land dedicated to each proposed land use (i.e.
preserved open space, build -able sites, parkland. etc).
v. Acreage & square footage of land proposed for public road right-of-way:
vi, Acreage & square footage of land dedicated to drainage ways and ponding
areas;
vii. Acreage & square footage abut for Trails and/or sidewalks (if outside of
proposed road right-of-way):
Other: An applicant may submit any additional information that may explain the
proposed PUD or support any requests for modifications (i,e, a landscaping plan
to support the lessening or elimination of an otherwise required buffer).
7. Thc outline of a conceptual development schedule indicating the approximate date
when construction of the prMect, or stages of the same, can he expected to begin and
be completed (including the proposed phasing of construction of public
improvements and recreational & common space areas).
S. A statement of intent to establish a Common Interest Community' association with
bylaws and deed restrictions to include, but not he limited to, the following:
a, Ownership, management. and maintenance of defined preserved open space:
b. Maintenance ofpublie and private utilities: and
c. General architectural guidelines for principal and accessory structures.
9.If applicable, a historic preservation plan for any historic structures on the site shall
be submitted.
(c) Open Space KID Sketch Plan Proposal Review
Planning Commission
a, Upon receiving an open space KID Sketch Plan proposal, the Community
Development Department shall schedule a date upon which the Planning
Commission will review the plans and told a public hearing Mtthe proposal.
Notice for the public hearing shall be completed io
Page 14 of 23
Commented 113GA401: In accordance with the
current process, we have included a public
hearing at the sketch plan level. Because we
are utilizing Sketch Plan to determine what
modifications may be requested at the
Preliminary stage, a public hearing still seems
appropriate,
b. Following the hearing, the Planning Commission shall adopt findings and
recommendations on the proposed open space PUD as soon as practical.
c. The Community Development Department may forward an applieation to the
City Council without a recommendation from the Planning Commission only if it
is deemed necessary to ensure compliance with state mandated deadlines for
application review.
2. City Council
The City Council may listen to comments on the proposed development if they
deem such necessary prior to taking action on the proposed open space PUD
Sketch plan.
b. After consideration of the Community Development Department
recommendation, the Planning. Commission recommendation, and the comments
received at the public hearing, the City Council may comment on the merit °COIL:
request, needed changesand suggested conditions Mat the proposer should
adhere to with any future application.
c. For each of the identified modifications to the minimum standards outlined 111 §
154.657, the City Council shall take a vote to instruct the applicant as to whether
the modification can be pursued as a component of the PUD Preliminary Plan
review. The ability to pursue approval of modified standards may only he
authorized via a super -majority vote of the City Council.
(d) lEffect of a IUD Sketch Plan Review',
The City Council and Planning Commission's comments during the PUD Sketch Plan
review are explicitly not an approval or denial of the project, and are intended only to
provide information or the applicant to consider prior to application for an open space
PlJD Preliminary Plan.
(c) Limitation of Approval'
The City Council's review of an open space PUD Sketch Plan shall remain valid for a
period of six (6) months, The City Council, in its sole discretion, may extend the validity
of their findings for an additional )ear.
(2) KID Preliminary Plan
(a) Preregnis0
No application for an open space PUD Preliminary Plan will be accepted unless a
distinctly similar proposal has completed the open space PUD Sketch Plan review
process which is valid upon the date of application.
Page 15 of 23
-I Commented [BGA41): Under this process,
Council would take individual votes on each
modification proposed by the applicant.
Approval at this stage ONLY authorizes the
applicant to make the request at the
Preliminary stage; it does NOT grant any rights
to the modification. Again, modifications can
only be pursued IF Council allows such via a
super majority vote.
fCommented [BGA42]: This subsection clarifies
• EXACTLY what a developer gets as a result of
the sketch plan process.
Commented [BGA431: Sketch Plan reviews may
remain valid for up to 1.5 years.
Commented (13GA441; The City will not accept a
preliminary plan application unless a valid
'sketch plan is in place.
(b) PUD Preliminary Plan Submittal Requirements
Except as may he waived by die Community Development Department, the following
information shall constitute a complete application for an open space PUD Preliminary
Plan.
1. All required information for a preliminary' plat per Chapter 1102, Section 1102.01(C)
and Section 1102.02.
2. A written summary of the required Developer Open Flouse meeting as required by
Chapter 1102, Section 1102.01(B)(5).
3. A separate open space PUD Preliminary Plan which includes the following
i formation:
Administrative information (including identification of the drawing as an "Open
Space PUD Preliminary Plan,- the proposed name of the prMect, contact
information for the developer and individual preparing the plan, signature of the
surveyor and civil engineer certifying the document, date of plan preparation or
revision. and a graphic scale and north arrow);
b. Area calculations for gross land area, wetland areas, right-of-way dedications,
and proposed public and private parks or open space',
c. Eis1ing zoning district(s) on the subject land and all adjacent parcels',
d. Layout of proposed lots with future lot and block numbers. The perimeter
boundary line of the subdivision should he distinguishable from the other
property lines. Denote Outlots planned for public dedication and/or open space
(schools, parks, etc.);
c. The location of proposer] septic disposal area(s);
I. Area calculations for each parcel;
g. Proposed setbacks on each lot (fori ng the building pad) and calculated
buildable area:
h. Proposed gross hardcover allowance per lot (if applicable):
i. Existing contours at intervals of two feet. Contours must extend a minimum of
200 feet beyond the boundary of the parcel(s) in question;
j. Delineation of wetlands and/or watercourses over the property;
k. Delineation of the ordinary high water levels of all water bodies:,
1, Location, \vial, and names of existing and proposed streets within and
immediately adjacent to the subdivision parcel;
in. Easements and rights -of -way within or adjacent to the subdivision parcel( s);
n. The location and orientation of proposed buildings;
Page 16 of 23
1).
Proposed sidewalks and trails:
Vehicular circulation system showing locationand dimension for all driveways,
parking spaces, parking lot aisles, service roads, loading areas, lire lanes,
emergency access, if necessary, public and private streets, alley's, sidewalks, bike
paths, direction of traffic flow and traffic control devices:
Lighting location, style and mounting, and light distribution plan.
r. Proposed parks, common areas, and preservation casements (indicate public vs.
private ir applicable);
s. Location, access and screening detail of large trash handling and recycling
collection areas
4. Colored renderings which detail the building materials being used and clearly
communicate the look and design of the proposed building(s):
5. Proposed architectural and performance standards for the developinent:
0. A grading drainage and erosion control plan prepared by a registered professional
engineer providing all inforniation as required by Public Works and/or the
Community Development Department;
7. A utility, plan providing all information as required by Public Works andior the
Community Development Department:
S. Results of deep soil test pits and percolation tests, a the rate of no fewer than 2
successful test results for each proposed septic disposal area:
A landscape plan, including preliminary sketches of how the landscaping v ll look,
prepared by a qualified professional providing all information outlined in Section
10. A tree preservation plan as required by Section
11. The location and detail of signagc providing all pertinent information necessary- to
determine compliance with Section i --;
12. A traffic study containing.. at a minimum_ the total and peak hour trip generation from
the site at full development, and the effect of such traffic on the level of service of
nearby and adjacent streets, intersections, and total parking requirements:
13. A plan sheet or narrative clearly delineating all features being modified from
standard open space PUD regulations:
14. Common Interest Conununity Association documents including bylaws. deed
restrictions, covenants, and proposed conservation easements.
9
15. Any other information as directed by the Community Development Department.
Page 17 of 23
(c) Pl11) Preliminary Plan Review
As part oldie review process for an open space PlID Preliminary Plan, thc
Community Development Department shall generate an analysis of the proposal
against the expectations for PUDs, and make a recommendation regarding the
proposed overlay district for Planning Commission and City Council consideration.
2. The Community Development Department shall prepare a draft ordinance to
establish the potential overlay district to he established as a contponentof the PUD
Final Plan.
The Planning Commission shall hold a public hearing and consider the application's
consistency with the goals for PUDs, the PUD review criteria, and applicable
comprehensive plan goals. The Planning Commission shall make recommendations
to the City Council on the merit, needed chang.es, and suggested conditions to impose
on the PUD.
4. In approving or densing the PLID Preliminary Plan, the City Council shall make
findings on the PUDreview criteria outlined in Section 1023.08.
5. As a condition of PUD Preliminary Plan approval: finalization, adoption, and
publication of an overlay district ordinance shall need to occur prior to the filing of
anyfuture final plat.
(d) ;Effect of a PUD Preliminary Plan Review
Preliminary Plan approval governs the preparation of the PhD Final Plan ‘vhich must he
submitted for final approval in accordance with the requirements of this Article.
c) Omitation of ApprovaF,
The City Councils review elan open space PUD Preliminary Plan shall remain valid fur
a period of one (1) year. The City ('ouncil. in its sole discretion, may extend the validity
of their .findings for an additional year.
PO) Final Plan
(a) 4ppicafion
Application for an open space PUD Final Plan shall he submitted for approval within
ninety (90) days of City Council approval of the open space PUD Preliminary Plan unless
a AV r itten request for a time extension is submitted by the applicant and approved by the
City Council.
Page 18 of 23
- Commented [BGA451: Rather than allowing the
applicant to draft an overlay district, we are
proposing that staff begin the process at
preliminary plan. The cost for this work will
need to be incorporated into the fee for a
Preliminary Plan application.
Note that staff will ONLY be creating a draft
now for feedback and direction. The actual
code language will be reviewed during the
Final Plan phase.
- Commented [BGA461: This subsection clarifies
EXACTLY what a developer gets as a result of
the Preliminary Plan process.
Commented [BGA471: Preliminary Plan approvals
may remain valid for up to 2.0 years.
-! Commented [6GA48]: To ensure the process
continues to move forward, we are
recommending a 90 day time -frame in which
the final plan application must be submitted.
(b) RID Final Plan Submittal Itequirements
Except as may be waived by the Community Development Department, the following
information shall constitute a complete application for an open space PUD Final Plan.
All required information for a final plat per ..inseri applicable (-.1 i011
2. All required PUD Preliminary Plan documents, other than the preliminary plat, shall
he updated to incorporate and address all conditions of PUD Preliminary Plan
approval.
3. Any deed restrictions, covenants. agreements, and articles of incorporation and
bylaws of any proposed hoineownersl association or other documents or contracts
which control the use or maintenance 01-property covered by the P1.11).
4. A final staging plan, if staging is proposed, indicating the geographical sequence and
timing of development, including the estimated start and completion date for each
stage.
5. Up -to -dale title evidence for the subject property in a form acceptable to the
Community Development Department.
6. Warranty deeds for Property being dedicated to the City for all parks, Outlots, etc.,
free from all liens and encumbrances.
7. All easement dedication documents for easements 110i shown on the final plat
including those for trails, ingress/egress, etc., together with all necessary consents to
the easement by existing encumbrancers of the property.
8. Any other information deemed necessary by the Community Development
Department to fully present the intention and character of the open space PUD.
9, If certain land areas or structures within the open space PUD are designated for
recreational use, public plazas, open areas or service facilities, the owner of such land
and buildings shall provide a plan to the city that ensures the continued operation and
maintenance of such areas or facilities in a manner suitable to the city.
(c) PUD Final Plan Review
I. The Community Development Department shall generate an analysis of the final
documents against the conditions of the open space PUD Preliminary Plan approval,
and make a recommendation as to whether all conditions have been met or if
additional changes arc needed.
2. Staff should once again identify any information subminals that were waived so
Council may determine if such is needed prior to making a final decision.
The Community Development Department shall finalize the ordinance to establish
the proposed overlay district for consideration by the Planning Commission and City
Council,
Page 19 of 23
4. The Planning Commission shall hold a public hearing On the proposed Overlay
District ordinance and open space Final PUD Plans, and shall submit a
recommendation to the City Council for consideration. Because an open space PUD
Preliminary Plan NV ai previously approved, the Planning Commission's
recommendation shall only focus on 'N,‘ killer the Ordinance and open space PUD
Final Plan are in substantial compliance with the open space PUD Preliminary Plan
and the required conditions of approval.
5_ The City Council shall then consider the recommendations of the Community
Development Department, the public, and the Nanning Commission, and make a
decision of approval or denial, in whole or in part, on the open space PUD Final Plan.
A denial shall only he based on findings that an open space PUD Final Plan is not in
substantial compliance with the approved open space PUD Preliminary Plan and/or
the required conditions of approval.
6. As a condition of PUD Final Plan approval, publication of the overlay district
ordinance shall he required prior to tiling of the approved final plat.
7. Planned Unit Development Agreement.
a. At its sole discretion. the City may as a condition of approval, require the owner
and developer of the proposed open space PUD to execute a development
agreement which may include but not he limited to all requirements of the open
space PUD Final Plan.
b. The development agreement may require the developers to provide an
irrevocable letter of credit in favor of the City. The letter of credit shall be
provided by a financial institution licensed in the state and acceptable to the City.
The City may require that certain provisions and conditions of the development
agreement he stated in the letter of credit. The letter of credit shall be in an
amount sufficient to ensure the provision or development of improvement called
for by the development agreement.
8. As directed by the City, documents related to the PUD shall be recorded against the
property.
Page 20 of 23
Commented IBGA491: Unlike most platting
processes, we must hold a public hearing at
this point in the process as the City must
adopt the final ordinance language that will
govern the PUD,
((J) Time Limit
A Planned Unit Development shall be validated by the applicant through the
commencement of any necessary construction or establishment of the authorized
use(s), subject to the permit requirements offitle 9 of this Code, in support of the
Planned Unit Development within one ( I) year of the date of open space PUD Final
Plan approval. Failure to meet this deadline shall render the open space PUD Final
Plan approval void. Notwithstanding this time limitation, the City Council may
approve extensions attic time allowed for validation of the Planned Unit
Development approval if requested in writing by the applicant, extension requests
shall he submitted to the Community Development Department and shall identity the
reason(s) why the extension is necessary along vith an anticipated timeline for
validation of the Planned Unit Development.
2. An application to reinstate an open space PUD that was voided for not meeting the
required time limit shall be administered in the same manner as a new open space
PhD beginning at open space PUD Preliminary Plan.
§ 154.662 OPFN SPACE MID ANIENDNIENT,5._
Approved open space PUDs may be amended from time to lime as a result of unforeseen circumstances,
overlooked opportunities, or requests from a developer or neighborhood. Al such a time, the applicant shall
make an application to the city for an open space PUD amendment.
(A) Amendments to Existing Open Space PUD Overlay District(s)
Amendments to an approved open space PUD Overlay district shall he processed as one of the
following:
(1) Administrative Amendment
The Community Development Department may approve minor changes in the location,
placemem. and height of buildings if such changes are required by engineerins or other
circumstances, provided the changes conform to the approved overlay district intent and are
consistent with all requirements of the open space PUD ordinance. Under no circumstances
shall an administrative amendment allow additional stories to buildings, additional lots, or
changes to designated uses established as part of the PUD. An Administrative Amendment
shall he memorialized via letter signed by the Community Development Director and
recorded against the PUI) property.
Page 21 of 23
Commented [BGA501: This section will deal with
how the City will process amendments to both ;
open space PUDs and existing OP
developments.
(2) Ordinance Amendment
A PUD change requiring a text update to the adopted open space IUD overlay district
language shall be administered in accordance with adopted regulations for zoning code
changes in .,, Ordinance amendments shall be limited to changes that are deemed
by the Community Development Department lo he consistent with the intent of the original
open space PUD approval, but are technically necessary due to construction of the adopted
overlay district language.
(3) PLED Amendment
Any change not qualifying for an administrative amendment or an Ordinance amendment
shall require an open space PUD amendment. An application to amend an open space PUD
shall be administered in the same manner as that required for a new PUD beginning at open
space PUD Preliminary Plan.
(B) it't-e-e‘isliitg 01' 11e‘elormients ,!..-, '"1.14" 1r, pr=v2r.., ;,,,,! ,,,,,'l Commented (BGA51]: This section will be written
i if these amendments continue to move i
forward. ,
,
.00'id i'. ,'4"''',.'!':'... ',0 ;,1ff '.1,:r.,,'', T.',,,' Pi.'! '...',",11-',1' ,li,-.0":;,.1 \ ',.,11*.,qt•I., ,,,,
§ 154.663 1-1.1) CAN(.:ELLATION Commented [BGA52]: This section outlines the
process for cancelling a previous PUD
An open space PUD shall only be cancelled and revoked upon the City Council adopting an ordinance approval,
rescinding the overlay district establishing the PLO. Cancellation of a PUD shall include findings that
demonstrate that the PUD is no longer necessary due to changes in local regulations over time', is
inconsistent with the Comprehensive Plan or other application land use regulations'. threatens public safety,
health, or ‘velfare; or other applicable findings in accordance with law,
§ 154.664 ADNIINISTIOTIONI
In general. the following rules shall apply to all open space PUDs:
(A) Rules and regulations
No requirement outlined in the open space PUD review process shall restrict the City Council from
hiking action on an application if necessary to meet state mandated time deadlines.
Page 22 of 23
Commented [BGA53]:This section includes
some final rules and regulations deemed
t important by staff.
(B) Preconstruction
No building permt shall be granted for any building on land for which an open space PUD plan is
in the process of review, unless the proposed building is allowed under the existing zoning and will
not impact, influence, or interfere with the proposed open space PUD plan.
(C) Effect on Conveyed Property
In the event that any real property in an approved open space PUI) is conveyed in total, or in part,
the new owners thereof shall be hound by the provisions of the approved overlay district,
,SECTION 6 (Will update the list of overlay districts in Chapter 154 to include the Open
Space Planned Unit Development Overlay District)
Page 23 of 23
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE TO REPEAL EXISTING OPEN SPACE DEVELOPMENT
REGULATIONS WITHIN CHAPTER 150, ADOPT NEW OPEN SPACE
DEVELOPMENT REGULATIONS IN CHAPTER 154, AND TO
IMPLEMENT REFERENCE UPDATES IN CHAPTER 154
SECTION IkriGo (Will include definition updates if needed -- TBD)
SECTION 21i3(:;,A.2) (Will repeal existing OP codes in Chapter 150)
SECTION 3rtioA31 (Will replace existing OP codes in Chapter 150 with reserved
language)
i.e. "Sections 150.161 through 150.199 — RESERVED"
SECTION 4plomi (Will clean up numerous existing problems with numbering in
Chapter 154 to allow for placement of the new ordinance within zonii
SECTION 51BGAsi Will adopt the new Open Space Planned Unit Development Regulations as
follows:
Article XVI: OPEN SPACE PLANNED UNIT DEVELOPMENTS
§ 154.650 iPURPOSE.P36,01.
The purpose of open space planned unit developments is to maintain the rural character of Lake Elmo by
.preserving agricultural land, woodlands, corridors, pollinator & wildlife habitat, and other significant
natural features; while still allowing for residential development consistent with the goals and objectives
of the city's Comprehensive Plan:
§ 154.651 INTENTpiomi.
It is the intent of the City of Lake Elio that open space planned unit developments will offer needed
development flexibility within the Agricultural, Rural Residential, and Rural Estate zoning districts to
provide for:
Page 1 of 23
(A) A variety of lot configurations and housing styles that may not otherwise exist within the City's
rural areas;
(B) An avenue to provide a development density equal to or greater than what could be achieved via
underlying zoning;
(C) A reduction in the costs to construct and maintain public facilities and infrastructure in a rural
setting.;
(D) Protected open space to enhance and preserve the natural character of the community; and
(E) The creation of distinct neighborhoods that are interconnected within rural areas.
§ 154.652 IDEFINITIONS[BGAsi.
Unless specifically defined in §§ 154.009 et seq., common definitions, words, and phrases used in §§
154.009 et seq. shall be interpreted so as to give them the same meaning as they have in common usage
throughout this code and are found in § 11.01.
§ 154.653 01.MT-10N OF PROCEEDINGS[BGA9].
The owner of property on which an open space PUD is proposed shall file the applicable application for a
PUD by paying the fee(s) set forth in S',..)(b:' and submitting a completed application form
and supporting documents as set forth on the application form and within this Section. Complete
applications shall be reviewed by City Commissions as deemed necessary by the Community
Development Department, including a public hearing before the Planning Commission, and be acted upon
by the City Council. If a proposed PUD is denied, any subsequent application for a substantially similar
PUD within one (1) year of the date of denial shall fully address all findings which supported the denial
prior to being accepted as complete.
§ 154.654 REFLECTION ON THE OFFICIAL ZONING MAp[BGAio].
(A) PUD provisions provide an optional method of regulating land use which permits flexibility from
standard regulating provisions. Establislunent of a PUD shall require adoption of an ordinance
creating an overlay zoning district atop the boundaries of the development area. For each PUD
District, a specific ordinance shall be adopted establishing all rules which shall supersede
underlying zoning. Issues not specifically addressed by the PUD Overlay district shall be governed
by the underlying zoning district regulations.
(B) All Open Space Preservation developments approved prior to I shall
be allowed to continue per the original conditions of approval.
§ 154.655 PREREQUISITES FOR OPEN SPACE PUI:)[BoAii).
(A) Only land zoned as Agricultural, Rural Residentia], or Rural Estate may be considered for
establishment of an open space planned unit development.
Page 2 of 23
(B) The minimum land area for establishment of an open space planned unit development is a nominal
contiguous 40 acres.
(C) Establishment of an open space planned unit development will be considered only for areas of land
in single ownership or control. Alternatively, multiple party ownership, in the sole discretion of the
City, is acceptable when legally sufficient written consent from all persons and entities with
ownership interest is provided at the time of application.
§ 154.656 'USES VLTI11N OPEN SPACE Plinsir3At2i.
(A) Primary Uses.
(1) Permitted.
(a) Single-family, detached;
(b) Preserved open space;
(c) Conservation easements;
(d) Agriculture;
(e) Suburban fanns;
(1) Private stables;
(g) Single-family, attached;
(h) IOwflh1OLISeS tti(.;Ai.sii(tio more than 25% in any development)
(i) Wayside stand; and
(j) Public parks and trails.
(2) Conditionally Permitted.
None
(3) Interim Permitted.
None
(B) Accessory Uses.
(1) Permitted.
Uses deemed by the Community Development Department to be typically accessory to an
established permitted use on the property as listed in 154.656(A)(1).
(2) Conditionally Permitted.
None
(3) Interim Permitted.
None
(C) Prohibited Uses
Page 3 of 23
All other uses not listed in 154.656(A)(1) or 154.656(A)(2) are hereby prohibited.
(D) Use Restrictions
Adopted PUD overlay district regulations may include specific provisions governing uses which
supersede the general regulations herein or that which may otherwise be required by underlying
zoning.
§ 154.657 OPEN SPACE PUD DESIGN[BGA 14]
Open space PUDs shall comply with all of the following minimum design standards unless modifications
are authorized for consideration by the City Council via a super -majority vote [13GAI5jat the time of PUD
Sketch Plan review. Authorization of such modifications resulting from a PUD Sketch Plan review shall
not be construed as approvals for the change(s), but rather as an authorization to present such
modifications as a component of the plan during the PUD Preliminary Plan review.
(A) Density
The maximum dwelling unit density within an open space planned unit development shall be :10
40 ‘t.ncl[BGinc16]; however, the total number of dwelling units shall not
exceed the density limitations contained in the Comprehensive Plan for Opens Space Preservation
Development.
(B) Lot Design
Lot locations and configurations within open space planned unit developments shall be derived
utilizing the following methodology. An applicant must be able to demonstrate how these steps
resulted in the plan being proposed.
(1)
Soils Analysis Conducteti[BGAin
A certified septic designer or soils scientist shall complete a review of the soils on the site,
and categorize all areas as highly suitable for septic systems, moderately suitable for septic
systems, or poorly suited for septic systems.
(2) Septic Design Identification[BoAisi
Based on the soils analysis, an applicant must identify whether the proposed development
rill be serviced by individual septic tanks and drain fields, or via a system of individual
septic tanks which utilize one or more communal drain fields.
(a) If individual septic tanks and drain fields can be supported by the available soils and is
the chosen methodology to serve the development, all proposed lots must be able to
provide primary and secondary drain field sites, and must meet a minimum lot size
requirement as outlined herein.
(b) if individual septic tanks which utilize communal drain fields is the chosen methodology
to serve the development, then the location(s) for communal drain fields shall be
Page 4 of 23
(3)
identified within the area(s) deemed the most suitable on the site for supporting septic
utilities according to the soils analysis. All such areas shall be clearly denoted on
provided plan sets.
,Identification of Required IltiffcrSitiGA 19j
No build zones from each property boundary shall be derived as follows:
(a) A two -hundred (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.
(b) A one -hundred (100) foot buffer from all adjacent property lines that abut an existing
open space planned unit development, or a parcel of land eligible for future development
as an open space planned unit development.
(c) If the development site is adjacent to an existing OP development, the required buffer
shall be equivalent to the buffer that was required of the adjacent development (sec
Section xxx).
(d) !By majority vote of the City Counei BGA20]. required buffers may be reduced or
eliminated entirely if the applicant can demonstrate that existing mature vegetation,
changes in topography occurring on the site, or proposed landscaping will provide an
effective year-round buffer between the structures proposed within the open space
planned unit development and neighboring development.
(4) Identification of Preferred Building Pad Locations
Building pad locations [up to the maximum number of units permitted by 154.657(A)] which
preserve natural topography and drainageways (in as much as possible), minimizes tree loss,
protects historic sites or structures, and limits the need for soil removal and/or grading shall
then be identified. The orientation of individual building sites shall strive to maintain
maximum natural topography and ground cover.
(a) Building pads shall be located outside of required buffers, and shall be cited so as to
provide ample room for accessory structures on future lots.
(c)
toat
(iA2 I 17
If individual septic tanks and drain fields for each lot are to be utilized, locations for
[primary and secondary facilities ittio.A2211Or each proposed building pad shall also be
identified. Generalized locations for such may be shown during the PUD Sketch Plan
phase, but all such sites must be verified as being viable as a component of PUD
Preliminary Plan review.
(d) If individual septic tanks utilizing communal drain fields is intended, the plan must
clearly identify which communal drain field will service each of the proposed building
pads.
Page 5 of 23
(5) Placement of Streets
(a) Streets shall then be designed and located in such a manner as to:
1. Maintain and preserve natural topography, groundcover, significant landmarks, and
trees;
2. Minimize cut and fill;
3. Preserve and enhance both internal and external views and vistas;
4. Promote road safety;
5. Assure adequate access for fire and rescue vehicles; and
6. Assure and promote adequate vehicular circulation both within the development and
with adjacent neighborhoods.
(b) The minimum street right-of-way for one-way streets shall be 40 feet, and the minimum
right-of-way for two-way streets shall be 50 feet.
(c) 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.
(d) Streets shall be designed according to the following standards:
I. Pavement shall be 14 to 18 feet wide for 1-way streets;
2. Pavement shall be 22 to 28 feet wide for 2-way streets; and
3. Pavement width shall be 22 to 24 feet for streets where homes are located on just 1
side of the street.
4. Streets shall not be constructed with a rural cross-section.
(6) Lot Creation
Based on the street location(s), building pad locations, and septic system location(s); lines to
delineate individual lots shall then be identified in accordance with the following:
(a) Lot Size
1. Single-fainily lots being served by individual septic tanks and drain fields shall be a
minimum of one ( I ) acre in size;
2. !Single-family lots being served by individual septic tanks utilizing communal drain
fields shall he a minimum of 'A acre (10,890 square feet) in sizeRicA231;
Page 6 of 23
3. Base lots for townhomes shall be large enough such that individual unit lots can meet
al] required structure setbacks contained herein.
Buildable Area to be Shown
I. Buildable area on each proposed lot shall be shown taking into account required
buffers from adjacent parcels and the following setback standards:
Front Yard
Side Yard
Corner Lot Front Yard
Corner Lot Side Yard
Rear Yard
Well from Septic Tank
HOUSING TYPE Additional
Single Family Homes Townhomes Requirements
0
20
15 feet or 10% of lot width
30
30
20
50
2. Proposed buildable area on each lot shall be sufficient to accommodate primary and
accessory structures that are normal and customary to the type of development being
proposed.
Open Space and Parkland Adjuslineni.,OGA24]
(a) ()pen Space1BGA25)
1. The total preserved open space area within an open space planned unit development
shall be no less than 50% of the total gross land area, as defined by § 11.01. if this
threshold is not achieved after following the first six steps of lot design, the proposed
lot areas will need to be adjusted or lots eliminated until this requirement is met.
Not less than 60% of the preserved open space shall he in contiguous parcels which
are ten (10) or more acres in size.
3. Preserved open space parcels shall be contiguous with preserved open space or public
park land on adjacent parcels.
(b) Parkland
I. Parks and recreational facilities shall be provided in addition to preserved open space
as specified in the Lake Elmo Parks Plan.
2. Determination of whether a land or cash dedication will be required to fulfil parkland
requireinents will be at the discretion of the City Council, with direction to be
provided as a component of PUD Sketch Plan review. If a required parkland
Page 7 of 23
dedication causes overall open space to drop below the minimum threshold, the
proposed lot areas will need to be adjusted or lots eliminated until the open space
requirement is once again met.
3. Any dedication shall he consistent with the dedication and fee -in -lieu standards
specified in Chapter 153.
§ 154.658 OPEN SPACE PUD DEVELOPMENT STANDARDS[BGA26]
Open space PUDs shall comply with all of the following development standards unless modifications are
authorized for consideration by the City Council via a super -majority vote 13(1A27Jat the time of PUD
Sketch Plan review. Authorization of such modifications resulting from a PUD Sketch Plan review shall
not be construed as approvals for the change(s), but rather as an authorization to present such
modifications as a component of the plan during e PUD Preliminary Plan review.
(1)
Preserved Open Space Standards
(a) All preserved open space within an open space planned unit development shall be subject
to a conservation easement and used for the purposes as defined
(b) Preserved open space land shall be controlled in one or more of following, manners as
determined at the sole discretion of the City Council:
1. Owned by an individual or legal entity who will use the land for preserved open
space purposes as provided by permanent conservation restrictions (in accordance
with M.S. Ch. 84C.01-.05, as it may be amended from time to time), to an acceptable
land trust as approved by the city; and/or
2. Conveyed by conservation easement to the city.
(c) Preserved open space land shall be maintained for the purposes for which it was set aside.
If preserved open space was set aside for agricultural purposes or for natural habitat, a
plan shall be submitted which will indicate how the land will be maintained or returned to
a natural state and who will be responsible for plan implementation. Developers shall
provide copies of common interest community (CIC) declarations to prospective
purchasers, and conservation easements to the city, describing land management practices
to be followed by the party or parties responsible for maintaining the preserved open
space.
(d) Where applicable, a Common Interest Community association shall be established to
permanently maintain all residual open space and recreational facilities. The Common
Interest Community association agreements, guaranteeing continuing maintenance, and
giving lien right to the city if there is lack of the maintenance shall be submitted to the
city as part of the documentation requirements for a final plan.
(2) Septic System Design Standard[BGA281
(a) All septic systems shall conform to [BGA29]the performance standards of the Minnesota
Pollution Control Agency's standards for sewage treatment systems WPC-7080 and its
Page 8 of 23
(b)
appendices, or the M.P.C.A. standards in effect at the time of installation and septic
system regulations of the Lake Elmo Municipal Code.
Communal drain fields may be partially or completely located in an area designated as
preserved open space provided:
1. The ground cover is restored to its natural condition after installation; and
Recreational uses are prohibited above or within 50 feet of communal drain fields, or
as approved by the City Engineer.
3. No wetland treatment system shall be allowed A41-higreentl3GA301.
(c) Communal drain fields, if installed, shall be professionally maintained; arid are
acceptable once legally sufficient documentation has been provided by the developer to
ensure such maintenance will continue in perpetuity.
(3) Building Standards
(a) Principal structures within open space planned unit developments shall not exceed 2 and
'A stories or 35 feet in height.
(b) !Accessory structures within open space planned unit developments Shall not exceed 22
feet in heightfBGA31].
(c) It is desired that the structures within neighborhoods convey a particular architectural
style with similar building components, materials, roof pitches. The PUB Overlay
ordinance crafted for each individual development should establish minimum
architectural standards for the neighborhood.
(4) Landscaping Standards
(a) A landscape plan for the entire site is required and shall consist of at least 10 trees per
building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches
above grade level.
(b) Boulevard landscaping is required along all streets to consist of at least 1 tree per every
30 feet or placed in clusters at the same ratio.
X:t.1-4BGA321
0;
OIL
,d
Page 9 of 23
(5)
Otht: h.'
Surface SlatulardS[BGA33] ;4•iQt
The maximum impervious surface allowable within an open space planned unit development
shall be 20% of the land area not dedicated as preserved open space subject, to the following:
(a) Impervious surfaces created by roads, trails, and other planned impervious improvements
shall count against the maximum allowed impervious coverage.
(b) Remaining allowed impervious surface acreage may be distributed between the planned
building sites, and maximums for each lot shall be clearly documented within the overlay
district ordinance governing the development.
On individual lots, areas covered by pervious pavers or comparable systems may receive
a 25% credit against the lot's hardcover if the system is installed consistent with the City
of Lake Elnio Engineering ,S'ianclarch Manual, and adequate storm water mitigation
measures (as may be necessary) are installed to mitigate potential runoff created by the
additional coverage above the allowed impervious surface threshold. All such credits
shall be at the discretion of the City Engineer.
(c)
(6) Trail Standards
A trail system or sidewalks shall be established within open space planned unit developments
in accordance with the following:
(a) The linear footage of trails provided shall be at least equal in length to the sum of the
centerline length of all public roads within the development.
(b) All trails shall be constructed of asphalt or concrete in compliance with the standard city
design plate for OP trails.
(c) Proposed trails shall provide connections between and access to the buildable land areas
and preserved open space land being created by the development.
(d) Proposed trails shall connect to existing, planned, or anticipated trails or roads on
adjacent parcels.
(e) If applicable, trails shall be linked (or be designed to provide a future link) to the "Old
Village" to emphasize the connection between existing and new development.
Page 10 of 23
§ 154.659 BUFFER SETBACKS IN OP DEVELOPMENTS [BGA341
Buffer setbacks shall be applied from the edge of the existing open space preservation developments as
follows.
1;!ecoolm.entled[BGA35j Buffer Setbacks in OP Developments (in feet)
North Exception
Edge. South Edge West Edge East Edge Parcel(s)
St, Croix's Sanctuary 200 50 50 100
Discover Crossing 200 100 50 100
Whistling Valley I 25 200
WhistlingWhistlingValley 11 25
Whistling Valley Ill 50
Farms of Lake Elmo 100
Prairie Hamlet 200
Fields of St. Croix I 50
Fields of St. Croix 11 N/A
The Homestead 50
Tapestry at Charlotte's Grove 50
Tamarack Farm Estates 100
Sunfish Ponds 100
Hamlet on Sunfish Lake 50
Cardinal Ridge 100
Wildflower Shoves 100
Heritage Farms 50
N/A N/A
100 85 N/A
100 100 N/A
50 100 25
50 50 100
N/A 200 100
200 200 N/A
50 200 50
50 200 50
100 100 100
100 100 200
100 50 50
200 50 50
200 100 200
N/A N/A 50
Page 11 of 23
N/A
100
N/A
Tana Ridge (Res. 2009-033)
Parkview Estates (Res. 2009-033)
N/A
50; except
Lot 9,
Block 5 use
20 ft
N/A
N/A
50 50
N/A 50
§ 154.660 OPEN SPACE PUD REVIEW CRITERIA1[13GA36]
The following findings shall he made by the City Council prior to approval of a new or amended open
space planned unit development:
(1) The proposed development is consistent with the goals, objectives, and policies of the
Comprehensive Plan.
(2) The Preliminary Plan is consistent with the purpose of .50.1
(3) The Preliminary Plan complies with the development standards of 75
§ 154.661 OPEN SPACE PUD REVIEW PROCEDURE[BoAr]
All requests to establish an open space Planned Unit Development shall be initiated by following the
steps below.
(1)
Open Space PUD Sketch Plan
(a) Purpose
The open space PUD Sketch Plan is the first step in the development process which gives
the applicant an opportunity to present their ideas to the City Council and public so as to
gain general feedback on areas that will require additional analysis, study, design,
changes, etc.
I. Feedback gained during the open space PUD Sketch Plan phase should be addressed
within the subsequent PUD Preliminary Plan.
2. At Council's discretion via super -majority VOt[BGA38], any of the minimum standards
outlined in either § 154.657 or § 154.658 may be modified to authorize submission
of an open space PUD Preliminary Plan, that is tailored to the development site.
Authorization of such modifications resulting from a PUD Sketch Plan review shall
not be construed as approvals for the change(s), but rather as an authorization to
present such modifications as a component of the plan during the PUD Preliminary
Plan review.
(b) Specific open space PUD Sketch Plan Submittal Requirements
Except as may be waived by the Community Development Department[BGA39], the
Page 12 of 23
following information shall constitute a complete application for an open space PUD
Sketch Plan.
I. A listing of contact information including name(s), address(es) and phone number(s)
of: the owner of record, authorized agents or representatives, engineer, surveyor, and
any other relevant associates;
A listing of the following site data: Address, current zoning, parcel size in acres and
square feet and current legal description(s);
3. A narrative explaining the applicant's proposed objectives for the open space PUD, a
listing of the proposed modifications from standard in § 154.657 as may be
applicable, and an explanation of how the proposal addresses the PUD review criteria
in § 154.660.
4. A listing of general information including the following:
a. Number of proposed residential units.
b. Calculation of the proposed density of the project showing compliance with §
154.657(A).
c. A listing of all proposed land uses (i.e, preserved open space, buildable sites,
parkland, etc).
d. Square footages of land dedicated to each proposed land use.
5. An existing conditions exhibit, including topography, that identifies the location of
the following environmental features along with calculations (in acres) for each:
a. Gross site acreage;
b. Existing wetlands;
c. Existing woodlands;
d. Areas with slopes greater than 12%, but less than 25%;
e. Areas with slopes of 25% or greater;
f. Woodlands;
g. Other pertinent land cover(s).
6. An open space PUD Sketch Plan illustrating he nature of the proposed development.
At a minimum, the plan should show:
a. Existing zoning district(s) on the subject land and all adjacent parcels;
b. Layout of proposed lots and proposed uses denoting Outlots planned for public
dedication and/or preserved open space;
c. Area calculations for each parcel;
Page 13 of 23
d. General location ofwetlands and/or watercourses over the property and within
200 feet of the perimeter of the subdivision parcel;
e Location of existing and proposed streets within and immediately adjacent to the
subdivision parcel;
f. Proposed sidewalks and trails;
g. Proposed parking areas;
h. General location of wooded areas or significant features (environmental,
historical, cultural) of the parcel;
i. Location of utility systems that will serve the property;
j. Calculations for the following;
i. Gross land area (in acres);
ii. Number of proposed residential units.
iii. Proposed density of the project showing compliance with § 154.657(A).
iv. Acreage & square footage of land dedicated to each proposed land use (i.e.
preserved open space, buildable sites, parkland, etc).
v. Acreage & square footage of land proposed for public road right-of-way;
vi, Acreage & square footage of land dedicated to drainage ways and ponding
areas;
vii. Acreage & square footage of land for Trails and/or sidewalks (if outside of
proposed road right-of-way);
k. Other: An applicant may submit any additional information that may explain the
proposed PUD or support any requests for modifications (i.e. a landscaping plan
to support the lessening or elimination of an otherwise required buffer).
7. The outline of a conceptual development schedule indicating the approximate date
when construction of the project, or stages of the same, can be expected to begin and
be completed (including the proposed phasing of construction of public
improvements and recreational & common space areas).
A statement of intent to establish a Common Interest Community association with
bylaws and deed restrictions to include, but not be limited to, the following;
a. Ownership, management, and maintenance of defined preserved open space;
b. Maintenance of public and private utilities; and
c. General architectural guidelines for principal and accessory structures.
9. If applicable, a historic preservation plan for any historic structures on the site shall
be submitted.
(c) Open Space KID Sketch Plan Proposal Review
Page 14 of 23
I. Planning Commission
a. Upon receiving an open space PUD Sketch Plan proposal, the Community
Development Department shall schedule a date upon which the Planning
Commission will review the plans and o1d a public hearing ge,GAartion the
proposal. Notice for the public hearing shall be completed j 011 -V I
Ui
b. Following the hearing, the Planning Commission shall adopt findings and
recommendations on the proposed open space PUD as soon as practical.
c. The Community Development Department may forward an application to the
City Council without a recommendation from the Planning Commission only if it
is deemed necessary to ensure compliance with state mandated deadlines for
application review.
2. City Council
a. The City Council may listen to comments on the proposed development if they
deem such necessary prior to taking action on the proposed open space PUD
Sketch plan.
b. After consideration of the Community Development Department
recommendation, the Planning Commission recommendation, and the comments
received at the public hearing, the City Council may comment on the merit of the
request, needed changes, and suggested conditions that the proposer should
adhere to with any future application.
c. For each of the identified modifications to the minimum standards outlined in §
154.657, the 'City Council shall take a vote to instruct the applicant as to whether
the modification can be pursued as a component of the PUD Preliminary Plan
revieW[BGA41]. The ability to pursue approval of modified standards may only he
authorized via a super -majority vote of the City Council.
((1) Effect of a PUP Sketch Plan Review[BGA42]
The City Council and Planning Commission's comments during the PUD Sketch Plan
review are explicitly not an approval or denial of the project, and are intended only to
provide information for the applicant to consider prior to application for an open space
PUD Preliminary Plan,
Limitation of Approva[BGA43]
The City Council's review of an open space PUD Sketch Plan shall remain valid for a
period of six (6) months. The City Council, in its sole discretion, may extend the validity
of their findings for an additional year.
Page 15 of 23
(2) PUD Preliminary Plan
(a) Prerequisit efE3GA(141
No application for an open space PUD Preliminary Plan will be accepted unless a
distinctly similar proposal has completed the open space PUD Sketch Plan review
process which is valid upon the date of application.
(b) PUD Preliminary Plan Submittal Requirements
Except as may be waived by the Community Development Department, the following
information shall constitute a complete application for an open space PUD Preliminary
Plan.
1. All required information for a preliminary plat per Chapter 1102, Section 1102.01(C)
and Section 1102.02.
2. A written summary of the required Developer Open louse meeting as required by
Chapter 1102, Section 1102.01(B)(5).
3. A separate open space PUD Preliminary Plan which includes the following
infonnation:
a. Administrative information (including identification of the drawing as an "Open
Space PUD Preliminary Plan," the proposed name of the project, contact
information for the developer and individual preparing the plan, signature oldie
surveyor and civil engineer certifying the document, date of plan preparation or
revision, and a graphic scale and north arrow);
b. Area calculations for gross land area, wetland areas, right-of-way dedications,
and proposed public and private parks or open space;
c. Existing zoning district(s) on the subject land and all adjacent parcels;
d. Layout of proposed lots with future lot and block numbers. The perimeter
boundary line of the subdivision should be distinguishable from the other
property lines. Denote Outlots planned for public dedication and/or open space
(schools, parks, etc.);
e. The location of proposed septic disposal area(s);
f. Area calculations for each parcel;
g. Proposed setbacks on each lot (forming building pad) and calculated
buildable area;
h. Proposed gross hardcover allowance per lot (if applicable);
i. Existing contours at intervals of two feet. Contours must extend a minimum of
200 feet beyond the boundary of the parcel(s) in question;
Page 16 of 23
k.
J.
Delineation of wetlands and/or watercourses over the property;
Delineation of the ordinary high water levels of all water bodies;
1. Location, width, and names of existing and proposed streets within and
immediately adjacent to the subdivision parcel;
m. Easements and rights -of -way within or adjacent to the subdivision parcel(s);
n. The location and orientation of proposed buildings;
o. Proposed sidewalks and trails;
p. Vehicular circulation system showing location and dimension for all driveways,
parking spaces, parking lot aisles, service roads, loading areas, fire lanes,
emergency access, if necessary, public and private streets, alleys, sidewalks, bike
paths, direction of traffic flow and traffic control devices;
q. Lighting location, style and mounting and light distribution plan.
r. Proposed parks, common areas, and preservation easements (indicate public vs.
private if applicable);
s. Location, access arid screening detail of large trash handling and recycling
collection areas
4. Colored renderings which detail the building materials being used and clearly
communicate the look and design of the proposed building(s);
5. Proposed architectural and performance standards for the development;
6. A grading drainage and erosion control plan prepared by a registered professional
engineer providing all information as required by Public Works and/or the
Community Development Department;
7. A utility plan providing all information as required by Public Works and/or the
Community Development Department;
8, Results of deep soil test pits and percolation tests, at the rate of no fewer than 2
successful test results for each proposed septic disposal area;
9. A landscape plan, including preliminary sketches of how the landscaping will look,
prepared by a qualified professional providing all information outlined in Section
;
ID. A tree preservation plan as required by Section
11. The location and detail of signage providing all pertinent information necessary to
detennine compliance with Section
12. A traffic study containing, at a minimum, the total and peak hour trip generation from
the site at full development, and the effect of such traffic on the level of service of
Page 17 of 23
nearby and adjacent streets, intersections, and total parking requirements;
13. A plan sheet or narrative clearly delineating all features being modified from
standard open space PUD regulations;
14, Common Interest Community Association documents including bylaws, deed
restrictions, covenants, and proposed conservation easements.
15. Any other information as directed by the Community Development Department.
(c) PUD Preliminary Plan Review
1. As part of the review process for an open space PUD Preliminary Plan, the
Community Development Department shall generate an analysis of the proposal
against the expectations for PUDs, and make a recommendation regarding the
proposed overlay district for Planning Commission and City Council consideration.
Fhe Community Development Department shall prepare a draft ordinance to
establish the potential overlay district tELtelA451to be established as a component of the
PUD Final Plan.
3. The Planning Commission shall hold a public hearing and consider the application's
consistency with the goals for PUDs, the PUD review criteria, and applicable
comprehensive plan goals. The Planning Commission shall make recommendations
to the City Council on the merit, needed changes, and suggested conditions to impose
on the PUD.
4. In approving or denying the PUD Preliminary Plan, the City Council shall make
findings on the PUD review criteria outlined in Section 1023.08.
5. As a condition of PUD Preliminary Plan approval; finalization, adoption, and
publication of an overlay district ordinance shall need to occur prior to the filing of
any future final plat.
(d) Effect of a PUD Preliminary Plan Iteview0GA461
Preliminary Plan approval governs the preparation of the PUD Final Plan which must be
submitted for final approval in accordance with the requirements of this Article.
'limitation of Approval(BGA41
The City Council's review of an open space PUD Preliminary Plan shall remain valid for
a period of one (1) year. The City Council, in its sole discretion, may extend the validity
of their findings for an additional year.
(3) PUD Final Plan
(a) !Application 1)eadline(BGA48i
Application for an open space PUD Final Plan shall be subtnitted for approval within
Page 18 of 23
ninety (90) days of City Council approval of the open space PUD Preliminary Plan unless
a written request for a time extension is submitted by the applicant and approved by the
City Council,
(b) PUD Final Plan Submittal Requirements
Except as may be waived by the Community Development Department, the following,
information shall constitute a complete application for an open space PUD Final Plan.
1. All required information for a final plat per -
2. All required PUD Preliminary Plan documents, other than the preliminary plat, shall
be updated to incorporate and address all conditions of PUD Preliminary Plan
approval.
3. Any deed restrictions, covenants, agreements, and articles of incorporation and
bylaws of any proposed homeowners' association or other documents or contracts
which control the use or maintenance of property covered by the PUD.
4. A final staging plan, if staging is proposed, indicating the geographical sequence and
timing of development, including the estimated start and completion date for each
stage.
5. Up-to-date title evidence for the subject property in a form acceptable to the
Community Development Department.
6. Warranty deeds for Property being dedicated to the City for all parks, Outlots, etc.,
free from all liens and encumbrances.
7. All easement dedication documents for easements not shown on the final plat
including those for trails, ingress/egress, etc., together with all necessary consents to
the easement by existing encumbrancers of the property.
S. Any other information deemed necessary by the Community Development
Department to fully present the intention and character of the open space PUD.
9. If certain land areas or structures within the open space PUD are designated for
recreational use, public plazas, open areas or service facilities, the owner of such land
and buildings shall provide a plan to the city that ensures the continued operation and
maintenance of such areas or facilities in a manner suitable to the city.
(c) PUD Final Plan Review
1. The Community Development Department shall generate an analysis of the final
Page 19 of 23
documents against the conditions of the open space PUD Preliminary Plan approval,
and make a recommendation as to whether all conditions have been met or if
additional changes are needed.
Staff should once again identify any information submittals that were waived so
Council may determine if such is needed prior to making a final decision.
3. The Community Development Department shall finalize the ordinance to establish
the proposed overlay district for consideration by the Planning Commission and City
Council.
4. 1tiePlanning Commission shall hold a public hearingl[ GA49ion the proposed
Overlay District ordinance and open space Final PUD Plans, and shall submit a
recommendation to the City Council for consideration. Because an open space PUD
Preliminary Plan was previously approved, the Planning Commission's
recommendation shall only focus on whether the Ordinance and open space PUD
Final Plan are in substantial compliance with the open space PUD Preliminary Plan
and the required conditions of approval.
5. The City Council shall then consider the recommendations of the Community
Development Department, the public, and the Planning Commission; and make a
decision of approval or denial, in whole or in part, on the open space PUD Final Plan.
A denial shall only be based on findings that an open space PUD Final Plan is not in
substantial compliance with the approved open space PUD Preliminary Plan and/or
the required conditions of approval.
6. As a condition of PUD Final Plan approval, publication of the overlay district
ordinance shall be required prior to filing of the approved final plat.
7. Planned Unit Development Agreement.
a. At its sole discretion, the City may as a condition of approval, require the owner
and developer of the proposed open space PUD to execute a development
agreement which may include but not be limited to all requirements of the open
space PUD Final Plan.
b. The development agreement may require the developers to provide an
irrevocable letter of credit in favor of the City. The letter of credit shall be
provided by a financial institution licensed in the state and acceptable to the City.
The City may require that certain provisions and conditions of the development
agreement be stated in the letter of credit. The letter of credit shall be in an
amount sufficient to ensure the provision or development of improvement called
for by the development agreement.
8. As directed by the City, documents related to the PUD shall be recorded against the
property.
Page 20 of 23
(d) Time Limit
l. A Planned Unit Development shall be validated by the applicant through the
commencement of any necessary construction or establishment of the authorized
use(s), subject to the permit requirements of Title 9 of this Code, in support of the
Planned Unit Development within one (1) year of the date of open space PUD Final
Plan approval. Failure to meet this deadline shall render the open space PUD Final
Plan approval void. Notwithstanding this time limitation, the City Council may
approve extensions of the time allowed for validation of the Planned Unit
Development approval if requested in writing by the applicant; extension requests
shall be submitted to the Community Development Department and shall identify the
reason(s) why the extension is necessary along with an anticipated timeline for
validation of the Planned Unit Development.
An application to reinstate an open space PUD that was voided for not meeting the
required time limit shall be administered in the same manner as a new open space
PUD beginning at open space PUD Preliininary Plan.
§ 154.662 OPEN SPACE P111) AMENOMENTSintiA5a]
Approved open space PUDs may be amended from time to time as a result of unforeseen circumstances,
overlooked opportunities, or requests from a developer or neighborhood. At such a time, the applicant
shall make an application to the city for an open space PUD amendment.
(A) Amendments to Existing Open Space PUD Overlay District(s)
Amendments io an approved open space PUD Overlay district shall be processed as one of the
following:
(1)
Administrative Amendment
The Community Development Department may approve minor changes in the location,
placement, and height of buildings if such changes are required by engineering or other
circumstances, provided the changes conform to the approved overlay district intent and are
consistent with all requirements of the open space PUD ordinance. Under no circumstances
Page 21 of 23
shall an administrative amendment allow additional stories to buildings, additional lots, or
changes to designated uses established as part of the PUD. An Administrative Amendment
shall be memorialized via letter signed by the Community Development Director and
recorded against the PUD property.
(2) Ordinance Amendment
A PUD change requiring a text update to the adopted. open space PUD overlay district
language shall he administered in accordance with adopted regulations for zoning code
changes in Ordinance amendments shall be limited to changes that are deemed
by the Community Development Department to be consistent with the intent of the original
open space PUD approval, but are technically necessary due to construction of the adopted
overlay district language.
(3) PUD Amendment
Any change not qualifying for an administrative amendment or an Ordinance amendment
shall require an open space PUD amendment. An application to amend an open space PUD
shall be administered in the same manner as that required for a new PUD beginning at open
space PUD Preliminary Plan.
(13) l'rk.-existing OP 1)eN'el()Iiiiieilis iBGA511i :TT
hv
Hv
d);4irRt
§ 154.663 ii)1.1,) CANcEi...i„vriaNkmiA5.21
An open space PUD shall only be cancelled and revoked upon the City Council adopting an ordinance
rescinding the overlay district establishing the PUD. Cancellation of a PUD shall include findings that
demonstrate that the PUD is no longer necessary due to changes in local regulations over tinte; is
inconsistent with the Comprehensive Plan or other application land use regulations; threatens public
safety, health, or welfare; or other applicable findings in accordance with law-.
§ 154.664 .A1.)INIINIS'FRATION'intii..\531
In general, the following rules shall apply to all open space PUDs:
Page 22 of 23
(A) Rules and regulations
No requirement outlined in the open space PUD review process shall restrict the City Council from
taking action on an application if necessary to meet state mandated time deadlines;
(B) Preconstruction
No building permit shall be granted for any building on land for which an open space PUD plan is
in the process of review, unless the proposed building is allowed under the existing zoning and will
not impact, influence, or interfere with the proposed open space PUD plan.
(C) Effect on Conveyed Property
In the event that any real property in an approved open space PUD is conveyed in total, or in part,
the new owners thereof shall be bound by the provisions of the approved overlay district.
SECTION 6 (Will update the list of overlay districts in Chapter 154 to include the Open
Space Planned Unit Development Overlay District)
Page 23 of 23
THF, (Try-
1 K E
MAYOR AND COUNCIL COMMUNICATION
DATE: May 10, 2016
WORKSHOP
ITEM
AGENDA ITEM: MUSA Land Use Study
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Kristina Hanclt, City Administrator
BACKGROUND:
At the April City Council Workshop the City Council discussed land use within the Old Village and 1-94
MUSA areas. At the meeting, the Council requested more information including:
• Clarification of the City's responsibility toward meeting the regions affordable housing need.
• Need for future sewered development.
• Update study maps to include cun-ent development.
On April 29, 2016, Staff met with the Metropolitan Council Representative, Lisa Barajas, to discuss the
implications of the City's system statement and potential land use changes within the MUSA areas.
DETAILS/ANALYSIS:
The 2015 System Statement shows population, household and employment and the City's allocation of
affordable housing need. The following charts summarize these numbers:
Population, Households and Employment Forecasts
Forecast. Yeur
2020
2030
2040
Population
10_500
14,100
18.200
!tottschul d E rnI1o\n1cnt
2,900
5,300 3,350
7,1.00 3,800
Allocation of Affordable Housing Need
A tOrBelow3OAMI 27
1rom3lto50 AM I I 79
From5 1 tO0A1VII 302
Total Units 508
1,•.; •‘•!••it,to
The 2030 forecasted population, household and employment numbers have dropped front that
which was initially planned, however, the City is still required to meet the forecasted 2040
numbers, including have enough land guided for sewered growth at an average density of 3 units
per acre,
The City's responsibility for regional affordable housing need does include the Cimarron
properties, however the City is required to have 508 additional units of housing that are:
at a density of 8 units/acre, or
at a density of 12 units/acre to address the allocated affordable housing need at <50%
AMI (This combines your con-ununity's allocation at <30% AMI and 31-50% AMI), and
6 units/acre to address the allocated affordable housing need at 51-80% AMI,
The City will need to maintain some high and medium land use in the MUSA areas to
accommodate the City's allocated affordable housing needs, approximately 64 acres at 8 units
per acre to meet the 2030 need, but likely more will be needed for 2040.
As of today, between Inwood, Hammes, Savona, Boulder Ponds, Hunters Crossing, Wildflower,
Village Preserve, Easton Village, Village Park Preserve and Diedrich plats, there are 1567 units
of sewered residential development approved. In addition, Arbor Glen Senior Living will likely
add an additional 45 units to the MUSA. The total number of existing planned (platted) new
sewered housing units in the MUSA is approximately 1854.
Summary:
• Unplatted areas in the 1-94 MUSA area have the potential for an additional 1851-3456
new housing units, based on the range of densities allowed in the Comprehensive Plan.
• The unplatted Old Village MUSA area has the potential for an additional new 839-2085
housing units, based on the range of densities allowed in the Comprehensive Plan.
Ciman-on is being counted as toward Lake Elmo's existing allocation of 2020 housing
need.
• 508 new units of high density (min. 8 units per acre) needed for 2030 for Lake Elmo's
allocation of housing need.
• Additional allocations of affordable housing need will likely he added for 2040.
• Current 2030 Comprehensive Plan: guides for approximately 763 high density units.
• Sewered growth must average 3 units per acre.
Undeveloped Phase 1-3 properties in MUSA will yield an approximate additional 3,305
REC units (not including Cimarron).
• Undeveloped Old Village properties in MUSA will yield an approximate additional 487
REC units
• Tartan park would provide approximately 275-350 additional REC units if added to the
MUSA.
ISSUE BEFORE COUNCIL:
The issue before Council is to determine desired Comprehensive Plan changes and to provide direction to
Staff.
ATTACHMENTS:
• Village Planned Land Use Map 3-5
• Land Use Plan for South of 10'1Street (Updated with existing development)
• Land Use Plan for South of I 011' Street (hatched unplatted areas)
Land Use Plan for South of 10'
Shows zoning at
eet (as updated by 2015 CPAs)
outlined
.. .
3377" .•
Approximate Corresponding REC Units (Lowest permitted density assumptions: R-3=2,5 upa, R-4=4.5 upa, R-5=7.5 upa, C&H04 ree/acres,B C/0=2 rec!acre)
3434:3 3S.
=
7,;.77,1%14
-
41.--.N:c
Previous approximate NEW REC units (excluding anticipated Eagle Point & Cimarron hook-ups): 4685 (High)/4384 (Low)
"'Irorttk"`"
Updates with new developments (updated numbers are outlined in vellow on figure above)("--" indicates that the new developments are more than the previous numbers by indicated
number & "-" indicates that the new developments are less than the previous numbers by indicated number):
Inwood; + 26, Hammes: -6. Savona: +91, Boulder Ponds: -55, Hunters Crossing: -53, Reider: -59
Updated approximate NEW REC units (excluding anticipated Eagle Point & Cimarron hook-ups): 4629 (High)/4328 (Low)
44t 4104 _
R4M1J61-
36 87
Land Use Plan for South of 10'h Street (as updated by 2015 CPAs)
Shows zoning and acreage of outlined
134 09
R4
47
R4 MUC
34 03
R3
41 17
R4
45 3'1
9 R4 WC
26 89
R3
94 33
,I!
Approximate Corresponding REC Units (Lowest permitted density assumptions: R-3=2,5 upa. R-4=4.5 upa, upa. C&HC=4 reciacres, B C/0-2 rec/acre)
_
,2
-t0,411k,
¢-- - 5- E.--
Previous approximate NEW REC units (excluding anticipated Eagle Point & Cimarron hook-ups): 4685 (Higb)/4384 (Low)
Undates with new developments (undated numbers are outlined in yellow on figure above), ("+" indicates that the new developments are more than the previous numbers by indicated
number & indicates that the new developments are less than the previous numbers by indicated number):
Inwood: + 26, Hammes; -6, Savona: +91, Boulder Ponds: -55, Hunters Crossing: -53, Reider: -59
Updated approximate NEW REC units (excluding anticipated Eagle Point & Cimarron hook-ups): 4629 (High)/4328 (Low)
^. ry• Am-, I- y,
Federal RPZ
Saftey Zone A
Saftey Zone B
el Acreage
Village Planned Land Use
Lake Elmo Comprehensive Plan 2030
Map 3-5
E
Planned Land Uses
Public/Park (P) t.ViIlage Boundary
n Rural Area Development (RAD) Village Open Spate Overlay
=Rural Single Family (RS) Open Space Acreage: 592 Acres
rzi Village Urban Low Density (V-LDR)
Zj Village Urban Medium Density (V-MDR)
2iVillage Mixed Use (VMX)
FL'2 Commercial (C)
Sovr.e hnLo,, Cokiniy & Jiro GJS
10,9-2;114
TI IF. CITY 01'
LAKE ELMO