Loading...
HomeMy WebLinkAboutPkt--OP Ordinance Update_CC_05-10-16 Memorandum DATE: 5-10-16 TO: Lake Elmo City Council FROM: Stephen Wensman, City Planner SUBJECT: OP Ordinance Update –Initial Draft for Discussion PURPOSE To update the City’s OP development codes to eliminate on-going issues (i.e. 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 May 10, 2016 Page 2 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 certainly 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 Page 3 of 6 154.651 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 May 10, 2016 Page 4 of 6 154.657 Open Space PUD 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 still 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 loss, protect historic sites, etc. If individual septic sites are proposed, each home site should also 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 lot given setbacks, septic areas, etc. Lake Elmo Council Meeting May 10, 2016 Page 5 of 6 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 City, 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. Lake Elmo Council Meeting May 10, 2016 Page 6 of 6 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: Language in RED 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! Page 1 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 1 (Will include definition updates if needed -- TBD) SECTION 2 (Will repeal existing OP codes in Chapter 150) SECTION 3 (Will replace existing OP codes in Chapter 150 with reserved language) i.e. “Sections 150.161 through 150.199 – RESERVED” SECTION 4 (Will clean up numerous existing problems with numbering in Chapter 154 to allow for placement of the new ordinance within zoning) SECTION 5 Will adopt the new Open Space Planned Unit Development Regulations as follows: Article XVI: OPEN SPACE PLANNED UNIT DEVELOPMENTS § 154.650 PURPOSE. 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 INTENT. It is the intent of the City 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 configurations and housing styles that may not otherwise exist within the City’s rural areas; Commented [BGA1]: Commented [BGA2]: Commented [BGA3]: Commented [BGA4]: Commented [BGA5]: Commented [BGA6]: Commented [BGA7]: Page 2 of 23 (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 DEFINITIONS. 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 INITIATION OF PROCEEDINGS. 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 _____ of this Code 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. (A) PUD provisions provide an optional method of regulating land use which 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 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 [date of ordinance publication] shall be allowed to continue per the original conditions of approval. § 154.655 PREREQUISITES FOR OPEN SPACE PUDs. (A) Only land zoned as Agricultural, Rural Residential, or Rural Estate may be considered for establishment of an open space planned unit development. (B) The minimum land area for establishment of an open space planned unit development is a nominal contiguous 40 acres. Commented [BGA8]: Commented [BGA9]: Commented [BGA10]: Commented [BGA11]: Page 3 of 23 (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 WITHIN OPEN SPACE PUDs. (A) Primary Uses. (1) Permitted. (a) Single-family, detached; (b) Preserved open space; (c) Conservation easements; (d) Agriculture; (e) Suburban farms; (f) 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. 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. All other uses not listed in 154.656(A)(1) or 154.656(A)(2) are hereby prohibited. Commented [BGA12]: Commented [BGA13]: Page 4 of 23 (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 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 at 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 20 units per 40 acres of buildable land; 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 Conducted 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 Based on the soils analysis, an applicant must identify whether the proposed development will 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 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. Commented [BGA14]: Commented [BGA15]: Commented [BGA16]: Commented [BGA17]: Commented [BGA18]: Page 5 of 23 (3) Identification of Required Buffers 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 (see Section xxx). (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 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. (b) Whenever possible, building pads shall be oriented in small clusters often referred to as rural hamlets. (c) If individual septic tanks and drain fields for each lot are to be utilized, locations for primary and secondary facilities for 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. Commented [BGA19]: Commented [BGA20]: Commented [BGA21]: Commented [BGA22]: Page 6 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: 1. 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-family lots being served by individual septic tanks and drain fields shall be a minimum of one (1) acre in size; 2. Single-family lots being served by individual septic tanks utilizing communal drain fields shall be a minimum of ¼ 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. Commented [BGA23]: Page 7 of 23 (b) Buildable Area to be Shown 1. Buildable area on each proposed lot shall be shown taking into account required buffers from adjacent parcels and the following setback standards: HOUSING TYPE Additional Requirements Single Family Homes Townhomes Front Yard 30 20 xxx Side Yard 15 feet or 10% of lot width xxx Corner Lot Front Yard 30 xxx Corner Lot Side Yard 30 xxx Rear Yard 20 xxx Well from Septic Tank 50 xxx 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 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. 2. Not less than 60% of the preserved open space shall be 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 1. 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 requirements 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 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 be consistent with the dedication and fee-in-lieu standards specified in Chapter 153. Commented [BGA24]: Commented [BGA25]: Page 8 of 23 § 154.658 OPEN SPACE PUD DEVELOPMENT STANDARDS 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 at 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. (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 by §§ 150.175 et seq. (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 of §§ 150.175 et seq. for a final plan. (2) Septic System Design Standards (a) All septic systems shall conform to the performance standards of the 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. Commented [BGA26]: Commented [BGA27]: Commented [BGA28]: Commented [BGA29]: Page 9 of 23 (b) 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 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 within the village green. (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 ½ stories or 35 feet in height. (b) Accessory structures within open space planned unit developments shall not exceed 22 feet in height. (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 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. OR (a) Developer shall plant a minimum of 6 trees, 1 inch caliper deciduous, or coniferous trees; 3 feet in height per acre unless a lot within the subdivision is determined by the Community Development Department to be naturally wooded which would, at a minimum, consist of the caliper and height of trees required by this chapter; and (b) Developer shall provide spaced or clustered plantings of 1 ½ inch caliper deciduous trees at a rate of 2 per 100 lineal feet on both sides of the street, between 0 and 5 feet to the inside of the right-of-way for rural sections and between 5 feet and 10 feet to the inside of right-of-way for urban sections. Four foot conifers may be substituted. Commented [BGA30]: Commented [BGA31]: Commented [BGA32]: Page 10 of 23 (5) Impervious Surface Standards (still needs work) 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. (c) 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 Elmo Engineering Standards 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. (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. Commented [BGA33]: Page 11 of 23 § 154.659 BUFFER SETBACKS IN OP DEVELOPMENTS Buffer setbacks shall be applied from the edge of the existing open space preservation developments as follows. Recommended Buffer Setbacks in OP Developments (in feet) North Edge South Edge West Edge East Edge Exception Parcel(s) St. Croix’s Sanctuary 200 50 50 100 Discover Crossing 200 100 50 100 Whistling Valley I 25 200 N/A N/A Whistling Valley 1I 25 100 85 N/A Whistling Valley III 50 100 100 N/A Farms of Lake Elmo 100 50 100 25 Prairie Hamlet 200 50 50 100 Fields of St. Croix I 50 N/A 200 100 Fields of St. Croix 1I N/A 200 200 N/A N/A The Homestead 50 50 200 50 Tapestry at Charlotte’s Grove 50 50 200 50 100 Tamarack Farm Estates 100 100 100 100 Sunfish Ponds 100 100 100 200 Hamlet on Sunfish Lake 50 100 50 50 Cardinal Ridge 100 200 50 50 Wildflower Shoves 100 200 100 200 Heritage Farms 50 N/A N/A 50 N/A Tana Ridge (Res. 2009-033) N/A N/A 50 50 Parkview Estates (Res. 2009-033) 50; except Lot 9, Block 5 use 20 ft N/A N/A 50 Commented [BGA34]: Commented [BGA35]: Page 12 of 23 § 154.660 OPEN SPACE PUD REVIEW CRITERIA The following findings shall be 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 §§ 150.175 et seq. (3) The Preliminary Plan complies with the development standards of §§ 150.175 et seq § 154.661 OPEN SPACE PUD REVIEW PROCEDURE 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. 1. 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 vote, 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, the following information shall constitute a complete application for an open space PUD Sketch Plan. 1. 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; 2. A listing of the following site data: Address, current zoning, parcel size in acres and square feet and current legal description(s); Commented [BGA36]: Commented [BGA37]: Commented [BGA38]: Commented [BGA39]: Page 13 of 23 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 the 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; d. General location of wetlands 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; Page 14 of 23 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). 8. 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 PUD Sketch Plan Proposal Review 1. 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 hold a public hearing on the proposal. Notice for the public hearing shall be completed in conformance with (reference applicable code section assuming we have one). Commented [BGA40]: Page 15 of 23 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. The ability to pursue approval of modified standards may only be authorized via a super-majority vote of the City Council. (d) Effect of a PUD 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 for the applicant to consider prior to application for an open space PUD Preliminary Plan. (e) 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 year. (2) PUD Preliminary Plan (a) Prerequisite 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. Commented [BGA41]: Commented [BGA42]: Commented [BGA43]: Commented [BGA44]: Page 16 of 23 (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 House meeting as required by Chapter 1102, Section 1102.01(B)(5). 3. A separate open space PUD Preliminary Plan which includes the following information: 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 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. 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 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; l. 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; Page 17 of 23 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 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 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 <insert applicable section here> ; 10. A tree preservation plan as required by Section <insert applicable section here>; 11. The location and detail of signage providing all pertinent information necessary to determine compliance with Section <insert applicable section here>; 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 Community Association documents including bylaws, deed restrictions, covenants, and proposed conservation easements. 15. Any other information as directed by the Community Development Department. Page 18 of 23 (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. 2. The Community Development Department shall prepare a draft ordinance to establish the potential overlay district to 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 Review 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. (e) Limitation of Approval 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 Deadline Application for an open space PUD Final Plan shall be submitted for approval within 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. Commented [BGA45]: Commented [BGA46]: Commented [BGA47]: Commented [BGA48]: Page 19 of 23 (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 <insert applicable section here>; 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. 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 1. 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 are needed. 2. 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. Page 20 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 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. Commented [BGA49]: Page 21 of 23 (d) Time Limit 1. 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. 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 PUD beginning at open space PUD Preliminary Plan. § 154.662 OPEN SPACE PUD AMENDMENTS 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 to 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 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. Commented [BGA50]: Page 22 of 23 (2) Ordinance Amendment A PUD change requiring a text update to the adopted open space PUD overlay district language shall be administered in accordance with adopted regulations for zoning code changes in Section xxx. 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. (B) Pre-existing OP Developments (work in progress) Pre-existing OP developments authorized prior to [date this ordinance is effective] shall continue to be governed per the original conditions of approval until the OP development is cancelled by the City, or the OP development is converted to an open space PUD overlay district. An application to amend an existing OP development shall be administered in the same manner as that required for a new open space PUD beginning at open space PUD Preliminary Plan. § 154.663 PUD CANCELLATION 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 time; 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 ADMINISTRATION 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 taking action on an application if necessary to meet state mandated time deadlines; Commented [BGA51]: Commented [BGA52]: Commented [BGA53]: Page 23 of 23 (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)