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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
byprovide greater development flexibility within rural portions of the community while still 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. The City reserves the right to deny establishment of an open space PUD overlay
district and direct a developer to re-apply under standard zoning provisions if it is determined that proposed
benefits of the open space PUD do not justify the requested flexibilities.
§ 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
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provide for:
(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 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
DepartmentDirector of Planning, 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.
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(B) The minimum land area for establishment of an open space planned unit development is a nominal
contiguous (40, 30, 20, 10) 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 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 DepartmentDirector of Planning 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.
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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
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
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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.
(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 landland that is eligible for future
development as an open space planned unit development.
(c) If the development site is adjacent to an existing or approved OP development, the required
buffer shall be equivalent to the buffer that was required of the adjacent development (see
Section xxx154.659).
(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.
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(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 streetdesign of streets and the dedication of right-of-way for one-way streets
shall be 40 feet, and the minimum right-of-way for two-way streets shallin compliance with
the City’s standard plates and specifications as may be 50 feet.amended.
(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 ¼1/2 acre (10,89021,780 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.
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(b) Buildable Area to be Shown
1. Buildable area on each proposed lot shall be shown taking into account required.
Buildable area shall exclude land within the following areas:
a. Required buffers from adjacent parcelslands [see section 154.657(3)]
b. Steep slopes;
c. Drainage swales;
d. Easements; and
1.e. Land within the following setback standardssetbacks:
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.
Formatted: Font color: Red
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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.
§ 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.
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(2) Septic System Design Standards
(a) In General
(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.
(b) Communal drain fieldsIndividual Septic Drain fields
Sites for individual septic drain fields, both primary and secondary, must be located
entirely within each lot and cannot be located within any other easement.
(c) Communal Drain Fields.
(b)a. Communal drain fields may be partially or completely located in an area
designated as preserved open space provided:
1.i. The ground cover is restored to its natural condition after installation; and
2.ii. 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)b. 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.
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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.
(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.
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§ 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
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§ 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
(2) All prerequisites for an open space PUD as outlined in § 154.655 are met.
(3) All open space PUD design standards (as outlined in § 154.657) and all open space
development standards (as outlined in § 154.658) are met; or if deviations are proposed, that
all such deviations are supported because:
a. The deviation(s) allow for quality building and site design that will enhance aesthetics of
the site;
b. The deviation(s) help to create a unified environment within the project boundaries by
ensuring one or more of the following: architectural compatibility of all structures, efficient
vehicular and pedestrian circulation, enhanced landscaping and site features, and/or
efficient use of utilities;
c. The overall design provides appropriate solutions to eliminate adverse impacts that
proposed deviations may impose on surrounding lands.
(4) If the proposed PUD involves construction over two or more phases, the applicant has
demonstrated that each phase is capable of being a stand-alone development independent of
other phases.
§ 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.
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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 DepartmentDirector of
Planning, 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);
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).
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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;
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
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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 DepartmentCity 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)..
b. Following the hearingUpon completing their review, the Planning Commission
shall adopt findings and recommendations on the proposed open space PUD as
soon as practical.
The Community Development Department
c. The Director of Planning 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 DepartmentDirector of
Planning’s 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.
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(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.
(b) PUD Preliminary Plan Submittal Requirements
Except as may be waived by the Community Development DepartmentDirector of
Planning, 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);
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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;
o. Proposed sidewalks and trails;
o.
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, the City Engineer,
and/or the Community Development DepartmentDirector of Planning;
7. A utility plan providing all information as required by Public Works, the City
Engineer, and/or the Community Development DepartmentDirector of Planning;
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>;
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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.Director of Planning.
15.
(c) PUD Preliminary Plan Review
1. As part of the review process for an open space PUD Preliminary Plan, the
Community Development DepartmentDirector of Planning 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 DepartmentThe Director of Planning 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.
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(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.
(b) PUD Final Plan Submittal Requirements
Except as may be waived by the Community Development DepartmentDirector of
Planning, 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 DepartmentDirector of Planning.
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, buffer establishment, 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
DepartmentDirector of Planning 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.
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(c) PUD Final Plan Review
1. The Community Development DepartmentThe Director of Planning 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 DepartmentThe Director of Planning shall finalize the
ordinance to establish the proposed overlay district for consideration by the Planning
Commission and City Council.
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 DepartmentDirector of Planning, 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.
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(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 DepartmentDirector of Planning
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 DepartmentThe Director of Planning 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.
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(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 DepartmentDirector of Planning 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;
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(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)