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Home My WebLink AboutPlanning Commission pkt - 5a THE CITY OF PLANNING COMMISSION LAKE ELMO DATE: 8/22/16 AGENDA ITEM: 5A ITEM: Open Space Preservation Discussion SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Ben Gozola, Consulting Planner SUMMARY AND ACTION REQUESTED: At the 7/25/2016 Planning Commission meeting, the Commission reviewed the proposed ordinance amendment pertaining to the new Open Space PUD regulations, and held a public hearing. The Planning Commission suggested some minor edits and requested that a clean copy of the ordinance come before them for a final recommendation to the City Council. As requested, edits have been made to the ordinance and a clean copy was provided the Commission at its 8/8/16 meeting. The Commission tabled the item to the 8/16/16 meeting because some Commissioners were absent. Staff recommends approval of the attached ordinance amendment. REQUEST DETAILS Staff has attached a copy of the working ordinance with the Planning Commission's comments from the 7/25/16 meeting and a clean copy of the ordinance without comments or edits for approval. RECOMENDATION: Staff recommends that the Planning Commission recommend approval of the OP- Open Space PUD Ordinance with the following motion: "Move to recommend approval of Ordinance 08 repealing the existing open space development regulations within chapter 150, adopting new open space planned unit development regulations in chapter 154, and reorganizing and renumbering Chapter 154 to fit the new open space regulations" ATTACHMENTS: • Sambatek Memo • Ordinance 08-_Open Space PUD Ordinance • Ordinance 08- Open Space PUD Ordinance with 7.25.16 PC/Staff Comments • Resolution 2016-_Summary Publication THE CITY OF PLANNING COMMISSION LAKE ELMO DATE: 8/8/16 AGENDA ITEM: 5A ITEM: Open Space Preservation Discussion SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Ben Gozola, Consulting Planner SUMMARY AND ACTION REQUESTED: At the 7/25/2016 Planning Commission meeting, the Commission reviewed the proposed Ordinance Amendment pertaining to the new Open Space PUD regulations, and held a public hearing. The Planning Commission suggested some minor edits and requested that a clean copy of the ordinance come before them for a final recommendation to the City Council. As requested, edits have been made to the ordinance and a clean copy has been provided for the Commission's recommendation to the City Council. Staff recommends approval of the attached Ordinance Amendment. REQUEST DETAILS Staff has attached a copy of the working ordinance with the Planning Commission's comments from the 7/25/16 meeting and a clean copy of the ordinance without comments or edits for approval. RECOMENDATION: Staff recommends that the Planning Commission recommend approval of the OP- Open Space PUD Ordinance with the following motion: "Move to recommend approval of Ordinance 08 repealing the existing open space development regulations within chapter 150, adopting new open space planned unit development regulations in chapter 154, and reorganizing and renumbering Chapter 154 to fit the new open space regulations" ATTACHMENTS: • Sambatek Memo • Ordinance 08-_Open Space PUD Ordinance • Ordinance 08- Open Space PUD Ordinance with 7.25.16 PC/Staff Comments • Resolution 2016-_Summary Publication A 1--"N t: Sambatek Engineering I Surveying I Planning I Environmental Memorandum DATE: 8-8-16 TO: Lake Elmo Planning Commission FROM: Stephen Wensman,City Planner SUBJECT: Final OP Update Ordinance&Public Hearing 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. BACKGROUND The Planning Commission reviewed an initial draft of this language in April,and Council examined a subsequent draft in early May. At Council's direction,an updated draft was brought back to Council in June,which led to a final draft and a public hearing before the Planning Commission in July. Prior to making a recommendation,the Commission asked that a number of updates be incorporated into the ordinance which is why the ordinance has returned for a final review. UPDATE SUMMARY The following updates were incorporated into this draft(comments highlighted in green within the ordinance specify the location of these changes: ➢ To address the Planning Commission's concern on how the term"buildable land" is used in different contexts, we have added clarifying language to indicate that buildable land at the pre-development stage is calculated based on the buildable land which exists on the undeveloped parcel,whereas"buildable area" in the context of lot design is based on the confines of the specific lot boundaries being proposed. ➢ As directed, staff inserted more rigid language in the paragraph describing how building pads are to be designed and located. 2401 46th Avenue Southeast,Suite i2,Mandan,ND 58554 1 701.204.6845 www.sambatek.com Lake Elmo Planning Commission Meeting August 8,2016 Page 2 of ➢ The reference to the City's"standard plates and specifications"for roadway design was maintained as it accomplishes two important things: 1)it established the City's expectations for road design in open space PUDs, and 2)it allows the City to update said standards administratively should it ever wish to in the future (i.e. if the City wishes to adopt a new road design, it can do so without having to go through a two-month zoning ordinance update process). ➢ Language in various sections was update to acknowledge the City's practice of requiring all stormwater management facilities be on City owned outlots. Such land (as it always has)will still count towards open space, but it must now be on City owned property which is unencumbered by the otherwise required conservation easement. Since 2008,the City has become an MS4 community which places the onus to maintain stormwater facilities on the City whether the facility is owned by the City or not. Placing such facilities on private land or making them subject to a conservation easement unnecessarily complicates the City's mandate,so we are recommend avoiding such problems altogether and having all such land dedicated to the City for stormwater purposes. ➢ All three sub-criteria for approval of modifications must now be met before the modification can be approved. ➢ A stray reference to the previously required sketch plan public hearing was removed. ➢ Colored renderings will no longer be required as part of the Preliminary PUD submission. ➢ Extension language was updated to specify the maximum length of time for any one extension (1 year). ➢ Other minor text updates as were requested. PLANNING COMMISSION REVIEW Please read though this ordinance and be ready to make recommendations for Council consideration. ATTACHMENTS: • Updated Ordinance Language 2401 46th Avenue Southeast,Suite i2,Mandan,ND 58554 1 701.204.6845 www.sambatek.com 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. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 150:General Provisions,by repealing all Open Space Preservation regulations contained in Sections 150.175 through 150.190. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 150:General Provisions,by adding the following language after Section 150.160,Review and Revocation: Sections 150.161 through 150.199--RESERVED SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 154:Zoning Code,to implement needed reference updates as follows: • Articles I and II are restated and incorporated herein unchanged. • The currently un-numbered Article entitled"Zoning Districts,"containing sections 154.030 through 154.036,is hereby restated and incorporated herein unchanged except for the title which is amended to read:"Article III—Zoning Districts" • The currently un-numbered Article entitled"Additional Regulations and Modifications,"containing sections 154.080 through 154.083,is hereby restated and incorporated herein unchanged except for the title which is amended to read:"Article IV—Additional Regulations and Modifications" • Current Articles II1(3)through XIII(13)containing sections 154.100 through 154.600,are hereby restated and incorporated herein unchanged except for their Article numbers which are amended to read Articles V(5)through XV(15) • Current Article XIV(14)containing section 154.700 is hereby restated and incorporated herein unchanged except for its Article number which is amended to read Article XVII(17) Page 1 of 27 • Current Articles XVI(16)through XVII(17)containing sections 154.750 through 154.800,are hereby restated and incorporated herein unchanged except for their Article numbers which are amended to read Articles XVIII(18)through XIX(19) • The currently un-numbered Article entitled"Design and Performance Standards—Restrictions on Nuisance and Hazardous Activities,"containing sections 154.900 through 154.999,is hereby restated and incorporated herein unchanged except for the title which is amended to read:"Article XX— Design and Performance Standards—Restrictions on Nuisance and Hazardous Activities" • Current Section 154.106(A)(4)is amended as follows: "The proposed use meets all specific Commented[BGA1]:From this point forward in this development standards for such use listed in AFtiele 7 Article 9 of this Chapter" section of the ordinance,staff is updating Article and code references as necessary due to the renumbering being completed. Using this provision as an example,all • Current Section 154.106(E)(1)is amended as follows: "The conditions shall include all specific references to"Article 7"in code must now be updated to "Article 9" development standards for such use listed in Artiele 7 Article 9 of this Chapter" • Current Section 154.202 is amended as follows: "Permits are required for all changes in use and all Commented[BGA2]:This change fixes the noted development activities,with the exception of signs,in,.,.....Bane°"44;the"'".,a...dg of A. iele 4 reference to the correct section.The current code points the reader to regulations on"Culverts in developments with Signs shall Fequire a sign peFmit in ecomplianee with Seetion 151.115 amd I rural section" which shall be governed by the specific requirements of Section 154.212 as may be applicable." • Current Section 154.210(D)(6)is amended as follows: "Landscaping and Screening. Parking areas shall be screened and landscaped as provided in Miele 6 Article 8,Section 154.258" • Current Section 154.305(B)(6)is amended as follows: "Screening of Storage Areas.The storage or display of inoperable or unlicensed vehicles not awaiting service as in subsection(134)or other equipment,and all trash storage or disposal facilities,shall meet all setback requirements of a structure,and shall be screened from view from adjacent public streets and adjacent residential properties.Screening shall meet the requirements of Artiele 6 Article 8,Section 154.258." • Current Section 154.404(introductory paragraph)is amended as follows: "Development of land within the rural districts shall follow established standards for traffic circulation,landscape design, parking,signs and other considerations as specified in A i4iel s 5,6 and'Articles 7,8,and 9. The following standards apply to specific uses,and are organized by district." • Current Section 154.408(E)(1)is amended as follows: "Standards for accessory uses and structures that are permitted in all districts,or in all residential buildings in any district,are listed in Aisle 7 Article 9,Specific Development Standards. These include uses such as family and group family day care,bed and breakfast facilities,and home occupations,and structures such as swimming pools and solar equipment." Page 2 of 27 • Current Section 154.454(introductory paragraph)is amended as follows: "Development of land within the urban residential districts shall follow established standards for traffic circulation, landscape design,parking,signs and other considerations as specified in A fti les 5,6 and'Articles 7,8,and 9. The following standards apply to specific uses,and are organized by district." • Current Section 154.459 is amended as follows: "Standards for accessory uses and structures that are permitted in all districts,or in all residential buildings in any district,are listed in Artie-le 7 Article 9, Specific Development Standards.These include uses such as family and group family day care,bed and breakfast facilities,and home occupations,and structures such as swimming pools and solar equipment." • Current Section 154.504(introductory paragraph)is amended as follows: "Development of land within the VMX District shall follow established standards for traffic circulation,landscape design, and other considerations as specified in At4ioles 5,6 and'Articles 7,8,and 9." • Current Section 154.505(introductory paragraph)is amended as follows: "Development of land within the VMX district shall follow established standards for traffic circulation,landscape design, parking,signs and other considerations as specified in A i4ieles 5,6 and 7 Articles 7,8,and 9.The following standards apply to specific uses;other standards related to design and building type may be found at§154.506." • Current Section 154.510 is amended as follows: "Standards for accessory uses and structures that are permitted in all districts,or in all residential buildings in any district,are listed in Ai4iele 7 Article 9, Specific Development Standards. These include uses such as family and group family day care,bed and breakfast facilities,and home occupations,and structures such as swimming pools and solar equipment." • Current Section 154.5 5 3(introductory paragraph)is amended as follows: "Development of land within the commercial districts shall follow established standards for traffic circulation,landscape design,and other considerations as specified in A ftieles 5,6 and 7 Articles 7,8,and 9." • Current Section 154.554(introductory paragraph)is amended as follows: "The following standards apply to specific uses allowed within the Commercial Districts.Other specific use standards are located in Ai4iele 7 Article 9." • Current Section 154.754introductory paragraph)is amended as follows: "Uses within the PUD may rdlere I mmented[BGA3]:This paragraph must be updated as include only those uses generally considered associated with the general land use category shown is no"Article 3,Administration"in the existing code. the area on the official Comprehensive Land Use Plan.Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan.The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan.Any change in the list of uses approved in the development plan will be considered an amendment to the PUD,and will follow the procedures specified in Article 35,Section 154.105, A dmiai�' for zoning amendments." Page 3 of 27 • Current Article XV ,renumbered to Article XIX by this ordinance,is hereby restated and Commented[BGA4]:Beyond just the Article number,the incorporated herein unchanged except for its hierarchy of sections references which shall be amended overall heirarchy of sections within 154.800 doesn't follow the rest of the zoning ordinance. Worse yet,the heirarchy to follow the following subsection hierarchy: changes mid-way thoough the Section! To correct this clear formatting error,we are recommending updating each Section Number. Section Title subsection to reflect the zoning code's standard organizatin. A. Subsection B. Subsection C. Subsection 1. Subsection 2. Subsection 3. Subsection a. Subsection b. Subsection c. Subsection i. Subsection ii. Subsection i[i. Subsection • Current Section 154.800(c)(0),changed to 154.800(L)as part of the subsection hierarchy update above,is amended as follows: "Residential planned unit developments shall be permitted in shoreland areas subject to the requirements of AA"ti"'rsacle lrr-xVVT Article XVIII of this chapter." All subsections of 154.800(L)are restated and incorporated herein unchanged. SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 154:Zoning Code,to add Article XVI:OPEN SPACE PLANNED UNIT DEVELOPMENTS Article XVI.OPEN SPACE PLANNED UNIT DEVELOPMENTS §154.650 I URPOSE� Commented[BGAS]:This section simply states what the City is trying to accomplish when it reviews and approves "open space planned unit developments." Oe purpose of open space planned unit developments is to provide greater development flexibility within rural portions of the community while maintaining the rural character by preserving agricultural land, woodlands,wildlife or natural corridors,pollinator&wildlife habitat,and other significant natural features 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.l Commented[BGA6]:As requested by the City Council, we have beefed up the purpose statement to stress the City's intent to provide flexibility through this process while maintaining rural character. Page 4 of 27 §154.651 �NTENT1 Commented[BGA7]:This section outlines specific things the City wants to accomplish with open space planned unit developments including allowing for a variety of housing It is the intent of the City of Lake Elmo that open space planned unit developments will offer needed types in the rural areas of the city,allowing for increased development flexibility within the Agricultural, Rural Residential, and Rural Estate zoning districts to density,reducing infrastructure costs,protecting open space, provide for: and creating distinct but interconnected rural neighborhoods. (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 DEFINITION$. Commented[BGA8]:This section references 11.01 as the City's location for applicable definitions. New definitions Unless specifically defined in Article II,common defmitions,words,and phrases used in this Article shall (or updated definitions)created by Section one of this be interpreted so as to give them the same meaning as they have in common usage throughout this code and ordinance will be placed in Section 11.01 as may be found in§ 11.01. §154.653 INITIATION OF PROCEEDINGS(. Commented[BGA9]:This section simply outlines how a landowner can begin the open space PUD process. 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§11.02 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 Director of Planning 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(. Commented[BGA10]:This is our first reference to the fact that OP regulations for each development will now be (A) PUD provisions provide an optional method of regulating land use which permits flexibility from incorporated into an overlay district. Importantly,issues not standard regulating provisions. Establishment of a PUD shall require adoption of an ordinance addressed by the OP ordinance will be handled by underlying zoning regulations,so the City will never have to creating an overlay zoning district atop the boundaries of the development area. For each PUD worry about missing details during the approval process. 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. Page 5 of 27 §154.655 (PREREQUISITES FOR OPEN SPACE PUDsI. Commented[BGA11]:This section sets the minimum requirements that must be met before someone can request (A) Only land zoned as Agricultural, Rural Residential, or Rural Estate may be considered for an Open Space PUD. establishment of an open space planned unit development. The listed prerequisites are existing criteria EXCEPT for the (B) The minimum land area for establishment of an open space planned unit development is a nominal minimum land area which was set at twenty(20)acres by the City Council. contiguous twenty(20)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 parry 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 PUDsI. Commented[BGA12]:Here we've maintained existing language. The only transition proposed is to allow the (A) Primary Uses. overlay district regulations to amend specific use provisions that may otherwise be in code. For example,if wayside (1) Permitted. stands are limited to one per lot,the overlay district regulations may specifically identify an area within (a) Single-family,detached; preserved open space where up to three wayside stands may be erected at any point in time. The use has not changes,but (b) Preserved open space; the specific rules governing the use may be amended if deemed appropriate as part of the PUD approval. (c) Conservation easements; (d) Agriculture; (e) Suburban farms; (t) Private stables; (g) Single-family,attached; (h) �ownhouses kno more than 25%in any development) Commented[BGA13]:The Planning Commission had a split opinion on whether Townhomes should continue to be (i) Wayside stand;and allowed in OP developments. Some felt twnhomes were (j) Public parks and trails. not appropriate in rural areas,while others felt they had been very successful in such developments to date. The City (2) Conditionally Permitted. Council was asked to make a final determination,and they directed staff to maintain Townhomes as an allowed use None stating they've worked well in such developments to date. (3) Interim Permitted. None (B) Accessory Uses. (1) Permitted. Uses deemed by the Director 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 Page 6 of 27 (3) Interim Permitted. None (C) Prohibited Uses. All other uses not listed in 154.656(A)or 154.656(B)are hereby prohibited. (D) Use Restrictions and Allowances The final PUD overlay district ordinance may include specific provisions governing uses which supersede underlying zoning and the general PUD regulations herein. Commented[BGA14]:This section has undergone extensive review by both the Planning Commission and City §154.657 OPEN SPACE PUD DESIGN Council as it completely reorganizes the City's existing regulations governing lot design. Based on feedback by both Open space PUDs shall comply with all of the following minimum design standards 4-less modifications bodies to date,we believe it is nearing(or is in)its final form are authorized by the City Council kat the time of PUD Sketch Plan review. Authorization of such with the changes shown herein. modifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the Commented[BGA15]:The City Council elected to eliminate the super-majority vote requirement in favor of the change(s),but rather as an authorization to present such modifications as a component of the plan during new review criteria in Section 154.660. It was reasoned that the PUD Preliminary Plan review. the Council can elect to amend the zoning code by a simple majority any time in the future,so maintaining it as a (A) Density component of this review wasn't necessary. Commented[BGA16]:The language within the The maximum dwelling unit density within an open space planned unit development shall be 181 units comprehensive plan reads: per 40 acres of buildable land on the undeveloped parcel;however,the total number of dwelling units 'Densities are allowed up to 0.45 dwelling units per shall not exceed the density limitations contained in the Comprehensive Plan for Opens Space buildable acre when planned as part of an Open Space Preservation Development. Preservation development." 40 acres*0.45 d.u./acre=18 units (B) Lot Design Council has instructed staff to increase the permitted density in this section to 20 units per 40 acres of buildable land. Lot locations and configurations within open space planned unit developments shall be derived Unfortuantely,until/unless a comprehensive plan change is utilizing the following methodology. An applicant must be able to demonstrate how these steps approved,we cannot amend the density in the zoning code. Staff will follow this ordinance up with a second clean-up resulted in the plan being proposed. ordinance once the comp plan change has been implemented. (1) Soils Analysis Conducted 's cones t term"buildable land"is used in different contexts,we have A certified septic designer or soils scientist shall complete a review of the soils on the site,and added clarifying language here to indicate that buildable land categorize all areas as highly suitable for septic systems,moderately suitable for septic systems, at this stage is calculated based on the buildable land which or poorly suited for septic systems. exists on the undeveloped Commented[BGA17]:Requiring a developer to analyze (2) Septic Design Identification) soils followed by choosing a septic design will actually achieve the City's goal of ensuring proper septic design Based on the soils analysis,an applicant must identify whether the proposed development will drives developments. be serviced by individual septic tanks and drain fields,or via a system of individual septic tanks Commented[BGA18]:The Planning Commission which utilize one or more communal drain fields. recommended the City consider adopting a minimum number of units before a community septic system can be (a) If individual septic tanks and drain fields can be supported by the available soils and is the used. The matter was raised with the City Council,but chosen methodology to serve the development,all proposed lots must be able to provide Council would like to rely on the City Engineer to provide recommendations on proper system design,and Council primary and secondary drain field sites on each lot (outside of drainage and utility would ultimately need to make the policy decision on easements),and must meet the minimum lot size standards outlined herein. whether to allow community systems on a case-by-case basis. Page 7 of 27 (b) If individual septic tanks which utilize a communal drain field(or 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. (3) identification of Required Buffers Commented[BGA19]:This language has been amended to the three provisions shown since the Planning No build zones from each property boundary shall be derived as follows: Commission's last review of this language per Council's direction. (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 land that is eligible for future development as an open space planned unit development. Commented[BGA20]:We slightly amended this language to state the full 100 foot buffer is only needed adjacent to (c) If the development site is adjacent to an existing or approved OP development,the required land that could develop as another OP in the future. buffer shall be equivalent to the buffer that was required of the adjacent development[see Subsection(c)then handles all buffers from existing or § 154.035(B)]. approved OP developments. Note that deviations to these buffer standards may be (4) �Fdentifieation of Preferred Building Pad Locations approved by Council using the review criteria in Section 154.660. Within this new framework,Council will now ask Building pad locations[up to the maximum number of units permitted by 154.657(A)]which whether,the overall design provides appropriate solutions to preserve natural topography and drainageways, minimize tree loss,protect historic sites or eliminate adverse impacts"when considering buffer structures, and limit the need for soil removal and/or grading shall then be identified. The reductions,and/or when determining what can be donewithin buffers(a detail that can be specifically written into orientation of individual building sites shall maintain maximum natural topography and ground the overlay district ordinance governing the lots being cover. `•� created). (a) Building pads shall be located outside of required buffers,and shall be sited so as to provide Commented[BGAzla Staff er s l arming Commission's desire to avoid"wishy--washy"language,bul ample room for accessory structures on future lots. a PUD by its very nature is intended to provide a level of flexibility to adjust to real-world circumstances without the (b) If individual septic tanks and drain fields for each lot are to be utilized, locations for need for a variance. That said,the intro paragraph fo; primary and secondary facilities�or each proposed building pad shall also be identified. subdivision(4)was amended to provide more rigid laL Generalized locations for such may be shown during the PUD Sketch Plan phase,but all desired a the Planning Commission. It will just need t� Y g P noted to applicants that failure to meet these now rigid such sites must be verified as being viable as a component of PUD Preliminary Plan review. requirements will need approval as a proposed modifcatioll Staff s fear is that by making this language rigid(i.e.you (c) If individual septic tanks utilizing communal drain fields is intended,the plan must clearly must preserve natural drainageways),we may be creating a identify which communal drain field will service each of the proposed building pads. situation in which modifications are ALWAYS requested provision. (5) Placement of Streets Commented[BGA22]:As a primary step in lot design,we (a) Streets shall then be designed and located in such a manner as to: will be requiring the developer to identify general locations that can accommodate primary and secondary septic sites if (]) Maintain and preserve natural topography, groundcover, significant landmarks, and the lots are to contain their own systems. Detailed trees; information would be needed during the Preliminary Plan stage. (H) Minimize cut and fill; (iii) Preserve and enhance both internal and external views and vistas; (iv) Promote road safety; (v) Assure adequate access for fire and rescue vehicles;and Page 8 of 27 (vi) Assure and promote adequate vehicular circulation both within the development and with adjacent neighborhoods. (b) The design of streets and the dedication of right-of-way shall be in compliance with the City's standard plates and specifications as may be amended.) ,; Commented[BGA23]:Rather than list allowable ROW widths and paved street widths,staff is recommending (c) Streets shall not encroach into a required buffer area unless it can be demonstrated that simply referring to the City's standard plates and such an alignment is necessary to achieve the goals outlined above,and that no equivalent specifications. Again,if deviations are requested,the PUD review criteria will guide Council as to whether such option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90 degree deviations are warranted. angle to provide current or future access to an adjacent property or boundary road shall be _ Planning Commission's last review,it was the only exception. asked if this is really necessary. To that we are strongly recommending keeping this language as proposed as it (6) Lot Creation clearly lays out the City standard in no uncertain term you want to build a road in an OP PUD,you need to mee Based on the street location(s),building pad locations,and septic system location(s);lines to minimum City standards. Furthermore,buy phrasing the delineate individual lots shall then be identified in accordance with the following: standard this way,the City is free to update its engineering standards as may be needed without having to amend its (a) Lots ges. (i) Single-family lots being served by individual septic tanks and drain fields shall be a We elected to stay silent on how signage can or cannot be minimum of one(1)acre in size; used(i.e.no parking signs)to allow Council to make individual determinations depending upon the circumstances. (ii) Single-family lots being served by individual septic tanks utilizing communal drain Sign design and specifications should be in conformance fields shall be a minimum of 1/2 acre(21,780 square feet)in sizeL with the City's adopted sign standards rather than relisting such standards here. (iii) All land reserved for Communal septic system use shall be located within a dedicated Commented[BGA24]:We have amended this language to Outlot to be owned by the homeowners association(HOA)of the development. reinstitute the existing minimum lot sizes of one acre and one-half acre depending upon the septic system approach (iv) Base lots for townhomes shall be large enough such that individual unit lots can meet being used. all required structure setbacks contained herein. (b) of Specific Buildable Areas Commented[BGA25]:To further address the Planning ssron s c hat the term"buildable area"may be (i) The buildable area on each proposed lot which remains after consideration of each of confusing if used in different contexts,we have added the the following shall be shown: Ouildable area shall exel,.ae land within the c il ..,: words"Lot specific"to qualify how buildable area is calculated in this circumstance. 1. Required buffers from adjacent lands[see§ 154.035(B)] Based on the feedback from Engineering,we are removing wetlands,wetland buffers,and stormwater facilities from this I I'A"Otl....a,.,...a re,...ired..eda-.,1 ti_..ffefS; list as such features will now need to be dedicated on 3. Required setbacks from waterbodies and non-buildable land per Shoreland district separate Outlets which are conveyed to the City. regulations[see Article XIX]; Commented[BGA26]:This language was clarified to ensure developers understood what constituted buildable 4. Steep slopes; land on each lot. 6. Easements;and Page 9 of 27 7. Land within the following setbacks: HOUSING TYPE Single Family Homes Townhomes Front Yard 30 20 Side Yard 15 feet or 10%of lot width Corner Lot Front Yard 30 Corner Lot Street Side Yard 30 Rear Yard 20 (H) 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 Adjustmentsl Commented[BGA27]:The overall seven(7)step design process we have laid out now both emphasizes what is (a) Open Space� important to the City while recognizing and embracing how (I) The total preserved open space area within an open space planned unit development \ a developer will approach the site anyway. shall be no less than 50%of the total gross land area,as defined by§ 11.01. If this At this final step,the developer may need to shrink lot sizes threshold is not achieved after following the first six steps of lot design,the proposed or eliminate lots to meet open space and parkland F requirements. lot areas will need to be adjusted or lots eliminated until this requirement is met. Commented[BGA28]:The open space provisions are (H) sand needed for storm water facilities as required by other provisions of the Lake Elmo existing requirements. The City Council was asked to City Code may count towards required open space for the purposes of Open Space provide feedback on the occasional thin strips of land that are used to connect open space areas,but in general there PUD design,but must ultimately be placed in Outlots to be dedicated to the Cityj was no opposition to the concept and it was felt that such o (iii) Excluding land needed for compliant stone water facilities,not Not less than 60%of proposals should be judged on a case by case basis rather than requiring a minimum width. the remaining preserved open space shall be in contiguous parcels which are five(5) Commented[BGA29]:Based on on the acres or more in size.) Commission concerns about existing language on op (lV Preserved open space creels Shall be contiguous With reserved open space or public easements(see the next page),staff spent time re-examim ) p p p p p p p the open space provisions and discussing issues that have park land on adjacent parcels. arisen with the City Engineer. Based on that work,we are suggesting new language here to address land being set aside (b) Parkland to comply with stormwater regulations,and how said land (I) Parks and recreational facilities shall be provided in addition to preserved open space iPrlates to the open space requirement. as specified in the Lake Elmo Parks Plan. (i]) 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 Commented[BGA30]:The current standard in code is 60%of the dedicated open space must be in contiguous as a component of PUD Sketch Plan review. If a required parkland dedication causes parcels that are at least 1/4 of the minimum land area needed overall open space to drop below the minimum threshold,the proposed lot areas will for OP development(i.e. 40 acres minimum requires that 60%of the open space be in contiguous parcels of at least 10 need to be adjusted or lots eliminated until the open space requirement is once again acres). As the minimum land area has been reduced from 40 met. acres to 20 acres,we have adjusted the'contiguous parcel" size down accordingly. (M) Any dedication shall be consistent with the dedication and fee-in-lieu standards specified in Chapter 153. Page 10 of 27 §154.658 OPEN SPACE PUD DEVELOPMENT STANDARDS Commented[BGA31]:While Section 154.657 lays out the regulations that dictate how a development is laid out, Open space PUDs shall comply with all of the following development standards unless modifications are Section 154.658 tells the applicant how the development authorized by the City Council�t the time of PUD Sketch Plan review. Authorization of such modifications must be constructed and improved. resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s),but rather Here again we maintain the city's existing development as an authorization to present such modifications as a component of the plan during the PUD Preliminary standards for open space developments(i.e.regulating open space,septic systems,building standards,landscaping Plan review. standards,impervious surface standards,and trail standards). (1) Preserved Open Space Standards Commented[BGA32]:Again,the super-majority vote was eliminated in favor of new review criteria in Section (a) With the exception of storm water facilities which must be dedicated to the City,all 154.660 preserved open space within an open space planned unit development shall be subject to a conservation easement and used for the purposes listed in§ 154.650. (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:) Commented[BGA33]:The Planning Commission expressed concern over the language in subdivisions (i) Owned by an individual or legal entity who will use the land for a specific set of (ii)stating that the City should be the easement holder e purposes outlined by a permanent conservation easement ^e e & e e as a last resort,and that the language between the twosubdivisions should be consistent(provided vs.conveyed). led by..,.........ent (in accordance with M.S. As this was existing language that had presumably been Ch. 84C.01-.05,as it may be amended from time to time), which is conveyed to an working well,we had not offered up any suggested updates, Knowing now there is a concern,we dug deeper into t141 acceptable land trust as approved by the city;and/or language and are offering up the following changes: (h) Conveyed by conservation easement to the city. 1)based on the experiences of the City Engineer,we (iii) Owned as an Outlot by the City(this option may only be used for land being dedicated recommending that open space areas being set aside foi stormwater maintenance be credited towards required oped to the City for stormwater maintenance and conveyance purposes). space(as it always has been),but require such open space 4 (c) Preserved open space land shall be maintained for the purposes for which it was set aside. placed on separate become to a dedicated to the City. SiSnce 2008,the City haass b become an MS4 community whic)I If preserved open space was set aside for agricultural purposes or for natural habitat,a places the onus to maintain stormwater facilities on the CitJ plan shall be submitted which will indicate how the land will be maintained or returned to whether they're owned by the City or not. Placing such facilities on private land or making them subject to a natural state and who will be responsible for plan implementation. Developers shall conservation easement requirements unnecessarily provide copies of common interest community(CIC)declarations to prospective complicates the City's mandate,so we are recommen4 avoiding problems altogether and having all suclukd purchasers,and conservation easements to the city,describing land management practices dedicated to the City for stormwater purposes. to be followed by the party or parties responsible for maintaining the preserved open 2)We have clarified the language in subdivision(i)to space. recognize a conservation easement is needed,and that such must be conveyed to an acceptable land trust as approved bA (d) Where applicable,a Common Interest Community association shall be established to the City. permanently maintain all residual open space and recreational facilities. The Common We believe these two changes will add Interest Community association agreements,guaranteeing continuing maintenance,and Commission's concerns. 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§ 154.661(3)for an open space PUD Final Plan. Page 11 of 27 (2) Septic System Design Standards (a) In General The placement and design of all septic systems(shall conform to the requirements of Commented[BGA34]:Septic language now refers to Washington County. Washington County as they oversee the City's on-site systems&permitting. (b) Individual 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 easement. Commented[BGA35]:This new requirements would mandate that all individual septic systems be located on (c) Communal Drain Fields. private property. (i) (Communal drain fieldsl may be partially or completely located in an area designated as Commented[BGA36]:Existing language regarding preserved open space provided the ground cover is restored to its natural condition wetland treatment systems has been eliminated as directed by the City Council. The new ordinance will be silent on after installation, and recreational uses are prohibited above or within 50 feet of such systems,and Engineering will be asked for guidance if communal drain fields or as approved by the City Engineer. such a system is proposed in the future. (ii) 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 '/2 stories or 35 feet in height. (b) (Accessory structures within open space planned unit developments shall not exceed 22 feet in heigh�. Commented[BGA37]:The Planning Commission questioned whether we should specifically exclude historic (c) It is desired that the structures within neighborhoods convey a particular architectural structures from this requirement. Both staff and the City style with similar building components,materials,roof pitches. The PUD Overlay Council agree that no such exclusion is necessary. Historic structures taller than 22 feet would be legal nonconforming ordinance crafted for each individual development should establish minimum structures subject to protections of State Statute. architectural standards for the neighborhood. (d) All wells shall be located a minimum of fifty(50)feet from septic tanks and septic fields. Commented[BGA38]:Upon further consideration,this seems to be the most appropriate location for the well& (4) �andscaping Standardsl septic separation requirement. (a) A landscape plan for the entire site is required and shall consist of at least 10 trees per Commented[BGA39]:As directed,the optional building site;and trees shall not be not less than 1.5 inch in caliper measured at 54 inches landscaping standards staff offered for consideration have been eliminated in favor of the existing standards. 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. Page 12 of 27 (5) impervious Surface Standards) Commented[BGA40]:Staff did not recommend changes to the existing language as it seemingly has been working. The maximum impervious surface allowable within an open space planned unit development This should be monitored though and updated if problems shall be 20%of the land area not dedicated as preserved open space subject to the following: are encountered. (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 Commented[BGA41]:The"pathway"standards that are additional coverage above the allowed impervious surface threshold. All such credits currently lumped into a single paragraph are now broken shall be at the discretion of the City Engineer. apart in this new ordinance. We are not recommending incorporation of specific standards as the City should rely on (6) Trail Standardsl its standard engineering plates to identify how trails will fit into available roadway designs. A trail system or sidewalks shall be established within open space planned unit developments Commented[BGA42]:From current Section in accordance with the following: E 150.180(B)(2)(f),sentence 3 (a) The linear footage of trails provided shall be at least equal in length to the sum of the Commented[BGA43]:From current Section centerline length of all public roads within the development.) 150.180(B)(2)(f),sentence 4 Commented[BGA44]:From current Section (b) )All trails shall be constructed of asphalt or concrete in compliance with the standard city / 150.180(B)(2)(f),sentence 1 design plate for trails.) Commented[BGA45]:From current Section �(c) Proposed trails shall provide connections between and access to the buildable land areas 150.180(B)(2)(f),sentence 1 and preserved open space land being created by the development.) Commented[BGA46]:From current section 1150 180 2(B)()(f),sentence 2 (d) Proposed trails shall connect to existing,planned,or anticipated trails or roads on Commented[BGA47]:When the zoning code is adjacent parcels.) eventually reorganized,this Section will likely be relocated to a more appropriate location in Chapter 154,but for now it (e) �f applicable,trails shall be linked(or be designed to provide a future link)to the"Old is included here. Village"to emphasize the connection between existing and new development.) Commented[BGA48]:This section lists the questions the City will ask when reviewing these types of developments. These criteria have been updated since the last review by §154.659 Reserved)l Council in response to the super-majority vote for deviations being removed. §154.660 OPEN SPACE PUD REVIEW CRITERIA Rather than keeping such decision-making open-ended,we are proposing a set of criteria(in subdivision 3)by which The following findings shall be made by the City Council prior to approval of a new or amended open space Council may judge proposed deviations. planned unit development: By including a framework for decision making on deviations,we eliminate some of the subjectivity that can (1) The proposed development is consistent with the goals, objectives, and policies of the arise as PUDs are reviewed. Additional criteria can be added Comprehensive Plan. as Council may see fit. We have also added subdivision 4 which introduces a new (2) All prerequisites for an open space PUD as outlined in§ 154.655 are met. review criteria requiring that phased developments result in pieces that can stand-alone should the development go belly- up prior to completion. Page 13 of 27 (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 they achieve the following three(3)goals - Commented[BGA491: (a) The deviation(s)allow for�igher quality building and site design that will enhance deviation aesthetics of the site; (Commented[BGA50]:The l�.r;�Pr;a ae rP„»PerP.l (b) The deviation(s)help to create a more unified environment within the project boundaries by ensuring one or more of the following:architectural compatibility of all structures, Commented[BGA51]: 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( Commented[BGA521:This lengthy section outlines the process to be used to review open space PUDs from All requests to establish an open space Planned Unit Development shall be initiated by following the beginning to end. In general,this current draft follows the steps below. standard City platting process with specific PUD requirements thrown in. (1) Open Space PUD Sketch Plan Boiled down to its core,the review will require a sketch plan (a)Purpose proposal,a preliminary plan,and then a final plan. The developer open houses considered at the beginning of this The open space PUD Sketch Plan is the first step in the development process which gives process have been eliminated. 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. Feedback gained during the open space PUD Sketch Plan phase should be addressed within the subsequent PUD Preliminary Plan. (b)Specific open space PUD Sketch Plan Submittal Requirements Except as may be waived by the Director of Planning,the following information shall constitute a complete application for an open space PUD Sketch Plan. (i) A listing of contact information including name(s),address(es)and phone number(s) of:the owner of record,authorized agents or representatives,engineer,surveyor,and any other relevant associates; (ii) A listing of the following site data: Address,current zoning,parcel size in acres and square feet and current legal description(s); (ili) A narrative explaining the applicant's proposed objectives for the open space PUD,a listing of the proposed modifications from standard in§ 154.657 and§154.658 as may be applicable,and an explanation of how the proposal addresses the PUD review criteria in§ 154.660. Page 14 of 27 (iv) A listing of general information including the following: 1. Number of proposed residential units. 2. Calculation of the proposed density of the project showing compliance with§ 154.657(A). 3. A listing of all proposed land uses(i.e.preserved open space,buildable sites, parkland,etc). 4. Square footages of land dedicated to each proposed land use. (v) An existing conditions exhibit,including topography,that identifies the location of the following environmental features along with calculations(in acres)for each: 1. Gross site acreage; 2. Existing wetlands; 3. Existing woodlands; 4. Areas with slopes greater than 12%,but less than 25%; 5. Areas with slopes of 25%or greater; 6. Woodlands; 7. Other pertinent land cover(s). (vi) An open space PUD Sketch Plan illustrating the nature of the proposed development. At a minimum,the plan should show: 1. Existing zoning district(s)on the subject land and all adjacent parcels; 2. Layout of proposed lots and proposed uses denoting Outlots planned for public dedication and/or preserved open space; 3. Area calculations for each parcel; 4. General location of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel; 5. Location of existing and proposed streets within and immediately adjacent to the subdivision parcel; 6. Proposed sidewalks and trails; 7. Proposed parking areas; 8. General location of wooded areas or significant features(environmental, historical,cultural)of the parcel; 9. Location of utility systems that will serve the property; 10. Calculations for the following: a. Gross land area(in acres); Page 15 of 27 b. Number of proposed residential units. c. Proposed density of the project showing compliance with§ 154.657(A). d. Acreage&square footage of land dedicated to each proposed land use(i.e. preserved open space,buildable sites,parkland,etc). e. Acreage&square footage of land proposed for public road right-of-way; f. Acreage&square footage of land dedicated to drainage ways and pending areas; g. Acreage&square footage of land for Trails and/or sidewalks(if outside of proposed road right-of-way); 11. 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). (vii) 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). (viii) 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: 1. Ownership,management,and maintenance of defined preserved open space; 2. Maintenance of public and private utilities;and 3. General architectural guidelines for principal and accessory structures. (ix) If applicable,a historic preservation plan for any historic structures on the site shall be submitted. (c) Open Space PUD Sketch Plan Proposal Review (i) Planning Commission 1. Open receiving an open space PUD Sketch Plan proposal,the City shall schedule a date upon which the Planning Commission will review the proposall. Commented[BGA53]:The need for a sketch plan public hearing before the Planning Commission was eliminated by 2. Upon completing their review,the Planning Commission shall adopt findings and the City Council. recommendations on the proposed open space PUD as soon as practical. 3. 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. Page 16 of 27 (H) City Council 1. The City Council may listen to comments on the proposed development if they deem such necessary prior to discussing the proposed open space PUD Sketch plan. 2. )After consideration of the Director of Planning's recommendation,the Planning Commission recommendation,and any public_comments received,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. Commented[BGA54]: pu is earing requirem 3. For each of the identified modifications to the minimum standards outlined in subsection. 4. § 154.657 and§ 154.658,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. Commented[BGA55]:Under this process,Council would take individual votes on each modification proposed by the (d) �ffect of a PUD Sketch Plan Review) applicant. Approval at this stage ONLY authorizes the applicant to make the request at the Preliminary stage;it (i) The City Council and Planning Commission's comments during the PUD Sketch does NOT grant any rights to the modification. Again, Plan review are explicitly not an approval or denial of the project,and are intended modifications can only be pursued IF Council allows such via a super majority vote. only to provide information for the applicant to consider prior to application for an Commented[BGA56]:This subsection clarifies open space PUD Preliminary Plan. EXACTLY what a developer gets as a result of the sketch (ii) Proposed modifications that receive a majority vote of support from Council may be plan process. requested as part of the future PUD Preliminary Plan application,but support to pursue the modification as part of the PUD Sketch Plan in no way guarantees that the modification will be approved as part of the PUD Preliminary Plan. (e) .imitation of Approval Commented[BGA57]:Sketch Plan reviews may remain valid for up to 1.5 years. 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) Orerequisitel Commented[BGA58]:The City will not accept a preliminary plan application unless a valid sketch plan is in No application for an open space PUD Preliminary Plan will be accepted unless an place. 'is language was reworded applicant's proposal is distinctly similar to one reviewed in the completed the open space �s'on's recommendations. 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 Director of Planning,the following information shall constitute a complete application for an open space PUD Preliminary Plan. (i) All required information for a preliminary plat per Chapter 1102,§ 1102.01(C)and§ 1102.02. Page 17 of 27 (ii) A separate open space PUD Preliminary Plan which includes the following information: 1. 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); 2. Area calculations for gross land area,wetland areas,right-of-way dedications, and proposed public and private parks or open space; 3. Existing zoning district(s)on the subject land and all adjacent parcels; 4. 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.); 5. The location of proposed septic disposal area(s); 6. Area calculations for each parcel; 7. Proposed setbacks on each lot(forming the building pad)and calculated buildable area; 8. Proposed gross hardcover allowance per lot(if applicable); 9. Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s)in question; 10. Delineation of wetlands and/or watercourses over the property; 11. Delineation of the ordinary high water levels of all water bodies; 12. Location,width,and names of existing and proposed streets within and immediately adjacent to the subdivision parcel; 13. Easements and rights-of-way within or adjacent to the subdivision parcel(s); 14. The location and orientation of proposed buildings; 15. Proposed sidewalks and trails; 16. 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; 17. Lighting location,style and mounting and light distribution plan. 18. Proposed parks,common areas,and preservation easements(indicate public vs. private if applicable); 19. Location,access and screening detail of large trash handling and recycling collection areas Page 18 of 27 (iii) (Proposed architectural theming and performance standards for the development; _;.- Commented[BGA59]:The Planning Commission 19rified this subsection by eliminating the need for coq (iv) A grading drainage and erosion control plan prepared by a registered professional renderings,and changing"architectural performance engineer providing all information as required by Public Works,the City Engineer, standards"to"architectural theming and performance standards..." and/or the Director of Planning; (v) A utility plan providing all information as required by Public Works,the City Engineer,and/or the Director of Planning; (vi) 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; (vii) The location and detail of signage providing all pertinent information necessary to determine compliance with§ 154.212; (viii) A tree preservation plan as required by§ 154.257; (ix) A landscape plan,including preliminary sketches of how the landscaping will look, prepared by a qualified professional providing all information outlined in§ 154.258; (x) 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; (xi) A plan sheet or narrative clearly delineating all features being modified from standard open space PUD regulations; (xii) Common Interest Community Association documents including bylaws,deed restrictions,covenants,and proposed conservation easements. (xiii) Any other information as directed by the Director of Planning. (c) PUD Preliminary Plan Review (I) As part of the review process for an open space PUD Preliminary Plan,the Director 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. (ii) The Director of Planning shall prepare a draft ordinance to establish the potential overlay district�o be established as a component of the PUD Final Plan. Commented[BGA60]:Rather than allowing the applicant to draft an overlay district,we are proposing that staff begin (iii) The Planning Commission shall hold a public hearing and consider the application's the process at preliminary plan. The cost for this work will consistency with the goals for PUDs,the PUD review criteria,and applicable need to be incorporated into the fee for a Preliminary Plan application. comprehensive plan goals. The Planning Commission shall make recommendations to the City Council on the merit,needed changes,and suggested conditions to impose Note that staff will ONLY be creating a draft now for feedback and direction. The actual code language will be on the PUD. reviewed during the Final Plan phase. (iv) In approving or denying the PUD Preliminary Plan,the City Council shall make findings on the PUD review criteria outlined in§ 154.660. Page 19 of 27 (v) 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) �ffect of a PUD Preliminary Plan Reviev l ,; Commented[BGA61]:This subsection clarifies EXACTLY what a developer gets as a result of the Preliminary Plan approval governs the preparation of the PUD Final Plan which must be Preliminary Plan process. submitted for final approval in accordance with the requirements of this Article. (e) .imitation of Approval Commented[BGA62]:Preliminary Plan approvals may remain valid for up to 2.0 years. 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 Commented[BGA63]:To ensure the process continues to move forward,we are recommending a 90 day time-frame in Application for an open space PUD Final Plan shall be submitted for approval within which the final plan application must be submitted. 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 Director of Planning,the following information shall constitute a complete application for an open space PUD Final Plan. (i) All required information for a final plat per City Code§ 153.08; (i]) 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. (iii) 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. (iv) 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. (v) Up-to-date title evidence for the subject property in a form acceptable to the Director of Planning. (vi) Warranty deeds for Property being dedicated to the City for all parks,Outlots,etc., free from all liens and encumbrances. Page 20 of 27 (vii) 111 easement dedication documents for easements not shown on the final plat including those for trails,ingress/egress,etc.,together with all necessary consents to Commented[BGA64]:�6tion to enforce the easement by existing encumbrancers of the property. Wired buffers was eliminated from this subsection. (viii) Any other information deemed necessary by the Director of Planning to fully present the intention and character of the open space PUD. (ix) If certain land areas or structures within the open space PUD are designated for recreational use,public plazas,open areas or service facilities,the owner of such land and buildings shall provide a plan to the city that ensures the continued operation and maintenance of such areas or facilities in a manner suitable to the city. (c) PUD Final Plan Review (i) The 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. (ii) 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. (iii) The Director of Planning shall finalize the ordinance to establish the proposed overlay district for consideration by the Planning Commission and City Council. (iv) The Planning Commission shall hold a public hearing on the proposed Overlay Commented[BGA65]:Unlike most platting processes,we District ordinance and open space Final PUD Plans,and shall submit a must hold a public hearing at this point in the process as the City must adopt the final ordinance language that will govern recommendation to the City Council for consideration. Because an open space PUD the 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. (v) The City Council shall then consider the recommendations of the Director 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. (vi) 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. (vii) Planned Unit Development Agreement. 1. 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. Page 21 of 27 2. 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. (viii) As directed by the City,documents related to the PUD shall be recorded against the property. (d) �ime Limi> Commented[BGA66]:Greater specificity was added to this section to state that Council may approve extensions"cf (i) A Planned Unit Development shall be validated by the applicant through the up to one(1)year„ commencement of construction or establishment of the authorized use(s),subject to the permit requirements 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 for validation of up to one(1)year if requested in writing by the applicant;extension requests shall be submitted to the Director 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. (ii) 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 Commented[BGA67]:This section will deal with how]theCity will process amendments to both open space PUDs a Approved open space PUDs may be amended from time to time as a result of unforeseen circumstances, existing OP developments. 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) IAdministrative Amendment Commented[BGA68]:PMPWage was updated since The Director of Planning may approve minor changes if such changes are required by the last meeting to remove language that was deemed unnecessary such as changes to building height. 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 lots,or changes to designated uses established as part of the PUD. An Administrative Amendment shall be memorialized via letter signed by the Planning Director and recorded against the PUD property. Page 22 of 27 (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§ 154.105. Ordinance amendments shall be limited to changes that are deemed by the Director 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) I're-existing OP Developments Commented[BGA69]:This section was updated for the July meeting to address how the City will deal with existing (1) Pre-existing OP developments authorized prior to[date this ordinance is effective]shall DP developments. 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. (2) An application to amend an existing OP development shall require the development to be converted into an open space PUD beginning at open space PUD Preliminary Plan. (a) Replatting of lots will only be required if the Director of Planning determines such is necessary to implement the requested change. (b) The resulting overlay zoning district shall be applied to all properties within the OP development being amended. §154.663 IPUD CANCELLATION �for ommented[BGA70]:This section outlines the pro cancelling a previous PUD approval. 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 Commented[BGA71]:This section includes some final Hales and regulations deemed important by staff. 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; Page 23 of 27 (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 5. The C�Council of the City of Lake Elmo hereby amends Title XV:Land ; Commented[sGA72]:Section 5 of this ordinance Usage;Chapter 154:Zoning Code,Article III:ZONING DISTRICTS,Section 154.035 OP- eliminates language within the zoning ordinance that references the old codes in Chapter 150,and provides a Open Space Preservation District as follows: home for all of the specialized setback requirements for existing OP developments. §154.035 OP—OPEN SPACE PRESERVATION DISTRICT. t50.1o9 (A) OP District Discontinued Provisions regulating the OP Open Space Preservation District were repealed and replaced with the regulations now in Article XVI:Open Space Planned Unit Developments. (B) Buffer Setbacks In OP Developments Buffer setbacks shall be applied from the edge of the existing open space preservation developments as follows. Buffer Setbacks in OP Developments(in feet) North Exception Edge South Edge West Edge East Edge Parcels) 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 lI 25 100 85 N/A Whistling Valley III 50 100 100 N/A Farms of Lake Elmo 100 50 100 25 Page 24 of 27 Prairie Hamlet 200 50 50 100 Fields of St.Croix I 50 N/A 200 100 Fields of St.Croix lI 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, N/A N/A 50 Block 5 use 20 ft SECTION 6� The City Council of the City of Lake Elmo hereby amends Title XV:Land Commented[BGA73]:The final section of this ordinance Usage;Chapter 154:Zoning Code,Section 154.036 as follows: would add"Open Space Development Overlay District"to the general list of zoning overlay districts found in code. §154.036 OZD-OVERLAY ZONING USE DISTRICT. The following overlay districts are designed to promote orderly development or to protect some specific sensitive natural resources. These district regulations are in addition to,rather than in lieu of,regulations imposed by the existing basic zoning use districts. These districts are defined and established as follows: A. Flood Plain—See§§ 151.01 through 151.14 of this Code; B. Restrictive Soils Overlay District—See§§ 150.200 through 150.203 of this Code; C. Wetland Protection and Preservation Overlay District—See§§ 150.215 through 150.219 of this Code; D. Shoreland District—See§§ 150.230154.800*,,.,.ugh'50.257 of this Code; E. Interstate Corridor Overlay District— See§§ 150.230 through 150.238 of this Code;and E.—Airport(reserved)-end lG. Open Space Development Overlay District—See§§ 150.175 through 150.190 of this J Formatted:Tab stops: 0.63",Left+Not at o.3s° Code Page 25 of 27 SECTION 7. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 154:Zoning Code,Section 154.350 as follows: §154.350 DIVISION INTO DISTRICTS. A. All Areas Zoned.The incorporated areas of Lake Elmo are hereby divided into the following zoning districts: Table 8-1:Zoning Districts Zoning District Reference 2 One and Two Family Residential 154.033 B General Business 154.034 Agriculture 154.400 Article XI RR Rural Residential 154 400 Article XI T Rural Development Transitional 144 400 Article XI S Rural Single Family 154.400 Article XI RE Residential Estate 144 400 Article XI 140 174 DR Urban Low Density Residential 154.450 Article XII DR Urban Medium Density Residential 154.450 Article XII DR Urban High Density Residential 144 4.40 Article XII MX Village Center-Mixed Use 154.500 Article XIII C Commercial 144.550 Article XIV CC Convenience Commercial 154.550 Article XIV C Neighborhood Office/Limited Commercial 154.550 Article XIV P Business Park/Light Manufacturing 454 330 Article XIV PF Public Facilities 1-54.600 Article XV OSP Open Spaee and Parks 134.600 154.700 Page 26 of 27 SECTION 8. Adoption Date This Ordinance No.xx-xxx was adopted on this day of July 2016,by a vote of_Ayes and Nays. Mayor Mike Pearson ATTEST: Kristina Handt City Administrator This Ordinance No xx-xxx was published on the day of 12016. Page 27 of 27 CITY OF LAKE ELMO RESOLUTION NO.2016- RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO.xx-xxx BY TITLE AND SUMMARY WHEREAS,the city council of the city of Lake Elmo has adopted Ordinance No. xx-xxx, 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; and WHEREAS,the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS,the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW,THEREFORE,BE IT RESOLVED by the city council of the city of Lake Elmo that the city administrator shall cause the following summary of Ordinance No. xx-xxx to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the city of Lake Elmo has adopted Ordinance No.xx-xxx. The ordinance repeals existing open space development regulations within chapter 150,and adopts new open space planned unit development regulations in chapter 154. The new regulations are largely based on the City's long-standing OP development codes, but have been updated to implement lessons learned from existing OP development over the past twenty years, and to ensure these developments are meeting the City's expectations. The main changes being implemented include a revised methodology for the design of open space developments,and implementation of a more standardized development review process. Additionally, Open Space planned unit developments will now require the establishment of an overlay district over such areas to organize the unique regulations governing these neighborhoods. To properly fit these new regulations into the City's zoning code, this ordinance also implements a number of organizational/numbering changes throughout Chapter 154. The full text of Ordinance No. xx-xxx is available for inspection at Lake Elmo city hall during regular business hours. Mayor Mike Pearson BE IT FURTHER RESOLVED by the city council of the city of Lake Elmo that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that he post a full copy of the ordinance in a public place within the city. Dated: , 20 Mayor Mike Pearson ATTEST: Kristina Handt City Administrator (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof. and the following voted against same: Whereupon said resolution was declared duly passed and adopted. 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. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 150:General Provisions,by repealing all Open Space Preservation regulations contained in Sections 150.175 through 150.190. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 150:General Provisions,by adding the following language after Section 150.160,Review and Revocation: Sections 150.161 through 150.199--RESERVED SECTION 3. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 154:Zoning Code,to implement needed reference updates as follows: • Articles I and II are restated and incorporated herein unchanged. • The currently un-numbered Article entitled"Zoning Districts,"containing sections 154.030 through 154.036,is hereby restated and incorporated herein unchanged except for the title which is amended to read:"Article III—Zoning Districts" • The currently un-numbered Article entitled"Additional Regulations and Modifications,"containing sections 154.080 through 154.083,is hereby restated and incorporated herein unchanged except for the title which is amended to read:"Article IV—Additional Regulations and Modifications" • Current Articles II1(3)through XIII(13)containing sections 154.100 through 154.600,are hereby restated and incorporated herein unchanged except for their Article numbers which are amended to read Articles V(5)through XV(15) • Current Article XIV(14)containing section 154.700 is hereby restated and incorporated herein unchanged except for its Article number which is amended to read Article XVII(17) Page 1 of 27 • Current Articles XVI(16)through XVII(17)containing sections 154.750 through 154.800,are hereby restated and incorporated herein unchanged except for their Article numbers which are amended to read Articles XVIII(18)through XIX(19) • The currently un-numbered Article entitled"Design and Performance Standards—Restrictions on Nuisance and Hazardous Activities,"containing sections 154.900 through 154.999,is hereby restated and incorporated herein unchanged except for the title which is amended to read:"Article XX— Design and Performance Standards—Restrictions on Nuisance and Hazardous Activities" • Current Section 154.106(A)(4)is amended as follows: "The proposed use meets all specific Commented[BGA1]:From this point forward in this development standards for such use listed in AFtiele 7 Article 9 of this Chapter" section of the ordinance,staff is updating Article and code references as necessary due to the renumbering being completed. Using this provision as an example,all • Current Section 154.106(E)(1)is amended as follows: "The conditions shall include all specific references to"Article 7"in code must now be updated to "Article 9" development standards for such use listed in Artiele 7 Article 9 of this Chapter" • Current Section 154.202 is amended as follows: "Permits are required for all changes in use and all Commented[BGA2]:This change fixes the noted development activities,with the exception of signs,in,.,.....Bane°"44;the"'".,a...dg of A. iele 4 reference to the correct section.The current code points the reader to regulations on"Culverts in developments with Signs shall Fequire a sign peFmit in ecomplianee with Seetion 151.115 amd I rural section" which shall be governed by the specific requirements of Section 154.212 as may be applicable." • Current Section 154.210(D)(6)is amended as follows: "Landscaping and Screening. Parking areas shall be screened and landscaped as provided in Miele 6 Article 8,Section 154.258" • Current Section 154.305(B)(6)is amended as follows: "Screening of Storage Areas.The storage or display of inoperable or unlicensed vehicles not awaiting service as in subsection(134)or other equipment,and all trash storage or disposal facilities,shall meet all setback requirements of a structure,and shall be screened from view from adjacent public streets and adjacent residential properties.Screening shall meet the requirements of Artiele 6 Article 8,Section 154.258." • Current Section 154.404(introductory paragraph)is amended as follows: "Development of land within the rural districts shall follow established standards for traffic circulation,landscape design, parking,signs and other considerations as specified in A i4 les 5,6 and 7 Articles 7,8,and 9. The following standards apply to specific uses,and are organized by district." • Current Section 154.408(E)(1)is amended as follows: "Standards for accessory uses and structures that are permitted in all districts,or in all residential buildings in any district,are listed in Aisle 7 Article 9,Specific Development Standards. These include uses such as family and group family day care,bed and breakfast facilities,and home occupations,and structures such as swimming pools and solar equipment." Page 2 of 27 • Current Section 154.454(introductory paragraph)is amended as follows: "Development of land within the urban residential districts shall follow established standards for traffic circulation, landscape design,parking,signs and other considerations as specified in A ftieles 5,6 and'Articles 7,8,and 9. The following standards apply to specific uses,and are organized by district." • Current Section 154.459 is amended as follows: "Standards for accessory uses and structures that are permitted in all districts,or in all residential buildings in any district,are listed in Artie-le 7 Article 9, Specific Development Standards.These include uses such as family and group family day care,bed and breakfast facilities,and home occupations,and structures such as swimming pools and solar equipment." • Current Section 154.504(introductory paragraph)is amended as follows: "Development of land within the VMX District shall follow established standards for traffic circulation,landscape design, and other considerations as specified in At4ioles 5,6 and'Articles 7,8,and 9." • Current Section 154.505(introductory paragraph)is amended as follows: "Development of land within the VMX district shall follow established standards for traffic circulation,landscape design, parking,signs and other considerations as specified in A Aiele 5,6 and 7 Articles 7,8,and 9.The following standards apply to specific uses;other standards related to design and building type may be found at§154.506." • Current Section 154.510 is amended as follows: "Standards for accessory uses and structures that are permitted in all districts,or in all residential buildings in any district,are listed in Ai4iele 7 Article 9, Specific Development Standards. These include uses such as family and group family day care,bed and breakfast facilities,and home occupations,and structures such as swimming pools and solar equipment." • Current Section 154.5 5 3(introductory paragraph)is amended as follows: "Development of land within the commercial districts shall follow established standards for traffic circulation,landscape design,and other considerations as specified in A ftieles 5,6 and 7 Articles 7,8,and 9." • Current Section 154.554(introductory paragraph)is amended as follows: "The following standards apply to specific uses allowed within the Commercial Districts.Other specific use standards are located in Ai4iele 7 Article 9." • Current Section 154.754introductory paragraph)is amended as follows: "Uses within the PUD may [iloere for mmented[BGA3]:This paragraph must be updated as include only those uses generally considered associated with the general land use category shown is no"Article 3,Administration"in the existing code. the area on the official Comprehensive Land Use Plan.Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan.The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the acceptance of the development plan.Any change in the list of uses approved in the development plan will be considered an amendment to the PUD,and will follow the procedures specified in Article 35,Section 154.105, A dmiai�' for zoning amendments." Page 3 of 27 • Current Article XV ,renumbered to Article XIX by this ordinance,is hereby restated and Commented[BGA4]:Beyond just the Article number,the incorporated herein unchanged except for its hierarchy of sections references which shall be amended overall heirarchy of sections within 154.800 doesn't follow the rest of the zoning ordinance. Worse yet,the heirarchy to follow the following subsection hierarchy: changes mid-way thoough the Section! To correct this clear formatting error,we are recommending updating each Section Number. Section Title subsection to reflect the zoning code's standard organizatin. A. Subsection B. Subsection C. Subsection 1. Subsection 2. Subsection 3. Subsection a. Subsection b. Subsection c. Subsection i. Subsection ii. Subsection i[i. Subsection • Current Section 154.800(c)(0),changed to 154.800(L)as part of the subsection hierarchy update above,is amended as follows: "Residential planned unit developments shall be permitted in shoreland areas subject to the requirements of AA"ti"'rsacle lrr-xVVT Article XVIII of this chapter." All subsections of 154.800(L)are restated and incorporated herein unchanged. SECTION 4. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 154:Zoning Code,to add Article XVI:OPEN SPACE PLANNED UNIT DEVELOPMENTS Article XVI.OPEN SPACE PLANNED UNIT DEVELOPMENTS §154.650 I URPOSE� Commented[BGAS]:This section simply states what the City is trying to accomplish when it reviews and approves "open space planned unit developments." Oe purpose of open space planned unit developments is to provide greater development flexibility within rural portions of the community while maintaining the rural character by preserving agricultural land, woodlands,wildlife or natural corridors,pollinator&wildlife habitat,and other significant natural features 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.l Commented[BGA6]:As requested by the City Council, we have beefed up the purpose statement to stress the City's intent to provide flexibility through this process while maintaining rural character. Page 4 of 27 §154.651 �NTENT1 Commented[BGA7]:This section outlines specific things the City wants to accomplish with open space planned unit developments including allowing for a variety of housing It is the intent of the City of Lake Elmo that open space planned unit developments will offer needed types in the rural areas of the city,allowing for increased development flexibility within the Agricultural, Rural Residential, and Rural Estate zoning districts to density,reducing infrastructure costs,protecting open space, provide for: and creating distinct but interconnected rural neighborhoods. (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 DEFINITION$. Commented[BGA8]:This section references 11.01 as the City's location for applicable definitions. New definitions Unless specifically defined in Article II,common defmitions,words,and phrases used in this Article shall (or updated definitions)created by Section One of this be interpreted so as to give them the same meaning as they have in common usage throughout this code and ordinance will be placed in Section 11.01 as may be found in§ 11.01. §154.653 INITIATION OF PROCEEDINGS(. Commented[BGA9]:This section simply outlines how a landowner can begin the open space PUD process. 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§11.02 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 Director of Planning 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(. Commented[BGA10]:This is our first reference to the fact that OP regulations for each development will now be (A) PUD provisions provide an optional method of regulating land use which permits flexibility from incorporated into an overlay district. Importantly,issues not standard regulating provisions. Establishment of a PUD shall require adoption of an ordinance addressed by the OP ordinance will be handled by underlying zoning regulations,so the City will never have to creating an overlay zoning district atop the boundaries of the development area. For each PUD worry about missing details during the approval process. 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. Page 5 of 27 §154.655 (PREREQUISITES FOR OPEN SPACE PUDsI. Commented[BGA11]:This section sets the minimum requirements that must be met before someone can request (A) Only land zoned as Agricultural, Rural Residential, or Rural Estate may be considered for an Open Space PUD. establishment of an open space planned unit development. The listed prerequisites are existing criteria EXCEPT for the (B) The minimum land area for establishment of an open space planned unit development is a nominal minimum land area which was set at twenty(20)acres by the City Council. contiguous twenty(20)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 parry 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 PUDsI. Commented[BGA12]:Here we've maintained existing language. The only transition proposed is to allow the (A) Primary Uses. overlay district regulations to amend specific use provisions that may otherwise be in code. For example,if wayside (1) Permitted. stands are limited to one per lot,the overlay district regulations may specifically identify an area within (a) Single-family,detached; preserved open space where up to three wayside stands may be erected at any point in time. The use has not changes,but (b) Preserved open space; the specific rules governing the use may be amended if deemed appropriate as part of the PUD approval. (c) Conservation easements; (d) Agriculture; (e) Suburban farms; (t) Private stables; (g) Single-family,attached; (h) �ownhouses kno more than 25%in any development) Commented[BGA13]:The Planning Commission had a split opinion on whether Townhomes should continue to be (i) Wayside stand;and allowed in OP developments. Some felt twnhomes were (j) Public parks and trails. not appropriate in rural areas,while others felt they had been very successful in such developments to date. The City (2) Conditionally Permitted. Council was asked to make a final determination,and they directed staff to maintain Townhomes as an allowed use None stating they've worked well in such developments to date. (3) Interim Permitted. None (B) Accessory Uses. (1) Permitted. Uses deemed by the Director 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 Page 6 of 27 (3) Interim Permitted. None (C) Prohibited Uses. All other uses not listed in 154.656(A)or 154.656(B)are hereby prohibited. (D) Use Restrictions and Allowances The final PUD overlay district ordinance may include specific provisions governing uses which supersede underlying zoning and the general PUD regulations herein. §154.657 OPEN SPACE PUD DESIGN Commented[BGA14]:This section has undergone extensive review by both the Planning Commission and City Open space PUDs shall comply with all of the following minimum design standards finless modifications Council as it completely reorganizes the City's existing are authorized by the City Council kt the time of PUD Sketch Plan review. Authorization of such regulations governing lot design. Based on feedback by both bodies to date,we believe it is nearing(or is in)its final form modifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the with the changes shown herein. change(s),but rather as an authorization to present such modifications as a component of the plan during Commented[BGA15]•The City Council elected to the PUD Preliminary Plan review. eliminate the super-majority vote requirement in favor of the new review criteria in Section 154.660. It was reasoned that the Council can elect to amend the zoning code by a simple (A) Density majority any time in the future,so maintaining it as a The maximum dwelling unit density within an open space planned unit development shall be 181 units component of this review wasn't necessary. per 40 acres of buildable land; however, the total number of dwelling units shall not exceed the Commented[BGA16]:The language within the density limitations contained in the Comprehensive Plan for Opens Space Preservation Development. comprehensive plan reads: "Densities are allowed up to 0.45 dwelling units per (B) Lot Design buildable acre when planned as part of an Open Space Preservation development." Lot locations and configurations within open space planned unit developments shall be derived 40 acres*0.45 d.u./acre=18 units utilizing the following methodology. An applicant must be able to demonstrate how these steps resulted in the plan being proposed. Council has instructed staff to increase the permitted density in this section to 20 units per 40 acres of buildable land. (1) Soils Analysis Conducted) Unfortuantely,until/unless a comprehensive plan change is approved,we cannot amend the density in the zoning code. Staff will follow this ordinance up with a second clean-up A certified septic designer or soils scientist shall complete a review of the soils on the site,and ordinance once the comp plan change has been implemented. categorize all areas as highly suitable for septic systems,moderately suitable for septic systems, Commented[BGA17]:Requiring a developer to analyze or poorly suited for septic systems. soils followed by choosing a septic design will actually achieve the City's goal of ensuring proper septic design (2) Septic Design Identification) drives developments. Based on the soils analysis,an applicant must identify whether the proposed development will Commented[BGA18]:The Planning Commission recommended the City consider adopting a minimum be serviced by individual septic tanks and drain fields,or via a system of individual septic tanks number of units before a community septic system can be which utilize one or more communal drain fields. used. The matter was raised with the City Council,but Council would like to rely on the City Engineer to provide (a) If individual septic tanks and drain fields can be supported by the available soils and is the recommendations on proper system design,and Council chosen methodology to serve the development,all proposed lots must be able to provide would ultimately need to make the policy decision on whether to allow community systems on a case-by-case primary and secondary drain field sites on each lot (outside of drainage and utility basis. easements),and must meet the minimum lot size standards outlined herein. Page 7 of 27 (b) If individual septic tanks which utilize a communal drain field(or 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. (3) �dentif]cation of Required Buffers Commented[BGA19]:This language has been amended to the three provisions shown since the Planning No build zones from each property boundary shall be derived as follows: Commission's last review of this language per Council's direction. (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 land that is eligible for future development as an open space planned unit developmentl. Commented[BGA20]:We slightly amended this language to state the full 100 foot buffer is only needed adjacent to (c) If the development site is adjacent to an existing or approved OP development,the required land that could develop as another OP in the future. buffer shall be equivalent to the buffer that was required of the adjacent development[see Subsection(c)then handles all buffers from existing or § 154.035(B)]. approved OP developments. Note that deviations to these buffer standards may be (4) Identification of Preferred Building Pad Locations approved by Council using the review criteria in Section 154.660. Within this new framework,Council will now ask (Building pad locations[up to the maximum number of units permitted by 154.657(A)]which whether"the overall design provides appropriate solutions to preserve natural topography and drainageways(i as..ueh as possible),minimizes tree loss, eliminate adverse impacts"when considering buffer reductions,and/or when determining what can be done protects historic sites or structures,and limits the need for soil removal and/or grading shall within buffers(a detail that can be specifically written into then be identified. The orientation of individual building sites shall ^4ive-e—maintain the overlay district ordinance governing the lots being maximum natural topography and ground cover.) created)- Comm Building ads shall be located outside of required buffers, and shall be sited so as to Commented[smuch PC wanted stronger language ( ) g p q — removing the"as much as possible"type wording. provide ample room for accessory structures on future lots. (b) 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. Commented[BGA22]:As a primary step in lot design,we Generalized locations for such may be shown during the PUD Sketch Plan phase,but all will be requiring the developer to identify general locations that can accommodate primary and secondary septic sites if such sites must be verified as being viable as a component of PUD Preliminary Plan review. the lots are to contain their own systems. Detailed c If individual septic tanks utilizing communal drain fields is intended,the plan must clear) information would be needed during the Preliminary Plan ( ) p g p y stage. identify which communal drain field will service each of the proposed building pads. (5) Placement of Streets (a) Streets shall then be designed and located in such a manner as to: i. Maintain and preserve natural topography, groundcover, significant landmarks, and trees; ii. Minimize cut and fill; iii. Preserve and enhance both internal and external views and vistas; iv. Promote road safety; v. Assure adequate access for fire and rescue vehicles;and Page 8 of 27 A. Assure and promote adequate vehicular circulation both within the development and with adjacent neighborhoods. (b) The design of streets and the dedication of right-of-way shall be in compliance with the City's standard plates and specifications as may be amended.) - Commented[BGA23]:Rather than list allowable ROW widths and paved street widths,staff is recommending (c) Streets shall not encroach into a required buffer area unless it can be demonstrated that simply referring to the City's standard plates and such an alignment is necessary to achieve the goals outlined above,and that no equivalent review criteria will guide specifications. Again, deviations are requested,the PUD e Council as to whether such option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90 degree deviations are warranted. angle to provide current or future access to an adjacent property or boundary road shall be We elected to stay silent on how signage can or cannot be the only exception. used(i.e.no parking signs)to allow Council to make individual determinations depending upon the circumstances. (6) Lot Creation Sign design and specifications should be in conformance with the City's adopted sign standards rather than relisting Based on the street location(s),building pad locations,and septic system location(s);lines to such standards here. delineate individual lots shall then be identified in accordance with the following: Commented[SW24]:PC asked why this was needed. (a) Lots This would be required anyway,but Staff pointed out this is a change from the old code,so this clarifies the new i. Single-family lots being served by individual septic tanks and drain fields shall be a direction. Ben can decide if this is needed or not. minimum of one(1)acre in size; ii. (Single-family lots being served by individual septic tanks utilizing communal drain fields shall be a minimum of 1/2 acre(21,780 square feet)in size); Commented[BGA25]:We have amended this language to reinstitute the existing minimum lot sizes of one acre and iH. All land reserved for Communal septic system use shall be located within a dedicated one-half acre depending upon the septic system approach Outlot to be owned by the homeowners association(HOA)of the development. being used. iv. Base lots for townhomes shall be large enough such that individual unit lots can meet all required structure setbacks contained herein. (b) (Buildable Area to be Shown)_ Commented[SW26]:PC was concerned that"buildable area"has two meanings,one for calculating density and one, Buildable area on each proposed lot shall be shown. (Buildable area shall exclude land as in this case,buildable area on the lot. PC is looking to within the following areas'( reword this to differentiate the two meanings,i.e., (Notfor density calculation)or similar language. i. Required buffers from adjacent lands[see§ 154.035(B)] Commented[BGA27]:This language was clarified to ii. Wetlands and required wetland buffers; ensure developers understood what constituted buildable iii. Required setbacks from waterbodies and non-buildable land per Shoreland district land on each lot. regulations[see Article XIX]; iv. Steep slopes; v. Drainage swales, stormwater ponds, and other association owned and maintained stormwater management facilities;) Commented[SW28]:The city likes to take ownership of vi. Easements;and stormwater ponding areas.should this be amended? Commented[SW29]:This list,i-vi,may not apply to individual lots.Wetland buffers are regured to be outside of individual lots,storm ponds tend to be city owned,not in lots.BOA owned and maintained facilities would not be on individual lots and would not be buildable. Page 9 of 27 vii. Land within the following setbacks: HOUSING Single Family Homes Townhomes Front Yard 30 20 Side Yard 15 feet or 10%of lot width Corner Lot Front Yard 30 Corner Lot Side Yard 30 Rear Yard 20 ell from Septic Tank 50 Commented[SW30]:PC wants well and septic tank pulled from the table and listed as a separate item.the setback for wells would be 50'from any septic tank. should viii. Proposed buildable area on each lot shall be sufficient to accommodate primary and it read well from septic field also? accessory structures that are normal and customary to the type of development being proposed. (7) Open Space and Parkland Adjustmentsl Commented[BGA31]:The overall seven(7)step design process we have laid out now both emphasizes what is (a) Open Space� important to the City while recognizing and embracing how i. The total preserved open space area within an open space planned unit development a developer will approach the site anyway. shall be no less than 50%of the total gross land area,as defined by§ 11.01. If this At this final step,the developer may need to shrink lot sizes threshold is not achieved after following the first six steps of lot design,the proposed or eliminate lots to meet open space and parkland L requirements. lot areas will need to be adjusted or lots eliminated until this requirement is met. Commented[BGA32]:The open space provisions are ii. Not less than 60%of the preserved open space shall be in contiguous parcels which existing requirements. The City Council was asked to are five(5)or more acres in size.) provide feedback on the occasional thin strips of land that are used to connect open space areas,but in general there W. Preserved open space parcels shall be contiguous with preserved open space or public was no opposition to the concept and it was felt that such park land on adjacent parcels. proposals should be judged on a case by case basis rather than requiring a minimum width. Parkland OCommented[BGA33]:The current standard in code is i. Parks and recreational facilities shall be provided in addition to preserved open space 60%of the dedicated open space must be in contiguous parcels that are at least 1/4 of the minimum land area needed as specified in the Lake Elmo Parks Plan. for OP development(i.e. 40 acres minimum requires that ]]. Determination of whether a land or cash dedication will be required to fulfil parkland 60%of the open space be in contiguous parcels of at least 10 acres). As the minimum land area has been reduced from 40 requirements will be at the discretion of the City Council,with direction to be provided acres to 20 acres,we have adjusted the"contiguous parcel" as a component of PUD Sketch Plan review. If a required parkland dedication causes size down accordingly. 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. id. Any dedication shall be consistent with the dedication and fee-in-lieu standards specified in Chapter 153. Page 10 of 27 §154.658 OPEN SPACE PUD DEVELOPMENT STANDARDS Commented[BGA34]:While Section 154.657 lays out the regulations that dictate how a development is laid out, Open space PUDs shall comply with all of the following development standards unless modifications are Section 154.658 tells the applicant how the development authorized by the City Council lat the time of PUD Sketch Plan review. Authorization of such modifications must be constructed and improved. resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s),but rather Here again we maintain the city's existing development as an authorization to present such modifications as a component of the plan during the PUD Preliminary standards for open space developments(i.e.regulating open space,septic systems,building standards,landscaping Plan review. standards,impervious surface standards,and trail standards). (1) Preserved Open Space Standards Commented[BGA35]:Again,the super-majority vote was eliminated in favor of new review criteria in Section (a) All preserved open space within an open space planned unit development shall be subject 154.660 to a conservation easement and used for the purposes listed in§ 154.650. (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: i. 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 ii. Conveyed by conservation easement to the city.) Commented[SW36]:The PC initally wanted a third party land trust to hold all easements and wanted ii.struck from (c) Preserved open space land shall be maintained for the purposes for which it was set aside. the Code.The discussion continued,such that at some point If preserved open space was set aside for agricultural purposes or for natural habitat,a a minimum 5 acre open space may not be desired by the land trust and the city might need to be the easement holder.The plan shall be submitted which will indicate how the land will be maintained or returned to PC discussion was whether an OP development should be a natural state and who will be responsible for plan implementation. Developers shall approved if a land trust was unwilling to accept an easement. provide copies of common interest community(CIC)declarations to prospective The PC wants the city to only be the holder of conservationeasements as a last resort. For item i and ii,the PC wanted purchasers,and conservation easements to the city,describing land management practices clarification of the correct wording.In both i and ii,should to be followed by the party or parties responsible for maintaining the preserved open the easements be"conveyed" -the language should be consistent. space.) Commented[SW37]:would the city/or land trust accept a (d) Where applicable,a Common Interest Community association shall be established to storm pond area as open space with a conservation easement, or would this area be excluded from preserved open space permanently maintain all residual open space and recreational facilities. The Common calculations? 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§ 154.661(3)for an open space PUD Final Plan. (2) Septic System Design Standardsl Commented[BGA38]:Wanning Commission would_ guidance on proper lien (a) In General 1 The placement and design of all septic systems Shall conform to)the requirements of l Washington County. Commented[BGA39]:Septic language now refers to Washington County as they oversee the City's on-site (b) Individual Septic Drain fields systems&permitting. )Sites for individual septic drain fields,both primary and secondary,must be located entirely within each lot and cannot be located within any easement). Commented[BGA40]:This new requirements would mandate that all individual septic systems be located on private property. Page 11 of 27 (c) Communal Drain Fields. i. )Communal drain fields)may be partially or completely located in an area designated as Commented[BGA41]:Existing language regarding preserved open space provided the ground cover is restored to its natural condition wetland treatment systems has been eliminated as directed by the City Council. The new ordinance will be silent on after installation, and recreational uses are prohibited above or within 50 feet of such systems,and Engineering will be asked for guidance if communal drain fields or as approved by the City Engineer. such a system is proposed in the future. ii. 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 '/2 stories or 35 feet in height. (b) )Accessory structures within open space planned unit developments shall not exceed 22 feet in height). Commented[BGA42]:The Planning Commission questioned whether we should specifically exclude historic (c) It is desired that the structures within neighborhoods convey a particular architectural structures from this requirement. Both staff and the City style with similar building components,materials,roof pitches. The PUD Overlay Council agree that no such exclusion is necessary. Historic structures taller than 22 feet would be legal nonconforming ordinance crafted for each individual development should establish minimum structures subject to protections of State Statute. architectural standards for the neighborhood. (4) �andscaping Standards) Commented[BGA43]:As directed,the optional landscaping standards staff offered for consideration have (a) A landscape plan for the entire site is required and shall consist of at least 10 trees per been eliminated in favor of the existing standards. 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. (5) impervious Surface Standardsl Commented[BGA44]:Staff did not recommend changes to the existing language as it seemingly has been working. The maximum impervious surface allowable within an open space planned unit development This should be monitored though and updated if problems shall be 20%of the land area not dedicated as preserved open space subject to the following: are encountered. (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. Page 12 of 27 (6) Trail Standards Commented[BGA45]:The"pathway"standards that are currently lumped into a single paragraph are now broken A trail system or sidewalks shall be established within open space planned unit developments apart in this new ordinance. we are not recommending in accordance with the following: incorporation of specific standards as the City should rely on its standard engineering plates to identify how trails will fit (a) �he linear footage of trails provided shall be at least equal in length to the sum of the into available roadway designs. centerline length of all public roads within the development.) Commented[BGA46]:From current section 150.180(B)(2)(f),sentence 3 (b) I kll trails shall be constructed of asphalt or concrete in compliance with the standard city design plate for trails.) Commented[BGA47]:From current Section 150.180(B)(2)(f),sentence 4 (c) Proposed trails shall provide connections between and access to the buildable land areas and preserved open space land being created by the development. Commented[BGA48]:From current Section 150.180(B)(2)(f),sentence 1 (d) Proposed trails shall connect to existing,planned,or anticipated trails or roads on adjacent parcels.) Commented[BGA49]:From current Section 150.180(B)(2)(f),sentence 1 (e) �f 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._,. J Commented[BGA50]:From current Section 150.180(B)(2)(f),sentence 2 §154.659 Reserved)I Commented[BGA51]:When the Zoning code is eventually reorganized,this Section will likely be relocated to a more appropriate location in Chapter 154,but for now it §154.660 OPEN SPACE PUD REVIEW CRITERIA is included here. The following findings shall be made by the City Council prior to approval of a new or amended open space Commented ]:This section lists the questions the City will ask wheenn r revevsiewing these types of developments. planned unit development: These criteria have been updated since the last review by Council in response to the super-majority vote for deviations (1) The proposed development is consistent with the goals, objectives, and policies of the being removed. Comprehensive Plan. Rather than keeping such decision-making open-ended,we (2) All prerequisites for an open space PUD as outlined in§ 154.655 are met. are proposing a set of criteria(in subdivision 3)by which Council may judge proposed deviations: (3) All open space PUD design standards (as outlined in § 154.657) and all open space 1)Do the deviations allow for a quality design that development standards(as outlined in§ 154.658)are met;or if deviations are proposed,that enhances the aesthetics of the site? all such deviations are supported because: 2)Do the deviations help to tie the development together to a. �he deviation(s) allow for higher quality building and site design that will enhance achieve one or more of the listed benefits? aesthetics of the site; 3)Does the site design include appropriate solutions to mitigate adverse impacts of the proposed deviation? b. The deviation(s)help to create a more unified environment within the project boundaries by ensuring one or more of the following: architectural compatibility of all structures, By including a framework for decision making on deviations,we eliminate some of the subjectivity that can efficient vehicular and pedestrian circulation, enhanced landscaping and site features, arise as PUDs are reviewed. Additional criteria can be added and/or efficient use of utilities; as Council may see fit. c. The overall design provides appropriate solutions to eliminate adverse impacts that We have also added subdivision 4 which introduces a new review criteria requiring that phased developments result in proposed deviations may impose on surrounding lands. pieces that can stand-alone should the development go belly- (4) If the proposed PUD involves construction over two or more phases, the applicant has up prior to completion. demonstrated that each phase is capable of being a stand-alone development independent of Commented criteria need to be met.be met.:Code was not clear The PC thinks all threeif three e should be other phases. met for a deviation. Page 13 of 27 §154.661 OPEN SPACE PUD REVIEW PROCEDUREI Commented[BGA54]:This lengthy section outlines the process to be used to review open space PUDs from All requests to establish an open space Planned Unit Development shall be initiated by following the beginning to end. In general,this current draft follows the steps below. standard City platting process with specific PUD requirements thrown in. (1) Open Space PUD Sketch Plan Boiled down to its core,the review will require a sketch plan (a)Purpose proposal,a preliminary plan,and then a final plan. The developer open houses considered at the beginning of this The open space PUD Sketch Plan is the first step in the development process which gives process have been eliminated. 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. Feedback gained during the open space PUD Sketch Plan phase should be addressed within the subsequent PUD Preliminary Plan. (b)Specific open space PUD Sketch Plan Submittal Requirements Except as may be waived by the Director 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 and§154.658 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. Page 14 of 27 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 Outlets 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); Page 15 of 27 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 City shall schedule a date upon which the Planning Commission will review the proposat Commented[BGA55]:The need for a sketch plan public hearing before the Planning Commission was eliminated by b. Upon completing their review,the Planning Commission shall adopt findings and the City Council. recommendations on the proposed open space PUD as soon as practical. 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 discussing the proposed open space PUD Sketch plan. b. After consideration of the Director of Planning's recommendation,the Planning Commission recommendation,and any publicthe-comments received-44he ....w�,the City Council may comment bn the merit of the request, Commented[SW56]:No public hearing at Sketch Plan needed changes,and suggested conditions that the proposer should adhere to with phase any future application. c. For each of the identified modifications to the minimum standards outlined in Commented[BGA57]:Under this process,Council would § 154.657 and§ 154.658,the City Council shall take a vote to instruct the % take individual votes on each modification proposed by the applicant as to whether the modification can be pursued as a component of the applicant. Approval at this stage ONLY authorizes the applicant to make the request at the Preliminary stage;it PUD Preliminary Plan review. does NOT grant any rights to the modification. Again, modifications can only be pursued IF Council allows such via a super majority vote. Page 16 of 27 (d) �ffect of a PUD Sketch Plan Review) Commented[BGA58]:This subsection clarifies EXACTLY what a developer gets as a result of the sketch 1. The City Council and Planning Commission's comments during the PUD Sketch plan process. 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. 2. Proposed modifications that receive a majority vote of support from Council may be requested as part of the future PUD Preliminary Plan application,but support to pursue the modification as part of the PUD Sketch Plan in no way guarantees that the modification will be approved as part of the PUD Preliminary Plan. (e) ,imitation of Approval Commented[BGA59]:Sketch Plan reviews may remain valid for up to 1.5 years. 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) Orerequisitel Commented[BGA60]:The City will not accept a preliminary plan application unless a valid sketch plan is in No application for an open space PUD Preliminary Plan will be accepted unless an place. applicant's proposal is distinctly similar proposal toone reviewed in thehas completed the open space PUD Sketch Plan review process which is valid upon the date of application] Commented[SW61]:PC wants this reworded similar to the suggested edit. (b) PUD Preliminary Plan Submittal Requirements Except as may be waived by the Director 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,§ 1102.01(C)and§ 1102.02. 2. 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.); Page 17 of 27 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; 1. Location,width,and names of existing and proposed streets within and immediately adjacent to the subdivision parcel; m. Easements and rights-of-way within or adjacent to the subdivision parcel(s); n. The location and orientation of proposed buildings; o. Proposed sidewalks and trails; p. Vehicular circulation system showing location and dimension for all driveways, parking spaces,parking lot aisles,service roads,loading areas,fire lanes, emergency access,if necessary,public and private streets,alleys,sidewalks,bike paths,direction of traffic flow and traffic control devices; q. Lighting location,style and mounting and light distribution plan. r. Proposed parks,common areas,and preservation easements(indicate public vs. private if applicable); s. Location,access and screening detail of large trash handling and recycling collection areas 3. �olared renderings whieh detail the building ma4erials being used and elearly een. «...nieate the leek and design of the....,...,sed biAdi..g(S).l Commented[SW62]:PC feels this is more of a Commercial PUD requirement -5-.4.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 Director of Planning; 675.A utility plan providing all information as required by Public Works,the City Engineer,and/or the Director of Planning; -7-.6.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; &7.The location and detail of signage providing all pertinent information necessary to determine compliance with§ 154.212; 978.A tree preservation plan as required by§ 154.257; 40-.9. A landscape plan,including preliminary sketches of how the landscaping will Page 18 of 27 look,prepared by a qualified professional providing all information outlined in§ 154.258; 44-10. 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; 42-.-1 l_A plan sheet or narrative clearly delineating all features being modified from standard open space PUD regulations; 43-.12. Common Interest Community Association documents including bylaws,deed restrictions,covenants,and proposed conservation easements. 44.13. Any other information as directed by the Director of Planning. (c) PUD Preliminary Plan Review 1. As part of the review process for an open space PUD Preliminary Plan,the Director 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 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. Commented[BGA63]:Rather than allowing the applicant to draft an overlay district,we are proposing that staff begin 3. The Planning Commission shall hold a public hearing and consider the application's the process at preliminary plan. The cost for this work will consistency with the goals for PUDs,the PUD review criteria,and applicable need to be incorporated into the fee for a Preliminary Plan application. comprehensive plan goals. The Planning Commission shall make recommendations to the City Council on the merit,needed changes,and suggested conditions to impose Note that staff will ONLY be creating a draft now for feedback and direction. The actual code language will be on the PUD. reviewed during the Final Plan phase. 4. In approving or denying the PUD Preliminary Plan,the City Council shall make findings on the PUD review criteria outlined in§ 154.660. 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) �ffeet of a PUD Preliminary Plan Review) Commented[BGA64]:This subsection clarifies EXACTLY what a developer gets as a result of the Preliminary Plan approval governs the preparation of the PUD Final Plan which must be Preliminary Plan process. submitted for final approval in accordance with the requirements of this Article. (e) .imitation of Approval Commented[BGA65]:Preliminary Plan approvals may remain valid for up to 2.0 years. 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. Page 19 of 27 (3) PUD Final Plan (a) (Application Deadline Commented[BGA66]:To ensure the process continues to move forward,we are recommending a 90 day time-frame in Application for an open space PUD Final Plan shall be submitted for approval within which the final plan application must be submitted. 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 Director 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 City Code§ 153.08; 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 Director 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, etc.,together with all Commented[BGA67]:Here we denote that easements necessary consents to the easement by existing encumbrancers of the property. may be created to memorialize buffer areas on individual lots. 8. Any other information deemed necessary by the Director 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. Page 20 of 27 (c) PUD Final Plan Review 1. The 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 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 bn the proposed Overlay Commented[BGA68]:Unlike most platting processes,we District ordinance and open space Final PUD Plans,and shall submit a must hold a public hearing at this point in the process as the City must adopt the final ordinance language that will govern recommendation to the City Council for consideration. Because an open space PUD the 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 Director 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. Page 21 of 27 (d) Time Limit 1. A Planned Unit Development shall be validated by the applicant through the commencement of construction or establishment of the authorized use(s),subject to the permit requirements 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 Director 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.) Commented[SW69]:PC felt there should be a specific time period specified for extensions,such as one year 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 Commented[BGA70]:This section will deal with how the City will process amendments to both open space PUDs and Approved open space PUDs may be amended from time to time as a result of unforeseen circumstances, existing OP developments. 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 Director of Planning may approve minor changes�n the',.eati.« ..'..,,,...en4 and 1.eig of bcif such changes are required by engineering or other circumstances,provided the Commented[SW71]:Again,this language appears to be changes conform to the approved overlay district intent and are consistent with all for a commercial PUD,not OP PUD requirements of the open space PUD ordinance. Under no circumstances shall an administrative amendment allow additional..tortes to building 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 rye,elepn nt lanning Director and recorded against the PUD property. (2) Ordinance Amendment A PUD change requiring a text update to the adopted open space PUD overlay district language shall be administered in accordance with adopted regulations for zoning code changes in§ 154.105. Ordinance amendments shall be limited to changes that are deemed by the Director 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. Page 22 of 27 (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) IPre-existing OP Developments I - Commented[BGA72]:This section has been updated to address pre-existing OP Developments. (1) 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. (2) An application to amend an existing OP development shall require the development to be converted into an open space PUD beginning at open space PUD Preliminary Plan. (a) Replatting of lots will only be required if the Director of Planning determines such is necessary to implement the requested change. (b) The resulting overlay zoning district shall be applied to all properties within the OP development being amended. §154.663 IPUD CANCELLATIOII ;,; Commented[BGA73]:This section outlines the process for cancelling a previous PUD approval. 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 IADMINISTRATIOIVI Commented[BGA74]:This section includes some final roles and regulations deemed important by staff. 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; (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. Page 23 of 27 (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 . The City Council of the City of Lake Elmo hereby amends Title XV:Land Commented[BGA75]:Section 5 of this ordinance Usage;Chapter 154:Zoning Code,Article III:ZONING DISTRICTS,Section 154.035 OP- eliminates language within the zoning ordinance that references the old codes in Chapter 150,and provides a Open Space Preservation District as follows: home for all of the specialized setback requirements for existing OP developments. §154.035 OP—OPEN SPACE PRESERVATION DISTRICT. t�T (A) OP District Discontinued Provisions regulating the OP Open Space Preservation District were repealed and replaced with the regulations now in Article XVI:Open Space Planned Unit Developments. (B) Buffer Setbacks In OP Developments Buffer setbacks shall be applied from the edge of the existing open space preservation developments as follows. Buffer Setbacks in OP Developments(in feet) North Exception Edge South Edge West Edge East Edge Parcel(s) St.Croix's Sanctuary 200 50 50 100 Discover Crossing 200 100 50 100 Whistling Valley I 25 200 N/A N/A Whistling Valley lI 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 lI N/A 200 200 N/A N/A The Homestead 50 50 200 50 Page 24 of 27 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, N/A N/A 50 Block 5 use 20 ft SECTION 6� The City Council of the City of Lake Elmo hereby amends Title XV:Land Commented[BGA76]:The final section of this ordinance Usage;Chapter 154:Zoning Code,Section 154.036 as follows: would add"Open Space Development Overlay District"to the general list of zoning overlay districts found in code. §154.036 OZD-OVERLAY ZONING USE DISTRICT. The following overlay districts are designed to promote orderly development or to protect some specific sensitive natural resources. These district regulations are in addition to,rather than in lieu of,regulations imposed by the existing basic zoning use districts. These districts are defined and established as follows: A. Flood Plain—See§§ 151.01 through 151.14 of this Code; B. Restrictive Soils Overlay District—See§§ 150.200 through 150.203 of this Code; C. Wetland Protection and Preservation Overlay District—See§§ 150.215 through 150.219 of this Code; D. Shoreland District—See§§ 150.30154.800*,..,.ugh'50.257 of this Code; E. Interstate Corridor Overlay District— See§§ 150.230 through 150.238 of this Code;aftd F_Airport(reserved)-.Land F-.G. Open Space Development Overlay District—See§§ 150.175 through 150.190 of this Formatted:Tb stops: 0.63",Left+Not at 0.38° Code Page 25 of 27 SECTION 7. The City Council of the City of Lake Elmo hereby amends Title XV:Land Usage;Chapter 154:Zoning Code,Section 154.350 as follows: §154.350 DIVISION INTO DISTRICTS. A. All Areas Zoned.The incorporated areas of Lake Elmo are hereby divided into the following zoning districts: Table 8-1:Zoning Districts Zoning District Reference R-2 One and Two Family Residential 154.033 GB General Business 154.034 Agriculture 154.400 Article XI RR Rural Residential 154.400 Article XI RT Rural Development Transitional 154.400 Article XI RS Rural Single Family 114 400 Article XI RE Residential Estate 154.400 Article XI OP- Open Spaee Presen,a4ien i5O i75 DR Urban Low Density Residential 154 450 Article XII DR Urban Medium Density Residential 15 4.4 50 Article XII DR Urban High Density Residential 154.450 Article XII MX Village Center-Mixed Use 144 300 Article XIII C Commercial 1-54.550 Article XIV CC Convenience Commercial 154.550 Article XIV C Neighborhood Office/Limited Commercial 154.550 Article XIV BP Business Park/Light Manufacturing 154330 Article XIV PF Public Facilities 154 600 Article XV (AP Open Spaee and PaFks i 54 600 154.700 Page 26 of 27 SECTION 8. Adoption Date This Ordinance No.xx-xxx was adopted on this day of July 2016,by a vote of_Ayes and Nays. Mayor Mike Pearson ATTEST: Kristina Handt City Administrator This Ordinance No xx-xxx was published on the day of 12016. Page 27 of 27