HomeMy WebLinkAbout#15 CC Report -OP Amendment 9.6.16MAYOR AND COUNCIL COMMUNICATION
DATE: 9/20/2016
REGULAR ITEM #: __
MOTION
AGENDA ITEM: OP-Open Space Preservation Ordinance Amendment
SUBMITTED BY: Stephen Wensman, Planning Director
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Ben Gozola, Consulting Senior Planner
SUMMARY AND ACTION REQUESTED:
On November 4, 2015, the City Council passed a motion, 3-1, to have the Planning Commission
consider amending the OP – Opens Space Preservation Ordinance. On November 9, 2015 the
Planning Commission met to discuss the proposed amendment. On January 5, 2016, the
Council discussed the Planning Commission’s comments and gave direction to Staff in its
preparation of an ordinance amendment. Ben Gozola then prepared an ordinance which was
presented to and discussed by the Planning Commission on April 11, 2016 and May 10, 2016. A
public hearing was held on July 25, 2016 at the Planning Commission, after which the Planning
Commission recommended approval of the amendment on August 22, 2016.
Staff and the Planning Commission recommend the City Council approve Ordinance 08-__ and
Resolution 2016-__ for summary publication of the ordinance.
HISTORY:
On November 4, 2015, the City Council briefly discussed several issues related to the OP –
Open Space Preservation District and requested that the Planning Commission discuss:
•Overall Purpose of the OP District – Review the overall purpose.
•Density – should density be increased?
•Density calculation – Should the density calculations be based buildable or gross land
area.
•Buffer zones – what buffer or buffers are appropriate (maintain 200’ around RR, but
no buffers against adjacent OP’s).
•Septic system options.
•Minimum lot size.
•Qualifying property size, i.e. 20 acres vs. 40 acre minimum.
•Lot Design.
On November 9, 2015, the Planning Commission recommended the following:
•No community septic systems.
•1 acre minimum lot sizes.
[Regular Agenda Item #__] City Council Meeting
September 20, 2016
--Page 2--
•Allow the 50% open space requirement to be based on gross acres, rather than
buildable acres.
•Remove lot design criteria (not enforceable).
•Density 18 units per 40 gross acres of buildable land.
•Buffer: supportive of waiving the buffer between OP developments, if potential for OP,
then 100’ buffer, and potential for berms and trees to buffer in lieu of 100’ buffer might
be acceptable.
•Remove 4/5th vote to waive requirements to allow more flexibility.
In addition to the Planning Commission comments, staff identified additional issues with the
ordinance amendment:
•Remove redundancies between OP Ord platting requirements and regular subdivision
platting requirements.
•Restructure OP Ordinance as a PUD with Overlay Zoning rather than a CUP process.
•Hardcover regulations may need to be updated, depending on the changes.
•Street minimum standards.
On January 5, 2016 City Council gave direction to Staff in preparation of the ordinance update.
Ben Gozola then prepared the ordinance which was presented to and discussed by the
Planning Commission on April 11, 2016 and May 10, 2016. A public hearing was held on July
25, 2016 at the Planning Commission, after which the Planning Commission recommended
approval of the amendment on August 22, 2016.
PLANNING COMMISSION/PUBLIC HEARING:
At the public hearing held on July 25, 2016, no public comments were received and no member
of the public spoke for or against the proposed ordinance. The Planning Commission discussed
the draft and made a few text changes, then requested Staff bring back a clean copy for
recommendation to the City Council at the next meeting.
SUMMARY AND ACTION REQUESTED:
Staff and the Planning Commission recommend: 1) approval of Ordinance 08-152 repealing the
existing open space development regulations within chapter 150, and adopting new open space
planned unit development regulations in chapter 154 that establishes of an OP – Open Space
Overlay District in addition to organizational/numbering changes throughout Chapter 154 to
accommodate the new ordinance; and 2) Approval of Resolution 2016-75 ordering the summary
publication of the OP – Open Space Ordinance update with the following recommended motion:
“Move to approve Ordinance 08-152 repealing the existing open space
development regulations within chapter 150, and adopting new open space
planned unit development regulations in chapter 154 that establishes of an OP –
Open Space Overlay District in addition to organizational/numbering changes
throughout Chapter 154 to accommodate the new ordinance, and Resolution
2016-75 ordering the summary publication of the ordinance”
[Regular Agenda Item #__]
--Page 3--
City Council Meeting
September 20, 2016
ATTACHMENT(S):
•July 25, 2016 Planning Commission Minutes
•Planning Commission Packet - 8/22/16
•Ordinance 08-152 Updating the OP Regulations
•Resolution 2016-75 for Summary Publication of the Ordinance
Lake Elmo Planning Commission Minutes; 7-25-16
City of Lake Elmo
Planning Commission Meeting
Minutes of July 25, 2016
Chairman Kreimer called to order the meeting of the Lake Elmo Planning Commission at
7:00 p.m.
COMMISSIONERS PRESENT: Dunn, Larson, Griffin, Fields, Dodson, Kreimer, Lundquist
and Williams.
COMMISSIONERS ABSENT: Haggard
STAFF PRESENT: Planning Director Wensman
Approve Agenda:
M/S/P: Dodson/Griffin, move to approve the agenda as amended, Vote: 7-0, motion
carried.
Approve Minutes: June 27, 2016
M/S/P: Williams/Griffin, move to approve the June 27, 2016 minutes as amended, Vote:
7-0, motion carried.
Public Hearing – Zoning Map Amendment/PUD Amendment OP4 Boulder Ponds
Wensman started his presentation regarding the Boulder Ponds PUD amendment which
is processed as a rezoning. They would like to rezone outlots B & C from Commercial
PUD and MDR-PUD to HDR-PUD. Wensman went through some of the history of the
site and explained what the developer is trying to do. Wensman provided draft findings
as follows 1) The rezoning/PUD amendment is consistent with the Comprehensive Plan
designation for the subject property 2) The proposed land use, Senior Housing is a
conditional use in both the Commercial and HDR zoning districts, so the underlying land
use will remain unchanged 3) The proposed HDR/PUD zoning is appropriate for the
proposed senior housing density. 4) The proposed PUD/Amendment is consistent with
the Boulder Ponds PUD Concept Plan and Preliminary PUD Plans.
Wensman stated that in order to develop the site as senior living, the area would need
final plat/final PUD plan approval, outlot B & C would need to be combined into a single
lot and a conditional use permit approval is required for congregate housing.
Dodson is wondering why the CUP application is not with this. Wensman stated that
they are trying to market the property, but there is no plan. Dodson is wondering if
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Lake Elmo Planning Commission Minutes; 7-25-16
they rezone the property, what would stop them from putting in a different type of High
density housing. Wensman stated that there would be no guarantee that a differnet
plan wouldn’t come forward.
Fields asked if the senior housing is the motivation for rezoning this property, why
wouldn’t we wait until there is a plan for a CUP for the senior housing. Fields feels that
making the change could have the City end up with something that is unintended.
Larson is wondering if there could be a condition attached to this request stating that it
is for Senior Housing. Wensman stated that he does not believe there can be conditions
on a rezoning.
Deb Ridgeway, Excelsior Group, stated that they do not have a buyer yet for the
property. She feels it is necessary to clean up the zoning for the marketing of the
property. She said that they need a larger lot in order to market this as smaller lots are
not desirable. They are currently marketing the site as a senior housing project.
Williams asked about the combined parcels and how many units they need to make it
viable. Deb Ridgeway stated that they feel they need 100 units for it to be a viable
senior housing project. Williams stated that it is only approximately 4 acres and at 15
units/acre maximum, that still only gives them approximately 60 units. Ridgeway stated
that based on it being a PUD and looking at the entire site, they would be allowed 210
units. They would be platting 98 units at this time with a difference of 112 units.
Wensman does not agree with Ridgeways calculations. The underlying zoning is the tool
to enforce the comprehensive plan. There are bonuses allowed, however, once the
zoning is set for a parcel, that is how it needs to be developed. The LDR could have
been developed more dense, and just because it wasn’t, doesn’t mean that it can be
shifted to another area. The PUD is not an open door for density.
Williams wanted to confirm the allowed density for this site for HDR zoning. Wensman
stated that it would be 64 units for this project or 76 units if they achieve the 20%
bonus. He asked Ridgeway if that is the case, would they still want to proceed with the
rezoning request. Ridgeway confirmed that they would.
Dunn asked what qualified for a 20% bonus. Wensman stated that there is the base
zoning and then with a PUD there are highlights that qualify for bonuses. Dunn stated
that it is very hard to keep track of these issues if the developer keeps changing things
as they go along. Wensman stated that the deviations are spelled out at the time of
preliminary plat.
Fields thinks that rezoning this now without a project opens the door for market rate
multi-family rental housing.
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Lake Elmo Planning Commission Minutes; 7-25-16
Public hearing opened at 7:38 pm
No one spoke and there was no written correspondence.
Public hearing closed at 7:38 pm
M/S/P: Willimans/Dodson, move to add finding number 5 that there is disagreement
between the applicant and staff as to how many units would be allowed with the new
zoning, Vote: 7-0, motion carried unanimously.
M/S/P: Fields/Williams, move to add finding number 6 that to change the zoning to HDR
would allow the site to be marketed as a market rate mulit-family housing site, Vote: 7-
0, motion carried unanimously.
M/S/P: Williams/, move to add finding number 7 that unit counts for the congregate
care as found in the senior housing in the Old Village area, should also be applied City
wide. There was no second and this was added to the approval motion.
Ridgeway wanted to clarify that the preliminary plat was approved to have a 64 unit
senior facility, but the zoning was not put into place correctly. They would just like to
expand the acreage so that they can market this better. The existing residents know
that this is intended to be a senior living project.
Ben Schmidt, Excelsior Group, their understanding based on the original PUD is that
they could do a 64 unit senior facility on the 2.4 acres, but they would not be able to do
it under the MDR zoning. This needs to change to HDR to get to what was approved
with the PUD. Based on the original density of the 2.4 acre parcel, by adding the
additional acreage, 100 units is easy to get to. He agrees with using the same language
that was used in the Old Village.
M/S/P: Williams/Dodson, move to recommend approval of the rezoning/PUD
Amendment for Outlots B and C, Boulder Ponds, rezoning from Commercial/PUD and
MDR/PUD, respectively, to HDR/PUD based on the findings in the staff report and the
additional findings voted on and further recommend that the counts that apply to
senior housing in the Old Village, be applied to this site, Vote: 7-0, motion carried
unanimously.
Williams stated that the City needs more HDR in the City as we have virtually none right
now. He feels this is an appropriate place for HDR. Kreimer also agrees that this was
always shown as a multi-family building.
Public Hearing – Zoning Text Amendment Open Space Development
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Lake Elmo Planning Commission Minutes; 7-25-16
Wensman started his presentation regarding the Open Space ordinance. He went
through the recommendations that the Planning Commission had. There was also
recommendations from the City Council. This version takes into consideration the
Comments of the City Council. This ordinance is currently not in the Zoning Code, and
this will move it back to the zoning Code.
Wensman went through the specifics of the changes in this version. This version
articulates what the City is looking for in these PUD’s. One significant change is
eliminating the super majority vote for deviations to allow more flexibility. The
Comprehensive Plan is very clear that the density is 18/40 acres. The Buffer language
was updated, septic sites need to be identified first, roadway standards were eliminated
in favor of City Standards, lot sizes were left at 1 acre and ½ acre, building area was
clarified and open space configuration can be reduced on a case by case basis. The City
attorney added language regarding failing septic systems so that the City does not incur
costs for failure. Individual septic systems must be on the individual lots and are not
allowed in outlots. There will no longer be a public hearing at the concept phase. Now
there will be a public hearing at the final plat to memorialize the agreement via
ordinance so that it is a lot cleaner and easier to track. Wensman also stated that the
City Engineer did not put a number on the number of homes that would be needed to
support a community septic.
Williams would like the 154.650 purpose to be modified to say “wildlife corridor” or
“natural corridor” instead of just corridor.
Williams is concerned about the number of homes necessary to support a community
drainfield. Dodson feels that the critical language is that the City be able to do the work
and bill back the affected residents, rather than relying on the HOA to do the work and
collect. Williams pointed out some grammer issues on page 8 item 4 and Dunn would
like the (as much as possible) removed. Leaves too much room for interpretation.
Would also like to change “strive to” to “shall”.
Williams is wondering about on page 9 (6) v., the association owned stormwater
management facilities. He thought that the engineer is insisting that the City own these
in other subdivisions. Wensman said that he will discuss with contract planner and City
Engineer. Williams is wondering why the code is silent regarding signage and doesn’t
just refer to the City sign code. Wensman stated that city sign code would apply and
would not need to be put in this section.
The Planning Commission is not comfortable with page 11 1 (b) 2, the City holding the
conservation easements and would like them to be held by an outside agency.
Williams is wondering if there is a list of purposes that the open space can be set aside
for. He thinks that it is not clear enough what the purposes should be. Wensman stated
that it does talk about agriculture and natural habitat, but it does not say that those are
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Lake Elmo Planning Commission Minutes; 7-25-16
the only 2 things it can be used for. Kreimer is wondering if language could be added if
the land trust doesn’t accept the land, the City may consider it. Williams stated that he
believes the MN land trust typically wants open space that is 10 acres and this could be
problematic with the reduction to 20 acres. Dunn feels that there seems to be
unintended consequences for coming down to a 20 acre minimum.
Williams is wondering if there should be a setback for trails when there is a wetland.
Wensman stated that VBWD reviews the plans when a wetland is present and the
review process protects that. Williams thinks that 154.660 (3) for deviations, there
should be the word “and” after a & b so that all 3 criteria need to be met to get the
deviations.
Williams thinks that on page 18 (3) is left over from the commercial PUD and should be
taken out. Williams suggested some other changes that were clean up items that
applied more to commercial PUD’s.
Public hearing opened at 9:25 pm
No one spoke and there was no written correspondence
Public hearing closed at 9:25 pm
M/S/P: Williams/Griffin, move to postpone consideration of the OP Ordinance until staff
can return a cleaned up copy for consideration, Vote: 7-0, motion carried unanimously.
Public Hearing – Zoning Text Amendment to opt out of requirements for Temporary
Health Care Dwellings
Wensman started his presentation by giving an overview of the Temporary Health Care
Dwelling legislation. Staff drafted an ordinance to opt out of the state statute. The
Building Official had a number of concerns such as septic systems, anchoring, water
access, insulation, etc. Staff drafted an ordinance to opt out of the state statute based
on the recommendation of the Planning Commission.
Public hearing opened at 9:30 pm
No one spoke and there was no written correspondence
Public hearing closed at 9:30 pm
M/S/P: Dunn/Williams, move to recommend approval of the ordinance to opt out of the
requirements of Minnesoat Statutes Section 462.3593 , Vote: 7-0, motion carried
unanimously.
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Lake Elmo Planning Commission Minutes; 7-25-16
Dodson is concerned that if the state felt strongly enough to enact this, should we be
willing to provide a mechanism for people to provide for loved ones.
Larson feels that this legislation does not seem to fit in our community. Wensman
stated that this is really to care for an aging population which is a valid concern, but is
not sure that this is the best solution. This has been talked about in many different
states. Wensman knows of at least a dozen cities around us that have opted out and
only 1 that he knows of that have opted in.
Business Item – Ordinance amendment for the keeping of pigeons
Wensman gave a brief update on the pigeon ordinance. This item was talked about a
while back and he has incorporated the suggestions of the Planning Commission from
previous discussions. This is not an item that is in the zoning code, so a public hearing
would not be required. This item will move forward to the City Council at a future date.
City Council Updates – July 5, 2016 Meeting
i) Vacation of watermain easement for Auto Owners – passed.
ii) Amend Fence regulations in regards to encroachment agreements – passed.
iii) Hunting Ordinance – Tabled.
iv) CPA for Rural Single Family in regards to sanitary sewer – passed.
v) Moratorium extension – passed.
vi) Neighborhood park in Savona neighborhood – request for Park Commission
to review.
City Council Updates – July 19, 2016 Meeting
i) Hunting Ordinance – Input given to Planning Director to bring back to future
meeting.
Staff Updates
1. Upcoming Meetings
a. August 8, 2016
b. August 22, 2016
Commission Concerns
Dunn is wondering if there is any way to get a feel for what the costs will be to the City
for these additional developments that come forward. Be it for police, fire, lighting, etc.
Dunn also mentioned that Baytown and West Lakeland are really concerned about Lake
Elmo not taking a stand against the airport expansion. She would like it to be taken to
the City Council for a resolution.
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Lake Elmo Planning Commission Minutes; 7-25-16
M/S/P: Dunn/Larson, move to bring a request to the City Council to support Baytown
and West Lakeland in their opposition to the airport expansion , Vote: 6-1, motion
carried.
Williams stated that the current design has no impact on the Neal ave and 30th Street
intersection. Larson stated that the last set of meetings that they had come to an
agreement with Baytown. Kreimer stated that he just doesn’t feel that he has enough
information to vote on this issue.
Fields was wondering if there was any update on the land purchased by Prairie Island
and put into trust. Wensman stated that he can check with Kristina.
Dunn is wondering when discussions will start regarding lowering the forecast
population numbers. Wensman stated that he has not gotten further direction from the
City Council.
Meeting adjourned at 9:57 pm
Respectfully submitted,
Joan Ziertman
Planning Program Assistant
PLANNING COMMISSION
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
PLANNING COMMISSION
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
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.
Lake Elmo Planning Commission Meeting
August 8, 2016
Page 2 of 2
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
Page 1 of 27
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 III (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 2 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
development standards for such use listed in Article 7 Article 9 of this Chapter”
Current Section 154.106(E)(1) is amended as follows: “The conditions shall include all specific
development standards for such use listed in Article 7 Article 9 of this Chapter”
Current Section 154.202 is amended as follows: “Permits are required for all changes in use and all
development activities, with the exception of signs, in compliance with the standards of Article 3,
Administration. Signs shall require a sign permit in compliance with Section 151.115 and Article 3.”
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 Article 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 (B4) 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 Article 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 Articles 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 Article 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.”
Commented [BGA1]: From this point forward in this
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
references to "Article 7" in code must now be updated to
"Article 9"
Commented [BGA2]: This change fixes the noted
reference to the correct section. The current code points the
reader to regulations on " Culverts in developments with
rural section"
Page 3 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 Articles 5, 6 and 7 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 Article 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 Articles 5, 6 and 7 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 Articles 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 Article 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 154.553(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 Articles 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 Article 7 Article 9.”
Current Section 154.752(introductory paragraph) is amended as follows: “Uses within the PUD may
include only those uses generally considered associated with the general land use category shown for
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 , Administration, for zoning amendments.”
Commented [BGA3]: This paragraph must be updated as
there is no "Article 3, Administration" in the existing code.
Page 4 of 27
Current Article XVII, renumbered to Article XIX by this ordinance, is hereby restated and
incorporated herein unchanged except for its hierarchy of sections references which shall be amended
to follow the following subsection hierarchy:
Section Number. Section Title
A. Subsection
B. Subsection
C. Subsection
1. Subsection
2. Subsection
3. Subsection
a. Subsection
b. Subsection
c. Subsection
i. Subsection
ii. Subsection
iii. Subsection
Current Section 154.800(c)(O), 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 Article XVI 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 PURPOSE.
The 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.
Commented [BGA4]: Beyond just the Article number, the
overall heirarchy of sections within 154.800 doesn't follow
the rest of the zoning ordinance. Worse yet, the heirarchy
changes mid-way thorugh the Section! To correct this clear
formatting error, we are recommending updating each
subsection to reflect the zoning code's standard organizatin.
Commented [BGA5]: This section simply states what the
City is trying to accomplish when it reviews and approves
“open space planned unit developments.”
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 5 of 27
§ 154.651 INTENT.
It is the intent of the City of Lake Elmo that open space planned unit developments will offer needed
development flexibility within the Agricultural, Rural Residential, and Rural Estate zoning districts to
provide for:
(A) A variety of lot configurations and housing styles that may not otherwise exist within the City’s rural
areas;
(B) An avenue to provide a development density equal to or greater than what could be achieved via
underlying zoning;
(C) A reduction in the costs to construct and maintain public facilities and infrastructure in a rural setting;
(D) Protected open space to enhance and preserve the natural character of the community; and
(E) The creation of distinct neighborhoods that are interconnected within rural areas.
§ 154.652 DEFINITIONS.
Unless specifically defined in Article II, common definitions, words, and phrases used in this Article shall
be interpreted so as to give them the same meaning as they have in common usage throughout this code and
as may be found in § 11.01.
§ 154.653 INITIATION OF PROCEEDINGS.
The owner of property on which an open space PUD is proposed shall file the applicable application for a
PUD by paying the fee(s) set forth in § 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.
(A) PUD provisions provide an optional method of regulating land use which permits flexibility from
standard regulating provisions. Establishment of a PUD shall require adoption of an ordinance
creating an overlay zoning district atop the boundaries of the development area. For each PUD
District, a specific ordinance shall be adopted establishing all rules which shall supersede underlying
zoning. Issues not specifically addressed by the PUD Overlay district shall be governed by the
underlying zoning district regulations.
(B) All Open Space Preservation developments approved prior to [date of ordinance publication] shall
be allowed to continue per the original conditions of approval.
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
types in the rural areas of the city, allowing for increased
density, reducing infrastructure costs, protecting open space,
and creating distinct but interconnected rural neighborhoods.
Commented [BGA8]: This section references 11.01 as the
City’s location for applicable definitions. New definitions
(or updated definitions) created by Section One of this
ordinance will be placed in Section 11.01
Commented [BGA9]: This section simply outlines how a
landowner can begin the open space PUD process.
Commented [BGA10]: This is our first reference to the
fact that OP regulations for each development will now be
incorporated into an overlay district. Importantly, issues not
addressed by the OP ordinance will be handled by
underlying zoning regulations, so the City will never have to
worry about missing details during the approval process.
Page 6 of 27
§ 154.655 PREREQUISITES FOR OPEN SPACE PUDs.
(A) Only land zoned as Agricultural, Rural Residential, or Rural Estate may be considered for
establishment of an open space planned unit development.
(B) The minimum land area for establishment of an open space planned unit development is a nominal
contiguous 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 party ownership, in the sole discretion of the
City, is acceptable when legally sufficient written consent from all persons and entities with
ownership interest is provided at the time of application.
§ 154.656 USES WITHIN OPEN SPACE PUDs.
(A) Primary Uses.
(1) Permitted.
(a) Single-family, detached;
(b) Preserved open space;
(c) Conservation easements;
(d) Agriculture;
(e) Suburban farms;
(f) Private stables;
(g) Single-family, attached;
(h) Townhouses (no more than 25% in any development)
(i) Wayside stand; and
(j) Public parks and trails.
(2) Conditionally Permitted.
None
(3) Interim Permitted.
None
(B) Accessory Uses.
(1) Permitted.
Uses deemed by the 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
Commented [BGA11]: This section sets the minimum
requirements that must be met before someone can request
an Open Space PUD.
The listed prerequisites are existing criteria EXCEPT for the
minimum land area which was set at twenty (20) acres by the
City Council.
Commented [BGA12]: Here we’ve maintained existing
language. The only transition proposed is to allow the
overlay district regulations to amend specific use provisions
that may otherwise be in code. For example, if wayside
stands are limited to one per lot, the overlay district
regulations may specifically identify an area within
preserved open space where up to three wayside stands may
be erected at any point in time. The use has not changes, but
the specific rules governing the use may be amended if
deemed appropriate as part of the PUD approval.
Commented [BGA13]: The Planning Commission had a
split opinion on whether Townhomes should continue to be
allowed in OP developments. Some felt townhomes were
not appropriate in rural areas, while others felt they had been
very successful in such developments to date. The City
Council was asked to make a final determination, and they
directed staff to maintain Townhomes as an allowed use
stating they've worked well in such developments to date.
Page 7 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
Open space PUDs shall comply with all of the following minimum design standards unless modifications
are authorized by the City Council at the time of PUD Sketch Plan review. Authorization of such
modifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the
change(s), but rather as an authorization to present such modifications as a component of the plan during
the PUD Preliminary Plan review.
(A) Density
The maximum dwelling unit density within an open space planned unit development shall be 18 units
per 40 acres of buildable land on the undeveloped parcel; however, the total number of dwelling units
shall not exceed the density limitations contained in the Comprehensive Plan for Opens Space
Preservation Development.
(B) Lot Design
Lot locations and configurations within open space planned unit developments shall be derived
utilizing the following methodology. An applicant must be able to demonstrate how these steps
resulted in the plan being proposed.
(1) Soils Analysis Conducted
A certified septic designer or soils scientist shall complete a review of the soils on the site, and
categorize all areas as highly suitable for septic systems, moderately suitable for septic systems,
or poorly suited for septic systems.
(2) Septic Design Identification
Based on the soils analysis, an applicant must identify whether the proposed development will
be serviced by individual septic tanks and drain fields, or via a system of individual septic tanks
which utilize one or more communal drain fields.
(a) If individual septic tanks and drain fields can be supported by the available soils and is the
chosen methodology to serve the development, all proposed lots must be able to provide
primary and secondary drain field sites on each lot (outside of drainage and utility
easements), and must meet the minimum lot size standards outlined herein.
Commented [BGA14]: This section has undergone
extensive review by both the Planning Commission and City
Council as it completely reorganizes the City’s existing
regulations governing lot design. Based on feedback by both
bodies to date, we believe it is nearing (or is in) its final form
with the changes shown herein.
Commented [BGA15]: The City Council elected to
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
majority any time in the future, so maintaining it as a
component of this review wasn't necessary.
Commented [BGA16]: The language within the
comprehensive plan reads:
“Densities are allowed up to 0.45 dwelling units per
buildable acre when planned as part of an Open Space
Preservation development.”
40 acres * 0.45 d.u./acre = 18 units
Council has instructed staff to increase the permitted density
in this section to 20 units per 40 acres of buildable land.
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
ordinance once the comp plan change has been implemented.
To address the Planning Commisison’s concern on how the
term “buildable land” is used in different contexts, we have
added clarifying language here to indicate that buildable land
at this stage is calculated based on the buildable land which
exists on the undeveloped parcel.
Commented [BGA17]: Requiring a developer to analyze
soils followed by choosing a septic design will actually
achieve the City’s goal of ensuring proper septic design
drives developments.
Commented [BGA18]: The Planning Commission
recommended the City consider adopting a minimum
number of units before a community septic system can be
used. The matter was raised with the City Council, but
Council would like to rely on the City Engineer to provide
recommendations on proper system design, and Council
would ultimately need to make the policy decision on
whether to allow community systems on a case-by-case
basis.
Page 8 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
No build zones from each property boundary shall be derived as follows:
(a) A two-hundred (200) foot buffer from all adjacent property lines that abut an existing
residential development or a parcel of land not eligible for future development as an open
space planned unit development due to insufficient parcel area.
(b) A one-hundred (100) foot buffer from all adjacent property lines that abut land that is
eligible for future development as an open space planned unit development.
(c) If the development site is adjacent to an existing or approved OP development, the required
buffer shall be equivalent to the buffer that was required of the adjacent development [see
§ 154.035(B)].
(4) Identification of Preferred Building Pad Locations
Building pad locations [up to the maximum number of units permitted by 154.657(A)] which
preserve natural topography and drainageways, minimize tree loss, protect historic sites or
structures, and limit the need for soil removal and/or grading shall then be identified. The
orientation of individual building sites shall maintain maximum natural topography and ground
cover.
(a) Building pads shall be located outside of required buffers, and shall be sited so as to 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.
Generalized locations for such may be shown during the PUD Sketch Plan phase, but all
such sites must be verified as being viable as a component of PUD Preliminary Plan review.
(c) If individual septic tanks utilizing communal drain fields is intended, the plan must clearly
identify which communal drain field will service each of the proposed building pads.
(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
Commented [BGA19]: This language has been amended
to the three provisions shown since the Planning
Commission's last review of this language per Council's
direction.
Commented [BGA20]: We slightly amended this language
to state the full 100 foot buffer is only needed adjacent to
land that could develop as another OP in the future.
Subsection (c) then handles all buffers from existing or
approved OP developments.
Note that deviations to these buffer standards may be
approved by Council using the review criteria in Section
154.660. Within this new framework, Council will now ask
whether “the overall design provides appropriate solutions to
eliminate adverse impacts” when considering buffer
reductions, and/or when determining what can be done
within buffers (a detail that can be specifically written into
the overlay district ordinance governing the lots being
created).
Commented [BGA21]: Staff understands the Planning
Commission’s desire to avoid “wishy-washy” language, but
a PUD by its very nature is intended to provide a level of
flexibility to adjust to real-world circumstances without the
need for a variance. That said, the intro paragraph for
subdivision (4) was amended to provide more rigid language
desired by the Planning Commission. It will just need to be
noted to applicants that failure to meet these now rigid
requirements will need approval as a proposed modification.
Staff’s fear is that by making this language rigid (i.e. you
must preserve natural drainageways), we may be creating a
situation in which modifications are ALWAYS requested
from this provision.
Commented [BGA22]: As a primary step in lot design, we
will be requiring the developer to identify general locations
that can accommodate primary and secondary septic sites if
the lots are to contain their own systems. Detailed
information would be needed during the Preliminary Plan
stage.
Page 9 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.
(c) Streets shall not encroach into a required buffer area unless it can be demonstrated that
such an alignment is necessary to achieve the goals outlined above, and that no equivalent
option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90 degree
angle to provide current or future access to an adjacent property or boundary road shall be
the only exception.
(6) Lot Creation
Based on the street location(s), building pad locations, and septic system location(s); lines to
delineate individual lots shall then be identified in accordance with the following:
(a) Lots
(i) Single-family lots being served by individual septic tanks and drain fields shall be a
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;
(iii) All land reserved for Communal septic system use shall be located within a dedicated
Outlot to be owned by the homeowners association (HOA) of the development.
(iv) Base lots for townhomes shall be large enough such that individual unit lots can meet
all required structure setbacks contained herein.
(b) Lot Specific Buildable Areas
(i) The buildable area on each proposed lot which remains after consideration of each of
the following shall be shown: Buildable area shall exclude land within the following
areas:
1. Required buffers from adjacent lands [see § 154.035(B)]
2. Wetlands and required wetland buffers;
3. Required setbacks from waterbodies and non-buildable land per Shoreland district
regulations [see Article XIX] ;
4. Steep slopes;
5. Drainage swales, stormwater ponds, and other association owned and maintained
stormwater management facilities;
6. Easements; and
Commented [BGA23]: Rather than list allowable ROW
widths and paved street widths, staff is recommending
simply referring to the City’s standard plates and
specifications. Again, if deviations are requested, the PUD
review criteria will guide Council as to whether such
deviations are warranted.
As part of the Planning Commission’s last review, it was
asked if this is really necessary. To that we are strongly
recommending keeping this language as proposed as it
clearly lays out the City standard in no uncertain terms: if
you want to build a road in an OP PUD, you need to meet
minimum City standards. Furthermore, buy phrasing the
standard this way, the City is free to update its engineering
standards as may be needed without having to amend its
zoning code to acknowledge the changes.
We elected to stay silent on how signage can or cannot be
used (i.e. no parking signs) to allow Council to make
individual determinations depending upon the circumstances.
Sign design and specifications should be in conformance
with the City's adopted sign standards rather than relisting
such standards here.
Commented [BGA24]: We have amended this language to
reinstitute the existing minimum lot sizes of one acre and
one-half acre depending upon the septic system approach
being used.
Commented [BGA25]: To further address the Planning
Commission’s concern that the term “buildable area” may be
confusing if used in different contexts, we have added the
words “Lot specific” to qualify how buildable area is
calculated in this circumstance.
Based on the feedback from Engineering, we are removing
wetlands, wetland buffers, and stormwater facilities from this
list as such features will now need to be dedicated on
separate Outlots which are conveyed to the City.
Commented [BGA26]: This language was clarified to
ensure developers understood what constituted buildable
land on each lot.
Page 10 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
(ii) Proposed buildable area on each lot shall be sufficient to accommodate primary and
accessory structures that are normal and customary to the type of development being
proposed.
(7) Open Space and Parkland Adjustments
(a) Open Space
(i) The total preserved open space area within an open space planned unit development
shall be no less than 50% of the total gross land area, as defined by § 11.01. If this
threshold is not achieved after following the first six steps of lot design, the proposed
lot areas will need to be adjusted or lots eliminated until this requirement is met.
(ii) Land needed for storm water facilities as required by other provisions of the Lake Elmo
City Code may count towards required open space for the purposes of Open Space
PUD design, but must ultimately be placed in Outlots to be dedicated to the City.
(iii) Excluding land needed for compliant storm water facilities, not Not less than 60% of
the remaining preserved open space shall be in contiguous parcels which are five (5)
acres or more in size.
(iv) Preserved open space parcels shall be contiguous with preserved open space or public
park land on adjacent parcels.
(b) Parkland
(i) Parks and recreational facilities shall be provided in addition to preserved open space
as specified in the Lake Elmo Parks Plan.
(ii) Determination of whether a land or cash dedication will be required to fulfil parkland
requirements will be at the discretion of the City Council, with direction to be provided
as a component of PUD Sketch Plan review. If a required parkland dedication causes
overall open space to drop below the minimum threshold, the proposed lot areas will
need to be adjusted or lots eliminated until the open space requirement is once again
met.
(iii) Any dedication shall be consistent with the dedication and fee-in-lieu standards
specified in Chapter 153.
Commented [BGA27]: The overall seven (7) step design
process we have laid out now both emphasizes what is
important to the City while recognizing and embracing how
a developer will approach the site anyway.
At this final step, the developer may need to shrink lot sizes
or eliminate lots to meet open space and parkland
requirements.
Commented [BGA28]: The open space provisions are
existing requirements. The City Council was asked to
provide feedback on the occasional thin strips of land that
are used to connect open space areas, but in general there
was no opposition to the concept and it was felt that such
proposals should be judged on a case by case basis rather
than requiring a minimum width.
Commented [BGA29]: Based on the Planning
Commission concerns about existing language on open space
easements (see the next page), staff spent time re-examining
the open space provisions and discussing issues that have
arisen with the City Engineer. Based on that work, we are
suggesting new language here to address land being set aside
to comply with stormwater regulations, and how said land
relates to the open space requirement.
Commented [BGA30]: The current standard in code is
60% of the dedicated open space must be in contiguous
parcels that are at least 1/4 of the minimum land area needed
for OP development (i.e. 40 acres minimum requires that
60% of the open space be in contiguous parcels of at least 10
acres). As the minimum land area has been reduced from 40
acres to 20 acres, we have adjusted the "contiguous parcel"
size down accordingly.
Page 11 of 27
§ 154.658 OPEN SPACE PUD DEVELOPMENT STANDARDS
Open space PUDs shall comply with all of the following development standards unless modifications are
authorized by the City Council at the time of PUD Sketch Plan review. Authorization of such modifications
resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s), but rather
as an authorization to present such modifications as a component of the plan during the PUD Preliminary
Plan review.
(1) Preserved Open Space Standards
(a) With the exception of storm water facilities which must be dedicated to the City, all
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:
(i) Owned by an individual or legal entity who will use the land for a specific set of
purposes outlined by a permanent conservation easement 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), which is conveyed to an
acceptable land trust as approved by the city; and/or
(ii) Conveyed by conservation easement to the city.
(iii) Owned as an Outlot by the City (this option may only be used for land being dedicated
to the City for stormwater maintenance and conveyance purposes).
(c) Preserved open space land shall be maintained for the purposes for which it was set aside.
If preserved open space was set aside for agricultural purposes or for natural habitat, a
plan shall be submitted which will indicate how the land will be maintained or returned to
a natural state and who will be responsible for plan implementation. Developers shall
provide copies of common interest community (CIC) declarations to prospective
purchasers, and conservation easements to the city, describing land management practices
to be followed by the party or parties responsible for maintaining the preserved open
space.
(d) Where applicable, a Common Interest Community association shall be established to
permanently maintain all residual open space and recreational facilities. The Common
Interest Community association agreements, guaranteeing continuing maintenance, and
giving lien right to the city if there is lack of the maintenance shall be submitted to the
city as part of the documentation requirements of § 154.661(3) for an open space PUD
Final Plan.
Commented [BGA31]: While Section 154.657 lays out the
regulations that dictate how a development is laid out,
Section 154.658 tells the applicant how the development
must be constructed and improved.
Here again we maintain the city’s existing development
standards for open space developments (i.e. regulating open
space, septic systems, building standards, landscaping
standards, impervious surface standards, and trail standards).
Commented [BGA32]: Again, the super-majority vote
was eliminated in favor of new review criteria in Section
154.660
Commented [BGA33]: The Planning Commission
expressed concern over the language in subdivisions (i) &
(ii) stating that the City should be the easement holder only
as a last resort, and that the language between the two
subdivisions should be consistent (provided vs. conveyed).
As this was existing language that had presumably been
working well, we had not offered up any suggested updates.
Knowing now there is a concern, we dug deeper into this
language and are offering up the following changes:
1) based on the experiences of the City Engineer, we are
recommending that open space areas being set aside for
stormwater maintenance be credited towards required open
space (as it always has been), but require such open space to
be placed on separate Outlots to be dedicated to the City.
Since 2008, the City has become an MS4 community which
places the onus to maintain stormwater facilities on the City
whether they’re owned by the City or not. Placing such
facilities on private land or making them subject to
conservation easement requirements unnecessarily
complicates the City’s mandate, so we are recommend
avoiding problems altogether and having all such land
dedicated to the City for stormwater purposes.
2) We have clarified the language in subdivision (i) to
recognize a conservation easement is needed, and that such
must be conveyed to an acceptable land trust as approved by
the City.
We believe these two changes will address the Planning
Commission’s concerns.
Page 12 of 27
(2) Septic System Design Standards
(a) In General
The placement and design of all septic systems shall conform to the requirements of
Washington County.
(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.
(c) Communal Drain Fields.
(i) Communal drain fields may be partially or completely located in an area designated as
preserved open space provided the ground cover is restored to its natural condition
after installation, and recreational uses are prohibited above or within 50 feet of
communal drain fields or as approved by the City Engineer.
(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
½ stories or 35 feet in height.
(b) Accessory structures within open space planned unit developments shall not exceed 22
feet in height.
(c) It is desired that the structures within neighborhoods convey a particular architectural
style with similar building components, materials, roof pitches. The PUD Overlay
ordinance crafted for each individual development should establish minimum
architectural standards for the neighborhood.
(d) All wells shall be located a minimum of fifty (50) feet from septic tanks and septic fields.
(4) Landscaping Standards
(a) A landscape plan for the entire site is required and shall consist of at least 10 trees per
building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches
above grade level.
(b) Boulevard landscaping is required along all streets to consist of at least 1 tree per every
30 feet or placed in clusters at the same ratio.
Commented [BGA34]: Septic language now refers to
Washington County as they oversee the City's on-site
systems & permitting.
Commented [BGA35]: This new requirements would
mandate that all individual septic systems be located on
private property.
Commented [BGA36]: Existing language regarding
wetland treatment systems has been eliminated as directed
by the City Council. The new ordinance will be silent on
such systems, and Engineering will be asked for guidance if
such a system is proposed in the future.
Commented [BGA37]: The Planning Commission
questioned whether we should specifically exclude historic
structures from this requirement. Both staff and the City
Council agree that no such exclusion is necessary. Historic
structures taller than 22 feet would be legal nonconforming
structures subject to protections of State Statute.
Commented [BGA38]: Upon further consideration, this
seems to be the most appropriate location for the well &
septic separation requirement.
Commented [BGA39]: As directed, the optional
landscaping standards staff offered for consideration have
been eliminated in favor of the existing standards.
Page 13 of 27
(5) Impervious Surface Standards
The maximum impervious surface allowable within an open space planned unit development
shall be 20% of the land area not dedicated as preserved open space subject to the following:
(a) Impervious surfaces created by roads, trails, and other planned impervious improvements
shall count against the maximum allowed impervious coverage.
(b) Remaining allowed impervious surface acreage may be distributed between the planned
building sites, and maximums for each lot shall be clearly documented within the overlay
district ordinance governing the development.
(c) On individual lots, areas covered by pervious pavers or comparable systems may receive
a 25% credit against the lot’s hardcover if the system is installed consistent with the City
of Lake Elmo Engineering Standards Manual, and adequate storm water mitigation
measures (as may be necessary) are installed to mitigate potential runoff created by the
additional coverage above the allowed impervious surface threshold. All such credits
shall be at the discretion of the City Engineer.
(6) Trail Standards
A trail system or sidewalks shall be established within open space planned unit developments
in accordance with the following:
(a) The linear footage of trails provided shall be at least equal in length to the sum of the
centerline length of all public roads within the development.
(b) All trails shall be constructed of asphalt or concrete in compliance with the standard city
design plate for trails.
(c) Proposed trails shall provide connections between and access to the buildable land areas
and preserved open space land being created by the development.
(d) Proposed trails shall connect to existing, planned, or anticipated trails or roads on
adjacent parcels.
(e) If applicable, trails shall be linked (or be designed to provide a future link) to the “Old
Village” to emphasize the connection between existing and new development.
§ 154.659 Reserved
§ 154.660 OPEN SPACE PUD REVIEW CRITERIA
The following findings shall be made by the City Council prior to approval of a new or amended open space
planned unit development:
(1) The proposed development is consistent with the goals, objectives, and policies of the
Comprehensive Plan.
(2) All prerequisites for an open space PUD as outlined in § 154.655 are met.
Commented [BGA40]: Staff did not recommend changes
to the existing language as it seemingly has been working.
This should be monitored though and updated if problems
are encountered.
Commented [BGA41]: The “pathway” standards that are
currently lumped into a single paragraph are now broken
apart in this new ordinance. We are not recommending
incorporation of specific standards as the City should rely on
its standard engineering plates to identify how trails will fit
into available roadway designs.
Commented [BGA42]: From current Section
150.180(B)(2)(f), sentence 3
Commented [BGA43]: From current Section
150.180(B)(2)(f), sentence 4
Commented [BGA44]: From current Section
150.180(B)(2)(f), sentence 1
Commented [BGA45]: From current Section
150.180(B)(2)(f), sentence 1
Commented [BGA46]: From current Section
150.180(B)(2)(f), sentence 2
Commented [BGA47]: 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
is included here.
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
Council in response to the super-majority vote for deviations
being removed.
Rather than keeping such decision-making open-ended, we
are proposing a set of criteria (in subdivision 3) by which
Council may judge proposed deviations.
By including a framework for decision making on
deviations, we eliminate some of the subjectivity that can
arise as PUDs are reviewed. Additional criteria can be added
as Council may see fit.
We have also added subdivision 4 which introduces a new
review criteria requiring that phased developments result in
pieces that can stand-alone should the development go belly-
up prior to completion.
Page 14 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:
(a) The deviation(s) allow for higher quality building and site design that will enhance
aesthetics of the site;
(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,
efficient vehicular and pedestrian circulation, enhanced landscaping and site features,
and/or efficient use of utilities;
(c) The overall design provides appropriate solutions to eliminate adverse impacts that
proposed deviations may impose on surrounding lands.
(4) If the proposed PUD involves construction over two or more phases, the applicant has
demonstrated that each phase is capable of being a stand-alone development independent of
other phases.
§ 154.661 OPEN SPACE PUD REVIEW PROCEDURE
All requests to establish an open space Planned Unit Development shall be initiated by following the
steps below.
(1) Open Space PUD Sketch Plan
(a) Purpose
The open space PUD Sketch Plan is the first step in the development process which gives
the applicant an opportunity to present their ideas to the City Council and public so as to
gain general feedback on areas that will require additional analysis, study, design,
changes, etc. Feedback gained during the open space PUD Sketch Pla n 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);
(iii) 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.
Commented [BGA49]: As requested, we have clarified
that all three of the sub-criteria must be met to approval a
deviation
Commented [BGA50]: The word “higher” was added to
this criteria as requested
Commented [BGA51]: The word “more” was added to
this criteria as requested
Commented [BGA52]: This lengthy section outlines the
process to be used to review open space PUDs from
beginning to end. In general, this current draft follows the
standard City platting process with specific PUD
requirements thrown in.
Boiled down to its core, the review will require a sketch plan
proposal, a preliminary plan, and then a final plan. The
developer open houses considered at the beginning of this
process have been eliminated.
Page 15 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 16 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 ponding
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. Upon receiving an open space PUD Sketch Plan proposal, the City shall schedule
a date upon which the Planning Commission will review the proposal.
2. Upon completing their review, the Planning Commission shall adopt findings and
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.
Commented [BGA53]: The need for a sketch plan public
hearing before the Planning Commission was eliminated by
the City Council.
Page 17 of 27
(ii) 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.
3. For each of the identified modifications to the minimum standards outlined in
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.
(d) Effect of a PUD Sketch Plan Review
(i) The City Council and Planning Commission’s comments during the PUD Sketch
Plan review are explicitly not an approval or denial of the project, and are intended
only to provide information for the applicant to consider prior to application for an
open space PUD Preliminary Plan.
(ii) 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 guarant ees that the
modification will be approved as part of the PUD Preliminary Plan.
(e) Limitation of Approval
The City Council’s review of an open space PUD Sketch Plan shall remain valid for a
period of six (6) months. The City Council, in its sole discretion, may extend the validity
of their findings for an additional year.
(2) PUD Preliminary Plan
(a) Prerequisite
No application for an open space PUD Preliminary Plan will be accepted unless an
applicant’s proposal is distinctly similar to one reviewed in the completed the open space
PUD Sketch Plan review process which is valid upon the date of application.
(b) PUD Preliminary Plan Submittal Requirements
Except as may be waived by the 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.
Commented [BGA54]: A stray reference to the former
public hearing requirement was removed from this
subsection.
Commented [BGA55]: Under this process, Council would
take individual votes on each modification proposed by the
applicant. Approval at this stage ONLY authorizes the
applicant to make the request at the Preliminary stage; it
does NOT grant any rights to the modification. Again,
modifications can only be pursued IF Council allows such
via a super majority vote.
Commented [BGA56]: This subsection clarifies
EXACTLY what a developer gets as a result of the sketch
plan process.
Commented [BGA57]: Sketch Plan reviews may remain
valid for up to 1.5 years.
Commented [BGA58]: The City will not accept a
preliminary plan application unless a valid sketch plan is in
place. This language was reworded per the Planning
Commission’s recommendations.
Page 18 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 19 of 27
(iii) Proposed architectural theming and performance standards for the development;
(iv) 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;
(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 to be established as a component of the PUD Final Plan.
(iii) The Planning Commission shall hold a public hearing and consider the application’s
consistency with the goals for PUDs, the PUD review criteria, and applicable
comprehensive plan goals. The Planning Commission shall make recommendations
to the City Council on the merit, needed changes, and suggested conditions to impose
on the PUD.
(iv) In approving or denying the PUD Preliminary Plan, the City Council shall make
findings on the PUD review criteria outlined in § 154.660.
Commented [BGA59]: The Planning Commission
clarified this subsection by eliminating the need for color
renderings, and changing “architectural performance
standards” to “architectural theming and performance
standards…”
Commented [BGA60]: Rather than allowing the applicant
to draft an overlay district, we are proposing that staff begin
the process at preliminary plan. The cost for this work will
need to be incorporated into the fee for a Preliminary Plan
application.
Note that staff will ONLY be creating a draft now for
feedback and direction. The actual code language will be
reviewed during the Final Plan phase.
Page 20 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) Effect of a PUD Preliminary Plan Review
Preliminary Plan approval governs the preparation of the PUD Final Plan which must be
submitted for final approval in accordance with the requirements of this Article.
(e) Limitation of Approval
The City Council’s review of an open space PUD Preliminary Plan shall remain valid for
a period of one (1) year. The City Council, in its sole discretion, may extend the validity
of their findings for an additional year.
(3) PUD Final Plan
(a) Application Deadline
Application for an open space PUD Final Plan shall be submitted for approval within
ninety (90) days of City Council approval of the open space PUD Preliminary Plan unless
a written request for a time extension is submitted by the applicant and approved by the
City Council.
(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;
(ii) 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.
Commented [BGA61]: This subsection clarifies
EXACTLY what a developer gets as a result of the
Preliminary Plan process.
Commented [BGA62]: Preliminary Plan approvals may
remain valid for up to 2.0 years.
Commented [BGA63]: To ensure the process continues to
move forward, we are recommending a 90 day time-frame in
which the final plan application must be submitted.
Page 21 of 27
(vii) All easement dedication documents for easements not shown on the final plat
including those for trails, ingress/egress, etc., together with all necessary consents to
the easement by existing encumbrancers of the property.
(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
District ordinance and open space Final PUD Plans, and shall submit a
recommendation to the City Council for consideration. Because an open space PUD
Preliminary Plan was previously approved, the Planning Commission’s
recommendation shall only focus on whether the Ordinance and open space PUD
Final Plan are in substantial compliance with the open space PUD Preliminary Plan
and the required conditions of approval.
(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.
Commented [BGA64]: Easement creation to enforce
required buffers was eliminated from this subsection.
Commented [BGA65]: Unlike most platting processes, we
must hold a public hearing at this point in the process as the
City must adopt the final ordinance language that will govern
the PUD.
Page 22 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) Time Limit
(i) A Planned Unit Development shall be validated by the a pplicant 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 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
Approved open space PUDs may be amended from time to time as a result of unforeseen circumstances,
overlooked opportunities, or requests from a developer or neighborhood. At such a time, the applicant shall
make an application to the city for an open space PUD amendment.
(A) Amendments to Existing Open Space PUD Overlay District(s)
Amendments to an approved open space PUD Overlay district shall be processed as one of the
following:
(1) Administrative Amendment
The Director of Planning may approve minor changes if such changes are required by
engineering or other circumstances, provided the changes conform to the approved overlay
district intent and are consistent with all requirements of the open space PUD ordinance.
Under no circumstances shall an administrative amendment allow additional 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.
Commented [BGA66]: Greater specificity was added to
this section to state that Council may approve extensions “of
up to one (1) year.”
Commented [BGA67]: This section will deal with how the
City will process amendments to both open space PUDs and
existing OP developments.
Commented [BGA68]: This language was updated since
the last meeting to remove language that was deemed
unnecessary such as changes to building height.
Page 23 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) 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 PUD CANCELLATION
An open space PUD shall only be cancelled and revoked upon the City Council adopting an ordinance
rescinding the overlay district establishing the PUD. Cancellation of a PUD shall include findings that
demonstrate that the PUD is no longer necessary due to changes in local regulations over time; is
inconsistent with the Comprehensive Plan or other application land use regulations; threatens public safety,
health, or welfare; or other applicable findings in accordance with law.
§ 154.664 ADMINISTRATION
In general, the following rules shall apply to all open space PUDs:
(A) Rules and regulations
No requirement outlined in the open space PUD review process shall restrict the City Council from
taking action on an application if necessary to meet state mandated time deadlines;
Commented [BGA69]: This section was updated for the
July meeting to address how the City will deal with existing
OP developments.
Commented [BGA70]: This section outlines the process
for cancelling a previous PUD approval.
Commented [BGA71]: This section includes some final
rules and regulations deemed important by staff.
Page 24 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 City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, Article III: ZONING DISTRICTS, Section 154.035 OP-
Open Space Preservation District as follows:
§ 154.035 OP – OPEN SPACE PRESERVATION DISTRICT.
Provisions governing the OP Open Space Preservation District are codified at §§ 150.175 through
150.189.
(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
Edge South Edge West Edge East Edge
Exception
Parcel(s)
St. Croix’s Sanctuary 200 50 50 100
Discover Crossing 200 100 50 100
Whistling Valley I 25 200 N/A N/A
Whistling Valley 1I 25 100 85 N/A
Whistling Valley III 50 100 100 N/A
Farms of Lake Elmo 100 50 100 25
Commented [BGA72]: Section 5 of this ordinance
eliminates language within the zoning ordinance that
references the old codes in Chapter 150, and provides a
home for all of the specialized setback requirements for
existing OP developments.
Page 25 of 27
Prairie Hamlet 200 50 50 100
Fields of St. Croix I 50 N/A 200 100
Fields of St. Croix 1I N/A 200 200 N/A N/A
The Homestead 50 50 200 50
Tapestry at Charlotte’s Grove 50 50 200 50 100
Tamarack Farm Estates 100 100 100 100
Sunfish Ponds 100 100 100 200
Hamlet on Sunfish Lake 50 100 50 50
Cardinal Ridge 100 200 50 50
Wildflower Shoves 100 200 100 200
Heritage Farms 50 N/A N/A 50 N/A
Tana Ridge (Res. 2009-033) N/A N/A 50 50
Parkview Estates (Res. 2009-033) 50; except
Lot 9,
Block 5 use
20 ft
N/A N/A 50
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, Section 154.036 as follows:
§ 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 §§ 150.250154.800 through 150.257 of this Code;
E. Interstate Corridor Overlay District – See §§ 150.230 through 150.238 of this Code; and
F. Airport (reserved).; and
F.G. Open Space Development Overlay District – See §§ 150.175 through 150.190 of this
Code
Commented [BGA73]: The final section of this ordinance
would add "Open Space Development Overlay District" to
the general list of zoning overlay districts found in code.
Formatted: Tab stops: 0.63", Left + Not at 0.38"
Page 26 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
A Agriculture 154.400 Article XI
RR Rural Residential 154.400 Article XI
RT Rural Development Transitional 154.400 Article XI
RS Rural Single Family 154.400 Article XI
RE Residential Estate 154.400 Article XI
OP Open Space Preservation 150.175
LDR Urban Low Density Residential 154.450 Article XII
MDR Urban Medium Density Residential 154.450 Article XII
HDR Urban High Density Residential 154.450 Article XII
VMX Village Center - Mixed Use 154.500 Article XIII
C Commercial 154.550 Article XIV
CC Convenience Commercial 154.550 Article XIV
LC Neighborhood Office/Limited Commercial 154.550 Article XIV
BP Business Park/Light Manufacturing 154.550 Article XIV
P PF Civic/Public Public Facilities 154.600 Article XV
OSP Open Space and Parks 154.600
OP-A Open Space Preservation - Alternative Density 154.700
Page 27 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 _____________________, 2016.
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
Page 1 of 26
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 III (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)
152
Page 2 of 26
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
development standards for such use listed in Article 7 Article 9 of this Chapter”
Current Section 154.106(E)(1) is amended as follows: “The conditions shall include all specific
development standards for such use listed in Article 7 Article 9 of this Chapter”
Current Section 154.202 is amended as follows: “Permits are required for all changes in use and all
development activities, with the exception of signs, in compliance with the standards of Article 3,
Administration. Signs shall require a sign permit in compliance with Section 151.115 and Article 3.”
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 Article 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 (B4) 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 Article 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 Articles 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 Article 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 3 of 26
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 Articles 5, 6 and 7 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 Article 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 Articles 5, 6 and 7 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 Articles 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 Article 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 154.553(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 Articles 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 Article 7 Article 9.”
Current Section 154.752(introductory paragraph) is amended as follows: “Uses within the PUD may
include only those uses generally considered associated with the general land use category shown for
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 , Administration, for zoning amendments.”
Page 4 of 26
Current Article XVII, renumbered to Article XIX by this ordinance, is hereby restated and
incorporated herein unchanged except for its hierarchy of sections references which shall be amended
to follow the following subsection hierarchy:
Section Number. Section Title
A. Subsection
B. Subsection
C. Subsection
1.Subsection
2.Subsection
3.Subsection
a.Subsection
b.Subsection
c.Subsection
i.Subsection
ii.Subsection
iii.Subsection
Current Section 154.800(c)(O), 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 Article XVI 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 PURPOSE.
The 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.
Page 5 of 26
§ 154.651 INTENT.
It is the intent of the City of Lake Elmo that open space planned unit developments will offer needed
development flexibility within the Agricultural, Rural Residential, and Rural Estate zoning districts to
provide for:
(A) A variety of lot configurations and housing styles that may not otherwise exist within the City’s rural
areas;
(B) An avenue to provide a development density equal to or greater than what could be achieved via
underlying zoning;
(C) A reduction in the costs to construct and maintain public facilities and infrastructure in a rural setting;
(D) Protected open space to enhance and preserve the natural character of the community; and
(E) The creation of distinct neighborhoods that are interconnected within rural areas.
§ 154.652 DEFINITIONS.
Unless specifically defined in Article II, common definitions, words, and phrases used in this Article shall
be interpreted so as to give them the same meaning as they have in common usage throughout this code and
as may be found in § 11.01.
§154.653 INITIATION OF PROCEEDINGS.
The owner of property on which an open space PUD is proposed shall file the applicable application for a
PUD by paying the fee(s) set forth in § 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.
(A) PUD provisions provide an optional method of regulating land use which permits flexibility from
standard regulating provisions. Establishment of a PUD shall require adoption of an ordinance
creating an overlay zoning district atop the boundaries of the development area. For each PUD
District, a specific ordinance shall be adopted establishing all rules which shall supersede underlying
zoning. Issues not specifically addressed by the PUD Overlay district shall be governed by the
underlying zoning district regulations.
(B) All Open Space Preservation developments approved prior to [date of ordinance publication] shall
be allowed to continue per the original conditions of approval.
Page 6 of 26
§154.655 PREREQUISITES FOR OPEN SPACE PUDs.
(A) Only land zoned as Agricultural, Rural Residential, or Rural Estate may be considered for
establishment of an open space planned unit development.
(B) The minimum land area for establishment of an open space planned unit development is a nominal
contiguous 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 party ownership, in the sole discretion of the
City, is acceptable when legally sufficient written consent from all persons and entities with
ownership interest is provided at the time of application.
§ 154.656 USES WITHIN OPEN SPACE PUDs.
(A) Primary Uses.
(1) Permitted.
(a) Single-family, detached;
(b) Preserved open space;
(c) Conservation easements;
(d) Agriculture;
(e) Suburban farms;
(f) Private stables;
(g) Single-family, attached;
(h) Townhouses (no more than 25% in any development)
(i) Wayside stand; and
(j) Public parks and trails.
(2) Conditionally Permitted.
None
(3) Interim Permitted.
None
(B) Accessory Uses.
(1) Permitted.
Uses deemed by the 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 7 of 26
(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
Open space PUDs shall comply with all of the following minimum design standards unless modifications
are authorized by the City Council at the time of PUD Sketch Plan review. Authorization of such
modifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the
change(s), but rather as an authorization to present such modifications as a component of the plan during
the PUD Preliminary Plan review.
(A) Density
The maximum dwelling unit density within an open space planned unit development shall be 18 units
per 40 acres of buildable land on the undeveloped parcel; however, the total number of dwelling units
shall not exceed the density limitations contained in the Comprehensive Plan for Opens Space
Preservation Development.
(B) Lot Design
Lot locations and configurations within open space planned unit developments shall be derived
utilizing the following methodology. An applicant must be able to demonstrate how these steps
resulted in the plan being proposed.
(1) Soils Analysis Conducted
A certified septic designer or soils scientist shall complete a review of the soils on the site, and
categorize all areas as highly suitable for septic systems, moderately suitable for septic systems,
or poorly suited for septic systems.
(2) Septic Design Identification
Based on the soils analysis, an applicant must identify whether the proposed development will
be serviced by individual septic tanks and drain fields, or via a system of individual septic tanks
which utilize one or more communal drain fields.
(a) If individual septic tanks and drain fields can be supported by the available soils and is the
chosen methodology to serve the development, all proposed lots must be able to provide
primary and secondary drain field sites on each lot (outside of drainage and utility
easements), and must meet the minimum lot size standards outlined herein.
Page 8 of 26
(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
No build zones from each property boundary shall be derived as follows:
(a) A two-hundred (200) foot buffer from all adjacent property lines that abut an existing
residential development or a parcel of land not eligible for future development as an open
space planned unit development due to insufficient parcel area.
(b) A one-hundred (100) foot buffer from all adjacent property lines that abut land that is
eligible for future development as an open space planned unit development.
(c) If the development site is adjacent to an existing or approved OP development, the required
buffer shall be equivalent to the buffer that was required of the adjacent development [see
§ 154.035(B)].
(4) Identification of Preferred Building Pad Locations
Building pad locations [up to the maximum number of units permitted by 154.657(A)] which
preserve natural topography and drainageways, minimize tree loss, protect historic sites or
structures, and limit the need for soil removal and/or grading shall then be identified. The
orientation of individual building sites shall maintain maximum natural topography and ground
cover.
(a) Building pads shall be located outside of required buffers, and shall be sited so as to 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.
Generalized locations for such may be shown during the PUD Sketch Plan phase, but all
such sites must be verified as being viable as a component of PUD Preliminary Plan review.
(c) If individual septic tanks utilizing communal drain fields is intended, the plan must clearly
identify which communal drain field will service each of the proposed building pads.
(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 9 of 26
(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.
(c) Streets shall not encroach into a required buffer area unless it can be demonstrated that
such an alignment is necessary to achieve the goals outlined above, and that no equivalent
option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90 degree
angle to provide current or future access to an adjacent property or boundary road shall be
the only exception.
(6) Lot Creation
Based on the street location(s), building pad locations, and septic system location(s); lines to
delineate individual lots shall then be identified in accordance with the following:
(a) Lots
(i) Single-family lots being served by individual septic tanks and drain fields shall be a
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;
(iii) All land reserved for Communal septic system use shall be located within a dedicated
Outlot to be owned by the homeowners association (HOA) of the development.
(iv) Base lots for townhomes shall be large enough such that individual unit lots can meet
all required structure setbacks contained herein.
(b) Lot Specific Buildable Areas
(i) The buildable area on each proposed lot which remains after consideration of each of
the following shall be shown:
1.Required buffers from adjacent lands [see § 154.035(B)]
2.Required setbacks from waterbodies and non-buildable land per Shoreland district
regulations [see Article XIX] ;
3.Steep slopes;
4.Easements; and
5.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
Page 10 of 26
(ii) Proposed buildable area on each lot shall be sufficient to accommodate primary and
accessory structures that are normal and customary to the type of development being
proposed.
(7) Open Space and Parkland Adjustments
(a) Open Space
(i) The total preserved open space area within an open space planned unit development
shall be no less than 50% of the total gross land area, as defined by § 11.01. If this
threshold is not achieved after following the first six steps of lot design, the proposed
lot areas will need to be adjusted or lots eliminated until this requirement is met.
(ii) Land needed for storm water facilities as required by other provisions of the Lake Elmo
City Code may count towards required open space for the purposes of Open Space
PUD design, but must ultimately be placed in Outlots to be dedicated to the City.
(iii) Excluding land needed for compliant storm water facilities, not less than 60% of the
remaining preserved open space shall be in contiguous parcels which are five (5) acres
or more in size.
(iv) Preserved open space parcels shall be contiguous with preserved open space or public
park land on adjacent parcels.
(b) Parkland
(i) Parks and recreational facilities shall be provided in addition to preserved open space
as specified in the Lake Elmo Parks Plan.
(ii) Determination of whether a land or cash dedication will be required to fulfil parkland
requirements will be at the discretion of the City Council, with direction to be provided
as a component of PUD Sketch Plan review. If a required parkland dedication causes
overall open space to drop below the minimum threshold, the proposed lot areas will
need to be adjusted or lots eliminated until the open space requirement is once again
met.
(iii) Any dedication shall be consistent with the dedication and fee-in-lieu standards
specified in Chapter 153.
§ 154.658 OPEN SPACE PUD DEVELOPMENT STANDARDS
Open space PUDs shall comply with all of the following development standards unless modifications are
authorized by the City Council at the time of PUD Sketch Plan review. Authorization of such modifications
resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s), but rather
as an authorization to present such modifications as a component of the plan during the PUD Preliminary
Plan review.
(1) Preserved Open Space Standards
(a) With the exception of storm water facilities which must be dedicated to the City, all
Page 11 of 26
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:
(i) Owned by an individual or legal entity who will use the land for a specific set of
purposes outlined by a permanent conservation easement (in accordance with M.S. Ch.
84C.01-.05, as it may be amended from time to time), which is conveyed to an
acceptable land trust as approved by the city; and/or
(ii) Conveyed by conservation easement to the city.
(iii) Owned as an Outlot by the City (this option may only be used for land being dedicated
to the City for stormwater maintenance and conveyance purposes).
(c) Preserved open space land shall be maintained for the purposes for which it was set aside.
If preserved open space was set aside for agricultural purposes or for natural habitat, a
plan shall be submitted which will indicate how the land will be maintained or returned to
a natural state and who will be responsible for plan implementation. Developers shall
provide copies of common interest community (CIC) declarations to prospective
purchasers, and conservation easements to the city, describing land management practices
to be followed by the party or parties responsible for maintaining the preserved open
space.
(d) Where applicable, a Common Interest Community association shall be established to
permanently maintain all residual open space and recreational facilities. The Common
Interest Community association agreements, guaranteeing continuing maintenance, and
giving lien right to the city if there is lack of the maintenance shall be submitted to the
city as part of the documentation requirements of § 154.661(3) for an open space PUD
Final Plan.
(2) Septic System Design Standards
(a) In General
The placement and design of all septic systems shall conform to the requirements of
Washington County.
(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.
(c) Communal Drain Fields.
(i) Communal drain fields may be partially or completely located in an area designated as
preserved open space provided the ground cover is restored to its natural condition
after installation, and recreational uses are prohibited above or within 50 feet of
communal drain fields or as approved by the City Engineer.
(ii) Communal drain fields, if installed, shall be professionally maintained, and are
Page 12 of 26
acceptable once legally sufficient documentation has been provided by the developer
to ensure such maintenance will continue in perpetuity.
(3) Building Standards
(a) Principal structures within open space planned unit developments shall not exceed 2 and
½ stories or 35 feet in height.
(b) Accessory structures within open space planned unit developments shall not exceed 22
feet in height.
(c) It is desired that the structures within neighborhoods convey a particular architectural
style with similar building components, materials, roof pitches. The PUD Overlay
ordinance crafted for each individual development should establish minimum
architectural standards for the neighborhood.
(d) All wells shall be located a minimum of fifty (50) feet from septic tanks and septic fields.
(4) Landscaping Standards
(a) A landscape plan for the entire site is required and shall consist of at least 10 trees per
building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches
above grade level.
(b) Boulevard landscaping is required along all streets to consist of at least 1 tree per every
30 feet or placed in clusters at the same ratio.
(5) Impervious Surface Standards
The maximum impervious surface allowable within an open space planned unit development
shall be 20% of the land area not dedicated as preserved open space subject to the following:
(a) Impervious surfaces created by roads, trails, and other planned impervious improvements
shall count against the maximum allowed impervious coverage.
(b) Remaining allowed impervious surface acreage may be distributed between the planned
building sites, and maximums for each lot shall be clearly documented within the overlay
district ordinance governing the development.
(c) On individual lots, areas covered by pervious pavers or comparable systems may receive
a 25% credit against the lot’s hardcover if the system is installed consistent with the City
of Lake Elmo Engineering Standards Manual, and adequate storm water mitigation
measures (as may be necessary) are installed to mitigate potential runoff created by the
additional coverage above the allowed impervious surface threshold. All such credits
shall be at the discretion of the City Engineer.
(6) Trail Standards
A trail system or sidewalks shall be established within open space planned unit developments
in accordance with the following:
(a) The linear footage of trails provided shall be at least equal in length to the sum of the
centerline length of all public roads within the development.
Page 13 of 26
(b) All trails shall be constructed of asphalt or concrete in compliance with the standard city
design plate for trails.
(c) Proposed trails shall provide connections between and access to the buildable land areas
and preserved open space land being created by the development.
(d) Proposed trails shall connect to existing, planned, or anticipated trails or roads on
adjacent parcels.
(e) If applicable, trails shall be linked (or be designed to provide a future link) to the “Old
Village” to emphasize the connection between existing and new development.
§ 154.659 Reserved
§ 154.660 OPEN SPACE PUD REVIEW CRITERIA
The following findings shall be made by the City Council prior to approval of a new or amended open space
planned unit development:
(1) The proposed development is consistent with the goals, objectives, and policies of the
Comprehensive Plan.
(2) All prerequisites for an open space PUD as outlined in § 154.655 are met.
(3) All open space PUD design standards (as outlined in § 154.657) and all open space
development standards (as outlined in § 154.658) are met; or if deviations are proposed, that
all such deviations are supported because they achieve the following three (3) goals:
(a) The deviation(s) allow for higher quality building and site design that will enhance
aesthetics of the site;
(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,
efficient vehicular and pedestrian circulation, enhanced landscaping and site features,
and/or efficient use of utilities;
(c) The overall design provides appropriate solutions to eliminate adverse impacts that
proposed deviations may impose on surrounding lands.
(4) If the proposed PUD involves construction over two or more phases, the applicant has
demonstrated that each phase is capable of being a stand-alone development independent of
other phases.
§ 154.661 OPEN SPACE PUD REVIEW PROCEDURE
All requests to establish an open space Planned Unit Development shall be initiated by following the
steps below.
(1) Open Space PUD Sketch Plan
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(a) Purpose
The open space PUD Sketch Plan is the first step in the development process which gives
the applicant an opportunity to present their ideas to the City Council and public so as to
gain general feedback on areas that will require additional analysis, study, design,
changes, etc. 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);
(iii) 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.
(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.
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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);
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 ponding
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;
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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. Upon receiving an open space PUD Sketch Plan proposal, the City shall schedule
a date upon which the Planning Commission will review the proposal.
2. Upon completing their review, the Planning Commission shall adopt findings and
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.
(ii) 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.
3. For each of the identified modifications to the minimum standards outlined in
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.
(d) Effect of a PUD Sketch Plan Review
(i) The City Council and Planning Commission’s comments during the PUD Sketch
Plan review are explicitly not an approval or denial of the project, and are intended
only to provide information for the applicant to consider prior to application for an
open space PUD Preliminary Plan.
(ii) 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) Limitation of Approval
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The City Council’s review of an open space PUD Sketch Plan shall remain valid for a
period of six (6) months. The City Council, in its sole discretion, may extend the validity
of their findings for an additional year.
(2) PUD Preliminary Plan
(a) Prerequisite
No application for an open space PUD Preliminary Plan will be accepted unless an
applicant’s proposal is distinctly similar to one reviewed in the completed the open space
PUD Sketch Plan review process which is valid upon the date of application.
(b) PUD Preliminary Plan Submittal Requirements
Except as may be waived by the 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.
(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;
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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
(iii) Proposed architectural theming and performance standards for the development;
(iv) 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;
(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
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(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 to be established as a component of the PUD Final Plan.
(iii) The Planning Commission shall hold a public hearing and consider the application’s
consistency with the goals for PUDs, the PUD review criteria, and applicable
comprehensive plan goals. The Planning Commission shall make recommendations
to the City Council on the merit, needed changes, and suggested conditions to impose
on the PUD.
(iv) In approving or denying the PUD Preliminary Plan, the City Council shall make
findings on the PUD review criteria outlined in § 154.660.
(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) Effect of a PUD Preliminary Plan Review
Preliminary Plan approval governs the preparation of the PUD Final Plan which must be
submitted for final approval in accordance with the requirements of this Article.
(e) Limitation of Approval
The City Council’s review of an open space PUD Preliminary Plan shall remain valid for
a period of one (1) year. The City Council, in its sole discretion, may extend the validity
of their findings for an additional year.
(3) PUD Final Plan
(a) Application Deadline
Application for an open space PUD Final Plan shall be submitted for approval within
ninety (90) days of City Council approval of the open space PUD Preliminary Plan unless
a written request for a time extension is submitted by the applicant and approved by the
City Council.
(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;
(ii) 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
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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.
(vii) All easement dedication documents for easements not shown on the final plat
including those for trails, ingress/egress, etc., together with all necessary consents to
the easement by existing encumbrancers of the property.
(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
District ordinance and open space Final PUD Plans, and shall submit a
recommendation to the City Council for consideration. Because an open space PUD
Preliminary Plan was previously approved, the Planning Commission’s
recommendation shall only focus on whether the Ordinance and open space PUD
Final Plan are in substantial compliance with the open space PUD Preliminary Plan
and the required conditions of approval.
(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
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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.
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) Time Limit
(i) 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 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
Approved open space PUDs may be amended from time to time as a result of unforeseen circumstances,
overlooked opportunities, or requests from a developer or neighborhood. At such a time, the applicant shall
make an application to the city for an open space PUD amendment.
(A) Amendments to Existing Open Space PUD Overlay District(s)
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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 if such changes are required by
engineering or other circumstances, provided the changes conform to the approved overlay
district intent and are consistent with all requirements of the open space PUD ordinance.
Under no circumstances shall an administrative amendment allow additional 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.
(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) 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 PUD CANCELLATION
An open space PUD shall only be cancelled and revoked upon the City Council adopting an ordinance
rescinding the overlay district establishing the PUD. Cancellation of a PUD shall include findings that
demonstrate that the PUD is no longer necessary due to changes in local regulations over time; is
inconsistent with the Comprehensive Plan or other application land use regulations; threatens public safety,
Page 23 of 26
health, or welfare; or other applicable findings in accordance with law.
§ 154.664 ADMINISTRATION
In general, the following rules shall apply to all open space PUDs:
(A) Rules and regulations
No requirement outlined in the open space PUD review process shall restrict the City Council from
taking action on an application if necessary to meet state mandated time deadlines;
(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 City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, Article III: ZONING DISTRICTS, Section 154.035 OP-
Open Space Preservation District as follows:
§ 154.035 OP – OPEN SPACE PRESERVATION DISTRICT.
Provisions governing the OP Open Space Preservation District are codified at §§ 150.175 through
150.189.
(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
Edge South Edge West Edge East Edge
Exception
Parcel(s)
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St. Croix’s Sanctuary 200 50 50 100
Discover Crossing 200 100 50 100
Whistling Valley I 25 200 N/A N/A
Whistling Valley 1I 25 100 85 N/A
Whistling Valley III 50 100 100 N/A
Farms of Lake Elmo 100 50 100 25
Prairie Hamlet 200 50 50 100
Fields of St. Croix I 50 N/A 200 100
Fields of St. Croix 1I N/A 200 200 N/A N/A
The Homestead 50 50 200 50
Tapestry at Charlotte’s Grove 50 50 200 50 100
Tamarack Farm Estates 100 100 100 100
Sunfish Ponds 100 100 100 200
Hamlet on Sunfish Lake 50 100 50 50
Cardinal Ridge 100 200 50 50
Wildflower Shoves 100 200 100 200
Heritage Farms 50 N/A N/A 50 N/A
Tana Ridge (Res. 2009-033) N/A N/A 50 50
Parkview Estates (Res. 2009-033) 50; except
Lot 9,
Block 5 use
20 ft
N/A N/A 50
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, Section 154.036 as follows:
§ 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
Page 25 of 26
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 §§ 154.800 of this Code;
E. Interstate Corridor Overlay District – See §§ 150.230 through 150.238 of this Code;
F. Airport (reserved); and
G. Open Space Development Overlay District – See §§ 150.175 through 150.190 of this
Code
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
A Agriculture 154.400 Article XI
RR Rural Residential 154.400 Article XI
RT Rural Development Transitional 154.400 Article XI
RS Rural Single Family 154.400 Article XI
RE Residential Estate 154.400 Article XI
OP Open Space Preservation 150.175
LDR Urban Low Density Residential 154.450 Article XII
MDR Urban Medium Density Residential 154.450 Article XII
HDR Urban High Density Residential 154.450 Article XII
VMX Village Center - Mixed Use 154.500 Article XIII
C Commercial 154.550 Article XIV
CC Convenience Commercial 154.550 Article XIV
LC Neighborhood Office/Limited Commercial 154.550 Article XIV
BP Business Park/Light Manufacturing 154.550 Article XIV
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P PF Civic/Public Public Facilities 154.600 Article XV
OSP Open Space and Parks 154.600
OP-A Open Space Preservation - Alternative Density 154.700
SECTION 8. Adoption Date
This Ordinance No. 08-152 was adopted on this ______ day of September 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 _____________________, 2016.
CITY OF LAKE ELMO
RESOLUTION NO. 2016-75
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 08-152 BY TITLE AND
SUMMARY
WHEREAS, the city council of the city of Lake Elmo has adopted Ordinance No. 08-152,
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. 08-152 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. 08-152. 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. 08-152 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: ________________ ___, 2016.
___________________________________
Mayor Mike Pearson
ATTEST:
____________________________________
Julie Johnson, City Clerk
(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.