HomeMy WebLinkAboutOP Regulations Update_incl super majority_10-4-16 CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO.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
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 1 of 27
• Current Articles XVI(16)through XVII(17)containing sections 154.750 through 154.800,are
hereby restated and incorporated herein unchanged except for their Article numbers which are
amended to read Articles XVIII(18)through XIX(19)
• The currently un-numbered Article entitled"Design and Performance Standards—Restrictions on
Nuisance and Hazardous Activities,"containing sections 154.900 through 154.999,is hereby restated
and incorporated herein unchanged except for the title which is amended to read:"Article XX—
Design and Performance Standards—Restrictions on Nuisance and Hazardous Activities"
• I urrent Section 154.106(A)(4)�is amended as follows: "The proposed use meets all SpeC1fiC ,; Commented[BGAI]:From this point forward in this
development standards for such use listed in Ai4iele 7 Article 9 of this Chapter" section of the ordinance,staff is updating Article and code
references as necessary due to the renumbering being
completed. Using this provision as an example,all
• Current Section 154.106(E)(1)is amended as follows: "The conditions shall include all specific references to"Article 7"in code must now be updated to
"Article 9"
development standards for such use listed in Article 7 Article 9 of this Chapter"
• I urrent Section 154.202 is amended as followsl: "Permits are required for all changes in use and all - Commented[BGA2]:This change fixes the noted
development activities,with the exception of signs,in,.,.mplianee with the standards of A,bile z reference to the correct section.The current code points the
reader to regulations on"Culverts in developments with
#--atian—Signs shall re"ire a sign f3efi+lit ift 68WpliEffi6e With 9-0,64ifflq 141.114 RN4 A i I q rural section"
which shall be governed by the specific requirements of Section 154.212 as may be gpplicable."
• Current Section 154.210(D)(6)is amended as follows: "Landscaping and Screening. Parking areas
shall be screened and landscaped as provided in Aftiele 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 A ftiele 6 Article 8,Section 154.258."
• Current Section 154.404(introductory paragraph)is amended as follows: "Development of land
within the rural districts shall follow established standards for traffic circulation,landscape design,
parking,signs and other considerations as specified in A Fti,'e 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 4#ie-lc 7
Article 9,Specific Development Standards. These include uses such as family and group family day
care,bed and breakfast facilities,and home occupations,and structures such as swimming pools and
solar equipment."
Page 2 of 27
• Current Section 154.454(introductory paragraph)is amended as follows: "Development of land
within the urban residential districts shall follow established standards for traffic circulation,
landscape design,parking,signs and other considerations as specified in A fti les 5,6 and 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 At4ie-le 7 Article 9,
Specific Development Standards.These include uses such as family and group family day care,bed
and breakfast facilities,and home occupations,and structures such as swimming pools and solar
equipment."
• Current Section 154.504(introductory paragraph)is amended as follows: "Development of land
within the VMX District shall follow established standards for traffic circulation,landscape design,
and other considerations as specified in A.":,.,,.,.5,6 a-Ha'Articles 7,8,and 9."
• Current Section 154.505(introductory paragraph)is amended as follows: "Development of land
within the VMX district shall follow established standards for traffic circulation,landscape design,
parking,signs and other considerations as specified in A fti,'e 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 Artiele 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 ^F fic es 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 A 7 Article 9."
• I urrent Section 154.752(introductory paragraph)is amended as follows: "Uses within the PUD may Commented[BGA3]:This paragraph must be updated as
include only those uses generally considered associated with the general land use category shown for there is no"Article 3,Administration"in the existing code.
the area on the official Comprehensive Land Use Plan.Specific allowed uses and performance
standards for each PUD shall be delineated in an ordinance and development plan.The PUD
development plan shall identify all the proposed land uses and those uses shall become permitted uses
with the acceptance of the development plan.Any change in the list of uses approved in the
development plan will be considered an amendment to the PUD,and will follow the procedures
specified in Article 35,Section 154.105, ^amini,tfatie ,for zoning amendments."
Page 3 of 27
• I urrent Article XVIl,renumbered to Article XIX by this ordinance,is hereby restated and - Commented[BGA4]:Beyond just the Article number,the
incorporated herein unchanged except for its hierarchy of sections references which shall be amended overall heirarchy of sections within 154.800 doesn't follow
the rest of the zoning ordinance. Worse yet,the heirarchy
to follow the following subsection hierarchy: changes mid-way thorugh the Section! To correct this clear
formatting error,we are recommending updating each
Section Number. Section Title subsection to reflect the zoning code's standard organizatin.
A. Subsection
B. Subsection
C. Subsection
1. Subsection
2. Subsection
3. Subsection
a. Subsection
b. Subsection
c. Subsection
i. Subsection
ii. Subsection
iii. Subsection
• Current Section 154.800(c)(0),changed to 154.800(L)as part of the subsection hierarchy update
above,is amended as follows: "Residential planned unit developments shall be permitted in
shoreland areas subject to the requirements of A i"ele X I 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 �PURPOSEJ. Commented[BGAS]:This section simply states what the
City is trying to accomplish when it reviews and approves
"open space planned unit developments."
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.l Commented[BGA6]:As requested by the City Council,
we have beefed up the purpose statement to stress the City's
intent to provide flexibility through this process while
maintaining rural character.
Page 4 of 27
§154.651 �NTENT1 Commented[BGA7]:This section outlines specific things
the City wants to accomplish with open space planned unit
developments including allowing for a variety of housing
It is the intent of the City of Lake Elmo that open space planned unit developments will offer needed types in the rural areas of the city,allowing for increased
development flexibility within the Agricultural, Rural Residential, and Rural Estate zoning districts to density,reducing infrastructure costs,protecting open space,
provide for: and creating distinct but interconnected rural neighborhoods.
(A) A variety of lot configurations and housing styles that may not otherwise exist within the City's rural
areas;
(B) An avenue to provide a development density equal to or greater than what could be achieved via
underlying zoning;
(C) A reduction in the costs to construct and maintain public facilities and infrastructure in a rural setting;
(D) Protected open space to enhance and preserve the natural character of the community;and
(E) The creation of distinct neighborhoods that are interconnected within rural areas.
(F) �o preserve large contiguous open spaces.) ;-- Commented[BGA8]:Added as requested
§154.652 IDEFINITIONSI. Commented[BGA9]:This section references 11.01 as the
City's location for applicable definitions. New definitions
Unless specifically defined in Article II,common definitions,words,and phrases used in this Article shall (or updated definitions)created by Section One of this
be interpreted so as to give them the same meaning as they have in common usage throughout this code and ordinance will be placed in Section 11.01
as may be found in§ 11.01.
§154.653 INITIATION OF PROCEEDINGS. — Commented[BGA10]:This section simply outlines how a
landowner can begin the open space PUD process.
The owner of property on which an open space PUD is proposed shall file the applicable application for a
PUD by paying the fee(s)set forth in§11.02 of this Code and submitting a completed application form and
supporting documents as set forth on the application form and within this Section. Complete applications
shall be reviewed by City Commissions as deemed necessary by the Director of Planning and be acted upon
by the City Council. If a proposed PUD is denied,any subsequent application for a substantially similar
PUD within one(1)year of the date of denial shall fully address all findings which supported the denial
prior to being accepted as complete.
§154.654 "FLECTION ON THE OFFICIAL ZONING MAP. Commented[BGA11]:This is our first reference to the
fact that OP regulations for each development will now be
(A) PUD provisions provide an optional method of regulating land use which permits flexibility from incorporated into an overlay district. Importantly,issues not
standard regulating provisions. Establishment of a PUD shall require adoption of an ordinance addressed by the OP ordinance will be handled by
underlying zoning regulations,so the City will never have to
creating an overlay zoning district atop the boundaries of the development area. For each PUD worry about missing details during the approval process.
District,a specific ordinance shall be adopted establishing all rules which shall supersede underlying
zoning. Issues not specifically addressed by the PUD Overlay district shall be governed by the
underlying zoning district regulations.
(B) All Open Space Preservation developments approved prior to[date of ordinance publication] shall
be allowed to continue per the original conditions of approval.
Page 5 of 27
§154.655 (PREREQUISITES FOR OPEN SPACE PU)s. ;;— Commented[BGA12]:This section sets the minimum
requirements that must be met before someone can request
(A) Only land zoned as Agricultural, Rural Residential, or Rural Estate may be considered for an Open Space PUD.
establishment of an open space planned unit development. The listed prerequisites are existing criteria EXCEPT for the
(B) The minimum land area for establishment of an open space planned unit development is a nominal minimum land area which was set at twenty(20)acres by the
City Council.
contiguous twenty(20)acres.
(C) Establishment of an open space planned unit development will be considered only for areas of land
in single ownership or control. Alternatively,multiple 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. — Commented[BGA13]:Here we've maintained existing
language. The only transition proposed is to allow the
(A) Primary Uses. overlay district regulations to amend specific use provisions
that may otherwise be in code. For example,if wayside
(1) Permitted. stands are limited to one per lot,the overlay district
regulations may specifically identify an area within
(a) Single-family,detached; preserved open space where up to three wayside stands may
be erected at any point in time. The use has not changes,but
(b) Preserved open space; the specific rules governing the use may be amended if
deemed appropriate as part of the PUD approval.
(c) Conservation easements;
(d) Agriculture;
(e) Suburban farms;
(t) Private stables;
(g) Single-family,attached;
(h) Townhouses kno more than 25%in any development) ;; Commented[BGA14]:The Planning Commission had a
split opinion on whether Townhomes should continue to be
(i) Wayside stand;and allowed in OP developments. Some felt townhomes were
(j) Public parks and trails. not appropriate in rural areas,while others felt they had been
very successful in such developments to date. The City
(2) Conditionally Permitted. Council was asked to make a final determination,and they
directed staff to maintain Townhomes as an allowed use
None stating they've worked well in such developments to date.
(3) Interim Permitted.
None
(B) Accessory Uses.
(1) Permitted.
Uses deemed by the Director of Planning to be typically accessory to an established permitted
use on the property as listed in 154.656(A)(1).
(2) Conditionally Permitted.
None
Page 6 of 27
(3) Interim Permitted.
None
(C) Prohibited Uses.
All other uses not listed in 154.656(A)or 154.656(B)are hereby prohibited.
(D) Use Restrictions and Allowances
The final PUD overlay district ordinance may include specific provisions governing uses which Commented[BGA15]:This section has undergone
supersede underlying zoning and the general PUD regulations herein. 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
§154.657 (OPEN SPACE PUD DESIGN bodies to date,we believe it is nearing(or is in)its final form
with the changes shown herein.
Open space PUDs shall comply with all of the following minimum design standards unless modifications Commented[BGA16]:The super-majority requirement
are authorized for consideration by the City Council wia a super-majority vote�t the time of PUD Sketch / has been restored. As has been the case in all drafts to date,
Plan review. Authorization of such modifications resulting from a PUD Sketch Plan review shall not be the decisions during sketch plan(regardless of whether a
supermajority is needed or not) are a vote to authorize the
construed as approvals for the change(s),but rather as an authorization to present such modifications as a request of specific deviations during Preliminary Plan. once
component of the plan during the PUD Preliminary Plan review. Council has authorized an applicant to request a deviation,it
is then treated like any other variation within a PUD. No
(A) Density subsequent super-majority votes would be needed.
Commented[BGA17]:The language within the
The maximum dwelling unit density within an open space planned unit development shall be I units comprehensive plan reads:
per 40 acres of buildable land)on the undeveloped parcel;however,the total number of dwelling units "Densities are allowed up to 0.45 dwelling units per
shall not exceed the density limitations contained in the Comprehensive Plan for Opens Space buildable acre when planned as part of an Open Space
Preservation Development.
Preservation development."
40 acres*0.45 d.u./acre—18 units
(B) Lot Design
Council has instructed staff to increase the permitted density
in this section to 20 units per 40 acres of buildable land.
Lot locations and configurations within open space planned unit developments shall be derived Unfortuantely,until/unless a comprehensive plan change is
utilizing the following methodology. An applicant must be able to demonstrate how these steps approved,we cannot amend the density in the zoning code.
Staff will follow this ordinance up with a second clean-up
resulted in the plan being proposed. ordinance once the comp plan change has been implemented.
(1) Soils Analysis Conducted) To address the Planning Commisison's concern on how the
term"buildable land"is used in different contexts,we have
A certified septic designer or soils scientist shall complete a review of the soils on the site,and added clarifying language here to indicate that buildable land
categorize all areas as highly suitable for septic systems,moderately suitable for septic systems, \ at this stage is calculated based on the buildable land which
or poorly suited for septic systems. exists on the undeveloped parcel.
Commented[BGA18]:Requiring a developer to analyze
(2) Septic Design Identification) soils followed by choosing a septic design will actually
achieve the City's goal of ensuring proper septic design
Based on the soils analysis,an applicant must identify whether the proposed development will \ drives developments.
be serviced by individual septic tanks and drain fields,or via a system of individual septic tanks Commented[BGA19]:The Planning Commission
which utilize one or more communal drain fields. recommended the City consider adopting a minimum
number of units before a community septic system can be
(a) If individual septic tanks and drain fields can be supported by the available soils and is the used. The matter was raised with the City Council,but
chosen methodology to serve the development,all proposed lots must be able to provide Council would like to rely on the City Engineer to provide
recommendations on proper system design,and Council
primary and secondary drain field sites on each lot (outside of drainage and utility would ultimately need to make the policy decision on
easements),and must meet the minimum lot size standards outlined herein. whether to allow community systems on a case-by-case
basis.
Page 7 of 27
(b) If individual septic tanks which utilize a communal drain field(or fields)is the chosen
methodology to serve the development,then the location(s)for communal drain fields shall
be identified within the area(s)deemed the most suitable on the site for supporting septic
utilities according to the soils analysis. All such areas shall be clearly denoted on provided
plan sets.
(3) �dentificat]on of Required Buffers Commented[BGA20]:This language has been amended
to the three provisions shown since the Planning
No build zones from each property boundary shall be derived as follows: Commission's last review of this language per Council's
direction.
(a) A two-hundred (200) foot buffer from all adjacent property lines that abut an existing
residential development or a parcel of land not eligible for future development as an open
space planned unit development due to insufficient parcel area.
(b) A one-hundred(100) foot buffer from all adjacent property lines that abut land that is
eligible for future development as an open space planned unit development. ,; Commented[BGA21]:We slightly amended this language
to state the full 100 foot buffer is only needed adjacent to
(c) If the development site is adjacent to an existing or approved OP development,the required land that could develop as another OP in the future.
buffer shall be equivalent to the buffer that was required of the adjacent development[see Subsection(c)then handles all buffers from existing or
§ 154.035(B)]. approved OP developments.
Note that deviations to these buffer standards may be
(4) �Identificatlon of Preferred Building Pad Locations approved by Council using the review criteria in Section
154.660. Within this new framework,Council will now ask
Building pad locations[up to the maximum number of units permitted by 154.657(A)]which .. whether"the overall design provides appropriate solutions to
preserve natural topography and drainageways, minimize tree loss, protect historic sites or eliminate adverse impacts"when considering buffer
reductions,and/or when determining what can be done
structures, and limit the need for soil removal and/or grading shall then be identified. The \ within buffers(a detail that can be specifically written into
orientation of individual building sites shall maintain maximum natural topography and ground the overlay district ordinance governing the lots being
cover.
created).
(a) Building pads shall be located outside of required buffers,and shall be sited so as to provide Commented[BGA22a Staff understands the Planning
Commission's desire to avoid"wishy-washy"language,but
ample room for accessory structures on future lots. a PUD by its very nature is intended to provide a level of
flexibility to adjust to real-world circumstances without the
(b) If individual septic tanks and drain fields for each lot are to be utilized, locations for need for a variance. That said,the intro paragraph for
primary and secondary facilities�or each proposed building pad shall also be identified. subdivision(4)was amended to provide more rigid language
Generalized locations for such may be shown during the PUD Sketch Plan phase,but all desired by the Planning Commission. It will just need to benoted to applicants that failure to meet these now rigid
such sites must be verified as being viable as a component of PUD Preliminary Plan review. ` requirements will need approval as a proposed modification.
Staff s fear is that by making this language rigid(i.e.you
(c) If individual septic tanks utilizing communal drain fields is intended,the plan must clearly must preserve natural drainageways),we may be creating a
identify which communal drain field will service each of the proposed building pads. situation in which modifications are ALWAYS requested
from this provision.
(5) Placement of Streets Commented[BGA23]:As a primary step in lot design,we
(a) Streets shall then be designed and located in such a manner as to: will be requiring the developer to identify general locations
that can accommodate primary and secondary septic sites if
(i) Maintain and preserve natural topography, groundcover, significant landmarks, and the lots are to contain their own systems. Detailed
trees; stage.
would be needed during the Preliminary Plan
stage.
(ii) Minimize cut and fill;
(iii) Preserve and enhance both internal and external views and vistas;
(iv) Promote road safety;
(v) Assure adequate access for fire and rescue vehicles;and
Page 8 of 27
(vi) Assure and promote adequate vehicular circulation both within the development and
with adjacent neighborhoods.
(b) �he design of streets and the dedication of right-of-way shall be in compliance with the
City's standard plates and specifications as may be amended.) Commented[BGA24]:Rather than list allowable ROW
widths and paved street widths,staff is recommending
(c) Streets shall not encroach into a required buffer area unless it can be demonstrated that simply referring to the City's standard plates and
such an alignment is necessary to achieve the goals outlined above,and that no equivalent specifications. Again,if deviations are requested,the PUD
review criteria will guide Council as to whether such
option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90 degree deviations are warranted.
angle to provide current or future access to an adjacent property or boundary road shall be
As part of the Planning Commission's last review,it was
the Only exception. asked if this is really necessary. To that we are strongly
recommending keeping this language as proposed as it
(6) Lot Creation clearly lays out the City standard in no uncertain terms: if
you want to build a road in an OP PUD,you need to meet
Based on the street location(s),building pad locations,and septic system location(s);lines to minimum City standards. Furthermore,buy phrasing the
delineate individual lots shall then be identified in accordance with the following: standard this way,the City is free to update its engineering
standards as may be needed without having to amend its
(a) Lots zoning code to acknowledge the changes.
(i) Single-family lots being served by individual septic tanks and drain fields shall be a We elected to stay silent on how signage can or cannot be
minimum Of one(1)acre in size; used(i.e.no parking signs)to allow Council to make
individual determinations depending upon the circumstances.
00 Single-family lots being served by individual septic tanks utilizing communal drain sign design and specifications should be in conformance
fields shall be a minimum of 1/2 acre(21,780 square feet)in size); with the City's adopted sign standards rather than relisting
such standards here.
(iii) All land reserved for Communal septic system use shall be located within a dedicated Commented[BGA25]:We have amended this language to
Outlot to be owned by the homeowners association(HOA)of the development. reinstitute the existing minimum lot sizes of one acre and
one-half acre depending upon the septic system approach
(iv) Base lots for townhomes shall be large enough such that individual unit lots can meet being used.
all required structure setbacks contained herein.
(b) tot Specific Buildable Areas ,, Commented[BGA26]:To further address the Planning
Commission's concern that the term"buildable area"may be
(i) The buildable area on each proposed lot which remains after consideration of each of confusing if used in different contexts,we have added the
the following shall be shown: l tiildable area shall,..e. dde land within the following words"Lot specific"to qualify how buildable area is
calculated in this circumstance.
1. Required buffers from adjacent lands[see§ 154.035(B)] Based on the feedback from Engineering,we are removing
wetlands,wetland buffers,and stormwater facilities from this
i Wetlandsand..,.,.,.:,.,a...,.dand buffers; list as such features will now need to be dedicated on
3. Required setbacks from waterbodies and non-buildable land per Shoreland district separate Outlots which are conveyed to the City.
regulations[See Article XIX]; Commented[BGA27]:This language was clarified to
ensure developers understood what constituted buildable
4. Steep slopes; land on each lot.
6. Easements;and
Page 9 of 27
7. Land within the following setbacks:
HOUSING TYPE
Single Family Homes Townhomes
Front Yard 30 20
Side Yard 15 feet or 10%of lot width
Corner Lot Front Yard 30
Corner Lot Street Side Yard 30
Rear Yard 20
(H) Proposed buildable area on each lot shall be sufficient to accommodate primary and
accessory structures that are normal and customary to the type of development being
proposed.
(7) Open Space and Parkland Adjustments - Commented[BGA28]:The overall seven(7)step design
process we have laid out now both emphasizes what is
(a) Open Space important to the City while recognizing and embracing how
(I) The total preserved open space area within an open space planned unit development a developer will approach the site anyway.
shall be no less than 50%of the total gross land area,as defined by§ 11.01. If this At this final step,the developer may need to shrink lot sizes
threshold is not achieved after following the first six steps of lot design,the proposed or eliminate lots to meet open space and parkland
requirements.
lot areas will need to be adjusted or lots eliminated until this requirement is met.
Commented[BGA29]:The open space provisions are
(]i) Land needed for storm water facilities as required by other provisions of the Lake Elmo existing requirements. The City Council was asked to
City Code may count towards required open space for the purposes of Open Space provide feedback on the occasional thin strips of land that
are used to connect open space areas,but in general there
PUD design,but must ultimately be placed in Outlots to be dedicated to the City was no opposition to the concept and it was felt that such
(M) Excluding land needed for compliant storm water facilities,not let less than 60% than requiring a minimum wid of proposals should be judged d a case by case basis rather
th.
the remainine preserved open space shall be in contiguous parcels which are five(5) Commented[BGA30]:Based on the Planning
acres or more in size. Commission concerns about existing language on open space
(N) Preserved open space parcels shall be contiguous with preserved open space or public easements(see the next paged staff spent time re-examining
the open space provisions and discussing issues that have
park land on adjacent parcels. arisen with the City Engineer. Based on that work,we are
suggesting new language here to address land being set aside
(b) Parkland to comply with stormwater regulations,and how said land
(i) Parks and recreational facilities shall be provided in addition to preserved open space relates to the open space requirement.
as specified in the Lake Elmo Parks Plan.
(H) Determination of whether a land or cash dedication will be required to fulfil parkland
requirements will be at the discretion of the City Council,with direction to be provided Commented[BGA31]:The current standard in code is
60%of the dedicated open space must be in contiguous
as a component of PUD Sketch Plan review. If a required parkland dedication causes parcels that are at least 1/4 of the minimum land area needed
overall open space to drop below the minimum threshold,the proposed lot areas will for OP development(i.e. 40 acres minimum requires that
60%of the open space be in contiguous parcels of at least 10
need to be adjusted or lots eliminated until the open space requirement is once again acres). As the minimum land area has been reduced from 40
met. acres to 20 acres,we have adjusted the"contiguous parcel"
size down accordingly.
(M) Any dedication shall be consistent with the dedication and fee-in-lieu standards
specified in Chapter 153.
Page 10 of 27
§154.658 (OPEN SPACE PUD DEVELOPMENT STANDARDO ;;— Commented[BGA32]:While Section 154.657 lays out the
regulations that dictate how a development is laid out,
Open space PUDs shall comply with all of the following development standards unless modifications are Section 154.658 tells the applicant how the development
authorized for consideration by the City Council wia a super-majority vote lat the time of PUD Sketch Plan must be constructed and improved.
review. Authorization of such modifications resulting from a PUD Sketch Plan review shall not be Here again we maintain the city's existing development
construed as approvals for the change(s),but rather as an authorization to present such modifications as a standards for open space developments(i.e.regulating open
space,septic systems,building standards,landscaping
component of the plan during the PUD Preliminary Plan review. standards,impervious surface standards,and trail standards).
(1) Preserved Open Space Standards Commented[BGA33]:Because this is a new section,we
again must state that a super-majority vote is needed to
(a) With the exception of storm water facilities which must be dedicated to the City,all authorize modifications during Sketch Plan review.
preserved open space within an open space planned unit development shall be subject to a
conservation easement and used for the purposes listed in§ 154.650.
(b) Preserved open space land shall be controlled in one or more of following manners as
determined at the sole discretion of the City Council:) Commented[BGA34]:The Planning Commission
expressed concern over the language in subdivisions
(i) Owned by an individual or legal entity who will use the land for a specific set of (ii)stating that the City should be the easement holder onl7
u oses outlined by a permanent conservation easemenL-preserved open spaee as a last resort,and that the language between the two
subdivisions should be consistent(provided vs.conveyed).
'Elea by pe nanen' a 4:e,#;4etie435(in accordance with M.S. As this was existing language that had presumably been
Ch. 84C.01-.05,as it may be amended from time to time),which is conveyed to an working well,we had not offered up any suggested updates)
Knowing now there is a concern,we dug deeper into t1A
acceptable land trust as approved by the city;and/or language and are offering up the following changes:
(ii) Conveyed by conservation easement to the city. 1)based on the experiences of the City Engine
(iii) Owned as an Outlot by the City(this option may only be used for land being dedicated recommending that open space areas being set as
stormwater maintenance be credited towards required oped
to the City for stormwater maintenance and conveyance purposes). space(as it always has been),but require such open space
(c) Preserved open space land shall be maintained for the purposes for which it was set aside. placed on separate become
to a dedicated to the City.
SiSnce 2008,the City haass b become an MS4 community whicl
If preserved open space was set aside for agricultural purposes or for natural habitat,a places the onus to maintain stormwater facilities on the Ci
plan shall be submitted which will indicate how the land will be maintained or returned to whether they're owned by the City or not. Placing succb
facilities on private land or making them subject to
a natural state and who will be responsible for plan implementation. Developers shall conservation easement requirements unnecessarily
provide copies of common interest community(CIC)declarations to prospective complicates the City's mandate,so we are recommend
avoiding problems altogether and having all such lan4
purchasers,and conservation easements to the city,describing land management practices dedicated to the City for stormwater purposes.
to be followed by the party or parties responsible for maintaining the preserved open
2)We have clarified the language in subdivision!
space. recognize a conservation easement is needed,and t aTsucl-
must be conveyed to an acceptable land trust as approved by
(d) Where applicable,a Common Interest Community association shall be established to the City.
permanently maintain all residual open space and recreational facilities. The Common
We believe these two changes will address the P�
Interest Community association agreements,guaranteeing continuing maintenance,and Commission's concerns.
giving lien right to the city if there is lack of the maintenance shall be submitted to the
city as part of the documentation requirements of§ 154.661(3)for an open space PUD
Final Plan.
Page 11 of 27
(2) Septic System Design Standards
(a) In General
The placement and design of all septic systems Shall conform to the requirements of - Commented[BGA35]:Septic language now refers to
Washington County. Washington County as they oversee the City's on-site
systems&permitting.
(b) Individual Septic Drain fields
(Sites for individual septic drain fields,both primary and secondary,must be located
entirely within each lot and cannot be located within any easement. - Commented[BGA36]:This new requirements would
mandate that all individual septic systems be located on
(c) Communal Drain Fields. private property.
(i) Communal drain fields)maybe partially or completely located in an area designated as Commented[BGA37]:Existing language regarding
preserved open space provided the ground cover is restored to its natural condition wetland treatment systems has been eliminated as directed
by the City Council. The new ordinance will be silent on
after installation, and recreational uses are prohibited above or within 50 feet of such systems,and Engineering will be asked for guidance if
communal drain fields or as approved by the City Engineer. such a system is proposed in the future.
(ii) Communal drain fields, if installed, shall be professionally maintained, and are
acceptable once legally sufficient documentation has been provided by the developer
to ensure such maintenance will continue in perpetuity.
(3) Building Standards
(a) Principal structures within open space planned unit developments shall not exceed 2 and
'/2 stories or 35 feet in height.
(b) (Accessory structures within open space planned unit developments shall not exceed 22
feet in height. Commented[BGA38]:The Planning Commission
questioned whether we should specifically exclude historic
(c) It is desired that the structures within neighborhoods convey a particular architectural structures from this requirement. Both staff and the City
style with similar building components,materials,roof pitches. The PUD Overlay Council agree that no such exclusion is necessary. Historic
structures taller than 22 feet would be legal nonconforming
ordinance crafted for each individual development should establish minimum structures subject to protections of State statute.
architectural standards for the neighborhood.
(d) All wells shall be located a minimum of fifty(50)feet from septic tanks and septic fields. .; Commented[BGA39]:Upon further consideration,this
seems to be the most appropriate location for the well&
(4) (Landscaping Standards septic separation requirement.
(a) A landscape plan for the entire site is required and shall consist of at least 10 trees per Commented[BGA40]:As directed,the optional
landscaping standards staff offered for consideration have
building site;and trees shall not be not less than 1.5 inch in caliper measured at 54 inches been eliminated in favor of the existing standards.
above grade level.
(b) Boulevard landscaping is required along all streets to consist of at least 1 tree per every
30 feet or placed in clusters at the same ratio.
Page 12 of 27
(5) Impervious Surface Standards j'" Commented[BGA41]:Staff did not recommend changes
to the existing language as it seemingly has been working.
The maximum impervious surface allowable within an open space planned unit development This should be monitored though and updated if problems
shall be 20%of the land area not dedicated as preserved open space subject to the following: are encountered.
(a) Impervious surfaces created by roads,trails,and other planned impervious improvements
shall count against the maximum allowed impervious coverage.
(b) Remaining allowed impervious surface acreage may be distributed between the planned
building sites,and maximums for each lot shall be clearly documented within the overlay
district ordinance governing the development.
(c) On individual lots,areas covered by pervious pavers or comparable systems may receive
a 25%credit against the lot's hardcover if the system is installed consistent with the City
of Lake Elmo Engineering Standards Manual,and adequate storm water mitigation
measures(as may be necessary)are installed to mitigate potential runoff created by the Commented[BGA42]:The"pathway"standards that are
additional coverage above the allowed impervious surface threshold. All such credits currently lumped into a single paragraph are now broken
shall be at the discretion of the City Engineer. apart in this new ordinance. We are not recommending
incorporation of specific standards as the City should rely on
(6) Trail Standards its standard engineering plates to identify how trails will fit
into available roadway designs.
A trail system or sidewalks shall be established within open space planned unit developments Commented[BGA43]:From current Section
in accordance with the following: /% 150.180(B)(2)(f),sentence 3
(a) I he linear footage of trails provided shall be at least equal in length to the sum of the / Commented[BGA44]:From current section
centerline lengthof all public roads within the develo ment. 150.180(B)(2)(f),sentence 4
P p � ;�
Commented[BGA45]:From current Section
(b) All trails shall be constructed of asphalt or concrete in compliance with the standard city % 150.180(B)(2)(f),sentence 1
design plate for trails. ',/ Commented[BGA46]:From current Section
(c) Proposed trails shall provide connections between and access to the buildable land areas 150.180(B)(2)(f),sentence 1
and preserved open space land being created by the development. Commented[BGA47]:From current Section
150.180(B)(2)(f),sentence 2
(d) Proposed trails shall connect to existing,planned,or anticipated trails or roads on j Commented[BGA48]:When the Zoning code is
adjacent parcels. J eventually reorganized,this Section will likely be relocated
to a more appropriate location in Chapter 154,but for now it
(e) If applicable,trails shall be linked(or be designed to provide a future link)to the"Old is included here.
Village"to emphasize the connection between existing and new development. Commented[BGA49]:This section lists the questions the
City will ask when reviewing these types of developments.
/
These criteria have been updated since the last review b j P Y
§154.659 Reserved) I Council in response to the super-majority vote for deviations
{ being removed.
/ Rather than keeping such decision-making open-ended,we
§154.660 (OPEN SPACE PUD REVIEW CRITERIA are proposing a set of criteria(in subdivision 3)by which
The following findings shall be made by the City Council prior to approval of a new or amended open space Council may judge proposed deviations.
planned unit development: By including a framework for decision making on
deviations,we eliminate some of the subjectivity that can
(1) The proposed development is consistent with the goals, objectives, and policies of the arise as PUDs are reviewed. Additional criteria can be added
Comprehensive Plan. as Council may see fit.
We have also added subdivision 4 which introduces a new
(2) All prerequisites for an open space PUD as outlined in§ 154.655 are met. review criteria requiring that phased developments result in
pieces that can stand-alone should the development go belly-
up prior to completion.
Page 13 of 27
(3) All open space PUD design standards (as outlined in § 154.657) and all open space
development standards(as outlined in§ 154.658)are met;or if deviations are proposed,that
all such deviations are supported because they achieve the following three(3)goals: ...... �devtiation
mented[BGA50]:As r
ll three of the sub-criteria
(a) The deviation(s)allow for higher Iquality building and site design that will enhance
aesthetics of the site; Commented[BGA51]:The
this criteria as requested
(b) The deviation(s)help to create a more unified environment within the project boundaries
Commented[BGA52]:
by ensuring one or more of the following:architectural compatibility of all structures, this criteria as requested
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 PROCEDUREI Commented[BGA53]:This lengthy section outlines the
process to be used to review open space PUDs from
All requests to establish an open space Planned Unit Development shall be initiated by following the beginning to end. In general,this current draft follows the
steps below. standard City platting process with specific PUD
requirements thrown in.
(1) Open Space PUD Sketch Plan Boiled down to its core,the review will require a sketch plan
(a)Purpose proposal,a preliminary plan,and then a final plan. The
developer open houses considered at the beginning of this
The open space PUD Sketch Plan is the first step in the development process which gives process have been eliminated.
the applicant an opportunity to present their ideas to the City Council and public so as to
gain general feedback on areas that will require additional analysis,study,design,
changes,etc. Feedback gained during the open space PUD Sketch Plan phase should be
addressed within the subsequent PUD Preliminary Plan.
(b)Specific open space PUD Sketch Plan Submittal Requirements
Except as may be waived by the Director of Planning,the following information shall
constitute a complete application for an open space PUD Sketch Plan.
(i) A listing of contact information including name(s),address(es)and phone number(s)
of.the owner of record,authorized agents or representatives,engineer,surveyor,and
any other relevant associates;
(ii) A listing of the following site data: Address,current zoning,parcel size in acres and
square feet and current legal description(s);
(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.
Page 14 of 27
(iv) A listing of general information including the following:
1. Number of proposed residential units.
2. Calculation of the proposed density of the project showing compliance with§
154.657(A).
3. A listing of all proposed land uses(i.e.preserved open space,buildable sites,
parkland,etc).
4. Square footages of land dedicated to each proposed land use.
(v) An existing conditions exhibit,including topography,that identifies the location of
the following environmental features along with calculations(in acres)for each:
1. Gross site acreage;
2. Existing wetlands;
3. Existing woodlands;
4. Areas with slopes greater than 12%,but less than 25%;
5. Areas with slopes of 25%or greater;
6. Woodlands;
7. Other pertinent land cover(s).
(A) An open space PUD Sketch Plan illustrating the nature of the proposed development.
At a minimum,the plan should show:
1. Existing zoning district(s)on the subject land and all adjacent parcels;
2. Layout of proposed lots and proposed uses denoting Outlots planned for public
dedication and/or preserved open space;
3. Area calculations for each parcel;
4. General location of wetlands and/or watercourses over the property and within
200 feet of the perimeter of the subdivision parcel;
5. Location of existing and proposed streets within and immediately adjacent to the
subdivision parcel;
6. Proposed sidewalks and trails;
7. Proposed parking areas;
8. General location of wooded areas or significant features(environmental,
historical,cultural)of the parcel;
9. Location of utility systems that will serve the property;
10. Calculations for the following:
a. Gross land area(in acres);
Page 15 of 27
b. Number of proposed residential units.
c. Proposed density of the project showing compliance with§ 154.657(A).
d. Acreage&square footage of land dedicated to each proposed land use(i.e.
preserved open space,buildable sites,parkland,etc).
e. Acreage&square footage of land proposed for public road right-of-way;
f. Acreage&square footage of land dedicated to drainage ways and 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. Opon receiving an open space PUD Sketch Plan proposal,the City shall schedule
a date upon which the Planning Commission will review the proposal. Commented[BGA54]:The need for a sketch plan public
hearing before the Planning Commission was eliminated by
2. Upon completing their review,the Planning Commission shall adopt findings and the City Council.
recommendations on the proposed open space PUD as soon as practical.
3. The Director of Planning may forward an application to the City Council without
a recommendation from the Planning Commission only if it is deemed necessary
to ensure compliance with state mandated deadlines for application review.
Page 16 of 27
(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. I fter 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
applications. Commented[BGA55]:
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. ;- Commented[BGA56]:Under this process,Council would
take individual votes on each modification proposed by the
(d) �ffect of a PUD Sketch Plan Revie�................................................................................................................................................................................................................................................... applicant. Approval at this stage ONLY authorizes the
applicant to make the request at the Preliminary stage;it
(i) The City Council and Planning Commission's comments during the PUD Sketch does NOT grant any rights to the modification. Again,
Plan review are explicitly not an approval or denial of the project,and are intended modifications can only be pursued IF Council allows such
via a super majority vote.
only to provide information for the applicant to consider prior to application for an
Commented[BGA57]:This subsection clarifies
open space PUD Preliminary Plan. EXACTLY what a developer gets as a result of the sketch
(ii) Proposed modifications that receive a majority vote of support from Council may be plan process.
requested as part of the future PUD Preliminary Plan application,but support to
pursue the modification as part of the PUD Sketch Plan in no way guarantees that the
modification will be approved as part of the PUD Preliminary Plan.
(e) .imitation of Approval ;- Commented[BGA58]:Sketch Plan reviews may remain
valid for up to 1.5 years.
The City Council's review of an open space PUD Sketch Plan shall remain valid for a
period of six(6)months. The City Council,in its sole discretion,may extend the validity
of their findings for an additional year.
(2) PUD Preliminary Plan
(a) (Prerequisite Commented[BGA59]:The City will not accept a
preliminary plan application unless a valid sketch plan is in
No application for an open space PUD Preliminary Plan will be accepted unless an place. Fhis language was reworded per t�
applicant's proposal is distinctly similar to one reviewed in the completed the open space �sion's recommendations.
PUD Sketch Plan review process which is valid upon the date of application.
(b) PUD Preliminary Plan Submittal Requirements
Except as may be waived by the Director of Planning,the following information shall
constitute a complete application for an open space PUD Preliminary Plan.
(i) All required information for a preliminary plat per Chapter 1102,§ 1102.01(C)and§
1102.02.
Page 17 of 27
(ii) A separate open space PUD Preliminary Plan which includes the following
information:
1. Administrative information(including identification of the drawing as an"Open
Space PUD Preliminary Plan,"the proposed name of the project,contact
information for the developer and individual preparing the plan,signature of the
surveyor and civil engineer certifying the document,date of plan preparation or
revision,and a graphic scale and north arrow);
2. Area calculations for gross land area,wetland areas,right-of-way dedications,
and proposed public and private parks or open space;
3. Existing zoning district(s)on the subject land and all adjacent parcels;
4. Layout of proposed lots with future lot and block numbers. The perimeter
boundary line of the subdivision should be distinguishable from the other
property lines. Denote Outlots planned for public dedication and/or open space
(schools,parks,etc.);
5. The location of proposed septic disposal area(s);
6. Area calculations for each parcel;
7. Proposed setbacks on each lot(forming the building pad)and calculated
buildable area;
8. Proposed gross hardcover allowance per lot(if applicable);
9. Existing contours at intervals of two feet. Contours must extend a minimum of
200 feet beyond the boundary of the parcel(s)in question;
10. Delineation of wetlands and/or watercourses over the property;
11. Delineation of the ordinary high water levels of all water bodies;
12. Location,width,and names of existing and proposed streets within and
immediately adjacent to the subdivision parcel;
13. Easements and rights-of-way within or adjacent to the subdivision parcel(s);
14. The location and orientation of proposed buildings;
15. Proposed sidewalks and trails;
16. Vehicular circulation system showing location and dimension for all driveways,
parking spaces,parking lot aisles,service roads,loading areas,fire lanes,
emergency access,if necessary,public and private streets,alleys,sidewalks,bike
paths,direction of traffic flow and traffic control devices;
17. Lighting location,style and mounting and light distribution plan.
18. Proposed parks,common areas,and preservation easements(indicate public vs.
private if applicable);
19. Location,access and screening detail of large trash handling and recycling
collection areas
Page 18 of 27
(iii) Proposed architectural theming and performance standards for the development; Commented[BGA60]:The Planning Commission
clarified this subsection by eliminating the need for cm
(iv) A grading drainage and erosion control plan prepared by a registered professional renderings,and changing"architectural performance
engineer providing all information as required by Public Works,the City Engineer, standards"to"architectural theming and performance
standards..."
and/or the Director of Planning;
(v) A utility plan providing all information as required by Public Works,the City
Engineer,and/or the Director of Planning;
(vi) Results of deep soil test pits and percolation tests,at the rate of no fewer than 2
successful test results for each proposed septic disposal area;
(vii) The location and detail of signage providing all pertinent information necessary to
determine compliance with§ 154.212;
(viii) A tree preservation plan as required by§ 154.257;
(ix) A landscape plan,including preliminary sketches of how the landscaping will look,
prepared by a qualified professional providing all information outlined in§ 154.258;
(x) A traffic study containing,at a minimum,the total and peak hour trip generation from
the site at full development,and the effect of such traffic on the level of service of
nearby and adjacent streets,intersections,and total parking requirements;
(xi) A plan sheet or narrative clearly delineating all features being modified from
standard open space PUD regulations;
(xii) Common Interest Community Association documents including bylaws,deed
restrictions,covenants,and proposed conservation easements.
(xiii) Any other information as directed by the Director of Planning.
(c) PUD Preliminary Plan Review
(1) As part of the review process for an open space PUD Preliminary Plan,the Director
of Planning shall generate an analysis of the proposal against the expectations for
PUDs,and make a recommendation regarding the proposed overlay district for
Planning Commission and City Council consideration.
(ii) The Director of Planning shall prepare a draft ordinance to establish the potential
overlay district�.o be established as a component of the PUD Final Plan. - Commented[BGA611:Rather than allowing the applicant
to draft an overlay district,we are proposing that staff begin
(iii) The Planning Commission shall hold a public hearing and consider the application's the process at preliminary plan. The cost for this work will
consistency with the goals for PUDs,the PUD review criteria,and applicable need to be incorporated into the fee for a Preliminary Plan
application.
comprehensive plan goals. The Planning Commission shall make recommendations
to the City Council on the merit,needed changes,and suggested conditions to impose Note that staff will ONLY be creating a draft now for
feedback and direction. The actual code language will be
on the PUD. reviewed during the Final Plan phase.
(iv) In approving or denying the PUD Preliminary Plan,the City Council shall make
findings on the PUD review criteria outlined in§ 154.660.
Page 19 of 27
(v) As a condition of PUD Preliminary Plan approval;finalization,adoption,and
publication of an overlay district ordinance shall need to occur prior to the filing of
any future final plat.
(d) Effect of a PUD Preliminary Plan Reviev� Commented[BGA62]:This subsection clarifies
EXACTLY what a developer gets as a result of the
Preliminary Plan approval governs the preparation of the PUD Final Plan which must be Preliminary Plan process.
submitted for final approval in accordance with the requirements of this Article.
(e) Limitation of Approval( — Commented[BGA63]:Preliminary Plan approvals may
remain valid for up to 2.0 years.
The City Council's review of an open space PUD Preliminary Plan shall remain valid for
a period of one(1)year. The City Council,in its sole discretion,may extend the validity
of their findings for an additional year.
(3) PUD Final Plan
(a) Application Deadlin� ;- Commented[BGA64]:To ensure the process continues to
move forward,we are recommending a 90 day time-frame in
Application for an open space PUD Final Plan shall be submitted for approval within which the final plan application must be submitted.
ninety(90)days of City Council approval of the open space PUD Preliminary Plan unless
a written request for a time extension is submitted by the applicant and approved by the
City Council.
(b) PUD Final Plan Submittal Requirements
Except as may be waived by the Director of Planning,the following information shall
constitute a complete application for an open space PUD Final Plan.
(i) All required information for a final plat per City Code§ 153.08;
(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.
(]]i) Any deed restrictions,covenants,agreements,and articles of incorporation and
bylaws of any proposed homeowners'association or other documents or contracts
which control the use or maintenance of property covered by the PUD.
(iv) A final staging plan,if staging is proposed,indicating the geographical sequence and
timing of development,including the estimated start and completion date for each
stage.
(v) Up-to-date title evidence for the subject property in a form acceptable to the Director
of Planning.
(vi) Warranty deeds for Property being dedicated to the City for all parks,Outlots,etc.,
free from all liens and encumbrances.
Page 20 of 27
(vii) 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 ;- Commented[BGA65]:Easement creation to enforce
the easement by existing encumbrancers of the property. wired buffers was eliminated from this subsection.
(viii) Any other information deemed necessary by the Director of Planning to fully present
the intention and character of the open space PUD.
(ix) If certain land areas or structures within the open space PUD are designated for
recreational use,public plazas,open areas or service facilities,the owner of such land
and buildings shall provide a plan to the city that ensures the continued operation and
maintenance of such areas or facilities in a manner suitable to the city.
(c) PUD Final Plan Review
(i) The Director of Planning shall generate an analysis of the final documents against the
conditions of the open space PUD Preliminary Plan approval,and make a
recommendation as to whether all conditions have been met or if additional changes
are needed.
(ii) Staff should once again identify any information submittals that were waived so
Council may determine if such is needed prior to making a final decision.
(iii) The Director of Planning shall finalize the ordinance to establish the proposed
overlay district for consideration by the Planning Commission and City Council.
(iv) The Planning Commission shall hold a public hearing bn the proposed Overlay Commented[BGA66]:Unlike most platting processes,we
District ordinance and open Space Final PUD Plans,and shall submit a must hold a public hearing at this point in the process as theCity must adopt the final ordinance language that will govern
recommendation to the City Council for consideration. Because an open space PUD the PUD.
Preliminary Plan was previously approved,the Planning Commission's
recommendation shall only focus on whether the Ordinance and open space PUD
Final Plan are in substantial compliance with the open space PUD Preliminary Plan
and the required conditions of approval.
(v) The City Council shall then consider the recommendations of the Director of
Planning,the public,and the Planning Commission;and make a decision of approval
or denial,in whole or in part,on the open space PUD Final Plan. A denial shall only
be based on findings that an open space PUD Final Plan is not in substantial
compliance with the approved open space PUD Preliminary Plan and/or the required
conditions of approval.
(vi) As a condition of PUD Final Plan approval,publication of the overlay district
ordinance shall be required prior to filing of the approved final plat.
(vii) Planned Unit Development Agreement.
1. At its sole discretion,the City may as a condition of approval,require the owner
and developer of the proposed open space PUD to execute a development
agreement which may include but not be limited to all requirements of the open
space PUD Final Plan.
Page 21 of 27
2. The development agreement may require the developers to provide an
irrevocable letter of credit in favor of the City. The letter of credit shall be
provided by a financial institution licensed in the state and acceptable to the City.
The City may require that certain provisions and conditions of the development
agreement be stated in the letter of credit. The letter of credit shall be in an
amount sufficient to ensure the provision or development of improvement called
for by the development agreement.
(viii) As directed by the City,documents related to the PUD shall be recorded against the
property.
(d) Time Limi� -- Commented[BGA67]:Greater specificity was added to
this section to state that Council may approve extensions"of
(i) A Planned Unit Development shall be validated by the applicant through the up to one(1)year."
commencement of construction or establishment of the authorized use(s),subject to
the permit requirements of this Code,in support of the Planned Unit Development
within one(1)year of the date of open space PUD Final Plan approval. Failure to
meet this deadline shall render the open space PUD Final Plan approval void.
Notwithstanding this time limitation,the City Council may approve extensions for
validation of up to one(1)year if requested in writing by the applicant;extension
requests shall be submitted to the Director of Planning and shall identify the reason(s)
why the extension is necessary along with an anticipated timeline for validation of
the Planned Unit Development.
(ii) An application to reinstate an open space PUD that was voided for not meeting the
required time limit shall be administered in the same manner as a new open space
PUD beginning at open space PUD Preliminary Plan.
§154.662 (OPEN SPACE PUD AMENDMENTS Commented[BGA68]:This section will deal with how the
City will process amendments to both open space PUDs and
Approved open space PUDs may be amended from time to time as a result of unforeseen circumstances, existing OP developments.
overlooked opportunities,or requests from a developer or neighborhood. At such a time,the applicant shall
make an application to the city for an open space PUD amendment.
(A) Amendments to Existing Open Space PUD Overlay District(s)
Amendments to an approved open space PUD Overlay district shall be processed as one of the
following:
(1) Administrative Amendment{ Commented[BGA69]:qllRWge was updated since
The Director of Planning may approve minor changes if such changes are required by the last meeting to remove language that was deemed
unnecessary such as changes to building height.
engineering or other circumstances,provided the changes conform to the approved overlay
district intent and are consistent with all requirements of the open space PUD ordinance.
Under no circumstances shall an administrative amendment allow additional lots,or changes
to designated uses established as part of the PUD. An Administrative Amendment shall be
memorialized via letter signed by the Planning Director and recorded against the PUD
property.
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(2) Ordinance Amendment
A PUD change requiring a text update to the adopted open space PUD overlay district
language shall be administered in accordance with adopted regulations for zoning code
changes in§ 154.105. Ordinance amendments shall be limited to changes that are deemed by
the Director of Planning to be consistent with the intent of the original open space PUD
approval,but are technically necessary due to construction of the adopted overlay district
language.
(3) PUD Amendment
Any change not qualifying for an administrative amendment or an Ordinance amendment
shall require an open space PUD amendment. An application to amend an open space PUD
shall be administered in the same manner as that required for a new PUD beginning at open
space PUD Preliminary Plan.
(B) I re-existing OP Developments ;- Commented[BGA70]:This section was updated for the
July meeting to address how the City will deal with existing
(1) Pre-existing OP developments authorized prior to[date this ordinance is effective]shall OP developments.
continue to be governed per the original conditions of approval until the OP development is
cancelled by the City,or the OP development is converted to an open space PUD overlay
district.
(2) An application to amend an existing OP development shall require the development to be
converted into an open space PUD beginning at open space PUD Preliminary Plan.
(a) Replatting of lots will only be required if the Director of Planning determines such is
necessary to implement the requested change.
(b) The resulting overlay zoning district shall be applied to all properties within the OP
development being amended.
§154.663 OUD CANCELLATION ;- Commented[BGA71]:This section outlines the process
for cancelling a previous PUD approval.
An open space PUD shall only be cancelled and revoked upon the City Council adopting an ordinance
rescinding the overlay district establishing the PUD. Cancellation of a PUD shall include findings that
demonstrate that the PUD is no longer necessary due to changes in local regulations over time; is
inconsistent with the Comprehensive Plan or other application land use regulations;threatens public safety,
health,or welfare;or other applicable findings in accordance with law.
§154.664 IADMINISTRATIOTI Commented[BGA72]:This section includes some final
rules and regulations deemed important by staff.
In general,the following rules shall apply to all open space PUDs:
(A) Rules and regulations
No requirement outlined in the open space PUD review process shall restrict the City Council from
taking action on an application if necessary to meet state mandated time deadlines;
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(B) Preconstruction
No building permit shall be granted for any building on land for which an open space PUD plan is
in the process of review,unless the proposed building is allowed under the existing zoning and will
not impact,influence,or interfere with the proposed open space PUD plan.
(C) Effect on Conveyed Property
In the event that any real property in an approved open space PUD is conveyed in total,or in part,
the new owners thereof shall be bound by the provisions of the approved overlay district.
SECTION 5. The City Council of the City of Lake Elmo hereby amends Title XV:Land , - Commented[BGA73]:Section 5 of this ordinance
Usage;Chapter 154:Zoning Code,Article III:ZONING DISTRICTS,Section 154.035 OP- eliminates language within the zoning ordinance that
references the old codes in Chapter 150,and provides a
Open Space Preservation District as follows: home for all of the specialized setback requirements for
existing OP developments.
§154.035 OP—OPEN SPACE PRESERVATION DISTRICT.
i50489.
(A) OP District Discontinued
Provisions regulating the OP Open Space Preservation District were repealed and replaced with the
regulations now in Article XVL•Open Space Planned Unit Developments.
(B) Buffer Setbacks In OP Developments
Buffer setbacks shall be applied from the edge of the existingopen pen space preservation developments
as follows.
Buffer Setbacks in OP Developments(in feet)
North Exception
Edge South Edge West Edge East Edge Parcel(s)
St.Croix's Sanctuary 200 50 50 100
Discover Crossing 200 100 50 100
Whistling Valley I 25 200 N/A N/A
Whistling Valley lI 25 100 85 N/A
Whistling Valley 111 50 100 100 N/A
Farms of Lake Elmo 100 50 100 25
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Prairie Hamlet 200 50 50 100
Fields of St.Croix I 50 N/A 200 100
Fields of St.Croix lI N/A 200 200 N/A N/A
The Homestead 50 50 200 50
Tapestry at Charlotte's Grove 50 50 200 50 100
Tamarack Farm Estates 100 100 100 100
Sunfish Ponds 100 100 100 200
Hamlet on Sunfish Lake 50 100 50 50
Cardinal Ridge 100 200 50 50
Wildflower Shoves 100 200 100 200
Heritage Farms 50 N/A N/A 50 N/A
Tana Ridge(Res.2009-033) N/A N/A 50 50
Parkview Estates(Res.2009-033) 50;except
Lot 9, N/A N/A 50
Block 5 use
20 ft
SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV:Land - commented[BGA74]:The final section of this ordinance
Usage;Chapter 154:Zoning Code,Section 154.036 as follows: would add"Open Space Development Overlay District"to
the general list of zoning overlay districts found in code.
§154.036 OZD-OVERLAY ZONING USE DISTRICT.
The following overlay districts are designed to promote orderly development or to protect some
specific sensitive natural resources. These district regulations are in addition to,rather than in
lieu of,regulations imposed by the existing basic zoning use districts. These districts are defined
and established as follows:
A. Flood Plain—See§§ 151.01 through 151.14 of this Code;
B. Restrictive Soils Overlay District—See§§ 150.200 through 150.203 of this Code;
C. Wetland Protection and Preservation Overlay District—See§§ 150.215 through 150.219
of this Code;
D. Shoreland District—See§§ 158.30154.800 of this Code;
E. Interstate Corridor Overlay District— See§§ 150.230 through 150.238 of this Code;and
F_Airport(reserved} and
1%G. Open Space Development Overlay District—See§§ 150.175 through 150.190 of this Formatted:Tab stops: 0.63",Left+Not at 0.38"
Code
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SECTION 7. The City Council of the City of Lake Elmo hereby amends Title XV:Land
Usage;Chapter 154:Zoning Code,Section 154.350 as follows:
§154.350 DIVISION INTO DISTRICTS.
A. All Areas Zoned.The incorporated areas of Lake Elmo are hereby divided into the
following zoning districts:
Table 8-1:Zoning Districts
Zoning District Reference
2 One and Two Family Residential 154.033
GB General Business 154.034
Agriculture 154.400 Article XI
RR Rural Residential 154.400 Article XI
RT Rural Development Transitional 1-54.400 Article XI
S Rural Single Family 154 400 Article XI
RE Residential Estate 154.400 Article X1
OP Open Spaee Presen,atien 150.175
DR Urban Low Density Residential 144 430 Article XII
DR Urban Medium Density Residential 154.450 Article XII
DR Urban High Density Residential 154.450 Article XII
MX Village Center-Mixed Use 144309 Article XITI
C Commercial 154.550 Article XIV
C Convenience Commercial 144 44P Article XIV
C Neighborhood Office/Limited Commercial 154 550 Article XIV
P Business Park/Light Manufacturing 154.550 Article XIV
PF Public Facilities 144600 Article XV
144 600
154.700
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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.
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