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Home My WebLink About#16 OP Amendment 10.04.16MAYOR AND COUNCIL COMMUNICATION DATE: 10/4/2016 REGULAR ITEM #: 16 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: This Ordinance Amendment was tabled at the 9/20 City Council meeting in order for Staff to reinsert the 4/5 vote requirement for deviations from the OP requirement and to add an additional item to, Section 154.651, Intent, adding: (F) To preserve large contiguous open spaces. Staff has provided, for Council review, the new ordinance text as discussed above and the version of the ordinance from 9/20 for comparison purposes. Staff and the Planning Commission are requesting that the Council approve the ordinance amendment with the following 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” AMENDMENT CLARIFICATION: At the 9/20 Council meeting, the question was raised about the allowed density in the new OP Ordinance. As stated during the meeting, the language related to allowed density in new ordinance is the same as in the City’s existing OP Ordinance. That density language is tied to the Comprehensive Plan language and limits density to 18 units per 40 acres of buildable area. What has changed, which may be causing the confusion, is the language related to required open space. The existing OP Ordinance requires 50% of the buildable land be preserved open space. The proposed OP Ordinance requires 50% of the gross acreage be preserved open space. This won’t have an impact on the number of lots, but may have an impact on the quality of the open space or size of the building lots. It will certainly make the OP Ordinance more flexible, which was a goal of the proposed ordinance. City Council Meeting [Regular Agenda Item __ October 4, 2016 --Page 2-- RECOMMENDATION: Staff and the Planning Commission recommend: 1) approval of Ordinance 08-__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-__ 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” ATTACHMENTS:  Ordinance 08-152 Updating the OP Regulations with 4/5 requirement  Ordinance 08-152 Updating the OP Regulations as presented on 9/20/16  July 25, 2016 Planning Commission Minutes  Planning Commission Packet - 8/22/16  Resolution 2016-75 for Summary Publication of the Ordinance Page 1 of 27 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 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. (F) To preserve large contiguous open spaces. § 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]: Added as requested Commented [BGA9]: 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 [BGA10]: This section simply outlines how a landowner can begin the open space PUD process. Commented [BGA11]: 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 [BGA12]: 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 [BGA13]: 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 [BGA14]: 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 for consideration by the City Council via a super-majority vote at the time of PUD Sketch Plan review. Authorization of such modifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s), but rather as an authorization to present such modifications as a component of the plan during the PUD Preliminary Plan review. (A) Density The maximum dwelling unit density within an open space planned unit development shall be 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 [BGA15]: 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 [BGA16]: The super-majority requirement has been restored. As has been the case in all drafts to date, the decisions during sketch plan (regardless of whether a supermajority is needed or not) are a vote to authorize the request of specific deviations during Preliminary Plan. Once Council has authorized an applicant to request a deviation, it is then treated like any other variation within a PUD. No subsequent super-majority votes would be needed. Commented [BGA17]: 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 [BGA18]: 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 [BGA19]: 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 [BGA20]: 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 [BGA21]: 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 [BGA22]: 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 [BGA23]: 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 [BGA24]: 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 [BGA25]: 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 [BGA26]: 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 [BGA27]: 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 [BGA28]: 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 [BGA29]: 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 [BGA30]: 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 [BGA31]: 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 for consideration by the City Council via a super-majority vote at the time of PUD Sketch Plan review. Authorization of such modifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s), but rather as an authorization to present such modifications as a component of the plan during the PUD Preliminary Plan review. (1) Preserved Open Space Standards (a) 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 [BGA32]: 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 [BGA33]: Because this is a new section, we again must state that a super-majority vote is needed to authorize modifications during Sketch Plan review. Commented [BGA34]: 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 [BGA35]: Septic language now refers to Washington County as they oversee the City's on-site systems & permitting. Commented [BGA36]: This new requirements would mandate that all individual septic systems be located on private property. Commented [BGA37]: 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 [BGA38]: 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 [BGA39]: Upon further consideration, this seems to be the most appropriate location for the well & septic separation requirement. Commented [BGA40]: 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 [BGA41]: 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 [BGA42]: 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 [BGA43]: From current Section 150.180(B)(2)(f), sentence 3 Commented [BGA44]: From current Section 150.180(B)(2)(f), sentence 4 Commented [BGA45]: From current Section 150.180(B)(2)(f), sentence 1 Commented [BGA46]: From current Section 150.180(B)(2)(f), sentence 1 Commented [BGA47]: From current Section 150.180(B)(2)(f), sentence 2 Commented [BGA48]: 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 [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 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 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. Commented [BGA50]: As requested, we have clarified that all three of the sub-criteria must be met to approval a deviation Commented [BGA51]: The word “higher” was added to this criteria as requested Commented [BGA52]: The word “more” was added to this criteria as requested Commented [BGA53]: 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 [BGA54]: 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 guarantees 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 [BGA55]: A stray reference to the former public hearing requirement was removed from this subsection. Commented [BGA56]: 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 [BGA57]: This subsection clarifies EXACTLY what a developer gets as a result of the sketch plan process. Commented [BGA58]: Sketch Plan reviews may remain valid for up to 1.5 years. Commented [BGA59]: 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 [BGA60]: 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 [BGA61]: 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 [BGA62]: This subsection clarifies EXACTLY what a developer gets as a result of the Preliminary Plan process. Commented [BGA63]: Preliminary Plan approvals may remain valid for up to 2.0 years. Commented [BGA64]: 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 [BGA65]: Easement creation to enforce required buffers was eliminated from this subsection. Commented [BGA66]: 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 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) 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 [BGA67]: Greater specificity was added to this section to state that Council may approve extensions “of up to one (1) year.” Commented [BGA68]: This section will deal with how the City will process amendments to both open space PUDs and existing OP developments. Commented [BGA69]: 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 [BGA70]: This section was updated for the July meeting to address how the City will deal with existing OP developments. Commented [BGA71]: This section outlines the process for cancelling a previous PUD approval. Commented [BGA72]: 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 [BGA73]: 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 [BGA74]: 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. MAYOR 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 2 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. 3 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 4 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 5 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. 6 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. 7 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 Page 14 of 26 (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. Page 15 of 26 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; Page 16 of 26 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 Page 17 of 26 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; Page 18 of 26 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 Page 19 of 26 (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 Page 20 of 26 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 Page 21 of 26 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) Page 22 of 26 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) Page 24 of 26 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 Page 26 of 26 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.