HomeMy WebLinkAbout#19 - PUD Ordinance Update STAFF REPORT
DATE: 8/21/2018
REGULAR
ITEM #: 19
TO: City Council
FROM: Emily Becker, Planning Director
AGENDA ITEM: Planned Unit Development Ordinance Update
REVIEWED BY: Ben Gozola, Consulting Planner
BACKGROUND:
In October of 2016, the City approved a revision to the Open Space Development regulations changing
the process for such developments from a conditional use permit process to a more appropriate planned
unit development (PUD) process. The changes were a specific to open space development regulations,
however, Staff believes the new PUD approval process is superior to that within the City’s current PUD
regulations. When the open space PUD regulations were approved, Staff was given direction by the
Commission to proceed with updating our existing PUD regulations so that the processes would be
consistent between both PUD ordinances. As such, amendments to the City’s PUD ordinance was an
item on the Planning Commission’s 2017 and 2018 Work Plan.
ISSUE BEFORE THE COUNCIL:
The Council is being asked to consider adoption of an ordinance making amendments to the City’s PUD
ordinance.
PROPOSAL DETAILS/ANALYSIS:
The proposed update to the City’s PUD Ordinance is intended to improve the application process and to
make it consistent with the City’s recently approved Open Space Development PUD Ordinance.
The draft changes include:
• Making text changes to better describe the ordinance as regulating developments with overlay
district, meaning that the regulations are over the underlying base zoning district regulations.
• Clarifies intent and outlines basis for denial.
• 154.751; PUD Objectives. At that last meeting at which the draft changes were proposed, the
Commission had asked that Staff research how other Cities approach the PUD objectives. There
was concern that requiring that developers only meet one of the objectives. Generally, other cities
simply state these objectives as goals within their ordinance and don’t necessarily require
developers to meet a certain number of the requirements.
City Council Meeting Item #
August 21, 2018
2
• 154.752; allows uses to be conditional or interim if needed.
• 154.752; changes strikes reference to uses approved, rather refers to the PUD plans which codify
uses, design and other regulatory requirements as needed.
• 154.752 (C); removes references to floor area ratios (FARs). These are defined in Chapter 11,
however, the Zoning Code sets forth standards for impervious surface, not maximum gross floor
area/floor area ratio. Therefore, it’s difficult to deduce what would be the maximum allowed floor
area ratio for a zoning district and therefore hard to allow an increase. Alternative language was
drafted to allow an increase in impervious surface in order to allow for more intense
development.
• 154.752 (D); fixes reference by referencing Table 16-2
• 154.752 (G); fixes reference.
• 154.752 (H); allows flexibility in landscaping requirements.
• 154.753 (A); changes text to say “development area”, rather than “lot area”. Removed the
minimum acreage requirement for PUDs. For PUD requests on tracts greater than 5 acres in size a
sketch plan is required for review by the Planning Commission to determine if a PUD meets
criteria to move forward. For lots less than five acres, the sketch plan is optional, and the
Planning Director makes the determination if the project meets the criteria to move forward.
• 154.753 (B); removes requirements that open space be available to surrounding neighborhoods.
• 154.754; removes table, as the table seems to indicate that density may only be increased
incrementally by 5%.
• 154.754 (B); allows partial points to be awarded for amenities if the City finds it is warranted.
• Table 16-2: Amenity Points;
o Contained parking and pedestrian improvements were removed from the amenity points
section, as these are items that are already required within a development and should not
warrant amenity points. Additionally, providing housing affordable to households at or
below the median population was added as an amenity point.
o The criteria for natural resources was amended because preservation of natural features
and/or restoration of ecological functions is already a requirement of development. The
criteria would require measures beyond that required. The draft 2040 Comprehensive Plan
is clear that natural features should be protected and that the city should encourages the
City to protect natural resources.
o Affordable housing was added as an amenity. It is a goal within the draft 2040
Comprehensive Plan to provide opportunities within the urbanizing areas to accommodate
and develop housing that may be more affordable and desirable to younger and senior
population.
• 154.756 Phasing and Guarantee of Performance; this section is stricken. The phasing is typically
addressed in the developer agreement.
• 154.757 Control of PUD Following completion; this section is stricken as new section 154.757
City Council Meeting Item #
August 21, 2018
3
PUD AMENDMENTS addresses any changes after construction.
• New Section 154.756 PUD Review Procedure; this section is renumbered and amended to follow
the procedures outlined in the City’s new Open Space Development PUD review procedure with a
few exceptions to fit the PUD Ordinance. Please note these changes:
o Sketch plans have a 6 month limitation of approval before they expire.
o The City Council will vote on modifications proposed to the underlying zoning standards
to instruct the applicant as to whether the modification can be pursued as a component of
the PUD Preliminary Plan review.
o Effect of a PUD Sketch Plan Review; this language clarifies that the sketch plan process
is primarily for information purposes
o Preliminary PUD Plans must be distinctly similar to PUD Sketch Plans reviewed by the
City Council
o Limitation of Approval for Preliminary PUD Plans will be valid for 180 days, consistent
with the City’s preliminary plat requirements, Section 153.07 (L)
o Approved PUD Plans need to be constructed one year after final approval or they may be
deemed void.
• 154.757 PUD AMENDMENTS; this section sets forth provisions for administrative amendments,
PUD Ordinance amendments and PUD Plan amendments.
• 154.758 PUD CANCELLATION; this was language was brought over from the OP PUD
ordinance.
• 154.759 ADMINISTRATION; this language was brought over from the OP PUD ordinance.
• In general, the public hearing requirements for a sketch plan are eliminated when they were
previously required.
A no-redlined version is attached to the redlined version for easier reading.
FISCAL IMPACT:
None
OPTIONS:
The Council may:
• Adopt Ord. 08-221 as presented.
• Make amendments to Ord. 08-221 and adopt as amended.
• Do not adopt Ord. 08-221.
RECOMMENDATION:
City Council Meeting Item #
August 21, 2018
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Staff and the Planning Commission recommend Council adopt an ordinance making amendments to the
City’s Planned Unit Development ordinance.
“Move to adopt Ord. 08-221 making amendments to the City’s Planned Unit Development Ordinance.”
And
“Move to adopt Resolution 2018-098 authorizing summary publication of Ordinance 08-221
ATTACHMENTS:
• Ord. 08- 221
• Ord. 08- 221
• Resolution 2018-098 summary publication of Ord. 08-221
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-221
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING ARTICLE XVII. PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage;
Chapter 154: Zoning Code; Article XVII: Planned Unit Development (PUD) Regulations, by
amending the following:
ARTICLE XVII. PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
§ 154.750 INTENT.
The intent of the Planned Unit Development (PUD) overlay zoning district is to provide greater
flexibility in the use of land and the placement and size of buildings within the development of
residential and non-residential areas in order to achieve more creative development outcomes
while remaining economically viable and marketable and to better utilize site features and obtain
a higher quality of development. Approval of a planned unit development shall result in a zoning
change to a specific PUD overlay district, with specific requirements and standards that are
unique to that development. The City reserves the right to deny establishment of a PUD overlay
district and direct a developer to re-apply under the standard applicable zoning district if it is
determined that proposed benefits do not justify requested flexibilities.
(Ord. 08-070, passed 2-19-2013)
§ 154.751 IDENTIFIED OBJECTIVES.
When reviewing requests for approval of a planned unit development, the city shall consider
whether one or more of the objectives listed below will be served or achieved. It is the
responsibility of the applicant to provide a narrative of how the proposed planned development
meets one or more of the city’s identified objectives ((A) through (J)). Planned unit
developments should not be allowed simply for the purpose of increasing overall density or
allowing development that otherwise could not be approved.
A. Innovation in land development techniques that may be more suitable for a given parcel
than conventional approaches.
B. Promotion of integrated land uses, allowing for a mixture of residential, commercial, and
public facilities.
C. Provision of more adequate, usable, and suitably located open space, recreational
amenities, natural resource protection, and other public facilities than would otherwise be
provided under conventional land development techniques.
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D. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for senior and affordable housing.
E. Preservation and enhancement of important environmental features through careful and
sensitive placement of buildings and facilities.
F. Preservation of historic buildings, structures or landscape features.
G. Coordination of architectural styles and building forms to achieve greater compatibility
within the development and surrounding land uses.
H. Creation of more efficient provision of public utilities and services, lessened demand on
transportation, and the promotion of energy resource conservation.
I. Allowing the development to operate in concert with a redevelopment plan in certain
areas of the City and to ensure the redevelopment goals and objectives will be achieved.
J. Higher standards of site and building design than would otherwise be provided under
conventional land development technique.
K. Expanded opportunity for development of housing resources affordable to households at
or below the area median income.
(Ord. 08-070, passed 2-19-2013)
§ 154.752 ALLOWED DEVELOPMENT.
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, conditional or interim uses with the acceptance of
the development plan. Any change to the development plan will be considered an amendment to
the PUD, and will follow the procedures specified in Article 3, Administration, for zoning
amendments. PUDs may allow for flexibility in the following:
A. Uses. The PUD application shall identify all proposed land uses and those uses shall
become permitted, conditional, or interim uses upon the approval of the planned unit
development.
B. Placement of Structures. More than one principal building may be placed on a platted lot
within a planned unit development. The appearance and compatibility of buildings in
relation to one another, other site elements, and surrounding development shall be
considered in the review process.
C. Development Intensity. The PUD may provide for an increase in the maximum
impervious surface by up to 20% of that allowed in the base zoning district, for the
purpose of promoting project integration and additional site amenities. The impact of
increased maximum impervious surface must be mitigated through stormwater
management approved by the City and all other applicable agencies.
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D. Density. The PUD may provide for an increase in density of residential development by
up to 20% of that allowed in the base zoning district, for the purpose of promoting
diversity of housing types and additional site amenities. Increased residential densities of
varying levels will be awarded based upon the provision of a combination of various site
amenities outlined in this Chapter. In addition, the city retains the right to evaluate all
proposals for bonus density in accordance with the overall goals of the city’s Land Use
Element of the Comprehensive Plan.
E. Building Setbacks. The PUD may provide for a reduction in or elimination of required
setbacks in the base zoning district, provided that a landscaped setback area of the
minimum width established for the base zoning district is maintained along the periphery
of the adjacent zoning district(s).
F. Lot Requirements. The Council may authorize reductions in the area and width of
individual lots within a PUD from that required for the base zoning district, provided that
such reductions are compensated for by an equivalent amount of open space or other
public amenities elsewhere in the planned unit development. Any open space shall not
include areas designated as public or private streets. The plan may increase the maximum
density beyond that permitted in the base zoning district for the purpose of promoting an
integrated project with a variety of housing types and additional site amenities.
G. Trees/Landscaping Requirements. The Council may authorize flexible landscaping
approaches that better address on-site needs or may require specialized landscaping plans
that require that address adjacent property concerns.
H. Other Exceptions. As part of PUD approval, the Council is authorized to approve other
exceptions to the zoning controls applicable to the base zoning district, such as the
maximum height of structures or the minimum off-street parking requirements. Such
exceptions shall only be granted when they are clearly warranted to achieve the
objectives identified in § 154.751.
(Ord. 08-070, passed 2-19-2013)
§ 154.753 MINIMUM REQUIREMENTS.
A. Development Area. A PUD must include a minimum of five acres. Tracts of less than five
acres may be developed as a PUD if, as a result of sketch plan review, the Council
determines that the following applies:
a. the proposed project is of superior design and can achieve one or more of the
identified objectives listed in § 154.751, and
b. that compliance with the Comprehensive Plan goals and policies can be attained
through the use of the PUD process.
B. Open Space. For all PUDs, at least 20% of the project area not within street rights-of-way
shall be preserved as protected open space. Other public or site amenities may be
approved as an alternative to this requirement. Any required open space must be available
to the residents, tenants, or customers of the PUD for recreational purposes or similar
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benefit. Land reserved for storm water detention facilities and other required site
improvements may be applied to this requirement.
C. Street Layout. In existing developed areas, the PUD should maintain the existing street
grid, where present, and restore the street grid where it has been disrupted. In newly
developing areas, streets shall be designed to maximize connectivity in each cardinal
direction, except where environmental or physical constraints make this infeasible. All
streets shall terminate at other streets, at public land, or at a park or other community
facility, except that local streets may terminate in stub streets when those will be
connected to other streets in future phases of the development or adjacent developments.
(Ord. 08-070, passed 2-19-2013)
§ 154.754 DENSITY.
The PUD may provide for an increase in density of residential development by up to 20% of that
allowed in the base zoning district. Applicants seeking increased residential density through a
Planned Unit Development are required to provide at least one (1) site amenity, or a combination
of site amenities, that equal the required amount of amenity points needed to achieve the desired
density bonus.
A. Amenity Points and Equivalent Density Increases. Increases in density will be awarded
through a 1:1 ratio with amenity points. For each amenity point granted to a PUD, an
applicant will be allowed a 1% increase to the allowed density on the site up to a
maximum increase of 20%.
B. Site Amenities. Site amenities that are eligible for amenity points are listed in Table 16-1,
along with their associated standards of implementation. Some amenities may be awarded
a range of amenity point based upon the quality and magnitude of the amenity.
C. Site Amenities Not Listed. The city reserves the right to consider alloting amenity points
for site amenities that are not specified within this ordinance as part of the preliminary
plan phase of the planned development if it is shown that such amenities fulfill the
objectives listed in § 154.751.
Table 16-1: Site Amenities
Points Amenity Standards
5-10 Underground or
Structure Parking
Proposed underground or structured parking must be integrated into the
primary structure. The purpose of this amenity is to better integrate
parking into the site, reduce the amount of surface parking stalls, and
reduce the amount of impervious surface. Proposed underground or
structured parking must reduce the amount of surface parking stalls
located outside of the footprint of the principal structure by a minimum
of 25%. Amenity points will be awarded based upon the amount of
surface parking stalls reduced (between 25-50%). For every additional
5% of surface parking stalls reduced above 25%, the applicant will be
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awarded 1 additional amenity point, up to a maximum of 10 amenity
points. The facade of any underground or structure parking areas must
match the architectural design of the principal structure.
10 Historic
Preservation
Preservation, rehabilitation or restoration of designated historic
landmarks in a manner that is consistent with the standards for
rehabilitation of the Secretary of the Interior as part of the development.
Incorporate historic or cultural resources in to the project, such as
preservation.
10 Additional Open
Space
A minimum of 50% of the site not occupied by buildings shall be
landscaped outdoor open space. A minimum of 50% of the provided
open space shall be contiguous. Open space classifications that qualify
may include natural habitat, neighborhood recreation, trail corridors or
open space buffers.
10 Public Right-of-
Way Dedication
Dedication of land and construction of a public road, trail, pathway, or
greenway that is part of an approved city plan, but outside the scope of
the immediate project area. Right-of-way improvements should be
designed per the specification of the City Engineer.
5 Fire Sprinkler
Systems
The installation of fire sprinkler systems, per NFPA 13, 13D or 13R, in
structures that are not currently required to install these systems under
state code. Amenity points will only be awarded in situations where
there are a significant proportion of structures in the development that
are not required to be sprinkled under State Building Code. In addition,
the density bonus calculation shall only be applied to the number of
structures that do not require fire sprinkler systems.
5
Leadership in
Energy and
Environmental
Design
The proposed development shall meet the minimum standards for LEED
Silver certification. The project does not have to achieve actual LEED
certification; however, the developer must submit the LEED checklist
and documentation to the city, approved by a LEED Accredited
Professional (LEED-AP), which shows that the project will comply with
LEED Silver requirements.
5 Adaptive Reuse Significant renovation, rehabilitation and adaptive reuse of an existing
building(s), rather than demolition.
5 Plaza
The development shall include some form of plaza or public square that
is wholly or partly enclosed by a building or buildings. Plazas are
landscaped or paved open areas that shall have a minimum area not less
than 1,000 square feet. Plazas for commercial or mixed-use development
shall be open to the public during daylight hours.
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1-5 Enhanced
Landscaping
A Landscaping Plan of exceptional design that has a variety of native
tree, shrub and plan types that provide seasonal interest and that exceeds
the requirements of the Lake Elmo Design Standards Manual. The
landscaped areas should have a resource efficient irrigation system. The
Landscaping Plan shall be prepared by a licensed landscape architect.
Amenity points shall be awarded based upon the quality and magnitude
of the Landscaping Plan.
3 Enhanced Storm
Water Management
Provide capacity for infiltrating stormwater generated onsite with artful
rain garden design that serves as a visible amenity. Rain garden designs
shall be visually compatible with the form and function of the space and
shall include long-term maintenance of the design. The design shall
conform to the requirements per the Minnesota Stormwater Manual and
shall meet the approval of the City Engineer.
1-3 Theming
Significant utilization of various elements of Theming consistent with
the 2013 Lake Elmo Theming Project, including but not limited to
signage, fencing, landscaping, lighting and site furnishings. Amenity
points will be awarded based upon the quality and magnitude of
Theming elements integrated into the project.
3 Natural Features
Site planning that preserves significant natural features or restores
ecological functions of a previously damaged natural environment above
and beyond that required by City ordinance or Engineering
requirements.
10 Affordable Housing Provides housing that is affordable to households at or below the City’s
area median income.
(Ord. 08-070, passed 2-19-2013)
§ 154.755 COORDINATION WITH OTHER REGULATIONS.
A. Coordination with Subdivision Review. Subdivision review under the subdivision
regulations shall be carried out simultaneously with the review of the PUD. The plans
required under this subchapter shall be submitted in a form that will satisfy the
requirements of the Subdivision Ordinance for the preliminary and final plat.
B. Coordination with Other Zoning Requirements. All of the provisions of this chapter
applicable to the original district within which the Planned Unit Development District is
established shall apply to the PUD District except as otherwise provided in approval of
the Final Plan.
(Ord. 08-070, passed 2-19-2013)
§ 154.756 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURE
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All requests to establish a Planned Unit Development shall be initiated by following the steps
below.
A. Pre-Application Conference. Prior to submitting an application for a PUD Sketch Plan,
the applicant of the proposed PUD shall arrange for and attend a conference with the
Planning Director. The primary purpose of the conference shall be to provide the
applicant with an opportunity to gather information and obtain guidance as to the general
suitability of his or her proposal for the area for which it is proposed and its conformity to
the provisions of this subchapter before incurring substantial expense in the preparation
of plans, surveys and other data.
B. PUD Sketch Plan
1. Purpose. The PUD Sketch Plan is the second step in the development process
which gives the applicant an opportunity to present their ideas to the Planning
Commission, 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 PUD Sketch Plan phase should be addressed within the subsequent
PUD Preliminary Plan.
2. PUD Sketch Plan Submittal Requirements. Requests for PUD Sketch Plans shall
be filed with the Planning Director on an official application form. The
applicant’s signatures shall be provided on the application form. If the applicant is
not the fee owner of the property, the fee owner’s signature shall also be provided
on the application form, or the applicant shall provide separate written and signed
authorization for the application from the fee owner. Such application shall be
accompanied by the following information. The applicant shall submit a
minimum of 4 large scale copies and 10 reduced scale (11” X 17”) copies of all
graphics. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified requirements.
The applicant will be responsible for all expenses incurred in obtaining the
required information.
a. General Information
i. The landowner’s name and address and his/her interest in the
subject property.
ii. The applicant’s name and address if different from the landowner.
iii. The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted,
including but not limited to attorney, land planner, engineer and
surveyor.
b. Present Status
i. The address and legal description of the property.
ii. Gross site acreage.
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iii. The existing zoning classification and present use of the subject
property and all lands within 150 feet of the subject property.
iv. A map depicting the existing development of the subject property and
all land within 150 feet of the subject property and showing the
location of existing streets, property lines, easements, water mains, and
storm and sanitary sewers, with invert elevations on and within 100 feet
of the subject property.
v. Site conditions. Where deemed necessary by the city, graphic
reproductions of the existing site conditions at a scale of 1 inch equals
100 feet shall be submitted and contain the following:
a. Contours; minimum 5 foot intervals;
b.Location, type and extent of tree cover;
c. Slope analysis; and
d.Location and extent of water bodies, wetlands, streams, and flood
plains within 300 feet of the subject property.
vi. A written narrative describing the proposed PUD, explaining the
applicant’s proposed objectives for the PUD, a listing of the proposed
modifications from current zoning as may be applicable, an explanation
of how the proposal achieves the objectives identified in §154.751 and
the proposals relationship to the City Comprehensive Plan.
vii. Statement of the estimated total number of dwelling units proposed for
the PUD and a tabulation of the proposed approximate allocations of
land use expressed in acres and as a percent of the total project area,
which shall include at least the following:
a. Calculation of the proposed density;
b.Area devoted to residential use by building type;
c. Area devoted to common open space;
d.Area devoted to public open space and public amenities;
e. Approximate area devoted to, and number of, off-street parking and
loading spaces and related access;
f. Approximate area, and floor area, devoted to commercial uses; and
g.Approximate area, and floor area, devoted to industrial or office use.
viii. Schematic drawing of the proposed development concept, including but
not limited to the general location of major circulation elements, public
and common open space, residential and other land uses.
ix. Proposed design features related to proposed streets, showing right-of-
way widths, typical cross-sections, and areas other than streets
including but not limited to pedestrian ways, utility easements and
storm water facilities.
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x. A statement of intent to establish a Common Interest Community
association with bylaws and deed restrictions to include, but not be
limited to, the following:
a. Ownership, management and maintenance of defined public or
common elements;
b.Maintenance of public and private utilities; and
c. General architectural guidelines for principal and accessory structures.
xi. Proposed PUD phasing if it is to be constructed in stages during a
period of time extending beyond a single construction season, a
preliminary schedule for the development of such stages or units shall
be submitted stating the approximate beginning and completion date for
each such stage and overall chronology of development to be followed
from stage to stage
xii. Any additional information if deemed necessary and required by the
Planning Director. The Planning Director may waive for good cause
certain information requirements not pertinent to the particular request.
3. Review of PUD Sketch Plan Proposal
a. Planning Commission
i. Upon receiving a PUD Sketch Plan proposal, the City shall schedule a
date upon which the Planning Commission will review the proposal.
ii. The Planning Director shall review the PUD Sketch Plan proposal and
prepare a report which identifies the proposed modifications from
current zoning as may be applicable, analyzes how the proposal
achieves the objectives identified in §154.751, discusses the proposal’s
relationship to the City Comprehensive Plan, and provides any other
relevant information deemed necessary to judge the proposal against
the objectives listed in § 154.751.
iii. The Planning Commission shall review the application, and upon
completing their review, shall adopt findings and recommendations on
the proposed PUD as soon as practical.
iv. The Planning Director 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.
b. City Council
i. The City Council may listen to comments from the public on the
proposed development if they deem such necessary prior to discussing
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the proposed PUD Sketch plan.
ii. After consideration of the Planning Director’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.
iii. For each of the identified modifications to the underlying zoning
standards, the City Council shall take a vote (by simple majority) to
instruct the applicant as to whether the modification can be pursued as
a component of the PUD Preliminary Plan review.
4. Effect of a PUD Sketch Plan Review
a. 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 a PUD Preliminary Plan.
b. 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.
5. Limitation of Approval. The City Council’s review of a 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.
C. PUD Preliminary Plan
1. Prerequisite. No application for a PUD Preliminary Plan will be accepted unless
an applicant’s proposal is distinctly similar to one reviewed in the completed the
PUD Sketch Plan review process which is valid upon the date of application.
2. PUD Preliminary Plan Submittal Requirements. Requests for Preliminary PUD
Plans shall be filed with the Planning Director on an official application form. The
applicant’s signatures shall be provided on the application form. If the applicant is
not the fee owner of the property, the fee owner’s signature shall also be provided
on the application form, or the applicant shall provide separate written and signed
authorization for the application from the fee owner. Such application shall be
accompanied by the following information. The applicant shall submit a
minimum of 4 large scale copies and 10 reduced scale (11” X 17”) copies of all
graphics. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified requirements.
The applicant will be responsible for all expenses incurred in obtaining the
required information.
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a. Preliminary plat and preliminary major subdivision information required by
§ 153.09.
b. General Information
i. The landowner’s name and address and his interest in the subject
property.
ii. The applicant’s name and address if different from the landowner.
iii. The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted,
including but not limited to attorney, land planner, engineer and
surveyor.
iv. Evidence that the applicant has sufficient control over the subject
property to effectuate the proposed PUD, including a statement of
all legal, beneficial, tenancy and contractual interests held in or
affecting the subject property and including an up-to-date certified
abstract of title or registered property report, and such other
evidence as the City Attorney may require to show the status of title
or control of the subject property.
c. Present Status
i. The address and legal description of the property.
ii. The existing zoning classification and present use of the subject
property and all lands within 150 feet of the property.
iii. A map depicting the existing development of the property and all
land within 150 feet thereof and indicating the location of existing
streets, property lines, easements, water mains and storm and
sanitary sewers, with invert elevations on and within one hundred
feet of the property.
iv. A written statement generally describing the proposed PUD and the
market which it is intended to serve and its demand showing its
relationship to the city’s Comprehensive Plan and how the
proposed PUD is to be designed, arranged and operated in order to
permit the development and use of neighboring property in
accordance with the applicable regulations of the city.
v. A statement of the proposed financing of the PUD.
vi. Site conditions. Graphic reproductions of the existing site
conditions at a scale of one 1 inch equals 100 feet. All of the
graphics should be at the same scale as the final plan to allow easy
cross-reference. The use of overlays is recommended for ease of
analysis
a. Contours; minimum two 2 foot intervals.
b. Location, type and extent of tree cover.
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c. Slope analysis.
d. Location and extent of water bodies, wetlands and streams and
flood plains within 300 feet of the property.
e. Significant rock outcroppings.
f. Existing drainage patterns
g. Vistas and significant views.
h. Soil conditions as they affect development.
vii. Schematic drawing of the proposed development concept, including
but not limited to the general location of major circulation elements,
public and common open space, residential and other land uses.
viii. A statement of the estimated total number of dwelling units
proposed for the PUD and a tabulation of the proposed approximate
allocations of land use expressed in acres and as a percent of the
total project area, which shall include at least the following:
a. Area devoted to residential use by building type;
b. Area devoted to common open space;
c. Area devoted to public open space and public amenities;
d. Approximate area devoted to streets;
e. Approximate area devoted to, and number of, off-street parking
and loading spaces and related access;
f. Approximate area, and floor area, devoted to commercial uses;
and
g. Approximate area, and floor area, devoted to industrial or office
use.
ix. When the proposed PUD includes increases in density of residential
development above the base zoning district, a statement describing
the site amenities to be included within the PUD which
demonstrates that the proposed site amenities clearly achieve the
desired density bonus. The burden is on the applicant to
demonstrate that all site amenity standards have been met in order
to be awarded increased density for residential development.
x. If the PUD is to be constructed in stages during a period of time
extending beyond a single construction season, the applicant shall
provide a schedule for the development of such stages or units shall
be submitted stating the approximate beginning and completion
date for each such stage or unit and the proportion of the total PUD
public or common open space and dwelling units to be provided or
constructed during each such state and overall chronology of
development to be followed from stage to stage.
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xi. When the proposed PUD includes provisions for public or common
open space or service facilities, provide a statement describing the
provision that is to be made for the care and maintenance of such
open space or service facilities.
xii. Any restrictive covenants that are to be recorded with respect to
property included in the proposed PUD.
xiii. Schematic utilities plans indicating placement of water, sanitary and
storm sewers.
xiv. Applicable plans must meet requirements of the City’s Engineering
Design and Construction Manual.
xv. The City may require the submission of any additional information
or documentation which it may find necessary or appropriate to full
consideration of the proposed PUD.
xvi. Any additional information if deemed necessary and required by the
Planning Director. The Planning Director may waive for good
cause certain information requirements not pertinent to the
particular request.
3. PUD Preliminary Plan Review
a. As part of the review process for a PUD Preliminary Plan, the Planning
Director shall review the PUDs, and shall prepare a report and make a
recommendation regarding the proposed Preliminary PUD Plan for Planning
Commission and City Council consideration.
b. The Planning Director shall prepare a draft ordinance to establish the
potential PUD overlay zoning district to be established as a component of the
PUD Final Plan.
c. The Planning Commission shall hold a public hearing and report its findings
and make recommendations to the City Council on the merit, needed
changes, and suggested conditions to impose on the PUD.
d. 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.
4. 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.
5. Limitation of Approval. The City Council’s approval of a PUD Preliminary Plan
shall remain valid for a period of 180 days, unless a request for time extension is
submitted in writing and approved by the City Council.
D. PUD Final Plan
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1. Application Deadline. Application for a PUD Final Plan shall be submitted for
approval within 180 days of City Council approval of the PUD Preliminary Plan
unless a written request for a time extension is submitted by the applicant and
approved by the City Council.
2. PUD Final Plan Submittal Requirements.
a. Final plat and final major subdivision application information required by §
153.10;
b. Final plans drawn to a scale of not less than 1 inch equals 100 feet (or a
scale requested by the Zoning Administrator) containing at least the
following information:
i. Proposed name of the development (which shall not duplicate nor
be similar in pronunciation to the name of any plat heretofore
recorded in the county where the subject property is situated);
ii. Property boundary lines and dimensions of the property and any
significant topographical or physical features of the property;
iii. The location, size, use and arrangement including height in stories
and feet and total square feet of ground area coverage and floor area
of proposed buildings, including manufactured homes, and existing
buildings which will remain, if any;
iv. Location, dimensions of all driveways, entrances, curb cuts, parking
stalls, loading spaces and access aisles, and all other circulation
elements including bike and pedestrian; and the total site coverage
of all circulation elements;
v. Location, designation and total area of all common open space;
vi. Location, designation and total area proposed to be conveyed or
dedicated for public open space, including parks, playgrounds,
school sites and recreational facilities;
vii. The location of applicable site amenities, if any;
viii. Proposed lots and blocks, if any and numbering system;
ix. The location, use and size of structures and other land uses on
adjacent properties;
x. Detailed sketches and provisions of proposed landscaping;
xi. General grading and drainage plans for the developed PUD; and
xii. Any other information that may have been required by the Planning
Commission or Council in conjunction with the approval of the
Preliminary Plan;
xiii. Detailed list of differences from the PUD Preliminary Plan (if
applicable).
15
c. An accurate legal description of the entire area within the PUD for which
final development plan approval is sought;
d. A detailed site plan, suitable for recording, showing the physical layout,
design and purpose of all streets, easements, rights of way, utility lines and
facilities, lots, block, public and common open space, general landscaping
plan, structure, including mobile homes, and uses;
e. Applicable plans must meet requirements of the City’s Engineering Design
and Construction Manual.
3. PUD Final Plan Review
a. The Planning Director shall generate an analysis of the final documents
against the conditions of the PUD Preliminary Plan approval, and make a
recommendation as to whether all conditions have been met or if additional
changes are needed.
b. The Planning Director shall identify any information submittals that were
waived so Council may determine if such is needed prior to making a final
decision.
c. The Planning Director shall finalize the ordinance to establish the proposed
overlay district for consideration by the Planning Commission and City
Council.
d. The Planning Commission shall hold a public hearing on the proposed PUD
overlay district ordinance and Final PUD Plans, and shall submit a
recommendation to the City Council for consideration. Because a PUD
Preliminary Plan was previously approved, the Planning Commission’s
recommendation shall only focus on whether the Ordinance and PUD Final
Plan are in substantial compliance with the PUD Preliminary Plan and the
required conditions of approval.
e. The City Council shall then consider the recommendations of the Planning
Director, the public, and the Planning Commission; and make a decision of
approval or denial, in whole or in part, on the PUD Final Plan. A denial
shall only be based on findings that a PUD Final Plan is not in substantial
compliance with the approved PUD Preliminary Plan and/or the required
conditions of approval.
f. As a condition of PUD Final Plan approval, publication of the PUD
ordinance shall be required prior to filing of the approved final plat.
g. Planned Unit Development Agreement.
i. At its sole discretion, the City may, as a condition of approval,
require the owner and developer of the proposed PUD to execute a
development agreement which may include but not be limited to all
requirements of the PUD Final Plan.
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ii. 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.
h. As directed by the City, documents related to the PUD shall be recorded
against the property.
4. Time Limit
a. 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 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 Planning Director and shall identify the reason(s) why the extension is
necessary along with an anticipated timeline for validation of the Planned
Unit Development.
b. 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 PUD beginning at PUD Preliminary Plan.
§ 154.757 PUD AMENDMENTS
Approved 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 a PUD amendment.
A. Amendments to Existing Planned Unit Development shall be processed as one of the
following:
1. Administrative Amendment. The Planning Director may approve minor changes if
such changes are required by engineering or other circumstances, provided the
changes conform to the approved PUD overlay district intent and are consistent with
all requirements of the 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.
17
2. Ordinance Amendment. A PUD change requiring a text update to the adopted 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 City to be consistent with the intent of the
original PUD approval but are technically necessary due to construction of the
adopted PUD district language.
3. PUD Amendment. Any change not qualifying for an administrative amendment or an
ordinance amendment shall require a PUD amendment. An application to amend a
PUD shall be administered in the same manner as that required for a new PUD
beginning at PUD Preliminary Plan.
§ 154.758 PUD CANCELLATION
A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance
rescinding the PUD district. 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; has become void; at the request of the applicant or assignee in writing; or other
applicable findings in accordance with law.
§ 154.759 ADMINISTRATION
In general, the following rules shall apply to all PUDs:
A. Rules and regulations. No requirement outlined in the 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 a
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 PUD plan.
C. Effect on Conveyed Property. In the event that any real property in an approved PUD is
conveyed in total, or in part, the new owners thereof shall be bound by the provisions of the
PUD zoning district.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08- was adopted on this ______ day of ___ 2018,
by a vote of ___ Ayes and ___ Nays.
18
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08- was published on the ____ day of ___________________, 2018.
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-202
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
AMENDING ARTICLE XVII. PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage;
Chapter 154: Zoning Code; Article XVII: Planned Unit Development (PUD) Regulations, by
amending the following:
ARTICLE XVII. PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
§ 154.750 INTENT.
This article establishes the procedures and standards for the development of areas as unified,
planned developments in accordance with the intent and purpose of this zoning ordinance and the
applicable policies of the Comprehensive Plan. The intent of the Planned Unit Development
(PUD) overlay zoning district is to provide greater flexibility in the use of land and the
placement and size of buildings within the development of residential and non-residential areas
in order to achieve more creative development outcomes while remaining economically viable
and marketable Because of the larger size of PUDs and to help achieve the identified objectives
for planned unit development sites, this article provides for flexibility in the use of land and the
placement and size of buildings in order and to better utilize site features and obtain a higher
quality of development. Approval of a planned unit development shall result in a zoning change
to a specific PUD overlay district, with specific requirements and standards that are unique to
that development. The City reserves the right to deny establishment of a PUD overlay district
and direct a developer to re-apply under the standard applicable zoning district if it is determined
that proposed benefits do not justify requested flexibilities.
(Ord. 08-070, passed 2-19-2013)
§ 154.751 IDENTIFIED OBJECTIVES.
When reviewing requests for approval of a planned unit development, the city shall consider
whether one or more of the objectives listed below will be served or achieved. It is the
responsibility of the applicant to provide a narrative of how the proposed planned development
meets one or more of the city’s identified objectives ((A) through (J)). Planned unit
developments should not be allowed simply for the purpose of increasing overall density or
allowing development that otherwise could not be approved.
A. Innovation in land development techniques that may be more suitable for a given parcel
than conventional approaches.
2
B. Promotion of integrated land uses, allowing for a mixture of residential, commercial, and
public facilities.
C. Provision of more adequate, usable, and suitably located open space, recreational
amenities, natural resource protection, and other public facilities than would otherwise be
provided under conventional land development techniques.
D. Accommodation of housing of all types with convenient access to employment
opportunities and/or commercial facilities; and especially to create additional
opportunities for senior and affordable housing.
E. Preservation and enhancement of important environmental features through careful and
sensitive placement of buildings and facilities.
F. Preservation of historic buildings, structures or landscape features.
G. Coordination of architectural styles and building forms to achieve greater compatibility
within the development and surrounding land uses.
H. Creation of more efficient provision of public utilities and services, lessened demand on
transportation, and the promotion of energy resource conservation.
I. Allowing the development to operate in concert with a redevelopment plan in certain
areas of the City and to ensure the redevelopment goals and objectives will be achieved.
J. Higher standards of site and building design than would otherwise be provided under
conventional land development technique.
K. Expanded opportunity for development of housing resources affordable to households at
or below the area median income.
(Ord. 08-070, passed 2-19-2013)
§ 154.752 ALLOWED DEVELOPMENT.
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, conditional or interim uses [BGA1]with the
acceptance of the development plan. Any change in the list of uses approved in to [EB2]the
development plan will be considered an amendment to the PUD, and will follow the procedures
specified in Article 3, Administration, for zoning amendments. PUDs may allow for flexibility in
the following:
A. Permitted Uses. The PUD application shall identify all proposed land uses and those uses
shall become permitted, conditional, or interim uses upon the approval of the planned
unit development. Uses not otherwise allowed in the zoning district are prohibited within
a PUD.[EB3] Alternative: The extent of allowed land uses within a PUD shall be limited
to those land uses that are allowed or deemed by the City to be substantially similar to
those allowed in the allowed in the underlying zoning district.
3
B. Placement of Structures. More than one principal building may be placed on a platted lot
within a planned unit development. The appearance and compatibility of buildings in
relation to one another, other site elements, and surrounding development shall be
considered in the review process.
C. Development Intensity[BGA4]. The PUD may provide for an increase in maximum gross
floor area or floor area ratio the maximum impervious surface by up to 20% [EB5]of that
allowed in the base zoning district, for the purpose of promoting project integration and
additional site amenities. The impact of increased maximum impervious surface must be
mitigated through stormwater management approved by the City and all other applicable
agencies.
D. Density. The PUD may provide for an increase in density of residential development by
up to 20% of that allowed in the base zoning district, for the purpose of promoting
diversity of housing types and additional site amenities. Increased residential densities of
varying levels will be awarded based upon the provision of a combination of various site
amenities outlined in Section 154.209 Table 16-2. In addition, the city retains the right to
evaluate all proposals for bonus density in accordance with the overall goals of the city’s
Land Use Element of the Comprehensive Plan.
E. Building Setbacks. The PUD may provide for a reduction in or elimination of required
setbacks in the base zoning district, provided that a landscaped setback area of the
minimum width established for the base zoning district is maintained along the periphery
of the adjacent zoning district(s).
F. Lot Requirements. The Council may authorize reductions in the area and width of
individual lots within a PUD from that required for the base zoning district, provided that
such reductions are compensated for by an equivalent amount of open space or other
public amenities elsewhere in the planned unit development. Any open space shall not
include areas designated as public or private streets. The plan may increase the maximum
density beyond that permitted in the base zoning district for the purpose of promoting an
integrated project with a variety of housing types and additional site amenities.
G. Other Exceptions. As part of PUD approval, the Council is authorized to approve other
exceptions to the zoning controls applicable to the base zoning district, such as the
maximum height of structures or the minimum off-street parking requirements. Such
exceptions shall only be granted when they are clearly warranted to achieve the
objectives identified in § 154.751.
H. Trees/Landscaping Requirements. The Council may authorize flexible landscaping
approaches that better address on-site needs or may require specialized landscaping plans
that address adjacent property concerns.
(Ord. 08-070, passed 2-19-2013)
§ 154.753 MINIMUM REQUIREMENTS.
A. Lot Development Area. A PUD must include a minimum of 5 acres for undeveloped land
or 2 acres for developed land within the approved development. Tracts of less than 2 five
4
acres may be developed as a PUD if, only after as a result of sketch plan review, and the
Planning Commission Council determines that the following applies:
a. the proposed project is of superior design and can be achieved to meet one or
more of the identified objectives listed in § 154.751, or and
b. that compliance with the Comprehensive Plan goals and policies can be attained
through the use of the PUD process.
B. Open Space. For all PUDs, at least 20% of the project area not within street rights-of-way
shall be preserved as protected [EB6]open space. Other public or site amenities may be
approved as an alternative to this requirement. Any required open space must be available
to the residents, tenants, or customers of the PUD for recreational purposes or similar
benefit. Land reserved for storm water detention facilities and other required site
improvements may be applied to this requirement. Open space shall be designed to meet
the needs of residents of the PUD and the surrounding neighborhoods, to the extent
practicable, for parks, playgrounds, playing fields and other recreational facilities.[EB7]
C. Street Layout. In existing developed areas, the PUD should maintain the existing street
grid, where present, and restore the street grid where it has been disrupted. In newly
developing areas, streets shall be designed to maximize connectivity in each cardinal
direction, except where environmental or physical constraints make this infeasible. All
streets shall terminate at other streets, at public land, or at a park or other community
facility, except that local streets may terminate in stub streets when those will be
connected to other streets in future phases of the development or adjacent developments.
(Ord. 08-070, passed 2-19-2013)
§ 154.754 DENSITY.
The PUD may provide for an increase in density of residential development by up to 20% of that
allowed in the base zoning district. Applicants seeking increased residential density through a
Planned Unit Development are required to provide at least one (1) site amenity, or a combination
of site amenities, that equal the required amount of amenity points needed to achieve the desired
density bonus.
A. Amenity Points and Equivalent Density Increases. Increases in density will be awarded
through a 1:1 ratio with amenity points. For each amenity point granted to a PUD, an
applicant will be allowed a 1% increase to the allowed density on the site up to a
maximum increase of 20%. Table 16-1 outlines the required amount of amenity points
needed to achieve various density increases.
Table 16-1: Amenity Points and Equivalent Density Increases
Amenity Points Density Increase
5 5%
5
10 10%
15 15%
20 20%
[EB8]
B. Site Amenities. Site amenities that are eligible for amenity points are listed in Table 16-
21, along with their associated standards of implementation. Some amenities may be
awarded a range of amenity point based upon the quality and magnitude of the amenity.
Where the amenity does not meet all of the standards required in Table 16-2, no points
shall be awarded. Partial points for site amenities shall not be awarded, except as may
specifically be allowed in Table 16-2.[EB9]
C. Site Amenities Not Listed. The city reserves the right to consider alloting amenity points
for site amenities that are not specified within this ordinance as part of the preliminary
plan phase of the planned development if it is shown that such amenities fulfill the
objectives listed in § 154.751.
Table 16—2 1: Site Amenities
Points Amenity Standards
5-10 Underground or
Structure Parking
Proposed underground or structured parking must be integrated into the
primary structure. The purpose of this amenity is to better integrate
parking into the site, reduce the amount of surface parking stalls, and
reduce the amount of impervious surface. Proposed underground or
structured parking must reduce the amount of surface parking stalls
located outside of the footprint of the principal structure by a minimum
of 25%. Amenity points will be awarded based upon the amount of
surface parking stalls reduced (between 25-50%). For every additional
5% of surface parking stalls reduced above 25%, the applicant will be
awarded 1 additional amenity point, up to a maximum of 10 amenity
points. The facade of any underground or structure parking areas must
match the architectural design of the principal structure.
10 Historic
Preservation
Preservation, rehabilitation or restoration of designated historic
landmarks in a manner that is consistent with the standards for
rehabilitation of the Secretary of the Interior as part of the development.
Incorporate historic or cultural resources in to the project, such as
preservation.
10 Additional Open
Space
A minimum of 50% of the site not occupied by buildings shall be
landscaped outdoor open space. A minimum of 50% of the provided
open space shall be contiguous. Open space classifications that qualify
6
may include natural habitat, neighborhood recreation, trail corridors or
open space buffers.
10 Public Right-of-
Way Dedication
Dedication of land and construction of a public road, trail, pathway, or
greenway that is part of an approved city plan, but outside the scope of
the immediate project area. Right-of-way improvements should be
designed per the specification of the City Engineer.
5 Fire Sprinkler
Systems
The installation of fire sprinkler systems, per NFPA 13, 13D or 13R, in
structures that are not currently required to install these systems under
state code. Amenity points will only be awarded in situations where
there are a significant proportion of structures in the development that
are not required to be sprinkled under State Building Code. In addition,
the density bonus calculation shall only be applied to the number of
structures that do not require fire sprinkler systems.
5 Contained Parking
The purpose of this amenity is to better integrate surface parking into the
site and reduce the amount of visible surface parking from the public
right-of-way. Parking should be rear-loaded and hidden by the building
facade, or integrated into the site in some other fashion that is acceptable
to the city. This amenity is separate from underground or structure
parking.[EB10]
5
Leadership in
Energy and
Environmental
Design
The proposed development shall meet the minimum standards for LEED
Silver certification. The project does not have to achieve actual LEED
certification; however, the developer must submit the LEED checklist
and documentation to the city, approved by a LEED Accredited
Professional (LEED-AP), which shows that the project will comply with
LEED Silver requirements.
5 Pedestrian
Improvements
A site and building design that allows for exceptional and accessible
pedestrian and/or bicycle access through and/or around a site. The
improvements shall use a combination of trails, landscaping, decorative
materials, access control and lighting to create safe, clear and
aesthetically pleasing pedestrian facilities through and /or around the site
that comply with the Americans with Disabilities Act accessibility
requirements.[EB11]
5 Adaptive Reuse Significant renovation, rehabilitation and adaptive reuse of an existing
building(s), rather than demolition.
5 Plaza
The development shall include some form of plaza or public square that
is wholly or partly enclosed by a building or buildings. Plazas are
landscaped or paved open areas that shall have a minimum area not less
than 1,000 square feet. Plazas for commercial or mixed-use development
7
shall be open to the public during daylight hours.
1-5 Enhanced
Landscaping
A Landscaping Plan of exceptional design that has a variety of native
tree, shrub and plan types that provide seasonal interest and that exceeds
the requirements of the Lake Elmo Design Standards Manual. The
landscaped areas should have a resource efficient irrigation system. The
Landscaping Plan shall be prepared by a licensed landscape architect.
Amenity points shall be awarded based upon the quality and magnitude
of the Landscaping Plan.
3 Enhanced Storm
Water Management
Provide capacity for infiltrating stormwater generated onsite with artful
rain garden design that serves as a visible amenity. Rain garden designs
shall be visually compatible with the form and function of the space and
shall include long-term maintenance of the design. The design shall
conform to the requirements per the Minnesota Stormwater Manual and
shall meet the approval of the City Engineer.
1-3 Theming
Significant utilization of various elements of Theming consistent with
the 2013 Lake Elmo Theming Project, including but not limited to
signage, fencing, landscaping, lighting and site furnishings. Amenity
points will be awarded based upon the quality and magnitude of
Theming elements integrated into the project.
3 Natural Features
Site planning that preserves significant natural features or restores
ecological functions of a previously damaged natural environment above
and beyond that required by City ordinance or Engineering
requirements.
10 Affordable Housing Provides housing that is affordable to households at or below the City’s
area median income.
(Ord. 08-070, passed 2-19-2013)
§ 154.755 COORDINATION WITH OTHER REGULATIONS.
A. Coordination with Subdivision Review. Subdivision review under the subdivision
regulations shall be carried out simultaneously with the review of the PUD. The plans
required under this subchapter shall be submitted in a form that will satisfy the
requirements of the Subdivision Ordinance for the preliminary and final plat.
B. Coordination with Other Zoning Requirements. All of the provisions of this chapter
applicable to the original district within which the Planned Unit Development District is
established shall apply to the PUD District except as otherwise provided in approval of
the Final Plan.
(Ord. 08-070, passed 2-19-2013)
8
§ 154.756 PHASING AND GUARANTEE OF PERFORMANCE.
A. Development Schedule. The City shall compare the actual development accomplished in the
various PUD zones with the approved development schedule.
B. Schedule Extension. For good cause shown by the property owner, the City Council may
extend the limits of the development schedule.
C. Phasing of Amenities. The construction and provision of all of the common open space, site
amenities and public and recreational facilities which are shown on the final development plan
must proceed at the same rate as the construction of dwelling units, if any. The Development
Review Committee shall review all of the building permits issued for the PUD and examine the
construction which has taken place on the site. If they find that the rate of construction of
dwelling units is greater than the rate at which common open spaces, site amenities and public
and recreational facilities have been constructed and provided, they shall forward this
information to the City Council for action.
[EB12]
D. Guarantees. A financial guarantee or letter of credit shall be required to guarantee
performance by the developer. The amount of this guarantee or letter of credit, and the specific
elements of the development program that it is intended to guarantee, will be stipulated in the
development agreement. [EB13]
E. Changes During Development Period
1. Minor changes in the location, placement and height of structures may be authorized
by the Development Review Committee if required by engineering or other
circumstances not foreseen at the time the final plan was approved and filed with the
Planning Director.
2. Changes in uses, any rearrangement of lots, blocks and building tracts, changes in the
provision of common open spaces, and all other changes to the approved final
development plan may be made only under the procedures for zoning amendments, §§
154.105. Any changes shall be recorded as amendments to the recorded copy of the final
development plan.
F. Rezoning to Original District. If substantial development has not occurred within a reasonable
time after approval of the PUD Zoning District, the City Council may instruct the Planning
Commission to initiate rezoning to the original zoning district. It shall not be necessary for the
City Council to find that the rezoning was in error.
§ 154.757 CONTROL OF PLANNED UNIT DEVELOPMENT FOLLOWING COMPLETION.
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A. Final Development Plan Controls Subsequent Use. After the certificate of occupancy has been
issued, the use of the land and the construction, modification or alteration of any buildings or
structures within the planned development shall be governed by the final development plan.
B. Allowed Changes. After the certificate of occupancy has been issued, no changes shall be made in
the approved final development plan except upon application as provided below:
1. Any minor extensions, alterations or modifications of existing buildings or structures may be
authorized by the Development Review Committee if they are consistent with the purposes and intent
of the final plan. No change authorized by this section may increase the cubic volume of any building
or structure by more than 10%; and
2. Any building or structure that is totally or substantially destroyed may be reconstructed only in
compliance with the final development plan unless an amendment to the final development plan is
approved under this chapter.
C. Amendment Required for Major Changes. Any other changes in the final development plan,
including any changes in the use of common open space, must be authorized by an
amendment of the final development plan under the procedures for Zoning Amendments,
Article 3.
§ 154.7586 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES FOR A
PLANNED UNIT DEVELOPMENT
There are four stages to the PUD Process; application conference, general concept plan,
preliminary plan and final plan, as described below. All requests to establish a Planned Unit
Development shall be initiated by following the steps below.
A. Pre-Application Conference. Upon filing of Prior to submitting an application for a PUD
Sketch Plan, the applicant of the proposed PUD shall arrange for and attend a conference
with the Planning Director. The primary purpose of the conference shall be to provide the
applicant with an opportunity to gather information and obtain guidance as to the general
suitability of his or her proposal for the area for which it is proposed and its conformity to
the provisions of this subchapter before incurring substantial expense in the preparation
of plans, surveys and other data.
B. General Concept Plan PUD Sketch Plan
1. Purpose. The general concept plan PUD Sketch Plan provides an opportunity for
the applicant to submit a plan to the city showing his or her basic intent and the
general nature of the entire development without incurring substantial cost. The
plan should include the following: overall density ranges, general location of
residential and nonresidential land uses, their types and intensities, general
location of streets, paths and open space, and approximate phasing of the
development.[EB14]is the second step in the development process which gives the
applicant an opportunity to present their ideas to the Planning Commission, 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 PUD
Sketch Plan phase should be addressed within the subsequent PUD Preliminary
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Plan.
2. PUD Sketch Plan Submittal Requirements. Requests for PUD Sketch Plans shall
be filed with the Planning Director on an official application form. The
applicant’s signatures shall be provided on the application form. If the applicant is
not the fee owner of the property, the fee owner’s signature shall also be provided
on the application form, or the applicant shall provide separate written and signed
authorization for the application from the fee owner. Such application shall be
accompanied by the following information. The applicant shall submit a
minimum of 4 large scale copies and 10 reduced scale (11” X 17”) copies of all
graphics. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified requirements.
The applicant will be responsible for all expenses incurred in obtaining the
required information.
a. General Information
i. The landowner’s name and address and his/her interest in the
subject property.
ii. The applicant’s name and address if different from the landowner.
iii. The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted,
including but not limited to attorney, land planner, engineer and
surveyor.[EB15]
b. Present Status
i. The address and legal description of the property.
ii. Gross site acreage.
iii. The existing zoning classification and present use of the subject
property and all lands within 350 feet of the subject property.
iv. A map depicting the existing development of the subject property and
all land within 350 feet of the subject property and showing the
location of existing streets, property lines, easements, water mains, and
storm and sanitary sewers, with invert elevations on and within 100 feet
of the subject property.
v. Site conditions. Where deemed necessary by the city, graphic
reproductions of the existing site conditions at a scale of 1 inch equals
100 feet shall be submitted and contain the following:
a. Contours; minimum 5 foot intervals;
b.Location, type and extent of tree cover;
c. Slope analysis; and
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d.Location and extent of water bodies, wetlands, streams, and flood
plains within 300 feet of the subject property.
vi. A written narrative describing the proposed PUD, explaining the
applicant’s proposed objectives for the PUD, a listing of the proposed
modifications from current zoning as may be applicable, an explanation
of how the proposal achieves the objectives identified in §154.751 and
the proposals relationship to the City Comprehensive Plan.
vii. Statement of the estimated total number of dwelling units proposed for
the PUD and a tabulation of the proposed approximate allocations of
land use expressed in acres and as a percent of the total project area,
which shall include at least the following:
a. Calculation of the proposed density;
b.Area devoted to residential use by building type;
c. Area devoted to common open space;
d.Area devoted to public open space and public amenities;
e. Approximate area devoted to, and number of, off-street parking and
loading spaces and related access;
f. Approximate area, and floor area, devoted to commercial uses; and
g.Approximate area, and floor area, devoted to industrial or office use.
viii. Schematic drawing of the proposed development concept, including but
not limited to the general location of major circulation elements, public
and common open space, residential and other land uses.
ix. Proposed design features related to proposed streets, showing right-of-
way widths, typical cross-sections, and areas other than streets
including but not limited to pedestrian ways, utility easements and
storm water facilities.
x. A statement of intent to establish a Common Interest Community
association with bylaws and deed restrictions to include, but not be
limited to, the following:
a. Ownership, management and maintenance of defined public or
common elements;
b.Maintenance of public and private utilities; and
c. General architectural guidelines for principal and accessory structures.
xi. Proposed PUD phasing if it is to be constructed in stages during a
period of time extending beyond a single construction season, a
preliminary schedule for the development of such stages or units shall
be submitted stating the approximate beginning and completion date for
each such stage and overall chronology of development to be followed
from stage to stage
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xii. Any additional information if deemed necessary and required by the
Planning Director. The Planning Director may waive for good cause
certain information requirements not pertinent to the particular request.
3. Review of PUD Sketch Plan Proposal
a. Planning Commission
i. Upon receiving a PUD Sketch Plan proposal, the City shall schedule a
date upon which the Planning Commission will review the proposal.
ii. The Planning Director shall review the PUD Sketch Plan proposal and
prepare a report which identifies the proposed modifications from
current zoning as may be applicable, analyzes how the proposal
achieves the objectives identified in §154.751, discusses the proposal’s
relationship to the City Comprehensive Plan, and provides any other
relevant information deemed necessary to judge the proposal against
the objectives listed in § 154.751.
iii. The Planning Commission shall review the application, and upon
completing their review, shall adopt findings and recommendations on
the proposed PUD as soon as practical.
iv. The Planning Director 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.
b. City Council
i. The City Council may listen to comments from the public on the
proposed development if they deem such necessary prior to
discussing the proposed PUD Sketch plan.
ii. After consideration of the Planning Director’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.
iii. For each of the identified modifications to the underlying zoning
standards, the City Council shall take a vote (by simple majority) to
instruct the applicant as to whether the modification can be pursued
as a component of the PUD Preliminary Plan review.
4. Effect of a PUD Sketch Plan Review
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a. 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 a PUD Preliminary Plan.
b. 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.
5. Limitation of Approval. The City Council’s review of a 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.
C. PUD Preliminary Plan
1. Prerequisite. No application for a PUD Preliminary Plan will be accepted unless
an applicant’s proposal is distinctly similar to one reviewed in the completed the
PUD Sketch Plan review process which is valid upon the date of application.
2. PUD Preliminary Plan Submittal Requirements. Requests for Preliminary PUD
Plans shall be filed with the Planning Director on an official application form. The
applicant’s signatures shall be provided on the application form. If the applicant is
not the fee owner of the property, the fee owner’s signature shall also be provided
on the application form, or the applicant shall provide separate written and signed
authorization for the application from the fee owner. Such application shall be
accompanied by the following information. The applicant shall submit a
minimum of 4 large scale copies and 10 reduced scale (11” X 17”) copies of all
graphics. The application shall be considered as being officially submitted and
complete when the applicant has complied with all the specified requirements.
The applicant will be responsible for all expenses incurred in obtaining the
required information.
a. Preliminary plat and preliminary major subdivision information required by
§ 153.09.
b. General Information
i. The landowner’s name and address and his interest in the subject
property.
ii. The applicant’s name and address if different from the landowner.
iii. The names and addresses of all professional consultants who have
contributed to the development of the PUD plan being submitted,
including but not limited to attorney, land planner, engineer and
surveyor.
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iv. Evidence that the applicant has sufficient control over the subject
property to effectuate the proposed PUD, including a statement of
all legal, beneficial, tenancy and contractual interests held in or
affecting the subject property and including an up-to-date certified
abstract of title or registered property report, and such other
evidence as the City Attorney may require to show the status of title
or control of the subject property.
c. Present Status
i. The address and legal description of the property.
ii. The existing zoning classification and present use of the subject
property and all lands within 350 feet of the property.
iii. A map depicting the existing development of the property and all
land within 350 feet thereof and indicating the location of existing
streets, property lines, easements, water mains and storm and
sanitary sewers, with invert elevations on and within one hundred
feet of the property.
iv. A written statement generally describing the proposed PUD and the
market which it is intended to serve and its demand showing its
relationship to the city’s Comprehensive Plan and how the
proposed PUD is to be designed, arranged and operated in order to
permit the development and use of neighboring property in
accordance with the applicable regulations of the city.
v. A statement of the proposed financing of the PUD.
vi. Site conditions. Graphic reproductions of the existing site
conditions at a scale of one 1 inch equals 100 feet. All of the
graphics should be at the same scale as the final plan to allow easy
cross-reference. The use of overlays is recommended for ease of
analysis
a. Contours; minimum two 2 foot intervals.
b. Location, type and extent of tree cover.
c. Slope analysis.
d. Location and extent of water bodies, wetlands and streams and
flood plains within 300 feet of the property.
e. Significant rock outcroppings.
f. Existing drainage patterns
g. Vistas and significant views.
h. Soil conditions as they affect development.
vii. Schematic drawing of the proposed development concept, including
but not limited to the general location of major circulation elements,
public and common open space, residential and other land uses.
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viii. A statement of the estimated total number of dwelling units
proposed for the PUD and a tabulation of the proposed approximate
allocations of land use expressed in acres and as a percent of the
total project area, which shall include at least the following:
a. Area devoted to residential use by building type;
b. Area devoted to common open space;
c. Area devoted to public open space and public amenities;
d. Approximate area devoted to streets;
e. Approximate area devoted to, and number of, off-street parking
and loading spaces and related access;
f. Approximate area, and floor area, devoted to commercial uses;
and
g. Approximate area, and floor area, devoted to industrial or office
use.
ix. When the proposed PUD includes increases in density of residential
development above the base zoning district, a statement describing
the site amenities to be included within the PUD which
demonstrates that the proposed site amenities clearly achieve the
desired density bonus. The burden is on the applicant to
demonstrate that all site amenity standards have been met in order
to be awarded increased density for residential development.
x. If the PUD is to be constructed in stages during a period of time
extending beyond a single construction season, the applicant shall
provide a schedule for the development of such stages or units shall
be submitted stating the approximate beginning and completion
date for each such stage or unit and the proportion of the total PUD
public or common open space and dwelling units to be provided or
constructed during each such state and overall chronology of
development to be followed from stage to stage.
xi. When the proposed PUD includes provisions for public or common
open space or service facilities, provide a statement describing the
provision that is to be made for the care and maintenance of such
open space or service facilities.
xii. Any restrictive covenants that are to be recorded with respect to
property included in the proposed PUD.
xiii. Schematic utilities plans indicating placement of water, sanitary and
storm sewers.
xiv. Applicable plans must meet requirements of the City’s Engineering
Design and Construction Manual.
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xv. The City may require the submission of any additional information
or documentation which it may find necessary or appropriate to full
consideration of the proposed PUD.
xvi. Any additional information if deemed necessary and required by the
Planning Director. The Planning Director may waive for good
cause certain information requirements not pertinent to the
particular request.
3. PUD Preliminary Plan Review
a. As part of the review process for a PUD Preliminary Plan, the Planning
Director shall review the PUDs, and shall prepare a report and make a
recommendation regarding the proposed Preliminary PUD Plan for Planning
Commission and City Council consideration.
b. The Planning Director shall prepare a draft ordinance to establish the
potential PUD overlay zoning district to be established as a component of the
PUD Final Plan.
c. The Planning Commission shall hold a public hearing and report its findings
and make recommendations to the City Council on the merit, needed
changes, and suggested conditions to impose on the PUD.
d. 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.
4. 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.
5. Limitation of Approval. The City Council’s approval of a PUD Preliminary Plan
shall remain valid for a period of 180 days, unless a request for time extension is
submitted in writing and approved by the City Council.
D. PUD Final Plan
1. Application Deadline.Application for a PUD Final Plan shall be submitted for
approval within 180 days of City Council approval of the PUD Preliminary Plan
unless a written request for a time extension is submitted by the applicant and
approved by the City Council.
2. PUD Final Plan Submittal Requirements.
a. A final plat and information required by § 153.10;
b. Final plans drawn to a scale of not less than 1 inch equals 100 feet (or a
scale requested by the Zoning Administrator) containing at least the
following information:
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i. Proposed name of the development (which shall not duplicate nor
be similar in pronunciation to the name of any plat heretofore
recorded in the county where the subject property is situated);
ii. Property boundary lines and dimensions of the property and any
significant topographical or physical features of the property;
iii. The location, size, use and arrangement including height in stories
and feet and total square feet of ground area coverage and floor area
of proposed buildings, including manufactured homes, and existing
buildings which will remain, if any;
iv. Location, dimensions of all driveways, entrances, curb cuts, parking
stalls, loading spaces and access aisles, and all other circulation
elements including bike and pedestrian; and the total site coverage
of all circulation elements;
v. Location, designation and total area of all common open space;
vi. Location, designation and total area proposed to be conveyed or
dedicated for public open space, including parks, playgrounds,
school sites and recreational facilities;
vii. The location of applicable site amenities, if any;
viii. Proposed lots and blocks, if any and numbering system;
ix. The location, use and size of structures and other land uses on
adjacent properties;
x. Detailed sketches and provisions of proposed landscaping;
xi. General grading and drainage plans for the developed PUD; and
xii. Any other information that may have been required by the Planning
Commission or Council in conjunction with the approval of the
Preliminary Plan;
xiii. Detailed list of differences from the PUD Preliminary Plan (if
applicable).
c. An accurate legal description of the entire area within the PUD for which
final development plan approval is sought;
d. A detailed site plan, suitable for recording, showing the physical layout,
design and purpose of all streets, easements, rights of way, utility lines and
facilities, lots, block, public and common open space, general landscaping
plan, structure, including mobile homes, and uses;
e. Applicable plans must meet requirements of the City’s Engineering Design
and Construction Manual.
3. PUD Final Plan Review
a. The Planning Director shall generate an analysis of the final documents
against the conditions of the PUD Preliminary Plan approval, and make a
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recommendation as to whether all conditions have been met or if additional
changes are needed.
b. The Planning Director shall identify any information submittals that were
waived so Council may determine if such is needed prior to making a final
decision.
c. The Planning Director shall finalize the ordinance to establish the proposed
overlay district for consideration by the Planning Commission and City
Council.
d. The Planning Commission shall hold a public hearing on the proposed PUD
overlay district ordinance and Final PUD Plans, and shall submit a
recommendation to the City Council for consideration. Because a PUD
Preliminary Plan was previously approved, the Planning Commission’s
recommendation shall only focus on whether the Ordinance and PUD Final
Plan are in substantial compliance with the PUD Preliminary Plan and the
required conditions of approval.
e. The City Council shall then consider the recommendations of the Planning
Director, the public, and the Planning Commission; and make a decision of
approval or denial, in whole or in part, on the PUD Final Plan. A denial
shall only be based on findings that a PUD Final Plan is not in substantial
compliance with the approved PUD Preliminary Plan and/or the required
conditions of approval.
f. As a condition of PUD Final Plan approval, publication of the PUD
ordinance shall be required prior to filing of the approved final plat.
g. Planned Unit Development Agreement.
i. At its sole discretion, the City may, as a condition of approval,
require the owner and developer of the proposed PUD to execute a
development agreement which may include but not be limited to all
requirements of the PUD Final Plan.
ii. 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.
h. As directed by the City, documents related to the PUD shall be recorded
against the property.
4. Time Limit
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a. 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 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 Planning Director and shall identify the reason(s) why the extension is
necessary along with an anticipated timeline for validation of the Planned
Unit Development.
b. 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 PUD beginning at PUD Preliminary Plan.
§ 154.758 PROCEDURES FOR PROCESSING A PLANNED UNIT DEVELOPMENT.
There are four stages to the PUD process: application conference, general concept plan, preliminary
plan and final plan, as described below.
A. Application Conference. Upon filing of an application for PUD, the applicant of the proposed
PUD shall arrange for and attend a conference with the Planning Director. The primary purpose of
the conference shall be to provide the applicant with an opportunity to gather information and obtain
guidance as to the general suitability of his or her proposal for the area for which it is proposed and
its conformity to the provisions of this subchapter before incurring substantial expense in the
preparation of plans, surveys and other data.
B. General Concept Plan. The general concept plan provides an opportunity for the applicant to
submit a plan to the city showing his or her basic intent and the general nature of the entire
development without incurring substantial cost. The plan should include the following: overall
density ranges, general location of residential and nonresidential land uses, their types and intensities,
general location of streets, paths and open space, and approximate phasing of the development.
C. Preliminary Plan. Following approval of the general concept plan, the applicant shall submit a
preliminary plan application and preliminary plat, in accordance with the requirements described in §
153.07. The application shall proceed and be acted upon in accordance with the procedures in this
subchapter for zoning changes.
D. Final Plan. Following approval of the preliminary plan, the applicant shall submit a final plan
application and final plat, in accordance with the requirements described in § 153.08. The application
shall proceed and be acted upon in accordance with the procedures in this ordinance for zoning
changes. If appropriate because of the limited scale of the proposal, the preliminary plan and final
plan may proceed simultaneously.
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E. Schedule for Plan Approval
1. Developer presents the general concept plan to the Planning Commission for their review and
comment.
2. After verification by the Planning Director that the required plan and supporting data are adequate,
the Planning Commission shall hold a public hearing, with public notice.
3. The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
4. The City may request additional information from the applicant concerning operational factors or
retain expert testimony at the expense of the applicant concerning operational factors.
5. The Council may hold a public hearing after the receipt of the application, then the City Council
may proceed without the report. The Council may approve the general concept plan and attach such
conditions as it deems reasonable.
6. Following approval of the General Concept Plan, the application may proceed to the preliminary
plan phase.
7. Developer presents the preliminary plan to the Planning Commission for their review and
comment.
8. After verification by the Planning Director that the required plan and supporting data are adequate,
the Planning Commission shall hold a public hearing, with public notice.
9. The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
10. The City may request additional information from the applicant concerning operational factors or
retain expert testimony at the expense of the applicant concerning operational factors.
11. The Council may hold a public hearing after the receipt of the report and recommendations from
the Planning Commission. If the Planning Commission fails to make a report within 60 days after
receipt of the application, then the City Council may proceed without the report. The Council may
approve the preliminary plan and attach such conditions as it deems reasonable.
12. Following approval of the Preliminary Plan, the application may proceed to the final plan phase.
13. Developer presents the Final Plan to the Planning Commission for their review and comment.
14. After verification by the Planning Director that the required plan and supporting data are
adequate, the Planning Commission shall hold a public hearing, with public notice.
15. The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
16. The City may request additional information from the applicant concerning operational factors or
retain expert testimony at the expense of the applicant concerning operational factors.
17. After the receipt of the report and recommendations from the Planning Commission, the City
Council may approve the Final Plan and attach such conditions as it deems reasonable.
§ 154.759 APPLICATION REQUIREMENTS FOR GENERAL CONCEPT PLAN,
PRELIMINARY PLAN AND FINAL PLAN.
Ten copies of the following plans, exhibits and documents shall be submitted at the general concept
plan stage, preliminary plan stage and the final plan stage.
A. General Concept Plan Stage
1. General Information
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a. The landowner’s name and address and his/her interest in the subject property.
b. The applicant’s name and address if different from the landowner.
c. The names and addresses of all professional consultants who have contributed to
the development of the PUD plan being submitted, including but not limited to
attorney, land planner, engineer and surveyor.
2. Present Status
a. The address and legal description of the property.
b. The existing zoning classification and present use of the subject property and all
lands within 350 feet of the subject property.
c. A map depicting the existing development of the subject property and all land
within 350 feet of the subject property and showing the location of existing streets,
property lines, easements, water mains, and storm and sanitary sewers, with invert
elevations on and within 100 feet of the subject property.
d. Site conditions. Where deemed necessary by the city, graphic reproductions of the
existing site conditions at a scale of 1 inch equals 100 feet shall be submitted and
contain the following: i. Contours; minimum 5 foot intervals;
ii. Location, type and extent of tree cover;
iii. Slope analysis; and
iv. Location and extent of water bodies, wetlands, streams, and flood plains
within 300 feet of the subject property.
e. A written statement generally describing the proposed PUD and showing its
relationship to the City Comprehensive Plan.
f. Schematic drawing of the proposed development concept, including but not limited
to the general location of major circulation elements, public and common open space,
residential and other land uses.
g. Proposed design features related to proposed streets, showing right-of-way widths,
typical cross-sections, and areas other than streets including but not limited to
pedestrian ways, utility easements and storm water facilities.
h. Statement of the estimated total number of dwelling units proposed for the PUD
and a tabulation of the proposed approximate allocations of land use expressed in
acres and as a percent of the total project area, which shall include at least the
following:
i. Area devoted to residential use by building type
ii. Area devoted to common open space;
iii. Area devoted to public open space and public amenities;
iv. Approximate area devoted to, and number of, off-street parking and
loading spaces and related access;
v. Approximate area, and floor area, devoted to commercial uses; and
vi. Approximate area, and floor area, devoted to industrial or office use.
i. When the PUD is to be constructed in stages during a period of time extending
beyond a single construction season, a preliminary schedule for the development of
such stages or units shall be submitted stating the approximate beginning and
completion date for each such stage and overall chronology of development to be
followed from stage to stage
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j. The City may excuse an applicant from submitting any specific item of information
or document required in this stage which it finds to be unnecessary to the
consideration of the specific proposal.
k. The City may require the submission of any additional information or
documentation which it may find necessary or appropriate to full consideration of the
proposed PUD.
B. Preliminary Plan Stage
1. Preliminary plat and information required by § 153.07.
2. General Information
a. The landowner’s name and address and his interest in the subject property.
b. The applicant’s name and address if different from the landowner.
c. The names and addresses of all professional consultants who have contributed to
the development of the PUD plan being submitted, including but not limited to
attorney, land planner, engineer and surveyor.
d. Evidence that the applicant has sufficient control over the subject property to
effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy
and contractual interests held in or affecting the subject property and including an up-
to-date certified abstract of title or registered property report, and such other evidence
as the City Attorney may require to show the status of title or control of the subject
property.
3. Present Status
a. The address and legal description of the property.
b. The existing zoning classification and present use of the subject property and all
lands within 350 feet of the property.
c. A map depicting the existing development of the property and all land within 350
feet thereof and indicating the location of existing streets, property lines, easements,
water mains and storm and sanitary sewers, with invert elevations on and within one
hundred feet of the property.
d. A written statement generally describing the proposed PUD and the market which
it is intended to serve and its demand showing its relationship to the city’s
Comprehensive Plan and how the proposed PUD is to be designed, arranged and
operated in order to permit the development and use of neighboring property in
accordance with the applicable regulations of the city.
e. A statement of the proposed financing of the PUD.
f. Site conditions. Graphic reproductions of the existing site conditions at a scale of
one 1 inch equals 100 feet. All of the graphics should be at the same scale as the final
plan to allow easy cross-reference. The use of overlays is recommended for ease of
analysis
i. Contours; minimum two 2 foot intervals.
ii. Location, type and extent of tree cover.
iii. Slope analysis.
iv. Location and extent of water bodies, wetlands and streams and flood
plains within 300 feet of the property.
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v. Significant rock outcroppings.
vi. Existing drainage patterns
vii. Vistas and significant views.
viii. Soil conditions as they affect development.
g. Schematic drawing of the proposed development concept, including but not limited
to the general location of major circulation elements, public and common open space,
residential and other land uses.
h. A statement of the estimated total number of dwelling units proposed for the PUD
and a tabulation of the proposed approximate allocations of land use expressed in
acres and as a percent of the total project area, which shall include at least the
following:
i. Area devoted to residential use by building type;
ii. Area devoted to common open space;
iii. Area devoted to public open space and public amenities;
iv. Approximate area devoted to streets;
i. When the proposed PUD includes increases in density of residential development
above the base zoning district, a statement describing the site amenities to be included
within the PUD, and demonstrating that the proposed site amenities sufficiently
achieve the desired density bonus. Applicant is required to demonstrate that all site
amenity standards have been met in order to be awarded increased density for
residential development.
j. When the PUD is to be constructed in stages during a period of time extending
beyond a single construction season, a schedule for the development of such stages or
units shall be submitted stating the approximate beginning and completion date for
each such stage or unit and the proportion of the total PUD public or common open
space and dwelling units to be provided or constructed during each such state and
overall chronology of development to be followed from stage to stage.
k. When the proposed PUD includes provisions for public or common open space or
service facilities, a statement describing the provision that is to be made for the care
and maintenance of such open space or service facilities.
l. Any restrictive covenants that are to be recorded with respect to property included
in the proposed PUD.
m. Schematic utilities plans indicating placement of water, sanitary and storm sewers.
n. The City may excuse an applicant from submitting any specific item of
information or document required in this stage which it finds to be unnecessary to the
consideration of the specific proposal.
o. The City may require the submission of any additional information or
documentation which it may find necessary or appropriate to full consideration of the
proposed PUD.
C. Final Plan Stage. Development stage submissions should depict and outline the proposed
implementations of the Preliminary Plan stage for the PUD. Information from the general concept
and preliminary plan stages may be included for background and to provide a basis for the submitted
plan. The development stage submissions shall include but not be limited to:
1. A final plat and information required by § 153.08;
2. Final plans drawn to a scale of not less than 1 inch equals 100 feet (or a scale requested by
the Zoning Administrator) containing at least the following information:
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a. Proposed name of the development (which shall not duplicate nor be similar in
pronunciation to the name of any plat heretofore recorded in the county where the
subject property is situated);
b. Property boundary lines and dimensions of the property and any significant
topographical or physical features of the property;
c. The location, size, use and arrangement including height in stories and feet and
total square feet of ground area coverage and floor area of proposed buildings,
including manufactured homes, and existing buildings which will remain, if any;
d. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading
spaces and access aisles, and all other circulation elements including bike and
pedestrian; and the total site coverage of all circulation elements;
e. Location, designation and total area of all common open space;
f. Location, designation and total area proposed to be conveyed or dedicated for
public open space, including parks, playgrounds, school sites and recreational
facilities;
g. The location of applicable site amenities, if any;
h. Proposed lots and blocks, if any and numbering system;
i. The location, use and size of structures and other land uses on adjacent properties;
j. Detailed sketches and provisions of proposed landscaping;
k. General grading and drainage plans for the developed PUD; and
l. Any other information that may have been required by the Planning Commission or
Council in conjunction with the approval of the Preliminary Plan;
3. An accurate legal description of the entire area within the PUD for which final
development plan approval is sought;
4. A tabulation indicating the number of residential dwelling units and expected population;
5. Density calculations, including proposed density bonuses above the base zoning district.
To be granted increased density of residential development, the applicant must submit a
schedule of site amenities with proposed designs and standards. The applicant must
demonstrate that site amenity standards in Table 15-2 have been met to be rewarded
additional density;
6. A tabulation indicating the gross square footage, if any, of commercial and industrial floor
space by type of activity (e.g. retail or office);
7. Preliminary architectural “typical” plans indicating use, floor plan, elevations and exterior
wall finishes of proposed building, including manufactured homes;
8. A detailed site plan, suitable for recording, showing the physical layout, design and
purpose of all streets, easements, rights of way, utility lines and facilities, lots, block, public
and common open space, general landscaping plan, structure, including mobile homes, and
uses;
9. Preliminary grading and site alteration plan illustrating changes to existing topography and
natural site vegetation. The plan should clearly reflect the site treatment and its conformance
with the approved concept plan; and
10. A soil erosion control plan acceptable to watershed districts, Department of Natural
Resources, Natural Resources Conservation Service, or any other agency with review
authority, clearly illustrating erosion control measures to be used during construction and as
permanent measures.
(Ord. 08-070, passed 2-19-2013) [EB16]
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§ 154.760 CITY COSTS.
The applicant shall make a deposit of a fee escrow with the City for the purpose of reimbursing any
costs directly related to a given development. Such costs include but are not limited to professional
fees and expenses incurred by the City for consultants (including but not limited to planners,
engineers, architects and attorneys) who the City determines in its sole judgment are necessary to
assist in reviewing, implementing or enforcing the provisions of this article. The amount of the
deposit, and any addition to it that the City may later require, shall be established by the Planning
Director. The City and the applicant may agree to share the costs of consultants based upon a specific
written agreement. Any funds not used by the City shall be returned to the applicant at the conclusion
of the project.
(Ord. 08-070, passed 2-19-2013)[EB17]
§ 154.757 PUD AMENDMENTS
Approved 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 a PUD amendment.
A. Amendments to Existing Planned Unit Development. Shall be processed as one of the
following:
1. Administrative Amendment. The Planning Director may approve minor changes if
such changes are required by engineering or other circumstances, provided the
changes conform to the approved PUD overlay district intent and are consistent with
all requirements of the 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 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 City to be consistent with the intent of the
original PUD approval, but are technically necessary due to construction of the
adopted PUD district language.
3. PUD Amendment. Any change not qualifying for an administrative amendment or an
ordinance amendment shall require a PUD amendment. An application to amend a
PUD shall be administered in the same manner as that required for a new PUD
beginning at PUD Preliminary Plan.
§ 154.758 CONTROL OF PLANNED UNIT DEVELOPMENT FOLLOWING COMPLETION.
A. Final Development Plan Controls Subsequent Use. After the certificate of occupancy has
been issued, the use of the land and the construction, modification or alteration of any
26
buildings or structures within the planned development shall be governed by the final
development plan.
B. Allowed Changes. After the certificate of occupancy has been issued, no changes shall be
made in the approved final development plan except upon application as provided below:
1. Any minor extensions, alterations or modifications of existing buildings or
structures may be authorized by the Development Review Committee if they are
consistent with the purposes and intent of the final plan. No change authorized by
this section may increase the cubic volume of any building or structure by more
than 10%; and
2. Any building or structure that is totally or substantially destroyed may be
reconstructed only in compliance with the final development plan unless an
amendment to the final development plan is approved under this chapter.[EB18]
C. Amendment Required for Major Changes. Any other changes in the final development
plan, including any changes in the use of common open space, must be authorized by an
amendment of the final development plan under the procedures for Zoning Amendments,
Article 3.[EB19]
(Ord. 08-070, passed 2-19-2013)
§ 154.758 PUD CANCELLATION
A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance
rescinding the PUD district. 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; has become void; or other applicable findings in accordance with law.
§ 154.759 ADMINISTRATION
In general, the following rules shall apply to all PUDs:
A. Rules and regulations. No requirement outlined in the 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 a
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 PUD plan.
C. Effect on Conveyed Property. In the event that any real property in an approved PUD is
conveyed in total, or in part, the new owners thereof shall be bound by the provisions of the
PUD zoning district.
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SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 08-221 was adopted on this ______ day of ___
2018, by a vote of ___ Ayes and ___ Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Mike Pearson, Mayor
ATTEST:
_________________________________
Julie Johnson, City Clerk
This Ordinance 08- was published on the ____ day of ___________________, 2018.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2018-098
RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08- BY TITLE
AND SUMMARY
WHEREAS, the City Council of the City of Lake Elmo has adopted Ordinance No. 08-, an
ordinance amending the City Code of Ordinances by amending the City’s provisions related to the
City Council; and
WHEREAS, the Ordinances are lengthy; and
WHEREAS, Minnesota Statutes Section 412.191, subdivision 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; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo,
that the City Clerk shall cause the following summary of Ordinance No. 08- 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-, which amends Chapter
154: Zoning Code; Article XVII: Planned Unit Development (PUD) Regulations, by:
• Clarifying intent and outlining basis for denial.
• Allowing uses within a PUD to be permitted, conditional or interim.
• Allowing additional flexibility for impervious surface and landscaping standards.
• Removing contained parking and preservation of natural features as amenities that may
earn the developer additional density and adding affordable housing as an amenity.
• Amending the review procedure by limiting the amount of time sketch plans are valid to
six months; removing the requirement that Council approve a PUD sketch (concept) plan
and instead outlining a process in which the Council votes on modifications proposed to
the underlying zoning standards to instruct the applicant as to whether such a modification
can be pursued during the preliminary plan review; clarifying that the sketch plan is
primarily for information purposes; requiring that the Preliminary PUD Plans be distinctly
similar to the PUD Sketch Plan; limiting the valid time period of Preliminary PUD Plans
to 180 to be consistent with the City’s preliminary plat requirements; requiring that
construction commence within one year of final PUD approval.
• Setting forth provisions for administrative amendments, PUD ordinance amendments,
PUD Plan amendments, and PUD cancellations.
• The public hearing requirement for sketch plans are eliminated.
The full text of Ordinance No. 08- and Ordinance No. 08- is available for inspection at Lake Elmo
city hall during regular business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City
Administrator keep a copy of the Ordinance at City Hall for public inspection and that a copy be
placed for public inspection at the Lake Elmo Public Library.
Dated: August 21, 2018.
Mike Pearson, Mayor
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.