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HomeMy WebLinkAbout#09 - PUD Ordinance Amendment1 STAFF REPORT DATE: November 4, 2020 REGULAR TO: City Council FROM: Ken Roberts, Planning Director AGENDA ITEM: Lake Elmo Planned Unit Development Code Amendments REVIEWED BY: Ben Prchal, City Planner BACKGROUND: City staff has been directed to prepare amendments to the City’s PUD ordinance (Article XIX). The requested changes include removing the possibility of a developer getting amenity points for contained parking within a PUD. In addition, there are some aspects of the PUD ordinance the City could amend to clarify processes, update application requirements and to meet current City standards and practices. As such, staff has included several other changes to the PUD ordinance as part of this review. REVIEW HISTORY: The City has reviewed and considered revisions to the PUD ordinance several times in the last few years. On August 21, 2018, the City Council considered proposed amendments to the PUD ordinance. The City Council requested the ordinance be brought back to the Planning Commission for discussion on why affordable housing warranted ten amenity points for additional density and provide the Council a detailed explanation as to why. On January 15, 2019, the City Council considered updates to the PUD ordinance including language about radon mitigation systems in Table 16-2 (Amenities) and about affordable housing. In the end, the City Council did not approve any changes to the PUD ordinance as the motion to approve the changes to the ordinance failed on a 2-2 vote. (Mayor Pearson was not in attendance at this meeting). On August 18, 2020, the City Council approved several amendments to the City’s PUD ordinance, the OP PUD ordinance and the Subdivision ordinance. The primary changes to the ordinances were to drop the concept plan and sketch plan review of PUD’s and subdivisions by the Planning Commission and City Council and instead require applicant’s to have a pre-application meeting with City staff to review proposals. ISSUE BEFORE THE CITY COUNCIL: The City Council is being asked to consider and act on the proposed amendments to the City’s PUD ordinance. REVIEW AND ANALYSIS: 2 Zoning and subdivision regulations (including PUD ordinances) allow cities to ensure that a new development or redevelopment meets the standards of the city for a safe, functional and enjoyable community. Importantly, PUD regulations can help the City preserve and enhance important natural resources and environmental features by allowing flexibility in the design standards for a specific site through careful and sensitive placement of buildings and facilities. Background Information and Proposed Changes Amenity Points Section 154.754 of the City’s PUD ordinance has the standards for increasing density in a PUD and outlines the process for considering and reviewing proposed amenities (for possible amenity points) within a PUD. Developers may request City approval of amenity points for including one or all of the amenities listed in the City Code. The types of design elements or features listed in the Code that may be worthy of amenity points include: Underground or structure parking Historic preservation Additional Open space Public Right-of-Way Dedication Fire Sprinkler Systems Contained Parking (proposed to be removed) Leadership in Energy and Environmental Design (LEED) Pedestrian Improvements Adaptive Reuse Plaza Enhanced Landscaping Enhanced Storm Water Management Theming Natural Features Other Proposed Changes Staff is proposing several other changes to the PUD ordinance based on reviews and comments from other staff persons. These include clarifying the intent of the PUD Ordinance, updated submittal requirements for applications, the review steps for preliminary and final PUD requests and adds clarifying language about PUD amendments (Section 154.757.) Many of these proposed changes were included in the proposed amendments to the PUD ordinance the City Council considered in 2019. I have shown these particular proposed changes in red for ease in review. FISCAL IMPACT: Staff does not foresee a negative fiscal impact with the proposed amendments to the PUD ordinance. OPTIONS: The City Council may: 3 • Adopt the Ordinance with the proposed amendments to the PUD ordinance. • Adopt some of the proposed amendments in the Ordinance and/or make changes to the proposed amendments in the Ordinance. • Decide not to adopt the Ordinance. RECOMMENDATIONS: Staff is recommending approval of the proposed changes to the Lake Elmo PUD ordinance. “Motion to adopt Ordinance 08- 240, an Ordinance amending several sections of the PUD ordinance as proposed by City staff.” If the City Council adopts the Ordinance with the proposed code changes, then City staff would recommend approval of a Resolution authorizing summary publication for the adopted ordinance. “Move to approve Resolution 2020 - 093, which is a summary publication of Ordinance 08-240.” ATTACHMENTS • Proposed Ordinance No. 08- 240 (which includes amendments to the Lake Elmo PUD Ordinance (Article XIX) • Resolution 2020 - 093 (for summary publication) CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-240 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING THE VARIOUS PORTIONS THE PLANNED UNIT DEVELOPMENT (PUD) (ARTICLE XIX) REGULATIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV Land Use: Chapter 154 Zoning Code; Article XIX Planned Unit Development: by amending Sections 154.750 through Section 154.760 Planned Unit Development (PUD) Standards; by adding the underlined language and deleting the strikethrough language as follows: ARTICLE XIX. 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 for City approval under the standard applicable zoning district if the City determines the 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. 2 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. 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. § 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 in the list of uses approved in 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. 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. 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 underlying zoning district. 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 maximum gross floor area or floor area ratio the maximum impervious surface by up to 20 percent as measured 3 over the entire project site 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 techniques approved by City staff 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 § 154.209. 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 City 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 City 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 City Council may authorize flexible landscaping approaches and/or tree preservation and replacement standards that better address on-site needs or may require specialized landscaping and/or screening plans that address adjacent property concerns. § 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 acres may be developed as a PUD only if the after a sketch plan review, and the Planning Commission City 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 City’s 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 public[KH1] open space. Other public or site amenities may 4 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. Wetlands and other 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. 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. § 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 Pplanned Uunit Ddevelopment are required to provide at least 1 or a combination of site amenities that equal the required amount of amenity points 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 every increase in amenity points for a Planned Unit Development, the applicant will be allowed an equivalent amount of density increase, up to a maximum increase of 20%. Table 16-1 outlines the required amount of amenity points to achieve various density increases. Table 16-1: Amenity Points and Equivalent Density Increases Amenity Points Density Increase 5 5% 10 10% 15 15% 20 20% B. Site Amenities. Site amenities that are eligible for amenity points are listed in Table 16-2, 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. The City is not requiring the installation or use of any of these amenities. 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. C. Site Amenities Not Listed. The City may also consider the allotment of amenity points for site amenities that are not otherwise specified within this article as part of the preliminary plan phase of the planned unit development. 5 Table 16-2: 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. Points Amenity Standards 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 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 cCity. This amenity is separate from underground or structure parking. 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 6 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. 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. Points Amenity Standards 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 standards. § 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 plat 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. 7 § 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. (Note: See Section 154.759 C. 4.) 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 Planning Director 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 the Planning Director finds 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 the Planning Director shall forward this information to the City Council for their consideration and possible action. D. Guarantees. A financial guarantee or letter of credit shall be required to guarantee performance by the developer. The amount of this financial 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. E. Changes During Development Period. (Note: See Section 154.760 A) 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. 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 unit development shall be governed by the final development plan. 8 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 article. 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. § 154.758 PROCEDURES FOR PROCESSING A PLANNED UNIT DEVELOPMENT. There are three stages to the PUD process: application conference, preliminary plan and final plan, as described below. A. Application Conference. Before filing of an application for PUD with the City, the applicant of the proposed PUD shall arrange for and attend a conference with the Planning Director, the City Engineer and other City staff. 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. B. Preliminary Plan. Following the pre-application conference, the applicant may 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 article for zoning changes. C. C. 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 article for zoning changes. If appropriate because of the limited scale of the proposal, the preliminary plan and final plan may proceed simultaneously. D. D. Schedule for Plan Approval 1. 1. Developer has a pre-application conference with City staff for their review and comment of the proposed PUD. 2. 2. Following the pre-application conference with City staff, the application may proceed to the preliminary plan phase. 9 3. 3. The developer presents the preliminary plan to the Planning Commission for its review and comment. 4. 4. After verification by the Planning Director that the required plan and supporting data are adequate, the Planning Commission shall hold a public hearing about the proposed preliminary PUD plan, with public notice. 5. 5. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. 6. 6. 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. 7. 7. The City 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 City Council may approve the preliminary plan and attach such conditions as it deems reasonable. 8. 8. Following City Council approval of the Preliminary Plan, the application may proceed to the final plan phase. 9. 9. The Developer must presents the Final Plan to the Planning Director for his or her review and comment. 10. 10. After verification by the Planning Director that the required Final Plan and supporting data are adequate, the Planning Commission shall hold a public hearing, with public notice. 11. 11. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. 12. 12. 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. 13. 13. 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 PRE-APPLICATION CONFERENCE, PRELIMINARY PLAN AND FINAL PLAN. Five copies of the following plans, exhibits and documents shall be submitted to the City before at the pre-application conference, and as part of preliminary plan stage and the final plan stage applications. A. Pre-application conference 1. General Information 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. 10 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. 11 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. 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. PUD Preliminary Plan Stage 1. PUD Preliminary Plan Submittal Requirements. Requests for Preliminary PUD Plans shall be filed with the Planning Director on an official City 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 met 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 and the applicant’s interest in the subject property. 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, landscape architect, 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 title commitment or certificate of title and such other evidence as the City Attorney may require to show the status of title or control of the subject property. 12 1. Present Status a. The address, property identification number (PID) 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. 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; 13 iv. Approximate area devoted to streets; v. Approximate area devoted to, and number of, off-street parking and loading spaces and related access; vi. Approximate area, and floor area, devoted to commercial uses; and vii. Approximate area, and floor area, devoted to industrial or office use. 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. The Aapplicant 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 infrastructure and systems. n. Applicable plans must meet or exceed the requirements of the City’s Engineering Design and Construction Manual. o. Any additional information 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. p. 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. q. 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. 2. PUD Preliminary Plan Review a. As part of the review process for a PUD Preliminary Plan, the Planning Director shall review the PUD, and shall prepare a report and make a recommendation about the proposed Preliminary PUD Plan for Planning Commission and City Council consideration. 14 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 the City should 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 before the filing of any future final plat. 3. Effect of a PUD Preliminary Plan Review. The approved PUD Preliminary Plan governs the preparation of the PUD Final Plan. The applicant or developer shall submit the proposed [KH2]PUD Final plan to the City for final approval in accordance with the requirements of this Article. 4. 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 of up to one year [KH3]is submitted in writing to the City and approved by the City Council. (See Section C4 below about PUD time limits.) C. PUD Final Plan Stage. 1. Application Deadline. The applicant or developer shall submit an application for a PUD Final Plan to the City 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. Development and PUD final plan stage submissions should depict and outline the proposed implementations of the Preliminary Plan stage for the PUD. Information from the pre-application conference 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: a. A final plat and information required by § 153.08; b. Final plans drawn to a scale of not less than 1 inch equals 100 feet (or a scale requested by the Planning Director) containing at least the following information: 1. 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); 2. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property; 15 3. An accurate legal description of the entire area within the PUD for which final development plan approval is sought; 4. 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; 5. 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, trails, landscaping and screening, structures and uses; 6. Applicable plans must meet or exceed the requirements of the City’s Engineering Design and Construction Manual. b. A tabulation indicating the number of residential dwelling units and expected population; c. 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; d. A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. retail or office); e. Preliminary architectural “typical” plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including manufactured homes; f. 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; g. Location, designation and total area of all common open space; h. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities; i. The location of applicable site amenities, if any; j. Proposed lots and blocks, if any and numbering system; k. The location, use and size of structures and other land uses on adjacent properties; l. Detailed plans sketches and provisions of proposed landscaping and screening; m. Preliminary grading, drainage 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 preliminary PUD plan; and n. A soil erosion control plan acceptable to watershed districts, the Department of Natural Resources, or any other agency with review authority, clearly illustrating erosion control measures to be used during construction and as permanent measures. 16 o. Applicable plans must meet or exceed the requirements of the City’s Engineering Design and Construction Manual. p. Any other information that may have been required by the Planning Commission or City Council in conjunction with the approval of the Preliminary Plan. General grading and drainage plans for the developed PUD; and q. 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; r. 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 preliminary plan; and s. A soil erosion control plan acceptable to watershed districts, the Department of Natural Resources, or any other agency with review authority, clearly illustrating erosion control measures to be used during construction and as permanent measures. 3. PUD Final Plan Review a. The Planning Director shall prepare an analysis of the final documents against the conditions of the PUD Preliminary Plan approval and shall make a recommendation as to whether all conditions have been met or if the applicant needs to make additional changes to the project plans. b. The Planning Director shall identify any information submittals that were waived so the City Council may determine if such is needed before 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 their consideration. Because the City Council previously approved a PUD Preliminary Plan for the site, 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 City Council denial shall only be based on findings that a PUD Final Plan is not 17 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 before 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 that 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 installation or development of all improvements called for by the City and outlined in the development agreement. h. As directed by the City, the applicant or developers shall record with Washington County all documents related to the PUD 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 by the City Council. Failure to meet this deadline shall render the PUD Final Plan approval void. Notwithstanding this time limitation, the City Council may approve time extensions for validation of an approved PUD 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. The City shall administer and process an application to reinstate a PUD that was voided for not meeting the required time limit for validation and implementation in the same manner as a new PUD beginning at PUD Preliminary Plan. 18 § 154.760 PUD AMENDMENTS PUDs approved by the City 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 to an approved PUD such as location, placement and height of structures 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 PUD amendment allow additional residential lots or additional residential units to an approved PUD. The Planning Director may allow changes to designated uses established as part of the PUD if the City determines the proposed use changes would be substantially similar to the permitted uses approved by the City for the PUD. An Administrative Amendment shall be memorialized via letter signed by the Planning Director and recorded at Washington County 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. The City shall administer and process an application to amend a PUD in the same manner as the City requires for a new PUD beginning at PUD Preliminary Plan. Such major changes requiring City approval of a PUD amendment are those that, as determined by the Planning Director, substantially change the basic design, density, open space, similar requirements or provisions of the approved PUD. § 154.761 PUD CANCELLATION The City shall only cancel and revoke a PUD upon the City Council adopting an ordinance rescinding the PUD district. Cancellation of a PUD by the City Council shall include findings that demonstrate 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. 19 § 154.762 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. The City will not grant or issue a building permit 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 a City-approved PUD is conveyed in total, or in part, the new owners thereof shall be bound by the provisions of the PUD zoning district. § 154.760 763 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, landscape 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. 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 08-240 was adopted on this ______ day of ___ 2020, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor 20 ATTEST: _________________________________ Julie Johnson, City Clerk This Ordinance 08-240 was published on the ____ day of ___________________, 2020. 21 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2020-093 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE 08-240 WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 08-240, an ordinance amending the City’s PUD ordinance (Article XIX). The requested changes are to clarify the intent of the PUD Ordinance, update the submittal requirements for applications, add the review steps for preliminary and final PUD requests and adds clarifying language about PUD amendments (Section 154.760.) WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo, that the City Clerk shall cause the following summary of Ordinance No. 08-240 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. 08-240, which amends the City Code language in Article XIX (the PUD ordinance). The requested changes are to clarify the intent of the PUD Ordinance, update the submittal requirements for applications, add the review steps for preliminary and final PUD requests and adds clarifying language about PUD amendments (Section 154.760.) The following is a summary of the adopted ordinance language: - Clarifies the intent of the PUD ordinance - Updated the submittal requirements - Adds language for the review steps for PUDs - Adds clarifying language about PUD amendments - Makes other additions, modification and corrections. The full text of Ordinance No. 08-240 is available for inspection at Lake Elmo City Offices 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 full copy of the ordinance be placed in a public location within the City. Dated: November 4, 2020 ___________________________________ Mayor Mike Pearson ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL) The motion for the adoption of the foregoing resolution was duly seconded by member _____________________ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: Whereupon said resolution was declared duly passed and adopted.