HomeMy WebLinkAbout#04 - PUD Objectives & RequirementsSTAFF REPORT
DATE: 12/13/2022
DISCUSSION
TO: City Council FROM: Molly Just, Planning Director
Ben Hetzel, City Planner AGENDA ITEM: PUD Objectives/Requirements
BACKGROUND: At the October 11, 2022 City Council workshop, Council directed staff to research the City’s Planned Unit Development Objectives and Requirements listed in Article XVIII Planned Unit Development (PUD) Regulations. The Identified Objectives in Section 105.12.1130 are
considered by the City when reviewing PUD requests and are viewed as a benefit to the City. Objectives are useful tool to accomplish the priorities and goals of the City. When reviewing PUD requests, the City of Lake Elmo requires the applicant to demonstrate that at least one or more of the identified objectives are being served or achieved.
Minimum Requirements. The Minimum Requirements of Section 105.12.1150 currently consists of three requirements that every PUD request must meet in order to qualify for a PUD. Minimum requirements are important to establish a threshold to assure that every new development does not request flexibility from the requirements of the code. The current
minimum requirements are provided below.
105.12.1150 Minimum Requirements a) Development area. A PUD must include a minimum of five (5) acres. Tracts of less than five (5) acres may be developed as a PUD only if the City Council determines that the following applies:
1. The proposed project is of superior design and can achieve one (1) or more of the identified objectives listed in LEC 105.12.1130; and 2. 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 percent of the project area not within street rights-
of-way shall be preserved as protected open space. Other 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. Wetlands and other land reserved for stormwater 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.
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Staff have made changes to the PUD site amenities table. A developer may provide the site amenities described and in return receive bonus density. Staff is requesting that Council review the proposed changes to assure the intent of Council is being captured.
Objectives. The Identified Objectives in Section 105.12.1130 are considered by the City when
reviewing PUD requests and are viewed as a benefit to the City. Objectives are a useful tool to accomplish the priorities and goals of the City. When reviewing PUD requests, the City of Lake Elmo requires the applicant to demonstrate that at least one of the identified objectives are met.
105.12.1130 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. 1. Innovation in land development techniques that may be more suitable for a given parcel than conventional approaches. 2. Promotion of integrated land uses, allowing for a mixture of residential, commercial, and
public facilities.
3. 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. 4. 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. 5. Preservation and enhancement of important environmental features through careful and sensitive placement of buildings and facilities. 6. Preservation of historic buildings, structures or landscape features.
7. Coordination of architectural styles and building forms to achieve greater compatibility
within the development and surrounding land uses. 8. Creation of more efficient provision of public utilities and services, lessened demand on transportation, and the promotion of energy resource conservation. 9. 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.
10. Higher standards of site and building design than would otherwise be provided under conventional land development technique. Amenity Table. The City Council has also directed staff to update the PUD site amenities table.
An applicant may obtain density over that allowed in the Comprehensive Plan by providing any
from among an approved list of amenities (Section 105.12.1160 Density). Included in this report is the draft updated table. Staff is requesting that Council review the proposed changes to ensure that the Council’s intent is met.
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PUD Code History
The PUD code was initially adopted in 2013. Since 2013, no changes have been made to the
Identified Objectives. On November 4, 2020 several amendments to the PUD code were approved by City Council. The amendments included removing the minimum requirement of two acres to qualify for a PUD
on developed land.
ISSUE BEFORE CITY COUNCIL: Should the City make amendments to the PUD Identified Objectives and Minimum Requirements?
PROPOSAL DETAILS/ANALYSIS: Staff have reviewed and compared the current identified objectives and minimum requirements against other communities and the 2040 Comprehensive Plan. Staff compared Lake Elmo’s PUD code to Hugo, Woodbury, Cottage Grove, and Forest Lake. The items in blue are
consistent with Lake Elmo’s PUD Code and the items in green are recommended for Council
consideration to add to the City’s PUD code. Forest Lake The City of Forest Lake identifies five benefits that may result from a PUD that are similar to
objectives. Forest Lake also states minimum requirements. The identified benefits and
minimum requirements are shown below. Benefits resulting from a PUD may include the following opportunities. a) To promote more efficient and effective use of land, open space, and public facilities;
b) To preserve, enhance, and protect desirable site characteristics, open spaces, and valuable
natural resources; c) To benefit from new technology in building design and construction; d) To encourage variety in the organization and site elements, land uses, building densities, and building types and to promote higher standards of site and building design for all
PUD projects;
e) To assure that the development of a complex unit of associated uses is planned as a single entity and to effectuate the policies and standards of the Comprehensive Plan. Minimum Lot Area for residential PUDS
1) The minimum total land area for a PUD shall be 7.5 acres of contiguous upland
(excluding wetlands). Tracts of land less than 7.5 acres contiguous upland (excluding wetlands) may qualify only if the applicant can show that the minimum lot area requirement should be waived because a PUD is in the public interest and that 1 or more of the following conditions exist:
a. Unusual physical features of the property itself or of the surrounding
neighborhood are such that development under the standard provisions of the normal district would not allow a physical or terrain feature of importance to the neighborhood or community to be preserved; b. The property is adjacent to or across the street from property that has been
developed under the provisions of this section and will contribute to the amenities
of the neighborhood;
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c. The development of the property as a PUD will provide the city with other
significant on-site or off-site benefits or amenities Hugo The City of Hugo does not have a set of minimum requirements to qualify for a PUD. The
purpose and intent section of the code lists seven criteria that all PUD requests are evaluated
against. The applicant is required to demonstrate that the PUD request aligns with any of the following criteria. 1) The establishment of PUD zoning districts in appropriate settings and situations, to
create or maintain a development pattern that complies with the city's comprehensive
plan. 2) The mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this chapter. 3) Variations to the strict application of the land use regulations in this chapter in order
to improve site design and operation, while at the same time incorporating design
elements (e.g., construction materials, landscaping, lighting, open space, etc.) that exceed the city's standards to offset the effect of any variations. 4) A more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic
viability, and general welfare of the city.
5) Preservation and enhancement of natural features and open spaces, including but not limited to the width expansion of greenway corridors, conservation of wooded areas, development of buffer areas, reduction of impervious surface, and utilization of joint facilities and utilities.
6) Maintenance or improvement for the efficiency of public streets and utilities.
7) Establishment of appropriate transitions between differing land uses. Woodbury Similar to Hugo, the City of Woodbury does not specify minimum requirements. There are a set
of six purposes that PUD requests are evaluated against. The Woodbury PUD code does
reference objectives which are outlined in the comprehensive plan for bonus density. Bonus density may be granted if the proposed project meets certain objectives outlined in the comprehensive plan.
The purposes of this article are:
a) To encourage a more creative and efficient development of land and its improvements through the preservation of natural features and/or desirable site characteristics than possible under strict application of zoning and subdivision requirements.
b) To meet the goals and policies of the comprehensive plan and adopted master plans of the
city while preserving the health, safety, and welfare of its residents. c) To allow for the potential mixture of compatible uses in an integrated and well-planned area. d) To increase public open space or greenways and/or to ensure concentration of open space
into more usable areas and preservation or restoration of natural resources.
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e) To facilitate the economical and efficient provision of streets and public utilities and to
prevent development that would burden the existing tax base or in areas without adequate
public improvements. f) To facilitate developments that provide a benefit to the city as a whole, through, but not limited to, higher standards of architectural and site design, enhanced or innovative public infrastructure, sustainable design, provision of life-cycle and/or affordable
housing, redevelopment or expanded transportation options.
Cottage Grove The City of Cottage Grove identifies eight purposes that a PUD request can meet that could be considered objectives. The code does not identify a minimum amount of purposes to be met, nor
does it identify a set of minimum requirements to qualify for a PUD. Each PUD request is
evaluated against the following eight purposes: A. Flexibility in land development and redevelopment without the use of the variance process, in order to utilize new techniques of building design, construction and land
development, rather than the city establishing rigid maximum limits within which
developers must perform; B. Provision of lifecycle housing to all income and age groups; C. Energy conservation through the use of more efficient building designs and siting and the clustering of buildings and land uses;
D. Protect and preserve valuable natural resources and amenities to ensure a higher quality
of environmental conservation; E. More efficient and effective use of land, open space and public facilities through mixing of land uses and assembly and development of land into larger parcels; F. High quality of design and design compatible with surrounding land uses, including both
existing and planned;
G. Sensitive development in transitional areas located between different land uses and along significant transportation or scenic corridors within the city; and H. Development which is consistent with the Comprehensive Plan. PUD BONUS DENSITY AMENITIES TABLE 16-1 At the December 6, 2022 City Council meeting, staff was provided further clarification from Council on which PUD site amenities they would like to see added, removed, or edited. Staff
felt it beneficial to provide the final changes to Council before bringing amendments back to a
regular Council meeting. The below direction was given to staff at the December 6th City Council meeting. Each change is highlighted in Table 16-2.
• Make the single family residential Stormwater Reuse Irrigation a scaled point amenity.
• Delete the Additional Open Space amenity.
• Add clarification to the Natural Features amenity.
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Table 16-2: Site Amenities
Points Amenity Standards
5--10
Underground or
structure parking Single Family Stormwater
Reuse
Irrigation
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 percent. Amenity points will be
awarded based upon the amount of surface parking stalls reduced
(between 25--50 percent). For every additional five percent of surface parking stalls reduced above 25 percent, the applicant will be awarded one additional amenity point, up to a maximum of ten amenity points. The facade of any underground or structure parking
areas must match the architectural design of the principal structure.
Single family detached and single family attached residential developments. A minimum of 50 percent of the total area to be sodded and landscaped shall be irrigated by stormwater reuse systems. One amenity point shall be rewarded for every additional
10 percent of the total sodded and landscaped area that is irrigated by
stormwater reuse. All stormwater reuse systems shall meet the requirements of the City of Lake Elmo Stormwater Reuse Irrigation Design Standards.
10 1-10
Historic
preservation Renewable energy
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.
A minimum of 10 percent of the total electricity usage shall be
derived from renewable energy sources through onsite generation. One amenity point shall be rewarded for every additional 10 percent of the total electricity usage generated by onsite renewable energy sources. The Renewable energy site amenity may be used in
conjunction with the Leadership in energy and environmental design
site amenity.
10 Additional open space
A minimum of 50 percent of the site not occupied by buildings shall
be landscaped outdoor open space. A minimum of 50 percent 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
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scope of the immediate project area. Right-of-way improvements should be designed per the specification of the city engineer.
5
Multifamily Stormwater
Reuse
Irrigation
Multifamily residential developments. 100 percent of the total area to be sodded and landscaped shall be irrigated with stormwater reuse
systems. All stormwater reuse systems shall meet the requirements
of the City of Lake Elmo Stormwater Reuse Irrigation Design Standards.
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 the 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, tThe developer must submit the LEED checklist and documentation to the City, approved by a LEED Accredited Professional (LEED-AP), which shows that the project
meets LEED Certification. will comply with LEED Silver
requirements.
5 Adaptive reuse Significant renovation, rehabilitation and adaptive reuse of an
existing buildings, 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.
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 stormwater management
Provide capacity for infiltrating stormwater generated on-site 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.
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1-3 Theming
Significant utilization of various elements of theming consistent with the 2013 Lake Elmo Theming Project, including, but are not limited
to, signage, fencing, landscaping, lighting and site furnishings.
Amenity points will be awarded based upon One amenity point shall be rewarded for every integrated theming component. Each theming component must be incorporated along 100 percent of the proposed streets to receive credit. A maximum of three credits shall be
rewarded. 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 when such preservation or restoration is not otherwise required. The preservation and restoration must be above and beyond that required by city ordinance or engineering standards to receive credit.
RECOMMENDATION Staff recommends that the minimum requirements currently listed within the City’s PUD code be maintained. It is beneficial to City staff, residents, and members of the council to have clear and concise minimum standards in place when considering developments requesting flexibility from code requirements.
It is recommended that Council direct staff to draft amendments for Section 105.12.1130 Identified Objectives in the City’s PUD code. Section 105.12.1130 has not been updated since the adoption of the PUD code in 2013. The objectives should be updated to align with the current priorities of the City and goals outlined in the 2040 Comprehensive Plan. To begin, staff
recommends removing strikethrough objectives below and adding those in underline. The bullets below each change identify the rationale behind the recommended changes. 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) Establishment of appropriate transitions between differing land uses.
• This addition is consistent with the Balanced Development, & Growth Goal #2
of the 2040 Comprehensive Plan. d) 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. e) 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 lifecyle housing to all income and age groups.
• The addition of life cycle housing is consistent with Housing Goal #2 of the
2040 Comprehensive Plan.
f) Preservation and enhancement of important environmental features through careful and sensitive placement of buildings and facilities.
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g) Preservation of historic buildings, structures or landscape features.
• A similar item was removed from the site amenity table. This could be covered
under objective k below. h) Coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses.
i) Creation of more efficient provision of public utilities and services, lessened demand on
transportation, and/or the promotion of energy resource conservation. j) Establishing measures to protect and preserve groundwater storage.
• It should be known that groundwater conservation is a priority of the City with the current groundwater challenges.
k) 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. l) Higher standards of site and building design than would otherwise be provided under conventional land development technique.
• This objective is very subjective and hard to measure. Could mean different
levels of achievement depending on who you ask. ATTACHMENTS: 1) Article XVIII Planned Unit Development
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Table 16-2: Site Amenities
Points Amenity Standards
5--10
Underground or
structure
parking
Single Family
Stormwater
Reuse
Irrigation
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 percent. Amenity points will be
awarded based upon the amount of surface parking stalls reduced
(between 25--50 percent). For every additional five percent of
surface parking stalls reduced above 25 percent, the applicant will be
awarded one additional amenity point, up to a maximum of ten
amenity points. The facade of any underground or structure parking
areas must match the architectural design of the principal structure.
Single family detached and single family attached residential
developments. A minimum of 50 percent of the total area to be
sodded and landscaped shall be irrigated by stormwater reuse
systems. One amenity point shall be rewarded for every additional
10 percent of the total sodded and landscaped area that is irrigated by
stormwater reuse. All stormwater reuse systems shall meet the
requirements of the City of Lake Elmo Stormwater Reuse Irrigation
Design Standards.
10
1-10
Historic
preservation
Renewable
energy
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.
A minimum of 10 percent of the total electricity usage shall be
derived from renewable energy sources through onsite generation.
One amenity point shall be rewarded for every additional 10 percent
of the total electricity usage generated by onsite renewable energy
sources. The Renewable energy site amenity may be used in
conjunction with the Leadership in energy and environmental design
site amenity.
10 Additional
open space
A minimum of 50 percent of the site not occupied by buildings shall
be landscaped outdoor open space. A minimum of 50 percent 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
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scope of the immediate project area. Right-of-way improvements
should be designed per the specification of the city engineer.
5
Multifamily
Stormwater
Reuse
Irrigation
Multifamily residential developments. 100 percent of the total area
to be sodded and landscaped shall be irrigated with stormwater reuse
systems. All stormwater reuse systems shall meet the requirements
of the City of Lake Elmo Stormwater Reuse Irrigation Design
Standards.
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 the 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, tThe developer must submit the
LEED checklist and documentation to the City, approved by a LEED
Accredited Professional (LEED-AP), which shows that the project
meets LEED Certification. will comply with LEED Silver
requirements.
5 Adaptive reuse Significant renovation, rehabilitation and adaptive reuse of an
existing buildings, 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.
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
stormwater
management
Provide capacity for infiltrating stormwater generated on-site 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.
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1-3 Theming
Significant utilization of various elements of theming consistent with
the 2013 Lake Elmo Theming Project, including, but are not limited
to, signage, fencing, landscaping, lighting and site furnishings.
Amenity points will be awarded based upon One amenity point shall
be rewarded for every integrated theming component. Each theming
component must be incorporated along 100 percent of the proposed
streets to receive credit. A maximum of three credits shall be
rewarded. 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
when such preservation or restoration is not otherwise required. The
preservation and restoration must be above and beyond that required
by city ordinance or engineering standards to receive credit.
RECOMMENDATION
Staff recommends that the minimum requirements currently listed within the City’s PUD code be
maintained. It is beneficial to City staff, residents, and members of the council to have clear and
concise minimum standards in place when considering developments requesting flexibility from
code requirements.
It is recommended that Council direct staff to draft amendments for Section 105.12.1130
Identified Objectives in the City’s PUD code. Section 105.12.1130 has not been updated since
the adoption of the PUD code in 2013. The objectives should be updated to align with the
current priorities of the City and goals outlined in the 2040 Comprehensive Plan. To begin, staff
recommends removing strikethrough objectives below and adding those in underline.
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) Establishment of appropriate transitions between differing land uses.
d) Promotion of professional businesses and other commercial uses not dominated by
warehousing and truck terminals that would make efficient use of land in areas
designated for growth and served by municipal utilities.
e) 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.
f) 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 lifecyle housing to all income and age
groups.
g) Preservation and enhancement of important environmental features through careful and
sensitive placement of buildings and facilities.
h) Preservation of historic buildings, structures or landscape features.
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i) Coordination of architectural styles and building forms to achieve greater compatibility
within the development and surrounding land uses.
j) Creation of more efficient provision of public utilities and services, lessened demand on
transportation, and/or the promotion of energy resource conservation.
k) Establishing measures to protect and preserve groundwater storage.
l) 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.
m) Higher standards of site and building design than would otherwise be provided under
conventional land development technique.
ATTACHMENTS:
1) Article XVIII Planned Unit Development
12/8/22, 10:05 AM Print Preview
https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=ARTICLE_XVIII_PLANNED_UNIT_DEVELOPMENT_(PUD)_REGULA…1/17
ARTICLE XVIII PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
105.12.1120 Intent
105.12.1130 Identified Objectives
105.12.1140 Allowed Development
105.12.1150 Minimum Requirements
105.12.1160 Density
105.12.1170 Coordination With Other Regulations
105.12.1180 Phasing And Guarantee Of Performance
105.12.1190 Control Of Planned Unit Development Following Completion
105.12.1200 Procedures For Processing A Planned Unit Development
105.12.1210 Application Requirements For Pre-Application Conference, Preliminary Plan And Final Plan
105.12.1220 PUD Amendments
105.12.1230 PUD Cancellation
105.12.1240 Administration
105.12.1250 City Costs
105.12.1120 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
nonresidential 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 for
City approval under the standard applicable zoning district if the City determines the proposed benefits
do not justify requested flexibilities.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1130 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.
(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.
12/8/22, 10:05 AM Print Preview
https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=ARTICLE_XVIII_PLANNED_UNIT_DEVELOPMENT_(PUD)_REGULA…2/17
(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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1140 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 LEC 105.12.280 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. 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 the maximum impervious
surface by up to 20 percent as measured 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
percent 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 LEC
105.12, art. VII. 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
districts.
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(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 LEC
105.12.1130.
(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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1150 Minimum Requirements
(a)Development area. A PUD must include a minimum of five (5) acres. Tracts of less than five (5)
acres may be developed as a PUD only if the City Council determines that the following applies:
(1)The proposed project is of superior design and can achieve one (1) or more of the
identified objectives listed in LEC 105.12.1130; and
(2)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 percent of the project area not within street rights-of-way
shall be preserved as protected open space. Other 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. Wetlands and other
land reserved for stormwater 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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1160 Density
The PUD may provide for an increase in density of residential development by up to 20 percent of that
allowed in the base zoning district. Applicants seeking increased residential density through a Planned
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Unit Development are required to provide at least one (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 percent. 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 percent
10 10 percent
15 15 percent
20 20 percent
(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 of the 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.
(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.
Table 16-2: Site Amenities
Point
s Amenity Standards
5--10
Undergro
und 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 percent. Amenity
points will be awarded based upon the amount of surface parking stalls
reduced (between 25--50 percent). For every additional five percent of
surface parking stalls reduced above 25 percent, the applicant will be
awarded one additional amenity point, up to a maximum of ten amenity
points. The facade of any underground or structure parking areas must
match the architectural design of the principal structure.
10
Historic
preservati
on
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.
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10
Additional
open
space
A minimum of 50 percent of the site not occupied by buildings shall be
landscaped outdoor open space. A minimum of 50 percent 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 the 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
Leadershi
p in
energy
and
environm
ental
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
buildings, 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.
1-5
Enhanced
landscapi
ng
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
stormwat
er
managem
ent
Provide capacity for infiltrating stormwater generated on-site 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 are 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
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and beyond that required by city ordinance or engineering standards.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1170 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 article 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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1180 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)Note. See LEC 105.12.1210(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
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, 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)Note. See LEC 105.12.1220(a).
(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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1190 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.
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(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 ten (10) percent; 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, LEC 105.12, art. III.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1200 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 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)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 LEC 103.00.070. The application shall proceed and be acted upon in accordance with the
procedures in this article for zoning changes.
(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 LEC 103.00.080. 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)Schedule for plan approval.
(1)Developer has a pre-application conference with City staff for their review and comment
of the proposed PUD.
(2)Following the pre-application conference with City staff, the application may proceed to
the preliminary plan phase.
(3)The developer presents the preliminary plan to the Planning Commission for its review
and comment.
(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.
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(5)The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
(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)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)Following City Council approval of the preliminary plan, the application may proceed to
the final plan phase.
(9)The developer must present the final plan to the Planning Director for his or her review
and comment.
(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)The Planning Commission shall conduct the hearing and report its findings and make
recommendations to the City Council.
(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)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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1210 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 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 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.
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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 one-inch equals 100 feet shall be
submitted and contain the following:
1.Contours; minimum five-foot intervals;
2.Location, type and extent of tree cover;
3.Slope analysis; and
4.Location and extent of water bodies, wetlands, streams, and floodplains
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 stormwater 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:
1.Area devoted to residential use by building type;
2.Area devoted to common open space;
3.Area devoted to public open space and public amenities;
4.Approximate area devoted to, and number of, off-street parking and
loading spaces and related access;
5.Approximate area, and floor area, devoted to commercial uses; and
6.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.
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.
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(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 four (4) large scale copies and ten (10) reduced
scale (11-inch by 17-inch) 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 LEC
103.00.090.
b.General information:
1.The landowner’s name and address and his interest in the subject
property.
2.The applicant’s name and address if different from the landowner and the
applicant’s interest in the subject property.
3.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.
4.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.
(2)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 100 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.
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f.Site conditions. Graphic reproductions of the existing site conditions at a scale of
one-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.
1.Contours; minimum two-foot intervals.
2.Location, type and extent of tree cover.
3.Slope analysis.
4.Location and extent of water bodies, wetlands and streams and floodplains
within 300 feet of the property.
5.Significant rock outcroppings.
6.Existing drainage patterns
7.Vistas and significant views.
8.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:
1.Area devoted to residential use by building type;
2.Area devoted to common open space;
3.Area devoted to public open space and public amenities;
4.Approximate area devoted to streets;
5.Approximate area devoted to, and number of, off-street parking and
loading spaces and related access;
6.Approximate area, and floor area, devoted to commercial uses; and
7.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 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.
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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.
(3)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.
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.
(4)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
PUD final plan to the City for final approval in accordance with the requirements of this
title.
(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 of up to one (1) year is
submitted in writing to the City and approved by the City Council. (See subsection (c)(4)
of this section 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
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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 LEC 103.00.080;
b.Final plans drawn to a scale of not less than one-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;
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.
c.A tabulation indicating the number of residential dwelling units and expected
population;
d.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;
e.A tabulation indicating the gross square footage, if any, of commercial and
industrial floor space by type of activity (e.g., retail or office);
f.Preliminary architectural typical plans indicating use, floor plan, elevations and
exterior wall finishes of proposed building, including manufactured homes;
g.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;
h.Location, designation and total area of all common open space;
i.Location, designation and total area proposed to be conveyed or dedicated for
public open space, including parks, playgrounds, school sites and recreational
facilities;
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j.The location of applicable site amenities, if any;
k.Proposed lots and blocks, if any and numbering system;
l.The location, use and size of structures and other land uses on adjacent
properties;
m.Detailed plans and provisions of proposed landscaping and screening;
n.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;
o.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;
p.Applicable plans must meet or exceed the requirements of the City’s Engineering
Design and Construction Manual; and
q.Any other information that may have been required by the Planning Commission
or City Council in conjunction with the approval of the preliminary plan.
(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 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.
1.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
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agreement that may include but not be limited to all requirements of the
PUD final plan.
2.The development agreement may require the developers to provide an
irrevocable letter of credit in favor of the City. The letter of credit shall be
provided by a financial institution licensed in the state and acceptable to
the City. The City may require that certain provisions and conditions of the
development agreement be stated in the letter of credit. The letter of credit
shall be in an amount sufficient to ensure the 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 uses, 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 reasons 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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1220 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.
Amendments to existing planned unit development shall be processed as one of the following:
(a)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.
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(b)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 LEC 105.12.280. 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.
(c)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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1230 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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1240 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.
HISTORY
Adopted by Ord. 08-253 on 11/3/2021
105.12.1250 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.
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HISTORY
Adopted by Ord. 08-253 on 11/3/2021