HomeMy WebLinkAbout#10 - Open Space PUD Zoning Text Amendment1
STAFF REPORT
DATE: 10/1/2024
Regular Agenda
TO: City Council
FROM: Jason Stopa, Community Development Director
AGENDA ITEM: Zoning Text Amendment – OP-PUD
REVIEWED BY: Ashley Monterusso, Planning Assistant; Nathan Fuerst, Bolton and Menk
Planning Consultant; Sophia Jensen, City Planner; Jack Griffin, City
Engineer – Focus Engineering; Marty Powers, Public Works Director
BACKGROUND:
Both the City Council and Planning Commission requested the department review the Open Space
Planned Unit Development (OP-PUD) code. The Planning Commission’s 2024 work plan includes
reviewing the Open Space Planned Unit Development (OP-PUD) Ordinance. After reviewing
recent concept plan applications, discussing challenges with developers, and reviewing the
language with Engineering and Public Works, staff have identified several areas of the ordinance
that could be updated and clarified. The staff presented and made recommendations to amend the
OP-PUD code at two City Council Workshops. The staff modified the proposed text amendment
based on the comments from City Council. Staff are proposing a general cleanup of the ordinance
along with new standards for consideration.
ISSUE BEFORE THE CITY COUNCIL:
The City Council is being asked to decide on the proposed text amendment to the City’s Open
Space Planned Unit Developments Code.
DETAILS:
City Zoning Code Sections under review:
• 1.08.010 (General Provisions - Terms Defined)
• 105.12.1120 (Zoning Code – Planned Unit Development Regulations)
• 105.12.980-105.12.1110 (Zoning Code – Open Space Planned Unit Developments)
REVIEW AND ANALYSIS
The full text amendment is attached. The proposed language is underlined. Deleted language is
shown with a strikethrough. Below is a summary of the amendments with code sections.
1. 1.08.010 (General Provisions - Terms Defined)
• Staff is proposing adding a definition for “open space area” as referenced in
105.12.1050 (7)(a) under Open Space and park land adjustments. There currently is
not a definition for “open space area” in city code. Adding one is suggested to give
clarity to the section.
• Proposed definition:
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Open space area means the measurement of all undeveloped land and
natural features within a subdivision or planned unit development.
Trails outside of the road rights-of-way and agricultural buildings are
included in the open space area. Road rights-of- way and buildable lots
are not considered open space area.
2. 105.12.1120 (Zoning Code – Planned Unit Development Regulations) Add
clarification to the intent of Planned Unit Developments. See attached for proposed
update.
3. 105.12.980-105.12.1110 (OPEN SPACE PLANNED UNIT DEVELOPMENTS)
A. Add clarity to setbacks for accessory use - (105.12.1040)
• Staff identified confusing language around setbacks within the OP-PUD for
accessory structures. The added language and accompanying table are based
on underlying zoning districts. Adding new language to the sections is
intended to offer clarity.
B. Update Open Space PUD Design Standards - 105.12.1050
1. Density.
• Staff is suggesting increasing the density from .45 units per acre to .8
units per acre. The reason for increasing density is two-fold. First, it is
intended to preserve more open space and natural resources, which is in
line with the primary goals of OP-PUD. Secondly, increasing density
makes development in Lake Elmo more economically competitive.
2. Septic design identification.
• Based on feedback from the city engineer, staff has added low pressure
sewer guidance to sites proposing individual septic tanks.
3. Identification of required buffers.
Staff is proposing amending the language in this section for conciseness and
clarity.
4. Placement of streets.
• Based on feedback from the public works director and city engineer,
staff added permissions for 28-foot-wide streets with parking on one
side of the road. This language is meant to add flexibility for developers
while maintaining high design standards and connectivity for the city.
5. Lot creation.
• Staff is suggesting that single-family lots that are served by individual
septic tanks utilizing communal drain fields decrease in size from
21,780 square feet to 16,000 square feet. Staff also propose a 100’
minimum lot width and a 160’ minimum lot depth. These changes are
meant to encourage development and have been reviewed by the city
engineer as acceptable.
6. Lot specific buildable areas.
• Added setbacks for accessory structures.
7. Open space and park land adjustments.
• The development is required to construct a stormwater reuse pond for
irrigation.
C. Update Open Space PUD Development Standards – 105.12.1060
1. Building standards.
• Staff is proposing adding an attached garage standard to be more
consistent with the city’s design standards. Staff is proposing that the
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width of the garage shall not exceed 40 percent of the width of the entire
building façade that is fronting the primary street.
2. Landscaping standards.
• Change tree standard from 10 per lot to 10 per acre of building lot area.
3. Impervious surface standards.
• Change to address lot coverage and set the maximum area to 30%.
4. Trail and sidewalk standards.
• Staff is proposing adding “sidewalk” to this section of code to
encourage both trails and sidewalks in Open Space PUDs. Adding
sidewalks to this section allows developers to choose a combination of
trails and/or sidewalks for their project.
• Staff proposes changing language in this code to encourage that
sidewalks be constructed along the lot frontage on one side of the road.
• Staff also proposes additional language to encourage trail connections to
other developments and public places.
o There is flexibility in the language in this area of code to require
more than the sum of the centerline length of all public roads in
the development at the discretion of the community development
director or the city engineer.
D. Update Open Space PUD Review Procedure, 105.12.1080
• Staff is proposing cleaning up language in this section for consistency.
See attached language.
E. 105.12.980-105.12.1110
• Staff is proposing updates for all mentions of “planning director” to
“community development director”.
ALIGNS WITH THE COMPREHENSIVE PLAN
Below are sections of the Comprehensive Plan that support the proposed text amendment. The
Met Council reviewed the amendment and agreed that it conforms to the Comprehensive
Plan.
Character & Governance: CG Goal #3. Maintain and Enhance connections of all residents to
the natural resources and open space amenities throughout the community. P 2:6
Strategies
a. Create an interconnected network of open spaces and trails that provide connections between
urbanizing and rural areas of the community.
b. Continue to support open space developments in the rural residential areas that protect
important natural resources and provide connections to public parks, open spaces and trails.
c. Encourage development in the urbanizing areas to create their development plans using a
natural resources plan that considers an interconnected network of public parks, natural resources,
open spaces and trails.
Balanced Development, & Growth (BDG) BDG Goal #1. Encourage developers, landowners,
and stakeholder to integrate the value of natural resource systems into new developments in all
land use categories.
Strategies
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a. Explore ordinance amendments and changes that would require a natural resources inventory as
part of a concept plan and preliminary plat process.
b. Identify important natural features that should be prioritized for protection.
c. Protect natural areas through encouraging the use of the open space development ordinance.
d. Explore opportunities to apply tools and techniques contained within the open space
development ordinance in the urbanizing areas of the community.
2040 Land Use Highlights – What’s to Come p 3:2
The Existing Land Use Patterns in the Rural Residential areas should be protected through this
planning period; some new rural residential neighborhoods, including open space developments,
are anticipated to develop consistent with the City’s rural tradition.
Rural Patterns p 4:5
The following sections describe the most common types of neighborhoods and
development patterns in the City’s rural areas and it is anticipated that many of the
following patterns, particularly Open Space Development neighborhoods, will continue
to define the community through this planning period.
Open Space Development Neighborhoods p 4:6-7
The City of Lake Elmo is known for pioneering innovative rural development patterns
in the region which contributes positively to the character of the community. These rural
developments, commonly referred to as Open Space Developments, embrace the lifestyle
of the rural landscape capitalizing on the natural features residents desire. Several Open
Space Developments have endured for decades to provide residents with opportunities to
live near nature and preserve land for conservation, wildlife, and recreation.
In many ways much of the City’s existing rural residential neighborhood pattern is
innovative, and unique from many similarly situated communities in the metropolitan
area. There are over a dozen Open Space Development neighborhoods that include
clustered residential uses with perpetually protected conservation areas. Neighborhoods
such as the Fields of St. Croix, and the more recently developed Discover Crossing, are
Open Space Development neighborhoods that are a part of the City’s continuing rural
residential land use patterns. The principle characteristics of these neighborhoods is
that homes in these neighborhoods are sited closer together (clustered) which allows
for surrounding land to be preserved for open space, natural resources protection,
recreational and trail opportunities, and natural surface water drainage.
The City will continue to promote the open space development neighborhood pattern
of the next planning period and will guide potential developers to preserve areas with
natural resource value. Developing with open space neighborhood patterns affords the
City the opportunity to identify and protect important natural resources and provide
multi-purpose connected greenways.
Chapter 6: Parks, Trails & Open Space Introduction p 6:1
As the community grows, park, trail and open space development and
management will continue to be a top priority for existing and incoming residents to ensure the
system remains a defining characteristic of the community for future generations.
Regional Bicycle Transportation Network, Bikeways and Trails p 7:41
As the system continues to grow, and key gaps and links are made, their use will likely increase
as residents’ and others’ comfort level with the system improves. Focusing on public pedestrian/
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bicycle trail planning and development compliments both the private trail development in
several Open Space Development neighborhoods and the ‘central place’ philosophy, policy, and
planning of the City regarding the Old Village.
Chapter 10 Implementation: Balanced Development and Growth p 10:8
The City will review and update its Open Space Development ordinance to focus on
building the greenway network through connected conservation areas, public trails, and
other natural resources.
HOW PROPOSED CHANGES BENEFIT THE CITY
Benefits
Staff is recommending changes that will increase benefits to the city.
Stormwater irrigation ponds are required. While encouraged in the past, the proposed text
amendment requires them. This will reduce water usage.
Buffers. The proposed buffers will be larger than what is typically requested and sets a more
realistic standard to follow.
Currently, the buffer requirements are unclear and allow for buffers near the development
boundary if the buildable area is not within 200’. A portion of the buildable lot could be a part of
the required buffer. This has resulted in developments with smaller buffers. Below is a table from
the code of existing OP-PUDs.
Buffer Setbacks in OP Developments (in feet)
North Edge South Edge West Edge East Edge Exception
Parcels
St. Croix's Sanctuary 200 50 50 100
Discover Crossing 200 100 50 100
Whistling Valley I 25 200 N/A N/A
Whistling Valley II 25 100 85 N/A
Whistling Valley III 50 100 100 N/A
Farms of Lake Elmo 100 50 100 25
Prairie Hamlet 200 50 50 100
Fields of St. Croix I 50 N/A 200 100
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Fields of St. Croix II N/A 200 200 N/A N/A
The Homestead 50 50 200 50
Tapestry at Charlotte's Grove 50 50 200 50 100
Tamarack Farm Estates 100 100 100 100
Sunfish Ponds 100 100 100 200
Hamlet on Sunfish Lake 50 100 50 50
Cardinal Ridge 100 200 50 50
Wildflower Shoves 100 200 100 200
Heritage Farms 50 N/A N/A 50 N/A
Tana Ridge (Res. 2009-033) N/A N/A 50 50
Parkview Estates (Res. 2009-
033)
50; except lot 9,
block five use 20
ft
N/A N/A 50
As shown above, many of the buffers are less than 200 feet and some as small as 25 feet. Staff is
proposing reducing required buffers to 100 feet or 200 feet from a dwelling in an adjacent
development, whichever is greater. The buffer cannot be a part of a buildable lot.
Communal septic/drain fields. According to a recent presentation by a developer’s septic designer,
new communal septic performs better than individual septic and has higher standards from the
Minnesota Pollution Control Agency (MPCA). The proposed text amendment promotes
communal septic since changes promote lots less than 1 acre. One acre is the minimum required
lot area for individual septic.
Density. The current density at .45 is designed for 1 acre lots with 50% open space. While the
code allows half acre lots, if built at the current density, the site would result in almost 75% open
space. With the increase in land values and construction cost, this requirement may make projects
unfeasible.
Lot width and area. Currently, lot width is not specified. The 100-foot minimum aligns with a few
existing OP PUDs and exceeds the lot width of the single-family homes in Prairie Hamlet. Smaller
lots should result in more open space.
Trails. The text amendment promotes trail construction and, in the future, connectivity to the
Village from developments in the northern part of the city.
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Impervious coverage. The text amendment creates a per lot standard that clarifies how it will be
applied both before and after the house is constructed.
Identification of preferred building pad locations. Building pad locations, up to the maximum
number of units permitted by LEC 105.12.1050(a), which preserve natural topography and
drainageways, minimize tree loss, protect historic sites or structures, and limit the need for soil
removal and/or grading shall then be identified. The orientation of individual building sites shall
maintain maximum natural topography and ground cover.
PUBLIC HEARING:
A notice of public hearing was published in the City’s official newspaper on August 2, 2024, and
the Planning Commission public hearing was held on August 12, 2024. Below is a summary of the
public comment received:
Written Public Comment:
1. Karin Schubert: 5222 Keats Ave N (Opposed): My concern is for changes to the property
mentioned as far as “buildable land” is concerned.
2. Jane Chars: PO Box 769, Stillwater (Opposed): Please add established old growth
hardwood tree stands to open space areas required to be protected and preserved.
Attention should also be given to existing homeowners abutting new developments. Their
views of existing natural resources should not be obstructed. The increase in buildable lots
and decrease in setbacks are not recommended.
Spoken Public Comment:
1. Tony Manzara: 5050 Kirkwood Avenue N, is opposed, due to it being contrary to the
Comprehensive Plan.
2. Joan Ziertman: 5761 Keats Avenue N, is opposed, due to the density increase, lot size
reduction, buffer set back reduction, impervious surface change, and the changes on the
calculations from buildable land to total land area, no communications from the Met-
Council, is contrary to the Comprehensive Plan.
3. Jane Chars, PO Box 769, Stillwater: is opposed, due to the increased density, lot sizes
changes and mentioned that the traffic study should not be removed.
4. John Burban: 9612 57th Street N, is opposed due to lot size, population, water, traffic,
sewer, infrastructure increases.
5. George Crocker: 5093 Keats Avenue N, is opposed due to this change being driven by
developers.
PLANNING COMMISSION:
On August 12, 2024, the Planning Commission moved to recommend denial of the text
amendment to the Open Space Planned Unit Developments and Planned Unit Development
Regulations with a 4-0 vote. They felt that this is not the time for this change due to the existing
Comprehensive Plan. It is inconsistent with the OP and rural district intent. They had concerns
with infrastructure impacts/demand related increasing the density. They were supportive of
changing the code conflicting language and grammatical errors.
FISCAL IMPACT:
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None.
OPTIONS:
• Approve the proposed amendments.
• Amend the proposed amendments.
• Deny the proposed amendments.
RECOMMENDATION:
Staff recommends the City Council approve the proposed text amendments as presented by Staff.
“Move to adopt Ordinance 2024-17 approving the zoning text amendments to the Open Space
Planned Unit Development code as presented by Staff”
And
“Move to adopt summary of publication of Ordinance 2024-17 with approval of Resolution
2024-107
ATTACHMENTS:
• Proposed Text Amendment
• Ordinance 2024-17 – Zoning Text Amendment
• Resolution 2024-107 – Summary of Publication
• Email from Met Council
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 2024-17
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY
AMENDING CHAPTER 1.08 DEFINITIONS; ARTICLE XVII OPEN SPACE PLANNED UNIT
DEVELOPMENTS; AND ARTICLE XVIII PLANNED UNIT DEVELOPMENT (PUD)
REGULATIONS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Chapter 1.08 Definitions;
Article XVII Open Space Planned Unit Developments; and Article XVIII Planned Unit Development
(PUD) Regulations. The City Code is hereby amended by changing the following sections (Proposed
language is underlined, deleted language is shown with strikethrough):
CHAPTER 1.08 DEFINITIONS
1.08.010 Terms Defined
Open space area means the measurement of all undeveloped land and natural features within a subdivision or
planned unit development. Trails outside of the road rights-of-way and agricultural buildings are included in the
open space area. Road rights-of-way and buildable lots are not considered open space areas.
ARTICLE XVII OPEN SPACE PLANNED UNIT DEVELOPMENTS
105.12.980 Purpose
The purpose of open space planned unit developments is to provide greater development flexibility within rural
portions of the community while maintaining the rural character by preserving agricultural land, woodlands,
wildlife or natural corridors, pollinator and wildlife habitat, and other significant natural features consistent with
the goals and objectives of the city's comprehensive plan. The city reserves the right to deny establishment of an
open space PUD overlay district and direct a developer to re-apply under standard zoning provisions if it is
determined that proposed benefits of the open space PUD do not justify the requested flexibilities.
105.12.990 Intent
It is the intent of the city that open space planned unit developments will offer needed development flexibility
within the agricultural, rural residential, and rural estate zoning districts to provide for:
a)A variety of lot configurations and housing styles that may not otherwise exist within the city's rural areas;
b)An avenue to provide a development density equal to or greater than what could be achieved via
underlying zoning;
c)A reduction in the costs to construct and maintain public facilities and infrastructure in a rural setting;
d)Protected open space to enhance and preserve the natural character of the community;
e)The creation of distinct neighborhoods that are interconnected within rural areas;
f)To preserve large contiguous open spaces.
105.12.1000 Definitions
Unless specifically defined in LEC 105.12, art. II, common definitions, words, and phrases used in this article
shall be interpreted so as to give them the same meaning as they have in common usage throughout this Code and
as may be found in LEC 1.08.
105.12.1010 Initiation Of Proceedings
The owner of property on which an open space PUD is proposed shall file the applicable application for a PUD
by paying the fees set forth in LEC 1.12.010 and submitting a completed application form and supporting
documents as set forth on the application form and within this section. Complete applications shall be reviewed
by city commissions as deemed necessary by the director of planning community development director and be
acted upon by the city council. If a proposed open space PUD is denied, any subsequent application for a
substantially similar PUD within one year of the date of denial shall fully address all findings which supported
the denial prior to being accepted as complete.
105.12.1020 Reflection On The Official Zoning Map
a) PUD provisions provide an optional method of regulating land use which permits flexibility from standard
regulating provisions. Establishment of a PUD shall require adoption of an ordinance creating an overlay
zoning district atop the boundaries of the development area. For each PUD district, a specific ordinance
shall be adopted establishing all rules which shall supersede underlying zoning. Issues not specifically
addressed by the PUD overlay district shall be governed by the underlying zoning district regulations.
b) All open space preservation developments approved prior to October 4, 2016 shall be allowed to continue
per the original conditions of approval.
105.12.1030 Prerequisites For Open Space PUDs
a) Only land zoned as agricultural, rural residential, or rural estate may be considered for establishment of
an open space planned unit development.
b) The minimum land area for establishment of an open space planned unit development is a nominal
contiguous 20 acres.
c) Establishment of an open space planned unit development will be considered only for areas of land in
single ownership or control. Alternatively, multiple party ownership, in the sole discretion of the city, is
acceptable when legally sufficient written consent from all persons and entities with ownership interest is
provided at the time of application.
105.12.1040 Uses Within Open Space PUDs
a) Primary uses.
1) Permitted.
a. Single-family, detached;
b. Preserved open space;
c. Conservation easements;
d. Agriculture;
e. Suburban farms;
f. Private stables;
g. Single-family, attached and Townhouses (no more than 25 percent in any development);
h. Townhouses (no more than 25 percent in any development);
h. Wayside stand; and
i. Public parks and trails.
2) Conditionally permitted. None.
3) Interim permitted. None.
b) Accessory uses.
1) Permitted. Uses deemed by the director of planning community development director to be
typically accessory to an established permitted use on the property as listed in subsection (a)(1) of
this section. Setbacks are established in LEC 105.12.1050 subsection (b)(6) and other standards
shall conform with the requirements in LEC 105.12.660-690.
2) Conditionally permitted. None.
3)Interim permitted. None.
c)Prohibited uses. All other uses not listed in subsection (a) or (b) of this section are hereby prohibited.
d)Use restrictions and allowances. The final PUD overlay district ordinance for an open space PUD may
include specific provisions governing uses which supersede underlying zoning and the general PUD
regulations herein.
105.12.1050 Open Space PUD Design
Open space PUDs shall comply with all of the following minimum design standards unless modifications are
authorized for consideration by the city council via a super-majority vote.
a)Density. The maximum dwelling unit density within an open space planned unit development shall be 18
32 units per 40 acres of buildable total land area (0.45 0.8 dwelling units/acre) on the undeveloped parcel;
however, the total number of dwelling units shall not exceed the density limitations contained in the
comprehensive plan for open space preservation development. In addition, the applicant shall submit the
proposed density based on buildable land area for comprehensive planning purposes.
b)Lot design. Lot locations and configurations within open space planned unit developments shall be derived
utilizing the following methodology. An applicant must be able to demonstrate how these steps resulted
in the plan being proposed.
1)Soils analysis conducted. A certified septic designer or soils scientist shall complete a review of
the soils on the site, and categorize all areas as highly suitable for septic systems, moderately
suitable for septic systems, or poorly suited for septic systems.
2)Septic design identification. Based on the soils analysis, an applicant must identify whether the
proposed development will be serviced by individual septic tanks and drain fields, or via a system
of individual septic tanks which utilize one or more communal drain fields.
a.If individual septic tanks and drain fields can be supported by the available soils and is the
chosen methodology to serve the development, all proposed lots must be able to provide
primary and secondary drain field sites on each lot (outside of drainage and utility
easements), and must meet the minimum lot size standards outlined herein.
b.If individual septic tanks which utilize a communal drain field (or fields) is the chosen
methodology to serve the development, then the locations for communal drain fields shall
be identified within the areas deemed the most suitable on the site for supporting septic
utilities according to the soils analysis. All such areas shall be clearly denoted on provided
plan sets.
c.Low pressure sewer should only be allowed in special circumstances as deemed necessary
by the city engineer. When low pressure sewer is deemed necessary by the city engineer,
it must be installed outside of the street pavement such that street excavation is not required
for repairs or replacement.
3)Identification of required buffers. No build zones from each property boundary shall be derived as
follows: A no build zone (buffer) between the proposed buildable lots and the PUD boundary
shall be derived as follows:
a.A 200-foot buffer from all adjacent property lines that abut an existing residential
development or a parcel of land not eligible for future development as an open space
planned unit development due to insufficient parcel area.
b.A 100-foot buffer from all adjacent property lines that abut land that is eligible for future
development as an open space planned unit development.
c.If the development site is adjacent to an existing or approved OP development, the required
buffer shall be equivalent to the buffer that was required of the adjacent development (See
LEC 105.12.170(b)).
a.A 100-foot buffer from all adjacent property lines; or
b.A 200-foot buffer from all existing residential dwellings within an abutting residential
development, whichever is greater.
c. The buffer shall not be a part of a buildable lot.
4) Identification of preferred building pad locations. Building pad locations, up to the maximum
number of units permitted by LEC 105.12.1050(a), which preserve natural topography and
drainageways, minimize tree loss, protect historic sites or structures, and limit the need for soil
removal and/or grading shall then be identified. The orientation of individual building sites shall
maintain maximum natural topography and ground cover.
a. Building pads shall be located outside of required buffers, and shall be sited so as to provide
ample room for accessory structures on each proposed lot.
b. If individual septic tanks and drain fields for each lot are to be utilized, locations for
primary and secondary facilities for each proposed building pad shall also be identified.
All such sites must be verified as being viable as a component of PUD preli minary plan
review.
c. If individual septic tanks utilizing communal drain fields is intended, the plan must clearly
identify which communal drain field will service each of the proposed building pads.
5) Placement of streets.
a. Streets shall then be designed and located in such a manner as to:
1. Maintain and preserve natural topography, groundcover, significant landmarks,
historic barns, and trees;
2. Minimize cut and fill;
3. Preserve and enhance both internal and external views and vistas;
4. Promote road safety;
5. Ensure adequate access for fire and rescue vehicles; and
6. Ensure and promote adequate vehicular circulation both within the development
and with adjacent neighborhoods.
b. The design of streets and the dedication of right-of-way shall be in compliance with the
city's current engineering design standards and specifications as may be amended. 28-foot-
wide streets with parking on one side are permitted.
c. Streets shall not encroach into a required buffer area unless it can be demonstrated that
such an alignment is necessary to achieve the goals outlined above, and that no equivalent
option exists outside of the buffer. Driving surfaces that cross the buffer area at a 90 degree
angle to provide current or future access to an adjacent property or boundary road shall be
the only exception.
6) Lot creation. Based on the street locations, building pad locations, and septic system locations;
lines to delineate individual lots shall then be identified in accordance with the following:
a. Lots.
1. Single-family lots being served by individual septic tanks and drain fields shall be
a minimum of one acre in size;
2. Single-family lots being served by individual septic tanks utilizing communal
drain fields shall be a minimum of one-half acre (21,780 square feet) 16,000
square feet in size with a 100’ minimum lot width and 160’ minimum lot depth.
Lots designed with rear-loaded parking through a secondary access (alley), may
reduce the required minimum front lot width to 80’.
3. All land reserved for communal septic system use shall be located within a
dedicated outlot to be owned by the homeowners' association (HOA) of the
development; and
4. Base lots for townhomes shall be large enough such that individual unit lots can
meet all required structure setbacks contained herein.
b. Lot specific buildable areas.
1. The buildable area on each proposed lot which remains after consideration of each
of the following shall be shown:
i. Required buffers from adjacent lands (See LEC 105.12.170(b));
ii. Required setbacks from waterbodies and non-buildable land per shoreland
district regulations (See LEC 105.12, art. XIX);
iii. Steep slopes;
iv. Easements; and
v. Land within the following setbacks:
Housing Type
Single-Family Homes Townhomes Accessory Structures
Front yard 30 20 Not permitted
Side yard 15 feet or ten percent of lot width, whichever is
greater
10
Corner lot
front yard
30 Not permitted
Corner lot
street side
yard
30 15
Rear yard 20 20
2. Proposed buildable area on each lot shall be sufficient to accommodate primary and
accessory structures that are normal and customary to the type of development
being proposed.
7) Open space and park land adjustments.
a. Open space.
1. The total preserved open space area within an open space planned unit development
shall be no less than 50 percent of the total gross land area, as defined by LEC 1.08.
If this threshold is not achieved after following the first six steps of lot design, the
proposed lot areas will need to be adjusted or lots eliminated until this requirement
is met.
2. Land needed for stormwater facilities as required by other provisions of this Code
may count towards required open space for the purposes of open space PUD design,
but must ultimately be placed in outlots to be dedicated to the city. The development
is required to construct a stormwater reuse pond for irrigation.
3. Excluding land needed for compliant stormwater facilities, not less than 60 percent
of the remaining preserved open space shall be in contiguous parcels which are five
acres or more in size.
4. Preserved open space parcels shall be contiguous with preserved open space or
public park land on adjacent parcels.
b. Park land.
1. Parks and recreational facilities shall be provided in the open space PUD (or cash-
in-lieu contributions must be made) in addition to preserved open space as specified
in the city parks plan.
2. Determination of whether a land dedication or cash-in-lieu contribution will be
required to fulfill park land requirements will be at the discretion of the city council
after it receives a recommendation from the city parks commission. If a required
park land dedication causes overall open space to drop below the minimum
threshold, the proposed lot areas will need to be adjusted or lots eliminated until
the open space requirement is once again met.
3. Any park dedication shall be consistent with the dedication and fee-in-lieu
standards specified in LEC title 103.
105.12.1060 Open Space PUD Development Standards
Open space PUDs shall comply with all of the following development standards unless modifications are
authorized for consideration by the city council via a super-majority vote.
a) Preserved open space standards.
1) With the exception of stormwater facilities which must be dedicated to the city, all preserved open
space within an open space planned unit development shall be subject to a conservation easement
and used for the purposes listed in LEC 105.12.980.
2) Preserved open space land shall be controlled in one or more of following manners as determined
at the sole discretion of the city council:
a. Owned by an individual or legal entity who will use the land for a specific set of purposes
which is subject to a permanent conservation easement (in accordance with M.S.A. ch.
84C.01-.05, as it may be amended from time to time), which is held by a holder as defined
by M.S.A. ch. 84C.01(2) as approved by the city; and/or
b. A conservation easement conveyed to the city;
c. Owned as an outlot by the city (this option may only be used for land being dedicated to
the city for stormwater maintenance and conveyance purposes).
3) Preserved open space land shall be maintained for the purposes for which it was set aside. If
preserved open space was set aside for agricultural purposes or for natural habitat, a plan shall be
submitted which will indicate how the land will be maintained or returned to a natural state and
who will be responsible for plan implementation. Developers shall provide copies of proposed
homeowners’ association declarations and conservation easements to the city describing land
management practices to be followed by the party or parties responsible for maintaining the
preserved open space for the city’s review prior to recording of these documents.
4) Where applicable, a homeowners’ association shall be established to permanently maintain all
residual open space and recreational facilities. The homeowners’ association’s declaration must
guaranty continuing maintenance and give assessment rights to the city if there is lack of the
maintenance. The homeowners’ association declaration shall be submitted to the city as part of the
documentation requirements of LEC 105.12.1080(c) for an open space PUD final plan.
b) Septic system design standards.
1) In general. The placement and design of all septic systems shall conform to the requirements of
the county.
2) Individual septic drain fields. Sites for individual septic drain fields, both primary and secondary,
must be located entirely within each lot and cannot be located within any easement.
3) Communal drain fields.
a. Communal drain fields may be partially or completely located in an area designated as
preserved open space, provided the ground cover is restored to its natural condition after
installation, and recreational uses are prohibited above or within 50 feet of communal drain
fields or as approved by the city engineer.
b. Communal drain fields, if installed, shall be professionally maintained, and are acceptable
once legally sufficient documentation has been provided by the developer to ensure such
maintenance will continue in perpetuity.
c) Building standards.
1) Principal structures within open space PUDs shall not exceed 2 1/2 stories or 35 feet in height.
2) It is desired that the structures within neighborhoods convey a particular architectural style with
similar building components, materials, and roof pitches. The PUD overlay ordinance crafted for
each individual open space PUD should establish minimum architectural standards for the
neighborhood.
3) All wells shall be located a minimum of 50 feet from septic tanks and septic drain fields.
4) The width of an attached garage shall not exceed 40 percent of the width of the entire principal
building facade (including garage) fronting the primary street.
d) Landscaping standards.
1) A landscape plan for the entire site is required and shall consist of at least ten trees per acre of
building site lot area; and trees shall not be not less than 1.5 inches in caliper measured at 54 inches
above grade level.
2) Boulevard landscaping is required along all streets to consist of at least one tree per every 30 feet
or placed in clusters at the same ratio.
e) Impervious surface standards. The maximum impervious surface allowable within an open space planned
unit development shall be not exceed 25 30 percent of the lot. land area not dedicated as preserved open
space subject to the following:
1) Impervious surfaces created by roads, trails, and other planned impervious improvements shall
count against the maximum allowed impervious coverage.
2) Remaining allowed impervious surface acreage may be distributed between the planned building
sites, and maximums for each lot shall be clearly documented within the overlay district ordinance
governing the development.
f) Trail and sidewalk standards. A trail system or with sidewalks shall be established within open space
planned unit developments in accordance with the following:
1) The linear footage of trails provided shall be at least equal in length to the sum of the centerline
length of all public roads within the development.
a. A sidewalk shall be constructed along the lot frontage on one (1) side of the road.
b. A required trail shall be provided on the other side of the road or within the open space of
the development. Additional asphalt trails shall be required to create connections to other
developments and public places. Trails may be required to exceed the sum of the centerline
length at the discretion of the community development director or city engineer.
2) All trails shall be constructed of asphalt or concrete in compliance with the standard city design
for trails.
3) Proposed trails shall provide connections between and access to the buildable land areas and
preserved open space land being created by the development.
4) Proposed trails shall connect to existing, planned, or anticipated trails or roads adjacent to the
development site and on adjacent parcels.
5) If applicable, trails shall be linked (or be designed to provide a future link) to the Old Village to
emphasize the connection between existing and new development.
105.12.1070 Open Space PUD Review Criteria
The following findings shall be made by the city council prior to approval of a new or amended open space
planned unit development:
a) The proposed development is consistent with the goals, objectives, and policies of the comprehensive
plan.
b) All prerequisites for an open space PUD as outlined in LEC 105.12.1030 are met.
c) All open space PUD design standards (as outlined in LEC 105.12.1050) and all open space development
standards (as outlined in LEC 105.12.1060) are met; or if deviations are proposed, that all such deviations
are supported because they achieve the following three goals:
1) The deviations allow for higher quality building and site design that will enhance aesthetics of the
site;
2) The deviations help to create a more unified environment within the project boundaries by ensuring
one or more of the following: architectural compatibility of all structures, efficient vehicular and
pedestrian circulation, enhanced landscaping and site features, and/or efficient use of utilities; and
3) The overall design provides appropriate solutions to eliminate adverse impacts that proposed
deviations may impose on surrounding lands.
d) If the proposed PUD involves construction over two or more phases, the applicant has demonstrated that
each phase is capable of being a stand-alone development independent of other phases.
105.12.1080 Open Space PUD Review Procedure
All requests to establish an open space planned unit development shall be initiated by following the steps below:
a) PUD preliminary plan.
1) Pre-application conference. Before filing of an application for OP planned unit development with
the city, the applicant of the proposed OP planned unit development shall arrange for and attend a
conference with the planning community development director, 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. No application for an open
space PUD preliminary plan will be accepted by the city unless an applicant's proposal is distinctly
similar to one reviewed by city staff in the required pre-application conference.
2) PUD preliminary plan submittal requirements. Except as may be waived by the director of
planning community development director, the following information shall constitute a complete
application for an open space PUD preliminary plan.
a. All required information for a preliminary plat per LEC 105.12.1200(c) and LEC
105.12.1210.
b. A separate open space PUD preliminary plan which includes the following information:
1. Administrative information including identification of the drawing as an open space
PUD preliminary plan, the proposed name of the project, contact information for
the developer and individual preparing the plan, signature of the surveyor and civil
engineer certifying the document, date of plan preparation or revision, and a graphic
scale and north arrow;
2. Area calculations for gross land area, wetland areas, right-of-way dedications, and
proposed public and private parks or open space and net land area for calculating
project residential density;
3. Existing zoning districts on the subject land and all adjacent parcels;
4. Layout of proposed lots with future lot and block numbers. The perimeter boundary
line of the subdivision should be distinguishable from the other property lines.
Denote outlots planned for public dedication and/or open space schools, parks, etc.;
5. The location of proposed septic disposal areas;
6. Area calculations for each parcel;
7. Proposed setbacks on each lot forming the building pad. and calculated buildable
area;
8. Proposed gross hardcover allowance per lot if applicable.;
9. Existing contours at intervals of two feet. Contours must extend a minimum of 200
feet beyond the boundary of the parcels in question;
10. Delineation of wetlands, wetland buffers, and/or watercourses over the property;
11. Delineation of the ordinary high water levels of all water bodies;
12. Location, width, and names of existing and proposed streets within and
immediately adjacent to the subdivision parcel;
13. Easements and rights-of-way within or adjacent to the subdivision parcels;
14. The location and orientation of proposed buildings;
15. Proposed sidewalks and trails;
16. Vehicular circulation system showing location and dimension for all driveways,
parking spaces, parking lot aisles, service roads, loading areas, fire lanes,
emergency access, if necessary, public and private streets, alleys, sidewalks, bike
paths, direction of traffic flow and traffic control devices;
17. Lighting location, style and mounting and light distribution plan;
18. Proposed parks, common areas, and conservation easements (indicate public vs.
private if applicable); and
19. Location, access and screening detail of large trash handling and recycling
collection areas.
c. Proposed architectural theming and performance standards for the development;
d. A grading drainage and erosion control plan prepared by a registered professional engineer
providing all information as required by the City Engineering Design Standards; by public
works, the city engineer, and/or the director of planning
e. A utility plan providing all information as required by the City Engineering Design
Standards; public works, the city engineer, and/or the director of planning
f. Results of deep soil test pits and percolation tests, at the rate of no fewer than two successful
test results for each proposed septic disposal area;
g. The location and detail of signage providing all pertinent information necessary to
determine compliance with LEC 105.12.430;
h. A tree preservation plan as required by LEC 105.12.470;
i. A landscape plan, including preliminary sketches of how the landscaping will look, prepared
by a qualified professional providing all information outlined in LEC 105.12.480;
j. A traffic study containing, at a minimum, the total and peak hour trip generation from the
site at full development, and the effect of such traffic on the level of service of nearby and
adjacent streets, intersections, and total parking requirements;
j. A plan sheet or narrative clearly delineating all features being modified from standard open
space PUD regulations;
k. Homeowners’ association documents including declarations, covenants, articles of
incorporation, and bylaws;
l. Proposed conservation easement documents; and
m. Any other information as directed by the director of planning community development
director.
3) PUD preliminary plan review.
a. As part of the review process for an open space PUD preliminary plan, the director of
planning community development director shall generate an analysis of the proposal against
the expectations for PUDs, and make a recommendation regarding the proposed overlay
district for planning commission and city council consideration.
b. The director of planning community development director shall prepare a draft ordinance
to establish the potential overlay district to be established as a component of the PUD final
plan.
c. The planning commission shall hold a public hearing and consider the application's
consistency with the goals for PUDs, the PUD review criteria, and applicable
comprehensive plan goals. The planning commission shall make recommendations to the
city council on the merit, needed changes, and suggested conditions to impose on the PUD.
d. In approving or denying the PUD preliminary plan, the city council shall make findings on
the PUD review criteria outlined in LEC 105.12.1070.
e. As a condition of PUD preliminary plan approval; finalization, adoption, and publication of
an overlay district ordinance shall need to occur prior to the filing of any future final plat.
4) Effect of a PUD preliminary plan review. Preliminary plan approval governs the preparation of
the PUD final plan which must be submitted for final approval in accordance with the requirements
of this section.
5) Limitation of approval. The city council's review of an open space PUD preliminary plan shall
remain valid for a period of one year. The city council, in its sole discretion, may extend the
validity of its findings for an additional year.
b) PUD final plan.
1) Application deadline. Application for an open space PUD final plan shall be submitted for approval
within 180 days of city council approval of the open space PUD preliminary plan unless a written
request for a time extension is submitted by the applicant and approved by the city council.
2) PUD final plan submittal requirements. Except as may be waived by the director of planning
community development director, the following information shall constitute a complete
application for an open space PUD final plan.
a. All required information for a final plat per LEC 103.00.080.
b. All required PUD preliminary plan documents, other than the preliminary plat, shall be
updated to incorporate and address all conditions of PUD preliminary plan approval.
c. Any deed restrictions, covenants, agreements, and articles of incorporation and bylaws of
any proposed homeowners’ association or other documents or contracts which control the
use or maintenance of property covered by the PUD.
d. A final staging plan, if staging is proposed, indicating the geographical sequence and timing
of development, including the estimated start and completion date for each stage.
e. Up-to-date title evidence for the subject property in a form acceptable to the director of
planning community development director and the city attorney.
f. Warranty deeds for property being deeded to the city for all parks, stormwater ponds, open
space, etc., free from all mortgages, liens and encumbrances.
g. All easement documents for easements not being dedicated on the final plat including those
for trails, ingress/egress, etc., together with all necessary consents to the easements by
existing encumbrancers of the property.
h. Any other information deemed necessary by the director of planning community
development director to fully present the intention and character of the open space PUD.
i. If certain land areas or structures within the open space PUD are designated for recreational
use, public plazas, open areas or service facilities, the owner of such land and buildings shall
provide a plan to the city that ensures the continued operation and maintenance of such areas
or facilities in a manner suitable to the city.
3) PUD final plan review.
a. The director of planning community development director shall generate an analysis of the
final documents against the conditions of the open space PUD preliminary plan approval,
and make a recommendation as to whether all conditions have been met or if additional
changes are needed.
b. Staff should once again identify any information submittals that were waived so the city
council may determine if such is needed prior to making a final decision.
c. The director of planning community development director shall finalize the ordinance to
establish the proposed overlay district for consideration by the planning commission and
the city council.
d. The planning commission shall hold a public hearing on the proposed overlay district
ordinance and open space final PUD plans, and shall submit a recommendation to the city
council for consideration. Because an open space PUD preliminary plan was previousl y
approved, the planning commission's recommendation shall only focus on whether the
ordinance and open space PUD final plan are in substantial compliance with the open space
PUD preliminary plan and the required conditions of approval.
e. The city council shall then consider the recommendations of the director of planning
community development director, the public, and the planning commission; and make a
decision of approval or denial, in whole or in part, on the open space PUD final plan. A
denial shall only be based on findings that an open space PUD final plan is not in substantial
compliance with the approved open space PUD preliminary plan and/or the required
conditions of approval.
f. As a condition of PUD final plan approval, publication of the overlay district ordinance or
a summary thereof shall be required prior to 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
the developer of the proposed open space PUD to execute a development agreement
which may include, but not be limited to, all requirements of the open space PUD
final plan.
2. The development agreement may require the developers to provide an irrevocable
letter of credit in favor of the city. The letter of credit shall be provided by a
financial institution licensed in the state and acceptable to the city. The city may
require that certain provisions and conditions of the development agreement be
stated in the letter of credit. The letter of credit shall be in an amount sufficient to
ensure the provision or development of improvement called for by the development
agreement.
h. As directed by the city, documents related to the PUD shall be recorded against the property.
4) Time limit.
a. A planned unit development shall be validated by the applicant through the commencement
of construction or establishment of the authorized uses, subject to the permit requirements
of this Code, in support of the planned unit development within one year of the date of open
space PUD final plan approval by the city council. Failure to meet this deadline shall render
the open space PUD final plan approval void. The city council may approve extensions for
validation of the PUD of up to one year if requested in writing by the applicant; extension
requests shall be submitted to the director of planning community development director and
shall identify the reasons why the extension is necessary along with an anticipated timeline
for validation of the planned unit development.
b. An application to reinstate an open space PUD that was voided for not meeting the required
time limit shall be administered in the same manner as a new open space PUD beginning at
open space PUD preliminary plan.
105.12.1090 Open Space PUD Amendments
Approved open space PUDs may be amended from time to time as a result of unforeseen circumstances,
overlooked opportunities, or requests from a developer or neighborhood. At such a time, the applicant shall make
an application to the city for an open space PUD amendment.
a) Amendments to existing open space PUD overlay districts. Amendments to an approved open space PUD
overlay district shall be processed as one of the following:
1) Administrative amendment. The director of planning community development director may
administratively approve minor changes to an approved open space PUD if such changes are
required by engineering or other circumstances, provided the changes conform to the approved
overlay district intent and are consistent with all requirements of the open space PUD ordinance.
Under no circumstances shall an administrative amendment allow additional lots, or changes to
designated uses established as part of the PUD. An administrative amendment shall be
memorialized via letter signed by the planning community development director.
2) Ordinance amendment. A PUD change requiring a text update to the adopted open space PUD
overlay district language shall be administered in accordance with adopted regulations for zoning
code changes in LEC 105.12.280. Ordinance amendments shall be limited to changes that are
deemed by the director of planning community development director to be consistent with the
intent of the original open space PUD approval, but are technically necessary due to construction
of the adopted overlay district language.
3) PUD amendment. Any change not qualifying for an administrative amendment or an ordinance
amendment shall require an open space PUD amendment. An application to amend an open space
PUD shall be administered in the same manner as that required for a new PUD beginning at open
space PUD preliminary plan.
b) Pre-existing OP developments.
1)Pre-existing OP developments authorized prior to October 4, 2016 shall continue to be governed
per the original conditions of approval until the OP development is cancelled by the city, or the
OP development is converted to an open space PUD overlay district.
2)An application to amend an existing OP development shall require the development to be
converted into an open space PUD beginning at open space PUD preliminary plan.
a.Replatting of lots will only be required if the director of planning community development
director determines such is necessary to implement the requested change.
b.The resulting overlay zoning district shall be applied to all properties within the OP
development being amended.
105.12.1100 PUD Cancellation
An open space PUD shall only be cancelled and revoked upon the city council adopting an ordinance rescinding
the overlay district establishing the PUD. Cancellation of a PUD shall include findings that demonstrate that the
PUD is no longer necessary due to changes in local regulations over time; is inconsistent with the comprehensive
plan or other application land use regulations; threatens public safety, health, or welfare; or other applicable
findings in accordance with law.
105.12.1110 Administration
In general, the following rules shall apply to all open space PUDs:
a)Rules and regulations. No requirement outlined in the open space PUD review process shall restrict the
city council from taking action on an application if necessary to meet state mandated time deadlines.
b)Preconstruction. The city shall not grant a building permit for any building on land for which an open
space PUD plan is in the process of review, unless the proposed building is allowed under the existing
zoning and will not impact, influence, or interfere with the proposed open space PUD plan.
c)Effect on conveyed property. In the event that any real property in an approved open space PUD is
conveyed in total, or in part, the new owners thereof shall be bound by the provisions of the approved
overlay district.
ARTICLE XVIII PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
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. A Planned Unit Development (Article
XVIII)shall be within the Metropolitan Urban Service Areas (MUSA). Planned Unit Developments, outside of
the MUSA and within certain rural zoning districts, shall follow standards in Open Space Planned Unit
Developments (Article XVII).
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 2024-17 was adopted on this 1st day of October, 2024 by a
vote of __ Ayes and ___Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Charles Cadenhead, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
This Ordinance 2024-17 was published on the ____ day of ___________________, 2024.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2024-107
RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF
ORDINANCE 2024-17
WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2024-17, an ordinance that
amends Chapter 1.08 Definitions; Article XVII Open Space Planned Unit Developments; and
Article XVIII Planned Unit Development (PUD) Regulations.
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. 2024-17 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. 2024-17, an ordinance that
amends the City Code language related to the Chapter 1.08 Definitions; Article XVII Open Space
Planned Unit Developments; and Article XVIII Planned Unit Development (PUD) Regulations. This
ordinance alters language in the City Code to update regulations and correct conflicting or outdated
references. The following is a summary of the adopted ordinance language:
Ordinance 2024-17 includes the following elements to amend Chapter 1.08 Definitions; Article
XVII Open Space Planned Unit Developments; and Article XVIII Planned Unit
Development (PUD) Regulations.
1.Updates regulations
2.Corrects conflicting or outdated references
The full text of Ordinance 2024-17 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: October 1, 2024
___________________________________
Charles Cadenhead, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)