HomeMy WebLinkAbout#05 - PUD Text AmendmentSTAFF REPORT
DATE: 4/4/2023
CONSENT
TO: City Council
FROM: Jenni Faulkner, Consulting Planner
Nathan Fuerst, Consulting Planner
AGENDA ITEM: Planned Unit Development (PUD) Text Amendments
REVIEWED BY: Kristina Handt, City Administrator
Sophia Jensen, City Planner
BACKGROUND:
On February 7, 2023 the City Council, upon recommendation from the Planning Commission,
adopted changes to the Planned Unit Development (PUD) Regulations. The changes were to
streamline the final PUD process to be the same as the Final Plat process. Final plats are not
reviewed by the Planning Commission if they are consistent with the preliminary plat. The
change was to allow final PUD’s to be reviewed with a final plat by only the City Council.
A PUD is an overlay zoning district that provides flexibility in the use of land and the placement
and size of buildings within the development of residential and nonresidential areas. Approval
of a PUD overlay district results in specific requirements and standards that are unique to that
specific development. Examples of approved PUDs within the City of Lake Elmo include
Legacy at North Star, Wildflower at Lake Elmo, and Eagle Point Business Park.
Because the PUD is an overlay zoning district, it is adopted by an Ordinance. A public hearing
is required to adopt an Ordinance (and therefore a PUD). As the code is written and with the
recent ordinance changes, the hearing for the ordinance is now written to take place with the
Council at final PUD/Final Plat review.
The proposed housekeeping changes clarify that at preliminary plat/preliminary PUD the public
hearing and ordinance adopting the PUD are done at this first stage. Then if the final plat/PUD
is consistent with the preliminary plat/PUD, it can be reviewed by City Council, consistent with
the final plat review process. This is a change in process, as the ordinance has historically been
done at the final PUD stage. Language has been added to address existing approved Preliminary
PUD’s such that they can follow the previous process and have the City Council approve the
Ordinance with Final PUD. The proposed changes are consistent with the intent of previous PUD
ordinance changes to streamline the process.
CONSIDERATION BEFORE THE CITY COUNCIL:
City Council must decide to approve or not approve the proposed PUD text amendments to
105.12.1210(b)(3)(d) and 105.12.1210(b)(4) PUD preliminary plan review section and
105.12.1210(c)(3)(c-e) PUD final plan review section.
RECOMMENDED AMENDMENTS:
Staff recommends removing strikethrough text below and adding those in underline.
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105.12.1210(b)(3)(d) 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. The City Council shall review and finalize the ordinance.
Adoption and publication of an overlay district ordinance shall occur upon
approval of the preliminary PUD. The effective date of the ordinance shall be
upon approval of the final PUD.
105.12.1210(b)(4) PUD preliminary plan review
4. Effect of a PUD preliminary plan review. The approved PUD preliminary plan and
ordinance 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.
105.12.1210(c)(3)(c-e) 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 City Council. If the Planning Director finds the final PUD
documents to be inconsistent with the preliminary PUD plan and Ordinance, then the
preliminary PUD plan and ordinance shall be amended.
d) The City Council shall then consider the recommendations of the Planning Director, 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 of the approved PUD preliminary plan.
e) As a condition of PUD final plan approval, publication of the PUD ordinance shall be
required before filing of the approved final plat. For Preliminary PUD’s approved prior to
April 4, 2023, they may follow the previous final PUD process and have the City Council
adopt the PUD Ordinance with the final PUD approval.
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PUBLIC COMMENT
A public hearing for the proposed text amendment to the PUD Preliminary Plan section and PUD
Final Plan section was published in the local paper on March 17, 2023. A public hearing for the
proposed text amendment to the PUD Preliminary Plan section and PUD Final Plan section was
held on March 27, 2023by the Planning Commission. No public comments were received and
staff has not received any public comments to date.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommends that the City Council adopt the staff proposed
amendments to Sections 105.12.1210(b)(3)(d) and 105.12.1210(b)(4) PUD preliminary plan
review and 1210(c)(3)(c-e) PUD Final Plan Review as proposed.
FISCAL IMPACT
None.
OPTIONS
The City Council may:
• Approve the proposed amendments.
• Revise the proposed amendments.
• Deny the proposed amendments.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt the staff proposed amendments to Sections
105.12.1210(b)(3)(d) and 105.12.1210(b)(4) PUD preliminary plan review and 1210(c)(3)(c-e)
PUD Final Plan Review as written.
“Move to adopt Ordinance 2023-08, amending Article XVIII Planned Unit Development
(PUD) Regulations”
AND
“Motion to approve summary publication of Ordinance 2023-08 (the PUD Ordinance
amendments) with approval of Resolution 2023-034”
ATTACHMENTS:
Ordinance 2023-08
Resolution 2023-034
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 2023-08
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY AMENDING THE
PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS
SECTION 1. The City Council of the City of Lake Elmo hereby ordains that Title 105 Zoning;
Chapter 105.12: Zoning Code, Section 1210 is hereby amended by changing the following section
(Proposed language is underlined, deleted language is shown with strikethrough):
105.12.1210(b)(3)(d) PUD final 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. The City Council shall review and finalize the ordinance. Adoption and publication
of an overlay district ordinance shall occur upon approval of the preliminary PUD. The
effective date of the ordinance shall be upon approval of the final PUD.
105.12.1210(b)(4) PUD final plan review.
4. Effect of a PUD preliminary plan review. The approved PUD preliminary plan and ordinance
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.
105.12.1210(c)(3)(c-e) 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 City Council. If the Planning Director finds the final PUD documents to be
inconsistent with the preliminary PUD plan and Ordinance, then the preliminary PUD plan and
ordinance shall be amended.
d) The City Council shall then consider the recommendations of the Planning Director, 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 of the approved PUD
preliminary plan.
e) As a condition of PUD final plan approval, publication of the PUD ordinance shall be required
before filing of the approved final plat. For Preliminary PUD’s approved prior to April 4, 2023,
the final PUD may follow the previous final PUD process and have the City Council adopt the
PUD Ordinance with the final PUD approval.
SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption
and publication in the official newspaper of the City of Lake Elmo.
SECTION 5. Adoption Date. This Ordinance 2023-08 was adopted on this 4th day of April, 2023, by a
vote of __ Ayes and ___Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Charles Cadenhead, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
This Ordinance 2023-02 was published on the ____ day of ___________________, 2023.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2023-34
RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE
2023-08
WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2023-08, an ordinance that
amends the City’s Zoning Code Chapter 105.12 Zoning Code, 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. 2023-08 to be published in
the official newspaper in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 2023-08, an ordinance that
amends the City Code language in the Zoning Ordinance. This ordinance alters language in the
City Code to update the PUD process for the preliminary and final PUD. The following is a
summary of the adopted ordinance language:
Ordinance 2023-08 includes the following elements to amend Chapter 105.12 Zoning Code,
Section 105.12.1210(b)(3)(d) and 105.12.1210(b)(4) PUD preliminary plan review to allow for the
PUD ordinance to be adopted with preliminary PUD and 105.12.1210 (c)(3)(c-e) PUD final plan
review to allow final PUD’s to be approved by City Council if consistent with their respective PUD
ordinance.
The full text of Ordinance 2023-08 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: April 4th, 2023
___________________________________
Charles Cadenhead, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)