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HomeMy WebLinkAbout06-14-16 CCWP'f I IN CITY 01= AKE ELMO Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character NOTICE OF MEETING City Council Workshop 3800 Laverne Avenue North Tuesday, June 14, 2016 6:30 PM L Call to Order 6:30 pm II. OP Discussion 6:30 pm III. Shoreland Ordinance Draft 7:00 pm IV. Adjourn 7:30 pm Engineering I S;::1'1'22;;iM,', I Planning I Er,rirc,nmeni,„ ra DATE: 6-14-16 TO: Lake Elmo City Council FROM: Stephen Wensman, City Planner SUBJECT: OP Ordinance Update — Updated Draft for Discussion PURPOSE To update the City's OP development codes to eliminate on -going issues (Le. allowed density, required buffers, lot design, etc) and to ensure these developments are meeting the City's expectations, BACKGROUND The Planning Commission reviewed an initial draft of this language in April, and Council examined a subsequent draft in early May. At Council's direction, an updated draft was then prepared integrating Council's feedback. Provided Council believes things are moving in the right direction, we would intend to use feedback from this meeting to draft a final ordinance that would go before the Planning Commission for a public hearing. APPROACH SUMMARY REVIEW Specific issues staff was asked to address with this update included but were not limited to: • Continue placing a focus on proper septic site locations to determine future tot locations, but maintain the current set of options (individual and communal options); • Give more options as to what could be done on Open Space land; • Add criteria for what buffers will be required; • Limit accessory structure height to 22' ▪ Maintain 40 acre minimum before OP can be used; • Consider referencing new landscaping regulations; ▪ Consider updates to hardcover regulations; • Change all references to an HOA to a CIC; • Provide for a slight increase in density by right (many have received waivers for up to 20 units per 40 acres); • Maintain open space requirements; Lake Elmo Council Meeting June 14, 2016 Page 2 of 3 • Maintain 4/5 waiver voting requirement by Council; • Update street requirements per direction of the City Engineer; • Consider updating the process if necessary (i.e. transitioning to an overlay district rather than a CUP) • Remove redundancy found throughout the current regulations. WORKSHOP DIRECTION The following issues have been addressed in this updated draft: • The purpose statement was updated to stress the City's intent to provide flexibility through this process (pg 1). • Options for minimum land area have been provided, and materials to assist Council with this decision have been included in the packet (pg 2). ▪ Required super -majority votes for deviations have been eliminated in favor of standard PUD review criteria to determine if flexibilities being sought are in line with City goals (pgs 4 & 7). • The Comp Plan was re-examined, and staff has confirmed that a comp plan change will be necessary if Council would like to allow for greater density within open space PUDs (pg 4). Required buffer language was updated as directed (pg 5). Specific roadway standards were eliminated in favor of referencing the City's standard engineering specifications & plates. Deviations from adopted standards would need to be justified through the PUD process (pg 6). • Minimum lot sizes have been restored to existing standards: 1 acre and 1/2 acre. (pg 6). • Clarification on how "buildable areas" are determined was added (pg 6). ▪ All individual septic systems will now be required to be on private property outside of any easement areas (pg 8). • Existing language on "wetland treatment systems" was eliminated as directed (pg 8). • Optional landscaping standards that had been offered were eliminated in favor of existing standards (pg 9). • Open Space PUD review criteria have been updated to give Council a rational way to determine whether a proposal is achieving the City's goals (pg 11). • Sketch plan review no longer includes a public hearing in front of the planning commission (although it will still go before the Planning Commission for review and comment) (pg 13). • Language regarding easements to be dedicated at with the Final Plan highlights that "buffers" may be something protected/created by an easement (pg 18). Lake Elmo Council Meeting June 14, 2016 Page 3 of 3 UPDATED DRAFT • The updated draft before Council continues to include comments in the margin to either explain the provisions being proposed, or highlight the changes that have been made. Comments highlighted in yellow have been updated or added since the last draft in May. • For your reference, we have also included a draft that utilizes underlines and strikeouts to show specific changes since May. • Note: Language in RED within the draft ordinance indicates language that must be added, amended, or still needs to be addressed. In preparation for the meeting on the 14th, we again ask that you to read through this draft and prepare questions for discussion ahead of time. Nothing is finalized, and feedback from Council will dictate the final ordinance to be assembled by staff. Thank you! CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE TO REPEAL EXISTING OPEN SPACE DEVELOPMENT REGULATIONS WITHIN CHAPTER 150, ADOPT NEW OPEN SPACE DEVELOPNIENT REGULATIONS IN CHAPTER 154, AND TO IMPLEMENT REFERENCE UPDATES IN CHAPTER 154 SECTION 1, (Will include definition updates if needed -- TBD) SECTION 2, (Will repeal existing OP codes in Chapter 150) SECTION 3, (Will replace existing OP codes in Chapter 150 with reserved language) i.e. "Sections 150.161 through 150,199 — RESERVED" SECTION 4 (Will clean up numerous existing problems with numbering in Chapter 154 to allow for placement of the new ordinance within zoning) SECTION 5 Will adopt the new Open Space Planned Unit Development Regulations as follows: Article X11: OPEN SPACE PLANNED UNIT DEVELOPAIENTS § 154.650 PURPOSE. "rho purpose of open space planned unit developments is to • 1—eiliaracici- Elmo cikkidonti),•:111. \ 11,1111:: Wili1111 5tIt 00111011S (11: ,:01111111.11111.V SOP; preserving agricultural land, woodlands, conidors, pollinator & wildlife habitat, and other significant natural features-, slc,•aliTinent consistent with the goals and objectives of the Comprehensive Plan, The City reserves the riiAt to i,lenv establishment of 31)snS11:ICC P(JI) (WCII:11 Monet and direct a di:xi:loner to re -:triply under standard zonitiii, provisions if it is der -mined that nrimosed ben,lits Millie open soar PUD do net itistilv the requested Ilcxihiliiies. § 154.651 INTENT. It is the intent of the City of Lake Elmo that open space planned unit developments will offer needed development flexibility within the Auicultural, Rural Residential, and Rural Estate zoning districts to Page 1 of 23 provide for: (A) A variety of lot configurations and housing styles that may not otherwise exist within the Citv's rur 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 infrastnicture in a rural setting; (D) Protected open space to enhance and preserve the natural character of the community; and (E) The creation of distinct neighborhoods that are interconnected within rural areas. § 154.652 DEFINITIONS. Unless specifically defined itt §§ 154.009 et seq., common definitions, words, and phrases used in §§ 154,009 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code and are found in § 11.01. § 154.653 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 fee(s) set forth in iltk Cole 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 Platinitrz, including a public hearing before the Planning Commission, and be acted upon by the City Council. If a proposed PUD is denied, any subsequent application for a substantially siniilar PUD within one (l) year of the date of denial shall fully address all findings which supported the denial prior to being accepted as complete, § 154.654 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 10 1 date or ordinance public:Mord shall be allowed to continue per the original conditions of approval. § 154.655 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. Page 2 of 23 (B) The minimum land area for establishment of an open space planned unit development is a nominal contiguous L40, 30,20, IP) 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. § 154.656 USES WITHIN OPEN SPACE PUDs. (A) Primary Uses. (1) Permitted. (a) Single-family, detached; (h) Preserved open space; (c) Conservation easements; (d) Agriculture; (c) Suburban hums; (t) titivate stables; (g) Single-family, attached; (h) Townhouses (no more than 25% in any developtnent) (i) Wayside stand; and (j) Public parks and trails. (2) Conditionally Perniitted. None (3) Interim Permitted. None (B) Accessory Uses. (I) Permitted. Uses deemed by the i rectorot Fkiuuiou to be typically accessory to an established permitted use on the property as listed in I54.656(A)( I ). Conditionally Permitted. None Interim Permitted. None (2) (3) (C) Prohibited Uses. Page 3 of 23 All other uses not listed in 154.656(A)( I ) or I 54.656(A)(2) are hereby prohibited. (D) Use Restrictions Adopted PUD overlay district regulations may include specific provisions governing uses which supersede the general regulations herein or that which may otherwise be required by underlying zoning. § 154.657 OPEN SPACE PUD DESIGN Open space PUDs shall comply with all of the following minimum design standards unless modifications are authorized f ruion by the City Council via ' at the time of PUD Sketch Plan review. Authorization of such modifications resulting from a PUD Sketch Plan review shall not he construed as approvals for the change(s), but rather as an authorization to present such modifications as a component ()Utile plan during the PUD Preliminary Plan review, (A) Density The maximum dwelling unit density within an open space planned unit development shall he 2{) 1.11 pe 4fl acr.'s huildablc land; however, the total number of dwelling units shall not exceed the density limitations contained in the Comprehensive Plan for Opens Space Preservation Development. (B) Lot Design Lot locations and configurations within open space planned unit developments shall be derived utilizing the following methodology. An applicant must he able to deinonstrate 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 he 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, and must meet a minimum lot size requirement as outlined herein, (h) If individual septic tanks which utilize communal drain fields is the chosen methodology Page 4 of 23 to serve the development, then the location(s) for communal drain fields shall be identified within the urea(s) 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. (3) Identification of Required Buffers No build zones from each property boundary shall be derived as follows: (a) A two -hundred (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 one -hundred (1.00) foot buffer from all adjacent property lines that abut so Ni,41;11pen or ktroland thw is eligible for future development as an open space planned unit. development. (c) 11' the development site is adjacent to an existing or ;iorro‘ed OP development, the required buffer shall he equivalent to thc buffer that was required of the adjacent development (see Section f(sq(15-1.6.50), vok Cifv huffe;-: er)lic,.1:: iffe—afftl-i.- („Tog;oolry o.:eurring .;;ie, or pro' will pr..id, co ellIketiv.: yea' (ono [-,{4-1-; ,1111r:LUIVt: profhl,:cd t!1.: Med Una- (4) Identification of Preferred Building Pad Locations Building pad locations [up to the maximum number of units permitted by 154.657(A)] which preserve natural topography and drainageways (in as much as possible), minimizes tree loss, protects historic sites or structures, and limits the need for soil removal andAir grading shall then be identified. The orientation of individual building sites shall strive to maintain maximum natural topography and ground cover. (a) Building pads shall be located outside of required buffers, and shall he cited so as to provide ample room for accessory structures on future lots. (b) possible, building pads shall Is, urient,d in small clusters off11 referred to zit; rural hainlets. (c) If individual septic tanks and drain fields for each lot are to be utilized., locations for primary and secondaiy facilities for each proposed building pad shall also be identified. Generalized locations for such may be shown during the PUD Sketch Plan phase, but all such sites must be verified as being viable as a component of PUD Preliminary Plan review, (d) 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. Page 5 of 23 (5) Placement of Streets (a) Streets shall then bc designed and located in such a manner as to: 1. Nlaintain and preserve natural topography, groundcover, significant landmarks, and trees; 2. Minimize cut and fill. 3. Preserve and enhance both internal and external views and vistas; 4. Promote road safety, 5. Assure adequate access for lire and rescue vehicles; and 6. Assure and promote adequate vehicular circulation both within the development and with adjacent neighborhoods. (h) The .„ design c.ir streets and the dedieation of right-of-way for shall be -14-1-I4e.t, and th in compliance with tlie Citv'S SlUaluird nlates and specifications as may be 50LL5I11L Wed. (c) Streets shall not encroach into a required buffer area unless it can he demonstrated that such an alignment is necessary to achieve the goals outlined above, and that nu equivalent option exists outside o the buffer, Diving surfaces that cross the buffer area at a 90 degree angle to provide current or future access to an adjacent property or boundary mad shall be the only exception. 4, Pavem,iii-silit1441,---1-1-t.: rer I -22 L. G‘i- 2 3. Pa., einenthh Jiabe 22 te 2 ! fee: f,r 1. not he with a rural (6) Lot Creation Based on the street location(s), building pad locations, and septic system location(s); lines to delineate individual lots shall then be identified in accordance with the following: (a) Lot Size 1. Single-family lots being served by individual septic tanks and drain fields shall be a minimum of one (1) acre in size; 2. Single-family lots being served by individual septic tanks utilizing communal drain fields shall he a minimum of 1.'2 acre (10,S112 I :NI ) square feet) in size; 3. Base lots for townhomes shall he large enough such that individual unit lots can meet all required structure setbacks contained herein, Page 6 of 23 (b) Buildable Area to be Shown 1 Buildable area on each proposed lot shall he shown—Lif,4fr4i ztic:ti,liall,...:ccludc kind within (h.' rtillownw ats; c, Reouired buffers from adjacent ruicel,iliinds Isee section 154,657+3g Steen slimes: Droinave Las,:irhins-, and Land within 1h 'ollowing.:;,21ba;1.:;tanslit+d-r;;dhaek,•,: Front Yard Side Yard Corner Lot Front Yard Corner Lot Side Yard Rear Yard Well from Septic Tank 1N,111111111111141111 '',*• HOUSING TYPE' 0 20 15 feet or 10% or lot width 30 30 20 50 XXX XXX XXX XXX XXX XXX 2. Proposed buildable area on each lot shall bc sufficient to accommodate primary and accessory structures that are normal and customary to the type of development being proposed. (7) Open Space and Parkland Adjustments (a) Open Space L The total preserved open space area within ail open space planned unit development shall he no less than 50% of the total gross land area, as defined by § I 1.01. If this threshold is not achieved after following the first six steps of lot desien, the proposed lot areas will need to be adjusted or lots eliminated until this requirement is met. :Not less than 60% 01 thi: preserved open space shall h. in conliYtimis parcels kt IuIi 1.,:n I 101 orOle acres ill size. 3. Preserved open space parcels shall be contiguous with preserved open space or public park land on adjacent parcels. (b) Parkland 1. Parks and recreational facilities shall be provided in addition to preserved open space as specified in the Lake Elmo Parks Plan, Page 7 of 23 Formatted: Font color. Red 2. Determination of whether a land or cash dedication will be required to fulfil parkland requirements will be at the discretion of the City Council, with direction to be provided as a component of PUD Sketch Plan review. If a required parkland 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 dedication shall be consistent with the dedication and fee -in -lieu standards specified in Chapter 153. § 154.658 OPEN SPACE PUD DEVELOPNIENT STANDARDS Open space PUDs shall comply with all of the following development standards unless modifications are authorized 4 :- by the City Council via a .up- 4nt.ot, at the time of PUD Sketch Plan review, Authorization of such modifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s), but rather as an authorization to present such modifications as a component of the plan during, the PUD Preliminary Plan review. Preserved Open Space Standards (a) All preserved open space within an open space planned unit development shall he subject to a conservation easement and used for the purposes as defined h 50.173 (b) Preserved open space land shall be controlled in one or more of following manners as determined at the sole discretion of the City Council: I. Owned by an individual or legal entity who will use the land for preserved open space purposes as provided by permanent conservation restrictions (in accordance with M.S. Ch, 8-IC.01-.05, as it may be amended from time to time), to an acceptable land trust as approved by the city; and'or 2. Conveyed by conservation easement to the city. (c) Preserved open space land shall he 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 he maintained or returned to a natural state and who will be responsible for plan implementation. Developers shall provide copies of common interest community (CIC) declarations to prospective purchasers, 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. (d) Where applicable, a Common Interest Community association shall be established to pennanently maintain all residual open space and recreational facilities. The Common interest Community association agreements, guaranteeing continuing maintenance, and giving lien right to the city if there is lack of the maintenance shall be submitted to the city as part of the documentation requirements of 150.175 c! s,v, for a final plan. Page 8 of 23 (2) Septic Sy stem Design Standards la) In General filj All septic systems shall conform to the performance standards of the Minnesota Pollution Control Agency's standards for sewage treatment systems WPC-7080 and its appendices, or the M.P.C.A. standards in effect at the time of installation and septic system regulations of the Lake Elmo Municipal Code. (h) ( iii eptic Drain fields Sal,..!.s for individual ser,lic drain 11,1s1s. Is all primary iiidsaundary, must be locaksl entire's' lot and catinot he located Nvithin tiny other easement (e) C'ommu nal Drain Fields. ktql, ()minium] drain fields may be partially or completely located in an area designated as preserved open space provided: Jr,i. _The ground cover is restored to its natural condition after installation; and 2ii.__Recreational uses are prohibited above or within 50 feet of communal drain fields, or as approved by the City Engineer. 2.!s4 ;thia,1 sy.ti..an shall l+e 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. (3) Building Standards (a) Principal structures Within open space planned unit developments shall not exceed 2 and i/z stories or 35 feet in height, (b) Accessory structures within open space planned unit developments shall not exceed 22 feet in height. (c) It is desired that the structures within neighborhoods convey a particular architectural style with similar building components, materials, roof pitches. The PUD Overlay ordinance crafted for each individual development should establish minimum architectural standards for the neighborhood. (4) Landscaping Standards (a) A landscape plan for the entire site is required and shall consist of at least 10 trees per building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level. (b) Boulevard landscaping is required along all streets to consist ofat least I tree per every 30 feet or placed in clusters at the same ratio. Page 9 of 23 oref-Aittl-pldift-a-ffikai-ottat tree.1.. I ;1-nod 1-) the C4)1111)3+HiliD, DLI arlto,nt b‘s ne,Ka'ally NOttc4-1-4414C!'. 11.111-,1 by Lhis 1,1'0 tfee, a; 2 I o' I (1!.I lic,itl-irretr-hol!):.-.i,,tx: • i*Ijr+6.-40-r; Nvay lOF I15JIs....,.:0;-,n,i-i-rfhl-tietween 5 1;eet-H.ot-I 10 40 \ b, (5) Impervious Surface Standards (stil) needs kV Ork) The maximum impervious surface allowable Nvithin an open space planned unit development shall be 20% of the land area not dedicated as preserved open space subject to the following: (a) impervious surfaces created by roads, trails, and other planned impervious improvements shall count against the maximum allowed impervious coverage. (h) Remaining allowed impervious surface acreage may be disnibuted between the planned building sites, and maximums for each lot shall be clearly documented within the overlay district ordinance governing the development. (c) On individual lots, areas covered by pervious pavers or comparable systems may receive a 2.5"/ii credit against the lot's hardcover if the system is installed consistent with the Citr of Lake Elmo Engineering Standards Manual, and adequate storm water mitigation measures (as may he necessary) are installed to mitigate potential runoff created by the additional coverage above the allowed impervious surface threshold„kll such credits shall be at the discretion of the City Engineer. (6) Trail Standards A trail system or sidewalks shall be established within open space planned unit devL•lopments in accordance with the following: (a) 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. (b) All trails shall he constructed of asphalt or concrete in coinpliance with the standard city design plate for 042-trails. (c) Proposed trails shall provide connections between and access to the buildable land areas and preserved open space land being created by the development. (d) Proposed trails shall connect to existing, planned, or anticipated trails or roads on adjacent parcels. (e) If applicable, trails shall be linked (or be designed to provide a future link) to the "Old Village" to etnphasize the connection beMeen existing and new development. Page 10 of 23 § 154.639 BUFFER SETBACKS IN OP DEVELOPNIENTS Buffer setbacks shall be applied fmin the edge of the existing open space preservation developments as follows. Ket-okumended-Buffer Setbacks in OP Developments (in feet) St. C'roix's Sanctuary. Discover Crossing. Whistling Valley I Whistling Valley 11 Whistling Valley III Fauns of Lake Elmo Prairie Hamlet Fields of St. Croix 1 Fields of St. Croix 11 The Homestead Tapestry at Charlotte's Grove Tamarack Farm Estates Sunfish Ponds Hamlet on Sunfish Lake Cardinal Ridge Wildflower Shoves Heritage Fauns Tana Ridge (Res. 2009-033) Parkview Estates (Res. 2009-033) North Edge 200 200 25 25 50 100 200 50 50 50 100 100 50 100 100 200 50 N/A South Edge 50 100 200 100 100 50 50 N/A West Edge 50 50 N/A 85 100 100 50 200 200 200 50 200 50 200 100 100 100 100 100 50 200 50 100 N/A N/A N/A 50 East Edge 100 100 N/A NIA N'A 25 100 100 N/A 50 50 100 200 50 50 200 50 50 50; except Lot 9, NIA N/A 50 Block 5 use 20 ft Page 11 of 23 Exception Parcel(s) N 'A 100 N/A § I54.660 OPEN SPACE PUD REVIEW CRITERIA The following findings shall be made by the City Council prior to approval of new or amended open space planned unit development: (I) t2) (;1 (2) The proposed development +s consistent with the goals, objectives, and policies of the Comprehensive Plan. P+0—F�f214+i,*f H;tr'— All orLI' .I llil)CS ' PUD u, outlined in 5 l54 All open ,race PUD design standimls tits outlined in 154.6571 and all orlon space ni c'n.;arnl1 I ,nC Of au�re �ehieular and cedes oil LII:Ili,,lt. enhanced land cant efficient u;eofttlili1i 154 (l3S1 in.,: met: or if de%iations are nroni,sed. that c. The o\YraII de;ien hmmnsed dOVIations may in ll enh;nice aesthc)ieS of (41 if ilne +br„t t}>, d PUD involves eon;truetion all er two or more' +th;t.ca' . tln .0 nli tent demonstrated that ea0h phase ctln,thle of heine a stand-alone de: el,lnntent indrncnlle uher nll.he>. § 154.661 OPEN SPACE PUD REVIEW PROCEDURE All requests to establish an open space Planned Unit Development shall be initiated by following the steps below. (I) Open Space PUD Sketch Plan (a) Purpose The open space PUD Sketch Plan is the first step in the development process which gives tite applicant an opportunity to present their ideas to the City Council and public so as to gain general feedback on areas that will require additional analysis, study, design, changes, etc. -1- Feedback gained during the open space PUD Sketch Plan phase should be addressed within the subsequent PUD Preliminary Plan. Page 12 of 23 2. .1t-4.40411+&-i-fs di:;ru ia sup,r f ;t=,1:13111:11 ehtt-i-i-tilttl-1+1-ek-142t÷1-5-1-4).F.4-111%-§-1-S-14F.T.f: r:!re,F,r11:',1 ;=-1-10-147..e i4c4rn PLD Preliiii4nop.. Plan ;hz t Eit-H9--t4-tit if , ' -124.4D S I -.....te14-P .41a41 e.1-1.be ft-ie.-el.:14r the eliang-efsi, hif4144.4her as no nuthor-t4,4n-44, n„; eoim,-znent44( the p44m4ining. 0:z PL'D-P1-1-in+i-u-a (b) Specific open space PUD Sketch Plan Submittal Requirements Except as may he waived by the C-infininil!.4 D.-, el, priLnt D..partineFi-i Director of Planning, the following information shall constitute a complete application for an open space PUD Sketch Plan. I. A listing of contact information including name(s), address(es) and phone number(s) of: the owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates; 2. A listing of the following site data: Address, current zoning, parcel size in acres and square feet and current legal descriptioMs); 3. A narrative explaining the applicant's proposed objectives for the open space PUD, a listing of the proposed modifications from standard in § 154.657 as may be applicable, and an explanation of how the proposal addresses the PUD review criteria in § 154.660. 4. A listing or general information including the following: a. Nuinber of proposed residential units. b. Calculation of the proposed density of the project showing compliance with § 154.657(A). c. A listing of all proposed land uses (i.e. preserved open space, buildable sites, parkland, etc). d. Square footages of land dedicated to each proposed land use. 5. An existing conditions exhibit, including topography, that identifies the location of the following environmental features along with calculations (in acres) for each: a. Gross site acreage; b. Existing wetlands; c. Existing woodlands; d, Areas with slopes greater than 12%, but less than 25%; e. Areas with slopes of 25% or greater; f. Woodlands: g. Other pertinent land coverts). Page 13 of 23 6. An open space PUD Sketch Plan illustrating the nature of the proposed development. At a tninimum, the plan should show: a. Existing zoning district(s) on the subject land and all adjacent parcels; b. Layout of proposed lots and proposed uses denoting Outlots planned for public dedication andlor preserved open space; e. Area calculations for each parcel; d. General location of wetlands and/or watercourses over the property and within 200 feet °idle perimeter of the subdivision parcel; e. Location of existing and proposed streets within and immediately adjacent to the subdivision parcel; I. Proposed sidewalks and trails; g. Proposed parking areas; h. General location of wooded areas or significant features (envimninental, historical, cultural) of the parcel; i. Location of utility systems that will serve the property; j. Calculations for the following: 1. Gross land area (in acres); ii. Number of proposed residential units. iii. Proposed density of the project showing compliance with § 154.657(A), iv. Acreage & square footage of land dedicated to each proposed land use (i.e. preserved open space, buildable sites, parkland, etc). v. Acreage & square footage of land proposed for public road right-of-way; vi. Acreage & square footage of land dedicated to drainage ways and ponding areas; vii. Acreage & square footage of land for Trails andlor sidewalks (if outside of proposed road right-of-way); k. Other: An applicant may submit any additional information that may explain the proposed PUD or support any requests for modifications (i,e, a landscaping plan to support the lessening or elimination of an otherwise required buffer). 7. The outline of a conceptual development schedule indicating the approximate date when construction ofthe project, or stages of the same, can be expected to begin and he completed (including the proposed phasing of construction of public improvements and recreational & C0111111011space areas). 8. A statement of intent to establish a Common Interest Community association with bylaws and deed restrictions to include, but not be limited to, the following: a. Ownership, management, and maintenance of defined preserved open space; b. Maintenance of public and private utilities; and Page 14 of 23 c, General architectural guidelines for principal and accessory structures. 9. If applicable, a historic preservation plan for any historic structures on the site shall be submitted. (c) Open Space PUD Sketch Plan Proposal Review 1. Planning Commission a. Upon receiving an open space PUD Sketch Plan proposal, the C(-)iiiiiniriity shall schedule a date upon which the Planning Commission will review the dos-n 4-ht4t-i-i--phIi io. ou the proposal: N b. t'. _Loon comnletinv. th,tir ro iew. the Planning Commission shall adopt findings and recommendations on the proposed open space PUD as soon as practical. 11), C m,iuuil 0, C.‘,4imon c. The Director (if Planning may forward an application to the City Council without a recommendation from the Planning Conunission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review. 2. City Council a. The City Council may listen to comments on the proposed development if they deem such necessary prior to taking action on the proposed open space PUD Sketch plan. b. After consideration of the ct-' 41ittRliFity Developnient 0,ipartir.,ttr-Direct) Planning's recommendation, the Planning Commission recommendation, and the comments received at the public healing, the City Council may comment on the merit of the request, needed changes, and suggested conditions that the proposer should adhere to with any future application. c. For each of the identified modifications to the minimum standards outlined in § 154.657, the City Council shall take a vote to instruct the applicant as to whether the modification can be pursued as a component °Utile PUD Preliminary Plan review, The ability to pursue approval of modified standards may only be authorized via a super -majority vote of the City Council. (d) Effect of a PUD Sketch Plan Review The City Council and Planning Commission's comments during the PUD Sketch Plan review are explicitly not an approval or denial of the project, and are intended only to provide information for the applicant io consider prior to application for an open space PUD Preliminary Plan. Page 15 of 23 (e) Limitation of Approval The City Council's review of an ()pen space PUD Sketch Plan shall remain valid for a period of six (6) months. The City Council, in its sole discretion, may extend the validity of their findings for an additional year, PUD Preliminary Plan (a) Prerequisite No application for an open space PUD Preliminary Plan will be accepted unless a distinctly similar proposal has completed the open space PUD Sketch Plan review process which is valid upon the date of application. (b) PUD Preliminary Plan Submittal Requirements Except as may he waived by the Elromituriev-el(-ipins.iii DOpiii+H-1,41{ D i r r or l'IminiiiL! the following information shall constitute a complete application for an open space PUD Preliminary Plan. 1. All required information for a preliminary plat per Chapter 1102, Section I 102,0I(C) and Section 1102.02. A written summary of the required Developer Open House meeting as required by Chapter 1102, Section 1102.01(3)(5). 3. A separate open space PUD Preliminary Plan which includes the following information: a. Administrative information (including identification of the drawing as an "Open Space PUD Preliminary Plun, he proposed name of the project, contact information for the developer and individual preparing the plan, signature (lithe surveyor and civil engineer cenifying the document, date of plan preparation or revision, and a graphic scale and north arrow); h. Area calculations for gross land arca, wetland areas, right-of-way dedications, and proposed public and private parks or open space; c. Existing zoning disuict(s) on the subject land and all adjacent parcels; d. 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 andlor open space (schools, parks, etc.); e. The location of proposed septic disposal area(s): f. Area calculations for each parcel; g. Proposed setbacks on each lot (forming the building pad) and calculated buildable area., 11. Proposed gross hardcover allowance per lot (i1-applicable); Page 16 of 23 Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s) in question; j. Delineation of wetlands and/or watercourses over the property; k. Delineation attic ordinary high water levels of all water bodies; 1. Location, width, and names of existing and proposed streets within and immediately adjacent to the subdivision parcel; in. Easements and rights -of -way within or adjacent to the subdivision parcel(s); n. The location and orientation of proposed buildings; o. Proposed sidewalks and trails; p. Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, tire lanes, emergency access, if necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic control devices; q. Lighting location, style and mounting and light distribution plan. r. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable); s. Location, access and screening detail of largo trash handling and recycling collection areas 4. Colored renderings which detail the building materials being used and clearly communicate the look and design of the proposed building(s); 5. Proposed architectural and performance standards for the development; 6. A grading drainage and erosion control plan prepared by a registered professional engineer providing all information as required by Public Works, the City Erp2iiwk:t andlor the li.i.iximi...iiiDirector of Plaiitiine 7. A utility plan providing all information as required by Public Works. the City Engineer, and/or the :IT: Di ro:tor of Planning; 8. Results or deep soil test pits and percolation tests, at the rate of no fewer than 2 successful test results for each proposed septic disposal area; 9. A landscape plan, including preliminary sketches of how the landscaping will look, prepared by a qualified professional providing all information outlined in Section -.insert applicable sodion Iicre; 10. A tree preservation plan as required by Section ..;iiiscrt applicable scctiort lje I I. The location and detail of signage providing all pertinent information necessary to determine compliance with Section Hasert ilppl icul) le section Page 17 of 23 (e) 12. A traffic study containing, at a minitnum, 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; 13. A plan sheet or narrative clearly delineating all features being modified from standard open space PUD regulations; 14. Common Interest Community Association documents including bylaws, deed restrictions, covenants, and proposed conservation easements. .Any other information as directed by the Cm+unuility Ihvelopirient D...riirimoin,,Direetor Planninu, PUD Preliminary Plan Review 1, As part of the review process for an ()pen space PUD Preliminary Plan, the 4Director of Plantliiiir, shall generate an analysis of the proposal against the expectations for PUDs, and make a recommendation regarding the proposed overlay district fir Planning Commission and City Council consideration. Director of Plannine shall prepare a (haft ordinance to establish the potential overlay district to be established as a component uf the PUD Final Plan. 3. 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. 4. In approving or denying the PUD Preliminary Plan, the City Council shall make findings on the PUD review criteria outlined in Section 1023.08. 5. As a condition of PUD Preliminary Plan approval; finalization, adoption, and publication elan overlay district ordinance shall need to occur prior to the filing of any future final plat. (d) Effect of a PUD Preliminary Plan Review Preliminary Plan approval governs the preparation of the PUD Final Plan which must be submitted for final approval in accordance with the requirements of this Article. (e) Limitation of Approval The City Council's review ofan open space PUD Preliminary Plan shall remain valid for a period of one (I) year. The City Council, in its sole discretion, may extend the validity of their findings for an additional year. Page 18 of 23 (3) PUD Final Plan (a) Application Deadline Application for an open space PUD Final Plan shall be submitted fin approval within ninety (90) 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. (b) HID Final Plan Submittal Requirements Except as may be waived by the Comititi-nity,De4,-itin+ent-D,taP..-(thentDireeti it. of Plannine, the following information shall constitute a complete application for an open space PUD Final Plan. All required information for a final plat per <insert appiicahle section liere›; 2. 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. 3. Any deed restrictions, covenants, agreements, and articles of incorporation and bylaws of any proposed 110MCONVIlaSr association or other documents or contracts which control the use or maintenance of property covered by the PUD. -I. A final staging plan, if starting is proposed, indicating the geographical sequence and timing of development, including, the estimated start and completion date for each stage, 5. Up-to-date title evidence for the subject property in a form acceptable to the 4-lie.mirit0ty ":4,13i+1 )i o0 P n int!. 6. Wan-anty deeds for Property being dedicated to the City for all parks, Outlots, etc., free from all liens and encumbrances. 7. All easement dedication documents for easements not shown on the linal plat including those for trails, ingresslegress, buffer establishinent.,,etc., together with all necessary consents to the easement by existing encumhrancers of the property. 3. Any other infonnation deemed necessary by the Cotnimmity Dtu.-el-ottiit,stt Dep-tin-Prien-iDircetor of Plannine to fully present the intention and character of the open space PUD, 9. 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. Page 19 of 23 (c) PUD Final Plan Review 1. -Ike 1.Xpiim+rilie Director oi Planning 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. Staff should once again identify any information submittals that were waived so Council may detemune if such is necxled prior to making a final decision, 3. T11.2 De 1)..1FI-9isc.1-4T11,: Or Planning shall finalize the ordinance to establish the proposed overlay district for consideration by the Planning Coinmission and City Council, 4, 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 fur consideration. Because an open space PUD Preliminary Plan was previously approved, Mc 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. 5. The City Council shall then consider the recommendations of the CinintiiMi:, \ul. iaa D_parinaanDireciiir of Planning, the public, and the Planning Commission, and make a decision of approval or denial, in whole or in pan, 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. 6. As a condition of PUD Final Plan approval, publication of the overlay district ordinance shall be required prior to tiling of the approved final plat. 7. Planned Unit Development Agreement. a. At its sole discretion, the City may as a condition of approval, require the owner and developer of the proposed open space PUD to execute a development agreement which may include but not be limited to all requirements (lithe open space PUD Final Plan. b. 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. S. As directed by the City, documents related to the PUD shall be recorded against the property. Page 20 of 23 7 (d) Time Limit 1. A Planned Unit Development shall be validated by the applicant through the commencement of any necessary constniction or establishment of the authorized use(s), subject to the permit requirements of Title 9 of this Code, in support of the Planned Unit Development within one (I) year of the date of open space PUD Final Plan approval. Failure to meet this deadline shall render the open space PUD Final Plan approval void. Notwithstanding this time limitation, the City Council may approve extensions of the time allowed for validation ofthe Planned Unit Development approval if requested in NV ri iing by the applicant; extension requests shall be submitted to the G.t4tinnueri+).--D,tt,th-tptii..to DI--ta-t+m,tntDittector of Planning and shall identify the reason(s) why the extension is necessary along with an anticipated timeline for validation of the Planned Unit Development. An application to reinstate an open space PUD that was voided for nut 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. § 154.662 OPEN SPACE PUD AMENDMENTS Approved open space PUD s may he amended from time to time as a result of unforeseen circumstances, overlooked oppommities, 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 District(s) Amendments to an approved open space PUD Overlay district shall be processed as one of the following: (1) Administrative Amendment Th.:Conn+ he Director of Planning may approve minor changes in (he location, placement, and height of buildings 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 amendinent allow additional stories to buildings, additional lots, or changes to designated uses established as part of the PUD. An Administrative Amendment shall be memorialized via letter signed by the Community Development Director and recorded against the PUD property. Page 21 of 23 (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 chang,es in Section xs, Ordinance amendments shall be limited to changes that are deemed by the I:sL 0 1, DiR:etor or 1' 111 rio to be consistent with the intent ()Utile 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 aniendment. 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 (work in progress) (..)P dos elopnit.aits tuithori/o.1 prior [date this on.li mince i IkCL ej shall eontinu.:lt ho governt.'d por the irrinril ooktition, or approval until dio OP dorelpinon is cancoll,:d hy the ()P dev,:lopmcni is conv,-.11,.(1 to an op,:n space Pl'D ,)%erlay distriet. An application to amend an existina 01' development shall he administered in the same manner as than required for a open sptic.e PUD hc•i.!iiiniitg at opon spaet:. PwliittinaiTy Plan. § 154.663 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. § 154.664 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; Page 22 of 23 (13) Preconstruction No building permit shall be granted 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 ou Conveyed Property the event that any real properly in an approved open space PUD is conveyed in total, or in part, the new owners thereof shall he hound by the provisions of the approved overlay district. SECTION 6 (Will update the list of overlay districts in Chapter 154 to include the Open Space Planned Unit Development 0% erlay District) Page 23 of 23 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE TO REPEAL EXISTING OPEN SPACE DEVELOPMENT REGULATIONS WITHIN CHAPTER 150, ADOPT NEW OPEN SPACE DEVELOPMENT REGULATIONS IN CHAPTER 154, AND TO IMPLEMENT REFERENCE UPDATES IN CHAPTER 154 SECTION 1 (Will include definition updates if needed -- TBD) SECTION 2 (Will repeal existing OP codes in Chapter 150) SECTION 3 (Will replace existing OP codes in Chapter 150 with reserved language i.e. "Sections 150.161 through 150.199 - RESERVED" SECTION 4 (Will clean up numerous existing problems with numbering in Chapter 154 to allow for placement of the new ordinance within zoning) SECTION 5 Will adopt the new Open Space Planned Unit Development Regulationskegulations as follows: Article XVI: OPEN SPACE PLANNED UNIT DEVELOPMENTS § 154.650 PURPOSE. The purpose of open space planned unit developments is to provide greater development flexibility within rural portions of the community while still preserving agricultural land, woodlands, corridors, pollinator & 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. § 154.651 INTENT. It is the intent of the City of Lake Elmo that open space planned unit developments will offer needed development flexibility within the Agricultural, Rural Residential, and Rural Estate zoning districts to provide for: Page 1 of 22 (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; and (E) The creation of distinct neighborhoods that are interconnected within rural areas. § 154.652 DEFINITIONS. Unless specifically defined in §§ 154.009 et seq., common definitions, words, and phrases used in §§ 154.009 et seq. shall be interpreted so as to give them the same meaning as they have in common usage throughout this code and are found in § 11.01. § 154.653 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 fee(s) set forth in of this Code and submitting a completed application form and supporting documents as set forth on the application fonn and within this Section. Complete applications shall be reviewed by City Commissions as deemed necessary by the Director of Planning, including a public hearing before the Plarming Commission, and be acted upon by the City Council. If a proposed PUD is denied, any subsequent application for a substantially similar PUD within one (I) year of the date of denial shall fully address all findings which supported the denial prior to being accepted as complete. § 154.654 REFLECTION ON THE OFFICIAL ZONING MAP. (A) PUD provisions provide an optional method of regulating land use which pemiits flexibility from standard regulating provisions. Establishment of a PIJD 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 [date of ordinance publication] shall be allowed to continue per the original conditions of approval. § 154.655 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 Page 2 of 22 contiguous (40, 30, 20, 10) 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. § 154.656 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; (h) Townhouses (no more than 25% in any development) (i) Wayside stand; and (j) Public parks and trails. (2) Conditionally Permitted. None (3) Interim Permitted. None (B) Accessory Uses. (1) Permitted. Uses deemed by the Director of Planning to be typically accessory to an established permitted use on the property as listed in 154.656(A)(1). (2) Conditionally Permitted. None (3) Interim Permitted. None (C) Prohibited Uses. All other uses not listed in 154.656(A)(1) or 154.656(A)(2) are hereby prohibited. Page 3 of 22 (D) Use Restrictions Adopted PUD overlay district regulations may include specific provisions governing uses which supersede the general regulations herein or that which may otherwise be required by underlying zoning. § 154.657 OPEN SPACE PUD DESIGN Open space PUDs shall comply with all of the following minimum design standards unless modifications are authorized by the City Council at the time of PUD Sketch Plan review. Authorization of such modifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s), but rather as an authorization to present such modifications as a component of the plan during the PUD Preliminary Plan review. (A) Density The maximum dwelling unit density within an open space planned unit development shall be 20 units per 40 acres of buildable [and; however, the total number of dwelling units shall not exceed the density limitations contained in the Comprehensive Plan for Opens Space Preservation Development. (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, and must meet a minimum lot size requirement as outlined herein. (b) If individual septic tanks which utilize communal drain fields is the chosen methodology to serve the development, then the loeation(s) for communal drain fields shall be identified within the area(s) deemed the most suitable on the site for supporting septic Page 4 of 22 (3) utilities according to the soils analysis. All such areas shall be clearly denoted on provided plan sets. Identification of Required Buffers No build zones from each property boundary shall be derived as follows: (a) A two -hundred (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 one -hundred (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 Section 154.659). (4) Identification of Preferred Building Pad Locations Building pad locations [up to the maximum number of units permitted by 154.657(A)] which preserve natural topography and drainageways (in as much as possible), minimizes tree loss, protects historic sites or structures, and limits the need for soil removal and/or grading shall then be identified. The orientation of individual building sites shall strive to maintain maximum natural topography and ground cover. (a) Building pads shall be located outside of required buffers, and shall be cited so as to provide ample room for accessory structures on future lots. V1.12,,er Gmall clusters often referred to as rural hamlets. (c) 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. Generalized locations for such may be shown during the PUD Sketch Plan phase, but all such sites must be verified as being viable as a component of PUD Preliminary Plan review. (d) 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; and trees; 2. 'Minimize cut and fill; 3. Preserve and enhance both internal and external views and vistas; 4, Promote road safety; Page 5 of 22 5. Assure adequate access for fire and rescue vehicles; and 6. Assure 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 standard plates and specifications as may be amended. (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 location(s), building pad locations, and septic system location(s); lines to delineate individual lots shall then be identified in accordance with the following: (a) Lot Size 1. Sin -family lots being served by individual septic tanks and drain fields shall be a minimum of one (1) acre in size; 2. Single-family lots being served by individual septic tanks utilizing communal drain fields shall be a minimum of 1/2 acre (21,780 square feet) in size; 3 Base lots for townhomes shall be large enough such that individual unit lots can meet all required structure setbacks contained herein. (b) Buildable Area to be Shown 1. Buildable area on each proposed lot shall be shown. Buildable area shall exclude land within the following areas: a. Required buffers from adjacent lands [see section 154.657(3)] b. Steep slopes; c. Drainage swales; d. Easements; and e. Land within the following setbacks: Front Yard Side Yard Corner Lot Front Yard Corner Lot Side Yard Rear Yard Well from Septic Tank HOUSING TYPE Townhomes 30 20 15 feet or 10% of lot width 30 30 20 50 Additional , Requirements xxx xxx xxx xxx xxx xxx Page 6 of 22 (7) Single Family Homes, Town 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. Open Space and Parkland Adjustments (a) Open Space 1. The total preserved open space area within an open space planned unit development shall be no less than 50% of the total gross land area, as defined by § 11.01. 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 Not less than 60',0 of the preserved open space shall he in contiguous parcels which are ten (10) or more acres in size, 3 Preserved open space parcels shall be contiguous with preserved open space or public park land on adjacent parcels. (b) Parkland I. Parks and recreational facilities shall be provided in addition to .preserved open space as specified in the Lake Elmo Parks Plan. 2. Determination of whether a land or cash dedication will be required to fulfil parkland requirements will be at the discretion of the City Council, with direction to be provided as a component of PUD Sketch Plan review. If a required parkland 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 dedication shall be consistent with the dedication and fee -in -lieu standards specified in Chapter 153. § 154.658 OPEN SPACE MID DEVELOPMENT STANDARDS Open space PUDs shall comply with all of the following development standards unless modifications are authorized by the City Council at the time of PUD Sketch Plan review. Authorization of such tnodifications resulting from a PUD Sketch Plan review shall not be construed as approvals for the change(s), but rather as an authorization to present such modifications as a component of the plan during the PUD Preliminary Plan review. (1) Preserved Open Space Standards (a) All preserved open space within an open space planned unit development shall be subject to a conservation easement and used for the purposes as defined hy § 150.175 ct (b) Preserved open space land shall be controlled in one or more of following manners as Page 7 of 22 deterinined at the sole discretion of the City Council: I. Owned by an individual or legal entity who will use the land for preserved open space purposes as provided by permanent conservation restrictions (in accordance with M.S. Ch. S4C.01-.05, as it may be amended from time to time), to an acceptable land trust as approved by the city; andlor 2 Conveyed by conservation easement to the city. (c) 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 common interest community (CIC) declarations to prospective purchasers, 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. (d) Where applicable, a Conunon Interest Community association shall be established to permanently maintain all residual open space and recreational facilities. The Common Interest Cornmunity association agreements, guaranteeing continuing maintenance, and giving lien right to the city if there is lack of the maintenance shall be submitted to the city as part of the documentation requirements of §§ 150.l 75 ct sc.* for a final plan. (2) Septic System Design Standards (a) In General All septic systems shall conform to the performance standards of the Minnesota Pollution Control Agency's standards for sewage treatment systems WPC-70S0 and its appendices, or the M.P.C.A,. standards in effect at the time of installation and septic system regulations of the Lake Elmo Municipal Code. (b) 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 other easement. (c) Communal Drain Fields. a. Communal drain fields may be partially or completely located in an area designated as preserved open space provided: i. The ground cover is restored to its natural condition after installation; and ii. 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. Page 8 of 22 (3) Building Standards (a) Principal structures within open space planned unit developments shall not exceed 2 and 'A stories or 35 feet in height. (b) Accessory structures within open space planned unit developments shall not exceed 22 feet in height. (c) it is desired that the structures within neighborhoods convey a particular architectural style with similar building, components, materials, roof pitches. The PUD Overlay ordinance crafted for each individual development should establish minimum architectural standards for the neighborhood. (4) Landscaping Standards (a) A landscape plan for the entire site is required and shall consist of at least 10 trees per building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level. (b) Boulevard landscaping is required along all streets to consist of at least 1 tree per every 30 feet or placed in clusters at the same ratio, Impervious Surface Standards (still needs work) The maximum impervious surface allowable within an open space planned unit development shall be 20% of the land area not dedicated as preserved open space subject to the following: (a) Impervious surfaces created by roads, trails, and other planned impervious improvements shall count against the maximum allowed impervious coverage. (b) 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. On individual lots, areas covered by pervious pavers or comparable systems may receive a 25% credit against the lot's hardcover if the system is installed consistent with the City ofLake Elmo Engineering Standards Manual, and adequate storm water mitigation measures (as may be necessary) are installed to mitigate potential runoff created by the additional coverage above the allowed impervious surface threshold. All such credits shall be at the discretion of the City Engineer. (5) (c) (6) Trail Standards A trail system or sidewalks shall be established within open space planned unit developments in accordance with the following: (a) 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. (b) All trails shall be constructed of asphalt or concrete in compliance with the standard city design plate for trails. Page 9 of 22 (c) Proposed trails shall provide connections between and access to the buildable land areas and preserved open space land being created by the development. (d) Proposed trails shall connect to existing, planned, or anticipated trails or roads on adjacent parcels. (e) 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. § 154.659 BUFFER SETBACKS IN OP DEVELOPMENTS Buffer setbacks shall be applied from the edge of the existing open space preservation developments as follows. St. Croix's Sanctuary Discover Crossing Whistling Valley I Whistling Valley II Whistling Valley 111 Farms of Lake Elmo Prairie Hamlet Fields of St. Croix I Fields of St. Croix 11 The Homestead Tapestry at Charlotte's Grove Tamarack Fann Estates Sunfish Ponds Hamlet on Sunfish Lake Cardinal Ridge Wildflower Shoves Heritage Farms Buffer Setbacks in OP Developments (in feet) North Edge 200 200 South Edge 50 100 West Edge 50 50 Exception East Edge Parcel(s) 100 100 25 200 N/A N/A 25 100 85 50 100 100 100 50 100 200 50 50 50 N/A NIA 200 50 50 100 50 N/A N/A 25 100 200 100 200 N/A 200 50 N/A 50 200 50 100 100 100 100 100 100 100 200 50 100 50 50 100 200 50 50 100 200 100 200 50 N/A N/A 50 N/A Page 10 of 22 Tana Ridge (Res. 2009-033) Parkview Estates (Res. 2009-033) N/A 50; except Lot 9, Block 5 use 20 ft N/A 50 50 N/A N/A 50 § 154.660 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: (1) The proposed development is consistent with the goals, objectives, and policies of the Comprehensive Plan. (2) All prerequisites for an open space PUD as outlined in § 154.655 are met. (3) All open space PUD design standards (as outlined in § 154.657) and all open space development standards (as outlined in § 154.653) are met; or if deviations are proposed, that all such deviations are supported because: a. The deviation(s) allow for quality building, and site design that will enhance aesthetics of the site; h. The deviation(s) help to create a 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; c. The overall design provides appropriate solutions to eliminate adverse impacts that proposed deviations may impose on surrounding lands. (4) 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. § 154.661 OPEN SPACE PUD REVIEW PROCEDURE All requests to establish an open space Planned Unit Development shall be initiated by following the steps below. (1) Open Space PUD Sketch Plan (a) Purpose The open space PUD Sketch Plan is the first step in the development process which gives the applicant an opportunity to present their ideas to the City Council and public so as to gain general feedback on areas that will require additional analysis, study, design, Page 11 of 22 changes, etc. Feedback gained during the open space PUD Sketch Plan phase should be addressed within the subsequent PUD Preliminary Plan, (b) Specific open space PUD Sketch Plan Submittal Requirements Except as may be waived by the Director of Planning., the following information shall constitute a complete application for an open space PUD Sketch Plan. 1. A listing of contact information including name(s), address(es) and phone number(s) of: the owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates; A listing of the following site data: Address, current zoning, parcel size in acres and square feet and current legal description(s); 3. A narrative explaining the applicant's proposed objectives for the open space PUD, a listing of the proposed modifications from standard in § 154.657 as may be applicable, and an explanation of how the proposal addresses the PUD review criteria in § 154.660. 4. A listing of general infonnation including the followinL,I: a. Number of proposed residential units. b. Calculation of the proposed density of the project showing compliance with § 154.657(A). c, A listing of all proposed land uses (i.e. preserved open space, buildable sites, parkland, etc). d. Square footages of land dedicated to each proposed land use. 5. An existing conditions exhibit, including topography, that identifies the location of the following environmental features along with calculations (in acres) for each: a. Gross site acreage; b. Existing wetlands; c. Existing woodlands; d. Areas with slopes greater than 12%, but less than 25%; e. Areas with slopes of 25% or greater; f. Woodlands; g. Other pertinent land cover(s). 6. An open space PUD Sketch Plan illustrating the nature of the proposed development. At a minimum, the plan should show: a. Existing zoning district(s) on the subject land and all adjacent parcels; b. Layout of proposed lots and proposed uses denoting Outlots planned for public dedication and/or preserved open space; Page 12 of 22 c. Area calculations for each parcel; d. General location of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel; e. Location of existing and proposed streets within and immediately adjacent to the subdivision parcel; f. Proposed sidewalks and trails; g. Proposed parking areas; h. General location of wooded areas or significant features (environmental, historical, cultural) of the parcel; i. Location of utility systems that will serve the property; j. Calculations for the following: Gross land area (in acres); ii. Number of proposed residential units. iii. Proposed density of the project showing compliance with § 154.657(A). iv. Acreage & square footage of land dedicated to each proposed land use (Le. preserved open space, buildable sites, parkland, etc). v. Acreage & square footage of land proposed for public road right-of-way; vi. Acreage & square footage of land dedicated to drainage ways and ponding areas; vii. Acreage & square footage of land for Trails and/or sidewalks (if outside of proposed road right-of-way); k. Other: An applicant may submit any additional information that may explain the proposed PUD or support any requests for modifications (i.e. a landscaping plan to support the lessening or elimination of an otherwise required buffer). 7. The outline of a conceptual development schedule indicating the approximate date when construction of the project, or stages of the same, can be expected to begin and be completed (including the proposed phasing of construction of public improvements and recreational & common space areas). . A statement of intent to establish a Common Interest Community association with bylaws and deed restrictions to include, but not be limited to, the following: a. Ownership, management, and maintenance of defined preserved open space; b. Maintenance of public and private utilities; and c. General architectural guidelines for principal and accessory structures. 9. If applicable, a historic preservation plan for any historic structures on the site shall be submitted. Open Space PUD Sketch Plan Proposal Review 1. Planning Commission Page 13 of 22 a. Upon receiving an open space PUD Sketch Plan proposal, the City shall schedule a date upon which the Planning, Commission will review the proposal. b. Upon completing their review, the Planning Commission shall adopt findings and recommendations on the proposed open space PUD as soon as practical. c. The Director of Planning may forward an application to the City Council without a recommendation from the Harming Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review, 2. City Council a. The City Council may listen to comments on the proposed development if they deem such necessary prior to taking action on the proposed open space PUD Sketch plan. b. After consideration of the Director of Planning's recommendation, the Planning Commission recommendation, and the comments received at the public hearing, the City Council may comment on the merit of the request, needed changes, and suggested conditions that the proposer should adhere to with any future application. c. For each of the identified modifications to the minimum standards outlined in § 154.657, the City Council shall take a vote to instruct the applicant as to whether the modification can be pursued as a component of the PUD Preliminary Plan review. The ability to pursue approval of modified standards may only be authorized via a super -majority vote of the City Council. (d) Effect of a PUD Sketch Plan Review The City Council and Planning Commission's comments during the PUD Sketch Plan review are explicitly not an approval or denial of the project, and are intended only to provide infonnation for the applicant to consider prior to application for an open space PUD Preliminary Plan. (e) Limitation of Approval The City Council's review of an open space PUD Sketch Plan shall remain valid for a period of six (6) months. The City Council, in its sole discretion, may extend the validity of their findings for an additional year. (2) PUD Preliminary Plan (a) Prerequisite No application for an open space PUD Preliminary Plan will be accepted unless a distinctly similar proposal has completed the open space PUD Sketch Plan, review process which is valid upon the date of application. Page 14 of 22 (b) PUD Preliminary Plan Submittal Requirements Except as may be waived by the Director of Planning, the following information shall constitute a complete application for an open space PUD Preliminary Plan. 1. All required information for a preliminary plat per Chapter 1102, Section 1102.01(C) and Section 1102,02. A Nvritten summary of the required Developer Open House meeting as required by Chapter 1102, Section 1102.01(B)(5). 3. A separate open space PUD Preliminary Plan which includes the following information: a. 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); b. Area calculations for gross land area, wetland areas, right-of-way dedications, and proposed public and private parks or open space; c. Existing zoning district(s) on the subject land and all adjacent parcels; d. 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.); e. The location of proposed septic disposal area(s); f. Area calculations for each parcel; g. Proposed setbacks on each lot (forming the building pad) and calculated buildable area; h. Proposed gross hardcover allowance per lot (if applicable); i. Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s) in question; j. Delineation of wetlands and/or watercourses over the property; k. Delineation of the ordinary high water levels of all water bodies; I. Location, width, and names of existing and proposed streets within and inunediately adjacent to the subdivision parcel; Page 15 of 22 rn. -Easements and rights -of -way within or adjacent to the subdivision parcel(s); n. The location and orientation of proposed buildings; o. Proposed sidewalks and trails; p. 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; q. Lighting location, style and mounting and light distribution plan. r. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable); s. Location, access and screening detail of large trash handling nd recycling collection areas 4. Colored renderings which detail the building materials being used and clearly communicate the look and design of the proposed building(s); 5. Proposed architectural and performance standards for the development; 6. A grading drainage and erosion control plan prepared by a registered professional engineer providing all information as required by Public Works, the City Engineer, and/or the Director of Planning; 7. A utility plan providing all information as required by Public Works, the City Engineer, and/or the Director of Planning; Results of deep soil_ test pits and percolation tests, at the rate of no fewer than 2 successful test results for each proposed septic disposal area; 9. A landscape plan, including preliminary sketches of how the landscaping will look, prepared by a qualified professional providing all information outlined in Section <insert applicable section here> ; 10. A tree preservation plan as required by Section <inscrt applicable section here>; I 1. The location and detail of signage providing all pertinent information necessary to determine compliance with Section <insert applicable section hcre>; 12. 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; 13. A plan sheet or narrative clearly delineating all features being modified from standard open space PUD regulations; 1.4. Common Interest Community Association documents including bylaws, deed restrictions, covenants, and proposed conservation easements. Page 16 of 22 15, Any other information as directed by the Director of Planning. (c) PUD Preliminary Plan Review 1 As part of the review process for an open space PUD Preliminary Plan, the Director of Planning, 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. 2 The Director of Planning shall prepare a draft ordinance to establish the potential overlay district to be established as a component of the PLTD Final Plan. 3. The Planning Commission shall hold a public hearing and consider the application's consistency with the goals for PLIDs, 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. 4. In approving or denying the PUD Preliminary Plan, the City Council shall make findings on the PUD review criteria outlined in Section 1023.08. 5. 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, (cl) Effect of a PUD Preliminary Plan Review Preliminary Plan approval governs the preparation of the PUD Final Plan which must be submitted for final approval in accordance with the requirements of this Article. (c) Limitation of Approval The City Council's review of an open space PUD Preliminary Plan shall remain valid for a period of one (1) year. The City Council, in its sole discretion, may extend the validity of their findings for an additional year. (3) PUD Final Plan (a) Application Deadline Application for an open space PUD Final Plan shall be submitted for approval within ninety (90) 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. Page 17 of 22 (b) PUD Final Plan Submittal Requirements Except as may be waived by the Director of Planning, the following information shall constitute a complete application for an open space PUD Final Plan. 1. All required information for a final plat per <insert applicable section herc>; 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. 3 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. 4. 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. 5. Up-to-date title evidence for the subject property in a form acceptable to the Director of Planning. 6. Warranty deeds for Property being dedicated to the City for all parks, Outlots, etc., free from all liens and encumbrances. 7. All easement dedication documents for easements not shown on the final plat including those for trails, ingress/egress, buffer establishment, etc., together with all necessary consents to the easement by existing encumbrancers of the property. 8 Any other information deemed necessary by the Director of Planning to fully present the intention and character of the open space PUD. 9. 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, (c) PUD Final Plan Review 1. The Director of Planning 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. Staff should once again identify any information submittals that were waived so Page 18 of 22 Council may determine if such is needed prior to making a final decision. 3. The Director of Planning shall finalize the ordinance to establish the proposed overlay district for consideration by the Planning Commission and City Council, 4. 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 previously 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. 5. The City Council shall then consider the recommendations of the Director of Planning, 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. 6. As a condition of PUD Final Plan approval, publication of the overlay district ordinance shall be required prior to filing of the approved final plat. 7. Planned Unit Development Agreement, a. At its sole discretion, the City may as a condition of approval, require the owner and 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. b. 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. As directed by the City, documents related to the PUD shall be recorded against the property. Page 19 of 22 (d) Time Limit 1. A Planned Unit Development shall be validated by the applicant through the commencement of any necessary construction or establishment of the authorized use(s), subject to the pennit requirements of Title 9 of this Code, in support of the Planned Unit Development within one (t) year of the date of open space PUD Final Plan approval. Failure to meet this deadline shall render the open space PUD Final Plan approval void. Notwithstanding this time limitation, the City Council may approve extensions of the time allowed for validation of the Planned Unit Development approval if requested in writing by the applicant; extension requests shall be submitted to the Director of Planning and shall identify the reason(s) why the extension is necessary along with an anticipated timeline for validation of the Planned Unit Development. 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. § 154.662 OPEN SPACE PUD AN1ENDMENTS Approved open space PUDs may be amended from tine 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 ExistingOpen Space PUD Overlay District(s) Amendments to an approved open space PUD Overlay district shall be processed as one of the following: (1) Administrative Amendment The Director of Planning may approve minor changes in the location, placement, and height of buildings 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 stories to buildings, additional lots, or changes to designated uses established as part of the PUD. An Administrative Amendment shall be memorialized via letter signed by the Community Development Director and recorded agains the PUD property. Page 20 of 22 (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 Section xxx. Ordinance amendments shall be limited to changes that are deemed by the Director of Planning 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) PhD 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 PhD beginning at open space PUD Preliminary Plan. (B) Pre-existing OP Developments (work in progress) Pre-existinLt OP developments authorized prior to [date this ordinance is effective he governed per the oriuinal 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. An application to amend an existing OP development shall be administered in the same manner as that required for a new open space PUD beL!,innirw- at open space PUD Preliminary Plan. § 154.663 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 PhD. 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. § 154.664 ADMINISTRATION In general, the following rules shall apply to all open space PUDs: (A) Rules and regnlations 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; Page 21 of 22 (B) Preconstruction No building permit shall be granted 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. SECTION 6 (Will update the list of overlay districts in Chapter 154 to include the Open Space Planned Unit Development Overlay District) Page 22 of 22 TI IF CITY OF \ KE ELMO MAYOR AND COUNCIL COMMUNICATION. DATE: 6/14/16 REGULAR ITEM #: MOTION AGENDA ITEM: Shoreland Ordinance SUBMITTED BY: Stephen Wensrnan, Planning Director REVIEWED BY: Emily Becker, City Planner Kristina Bandt, City Administrator BACKGROUND; The regulation of shorelands in MN are governed by Minnesota Rules Part 6120.2800. This State Statute defines the scope of the DNR shoreland regulations, which in no uncertain terms states that the DNR's minimum standards and criteria apply to those shoreland of public waters of the state which are subject to local government land use controls. In 2015, the City of Lake Elmo updated its Shoreland Ordinance, but had not received MNDNR approval as required. Typically, the process is track the changes to the ordinance and to follow a Ml\WDNR checklist to be sure the amended ordinance is compliant with minimum requirements. The 2015 ordinance amendment was rather comprehensive to address the City's zoning code update and no tracking of individual changes was made. The Planning Department has been working with the MNDNR to get Shoreland Ordinance approved by the MNDNR and has had several meetings with Jenifer Sorenson at the MNDNR to discuss the approval process and to go through the checklist item by itern. ISSUE BEFORE COUNCIL: Emily Becker, City Planner, has completed the checklist and has drafted an ordinance update that Staff feels will comply with the minimum requirements of the MNDNR's for shorelands and is requesting permission by the City Council to send the ordinance and checklist to the MNDNR for their approval of the ordinance. The draft ordinance amendment has added language to in an attempt to meet the MNDNR's minimum requirements. Once comments are received back by the MNDNR, Staff will address any identified issues and will then begin the process of adopting those changes with a public hearing at the Planning Commission and adoption by the City Council. PROPOSAL DETAILS/ANALYSIS; Although Staff is not seeking the Council's review of the Shoreland Ordinance at this time, the draft amendment to be sent to the MNDNR addresses areas that our current ordinance appears to be noncompliant with the MNDNR's model ordinance. The draft ordinance amendment will update the 2015 Shoreland Ordinance as follows: Subd. A— adding a reference to MN State Statutes City Council Workshop 6/14/16 Regular Agenda Item # Table 17-3 - Change setback from a Natural Environment lake, increasing the minimum lot size for two family/duplexes, and adding minimum lot width for unsewered single family and duplex development. o Adding .,ots intended as controlled access to public waters... Design Criteria for Structures -Adding Roads, Driveway and Parking Area requirements Planned Unit Developments - Approval by the MNDNR required - avoids adding a long and confusing PUD section to the Code. Nonconformities - updated to meet MNDNR minimum requirements, FISCAL IMPACT: None RECOMMENDATION: Staff recommends the City Council direct Planning, Staff to send the Draft Ordinance Amendment and checklist to the MNDNR for formal approval with the following motion: "Move to direct Planning Staff to send the MNDNR the City of Lake Ehno's draft Shoreland Ordinance Amendment and checklist to begin the formal approval process as required by Minnesota Statutes Section 103E221" 2 City Council Workshop 6/14/16 Regular Agenda Item # CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-137 AN ORDINANCE AMENDING SHORELAND MANAGEMENT DISTRICT RESTRICTIONS TO OBTAIN COMPLIANCE WITH DEPARTMENT OF NATURAL RESOURCES SHORELAND ORDINANCE REQUIREMENTS. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Section 800 to read the following: ARTICLE 17. SHORELAND MANAGEMENT OVERLAY DISTRICT §154.800 Shoreland Management Overlay District 51 54.800 Shoreland Management Overlay District A. Purpose. The ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Re©ulations, Parts 6120.2500-6120.3900, and the planning, and zonin© enabling leg,islation in Minnesota Statutes, Chapter 462. The purpose of the Shoreland Management Overlay District is to preserve and enhance the quality of surface waters and conserve the economic and natural environmental values of shorelands through the following activities: 1. Regulate placement of sanitary and waste treatment facilities on shorelands of public waters to prevent pollution of public waters and public health hazards resulting from the facilities. 2. Regulate alteration of shorelands of public waters to prevent excessive sediment pollution, increased water runoff and excessive nutrient runoff pollution. 3. Preserve and enhance the unique aesthetic appearance and ecological value of the shoreland. 4. Regulate the construction of buildings and changes of land use in shorelands to minimize property damage during periods of high water. B. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Bluff. A topographic feature such as a hill, cliff, or embankment having the following characteristics. (An area with an average slope of less than 18% over a distance of 50 feet or more shall not be considered part of the bluff.) 1. Part or all of the feature is in a Shoreland area; 2. The slope rises at least 25 feet above the ordinary high water level of the water body; 3. The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30% or greater; and 4. The slope must drain toward the water body. Bluff impact Zone. A bluff and land located within 20 feet from the top of a bluff. Boathouse. A structure designed and used solely for the storage of boats and boating equipment. Dedicated Riparian Area. Starting etthe Ordinary High Water Level (OHVVL), areas dedicated to the City to be maintained in a permanent state mfnatural vegetation for the purposes of protecting surface waters from the impacts of [and alteration and/or development activity. Permitted uses within dedicated riparian areas are noted insubsection ([)(7) (f). D.N.R. The Minnesota Department of Natural Resources. Land Alteration. The excavation or grading of land involving movement of earth and materials inexcess of5Oyards. Shore Impact Zone. Land located between the ordinary high water level o{o public water and a line parallel toitotusetback nf50%ofthe structure setback. Shone/and. Land located within the following distances from public waters: 1,OOOfeet from the ordinary high water level ofa take, pond, or foliage; and ]OO feet from o river or stream, or the landward extend of a flood plain designated by ordinance on a river or stream; whichever ixgreater. The limits ofshoreiandsmay bereduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved bythe Commissioner. MaterO(ientedAccessory Structure of Facility. 4 small, above -ground building or other improvement, except stairways, fences, docks, and retaining walls which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples ofthe structures and facilities include boathouses, gazebos, screen houses' fish houses, pump houses, and detached decks. C. ShoneiandManagement Overlay District 1. Shnne/ondC/uzshficoions. The public waters inTable 17'1 have been classified bythe commissioner Vfnatural resources as natural environment (NE)' recreational development (RD) and tributary (T) shore\unds. Where noted, riparian dedicatinnis required by the City. Table 17-1: Shor�handC|�s�i�catimns 0uRID# Name Armstrong (north of 82011601 [SAH1O) Armstrong (south of 82011602 [SAH1O) 82009900 Clear 82010100 DeMnntreviiie 82011000 Downs 82010900 Eagle Point 82010600 Elmo 82010800 Friedrich Pond 82011300 82011100 82007400 82010400 82011700 82041900 Goose H.J. Brown Pond Horseshoe Jane Kramer Margaret Location SecZ8, TI9, R21 Sec Z8`T29' R21 Sec Et 11, T29, R21 Sec4. 5 Etg,TI9' R21 Sec I4,T29' R21 Sec ZZEtZ7,TZ9, R21 Sec 13, 14, Zl 24Et 26,T29' R21 Sec15 EtZZ,TZ9' R21 SecZ7. 346 35. TZV, R21 5ecZ6, T29' R21 Sec25, T29, R21 Sec 6 lQ, T29, RI1 Sec]5' T29' B21 5e[2h. TI9, R21 Ordinary High Water Level Class 1020.3 NE No 15OFT' Riparian Dedication Required 1019.3 NE No NE No 929.3 RD No 889.1 N[ No 896.5 NE No 885.6 0} No NE No 924.4 NE Yes NE No 876.8 NE No 934.0 RD No NE Yes N[ No 7 82810300 Olson Sec 8Et9, T29, Q21 929.3 RD No Raleigh Creek North Sec16. 21 Et2I, T29' N/4 (to Eagle Point Lake) R21 T No Raleigh Creek South (Eagle Point Lake Lo Sec 22. 23 8IZ7' T29' N/A Lake Elmo) R21 T No 82011200 Rose Sec 258]6'TZ9, RI1 NE No 82010700 Sunfish Sec 14'T2P, R21 896.4 NE No 82010000 Unnamed Sec 4'Tl9' R21 NE No 82031300 Unnamed Sec 12'T29, R21 NE No 82041700 Unnamed Sec Z5'Tl9' R21 NE No 82048400 Unnamed Sec 11, T29, R21 NE No Unnamed to#limes N/4 Lake Sec3}, T29, R21 T No N/4 Unnamed Tributary Sec Z5'T29, R21 T No Classifications RD= Recreational Development Lake Classification NE= Natural Environment Lake Classification T=Tributary River Classification Notes toTable 17'1. o. As measured from and perpendicular to the ordinary high water level (OHVYL) Z. Land Uses inShoneiandDistricts. All uses ofland shalt beregulated bythe applicable zoning district subject toapplicable conditions. Notwithstanding the underlying zoning district, the following uses shall heregulated inshoreiand districts asspecified inTable 17'2: Table 17-2: Permitted (P), Conditional (C) and Interim (1) Uses, Shoreland Classifications ShoreiandC(assi�ca1ion � Recreational Natural Tributary Land Uses Development Environment River Residential P P P Commercial P C [ Public and Civic Uses P C [ OutdoorRecneadon3 [ C [ Agricultural and Related Usesu P P P Industrial and Extractive Uses Utilities, Transportation and Communications [ C [ Accessory Uses p P P Planned Developments (PUDs) C [ C Notes to Table 17'2: a. City owned parks and open space and any uses or structures accessory to such uses are permitted within shorebnd areas. b. Vegetative clearing within shore and bluff impact zones and on steep slopes is not permitted. l Shorekond Standards. The following standards in Table 17'3 shall apply within shoretand areas to principal, conditional and accessory uses and structures: Tah[e 17-3: ShoreiandStandards Standards Sbore(and[|nsaMcatom | Recreational Natural Tributary Development Environment River - Minimum structure setback from County, State orFederal road dght-of'way 50hect 50hset 50fcet Minimum structure setback from an unp|utted cemetery or historical site 50feet 50feet 50 feet Minimum structure setback from the Ordinary High Water Level ((}HVVL)*'" Riparian dedication required ZUOhceL ZOOfeet 300feet Riparian dedication not required' Scwered 75 feet 4-]Q15Ofeet 75 feet Unsevvercd 100hset 150fcet 100feet Minimum structure setback from top ofbluff ]O feet 30 feet 30 feet Minimum septic system setback from OHVYL 75 feet 150 feet 75 feet Minimum low floor elevation above the 1 r flood elevation Maximum impervious lot coverage Without riparian dedication Sewenad' Unse*ered Minimum tot s(z=/, riparian lots Riparian dedication required Riparian dedication not required, sewercd Single family detached 20,00sf T\wo'hamiivorduplex 35'000sƒ Riparian dedication not required, unsewcred Single family detached Minimum lot "iz=/, non -riparian lots Riparian dedication required Riparian dedication not required, sewered Single family detached Two'hamityorduplex 4O,00sf 15'00sf 2 feet 2 feet 30% 30% ]�� 15%o/6,0O0square feet (sf), whichever is larger Same oszoning district 4O,000sf 7U,00sf 8O,OOOsf Same aszoning district Same aszoning district Same as zoning district ZO'00 sf 35,000 Same axzoning district x Riparian dedication not required, unsewered Single family detached Minimum lot width/, q Riparian dedication required Riparian dedication not required, sewered Single family detached Two-family orduplex Riparian dedication not required, unsevvered 5inoiefomiiydetached T*o'famiivorduplex Notes to Table 17'3: 80feet 1]5feet 150fcet ZZ5feeL Same aszoning Same oszoning district 125feet ZZ5feet IOOfeet 3DUfeei 8Ofeet 115feeL 1OOfcet 15Ofeet a. Reduction of the required setback from a historic site is permitted with the approval o/the office Vfthe Minnesota State Archeologist. b. Where structures exist on both sides of proposed building site, structure setbacks maybe altered without nvariance to conform Lothe adjoining setbacks from the Ordinary High Water Level (OHVYL), provided the proposed building ianot located jnmshore impact zone orbluff impact zone. c. With the exception ofpublic crossings ofpublic waters, roads, driveways and parking areas shalt meet the minimum structure setback. Where noalternative exists, such improvements may be placed within the required structure setbacks provided they are designed toadapt tothe natural landscape, soil erosion isminimized and no construction shalt occur in shore or bluff impact zones. Exceptions to setback requirements must comply with the rules and regulations of local watershed districts. d. Commercial and public and civic uses with public waters frontage shalt bcsetback double the required setback or be substantially screened from the water by vegetation or topography, assuming summer, ieaf'oncondidons. e. The maximum amount of impervious surface allowed for sewered lots zoned Rural Single Family (RI) is 15% of lot area or 6,000 sf, whichever is larger. f. Minimum lot size and width requirements apply to residential uses only. g. Lots Intended As Controlled Accesses to Public Waters or as Recreation Areas for Use by Owners ofNonr/uor/on Lots within Subdivisions. Must meet or exceed the following! standards: Theymust meet the width and size requirements for residential |ois, and be suitable for the intended uses of controlled access lots, j. |fdnckinn. moorino, or over -water s(oraocof more than six (6) watercraft is to be allowed at controlled access iot, then the width of the lot (kecVinq the same tot dcpth) must be increased bythe Pe,centof the requirements for riparian residential lots for each watercraft bevond six, consistent with the following! table: Controlled Access Lot Frontage Requirements Ratio ofLake Size toShore LenoLh Required increase in hontaqe (acres/mile) (percent) Less than 1OO 25- 10]'ZOO 2011Q, I01'300 1590 301'400 10?10' Greater than 4U0 5`6 ii They must be jointly owned by all Purchaseo uftots in the subdivision or byall purchasers ofnonhpahanlots inthe subdivision who are provided riparian access riqhtson the access lot; and covenants orother eouo|iy effective keoai instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft (aunchinq, ioadinq, sto/aqe, beachino, mooring, or docking!. They must also include other outdoor recreational activities that do not siRnificantLv conflict with iRenerat public use ofthe public water or the enjoyment of normal property riRhts by adjacent Prooertvmwners. Examples of the nnn'dqnificant conflict activities include swimminq. suobathino. orpicnicNnq.The covenants must limit the total number ofvehicles allowed tobeparked and the total number ofwatercraft allowed to be continuously moored, docked, or stored over water, and must require centralization ofoK common facilities and acdvihesin the most suitable locations onthe lot Lominimize topographic and veqctahonalterations. 4. Design Criteria for Structures G. Water Oriented Accessory Structures. Each lot may have one (1) water oriented accessory structure not meeting the normal structure setbacks if the structure complies with the following provisions: i. Structure Height. The structure orfacility must not exceed ten (10) feet in height, exclusive o(safety rails, from the average grade ofthe structure to the peak ofthe roof. Detached decks must not exceed eight (8) feet above grade otany point. ii. Structure Size. Water oriented accessory structures cannot occupy an area greater than two -hundred and fifty (250) square feet. iii. Structure Setback. The setback nfthe structure orfacility landward from the Ordinary High Water Level (OHVVL)must beat (east ten (10) feet on a recreational development take and fifty (5O)feet ona natural environment iv. The structure or facility must betreated toreduce visibility as viewed from public waters and adjacent shorekznosbyvegetation, top increased setbacks or color, assuming summer, leaf -on conditions. V. The roof ofthe structure may be used as o deck with safety rails, but must not beenclosed orused uzostorage area. vi. The structure orfacility must not be used for human habitation and must not contain water supply orsewage treatment facilities. vii. Watercraft Storage Facilities. As an alternative for recreational development water bodies, water oriented accessory structures used solely for watercraft storage, and including the storage ofrelated boating and water oriented sporting equipment, may occupy up to four hundred (400) square feet provided the maximum width ofthe structure istwenty (20) feet as measured parallel to the configuration of the shoreline. b. Stairways, Lifts and Landings. Stairways and Lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes toshare areas. Stairways and lifts must meet the foiiowingdesign requirements: i. Stairways and lifts must not exceed four (4) feet in width. Wider stairways may beused for public open space orrecreation properties. ii. Landings for stairways and lifts must not exceed thirty-two (32) square feet in area. Landings larger than thirty-two (]I) square feet may beused for public open space orrecreation properties. Ui Canopies orroofs are not allowed onstairways, lifts orlandings iv. Stairways, lifts and landings may be either constructed above ground on posts orpilings or placed into the ground, provided that they are designed and built inamanner that ensures control ofsoil erosion. V. Stairways, lifts and landing must bclocated inthe most visually inconspicuous portions oftots, as viewed from the surface ofthe public water assuming summer' icaf-on conditions, whenever practical. vi. Facilities such as ramps, lifts ormobility paths for physically handicapped persons are also allowed for achieving Loshore areas, provided that the dimensional and performance standards ofsubsections (i) through (v) above are satisfied. c. Roods. Dr/vewmys. and Pork/nqAreas. Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from vie* from Public waters. Documentation must be provided by aquaUfied individual that aKroads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soii and water conservation dis\hct, orother applicable technical materials. 5. Subdivision Standards. The following standards shalt apply Lusubdivisions inshoreiond a. Each lot created through subdivision must besuitable in its natural state for the proposed use with minimal alteration. In determining suitability the City wit[ consider susceptibility to fioodiny, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply orsewage treatment capabilities, near -shore aquatic conditions unsuitable forvvnterhased recreation, important fish and wildlife habitat, presence of significant historic sites, urany other feature ofthe natural [and likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision, or of the community at large. b. Subdivisions must conform to all other official controls adopted by the City ofLake Elmo. Subdivisions will not be approved that are designed so variances from one or more standards in official controls would be needed to use the tots for their intended purpose. Lots that Would require use of holding Lmnks must not be approved. c. If, in group oftwo ormore contiguous tots under the same ownership, any individual lot does not meet the requirements ofthis section, the tot must not be considered as a separate parcel of land for the purposes ofsate urdevelopment. The lot must be combined with the one or more contiguous tots so they equal one or more parcels of iand,each mecdn�the requirement ofthis secdVnasmuch aspuoibie. 6. Agricultural Activities. The following standards shall apply toogricu\tura\ activities in shoreiandareas: a. The shore impact for parcels with permitted agricultural uses is equal to a line parallel toand 5Ofeet from the OH\YL. b. General cultivation fanning, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses ifsteep slopes and shore impact zones are maintained inpermanent vegetation oroperated under anapproved conservation plan (resource management systems) consistent with the field office technical guides ofthe iucoisoil and water conservation district orthe USDA Natural Resources Conservation Service. c. Animai�F feedlots, which must comp[v with PCA Rules 7020.0100-7020. 1900 and obtain permits, and manure storage are not permitted within the shoneLand of watercourses or in bluff impact zones, and must meet minimum setback of 3OOfeet from the ordinary high water level of all public water basins identified in subsection ([)(1). d. The use ofpesticides, fertilizers oranimal wastes within shorciand areas shall be done in such away asto minimize impacts on shore impact zones by proper application or use nfearth or vegetation. 7. 5horr/ondA/terobons. The purpose of this section is to prevent erosion into public waters, fix nutrients, preserveshore\and aesthetics, preserve historic values, prevent back stumping and protect fish and wildlife habiLat. Shoreiand alterations shall be allowed in accordance with the following standards: a. No principal oraccessory structure or use shalt be placed within bluff orshore impact zones other than agricultural activities as permitted by subsection (C)�A§�.b). b. Shore impact zones shalt be maintained in permanent vegetation or operated under an approved conservation plan consistent with the field office technical guides of the local soil and water conservation district. c. Intensive Vegetative Clearing, Intensive vegetation clearing within shore and bluff impact zones and/or steep slopes isnot permitted. Intensive clearing within shonciond areas outside of bluff orshore impact zones and steep slope areas is permitted subject to City approval of an erosion and sedimentation control plan that is consistent with the [ity's Storm Water and Erosion and Sediment Control Ordinance (5150.270). d� Limited Tree Clearing. Limited clearing nftrees and shrubs and the cutting, pruning and trimming oftrees within bluff and shore impact zones nrsteep slopes to accommodate picnic areas, traits and water access and tnprovide aview tothe water from a principal dwelling site shalt be permitted provided the screening of structures, as viewed from the water, is not substantially reduced and that the shading of water surface is along rivers ispreserved. These provisions do not apply tothe removal of tree limbs or branches that are dead orpose a safety hazard. e. Grading /n Shorp/und4reus. All grading and filling activities must be in conformance with theVVedand Conservation Act. Any grading orfitting on steep slopes or within shore or bluff impact zones involving the movement often (10) or more cubic yards of material or involving more than fifty (50) cubic yards of material elsewhere in o shore{mnd area shall require the submission of Grading Permit. Approval shalt be granted only /fthe following conditions are met: i. Any filling or grading in any Type Z, l 4, 5' 6, 7 or 8 vvedand shalt be in conformance with the Wetland Conservation Act of1PV1 and shalt require consideration of hnvv extensively the proposed activity will affect the following functional qualities of thewedand: a} Sediment and pollution trapping and retention b) Storage ofsurface runoff to prevent or reduce flood damage c) Fish and wildlife habitat and endangered plants and animals d) Recreational use e) Shoreline orbank stabilization f) Historical significance ii. The smallest amount nfbare ground is exposed for the shortest time possible; iii. Ground cover such as mulch is used for temporary bare soil covenageand permanent ground cover, such assod, is established; iv. Methods tnprevent erosion and trap sediment during construction are employed; V. Altered areas are stabilized toaccepted erosion control standards; vi. Fill is not placed so ostocreate unstable slopes; vii. Plans to place fill orexcavated material onsteep slopes are certified by qualified professionals as tnslope stability; R viii. Alterations below the OHVYLare authorized bythe Commissioner ofthe Minnesota Department ofNatural Resources per Minn. Statx. 5 103G.245; ix. Placement ofnatural rockhprap, including associated grading ofthe shoreline and placement ofo fitter blanket, is permitted if the finished slope does not exceed three feet horizontal Loone foot vertical, the landward extent ofthe riprap is within ten feet ofthe 0HYYLand the height ofthe riprapabove the OHYYLdoes not exceed three feet; and X. Alterations oftopography shalt only bepermitted ifaccessory toa permitted orconditional use, f. Dedicated Riparian Areas. Riparian areas dedicated to the City shall be protected from intensive development. Permitted uses include passive open space, pedestrian traits, public parks and park're(ated structures, facihties for public water access, fishing piers, parking lots for park users, and stormwatertreatment ponds. Unless being used for active park purposes, the riparian areas shall be maintained in permanent natural vegetation. 8. Sand and Gravel Extraction. The following standards shall apply to sand and gravel extraction uses: a. Processing machinery shalt be located consistent with setback standards for structures. b. 4site development and restoration plan shalt bedeveloped bvthe owner for approval by the city which addresses dust, noise, possible pollutant discharges, hours and duration of operation and anticipates vegetation and topography alterations. It shall identify actions tobetaken to mitigate adverse environmental impacts and measures to be employed to restore the site after excavation. 9. Stonnwmter/Nonogenvent. 5tormwoter management shall be in accordance with the [ity's Storm Water and Erosion and Sediment Control Ordinance (5150.270). In addition. the Minnesota Pollution Control Agency's Minnesota 5to,mvvaterk4anua\ shall be used as guidance. Within shoreiand areas, the following standards also apply: a. Existing natural drainage ways, wetlands and vegetated soil surfaces must be used to convey, store, fitter and retain storm water in n manner consistent with local watershed district rules and regulations before discharge topublic waters, b. Development must be planned and conducted in o manner that wilt minimize the extent of disturbed areas, runoff velocities, and erosion potential and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as grading is complete and facilities or methods used to retain sediment on the site are removed. c Use of fertilizers, pesticides or animal wastes within shore|and areas must be done in a way tominimize impact onthe shore impact zone orpublic water bvproper application. d. New constructed storm water outfaKsto public waters must provide for filtering o/ settling of suspended solids and skimming of surface debris before discharge. 10. 9r/voteUt///t/es. The following provisions shalt apply inshoreiandareas: a. Private subsurface sewage treatment systems shalt meet applicable City and County requirements and Minnesota Pollution Control Agency's Chapter 7080standards. Publicly owned sewer systems shalt beused where available. b. Any private water supply tobcused for domestic purposes shalt meet quality standards established by the Minnesota Department ofHealth and the Minnesota Pollution Control Agency. 11. Planned Unit Developments. ppianned unit developments shalt be permitted in shoreiand areas subject to the requirements of Article XV| of this chapter. a. Design criteria for planned unit developments within shoreiand areas: i At least 50 percent ofthe total project area shall be preserved as open space. The open space computation shalt not include rood rights'of'way, or [and covered by roads, structures or parking surfaces. ii. Open space shall include areas having physical characteristics that are unsuitable for development in their natural state and areas containing significant historic sites orunpiatLed cemeteries. iii. Open space may contain outdoor recreational facilities for use by the owners o/residential units orthe public. iv. The appearance o/open space areas, including topography, vegetation and allowable uses, shalt bepreserved. V. PUDs shalt be connected to public water supply and sewer systems. vi. Before final approval of PUD is granted, the deveioper/ovvner shall provide for the preservation and maintenance, in perpeLuity, of open space and the continuation of the development msmcommunity. vii. Approval from the DNRis required toensure comphancewith additional reou|aduns. 12. Nonconfonn/t/ss. Nonconfonnities, substandard tots and structures, and nonconforming on - site sewage treatment systems within shureiand areas ohmK meet the requirements specified in Article |Vnfthis chapter. a. The expansion or enlargement of riparian substandard structure shalt meet the shnrc|onddevelopment standards set forth insubsection ([)(3) except asfollows: i. The e�nsion, enlargement ora-4*ra-�ion of s ripa-r�on subs�zrx���� �tructu�o or�a*itaryfaciU permi��ed on thesideofthec�rue�u*e *p-�ty faci:,- 01H\,1/L`,i'dhnut frUovvin- the variance i;. An impruvement4oa hPnh--R-&ub-,t r may bea[ cd t-o-c:tc;�4JaterzUyby -icondidoxz-(use permit ( araUe\ to the QHV/L) v/heo theinnprnrumentisin- ea pneye�n+�i s-t-an4a7Fdc nf thic chapter. In no to-t#e OHYYLt4**�xisdng str6�r--ture. i. Decks may beallowed without avariance where riparian dedication isnot required, provided asfollows: a) A thorough evaluation of the property and structure reveals no reasonable location for adeck meeting orexceeding the existing OHVYL setback of the structure; ' b) The deck encroachment toward the OHYYL does not exceed 15 percent ofthe existing shoreline setback ufthe structure from the OHYYLnr dues not encroach closer than 30heet whichever more restrictive; ' and c) The deck bconstructed primarily nfwood, and isnot roofed or screened. h. If ripahao substandord st/ucturebdemnii�&hed. Fepiac ncionz1 cta�dordE oft4�ecbon. h. 4nydev\ahons from the standards set forth in subsection (C)(]> must be authorized by avorionce. c. Nonconfonn/nq SewnqcTreotnent5ysteMs. i. 4sewaoe Lreatmentsystem not meehoo the requirements ofsubsection (C) (10) (a) must be upqraded, at a minimum, al, any time a iDermii orvariance of onytype is required for anyimprovement on, or use of, the property. For the purpose of this provision. D sewoRe treatment system sho[i not bcconsidered noocon[ormioqif the onk/deficiency is the sewaqe treatment system's improper setback from the DHVYL ii. Upgradinuorreplacement ofany nonconforminR system wilt berequired within a reasonable oerimd nftime which wilt not exceed Z'vears. Sewaqen/sLems installed accordinq toat( apo|icabi* iocaisho/e[ond manaqcmentstandards adopted under Minnesota Statutes, section 103F. in effect at the time of installation muybeconsidered asconforminqunless they are determined tobe fai|inR, except that systems udno ccss000\s. (cachinu oits, seepaRe p1ts, or other deep disposal methods, orsystems with less soil treatment area separation above Rnoundwaterthan required bythe Minnesota Pollution Control 42ency's [hapter7OOO fordcdun ofon-site sc*m_Retreatment systcms, shall be considercdnonconh`rmin�. d. Construction onnonconfonn/nylots ofrecord. i Lots ofrecord inthe office ofthe county recorder onthe date o[enactment of local shoreiand controls that do not meet the ,eouiremeots of Table 17'3 of this ordinance may be allowed as buiidinqsites without variances from lot size requirements provided the use bpermitted in the zoninRdistrict, the lot size meets the minimum restrictions of the undertvinRzonino district, the tot has been in separate ownership from abutdnq lands at at[ times since it became Substoodard, was created compliant with official controls in effect at the time, and sewaoe treatment and setback requiremeoLs of this ordinance are met., H. If, in u ornupn[ two or more conduuous lots under the some owoeohip, any individual lot does not meet the requirements ofTable 17'3ofthis ordinance the tot must not bcconsidered asaseparate parcel of(and for the purposes of sale or development. The lot must be combined with the one or more contipuous lots sothey equal one ormore parcels of land. each meehnR the requirements of Table 17'3 of this ordinance as much as possible. 43.-�x���c���,�,e.`D"!r����'��es,l]se�v���*���� c'f �7i­n- ccnn�z t".-1-1d�i mi:in�����F���ean���*ee�ed Khs �-1i�c��cd D. Administration. 1. Required Notice tothe Deportment ufNatural Resources. The zoning administrator shall send copies nfnotices of any public hearings tuconsider variances, plats, ordinance amendments, PUDs or conditional uses under local shnreiand management controls tothe commissioner ofthe department ofnatural resources orhis designee ot least ten days prior to the hearings. In addition, n copy nfthe approved amendments, plats, variances and conditional uses shalt be sent to the commissioner urhis designee within Len days of the final decision. 2. Yo/innccs. The board of adjustment 5ha8 hear and decide requests _for yah@nces in accordance with the rules that it. has adopted for the conduct of business. When a variance isaPoro«ed aMz/ the DcoarLmen\ofNatural Resources has formal(/ recommended denial in the hearing record, the notification ofthe approved variance required |nsubsection L1 above shalt also indudcthe board ufadjustment's summary of the public record/ testirnonv and the findings of facts and conclusions which Supported the bsuanceofthe variance. l Conditional Use Permits. 4 thorough evaluation ofthe wnterbodyand the topoora0hic, vegetatinn, and soil conditions onthe site must bemade toensure the prevention or soil erosion urother possible poUubon ofpublic waters, both during and after construction, visibility of structures from public waters is Umited. Sbe is adequate for water suppiyand on -site sewage treatment. Conditions mmybeattached toissuance of the conditional Use permit tofulfil[ the purooScnf the ordinance including, but not limited to, increased setbacks from OHVVL. limitations on the natural vegetation to be removed or the requirement that additional vegetation be pianted, and special provisions for the location, des|on, and use ofstructures, sewage treatment sVstems. watercraft launching and docking, arems, and vehicle parking areas. SECTION 3. Effective Date, This ordinance shalt become effective immediately upon adoption and publication iDthe official newspaper Ufthe City VfLake E[rn0. | SECTION 4. Adoption Date. This Ordinance 08 '137was adopted on this day of LAKE ELMO CITY COUNCIL Mike Pearson, Mayor A||EST: - - Julie Johnson, City Clerk This Ordinance 08- 137vYas published 0Dthe day of . 2016.