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HomeMy WebLinkAboutPZ Packet; 10.10.18-l'HE Cl'r%' OF SAKE ELMO 3800 Laverne Avenue North (651) 747-3900 Lake Elmo, MN 55042 www. [akeelmo.org NOTICE OF MEETING The City of Lake Elmo Planning Conunission will conduct a meeting on Wednesday October 10, 2018 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. September 10, 2018 4. Public Hearings a. EASEMENT VACATION. A Request by Zawadski Homes, Inc. to vacate a drainage and utility easement over and between 9829 Whistling Valley Road and 9843 Whistling Valley Road of Whistling Valley Second Addition as well as combine the two parcels, PID #27.029.21.44.0010 and PID 427.029.21.44.0011. 5. Business Items a. PLANNED UNIT DEVELOPMENT (PUD) ORDINANCE. A request by the City Council for the Planning Commission to provide clarification on the PUD ordinance and the provision of amenity points for affordable housing. 6. Communications a. City Council Updates — September 18, 2018 a. Environmental Performance Standards Tree Preservation — passed b. Boulder Ponds 4"t Addition Final Plat —passed c. Boulder Ponds 46' Addition Developer Agreement — passed d. River Valley Church CUP Amendment — passed b. City Council Updates — October 2, 2018 a. No Parking Ordinance update c. Staff Updates a. Upcoming Meetings: • October 22, 2018 • November 14, 2018 7. Adj ourn ***Note: Every effort will be made to accommodate person or persons that need special considerations to attend this meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of special accommodations. T] U! C,'IT1Ui' SAKE ELMO City of Lake Elmo Planning Commission Meeting Minutes of September 10, 2018 Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Lundquist, Johnson, Dodson, Dorschner, Weeks, Kreimer, Emerson, Pearce and Hartley COMMISSIONERS ABSENT: None STAFF PRESENT: Planning Director Becker and City Administrator Handt Approve Agenda: M/S/P: Hartley/Lundquist, move to approve the agenda as presented, Vote: 7-0, motion carried unanimously. Approve Minutes: August 27, 2018 M/S/P: Hartley/Dodson, move to approve the August 27, 2018 Minutes as presented, Vote: 7-0, motion carried unanimously. Public Hearing — Capital Improvement Plan Handt started her presentation on the 2019-2023 Capital Improvement Plan. This is something that comes before the Planning Commission each year. This is a multi-year capital expenditure plan for the City's infrastructure. Lake Elmo's CIP includes capital projects that cost at least $25,000 and have a useful life span of five years or longer. There are a number of different funding sources including such things as debt service fund, general fund, park dedication, grants, etc. There is a project priority ranking system going from a one which is critical or urgent to a five which is a future consideration. The 2019-2023 CIP plan includes 73 projects totaling 52.5 Million dollars. There are a number of street projects including phases 5-7 in the Village area. The large project in the administrative/finance area is the New City Hall and Fire Station and improvements to public works. Parks and Recreation Projects has 2 parks in particular for improvements, Sunfish Lake Park for mountain hike trails and Pebble Park. There is a shared park planned for Wildflower and Village Preserve. The Fire Department and Lake Elmo Planning Commission Minutes; 9-10-18 2 Public Works have equipment purchases planned. There are a number of stormwater and water projects. There are some potential areas that water might be extended based on the PFC findings. These projects would be coordinated with road projects and are contingent on funding. The City will need a new water tower and a new well. There will be meter change outs and a change to a radio read system. The Planning Commission discussed the well and tower proposed and the priority of it. Lundquist asked about well #1 and if there might be a treatment facility on it. Handt stated that it is the oldest well and has the lowest capacity. Handt stated that the City Engineer has said if the city is going to invest that kind of money, it should be on a well that has capacity that is going to meet our needs. Handt stated that treatment is incredibly expensive as opposed to finding clean water in the City. The feasibility study will look at all of the options. Dodson asked about the Blackford water extension project which seems very specific. Handt stated that it is specific and is contingent on if the state will give them grant funding. Handt stated that the 3111 Street project is also very specific. The neighborhood filed a petition after they received notification when the PFC levels were reduced. Dorsch ner is wondering if there has been any discussion about the south east corner partnering with Cimarron. Handt stated that it has been challenging working with the management of the park. Public Hearing opened at 7:21 pm No one spoke and there was no written correspondence Public Hearing closed at 7:21 pm Dodson feels that all of the projects should have a description in the justification section. Hartley stated that given the growth in the south, it could put a real damper on development if water is questionable. Hartley feels that the priority should be raised in importance. Handt is fine to make it a number 1 as the Council has already given approval to start looking for land. M/S/P: Hartley/Lundquist, move to change the priority on both the elevated storage tank and the new well and pump house from a 3 to a 1, Vote: 7-0, motion carried unanimously. Kreimer thinks that in regards to the Blackford's and the 3111 Street water projects. If they have received notice of PFC's, the state should be installing GAK filters which would Lake Elmo Planning Commission Minutes; 9-10-18 C make their water as clean as the City's water. Handt stated that the Blackford's are not interested in a GAK filter and have been using bottled water all these years. As they age, it is getting more cumbersome. M/S/P: Kreimer/Hartley, move to change the Blackford project and the 311t street water project to a number 5, Vote: 3-4, motion failed. Johnson would agree with Kreimer that in the scheme of things these would be a lesser priority. Handt stated that these 2 projects only includes 7 homes. Dorschner stated that he feels the CIP is consistent with the Comprehensive Plan. M/S/P: Lundquist/Dorschner, move to recommend to the City Council that the 2019- 2023 CIP is consistent with the draft 2040 Comprehensive Plan with the one amendment, Vote. 7-0, ►notion carried unanimously. Public Hearing -- Conditional Use Permit — Thrive Behavioral Network - Tabled Becker stated that the public hearing for the CUP for the expansion of the use at 3819 Laverne Ave can be opened and closed if anyone has any comments. Public Hearing — Conditional Use Permit — River Valley Church Becker started her presentation regarding the CUP for an expansion of a non- conforming use of place of worship within the Public and Quasi -public open space district. In 1996, this was a permitted use and a site plan was approved. In 2000, the ordinance was changed to make places of worship conditional uses, making this a non- conforming use. The City's non -conforming ordinance states that use may continue, but may not expand. The applicant is requesting an expansion and therefore must obtain a conditional use permit to bring the property into compliance. The expansion will include 2582 square feet of education space. The education space is considered accessory to a church. There will also be 3-4 staff people. The setbacks and impervious requirements are met, with the exception of the parking lot setback allowed with a variance in 2003. Staff is recommending approval with conditions. These include that the applicant must obtain all necessary City, state and governing body permits prior to construction. The applicant must provide written documentation demonstrating adequate wastewater management. Dorschner is somewhat concerned about the wastewater capacity with the added use. Becker stated that is why the condition that Washington County look at the system as part of approval. Lake Elmo Planning Commission Minutes; 9-10-18 4 Steve Erban, architect for River Valley Church, stated the septic system was designed for more capacity. There is also a flow meter, so they can have the actual usage. Pastor Nitzel, this congregation has been in this location since 2006 and the population of the congregation is about the same. The reason for the classroom facilities is to not have to expend so much energy setting up and taking down the same areas for different uses. Public Hearing opened at 7:50 pm No one spoke and there was no written correspondence Public Hearing closed at 7:50 pm M/S/P: Kreimer/Dodson, move to add condition #3 that applicant must comply with the City Engineer memo dated August 27, 2018, Vote: 7-0, motion carried unanimously. M/S/P: Hartley/Lundquist, move to recommend approval of the River Valley Church Conditional Use Permit with recommended findings and conditions of approval as drafted by staff and as amended, Vote: 7-0, motion carried unanimously. City Council Updates — September 4, 2018 1. Growing Explorers Learning Center Final Plat, PUD and CUP - passed 2. Growing Explorers Development Agreement -passed 3. 3880 Laverne Ave N Minor Subdivision - passed Staff Updates 4. Upcoming Meetings a. September 24, 2018 -TBD b. October 10, 2018 Meeting adjourned at 7:54 pm Respectfully submitted, Joan Ziertman Planning Program Assistant Lake Elmo Planning Commission Minutes; 9-10-18 Tl 1i CITY OF LAKE ELMO STAFF REPORT DATE: 10/10/2018 PUBLIC HEARING ITEM #: 4a MOTION TO: Plamvng Commission FROM: Ben Prchal, City Planner AGENDA ITEM: Easement Vacation For 9843 Whistling Valley and 9829 Whistling Valley Rd. REVIEWED BY: Emily Becker, Planning Director BACKGROUND: The City has received applications from Zawadski Homes, Inc for an Easement Vacation as well as a Lot Line Adjustment: • To vacate an existing drainage and utility easement between 9843 and 9829 'Whistling Valley Rd. • To adjust the shared lot line and combine the parcels. Location: 9843 Whistling Valley Rd. PID. 27.029.21.44.0011 9829 Whistling Valley Rd. PID. 27.029.21.44.0010 Existing Land Use: Both lots are undeveloped. Existing Zoning: Open Space (OP) Planned Unit Development (PUD) Surrounding Land North: Open Space within the development; South: Open Space; East: Open Use/Zoning: Space; West: Single Family Residential (OP) Comprehensive Plan: Rural Area Development History: 2003: Preliminary and Final Plat Approved. 2004: Second Addition of Development Approved. (lots are in second addition) Deadline for Action: Application Complete: 9/17/2018 60 Day Deadline: 11/16/2018 Extension Letter Mailed: N/A 120 Day Deadline: N/A Applicable Regulations: Chapter 153: Subdivision Regulations M.S. 412.851 ISSUE BEFORE COMMISSION: The Commission is being asked to hold a public hearing and make recommendation on the request for an easement vacation between 9843 and 9929 Whistling Valley Rd. PROPOSAL DETAILSIANALYSIS: The applicant is requesting that the city allow the combination of two platted lots so that a home can be built on the property. However, an easement which divides the lots must also be vacated so that the home will not conflict with a city easement. Code requires that if an easement needs to be vacated the action must be discussed at a public hearing and action must be taken by City council. This must be done prior to the approval of the lot consolidation. - Once the easement has been vacated the lot line adjustment may be approved administratively. Minnesota Statue Easement Vacation Procedure (M.S. 412.851), Council may, by resolution, vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting said property. Easement vacations require a public hearing and 415 vote by Council only if there has been no petition. Minnesota Statute 462.352, Subd. 12 — Pertains to subdivision (referenced later in report). Lot Consolidation/Lot Line Adjustment: Section 1.53,06 Criteria for Lot Line AdjustmentlLot Consolidation. Lot line adjustments exempted from platting by Minnesota Statute 462.352, Subd. 12 and shall not require a plat or replat and may be administratively approved, provided all of the following are met: Each resultant parcel equals or exceeds the minimum lot dimension requirements and public road frontage requirements for the zoning district in which the property is located or is made more conforming through the lot line adjustment; The lot size established in the Preliminary Plan approval stated that lots must be at least 75 acres and larger to comply with minimum lot size standards within the Shoreland Overlay District adjacent to Natural Environmet Lakes, as to standards appear following the 1997 amendment to the Shoreland District standards in that regard. The total size will now be 1.67 acres. - The lot line adjustment does not create additional lots. The member of lots will not increase dale to the lot line adjustment. - The lot line adjustment shall not cause any structure on the property to be made non -conforming or in violation of the Zoning Chapter or any other provisions of the City Code. There are currently no buildings on the property, no stnicture can become non- conforming. All resultant parcels shall have frontage and access on an existing improved street or access to an existing unproved street protected by a restrictive covenant approved by the City Attorney which includes the City as a beneficiary. There will be no change to the frontage of the lots. - The resulting parcels shall generally conform to the shape, character, and area of existing or anticipated land subdivisions in the surrounding areas. There are other lots within the development that are comparable in size to what is being proposed. Many are rectangles of an irregular shape, staff does not believe this lot design would be out ofplace. - Any such lot line adjustment shall not require any public improvements. There will not be a need for public improvements as they have already been installed. - Any casements that become unnecessary as a result of the combination of parcels must be vacated. A request to vacate easements shall be made concurrently with the application for lot consolidation/lot line adjustment. Review of the easement vacation request, including aU public hearings and City Council action shall be completed before action may be taken on the application for lot consolidation/lot line adjustment. Because easements need to be vacated they mast go through a review process before the lot line adjustment/lot consolidation can be approved, - New easements shall be established as appropriate. Easements along the border of the property shall be maintained. However, the easement beN)een the properties would no longer be needed, Additional Review: Engineering - No comments relating to the vacation as well as the consolidation. Instead comments came up relating to the actual design/layout of the home. However, this will be dealt with during the home review process. Public Works - No comments relating to the vacation or the consolidation. Watershed — The watershed district has no comment regarding the easement vacation/lot line adjustment, However, they will require a permit and storm water management for the build. FISCAL IMPACT: There is not expected to be a fiscal impact. OPTIONS: The Commission may: • Recommend approval of the proposed Easement Vacation with recommended conditions of approval. • Recommend approval of the proposed Easement Vacation with amended reconunended conditions of approval. • Recommend denial of the proposed Easement Vacation, citing findings of fact as to why the proposal should be denied. RECOMMENDED CONDITIONS OF APPROVAL: Staff recommends that the Planning Commission recommend the following condition of approval: 1. The request for a lot consolidation to combine PID#s 27.029.21.44.0011 & 27.029.21.44.0010 shall be approved after the discussed easement is vacated. 2, Prior to the issuance of any development pen -nits, and no later than 60 days after administrative review and approval, the applicant shall provide the Zoning Administrator with recorded documents or recorded document numbers for the deeds of conveyance which effectuate the lot consolidation. 3. The applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees unpaid for the proposed lots to be consolidated. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the proposed drainage and utility casement vacation: "Move to recommend approval of the vacation of easement(s) described as the east S feet of Lot 2, all in Block 1, WHISTLING VALLEY 2N" Addition, Washington County which lies north of the following described "Line A" and south of "Line B" as described on the survey, as approved by the City Engineer, being recorded." ATTACHMENTS: • Survey/Description showing proposed vacation • Resolution STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2018- A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT OVER LOT 1 BLOCK 1 AND LOT 2 BLOCK 1 OF WHISTLING VALLEY 2ND ADDITION THE CITY COUNCIL OF THE CITY OF LAKE ELMO, MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS; WHEREAS, the City of Lake Elmo approved the final plat of Whistling Valley 2"d Addition on July 29"', 2004 with drainage and utility easements bordering the property lines of the platted lots; and. WHEREAS, the City of Lake Elmo had received a request for casement vacation from Zawadski Homes, Inc„ and WHEREAS, a request has been made to the City Council pursuant to Minnesota Statute §412.851 to vacate the existing drainage and utility easements on eastern edge of 9829 Whistling Valley Rd and western edge of 9843 Whistling Valley Rd; and WHEREAS, a public hearing to consider the vacation of the drainage and utility easement was held on the October 10'x', 2018 at the Planning Commission meeting in the Lake Elmo City Hall located at 3800 Laverne Avenue North at 7:00 p.m. or shortly thereafter after due published and posted notice had been given, as well as personal mailed notice to all property owners within 350 feet of 3829 and 9843 Whistling Valley Rd. by the City Clerk and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Council in its discretion has determined that the vacation will benefit the public interest because: 1) The proposed consolidation as well as vacation complies with all applicable zoning and consolidation regulations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE ELMO, COUNTY OF WASHINGTON MINNESOTA, that such request for vacation of an existing drainage and utility easement is hereby granted in accordance with the property descriptions provided above, subject to the following condition: 1) The request for a lot consolidation to combine PID#s 27,029.21.44.0011 & 27,029.21.44,0010 shall be approved after the discussed easement is vacated, 2) Prior to the issuance of any development pennits, and no later than 60 days after administrative review and approval, the applicant shall provide the Zoning Administrator with recorded documents or recorded document numbers for the deeds of conveyance which effectuate the lot consolidation. 3) The applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees unpaid for the proposed lots to be consolidated. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. Adopted by the Council this 16t1' day of October 2018. Effective Date: Approved: Mike Pearson, Mayor Attested by: Julie Johnson, City Administrator Resolution 2018-017 Page 2 SKETCH AND DESCRIPTION -for- ZAWADSKI HOMES -of- PROPOSED EASEMENT VACATION PROPERTY DESCRIPTION: Lots 1 and 2, Block 1, WHISTLING VALLEY 2ND ADDDITION, Wnshinglon County, Minnosola. DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO DE VACATED: That port of the east 5 feet of Lot 1 and the west 5 feet of Lot 2, all in Block 1, WHISTLING VALLEY 2ND ADDITION, Woshington County, Minnesota which lies north of the fallowing described "Line A" and south of "Line B" as described below: Description of Line A; Com monolog at the southnrly most corner of sold Lot 1; thence on an assumed bearing of North 28 degrees 13 minutes 52 secandR West, along the southwesterly line of Bald Lot 1 a distance of 116.69 foot to the point of begirnfng of said "Line A": thence South 75 degrees 51 minutes 04 seconds fast a distance of 231.84 feet to the svulhenslerly line of said Lot 2 and sold "Line A" there terminating. Description of Line B: Commencing at the northeast earner of said Lat 2; thence on an assumed bearing of South 49 degrees 53 minutes 39 seconds East along the easterly line of sold Lot 2 a distance of 19.73 feet to the paint of beginning of sold "Line 8 thence North 6C degrees 20 minutes 46 seconds West a distance of 72,35 feet; thence North 45 degrees 24 r inutes 09 seconds West n distance of 147.43 feet to the westerly line of said Lot 1 and said "Line B" there terminating. DENOTES DRAINAGE AND UTILITY EASEMENT TO BE VACATED (AREA = 1,703 SF) NOTES Contours shown per MN DNR Lidar informction. No fluid survey has been conducted at this time. CRAPI-ffC SCALD SP 4 le SII 6p n9 ( IN MET ) 1 ldnh - 90 fl I hereby certify thai this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the lows of the State of Minnesota. JASOIZ,—RNJD Dote: 9/1()/2()l B License No, 41578 tST.,9Tl Professional Land Surveyors www.egrvd,com 6776 Lake Drive NE, Suite 110 Lino Lakes, NEN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 NORTH DRAWN BY.. BAII J09 Na 1659445 GATE 9/12/IA CHECK BY, JE'R SNNNE6 L] I 2 J No. RARE DESCRIPTION BY 18594HS TI If--- CITY OF LAKE ELMO STAFF REPORT TO: FROM: AGENDA ITEM: REVIEWED BY: BACKGROUND: DATE: 10/10/18 REGULAR ITEM #: 413 Planning Commission Emily Becker, Planning Director Planned Unit Development Ordinance (PUD) Update Ben Gozola, Consulting Planner The Planning Commission held a public hearing and recommended approval of a draft PUD ordinance at its July 23, 2018 meeting. The Council considered the proposed amendments at its August 21, 2018 meeting and requested that the ordinance be brought back to the Planning Commission for discussion on why affordable housing warranted ten amenity points. ISSUE BEFORE THE COMMISSION: The Council is requesting that the Commission consider why affordable housing should warrant amenity points for additional density and provide the Council a detailed explanation as to why. PROPOSAL DETAILS/ANALYSIS: It is a goal within the draft 2040 Comprehensive Plan to provide opportunities within the urbanizing areas to accommodate and develop housing that may be more affordable and desirable to younger and senior population. FISCAL IMPACT: None OPTIONS: Staff is requesting that the Planning Commission discuss why affordable housing should warrant amenity points for a FUD, allowing additional density and flexibility and provide a detailed explanation to Council as to why this is. ATTACHMENTS: • Ord. 08- (redlines) • Ord. 08- (no redlines) CITY OF LAKE ELMO COUNTY OF WASIHNGTON STATE OF MINNESOTA ORDINANCE NO. 08-202 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING ARTICLE XVII. PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article XVII: Planned Unit Development (PUD) Regulations, by amending the following: ARTICLE XVII. PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS § 154.750 INTENT. This ai4iele establishes the procedurcs and standards for the developmefit ef afeas as , planned deyelepmefAs in aeeafdanee with the intent and pufpese of this zoning ordinanee and the »Beetle paheies of the C„Y,. p -e-he sive 171a The intent of the Planned Unit Development PUD overlay zoning district is to provide greater flexibilitv in the use of land and the placement and size of buildings within the development of residential and non-residential areas in order to achieve more creative development outcomes while remaining economically viable and marketable Beeaiase of the lafgef size of PUDs and to help achieve the idevAi-fied objectives ft)r- platined unit develeptnet-A sites, this ai4iele provides for- 44exibilib, in the use ef land and th and to better utilize site features and obtain a higher quality of development, Approval of a planned unit development shall result in a zoning change to a specific PUD overlay district, with specific requirements and standards that are unique to that development. The City reserves the right to deny establislunent of a PUD overlay district and direct a developer to re -apply under the standard a licable zoning -district if it is determined that proposed benefits do not justify requested flexibilities. (Ord. 08-070, passed 2-19-2013) § 154.751 IDENTIFIED OBJECTIVES. When reviewing requests for approval of a planned unit development, the city shall consider whether one or more of the objectives listed below will be served or achieved. It is the responsibility of the applicant to provide a narrative of how the proposed planned development meets one or more of the city's identified objectives ((A) through (1)). Planned unit developments should not be allowed simply for the purpose of increasing overall density or allowing development that otherwise could not be approved. A. Im-iovation in land development techniques that maybe more suitable for a given parcel than conventional approaches. B. Promotion of integrated land uses, allowing for a mixture of residential, commercial, and public facilities. C. Provision of more adequate, usable, and suitably located open space, recreational amenities, natural resource protection, and other public facilities than would otherwise be provided under conventional land development techniques. D. Accommodation of housing of all types with convenient access to employment opportunities and/or commercial facilities; and especially to create additional opportunities for senior and affordable housing. E. Preservation and enhancement of important enviromnental features through careful and sensitive placement of buildings and facilities. F. Preservation of historic buildings, structures or landscape features. G. Coordination of architectural styles and building forms to achieve greater compatibility within the development and surrounding land uses. H. Creation of more efficient provision of public utilities and services, lessened demand on transportation, and the promotion of energy resource conservation. I. Allowing the development to operate in concert with a redevelopment plan in certain areas of the City and to ensure the redevelopment goals and objectives will be achieved. J. Higher standards of site and building design than would otherwise be provided under conventional land development technique. K. Expanded opportunity for development of housing resources affordable to households at or below the area median income. (Ord. 08-070, passed 2-19-2013) § 154.752 ALLOWED DEVELOPMENT. Uses within the PUD may include only those uses generally considered associated with the general land use category shown for the area on the official Comprehensive Land Use Plan. Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted, conditional or interim uses with the acceptance of the development plan. Any change in the- list of Uses , ppr-,,v to the development plan will be considered an amendment to the PUD, and will follow the procedures specified in Article 3, Administration, for zoning amendments. PUDs may allow for flexibility in the following: A. RermWe Uses. The PUD application shall identify all proposed land uses and those uses shall become pennitted conditional or interim uses upon the approval of the planned unit development. Uses not otherwise allowed in the zoning district are prohibited within a PUD. Alternative: The extent of allowed land uses within a PUD shall be limited to those land uses that are allowed or deemed by the City to be substantially similar to those allowed in the allowed in the underlyingzoning district. B. Placement of Structures. More than one principal building may be placed on a platted lot within a planned unit development. The appearance and compatibility of buildings in relation to one another, other site elements, and surrounding development shall be considered in the review process. C. Development Intensity. The PUD may provide for an increase in -assflo APRA of fl—n-or area ratio the maximum impervious surface by up to 20% of that allowed in the base zoning district, for the purpose of promoting project integration and additional site amenities. The impact of increased maximum impervious surface must be mitigated through stoi-rnwater management approved by the City and all other applicable agencies. D. Density. The PUD may provide for an increase in density of residential development by up to 20% of that allowed in the base zoning district, for the purpose of promoting diversity of housing types and additional site amenities. Increased residential densities of varying levels will be awarded based upon the provision of a combination of various site amenities outlined in Sectio 154. `''n'� ? In addition, the city retains the right to evaluate all proposals for bonus density in accordance with the overall goals of the city's Land Use Element of the Comprehensive Plan. E. Building Setbacks. The PUD may provide for a reduction in or elimination of required setbacks in the base zoning district, provided that a landscaped setback area of the minimum width established for the base zoning district is maintained along the periphery of the adjacent zoning district(s). F. Lot Requirements. The Council may authorize reductions in the area and width of individual lots within a PUD from that required for the base zoning district, provided that such reductions are compensated for by an equivalent amount of open space or other public amenities elsewhere in the planned unit development. Any open space shall not include areas designated as public or private streets. The plan may increase the maximum density beyond that permitted in the base zoning district for the purpose of promoting an integrated project with a variety of housing types and additional site amenities. G. Other Exceptions. As part of PUD approval, the Council is authorized to approve other exceptions to the zoning controls applicable to the base zoning district, such as the maximum height of structures or the minimum off-street parking requirements. Such exceptions shall only be granted when they are clearly warranted to achieve the objectives identified in § 154.751. H. Trees/Landscaping Requirements. The Council may authorize flexible landscaping ap roaches that better address on-site needs or may require specialized landscaping lans that address adjacent property concerns. (Ord. 08-070, passed 2-19-2013) § 154.753 MINIMUM REQUIREMENTS. A. Let Development Area. A PUD must include a minimum of 5 acres for- undeveloped lana I and , JI -Nn the appr-eved deve ,,p o, Tracts of less than five acres maybe developed as a PUD if, mer as a result of sketch plan revicw1 and the Plaw-iing Council determines that the following applies: a. the pro op sed project is of superior design and can be achieved t-efnee one or more of the identified objectives listed in § 154.751,-er and 3 b. that compliance with the Comprehensive Plan goals and policies can be attained through the use of the PUD process. B. Open Space. For all PVDs, at least 20% of the project area not within street rights-of-way shall be preserved as protected open space. Other public or site amenities may be approved as an alternative to this requirement. Any required open space must be available to the residents, tenants, or customers of the PUD for recreational purposes or similar benefit. Land reserved for stop n water detention facilities and other required site improvements may be applied to this requirement. Open spaee shall be designed to meet parks,thene-e-dis of residents ef the PUD and the serfotmdiag neighborhoods, to the extent pr-aetieable, for- playgrounds,facilities. C. Street Layout. In existing developed areas, the PUD should maintain the existing street grid, where present, and restore the street grid where it has been disrupted. In newly developing areas, streets shall be designed to maximize connectivity in each cardinal direction, except where environmental or physical constraints make this infeasible. All streets shall ten-ninate at other streets, at public land, or at a park or other comirnunity facility, except that local streets may tenninate in stub streets when those will be connected to other streets in future phases of the development or adjacent developments. (Ord. 08-070, passed 2-19-2013) § 154.754 DENSITY. The PUD may provide for an increase in density of residential development by up to 20% of that allowed in the base zoning district. Applicants seeking increased residential density through a Planned Unit Development are required to provide at least one (1) site amenity, or a combination of site amenities, that equal the required amount of amenity points needed to achieve the desired density bonus. A. Amenity Paints and Equivalent Density Increases. Increases in density will be awarded through a 1:1 ratio with amenity points. For each amenity point granted to a PUD, an applicant will be allowed a I% increase to the allowed density on the site up to a maximum increase of 20%. Table 16 1 outlines the fequired amount of amenity points iieeded t eliiya-Fiotis density iner�ces. �.r auti.i ♦.uuvu. M -5 10 4"0 4-5 4"0 M B. Site Amenities. Site amenities that are eligible for amenity points are listed in Table 16- 21, along with their associated standards of implementation. Some amenities maybe awarded a range of amenity point based upon the quality and magnitude of the amenity. Wheeze the A enity does not M-nant. ali of e standards iFequiredin Table 16 2, no po4tts shall be awarded. speeifieally be- allowed in Table 16 2. C. Site Amenities Not Listed. The city reserves the right to consider alloting amenity points for site amenities that are not specified within this ordinance as part of the preliminary plan phase of the planned development if it is shown that such amenities fulfill the objectives listed in § 154.751. Table 16-2 1: Site Amenities Points Amenity Standards Proposed underground or structured parking must be integrated into the primary structure. The purpose of this amenity is to better integrate parking into the site, reduce the amount of surface parking stalls, and reduce the amount of impervious surface. Proposed underground or structured parking must reduce the amount of surface parking stalls 5-10 Underground or located outside of the footprint of the principal structure by a minimum Structure Parking of 25%. Amenity points will be awarded based upon the amount of surface parking stalls reduced (between 25-50%). For every additional 5% of surface parking stalls reduced above 25%, the applicant will be awarded 1 additional amenity point, up to a maximum of 10 amenity points. The facade of any underground or structure parking areas must match the architectural design of the principal structure. Preservation, rehabilitation or restoration of designated historic Historic landmarks in a manner that is consistent with the standards for 10 Preservation rehabilitation of the Secretary of the Interior as part of the development. hicorporate historic or cultural resources into the project, such as preservation. A minimum of 50% of the site not occupied by buildings shall be Additional Open landscaped outdoor open space. A minimum of 50'% of the provided 10 space open space shall be contiguous. Open space classifications that qualify may include natural habitat, neighborhood recreation, trail corridors or open space buffers. Dedication of land and construction of a public road, trail, pathway, or, 10 Public Right-of greenway that is part of an approved city plan, but outside the scope of Way Dedication the immediate project area. Right-of-way improvements should be designed per the specification of the City Engineer. The installation of fire sprinkler systems, per NFPA 13, 13D or 13R, in structures that are not currently required to install these systems under Fire Sprinkler state code. Amenity points will only be awarded in situations where 5 Systems there are a significant proportion of structures in the development that are not required to be sprinkled under State Building Code. In addition, the density bonus calculation shall only be applied to the number of structures that do not require fire sprinkler systems. -5 Cali ing right + f way. Par-king should be reaf I ,d �l .1 hidden by the building facade, or- + + [ + +l,a + •• �•some other- f >u that ' ae-eept 1�.1 pa The proposed development shall meet the minimum standards for LEED Leadership in Silver certification. The project does not have to achieve actual LEED 5 Energy and certification; however, the developer must submit the LEED checklist Environmental and documentation to the city, approved by a LEED Accredited Design Professional (LEED-AP), which shows that the project will comply with LEED Silver requirements. z cac�ma" A site ,] buil lifig design +1,. + . ll.,,, s fora . ption ., l and siblo Y 1. s ,raad le n The pedestrian ,d/er- 1,:eJr�]Ig el a +l S I use 11 Go[1![]1[IQCICJII CTI trails, 1LLL1CAJ4.A LJLIIG C14VV + shall 1,:.•..]tio of trail! 1.,,,.1..,,.,.,;,, e .lo..,..r tiy + 1 + 1 a light' + a46 safe, elear- a; d ZiTSiCGL1TLYl� QGG�O3.TG��Ii �V�iT1IIQTg�O Gr6 v, v aesilietically pleasing pedestr-iafl faceilifies th+ouo and/or around the site requir-emefits� 5 Adaptive Reuse Significant renovation, rehabilitation and adaptive reuse of an existing building(s), rather than demolition. The development shall include some fond of plaza or public square that is wholly or partly enclosed by a building or buildings. Plazas are 5 Plaza landscaped or paved open areas that shall have a minimum area not less than 1,000 square feet. Plazas for commercial or mixed-use development shall be open to the public during daylight hours. 1-5 Enhanced A Landscaping Plan of exceptional design that has a variety of native tree, shrub and plan types that provide seasonal interest and that exceeds (Ord. 08-070, passed 2-19-2013) § 154.755 COORDINATION WITH OTHER REGULATIONS. A. Coordination with Subdivision Review. Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the PUD. The plans required under this subehapter shall be submitted in a fonn that will satisfy the requirements of the Subdivision Ordinance for the preliminary and final plat. B. Coordination with Other Zoning Requirements. All of the provisions of this chapter applicable to the original district within which the Planned Unit Development District is established shall apply to the PUD District except as otherwise provided in approval of the Final Plan. (Ord. 08-070, passed 2-19-2013) 7 Landscaping the requirements of the Lake Elmo Design Standards Manual. The landscaped areas should have a resource efficient irrigation system. The Landscaping Plan shall be prepared by a licensed landscape architect. Amenity points shall be awarded based upon the quality and magnitude of the Landscaping Plan. Provide capacity for infiltrating stonuwater generated onsite with artful rain garden design that serves as a visible aimiuty. Rain garden designs Enhanced Storm shall be visually compatible with the form and function of the space and Water Management shall include long-terin maintenance of the design. The design shall conform to the requirements per the Minnesota Stonnwater Manual and shall meet the approval of the City Engineer. Significant gni cant utilization of nanous elements of Theming consistent with the 2013 Lake Elmo Theming Project, including but not limited to 1-a Theming signage, fencing, landscaping, lighting and site furnishings. Amenity points will be awarded based upon the quality and magnitude of Thening elements integrated into the project. Site planning that preserves significant natural features or restores 3 Natural Features ecological functions of a previously damaged natural environment above and beyond that required by City ordinance or Enguiecring requirements. 10 Affordable Housing Provides housing that is affordable to households at or below the City's area median income. (Ord. 08-070, passed 2-19-2013) § 154.755 COORDINATION WITH OTHER REGULATIONS. A. Coordination with Subdivision Review. Subdivision review under the subdivision regulations shall be carried out simultaneously with the review of the PUD. The plans required under this subehapter shall be submitted in a fonn that will satisfy the requirements of the Subdivision Ordinance for the preliminary and final plat. B. Coordination with Other Zoning Requirements. All of the provisions of this chapter applicable to the original district within which the Planned Unit Development District is established shall apply to the PUD District except as otherwise provided in approval of the Final Plan. (Ord. 08-070, passed 2-19-2013) 7 i - • - - r _ i - • - NEW- - l - Turuffal 4 § 154.7586 PLANNED UNIT DEVELOPMENT REVIEW PROCEDURES FOR A below.PLANNED UNIT DEVELOPMENT All requests to establish a Planned Unit Development shall be initiated by following the steps below. A. Pre Application Conference. Upen fling of Prior to submitting an application for a PUD Sketch Plan, the applicant of the proposed PUD shall arrange for and attend a conference with the Planning Director. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his or her proposal for the area for which it is proposed and its conformity to the provisions of this subehapter before incurring substantial expense in the preparation of plans, surveys and other data. B. r -Q .,,,n. n, ,,. PUD Sketch Plan 1. Purpose. The genefa4 eeneept plan PUD Sketch Plan uses,plan shatild inehide the fellowing.: overall density ranges, genefal laealian o their- types and intensities, genefal Of stfeets, paths and epeii spaec, and approximaie phasing of develep eRt is the second step in the development process which gives the applicant an opportunity to present their ideas to the Planning Commission the City Council and public so as to gain general feedback on areas that will require additional analysis, study, design, changes, etc. Feedback gained during the PUD Sketch Plan phase should be addressed within the subscauent PUD Preliminary Plan. 2. PUD Sketch Plan Suhmittal Requirements. Requests for PUD Sketch Plans shall be filed with the Planning Director on an official application form. The applicant's signatures shall be provided on the application form. If the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form or the applicant shall provide stearate written and signed authorization for the application from the fee owner. Such application shall be accompailied by the following information. The applicant shall submit a minimum of 4 large scale copies and 10 reduced scale 1 I" X 17" copies of all graphics. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified requirements. The applicant will be responsible for all ex enses incurred in obtaining the required information. a. General Information i. The landowner's name and address and his/her interest in the subject property. ii. The applicant's name and address if different from the landowner. Iii. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted mcluding but not limited to attomey, land planner, en neer and surveyor. b. Present Status i. The address and legal description of the property. ii. Gross site acreage. iii. The existing zoning classification and present use of the subject property and all lands within 350 feet of the subject ro ert . iv. A map depicting the existing development of the subject property and all land within 350 feet of the subject property and showing the location of existing streets property lines easements water mains and storm and sanitqU sewers with invert elevations on and within 100 feet of the subject property. V. Site conditions. Where deemed necessaKy by the cit a hic reproductions of the existing site conditions at a scale of 1 inch equals 100 feet shall be submitted and contain the following: a. Contours; minimum 5 foot intervals; b.Location, type and extent of tree cover; c. Slope analysis; and d.Location and extent of water bodies wetlands streams and flood plains within 300 feet of the subject property. vi. A written narrative describing the proposed PUD explaining the applicant's proposed objectives for the PUD a listing of the proposed 10 modifications from current zoning as may be applicable, an explanation of how the ro osal achieves the objectives identified in § 154.751 and the proposals relationship to the City Comprehensive Plan. vii. Statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area which shall include at least the following: a. Calculation of the proposed density; b.Area devoted to residential use by building type-, c. Area devoted to common open sace- d.Area devoted to public open sace and public amenities; e. Approximate area devoted to, and number of, off-street Viking and loading spaces and related access, f. Approximate area, and floor area, devoted to commercial uses; and g. -Approximate area and floor area devoted to industrial or office use. viii. Schematic drawing of the proposed development concept including but not limited to the general location of manor circulation elements, public and common open sace residential and other land uses. ix. Proposed design features related to proposed streets, showing right-of- way ihway widths, typical cross-sections, and areas other than streets including but not limited to pedestrian was utilily easements and storm water facilities. X. A statement of intent to establish a Common Interest Communi association with b Laws and deed restrictions to include but not be limited to, the following: a. Ownership,management and maintenance of defined public or common elements, b.Maintenance of public and private utilities, and c. General architectural guidelines for opal and accessory structures. xi. Proposed PUD phasing if it is to be constructed in stages during a period of time extending beyond a single construction season, a preliminga schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage and overall chronology_ of development to be followed from stage to stage xii. Any additional information if deemed necessary and required by the Planning Director. The Planning Director may waive for good cause certain information requirements not pertinent to the particular request. 11 3. Review o 'PUD Sketch Plan Proposal a. Planning Commission Upon receiving a PUD Sketch Plan proposal, the City shall schedule a date upon which the Plalu-dng Commission will review the proposal. ii. The Planning Director shall review the PUD Sketch Plan proposal and prepare a report which identifies the proposed modifications from current zonin any be applicable, analyzes how the proposal achieves the objectives identified in ' 154.751 discusses the proposal' relationship to the City Comprehensive Plan and provides any other relevant information deemed necessM to judge the proposal against the objectives listed in ti 154.751. di. The Planning Commission shall review the application, and u on completing their review, shall adopt findings and recommendations on the proposed PUD as soon as practical. iv. The Planning Director may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review. b, City Council The City Council may listen to comments from the public on the proposed development if they deem such necessary prior to discussing the proposed PUD Sketch plan. After consideration of the Planaing Director's reconunendation, the Planning Commission recommendation, and any public comments received, the City Council may comment on the merit of the request, needed changes, and suggested conditions that the propose should adhere to with any future application. iii. For each of the identified modifications to the underl3dng zonin standards the City Council shall take a vote (by simple majority) to instruct the applicant as to whether the modification can be pursued as a component of the PUD Preliminai Plan review. 4. E ect of a PUD Sketch Plan Review a. The City Council and Plaming Commission's comments during the PUD Sketch Plan review are explicitly not an a royal or denial of the project, and are intended only to provide infonnation for the applicant to consider prior to qp,plication for a PUD Preliminary Plan. b. Proposed modifications that receive a majority vote of support from Council 12 may be requested as part of the future PUD Preliminary Plan application, but support to pursue the modification as part of the PUD Sketch Plan in no wavy guarantees that the modification will be approved as part of the PUD Preliminga Plan. S Limitation of Approval. The City Council's review of a 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. C. PUD Preliminary Plan I. Prerequisite. No application for a PUD Preliminqa Plan will be accepted unless an a licant's proposal is distinctly similar to one reviewed in the cam leted the PUD Sketch Plan review process which is valid upon the date of application. 2. PUD Preliminary Plan Submittal Requirements. Requests for Preliminary PUD Plans shall be filed with the Planning Director on an official application form. The applicant's signatures shall be provided on thea lication form. If the applicant is not the fee owner of the property, the fee owner's signature shall also be provided on the application form or the applicant shall provide separate written and signed authorization far the!qpplication from the fee owner. Such application shall be accompanied by the following information. The applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (11 " X 17") copies of all graphics. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified requirements. The applicant will be responsible for all expenses incurred in obtaining the required infonnation. a. Pretiminpjy plat and preliminary major subdivision infomiation required b 153.09. b. General Information i. The landowner's name and address and his interest in the subject property. ii. The applicant's name and address if different from the landowner. iii. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including but not limited to attorney, land planner, engineer and surveyor. iv. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property rgport, and such other evidence as the City Attorney may require to show the status of title or control of the subject property. 13 c. Present Status i. The address and legal description of the property. ii. The existing zoning classification and present use of the subject property and all lands within 350 feet of the property. iii. A map depicting the existing development of the property and all land within 350 feet thereof and indicating the location of existing streets property lines easements water mains and storm and sanitary sewers with invert elevations on and within one hundred feet of the property. iv. A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the city's Comprehensive Plan and how the proposed PUD is to be designed arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the ci1y. V. A statement of the imposed fmancin o�PUD. vi. Site conditions. Graphic reproductions of the existing site conditions at a scale of one 1 inch equals 100 feet. All of the frauhics should be at the same scale as the final plan to allow easy cross-reference. The use of overlays is recommended for ease of analysis a. Contours-, minimum two 2 foot intervals. b. Location, type and extent of tree cover. a. Slope analysis. d. Location and extent of water bodies, wetlands and streams and flood plains within 300 feet of the property. e. Significant rock outcroppings. f. Existing drainage patterns g. Vistas and significant views. h. Soil conditions as they affect development. vii. Schematic drawinm of the proposed development concept, includin but not limited to the general location of major circulation elements, public and common open sace residential and other land uses. viii. A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area which shall include at least the following: a. Area devoted to residential use by building types b. Area devoted to common open space; 14 c. Area devoted to public open sace and public amenities; d. Approximate area devoted to streets; e. Approximate area devoted to, and number of, off-street parking and loading spaces and related access; f. Approximate area, and floor area, devoted to commercial uses; and g. Approximate area and floor area devoted to industrial or office use. ix. When the proposed PUD includes increases in density of residential development above the base zoning district, a statement describing the site amenities to be included within the PUD which demonstrates that the proposed site amenities clearly achieve the desired density bonus. The burden is on the applicant to demonstrate that all site amenity standards have been met in order to be awarded increased density for residential development. X. If the PUD is to be constructed in stages during a period of time extending beyond a single construction season, the applicant shall provide a schedule for the development of such stages or units shall be submitted stating the approximate beteg and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such state and overall chronology of development to be followed from stage to stage. xi. When the proposed PUD includes provisions for public or common open space or service facilities, provide a statement describing the rovision that is to be made for the care and maintenance of such open sace or service facilities. xii. Any restrictive covenants that are to be recorded with respect to property included in the proposed PUD. xiii. Schematic utilities plans indicating placement of water, sanitary and storm sewers. xiv. Applicable plans must meet requirements of the City's En ini�g Design and Constniction Manual. xv. The City may require the submission of any additional information or documentation which it may find necessary ora ro nate to full consideration of the proposed PUD.. xvi. Any additional information if deemed necessaKy and required by the Planning Director. The Plaiming Director may waive for good cause certain information requirements not pertinent to the particular request. 15 3. PUD Pretiminaly Plan Review a. As part of the review process for a PUD Prelimij-iga Plan the Planning Director shall review the PUDs and shall prepare a report and make a reconunendation regarding the proposed Preliminary PUD Plan for Planning Commission and City Council consideration. b. The Planning Director shall prepare a draft ordinance to establish the potential PUD overlay zoning district to be established as a component of the PUD Final Plan. c. The Planning Commission shall hold a public hearing and report its findings and make recommendations to the City Council on the merit, needed changes, and suggested conditions to impose on the PUD. d. As a condition of PUD Preliminary Plan approval; finalization, adoption, and publication of an overlay district ordinance shall need to occur prior to the filing of any future final plat. 4. Effect of a PUD Preliminary Plan Review. Preliminary Plan approval governs the preparation of the PUD Final Plan which must be submitted for final approval in accordance with the requirements of this Article. 5. Limitation ofApproval. The City Council's approval of a PUD Preliminary Plan shall remain valid for a period of 180 days, unless a request for time extension is submitted in writingand nd approved by the City Council. D. PTD Final Plan 1. ADDlication Deadline.Avolication for a PUD Final Plan shall be submitted for approval within 180 days of City Council approval of the PUD Preliminary Plan unless a written request for a time extension is submitted by the applicant and approved by the City Council. 2. PUD Filial Plan Submittal Requirements. a. A final plat and information required by § 153.10; b. Final plans drawn to a scale of not less than 1 inch equals 100 feet (or a scale requested by the Zoning Administrator) containing at least the following information: Proposed naive of the development which shall not duplicate nor be similar in pronunciation to the name of any plat heretofore reeorded in the county where the subject property is situated); ii. Property boundary lines and dimensions of the property and an significant topographical or physical features of the property iii. The location size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area 16 of proposed buildings, including manufactured homes, and existing buildings which will remain if an iv. Location dimensions of all driveways, entrances curb cuts arkin stalls loading spaces and access aisles and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements; V. Location, designation and total area of all conunon open space; Vi. Location designation and total area proposed to be conveyed or dedicated forpublic open space, including parks, playgrounds school sites and recreational facilities; vii. The location of applicable site amenities if an viii. Proposed lots and blocks, if any and numbering system,• ix. The location, use and size of structures and other land uses on adjacent proper -ties-, X. Detailed sketches and provisions of proposed landscapip& xi. General grading and drainage plans for the develo ed PUD-, and xii. Any other information that may have been required by the Planning Commission or Council in conjunction with the approval of the Preliminary Plan; xiii. Detailed list of differences from the PUD Preliminary Plan (if applicable). c. An accurate legal description of the entire area within the PUD for which final dcvclopment plan approval is sought; d. A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights of way, utility lines and facilities, lots, block, public and corn uon open space, general landscaping, plan, structure, including mobile homes, and uses; c. Applicable plans must meet requirements of the City's En ' eering Design and Construction Manual. 3. PUD Final Plan Revien, a. The Planning Director shall generate an analysis of the final documents against the conditions of the PUD Preliminary Plan approval, and make a recommendation as to whether all conditions have been met or if additional changes are needed. b. The Planning Director shall identify any infonnation submittals that were waived so Council may determine if such is needed prior to snaking a final decision. c. The Planning Director shall finalize the ordinance to establish the proposed 17 overlay district for consideration by the Planning Commission and Cily Council. d. The Planning CorMussion shall hold a public hearing on the proposed PUD overlay district ordinance and Final PUD Plans and shall subinit a recornmendation to the City Council for consideration. Because a PUD Prelimin Plan was previously approved, the Planning Commission's recommendation shall only focus on whether the Ordinance and PUD Final Plan are in substantial compliance with the PUD Preliminary Plan and the required conditions of approval. e. The City Council shall then consider the recommendations of the Plannin Director, the public and the Planning Commission, and make a decision of approval or denial in whole or in part, on the PUD Final Plan. A denial shall only be based on findings that a PUD Final Plan is not in substantial compliance with the approved PUD Prelimina Plan and/or the required conditions of approval. f. As a condition of PUD Final Plan approval, publication of the PUD ordinance shall be required prior to filing of the approved final plat. g. Planned Unit Development Agreement. i. At its sole discretion the City may, as a condition of approval, require the owner and developer of the proposed PUD to execute a dcvelopment agreement which may include but not be limited to all requirements of the PUD Final Plan. ii. lbe 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 aeement be stated in the letter of credit. The letter of credit shall be in an amount sufficient to ensure the provision or development of irnprovennent called for by the development aeement. h. As directed by the City,documents related to the PUD shall be recorded against the property. 4. Time Limit a. A Planned Unit Development shall be validated by the applicant through the conunencement of construction or establislunent of the authorized use(s), subject to the permit requirements of this Code, in support of the Planned Unit Development within one l year of the date of PUD Final Plan approval. Failure to meet this deadline shall render the open space PUD Final Plan approval void. Notwithstanding this time limitation the Cit Council mqy approve extensions for validation of u to one 1 year if 18 requested in writing bt�pplicant, extension requests shall be submitted to the Planning Director and shall identify the reason(s) why the extension is necessary along with an anticipated timeline for validation of the Planned Unit Development. b. 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 PUD be sig using at PUD Prelimuiai Plan. MI-19?JRU! ■ _ him 1! _Al PM u r \ _ 4 _ _ _ MAMMA r 1\ H,_ • • _ \ r Fill 1• r 19 20 IS ........... ■- - ' - ' - - - . ■ • "W, i MKILELML= - wo _ ■ ■ - ♦ ♦ _- - _ r - ■ - - r - r - I'l MIN ALAIN mrs'l PMAN 20 A -wo-W mm"... NO! rA1111, rr PM -m NMI UP rr n 21 - - DIN.. •� a _ a • �■ -ON Mali* f■ - - - - DIN.. •� a _ • �■ 22- OWN . ~11 ifflefer.T.lufff- a 23 • i I 1 141 1 a a- WF Ir -WIN ~10" n s. ' • - r r IN OWN . ~11 ifflefer.T.lufff- a 23 24 ■. a �■ .. .... ". .0. . - -- . s i ■ - ■ mlmmlu - PRIPSIT KrI •a W. 0 MI. MEN I a - - i a ` 24 a -XIMM''Ill Ill • § 154.757 PUD AMENDMENTS Approved PUDs may be amended from time to time as a result of unforeseen circumstances overlooked opportunities, or requests from a developer or neighborhood. At such a time, the applicant shall make an application to the city for a PUD amendment. A. Amendments to Existing Planned Unit Development. Shall be processed as one of the following: 1. Administrative Amendment. The Planning Director may annrove minor chances if such changes are required by en "sneering or other circumstances, provided the changes conform to the approved PUD overlay district intent and are consistent with all requirements of the PUD ordinance. Under no circumstances shall an administrative amendment allow additional lots or changes to designated uses established as part of the PUD. An Administrative Amendment shall be memorialized via letter signed by the Planning Director and recorded against the PUD ro e 2. Ordinance Amendment. A PUD change requiring a text update to the adopted PUD overlay district lan ug_age shall be administered in accordance with adopted regulations for zoning code changes§ 154.105. Ordinance amendments shall be limited to changes that are deemed by the City to be consistent with the intent of the original PUD approval, but are teeluucally necessary due to construction of the adopted PUD district language. 3. PUD Ameiidrnent. Any change not qualifying for an administrative amendment or an ordinance amendment shall require a PUD amendment. An application to amend a PUD shall be administered in the same mamier as that required for a new PUD beginning at PUD Preliminary Plan. IFAi . J MIN 2-S :!lEif. -, - i� WIN 0 ` a .. i -0-MINE. i i § 154.758 PUD CANCELLATION A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the PUD district. 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; has become void; or other applicable findings in accordance with law. 154.759 ADMINISTRATION In general, the following rules shall apply to all PUDs: A. Rules and regulations. No requirement outlined in the PUD review process shall restrict the City Council from taking action on an application if necessary to meet state mandated time deadlines; B. Precon,struction. No building pennit shall be granted for any building on land for which a PUD plan is in the process of review, unless the proposed building is allowed under the existing zoning and will not impact influence, or interfere with the proposed PUD plan. C. Eifecl on Conveved Property. In the event that any real i)roperty in an approved PUD is conveved in total, or in -Dart, the new owners thereof shall be bound by the provisions of the PUD zoning district. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. 3t SECTION 3. Adoption Date. This Ordinance 08-221 was adopted on this day of 2018, by a vote of Ayes and Nays. LADE ELMO CITY COUNCIL Mire Pearson, Mayor ATTEST: Julie Jolmson, City Clerk This Ordinance 08- was published on the day of , 2018. 27