05-21-01 Joint PC-CC
AGENDA
JOINT GOLDEN VALLEY PLANNING COMMISSION/CITY COUNCIL MEETING
Golden Valley City Hall, 7800 Golden Valley Road
Council Conference Room
Monday, May 21,2001
7:00 P.M.
I. Discussion of Golden Valley Planned Unit Development (P .U.D.) Ordinance - Section 11.55 of
the City Code.
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Memorandum
Planning
763-593-8095/763-593-8109 (fax)
To:
Golden Valley Planning Commission, Mayor and City Council
From:
Dan Olson, City Planner
Subject:
Discussion of Golden Valley Planned Unit Development (P.U.D.) Ordinance-
Section 11.55 of the City Code
Date:
May 16, 2001
At the December 11, 2000 and January 8, 2001 Joint City Council/Planning Commission
meetings, the Council and Commission discussed Golden Valley's Planned Unit
Development (P.U.D.) Ordinance and whether changes should be made to it. After this
discussion, it was agreed that further discussions would take place with the City Attorney,
Allen Barnard, present to discuss the history of our current ordinance and whether changes
should be made. The information attached is presented to stimulate this discussion.
Attachments:
· Minutes from the Joint City Council/ Planning Commission meetings on
December 11,2000 and January 8,2001
· Handout given to P.U. D. Applicants dated February, 2001
· P.U.D. Ordinances from Golden Valley, St. Louis Park, Eden Prairie,
Maplewood, and Brooklyn Center
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Joint Meeting
of the City Council and Planning Commission
A joint meeting of the City Council and Planning Commission was held at the
Golden Valley City Hall, Council Conference Room, 7800 Golden Valley Road,
Golden Valley, Minnesota, on Monday, December 11, 2000. The meeting was
called to order by Mayor Mary Anderson at 5:30 PM.
Those present were Mayor Anderson, Council Members LeSuer, Micks, Bakken,
and Commissioners Eck, Pentel, McAleese, Groger, Rasmussen, Hoffman and
Shaffer. Council Member Johnson was absent. Also present were Mark Grimes,
Director of Planning and Development, Dan Olson, City Planner and recording
secretary Lisa Wittman.
I. Introduction: Why are we here?
Mayor Anderson called this meeting to discuss the Housing Element of the
Comprehensive Plan. The following items are the questions posed to the City
Council and the Planning Commission and the brainstorming ideas that were
discussed.
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Encourage a sufficient variety of housing types and designs to allow all
people a housing choice.
· Balanced housing all income levels
· Life-cycle housing - variety of types and costs
· Livable Community Goals
. How do we encourage?
. How does the market respond?
· What incentives can the City provide?
. What does encourage involve?
· What does "all people" mean - local and/or metro?
· What would we not accept?
The City shall continue to offer the flexibility of the Planned Unit
Development option to housing developers who demonstrate an ability to
successfully apply contemporary land planning principles and coordinated
community design philosophies.
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. How does the proposed development "fit in"?
. Pedestrian friendly
· Effects character of neighborhood and City of Golden Valley
· How do developers vision fit in with our vision?
· Livable Communities Impact Statement
. How are contemporary land planning principals defined?
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· How do we define the unique sense of place?
· Guidelines/parameters on PUD - what do we have now?
· Quantifiable goal - how many units have been added
· Financial goal of developer vs. City of Golden Valley
· More information on life cycle housing
Research options for amending PUD and/or Multiple Dwelling district
regulations to better promote the goals of quality, variety and affordability.
· Environmental: trees, walkways, neighborhood issues, green space
· What can the PC consider - PC is limited in review. What do other cities do?
· Balance use ofPUD between achieving stated goals and how it fits into
community.
· Blend with surrounding neighborhood
· Update PUD ordinance
· What is the transition? How is it mitigated?
· What do cities do to implement "new" developments?
. How do we accomplish "transitions"?
Identify underused nonresidential sites where the vacant area may be
suitable for higher density residential use.
. . Speak the Word Church
. Church for sale on Harold and Louisiana
. Large lot redevelopment
. Small lot consolidation
· Conversion of businesses to housing
. How do we target these areas?
. Circle Down
. Large lot division
. Inter-generational housing
Specific issues that come up when we respond to developers.
Traffic Generation
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. Perception vs. reality
· Higher densities require better pedestrian systems
. Paths to parks and streets - buses
· Where does the traffic go? Where is it directed? Try to keep off local
streets?
· Go beyond the raw numbers - effect of impacts of traffic
. On street parking
· Traffic engineering "new" philosophies and techniques
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Property Values
· Do we need to worry about declining property value?
· Need evidence - studies - local assessor info.
· Different people bring different property values
· People worry about escalating values
Development is "out of character" with existing neighborhood
· Education of residents
· Identify what our vision is currently
· Identify what is important to the City's character
· Transition between types of housing
· Distinguish between neighborhoods
· More data/demographics about neighborhoods
Inadequate separation or screening for surrounding properties
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· Landscaping moved into preliminary plan requirements of PUD so Planning
Commission reviews
· More information into preliminary design phase so Planning Commission
reviews
Maintenance and safety of overall development
· Alternative to ponds
Adequacy of parking
. Streets too narrow or too wide
· Is street width an overblown issue?
· Guidance for absolute minimum width
· Public vs. private streets (from City Engineer)
The meeting was adjourned at 6:45.
There will be another meeting to discuss the Housing Element of the
Comprehensive Plan on January 8, 2001 at 5:30 p.m.
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Minutes
Joint Meeting
of the
City Council
and
Planning Commission
Golden Valley City Hall
7800 Golden Valley Road
Council Conference Room
January 8, 2001
5:30 p.m.
A joint meeting of the City Council and Planning Commission was held at the Golden Valley City Hall,
Council Conference Room, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday,
January 8, 2001. The meeting was called to order by Mayor Mary Anderson at 5:40 PM.
Those present were Mayor Anderson, Council Members LeSuer, Micks, Bakken, Johnson and
Commissioners Eck, Pentel, McAleese, Groger, Rasmussen, Hoffman and Shaffer. Also present
were Mark Grimes, Director of Planning and Development, Dan Olson, City Planner and recording
secretary Lisa Wittman.
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1.
Review of Last Meeting
Mayor Anderson reviewed the memo from Mark Grimes dated December 29,2000, regarding
issues related to in fill housing developments and the housing plan.
2.
General Comments
Mayor Anderson stated she wants to develop some guidelines to help staff as they respond to
developers. She sees the way general policies are being interpreted as potentially becoming a
difficult situation. Mayor Anderson added that as she reviewed the "brainstorming" notes from the
last joint session, she sees two themes coming though: change and impact on neighborhood.
Mayor Anderson continued by stating change is inevitable and that times change and housing
demands change and that it is the responsibility of the City Council and the Planning Commission
to try to recognize what the forces of change are, and with that in mind, try to establish some
goals that would help guide the change in a way that would have a positive impact on the total
community. She stated she thinks we need to listen carefully to what the citizens are saying, and
to understand what their perspective is, and what their source of information is. It doesn't mean
that any input from citizens is not valid, but as leaders of the community, we have to be aware of
this perspective and take it into account and be sure to look at the broader picture. She
continued by stating she thinks we all recognize that each of us are going to have different
conclusions as we listen and read the materials and as we think about what we think is best for
the community, so the real challenge facing us is to have an open, candid discussion and come to
some consensus as to giving staff direction on some of these criteria. She then stated she thinks
the specific issues regarding the impact on the neighborhood were traffic, property values, density
increases and noise. The Mayor talked about several neighborhoods in the City where there is
higher density housing near single family homes. She mentioned she looked specifically at the
Circle Down Mayfair Manor where there are 24 units that are established and the access is on a
single-family residential street. She also mentioned Yosemite Circle where there are 79 units that
have access through a single-family neighborhood to a collector street. Mayor Anderson stated
Minutes of the Joint Council and Planning Commission Meeting
January 8, 2001
Page 2
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she used these examples to illustrate that in our community there is dense development fairly
close to single family development.
Mayor Anderson mentioned another concern was the impact on property value. She feels that
this is something we should be able to get documentation on from the Assessor roles. She went
on to state her main thought at tonight's meeting is to develop some kind of criteria on where intill
development would be acceptable.
LeSuer stated he would like to hear staff talk about what criteria they use now to either accept or
reject proposals when they are approached by developers.
Grimes stated when someone makes an application for a Planned Unit Development they first
meet with someone from the Planning, Engineering and Inspection departments. Staff then has
10 days to review the application for completeness. If there are problems, Staff meets with
developers and asks them to withdraw the application and make changes or provide additional
information. But if the application meets the ordinance regulations Staff can't reject it. Then the
application is sent to the Planning Commission.
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Grimes stated that the problem in working with P.U.D.'s is the flexibility, but the zoning district
regulations are the basis for each P.U.D.
Mayor Anderson stated she just wants to come to a consensus on some general criteria that
would be helpful to Staff.
Eck stated that many of these proposals are subjective and the Planning Commission is not
opposed to infill development in general, and are not going to reject outright any kind of density in
an area where there are single family homes. There are usually other issues present.
Pentel suggested a point or graph system when reviewing applications for P.U.D.'s and stated the
following criteria could be on this list: Front setbacks, side setbacks, rear setbacks, lot sizes,
street width, ponding, buffering, pedestrian access, public space, passive recreation space, life-
cycle housing, afford ab i1ity , parking requirements. Pentel also mentioned that developers need to
be clear about what greater good is being met, when variances are given from the zoning district
criteria.
Rasmussen stated she was unclear on how to do things differently and be flexible, but not to set a
precedent by doing so. The Planning Commission sees proposals in the raw state and doesn't
get to see any pictures of what the building will look like. Rasmussen added it would be helpful
to see an overview of the general area and how the new development would look.
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Bakken stated that he liked the idea of a list of criteria for P.U.D. applications, but doesn't agree
with the point system because then developers might feel if they reach a certain number of points
that they would be entitled to the P.U.D.
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Minutes of the Joint Council and Planning Commission Meeting
January 8, 2001
Page 3
Micks stated she doesn't see that creating this list of criteria is a crisis. The Planning Commission
has been careful about looking at things but we need to get the neighborhoods involved and do
some visioning.
Mayor Anderson agreed creating these criteria is not a crisis, but thought it was a good
opportunity to get together and talk about these issues.
Shaffer stated that a list of criteria is already being done in regards to the technical aspects for a
P.U.D. and it would be good to force a developer to address the issues that Pentel suggested
earlier. Shaffer added he thought a mixture is good and every house shouldn't look the same but
it should work within the community and if it doesn't the developer should be able to say why it
doesn't.
Mayor Anderson asked if Staff could react to the list of criteria and if Staff has criteria to suggest.
Groger stated each P.U.D.'s equity/fairness issue has to be weighed equally.
Pentel stated that what's currently considered to be the style of housing is very different than what
we have as the majority of the housing stock now.
Bakken asked how the City is going to transition from the styles from the 1950's and 60's to the
future and get it to fit right. He also stated that part of the change is going to be how to sell and
market these smaller houses.
Olson stated it's not necessarily a bad thing for Staff and the Planning Commission to disagree.
When Staff gets an application they have to look at whether it meets the bare minimum standards
of the P.U.D. ordinance and Staff is limited as to what they can say. Olson also suggested the
following list of subjective things that the Planning Commission can base their judgement on:
Does it fit in with the neighborhood architecturally, what is the City gaining in return, buffering
needed, density, traffic, ponding and draining, pedestrian connections, open space.
Grimes stated a lot of developments, such as Vallee D'or and South Wirth, started off as very
controversial and now they are accepted as a development and mm?t of the change has been
good. Grimes suggested requiring developers to have neighborhood meetings and computer-
generated pictures. He also suggested looking at lot coverage percentage. Right now the City
does not have any ordinances covering lot coverage. Also, accessory apartments are something
that needs to be looked at as far as in-fill development and life-cycle housing.
Bakken stated he liked the idea of having a list and having the developer think it through and to
know they are going to have to answer questions at citizen meetings so they can explain what
they are thinking, then the Planning Commission can listen to that and see how the citizens are
reacting.
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Minutes of the Joint Council and Planning Commission Meeting
January 8, 2001
Page 4
Johnson stated examples of some houses she didn't think would fit in originally, nowfit in and
thinks the Planning Commission will soon see people wanting to split large lots.
3. Develop Policies/Guidelines to Help Staff as they Meet with Developer
Mayor Anderson asked if it would be agreeable to use Pentel's list stated previously as a starting
point and to have her go through the issues she thought should be raised to developer's.
Pentellisted the following issues that the developers would need to specifically state this is what
they're asking for and why: front setback, side setback, rear setback, lot size, street width,
parking, ponding, buffering, pedestrian access, public space, traffic access, meeting life cycle and
affordable housing, snow storage, garbage and yard care.
Grimes stated there is also a need to address the issue of buffering around ponding and lot
coverage.
Eck stated part of the problem in reviewing infill developments is dealing with an educational
process on the part of our citizens and this is something the City can do something about. The
majority of citizens automatically have a built in bias against any kind of higher density housing,
so when there is interest in bringing in some type of in-fill housing, automatically the
neighborhood is going to be against it. Eck also stated the City needs to educate citizens with
newsletters, mailings or publications explaining to the citizens that some higher density housing
needs to be part of our city if we are going to meet our goals and provide housing for everyone
and some of it is going to be in or near single family neighborhoods.
Pentel stated education is a good idea and we need to assure the public that we are going to
review the criteria so the citizens would know what the City is going to be taking into consideration
when they look at these redevelopment projects.
Micks stated not all change is good and the City has to work around that. Micks add that traffic is
a big issue all around the country and the City needs to realize it's a valid concern and figure out
ways around it.
Grimes mentioned one thing he would find educational would be to see how the economics of
housing has changed over the last 10-15 years. Grimes mentioned talking to town home
developers in the past about how they could never pay more than $5,000/unit for land costs. Now
they are paying $70,000 to $100,000 for land costs.
Johnson asked if on this list of criteria the City should ask the developer what's the trade-off, what
does the city get.
Micks stated it would help to have a sense of the benchmark when looking at the housing goals
and that every in-fill project doesn't necessarily have to be high density.
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Minutes of the Joint Council and Planning Commission Meeting
January 8, 2001
Page 5
Mayor Anderson stated we need a clearer understanding of what we have now as far as density
and where are we as far as benchmarking.
Shaffer stated developers should approach the City and state why they want what they are asking
for. It's the developer's responsibility to tell us what the advantage is to the City.
Grimes mentioned he liked the idea of putting the ownership back on the developer and they
should be able to tell us why they want what they are asking for. Grimes added he liked the idea
of neighborhood meetings and computer generated pictures and this list of criteria could be used
as a handout or a policy.
Micks asked for an updated housing policy.
Grimes stated the housing policy comes from the Metropolitan Council.
Olson questioned if this list should be in the P.U.D Ordinance or if it's something more informal
just to be used as a checklist for Staff use.
Mayor Anderson answered saying she'd reserve that judgement until they have a meeting with
the Planning Commission, City Attorney and Council on the P.U.D Ordinance so we'll know better
what it's purpose will be.
4.
Adjournment
The meeting was adjourned at 7:10 PM.
www.ci.~~n_vl1~ Y
February, 2001
In recent joint meetings, the Golden Valley City Council and Planning
Commission discussed what items applicants for Planned Unit
Developments (PUDs) should be ready to discuss in presenting their
application for consideration and approval by the Council and Planning
Commission. Providing this information will help the developer to
explain why they want the development to look the way it does. Below
are those items of concern:
· Has a neighborhood meeting been held ?
· Describe landscaping
. Describe buffering
· Describe snow storage
· Describe garbage removal
· Describe street maintenance
· Describe yard maintenance
· Setbacks - what are they and why?
· Street width - is it adequate for emergency vehicles and parking for the
homes?
· Ponds - how are ponds buffered?
· Describe pedestrian access, if applicable
· Describe public space, if applicable
· How is the site accessed by traffic?
· Is this life-cycle or affordable housing?
· What is the lot coverage of hard surfaces ?
· What is the density per acre?
· What are traffic counts ?
· Architectural elements for the homes, including computer
generated photos if possible, should be supplied
If you have any questions, contact the Planning Department at 763/593-8095.
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~ 11.55
SECTION 11.55. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Purpose and Intent. The purpose of this Section is to
encourage, preserve and improve the health, safety and general welfare of the people of
the City by encouraging the use of contemporary land planning principles and coordinated
community design. Planned Unit Developments (PUD's) are created hereby in recognition
of the economic and cultural advantages of planned community-type developments of
sufficient size to provide related areas for various housing types, retail and service activi-
ties, industrial operations, recreation, school, public facilities, and other uses of land. The
PUD procedure is designed to be used where designation of a single use zoning district
or application of standard zoning provisions to a development are too rigid for practical
application. It is the intent of this Section to provide an optional method of land use
regulations which permit design flexibility by substantial variances from the provisions of
this Chapter, including uses, setbacks, height, parking requirements, and similar
regulations.
Subdivision 2. Definition of Planned Unit Developments.
A. Planned Unit Developments are defined for purposes of this
Section to include only the following:
parcel of land.
1. Developments having two or more principal uses on a single
single parcel of land.
2. Developments having two or more principal structures on a
3. Apartment projects involving a multi-use structure, such as
an apartment building with retail at ground floor level.
4. Townhouses which for purposes of this Section are defined
as single family, attached dwelling units on separate parcels of land which are constructed
contiguous to one another and separated by a bearing wall or walls. Such dwelling units
shall be contained within one structure and shall be of the row house type in contrast to
multiple dwelling apartment structures. They shall also have separate entrances to front
and rear yards.
. 5. Developments having two or more principal use structures
located on two or more lots either in single or multiple ownership, provided the combined
area totals one or more acres and the plan submitted includes the entire area to which the
planned unit will apply.
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GOLDEN VALLEY CC
312
(6-15-98)
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9 11.55
6. Parcels within redevelopment areas which have been
established pursuant to Minnesota Statutes, Sections 462.411 - 462.716, and all acts
amendatory thereof.
B. A development may qualify as a Planned Unit Development only
upon application in accord with the procedures contained herein and an appropriate
determination by the Council.
Subdivision 3. Applicability of This Chapter. Planned Unit Developments
may be excluded from.certain other requirements of this Chapter providing that the
conditions contained herein are complied with. The granting of a PUD permit does not
alter the existing zoning district classification of a parcel in any manner; however, once a
PUD use permit has been granted for a parcel, building permits shall not be issued for
that parcel which are not in conformance with the Building Code, with all other applicable
City Code provisions and with the approved PUD use permit unless the permit has been
amended, canceled or modified.
Subdivision 4. Interpretation of Section. Whenever a question arises
concerning the interpretation of any portion of this Section, the Planning Commission shall
ascertain all facts concerning the question and forward all data and a recommendation to
the Council for determination.
Subdivision 5. Standards and Criteria for PUD Permits.
A. General Standards. When considering an application for a PUD
permit, the Council shall consider the advice and recommendations of the staff of the
various City Departments, and of the Planning Commission, and the effect of the
proposed use upon the health, safety, morals, and general welfare of the occupants of
surrounding lands and existing and anticipated traffic conditions, including parking
facilities on adjacent streets and land. If it shall determine that the proposed use will not
be detrimental to the health, safety, morals or general welfare of the community, and that
said use is in harmony with the general purpose and intent of this Section, the Council
may grant such permits. In making such determinations, the various City Departments, the
Planning Commission, and the Council shall take cognizance that many areas of the City
are located so that they may be utilized as transitional areas between single family
residences and incompatibly more intense areas. If a proposed Planned Unit
Development meets the definition contained herein, a PUD permit may be used either (1)
to permit some variety of uses within transitional areas which will blend well with
surrounding uses; (2) to provide a means of flexibility in design and construction in
transitional area; (3) to provide maximum public control over the eventual development of
transitional areas; or (4) to achieve a combination of the foregoing objectives.
GOLDEN VALLEY CC
313
(6-15-98)
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B. Residential and Institutional Area Standards. The purpose of this
Subparagraph is to establish standards and guidelines for the granting of a PUD permit to
erect a multi-building apartment or institutional use project in relation to an overall design
and an integrated physical plan, in accordance with the provisions and procedures
provided for in this Section. The owner or owners of any tract of land may submit a plan
for the development and use of such tract by making an application for a PUD permit
authorizing completion of the development in accordance with the following standards:
1. The tract of land for which such a development is proposed
and a permit requested shall not have less than one hundred (100) feet of frontage on a
public street as measured at building setback line.
2. The proposed development shall be served by the public
water and sewer system, and fire hydrants shall be installed according to a plan,
approved by the City staff, as to type and location.
3. No principal building shall be nearer than its height to the
rear or side property line when such line abuts on a single family use.
4. Private roadways within the project shall be constructed
according to a plan and approved by the City Engineer as to type and location.
5. No building shall be located less than 15 feet from the back
of the curb line along those roadways which are a part of the internal road system.
6. Provisions for solid waste storage and disposal shall be
provided according to a plan approved by the City staff, the Planning Commission and the
Council.
7. Landscaping shall be provided according to a plan approved
by the Council in accord with the City Landscape Standards. In addition, it shall include a
detailed planting list with sizes indicated.
8. In the event certain land areas or structures are provided
within the planned unit development for private recreational use or as service facilities,
the owner of such land and buildings shall enter into an agreement with the City to assure
the continued operation and maintenance to a pre-determined reasonable standard.
These common areas may be placed under the ownership of one of the following as
determined by the Council, depending on which is more appropriate:
(a) Dedicated to public where a community-wide use
would be anticipated.
(b) Landlord control.
GOLDEN VALLEY CC
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(6-15-98)
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conditions are met:
(c) Landowners Association, provided all of the following
(1) The Landowners Association must be
established prior to any sale.
owner, and any successive buyer.
(2) Membership must be mandatory for each
(3) The open space restrictions must be
permanent, not for a given period of years.
(4) The Association must be responsible for
liability insurance, local taxes, and the maintenance of residential and other facilities.
(5) Landowners must pay their pro rata share of
the cost and the assessment levied by the Association that can become a lien on the
property.
assessment to meet changed needs.
(6) The Association must be able to adjust the
C. Business or Industrial Area Standards. The purpose of this
Subparagraph is to establish standards and guidelines for the granting of a PUD permit
for a business or industrial facility in relation to an overall design and integrated physical
plan, in accordance with the provisions and procedures as provided in this Section. The
owner or owners of any such tract of land may submit for approval a plan for the
development and use of such a tract for commercial or industrial or other uses by making
an application for a PUD permit authorizing completion of the development in accordance
with an approved plan. The following standards shall apply:
1. The tract shall have not less than one hundred (100) feet of
frontage on a public street.
2. The development shall be served by the public water and
sewer system and fire hydrants shall be installed according to a plan, approved by the
City staff, as to type and location.
3. The surface drainage system shall be constructed according
to a plan approved by the City Engineer as to type of materials used and location of
facilities.
4. The entire site shall be utilized for the PUD.
GOLDEN VALLEY CC
315
(6-15-98)
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9 11.55
5. The off-street parking spaces shall be painted on the
surfaced area according to a plan which has.received approval of the Council.
6. Provisions shall be designed for off-street loading to service
the business and such space shall have easy access and not be designated for any other
use.
7. Private roadways within the project shall be constructed
according to a plan approved by the City Engineer as to type and location.
8. Landscaping shall be provided according to a plan approved
by the Council in accord with the City landscape standards. In addition it shall include a
detailed planting list with sizes indicated.
Subdivision 6. Application Procedure - Preliminary Design.
A. An applicant for a PUD permit shall complete and submit to the
Planning Department an application in a form prepared by and containing information
needed by the Planning Department. The application shall include, but not be limited to, at
least the following information:
1. Twenty copies of a preliminary design of the proposed
development illustrating the nature and type of proposed development, the location of
buildings and roadways, the location of the parcel's boundaries, the expected density of
the development, the total area occupied by the development and the amenities to be
provided.
2. An abstractor's certificate showing the names and addresses
of all property owners within 500 feet of the property boundaries on which the proposed
improvement is to be constructed.
3. All data required for a preliminary plat by the requirements
of the Subdivision Regulations Chapter of the City Code.
4. A filing fee as prescribed by this Chapter.
5. An applicant may submit any additional information which
may explain the proposed improvement.
B. Each application for a PUD permit must contain all data required
by this Subdivision and, until it does, it will not be eligible for consideration by the
Planning Department, the Planning Commission or any other commission, committee or
body of the City.
GOLDEN VALLEY CC
316
(6-15-98)
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Department shall:
C. Upon submission of a completed application, the Planning
meeting;
1. Refer it to the Planning Commission for a public information
2. Notify property owners by mail within 500 feet of the subject
property, however, failure of any property owner to receive notification shall not invalidate
the proceedings; and,
3. Refer the application to the Departments of Public Works,
Public Safety and Park and Recreation for their written evaluations regarding those
aspects of the proposal which affect the particular department's area of interest.
D. The Planning Commission shall consider the application within 40
days, but not earlier than ten days, from date of submission to the Planning Commission,
for purposes of a report and recommendation to the Council. The Planning Commission's
consideration of the application shall be limited to a determination of whether the
application constitutes an appropriate land use under the general principles and
standards adhered to in the City and, if necessary, its report shall include recommended
changes in the land use planned by the applicant so as to conform the application or
recommend approval subject to certain conditions or modifications. While the matter is
under consideration by the Planning Commission, the applicant may amend any part of
the application. If no action is taken by the Planning Commission within the period of time
allowed for action by such body, and there has been no delay caused or requested by the
applicant, the application shall be forwarded without comment to the Council. Any
applicant may, if such applicant so desires, request a delay in the proceedings, which
shall delay the time period provided by this Section; however, it shall not delay the time
period more than 90 days.
E. The petitioner, or the petitioner's representative, shall appear at
the public information meeting in order to answer questions concerning the proposed
PUD.
F. The report of the Planning Commission shall be forwarded to the
Council for their next regular meeting following the preparation of said report, but not later
than ninety (90) days after the applicant has first submitted such application to the
Planning Commission, as required under Subparagraph C, above.
GOLDEN VALLEY CC
317
(6-15-98)
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G. The Council shall thereafter hold a public hearing, and take action
on the application within sixty (60) days after submission of a report by the Planning
Commission. The public hearing shall be called and notice thereof given in the manner
required by statute and the Zoning Chapter respecting zoning petitions. The action of the
Council may include a request for plan amendments, approval, denial, or referral back to
the Planning Commission.
Stage.
Subdivision 7. Application Procedure - General Plan of Redevelopment
A. Public Hearing. Once the Council has approved an applicant's
Preliminary Design, the applicant shall submit within one hundred eighty (180) days
thereof the complete plans and specifications for the PUD as required hereunder, together
with a filing fee as adopted by resolution of the Council. Thereafter, the Council shall hold
a public hearing on the General Plan of Development and take action thereof within one
hundred twenty (120) days of submission of the complete plans and specifications, after
notice thereof has been given in the manner required by statute and the Zoning Chapter
respecting zoning petitions. The action of the Council may include a request for plan
amendments, approval, denial or referral to the Planning Commission or other City
commissions or committees for further consideration.
8. General Plan Requirements for All Areas. A General Plan of
Development shall be submitted for all proposed PUD's, which shall include, but not be
limited to, the following information:
1. Complete details of the proposed site development,
including location of buildings, driveways, parking places, dimensions of the parking
spaces, dimensions of the lot, lot area and yard dimensions.
2. Complete landscaping plaQs, including species and size of
trees and shrubs proposed. i
3. Complete plans for proposed sidewalks to service parking,
recreation and service areas within the proposed development.
4. Complete plans for proposed storm water and surface water
drainage system.
5. Preliminary architectural plans showing the floor plan and
elevations of the proposed buildings.
6. Information indicating exterior wall finishes proposed for all
principal and accessory buildings.
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7. Complete data as to dwelling unit sizes.
8. Unless waived by the City, all data required on a preliminary
plat and on a final plat, including streets, utility easements, existing or proposed
subdivision of ownership, and such other information, if any, as required by the
Subdivision Regulations Chapter of the City Code (provided, however, that the application
for the PUD may request variances therefrom).
9. Unless waived by the City, a development agreement in a
form approved by the Department of Public Works to install all public improvements
required by the City Code.
C. Requirements for General Development Plan for Large or Complex
Areas. In areas of such complexity that more detailed and complete plans may be
warranted, the Planning Department may require one or more of the following as a part of
the application for the Preliminary Design, in addition to other requirements of this
Section:
1 . A Land Use Component shall consist of a map or maps,
setting forth the distribution, location, and size of each category of land use proposed as
part of the General Plan of Development.
2. A Circulation Component shall consist of a map or maps,
setting forth the general location and extent of all transportation facilities proposed as part
of the General Plan of Development. Such facilities shall include all provisions for the
circulation of traffic within the planned area related to the Land Use Component. The
Planning Department may require a circulation plan prepared and signed by a registered
engineer.
3. A Population Component shall contain a descriptive
statement of the estimated population density and building intensity for various proposed
land uses, including estimates of future population characteristics and change within the
planned community correlated with other Components of the General Plan of
Development. The supporting data shall include, but not be limited to, dwelling (housing)
units per acre for the various residential uses proposed; and square footage by type for
the various non-residential facilities including sufficient data to calculate traffic generation,
parking requirements, water consumption, sewage needs and the necessary capacity of
related utilities and services traditionally rendered by public or private organizations for a
population of such size as is projected for the completed planned development.
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4. A Services and Facilities Component shall contain a map or
maps setting forth the general location and extent of any and all existing and proposed
systems for sewage, domestic water supply and distribution, refuse disposal, drainage,
local utilities and rights-of-way, easements, facilities and appurtenances necessary
therefor. Said Component shall also contain a detailed statement describing the proposed
ownership, method of operation, and maintenance of each such service and facility.
5. A Construction Order Component shall contain a map or
maps setting forth the proposed chronological order of construction relating each
proposed use and structure to the construction of the various services and facilities as
may be required herein. Said Component shall include estimated completion dates and
shall specify the proposed order of request for utility release or other authority to occupy
completed structures so as to provide a basis for determining the adequacy of the related
services and facilities for each separate construction phase.
6. Additional Components may be required such as: A
Recreation Component; a Public Building Component, providing for consideration for
administrative and public safety quarters; and such other components indicated by the
nature of the particular proposed development.
7. Maps and Reports shall be included such as: supporting
maps drawn to scale, diagrams, charts, descriptions, reports and explanation of methods
utilized in its formulation.
Subdivision 8. Nature of Public He~ring. At the public hearing provided for
by this Section, the Council shall consider the staff and Planning Commission reports as
have been filed with it concerning the application, shall hear from the proponents of the
application, and shall open the discussion to questions or comments from persons notified
of the hearing or claiming to have an interest therein. At the conclusion of the hearing,
which may be continued from time to time, the Council, within the specified time limits,
shall either approve, deny or refer the application to the Planning Commission for further
consideration; provided, however, that in the latter event, the application must be placed
back on the Council agenda for final approval or denial within 120 days following the
taking of the latter action. The affirmative vote of two-thirds of the Council members shall
be required for final approval of any Preliminary Design or General Plan of Development.
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Subdivision 9. Preparation and Approval of PUD Permit. Following
Council approval of a General Plan of Development, the City staff shall prepare a PUD
permit which establishes permitted uses, allowable densities, development phasing,
required improvements, completion dates for improvements, required bonding amount,
and additional requirements for each PUD, in accordance with the conditions established
in the Council approval of the General Plan of Development Once the applicant has
obtained final plat approval, unless the platting requirement has been waived, or unless
the development has zero lot lines, the PUD permit shall be submitted to the Council for
issuance.
Source: Ordinance No. 565
Effective Date: 5-28-82
Subdivision 10. Multiple Parcels. A PUD shall be regulated by a single
permit, together with attachments, regardless of whether it consists of more than one lot If
a PUD consists of more than one lot the following regulations shall apply regardless of the
number of owners.
A. The main body of the PUD permit shall consist of the regulations or
sections required by this Section 11.55 of the City Code. Unless modified by the City
Council, most of such main body of the permit shall contain all provisions relating to
shared or interdependent facilities including shared driveways, parking, landscaping,
maintenance or other shared items or responsibilities between the lots. It may also include
building footprints, building facades, signage style, and outdoor appearance.
B. At the discretion of the City Council, the PUD permit may include
an individual attachment for each lot within the PUD. The individual attachment shall
contain regulations that are of sole concern to the owner of that lot, although the City
Council may again in its sole discretion, include other items in the attachment that
ordinarily would be in the main body of the permit
C. All owners shall sign the main body of the permit at the time it is
approved or amended.
D. Only the owners of a particular lot will sign the individual
attachment pertaining to such lot
E. Amendments to the main body of the permit must have agreement
of all property owners within the PUD, unless paragraph G below applies.
F. If an amendment pertains only to the attachment for an individual
lot, consent or agreement of all owners is not necessary; however, the City Council will
consider any concerns or objections from other owners within the PUD before making a
final decision.
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G. If an existing PUD contains multiple parcels owned by different
persons, the owners of one of the parcels may apply for an amendment to the PUD terms
concerning solely his or her parcel. The City Council shall make the final determination as
to which terms concern solely one parcel. If the application provides for change in any of
the terms concerning parcels not owned by the applicant, the owners of such nonowned
parcels must join in the application.
Source: Ordinance No. 147, 2nd Series
Effective Date: 8-15-96
Subdivision 11. Method of Withdrawing a PUD Application. Any
application for a PUD permit may be withdrawn by the applicant at any time prior to filing
the required final plat thereof in accordance with the Subdivision Regulations Chapter of
the City Code, or if no platting is required in connection with the PUD application then at
the time prior to physical implementation of the approved permit, such as the
commencement of construction on the permit site.
Subdivision 12. Method of Amending a PUD Permit. Any desired change
involving a structural alteration, enlargement or intensification of use not specifically
allowed by a particular PUD permit, or any request for a variance from the specific terms
of a previously issued PUD permit, shall require that an application be filed for an
amended permit and all procedures shall then apply as if a new permit was being applied
for. If there is a question whether an amendment is required, the question shall be
submitted to the Council for determination. An application for an amended PUD permit
shall be administered in the same manner as that required for an initial PUD permit,
except that the fee shall be in the amount adopted by resolution of the Council. The
amendment procedure shall also apply to re-applications for permits that have been
denied, requests for changes in specific conditions contained in an existing permit, and for
other situations described in this Section.
Subdivision 13. Method of Cancellation of PUD Permit. Any existing,
approved PUD permit shall be deemed to be canceled if the owner of the land involved in
the permit applies for and receives a rezoning respecting said property prior to the time
that there is any physical implementation of the matters covered by the previously
approved PUD permit. In addition, an existing PUD permit shall be deemed to be
automatically canceled in the event that a final plat, if the same be required in connection
with the permit, is not filed as required by and in accordance with the terms of the
Subdivision Regulations Chapter of the City Code within six (6) months following final
approval of the PUD permit by the Council. In all other situations, an existing PUD permit
shall only be canceled and revoked, short of expiring according to its own terms, upon
Council action in accordance with law.
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Subdivision 14. General.
A. Records. The Planning Department shall maintain a record of all
PUD permits issued, including information on the use, location, conditions imposed by the
Council, time limits, review dates, and such other information as may be appropriate. PUD
permits granted shall be clearly noted on the Zoning District Map.
B. Certification of Plans Required. Any plan submitted shall be
certified as follows: Mechanical systems, electrical systems, storm and surface drainage
systems and all structural systems shall be designed and certified by a registered
architect or registered engineer. The site plans may be prepared by a professional site
planner, but a registered architect or engineer must certify to the review of the site and
design of the proposed buildings in accordance with the site plans, the terrain and the
neighboring conditions, and in accordance with the State Building Code.
C. Certification Also Required After Changes. If any plan required to
be certified by the preceding Subparagraph B. above, is changed by the applicant either
for the applicant's own reasons or at the requestof the City, the applicant shall submit a
new plan reflecting the change, which new plan shall be certified as required by the
preceding Subparagraph B. Failure to submit such new certified plan shall constitute
grounds for revocation of approval of General Plan of Development or refusal to issue a
PUD permit.
D. Certification Upon Completion. With respect to all plans required to
be certified by Subparagraphs B or C, above once the work has been completed, the
registered engineer who certified the plan shall certify in writing that it has been
completed in accordance with the certified plan.
E. Time Limits. No application which was subsequently denied shall
be re-submitted for a period of six (6) months from the date of said order of denial.
F. Bonding to Assure Conformance to General Plan of Development
and Agreements. With respect to the parts of a PUD or items therein which in the
judgment of the Department of Public Works, have a common affect, rather than an affect
on only one or two parts or units thereof, including but not limited to, private roadways,
public or private utilities, landscaping, and all improvements required by the City Code,
the applicant shall post a corporate surety bond or cash bond guaranteeing the faithful
performance of the work or agreements and the payment of any costs to the City in a sum
equal to the total cost of all such parts or items as determined by the Department of Public
Works. Part of the corporate surety bond or cash bond may be released when any specific
common part or item is completed upon recommendation of the Department of Public
Works and approval of the Council.
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G. Effect of Minimum Area Requirements on Conveyed Lots or
Building Sites. In the event any real property in the approved PUD permit is conveyed in
total, or in part, the buyers thereof shall be bound by the provisions of the PUD permit and
the General Development Plan constituting a part thereof; provided, however, that nothing
herein shall be construed to create non-conforming lots, building sites, buildings or uses
by virtue of any such conveyance of a.lot, building site, building or part of the
development created pursuant to and in conformance with the PUD permit. Subsequent
structural additions or alterations may be made provided the provisions of the PUD permit,
this Chapter, and other applicable City Code provisions are adhered to.
H. Final Plat. Unless the requirement for a final plat be waived by the
Council, all applicants for a PUD permit shall be required to file with the appropriate
governmental recording agency a plat of said Planned Unit Development complying with
all of the requirements of the Subdivision Regulations Chapter of the City Code, except to
the extent that the Council may have given specific permission to the effect that specific
portions of the Subdivision Regulations Chapter, (1) need not be complied with, or (2)
waiving the requirement that a plat be filed. Such required plats shall contain on their face
a cross-reference to the final approved PUD permit (and General Plan of Development
made a part thereof) on file with the City and shall be filed within six (6) months after the
date of the Council action issuing the PUD permit.
I. PUD Permit. Unless this requirement is waived by the Council, the
applicant shall sign a PUD permit within 90 days of the Council approval of the general
plan.
J. Private Streets. Whenever it does not contradict the provisions of
this Section as it relates to an adopted transportation plan or the protection of
opportunities for reasonable development of surrounding land adjacent to a development
proposed in a PUD application, streets which are intended to be kept continuously closed
to public travel or are at all times posted as private streets may be retained as private
streets and so reflected upon the final plat made a part of the PUD permit; provided an
agreement is entered into between the owner of said private streets and the Council
assuring that the construction, operation and maintenance of said streets will be
accomplished in accordance with standards approved by the Department of Public Works
and the Council.
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K. Qualifications of Petitioner.
1. Application for a PUD may be made only by the owner of the
land involved in the PUD application, or by duly authorized representative, except that an
option or contract holder may apply for a PUD provided the application is accompanied by
fully executed agreements or documents from the owner stating that such owner has no
objections to the proposed application and is in fact joining in the same as such owner's
interest may appear. In addition, the applicant shall supply the City mailing labels with
names and addresses of all persons who are to be notified of any public hearings or other
proceedings required by the terms of this Section, including those persons disclosed on
the abstractor's certificates required to be furnished by the applicant in accordance with
the above provisions of this Section.
Source: Ordinance No. 565
Effective Date: 5-28-82
2. However, the City may act as a petitioner on its own motion
and make application for a PUD if it or an affiliated governmental body such as the
Housing and Redevelopment Authority in and for the City intends to purchase or take the
land involved by eminent domain; provided, further, however, that General Plan approval
may not be given to an application for a PUD by the City until such time as it or an
affiliated governmental body has obtained title to the land involved in the PUD application.
For purposes of this Subparagraph K, the intention of the City or an affiliated
governmental body shall be evidenced by passage of a resolution or motion by the
governmental body authorizing acquisition of the land involved.
Source: Ordinance No. 626
Effective Date: 6-15-84
L. Staged Developments. It is recognized that certain PUD permits
may involve construction over a long period of time. If it is proposed to develop a project
during a period which will exceed two years, the applicant may request preliminary design
approval of the entire project and permission to submit detailed information respecting
only the first stage or stages of the project. If permission pursuant to such a request is
granted by the Council, a separate public hearing shall, nevertheless, be required
respecting such successive stage of the project as the same is reached, and detailed
plans shall be submitted in accordance with the approved construction order component
forming a part of the PUD Permit.
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Subdivision 15. Building Permits. Following issuance of a PUD permit, the
Council, through the Building Board of Review, may grant building permits for proposed
structures within the approved PUD permit area, provided: (a) that the same appear to be
in substantial conformance with the final approved PUD permit and the integral General
Development Plan made a part of said permit; (b) that the landscape plan and exterior
materials for the structures submitted shall be the same as that considered by it when
considering whether to approve the General Plan of Development; (c) that the necessary
bonds have been posted as provided in this Section; (d) that the proposed improvement
or building construction is in accordance with the approved order of construction as per
the Construction Order Component or other specific terms of the approved PUD permit as
may be in any way involved respecting a Staged Development; (e) that any final plat as
may be required by the terms of this Section has been filed with the appropriate
governmental recording agency; and (f) that the proposed structure meets the
requirements of the State Building Code and all other applicable City Code provisions.
Source: Ordinance No. 147, 2nd Series
Effective Date: 8-8-96
SECTION 11.56.1-394 OVERLAY ZONING DISTRICT ORDINANCE
Subdivision 1. Purpose. The United States and Minnesota Departments of
Transportation are upgrading State Highway No. 12 to become Interstate Highway 394
which will alter transportation patterns and foster new development and redevelopment
along the highway corridor. It will also generate traffic congestion on both the freeway
system and the local street networks in portions of St. Louis Park and Golden Valley
resulting in traffic congestion, air pollution, noise pollution and other environmental
problems. Since the Interstate Highway 394 corridor runs along the common border
between the Cities of Golden Valley and St. Louis Park, they have studied the situation
and entered into a Joint Powers Agreement respecting the same. This Ordinance is
intended to impose on all dense developments, which will contain more than .6 square
feet of gross floor area per each square foot of land area within a lot or parcel in the 1-394
corridor, the condition that once the traffic generated at the XeniaNernon interchange, the
Louisiana Avenue interchange and the General Mills Boulevard/Boone Avenue
interchange exceeds certain levels of service, or the established reserve capacity,
whichever is first, the developments will be required to prepare and effectuate traffic
management plans which will serve to reduce the traffic congestion, air and noise
pollution and other environmental problems associated with them. The Ordinance does
not prohibit development, but, rather, permits development assuming appropriate traffic
management plans are in place and effect. The Joint Task Force will review the plans and
insure their compliance with this Ordinance.
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PLANNED UNIT DEVELOPMENT (PUD) PROCESS
c ,..,. '1 .. .,. Sf. J....is 'P",./C
SECTION 14:6-7.0 PLANNED UNIT DEVELOPMENT (PUD)PROCESS
SECTION 14:6-7.1 FINDINGS AND PURPOSE
A.
B.
C.
D.
. E.
The City Council finds that a Planned Unit Development process will benefit the City and its
residents because the process permits greater flexibility in the development of a parcel by
tailoring the development to the site and neighborhood. Such' benefits include, but are not
limited to:
Greater utilization of new technologies m building design, construction, and land
development.
Higher standards of site and building design.
More efficient and effective use of streets, utilities, and public facilities to support high
quality development at a lesser cost.
Provision of recreational, public, and open spaces which may be made more usable and
be more suitably located than would otherwise be provided under conventional
development procedures.
A flexible approach to development is permitted by allowing certain limited
modifications to the strict application of regulations of the Use Districts that are in
harmony with the goals, purpose and intent of the City's Comprehensive Plan and
Zoning Ordinance. (Amended by Ord 2146-99 10-4-99)
F. A more creative and efficient use ofland is encouraged.
G. The preservation and enhancement of desirable site characteristics including flora and
fauna, scenic views, screening and buffering, and access is fostered.
H. Allowing the development to operate in concert with a Redevelopment Plan in certain
areas of the City and to insure the redevelopment goals and objectives will be achieved.
I. Flexibility in the design and construction is allowed for development in cases where
large tracts of land are under single ownership or control and have the potential to
significantly affect adjacent or nearby properties.
SECTION 14:6-7.2 APPLICATION
The provisions of the PUD section of this Ordinance shall be administered as follows:
A. No PUD shall be approved on property located in the R-l, Single-Family Residence
District or R-2 Single-Family Residence District.
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B.
Approval of a Planned Unit Development shall not alter the underlying Use District
classification or the application of Use District regulations unless they are modified
under the terms of Section 14:6-7.4 ofthis Ordinance.
(amended by Ord 2146-9910-4-99)
C. Permitted land uses in a PUD shall be limited to those land uses permitted in the
underlying Use District.
D. Projects available for PUD treatment shall have a site which consists of a parcel or
contiguous parcels of land 2 acres or more in size. Tracts of less than 2 acres may be
approved only if the applicant can demonstrate that a project of superior design can be
achieved or that greater compliance with Comprehensive Plan goals and policies can be
attained through use of the PUD process.
E. Modifications of Use District regulations may be approved as part of the overall
approval of the PUD, if the following conditions are satisfied:
.
1. The modifications bear a demonstrable relationship to, and are consistent with,
the goals and policies of the Comprehensive Plan.
2. The adverse impact and effect of such. modifications will be eli.minated by
screening landscaping, superior site and building design and other features related
to planning, design, and construction.
3. The modification is necessary to achieve the purposes of this section of the
Ordinance.
4. The modifications are limited to those allowed in Table 6-7.A and fall within
allowable limits authorized by Section 14:6-7.4.C of this Ordinance
(amended by ord 2146-9910-4-99)
F. PUD projects shall be subject to the imposition of additional requirements as part of the
PUD approval when, in the opinion of the City Council, such additional requirements are
necessary to protect the general welfare, public safety, neighborhood character and/or to
achieve the objectives contained in Section 14:1-1.2 of this ordinance. (Added by Ord
2037-958-21-95)
SECTION 14:6-7.3 BUILDING AND SITE DESIGN
The City Council shall fmd that the quality of building and site design proposed by the PUD plan
will substantially enhance aesthetics of the site and implement relevant goals and policies of the
Comprehensive Plan before aPUD plan may be approved.
In addition, the following criteria shall be satisfied:
'',J
A. The design shall consider the whole of the project and shall create a unified environment
within project boundaries by insuring architectural compatibility of all structures,
efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site
features, and design and efficient use of utilities.
B.
The design of a PUD shall achieve the maximum compatibility of the project with
surrounding land uses, both existing and proposed and shall minimize the potential
adverse impacts of the PUD on sl,llTounding land uses and the potential adverse effects of
the surrounding land uses on the PUD.
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c.
The design shall take into account any modifications o( Ordinance requirements
permitted by Section 14:6-7.4 of this Ordinance and provide appropriate solutions to
eliminate the adverse impacts of any modification required for approval of the PUD.
D. If a project for which PUD treatment has been requested involves construction over a
period of time or in two or more phases, the PUD applicant shall demonstrate that each
phase is capable 'of addressing and meeting these criteria independent of the other
phases.
E. More than one building may be placed on one lot in a PUD.
F. Unless modified by the following or other provisions of this Ordinance a PUD in an "R-
3", "R~4", or "R-B" Use District shall conform to the requirements of the Use District
within which it is located:
1. The tract of land for which a project is proposed shall have not less than 200 feet
of frontage on a public right-of-way.
2. No building shall be nearer than its building height to any property line when the
property abutting the subject property is in an R-I or R-2 Single Family
Residence Use District.
3.
No building within the project shall be nearer to another building than one-half
the sum of the building heights of the two buildings, except for parking ramps
which may be directly connected to another building.
4. Private roadways within the project site may not be used in calculating required
off-street parking space.
G. A PUD in a non-residential Use District shall conform to the requirements of the use
district in which it is located except as modified by the following or other provisions of
this Ordinance:
1. All off-street loading facilities,. including loading debris, shall be completely
contained within a building. Maneuvering and truck storage areas shall be
assigned a Land Use Intensity class of 7 for purposes of determining bufferyard
requirements of such areas.
(Amended by Ord.1942-94 2-7-94)
2. If property wpich is either residentially used or zoned abuts a site proposed for
development as a PUD, the required yard in the PUD along the property line
adjacent to the residential property shall be equal to one (1) foot for every one
(1) foot of building height for each structure.
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SECTION 14:6-7.4 MODIFICATIONS
A. Modifications of Ordinance requirements granted as part of a PUD shall not be subj ect to
the provisions of Section 14:8-3.3 of this Ordinance. Such modifications shall be
approved as part of the overall approval of a PUD but any modification granted shall be
written into the resolution approving the PUD. (Amended by Ord 1942-94 2-7-94)
B. Any modification' of Ordinance requirements approved as part of a PUD shall be
approved only upon a showing that the modification does not adversely affect
surrounding properties because the PUD plan has provided screening, buffering, fencing,
walls, or other site improvements which have eliminated the adverse effects of the
modification. "
C. Any modification approved as part of a PUD shall not exceed the maximum
modification allowed as shown on Table 6-7.A, except as specifically approved for
shopping centers over 200,000 square feet according to the conditions in Section 14:5-
5.3 or as specifically approved for mixed use developments according to the conditions
in the M-X Mixed Use District: (amended by Ord. 2037-95 8-21-95)(amended by Ord.
2058-96 2-5-96)
Table 6-7.A
Allowable Modifications In PUDS
Ordinance Requirement
Distance From Property Lines,
Except When Abutting
Residentially Zoned or Used Property
Distance From Other Buildings
Building Height
Density
Ground Floor Area
Floor Area Ratio
Usable Open Space
Parking
Maximum Modification Allowed
No Required Yards
As Building Code Allows
No Maximum if consistent with the
Comprehensive Plan (Amended by
Ord 2146-9910-4-99; previously
(amended by Ord 2136-992-16--99)
10% increase or as consistent with the
Comprehensive Plan
(amended by Ord 2136-992-16-99)
5% increase
Limited by height, density and ground
floor area restrictions
(Amended by Ord 214~-9910-4-99)
20% decrease
15% decrease in addition to other allowable
ordinance reductions
(Amended by Ord 2146-9910-4-99
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D.
An applicant for a PUD seeking modifications as permitted above shall demonstrate how
the proposal will enhance, support, and further the following objectives:
1. Provide for integrated pedestrian facilities to and within the project;
2. Enhance linkages to mass transit facilities;
3. Increase the supply oflow and moderate income housing;
4. Incorporate implementation of Travel Demand Management strategies as part of
the POO plan;
5. Provide public plazas and usable open space which exceeds minimum Ordinance
requirements;
6. Provide a high degree of aesthetics through overall design and display of public
art.
SECTION 14:6-7.5 SUBMISSION REOUIREMENTS AND PROCEDURE
A. Planned Unit Developments shall be proposed and considered according to the
requirements of this section.
B.
Preliminary Discussion
Before filing an application for approval of a Planned Unit Development, an applicant is
encouraged to submit a concept plan for review and comment by the City staff. The
applicant may request a review of the concept plan by the Planning Commission to
obtain the Commission's nonbinding comments on its merits.
C. Preliminary POO Plan
An application for a preliminary Planned Unit Development Plan shall include all of the
following information:
. 1. All information required for consideration and approval of a preliminary plat, if
a plat is necessary.
2. A general development plan including the following:
"
a. Site conditions and existing development on the subject property and
immediately adjacent properties.
b. The proposed use of all areas of the site.
c. The proposed density, type, size and location of all dwelling units, if
dwelling units are proposed. .
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d.
The general size, location and. use of any proposed nonresidential
buildings on the site.
e. . All public streets, entrance and exit drives, and walkway locations.
f. Parking areas.
g. Landscaped areas.
h. Parks and open space, public plazas and common areas.
1. Site dimensions.
J. Generalized drainage and utility plans.
k. Any other information which the City may request.
3. Summary sheets which include the following:
a. Proposed densities.
b. Acreage or square footage of individual land uses on the site.
c. All proposed modifications of district regulations being requested.
4.
Generalized staging plan for the project, including the geographical sequence of
construction and the number of dwelling units or square footage of
nonresidential property to be constructed in each stage.
5. Traffic study containing, at a minimum, the total and peak hour trip generation
from the site at full development, the effect of this traffic on the level of service
of nearby and adjacent streets, intersections, and total parking requirements.
6. A statement showing how the Planned Unit Development will meet the stated
purposes and objectives of this section of the Ordinance.
7. Environmental data which the City may deem necessary. At a minimum, this
shall include a preliminary analysis of the probability of site contamination.
D. Final Plan Unit Development Plan
The final development pHm for a Planned Unit Development shall conta.in all of the
following information:
1. A final plat which meets the requirements of Section 1'4-300 of this Ordinance,
if required.
2.
A final site plan drawn to scale showing the location of all structures including
their placement, size and type as well as streets, parking areas and stall
arrangement, walkways and other pedestrian facilities, parking calculations, and
open space including public plazas and commons.
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3.
. A landscape plan showing the location, size, and species of all plant materials, a
landscaping irrigation system plan, and all other nonvegetative landscaped
features,
4. A utility plan showing the location and size of all on-site utilities and easements
as well as storm water runoff calculations for both the pre development and
postdevelopment condition of the site.
5. Building plans at a level of detail necessary to allow parking calculations to be
made and building elevation drawings showing architectural details and
proposed building materials.
6. Any deed restrictions, covenants, agreements, and Articles of Incorporation and
By-Laws of any proposed homeowners' association or other documents or
contracts which control the use or maintenance of property covered by the
Planned Unit Development.
7. A final staging plan, if staging is proposed, indicating the geographical sequence
and timing of development of the plan or portions thereof including the
estimated date of beginning and completion of each state.
8. Any other information which the City in its sole discretion may require to fully
present the intention and character of the Planned Unit Development.
E.
Procedure
Planned Unit Developments shall be proposed and processed according to the
requirements of this section. No application for a final Planned Unit Development shall
be processed until the application for a Preliminary Planned Unit Development has been
approved by the City Council. (Amended by Ord 2146-99 10-4-99)
1. An application for approval of a preliminary Planned Unit Development shall be
on a form provided by the City which shall include all of the following
information.
a. The name, address and telephone number of the applicant.
b. The name, address and telephone number of the property owner.
c. The Use District(s) in which the Planned Unit Development is proposed
to be located.
d. All data and plans comprising a preliminary Pl~nned Unit Development
plan. No action on a preliminary Planned Unit Development will be
taken until all of the required information is received by the City.
2.
The application shall be reviewed by City staff and a report concerning the
application shall be submitted to the Planning Commission for its consideration
within 45 days of receipt of all material required by this Ordinance for review. of
the application.
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3.
The Planning Commission shall hold a public hearing in accordance with
Section 14;8-4.1(A). The Planning Commission may continue the public
hearing if necessary and shall make a recommendation to the City Council
within 60 days of the date of the initial public hearing. If the Planning
Commission fails to deliver a recommendation to the City Council within the 60
day period, the City Council may then consider the preliminary Planned Unit
Development without the Planning Commission's recommendation.
4. The City Council may approve the preliminary Planned Unit Development Plan
in whole or in part, may approve subject to conditions, may deny, or may
continue consideration of the preliminary Planned Unit Development Plan for
further investigation and hearing at a later date.
5. The City Council shall render a decision regarding the preliminary Planned Unit
Development Plan request within 90 days of the Council's initial consideration
of the Preliminary Planned Unit Development Plan.
6. When a preliminary Planned Unit Development Plan has been denied by the City
Council, the owner or applicant may not reapply for the same or similar
development on the same property for the six (6) month period following the
date of the denial.
7.
The final development plan for a Planned Unit Development shall be submitted
for approval within 90 days after City Council approval of the preliminary
Planned Unit Development Plan unless a written request for a time extension is
submitted by the applicant and approved by the City Council. The final Planned
Unit Development Plan shall be considered according to the following
procedure;
a. The City staff shall review the final PUD Plan and make a report of its
findings and recommendations to the Planning Commission for its
consideration within 60 days following receipt of the final PUD Plan.
b. The Planning Commission shall consider the staff report, other
applicable data, and testimony and shall submit its recommendation to
the City Council. If the Planning Commission recommends approval of
the final PUD Plan, it shall fmd that the final PUD Plan is in substantial
compliance with the preliminary pun Plan and the Comprehensive
Plan. (Amended by Ord 2146-9910-4-99)
c. The Planning Commission shall refer the fmal PUD Plan to the City
Council within 60 days of its initial consideration of the final PUD Plan.
d.
The City Council shall consider the fmal PUD Plan. If the City Council
deems it necessary, it may set a public hearing for consideration of the
final PUD Plan. The City Council may deny the final PUD Plan or may
approve the final PUD Plan in whole or in part. The Council shall make
its decision within 60 days of its first consideration of the fmal PUD
Plan or within 60 days following any public hearing whichever date is
later .
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F.
Development Agreement
The City may, at its sole discretion, require the owner and developer of a proposed
Planned Unit Development to execute a development agreement which may include, but
not be limited to, all requirements of the final Planned Unit Development Plan as a
condition to approval of a Final Planned Unit Development Plan.
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 of Minnesota 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 insure the
provision or development of improvement called for by the development agreement.
G. Operating and Maintenance Requirements for Common Areas
If certain land areas or structures within the Planned Unit Development are designated
for recreational use, public plazas, open areas, or service facilities, the owner of such
land and buildings shall file a suitable agreement with the City that assures the continued
operation and maintenance of such areas or facilities in a manner suitable to the City.
These common areas may be placed under the ownership and control of one of the
following:
1.
The Landlord.
2. Homeowners' Association, if all of the following conditions are met:
a. The homeowners's association must be established prior to the sale of
any property in the PUD.
b. Membership must be mandatory for each owner and successive buyer.
c. The open space restrictions must be permanent.
d. The association must be responsible for liability insurance, taxes, and
maintenance.
e. The Landowner must pay its pro-rata share of an assessment levied by
the association and that share if unpaid must become a lien on the
property owned by the Landowner.
f. The association must be able to adjust the assessment to meet changed
needs.
H.
Fees and Reimbursement for City Costs
The fee for a Planned Unit Development shall be the same as the fee charged for a
zoning change and plat approvaL Section 14:8-5.0 Reimbursement for City Costs shall
also be applied to Planned Unit Development applications.
(amended by Ord. 2037-958-21-95)
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I.
Modifications
Modifications granted as a part of a Planned Unit Development shall have the same force
and effect as a variance granted under Section 14:8-4 of this Ordinance. These
modifications, if permitted as a part of the approval of a Planned Unit Development,
shall be cited in the development agreement.
J. Zoning Map
All approved final development plans shall be drawn on the City's zoning map as it is
revised from time to time. The map shall include a reference to the approved final
development plan on file with the City.
K. Approval and Amendments
The approval of a preliminary Planned Unit Development Plan and a final Planned Unit
Development Plan and major amendments to the approved flllal plan shall require an
affirmative vote of two-thirds (2/3) of all the members of the City Council. The
approval of minor amendments to the approved fmal plan shall require an affirmative
vote of a majority of all the members of the City Council.
1.
Effect of Final Planned Unit Development Approval
Except as provided in Subsection "b" below, no building permit shall be issued
or development shall occur on land for which a Planned Unit Development has
been approved which does not conform to the approved final plan.
2.
Development of land for which a Planned Unit Development has been approved
which does not conform to the approved final plan shall only be allowed after
one of the following occurs:
a. A major amendment to the approved final plan of the Planned Unit
Development has been approved by the City Council in the same manner
as required for approval of a preliminary Planned Unit Development.
Major amendments shall include: changes in approved use
classifications; changes to the approved fmal plat; increases in
residential density, leasable floor area, building height, and/or required
parking; reductions in usable open space; modifications to ordinance
requirements; and any changes that are anticipated to result in off-site
impacts as determined by the Zoning Administrator. Application fees
for major amendments to Planned Unit Developments shall be the same
as fees for major amendments to conditional us~ permits.
b.
A minor amendment to the approved final plan of the Planned Unit
Development has been approved by the City Council in the same manner
as required for minor amendments to conditional use permits after all
owners of property within the Planned Unit Development have been
notified.
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Minor amendments shall include: changes that increase conformity with
ordinance requirements; decreases in residential density, leasable floor
area, building height, impervious surface and/or required parking
provided such decreases have minimal impact on the overall character of
the approved final plan as. determmed by the Zoning Administrator;
minor building additions and floor plan modifications that do not
increase parking requirements or reduce usable open space; and changes
that are specified as minor amendments in the approved development
agreement. Application fees for minor amendments to Planned Unit
Developments shall be the same as fees for minor amendments to
conditional use permits.
c. Administrative approval has been obtained for modifications specified in
the development agreement as requiring only administrative approval.
Administrative approval shall require approval of both the Zoning
Administrator and the Director of Community Development unless
otherwise stated in the approved development agreement. Such
administrative approval shall only be granted after the following has
occurred:
1.
The applicant has provided written notification to all owners of
property within the PUD that such approval is being sought.
The notification shall inform the property owners that approval
of the proposed modification may be granted after 10 business
days have elapsed from the mailing date of the notice unless the
property owner files an appeal with the Director of Inspections
within that time. If any such appeal is filed, the proposed
modification shall be considered in the same manner as a minor
amendment to the approved final plan.
11. All fees associated with the administrative approval have been
paid. Fees for administrative approval shall be determined in
accordance with Section 14:8-5.0 Reimbursement for City
Costs.
d. There is a vacation of the approved Planned Unit Development by the
City Council after notice of public hearing has been published and a
public hearing has been conducted in the same manner as required for
approval of a preliminary Planned Unit Development. The Council may
impose conditions on the vacation of a Planned Unit Development to
protect the public health, safety, and welfare.
(K amended by Ord 2056-961-16-96)
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L.
Automatic termination
Upon expiration of the time period approved by the City. Council for total development
of a Planned Unit Development, the subject area shall be permanently governed by the
conditions, provisions and restrictions of the final development plan. That plan as it may
be amended from time to time shall govern the use of the land.
If a Planned Unit Development is not completed within the required time period, the
Planned Unit Development classification shall automatically terminate for that portion of
the PUD which has not been developed. The requirements and provisions of the
primary Use District shall apply to the remaining undeveloped area.
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SECTION 14:6-7.6 CONVERSION OF FORMER PLANNED UNIT DEVELOPMENT
DISTRICTS
A. Conversion Permitted Properties located in areas which were Planned
Unit Development (PUD) Districts under the previous zoning ordinance
may seek to convert the previously approved PUD Final General Plan or
Special Permit approved pursuant to PUD District regulations to a
Preliminary PUD Plan or Final PUD Plan as may be appropriate under
Sections 14:6-7.1 to 14:6-7.5 ofthis Ordinance.
B. Equivalence of Former Districts -- For purposes of converting a former PUD District,
a Final General PUD Plan approved under the previous ordinance shall be equivalent
to a Preliminary PUD Plan as described in Section 14:6-7.5.C of this Ordinance. A
Special Permit approved under the previous ordinance shall be equivalent to a Final
PUD Plan as described in Section 14:6-7.5.D ofthis Ordinance.
c.
NonConformities -- Nonconformities in properties approved for conversion other
than nonconforming land uses shall be deemed to be in compliance with Section 14:6-
7.4 of this Ordinance and shall not be subject to the provisions of Section 14:7-1.0 of
this Ordinance.
D. Subsequent Construction -- All provisions of this Ordinance shall apply to any
development approved for construction subsequent to conversion unless
modifications are approved under Section 14:6-7.4 ofthis Ordinance.
E. Time Limit -- A property owner has one year from the effective date of this Ordinance
to apply for conversion under this section. The provisions of the former PUD District
shall remain in full force and effect until the property is converted or until one year
has elapsed. If an application for conversion has not been filed within one year, the
provisions of the former PUD District shall lapse and the property shall be fully
subject to all provisions of this Ordinance.
F. Application Process -- An application for conversion shall be processed following the
procedures in Section 14:8-4.2 of this Ordinance. In addition to any information
required by Section 14:8-4.2 or administrative procedures pertaining thereto, the
applicant shall include a statement describing in detail the degree to which the Final
pun Plan or Special Permit previously adopted is in compliance with, and differs
from the provisions of this Ordinance.
G. Fees -- The fee for an application to convert a previously approved PUD Final General
Plan or Special Permit shall be as determined by resolution of the City Council.
308. 1
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e limitations contained in City Code Section 11.06.
ource: Ordinance No. 27-97
E e: 6-13-97
ections 11.36 through 11.39, inclusive, reserved for future expansion.)
SECTION 11.40. PLANNED UNIT DEVELOPMENT (PUD) CONCEPT.
Subd. 1. PUD Concept Review. Any person or persons who may apply for a PUD may request a concept review
("PUD Concept Review") with respect to land which may be subject loa PUD. The purpose of a PUD Concept
Review is to afford such persons an opportunity, without incurring substantial expense, to have the general feasibility
of a PUD proposal considered. PUD Concept Review shall consist generally of an informal consideration by the
Planning Commission and the Council of such person's PUD proposal. PUD Concept Review maybe held with a
public hearing. An application ofPUD Concept Review may provide such information with respect to the request
as the applicant shall deem appropriate in consultation with the Director of Planning. An applicant for PUD Concept
Review shall pay all fees and costs provided for in this Chapter. Upon conclusion of a PUD Concept Review the
Planning Commission and Council may make such recommendations and comments and take such action with respect
to the proposal as they deem appropriate, provided, however, no approval under this Section shall constitute, or in
the future require, approval or formal establishment or designation of a PUD, zoning or subdivision by the Council
of the land which is the subject of the PUD Concept Review.
Subel. 2. Definition. As used in this Section, the term "original district" means a zoning district described in this
Chapter.
Subd.3. Zoning District Supplement. Planned Unit Development District ("PUD") is supplementary to a zoning
district within or encompassing all or a portion or portions of one or more original districts in accordance with the
provisions of this Chapter.
Subd. 4. Purpose. The purpose of this Section is to: (1) Encourage a more creative and efficient approach to the
use of land in the City; (2) Allow variety in the types of environment available to the people of the City; (3)
Encourage more efficient allocation and maintenance of privately controlled common open space through the
distribution of overall density of population and intensity of land use where such arrangement is desirable and feasible;
and, (4) Provide the means for greater creativity and flexibility in environmental design than is provided under the
strict application of the provisions of this Chapter and Chapter 12 (relating to subdivisions) of this Code while at the
same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City and its
inhabitants.
Subd. 5. Designation. All PUD's shall be designated in the legal description of the original district being
supplemented.
Source: City Code
Effective Date: 9-17-82
Subd. 6. Minimmn Area. A PUD Concept and Planned Unit Development District must include an area of at least
five (5) acres.
Source: Ordinance No. 48-96
Effective Date: 11-29-96
Source: Ordinance No. 24-91
Effective Date: 12-5-91
11-40
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Subd. 7. Pennitted Uses. The permitted uses set forth in this Chapter pertaining to the original district or districts
within a PUD shall apply to and be permitted uses in that part of a PUD in which such a district is encompassed,
except as such use or uses may be limited by a development plan, an agreement or imposed by the City as a condition
to approval of the PUD.
Subd. 8. Zoning and Subdivision Standards and Requirements. All standards and provisions relating to an
original district as set forth in this Chapter and to the subdivision of land as set forth in Chapter 12 (if land which is
the subject of a PUD is or will be subdivided in connection with a PUD) shall apply to an original district situated
within a PUD and to such land subdivided or to be subdivided unless any such standards or requirement has been
modified or waived as provided in Subparagraph A and B hereof.
A.
Any standard or provision, except permitted uses, set forth in this Chapter relating to an original district may
be waived or modified by the City provided the ordinance relating to such PUD sets forth specifically or by
reference to a development plan or an agreement such modification or waiver.
B.
Any standard or provision set forth in Chapter 12 relating to the subdivision of land which is the subject of
a PUD and is being or will be subdivided in connection with a PUD may be waived or modified as provided
in Chapter 12.
Subd. 9. Application. An applicant for a PUD shall submit in the application all of the material required by this
Chapter for rezoning and if land encompassed within the PUD is to be subdivided, all of the material required by
Chapter 12 of this Code relating to the subdivision of land. In addition, an applicant shall submit the following
information:
A. Project Identification. The following and such other information as is necessary to clearly and completely
describe the project shall be provided:
1. Ownership. Identify all owners legal and equitable of and all encumbrances and easements upon
the land ~ithin the proposed PUD.
2. Developer. Identify all parties involved in the development, including their previous experience
and the nature and extent of their participation.
3. Financing of Project. Identify the source and type of financing of the project, including financing
such as: Municipal Industrial Development Revenue Bonds, Housing Revenue Bonds, or otherwise.
4. Development Method. Describe what will be done with the project, if approved, and who will do
it. Will the property be marketed undeveloped; rough graded; developed; or will the developer
carry the project through actual construction of structures? Will structures be retained, sold, or
leased?
5. Development Timing. Specify timing of each stage of development from initial site development
through building construction. Any phasing of different portions of the project should be clearly
explained.
6. Critical Public Decisions. Identity all governmental agencies which have review authority over any
portion of the development, what aspect of the project required their review, and what approvals
are necessary. Explain what public improvements would be necessary to serve the project, such as:
utilities, roads, road improvements, parks, schools, etc.
7.
Other Information. Include any other information necessary to explain the unique characteristics
of the project.
11-41
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B.
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Plan Area Identification. Provide the following to identify the land included in the proposed PUD.
1. PUD Boundaries. A plan clearly denoting overall project. boundaries.
2. PUD Area. A plan which shows the overall PUD area as well as the adjacent parcels and their
ownership.
3. Regional Relationships. A description of regional factors the plan is predicated upon $Uch as:
market area, population centers, major roads, railroad, airport, proximity to Regional Services, etc.
Also describe any impact the PUD would have on Regional Services and Systems.
4. Existing Land Use and Occupancy.
5. Existing Transportation Systems. Describe how the land within the PUD will be served by
transportation systems and provide an analysis of the PUD's impact upon such transportation
systems. If transportation systems are not adequate to accommodate the traffic expected from the
development, describe improvements necessary. lllustrate how the plan provides for pedestrian and
bicycle sidewalks and trails and how they tie into the City-wide system.
6. Existing Zoning. A map which shows the existing .mning and .mningof adjacent parcels. A listing
of any zoning district changes or variances from City Code provisions should be provided.
7. Guide Plan and PUD Concept Framework. A map which shows the Guide Plan Designation of the
project and surrounding uses. If the plan was originally part of a PUD Concept Review, the plan
reviewed should be submitted together with a comparative analysis of the proposed PUD.
8.
General Analysis and Conclusions.
C. Plan Area Analysis. Provide the following relating to analysis of the plan:
1.
2.
3.
4.
5.
6.
7.
8.
. 9.
(
Two-foot contour topographic map depicting existing and proposed contours should be submitted
at a scale of 1" == 100'.
A soils map depicting surface and subsurface conditions that may affect construction.
A map depicting vegetation of the site with detailed locations of trees 12. or over in diameter.
AIl water, streams, lakes, marsh, ponds, drainage, subsurface, flood plains, should be denoted on
a site plan.
Photographs of the site sufficient to convey its general visual qualities and relationship to area and
proposed development.
A general discussion of natural ecological factors, analysis and conclusions.
A utility plan which illustrates the easements, and general sewer, water, and power services to all
uses.
Preliminary architectural drawings depicting normal detail achieved during "design development
phase" of architectural design process (does not include single family detached hOUsing).
Legal instruments for plan implementation including homeowner's association documents, scenic,
pathway, drainage, Or other easements and private documents, etc.
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10. Housing or landlbuilding use profile including computations of gross/leasable square footage,
housing unit breakdown to square foot, bedrooms, persons/unit, parking requirements, . etc.
D. Fees and Costs. Applications for a PUD shall be filed at the office of the Planning. Director. A non-
refundable application fee in the amount established by the Council by resolution to defray administrative
costs shall accompany each application. A deposit established by the Planning Director shall accompany the
application. The deposit or a portion thereof, will be refunded after fmal Council action on the proposal if
the total sum is greater than the administrative review cost, which may include, but not be limited to:
1. Consultant fees assisting in City review.
2. City Staff time expended in specific development review.
3. Mailing, legal notices and other administrative costs.
4. Any other reasonable costs incurred by the City in review of the proposal. Full payment by the
proponent of all fees and costs for City review must be made prior to .consideration of the
application.
Subd. 10. Public Hearing. A public hearing on an application for a PUD shall be held before both the Planning
Commission and the Council. A notice of the time, place, and purpose of each hearing shall be published in the
official newspaper at least ten days prior to the day of the hearing. When a PUD involves changes in district
boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of
the hearing to each owner of affected property and property situated wholly or partly within 500 feet of the property
to which the PUD relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may
use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the
owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be lDade
a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects
in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this Subdivision has
been made.
A. An application for a PUD may not be acted upon by the Council until it has received the recommendation
of the Planning Commission or until 60 days have elapsed from the date of referral to the Planning
Commission.
B. In the event land within a PUD is or will be subdivided in connection with a PUD, such subdivision pursuant
to, or any waiver or modification of any provision of, Chapter 12 may be approved only upon compliance
with such additional procedures as are set forth in Chapter 12.
Source: City Code
Effective Date: 9-17-82
Subd. 11 Findings Required. The findings necessary for approval of a PUD shall be as follows:
A. The proposed development is not in conflict with the goals of the Guide Plan of the City.
B. The proposed development is designed in such a manner to form a desirable and unified environment within
its own boundaries.
C. Any exceptions to the standard requirements of this Chapter and Chapter 12 of this Code are justified by the
design of the development.
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D.
The POD is of sufficient size, composition, and arrangement that its construction, marketing, and operation
are feasible as a complete unit without dependence upon any subsequent unit, and the POD shall be consistent
with an approved PUD Concept.
Subd. .12. Revisions and Amendments.
Source: Ordinance No. 24-91
Effective Date: 12-5-91
A.
B.
Changes in uses as well as any modification or waiver of any standard or requirement relating to an original
district or amendment of any waiver or modification thereof granted in connection with a PUD may be made
only in accordance with the procedures applicable to amendments of this Chapter pertaining to zoning.
Changes relating to any standard or requirement set forth in Chapter 12 pertaining to the subdivision .of land
or amendment of any waiver or modification thereof granted in connection with a PUD may be made only
in accordance with the procedures provided in Chapter 12 of this Code pertaining to subdivision of land. ...
Minor changes in the location, placement and height of buildings or structures as well as other matters set
forth in the development plan, or any agreement, except as described in Subparagraph B below, may be
=::el'::;~ ~~ by en8in=ing orolher cUcumslanCes nol fo....... at tl,e time ~
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Subd. 2. Areas Where Condit' al Use Pennits May Be Gran That part of the following described
situated within either the RI- or Rural District may be used for thos rmitted uses described in Section
(Office District) hereofu ISSUance of a conditional use permit in accordanc
conditions contained' his Section.
SEe ON 11.41. CONDITIONAL USE PERMITS.
Source: City Code
Effective Date: 9-17-82
.
tion of Policy and Purpose. It is hereby found and declared that certain lands the City have
of the "Eden Prairie
Sec. 14, T. 116, R.22
NW-1I4 of the NE-1I4
SW-1I4 of the NW-1I4
SE-1I4 of the NW-1I4
NE-1I4 of the NE-1I4
SE-1I4 of the SW-1I4
SW-1I4 of the SE-1I4
SW-1I4 of the SW-114
Sec. 23, T. 116, R.22
The South 650 feet of the NW-1I4 of the NE-1I4
.
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MAPLEWOOD CODE
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(4) Eliminate all water areas resulting from excavation upon
rehabilitation of the site, unless these water areas are on
the approved plan.
(5) Grade the site so that no part, except land planned for open
space, shall be lower than the minimum required for con-
nection to a sanitary or storm sewer. (Ord. No. 685, ~ 3,
4.8-91; Ord. No. 688, ~ 3, 6-10.91)
Sec. 36.414. Advisory group.
The council, in approving a conditional use permit under this
article, may appoint an advisory body pursuant to its motion on
the permit. (Ord. No. 688, ~ 3, 6.10.91)
Sees. 36.415-36.435. Reserved.
ARTICLE V. CONDITIONAL USE PERMITS*
Sec. 36.436. Purpose.
The purpose of a conditional use permit is to provide the city
with some discretion, based on specific standards in determining
the suitability of conditional uses. The city is not obligated to
approve such uses. (Ord. No. 648, ~ 5, 7.20.89)
')'
"
Sec. 36.437. Conditional uses.
The city council may issue conditional use permits for the fol-
lowing uses in any zoning district from which they are not per.
mitted and not specifically prohibited:
*Editor's note-Ord. No. 648, ~ 5, adopted July 20, 1989, amended Art. V of
Ch. 36 to read as herein set out. Prior to amendment, Art. V pertained to similar
subject matter, consisted of~~ 36-436-36-445, and was derived from the following
ordinances: .
Ord. No. Section Date Ord. No. Section Date
535 2 1-24-83 563 1,2 1. 9-84
545 1 6-27-83 620 2 1-25.88
SUppa No.9 2296
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(1) Public utility, public service or public building uses.
(2) Mining. (Refer to the requirements under article IV of
this chapter.)
(3) Library, community center, state licensed day care or
residential program (unless exempted by state law), church,
hospital and a helistop as an accessory use to a hospital,
any institution of any educational, philanthropic or char-
itable nature, cemetery, crematory or mausoleum.
(4) An off-street parking lot as a principal use in a commer-
cial or industrial zoning district.
(5) Part of an apartment building for commercial use, in-
tended for the building's residents, such as drugstore,
beauty parlor, barbershop, medical office or similar use.
(6) Planned unit developments (PUn).
01\1.
(7) Construction f# an outlet.
(Ord. No. 648, ~ 5, 7-20-89; Ord. No. 685, ~ 2, 4-8-91; Ord. No. 688,
~ 2, 6-10-91; Ord. No. 777, ~ 2, 3-24-97)
Sec. 36-438. Planned unit developments generally; pur-
pose and intent, requirements.
(a) A pun may not be divided unless the density distribution
approved in the PUD is ensured.
(b) It is the intention of this section and the other sections of
this article relating to planne,d unit developments to provide a
means to allow flexibility by substantial deviations from the
provisions of this chapter, including uses, setbacks, height and
other regulations. Deviations may be granted for planned unit
developments provided that:
(1) Certain regulations contained in this chapter should not
apply to the proposed development because of its unique
nature.
(2) The pun would be consistent with the purposes of this
chapter.
(3) The planned unit development would produce a develop-
ment of equal or superior quality to that which would
result from strict adherence to the provisions of this
chapter.
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Supp. No. 12
2297
.
~ 36-438
MAPLEWOOD CODE
(4) The deviations would not constitute a significant threat to
the property values, safety, health or general welfare of
the owners or occupants of nearby land.
(5) The deviations are required for reasonable and practica-
ble physical development and are not required solely for
financial reasons.
(c) The development shall conform to the plan as filed with the
city. Any substantive changes in the plan shall require a recom-
mendation by the planning commission and approval by the city
council after a public hearing.
(d) Common open space. The developer shall provide deed
restrictions, covenants,- easements, public dedication or other
equally effective and permanent means to preserve and maintain
any common open space. The instruments must include all the
following protection:
(1) Except routine maintenance, the city must approve the
alteration of any vegetation or topography that is visible
from a public water.
(2) Prohibit the exterior storage of vehicles or other materi-
als. Storage shall not include routine vehicle parking or
the temporary storage of materials for an ongoing con-
struction project.
(3) If on a public water, prohibit the uncontrolled beaching of
watercraft.
(e) Owners' association. All planned unit developments with
common open space must have an owners' association with the
following features:
(1) Each lot owner must be a member.
(2) Each member must pay a pro rata share of the association's
expenses, and unpaid association assessments can be-
come liens on units or sites.
(3) Association assessments must be adjustable to adapt to
changing conditions.
(4) The association must be responsible for insurance, taxes
and maintenance of all commonly owned property and
facilities.
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~ 36-440
(0 The city shall designate PUD's on the official city zoning
map.
(Ord. No. 648, ~ 5, 7-20-89; Ord. No. 745, ~~ 19, 20, 1-22-96)
Sec. 36.439. Outlots.
(a) No building permit shall be issued for construction upon an
outlot, except by conditional use permit.
(b) The city council shall not grant a conditional use permit for
building upon any outlot, unless said outlot meets the following
conditions:
(1) It meets the minimum size and frontage requirements
provided for in this chapter.
(2) It has the requisite public improvements.
(3) The permitted density under this Code has not been
transferred to another parcel and is, therefore, sufficient
to accommodate the proposed construction.
(4) The outlot is not used for permanent common open space.
(5) The proposed construction can overcome or accommodate
topographical problems and peculiar site characteristics.
(Ord. No. 648, ~ 5, 7-20-89)
Sec. 36.440. Application.
An application for a conditional use permit may be made by
any person having a legal interest in the property described in the
application. All applications shall be submitted to the director of
community development upon the form supplied by the city. The
director shall not accept an application that is not complete.
Specific application requirements shall be as stated on this form,
but shall include at least the following information, if applicable:
(1) All information required on the community design review
board application.
(2) Written justification for any PUD deviations.
(3) An abstractor's certificate showing property owner's names
and addresses within three hundred fifty (350) feet of the
boundaries of the property for which the permit is re-
quested.
Supp. No. 12
2299
.
.
.
~ 36-440
MAPLEWOOD CODE
(4) Any other information required by the director of commu-
nity development, the city council or the council's advi-
sory bodies.
(The next page is 2303]
Supp. No. 12
2300
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The applicant shall also, at the time of filing such application,
pay a fee to the director of community development to defray
administrative expenses incurred by the city in the handling of
the application, which fee shall be established by the city council,
by ordinance from time to time. (Ord. No. 648, ~ 5, 7-20-89)
Sec. 36.441. Procedure.
(a) After an application has been submitted, the director of
community development shall prepare a report and recommen-
dation and submit it to the planning commission and community
design review board, as appropriate, for a recommendation to the
city council. The planning commission and community design
review board shall take action on the application within sixty (60)
days of their respective hearing dates, unless an extension is
approved in writing by the applicant. The staff report and the
planning commission's and community design review board's rec-
ommendations shall then be forwarded to the city council.
(b) The city council shall hold at least one public hearing on
each application for a conditional use permit. This hearing shall
not be held until the council has received written recommenda-
tions or reports from the city staff, planning commission and com-
munity design review board or until sixty (60) days have elapsed
from the respective hearing dates. The director of community
development shall have a notice of the hearing published in the
official newspaper at least ten (10) days before said hearing. The
director shall also cause a notice to be mailed to each of the
owners of property within three hundred fifty (350) feet of the
boundary lines of the property upon which such use has been
requested, which notices are to be mailed to the last known ad-
dress of such owners at least ten (10) days before the date of the
hearing. Such notice shall include the date, time and place of the
hearing and shall describe the conditional use request. Failure of
property owners to receive notice shall not invalidate any of the
proceedings in this section.
(c) The council may refer the application back to the planning
commission when the council finds that specific questions or in-
formation that may affect the final decision were not considered
by the planning commission. This procedure shall only be used
once for each application.
Supp. No.8
2303
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MAPLEWOOD CODE
(d) The city council may approve, amend or deny an application
for a conditional use permit by a majority vote.
(e) All decisions by the city council shall be final, except that
any person aggrieved by a decision may, within thirty (30) days of
the decision, appeal to the county district court. (Ord. No. 648, ~
5, 7-20-89)
Sec. 36-442. Standards.
(a) A conditional use permit may be approved, amended or de-
nied based on the following standards for approval, in addition to
any standards for a specific conditional use found in this chapter:
(1) The use would be located, designed, maintained, constructed
and operated to be in conformity with the city's compre-
hensive plan and Code of Ordinances.
(2) The use would not change the existing or planned char-
acter of the surrounding area.
(3) The use would not depreciate property values.
(4) The use would not involve any activity, process, materials,
equipment or methods of operation that would be dan-
gerous, hazardous, detrimental, disturbing or cause a nui-
sance to any person or property, because of excessive noise,
glare, smoke, dust, odor, fumes, water of air pollution,
drainage water runoff, vibration, general unsightliness,
electrical interference or other nuisances.
(5) The use would generate only minimal vehicular traffic on
local streets and would not create traffic congestion or un-
safe access on existing or proposed streets.
(6) The use would be served by adequate public facilities and
services, including streets, police and fire protection,
drainage Rtructures, water and sewer systems, schools and
parks.
(7) The use would not create excessive additional costs for
public facilities or services.
(8) The use would maximize the preservation of and incorpo-
rate the site's natural and scenic features into the devel-
opment design.
Supp. No.8 2304
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(9) The use would cause minimal adverse environmental ef-
fects.
(10) The city council may waive any of the above requirements
for a public building or utility structure, provided the
council shall first make a determination that the balancing
of public interest between governmental units of the state
would be best served by such waiver.
(b) The applicant shall have the burden of proving that the use
would meet all of the standards required for approval of a condi-
tional use permit, The city may require the applicant provide, at
his or her cost, any information, studies or expert testimony nec-
essary to establish whether these standards would be met or to
establish conditions for approval. (Ord. No. 648, ~ 5, 7-20-89)
Sec. 36.443. Conditions.
(a) The city council, in granting a conditional use permit, may
impose such conditions and guarantees that it considers neces-
sary, and as supported by the record of the proceedings, to protect
adjacent properties and the public interest, and to achieve the
goals and objectives of the comprehensive plan.
(b) Conditions and guarantees may include but are not limited
to the following:
(1) Controlling the number, area, bulk, height, illumination
and location of such uses.
(2) Regulating access to the property, with particular refer-
ence to vehicle and pedestrian safety and convenience,
traffic control and emergency vehicle access.
(3) Regulating off-street parking and loading areas, including
the number and width of parking spaces.
The location and design of utilities, including drainage.
(4)
(5) Benning, fencing, screening and landscaping, including un-
derground sprinkling.
(6) Compatibility of appearance with surrounding land uses.
(7) Preservation of the site's natural, historic and scenic fea-
tures in the development design.
Supp. No.8
2305
.
~ 36-443
MAPLEWOOD CODE
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(8) Limiting the number, size, location or lighting of signage,
notwithstanding the provisions of article III (sign ordi-
nance).
(9) The location, dimensions and upkeep of open space.
(10) Increasing required lot size, yard dimensions or setback
requirements.
(11) Compliance with any plans presented.
(12) A time limit for review of the permit.
(13) A written a!,'1"eement, cash escrow, letter oCcredit or other
guarantee to ensure that the project will be built as ap-
proved.
(14) Restrictive covenants.
(15) Control of the interior and exterior components of a
building, provided that such condition does not conflict with
the building code. Such components may include, but not
be limited to, the finished exterior materials and installa-
tion of elevators.
(16) Control of potential noise generators.
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Sec. 36.444. Start of construction or use.
The proposed construction must be substantially started or the
proposed use utilized within one year of council approval or the
permit shall become null and void. The council may grant up to
one one-year extension of the permit if just cause is shown. This
requirement shall not apply to PUDs with an approved phasing
plan. Such extension shall be requested in writing and filed with
the director of community development at least thirty (30) days
before the expiration of the original conditional use permit. There
shall be no charge for filing such petition. The request for exten-
sion shall state facts showing a good faith attempt to complete or
utilize the use permitted in the conditional use permit. (Ord. No.
648, ~ 5, 7-20-89)
11
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Sec. 36.445. Permit duration.
(a) All conditional use permits shall be reviewed by the council
within one year of the date of initial approval, unless such review
supp. No.8
2306
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~ 36-446
is waived by council decision or ordinance. At the one-year re-
view, the council may specify an indefinite term or specific term,
not to exceed five (5) years, for subsequent reviews. The council
may impose new or additional conditions upon the permit at the
time of the initial or subsequent reviews.
(b) A conditional use permit shall remain in effect as long as
the conditions agreed upon are observed, but nothing in this sec-
tion shall prevent the city from enacting or amending official
controls to change the status of conditional uses. Any conditional
use that meets the agreed upon conditions and is later allowed
because of the city enacting or amending official. controls shall be
considered a legal nonconforming use.
(Ord. No. 648, ~ 5, 7-20-89)
Sec. 36-446. Permit termination, suspension or revision.
(a) The council may suspend or terminate the permit if the
approved conditions have been violated or the use is no longer in
effect. Where the construction of a building or structure of a mon-
etaryvalue in excess of one hundred thousand dollars ($100,000.00)
has been permitted, the council shall provide for a period of am-
ortization of not less than five (5) years. Where public health,
safety and welfare concerns are threatened, the five.year amor-
tization period is not required and the council may determine the
amortization period, if any, to be allowed. The property owner of
the property upon which the conditional use permit was issued
shall be notified in writing at least ten (10) days before the meeting.
If the proposed termination is based on a violation of conditions,
the property owners within three hundred fifty (350) feet shall
also be notified.. The director of community development may
issue a stop order for work in progress until the council hears the
matter.
(b) The city council may review a permit at any time. If the
council decides to consider adding, dropping or changing condi.
tions, the council shall follow the procedures in section 36-441 for
approving a new permit. The counciLshall not change conditions
unless the conditional use no longer meets one of the standards in
section 36-442 for approving a new permit.
(Ord. No. 648, ~ 5, 7-20-89; Ord. No. 702, ~ 1, 5-11-92)
Supp. No. 10
2307
.
.
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MAPLEWOOD CODE
Sec. 36.447. Reapplication.
Whenever an application for a conditional use permit has been
denied by the city council, a similar application effecting substan-
tially the same property shall not be considered again by the city
for at least one year from the date of its denial, unless the council
directs such reconsideration by at least four (4) votes.
(Ord.No. 648, ~ 5, 7.~lO.89)
Sec. 36.448. Conditional uses to conform to terms and con.
ditions attacbed to granting of permit.
(a) Any use permitted under the terms of any conditional use
permit shall be established and conducted in conformity with the
terms and conditions of the permit.
(b) Any change involving structural alteration, enlargement,
intensification of use, or similar change not specifically permitted
by the conditional use permit shall require an amended permit
and all procedures shall apply as if a new permit were being
issued. All uses existing at the time of adoption of this article
shall be considered as having a conditional use permit. which
contains conditions where permit the land use and structures as
they existed on said date. Any enlargement, structural alter-
ation, or intensification of use shall require an amended condi-
tional use permit as provided for above.
(Ord. No. 648, ~ 5, 7.20.89)
Sec. 36.449. Records.
The director of community development shall maintain a record
of all conditional use permits issued, including information on the
use, location, conditions imposed by the council, time limits, re-
view dates and other information as may be appropriate.
(Ord. No. 648, ~ 5, 7.20.89)
Sec. 36.450. Filing of permit.
A certified copy of any resolution approving a conditional use
permit shall be filed with the county recorder or registrar of ti-
tles. The resolution shall not include the legal description of the
property. Failure to file does not affect the validity or enforce-
ability of the permit.
(Ord. No. 648, ~ 5, 7-20-89)
Supp. No. 10
2308
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c.
Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory but not including any business or
industrial uses. Such accessory uses to include but not be restricted to the following:
. 1. Off-street parking.
2. Public recreational buildings and parks, playgrounds and athletic fields.
3. Signs as permitted in the Brooklyn Center Sign Ordinance.
Section 35-355. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Purpose.
The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land
development and redevelopment, preserve aesthetically significant and envIronmentally sensitive site
features, conserve energy and ensure a high quality of design.
Subdivision 2. Classification ofPOO Districts; Permitted Uses; Applicable Regulations.
a. Upon rezoning for a POO, the district shall be designated by the letters "PUD" followed by
the alphanumeric designation of the underlying zonmg district which may be either the prior
zoning classification or a new classification. In cases of mixed use PUI?s, the City Council
shall, whenever reasonably practicable, specify underlying zomng classifications for the
various parts of the POO. When it is not reasonably practicable to so specify underlying
zoning classifications, the Council may rezone the district, or any part thereof, to "PUD-
MIXED."
b. Regulations governing uses and structures in PUDs ~hall be the same as those governing the
underlying zoning district subject to the following:
1. Regulations may be modified expressly by conditions imposed by the Council at the
time of rezoning to PUD. . 0
2. Regulations are modified by implication only to the extent necessary to comply with
the development plan of the PUD.
3. In the case of districts rezoned to PUD-MIXED, the Council shall specify regulations
applicable ~o uses and structures in various parts of the district.
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c. For purposes of determining applicable regulations for uses or structures on land adjacent
to or in the vicinity of the PUD district which depend on tpezoning of the PUD district, the
underlying zoning classification of PUD districts shall be deemed to be the zoning
classification of the district. In the case of a district zoned PUD-MIXED, the underlying
zoning classification shall be deemed to be the classification which allows as a permitted use
any use which is permitted in the PUD district and which results in the most restrictive
regulation of adjacent or nearby properties.
Subdivision 3. Development Standards.
a. A PUD shall have a minimum area of one acre, excluding land included within the floodway
or flood fringe overlay districts and excluding existing rights-of-way, unless the City finds
that at least one of the following conditions exists:
1. There are unusual physical features of the property or of the surrounding neighborhood
such that development as a PUD will conserve a physical or terrain feature of
importance to the neighborhood or community;
2. The property is directly adjacent to or across a public right-of-way from property which
previously was developed as a PUD and the newPUD will be perceived as and function
as an extension of that previously approved development; or
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3. The property is located in: a transitional area between different land uses and the
development will be used as a buffer between the uses.
b. Within a PUD, overall densitY for residential developments shall be consistent with Section
35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these
standards, provided that density for the entire PUD does not exceed the pennitted standards~
c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to
35-414 and Section 35-700 of this ordinance unless the developer can demonstrate to the
City's satisfaction that alesser standard should be pennitted with the addition of a screening
treatment or other mitigative measures.
d. Parking provided for uses within a PUD shall be consistent with the parking requirements.
contained in Section 35-704 of this ordinance unless the developer can demonstrate to the
City's satisfaction that a lesser standard should be permitted on the grounds of the
complementarity of peak parking demands by the uses within the PUD. The City may
require execution of a restrictive. covenant limiting future use of th~ property to those uses
which will continue this parking complementarity, or which are otherwise approved by the
City.
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. Subdivision 4. General Standards.
a. The City may allow more than one principal building to be constructed on each platted lot
within a PUD.
b. A PUD which involves only one land use or a single housing type may be permitted
provided that it is otherwise consistent with-the purposes and objectives of this section.
c. A pun may only contain uses consistent with the City's Comprehensive Plan.
d. All property to be included within a PUD shall be under unified ownership or control or
subject to such legal restrictions or covenants as may be necessary to ensure compliance with
the approved development plan and site plan.
e. The uniqueness of each PUDrequires that specifications and standards for streets, utilities,
public facilities and the approval of land subdivision may be subject to modifications from
the City Ordinances generally governing them. The City Council may, therefore, approve
streets, utilities, public facilities and land subdivisions which are not in compliance with
usual specifications or ordinance requirements where it is found that such are not required
in the interests of the residents or of the City.
. Subdivision 5. Application aild Review.
a. Implementation of a PUD shall be controlled by the development plan. The development
plan may be approved or disapproved by the City Council after evaluation by the Planning
Commission. Submission of the development plan shall be made to the Director of Planning
and Inspection on such forms and accompanied by such information and documentation as
the City may deem necessary or convenient, but shall include at a minimum the following:
1. Street and utility locations and sizes;
2. A drainage plan, including location and size of pipes and water storage areas;
"3. A grading plan;
4. A landscape plan;
5: A lighting plan;
6. A plan for timing and phasing of the development;
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7. Covenants or other restrictions proposed for the regulation of the development;
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8. A site plan showing the location of all structures and parking areas;
9. Building renderings or elevation drawings of all sides of all buildings to be constructed
in at least the first phase of development; and
10. Proposed underlying zoning classification or classifications.
Such information may be in a preliminary form, but shall be. suffiCiently complete and accurate
to allow an evaluation of the development by the City.
b. The Planning Commission shall hold a public hearing on the development plan. Notice of
such public hearing shall be published in the official newspaper and actual notice shall be
mailed to the applicant and adjacent property owners as required by Section 35-210 of this
ordinance. . The Planning Commission shall review the development plan and make such
recommendations as it deems appropriate regarding the plan within the time limits
established by Section 35-210 of this ordin~ce.
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c. Following receipt of the recommendations ~fthe Planning Commission, the City Council
shall hold such hearing as it deems appropriate regarding the matter. The City Council shall
act upon the development plan Within the time limits established by Section 35-210 of this
ordinance. Approval of the development plan shall constitute rezoning of the property to
PUD and conceptUal approval of the elem~nts of the plan. In addition to the guidelines
provided in Section 35-208 of this ordinance, the City Council shall base its actions on the
rezoning upon the following criteria:
1. Compatibility ofttie plan with the standards, purposes and intent of this section;
2. Consistency of the plan with the goals and policies of the Comprehensive Plan;
3. The impact of the plan on, the neighborhood in which it is to be located; and
4. The adequacy ofintemal site organiiation, uses, densities, circulation, parking facilities,
public facilities, recreational areas, open spaces, and buffering and landscaping.
The City Council may attach such conditions to its approval as it may determine to be necessary
to better accomplish the purposes of the PUD district.
d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant
to Section 35-230 of this ordinance. In addition to the information specifically required by
Section 35-230, the developer shall submit such information as may be deemed necessary
or convenient by the City to review the consistency of the proposed development with the
approved developm.ent plan.
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The plan subniitted for approval pursuant to Section 35-230 shall be in substantial
compliance with the approved development plan. Substantial compliance shall mean ~t
buildings, parking areas and roads are in essentially the same location as previotlSIy
approved; the number of dwelling -units, if any, hasnot increased Or decreased by more than
5 percent; the.fIoor area of nonresidential areas has not been increased or decreased by tnore
than 5 percent; no building has been increased in the number of fIoors;open space has not
been decreased or altered from its original design or use, and lot coverage of any individual
building has not been increased or decreased by more than 10 percent. '
e.
Prior to construction on any site zoned PUD, the developer shall execute a developm~~t
. agreement in a form satisfactory to the City. . .
f.
Applicants may combine development plan approval with the plan approval. required by
Section 35-230 by submitting all information required for both simultaneously.
g.
After approval of the development plan and the plan approval required by Section 3S-23(),
nothing shall be constructed on the site and no building permits shall be issued except in
conformity with the approved plans.
h. If within 12 months following approval by the City CO'Ullcil of the development plan, no
building permits have been obtained or, if within 12 months after. the issuance of building
permits no construction.has commenced on the area approved for the PUD . district, the City
Council may initiate rezoning of the property.
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1. Any major amendment to the development plan may be approved by the City Council
following the same notice and hearing procedures specified in this section. An amendment
shall be considered major if it involves any change greater than that permitted by subdivisi~~;
5d of this section. Changes which are determined by the City Council to be minor may fie .....
made if approved I;>y the Planning Commission after SUch .notice and hearing as may be
deemed appropriate by the Planning Commission..
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