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02-13-12 PC Agenda � AGENDA ' Planning Commission Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Chambers , Monday, February 13, 2012 7 pm 1. Approval of Minutes January 23, 2012 Regular Planning Commission Meeting 2. Informal Public Hearing — Planned Unit Development Amendment— Preliminary Plan —4900 Triton Drive (Eldridge 3`a Addition) — PU-109 Applicant: A.K.A.R.E. Companies, LLC — Rob Eldridge Lakewest Development Co, LLC — Curt Fretham Addresses: 4900 Triton Drive Purpose: To allow the applicant to divide one single family residential lot into five single family residential lots. --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings 4. Other Business 5. Adjournment ` '�his�acu��s a�r��E��ii��It�rnat�#�rmats upon a 7�-h��r r�que�t�P[�a��H ; �' 7f��-59�&pQ6(1°!1!:76�=��-��f�}t�rnal��a're�u��t. �xamples�tf altern�te#pr�ats : ma�+include larg�print,electranic,Br�iiEe,audi�casse#�e,etc. Regular Meeting of the Golden Valley Pianning Commission January 23, 2012 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, January 23, 2012. Chair Waldhauser called the meeting to order at 7 pm. Those present were Planning Commissioners, Cera, Kisch, McCarty, Schmidgall, Segelbaum and Waldhauser. Also present was City Planner Joe Hogeboom,X Planning Intern Bryanna Vidden and Administrative Assistant Lisa Wittman. Comr�t��ica�er Kluchka was absent. � ° '`� �� 1. Approval of Minutes � � �� `� = ��'��. �� November 14, 2011 Regular Planning Commission M�etinc�p�� MOVED by Schmidgall, seconded by Segelbaum and �nQ#!pn c��ried u�j�nimously to approve the November 14, 2011 as submitted. �� 3> �� €��r '�� ; , �'f `��' >' ; .. 2. Informal Public Hearing — Planned Unit.Development Amendment— Final Plan —7200 Wayzata Blvd, Lupienh��rtfin�ti — PU-66:Amendment#4 �p��a�; ' Applicant: Lupient Infiniti ��, �� , __ . Addresses: 7200 Wayzata:Boulevard` �.: Purpose: To allog ��mr�t�e ��iansion of the showroom and entry of the Infiniti deal��iip plus a car wash addition to the north end of the building. ;� Hogeboom reminde�� e Co�� `ission that they reviewed the Preliminary Plan for this proposed PUD Amer�� at��a'�ir November 14, 2011 meeting. He referred to the site plan and noted��hat th%' a ��i�: r��Fias added the striped walkway in the parking lot as requested by the��?�an�� Commission and that they've also submitted a landscape plan per the City�ouncil's=request. � , �� z ��,=x Segelbaur�� s��C 4if sta`ff has looked at the maintenance of the private roadway as was di��ssed a�the`f�c�vember 14 Planning Commission meeting. Hogeboom said the road was inspected and that there were some potholes, but no major maintenance concerns. co . b�F� Segelbaur�i�a��sked if staff wrote a review of the landscape plan recently submitted. Hogeboom said staff did review the plan but did not write a staff report. Ken Nordby, NAI Architects, showed the Commission pictures of the existing building and pictures of how the building will look with the addition of the car wash, expanded entry way and glass feature wall. Waldhauser referred to the west side of the building and asked if there has been any thought given to installing deep-rooted plants to help with water run-off issues. Minutes of the Golden Valley Planning Commission January 23, 2012 Page 2 Jeff Lupient, Applicant, stated that five or six evergreen trees were planted on the west side a couple of years ago to help with the water issues. Waldhauser opened the public hearing. Stacy Hoschka, 6400 Golden Valley Road, asked if the rain spouts on the building are directed toward the green space. Lupient explained that most of the water goes to the west toward the green;��ace. He stated that they also put in a curb along the west side of the property a�ndether�� a culvert that runs into a rock basin and then into the street. �$ �� s Seeing and hearing no one else wishing to comment, Waldhau�er clo��d th�pub�'ic hearing. ° �� "" � � �, 3 �.� �.�,� �I�� E �_ Kisch stated he feels the a licant has incor orated eu� thin `� at��iv�� asked of them. pp p z<<Y 9�� ,�� The Commissioners agreed. '�� ° ��E�E��Ee �� , ' °s��,�: . MQVED by Kisch, seconded by Schmidgall and r�otion carried unanimously to recommend approval of PUD #66, Amendrr��t#�to allow��r the expansion of the showroom and entry of the Infiniti dealersk�i� ��t�s �=c�r wa��, addition to the north end of the building subject to the following cor�i�i�ions: :,�� '�� , ; 1. The plans submitted with the#ra�plica�ior� ��all become a part of this approval. These plans were prepared by NAI Archite�� an��clude the following: existing and demolition site plan, pro � � sEt�,�`Ian, exis�ing floor plans, orientation plans, floor plan — building A, floo�-��an� �uifc��ng B, exterior elevations and landscape plan. 2. All recommendations'�� re��iiremei�'�s outlined in the memorandum from Deputy Fire Marshal Ed Andersbr�[,t�Mark Grimes, Director of Planning and Development dated Septembec 2T, 2011` ��II become a part of this approval. 3. All signs on�t�e prq�e � ��us°�neet the requirements of the City's Sign Code. 4. This approva�� su��to a�l�other state, federal, and local ordinances, regulations, � or laws��u�� au��it��ver this development. �� s��;��t `�i��, 3. In�'�'� �� . ublic�Hearing — Planned Unit Development Amendment— � Preli�' a��Plan — 123 Ottowa Ave. N., Breck School — PU-88 Amendment#1 �� } A��li�car�t: Breck School Address: 123 Ottawa Avenue North Purpose: To allow a portion of the existing finro-story building (the upper school) to be demolished and replaced with a new four-story building. Vidden gave a brief history of the site and explained the applicant's proposal to demolish and rebuild their upper school building. The proposed new building will include a renovated media center, consolidation of administrative services, additional small-group Minutes of the Golden Valley Planning Commission January 23, 2012 Page 3 meeting space and updated mechanical and electrical systems. She stated that horizontal expansion of the buildings is limited by wetlands, floodplain and the existing athletic fields. She added that there is no planned increase in enrollment and this is the first phase of a larger project. She showed the Commission a rendering of the proposed new building and noted that the new building will be 70 feet in height compared to the existing chapel bell tower which is 96 feet in height. Segelbaum asked if staff believes Breck manages traffic satisfactorily. Vidden stated that the amount of traffic should not change as a result of the proposed cons#�� n because Breck's enrollment is expected to stay the same. Hogeboom added that the P�� ic Safety Department works with Breck regarding traffic management and th ci�r��tructio�i��i�-affic will be managed during the building permit process. ��' � . �� Segelbaum asked if staff requested the proposed green roo�� l��n stated tFi��the City did not request the green roof, Breck proposed it. Hogeboom ��d�t��that be��use Breck is not proposing to expand the footprint of the building�by more �han '�0°la they will not be � required to go to the Bassett Creek Watershed Man��geri�entil�o�mission for review. �� ` �� _ _ °= ��r; Wendy Engelman, Business Manager, Breck Sc�;ool, said=t�ey are very excited about this project. The proposed changes will better fit their��urriculum'':and they will work with the City to address any traffic and safety con�erns : '�_,�� # �� a;,; �,;� Waldhauser referred to an email sent�b,� a��ig�t�o�� oncerned about the hours of construction. She asked if that issu�� wil��be � dressed during the building permit process. � Hogeboom said the hours of co��ructi��i�can��addressed during the building permit process and the City will wo ��r�th`RBreck at that�time, however, the City's noise ordinance typically allows noise frorn��'��am�� 10 pm. $� ,� a� Cera asked about th�,next p�t�se of the project. Engelman stated that future plans call for a similar addition to�e �vest fortk�e middle school. 5 �z ��. �� _ � Kisch asked if t�iere is a�y�way��o shrink the floor to ceiling space so that the building is not so tall,��3�� . ��} Dick Stra�� u�� Owner�s�Representative, explained that they have been working with th�i� archit�� r��arding the height of the building because they have the same con��ns. He explamed that the future phases will b� kept at the same height and the buildin�',�will "s�ep back" so as not to feel overwhelming. Engelman agreed that the height of the bui��c�iri��is a concern and noted that the chapel is the main focal point of the school. Kisch asked about the type of construction being proposed. Strassburg stated it will be steel construction. He explained that the classrooms will have 10-foot high ceilings with an additional 2 feet for mechanicals. McCarty questioned the need to double the space if the enrollment is not expected to increase. Engelman reiterated that the proposed addition will have small group meeting Minutes of the Golden Valley Planning Commission January 23, 2012 Page 4 and tutorial space, seminar rooms and media space as well as additional classroom and lab space. Schmidgall questioned if it is within the Planning Commission's jurisdiction to question Breck's design and program issues. Waldhauser opened the public hearing. Barbara Busick, 4736 Glenwood Ave, said she assumes construction wil��start in the ��,� summer and asked how long construction will last and if there would t��consfrt��tion on weekends. Hogeboom said construction would probably start in Ju�e.�£ ��, �� ', Busick asked if there is a process to inform the neighborhood-�bout th� �time co��ruction will occur. Hogeboom said there is no process however staff�wilf be,�iorking with the applicant on construction hours and traffic issues. Busick asked if it� ould �telp to call the City with her concerns before building permits are issu� Waldhaus�� ggested Busick email or write her concerns to Hogeboom. Waldhaus�r �s�,noter�;that t�here will be three � more public hearings with opportunities for neighk�ar�`�f��p�pres�� ir concerns. Busick suggested that Breck use multiple streets for th�ir constru��tion tra�Fic in order to spread it out. � � �� &'� ` ��' Douglas Weiss, 400 Natchez Avenue Nc�,rth, sa��,�i he is c��cerned about the building height and his view being changed Hs s��„��ic�i�Id like to see drawings of how the building will look and that he wou(t��i�a��i�r s�e.a three-story building instead of a four-story � b building. � ,,�a� `'}�,F, � �� ,r ,� . �=�,E� i�� . Stacy Hoschka, 6400 Golden Va��y ��d, asked if Breck will be required to submit a Stormwater Managemen��Pl�n ara�l whc��ould review the�plans. Cera noted that the City Engineer will requir� ��reck tc� �ubmit a Stormwater Management Plan and obtain a Stormwater Manage��a��Perr�� T �;�: �g � �a��=��rr Seeing and hea�� no'��e els��wishing to comment, Waldhauser closed the public hearing �� McCarty'��d h��,is concerned about the height of the building. He said he thinks the prQ�osed h�i�ht�v�iould be more appropriate if their enrollment was increasing. Kisch agre� He commended the d.esign and said it is a great project to move forward on, but he wo�u�� like ��eck to push their architect to reduce the height. He said he would also like £�K to see m� ��r�iculation on the east and west sides of the building. Segelbaum said he supports the proposal and is pleased to see Breck investing in the community. He added that he is concerned that traffic may increase with the amount of added space. Cera said he doesn't believe that the construction traffic will be anywhere near the current morning and afternoon traffic. He said he is in favor of the proposal and he likes the green roof and that the footprint of the building is not expanding. Minutes of the Golden Valley Planning Commission January 23, 2012 Page 5 MOVED by Cera, seconded by McCarty and motion carried unanimously to recommend approval of the proposed Preliminary Plan for PUD 88, Amendment#1, Breck School subject to the following conditions: 1. The plans submitted with the application shall become a part of this approval. These plans were prepared by Holabird & Root and include the following: G1-3 site plan, G1- 9 green roof& ground coverage diagrams, G1-10 overall 100, 150 & 200 level floor plans, A2-1 foundation floor plan, A2-2 100 & 150 level floor plan, A2-3 200 level floor plan, A2-4 300 level floor plan, A2-5 400 level floor plan, A2-6 500 Ie��I��oQf plan, penthouse plan & 600 level penthouse roof plan, A2-7 150 north cl ��oom;renovation floor plan, A4-1 and A4-2 building elevations, A4-5 building secti�an��ew upper. school elevations and diagram comparing height of existing chapel bel��wer and proposed new building. ' j�� ,.. � � 2. The recommendations and requirements outlined in the memo frorri `Deputyi Fire a�� Marshal Ed Anderson to Mark Grimes, Director of Planning and Qevelo��nent dated January 10, 2012, shall become part of this approva��z�.e �$�� 3. The recommendations and requirements outlined�.ian t��e memo.from Public Works Specialist Eric Eckman to Mark Grimes, Direc��i��f��l�nning�n� Development, dated January 13, 2012, shall become a part of this;approva(:; :_ 4. All signs on the property must meet the r��Fuir�' ents of t�ie City's Sign Code. 5. This approval is subject to all other state,$�ft�er�; and I q�al ordinances, regulations, or �R�� laws with authority over this developr��nt �,� �f ;��iF�� 4. Informal Public Hearing -��oning ��e Text Amendment—Amending Section 11.70 "Off-Street Parkir�t�'and L;Qadin��Regulations" —ZO00-89 �� ..:. � ��.�� ;� . Applicant: City o��old��Va��r# �� :,�� Purpose: x� cons��amending the amount of parking required for certain `�� ,, �� ,�,� � _� , � �?��'�t�� :�. Vidden stated that she`��ii�ied ��e City's parking requirements in response to a request by the Pla��ai,ng Cot�t��nis�ion to determine if Golden Valley requires too much parking. �� ; � ��"' E �% She discu�sed�er stud�ewhich included comparisons with other cities and explained that staff is rec��mend=ing to amend the parking regulations to require fewer parking spaces m ni�� of the u�e categories. � � .��,. �€�� Waldhauser��ked for examples of which properties would be impacted by the proposed amendments. Vidden stated that her study showed that Golden Valley is on par with other similar cities. Waldhauser referred to the parking requirements at ball fields. She stated that ball fields are heavily used and there may be complaints about there not being enough parking spaces. Kisch agreed and said currently the City tends to approach parking as requiring a minimum amount rather than a maximum amount. He referred to Walgreen's recent variance request for fewer parking spaces than required because they didn't feel they Minutes of the Golden Valley Planning Commission January 23, 2012 Page 6 needed as many as the City Code required them to have. He said he likes parking language that puts more emphasis on a use and puts a cap on the number of spaces allowed rather than a minimum. Segelbaum asked if comments or complaints regarding parking could be examined. Hogeboom stated that comments or complaints are dealt with on a case-by-case basis and that there isn't a data base kept on file. Cera referred to the requirements for ball fields which states that 1 space3is cequired per 6 seats. He questioned how "seats" are considered when there are no b�r�ches c�;��y bleachers. He also questioned the requirements regarding gas stations�and if a s�rvice stall or a space at the gas pump is counted in the parking totals.��questioned if��e numbers proposed for gas stations were inadvertently raised it��#�ead ��lovi�ered =;He suggested ball fields and gas stations be looked at again. . �� ° �o�� s; � h Hogeboom said he would talk to the Park and Recreation Departme��ut the parking ¢�� at ball fields in order to get a better idea of how many sp��to��quire°. �(��a � ��a�i��a McCarty referred to the "adequate plan" languag��1 and asked how that is defined because it seems ambiguous. �� Schmidgall said he thinks this draft was�i'�nice.��Fort and��is'"�moving in the right direction. He added that the City almost always redu� e��h��unt of parking required for developments when asked to do,�p H�:�ai��e would be inclined to recommend approval of these proposed changes and��Ce ancifher I'�t�k at it in the future if needed. .�� Waldhauser opened the p��lic hearir�� _ �i ��5= `',' Stacy Hoschka, 640� .Golde�� iley Road, referred to Meadowbrook School and stated that it is unique beca��se it is al�� a community center. She questioned the number of parking spaces�requireti for;th��s��two uses. She added that parking is a really big problem at Mead��vbrac�k and t�ere aren t nearly enough parking spaces. ��'"�31 �� ' Hogeboom° �ain�d��hat the regular parking requirements in the Zoning Code don't a I at`�VI a � brook because it is a PUD. Therefore the PUD Permit would dictate the pp Y �� ° parking re�t��r��nts. � ,.� Seeing �nd he� �ring no one else wishing to comment, Waldhauser closed the public hearing. �`: �`�� g Waldhauser said she would like to have staff provide some examples of properties where adjustments could be made and examples of properties where there aren't enough parking spaces or where there are too many parking spaces. Hogeboom said that staff will assign specific businesses to Planning Commissioners to review over the next several weeks. Commissioners will be asked to look at whether or not there is adequate parking onsite, whether or not snow is stored in the parking lot and if parking lot usage increases or decreases at different times of the week. Staff will revisit parking regulations with the Minutes of the Golden Valley Planning Commission January 23, 2012 Page 7 Planning Commission at a later meeting to see whether or not the Commission recommends making additional changes MOVED by Segelbaum, seconded by Kisch and motion carried unanimously to table the discussion regarding amending the Zoning Code Section 11.70 "Off-Street Parking and Loading Regulations" 5. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals and other Meetings �� '° ��: Waldhauser reported on the Bottineau Transitway open house she att� �ed on�January 23 and reminded the Commission that there will be a joint meeti ,��ivith�ll`�;City C��uncil, Environmental Commission and Open Space and Recreation , ��mmission or� J��uary 30. � � �..: � �� a � � �� _ � 6. Other Business � �� '�� , ��. _ �� .a �� , Waldhauser stated that she attended Planning Corr�m�iss�ir�er traming��n�d she would like to review it with the rest of the Commission. The�orii�i��ion��gre�d that meeting on a scheduled meeting night would work best. (��1 � �� a�� 7. Adjournment ��,� ��{ �,� s� h�� 8� �. RA9 A � @ The meeting was adjourned at 8:25 pm ��;�� ; � �� _�;. _.; 'a� �� e= �� y�� David A. Cera, Secretary� ��aA � � �� ' ��, ��e. ��' <a��: �,�� ,: �s�� , @ �xa `��c� � �� Cl�� t�� ii Planning Department 763-593-$095/763-59�-s�a�{fax) .� �� ._ � - -� w-. �. =..,. � �-��,��w�_ : ��r�. ;u��:�: _ n�,� ��i�iii,��.� Date: February 9, 2012 To: Golden Valley Planning Commission From: Mark Grimes, Director of Planning and Development Subject: Preliminary PUD Plan–Eldridge 3'd Addition, PUD No. 109–(Triton Ave. north of Perry Ave. N.) —A. Kare Companies, LLC,Applicant -' �m��_=.: � "".!, .x � '�: ° ::.�,.... BACKGROUND Late last year, A. Kare Companies acquired the property at 4900 Triton Dir. The property is approximately 2.2 acres in area. The property currently has one vacant single-family home on it that was constructed in the late 1940s. The property consists of six lots. Four of the lots make up the north portion of the property. These lots did have frontage on Lowry Terrace prior to the vacation of Lowry Terrace. Two of the lots are along Triton Dr. These lots are the primary location of the existing home and u-shaped driveway serving the house from Triton Dr. The applicant would like to tear down the existing home and develop a five lot Planned Unit Development (PUD) for the construction of five single family homes. The property is designated on the General Land Use Plan map for low density residential development (five units or less per acre). The property is zoned R-1 single-family which allows single family lots with a minimum lot size of 10,000 sq. ft.This area of Golden Valley is primarily single family homes. The houses in the surrounding neighborhood were mostly constructed in the 1950s and 1960s. The 2.2 acre site is surrounded on all sides by single family homes as indicated on the attached map. There are two homes that face Triton Dr. that are east and west of the existing house to be removed.The other homes surrounding the site are on Orchard Ave. N., Quail Ave. N. and Lowry Terrace. A total of 10 homes fully or partialiy border the site. There are two homes that are across Triton Dr. from the property. Staff has walked the site and suggests that the Planning Commission also take the opportunity of limited snow cover to visit. There are a number of specimen and significant trees on the site, especially on the north end. It is the intention of both the developer and the City to maintain as many of these trees as possible on the site. The trees enhance the proposed lots and the entire neighborhood. The site also has a fairly steep drop-off from south to north. The property elevation at the south end of the site is about 890 feet.The elevation of the site at the north end is about 860 ft. or a 30 ft. difference in elevation. DESCRIPTION OF PROPOSAL The developer is proposing to create a PUD that would consist of five single family lots served by a cul-de-sac. The cul-de-sac street would be a public street and be constructed to City standards. The five lots would all exceed the minimum lot size requirement of 10,000 sq. ft. In fact,the three north lots average about 20,000 sq. ft. in area. The two south lots are 10,600 sq. ft. and 11,200 sq.ft. in area. There is also proposed to be Outlot A just east of the street. The outlot would have a three foot high boulder retaining wall that is required due to the elevation of the street chosen by the developer. (The retaining wall may go away or be reduced if the elevation of the street is changed as per the City Engineer recommendation.)This outlot is proposed to be owned by the developer but maintained by the owner of Lot 5. The City does not want to maintain the outlot or wall so that is why it will be made the responsibility of the owner of Lot 5. If the property at 4824 Triton Dr. would like to develop the rear portion of that lot in the future,the owner of Outlot A can sell it to the owner of 4824 Triton in order to gain access to the cul-de-sac and provide additional square footage to make a second lot large enough to meet zoning code standards (10,000 sq. ft.). As indicated in the attached memo from City Engineer Jeff Oliver, PE, he is recommending approval of this approach to development with the conditions listed in his memo. The most significant deviation from the developer's approach and the approach recommended by Mr. Oliver is that the elevation of the cul-de-sac be raised to eliminate the need for the retaining wall on Outlot A. By raising the cul-de-sac, there may be the need for retaining walls in the rear yards of the north three lots. However,the need for retaining walls would be based on the future homeowner's home style choice (walkout, lookout, full basement, etc.). The recommendation is also for the custom grading of each of the lots at the time of home construction. This will allow for the homeowner to make the decision about saving trees relative to house design. With the use of custom grading, there is the possibility of saving more trees. Also,the increased elevation will probably eliminate the need for grinder pumps on the lower level of the three north homes. The plumbing code strongly discourages the use of grinder pumps and suggests looking for ways to eliminate their need. The memo of the City Engineer outlines other concerns that must be addressed including grading, storm water management, utility plans, and tree preservation. The recommendations of the City Engineer will become a part of the Planning staff's recommendation. The five lots all exceed the minimum area requirement of 10,000 sq. ft. As part of the PUD, the developer is asking for reductions from the R-1 setback and lot width standards. The lots do not meet the lot width requirement at the front setback line (80 ft.), the 35 ft. front setback from the right-of-way line and the side setback requirement of 12.5 ft. The developer is proposing to allow the lots to all have a ten ft. side yard setback (with no increase in setback for building height over 15 ft.) and a front yard setback of 25 ft. The height of the houses could not exceed 28 ft. as permitted by the zoning code for the R-1 zoning district. Construction could occur anywhere within the setback area shown on the site plan. These lots will all be controlled by the builder/developer A. Kare Companies LLC. The intent is for the lots to be sold by the builder as a package. JUSTIFICATION FOR CONSIDERATION AS A PUD The zoning code states in Section 11.55 that the PUD process is an optiona) method of regulating land use to permit flexibility in uses allowed, setbacks, height, parking requirements, and number of buildings on a lot. In the case of the subject PUD application, the City staff has determined that it qualifies as a PUD and all necessary information has been submitted for review to City staff. The staff has reviewed the 12 purpose statements of the PUD section and believes that this proposal consistent with them. In particular,this proposal will encourage the preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, waterways wetlands and lakes. The developer could have proposed additional lots beyond the five proposed that may have met the minimum requirements of the zoning code but would have required the removal of more trees, mass grading of almost the entire 2.2 acres and harm to steep slopes. The moving of the lots as far to the south as possible will help to minimize specimen tree removal and minimize grading on the entire site. As part of the PUD, the developer has proposed five lots that would not qualify as lots under the R- 1 zoning district. Therefore, the developer has chosen to use the PUD process which allows for alternative methods of land development. In this case, the lots will have a 25 ft. front yard setback, a 10 ft. side yard setback that would not increase with height and lot width less than 80 ft. at the front set back line. The maximum height of houses would be 28 ft., the same as in the R-1 zoning district. The cul-de-sac meets City standards for streets in terms of size and width. (The lot at the corner of the cul-de-sac and Triton Dr. would be setback 35 ft. from Triton Dr.) RECOMMENDATION The role of the Planning Commission as part of the PUD process is to determine if the proposal is consistent with the Intent and Purpose provisions of the PUD chapter and if the proposal meets the general development principles and standards adhered to by the City. The staff does believe that the development of this property by a PUD is the appropriate method for the development of this property. The proposed five lot PUD development reduces tree loss and minimizes grading when compared to a more standard development practices. In this PUD development,the changes from standard zoning are minimal. Each of the five lots exceeds the minimum lot size in the R-1 zoning district. In order to achieve the more compact development scheme,the lots have to be "pushed" to the south which reduces the width of the lots. In order to accommodate the reduced width, the developer is proposing a reduced front setback to 25 ft. (standard is 35 ft.) and side setback to 10 ft. (standard is 12.5 ft.). The developer is also proposing that the side setback not be increased as the height of the house increases up to the maximum height of 28 ft. The street that is to be constructed meets City standards. The development will also be subject to all other City requirements such as storm water management, ponding, and tree preservation. Since this is a PUD, the developer will enter into a PUD agreement along with a development agreement for the construction of the street and other public improvements. Staff is recommending approval of the proposed Preliminary PUD request subject to the following conditions: 1. The recommendations and requirements outlined in the memo from Deputy Fire Marshal Ed Anderson to Mark Grimes, Director of Planning and Development dated December 28, 2011, shall become part of this approval. 2. The recommendations and requirements outlined in the memo from City Engineer Jeff Oliver, PE, to Mark Grimes, Director of Planning and Development, dated February S, 2012, shall become a part of this approval. 3. All signs on the property must meet the requirements of the City's Sign Code. 4. The Preliminary PUD Design Plan packet for Eldridge 3�d Addition PUD No. 109 prepared for A. Kare Companies LLC by Terra Engineering, Inc., Sheets 1-10 shall become a part of this approval subject to amendments required by the City Engineer as noted in his memo to Mark Grimes dated February 8, 2012. 5. The five lots within the development shall be subject to the setbacks shown on Sheet No. 4. No house shall be higher than 28 ft. as stipulated in the zoning code. However, the side setback noted on the plan shall not increase with the increase of house height. 6. The proposed Eldridge 3rd Addition PUD No. 109 is consistent with the Intent and Purpose provision and other PUD requirements and principles and standards adhered to by the City. 7. If the developer would like to construct a model home and have public access to it prior to completion of the street, it must be done in a manner approved by the Building Official and Director of Inspections. 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. ATTACH M ENTS Location Map (1 page) Project Narrative dated December 23, 2012 (5 pages) Memo from City Engineer Jeff Oliver dated February S, 2012 (7 pages) Memo from Deputy Fire Marshal dated December 28, 2012 (1 page) City Code, Section 11.55: Planned Unit Development (16 pages) Preliminary PUD Plans dated December 22, 2011, revised January 18, 2012 (11 oversized pages) 3�� s�o�; � 3a�o �s�o a�to �ss� as�z �a�� s� �x�� r�o � t . � � �s�s �s�� .... .. �. �. .�� .� ._. ..... _..�.._.. _. .�. _i ._ .�..,�.._. ... �,.._. _._._,33rc1 Av.N. _.. .� ... _ ._. �. � _ ... .�.. _ _ _ .... ...... ._. _. .... � � `.. �St2 3313 32�9 l 32�8 50Q7 �911 � � #927 47G1 �7�7 � � d845 4$31 48�7 � 327� � 33�8 33fl9 32�5 � 32� 32$'I � # ! ,q 3�70 � 328d! 3349 � ,�1EI 33Q1 32�9 �a�+ 324ti `m 9 � � 3271 Q g �25� E � � 32�Bi1 � 32� �-—.'.A�ttAv�e'°0_ �231 � 323t1 3��1 � 49.±4€! 4910 �'� �� '�8lfl �� #tl � �$�tl 3�35 3221 0 i 3��4 � 32Zt1 32,A1 � � 32,�fl � � �- _ �..��T��""� - � I 92ffi7 „., -^' ��2� 5233 � � ,.-'" � T..._� � 12�� 3211 ! 32t1i� l ,,.° d843 "� ' ��`� �� Subject Property '�'� '�'� 5t2D � 5U42 �� 32t11 � 49SS t I � £ � I 1 I 3�d19 S2i11 �.., ._ .,» _. ��l.d6wCjt'Y��w .... _. _.. ._. . .. � � r r,,�. �� w.. .......,.L:iS1Aea']t 7�r. 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Golden Valley,MN 55427 Re: PUD PROJECT NARRATIVE Fretham 13th Addition PUD 4900 Triton Drive,Golden Valley, MN TE#11-110 Dear Mark: On December 20, 2011, we had a Pre-Application Conference with the City staff to discuss our proposed Fretham 13t''Addition Planned Unit Development(PUD). Based on input from City staff we have prepared our Preliminary PUD Design Plan (Sheets 1-10, dated 12/22/11) and this Proiect Narrative for your review and approval. EXISTING CONDITIONS: The site is located at 4900 Triton Drive in the northeast area of Golden Valley. The site currently has one older home(built in 1947)on the property that is proposed to be removed. The existing home has numerous structural and mechanical deficiencies, and was deemed not worth saving. The site is 2.204 acres and has the existing home and lawn area on the front side(south); and is sloped and wooded on the rear side (north). The property is currently zoned R-1 Single Family Residential and is surrounded by existing homes and property that are also zoned R-1 Single Family Residential. The existing home is currently connected to City sewer and water, and fronts on Triton Drive that has existing public sanitary sewer and watermains. Per City reyuirements,we have had a tree survey prepared and located all"significant"and "specimen"trees on the property. As noted, the majority of the existing trees are on the north portion of the property. 6001 Glenwood Avenue, Minneapofis, Minnesota 55422 763-593-9325 ��'� Engrnee�ing,[nc. �� t�w�,r�g•cor�,ttir,� The site is relatively level on the south part of the property. The north portion of the site slopes northward to a small depression along the north property line. We have hired a wetland consultant to review the site and he has determined that there are no wetlands on the property. This was confirmed by the City's wetland consultant. PROPOSED PROJECT: As shown in the plans,this site could accommodate a traditional six lot�onforming plat. This confarming plat would meet all City zoning and subdivision requirements, including lot size, setbacks and lot widths. But this six lot conforming plat would also require grading over 93% of the site and removing over 90%of the existing trees. The conforming plat would also have a relatively high imperious coverage of over 31%. Given the intense grading requirements, we are proposing a less dense, compact development for only five single family lots. Our development proposal is to subdivide the property into five single family lots that would be served by a new public cul-de-sac. All five lots would exceed the R-1 Residential Zoning standards for lot size (minimum 10,000 s fl. All lots would be large enough to accommodate moderately sized one level and two story detached single family homes. This project would be less dense,yet more compact,than the traditional conforming plat. As shown in the plans, this PUD would require a smaller front setback(25' vs. 35' standard); and smaller internal side setbacks(10' vs. 12.5' standard). The PUD would also require a smaller lot width as measured at the front setback line (40' vs. 80'). These are the only changes for our PUD from a traditional conforming residential plat. But these few changes allow a significantly more compact and less dense development. There are major grading and tree removal advantages for our PUD plan vs.the six lot conforming plat. The proposed PUD plan would require approximately 1.16 acres of site grading and the conforming plat would require 2.07 acres of site grading(a 44%reduction of graded area). Our proposed PUD project would also require 28 of the site's trees to be removed and the conforming plat would require approximately 55 trees to be removed(a 49%reduction in tree removal). We are proposing five custom designed and built homes for this project. Each home will have three to five bedrooms, and will have either a two or three car attached garage. The final home price will depend on the home's size, amenities and design. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 � � � 1� Engineering,Inc. c�� w�•c,o�,m� PUD PURPOSE AND INTENT: The City of Golden Valley's PUD Ordinance lists eleven typical project standards to help identify the intent and purpose of a proposed planned unit development. The following section will address each of these eleven design standards as they relate to this proposed single family residential development. 1. 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. Today's land planning design standards encourage the use of more compact developments that decrease the project footprint on a site and save more natural areas of the property. This proposed development is designed to accommodate five new single family homes on typical City sized lots but does so on a smaller portion of the total property. 2. Achieve a high quality of site planning,design,landscaping,and building materials which are compatible with the existing and planned land uses. This project will be a high quality development. The public amenities (streets and utilities)will all be designed to City standards and will be publicly owned and maintained. The houses will all be custom designed and built with quality materials to exceed today's new energy efficient standards. 3. Encourage preservation and protection of desirable site characteristics and open space,and protection of sensitive environmental features including steep slopes, trees,scenic views,water ways,wetlands and lakes. Our proposed development is designed to preserve as many of the existing significant and specimen trees on the site as possible. Compared to a standard residential development,this project will save approximately 27 more significant and specimen trees. 4. Encourage construction of affordable housing and a variety of housing types. Since the homes in this project will be custom designed,they will be able to accommodate a variety of potential single family housing types. From one level homes for empty nesters,to two story houses for growing families,there is the ability to meet the needs of a variety of new home customers. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 4 � ��'� En�'ineering,[nc. �� w t��e�•c«�,rc� 5. Encourage creativity and flexibility in land development. Again, due to the compact nature of this proposed development, we can achieve the flexibility to save important site amenities such as the significant and specimen trees on this properiy. 6. Encourage efficient and effective use of land,open space,streets, utitities and other public facilities. Compared to the alternate conventional six lot development that could be accommodated on this site, our project is a much more effective and efficient use of the land. We will save many more of the existing trees, and have shorter public streets and utility lines. This more compact development will be less expensive for the City to maintain during the life of the public improvements. 7. Allow mixing land uses and assembly and development of land to form larger parcels. This project did not require the assembly of land to form into a larger development parcel. The 2.20 acre site is large enough to accommodate our proposed five lot development. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. The project site is surrounded by existing single family homes with R-1 Single Family Residential Zoning. Since this proposed development is also a single family project, it is compatible with all of the adjacent and nearby land uses. 9. Achieve development consistent with the Comprehensive Plan. The City of Golden Valley's Comprehensive Plan calls for this neighborhood to remain single family zoned with detached single family homes. Our proposed development is consistent with the Comprehensive Plan's requirement for single family homes on this property. 10. Achieve development consistent with the City's redevelopment plans and goals. The City's current redevelopment plans and goals emphasize the need for compatibility with existing neighborhoods, and also the need for a variety of residential housing types and styles. This project wi11 be consistent with the existing surrounding single family residential neighborhood but will offer the opportunity for five families to build new homes that suits their particular requirements. 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 Y ` Terr� Enginee�ing,[nc. � �� ta�d Planrdr�•r.onsultlr�g 11. Encourage development that is sustainable and has a high degree of energy efficiency. All of the five new homes in this development will be designed to meet or exceed the current State home building energy standards. The homes will be energy efficient, and depending on the homeowners needs, may be built with a wide variety of energy and cost saving systems. The compact nature of the development will also mean more efficient private yard, and public street and utility maintenance. Based on the above information,we believe that this project will be an asset to not only the immediate neighborhood, but also to the entire City of Golden Valley. It will provide the opportunity for five new families to call Golden Valley their home. We respectfully request review and approval of this single family residential PUD development by the City staff, Planning Commission and City Council. If you have any questions,please call me at 763-593-9325, or email me at PeterKnaeble@gmail.com. Sincerely, ��'��JL �. /�yG�� Peter J. Knaeble,PE Terra Engineering,Inc. CC: Curt Fretham, Lakewest Development Co. LLC Rob Eldridge, Ridge Creek Custom Homes 6001 Glenwood Avenue, Minneapolis, Minnesota 55422 763-593-9325 �t�� C?� Public Works Departrnent 763-593-80301763-593-3988(fax) 7.., a `� �. � _�� ,.��.�� ,, � �.. � i .� h 3 I . , . . �._a�z.,,,». �!k �w�'.a..,,� L . ,,, ---,:r,�;�.�a�,�"�'��ii'�rc�iGN°, , .i-�t..�:.; .. '=� I��N i.'- i ihi�,� ,.at��. . . Date: February 9, 2012 To: Mark Grimes, Director of Planning and Development From: Jeff Oliver, PE, City Engineer Subject: Preliminary Design Plan Review for Eldridge 3rd Addition PUD #109 ��- Preliminary plans for a Planned Unit Development (PUD), to be named Eldridge 3`d Addition, have been submitted for review by A. KARE Companies. The proposed PUQ is located north of Triton Drive, west of Orchard Avenue, south of Lowry Terrace and east of Quail Avenue. This review will focus on the concept of the PUD, with detailed review of final plans performed at the time of final PUD consideration. Site Plan and Preliminarv Plat: The property included within the proposed PUD was originally platted as Woodlawn Park in 1947. The origina( plat included 30-foot wide street right-of-way for Lowry Terrace across the northern boundary. This right-of-way was subsequently vacated by the City and incorporated into the lots within Woodlawn. The vacation of the right-of-way did not include the dedication of drainage and utility easements over the vacated right-of-way. The Woodlawn Park plat did include a platted drainage and utility easement centered on the north line of Lots 6 and 7. Because this easement will be within the new proposed lots, it must be vacated as part of the PUD process. The developer will be required to apply for the easement vacation following preliminary PUD approval and the vacation process must occur concurrently with the final plat. The proposed preliminary plat includes drainage and utility easements that are consistent with the Subdivision Ordinance requirements. The City reserves the right to require larger or additional drainage and utility easements on the final plat based upon the final plans for the development. G:\Developments-Private\Eldridge 3rd Add PUD\PrePUDReview 020$12.docx The developer submitted a plan titled "6 Lot Conforming Plan" as part of the PUD submittal. The intent of this plan is to demonstrate the number of lots and impacts that would occur if the property were developed without a PUD. While the intent of this plan is accurate, it should be viewed with caution due to the nature of the property being considered for redevelopment. The extent of the slopes within this property raise concerns about buildability as shown on this plan, including concerns relating to sanitary sewer service and stormwater management. The proposed preliminary plat includes a 50-foot wide street right-of-way and a 35-foot radius cul-de-sac. The proposed street within this right-of-way is a 26-foot wide roadway and a 30-foot radius cul-de-sac. The 50-foot right-of-way width is the minimum allowed for a residential street in the Subdivision Ordinance and is acceptable as proposed. The proposed cul-de-sac right-of-way and street width is consistent with many other cul-de-sacs within the community and is acceptable as proposed.The Fire Department has reviewed the proposed street and cul-de-sac dimensions and has indicated that the layout is acceptable as proposed. The proposed street within the PUD will be a City roadway following development. The street, and the sanitary sewer,watermain and storm sewer improvements will be constructed as a public improvement project with the developer responsible for all construction and indirect costs for the improvements.The details relating to the public improvement project will be determined as part of the final PUD. The preliminary plat includes an outlot on the east side of the street right-of-way immediately adjacent to the existing home at 4824 Triton Drive. This outlot will be owned by the developer with the intent of incorporating the outlot into a potential redevelopment of 4824 Triton in the future. The developer has proposed that the future property owner of Lot 5 will be responsible for maintenance of the outlot, including the proposed retaining wall, via a maintenance agreement that will be executed as part of the purchase of Lot 5. The developer will be required to enter into a development agreement with the City for this PUD. This development agreement will outline the developer's responsibilities for improvements and costs associated with the development, and will be part of final PUD approval. Preliminarv Gradin� Plan: The proposed PUD is within the Main Stem sub-watershed of the Bassett Creek Watershed and is therefore subject to review and comment by the Bassett Creek Watershed Management Commission (BCWMC). The BCWMC's Requirements for Improvements and Development Proposals outlines that this development must provide nutrient and sediment removal for the stormwater runoff from this site. The required water quality treatment will be provided with ponding, which is located in the lowest portion of the property in the northwest corner of the site. Based upon the preliminary information provided by the developer's engineer, it appears that the ponding is appropriately sized to meet the BCWMC requirements for water quality and rate control. The final determination of stormwater ponding requirements will be part of the final PUD review. G:\Developments-Private\Eldridge 3rd Add PUD\PrePUDReview 020812.docx 2 It has been the City's experience that stormwater ponds constructed with residential developments are full of sediment following home construction. Because the City will be responsible for maintenance of the pond, including future dredging to maintain the water quality volume, the developer will be required to dredge the pond to its designed wet volume following home construction and prior to the pond being turned over to the City. Details regarding this requirement will be finalized as part of the final PUD and development agreement. As proposed, future maintenance of the stormwater pond will be difficult for the City. Access for heavy equipment and trucks from within the development would be via the easement between Lots 4 and 5. This 20-foot wide easement is on a steep slope that will be difficult for loaded trucks to drive up, particularly during the winter when the ground is frozen and pond dredging projects typically occur. Alternatively, access is also available from Lowry Terrace utilizing an existing easement between 4845 and 4935 Lowry Terrace. There is an existing storm sewer within the easement, as well as mature trees, sheds and power poles. As noted, some of these items are unauthorized and will need to be removed by the property owners so that the City can gain access to the pond in the future. The proposed stormwater pond must include vegetated buffer strip above the normal water level. This buffer strip should extend to the northern property line. The extent of the buffer strip for the rest of this pond will be determined as part of the final PUD review. The proposed PUD plans include the installation of storm sewer at the end of the cul-de-sac within the site to convey stormwater runoff from the majority of the site to the proposed pond. Based upon the grade and drainage patterns on Triton Drive, staff has determined that the proposed storm sewer must be extended southward to collect runoff from Triton Drive at the new intersection. This storm sewer extension must be shown on the final PUD plans. The final grading plan must include an emergency overflow swale between Lots 4 and 5. The emergency overflow elevation must be no more than one foot above the top of curb at the catch basin, and must be labeled on the grading plan. The Preliminary Grading Plan submitted as part of the PUD includes grading of approximately 1.16 acres of the 2.20-acre site at the time of street and utility construction. The submitted plan includes lowering of existing site elevation approximately 6.5 feet at the center of the cul-de-sac. The currently proposed lowering of the cul-de-sac also allows the developer to provide building pads to accommodate walkout basements on several of the lots. However, the proposed site lowering also results in the need for a retaining wall within the outlot east of the new street and results in removal of 43.1%of the significant trees existing on site as discussed later within this review. In addition, the lowering of the building pads also results in the need for grinder pumps in the basements of the future homes on Lots 3, 4 and 5 in order provide sanitary sewer service to the lower levels of these homes. G:\Developments-Private\Eldridge 3rd Add PUD\PrePUDReview 020812.docx 3 The City of Golden Valley Planned Unit Development Ordinance (Section 11.55. Planned Unit DevelopmentJ, Subdivision 1. Intent and Purpose, Item A.3, states: Subdivision 1. Intent and Purpose. It is the inrent of this Section to provide an optional method of regulating land use which permits flexibility from the other provisions of Chapters 11 and 12 of the City Code, including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings on a lot and similar regulations. A. The purpose of this Section is to: 3. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental fearures including steep slopes, trees scenic views, waterways, wetlands and lakes. Based upon this portion of City Code, it appears that modifications to the proposed Preliminary Grading Plan may be appropriate to meet the intent of the ordinance. An approach that limits the initial grading on site to the minimum needed to construct the street, utilities and stormwater management facilities required for the development, and provides for "custom grading" of lots and building pads at the time of home construction, should be considered. Other points to be considered with this alternate grading philosophy include: 1. Raising the elevation of the cul-de-sac may eliminate the need for the retaining wall on the eastern plat boundary. 2. The potential increase in house pad elevation may result in the need for retaining walls in the back yards of the new homes. The need for lot specific retaining walls will be determined based upon homeowner decisions regarding home style (look out, full basement, walkout) and the desired amount of"level" area in the back yard of their new home. 3. The custom grading of each lot at the time of home construction will allow purchasers of the lots and homes to make decisions on the home style and design to potentially save trees that may have been removed with overall site grading. 4. The increased elevation of homes may eliminate the need for grinder pumps in the lower levels of the new homes. The development of this site is subject to the City's Stormwater Management Ordinance. A permit will be required for the initial site grading and utility installation, and for each home if the custom grading approach is utilized. The grading plan for the final PUD submittal must be prepared in accordance with City standards and include the location of all temporary and permanent erosion and sediment control measures. G:\Developments-Private\Eldridge 3rd Add PUDU'rePUDReview 020812.docx 4 Preliminarv Utilitv Plan: Sanitary sewer and water service to the proposed PUD will be provided via extension of existing facilities in Triton Drive. There is adequate capacity in the existing system to accommodate the anticipated demand from the PUD. The proposed sanitary sewer and water system will be owned and maintained by the City following construction. As discussed earlier in this review, the installation of utilities to serve this site will be included in a public improvement project. The existing sanitary sewer and water services to the home currently on site will be removed as part of the public improvements for the PUD. The developer will also be required to install a sanitary sewer and water service to accommodate potential future development of the property at 4824 Triton Drive. The location of these services on the Preliminary Utility Plan are acceptable as shown. As previously discussed, the plans submitted for review do not allow for gravity sanitary sewer service for the lower levels of Lots 3, 4 and 5. The developer has proposed the installation of grinder pumps in these homes to provide lower level sanitary sewer service. While building codes allow for pumped sanitary sewer service,the installation of pumps should only be incorporated if there are no alternatives to providing gravity services. As discussed in the Preliminary Grading Plan portion of this review, there are development alternatives available that may allow gravity sewer service to all the homes within the PUD. There is an existing overhead power line crossing the north end of the site within the vacated right-of-way for Lowry Terrace discussed earlier in this report. This power line is located immediately above the proposed stormwater pond, creating hazardous conditions for future maintenance efforts. Therefore,the developer must relocate this power line, and all other utilities located on the power poles, to be underground within the drainage and utility easement on the north plat boundary or within the street right-of-way of Lowry Terrace. While the developer will not be responsible for the conversion of the power services to the lots to the north to underground, coordination with the property owners regarding the potential burial of these services, locations of poles if left overhead, and the locations of any facilities within the City's easement, will be the developer's responsibility. These issues must be addressed prior to submittal of plans for the final PUD. Tree Preservation: This PUD will be subject to the City of Golden Valley Tree Preservation Ordinance. As part of the permitting requirements, the developer has inventoried all of the trees on site. The inventory and plan, which has been reviewed by City Forestry staff, includes a total of 65 significant and specimen trees. Based upon the plans submitted for review, and the grading of the site as previously discussed, a total of 28 (43.1%) of the significant and specimen trees on site will be removed and 37 (57.9%) of the trees will be preserved. G:\Developments-Private\Eldridge 3rd Add PUD�PrePUDReview 020812.docx 5 Based upon a preliminary review,the Tree Preservation Ordinance allows up to 40% of the significant and specimen trees on site to be removed. Based upon the proposed removals, the developer must mitigate for two (2)trees on site. Final determination of removals and mitigation will be part of the final PUD approval process. Based upon the intent of the PUD Ordinance discussed earlier in this review, and the Tree Preservation Ordinance,the implementation of two-phase grading and tree preservation permitting will be beneficial for this PUD. As discuss above, the two-phase grading would include raising the site to minimize the extent of grading on site and allow future homeowners to make decisions regarding tree removal and home design as they deem appropriate. While the end result of this approach may be that the same number of trees is removed following home construction,there is a potential that additional trees can be preserved through informed decision making and home design. The two-phase grading approach will include a requirement for a tree preservation permit at the time of site grading for public improvements, and separate tree preservation permits for each lot at the time of home construction. Summarv and Recommendations: Based upon a review of the materials submitted by the developer and appropriate City ordinances and standards, Public Works staff recommends approval of the preliminary design plan for Eldridge 3`d Addition, PUD#109, subject to the following comments and conditions. 1. All existing platted easements from the Woodlawn Park plat within the boundaries of the PUD be vacated prior to approval of the final plat. 2. A development agreement be included as part of the final PUD approval. This agreement must outline the public improvements and associated cost responsibilities, as well as other requirements placed upon the developer as part of the PUD permit. 3. A maintenance agreement be recorded against Lot 5 that outlines the future homeowners responsibility to maintain the turf and retaining wall within the outlot on the eastern subdivision boundary. 4. Subject to the review and comments of the Bassett Creek Watershed Management Commission. 5. The developer will be required to dredge the stormwater pond to its designed contours following home construction and prior to final acceptance of the pond by the City. G:\Developments-Private\Eldridge 3rd Add PUD\PrePUDReview 020812.docx 6 � � 6. The final grading plan must be prepared in accordance with City standards and specifications and must include an emergency overflow swale on the lot line between lots 4 and 5 as discussed within this review. 7. The developer modify the grading plan to minimize grading and tree removal on site to the extent possible by incorporating two-phased grading as discussed within this review. 8. The developer must place the existing overhead utilities located near the north subdivision boundary below ground as discussed within this review. 9. Subject to the review and comments of the City Attorney, City Planner, Chief of Fire and Inspections and other City staff. Please call me if you have any questions regarding this matter. C: Jeannine Clancy, Director of Public Works Mark Kuhnly, Chief of Fire and Inspections Eric Eckman, Public Works Specialist AI Lundstrom, Parks Maintenance Supervisor and City Forester Joe Hogeboom, City Planner Gary Johnson, Building Official Ed Anderson, Deputy Fire Marshall G:\Developments-Private\Eldridge 3rd Add PUD\PrePUDReview 020812.docx 7 �� ¢�= � � ��' � �� .. � � � �� '�� . � � �� F�� -� g � �� ;g Fire Department �.�� - 763-593-8065/763-593-$098 (fax) , �� To: Mark Grimes, Director of Planning and Zoning From: Ed Anderson, Deputy Fire Marshal Subject: PUD Amendment Application Date: December 28, 2011 I have reviewed the PUD Amendment Application packet for PUD 109 Fretham 13t" addition located at 4900 Triton Avenue North. Listed below are the fire department comments for this proposed development. 1. The fire department access road to the proposed development shall be designed, constructed and maintained to support the imposed weight of the fire apparatus and shall be of an approved hard surface so as to provide all weather capabilities for the access road. 2. The approved surface for the fire department access road shall be installed prior to the issuing of the building permit for the construction of the proposed single family dwellings. 3. The fire department access road shall be wide enough to accommodate the fire apparatus and equipment. 4. The proposed fire hydrant indicated on the preliminary design plan shall be installed in accordance with city regulation and standards. The fire hydrant shall not be obstructed by any posts, fences, vehicles, trash storage, landscaping materials or objects, including electrical or cable transfer boxes or cabinets that would deter or hinder the fire department from gaining immediate access to the fire hydrant. 5. The address numbers for the proposed single family dwelling shall be installed in accordance with city of Golden Valley ordinance. If you have any questions, please contact me at 763-593-8065, or e-mail eanderson(a7goldenvalleymn.qov. § 11.55 Section 11.55: Planned Unit Development Subdivision 1. Intent and Purpose It is the intent of this Section to provide an optional method of regulating land use which permits flexibility from the other provisions of Chapters 11 and 12 of the City Code, including flexibility in uses allowed, setbacks, height, parking requirem�nts, number of buildings on a lot and similar regulations. A. The purpose of this section is to: 1. 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. 2. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. 3. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, waterways, wetlands and lakes. 4. Encourage construction of affordable housing and a variety of housing types. 5. Encourage creativity and flexibility in land development. 6. Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. 7. Allow mixing land uses and assembly and development of land to form larger parcels. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. 9. Achieve development consistent with the Comprehensive Plan. 10. Achieve development consistent with the City's redevelopment plans and goals. 11. Encourage development that is sustainable and has a high degree of energy efficiency. Golden Valley City Code Page 1 of 16 § 11.55 B. This Section applies to all Planned Unit Developments existing in the City on the date of its enactment and all subsequently enacted Planned Unit Developments. Subdivision 2. Applicability A. Optional Land Use Control. Planned Unit Development provisions provide an optional method of regulating land use which permits flexibility in the uses allowed and other regulating provisions including setbacks, height, parking requirements number of buildings on a lot and similar regulations provided the following requirements are met and the PUD plan complies with the other provisions of this and other Planned Unit Development sections. Approval of a Planned Unit Development and granting of a PUD agreement does not alter the existing zoning district classification of a parcel in any manner; however, once a PUD has been granted and is in efFect for a parcel, no building permit shall be issued for that parcel which is not in conformance with the approved PUD Plan, the Building Code, and with all other applicable City Code provisions. B. Uses. Once a Final PUD Plan is approved, the use or uses are limited to those approved by the specific approved PUD ordinance for the site and by the conditions, if any, imposed by the City In the approval process. C. Maintenance Preservation. All features and aspects of the Final PUD Plan and related documents including but not limited to buildings, setbacks, open space, preserved areas, landscaping, wetlands, bufFers, grading, drainage, streets and parking, hard cover, signs and similar features shall be used, preserved and maintained as required in said PUD plans and documents. Subdivision 3. Standards and Guidelines A. Size. There is no minimum lot size. B. Frontage. Frontage on a public street shall be at least one hundred (100) feet or adequate to serve the development. C. Setbacks. 1. Principal Building. No principal building shall be closer than its height to the rear or side property line when such line abuts on a single-family zoning district. 2. All Buildings. No building shall be located less than fifteen (15) feet from the back of the curb line along those roadways which are a part of the internal road system. Some minor deviations may be allowed provided adequate separation is provided through additional landscaping, berming or similar means. Golden Valley City Code Page 2 of 16 § 11.55 D. Private Service Facilities or Common Areas. In the event certain land areas or structures are proposed within the planned unit development for shared 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: 1. Dedicated to public where community-wide use is anticipated. 2. Landlord 3. Landowners or Homeowners Association, provided appropriate conditions and protections satisfactory to the City are met such as formation of the association, mandatory membership, permanent use restrictions, liability insurance, local taxes, maintenance, and assessment provisions. E. Intent and Purposes. A PUD shall meet and be consistent with the intent and purpose provisions and all other provisions of this section. Subdivision 4. Pre-Application A. Qualifications. Application for a PUD may be made only by: 1) the owner of the land involved in the PUD application, or by a duly authorized representative, or 2) an option or contract holder, 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. The City may act as a petitioner on its own behalf or on the behalf of an affiliated governmental body. B. Pre-Application Conference. Prior to filing a PUD application and prior to conducting a neighborhood meeting, the applicant shall meet with the city staff for a pre-application conference. The primary purpose of the conference is to allow the applicant and staff to discuss land use controls, appropriate use of the site, design standards, how the plan will achieve higher quality and meet the PUD purpose and design requirements, the application process, and the general merits of the applicant's proposal. C. Neighborhood Meeting. At an appropriate point during development of a preliminary PUD plan, the applicant shall hold a neighborhood meeting. All property owners within five hundred (500) feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposed PUD, discuss the concepts and basis for the plan being developed and to obtain information and suggestions from the neighborhood. Golden Valley City Code Page 3 of 16 § 11.55 Subdivision 5. Application Procedure — Preliminary PUD Plan A. Application. The applicant shall complete and sign the application and submit a Preliminary PUD Plan. All application requirements must be completed and submitted for the application to be processed. If it is proposed to develop a project during a period which will exceed two (2) years, the applicant may request approval of a Preliminary PUD Plan for the entire project and permission to submit a Final PUD Plan only for the first stage of the project. Separate public hearings and a Final PUD Plan shall nevertheless be required respecting such successive stage of the project as the same is reached. Except to the extent the Director of Planning requires more or less information, the application shall include, but not be limited to, the following information: Source: Ordinance No. 318, 2nd Series Effective Date: 12-31-04 1. Preliminary PUD Plan. A Preliminary PUD Plan of the proposed development illustrating the nature and type of proposed development, shall identify all land uses and proposed square footage, the location of buildings, existing and proposed roadways and accesses, pedestrian ways and sidewalks, proposed parking areas, preliminary traffic volume projections, areas to be preserved, public and common areas, preliminary building elevations including height and materials, preliminary utilities plan, the location of the parcel's boundaries, the net and gross density of the development, the total area occupied by the development, lot coverage, a lighting plan (subject to the requirements in Section 11.73, Outdoor Lighting) and the amenities to be provided and a development schedule. Source: Ordinance No. 365, 2nd Series Effective Date: 3-23-07 a. Preliminary Grading Drainage and Erosion Control Plan b. Preliminary Tree Preservation Plan c. Preliminary Building Code Analysis 2. Preliminary Plat. All data required for a preliminary plat by the requirements of the Subdivision Regulations Chapter of the City Code. This requirement may be waived if the PUD is an amendment to an approved PUD. 3. Narrative. A narrative statement explaining how the proposed PUD will meet the purpose and other provisions of the PUD Ordinance including how it will: Golden Valley City Code Page 4 of 16 § 11.55 a. 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. b. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. c. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes. d. Encourage construction of affordable housing and a variety of housing types. e. Encourage creativity and flexibility in land development. f. Encourage efficient and efFective use of land, open space, streets, utilities and other public facilities. g. Allow mixing land uses and assembly and development of land to form larger parcels. h. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. i. Achieve development consistent with the Comprehensive Plan. j. Achieve development consistent with the City's redevelopment plans and goals. k. Encourage development that is sustainable and has a high degree of energy efficiency. 4. Future Requirements. The applicant is advised to consider the requirement for a Final PUD Plan when preparing the Preliminary PUD Plan. 5. Other. An applicant may submit any additional information which may explain the proposed PUD. B. Planning Department. Upon submission of a completed application, the Planning Department shall: 1. Refer. Refer the appfication to the Departments of Public Works, Public Safety and Park and Recreation for their written evaluations regarding Golden Valley City Code Page 5 of 16 § 11.55 those aspects of the proposal which affect the particular department's area of interest. 2. Notify. Notify by mail property owners within five hundred (500) feet of the PUD, or a larger area to be determined by the City, of the public information meeting. However, failure of any property owner to receive notification shall not invalidate the proceedings. 3. Report. Prepare a report and refer it to the Planning Commission for review at the informal public hearing. C. Planning Commission. 1. Informational Public Hearing. The Planning Commission shall hold an informal public hearing and consider the application for consistency with the Intent and Purpose provisions and other PUD requirements and principles and standards adhered to in the City. The Planning Commission's report to the Council shall include recommended changes, conditions, or modifications. 2. Petitioner. The petitioner, or the petitioner's representative, shall appear at the public information meeting in order to answer questions concerning the proposed PUD. 3. Findings. The findings and action of the Planning Commission shall be forwarded to the Council. D. City Council. 1. The Council shall hold a public hearing, and take action on the application. All property owners within five hundred (500) feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The public hearing shall be called and notice thereof given in the manner required by statute. 2. Findings. The findings and action of the Council may include a request for plan amendments, approval, denial, or other action deemed appropriate by the Council such as referral back to the Planning Commission. E. Findings. Approval of a Preliminary PUD Plan requires the following findings be made by the City. 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. Golden Valley City Code Page 6 of 16 § 11.55 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Compatibility. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Source: Ordinance No. 318, 2nd Series Effective Date: 12-31-04 Subdivision 6. Application Procedure - Final PUD Plan A. Application and Final PUD Plan Requirements. Unless the applicant has obtained City Council permission under Subd. 5(A) hereof to develop a project over more than two (2) years, the applicant shall submit a complete Final PUD Plan within one hundred eighty (180) days of Preliminary PUD Plan approval. Such one hundred eighty (180) day period may be extended for additional one hundred eighty (180) day periods by the City Council in the exercise of its sole discretion subject to such additional conditions as it deems appropriate. The Final PUD Plan shall be consistent with the Preliminary PUD Plan approved by the City Council, as well as the PUD Intent and Purpose provisions hereof. The standards and other provisions of this section shall include, but not be limited to, the following: Source: Ordinance No. 419, 2nd Series Effective Date: 05-29-09 1. Site Plan/Development Plan. Plans of the proposed PUD development which identify all land uses and proposed square footage, the location of buildings, existing and proposed roadways and accesses, pedestrian ways and sidewalks, proposed parking areas, traffic volume projections, areas to be preserved, public and common areas, building elevations including height and materials, preliminary utilities plan, the location of the parcel's boundaries, the net and gross density of the development, the total area occupied by the development, the amenities to be provided and the development schedule. Golden Valley City Code Page 7 of 16 § 11.55 2. Setbacks. Setback measurements from buildings, roads, parking and high use outdoor activity areas to the nearest lot lines shall be shown on the Site Plan. A narrative shall describe these setbacks and provide the rationaie and justification. The City may allow some flexibility in setbacks if it benefits all parties and the environment. Requiring greater or allowing lesser setbacks may be based on uses on and ofF the site, natural amenities and preservation, topography, density, building heights, building materials, landscaping, lighting and other plan features. 3. Preservation Plan. A Preservation and Open Space Plan showing the areas to be preserved and spaces to be left open shall be provided. Preference shall be given to protecting sensitive environmental features including steep slopes, trees, scenic views, waterways, wetlands and lakes. The plan shall include new plantings, fixtures, equipment and methods of preservation. Said plan and information may be included on the Landscape Plan. a. Wetlands and Ponds Guidelines. Wetlands and ponds shall have a riparian buffer strip at least twenty-five (25) feet wide composed of natural vegetation but not an improved and/or fertilized lawn. b. Buffers. Provisions for bufFering the PUD site from adjacent uses shall be included. Natural amenities shall be used to the extent possible and be supplemented by additional landscaping, berms or other features as may be appropriate. Buffers shall be based on the type of uses on and adjacent to the site, views, elevations and activities. BufFers may be included on the Landscape Plan. c. Tree Preservation Plan. A complete tree preservation plan consistent with the PUD requirements and the Preliminary PUD Plan as approved by the City. d. Landscape Plans. Complete landscaping plans showing vegetation to be removed, vegetation to be retained and proposed vegetation. Plans shall include species, quantities, planting methods and sizes. Within any specific PUD, the landscaping may be required to exceed the City's policy on minimum landscape standards. 4. Public Space. Properties within PUDs are subject to the dedication of parks, playgrounds, trails, open spaces, storm water holding areas and ponds as outlined in Section 12.30, subdivision 1 of the Subdivision Code, the Comprehensive Plan, redevelopment plans or other City plans. 5. Transportation and Parking Plan. A complete plan shall be submitted which includes: Golden Valley City Code Page 8 of 16 § 11.55 a. Proposed sidewalks and trails to provide access to the building, parking, recreation and service areas within the proposed development and connection to the City's system of walks and trails b. Internal roads, if any c. Driveways d. Parking, including layout dimensions of spaces and aisles, total parking by use, and a notation about striping/painting the spaces e. Off-street loading for business uses f. A pfan for snow storage and removal g. A plan for maintenance of the facilities h. A calculation of traffic projections by use with assignments to the roads, drives and accesses serving the PUD, including existing traffic volumes for adjacent streets using the most recent counts and/or based on the uses and trip generation estimates i. A description of the alternatives and locations considered for access to the site and the rationale used in selecting the proposed location, width and design of streets, driveways and accesses. 6. Private Streets. Private streets shall not be approved, nor shall public improvements be approved for any private right-of-way, unless a waiver is granted by the City based on the following and other relevant factors: a. Extension of a public street is not physically feasible as determined by the city; b. Severe grades make it infeasible according to the city to construct a public street to minimum city standards; c. The city determines that a public road extension would adversely impact natural amenities; or d. There is no feasible present or future means of extending right-of-way from other directions. e. If the City determines that there is need for a public street extension, this provision shall not apply, and the right-of-way for a public street shal} be provided by dedication in the plat. 7. Private Street Design Standards. Golden Valley City Code Page 9 of 16 § 11.55 a. The street must have adequate width consistent with the Transportation Plan and must be located and approximately centered within an easement at least four (4) feet wider than the street. b. The private street shall be designed to minimize impacts upon adjoining parcels. c. The design and construction standards must result in a functionally sound street in balance with its intended use and setting. d. The number of lots to share a common private access drive must be reasonable. e. Covenants which assign driveway installation and future maintenance responsibility in a manner acceptable to the City must be submitted and recorded with the titles or the parcels which are benefited. f. Common sections of the private street serving three (3) or more dwellings must be built to a seven-ton design, paved to a width of twenty (20) feet, utilize a minimum grade, and have a maximum grade which does not exceed ten percent (10%). g. The private street must be provided with suitable drainage. h. Covenants concerning maintenance and use shall be filed against all benefiting properties. i. Street addresses or City-approved street name signs, if required, must be posted at the point where the private street intersects the public right-of-way. B. Grading, Drainage and Erosion Control Plans. Complete plans for grading, drainage and erosion control which meet the City's standards shall be submitted. The plan shall show hard surface calculations by areas - buildings, private streets, driveways, parking lots, plazas, walks, trails, and all other impervious surFaces. Hard surface coverage is expected not to exceed the following standards. Uses Maximum Hard Cover Percent Single Family 38% Townhouses 40% Apartments-Condominiums 42% Institutional Uses 45% Industrial Uses 70% Business Uses 80% Commercial-Retail 90% Mixed Uses of Housing with Retail, Office or Business 90% Golden Valley City Code Page 10 of 16 § 11.55 C. Utilities and Service Facilities. The applicant shall provide a plan showing how the site will be served by utilities. D. The applicant shall submit a Final Building Code Analysis. E. Refuse and Garbage. The applicant shall provide a refuse disposal Plan including provisions for storage and removal on a regular basis. (In residential developments, all waste/refuse shall be stored inside a principal structure or a garage until the day of pick-up. In commercial, business and institutional developments refuse may be stored in a principal building or in an enclosed screened in area designed of materials to match the principal building.) F. Architectural plans. The applicant shall submit architectural plans showing the floor plan and elevations of all sides of the proposed buildings including exterior wall finishes proposed for all principal and accessory buildings. Cross sections may be required. G. Sign Plan. The applicant shall submit a Sign Plan including the location of proposed signs, size, materials, color, and lighting. In those instances where not all signs are known, a sign policy shall be presented to the City for the City's review consistent with PUD requirements. Sign design, policies, style, colors, locations, size, height, materials and accompanying landscaping must be consistent with achieving a high quality development meeting the PUD intent and purpose provisions. H. Dwelling Information. The applicant shall submit complete data as to dwelling unit number, density net and gross, sizes, types, etc. I. Life-Cycle and Affordable Housing. If the PUD includes ��life-cycle" or affordable housing, the applicant shall provide a narrative describing the housing, and the guarantees such as covenants to be used to secure such housing and maintain long term affordability. J. Population. The applicant shall submit a population component which shall contain a descriptive statement of the estimated population and population characteristics. K. Employees. If office, commercial, business, service firms or institutional uses are included in the PUD, the estimated number of employees shall be included. L. Final Plat. Unless waived by the City, the applicant shall submit a final plat, as required by Chapter 12 (Subdivision Regulations) of the City Code. The title of the plat must include the following "P.U.D. No. " (The number to insert will be provided by the City.) Golden Valley City Code Page 11 of 16 § 11.55 M. Schedule. The applicant shall submit a schedule and proposed staging, if any, of the development. N. Narrative. The applicant shall submit a description of the development especially as it relates to use of PUD provisions and explaining how it meets the purpose and other PUD provisions including how it will: 1. 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. 2. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. 3. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, water ways, wetlands and lakes. 4. Encourage construction of affordable housing and a variety of housing types. 5. Encourage creativity and flexibility in land development. 6. Encourage efficient and efFective use of land, open space, streets, utilities and other public facilities. 7. Allow mixing land uses and assembly and development of land to form larger parcels. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. 9. Achieve development consistent with the Comprehensive Plan. 10. Achieve development consistent with the City's redevelopment plans and goals. 11. Other. The applicant may submit any additional information which may explain the proposed PUD. 12. Director of Planning. The Director of Planning may require more or less information than that listed above. O. Planning Commission. 1. Public Hearing. The Planning Commission shall hold an informal public hearing. All property owners within five hundred (500) feet of the PUD or Golden Valley City Code Page 12 of 16 § 11.55 a larger area as determined by the City, shall be given notice of the meeting. 2. Consistency. The Commission shall review the Final PUD plan for consistency with the Preliminary PUD Plan as approved by the Council, and the conditions, if any imposed by the Council, the Intent and Purpose provisions, all other provisions of the PUD ordinance, and principles and standards adhered to in the City. 3. Findings. The findings, actions and report of the commission to the Council may include recommended conditions and modifications to the Final PUD Plan. P. City Council. 1. Public Hearing. The City Council shall hold a public hearing. All property owners within five hundred (500) feet of the PUD or a larger area as determined by the City, shall be given notice of the meeting. 2. Action. The action of the Council may include plan amendments, approval, denial, or other action based on findings and deemed appropriate by the City Council. Q. Findings. Approval of a Final PUD Plan requires the following findings be made by the City: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient. Effective. The PUD plan includes efFicient and efFective use (which includes preservation) of the land. 4. Consistency. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Golden Valley City Code Page 13 of 16 3 11.55 R. Approval. Approval of a Planned Unit Development shall be by ordinance requiring an affirmative vote of a majority of the City Council. Subdivision 7. PUD Agreement Following Council approval of a Final PUD Plan, City staff shall prepare a PUD agreement which references all the approved plans, specifies permitted uses, allowable densities, development phasing, required improvements, completion dates for improvements, the required Letter of Credit and additional requirements for each PUD, in accordance with the conditions established in the City Council approval of the Final PUD Plan and PUD ordinance. The PUD agreement shall be signed by the petitioner within thirty (30) days of the City Council's approval of the agreement. Subdivision 8. Building Permit Following approval of a Final PUD Plan and execution of the PUD agreement, the City may grant building permits for proposed structures within the approved PUD area provided the requested permit conforms to the Final PUD Plan, all provisions of the PUD ordinance, the PUD agreement and all other applicable City Codes. Subdivision 9. Multiple Parcels A PUD may be regulated by a single agreement which may include attachments. One (1) or more of the attachments may cover an individual lot. An applicant amending an approved PUD must show that the proposed change does not adversely affect any other property owner, if any, in the PUD, the terms of the PUD Plan and PUD Agreement, and the Intent and Purpose and other provisions of the PUD Ordinance. A proposed amendment which does not meet this requirement may be rejected by the City without review as would otherwise be required by the ordinance. Subdivision 10. Amendments An application to amend a PUD shall be administered in the same manner as that required for an initial PUD; however, a minor amendment may be made through review and approval by a simple majority vote of the City Council with or without referral to the Planning Commission. To qualify for this review, the minor amendment shall not: A. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. B. Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. C. Alter significantly the location of buildings, parking areas or roads. D. Increase or decrease the number of residential dwelling units by more than five percent (5%). Go/den Valley City Code Page 14 of 16 § 11.55 E. Increase the gross floor area of non-residential buildings by more than three percent (3%) or increase the gross floor area of any individual building by more than five percent (5%). F. Increase the number of stories of any building. G. Decrease the amount of open space by more than three percent (3%) or alter it in such a way as to change its original design or intended function or use. H. Create non-compliance with any special condition attached to the approval of the Final PUD Plan. Subdivision 11. Cancellation A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the ordinance approving the PUD. Subdivision 12. Administration A. Records. The Planning Department shall maintain a record of all Planned Unit Developments approved by the City Council including information on the use, location, conditions imposed, time limits, review dates, and such other information as may be appropriate. Each approved PUD shall be clearly noted on the Zoning Map. B. Certification of Plans. The City may require that PUD plans be certified at the time of submittal and/or upon completion of construction. C. Time Limits. No application which was denied shall be re-submitfied for a period of six (6) months from the date of said denial. D. Letter of Credit. To Assure Conformance to the Final PUD Plan and Agreement the City may require the applicant to post a Letter of Credit in a form approved by the City, guaranteeing the faithful performance of certain work or matters covered in the agreement and in a sum equal to one hundred fifty percent (150%) the tota! cost of all such items as determined by the Department of Public Works. The Letter of Credit or other surety may be reduced when specific parts or items are completed and upon recommendation of the Department of Public Works. Golden Valley City Code Page 15 of 16 § 11.55 E. EfFect on Conveyed Property. In the event any real property in the approved PUD Agreement is conveyed in total, or in part, the buyers thereof shall be bound by the provisions of the approved Final PUD 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 approved PUD. 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