12-08-03 PC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Regular Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Chambers
Monday, December 8,2003
7pm
I. Approval of Minutes
November 10, 2003 Planning Commission Meeting
November 24, 2003 Joint Planning Commission/Council Meeting
II. Informal Public Hearing - Subdivision - Lot Consolidation (SU13-11 )
Applicant: Goldman, Friedell & Sachs LLP
Address: 200,220,300 and 310 Turners Crossroad
Purpose: To allow four existing lots to be consolidated into one lot so an
apartment building can be constructed on the newly created lot.
-- Short Recess --
II. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
III. Other Business
A. Discuss Planned Unit Development (P.U.D.) ordinance with Bill Thibault
B. Discuss housing study write up.
C. Holiday party with BZA on December 16, 2003 at 6:30 pm at Brookview Grill.
IV. Adjournment
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Regular Meeting of the
Golden Valley Planning Commission
November 10, 2003
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
November 10, 2003. Chair Pentel called the meeting to order at 7 pm.
Those present were Chair Pentel and Commissioners Eck, McAleese,
Shaffer. Also present were Director of Planning and Development,
Administrative Assistant, Lisa Wittman. Commissioners Groger a
absent.
I. Approval of Minutes - October 27, 2003 Planning
Shaffer referred to page six, paragraph three and stat~;>
to say that a fire engine could not get "into" the p
parking lot.
in uld' be changed
han "through" the
MOVED by Eck, seconded by Rasmusse
the October27, 2003 with the above n
unanimously to approve
II.
Presentation of Capital I
City Finance Director
(CIP) 2004-2008 - Don Taylor,
Taylor stated that the CIP .
analysis from the previo
same, with seven section
arlier this year. He gave the Commissioners an
I explained that the format for this year is the
umma at the beginning of each section.
Eck referred to the i
dollars and as ' . t
stated tha . cli
t Highway 55 and Boone Avenue for 4.8 million
u work being done this winter on the EAW project. Taylor
would be funded by tax abatement bonds from General Mills.
he 4.8 million is for the wetland portion. Taylor said he didn't
jority of it is for the intersection, lights and access road.
o the previous years' analysis that Taylor handed .out and stated that
sidewal initially at $100,000 but that they remained at $700,000 on page 119 of
the current IP. Taylor explained that in the previous CIP the City was planning to install
sidewalks from Highway 55 to Douglas in 2003, but that it was moved to 2004. Pentel
asked if all sidewalks are going to be built to concrete standards. Taylor said yes.
Pentel referred to the tax increment bonds and stated that it looks as if the amount of
increment is more and asked. where the extra is. Taylor stated that Golden Hills is the one
big TIF District left and that the 2003 legislature gave cities the option of extending. He
said that he is going to the HRA to request a three year extension for some extra
flexibility. He added that the only other TIF district the City has is Area B.
Minutes of the Golden Valley Planning Commission
November 10, 2003
Page 2
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Pentel asked if the Olympic Printing site is the only property left in the Golden Hills
District. Taylor stated yes.
Pentel asked if the funds regarding the Joint Water Commission are in the CIP. Taylor
said he didn't include anything in the CIP regarding the JWC. Pentel asked how much
money has been spent by the JWC. Taylor said $300,000 has been spent between the
three cities.
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Rasmussen referred to page 22 and asked if there is a legal limit as to h
the City can issue. Taylor stated yes and explained that there is no Ii .
assessment bonds but that there is a limit on tax abatement bonds a
where near the legal limit.
MOVED by McAleese, seconded by Eck, and motion carrie
approval of the 2004-2008 Capital Improvement Program as
Comprehensive Plan.
III.
Review and comment on the Environm
Proposed General Mills Wetland and
t Worksheet for
tion Project
Jupe Hale, Project Manager, WSB & As
restoration project began when Gener
had to do their own EAW at that tim
the wetland and floodplain
Ir headquarters and that they
Hale explained the improvemen
intersection including c10sur
neighborhood south of
intersection annually so
store water when flo ding
which will keep the
talace to the Highway 55/Boone Avenue
age road and a new access road to the
ed that Bassett Creek backs up and floods the
be raised and that they need more space to
and that they will be using a levy system on the creek
eek.
es showed pictures of the area where they are planning
orage. She said they ended up looking at the General Mills
nge plans and their possible need in the future for wetland
itiga . She discussed the types of wetlands that will be in the area
h, open water and shallow marsh. She explained that the EAW is
e because state rules require an EAW if five acres or more are
Pentel asked if the neighbors in the area were informed of this meeting. Hale said there
was a meeting for the neighbors on November 6, 2003.
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Grimes asked if the property would be owned by General Mills. Hale said he thinks there
will be a conservation easement.
Shaffer asked what happened to BP Amoco's plans of constructing a new building at the
intersection of Boone Ave. and Highway 55. Grimes said that BP is aware of these plans
and that they are making some changes to their plans and the way their building is cited.
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Minutes of the Golden Valley Planning Commission
November 10,2003
Page 3
Hale stated that BP is going to be giving more easements, moving their building and
constructing a pond on their site.
Rasmussen asked for the definition of a levy. Hale said it is a dirt mound or an
embankment type of a berm. Moffatt added that the levy will keep the water in the creek
and will keep it from flooding the road and intersection.
Hale explained where the flood water will go and how it will be stored and stated that
there will be a shut-off gate for when the creek is too high and a pump t '11 lift water
over the. levy.
McAleese asked Hale and Moffatt about their backgrounds. Hal
engineer and Moffatt said she is a wetland biologist.
Pentel asked how the land would be planted. Moffatt showe
different types of plants and grasses that will be plant in th
MOVED by McAleese, seconded by Eck and mo .
approval of the environmental assessment work eet fo
and floodplain restoration project to the City Co il.
ously to recommend
General Mills wetland
IV.
Reports on Meetings of
Council, Board of Zoni
d Redevelopment Authority, City
ther Meetings
Rasmussen reported on
, 2003 City Council meeting.
V.
o . .!ssion that the Board of Zoning Appeals is planning their
16,2003 at Brookview and invited them to attend.
Co missioners a copy of the new split level remodeling plan book
ted for split level and split entry homes.
VI.
The meeting was adjourned at 8 pm.
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Joint Meeting of the
Golden Valley Planning Commission and City Council
November 24,2003
A joint meeting of the Planning Commission and City Council was held at the Golden
Valley City Hall Council Chambers, 7800 Golden Valley Road, Golden Valley,
Minnesota, on Monday November 24,2003. Vice Chair Shaffer called the meeting to
order at 6:10 pm.
Grimes highlig
such as adding a
to 30 to a
red u cti
Those present were Commissioners Eck, Groger, Keysser, McAlees
Shaffer, Mayor Loomis and Council Members Johnson, LeSuer, m
were City Attorney Allen Barnard, Director of Planning and Dev ment,
and Administrative Assistant, Lisa Wittman. Planning Comm' P
Council Member Grayson were absent.
I. Discuss Draft of Residential Chapter of the
Grimes distributed a copy of a proposed ordina
single family R-1 section of the Zoning Code re
interpretation in order to meet variance re
yard and rear yard setbacks. He used t
may be. rounded up to 15 feet.
u g long with the revised
ing the setback
r greater for front yard, side
et or greater and said that it
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Eck suggested changing the w
15 feet. Barnard questioned ho
that case.
1 feet or greater may be rounded up to
est for 14.05 feet would be handled in
Tremere suggested cha
to 15 feet. Grimes
wordi to read 14 feet or greater may be rounded up
ork on the wording of the ordinance with Barnard.
anges made to the single family section of the Code
ge requirement, changing the front yard setback requirement
when the request is for an open front porch and a slight
ack requirements if a house has a long side wall.
.. .. the fourth page and clarified that the number 35 should have been
the 30 should have been stricken in regard to the number of feet from
y line the required setback shall be along a street right-of-way.
Grimes noted that another change to the Code is in regard to accessory buildings. He
said that it would allow for a garage to be located next to a house, rather than wholly to
the rear of the house, as long as the garage has frost footings. Shaffer added that it is a
longevity factor and that garages with footings are sturdier.
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Grimes referred to the subdivision regarding provisions for garages and explained that
that the wording would be changed to read, no building permit shall be issued for a single
family home unless the survey submitted at the time of the application for the permit
shows the necessary area and setback requirements for a future 2-stall (minimum)
garage.
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Minutes of the Golden Valley Planning Commission/City Council
November 24, 2003
Page 2
Grimes referred to Subdivision 12, Pre-1982 Structures and discussed the proposed
front, side, and rear setback requirements. He explained that the reason this subdivision
was added is because most of the homes in Golden Valley are older and were built
before 1982 and that it has been the reasonable practice of the BZA to grant these
variance requests.
Grimes referred to Subdivision 13 regarding temporary outdoor storage and stated thatit
is referring mostly to PODS (large outdoor storage containers) and that this would limit
them to only be stored on a property for seven days.
Grimes referred to Subdivision 14 and stated thatthis would limit the
recreational vehicles to not more than one in a front yard. Rasm n
recreational vehicles had to be parked on a hard surface. Gri tat
to Subdivision 15(0).
eferred
LeSuer asked if the newly proposed lot coverage requ' emen
Grimes said no and explained that because some lot
restrictive to include driveways.
eways.
It would be very
Grimes referred to Subdivision 17 regarding ho
that the biggest change in that section is
Tremere referred to Subdivision 9 re a
how much is impervious. Shaffer
requirement a lot and explaine
e and asked why it doesn't say
nn g Commission looked at that
rd to enforce.
Tremere asked why there
stated that the current z
He discussed how the pr
explained the drawl
coverage in a tree
cern about lot coverage in a rear yard. Shaffer
o oked at lot coverage in a two dimensional way.
ot coverage section of the code would work and
s an example. He stated that the idea is to look at lot
y so the City doesn't get such massive homes.
cern is trying to stay proportional because some .Iots are
feet. Groger stated that it wouldn't be restricting.people's
onsider the size of house that can fit on a 10,000 square foot
at Golden Valley is getting to the tear down stage with houses and
o put huge houses on small lots.
Eck refe Subdivision 10(A)(1) regarding front yard setbacks and asked how an
open porch is defined and asked if an open porch could have screens on it. Shaffer said
the BZA has not allowed screens and has required them to remain visually open.
Tremere referred to Subdivision 10(A)(F) regarding fences and asked if there have been
problems with fence locations. Grimes stated that staff is working on a fence ordinance
that deals with issues such as, the height of fences and fences in front yards. Shaffer
added that conceivably right now someone could build an eight foot high fence all the
way around their property.
LeSuer asked what the top height of an accessory could be. Shaffer said it would depend
on the roof pitch but that it could be 13 feet.
Tremere referred to Subdivision 11 (H) regarding decks and said the word" ecks" should
be added to the sentence, after the words "free standing".
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Tremere referred to Subdivision 11 (I) regarding air conditioning
word "central" be added before the words air conditioning unit
d the.
Tremere referred to Subdivision 14 regarding storage of rec
and asked if that includes the big RV trailers. Grimes id ye
over the wording of Subdivision 14 with the City Attor
Grimes referred to Subdivision 16 and explaine
and no longer requires a building permit for dec
than 30 inches off the ground so staff is s
has a way of knowing that these types
y sw ed Building Codes
eater than 8 inches but less
a zoning permit so the City
wing setback requirements.
Loomis asked how grade is defin
started at 8 inches and then dro
have to be his and the buildi
LeSuer referred to the h
home occupation must be
located. Grimes sta
there is a hom occ
a equirements and asked why parking related to a
only on the driveway where the home occupation is
in the street is almost always an automatic clue that
n and it is what people complain about the most.
of prohibited home occupations and suggested adding the
r one on the list regarding repairing and servicing autos,
gested adding "columbarium" to number five on the list of
upations.
to number ten on the list of prohibited home occupations regarding the
sale or r firearms and asked if that included on-line sales as well. Grimes stated
he didn't think on-line sales would be an issue as long as the firearm isn't in the house.
Minutes of the Golden Valley Planning Commission/City Council
November 24, 2003
Page 4
. the Residential Zoning District. McAleese added that child care is not considered a home
occupation because it is a permitted use.
Loomis referred to Subdivision 11 (C)(4) regarding accessory buildings and asked why
there has to be ten feet of separation between a principal structure and an accessory
structure. Shaffer~explained that that is a building code requirement.
Loomis referred to Subdivision 10 (A)(1 )(a) regarding the narrower side ofa corner lot
being considered the front of the lot and stated that there are a lot of ho where that
won't work. Grimes explained that it is usually to the advantage of the er to call
the narrowest side the front.
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Johnson stated concern aboutthe size and the materials use
recently constructed on Scott Avenue and asked if there is
about it. Grimes stated no and explained that the garage tha
requirements. Burt suggested adding language to the de t
building gets to be a certain size it has to match the p
thought that would be a. good thing to put in the
s
done
e building
an accessory
rimes said he
Loomis referred to Subdivision3(B) regarding th
resides on the premises and asked what
premises. Grimes said that up to five u
related by blood or marriage, can rent
premises, Loomis suggested defi .
Subdivision 3 is a list of permitt
uses when the OWner
wner does not live on the
e family, which is defined as
i;.'I.f%tb.e owner does not reside on the
~4\%tM;!::::-;:;:r~'
where in the code. Barnard stated that
not listed it is not permitted,
Johnson asked if mother-'
ts were going to be allowed. Grimes stated no,
Grimes stated that his pi
this meeting and th
ake th changes to the code that were suggested at
e City Council for a public hearing,
ut on the City's web site. Grimes agreed and said he
, ations to get it on the web site.
-- Short Recess --
II. eetings of the Housing and Redevelopment Authority, City
oard of Zoning Appeals and other Meetings
III. Other Business
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No other business was discussed.
IV. Adjournment
The meeting was adjourned at7:50 pm.
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Planning
763-593-8095/763-593-8109 (fax)
Date:
December 4, 2003
To:
Planning Commission
Mark W. Grimes, Director of Planning and Development
Informal Public Hearing-Preliminary Plat of Oak Park Acres-200, 220, 300
and 310 Turners Crossroad-Goldman, Fridell and Sachs, LLC, Applicant
From:
Subject:
Description of Minor Subdivision
Goldman, Fridell and Sachs LLP has applied for a minor subdivision in order to consolidate the
four parcels at 200,220,300 and 310 Turners Crossroad into one lot. The four parcels are all part
ofthe Meadow Brook Acres subdivision. (The specific lot descriptions are shown on the
Preliminary Plat submitted with the application.) The four lots total 4.34 acres in area. There are
now three houses on each of the lots fronting Turners Crossroad. These houses would be torn
down in order to allow for the construction of an apartment building. (These houses were built in
the late 1930's and early 1940's.) The lot to the west of the house at 300 Turners Crossroad is
vacant and has access by a 20 ft. road easement from Turners Crossroad. This easement would
have to be vacated as part of the lot consolidation.
Atthe current time, Goldman owns the properties at 220 and 310 Turners Crossroad and the
properties at 200 and 300 Turners Crossroad are under a purchase agreement. This allows
Goldman to go forward with the minor subdivision of the properties.
Goldman has submitted the required information for a minor subdivision as indicated in the
Subdivision Code. The preliminary plat indicates that the one lot created by the consolidation will
be large enough to build an apartment building to meet the requirement of the M-1 (Multiple
Dwelling Zoning District).
Factors for Consideration of Approval
Consideration for approving or denying minor subdivisions are set out in the Subdivision Code,
Section 12.50, Subd. 3. Staff findings on each of the nine points are as follows:
1. Proposed lots must meet requirements of the applicable zoning district. As stated
above, the one lot created by the lot consolidation will be large enough (4.3 acres) to support
the construction of an apartment building in a manner that will meet all requirements found in
the M-1 Multiple Dwelling Zoning District (Section 11.25). As part of the process to review the
minor subdivision, staff asked Goldman to submit additional information that would illustrate
the type of building that is planned for the site. He has submitted plans that indicate the
construction of a three-story, 85 unit apartment building. The plans show the proposed layout
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of the building, parking lot location, driveway locations, pond location, and utility plans. The
City Engineer has reviewed these plans and his comments are attached. These are
preliminary plans and more specific plans will have to be submitted as part of the building
permit process. (Since this property is zoned M-1 Multiple Family, no land use permits are
needed for construction Le. conditional use permit or PUD.) The necessary approvals from the
City are administrative and include the issuance of a building permit, review by the Building
Board of Review, and issuance of necessary permits from the Public Works Department.
Goldman held a public meeting for neighbors adjacent to the proposed apartment building in
order to explain the proposed building in some detail. This meeting was held in early
November and was suggested by the Planning Department. My understanding is that 6-7
neighbors attended the meeting that was held at the laurel Estates Apartment. (Goldman also
owns the laurel Estates Apartment that was built in the early 1980's.)
The area north of laurel Avenue, west of Turners Crossroad, east of Xenia Avenue and south
of Glenwood Avenue includes the three houses to be removed for the Goldman apartment, a
church, fire station, the 33 unitCrossroads Apartments at the corner of Glenwood and Xenia,
and the 65 unit laurel Estates west of the fire station. laurel Estates was constructed in the
early 1980's and Crossroads Apartments was constructed in the 1960's. Since 1982,the
Comprehensive Plan map has indicated that the area should be medium density housing
except for the fire station and church. TheZoning Code designation for the proposed lot
consolidation area was Open Development until 2002. When the City adopted a new Zoning
Map in 2002, the Open Development zone was eliminated and it was zoned M-1 (the lowest
density multiple dwelling category). It was believed that this M-1 zoning was consistent with the
plans for the area.
Although the Subdivision Code does not state anything about the Comprehensive Plan map,
the proposed use of the site should be consistent with the Comprehensive Plan map
designation. In this case, the Plan map indicates that the property is designated for medium
density residential uses (6-12 units per acre). Due to this designation, there appears to bea
conflict between the Comprehensive Plan map and the Zoning Code. The Zoning Code allows
three story buildings with a density of up to 20 units per acre with underground parking. This
allows the 85 units proposed by Goldman. The medium density designation on the
comprehensive plan map would allow only 51 units.
The conflict between the comprehensive plan map and zoning map must be settled prior tathe
issuance of any building permits for the Goldman building. I am attaching a copy of an e-mail
sent to the City Manager about this issue and the staff recommendation. As stated in this e-
mail, the staff is recommending that the densities allowed in both the medium. and high-density
residential categories be changed. The staff would like to bring this proposed change to the
Planning Commission on December 22, 2003 in order that a recommendation on this issue
can be sent to the City Council at the same time the preliminary plat of the Oak Park Acres is
considered by the City Council.
2. Minor subdivisions may be denied upon the City Engineer's determination that steep
slopes or excessive wetness encumbers the buildable portion of a resulting new lot.
The City Engineer's comments are addressed in the attached memo to me dated December 3,
2003. The memo does not indicate a concern about steep slopes or excessive wetness on the
property.
. 3. Minor subdivisions may be denied if public sewer and water connections are not
directly accessible to each proposed lot. In this case, sewer and water connections are
available to the proposed lot.
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4. Approval of minor subdivisions shall be conditioned on the applicant's granting of
easements for necessary public purposes as determined by the City. The final plat must
indicate all necessary easements as required by the Subdivision Code. This is noted in the
City Engineer's memo. As noted in his memo, additional easements will be necessary to
accommodate the proposed trail around the building and its connection to the apartment
parking lot to the south. Also, a pond maintenance agreement will also have to be entered into
between the City and owner.
5. When public agencies other than the City have some form of jurisdiction over an area
including or directly affected by a proposed minor subdivision, approval of that minor
subdivision may be conditioned on the requirements of the outside agency. In this case,
the construction will have to meet the requirements of the Bassett Creek Water Management
Commission's Water Quality Policy. The City is responsible for administering this requirement.
6. If the applicant is required to submit a review of the property's title pursuant to Subd.
4(C) of this section, then approval of the minor subdivision shall be conditioned on the
applicant's resolution of any title issues raised by the City Attorney. Prior to final plat
approval, the City Attorney will determine if it is necessary to review title information.
7. Minor subdivisions of non-residential properties may be denied if the City Engineer
determines that adequate public facilities are not available to serve the site. The memo
from the City Engineer indicates that there are adequate public facilities to serve the site. The
City Engineer is recommending that the City's consulting traffic engineer review the site plan to
determine if improvements to the plan could be made to enhance traffic circulation. As noted in
the City Engineer's memo, there is adequate capacity to handle the additional volume from an
85-unit apartment building. (An 85-unit apartment building will generate about 600 trips per
day. Turners Crossroad now carries about 300-500 trips per day adjacent to the site. Prior to
closing off Turners Crossroad to Glenwood Avenue, there were in excess of 5,000 cars per
day on Turners Crossroad.)
8. Approval of a residential minor subdivision shall be conditioned on the payment of a
park dedication fee in an amount established by the City Council. The City Council has
the right to assess a park dedication fee at the time of final plat approval. Staff will make a
recommendation at that time.
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Attachments:
Location Map
Memo from Ed Anderson dated December 1 , 2003
Memo from Jeff Oliver dated December 3, 2003
E-mail from Mark Grimes dated December 5, 2003
Preliminary Plat
Grading, Drainage and Erosion Control Plan
Preliminary Utility Plan
Tree Inventory and Preservation Plan
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Fire Department
763-593-8055/763-512-2497 (fax)
To:
Mark Grimes, Director of Planning & Zoning
From:
Ed Anderson, Deputy Fire Marshal
Subject: Memorandum for SU 13-11 Oak Park Acres
Date: December 1, 2003
CC: Mark Kuhnly, Chief of Fire & Inspection
Listed below are the fire department comments for the proposed site for the Oak Park Acres
proposed apartment complex located on Turners Crossroad just south of Turnpike Road.
1. No parking fire lane signs and stationary posts will be installed in accordance with the
City of Golden Valley Ordinance and the Golden Valley Fire Department recognized
standards.
2. The fire department access road shall be established around the building for the
proposed site. If the access road cannot be installed around the building, other means
of fire protection will be provided, including but not limited to additional automatic fire
suppression coverage, class I standpipes and smoke detection devices coverage
throughout the building.
3. The fire department access road shall be designed and maintained to support the
imposed weight of all fire apparatus and it shall be surfaced so as to provide all
weather driving conditions.
4. The turning radius of the fire apparatus road shall be a 45 foot inside turning radius.
5. The proposed site plan does not indicate that the fire department access road is going
to be installed on the west side of the building. Access doors and access walkway will
be required for the firefighters. The access walkway will be designed with an approved
surface and maintained at all times. The access walkway that is indicated on the plan
should also continue to the south side of the proposed building and continue to the
east and terminate at the east parking lot that is adjacent to Turners Crossroad.
6. The location of all fire department access doors will require a fire department key box
to be installed. The installation of the key box will be in accordance with the Golden
Valley Fire Department's requirements.
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7. The proposed building site will require additional fire service water mains and fire
hydrants. The installation of the fire service water main for the fire hydrant shall be of
adequate pipe diameter size mains to meet the required fire flow for the building. The
installation of the fire service main and fire hydrants shall be in accordance with the
City of Golden Valley Engineering Department and the Fire Department recognized
standards.
8~ The installation of the post indicator valve for the underground water system will be
installed in accordance with recognized fire code standards.
9. The installation of the fire hydrants at the proposed site shall be maintained with the
proper clearance of all landscaping and vegetation around the circumference of the
fire hydrant.
10. This proposed site and construction of the building will be designed to be in
compliance with the International Fire Code 2000 and the MN State Fire Code
Amendments.
If you have any questions, please contact me at 763-593-8065.
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emorand m
Public Works
763.593.8030 I 763.593.3988 (fax)
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Date: December 3, 2003
To: Mark Grimes, Director of Planning and Development
Through: Jeannine Clancy, Director of Public Wor
From: Jeff Oliver, PE, City Engineer
Subject: Preliminary Plat Review: Oak
Public Works staff has reviewed the plans submitted for the proposed Oak Park Acres
subdivision located west of Turner's Crossroad, north of Laurel Avenue and east of
Xenia Avenue. The proposed subdivision includes platting of three lots with existing
homes into a single lot, and construction of an apartment building on the new lot. This
memorandum discusses issues identified during the Public Works review that must be
addressed prior to approval of the final plat.
Site Plan and Preliminary Plat
The preliminary plat submitted for review shows an existing private electric easement
and a private 20-foot wide road easement. These easements must be vacated as part
of the final platting of this property.
The proposed preliminary plat does not include easements along property lines as
outlined in the Subdivision Ordinance. Easements on all property lines must be
included on the final plat.
The proposed apartment building will access Turner's Crossroad via two driveway
accesses located near the northeast and southeast corners of the property. The site
development will include surface parking on the east side of the building. However,
underground parking is proposed that will accommodate the majority of the parking
needs on site.
Turner's Cro.ssroad is a local street with estimated traffic of approximately 300 to 500
trips per day. Although the street system in the vicinity of this development is adequate
to accommodate the new trips being generated by the development, additional analysis
of the trip distribution, site circulation and other traffic-related issues is needed for the
subdivision~ Therefore, the site plans will be forwarded to the City's consulting traffic
G:\Developments-Private\Oak Park Acres\PrePlat Review 120203.doc
.
engineer for review and comment. The developer will be required to enter into an
agreement to finance the traffic review. The developer will also be required to make
any site plan revisions deemed necessary by staff based upon the traffic review prior to
City Council consideration of the final plat.
The plans include approximately seven open cuts into Turner's Crbssroadfor new
driveways, removal of existing driveways and utility services, and new utility sanitary
sewer and water service to the proposed apartment building. Turner's Crossroad was
reconstructed in 2000 as part of the Xenia Avenue extension project.
Approximately 12 years ago, the City Council passed a resolution prohibiting the open
cutting of newly constructed/reconstructed streets. for a period of five years following
completion of the roadway without remedial actions to insure the integrity of the
roadway. The five-year period for Turner's Crossroad expires in the fall of 2005.
Therefore, if the developer wishes to open cut Turner's Crossroad at this time, a full
width mill and overlay of the street between Laurel Avenue and Turnpike Road (north)
will be required.
The new apartment driveways onto Turner's Crossroad must include the installation of
City standard commercial driveway aprons. The plans must include the City standard
detail plate forthe apron, as well as for all other pertinent utility, roadway and storm
sewer facilities.
.
The plans must be revised to identify removal of the existing residential driveway aprons
and installation of B618 concrete curb and gutter along Turner's Crossroad.
The plans show a proposed eight-foot wide bituminous trail around the new apartment
building that connects to a parking lot associated with the existing apartment building to
the south. The trail connection as shown is into an existing parking stall. Therefore, the
trail connection must be shifted to the west to be located in the center of the existing
parking lot. A handicap accessible ramp must also be installed at the connection point
of the trail into the parking lot.
In order to provide full emergency vehicle access around the proposed apartment
building, the proposed trail must be looped entirely around the new building. The trail
must connect to the proposed parking lot in the southeast corner ofthe site. In addition,
handicap accessible ramps must be shown on the plans at both connection points of the
trail to the proposed parking lot.
.
Because the proposed trail around this site crosses the property line to the south,
easements will be required between the two-parcels to accommodate the trail. This will
insure that full access is provided around the new apartment building should either of
the buildings change ownership in the future. An easement will also be required across
the adjacent apartment property to accommodate the proposed storm sewer that
crosses the property line between the parcels. These easements must be recorded
with the County, and copies provided to the City, prior to City Council consideration of
the final plat for this subdivision.
G:\Developments-Private\Oak Park Acres\PrePlat Review 120203.doc
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The developer has proposed parking lots to the north and south of the main driveways
on the eastern edge of the site. These proposed parking lots include parking spaces
along the extreme north and south curb lines, making maneuvers in and out of these
spaces difficult. Therefore, the plan must be revised to incorporate a turnaround space
along the north and south curb lines to allow better access into these stalls.
Typically, apartment complexes are generators of pedestrian traffic onto the City
sidewalk system. As proposed, the development does not provide an off-street
connection to the existing City sidewalk system. In order to provide this connection, the
developer will be required to extend the sidewalk shown along the circular portion of the
driveways eastward to the right-of-way for Turner's Crossroad. The sidewalk must then
be extended southward to Laurel Avenue to connect to the existing sidewalk on the
north side of the street. This sidewalk must be constructed to City standards, and must
be six feet wide and located with the western edge of the walk one foot away from the
western right-of-way line of Turner's Crossroad.
Utilitv Plan
The utility plan submitted for this proposed subdivision appears to be adequate to serve
the apartment building, subject to the comments regarding open cutting Turner's
Crossroad discussed earlier in this review.
The water service for the site must be reviewed by the Building Official and Deputy Fire
. Marshal to determine if adequate fire flow is provided with the service size proposed.
All proposed utility work within Turner's Crossroad will require sewer and water permits
and right-of-way permits. These permits must be obtained prior to the start of work on
these items.
Gradina. Drainaae and Erosion Control
This proposed subdivision is within the Sweeney Lake subdistrict of the Bassett Creek
Watershed. Based upon the scope of the project, the proposed development must
comply with the Bassett Creek Water Quality Policy, and must be reviewed and
approved by the Bassett Creek Water Management Commission (BCWMC) prior to the
start of work on site. The grading plan must be approved by Public Works staff prior to
being submitted to the BCWMC for its review. The plans are due two weeks prior to the
monthly BCWMC meeting held on the third Thursday of each month.
The Grading, Drainage and Erosion Control Plan that was submitted for review must be
revised to fully incorporate City standards. The developer's engineer should contactthe
Engineering Department for a copy of these standards. The plan must be prepared
according to these standards prior to final approval by the City and forwarding the plans
to the BCWMC.
.
As previously discussed, the proposed storm sewer for this site crosses the property
line onto the apartment complex to the south. Easements for this storm sewer must be
recorded prior to City Council consideration of the final plat.
G:\Developments-Private\Oak Park Acres\PrePlat Review 120203.doc
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.
.
The proposed storm water pond shown on the west side of the site appears to be in
compliance with the BCWMC Water Quality Policy. However, no storm water
calculations were submitted with the materials reviewed. The water quality and rate
control. calculations must be submitted with the revised grading plans.
. Additional information.is needed regarding the existing storm water pond on the
property to the south.' The information provided on these plans does not indicate an
outlet from this pond, which appears to outlet overland to the northwest into the wetland
mitigation area constructed by the City as part of the Xenia Avenue project. This
wetland outlets into the Xenia Avenue storm sewer. The existing pond maystill
overflow as it currently does following completion of the development, but it does
appear that the overflow elevation may be raised due to grading along the west property
line. The developer's engineer must address this situation on therevised plans.
The grading plan must be revised to include a vegetative buffer strip around the
proposed storm water pond. This buffer strip must be a "no mow" area of native
grasses and plants that must be identified on the grading plan. The required buffer strip
must extend westward to Xenia Avenue, to the proposed trail on the east and to the
property lines on the north and south.
The developer will be required to enter into a storm water pond maintenance agreement
for the required storm water pond. This agreement will be forwarded to the developer
for execution, and must be submitted for recording prior to Council consideration of the
final plat.
Tree Preservation
This development will be subject to the Tree Preservation Ordinance, and a permit must
be obtained prior to starting work on site. Based upon the ordinance and the.
preliminary Tree Preservation Plan submitted, it appears that a significant amount of
tree mitigation will be required for this development. In addition, there is very little
space on site to perform the planting mitigation that is likely to be needed. Therefore,
the developer must submit a revised Tree Preservation Pli:m that fully identifies the
mitigation required and a landscape plan that identifies the locations of mitigation
plantings, or provide an indication if cash mitigation will be utilized.
Summary and Recommendations
Public Works staff recommends approval of the proposed preliminary plat for Oak Park
Acres subject to the comments contained in this review, which are outlined as follows:
1. The existing private easements shown on the preliminary plat are vacated
prior to approval of the final plat.
2. The final plat must include easements as required by City Code.
3. Subject to the review and comments of the City's consulting Traffic
Engineer.
G:\Developments-Private\Oak Park Acres\PrePlat Review 120203.doc
.
.
.
4. The developer agrees to edge mill and overlay Turner's Crossroad as
outlined within this review.
5. The plans are modified to incorporate the changes to the asphalt trail as
discussed in this review.
6. The plans are modified to include sidewalk construction on site and on
Turner's Crossroad as discussed in this review.
7. Easements for the path and storm sewer across the existing apartment site
to the south are prepared, approved by the City and submitted for recording
prior to Council consideration of the final plat.
8. The plans are modified to include turnarounds along the north and south
parking lots as discussed in this review.
9. A revised Grading, Drainage and Erosion Control Plan is submitted that is
prepared to City standards, and includes storm water calculations,
information regarding the existing pond on the property to the south, and a
buffer strip as discussed within this review.
10. The developer enters into a Storm Water Maintenance Agreement.
11. A revised Tree Preservation Plan that includes a landscape plan, identifying
tree mitigation locations and sizes.
12. Subject to the review and comments of the Bassett Creek Water
Management Commission.
13. Subject to the review and comments of the Building Official, Deputy Fire
Marshal, and other City staff.
Please feel free to call me if you have any questions regarding this matter.
C: Tom Burt, City Manager
Mark Kuhnly, Chiefof Fire and Inspections
Gary Johnson, Building Official
Ed Anderson, Deputy Fire Marshal
AI Lundstrom, Environmental Coordinator
Ron Nims, Public Works Project Coordinator
Eric Eckman, Engineering Technician
G:\Developments-Private\Oak Park Acres\PrePlat Review 120203.doc
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..
.
Hey
Planning
763-593-8095/ 763-593-8109 (fax)
Date:
December 1 , 2003
To:
Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Review Draft of PUD Chapter of Zoning Code
Earlier this year, the Planning Commission discussed revising the PUD chapter of the Zoning
Code. Prior to that meeting, the Planning Commission and City Council had met in February 2001
to list issues that should be addressed as part of a revised PUD chapter. Planning Consultant Bill
Thibault of Thibault Associates attended the joint meeting to develop the issues list. (Mr. Thibault
has been hired by the City to draft a new PUD chapter.) Since thattime, several drafts of a
revised PUD chapter have been completed taking into consideration those issues brought up by
the City Council, Planning Commission and staff. The staff has now prepared a draft for review by
the Planning Commission that is "close" to a final draft. Bill Thibault will be at the meeting to walk
us through the draft. The draft does have comments inthe left column that address issues that
have been brought up by the Planning Commission, City Council, staff or consultant.
The attached draft has the original chapter in dark type. Some of the original chapter will remain
and is not struck out. The. dark portion struck out is not part of the new draft. The light print that is
underlined is new language. The light print that is highlighted in yellow is language added with the
final draft on October 7, 2003.
..
~ ':.~ "...
...
sultant's Ex Ianations and
mments
~!;:,
:!" ,~:,:~: 'i~ '", ; y~~,;,\
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"5li ~.~ ~-' # :l,~,'
Health and welfare provision deleted here but
inserted as (1) below.
'". ~
<. if.,'-"~:
;, _:;. i'!: :~
Planned community deleted because it is not
needed. In fact no such PUD exists in Golden
Valley.
The "too rigid" provision deleted because it
implies a zoning fault. Secondly, it is not the
real rationale for PUD.
"Variances" deleted to eliminate confusion
from the Variance section of the zoning
ordinance. (11.90 Subd. 4B)
These additions clearly state the purposes as
related to health and welfare, higher quality,
preservation, efficiency and effectiveness,
mix of uses, use in transitional areas, and
links PUD to the Comprehensive Plan and to
redevelopment plans.
Affordable housing can be included if the
City desires. However, no specific mention
of housing types and/or affordable housing is
necessary because the regulations can be
waived or adjusted including density and
ousing tvoe.
Thibault
ASSOCIATES
DRAFT - May 20, 2003 ~()Ct7;2003~1
1
SECTION 11.55. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Intent and Purpose and Intent. The purpose of
this Section is to encourage, preserve and improve the health,
safety and general'.velfare ofthe people of the City by encouraging
the use of contemporary land planning prineiples and coordinated
community design. Planned Unit De'lelopments (PUD's) are
created hereby in recognition of the economic and cultural
advantages of planned community type de'.elopments of sufficient
size to provide related areas for ';anow housing types, retail and
service acthities, industrial operations, recreation, school, publio
facilities, and other uses ofland. The PUD procedure is designed
to be used where designation of a single use zoning district or
application of standard zoning pro'.isions to a de.;elopment are too
rigid for practical application. It is the intent of this Section to
provide an optional method ofland use regulations which permit
design flexibility by substantial varianees from the provisions of
Chapters 11 and 12 of the City Code, including 'lananees
flexibility in uses allowed, setbacks, height, parking requirements,
number ofbuilding~and similar regulations. The purpose of this
section is to:
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I. 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 adii~li.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 creativity and flexibility in land development.
5. Encourage efficient and effective use ofland, open space,
streets, utilities and other public facilities.
6. Allow mixing land uses and assembly and development of
land to form larger parcels.
7. Encourage development in transitional areas which achieve
compatibility with all adiacent and nearby land uses.
8. Achieve development consistent with the Comprehensive
Plan.
9. Achieve development consistent with the City's
redevelopment plans and goals.
10. Encourage construction of a variety of favorable housing
types and affordable housing.
1
_,'u' <j; >i;L,.;~' ~~>
All of current Subdivision 2 deleted becaus~:
1) not needed 2) intent unclear and in some
cases contrary to practice. If a definition is
desired, a simple definition could be added to
.efinition section of the ordinance. For
pIe: "Planned Unit Development
(PUD)." A Planned unit development is a
development as approved pursuant to (or in
accordance with) the provision of Section
11 :55 titled Planned Unit Development.
::~'#; 'd:~-:l" _:' 'f,- >;:i
Deleted since this is not the intent. There are
many commercial developments with more
than one principal use on a single parcel
which are not a PUD.
Townhouse deleted because definition 92 in
the definition section should be the source.
Or this definition could be inserted in
definition section. Secondly, "attached
dwelling units on separate parcels of land. .
." seems to be confusing. Dover Hill has
some townhouse units but not separate
parcels.
~,':,'::;t~<j(,."{-\~< ~
~~~13,~~' ,~~;,;t
Gonfusing. Not needed. Self-controlling. If
PUD not needed because allowed under
conventional ordinance that's OK. IfPUD
needed - then apply.
h ;:~j~.?i;')~~;' ~~ht';:;;i.~f:'~:~~~:-_: ;~,~,~,:~?W::~~1:"~ 'S' ~;c.;
With the deletions of A above, Section B is
not needed. It may however be appropriate in
another section to define or state what is
required for approval. The wording
"appropriate determination by the council" is
not adequate since denial might be an
appropriate determination:-\See proposal
wording in Subdivision@.E':" May also need
to revise ordinance to allow townhouses in
the multiple dwelling district.
Parts deleted because if the PUD is cancelled
it doesn't exist. If amended, the amended
plan is the permit. If necessary, a statement
that a cancelled PUD no longer exists could
be added.
The purpose clause implies that any use can
be considered/allowed and setbacks, heights,
parking and similar provisions can be varied.
This amounts to total flexibility. For course,
. it is understood that the City is not obligated
to allow or approve the flexibility.
Thibault
ASSOCIATES
DRAFT - May 20, 2003::"Oct. 7..7003,J
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Subdivision 2. Definition of Planned Unit Developments.
A. Planned Unit Developments are defined for purposes of this
Section to include only the follo',V:.ng:
I.Deyelopments ha'r.ng t',Vo or more principal uses on a single
parcel ofland.
2.Developmcnts haying two or more principal structures on a
single parcel oflWld.
3..^~partment projects involv.ng a multi use structure, such as
an apartment building ..vith retail at ground floor leyel.
1.To\vnhouses which for purposes of this Section are defined
as single family, attached dwelling units on separate parcels
ofland which are constructed contiguous to one another
and separated by a bear.ng Viall or walls. Such d'l/eYing
units shall be contained within one structure and shall be of
the ro'"" house type in contrast to multiple dwelling
apartment struotures. They shall also have separate
entrances to front and rear yards.
5.Developments having two or more prindpal use struotures
located on t':IO or more lets either in single or mukiple
ownership, provided the combined area totals one or more
acres and the plan submitted includes the entire area to
which the planned tmit will. apply. Parcels within
redevelopment areas v.'hieh haye been established pursuant
to Mir.nesota Statutes, Sections 462.411 162.716, and all
acts amendatory thereof.
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B. f~ development may qualitY as a Planned Unit De','elopment
only upon application in accord '.'lith the procedures contained
herein and an appropriate determination by the COUll0il.
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Subdivision ~ 2. Applicability of This Chapter.
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A: 1. 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 building on a lot and similar
regulations provided the following minimums are met and
the PUD plan complies with the other provisions of this and
other Planned Unit Development sections. Approval of a
Planned Unit Developments may be exch:lded from certain
other requirements of this Chapter proyiding that the
conditions contained herein are complied '.vith. The and
granting of a PUD permit does not alter the existing zoning
district classification of a parcel in any manner; however,
2
86 once a PUD use pennit has been granted and remains in
87 effect for a parce~ no building permits shall aet--be issued for
88 that parcel which are-~ not in conformance with the
89 approved PUD Plan, the Building Code, and with all other
90 applicable City Code provisions. and '.vith the appro'.'ed PUD
91 use pennit unless the pennit has been amended, canceled or
92 modified. f... Optional Land Use Control. Planned Unit
93 Development provisions provide an optional method of
94 regulating land use ,..mch permits flexibility ifl the uses
95 allowed and other regulating provisions including setbacks.
96 height. parking requirements number of building on a lot and
97 similar regulations provided the fullo',V:.ng minimlll'llS are met
98 and the PUD plan complies with the other provisions of this
99 and other Planned Unit Development sections.
100 Ik2. Uses. Once a Final PUD Plan is approved. the use or uses
101 are limited to those approved by the specific approved PUD
102 ordinance for the site and by the conditions. ifany. imposed
103 by the City in the approval process.
104 G:3. Maintenance - Preservation. All features and aspect ofthe
105 Final PUD Plan and related documents including but not
106 limited to buildings. setbacks. open space preserved areas.
107 landscaping. wetlands. buffers. grading. drainage. streets and
108 parking. hard cover. signs and similar features shall be useo:')
109 preserved and maintained as required .iii! said PUD plans and
110 documents.
a<:~:~fX
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This section has been reformatted and
simplified. Note the use of the word
guidelines in the title. The word "guidelines"
was taken from existing Subdivision 5B.
Thibault
ASSOCIATES
DRAFT - May 20, 2003 t:""Oct._7, 20031
Subdivision 4. Interpr~tation of Seetion. Whenever a question
arises concerning the interpretation of any portion of this Seotion,
the Planning Commission shall ascertain all facts concerning the
question and furward all data and a recommendation to the Council
fur determination.
Subdivision+~. Standards and Guidelines Standards aDd
Criteria fer PUD Permits.
.^... General Standards. When considering an application fur a PUD
pennit, the Council shall cOBSider the advice and recommendations
of the staff of the yarious City Departments, and of the Planning
Commission, and the effect of the proposed use 1:lpon the health,
safety, morals, and general welfare ofthe occupants of surrounding
lands and existing and anticipated traffic conditions, ineluding
parking facilities on adjacent streets and land. If it shall determine
that the proposed use 'Hill not be detrimental to the health, safety,
morals or general vlelfare of the community, and that said use is in
harmony with the general purpose and intent ofthis Section, the
Courwil may grant sueh permits. In making such determinations,
the various City Departments, the Planning Commission, and the
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No need to separate Residential and
Institution areas from Business and Industrial
since most standards in the ordinance are'the
same. Those not the same e.g. drainage can
be or should be considered in both types of
development.
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Size and frontage should probably be
Aered. Currently, there is no minimum size
_ it is proposed to state this in the
ordinance. Frontage could be left at 100 feet
or stated "Frontage on a public street shall be
at least 200 feet or adequate to serve the
development"
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"157
No change proposed if City finds this has
worked OK.
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t,:i:C:~;~~~~;~1~!~~,,<t. W,~~<fl i,..~t,;f{: :_;::-~}at~,m.':,g:~?1~\:N:-~l~ ~_~~'i1.:i+::~;~".r:[i,';;
As written this is not a standard and less than
accurate. The City could approve the private
road when it approves the plan. Design
standards for the private roads could be
. fled. See new Subd:.6:-A:9..:'"
Council shall take cognizance that many areas of the City are
located so that they may be utilized as transitiolHll areas bet'.veen
single family residenees and incompatibly more intense areas. If a
proposed Planned Unit Development meets the definition
contained hereir., a PUD permit may be used either (1) to permit
some variety of uses within transitional areas which will blend weY
with surrounding uses; (2) to provide a meallil of flexibility in
design and construction in transitional area; (3) to provide
maximum public control over the eventual development of
traru;itional areas; or (1) to achieve a combination of the roregoing I
objecthres. I
I
B. Residential and Institutional Area Standards. The parpose of
this Subparagraph is to establish S.tandards and Quidelines for
Planned Unit Developmets. the granting of a PUD permit to erect a
muki building apartment or institutional use project in relation to
an overaR design and an integrated phys~al p"lar.,:.i.!!"aeeefdftiiee
\:.With:the"]ffif"~OnraBa1iQ~e.s:prp_v!.d~ _ro..r!tr~.~ec.tion.
The OViller or o'.vfl:ers of any troot ofland may submit a plan ror the
development and use of such tract by making an appooation for a
PUD permit authorizing Clompletion of the development in
accordance with the rollo\ving standards:
.h .
A. Size -IThe traet of land for \vhieh such a development is
propo~d and a permit requested There is no minimum lot
size. shall not have less than one hundred (100) feet of
frontage on a public street as measured at building setback
~
CB:-Frontage:~rcmtage ona public street sruin be at least 100}
\feet~or adequate to serve the develop~e!!~. I
2. The proposed development shall be served by the publie
water and sewer system, and fire hydrants shall be installed
aceording to a plar., approved by the City staff, as to type and
location.
C. Setback
1. Principle Building. No principal building shall be
nearer than its height to the rear or side property line
when such line abuts on a single-family \:lSezoning
district.
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-1) Private roadways within the project shaY be constructed
according to a plan and approved by the City Engineer
as to type and location.
~,.~~, ~.~:....$"~".]o'~M!:.!:~~~~f"..
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Thibault
ASSOCIATES
DRAFf - May 20, 2003 - Oct,..7;-200,3
4
. ~:\ ~!':,~,?;:~:t:; '-?"~~m:
. .'!.J<.~.-;l;
No change proposed if the City finds this has
.ed OK.t!2-e.minor;deviation:sentence
_ added;Oct. 7~200J...1faaeviation.is
allowed,-ade'qUate.separatioo. "'SliOOlostilrbe
.required:- More landsCapmgat'such:.points ·
'may'be.needed;>
---
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As written, this is not a standard but states
three separate city groups would have to
approve the solid waste plan. The solid waste
plan should be approved by the City Council
as part of the PUD plan. See new Subd 6.A
This section could be simplified as shown.
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Thibault
ASSOCIATES
DRAFf - May 20, 2003 - OJ:f.7, 200.3......
2. All Buildings. No building shall be located less than 15
feet from the back of the curb line along those
roadways which are a part of the internal road system.
:Some:fiiirlo'f:deviati~rns may-be~alloweQ.
6. Provisions for solid \vaste storage and disposal shall be
provided according to a plan appro'/ed by the City staff,
the Planning Commission and the Couneil.
7.Landscaping shall be provided acoordiBg to a plan
approved by the Ceuneil in accord with the City
Landscape 8tandards. In addition, it shall include a
detailed planting list '.vith sizes indieated.
~D. Recreation. In the event certain land areas or structures
are provided proposed within the planned unit
development for private recreational use or as service
facilities, the owner of such land and buildings shall enter
into an agreement with the City to assure the continued
operation and maintenance to a pre-determined
reasonable standard. These common areas may be placed
under the ownership of one of the following as
determined by the Council, depending on whieh is more
appropriate:
(a) Dedicated to public where a community-wide
use would be anticipated.
(b) Landlord control.
( c) Landowners or Homeowners Association,
provided appropriate all ofthe fullowing
conditions and protections satisfactory to the
City are met such as formation of the
association. mandatory membership. use
restrictions must be permanent. liability
insurance. local taxes. maintenance. and
assessment provisions.
(1) The Lando'.-mers Association must be established prior to any sale.
(2) Memborship must be mandatory for each ()!.-mer, and :my successive
~
(3) The open space r~strictions must be permanent, not for a given
period of years.
(4) The Association must be responsible for liability insurance, local
taxes, and the maintenance of r~identi31 and other f3Cilities.
5
This section requires a PUD to be a quality
development to include preservation
consistency with the Comprehensive Plan
etc. in order to used the flexibility.
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03
04
E. Ouality Development - Preservation. Applicants
must show through their PUD plans and application
that the requested PUD achieves:
~1? A high quality of site planning. design.
landscaping and building materials
...2? Preservation of desirable site characteristics.
1~3-." Proposes development consistent with the
Comprehensive Plan and other City Plans.
~4.") Meets and is consistent with the intent and
purpose provisions and all other provisions of
the PUD ordinance.
&:
205 C. Business or Industrial Area Standards. The purpose ofthis
206 Subparagraph is to establffih staadards and guidelines for the
207 granting of a PUD permit for a business or industrial facility in
, ,208 relation to an o'/erall design and integrated physical plan, in
209 ooeordanee '.'lith the pro'lisions and procedures as pro'Aded in this
210 Seetion. The owner or owners of any such traet orland may submit
211 fur approval a plan for the development and use of such a troot for
212 commercial or indu:strial or other uses by making an application fur
13 a PUD permit authorizing completion of the de',elopment in
14 accordance with an approved plan. The following standards shall
15 ~
Not necessary. Covered.
Deleted since the City has control over the
area to be included in a PUD. In addition, the
City's rule of requiring a new plat for each
PUD provides a means to get the continuity
the City may want between lot lines and the
PUD boundary.
1. The traet shaY have BOt less than one hundred (100) feet of
frontage on a poolic street.
2. The development shall be served by the publie water and
sewer system and fire hydrants shall be installed according
to a plan, approved by the City staff, as to type and
location.
Deleted here but inserted with some revision
in subdivision 5B.
A good idea but why not state in the parking
section (Section 11.70) that parking spaces
shall be striped (painted). The site plan will
include delineated parking spaces and if
necessary require inclusion of a note about
striping or painting the spaces. See new
Subdivision- 6~A,.8(1)>
This too could be added to Section 11.70 and
deleted here. If there is a justified reason to
seek flexibility the City could consider it.
.Subdivision ~J(8(5)-">
to a plan approved by the City Engineer as to type of
materials used and location of facilities.
1. The entire site shall be utilized for the PUD.
5.The off street parking spaces shall be painted on the sur:lBeed
area oocording to a plan which has recei-..ed approval of the
COlJfleil.
6.Pro'lisions shall be designed fur off street loading to seniee
be designated for any other use.
7.Private roadways within the project shall be constructed
oocordiRg to a plan approved by the City Engineer as to
type and location.
Thibault
ASSOCIATES
~~
DRAFT - May 20, 2003 - Oct..7. 2003
6
{,r;5~~ :;~':;,
, . ,~~v-:.jf.
'k
,<,,'235
236
237
'238
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44
45
46
47
"e,;;, 248
Q"'249
250
251
'. 252
61
62
63
64
65
[!'-'266
. 267
t, }~J~}:,t~~(-:'" -$;
ti,\.dt~"'
'i~~ !~,
Thibault
ASSOCIATES
DRAFf - May 20, 2003 . Oct::7;-200J:::.-
8.Landscaping shall be provided according to a plan approved
by the Couneil in accord ",ita the City landscape standards.
In addition it shall inelude a detailed planting list '.vith sizes
indicated.
Source: Ordinance No. 565
Effective Date: 5 28 82
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. 2) an option or contract holder may
apply for a PUD provided the application is accompanied by a
fully executed agreements or documents from the owner stating
that such owner has no obiections to the proposed application and
is in fact ioining 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. processing. 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 500 feet of the
PUD 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 bases for the plan being developed and to
obtain information and suggestions from the neighborhood.
Subdivision 5 l\pplication Preliminary PUD
.\. f..pplication. The applicant shall complete and sign the
application and submit a preliminary PUD plan. All application
7
. Since the City states in its application
materials that the City will generate the list
of owners, this section is deleted.
93
94
95
96
'297
298
299
300
301
302
303
304
305
306
307
308
09
10
11
12
;~r~tx~ 'oIl< {i? '::0; ,~~~ ;;,.:..,
Thibault
ASSOCIATES
DRAFf - May 20, 2003 ~-:7:2003=
requirements must be completed and submitted for the application
to be processed.
Subdivision 6~. Application Procedure -= Preliminary PUD
Design 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 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. A separate public hearing and a Final PUD Plan shall
nevertheless. be required respecting such successive stage of the
project as the same is reached. A. f..n applicant fur a PUD permit
shall complete and submit to the Planning Department an
application in a furm prepared by and containing information
needed by the Planning Department. 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:
SoW"ce: Ordinance No. 215, 2M Series
Effective Date: 1 26 01
1. Preliminary PUD Plan. Twenty copies of Submit ~
p.E.reliminary design PUD Plan of the proposed
development illustrating the nature and type of proposed
development, identify all land uses and proposed square
footage. the location of buildings, and roadv,'RYs, existing
and proposed roadways and accesses. 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 expected density ofthe development, the total
area occupied by the development~ and-the amenities to be
provided and development schedule.
2. PreliminaIy"Gra"diiiirDrainage and Erosion Control Plan
3. Preliminary Tree Preservation Plan I
~ _4; Preliminary Building Code Analysis~
2.,^d} abstractor's certificate sho'.ving the names and addresses
ofaY property ovmers within 500 feet of the property
b01:Hldaries on '.'{mch the proposed improvement is to be
constructed.
8
313
314
315
16
17
18
19
20
321
22
23
24
25
26
27
28
-, 329
330
/331
332
333
334
335
336
">',;337
,.,338
339
I.
340
~. 341
,;,; ,,342
;., 343
;",344
;345
346
These additions clearly state the purposes as
related to health and welfare, higher quality,
preservation, efficiency and effectiveness,
mix of uses, use in transitional areas, and
links PUD to the Comprehensive Plan and to
redevelopment plans.
47
Affordable housing can be included if the
City desires. However, no specific mention
of housing types and/or affordable housing is
necessary because the regulations can be
waived or adjusted including density and
housing tvoe.
48
49
50
The 60 day rules apply. Rather than
specifYing the rule, it may be better to delete
. s section and use C.
53
54
Thibault
ASSOCIATES
DRAFT . May 20, 2003':,Oct. 7, 20fl3-
~5.Preliminary Plat. All data required for a preliminary plat by
the requirements ofthe Subdivision Regulations Chapter of
the City Code. This requirement may be waived if the PUD
is an amendment to an approved PUD.
~.Narrative. A narrative statement explaining how the
proposed PUD will meet the purpose and other provisions
of the PUD Ordinance'including: .......
1. _ Encourage. preserve and iInprove the health. saf~!y
and general welfare of the people of the City by
encouraging the use of contemporary land planning
princip~le~.
2. Achieve a high quality of site planning. design.
landscaping. and buiIamgmaterials which are
compatible with the existing and planned land uses.
3. EncoUfage 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 creativity and flexibility in land
development.
5. Encourage efficient and effective use ofland. open
space. streets. utilities and other public facilities.
6. Allow mixing land uses and assembly and
development of land to form larger parcels.
7. Encourage development in transitional areas which
achieve compatibility with all adiacent and nearby
land uses.
8. Achieve development consistent with the
Comprehensive Plan.
9. Achieve development consistent with the City's
redevelopment plans and goals.
10. Encourage construction of a variety offavorable
housing tYI'.es and affordable housing.
7. Future Requirements. The applicant is advised to consider
the requirement for a Final PUD Plan when preparing the
Preliminary PUD Plan.
5.A narrative statement explaining how the proposed PUD 'Nill
meet the purpose and other provisions of the PUD Ordirnmee.
6:-8.0ther. An applicant may submit any additional infonnation
which may explain the proposed improyementPUD.
9
"',,362
63
64
65
):,366
.,)67
'368
"" 369
,370
371
"372
73
74
75
76
';"1""377
No reason to limit the commission's role to
use only the use and plan are inseparable in
PUD, In some cases the PUD is sought not
because of the use but because of flexibility
sought in other provisions of the
conventional zoning.
79
80
81
82
/";383
384
385
386
'387
388
389
390
.' 391
392
93
94
95
96
No need to include specific wording about
amending the plan. It's understood to be
wed. There is no parallel wording in the
. g amendment or CUP sections.
Thibault
ASSOCIATES
DRAFf - May 20, 2003 - oa:"7:2003
-- ~
B. Each application for a PUD permit must contain all data
required by this Subdivision and, until it does, it will not be
eligible fur consideration by the Planning Department, the
Planning CoIlll1lission or any other coII1R1issien, committee or
body ofthe City.
(;,;-8. Planning Department. Upon submission of a completed
application, the Planning Department shall:
1. Refer. Refer the application to the Departments of Public
Works. Public Safety and Park and Recreation for their I
written evaluations regarding those aspects of the proposal
which affect the particular department's area of
interest.Refer it to the Planning CoIlll1lission fur a public
iflformation meeting;
2. NotifY. NotifY by mail property owners by mail within 500
feet of the subject property of the public information
meeting, however, failure of any property owner to receive
notification shall not invalidate the proceedings~-,- aBd,
3. Report. Prepare a report and refer it to the Planning
Commission for review at the public information
meeting.Refer the application to the Departments of Pub lie
Works, Public Safety and Park and Recreation fur their
vmtten evaluations regarding those aspects ofthe proposal
which affect the particular department's area of interest.
78
B. C. Planning Commission.
1. Informational HearingMeeting. The Planning Commission
shall hold a public informational meeting and consider the
application for consistency with the Intent and Purpose
provisions and other PUD requirements. within 10 days,
but not earlier than ten days, from date of submission to the
Planning CoIlll1lission, fur purposes of a report and
recommendation to the CotHlCil. The Plan.ting
CoIlll1lission's considemtion of the application shaR be
limited to a determination of whether the application
constitutes an appropriate land 1:15e under the general
principles and standards adhered to in the City and, if
necessary, its report shall include recommended changes Hi
the land 1:15e planned by the applicant so as to conform the
application or recommend approval subject to certain
conditions or modifications. Wlille the matter is 'under
consideration by the Planning Collllllission, the applicant
may amend any part of the application. Uno aetion is taken
by the Planning Commission vlitbin the period of time
10
h
~ ~.
~fi(jt1~1'
397
,398
?) ,)99
AOO
401
402
403
404
405
"406
407
08
09
10
11
12
Revised to keep it simple and to delete
reference to a specific meeting or number of
days.
Deletions made to avoid conflict with the 60-
day rule.
13
Reference to zoning chapter deleted because
the public hearing is not covered in the
chapter other than in the statement that a
change can be made "after an official public
hearing" (11.90 Subd 3).
14
15
16
17
18
19
20
21
22
23
anges proposed are more open ended.
'",z,..'.''- ..,
'c..h<-;J3~j ~~'{.~.~};,';:;"
Old title is a misnomer. Proposed title is
more in keeping with what it is. And it
addresses Issue 23.
426
",.427
":~;:;,iti;;,, 1 ~~
'C '1!,:~" "430
" .,', 431
.,,~ 432
~1: 433
~; 434
~" -.,
" 435
~)'436
Thibault
ASSOCIATES
DRAFT - May 20, 20038:>ct..7. 2001
allowed for action by such body, and there has been no
delay caused or requested by the applicant, the applieation
shall be forwarded '.vithout comment to the Council. ,AJlY
applicant may, if such applicant so desires, request a delay
in the proceedings, ',mch shall delay the time period
provided by this Section; however, it shaR not delay the
time period HlOre than 90 days.
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. F:-Action. The report findings and action ofthe Planning
Commission shall be forwarded to the Council,- for their
next regular meeting follo'Ning the preparation of said
report, but not later than ninety (90) days after the applicant
has first submitted such application to the Planning
CoIlllIlission, as required under Subparagraph C, abo',e.
G:-D. City Council.
LThe Council shall thereafter hold a public hearing, and
take action on the application,- '.vitbin sixty (60) days after
submission of a report by the Planning Colllmission. The
public hearing shall be called and notice thereof given in
the manner required by statute,- and the Zoning Chapter
respecting zoning petitions.
2. Actions. The findings and action of the Council may
include a request for plan amendments, approval, denial, or
other action deemed appropriate by the Council. referral
back to the Plmming Colllmission.
F 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.
2. Preservation. The PUD plan preserves and protects
substantial desirable portions of the sites' 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.
11
437 4. Compatibility. The PUD Plan results in development
438 compatible with adjacent uses and is consistent with the
439 Comprehensive Plan and redevelopment plans and goals.
440 5. General Health. The PUD plan is consistent with
441 preserving and improving the general health, safety and
:;442 general welfare of the people of the City.
443 6. Meets Requirements. The PUD plan meets the PUD Intent
444 and Purpose provision and all other PUD ordinance
445 provIsIon.
~A55
~~456
457
458
459
460
61
462
463
464
65
466
467
468
;469
,.>470
..:.:',"~)-
,,'.' 471
472
473
J 474
~475
476
:477
478
479
Thibault
ASSOCIATES
DRAFT "May 20, 2003 ".Oct.:.7,1003
Subdivision~. Application Procedure - CeBend Final pun
Plan of RedeyelopmeBt Stage.
A. Application and Final PUD Plan Requirements. Once the City
Council has approved an applicant's Preliminary PUD Plan, the
applicant shall submit within 180 days a complete Final PUD Plan.
A Final PUD Plan shall be submitted which meets and is consistent
with the PUD Intent and Purpose provisions, standards and other
PUD provisions and shall include, but not be limited to, the
following.
1. Site Plan. Development Plan. Plans of the proposed PUD
development. Identify all land uses and proposed square
footage, the location of buildings, existing and proposed
roadways and accesses, 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 new and gross density of the
development, the total area occupied by the development
the amenities to be provided and development schedule.
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. The narrative
shall describe these setbacks and provide the rationale 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
12
.ol (~
Ie.....
'.'
'?f
"'480
, 481
%,,482
l'i.'~::-9
" 483
484
485
486
487
bf~488
..;j'489
490
491
492
:.'493
'494
.495
:'1.
496
-497
498
499
,: 500
501
',' '502
'~, "503
:!~~~" 504
,~~ 505
>"'506
f!~;j" 507
'!~!:\ '508
.~\ 4~509
510
511
512
513
,;;514
515
516
17
,1,,518
519
520
521
"522
.523
, 524
'525
'-~i
'!:~
';i..=-
'"
.1, "';'
~~ . !i'
.. ,,~
i'." ..
>:.'
.
Thibault
ASSOCIATES'
- -
DRAFT - May 20, 2003 f'Oct.~7;2003
slopes. trees. scenic views. waterways. wetland and lakes.
The plan shall include new plantings. fixtures. equipment
and method of preservation. Said plan and information
may be included on the Landscape Plan.
4. Wetlands and Ponds Guidelines. Wetlands and ponds shall
have a buffer strip at least 25 feet wide composed of natural
vegetation but not an improved and/or fertilized lawn.
5. 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.
r6. Tree Preservat1on~P.bin.-:A complete:free-preservation plan
consistent with the-PUD requirements and the Prelinllnary
PUD Plan as approved by the City. ~ _
67. Landscape Plans. A complete landscaping plans showing'
vegetation to be removed. vegetation to be retained and
proposed vegetation. Plans.shall include species. quantities.
plating methods and sizes. Within any specific PUr>. the
landscaping may be required to exceed the City's policy on .i
minimum landscape standard. 7
8. Public Space. The City may require a reasonable portion.
up to 10 percent of the gross area of the site. to be
dedicated to the public for public use for park. trail or
public open space. consistent with the subdivision
ordinance and based on the Comprehensive Plan..
redevelopment plans or other City plans. Or the Council
may require a cash contribution based on the fair market
value of the undeveloped land.
9. Transportation and Parking Plan. A complete plan shall be
submitted which includes: 1) 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; 2)
internal roads. if any; 3) driveways; 4) parking. including
layout dimensions of spaces and aisles. total parking by
use. and a notation about striping/painting the spaces; 5)
off-street loading for business uses; 6) provision and an
explanation for snow storage. 7) provisions and a plan for
maintenance of the facilities; 8) calculation of traffic
proiections by use with assignments to the roads. drives and
accesses serving the PUD; include existing traffic volumes
for existing adjacent streets using the most recent counts
and/or based on the uses and trip generation estimates; 9)
13
526
,527
,,528
},;~529
.', 30
31
32
33
34
35
36
37
38
39
40
.c.'~541
542
543
544
545
546
547
'548
,549
f~;550
551
Based on staff discussion it appears that
public streets are preferred. But this might
not be true of the City Council or Planning
Commission. The structure proposed here is
that a private street requires a waiver.
Secondly, criteria are listed which are used to
determine the merits of the requested waiver.
Thirdly, private street design standards are
proposed. If desired, fewer standards could
be listed or the wording reduced to a few
general terms.
Public space provisions address Issue 12
raised by the City. In situations where there
is a plat on top of a plat in which previously
donated land or cash was contributed, an
additional contribution which would exceed
.10% might be difficult.
Thibault
ASSOCIATES
DRAFT - May 20, 2003 ~'Q;i 7~2003-
plans must include 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.
10. 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.
1) Extension of a public street is not physically
feasible as determined by the city.
2) Severe grades make it infeasible according to the
city to construct a public street to minimum city
standards:
3) The city determines that a public road extension
would adversely impact natural amenities.
4) There is no feasible present or future means of
extending right-of-way from other directions.
/ -5)-The design and construction standards must result,
~in-a functionally sound street in balance With its t.1
intended u~e and setting!
6) The number of lots to share a common private
access drive is reasonable.
7) Covenants which assign driveway installation and
future maintenance responsibility in a manner
acceptable to the City are submitted and recorded
with the titles of the parcels which are benefited.
If the city determines that there is need for a public street
extension. this p"roVision shall not apply. and the right-of-
way for a public street shall be provided by dedication in I
the plat. -
A) Private Street Design Standards.
1). The street must have adequate width consistent with
the Transportation Plan and must be located and
approximately centered within an easement at least
4 feet wider than the street.
2). The private street shall be designed to minimize
impacts upon adioining parcels.
3). Common sections of the private street servintftltFee"]
or more dwellingS be built to a seven-ton design. i,
· paved to a width of20 feet. utilize a minimum I
grade. aii'd-Kavea- maximum grade which does not1 .
exceed ten percent. ;
14
4). The private street must be provided with suitable
drainage.
5). Covenants concerning maintenance and use shall be
filed against all benefiting properties.
6). Street addresses or city-approved street name sign.
if required. must be posted at the point where the
private street intersects the public right-of-way.
575 I-I":' Grading. Drainage and Erosion Control Plans - Complete)
576 plans for-grading. drainage and"erosion control which meet
577 the City's standards shall be submitted_ The plan shall show
578 hard surface calculations by areas - buildings. private~ -
.' 579 streets. driveways. parking lots~ plazas. .walks. trails. -etc.
580 Hard surface coverage is expected to not exceed the
581 following City standards. Maximum Hard
Uses Cover Percent
93
94
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
Thibault
ASSOCIATES
DRAFT . May 20, 2003~Oct. 7, 200;1
Single Family 38%
Townhouses 40%
Apartments-Condominiums 42%
Institutional Uses 45%
I~~~U~ 7~
Business Uses 80%
Commercial-Retail 90%
Mixed Uses of Housing with Retail.
Office or Business 90%
12. Utilities and Service Facilities. Provide a plan showing how
the site will be served with city water. fire hydrants. city
sanitary sewer. electricity. gas. telephone lines and other
lines such as fiber optics. cable television. DSU. etc.
13. Final Building Code Analysis
1-4~Refuse and-Garbage -=-Prdvide a refuse disposal Plan
including provisions for storage and removal on a regular
scheduled 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 garage or in an enclosed screened in area
J designed of materials to match the principle building.)
15. Architectural plans. 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.
15
..:.,,'-<<.\ :.....:.;\'",:i~,~t:"
;;",:i<Ej:.{t;; 610
"j' ';~;tt<,J;rit ~ ~ ;
613
614
615
616
617
This addresses Issue 14. The City's
presumption appears that some consideration
of flexibility might be given to PUD which
address this type of housing. Life-cycle
housing is vague. Affordable housing is
fairly well understood.
These additions clearly state the purposes as
related to health and welfare, higher quality,
preservation, efficiency and effectiveness,
mix of uses, use in transitional areas, and
links PUD to the Comprehensive Plan and to
redevelopment plans.
~: 1i~ (-
Thibault
ASSOCIATES
DRAFf - May 20, 2003 -OCt. 7,2003 .,
16. Sign Plan. Sign Plan showing the location of proposed
signs. size. materials. color. lighting and the like. In those
instances where all signs are not 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.
17. Dwelling Information. Complete data as to dwelling unit
number. density net and gross. sizes. tyPes. etc..
18. Life-Cycle and Affordable Housing. If the PUD includes
"life-cycle" or affordable housing. provide a narrative
describing the housing. and the guarantees such as
covenants to be used to secure such housing.
19. Population. A population component shall contain a
descriptive statement of the estimated population. and
population characteristics.
20. Employees. If office. coiiunercial. business. service firms
or institutional uses are included in the PUD. the esfimated~
number of employees shaltbe included. ~
+h21. Final Plat. Unless waived by the City. 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.) I ,.
~22. Schedule. A schedule and proposed staging if any at
the development.
23. Narrative. 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 Includ~g: 7
1"':"" Encourage., preserve and improve the hea1t~ 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
comeatible 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 creativity-and flexibility in land
development. ·
16
The public hearing wording need only state
that there be one. The following addition
would be added. It is a more concise version
of existing SuM. 8 "At the public hearing
provided the Council shall consider the staff
and Planning Commission reports shall hear
from the proponents ofthe application, and
shall open the discussion to questions or
comments from persons notified of the
hearing'or claiming to have an interest
therein. "
Old title is a misnomer. Proposed title is
re in keeping with what it is. And it
esses Issue 23.
Thibault
ASSOCIATES
DRAFT - May 20, 2003 . Oct. 7, 2003"\
.i',~'" '654
. 655
656
657
~. 658
il" ,;,:;~.::659
" .r;....660
',i0~;' 661
.",662
" '~~:663
664
665
666
5. Encourage efficient and effective use ofland. open
space. streets:-;tilities and other public facilities.
6. Allow mixing land uses and assembly and oevelopment
of land to form larger parcels.
7. Encourage development in transitional areas which
achieve compatibility with all adiacent and nearby land
uses. .. - - _
8. Achieve development consistent with the
Comprehensive Plan.
9. Achieve development consistent with the City's
redevelopment plans and goals.
10. Encourage construction of a variety of favorable
housingtypes and affordable housing. - ·
24. Other. The applicant may submit any additional
information which may explain the proposed PUD.
25. Director of Planning. The Director of Planning may require
more or less information than that listed above.
B. Planning Commission.
1. Public Hearing. The Planning Commission shall hold a
public hearing.
2. Consistency. The commission shall review the Final PUD
plan for consistency with all 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 provision of the PUD ordinance. and principles
and standards adhered to in the City.
3. Action. The finding. actions and report of the commission
to the Council may include conditions and modifications to
the Final PUD Plan.
C. City Council.
1. Public Hearing. The City Council shall hold a public
hearing. which shall be called and notice thereof given in
the manner required by statute.
2. Action. The action ofthe Council may include plan
amendments. approval. denial. or other action based on
finding and deemed appropriate by the City Council.
D. Findings. Approval of a Final PUD Plan requires the following
findings be made by the City:
17
,', ,~I:~'
'^ ";. ;,\:693
.,' ",;; ,~t 694
"~,~:~~m
,698
'699
700
701
;.,;."!;f)!;:N;.;~,~ -\702
~;;,,'::;~;;;: 703
,:{ "',~,~~~1
~; :;, 706
''c~r'.,-'':'\ 707
,,,,713
k 714
'715
"716
717
'"i718
,719
i
'''720
'721
x722
",723
~724
.~725
726
727
728
Thibault
ASSOCIATES
DRAFT -May 20, 20031-Oct._7,2003 ,
'"
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 sites' 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 adiacent 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 ofthe people ofthe City.
6. Meets Requirements. The PUD plan meets the PUD Intent
and Purpose provision and all other PUD ordinance
proVIsIon
A Publie Hearing Planning Commission. Once the COlHlCil has
approved an applicant's Preliminary Design PUD Plan, the
applicant shall submit the Final PUD Plan \vithin one hlHldred
eighty (180) days thereofthe complete plans and specifications
fur the PUD as required hereunder, together ...lith a :filing fee as
adopted by resolution ofthe Couneil. Thereafter, the Couneil
commission shaH hold a public informational hearing on the
and consider the application and the Geneml Plan of
De'/elopment and take action thereof\vithin one hundred
twenty (120) days of submission ofthe complete plans and
speoifications, after notice thereofhas been given in the
manner required by statute and the Zoning Chapter respecting
zoning petitions. The action of the COlHlcil may inolude a
request fur plan amendments, approval, denial or referral to the
Plan."ling Commission or other City commissions or
committees fur further consideration.
B. General Plan Requirements fur ,All ..\reas. .\ General Plan of
Deyelopment shall be submitted for all proposed PUD's, which
shaH include, but not be limited to, the fuHov<ing information:
1.8ite Plan. Complete details of the proposed site deyelopment,
including location of buildings, drive\vays, parking places,
dimensions of the parking spaces, dimensions of the lot, lot
area and yard dimensions.
18
"'736
~' 737
738
739
740
741
,!~f.742
.743
Thibault
ASSOCIATES
- -
DRAFT - May 20, 2003-- Oct-7; 2003
2.Complete landscaping plans, including species and size of
trees and shrubs proposed.
3.Complete plans for proposed side'.valks to service parking,
recreation and service areas '.vitbin the proposed
deyelopment.
4.Complete plans for proposed storm water and surface water
drainage system.
5.Preliminary architectural pm shoV.1flg the floor plan and
elevations of the proposed buildings.
6.Information indicating exterior wall finishes proposed for all
principal and accessory buildings.
7.Complete data as to dwelling unit sizes.
80urce: Ordinanee No. 565
Date: 5 28 82
8. Unless waived by the City, all data required on a
preliminary plat and on a final plat, including streets, utility
easements, existing or proposed subdivision of ownership,
and suoh other information, if 8flY, as required by the
Chapter 12 (8ubdivision Regulations) of the City Code
(proyided, hovlever, that the application fur the PUD may
request variances therefrom and if so, the submitted data
shall include the information and rationale required by
8ection 12.51 of the City Code fur variances from the
8ubdivision Regulations.).
80urce: Ordinance No. 245, 2116 8eries
Effective Date: -1 26 01
9. Unless ,,,aiyed by the City, a deyelopment agreement in a
furm appro'.'ed by the Department of Pub lie Works to
install all public impro'lements required by the City Code.
C. Requirements fur General Development Plan for Large or
Complex .'\reas. In areas of such complexity that more detailed and
complete plans may be warranted, the Planning Department may
require one or more of the fullowing as a part ofthe application fur
the Preliminary Design, in addition to other requirements ofthis
8ection:
1.A Land Use Component shall consist of a map or maps,
setting furth the distribution, location, and size of each
category ofland use proposed as part of the General Plan of
Development.
19
Thibault
ASSOCIATES
DRAFT . May 20, 2003 . Qc:t.'7, 2001'-
2.1'.. Circulation Component shalt consist of a map or maps,
setting forth the generalloeation ofvt'alks, trails and roads
and extent of all transportation facilities proposed as part of
the General Plan of Development. Such facilities shall
include an provisions for the circulation of traffie '.vithin
the planned area related to the Land Use Component. The
Planning Department may require a circulation plan
prepared and signed by a registered engineer.
3.f1 Population Component shan contam a descriptive
statement of the estimated population density and building
intensity ror 'fBrious proposed land uses, including
estimates of future population characteristics and change
within the plar.ned connmmity correlated vlith other
Components of the General Plan ofDeYlelopment. The
supporting data shall include, but not be limited to,
d'.veRing (housing) tmits per acre ror the various residential
uses proposed; and square rootage by type ror the ';arious
non residential facilities including sufficient data to
calculate traffic generation, parking requirements, "vater
cOllimmption, sev.'age needs and the necessary capacity of
related utilities and services traditionally rendered by
public or private organiz:ations for a population of such size
as is projected ror the completed planned development.
1./'1 Services and Facilities Component shall contain (l map or
maps setting forth the general location and extent of any
and all existing and proposed systems for sewage, domestic
water supply and distribution, refuse disposal, drainage,
local utilities and rights of vray, easements, facilities and
appurtenanees necessary therefore. Said Component shall
also contain a detailed statement describing the proposed
O'.vnership, method of operation, and maintenance of eaeh
oooh service and facility.
5.l\. Construction Order Component shan eontain a map or
maps setting forth the proposed chronological order of
construetion relating each proposed use and structure to the
construction ofthe various services and facilities as may be
required herein. Said Component shall include estimated
completion dates and shall specify the proposed order of
request for utility release or other authority to oecupy
completed structl:lfes so as to pro'l'ide a basis ror
determining the adequacy of the related services and
facilities ror each separate construction phase.
6.f1dditional Components may be required such as: .^..
Recreation Component; a Public Building Component,
providing ror consideration for ad.miBi5trative and publio
20
The City's practice has been to approve
PUDs by ordinance; therefore, it is
appropriate to state this in the PUD
ordinance. The City should consider
requiring a 2/3 majority vote since some
PUDs have the impact of a zoning change.
Although statutes only require a majority
vote for residential zoning changes.
Since PUD is not a Zoning District, nor is it a
conditional use, the City needs to be able /
ready to defend how many votes are required
for approval, keeping in mind the impact of a
zoning change can be achieved through the
PUD process.
Thibault
ASSOCIATES
DRAFT - May 20, 2003 ~O!;t. 7:.2003 I
-
safety quarters; and such other components indicated by the
nature of the particular proposed development.
7.Maps and Reports shall be included sueh as: supporting maps
drawn to scale, diagrams, charts, descriptions, reports and
explanation of methods l!tilized in its formulation.
Source: Ordioonee No. 565
Effective Date: 5 28 82
SuhclwisioD 8. Nature of Puhlie HeariDg.
~ l\t the publie hearing provided for by this Section, the Council
shall consider the staff and Planning Commission reports as have
been filed 'Jlith it concerning the application, shall hear from the
proponents of the application, and shall open the discussion to
questions or comments from persons notified of the hearing or
claiming to have an interest therein. 1\t the conclusion of the
hear.ng, '.vhich may be continued from time to time, the Council,
within the specified time limits, shall either approve, den.y or refer
the applieation to the Planning Commission for further
consideration; provided, howeyer, that in the latter e"lent, the
application must be placed book on the COWlcil agenda for final
approval or denial within 120 days following the taking of the
latter action. The affirmative vote ofa majority of the Council
members shall be required for final approval of any Preliminary
Design or General Plan of Development.
-E. Approval. Approval of a Planned Unit Development shall be by
ordinance requiring an affirmative vote of a maiority of the City
Council.
Source: Ordinance No. 256, 200 Series
Effective Date: 8 16 01
Subdivision 91. PreparatioD aDd Approval of PUD
PermitAe:reement. Following Council approval of a General Final
PUD Plan of Development, the City staff shall prepare a PUD
permit agreement which establishes specifies permitted uses,
allowable densities, development phasing, required improvements,
completion dates for improvements, required bonding Letter of
Credit amount, yard and open space maintenance and preservation
provisions. and additional requirements for each PUD, in
accordance with the conditions established in the City Council
approval ofthe General Final PUD Plan and PUD ordinance-ef
De'/elopment. Once the applicant has obtained :final plat approval,
unless the platting requirement has been wah<ed, or unless the
21
Delete. The 60-day rule prevails.
2/ 877
878
879
~e 880
--o~,
881
882
,883
884
,
'885
886
"':887
888
"889
'"890
Thibault
ASSOCIATES
DRAFT - May 20, 2003 ~, 2003""':.
-
development has zero lot lines, the PUD permit shall be submitted
to the Council for issuance. The PUD agreement shall be signed by
the petitioner within 30 days of the City Council's approval of the
agreement.
Source: Ordinance No. 565
Effeeti"le Date: 5 28 82
Subdivision 1O~. Building Permit. Following approval of a Final
PUD Plan and execution of the PUD agreement. the City may I
grant building permits for proposed structures within the approved I
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.
Multiple PRrt~els. /\ PUD shaY be regulated by a single permit,
together with attachments, regardless of whether it consists of
more than one lot. If a PUD consists of more than one lot the
follo'.ving regulations shall apply regardless ofthe number of
O'.vners.
,.^... The main body of the PUD permit shall consist ofthe
regulations or sections required by this Section 11.55 ofthe City
Code. Unless modified by the City Council, most of such main
body of the permit shall contain aY provisions relating to shared or '
interdependent facilities including shared driveways, parking,
landscaping, maintenance or other shared itelllS or responsibilities
between the lots. It may also include building footprints, building
facades, signage style, and outdoor appearance.
B. f..t the discretion of the City Council, 'the PUD permit may
include an individual attachment for each lot '.'Iithin the PUD. The
individual attachment shaY contain regulations that are of sole
conoern to the o'.vner of that lot, although the City Council may
again in its sole discretion, include other itelllS in the attachment
that ordinarily '."ould be in the main body ofthe permit.
C. i\ll o'..vners shall sign the main body of the permit at the time it
is appro'/ed or amended.
D. Only the ov..ners of a particular lot ,,,,ill sign the individual
attachment pertaining to such lot.
E. f..mendments to the main body of the permit must haye
agreement of all property owners within the PUD, unless
paragraph G below applies.
22
902
903
.~j, 904
"'905
:906
-~,907
908
909
Delete this section to prevent conflict with
the approved ordinance. See changes
proposed in Sulxlivision. Secondly, there is
no parallel provision under CUP or zoning
changes. Deleting this provision will not
4ient one from requesting withdrawal at
h point the City will give the matter
per consideration.
The current ordinance is quite restrictive in
that small changes require an amendment
processed as the original PUD. Deletions
proposed simplify this section. A new section
covering minor amendments could be added.
Deleted because 1) can't amend a denial
permit since it doesn't exist as a permit. 2) a
request to change conditions is covered in the
first sentence. 3) other situation seems to be
meaningless.
Since the City approveS a PUD by ordinance,
the proper way to cancel or terminate the 35
approved PUD is by adoption ofa new 36
ordinance rescinding the approved ordinance. 37
38
);?l:ii~~ ? .. .-.~~"?i\',.i.i\;~"f,:(,~~tpY~1:'.'~'h
;>,.... -Thibault-- ". ..~,,' ,..;; n" -..
ASSOCIATES
DRAFr - May 20, 2003~Oct.~7:2003,
F. If an amendment pertains only to the attachment fur an
individual lot, eOlliient or agreement of all ovmers is not necessary;
howe';er, the City Cmmcil will cOlliiider any OOReefllii or objectiollii
:from other ovmers within the PUD befure making a final decision.
G. If an existing PUD contains mukiple parcels owned by different
persons, the o':mers of one ofthe paroels may apply for an.
amendment to the PUD terms concerning solely his or her parcel.
The City COlHlCH shall make the final determination as to v:hieh
terms COReem solely ORe parcel. If the application provides fur
change in any of the terms concerning parcels not ovmed by the
applicant, the ovmers of such nonovmed parcels must join in the
application.
Source: OrdinaRee No. 117, 2nd Series
Effective Date: 8 15 96
SubdivisioB 11. Method of'VithdrawiBg a pun ApplieatioB.
/\ny application fur a PUD permit may be withdrawn by the
applicant at any time prior to filing the required final plat thereof in
accordance with the Subdivision Regulations Chapter of the City
Code, or if no platting is required in connection with the PUD
application then at the time prior to physical implementation of the
approved permit, such as the commencement of construction on
the permit site.
Subdivision H2. Method of AmendiBg a PUD
PermitAmendments. :\ny desired change invohing a struotural
alteration, enlargement or intensification of use not specifically
allo\ved by a particular PUD permit, or any request fur a varlanee
from the specific terms of a previously issued PUD permit, shall
require that an application be filed for an amended permit and all
procedures shall then apply as if a new permit was being applied
for. Ifthere is a question whether an amendment is required, the
question shall be submitted to the Council for determination. An
application fer-aB 1Q..amended g PUD ~ shall be administered
in the same manner as that required for an initial PU1>~,however~ a
minor amendment may be made through review and approval by a
simple maiority vote of the City Council with or without referral to
the Planning Commission. To "qu-algtfor this review. the minor
amendment shall not:
1. Eliminate. diminish or be disruptive to the preservation and
protection of sensitive"site.features.
2. Eliminate, diminish or comproniise the high quality of site ,
planning. design. landsc~p_~g or bu~?ing materials.
23
. .
,,;,E"939
::'~~0940
;'Ji '941
942
943
,944
45
46
47
48
4.9
"~"'i950
951
Miiior aiiteiidffieii.t 'pI:ovisions allow a method
to deal-'Yith ~ch sitUations effectively and
~ efficiently. The threshold figures may be
increased or decreased if the City desires.
- 3. Significantly alters the location of buildings. parking areas
or roads. .
4. Increases or decreases the number of residential dwelling
units by more than five percent.
5. Increases the gross floor area of non-residential buildings
by more than three percent or increases the-gross floor area
of any individual ~uilding by more than five percent.
6. Increases the number of stories of any building.
7. Decreases the amount oropen space by more than t~ee
percent or alters it in such _a. way as to change its oiiginal- f' .-
design or intended function 'Or use. I
8. Create non-compliance with~any special condition:attache~~
to the approval of the Final PUD Plan. i
permit. except that the fee shall be in the amount adopted by
resolution of the Council. The amendment procedtH"e shall also
apply to re applications fur permits that haye been denied, requests
for changes in specific conditions contained in an existing permit,
and fur other situations described in this Section.
'0,957 Subdivision HIO. Method of Cancellation ofPUD Permit. Any
958 existing, appro'led PUD permit shall be deemed to be canceled if
959 the o'...,ner onhe land involved in the permit applies fur and
"960 receives a rezoning respecting said property prior to the time that
961 there is any physical implementation of the matters covered by the
962 previously approved PUD permit. In addition, an existing PUD
,,963 permit shall be deemed to be automatically eanceled in the e'lent
964 that a final plat, if the same be required in connection with the
;,,965 permit, is not filed as required by and in aecordance \'..,ith the terms
';966 of the Subdivision Regulations Chapter of the City Code 'Nithin six
,967 (6) months fullowing final approval onhe PUD permit by the
'968 Coooeil. In all other situations, an existing A-PUD permit shall
)'969 only be canceled and revoked, short of expiring aecording to its
970 own terms, upon the City Council adopting an ordinance
971 rescinding the ordinance approving the PUD. action in aecordanee
972 ,-,lith law.
Certification provisions are not now typically
followed for 1) Plans to be approved
2)Changes and 3) upon completion.
Therefore all the details are deleted except to
state the City may require certification.
Certification can be individualized to fit the
. circumstances and if need be it can be a
condition ofPUD approval and/or dealt with
. the ordinance and/or agreement.
Thibault
ASSOCIATES
DRAFT - May 20, 2003 -Oct: 7, 2003
73
74
75
76
77
78
79
80
Subdivision 14!!. CeBel1llAdministration.
A. Records. The Planning Department shall maintain a record of
all PUD permits issuedPlanned Unit Development approved by the
City Council, including information on the use, location,
conditions imposed by the Council, time limits, review dates, and
such other information as may be appropriate. Each approved
PUD permits granted shall be clearly noted on the Zoning District
Map.
24
'\:.;-~' ~ ::,,~~:~~'-i~:!~;';i?,:.~~~~;., :.!"~'r. ,"j;?
,~
"'.
.,:::" ;. ..';
If !.~' "e
~~~ :SO'
~
~',.
'.~,~ ~~;:.J ::
."s.
y.; '.;'
.q.
,,~ ;,
'r'I': ~:
~7
,:" .:~,
'~l
1f:. ~~
. '~ ~
~
~
~~ '"2 .:~~_ '*
"
"
,"
I Del<ti~
.;~. t:..l'.
i.~t~.: ;,~C;:t~~ oJ,'
.',;"J'
~~\i';~
~.~" ~'O
[.i....~.::,.~~,
'.',; ',~
\e ,~l1,t'tc: "to'"
t~'~,~!7
O"'"yj..
Iff :r::
~'t..~ M
A Letter of Credit is recommended
instead of bonding. Other deletions
make it easier to grasp the intent.
Thibault
ASSOCIATES
DRAFT - May 20, 2003 - Qd 7, 2003'
.-.~ ~~i; ,~~~";V
~,. 981
'1';
982
983
984
"". '.. "'985
"'F ,'~"" 986
~' ,987
$;, 988
,,'1< 989
990
991
992
'" ill 993
':~;'-',:':" 994
~1 ,~
"''' 995
~~!
999
~.~, :;.~.
'" 000
:. 001
002
"""",,003
''! 004
:,,005
:i~~~ '{i.
'z I"~ I'''", ,006
" '.' 007
':...;" '~l:'
::008
009
010
11
12
13
14
15
16
017
018
i' 019
',.020
.;:021
:' "';022
B. Certification of Plans Required. ;\ny plan submitted shall. be
certified as follows: Mechanical systems, electrical systems, storm
and surface drainage systems and all structural systems shall be
designed and certified by a registered architeet or registered
engineer. The site plans may be prepared by a professional site
plar.ner, but a registered architect or engineer must certify to the
review ofthe site and design of the proposed buildings in
accordance '."lth the site plans, the terrain and the neighboring
conditions, and in accordance with the State Building Code. The
City may require that PUD plans be certified at the time of
submittal amlIefupon completion of construction approval.
C. Certification Also Required After Changes. If any plan required
to be certified by the preceding Subparagraph B. above, is changed
by the applicant either fur the applicant's ovm reasons or at the
request of the City, the applicant shall submit a new plan refleoting
the change, which new plan shall be oertified as required by the
preceding Subparagraph B. Failure to submit such new certified
plan shall constitute grounds for re'/()cation of approval of General
Final PUD Plan of Development or refusal to issue a PUD permit.
D. Certifieation Upon Completion. With respect to all plans
required to be certified by Subparagraphs B or C, above Qnce the
work has been completed, the City may require the registered
engineer or architect who eertified the plan shall ill certify in
vmting that the development it has been completed in accordance
vmh the certified plan. '
Be. Time Limits. No application which was subsequently denied
shall be re-submitted for a period of six ~months from the date
of said order of denial.
FD. Bonding Letter of Credit. tTo Assure Conformance to General
the Final PUD Plan of Development and Agreements. With respeet
to the parts ofa PUD or items therein which in the judgment of the
Qty Department ofPublie Works, have a common affect, rather
than an affcet on only one or two parts or lHlits thereof, iooluding
but not limited to, private roadVt'GYs, publie or private utilities,
landscaping, and all improvements required by the the City
Gede,may require the applicant shaII-to post a corporate surety
bond or cash bondletter of credit "Or.other surety. guaranteeing the
faithful performance of the-certain work or matters covered in the
agreements and the payment of any costs to the City in a sum equal
to 150 percent the total cost of all such parts or items as
determined by the Department of Public Works. Part of the
corporate S\;H"ety booo or cash bond The Letter of Credit'or other
25
026
027
028
\, 029
,030
;031
032.
033
034
35
36
37
~:038
39
40
41
42
\i~"~:f 043
044
,045
046
047
048
,; 049
"', 050
'~051
Deleted because it is covered in Subdivision
and is out of place here.
Thibault
ASSOCIATES
DRAfT - May 20, 2003 - Q;t:7, 20.03 _
surety-may be released rJiuced when any-specific common part~
or ite~ is-are completed and~upon recommendation of the
Department of Public Works and approval of the Coooeil.
G.B.. Effect of Minimum Area Requirements on Conveyed Lots or
Building SitesProperty. In the event any real property in the
approved PUD permit is conveyed in total~ or in part~ the buyers
thereof shall be bound by the provisions o~the approved Final
PUD pennit and the General Deyelopment Plan constituting a part
thereof; provided~ however~ that nothing herein shall be construed I
to create non-conforming lots~ building sites~ buildings or uses by I
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.:. permit. Subsequent struotmal additions or
alterations may be made provided the prov~ions ofthe PUD
permit~ this Chapter~ and other applicable City Code pro'lisions are
adhered to.
H. Final Plat. Unless the requirement fur a final plat be '.vaiyed by
the Coooe~ all applicants fur a PUD permit shall be required to
file with the appropriate governmental recording agency a plat of
said Planned Unit Development eomplf.ng with all of the
requirements of the Subdivision Regulations Chapter of the City
Code~ except to the extent that the Counoil may ha'le giyen specific
permission to the effect that specific portions of the Subdi~ion
Regulations Chapter~ (1) need not be complied ..vith, or (2) waiving
the requirement that a plat be :filed. Suoh required plats shall
contain on their face a cross reference to the final approved PUD
pennit (and General Plan ofDeyelopment made a part thereof) on
:file with the City and shaY. be filed v.ithin Sfl{ (6) months after the
date of the Council action issuing the PUD permit.
I. PUD Permit. Unless this requirement is waived by the Coooeil~
the applicant shall sigH a PUD permit v;ithin 90 days of the
Council approval of the general plan.
J. Private Streets. Whenever it does not contradict the provisions of
this Section as it relates to an adopted traIlfiportation plan or the
protection of opportunities fur reasonable de';elopment of
surrounding land adjacent to a development proposed in a PUD
applicatio~ streets '.'{mch are intended to be kept continuously
closed to public travel or are at all times posted as private streets
may be retained as private streets and so reflected upon the final
plat made a part of the PUD permit; pro'lided an agreement is
entered into between the ovmer of said priyate streets and the
Council assuring that the constructio~ operation and maintenance
26
" .067
rO,)
068
069
070
071
072
", 073
074
075
,y 076
077
',<,""078
. ,.079
1J;' 080
081
>i. 082
~"100
~,
";;,"101
102
103
104
Thibault
ASSOCIATES
DRAFf - May 20, 2003~Q!i!;1, 200~
of said streets will be accomplished in accordance with standards
approved by the Department of Public W{)rks and the COUflCil.
K. Qualifications of Petitioner.
I.Application for a PUD may be made only by: 1) the o",mer of
the land HlYolved in the PUD application, or by a duly
authorized representative, 2) an option or contract holder
may apply for a PUD provided the application is
accompamed by fully executed agreements or documents
Horn the owner stating that such O'Nner boo no objections to
the proposed application and is in foot joining in the same
as such o'..mer's interest may appear. 3) In addition, the
applicant shall supply the City mailing labels with names
and addresses of all persons '.voo are to be notified of any
public hear.ngs or other proceedings required by the te11IlS
of this Section, including those persons disclosed on the
abstractor's certificates required to be furnished by the
applicant in accordance with the above provisions of this
Section.
Source: Ordinance No. 565
Effective Date: 5 28 82
2.Hoviever, the City may act as a petitioner on its own ~
motion and make application for a PUD if it or ~
behalf of an affiliated gO'fernmental body suoh as the
Housing and Redevelopment Authority in and for the City.
intends to purchase or take the land involved by eminent
domain; provided, further, however, that General Plan
approval may oot be gh'en to an application for a PUD by
the City until such time as it or an affiliated governmental
body has obtained title to the land involved in the PUD
application. For purposes of this Subparagraph K, the
intention of the City or an affiliated governmental body
shall be evidenced by passage of a resolution or motion by
the governmental body authorizing acquisitioB of the land
involved.
Source: Ordinance No. 626
EffeetiY6 Date: 6 15 84
L. Staged Developments. It is recog~d that oertain PUD permits
may involye construotion in stages over a long period of time. Ifit
27
,;; 105
. '106
"
107
108
109
110
111
:112
113
114
115
116
117
'118
119
120
121
.f.122
,"1123
"124
125
,.~126
127
128
129
,'130
. ,;;<1:
w'131
132
133
'1134
Thibault
ASSOCIATES
DRAFf - May 20, 2003 ~0jif.,-7; ~l ~
is proposed to develop a project during a period which ',yill exceed
two years, the applicant may request preliminary design approval
of the entire project and pen:nission to submit detailed information
respecting only the first stage or stages of the project. If permission
pursuant to such a request is granted by the Council, a separate
public hear.ng shall, nevertheless, be required respecting such
successi'le stage ofthe project as the same is reached, and detailed
pluns shall be submitted in accordance with the approved
construction order component forming a part of the PUD Permit.
I
Subdivision 15. Building Permits. Follo',V:.ng issl:laOOe of a PUD I
permit, the Qty Council, through the Building Board of Review,
may grant building permits ror proposed structures within the
approved PUD permit area, provided: (a) that the same appear to
be in substantial conformance 'with the :final approved PUD permit
and the integral General De',elopment Plan made a part of said
permit; (b) that the landscape plan and exterior materials ror the
structures submitted shall be the same as that considered by it
when considering whether to appro'le the General Plan of
Development; ( c) that the necessary bonds have been posted as
provided in this Section; (d) that the proposed improvement or
building construction is in accordance with the appro';ed order of
construction as per the Construction Order Component or other
specific terms of the approved PUD permit as may be in any way
involved respecting a Staged Development; (e) that any final plat
as may be required by the terms of this Section has been filed with
the appropriate governmental recording agency; and (1) that the
proposed structure meets the requirements of the State Building
Code and all other applicable City Code provisions.
Source: Ordinance No. 117, 2nd Series
Effective Date: 8 8 96
135
136
28
.
.
.
alley
n10ran unl
Planning
763-593-8095/763-593-8109 (fax)
Date:
December 5, 2003
To:
Planning Commission
From:
Mark W. Grimes, Director of Planning and Development
Subject:
Housing Study
Staff will try to have information ready for distribution at the meeting on Monday, December 8,
2003.