07-26-04 Joint PC-CC Agenda
AGENDA
GOLDEN VALLEY PLANNING COMMISSION
Joint Meeting with the City Council
Golden Valley City Hall, 7800 Golden Valley Road
Council Conference Room
Monday, July 26,2004
7pm
I. Discuss Draft of Planned Unit Development (PUD) section of the Zoning
Code
-- Short Recess --
II. Reports on Meetings of the Housing and Redevelopment Authority, City
Council, Board of Zoning Appeals and other Meetings
III. Other Business
IV. Adjournment
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Planning
763.593.8095/763.593.8109 (fax)
Date:
July 19, 2004
To:
City Council and Planning Commission
Mark W. Grimes, Director of Planning and Development
Review of Complete Revision of Section 11.55 (Planned Unit Development (PUD)
of the Zoning Code at Joint Meeting of Planning Commission and City Council on
July 26, 2004
From:
Subject:
In 2001, the City began the process to update the PUD section of the Zoning Code. As you are
aware, the City has retained the services of Planning Consultant Bill Thibault of Thibault
Associates to help write the new PUD section. In December 2003, the Planning Commission
received a "final draft" prepared by Mr. Thibault. The Planning Commission reviewed the "final
draft" and made several suggestions for changes. These changes have been made and a new
draft dated April 21,2004 has been prepared by Mr. Thibault. This draft is now before the joint
meeting of the City Council and Planning Commission for review on July 26, 2004.
This draft of the PUD section of the Zoning Code has not been considered at an informal
public hearing of the Planning Commission. Because of the importance of the PUD section, the
Planning Commission and staff recommended that a final draft be reviewed with the consultant
at a joint meeting of both the Planning Commission and City Council. The City Attorney will
also be at this meeting. If the City Council believes that the draft PUD section is acceptable, it
would be sent back to the Planning Commission to begin the review process which would
include an informal public hearing.
The draft of the PUD section is a result of input from the City Council, Planning Commission
and staff. The first meeting to review of the PUD section was a joint meeting of the Planning
Commission and City Council held in February 2001. The purpose of that meeting was to list
issues that should be addressed in a revised PUD section. These issues have each been
reviewed and taken into consideration in the draft of the new PUD section.
The April 21,2004 draft includes a left column with Consultant's Explanations and Comments
and a right column that explains what has been deleted from the existing PUD section. The
middle column is the proposed new ordinance with the black print indicating that it is the same
as the existing PUD section and the colored (red and blue) type that is underlined indicating
new text. I am also enclosing a copy of the existing PUD section for your consideration and the
. Planning Commission minutes from December 8,2003 when the "final draft" was reviewed.
Please give me a call if you have questions on the proposed PUD section of the Zoning Code.
This would give staff and consultant the opportunity to get additional information to answer
your questions for the meeting next Monday evening.
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Minutes of the Golden Valley Planning Commission
December 8,2003
Page 5
area. He said that he thinks this roposal is logical and part of a natural i .
density and that the design is as ensitive as it could get it.
asked if approving this s bdivision request wOHJnflict with fixing the
Compr 've Plan issue. Grim 'like to see the Comprehensive
Plan Map co' 0 the Planning
s they are dealing with just the lot
at this meeting but that he is not sure they can
quest.
MOVED by Keysser, seco a by ck d motion carried unanimously to approve the
request to consolidate , 220, 30 and Turners Crossroad into one lot.
II. s on Meetings of the ousing and Redev ment Authority, City
neil, Board of Zoning A eals and other Meetin
er meetings were discussed.
III.
Other Business
A. Discuss Planned Unit Development (P.U.D.) chapter with Bill Thibault
Bill Thibault, Thibault Associates discussed the history of how the PUD chapter was
rewritten. He said they started the draft chapter by studying existing PUD areas and by
reviewing four other cities. He said he used the minutes from the joint Planning
Commission/City Council meeting held more than a year ago and wrote the purpose
statement from that information. He said the challenge was to simplify the chapter and
incorporate the 23 issues brought up at the joint meeting. He said that he got rid of
some of the language in the existing PUD chapter and then looked very carefully at the
role of the Planning Commission.
Thibault highlighted some of the changes to the PUD chapter such as, neighborhood
meetings, traffic, setbacks and buffering and said that the Planning Commission will
look at PUD's at the preliminary and final stages of development. He said that he kept
the flexibility of the current PUD chapter but linked it to having to match the
Comprehensive Plan.
Pentel said she thought the draft chapter is wonderful and suggested they go through it
page by page. She referred to line 15 on the first page and said that the words "method
of land use regulations" seem problematic. Thibault said he wouldn't recommend having
a new PUD chapter start that way but that Golden Valley has been using this approach
for 30 years.
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Minutes of the Golden Valley Planning Commission
December 8, 2003
Page 6
McAleese suggested changing the wording and offering Thibault more flexibility in
wording the purpose statement.
Thibault stated there are three choices for PUD's: one is to make them be a separate
zoning district, another would be to treat them like a conditional use and the last would
be to leave it like it is as an overlay district.
Pentel said to her, a PUD is like a CUP allowed in any zoning district. Thibault said it
could be difference of voting. Pentel said she would like to see PUD's take a 2/3 vote
and the way the City has used PUD's is to ignore the zoning district. Grimes said the
Comprehensive Plan should be consistent with the PUD.
Rasmussen asked what the difference would be to use PUD's as a zoning district
versus as a CUP. Thibault explained that if the City is challenged in court it is easier to
sustain a CUP because it is based more on standards. If a proposal meets those
standards it is difficult to deny the CUP. He said that zoning is more of a legislative
function.
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Pentel said she thinks there is still a lot of flexibility in the draft chapter and there are still
a lot of gray areas. Thibault agreed but said the applicants have to show a high quality
of design. Eck said "high quality" is still subjective and that his pet peeve with the PUD
chapter is developers who have attempted to use the PUD process strictly for financial
gain.
McAleese said that he doesn't think anyone thinks PUD's aren't important. He believes
that it is frequently misused and the City is not necessarily getting something out of it
and that is why he prefers the zoning approach over the CUP approach because it puts
the City in a better position. Pentel added that she liked that this draft makes the
Planning Commission able to consider all issues when r~viewing a PUD. Grimes said
he would like to talk to the City Attorney about which approach to use.
Pentel referred to item number two on page five, regarding minor deviations being
allowed and said that she would like the information that is in the sidebar to be part of
the chapter language. Thibault said he agreed and would incorporate the sidebar
comments in the text.
Pentel referred to line number 259 on page seven and asked what "processing" means.
Thibault said it is referring to the application process. Pentel suggested changing the
word to "process".
Pentel referred to line number 282 on page eight and asked if it meant that there would
be more than one public hearing for preliminary plans. Thibault stated that the intent is
to have an official public hearing. Eck suggested making the sentence more clear by
striking the word "A" and making the word "hearing" plural.
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Pentel said she wants plans to show where sidewalks are located and that the draft
chapter doesn't address that until the very end. Thibault said it is because the
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Minutes of the Golden Valley Planning Commission
December 8, 2003
Page 7
assumption is that the final PUD application would have more details than the
preliminary application. Grimes suggested adding "pedestrian trails or sidewalks" on line
298 on page 5. Thibault questioned how detailed the City would want applicants to be in
the preliminary stage.
Pentel referred to line number 423 on page 11 and stated that the words "other action
deemed appropriate by the Council" looked like a gray area. Thibault stated that he put
that wording in because under the 60-day rule it may be too late for the City Council to
send a proposal back to the Planning Commission. He suggested adding the words
"such as referral back to the Planning Commission" to make it more clear.
Pentel referred to the bottom of page 12 regarding preservation plans and said that
items three through seven may need to be reworked regarding what should be first on
the list. Grimes suggested making items four through seven sub-headings of the
preservation plan.
Grimes referred to item number 10 on page 14 regarding private streets and asked what
kind of "waiver" could be granted by the City Council. Thibault said that the streets
should be public and the message to send is that private streets are not allowed except
with a waiver.
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Pentel referred to item number 11 on page 15 regarding the maximum hard cover
percentage and asked if that percentage equals the amount of setback area that is
required. Grimes explained that the ordinance is regarding hard surface, not buildings.
Eck referred to line number 580 on page 15 and stated that the wording should read
"expected not to exceed" instead of "expected to not exceed".
Pentel referred to item number 16 on page 16 and asked about the language in this
draft regarding signs. Thibault explained that the sign ordinance is not part of the Zoning
Code, but this paragraph shows an applicant what to expect.
Groger referred to line 645 on page 16 and said he was concerned about using the
words "high quality" because that could mean expensive and deter affordable housing
where the costs are trying to be kept down. Pentel suggested saying "building design"
instead of "building materials". Groger said he just didn't want it to be a deterrent for
affordable housing.
McAleese referred to line number 843 on page 21 regarding "approval of a PUD by
ordinance, requiring an affirmative vote of a majority of the Council" and said he didn't
think that would be accurate if it is decided to treat PUD's as a zoning district. Thibault
said that if a PUD is adopted by ordinance than it can be removed by ordinance.
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Thibault referred to the bottom of page one regarding "favorable housing types" and
said that he thinks that could be a technical problem because a development might not
be housing. Pentel suggested using the words "housing plans" instead.
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Minutes of the Golden Valley Planning Commission
December 8, 2003
Page 8
Grimes asked the Commission if they would like staff to make changes to this draft PUD
chapter and bring it back to them. Pentel suggested the staff making the suggested
changes and then having a joint meeting with the City Council.
B. Discuss housing study write up.
There was no discussion on the housing study write up.
C. Holiday party with BZA on December 16, 2003 at 6:30 pm at Brookview
Grill.
Grimes reminded the Commissioners that the Board of Zoning Appeals invited them to
attend their holiday party on December 16 at 6:30 at the Brookview Grill.
IV. Adjournment
The meeting was adjourned at 9:30 pm.
lanations and
-Iealth and welfare provision deleted here but
nserted as ( I ) below.
)Ianned community deleted because it is not
leeded. In fact no such PUD exists in Golden
Valley.
fhe "too rigid" provision deleted because it
fhese additions clearly state the purposes as
:elated to health and welfare, higher quality,
~reservation. efficiency and effectiveness,
mix of uses, use in transitional areas, and
links PUD to the Comprehensive Plan and to
redevelopment plans.
Mark - I want to discuss the legislative
function of a zoning change vs. a conditional
use permit or something vague. I think
history of how you have approved PUD's in
Golden Valley is OK at least to start with,
although a district would make it stronger in
most case as I currently see it.
or a e ousmgcan mc u e I
City desires. However, no specific mention
of housing types and/or atTordable housing is
necessary because the regulations can be
or adjusted including density and
l! tvoe.
I) not needed 2) intent unclear and in some
cases contrary to practice. If a defmition is
desired, a simple definition could be added to
the definition section ofthe ordinance. For
example: "Planned Unit Development
(PUD)." A Planned unit development is a
development as approved pursuant to (or in
accordance with) the provision of Section
II :55 titled Planned Unit Development.
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. Of course, it
is understood that the City is not obligated to
allow or approve the flexibility.
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SECTION 11.55. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Intent and Purpose)t is the intent of this Section
to provide an optional method of land use regulations which permit
ftexibility from the other provisions of Chapters 11 and 12 of the
City Code, includingJ1cxihilitv in uses allowed, setbacks, height.,
parking requirements, numher of huildings and similar regulations.
The ouroose of this section is to:
I. Encourage. oreserve and impro\.e the health. saletv and
general welfare of the oeoole of the City hv encouraging
the use of contemoomrv land olanning orincioles.
2. Achieve a high quality of site olanning. design.
landscaoing. and huilding materials which arc comoatihle
with the existing and olanned land uses.
3. Encourage rm:servation and orotection of desirahle site
chamcteristics and ooen soace and orotection of sensitive
environmentalleatures including steeo slooes. trees. scenic
views. waterways. wetlands and lakes.
4. Encourage creativity and tlexihilitv in land develooment.
5. Encourage etlicient and elfective use of land. ooen soace.
streets. utilities and other ouhlic facilities.
6. Allow mixing land uses and assemhlv and develooment of
land to form larger oarcels.
7. Encourage develooment in transitional areas which achie\.e
comoatihilitv with all adiacent and nearhv land uses.
8. Achieve develooment consistent with the Comorehensive
Plan.
9. Achieve develooment consistent with the City's
redeyelooment olans and goals.
I O. Encoura~e construction of a varietv of favorahle housing
tvoes and aff(lrdahle housing.
division 3 b. Applicability eJ-:Rtis Cbapter.
I. OPtional Land Use Control. Planned Unit Develooment
orovisions orovide an ootional method of regulating land use
which oermits Ilexihilitv in the uses allowed and other
regulating orovisions including sethacks. height. oarking
requirements numher of huilding on a lot and similar
regulations orovided the following minimums are met and
the PUD olan comolies with the other orovisions of this and
other Planned Unit Develooment sections. Aooro\'alllf a
Thibault
ASSOCIATES
DRAFT - May 20, 2003 - OCI. 7,2003 - Dec. 82003 - April 21. 2004
.
Deleted: aa. la.... 1=k. pu'l'O~ or
this SeetieR is Ie eAee\tr8ge~ pR!l!f'11! BRa
iffipF8 e the htelth, Baret) BAd gtfteral
weifefe.e~
tResur-agift& the u:te ef eeRttlllflsr8f} IMEt
pI8""iRg I'rifttiples Me C88fdiftRted
~
~_.. (PUD's) are ereQ.'~
in F!!eagRiliBR sf'he eeeR8fRie and
....lItfltI..edwn~
eemmun~19-i>f
suRieieflt siN fa '!fe itle felsite arellS fef
YlIFiett9-hellsing-lype&.-<e1eil-en<keMee
uti -llie&, jnEl1:lMfial allerstiaRS.
rtert8hsft. Behesl. puhlie (stilitin, and
ether 1:155 Bf hmd. "The PUD preetdure is
duignE't' 18 he used here de9i~ati8R sf
a SiR:::Ilt H!Je ~fting distrid 8r applieatien
Bf ,taf.deN eftift;:) I'fe ~iBR3 Ie 8
~Hlfe-Ie<Higid fer p..elieel
applicat<<-
Deleted: deoigft
Deleted:~
Deleted: ~
Formatted: Bullets and Numbering
Deleted: ~
~ltnts 8ft ddincd far f'Utp83fS sf
this 8te,jell fa inehule 8RI) the falle ~ftg: I
<If::-g, elepmtRts h8;iR~ '" '8 8r mere
priRClipal klSe9 8ft a siftgll! fI&leelerIBRl:t. 1
Deleted: B. ^ d. depmtRt Ill&)"
quolifjl .. . Plonntd Unit g. .Iop",.nt
enl)l ups" applieatieR in aeee~
pra(t<lures t8ftlaiRetll-1effiR 81 Ii 8ft
appfspriBte dt1eFffliMfltieR h~ thl! C'suoeil.
Deleted: Subdivision 2-
Fonnatted: Bullets and Numbering
.
Uses are clearly narrowed down to those
approved in PUD Plan etc.
This addition clearly states that all features of
the plan must be used, preserved and
maintained as required by the plan and City
approval. This addresses Issue 7. See also
Subd. 7.
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 58.
hange proposed if City finds this has
Size and frontage should probably be
covered. Currently, there is no minimum
size" ( except for some cases as defmed in
Subdivision 2.A.5 of the existing ordinance.)
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
This section could be simplified as shown.
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49
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51
52
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56
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58
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60
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2.
Planned Unit Developments may be eJLcludea from certain
ether re"ll:liremeRts arthis Ch~ter praviding that the
conditions contained her1!in are complied with. The and
granting of a PUD permit does not alter the existing zoning
district classification of a parcel in any manner; however,
once a PUD pas been granted and remains in efIect for a
parcel, no building permits shall)Je issued for that parcel
which ~ not in conformance with the approved pun Plan.
the Building Code, and with all other applicable City Code
provisions. ,
Uses. Once a Final pun Plan is approved. the use or uses
are limited to those approved hv the specitic appnn-ed PUD
ordinance for the site and Iw the conditions. if anv. imposed
bv the City in the approval process.
Maintenance - Preservation. All teatures and aspect of the
Final pun Plan and rdated documents including but not
limited to huildings. setbacks. open space preserved areas.
landscaping. wetlands. hurters. grading. drainage. streets and
parking. hard cover. signs and similar features shall he used.
preserved and maintained as reQuired in said PUD plans and
documents.
3.
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tiubdivision4-J. Standards and Guidelines feF PUD Permits.
A. Size -)'here is no minimum lot size.,
B. Frontage. - Frontage on a nuhlic street shall be at leust 100
teet or adelluate to serve the develonment.
C. Sethack
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I. Principle Ruilding. No principal building shall be
nearer than its height to the rear or side property line
when such line abuts on a single-family loning district.
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 minor deviations mav he allowed nrovided
adClluate separJtion is provided through additional
landscaning. benning or similar means.
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n. Recreation. In the event certain land areas or structures
are 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
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Thibault
ASSOCIATES
OMIT. May 20. 2003. Oct. 7, 2003 - Dec. 82003 -April 21, 2004 2
.
Deleted: use permit
Deleted: IMlI
Deleted: ....
Deleted: B.d .ith the BppF6..d PUD
tlge-'penuif-ttnless-the pffAlit hos heen
~.celed ar madifi.d-
Deletl!d: A.. Gene:ml StaRdoms. U/heR
eBJ1:5iderin~ all 61'plieatien fer 8 PUD
pemti~i13h811 eSftsider the
~~
afthe acieus Cat) Def3l:1ftment9, BRd of
the PhlflRin~ CSlIlfftiS!!lisR. atuJ the tWeet
aflhe prop..ed .se .pe.lle h.alth.
safety-;.-m0f8ts, and oeHeral 'elfa~
eeeufl&nts efSHff6\1Ming laHfis..aRd
~.ttstiRg Bnd entieipatr:d 1rafJie eSRditieRs.
ineItHIi~~~
3trlcb sRd IWIlI. If it shall EleleflftiRe titst
the prBI'8Std YS1! ill RBI in Ele.rimeRlal
to-the--health;-safel)l. m8fB13 8f geftfral
elrsr., sflhe i8RtR1HRil~. &REI that said
use is in MffftSft} itlHhe-geneta!
f'tHlJ8se and int.eRt Br,his Seelien;-tke
CeuReil "'8) gf8Rt 5UMt-pet-flldsrln
",aking Stleh detemlinati8R5. tilt -sris1:I9
eit) DepMtffl.eJlt:J.lhe Plal1AiR~
Cel1lmissien. and the Cellne.1 shalllalce
~hal-ftla.l aFee. afthe Cil}
au l<leaUd 38 11181 thq fl 8) l3e tdilif::fd ~
HeMitieRsl arns bet ten siRole family
residcneu BRd iReempalibl} mere iRtelt5e
art'89 , Ifa proposed PlaRfll!d YRit
De.elepment ntcet!llhf ~efiRilieR
centaifted herein. 8 PlJD pemtit may-.ge
.>cd eilher (I) fa p.mli__Fie!y-<>f
uses ilhi" traooitienal Brl!8! ili.h" ill
... 11
Deleted: tk~ El;IlJpllrA~f8rt is te
eslobliol>-.~t.ndarcb .nd Quidelincs for
Pla~1I Pc:'\'dtlOn1('tS_ t " ...r21
Deleted: <'P><'P>~
'''~Do.-of.Sft4ioD. '''ReRt;U It
"\testieR afises eORel!FRiRg the ._~
Deleted: Standards and Crituia
Formatted: eullets and Numbering
Deleted: Th. tract of land for \\ilieh
s..eh a dc..lopment is proposed eftd-e
fJumit fl!E(tU!51@d
Deleted: shall not have less than_
i>BRdH<l (100) feet offrontag. on. public
street as measured at building sct~~
Deleted: us.
Deleted: <sp>4) Pri\-'ate roadways
within Ihe project sh.1I be construeled
according to a plan and approved- r~
Deleted: b. Provisions {or solid waste
stor.ge and disposal shall be provided
according to 3 plan approved by t~l-
Formatted: eullets and Numbering
Deleted: ~
.
This section requires a PUD to be a quality
development, to include preservation, and
have consistency with the Comprehensive
Plan etc. in order to use the flexibility.
.
Covered in more detail in Subd. 6.A.6
Covered in more detail in Subd. 5.A.6
This is a more concise version of the wording
in the current ordinance in Subdivision
14(K).
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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,.
(a) Dedicated to public where a community-wide
use would be anticipated.
(b) Landlord contro\.
(c) Landowners or Homeowners Association,
provided appropriate $onditions and
protections satisfactorv to the eitv are met
such as 'ormation of the association.
mandator\' membership. use restrictions must
be permanent. liahilitv insurance. local taxes.
maintenance. and assessment provisions.
(1) The b,ansO\'JR91'S /\ssociation must be establishes pRor 10 aAY S31e.
(2) Membel'Shlp m",st b9 mans3tory fer 93Cl:1 e\\IIler, aRS any successive
00yeF,.
(3) The open space resmctioRs must be permaneRI, net fer a gi..<en
pORes ef yeal'S.
(~) The A&secialion must be responsible for liability iRSUranG8. lecal
laKes, sns tI:le maintenanoo of reslsential aAs etl:ler facilities.
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88 E.
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93
94
95
96
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99
100 -h-
101
Oualitv Development - Preservation. Armlicants
must show through their pUD plans and application
that the reuuestcd pUD achicvcs:
I. A high llualitv of sitc planning. design.
landscaping and building materials
2. I}reservation of desirable site characteristics.
3. Proposes development consistcnt with the
Comprchcnsivc 1'1.10 and other eitv Plans.
.t. Mcds and is consistcnt with thc intent and
purposc provisions and all othcr provisions of
the pUD ordinancc.
Subdivision .t. Prc-Application.
A. Oualitications. Application fix a PUD mav he made onlv hv: I)
the owner of the land involved in thc pUD application. or hv a dulv
3
[ ==::'P'.dil ~ eo .hi.h i9 me" ]
I Deleted: .11 .flh. Mile ...g
Deleted:
Formatted: Bullets and Numbering
Deleted: <#>~.p~Th. d. el8~ffient
.hall h. 9",.d h) the p.bli. 'Iller BRd
se er system aAd ttrt h}dr8RI5 skall be
inslelled...,..,.diog Ie a pl.., appre ..d h)
the Cit} staR'. &9 Ie PIPe 8Rsl8eatisR. 1
~e dfftina~e S}stem shall be
~..~1'I'f8"flI
hy Ill. CilY ".gi.... as t. l) p. .f
RIa.niels uscElafMl...letatieft Bf faeilities. 1
4;><sp><sp>l'hHRtiFe-sil""hall-l>e
ulili~~1
<#><sp> The off-street parking spaces
shall be painted on the surfaced area
according to a plan which has receh-ed
approval of the Council. 1
<N><sp><ap>Pro\o-lsions shall be
designed ror off-street loading 10 service
the bU9iness and such space shall have
easy access and not be designated for any
other Uge. 1
Deleted: <#>Privale reQ~ '8)'5 .ilrnn
~t"'5hftU-~(futteil8ei!erding
Ie 8 "Ian 8f1pre Ted b} the Ci~ ERgiReer
~io",1
Deleted: <#>la.d.eoping shall b.
pre ..d.d ...aming Ie a p1e~
t~e ("BlUReit iR aeeerd. it~ the eil)
I.Rd....p. S1..d.rd9. In-additiott-iHhall
ittel~led-pl.nting-liot-wiliH>i-.l
i~1
Source: Ordinance No. 56S .
Effectj".c Date: S-~8-8:!1
.
A Pre-Application conference is extremely
useful to all parties and the City has asked
for this (Issue 21). Accordingly, a pre-
application section is presented.
A neighborhood meeting is useful especially
as the plan is developing. This will permit
more meaningful participation by the
neighborhood. This addresses Issue I.
_ide is more direct. It addresses Issue
me of the wording in staged
opment comes from Subdivision 12 (L)
of the current ordinance.
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112
authorized representative. 2) an option or contract holder m<lv
aool\' lor a PUD orovidcd Ihe aoolicalion is accomounicd lw a
filiI" executed <lgreements or documents from the owner sl<Jting
that such owner has no obiections to the proposed <lpplic<ltion <lnd
is in fact ioining in the same <IS such owner's interest m<lv aooe<lr.
The City may act <IS a petitioner on its own beh<llf or on the behalf
of an affiliated governmental body.
113
114
II
II
117
118
119
120
B. Pre-Application Conference. Prior to filing a pU)) application
and prior to conducting a neighborhood meeting. the applicant
shall meet with the city statr t(lr a pre-apolication conference. The
primary pumose of the conference is to allow the apolicant and
staff to discuss I<lnd use controls. aopropriate use of the site, design
standurds. how the Dlun will uchieye higher Quulitv und meet the
PU)) purpose <lnd design reQuirements. uoplication orocess. and
the geneml merits of the apolicant's orooosal.
121
122
123
C. Neighborhood Meeting. At un aooropriate ooint during
development of <I preliminary PU)) plan the apolicant shall hold u
neighborhood meeting. All orooertv owners within 500 teet of the
I'U)) shall be given notice ofthe meeting. The oumose of the
meeting is to inf(lrm the neighborhood of the oroposed pun.
discuss the concepts and bases t(lr the olan being develooed <lnd to
obtain information ,lOd suggestions from the neighborhood.
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29
I
131
132
133
134
135
136
137
138
139
140
141
Subdivision~. Application Procedure,;: Preliminary PUDPlan.
A. Application. The uoplicant shall comolete and sign the
application and submit <I Preliminarv PliO Plun. All aoolication
requirements must be comoleted and submitted f(lr the aoolicution
to he orocessed. If it is prooosed to develoo a oroicct durin!! a
oeriod which will exceed two \'Cars. the aoolicant may request
aOOflwal of a I>reliminar" I'UD I'lun lor the entire oroicct and
oermission to submit a Finall'U)) Plan onlv f(lr the lirst sla!!e of
the oroiect. Seoarate public hearings and a Fin<ll PI II) Plan shall
nevertheless be reQuired resoccting such successive stage of the
oroiect as the samc is reached. ,Except to the extent the Director of
Planning requires more or less information, the application shall
include, but not be limited to, the following information:
142
14]
144
145
146
I. freliminary PUD Plan. t"iubmit i!...freliminary pi In Plan of
~ the proposed development illustrating the nature and type
of proposed development. identif\' all land uses nnd
orooosed SQuarc footage. the location of buildings, ;xisting
and [lrooosed roadwnys and accesscs. ocdestrian ways and
The additions and the contents of the
Preliminary PUD Plan must be complete
enough to demonstrate adherence to the
Intent and Purpose provisions.
ASSOCIATES
DRAFT -May 20,2003 -Oct. 7,2003 -Dec. 8 2003 - April 21, 2004 4
.
Deleted: Subdl\ 1510n 5 AI'lOlIcalll\11 -
I'relllnlnan' ru~
Deleted: .c\~llcalllll1 The" ~~
shall complefr 31'kt Silln the aDohcatloo
iV.RU.~1.1.!!...itmdlmll1af\ rllo Vlan All
~[lfl"~alltlfl rt'tl!!!!S1!h:ntJ must be
cOlllpleteo and suhmittL"J I~"lr Ihe"
iWplll:ahon 10 be OfOC(5SW
Deleted: 6
Deleted: -
Deleted: Dffip
Deleted: A. t.. applieOftt fer a PUg
permit shalll58 "Jete 8RfI sHhmil Ie the
PlftARhtg DfpMWIlfRt llR applies'isR iA 8
fer... prepared b~ ..d-eeoloi.iBg
iRfefftl8tieR Rnd!!" II) .tlt PlftRRiRg
~
Deleted: Source: Ordinance No. 245.
~ Series .
Effective Date: 4-26-01'
Deleted: T ..tAI)I ~8pit3 of
Deleted: p
Deleted: tkoigft
Deleted: ..d ,..d li}S.
.
Since the City states in its application
materials that the City will generate the list
of owners, this section is deleted.
The narrative is important because it raises
the point of what the City's expectation is for
the PUD.
147
148
149
150
151
152
153
154
155
156
158
159
160
162
163
164
165
166
167
sidewalks. proposed parking areas. preliminarv traflic
volume proiections. areas to be preserved. public and
common areas. pn:liminarv building devations including
height and matcrials prdiminarv utilities plan. the location
of the parcel's boundaries, the net and grossJ.lcnsity of the
development, the total area occupied by the development,
Jhe amenities to be provided and development schedule.
2. Prdiminarv Grading Drainage and Erosion Control Plan
3. Preliminarv Trce Preservation Plan
4. Preliminarv Building Codc Analysis
5. .}'rdiminary Plat. All data required for a preliminary plat by
the requirements of the Subdivision Regulations Chapter of
the City Code. This reQuiremcnt mav be waived if the PUD
is an amcndment to an approved PlIO.
6. Narr.ltiyc. A narrative statemcnt explaining how the
prol)Osed PUD will mect the purpose Hnd other provisions
ofthe PUD Ordinance including:
I. Encourul!.c. presel\'e Hnd improvc the heallh. safety
and gener.ll welfare of the people ufthe Citv hv
encuur.lging the use of contempural\' land planning
principlcs.
2. Achicve a high Qualitv of site planning. design.
landscaping. and huilding materials which are
compatible with the existing and planned land uses.
3. Encourage presel\'ation and protection of desirable
sitc chamcteristics and open space Hnd protection of
sensitivc environmental features including stcep
slopes. trees. scenic views. watcr wavs. wctlands
and lakes.
4. Encourage creativity and flexihilitv in land
development.
5. Encoumge etlicient and cftective use of land. open
space. streets. utilitics and other public facilities.
6. Allow mixing land uses and assemhly and
development of land to form larger parcels.
7. Encoumge development in transitional areas which
achieve compatihilitv with all adiacent and nearhv
land uses,
S. Achieve dcvelopment consistent with thc
Comprehcnsiw Plan.
9. Achieye development consistent with the City's
redevelopment plans and goals.
10. Encouruge construction of a variety of favomhle
housing tv pes and alli.lrdable housing.
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 ifthe
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
housim! tVIle.
1
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172
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174
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191
Thibault
ASSOCIATES
DRAFT . May 20. 2003 . Oct 7, 200J - Dec. 8 2003-ApriI21. 2004 5
.
( Deleted: """""'""
~ Deleted: """
Formatted: Bullets and Numbering
Deleted:~\l5l~if_.
sho..iag th! R811.t:i and 8ddre55~3 orall
"rapeR) 8 11tf9 i.hill ~oo rut sf the
pf8pt~ heundaAt5 8ft hien the
~mpflB.(mtRI ~t8 tJe
~,
.
The 60 day rules apply. Rather than
specifYing the rule, it may be better to delete
this section and use B and C.
The order is changed to follow the expected
sequence. Some wording is modified.
.
All references to the number of days for a
review or action are deleted because the 60-
day rule will apply.
No reason to limit the commission's role to
use only. The use and plan are inseparable in
Revised to keep it simple and to delete
reference to a specific meeting or number of
days.
No need to include specific wording about
amending the plan. It's understood to be
allowed. There is no parallel wording in the
zoning amendment or CUP sections.
.
192
193
194
195
7. Future ReQuirements. The applicant is advised to consider .
the requirement for a Final pun Plan when preparing the
Prdiminarv PUD Plan.
196 8. Other. An applicant may submit any additional information
197 which may explain the proposed)'UD.
200
201
202
203
204
215
225
226
227
228
198
8. Each application for a PUD permit mllst contain all Elata
rellaired by this Sabdi',ision and, antil it does, it will not be
eligible fer 6onsidemtion by the Planning Department, the
Planning Commission or BAY oilier commission, committee or
body (lfthe City.
)3. Planning Department. Upon submission of a completed
application, the Planning Department shall:
I. Refer. Refer the application to the Departments of Public
Works. Public Safety and Park and Recreation lor their
wrillen cyaluations rcgarding those a.-;peets of the proposal
which alTcct thc particular department's area of intcrest~
2. Notifv. Notify bv mail property owners ,within 500 feet of
the subject property of the public inlormation meeting,
however, failure of any property owner to receive
notification shall not invalidate the proceedings..,
3. Rcport. Prepare a rcport and refer it to the Planning
Commission lex rc\'iew at the public information mecting..
~ C. Planning Commission.
1. Infixmational ,Meeting. The Planning Commission shall
hold a nublic informational meeting and consider the
application lilr consistency with the Intent and Pumose
provisions and other I'UD reQuirements. principles and
standards adhered to in the City and, if necessary, its report
shall include recommended changes~o as to conform the
application or recommended approval subject to certain
conditions or modifications.,
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. Action. The)indings and action of the Planning
Commission shall be forwarded to the Council"
229 p. Cit\' Council.
_003 - April 21,2004 6
[ Fonnatted: Bullets and Numbering
Deleted: AJ=altl1lml
e'([lI:lInmv. ho\\ tf~n.~J PllD \\111
ml"Cllh~ our~ and olhC'r pun 1:\IO'~ (If
~~U\;l'~
Deleted: impro\o-ement
Deleted: ~
Deleted: Rerer it to the Planning
Commission for a public iqformnlion
meetin~
Deleted: by mail
Deleted. .
",
Deleted: ftfltI;
Deleted: Refer the appli..tian 10 the
DEl'aFtlfll!ftM efPu13lie "'I!lrhi. Publie
Sef~tieoHoHheif
./fitten e mlH8ttoos regardin,::, thsse
"p,ets erth, p.ep...' -hi.h alT,et,h.
f1aFtieular 8ep8RAltllt'S area 8( infHeosl-:.
Deleted: I)
Deleted: lkillmlI
Deleted: ..ithift '9 da}s. hut flet t8fliu
dteft...ten-tlays. I'renl dale sf suhmtsste.He
fAt PlaftllinK Ceflll"issi8n. fer purJ'6StS
8f 8 re~e" aRd rees" fftfR88tiSR Ie the
f:ooneil. The Planning C'enlfftissieft!s
E'BR5iEleratian-ot:thr appliestian sftalf..be.
limited Ie a dettnni881isR af huhu Ihe
appIie<l~
land.... under the-8......J
Deleted:~~81~
appIieattt
Deleted: "'hile the f11Stt.ef i, unen
eettsideRl..isft h) .ht Planning
C'effimissiun. Ihe applieal\t 81ft)l 8ntett4
all} pM efthr: applie8tis". 1(88 aetisR i3
l8I;en-b) ,h. J>1anning CommissieR-witltff
''-ried .rtim. alia oed rer a.ti.Jl.~
3ueh had}. BREI theft ha9 hUH 88 dela)
~""u..'ed by Ihe epplie<tnl;-lhe
appIieah<HH;h~~
femmtRt lelhe ('euneil .. H) applieaRt
mtty;-if..s.ueh applieaftl S8 desirts. ret}I:te51
~,,~
delOj the time period pro .id,d bjlhis
~ol~ner-<leley-tlle
lin l puied mert (heR 9Q days.
Deleted: far th.eir ft~.tt n:glilar m~cli~
fellewiflg-lhe prep.....i.. .r...id-tepert;
l>uffiel-l.~
.hi. 8J1pliuft( kM firsl 3uhmitted :illeR
eppIieelieR Ie IRe PIIH.ning C'eA1m~
B5 required Hndtf8~~
Deleted: F,
Deleted: rep6ft
Deleted: G,
Deletions made to avoid conflict with the 60-
day rule.
Reference to zoning chapter deleted because
eb1iC hearing is not covered in the
.er other than in the statemenlthat a
change can be made ~after an official public
hearing" (11.90 Subd 3).
Changes proposed are more open ended.
.
Old title is a misnomer. Proposed title is
more in keeping with what it is. And it
addresses Issue 23.
230
231
232
233
Lj4
235 I
236
I. The Council shall)1old a public hearing, and take aclion on.
the appIication,.The public hearing shall be called and
notice thereof given in the manner required by statute,.
2. Actions. The findings and action ofthe Council may
include a request for plan amendments, approval, denial, or
othcr m;tion dccmcd appropriatc hv the Council such as
referral back to the Planning Commission.
237 . E. Findings. Approval of a Prdiminary PI ID Plan relluircs the
238 following Iindings hc madc hv thc Citv.
239 I. Qualil\' Sitc Planning. Thc PUD plan is tailorcd to the
240 specific chamcteristics of the site and achieves a higher
241 Qualitv of site planning and design than gcncntllv expcctcd
242 under conventional provisions of the ordinance.
243 2. Preservation. The PlID plan preserycs and protects
244 suhstantial desinthlc portions of the site's characteristics.
245 open space and sensitive environmental features including
246 steep slopes. trecs. scenic vicws. crceks. wetlands and open
247 waters.
248 3. Etlicient - Effecti,'e. The I'UD plan includes etlicient and
249 ctfective use (which includes preservation) of the land.
250 4. Compatihilitv. The PUD Plan results in development
251 compatihle with adiacent uses and is consistent with the
252 Comprehensive Plan and redewlopment plans and goals.
253 5. Gcneral Health. Thc PUO plan is consistent with
254 preserving and improving the general he.llth. safety and
255 general welfare of the people of the Citv.
256 6. Mcets RCQuiremcnts. Thc PUD plan meets the pun Intcnt
257 and Pumose provision and all other PUD ordinance
258 provision.
259 Subdivision~. Application Procedure - CeDer...1 Final PlIO
Plan of IUde"ielopmeDt Stege.
261 A. Application and Final PUD Plan Requirements. Once the Citv
262 Council has approved an applicant"s Preliminary PUD Plan. the
263 applicant shall suhmit within 180 days a complete Final pun Plan.
264 A Final PUD Plan shall he suhmitted which mcets and is consistent
265 with the PIJD Intent and Pumose nrovisions. standards and other
266 PUD provisions and shall includc. hut not he limited to. the
267 f(lllowing.
268
269
270
I. Site Plan. Development Plan. Plans of the nroposed PUD
development. Identif\ all land uses and proposed SQUilre
footage. the lociltion ofhuildings. e:\isting ilnd proposed
Thibault
ASSOCIATES
DRAFT -May20.200J-Oct. 7.200J-Dec. 8200J-April 21.2004 7
.
Formatted: Bullets and Numbering
Deleted: Ih....Il..
Deleted: within .i.lly (60) day. all.r
~l:Ibmissieft sf a repefl b) the PlanRing
~
Deleted: .~~p/et'
refireeliRg esniR!'; ~elltlen~
( Deleted: E
( Fonnatted: Bullets and Numbering
[ Deleted: 7
[ Formatted: Bullets and Numbering
.
Requiring a buffer strip for wetlands and
s addresses Issue 10.
271
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274
275
276
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283
284
285
286
287
288
289
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297
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301
302
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305
306
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308
309
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312
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315
roadways and accesses. ('Iroposed parking areas. traflic
\'olume oroiections. areas to he on:servcd. ouhlic and
common areas. building elevations including height and
materials. preliminarv utilities plan. the location of the
parcel's boundaries. the net and gross density of the
develoDment. the total area occunied hv the development
the amenities to be nrovided <lnd development schedule.
2. Sethacks. Sethack measurements from buildings. roads.
parking and high use outdoor activit\' areas to the nearest
lot lines sh<lll be shown on the Site Plan. The narmtive
shall describe these setb<lcks and provide the rationale and
iustification. The City ma\' allow some Ilexihilitv in
setbacks if it benefits all parties and the environment.
ReQuiring greater or allowing lesser setbacks Olav be hased
on uses on and off the site. natural amenities and
nreservation. tonography. density. building heights.
huilding materbls. landscaping. lighting and other plan
features.
3. Preservation Plan. A Preservation and Open Space Plan
showing the areas to be presen'ed and spaces to be left
open shall be provided. Prclcrence shall be given to
nrotecting sensitive environmentalfc<ltures including steen
slones. trees. scenic views. waterways. wetland and lakes.
The plan shall include new plantings. fixtures. eQuipment
and method of preservation. Said plan and information
ma\ be included on the l.andscane Plan.
a. Wetlands and Ponds Guidelines. Wetlands and ponds'
shall have a buffer strip at least 25 feet wide composed
of natur.lI vegetation but not <In improved and/or
fertilized lawn.
b. Buffers. Provisions fllr buffering the pun site from
adiacent uses shall he included. N<ltural mnenities
shall he used to the extent possihle and be
supplemented bv additional landscaping. berms or
other features as mav be :'lIlnropriate. Burters shall be
hased on the tvpe of uses on and adiacentto the site.
views. elevations and activities. Buffers ma" he
included on the l.andscape Plan.
c. Tree Presen'ation Plan. A complete tree preservation
plan consistent with the pun reQuirements and the
Prcliminan. pun Plan as ap('lroved hv the Citv,
d. Landscape Plans. A com('llete landscaping plans
showing vegetation to be removed. vegetation to be
retained and proposed vegetation. Plans shall include
species. Quantities. ('Ilating methods and sizes. Within
Thibault
ASSOCIATES
DRAFT - May 20, 2003 - oct. 7, 2003 - Dee, 82003 - April 21, 2004 8
.
[ Fonnatted: Bullets and Numbering
.
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
the 10"10 might be difficult.
Based on staft'discussion it appears that
public streets are preferred. But this might
not be true of the City Councilor 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 ofthe 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.
316
317
318
319
320
321
323
324
325
326
327
328
329
330
331
332
333
334
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337
338
339
340
341
342
343
344
345
346
348
349
350
351
352
353
354
355
356
357
358
any specilic PUD. the landscaping may be reQuired to
exceed the City's oolicy on minimum landscaoe
standard.
4. Public Space. The City mav require a reasonable portion.
UP to 10 percent of the uross area of the site. to be
dedicated to the public tilr public use tor park. trail or
public open space. consistent with the subdivision
ordinance and based on the Comprehensive Plan.
rede\'e1opment plans or other City plans. Or tbe Coulll:il
may require a cash contribution based on the fair market
value of the undeveloped land.
5. Transportation and Parking Plan. A complete plan shall be
submitted which includes: I) proposed sidewalks and trails
to provide access to the building. parkin\!. recreation and
service areas within the proposed den:lopment and
connection to the City's svstem of walks and trJils: 2)
intern..1 roads. if any: 3) drivewavs: 4) parking. including
lavout dimensions of spaces and aisles. total parking bv
use. and a notation about striping/painting the spaces: 5)
ofT-street loadinl! filr business uses: 0) provision and an
explanation for snow storage. 7) provisions and a pl..n lilr
mainten..nce onhe facilities: 8) calculation oftraflic
proiections bv use with assignments to the roads. drives and
accesses servinu the PI JD: inelude existinu trallic volumes
filr existinu adiacent streets usinu the most recent counts
and/or based on the uses and trip generJtion estimates: 9)
plans must include a description of the alternatives and
locations cOllsidered lor access to the site and the rationale
used in selectinl! the proposed location. width and design of
streeK drivewa\'s and accesses.
6. Private Streets. Private streets shall not be approved. nor
shall public improvements be approved lor any private
riuht-of-wav. unless a waiver is granted bv the Citv based
on the following and other relevant factors.
t) Extension ofa public street is not phvsically
feasible as determined by the city.
2) Severe uralles make it infeasible accordinu to the
citv to cOllstruct a public street to minimum city
standards;
3) The city determines that a public road extension
would adversely impact natural amenities.
4) Thcre is no feasible present or future means of
extending ril!ht-of.waY from other directions.
Thibault
ASSOCIATES
DRAFT . May 20, 2003 . Oct 7, 2003 - Dec. 8 2003 - April 2], 2004 9
.
[ Formatted: Bullets and Numbering
.
359
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361
362
363
364
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366
367
368
369
370
371
372
.
373
374
375
376
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378
379
380
381
382
383
384
385
386
387
388
389
390
5 I The design and construction standards must result
in a functionallv sound street in balance with its
intended use and setting.
6 I The number of lots to share a common nrivate
access drive is reasonable.
71 Covenants which assign drivewa\ installation and
future maintenance resnonsibilitv in a manncr
accentable to the City arc submitted and recorded
with the titles of the narcds which arc benclited.
I I' the cit\, detcrmines that there is need Ii.)r a nublic street
extension. this nrovision shall not annlv. and the right-of..
wav for a nublic street shall be nrovided bv dedication in
the nlat.
Al Private Street Uesign Standards.
I I. Thc street must have adcQuate width consistent with
the Tr,msnortation Plan and must be located and
annroximatdv centered within an eascment at least
oJ feet wider than the street.
21. The nrivate street shall be desiuned to minimize
imnacts unon adioining narcds.
3 I. Common sections of the nrivate strect serving three
or more dwellings ht: built to a sewn..ton design.
nawd to a width 01'20 Icet. utilize a minimum
gmde. and haw a maximum grade which docs not
exceed ten nercent.
41. The private street must be nrovided with suitable
drJinage.
51. CovcnanL<; concerning maintenance and use shall be
tiled against all ht:neliting nroncrties.
6 I. Street addresses or citv-annrovcd street name sign.
if rCQuired. must bc nosted at the noint where the
private street intersects the nublic right-or.wav.
391 7. Grading. Drainage and Erosion Control Plans - Comnlcte
392 plans filr grading. drJinage and crosion control which mcet
393 thc Citv's standards shall be submittcd. The nlan shall show
394 hard surface calculations bv areas - buildings. nrivate
395 streets. drivcwavs. narkinl!. lots. nlazas. walks. trails. etc.
396 Hard surface CllWrJgC is exnectcd not to exceed the
397 I(lllowing ('itv standards. Maximum liard
Uses Cover Percent
Thibault
ASSOCIATES
DRMT .. May 20. 2003.. Oct. 1,2003 - Dec. 82003 - April 21. 2004 10
.
[ Formatted: Bullets and Numbering )
cover maximums are included based on
uses and common/general expectations on
what seems reasonable. This addresses Issue
15.
.
This addresses Issue 14. The presumption is
that some consideration of flexibility might
be given to pun which address this type of
housing. Life-cycle housing is vague.
Aftbrdable housing is fairly well understood.
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
439
440
Single Familv
Townhouses
A partments-Clmdom i n iums
Institutional Uses
Industrial Uses
Business Uses
Commercial-Retail
Mixed Uses of Housing with Retail.
Ollice or Business
38%
40%
42%
45%
70%
KO%
90%
90%
8. Utilities and Service Facilities. Provide a plan showing how"
the site will be served with citv water. lire hydrants. citv
sanitary sewer. e1ectricitv. gas. telephone lines and other
lines such as fiher OPtics. cahle television. DSU. etc.
9. Final Building Code Analvsis
10. Refuse and Garhage - Provide a refuse disposal Plan
including provisions for storage and removal on a regular
scheduled hasis. (In residential developments. all
waste/refuse shall he stored inside a principal structure or a
garage until the day of pick-up. In commercial. husiness
and institutional developments refuse may he stored in a
principal huilding garage or in an enclosed screened in area
designed of materials to match the principle huilding.)
I I. Architectural plans. Architectural plans showing the floor
plan amI elevations of all sides of the proposed huildings
including exterior walllinishes proposed for all principal
and accessory huildings.
12. 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 policv shall
he 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 he consistent with achieving a high
qualitv development meeting the PI ID intent and purpose
provisions.
13. Dwelling Information. Complete data as to dwelling unit
numher. density net and gross. sizes. types. etc..
14. Life-Cycle and Affordahle Housing. If the PUD includes
"life-cycle" or affilrdahle housing. provide a narrative
descrihing the housing. and the guarantees such as
covenants to be used to secure such housing.
Thibault
ASSOCIATES
DRAFT -May20,2003-0cl. 7,2003-Dec. 82003-ApriI21,2004 II
.
I Fonnatted: Bullet:s and Numbering
.
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.
.
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
'.'~
.~-
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
15. Population. A population component shall contain a
descrinti\'c stalement of the estimated population. and
population characteristics.
16. Employees. I I' office. commercial. husiness. service firms
or institutional uses arc included in the PLIO. the estimated
numher of emplovees shall he included.
17. Final Plat. Unless waived hv the Cit\,. suhmit a !inal plat. as
reuuired by ChaPter 12 (Suhdivision Regulations) of the
(,itv Code. The title of the plat must include the fllllowing
"1'.\).0. No. .. (The number to insert will he provided
hy the Citv.)
18. Schedule. A schedule and proposed staging. if anv. ofthe
development.
19. Narrative. A description of the deyelopment especiallv as .
it relates to use of I'UD provisions and explaining how it
meets the purpose and other pu~ provisions including:
I. Encourage. preser..e and improve the health. safdv and
general welfare of the people of the City hv
encoumging the use of contemoorJrv land planning
principles.
2. Achieve a high uualitv of site Dlanning. design.
landscaping. and huilding materials which arc
compatihle with the existing and planned land uses.
3. Encourage preservation and protection of desimhle site
characteristics and open space and protcction of
sensitive environmental features including steep slopes.
trees. seen it: views. water ways. wetlands and lakes.
4. Encourage creath'itv and Ilexihility in land
development.
5. Encourage efficient and effective usc of land. opcn
space. streets. utilities and other ouhlic fhcilities.
6. Allow mixing land uses and assemhlv and developmcnt
of land to form larger parcels.
7. Encourage develonment in transitional arcas which
achieve compatihilitv with all adiacent and nearhy land
uses.
8. Achieve develonment consistent with the
Comprehensive Plan.
9. Achieve develonmcnt consistent with the City's
redevelonment nlans and goals.
10. Encourage construction of a variety of favorahle
housing types and atli.lrdahlc housing.
Thibault
ASSOCIATES
DRAFT - May 20. 2003 - Oct. 7, 2003 - Dec. 8 2003 - April 21, 2004 12
.
I Fonnatted: Bullets and Numbering
.
The public hearing wording need only state
that there be one. The following addition
could be added. It is a more concise version
of existing Sub<!. 8 - At the public hearing
provided the Council shall consider the staff
and Planning Commission reports 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 10 have an interest
therein."
Changes proposed are more open ended.
.
484
485
486
487
20. Other. The applicant may submit any additional
information which may explain the proposed PlJD.
21. Director of Planning. The Director of l'lanning may require
more or less information than that listed above.
488 B. Planning Commission.
489
490
491
492
493
494
495
496
497
498
499
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
I. Public Ilearing. The Planning Commission shall hold a
public hearing.
2. Consistencv. 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 Pumose provisions.
all other provisions of the PUD ordinance. and principles
and standards adhered to in the City.
3. Action. The finding. actions and report orthe commission
to the Council may include conditions and modifications to
the FinalPUD Plan.
C. City Council.
I. 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 01" the Council may include plan
amendments. approval. denial. or other action based on
linding and deemed appropriate by the Cit\' Council.
D. Findings. Approval of a FinalPUD Plan requires the l(lllowing
lindings be made bv the City:
I. Quality - Site Planning. The PUD plan is tailored to the
specilic characteristics 01" the site and achieves a higher
quality 01" site planning and design than generally expected
under conventional prm'isions 01" the ordinance.
2. Preser,'ation. The PUD Dlan preserves and protects
substantial desimble portions of the site's characteristics.
oocn space and sensitive environmental features including
steep slopes. trees. scenic views. creeks. wetlands and open
waters.
3. Etlicient - Effective. The PUD plan includes etlicient and
effective use (which includes preservation) 01" the land.
4. Consistency. The PUD Plan results in den:lopmenl
compatible with adiacent uses and is consistent with the
Comprehensive l'lan and redevelopment plans and goals.
Thibault
ASSOCIATES
DRAFT. May 20, 2003. Oct. 7,2003 - Dec. 82003 - April 21, 2004 13
.
( Fonnatted: Bunets and Numbering
( Formatted: Bullets and Numbering
( Formatted: Bullets and Numbering
. 523
524
525
526
527
528
529
530
531
532
.
tirst sentence. 3) other situation seems to be
The current ordinance is quite restrictive in
that small chan es re uire an amendment
Since the City approves a PUD by ordinance,
the proper way to cancel or terminate the
approved PUD is by adoption of a new
ordinance rescinding the approved ordinance.
.
5. General Health. The PUD olan is consistent with
nreservine amI jmnrovjnl! the I!cncral health. safety and
general welfare of the oeoole of the City.
6. Meets ReQuireme:nts. The PUD nlan meets the PlIO Intent
amI Purnose nrovision ami all othcr PUD ordinance
provision
p. Aooroval. Anorovalof a Planned Unit Dcvelooment shall he hv
ordinance n:quiring an aftirmative vote of a majority of the City
Council.
~ubdivisioo2.'pUDAe:reement. Following Council approval ofa
final PUD Plan., the City staff shall prepare a PUO .pgreement
whichfioecities permitted uses, allowable densities, development
phasing, required improvements, completion dates for
improvements, required ).elter or Cre:dit amount, yard and onen
space maintenance and nreservation orovisions, and additional
requirements for each PUO, in accordance with the conditions
542 established in the City Council approval ofthefinal PlIO Plan and
543 PUD ordinance"The PUD al!ree:me:nt shall he signed hv the
544 petitioner within 30 days or the City C'ouncil"s aooroval of the
545 agreement.
546 ~ubdivision~. Buildine: Permit. Following aooroval ofa Final
547 PUD Plan and exe:cution of the PUD agreement. the City may
548 grant huilding ne:rmits for orooosed structures within the aonrovcd
549 PUD area orovide:d the reQuested ne:rmit contl1rms to the: Final
550 PUD Plan. all orovisions of the PUD ordinance. the PUD
551 agreement and all other annlicahle City Codes.
~ubdivisioo2.Amendments.An application ffif-aft !!!-amended .!!
PUD pemHt shall be administered in the same manner as that
required for an initial PUO; howe:vcr. a minor amendment may he
made through review and anomval hv a simole maioritv vote of the
Cit" Council with or without rclerral to the Planning Commission.
To Qualifv Illr this review. the minor amendment shall not:
553
554
555
557
558
003 - April 21, 2004
14
Deleted: A. Pu~lie Ilearin!: PlanninB
Commission. Once Ihe Council has
apprO\'ed an applicanfs PrelimillJlV
l>eoigft-PUD Plan, the applicanl shall
submit the Final PUD Plan within .....
htHI<I~18Oj days thereorthe
complrte plans and specifications for the
PUD as required hereunder. le~tthtr itk
~tietHor
On: ("ollReil. 1=htfeetter. the ~
commission shall hold a public
infonnational hearing tlfl-ffte and consider
the applicalion and the General Plan or
De"elopment and tehe Retia" thefeef
.~ithift 8Af luuu'red h.e"l) (I~Q) 6:8)3 of
submissien eftiu! eemplele f1IRflS flAd
spuil1ealiel1s, situ Reliee- t~
hUH gi eA in lke maAFU!f rl!fllIind ey
....llIte-i>n&lh~.ptef-ftSpeeling
~~ The action of me
Council may include a request for plan
amendments. approval. denial er-rekfteJ
Ie lilt PI8Rftiftg Cefflmi~i8fl Bf slhtr Cit)
eemm~i
Deleted:
Deleted:. ~
Deleted: <#>A land Use C
Deleted: <#>Additional Com
Deleted: A- At the public hea
Deleted:
Deleted: Source: Ordinance
Deleted: 9
Deleted: Preparation and Ap
Deleted: Permit
Deleted: GeRCflII
Deleted: e~-
Deleted: f'CfIltil
Deleted: establishes
Deleted: bondmB
Deteted: GeAe<a1
Deleted: efDc.eleplllent. On
Deleted: "'Op"Source: Ordinal
Deleted: to
Deleted: MultiplH'ftHCb. A-1.:':" 18
Deleted:
Deleted:
Deleted:
Deleted: Snbdivision II. Me.
Deleted: 1Z
Deleted: Method .r An.endin
Deleted: Any desired change j n'
.
Minor amendment provisions allow a method
to deal with such situations effectively and
efficiently. The threshold figures may be
increased or decreased if the City desires.
Parts deleted because if the PUD is cancelled
if 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.
Certitlcation provisions are not now typically
followed for I) Plans to be approved
2)Changes and 3) upon compleliolL
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 of PUD approval and/or dealt with
in the ordinance and/or agreement.
559
560
561
562
563
I. Eliminate. diminish or he disruntive to the nreservation and.
protection of sensitive site features,
2. Eliminate. diminish or comnromise the high Qualitv of site
nlanninl!. design. landscaning or huildinl! materials.
3. Signilicantlv alters the location of huildinl!s. narkinc areas
or roads.
-to Increases or decreases the numher of residential dwdlinc
units hv more than live nercenl.
5. Increases the gross 1100r area of non-residential huildings
hv more than three nercent or increases the gross 1100r area
of any individual huilding hv more than live nercenl.
6. Increases the numher of stories of any huildinc.
7. Decreases the amount of onen space hv more than three
nereent or alters it in such a wav as to chance its original
design or intended function or use.
R. Create non-eomnliance with am snecial condition attached
to the annroval of the Final PLJD Plan.
565
566
567
568
569
570
571
572
573
574
575
576 "' except that the fee shall Be in the amount adopted by resaltltien af
577 the Cauncil. The amendment praeesure shall alsa apply ta re
578 applieations fer permits that ha'.e been senied, reEjuests for
579 ehanges in specific cenditiens contained in an existing ~
580 for other situatiens deseribed in this Seetion.
581
582
SubdivisionJ.Q,.Cancellation,..JLPUD~hall only be canceled and
revoked.upon the City Council adopting an ordinance rescindinl!
the ordinance approvinc the PIJD..
584
585
586
587
588
589
590
Subdivision .!!.Administration.
A. Records. The Planning Department shall maintain a record of
allflanned Unit Developments annrovcd hv the Citv Counci~
including information on the use, location, conditions imposed,
time limits, review dates, and such other information as may be
appropriate. Each approved PUD ~hall be clearly noted on the
Zoning District Map.
591
592
593
B. Certification of Plans Retluired. Any 131M submitted shall be
certified as fellows: Mechanical systems, electrical systems, storm
!HId surface drainage systems Md all structural systems shall be
designed lUlU certified by a registered arehiteet sr registered
engineer. The site plans may he prepared by a professianal site
plar.Rer, but a r-egistered arcllitect sr eRgineer must certify te the
r-eview efthe site and design efthe prepased buildings in
acooreance with the site plans, the terrain and the neighbering
cenditians, and in aecardance with the State BuilsiRg Csse. The
595
596
597
598
599
Thibault
ASSOCIATES
DRAH - May 20, 2003 - Oct 7,2003 - Dee. 82003 - April 21, 2004 15
.
I Formatted: Bullets and Numbering
I Deleted: permit
Deleted: 13
Deleted: Mdbod of
Deleted: of PUD Pumil
Deleted: Any exisling. appfOved PUD
permit shall be deemed 10 be canceled if
the owner of the land involved in thl:
permit applies for and recei\'es a rezoning
respecting said property prior to the time
that there is any physical implementation
of the ma.ners covered by the previously
appro\-ed PUD permit. In addition. an
existing rUD permil shall be deemed 10
be automatically cancrled in the event
that a final plat. if the same be required in
connection with the permit. is not filed as
required by and in accordance with the
tcnns of the Subdivision Regulations
Chapteroflbe City Code within six (6)
months following final approval oCthe
POO permit by Ihe Council. In.1I other
situations. an existing
Deleted: permit
Deleted: action in accordance with law.
Deleted: short of expiring according to
its own tenus.
Deleted: 14
Deleted: Gnarral
Deleted: rUD permits issued
Deleted: .
Deleted: by the Council
Deleted: permits grnnled
.
Deletions proposed since only asimple
statement is necessary.
A Letter of Credit is recommended instead of
bonding. Other deletions make it easier to
grasp the intent
Deleted because it is covered in Subdivision
6A and is out of place here.
Last sentence is not necessary.
.
600 Citv mav require that PUD plans be certified at the time of
601 submittal and/or unon comnletion of construction.
602
I
~
622
$:.. Time Limits. No application which was.denied shall be re-
submitted for a period of six,months from the date of said .denial.
)2. ),etter of Credit. .T 0 Assure Conformance to Jhe Final PlIO Plan
,and Agreemen~;rhe City ,mav require the applicant,tQ..post aJetter
of credit or other suret\', guaranteeing the faithful performance of
.Fertain work or matters covered in the agreementandjn a sum
equal to 150 percent the total cost of all suchjtems as determined
by the Department of Public Works.. The Letter of Credit or other
suret'. may bejeduccd when,specificpart;i or item;i~completed
and upon recommendation of the Department of Public Works,.
Ii. Eff,,'po Conveyed?m","v. 10 the even''''y real pmpert)' '0 \
the approved PUD permit is conveyed in total, or in part, the \
buyers thereof shall be bound by the provisions of the approved \
Final PUDflan constituting a part thereof; provided, however, that
~ing herein shall be construed to create non-conforming lots.
building sites, buildings or uses by virtue of any such conveyance
of a lot, building site, building or part ofthe development created
pursuant to and in conformance with the approved PUD.....
Thibault
ASSOCIATES
DRAFT. May 20, 2003 . Oct. 7,2003 - Dec. 8 2003 -April 21, 2004 16
.
\
Deleted: C. Certification Also Required
After Changes. If any plan nequired to be
certified by the preceding Subparagraph
B. above, is changed by the applicant
either for the applicant's own rea501\5 or
at the request or tile City. the applicant
shall submit a new plan reOecting lhe
change. which new plan shall be certified
as required by the preceding ~
Deleted: ",r261-
Deleted: t6)
Deleted: order of
Deleted: E
Deleted: subsequently
Deleted: F
Deleted: Bondoog
Deleted: t
Deleted: Geftef8I
Deleted: .rD, ".~ft""1
Deleted: s
Deleted: With respect to tbe~-
Deleted: Code,
Deleted: shall
Deleted: corporate surety bon<f ..,-r28]
Deleted: the
Deleted: s
Deleted: the payment of any cC129l
Deleted: parts or
Deleted: Part of the corpornte Cf30f
Deleted: and a""roval of tbe C Ollncil
Deleted: released
Deleted: any
Deleted: common
Deleted: is
Deleted: G
Deleted: of Minimum Area Ci'3if
Deleted: Lots or Building Sites
Deleted: permit and the GenerCfill
Deleted: pemlit. Subsequent sf-:::! ill
Deleted: H. Final Plat. Unless 0 ~
Deleted: Code, exceplto the <,.. ..,f3s1
Deleted: I. PUD Permit. Unles[ .., nhl
Deleted: J. Private Streets. W!f":1m
Deleted: L. Staged Develop""; _._ 381
Deleted: is proposed to develot.::139f
Deleted: when considering whr:::r4Of
.
.
.
9 11.55
SECTION 11.55. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Purpose and Intent. The purpose of this Section is to
encourage, preserve and improve the health, safety and general welfare of the people of
the City by encouraging the use of contemporary land planning principles and coordinated
community design. Planned Unit Developments (PUD's) are created hereby in recognition
of the economic and cultural advantages of planned community-type developments of
sufficient size to provide related areas for various housing types, retail and service activi-
ties, industrial operations, recreation, school, public facilities, and other uses of land. The
PUD procedure is designed to be used where designation of a single use zoning district or
application of standard zoning provisions to a development are too rigid for practical
application. It is the intent of this Section to provide an optional method of land use
regulations which permit design flexibility by substantial variances from the provisions of
Chapters 11 and 12 of the City Code, including variances in uses, setbacks, height,
parking requirements, and similar regulations.
Source: Ordinance No. 245, 2nd Series
Effective Date: 4-26-01
Subdivision 2. Definition of Planned Unit Developments.
A. Planned Unit Developments are defined for purposes of this
Section to include only the following:
1. Developments having two or more principal uses on a single
parcel of land.
2. Developments having two or more principal structures on a
single parcel of land.
3. Apartment projects involving a multi-use structure, such as
an apartment building with retail at ground floor level.
4. Townhouses which for purposes of this Section are defined
as single family, attached dwelling units on separate parcels of land which are constructed
contiguous to one another and separated by a bearing wall or walls. Such dwelling units
shall be contained within one structure and shall be of the row house type in contrast to
multiple dwelling apartment structures. They shall also have separate entrances to front
and rear yards.
5. Developments having two or more principal use structures
located on two or more lots either in single or multiple ownership, provided the combined
area totals one or more acres and the plan submitted includes the entire area to which the
planned unit will apply.
GOLDEN VALLEY CC
312
(8-31-01 )
.
.
.
S 11.55
6. Parcels within redevelopment areas which have been
established pursuant to Minnesota Statutes, Sections 462.411 - 462.716, and all acts
amendatory thereof.
B. A development may qualify as a Planned Unit Development only
upon application in accord with the procedures contained herein and an appropriate
determination by the Council.
Subdivision 3. Applicability of This Chapter. Planned Unit Developments
may be excluded from certain other requirements of this Chapter providing that the
conditions contained herein are complied with. The granting of a PUD permit does not
alter the existing zoning district classification of a parcel in any manner; however, once a
PUD use permit has been granted for a parcel, building permits shall not be issued for that
parcel which are not in conformance with the Building Code, with all other applicable City
Code provisions and with the approved PUD use permit unless the permit has been
amended, canceled or modified.
Subdivision 4. Interpretation of Section. Whenever a question arises
concerning the interpretation of any portion of this Section, the Planning Commission shall
ascertain all facts concerning the question and forward all data and a recommendation to
the Council for determination.
Subdivision 5. Standards and Criteria for PUD Permits.
A. General Standards. When considering an application for a PUD
permit, the Council shall consider the advice and recommendations of the staff of the
various City Departments, and of the Planning Commission, and the effect of the
proposed use upon the health, safety, morals, and general welfare of the occupants of
surrounding lands and existing and anticipated traffic conditions, including parking facilities
on adjacent streets and land. If it shall determine that the proposed use will not be
detrimental to the health, safety, morals or general welfare of the community, and that said
use is in harmony with the general purpose and intent of this Section, the Council may
grant such permits. In making such determinations, the various City Departments, the
Planning Commission, and the Council shall take cognizance that many areas of the City
are located so that they may be utilized as transitional areas between single family
residences and incompatibly more intense areas. If a proposed Planned Unit Development
meets the definition contained herein, a PUD permit may be used either (1) to permit
some variety of uses within transitional areas which will blend well with surrounding uses;
(2) to provide a means of flexibility in design and construction in transitional area; (3) to
provide maximum public control over the eventual development of transitional areas; or (4)
to achieve a combination of the foregoing objectives.
GOLDEN VALLEY CC
313
(6-15-98)
.
.
.
9 11.55
B. Residential and Institutional Area Standards. The purpose of this
Subparagraph is to establish standards and guidelines for the granting of a PUD permit to
erect a multi-building apartment or institutional use project in relation to an overall design
and an integrated physical plan, in accordance with the provisions and procedures
provided for in this Section. The owner or owners of any tract of land may submit a plan
for the development and use of such tract by making an application for a PUD permit
authorizing completion of the development in accordance with the following standards:
1. The tract of land for which such a development is proposed
and a permit requested shall not have less than one hundred (100) feet of frontage on a
public street as measured at building setback line.
2. The proposed development shall be served by the public
water and sewer system, and fire hydrants shall be installed according to a plan, approved
by the City staff, as to type and location.
3. No principal building shall be nearer than its height to the
rear or side property line when such line abuts on a single family use.
4. Private roadways within the project shall be constructed
according to a plan and approved by the City Engineer as to type and location.
5. No building shall be located less than 15 feet from the back
of the curb line along those roadways which are a part of the internal road system.
6. Provisions for solid waste storage and disposal shall be
provided according to a plan approved by the City staff, the Planning Commission and the
Council.
7. landscaping shall be provided according to a plan approved
by the Council in accord with the City landscape Standards. In addition, it shall include a
detailed planting list with sizes indicated.
8. In the event certain land areas or structures are provided
within the planned unit development for private recreational use or as service facilities, the
owner of such land and buildings shall enter into an agreement with the City to assure the
continued operation and maintenance to a pre-determined reasonable standard. These
common areas may be placed under the ownership of one of the following as determined
by the Council, depending on which is more appropriate:
(a) Dedicated to public where a community-wide use
would be anticipated.
(b) landlord control.
GOLDEN VALLEY CC
314
(6-15-98)
.
.
.
S 11.55
(c) Landowners Association, provided all of the following
conditions are met:
(1) The Landowners Association must be
established prior to any sale.
(2) Membership must be mandatory for each
owner, and any successive buyer.
(3) The open space restrictions must be
permanent, not for a given period of years.
(4) The Association must be responsible for
liability insurance, local taxes, and the maintenance of residential and other facilities.
(5) Landowners must pay their pro rata share of
the cost and the assessment levied by the Association that can become a lien on the
property.
(6) The Association must be able to adjust the
assessment to meet changed needs.
C. Business or Industrial Area Standards. The purpose of this
Subparagraph is to establish standards and guidelines for the granting of a PUD permit for
a business or industrial facility in relation to an overall design and integrated physical plan,
in accordance with the provisions and procedures as provided in this Section. The owner
or owners of any such tract of land may submit for approval a plan for the development
and use of such a tract for commercial or industrial or other uses by making an application
for a PUD permit authorizing completion of the development in accordance with an
approved plan. The following standards shall apply:
1. The tract shall have not less than one hundred (100) feet of
frontage on a public street.
2. The development shall be served by the public water and
sewer system and fire hydrants shall be installed according to a plan, approved by the City
staff, as to type and location.
3. The surface drainage system shall be constructed according
to a plan approved by the City Engineer as to type of materials used and location of
facilities.
4. The entire site shall be utilized for the PUD.
GOLDEN VALLEY CC
315
(6-15-98)
.
.
.
9 11.55
5. The off-street parking spaces shall be painted on the
surfaced area according to a plan which has received approval of the Council.
6. Provisions shall be designed for off-street loading to service
the business and such space shall have easy access and not be designated for any other
use.
7. Private roadways within the project shall be constructed
according to a plan approved by the City Engineer as to type and location.
Subdivision 6. Application Procedure - Preliminary Design.
A. An applicant for a PUD permit shall complete and submit to the
Planning Department an application in a form prepared by and containing information
needed by the Planning Department. Except to the extent the Director of Planning requires
more or less information, the application shall include, but not be limited to, the following
information:
Source: Ordinance No. 245, 2nd Series
Effective Date: 4-26-01
1. Twenty copies of a preliminary design of the proposed
development illustrating the nature and type of proposed development, the location of
buildings and roadways, the location of the parcel's boundaries, the expected density of
the development, the total area occupied by the development and the amenities to be
provided.
2. An abstractor's certificate showing the names and addresses
of all property owners within 500 feet of the property boundaries on which the proposed
improvement is to be constructed.
3. All data required for a preliminary plat by the requirements of
the Subdivision Regulations Chapter of the City Code.
4. A filing fee as prescribed by this Chapter.
5. An applicant may submit any additional information which
may explain the proposed improvement.
B. Each application for a PUD permit must contain all data required by
this Subdivision and, until it does, it will not be eligible for consideration by the Planning
Department, the Planning Commission or any other commission, committee or body of the
City.
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C. Upon submission of a completed application, the Planning
Department shall:
1. Refer it to the Planning Commission for a public information
meeting;
2. Notify property owners by mail within 500 feet of the subject
property, however, failure of any property owner to receive notification shall not invalidate
the proceedings; and,
3. Refer the application to the Departments of Public Works,
Public Safety and Park and Recreation for their written evaluations regarding those
aspects of the proposal which affect the particular department's area of interest.
D. The Planning Commission shall consider the application within 40
days, but not earlier than ten days, from date of submission to the Planning Commission,
for purposes of a report and recommendation to the Council. The Planning Commission's
consideration of the application shall be limited to a determination of whether the
application constitutes an appropriate land use under the general principles and standards
adhered to in the City and, if necessary, its report shall include recommended changes in
the land use planned by the applicant so as to conform the application or recommend
'approval subject to certain conditions or modifications. While the matter is under
consideration by the Planning Commission, the applicant may amend any part of the
application. If no action is taken by the Planning Commission within the period of time
allowed for action by such body, and there has been no delay caused or requested by the
applicant, the application shall be forwarded without comment to the Council. Any
applicant may, if such applicant so desires, request a delay in the proceedings, which shall
delay the time period provided by this Section; however, it shall not delay the time period
more than 90 days.
E. The petitioner, or the petitioner's representative, shall appear at the
public information meeting in order to answer questions concerning the proposed PUD.
F. The report of the Planning Commission shall be forwarded to the
Council for their next regular meeting following the preparation of said report, but not later
than ninety (90) days after the applicant has firstsubmitted such application to the
Planning Commission, as required under Subparagraph C, above.
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G. The Council shall thereafter hold a public hearing, and take action
on the application within sixty (60) days after submission of a report by the Planning
Commission. The public hearing shall be called and notice thereof given in the manner
required by statute and the Zoning Chapter respecting zoning petitions. The action of the
Council may include a request for plan amendments, approval, denial, or referral back to
the Planning Commission.
Stage.
Subdivision 7. Application Procedure - General Plan of Redevelopment
A. Public Hearing. Once the Council has approved an applicant's
Preliminary Design, the applicant shall submit within one hundred eighty (180) days
thereof the complete plans and specifications for the PUD as required hereunder, together
with a filing fee as adopted by resolution of the Council. Thereafter, the Council shall hold
a public hearing on the General Plan of Development and take action thereof within one
hundred twenty (120) days of submission of the complete plans and specifications, after
notice thereof has been given in the manner required by statute and the Zoning Chapter
respecting zoning petitions. The action of the Council may include a request for plan
amendments, approval, denial or referral to the Planning Commission or other City
commissions or committees for further consideration.
B. General Plan Requirements for All Areas. A General Plan of
Development shall be submitted for all proposed PUD's, which shall include, but not be
limited to, the following information:
1. Complete details of the proposed site development,
including location of buildings, driveways, parking places, dimensions of the parking
spaces, dimensions of the lot, lot area and yard dimensions.
2. Complete landscaping plans, including species and size of
trees and shrubs proposed.
3. Complete plans for proposed sidewalks to service parking,
recreation and service areas within the proposed development.
4. Complete plans for proposed storm water and surface water
drainage system.
5. Preliminary architectural plans showing the floor plan and
elevations of the proposed buildings.
6. Information indicating exterior wall finishes proposed for all
principal and accessory buildings.
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7. Complete data as to dwelling unit sizes.
Source: Ordinance No. 565
Effective 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 such other information, if any, as required by the Chapter 12
(Subdivision Regulations) of the City Code (provided, however, that the application for the
PUD may request variances therefrom and if so, the submitted data shall include the
information and rationale required by Section 12.54 of the City Code for variances from
the Subdivision Regulations.).
Source: Ordinance No. 245, 2nd Series
Effective Date: 4-26-01
9. Unless waived by the City, a development agreement in a
form approved by the Department of Public Works to install all public improvements
required by the City Code.
C. Requirements for General Development Plan for Large or Complex
Areas. In areas of such complexity that more detailed and complete plans may be
warranted, the Planning Department may require one or more of the following as a part of
the application for the Preliminary Design, in addition to other requirements of this Section:
1. A Land Use Component shall consist of a map or maps,
setting forth the distribution, location, and size of each category of land use proposed as
part of the General Plan of Development.
2. A Circulation Component shall consist of a map or maps,
setting forth the general location and extent of all transportation facilities proposed as part
of the General Plan of Development. Such facilities shall include all provisions for the
circulation of traffic within the planned area related to the Land Use Component. The
Planning Department may require a circulation plan prepared and signed by a registered
engineer.
3. A Population Component shall contain a descriptive
statement of the estimated population density and building intensity for various proposed
land uses, including estimates of future population characteristics and change within the
planned community correlated with other Components of the General Plan of
Development. The supporting data shall include, but not be limited to, dwelling (housing)
units per acre for the various residential uses proposed; and square footage by type for
the various non-residential facilities including sufficient data to calculate traffic generation,
parking requirements, water consumption, sewage needs and the necessary capacity of
related utilities and services traditionally rendered by public or private organizations for a
population of such size as is projected for the completed planned development.
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4. A Services and Facilities Component shall contain a map or
maps setting forth the general location and extent of any andall existing and proposed
systems for sewage, domestic water supply and distribution, refuse disposal, drainage,
local utilities and rights-of-way, easements, facilities and appurtenances necessary
therefor. Said Component shall also contain a detailed statement describing the proposed
ownership, method of operation, and maintenance of each such service and facility.
5. A Construction Order Component shall contain a map or
maps setting forth the proposed chronological order of construction relating each
proposed use and structure to the construction of the various services and facilities as
may be required herein. Said Component shall include estimated completion dates and
shall specify the proposed order of request for utility release or other authority to occupy
completed structures so as to provide a basis for determining the adequacy of the related
services and facilities for each separate construction phase.
6. Additional Components may be required such as: A
Recreation Component; a Public Building Component, providing for consideration for
administrative and public safety quarters; and such other components indicated by the
nature of the particular proposed development.
7. Maps and Reports shall be included such as: supporting
maps drawn to scale, diagrams, charts, descriptions, reports .and explanation of methods
utilized in its formulation.
Source: Ordinance No. 565
Effective Date: 5-28-82
Subdivision 8. Nature of Public Hearing. At the public hearing provided for
by this Section, the Council shall consider the staff and Planning Commission reports as
have been filed with it concerning the application, shall hear from the proponents of the
application, and shall open the discussion to questions or comments from persons notified
of the hearing or claiming to have an interest therein. At the conclusion of the hearing,
which may be continued from time to time, the Council, within the specified time limits,
shall either approve, deny or refer the application to the Planning Commission for further
consideration; provided, however, that in the latter event, the application must be placed
back on the Council agenda for final approval or denial within 120 days following the
taking of the latter action. The affirmative vote of a majority of the Council members shall
be required for final approval of any Preliminary Design or General Plan of Development.
Source: Ordinance No. 256, 2nd Series
Effective Date: 8-16-01
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Subdivision 9. Preparation and Approval of PUD Permit. Following
Council approval of a General Plan of Development, the City staff shall prepare a PUD
permit which establishes permitted uses, allowable densities, development phasing,
required improvements, completion dates for improvements, required bonding amount,
and additional requirements for each PUD, in accordance with the conditions established
in the Council approval of the General Plan of Development Once the applicant has
obtained final plat approval, unless the platting requirement has been waived, or unless
the development has zero lot lines, the PUD permit shall be submitted to the Council for
issuance.
Source: Ordinance No. 565
Effective Date: 5-28-82
Subdivision 10. Multiple Parcels. A PUD shall be regulated by a single
permit, together with attachments, regardless of whether it consists of more than one lot If
a PUD consists of more than one lot the following regulations shall apply regardless of the
number of owners.
A. The main body of the PUD permit shall consist of the regulations or
sections required by this Section 11.55 of the City Code. Unless modified by the City
Council, most of such main body of the permit shall contain all provisions relating to
shared or interdependent facilities including shared driveways, parking, landscaping,
maintenance or other shared items or responsibilities between the lots. It may also include
building footprints, building facades, signage style, and outdoor appearance.
B. At the discretion of the City Council, the PUD permit may include
an individual attachment for each lot within the PUD. The individual attachment shall
contain regulations that are of sole concern to the owner of that lot, although the City
Council may again in its sole discretion, include other items in the attachment that
ordinarily would be in the main body of the permit
C. All owners shall sign the main body of the permit at the time it is
approved or amended.
D. Only the owners of a particular lot will sign the individual
attachment pertaining to such lot
E. Amendments to the main body of the permit must have agreement
of all property owners within the PUD, unless paragraph G below applies.
F. If an amendment pertains only to the attachment for an individual
lot, consent or agreement of all owners is not necessary; however, the City Council will
consider any concerns or objections from other owners within the PUD before making a
final decision.
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G. If an existing PUD contains multiple parcels owned by different
persons, the owners of one of the parcels may apply for an amendment to the PUD terms
concerning solely his or her parcel. The City Council shall make the final determination as
to which terms concern solely one parcel. If the application provides for change in any of
the terms concerning parcels not owned by the applicant, the owners of such nonowned
parcels must join in the application.
Source: Ordinance No. 147, 2nd Series
Effective Date: 8-15-96
Subdivision 11. Method of Withdrawing a PUD Application. Any
application for a PUD permit may be withdrawn by the applicant at any time prior to filing
the required final plat thereof in accordance with the Subdivision Regulations Chapter of
the City Code, or if no platting is required in connection with the PUD application then at
the time prior to physical implementation of the approved permit, such as the
commencement of construction on the permit site.
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Subdivision 12. Method of Amending a PUD Permit. Any desired change
involving a structural alteration, enlargement or intensification of use not specifically
allowed by a particular PUD permit, or any request for a variance from the specific terms
of a previously issued PUD permit, shall require that an application be filed for an
amended permit and all procedures shall then apply as if a new permit was being applied
for. If there is a question whether an amendment is required, the question shall be
submitted to the Council for determination. An application for an amended PUD permit
shall be administered in the same manner as that required for an initial PUD permit,
except that the fee shall be in the amount adopted by resolution of the Council. The
amendment procedure shall also apply to re-applications for permits that have been
denied, requests for changes in specific conditions contained in an existing permit, and for
other situations described in this Section.
Subdivision 13. Method of Cancellation of PUD Permit. Any existing,
approved PUD permit shall be deemed to be canceled if the owner of the land involved in
the permit applies for and receives a rezoning respecting said property prior to the time
that there is any physical implementation of the matters covered by the previously
approved PUD permit. In addition, an existing PUD permit shall be deemed to be
automatically canceled in the event that a final plat, if the same be required in connection
with the permit, is not filed as required by and in accordance with the terms of the
Subdivision Regulations Chapter of the City Code within six (6) months following final
approval of the PUD permit by the Council. In all other situations, an existing PUD permit
shall only be canceled and revoked, short of expiring according to its own terms, upon
Council action in accordance with law.
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Subdivision 14. General.
A. Records. The Planning Department shall maintain a record of all
PUD permits issued, including information on the use, location, conditions imposed by the
Council, time limits, review dates, and such other information as may be appropriate. PUD
permits granted shall be clearly noted on the Zoning District Map.
B. Certification of Plans Required. Any plan submitted shall be
certified as follows: Mechanical systems, electrical systems, storm and surface drainage
systems and all structural systems shall be designed and certified by a registered architect
or registered engineer. The site plans may be prepared by a professional site planner, but
a registered architect or engineer must certify to the review of the site and design of the
proposed buildings in accordance with the site plans, the terrain and the neighboring
conditions, and in accordance with the State Building Code.
C. Certification Also Required After Changes. If any plan required to
be certified by the preceding Subparagraph B. above, is changed by the applicant either
for the applicant's own reasons or at the request of the City, the applicant shall submit a
new plan reflecting the change, which new plan shall be certified as required by the
preceding Subparagraph B. Failure to submit such new certified plan shall constitute
grounds for revocation of approval of General Plan of Development or refusal to issue a
PUD permit.
D. Certification Upon Completion. With respect to all plans required to
be certified by Subparagraphs B or C, above once the work has been completed, the
registered engineer who certified the plan shall certify in writing that it has been completed
in accordance with the certified plan.
E. Time Limits. No application which was subsequently denied shall
be re-submitted for a period of six (6) months from the date of said order of denial.
F. Bonding to Assure Conformance to General Plan of Development
and Agreements. With respect to the parts of a PUD or items therein which in the
judgment of the Department of Public Works, have a common affect, rather than an affect
on only one or two parts or units thereof, including but not limited to, private roadways,
public or private utilities, landscaping, and all improvements required by the City Code, the
applicant shall post a corporate surety bond or cash bond guaranteeing the faithful
performance of the work or agreements and the payment of any costs to the City in a sum
equal to the total cost of all such parts or items as determined by the Department of Public
Works. Part of the corporate surety bond or cash bond may be released when any specific
common part or item is completed upon recommendation of the Department of Public
Works and approval of the Council.
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G. Effect of Minimum Area Requirements on Conveyed Lots or
Building Sites. In the event any real property in the approved PUD permit is conveyed in
total, or in part, the buyers thereof shall be bound by the provisions of the PUD permit and
the General Development Plan constituting a part thereof; provided, however, that nothing
herein shall be construed to create non-conforming lots, building sites, buildings or uses
by virtue of any such conveyance of a lot, building site, building or part of the development
created pursuant to and in conformance with the PUD permit. Subsequent structural
additions or alterations may be made provided the provisions of the PUD permit, this
Chapter, and other applicable City Code provisions are adhered to.
Source: Ordinance No. 565
Effective Date: 5-28-82
H. Final Plat. Unless the requirement for a final plat be waived by the
Council, all applicants for a PUD permit shall be required to file with the appropriate
governmental recording agency a plat of said Planned Unit Development complying with
all of the requirements of the Subdivision Regulations Chapter of the City Code, except to
the extent that the Council may have given specific permission to the effect that specific
portions of the Subdivision Regulations Chapter, (1) need not be complied with, or (2)
waiving the requirement that a plat be filed. Such required plats shall contain on their face
a cross-reference to the final approved PUD permit (and General Plan of Development
made a part thereof) on file with the City and shall be filed within six (6) months after the
date of the Council action issuing the PUD permit. The Council in its sole discretion may
grant an extension for an additional period of up to six months upon request of the
applicant.
Source: Ordinance No. 273, 2nd Series
Effective Date: 11-15-02
I. PUD Permit. Unless this requirement is waived by the Council, the
applicant shall sign a PUD permit within 90 days of the Council approval of the general
plan.
J. Private Streets. Whenever it does not contradict the provisions of
this Section as it relates to an adopted transportation plan or the protection of
opportunities for reasonable development of surrounding land adjacent to a development
proposed in a PUD application, streets which are intended to be kept continuously closed
to public travel or are at all times posted as private streets may be retained as private
streets and so reflected upon the final plat made a part of the PUD permit; provided an
agreement is entered into between the owner of said private streets and the Council
assuring that the construction, operation and maintenance of said streets will be
accomplished in accordance with standards approved by the Department of Public Works
and the Council.
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K. Qualifications of Petitioner.
1. Application for a PUD may be made only by the owner of the
land involved in the PUD application, or by duly authorized representative, except that an
option or contract holder may apply for a PUD provided the application is accompanied by
fully executed agreements or documents from the owner stating that such owner has no
objections to the proposed application and is in fact joining in the same as such owner's
interest may appear. In addition, the applicant shall supply the City mailing labels with
names and addresses of all persons who are to be notified of any public hearings or other
proceedings required by the terms of this Section, including those persons disclosed on
the abstractor's certificates required to be furnished by the applicant in accordance with
the above provisions of this Section.
Source: Ordinance No. 565
Effective Date: 5-28-82
2. However, the City may act as a petitioner on its own motion
and make application for a PUD if it or an affiliated governmental body such as the
Housing and Redevelopment Authority in and for the City intends to purchase or take the
land involved by eminent domain; provided, further, however, that General Plan approval
may not be given to an application for a PUD by the City until such time as it or an
affiliated governmental body has obtained title to the land involved in the PUD application.
For purposes of this Subparagraph K, the intention of the City or an affiliated
governmental body shall be evidenced by passage of a resolution or motion by the
governmental body authorizing acquisition of the land involved.
Source: Ordinance No. 626
Effective Date: 6-15-84
L. Staged Developments. It is recognized that certain PUD permits
may involve construction over a long period of time. If it is proposed to develop a project
during a period which will exceed two years, the applicant may request preliminary design
approval of the entire project and permission to submit detailed information respecting
only the first stage or stages of the project. If permission pursuant to such a request is
granted by the Council, a separate public hearing shall, nevertheless, be required
respecting such successive stage of the project as the same is reached, and detailed
plans shall be submitted in accordance with the approved construction order component
forming a part of the PUD Permit.
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Subdivision 15. Building Permits. Following issuance of a PUD permit, the
Council, through the Building Board of Review, may grant building permits for proposed
structures within the approved PUD permit area, provided: (a) that the same appear to be
in substantial conformance with the final approved PUD permit and the integral General
Development Plan made a part of said permit; (b) that the landscape plan and exterior
materials for the structures submitted shall be the same as that considered by it when
considering whether to approve the General Plan of Development; (c) that the necessary
bonds have been posted as provided in this Section; (d) that the proposed improvement or
building construction is in accordance with the approved order of construction as per the
Construction Order Component or other specific terms of the approved PUD permit as
may be in any way involved respecting a Staged Development; (e) that any final plat as
may be required by the terms of this Section has been filed with the appropriate
governmental recording agency; and (f) that the proposed structure meets the
requirements of the State Building Code and all other applicable City Code provisions.
Source: Ordinance No. 147, 2nd Series
Effective Date: 8-8-96
SECTION 11.56. 1-394 OVERLAY ZONING DISTRICT ORDINANCE
. Subdivision 1. Purpose. The United States and Minnesota Departments of
Transportation are upgrading State Highway No. 12 to become Interstate Highway 394
which will alter transportation patterns and foster new development and redevelopment
along the highway corridor. It will also generate traffic congestion on both the freeway
system and the local street networks in portions of St. Louis Park and Golden Valley
resulting in traffic congestion, air pollution, noise pollution and other environmental
problems. Since the Interstate Highway 394 corridor runs along the common border
between the Cities of Golden Valley and St. Louis Park, they have studied the situation
and entered into a Joint Powers Agreement respecting the same. This Ordinance is
intended to impose on all dense developments, which will contain more than .6 square
feet of gross floor area per each square foot of land area within a lot or parcel in the 1-394
corridor, the condition that once the traffic generated at the XeniaNernon interchange, the
Louisiana Avenue interchange and the General Mills Boulevard/Boone Avenue
interchange exceeds certain levels of service, or the established reserve capacity,
whichever is first, the developments will be required to prepare and effectuate traffic
management plans which will serve to reduce the traffic congestion, air and noise pollution
and other environmental problems associated with them. The Ordinance does not prohibit
development, but, rather, permits development assuming appropriate traffic management
plans are in place and effect. The Joint Task Force will review the plans and insure their
compliance with this Ordinance.
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