02-23-81 PC Agenda Golden Valley Planning Commission
February 23, 1981
(Civic Center, 7800 Golden Valley Road)
7:30 p.m.
A G E N D A
I . Approval of Minutes - Februar 9, 1981 .
II . Set Date for Informal Public Hearing - P.U,D. 30-A.
Golden Valley Housin - Concept Ap�roval .
APPLICANT: Henry L. Hyatt
LOCATION: Hillsboro Avenue � Mendelssohn Avenue N.
REQUEST: Concept Approval for a 29 unit Townhouse
Development (Section 8 Housing)
Iil . Set Date for Informal Public Hearing - Rezoning
APPLICANT: Vanman Construction Company
LOCATION: 9201 Plymouth Avenue
REQUEST: Change Zoning from Multiple Dwetting to
industrial
IV. Review and Discussion of Proposed Amendments to the Planning
Commission By-Laws.
V. Review of Recommendation to City Council re arding the Duties of the
Planning Commission and Amendments to Ordinance No.
VI . Report on City Council Meetin - February 17, 1981 .
V11 . Report on HRA Meetin - February 10, 1981 .
VIII . Discussion on Attendance of Planning Commission Members at American
Planning Association Nationat Conference, Boston, April 25-29, 19 1 • �
IX. Review and Discussion of Revisions to P.U.D. Ordinance.
X. Report on Progress of Valley Square Commission - Dave Thompson.
� Minutes of the Golden Vatley
Planning Commission
February 9, 1q81
A regutar meeting of the Planning Corr�iission was held at 7:30 p.m. in the
Councit Chambers of the Civic Center, 7800 Golden Valley Road, Golden Valley,
Minnesota. Chairperson Eastes called the meeting to order at 7:30 p.m.
Those present were Commissioners: Eastes, Hughes, Forster, Moede and
Thompson.
Commissioners Polachek, Specktor and Sehlin were absent.
Also present was Michael Miller, Director of Planning and Redevelopment, and
Martin Farrell , Assis,tant City Planner.
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I . Approval of the M�inutes - January 26, 1981 .
It was moved by Thomp on, seconded by Forster, and carried unanimously to
approve the minutes o the January 26, 19g1 Planning Commission meeting.
II . Review and Discu�sion of the Plannin Commission's Duties and Responsibilities.
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Chairperson Eastes op ned the discussion by stating that she felt the Planning
Commission shoutd be ore proactive than reactive in the future.
Discussion followed with regard to the usefulness of a comprehensive plan.
Commissioner Moede as ed about the existing Comprehensive Plan map and how it
was arrived at. Mike Miller stated that it was established through the 1976
Comprehensive Plan anc� a proposed zoning ordinance that was never adopted.
Chairperson Eastes th�n made the point that transitional areas have been
difficult to deal witli. She suggested that the next Comprehensive Plan map
contain a few land us� recommendations in the transitional areas.
� The revision process pf the proposed zoning ordinance was then discussed.
�,���'��., �a�=t� questioned the reason for the delay in preparing the Business
and Professional Offi 'Ge Section of the ordinance.
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It was then moved by Thompson, seconded by Moede and carried unanimously to
recommend that the Ci�y Council explore expediting the legal interpretation of
the proposed sections of the zoning ordinance that are in the process of being
rewritten, so that the Planning Commission may better advise the City Council
on Zoning matters.
Commissioner Hughes stated he had a problem with the same people holding the
position of Council members as well as members of the HRA. He felt that it
isn't possible for a Council member to operate in a non-bias atmosphere from
� the HRA.
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� Minutes of the Golden Valley Planning Commission
February 9, 1981
Discussion of the role of the HRA and the Planning Commission then ensued.
Commissioner Forster suggested that mention of the HRA and Planning Commission
relationship be spelled out in the Council 's motion about the duties of the
Planning Commission.
Commissioner Moede will meet with Michael Miller before the next Ptanning
Commission meeting to establish a new addition to the motion that deals
directly with the HRA.
III . Review and Discussion of Planning Commission By-laws , with emphasis
on Section pertaining to attendance.
The Ptanning Commission then reviewed the By-Laws and made several changes.
Staff recorded these and will present the revised By-Laws to the Commission
at the February 23, 1981 meeting.
IV. Discussion of the Number of Members that the Planning Commission should
have.
After some discussion the Commission decided that seven members would be an
appropriate number.
• It was then moved by Thompson, seconded by Moede and carried unanimously to
change Section 17•05 of the Golden Valley City Code to read as follows :
"Section 17.05. Planning Commission. There is hereby created
a Golden Valley Planning Commission consisting of seven (7)
members. The duties of which commission shall be not as
individual members, but as a body, to advise, recommend, and
assist the Council in matters relating to planning and
growth of the City. This shall include matters relating
to the social , economic and physical environment."
V. Review and Discussion of Ideas for continuing Educafion for the Planning _
Commission.
Michael Miller explained that the American Planning Association holds its
National Conference every year and that t�iey conduct a seminar for Planning
Commission members. He F�igf�ly recort�nended tE�is seminar and encouraged the
Commission to consider sending at least two representatives.
It was then moved by Moede, seconded by Thompson and carried unanimously
to recommend that the City Council authorize the use of City funds to send
Vice Chair Forster and Secretary Thompson, along with tE�e Director of Planning
and Redevelopment to the APA Conference to be field in Boston in 1981 .
Chairperson Eastes then established a subc mmio 'ttee for continuing education for
i the Planning Commission and appointed Corrnnissioner Forster and Thompson.
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Minutes of the Golden Valley Planning Commission
February 9, 1981
VI . Report on the City Council Meetinq - February 3, 1981 •
Bill Forster represented the Planning Commission at the Council meeting.
He-briefed the Commission on the results of the meeting.
Meeting adjourned at 10:20 p.m.
Respectfully submitted,
Sue Eastes, Chairperson David Thompson, Secretary
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February 18, 1981
T0: Golden Valley Planning Commission
FROM: Mike Miller, Ptanning � Redevelopment Coordinator
SUBJECT: Set Date for Informal Public Hearing - P.U.D. 30-A
Henry L. Hyatt, Chicago, Illinois, is requesting concept approvat for
a 29-unit Townhouse development to be located on 3.2 acres of land
located at Hillsboro Avenue and Mendelssohn Avenue North, in the
northwest corner of the City. This proposed development would be
subsidized by H.U.D. Section 8 funding, and would be intended for
rental to low and moderate income families.
A date for an informal public hearing should be set. I would suggest either
March 9, 1981 or March 23, 19�1 , as dates for this hearing.
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February 18, 1981
T0: Golden Valley Ptanning Commission
FROM: Mike Miller, Planning � Redevelopment Coordinator
SUBJECT: Set Date for Informal Public Hearing for Rezoning
Vanman Construction Company, Minneapolis, has purchased a 4.3 acre
site at 9201 Plymouth Avenue. The site is presently zoned Multiple
Dwetling, and was once considered as a site for "scattered site" housing
by the HRA. Now, since purchasing the property, Vanman Construction
is requesting to rezone the property to industrial for development of
an office-storage facility for that company.
The Ptanning Commission will have to conduct an informal public hearing
on this matter. I would suggest either March g, 1981 or March 23, 1.981 ,
for the date of the hearing.
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February 18, 1981
T0: Golden Valley Planning Commission
FROM: Mike Miller, Planning � Redevelopment Coordinator
SUBJECT: Amendments to the Planning Commission By-Laws
Attached you will find a copy of the amended By-Laws for the Golden
Valley Planning Commission as recommended by the Commission on their
February 9, 1981 meeting. Approval of these, or any other amendments
to the By-Laws must be by a two-thirds majority vote of the full
Planning Commission.
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February 12, 1981
T0: Members of the Golden Valley Ptanning Commission
FROM: Martin Farrell
SUBJECT: Revision of the Planning Commission By Laws
The existing By Laws of the Planning Commission were discussed at
the February 9, 1981 Planning Commission Meeting. A number of "
changes were suggested at that meeting.
Attached is a copy of the original By Laws and a copy of the proposed
By Laws as suggested by the Planning Commission. The areas that
have been altered or added are highlighted in yellow. Please review
these changes for discussion purposes.
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� BY LAWS OF THE PLANNING COMMISSION OF THE
CITY OF GOLDEN VALLEY
Section 1 . The annual meeting of the City Planning Commission shall be
the second regular meeting in March of each year.
Section 2. Regular meetings of the Commission shall be held at 7�30 p.m.
on the second and fourth Monday of each month.__ _Attendance
is required at all meetings. Absence from four (4) _consecutix�-
meetings or one third (1/3) of the regularly scheduled meetings
in any one year shall constitute grounds for automatic review
of a member`s appointment by the Co�ncil . - It shalt be the
Chairperson's responsibility to contact the Commission member
involved and report the circumstances for the a.bsences to the
City Council . The Chairperson shall also review the Commissioners '
attendance records every six months in both February and August.
Section 3. Special meetings may be called by the Chair whenever he/she
deems the same expedient. Special meetings shall be called
whenever three members request the same in writing.
Section 4. The members may adjourn from time to time, absentees being notified
thereof, and in case there shall be no quorum present on the day
fixed for a regular, adjourned or special meeting, the members
• present may adjourn from time to time until a quorum be obtained,
or may adjourn said meeting sine die. A majority of the membership
of the Commission shall constitute a quorum.
Section 5. Each member shall be notified at least forty-eight hours previous
to any special meeting, of the time, place, and purpose of the same.
Said notice shall be given by the Secretary, and shall be served
personally, or in writing by mail postmarked at least forty-eight
hours before the time appointed for such meeting.
CONDUCT OF BUSINESS
Section 6, No business shalt be transacted at any special meeting other than
that named in the call thereof, except by consent of two-thirds
of the enttre Commission, or by unanimous consent if fewer than
two-thirds, but at least a quorum are present. lf such consent
is obtained, any measure adopted by a vote of a quorum shall have
the same effect as if adopted at a regular meeting.
Section 7. Meetings shall be called to order by the Chair, or in his/her
absence, by the Vice Chair. In the absence of both, the Secretary
shall call the meeting to order, when those present may elect
a Chair pro tem.
� Section 8. A record shall be kept of those Commission members present and
those absent for each Planning Commission meeting. Each Ptanning
Commission member is responsible for giving due notice to either
the Chairperson or a member of the Ptanning Staff in the event
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' that he or she will not be able to attend a regularly scheduled,
meeting.
� The minutes of previous meetings shall be submitted for approval
and any errors noted and corrections made, after which, the
regular order of business shall be taken up, provided that the
reading of the minutes may be dispensed with and the same
approved if there are no objections.
Section 9. The further order of business, unless otherwise ordered by the
Commission, shall be as follows, and shall be shown on the agenda
of each regular meeting:
1 . Action items
2. Planning items
3. Administrative items
4. Corr�nun i cat i ons
5. Other business
6. Adjournment
The order of items 1 and 2 may be reversed at every other meeting
if the Commission so desires.
Section 10. All motions and resolutions offered by each Commissioner and/or
adopted by the Commission shall be in writing,. If it is desired
that more than the substance thereof be entered in the minutes,
the Chair shall so direct the Recording Secretary, who will
incorporate the additional details with the minutes of the meeting.
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ELECTION OF OFFICERS
Section 11 . At the annual meeting in March of each year, the Commission shall
� elect a Chair, Vice Chair, Secretary, and such other officers as
it may deem necessary; but in case of failure to elect at the time
specified, the election shall take place at a subsequent meeting
without delay. The Chair, Vice Chair, and Secretary shall hold
their respective offices until the next annual meeting after
their election, and until their successors are elected and qualified.
The City staff representative to the Planning Commission shall
serve as Recording Secretary.
DUTIES OF THE CHAf.R
Section 12. The Ch.air shall preside at all meeti.ngs of the Commission. He/she
may present to the Commission sucfi matters as in I�is/her judgment
require attention, and need not vacate his/fier chair for that
purpose unless proposing to discuss the same.
At the request of any Commissioner, he/she shall direct that the
yeas and nays be taken and entered on the record on any question
before the Cortvnission.
� When the Commission has not established rule of parliamentary
practice, the Chair shall be guided as nearly as may be by
Roberts' Rules of Order Revised.
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The Chair shall exercise a general supervision over the business ,
S papers, and property of the Commission, sign the minutes , and
shall act as the Commission's Executive Officer.
The Chair or his/her designated representative shall present to
the Council all Planning Commission recommendations. The Chair
shall perform all other duties as the Commission may prescribe.
The Chairperson is a voting member of the Commission.
DUTIES OF THE VICE CHAIR
Section 13• The Vice Chair shall act for the Chatr when the Chair is absent or
disabled, and shall sign the minutes for those meetings he/she
chairs. Al1 duties of the Chair's office or as a member of any
commi�tee shall temporarily devolve upon the Vice Chair.
The Vice Chair shall serve as a member of the Board of Zoning
Appeals. The Vice Chair shalt perform all other duties the
Commission may prescribe.
DUTIES OF THE COMMISSION SECRETARY AND RECORDING SECRETARY
Section 14. The Commission Secretary shall sign the minutes and perform
all other duties the Commission may prescribe.
� The Recording Secretary shall attend all meetings and keep the
records of t�e Commission, and shall , in addition, perform all
other duties usually pertaining to this office. He/s�e s�all
keep a true and complete record of all proceedings of the
Commission, and 6ave charge of all books, documents and papers
wh.i.c� properly b�long to this offi.ce..
AD� HOC COMMITTEES
Section 15• The Chair may ap�oint ad hoc committees unless the Commission
shall otherwise direct, and shall be an additional member -
ex officio, of a� l committees. The Chair shall appoint a Planning
Cor�nission membe� to chair each ad hoc committee.
All committees s�all consist of at least three members, except
as otherwise ord�red by the Commission.
The Corrmission m�y, at any time, change the number of inembers
of any committee'' in such way as it may deem best.
Three members of'' any committee shall constitute a quorum of
such committee. If fewer than three members of the committee
are present at a�y meeting�e--members present may prepare
� reports and may submit the same to the City Planning Commission
on behalf of sucM committee, in whicb case the report shall show
the committee mefibers present.
Section 16. Nothing in the fpregoing shall be construed as waiving the rights
. of the Commissiom at any time to increase or curtail the duties
of any committee and/or to direct or control its actions.
AMENDMENTS
Section 17. The above rules and regulations, or any portion thereof, may be
suspended by a majority of the members of the Commission at any
regular meeting, or may be amended or repealed by a two-thirds vote
of the entire Commission at any regular meeting subsequent to
the meeting when the same is proposed.
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BY LAWS OF THE PLANNING COMMISSION OF THE
• CITY OF GOLDEN VALLEY
Section 1 . The annual rr�eti�g of the City Planning Commission shall be the
second regular m�eting in March of each year.
Section 2. Regular meetings of the Commission shall be held at 7:30 p.m. on
the second and fourth Monday of each month. Attendance is
required at all meetings. Absence from a third of the regularly
scheduled meetings in any one year shall constitute grounds for
automatic review of a member's appointment by the Council .
Section 3. Special meetings may be called by the Chair whenever he/she deems
the same expedient. Special meetings shall be called whenever
three members request the same in writing.
Section 4. The members may �djourn from time to time, absentees being notified
thereof, and in �ase there shall be no quorum present on the day
fixed for a regullar, adjourned or speciat meeting, the members
present may adjo�rn from time to time until a quorum be obtained,
or may adjourn s�id meeting sine die. A majority of the membership
of the Cort�nissioh shall constitute a quorum.
Section 5. Each member shall be notified at least forty-eight hours previous
to any special meeting, of the time, place, and purpose of the same.
� Said notice shall be given by the Secretary, and shall be served
personally, or in writing by mail postmarked at least forty-eight
hours before the time appointed for such meeting.
CO�DUCT OF BUSINESS
Section 6. No business shallh be transacted at any special meeting other than
that named in th� call thereof, except by consent of two-thirds of
the entire Commi�sion, or by unanimous consent if fewer than two-thirds
but at .least a quorum are present. If such consent is obtained, any
measure adopted by a vote of a quorum shall have the same effect
as if adopted at a regular meeting.
Section 7. Meetings shall be called to order by the Chair, or in his/her
absence, by the Vice Chair. In the absence of both, the Secretary
shall call the meeting to order, when those present may elect a
Chair pro tem.
Section 8. A record shall b� kept of those Commission members present and
those absent for', each Planning Commission meeting.
The minutes of p�evious meetings shall be submitted for approval
and any errors npted and corrections made, after which, the
regular order of' business shall be taken up, provided that the
� reading of the minutes may be dispensed with and the same approved
if there are no objections.
May, 1977
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• Section 9. The further order of business, unless otherwise ordered by the
Commission, shall be as follows, and shall be shown on the agenda
of each regu 1 a r Ineet i ng:
1 . Aclt i on i tems
2. Pl�lanning items
3. AdMinistrative items
4. Communications
5. Other business
6. Adjournment
The order of Items 1 � 2 may be reversed at every other meeting
if the Commission so desires.
Section 10. All reports , motions, and resolutions shall be in writing. If
it is desired that more than the substance thereof be entered
in the minutes, the Chair shall so direct the Recording Secretary,
who will incorpolrate the additional details with the minutes of
the meeting.
ELEICTION OF OFFICERS
Section 11 . At the annual meeting in March of each year, the Commission shall
elect a Chair, Vice Chair, Secretary, and such other officers as
it may deem necessary; but in case of failure to elect at the
• time specified, the election shall take place at a subsequent
meeting without delay. The Chair, Vice Chair, and Secretary shall
hold their respe�ctive offices until the next annual meeting after
their election, and until their successors are elected and qualified.
The City staff rlepresentative to the Planning Commission shalt
serve as the Rec'prding Secretary.
DUT'IES OF THE CHAIR
Section 12. The Chair shall preside at all meetings of the Commission. He/she
may present to the Commission such matters as in his/her judgment
require attention, and need not vacate his/her chair for that
purpose unless proposing to discuss the same.
At the request of any Commissioner, he/she shall direct that the
yeas and nays be taken and entered on the record on any question
before the Commi�ssion.
When the Comniss'�ion has not established rute of parliamentary
practice, the Ch�air shall be guided as nearly as may be by Roberts'
Rutes of Order R'�evised.
The Chair shall '�xercise a general supervision over the business,
papers, and prop,erty of the Commission, sign the minutes, and shall
act as the Commission's Executive Officer.
• The Chair or his/her designated representative shall present to
the Council all Planning Commission recommendations. The Chair
shall perform all other duties as the Commission may prescribe.
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• DUTIES OF VICE CHAIR
Section 13. The Vice Chair shall act for the Chair when the Chair is absent
or disabled, and shall sign the minutes for those meetir�gs he/
she chairs. All duties of the Chair's office or as a member of
any committee shall temporarily devolve upon the Vice Chair.
The Vice Chair shall serve as a member of the Board of Zoning
Appeals. The Vi;ce Chair shall perform all other duties the
Commission may p�rescribe.
DUTIES OF THE ICOMMISSION SECRETARY AND RECORDING SECRETARY
Section 14 A. The Commissipn Secretary shall sign the minutes and perform
all other dutieslthe Commission may prescribe.
B. The Recordinlg Secretary shall attend all meetings and keep
the records of the Commission, and shalt in addition perform
all other duties usually pertaining to this office. He/she
shall keep a tru�e and complete record of all proceedings of the
Commission, and have charge of all books, docurr�ents and papers
which property belong to this office.
AD HOC COMMITTEES
• Section 15. The Chair may appoint ad hoc comnittees unless the Commission
shall otherwise direct, and shall be an additional member ex officio,
of all committees. The Chair shall appoint a Planning Commission
_ r�mber to chair each ad hoc committee.
All cotnrnittees shall consist of at least three members, except as
otherwise ordereid by the Commission.
The Commission miay, at any time, change the number of inembers
of any committee, in such way as it may deem best.
Three members of', any committee shall constitute a quorum of
such committee. ' If fewer than three members of the committee
are present at a;�y meeting, the members present may prepare reports
and may submit the same to the City Planning Commission on behalf
of such cormnittele, in which case the report shall show the
committee members present.
Section 16. Nothing in the foregoing shall be construed as waiving the rights
of the Commission at any time to increase or curtail the duties
of any committee and/or to direct or control its actions.
AMENDMENTS
Section 17. The above rules and regulations, or any portion thereof, may be
• suspended by a majority of the members of the Commission at any
regular meeting, or may be amended or repealed by a two-thirds
vote of the entire Commission at any regular meeting subsequent
to the meeting w�en the same is proposed.
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� February 18, 1981
T0: Golden Valley Pllanning Commission
- FROM: Mike Miller, Pl��anning & Redevelopment Coordinator
SUBJECT: Amendment to City Council "Motion with Duties of
Planning Commission"
Attached you will find a c�opy of the suggested amendment of the City
Council 's "Motion with Dutlies of Planning Commission", as prepared
by Commissioner Mona Moede and myself. Please note that where an
amendment appears, the existing wording is marked with a dotted line
through it. This wording is to be deleted. The wording to be added
is shown in "ALL CAPS".
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� Motion with Duties of Planning Commission
The ordinance establishing the Planning Commission has several charges
and general duties giving direction to the Commission. The City Council
by motion approves the fol �owing list of duties which amplifies and/or
gives more specific directron to the Ptanning Commission.
The Planning Commission sh�ll :
a. Review specific development proposals made by private developers
and public agencies.
b. Review and make recpmmendations on proposed rezonings, subdivision
plans, amendments t� the zoning text, platting regulations and
variances and simil�r items having to do with administration and
regulatory measures.
c. Conduct special studies dealing with items such as renewal , civic
design, maintenance of a suitabte living and working environment,
economic conditions;, etc. These studies may be conducted at the
initiative of the Pllanning Commission and/or specific direction
from the City Counclil .
d. Review major public capital improvement plans against the policy
� and goals stated in the Comprehensive Plan for the area.
e. Addtse-and-made-rec�mmendattons-rn-matterS-re}attng-to-hons�ng
and-commdnrtq-dede}�pment-not-covered-bq-other-statements-of
responstb���tq-sachl-as:
ADVISE AND MAKE REC!OMMENDATIONS RELATIVE TO HOUSING, NEW DEVELOPMENT,
AND REDEVELOPMENT PROJECTS PROPOSED BY THE HRA PRIOR TO THE FINAL
COMMITMENT OF SUCH PROJECTS BY THE HRA. THIS CHARGE SHALL ALSO
RfLATE TO SUCH RESP�ONSIBILITIES AS:
1 . Make-recem�enlde�'tens-ta-the-6t�y-6e�Ret�-en-tbe-dse-9�-�tlfl�9
rece*ved-thro',ngh-the-Hoastng-and-Eommantt�-Bede�opment-Aet-of
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MAKE RECOMMENDATIONS TO THE CITY COUNCIL AND/OR HRA ON THE
USE OF FEDERAL AND STATE FUNDS RECEIVED FOR HOUSING AND
COMMUNITY DE��ELOPMENT.
2. Make recommenjdations to the City Council on the City's
participationi in other Federal , State, Metropolitan Council ,
County and M�lti-City Housing and Community Devetopment programs.
f. Advise and make recommendations in matters relating to and affecting
the environment such as:
� 1 . Taking into �ccount environmental concerns and the impact on
the environm�nt of any Planning Commission recommended action.
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� 2. To cooperate with and coordinate environmental proposals
and programslwith other city groups and Federal , State,
Metro, County� and other municipal groups.
3. To make such Ireviews of land reclamation, filling, excavation
and grading �'pplications as are required by City ordinance
or referred tio the Commission by the Council ; provided that
no review or recommendation shall remove or limit the right
' of a property owner in accordance with City ordinances and
the statutes ,and constitution of the State of Minnesota.
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�` February 18, 1981
T0: Golden Valtley Planning Commission
_ FROM: Mike Miller, Planning � Redevelopment Coordinator
SUBJECT: Recommended Amendments to Ordinance No. 488
Attached is a copy of the '�suggested amendrr�nts to Ordinance No. 488
dealing with Advisory Boa�ds and Commissions. The specific amend-
ments relate to that porti�on of Ordinance No. 488 dealing with the
Planning Commission. This draft was prepared for your consideration
by a subcommittee consisting of Commissioner Mona Moede and Mike Miller,
Planning and Redevelopment Coordinator.
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ORIDINANCE N0. 488
� AN ORDINANCIE AMENDING THE CITY CODE
(Advisory Boards and Commissions)
The City Council for the City of Golden Valley does hereby
ordain as follows:
Section 1 . The ,City Code is hereby amended in Section 170
thereof by deleting therefl�rom, in its present form and entirety,
Section 17d:04, and by enalcting and substituting in lieu of the same
the following:
"Section 170:04. Park and Recreation Commission.
There is hereby created a Golden Valley Park and
Recreation Commission consisting of not more than
nine (9) members, whose duties shall be, not as
individual members, but as a body to advise, recommend,
and assist the C�uncil in matters relating to parks,
recreation, and lopen space programs of the City.
1 . The Commissilon shall periodically review the
Comprehensiv�e Plan as to its consistency and
feasibility 'regarding:
� a. Open space needs.
b. Park and Recreation programs.
2. The Commission shall develop policy and plans
subject to �pproval by the Council for:
a. Park an� recreation programs.
b. Use of open space.
3• The Commission shall prepare and periodically
update an assessment of current programs
regarding:
a. Open sp�ce.
b. Park and recreation.
4. The Commissi'lon shall prepare and periodically
update an a�sessment of future needs regarding:
a. Parks and recreation.
b. Open Space.
5. The Commission shall advise the Council on policy and
cooperative agreements with other public and private
agencies, grcoups , or individuals relative to
recreation �rograms.
� 6. The Commissilon shall advise the Council on policy
matters of budget and capital outlay of the following
funds:
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a. Parks arid recreation.
� b. Brookvi�w.
c. Public Land Fund."
Section 2. The City Code is further amended in Section 170
by deleting therefrom, in its present form and entirety, Section 170:05,
and by enacting and substi'Ituting in lieu thereof the following:
"Section 170:05., Planning Commission. There is hereby created
- a Golden Va11ey Planning Commission consisting of seven (7)
members, the duties of which commission shall be not as individual
members, but as a body, to advise, recommend, and assist the
Council in matters relating to planning and growth of the City.
This shall incl4de matters relating to the social , economic
and physicat en�kironment.
1. The Planning Commission shall develop and make recommendations
to maintain, on an up to date basis, the comprehensive plan
for the City.
2. The Ptanning Commission shall develop and make recommendations
to maintain� on an up to date basis, the land use regulations
needed to i�jplement the comprehensive plan.
3. The Planning Commission shall develop and make recommendations
for policies on other matters related to the social , economic
and physical environment that are not included in the com-
� prehensive plan.
4. The Plannin� Commission shall carry out such other functions
or procedure�s as may be assigned by other city ordinance or
the City Council ."
Section 3. This ordinance shall take effect and be in full force
from and after May 21 , 197g. Section 2 of this ordinance shall take effect
from and after passage and publication of this ordinance.
Passed by the Ci',ty Council of the City of Golden Valley this
19th day of March, 1979. '
Robert R. Hoover, Mayor
ATTEST:
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� February 18, 1981 �
T0: Golden Valley Planning Commission
- FROM: Mike Mitler, Planning � Redevelopment Coordinator
SUBJECT: Revisions to I,P.U.D. Ordinance (Appendix 1 , Sections
15:01 throughi 15:07.)
Submitted herewith for your review and discussion is a revised version
of our present P.U.D. Ordi,nance. While no dramatic changes are
proposed, we are recommen�ing changes designed primarily to simplify
the procedures, clarify th!e language and bring the language up-to-date
with present statutory and organizational changes that have occurred
recently. One of the more significant changes that you will note is
that parking waivers will be negotiated and recommended for approval
by the Planning Commission rather than the Board ofi Zoning Appeals.
MHM/dp
.
•
� Appendix I
Sec. 15:01
i
15. PLANNED UNIT DEVELOPMENT
Section 15:01 . Short Title. This Ordinance shall be known, cited and
referred to as the City ofi Golden Valley Planned Unit Development (PUD)
_ Ordinance, except as referred to herein, where it shall be known as
"this Ordinance" or "this' Chapter".
5ection 15:02. Purpose and Intent. The purpose of these regulations is
to encourage, preserve and improve the health, safety and general welfare
. of the people of the City of Golden Valley by encouraging the use of
contemporary land planning principles and coordinated community design.
The Planned Unit Developm�nt (PUD) is hereby created in recognition of
the economic and cultural advantages that will accrue to the residents
of planned community development of sufficient size to provide related
areas for various housing types, retail and service activities, industrial
operations, recreation, school , public facilities, and other uses of land.
The PUD procedure i.s designed for use where the area comprising such a
development is located su�h that designation of a single use zoning district
and/or application of staridard zoning code requirements may be too rigid
for practical application.
It is the intent of this section to provide a means to allow design
� flexibility by substantia� variances from the provisions of the zoning
code, including uses, set�backs, height, parking requirements , and similar
regulations. '
Section 15:03. Rules and Definitions. Planned Unit Developments shall
include all developments having two or more principal uses or structures
on a single parcel of land and apartment projects involving a multi-use
structure, such as an apartment building with retail at ground floor level ,
townhouses, and similar pr,ojects. Planned Unit Developments shalt also
include two or more princi'�pal use structures located on two or more lots
either in singte or multip'le ownership provided the combined area totals
two or more acres and the plan submitted includes the entire area to
- which the planned unit will apply. Planned Unit Developments may be
excluded from certain other requirements of the Zoning Code and of this
Ordinance providing that t�he conditions contained herein are complied
with.
The granting of a PUD permiit does not alter in any manner the existing
zoning district classification, except that building permits shall not
be issued which are not in conformity pursuant to an approved PUD permit
unless it is amended, cancelled or modified by Section 15:04 of this
Ordinance. Whenever a que�tion arises concerning the interpretation of
any section of this Ordina�►ce, it shall be the duty of the Planning
Comnission to ascertain alll facts concerning said questian and forward
all data and a recommendat'ion to the City Council for a determination.
•
� �I' Appendix I
• Section 15 :04
Section 15:04. Procedures
(I ) Form and Treatment of Application.
(A) Application Proc�dure - Concept Plan
(1) The person �pplying for a PUD permit may fill out and
submit to tl�e Planning Department a "Concept Form",
together wifh an abstractors certificate showing the names
and addresses of all property owners within 500 feet of
the proposed PUD development , and a filing fee as prescribed
in Section 14:17 B (1) of this Zoning Code. The applicant
may submit such information as he deems necessary to explain
the general intent. Should approval be granted for the
concept, this in no way shall bind the City Councit to
subsequent �pproval of the detailed plans.
(2) The Plannin� Department shall imrnediately refer the applica-
tion to the 'iPlanning Commission for a public informational
meeting. P�`operty owners within 500 feet of the property
in question shall be notified, although failure of any
property owner to receive such notification shall not
invalidate the proceedings. Notification shall be by mail
• and may include a larger geographic area, if requested by
the Chair of the Planning Commission.
(3) The Plannin�q Commission sha11 initially consider the appli-
cation at i�s next regular meeting, but not earlier than
' ten days frcbm date of submission to the Planning Commission.
(4) The petitioner, or his representative, shall appear before
the Planning Commission in order to answer questions concerning
the proposecJ PUD.
�5) The report of the Planning Commission shall be forwarded to
the City Council for their next regular meeting following _
the preparation of said report, but not later than ninety
�90) days a�ter the applicant has first submitted his appli -
cation ta tFhe Planning Commission, as required under (3)
above. '
(6) The City Co4ncil shall thereafter hold a public hearing,
and take action on the application within sixty (60) days
after submission of report by the Planning Commission. The
public hearing shall be called and notice thereof given in
the manner required by statute and the Zoning Code respecting
Zoning petitions. The action of the Council may include a
request for plan amendments, approval , denial , or referral
• back to the Planning -Commission.
(7) If a Concept Plan is approved by the City Council , the
applicant m�y then proceed to submit a General Plan of
Development ',as hereinafter described.
. �
Appendix I
� Section 15:04 Cont.
(B) Application Procedure - General Plan of Develo�ment
(1) Complete Plans. As an alternate procedure to submitting
a Concept Plan, the applicant may initialty proceed directly
_ to submitt�ng all plans and specifications required by this
Chapter, tbgether with a filing fee as prescribed in Section
14:17 B (2� of this Zoning Code.
If the applicant first submits a concept plan and this
is approved, he shall then submit the camptete plans and
specifications as required hereunder, together with a
filing fee as prescribed in Section 14:17 B (1) of this
Zoning Code. The same procedure shatl be repeated as
was followed with respect to the concept plan according
to Section 15:04 (I) (A) .
(2) General Pt�n Requirements for atl Areas. A General Plan
of Develop�ent shall be submitted for all proposed PUD �
areas refl�cting the following information:
a. Complete details of the proposed site development ,
including location of buitdings , driveways , parking
places , dimensions of the parking spaces, dimensions
� of the lot, lot area and yard dimensions.
b. Comple�e landscaping plans , including species and
size o� trees and shrubs proposed.
c. Comple e plans for proposed sidewalks to service parking ,
recrea�ion and service areas within the proposed develop-
ment.
d. Complete plans for proposed storm water drainage
systems sufficient to drain and dispose of all surface
water accumulations within the area.
e. Preliminary architectural plans showing the floor
plan ar�d elevations of the proposed buildings.
f. Complete ptans and specifications for exterior wall
finish�s proposed for all principal and accessory
bui ldirogs.
g. Complete data as to dwelling unit sizes.
h. Unless waived by the Planning Commission and the Council ,
all data required on a preliminary plan and on a final
plat, including streets', utility easements, existing
� or pro�osed subdivision of ownership, and such other
inform�tion, if any, as required by the Platting
• , Appendix l
. Section 15:04 Cont.
� Ordinance of the City of Galden Valley (provided,
however,, that the application for the PUD may request
varianaes therefrom) .
(3) General Pl�n for Small Areas. The General Development Plan
for small areas hereby defined to mean a Planned Unit
Development for a total land area of less than five (5)
acres need only include the items specified in Section
15:04 (I) (B) (2) •
(4) Re uiremen�s for General Develo ment Plan for Large or
Complex Ar�as. In areas of five 5 or more acres or of
such compl�xity that more detailed and complete plans may
be warranted, the Planning Commission and/or City Council
may require the following, in addition to other requirements
of this Ordinance:
a. Land Use Component
A Land �,Use Component shall consist of a map or maps,
settin� forth the distribution, location , and size of
each c�tegory of land use proposed as part of the General
Plan o� Development. Such uses may include single
family residential , two family residential , three or
more family residential , mixed types of residential ,
� neighborhood retail shopping facilities, office facilities,
service facilities , education, religious, recreation,
public and semi-public facilities; or other categories
of publ'�,ic or private uses of land. Said Component shall
also c�ntaln a descriptive statement of objectives ,
principles and standards used in its formulation.
b. Circulation Component
A Circulation Component shall consist of a map or maps ,
setting forth the general location and extent of all
transpdrtation facilities proposed as part of the General
Plan of Development. Such facilities shall inctude all
_ provisil,ons for the circulation of traffic within the
planne� area related to the Land Use Component. Said
Circul�tion Component shalt also contain a descriptive
statement of objectives, principles and standards used
for its formulation.
c. Population Component
A Popul'iation Component shall contain a descriptive
staterr�nt of the estimated population density and
buildi�g intensity for the various proposed land uses,
including estimates of future poputation characteristics
� and change within the planned community correlated
with the other Components of the General Plan of Develop-
ment. The supporting data shall include, but not be
limited to, dwelling (housing) units per acre for the
various residential uses proposed; and square footage
` Appendix I
Section 15:04 Cont.
�
by typ for the various non-residential facilities
includ�ng sufficient data to calculate traffic
genera�ion, parking requirements , water consumption ,
sewage needs and the necessary capacity of related
utlities and services traditionally rendered by
_ public or private organizations for a population of
such size as is projected for the completed planned
development.
d. Servic�s and Facilities Component
A Serviices and Facilities Component shall contain a
map or maps setting forth the general location and
extent of any and all existing and proposed systems
for sewage, domestic water supply and distribution,
refuse disposal , drainage, local utilities and rights-
of-way, easements, facilities and appurtenances
necess;�ry therefor. Said Component shatl also contain
a detalited statement describing the proposed ownership,
method'lof operation, and maintenance of each such
servi_c� and faci 1 i ty.
e. Construction Order Component
� A Construction Order Component shall contain a map
or maps setting forth the proposed chronological
order pf construction relating each proposed use and
structlure to the construction of the various services
and fa'�cilities as may be required herein. Said
Componlent 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.
f. Additipnal Components.
The Geineral Plan of Development may include as addi-
tional Components: 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.
g. Maps ajnd Reports
The Ge',neral Plan of Development shall include sup-
portin�g maps drawn to scale, diagrams, charts,
� descriptions, reports and explanation of inethods
utilized in its formulation.
�'�
' Appendix i
Section 15:04 Cont.
�
(II) Action on Application
(A) Reports f rom Clity Departments
Prior to submi�sion of any application for a PUD permit
_ to the Plannin� Commission, the Planning Department shall
first refer th� same, together with all required plans
and components, to the Department of Public Works , Department
of Public Safety, and the Open Space and Recreation Department.
Each of said departments shall submit to the Planning Depart-
ment a written evaluation and report concerning those aspects
of the proposed plan which concern the particular department.
(B) Action by Plan�inQ Commission
Every appticatlion for a PUD permit, whether pursuant to a
Concept Plan ojr including a full General Development Plan
and additionaljcomponents as required, shatl be next referred
by the Plannin�q Department to the Planning Commission within
the time and in the manner specified in Section 15:04 (I ) (A)
above. The Pl�nning Commission may thereafter, acting in its
capacity as an advisory body to the City Council and within
the time period specified in the aforesaid Section 15:04 (I)
(A) , or Section 15:04 (I) (B) , or above, recommend approval
� of the application as submitted, recommend approval subject
to specified modifications or conditions, or recommend against
approval of the application. Within the permitted period of
time while the matter is under consideration by the Planning
_ Commission, th� applicant shall be'aliowed to make such
amendments to his application, including any part of the
General Develo�ment Ptan, and any applicable components thereof,
as either the irarious City departments or the Planning Com-
mission shall request, or as the applicant himself shall
desire to effett. If no action is taken by the Planning
Commission within the permitted 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 City Council . Any applicant may, if
he so desires, request a delay in the proceedings and time
scheduled as called for in this Chapter, in order to provide
said applicant with additional time within which to comply
with requests being made of him by either the City staff, the
Planning CommiSsion or the Council , or in order that the
applicant might make modifications or amendments to his plans.
(C) Action by the �ouncil
At the public hearing called for by Section 15:04 (I ) (A) or
(B) the Counci1 shall consider such staff departmental reports
� and Planning Commission reports as may have been filed with
it concerning a particular PUD application, shall hear from
the proponents of the application, and shall open the discussion
' I�
� Appendix I
Section 15:04
.
to questions or comments from persons required to be notified
of the hearing or claiming to have an interest therein. At
the conclusion of such a hearing on the matter, which hearing
may be continu�d from time to time so as to permit further
amendments to dr further discussion respecting a particular
- application, tl�e Council shall , within tMe time limits
specified in S�ction 15:04 (I) (A) or (B) , either approve
the applicatiorn as originally submitted or amended as the
case may be, deny the application or refer the application
back to the Planning Commission for further study and review;
provided, howeWer, that in either of the latter two events,
the application must be placed back on the Council agenda
for final approval or denial within 120 days following the
taking of either of such latter two types of action. The
affirmative vote of two-thirds of the Council members shall
be required fom final approval of any application for a PUD
permit. Condi�ions may be applied to the approval of a PUD
permit and/or � periodic review of the permit may be required.
Each permit shill be granted for a particular use and develop-
ment and not f�r a particular applicant.
(D) Method of Withdrawing an Application for a PUD Permit
� Any application for a PUD permit may be withdrawn by the
appticant at any time prior to filing the required final plat
thereof in accordance with the Platting Ordinance, or if no
platting is required in connection with the PUD application
then at any time prior to physical implementation of the
approved permi� , such as the commencement of construction
� on the permit $ite.
(E) Method of Amending a PUD Permit
Any desired change involving a structural alteration, enlarge-
ment 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 �or. An application for an amended PUD permit
shall be admin�stered in the same manner as that required
for an initiali, PUD permit, except that the fee shall be $75.00.
The amendment procedure shall also apply to re-applications
for permits th�t have been denied, requests for changes in
specific conditions contained in an existing permit, and for
other situations described in this Chapter.
(F) Method of Cancellation of a PUD Permit
� Any existing approved PUD permit shall be deemed to be
cancelled if t�e owner of the land involved in the permit
applies for andi receives a rezoning respecting said property
,
` � Appendix
Section 1 :04 Cont.
�
prior to the time that there is any physical implemen ation
of the matters covered by the previously approved PUD permit.
In addition, an existing PUD permit shall be deemed t be
automatically cancelled in the event that a final pla , if
the same be required in connection with the permit, i not
_ filed as requi�-ed by and in accordance with the terms of
the Platting 01-dinance for the City of Golden Valley ithin
six (6) months'� following final approval of the PUD pe mit by
the City Council . In atl other situations an existin PUD
permit shall omly be cancetled and revoked, short of xpiring
according to its own terms, upon the event of the Cou cil ,
acting in accordance with law and due process, taking some
rezoning action which supersedes the PUD permit.
Section 15:05. Standards and Criteria for Granting PUD Permits.
(i ) General Standards. In granting a PUD permit, the City Coun il
shall consider the a�vice and recommendations of the Staff f the
various City Departrr�nts, and of the Planning Commission, a d the
effect of the proposed use upon the health, safety, morals , and
general welfare of occupants of surrounding lands , existing and
anticipated traffic conditions, including parking facilitie on
� adjacent streets and land, and the effect on values of prop rty
and scenic views in the surrounding area. If it shall dete mine
that the proposed use will not be detrimental to the health, safety,
morals, or general w�lfare of the community, nor will cause serious
traffic congestion npr hazards, nor will seriously deprecia e
_ surrounding propertyivalues , and that said use is in harmon with
the general purpose �nd intent of this Ordinance, the City ouncil
may grant such permi�s. In making such determinations , the
various City Departrr�nts, the Planning Commission, and the ouncil
shall take cognizance that many areas of the City are locat d such
that they can be effectively utilized as transitional areas between
� single family residences and incompatibly more intense area . PUD
permits may therefore be used to either (a) permit some variety
of uses within transitional areas which will blend well wit -
surrounding uses; or (b) provide a means ofi flexibility in esign
and construction in such transitional areas or (c) provide ximum
public control over �he eventual development of such transi ional
areas; or (d) achiev� a combination of the foregoing objectives.
(2) Residential and Transitional Area Standards. The purpose o this
section of this Chapter is to establish standards and guidelines
for the granting of a PUD permit to erect a multi-buiiding part-
ment, institutional or other transitional use project in relation
to an overall design and an integrated physical plan, in ac ordance
with the provisions and procedures provided for in this Ordinance.
The owner or owners pf any trar�--a#—�and may submit a plan or the
� development and use pf such tract by making an application for a
PUD permit authorizing completion of the development in acc rdance
with the following s,�tandards :
„ � Appendix I
Section 1 :05 Cont.
� a. The tract of land for which such a development is propo ed
and permit requested shall contain not less than two ac es,
if land includes two or more platted lots.
b. The tract of land for which such a development is propo ed
and a permit requested shall not have less than one hun red
- (100) feet of frontages on a public street as measured t
building set-back line.
c. The proposed development shall be served by the public ater
and sewer system, and fire hydrants shall be installed ccording
to an approved plan, as to type and location.
d. No principal building shall be nearer than its height t the
rear or side property line when such line abuts on a si gle
family use.
e. Private roadways within the project shall have an impro ed
surface and width and shall be so designed and constru ted
as to permit fire trucks to provide protection to each uilding.
f. No building shall be located less than 15 feet from the back
of the curb line along those roadways which are a part f the
internal road system.
� g. The number of dwelling units may be flexible but not gr ater
than that which would be detrimental to the public heal h,
safety, and general welfare.
h. Provisions for solid waste storage and disposal shall b
provided according to a plan approved by the City staff, the
Planning Commission and the City Council .
i . Incinerators shall not be permitted.
j . Landscaping shall be provided according to a plan appro ed
by the Planning Commission and City Council and shall i clude
a detailed planting list with sizes indicated.
k. (Recreation use areas, buildings, common open space and other
joint facilities) . 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 t e 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 follawing, de ending
which is more appropriate:
� (1) Dedicated to public where a community-wide use would be
anticipated.
(2) Dedicated to pubtic as a special assessment district.
Appendix I
� Section 15�05 Cont.
(3) Landtord control .
(4) Landowners Association, provided atl of the followi g
conditions are met:
i . The Landowners Association must be establi hed
prior to any sale.
ii . Membership must be mandatory for each owner, and
any successive buyer.
iii . The open space restrictions must be perman nt ,
not for a given period of years.
iv. The Association must be responsible for li bility
insurance, local taxes, and the maintenanc of
residential and other facilities.
v. Landowners must pay their pro rata share of the
cost and the assessment levied by the ass ciation
that can become a lien on the property.
vi . The Association must be able to adjust the
assessment to meet changed needs.
(3) Business or Industrial Area Standards. The purpose of this section
of this Chapter is to establish provisions for the granting of PUD
• permits to erect a multi-building sales and service facilit in
relation to an overall design and integrated physical plan, in
accordance with the provisions and procedures as provided i this
Ordinance. The owner or owners of any such tract of land m y
submit for approval a plan for the development and use of s ch a
tract for cortunercial or industrial or other uses by making n
application for a PUQ use permit authorizing completion of he develop-
ment in accordance with an approved plan. The following st ndards
shall apply:
a. The tract of land for which such a development is prepa ed and
a permit requested shall not have less than two acres i
land includes two or more platted lots.
b. Tfie tract shall have not less than one hundred (100) fe t of
frontage on a public street.
c. The development shall be served by the public sewer and
water system and fire hydrants shall be installed accor ing
to an approved plan as to type and location.
d. The surface drainage system shall be constructed accord ng to
a plan approved by the City Engineer.
e. The entire site shall be utilized for some approved pur ose.
� f. The off-street parking spaces shall be painted on the s rfaced
area according to a plan which has received approval of the City
administrative staff, Planning Commission and the Counc 1 .
g. Provisions shall be designed for off-street loading to ervice
.
� �- Appendix I
Section 1 :05 Cont.
�
the business and such space shall have easy access and ot
be designated for any other use.
h. Private roadways within the project shall have an impro ed
surface and width and shall be so designed and construc ed
as to permit fire trucks to provide protection to each uilding.
Section 15:06. General
(1) Records. The Planning Department shall maintain a record o all
PUD permits issued, including information on the use, locat on,
conditions imposed by the City Council , time limits, review dates,
and such other information as may be appropriate. PUD perm ts
granted shall be clearly noted on the Zoning District Map.
(2) Certification of Plans Re uired. Any plan submitted shall e
certified as follows: a Mechanical systems , electrical ystems
and all structural systems shall be designed and certified y a
registered professional engineer and (b) all building and s te plans
shall be designed and certified by a registered architect o
registered engineer. The site plans may be prepared by a p ofessional
site planner, but a registered architect or engineer must c rtify
that he has reviewed the site and designed the proposed bui dings
� in accordance with the site plans, the terrain and neighbor ng
conditions, and in accordance with the City Building Code.
(3) Time Limits. No application which was subsequently denied hall
be re-submitted for a period of six (6) months from the dat of
said order of denial .
(4) Bondin to Assure Conformance to General Plan of Develo men and
Agreements. To assure that any improvements specified as p rt
of the General Plan of Development (or necessary as a prere uisite
to a utility release) are completed under the terms of said plan
or each phase as outlined in the Construction Order Compone t or in
any agreements executed with the City Council according to he
provisions of this Ordinance, the applicant shall post a co porate
surety bond or cash bond guaranteeing the faithful performa ce of
the work or agreements and the payment of any costs to the ity
in a sum equal to the total as recommended by the Departmen of
Public Works and approved by the City Council . Furthermore, prior
to certification of the Site Plans required by this Ordinan e, the
Department of Public Works shall also determine the arrrount f
corporate surety bond or cash bond as required by this Ordi ance
and submit said amount to the City Council for approval . S id
co�porate surety bond or cash bond shall cover each separat
facility, landscaping, or utility required as part of each phase of
development as outlined in the approved Construction Order Component
� and in the General Plan of Development, as the case r�y be; provided,
.
Appendix I
Section 1 :06 Cont.
•
however, that part of the corporate surety bond or cash bon may
be released when any specific part of each phase is complet d,
upon recommendation of the Department of Public Works and t e
approval by the City Council .
- �5) Effect of Minimum Area Re uirements on Conve ed Lots or Buildin
Sites. In the event any real property in the approved PUD ermit
is conveyed in total , or in part , the buyers thereof shall e
bound by the provisions of the PUD permit and the General D velop-
ment Plan constituting a part thereof; provided, however, t at
nothing herein shall be construed to create non-conforming ots,
building sites, buildings or uses by virtue of any such con eyance
of a lot, building site, building or part of the developmen
created pursuant to and in conformance with the PUD permit.
Subsequent structural additions or alterations may be made rovided
the provisions of the PUD permit, this Ordinance, and other applica-
ble Ordinances are adhered to.
(6) Final Plat. Unless the requirement for a final plat be wai ed by
the City Council , all applicants for a PUD permit shall be equired
to file with the appropriate Governmental recording agency plat
of said Planned Unit Development complying with all of the equire-
ments of the Platting Ordinance of this City being Section 40.00
• of the City Code, except to the extent that the Council may have
given specific permission to the effect that specific porti ns of
the Platting Ordinance, (a) need not be complied with, or ( ) waiving
the requirement that a plat be filed. Such required plats hall
contain on their face a cross-reference to the final approv d PUD
- permit (and General Plan of Development made a part thereof on file
with the City and shall be filed within six (6) months afte the
date of the Council action giving final approval to the PUD Use
permit.
(7) Use Permit. Unless this requirement is waived by the City ouncil ,
the applicant shall sign a Use Permit within 90 days of Cou cil
approval of the general plan.
(8) Private Streets. Whenever it does not contradict the provi ions
of this Ordinance as it relates to an adopted transportatio plan
or the protection of opportunities for reasonabte developme t of
surrounding land adj�cent to a development proposed in a PU
application, streets which are intended to be kept continuo sly
ctosed to public travel or are at all times posted as priva e streets
may be retained as private streets and so reflected upon th
final plat made a part of the PUD permit; provided an agree nt
is entered into between the owner of said private streets a d the
City Councit assuring that the construction, operation and in-
tenance of said streets will be accomplished in accordance ith
standards approved by the Department of Public Works and th City
� Council .
Appendix I
° Section 15:06 Cont.
� (9) Qualifications of Petitioner. Application for Planned Unit evelop-
ment may be made only by the owner of the land involved in t e PUD
application, or by his duly authorized representative, excep that
an option or contract holder may apply for Planned Unit Development
provided his application is accompanied by fully executed agreements
or dacuments from the owner stating that he has no objections to
the proposed application and is in fact joining in the same as his
- interest may appear. In addition, the appticant shall suppl the
City 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 Ordinance, including those persons disclosed on the abstractor's
certificates required to be furnished by the applicant in a cordance
with the above provisions of this Chapter.
(10) Staged Developments. It is recognized that certain PUD per its may
involve construction over a long period of time. If it is roposed
to develop a project during a period which will exceed two ears ,
the applicant may request concept approval of the entire pr ject and
permission to submit detailed information respecting only t e first
stage or stages of the project. If permission pursuant to uch a
request is granted by the City Council , a separate public h aring
shall , nevertheless, be required respecting each successive stage of
the pcoject as the same is reached, and detailed plans shal be
submitted in accordance with the approved construction orde component
forming a part of the PUD permit.
� Section 15:07. Site Plans and Building Plans.
(1) Requirements for Site Plans. Prior to the final issuance o the PUD
, permit, or prior to specific building permits being issued n the
case of an approved staged development PUD permit, the appl cant shall
- also file 5 complete and detaited site plans for each phase of the PUD
plan for whZch building requirements are, or will be, ultim tely
required. Each such �stte plan shalt include refinements of all pertin-
ent data required as a part of the General Plan of Develop nt constit-
uting a part of the PUD applicant and, as well as all perti ent data
required by the Building Code, including, but not limited t :
� (a) Identification of the use of each structure and refere ce to the
supplementary data pertinent to each use and contained within the
retative Component of the General Plan of Development, along
with appropriate addittonal data.
(b) Provision for off-street parktng, vehicle storage, int rnal
and external circulation and reference to supplementar traffic
data.
(c) Type and placement of signs, other than street name si ns.
(d) Type and tocation of fire-fighting facitities.
�
R
' APPENDIX I
Section 15:07 Cont.
�
(e) Nature and extent of cut and fill and degree of soil compaction
along with related engineering data.
(f) Plans and specifications for facitities for drainage of the
lots, if any, and the sites, streets, highways and alleys ,
_ including p�ovisions of storm drainage, culverts, bridges and
appurtenant structures.
(g) Plans and specifications for distribution and service lines for
domestic water supply to each lot or building site.
(h) Plans and specifications for sewage and all liquid or solid
waste storage and disposal facilities, including main and
secondary collection lines and stub-offs from the secondary
collection tines to the property line of each potential lot ,
or building site.
(i) Type, placement and number of street name signs and traffic
safety signs.
(j) Type, placement and number of street lighting devices.
(k) Barricades and other safety devices.
� (1) Such other information as requested on forms supplied by the
City staff, Planning Commission and Council .
(2) Procedure for Approval of Site Plans. Upon receipt of site plans
_ the Planning Department shall refer copies of the same to the
Department of Public Works, the Fire Department and such other City
Departments as ap{�ropriate.
(3) Building Permits. Following approval of the site plans, the City
Council , through the Building Board of Review, may grant building permits
for proposed structures within the approved Planned Unit Development
permit area, provided: (a) that the same appear to be in substantial
conformance with the final approved Planned Unit Development Use permit -
and the integral General Development Plan made a part of said permit ,
and with the approved site plans; (b) that the necessary bonds have
been acquired as provided in this Chapter; (c) 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; (d) that any final
plat as may be required by the terms of this Ordinance has been filed
with the appropriate Governmental recording agency; and (e) that
the proposed structure meets the requirements of the City Building
Code and all other applicable City Ordinances and regulations.
•