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11.55 - Planned Unit Development § 11.55 Section 11.55: Planned Unit Development Subdivision 1. Intent and Purpose It is the intent of this Section to provide an optional method of regulating land use which permits flexibility from the other provisions of Chapters 11 and 12 of the City Code, including flexibility in uses allowed, setbacks, height, parking requirements, number of buildings on a lot and similar regulations. A. The purpose of this Section is to: 1. Encourage, preserve and improve the health, safety and general welfare of the people of the City by encouraging the use of contemporary land planning principles. 2. Achieve a high quality of site planning, design, landscaping, and building materials which are compatible with the existing and planned land uses. 3. Encourage preservation and protection of desirable site characteristics and open space and protection of sensitive environmental features including steep slopes, trees, scenic views, waterways, wetlands and lakes. 4. Encourage construction of affordable housing and a variety of housing types. 5. Encourage creativity and flexibility in land development. 6. Encourage efficient and effective use of land, open space, streets, utilities and other public facilities. 7. Allow mixing land uses and assembly and development of land to form larger parcels. 8. Encourage development in transitional areas which achieve compatibility with all adjacent and nearby land uses. 9. Achieve development consistent with the Comprehensive Plan. 10. Achieve development consistent with the City's redevelopment plans and goals. 11. Encourage development that is sustainable and has a high degree of energy efficiency. B. This Section applies to all Planned Unit Developments existing in the City on the date of its enactment and all subsequently enacted Planned Unit Developments (or PUDs). Golden Valley City Code Page 1 of 19 § 11.55 Subdivision 2. Applicability A. Optional Land Use Control. Planned Unit Development provisions provide an optional method of regulating land use which permits flexibility in the uses allowed and other regulating provisions including setbacks, height, parking requirements number of buildings on a lot and similar regulations provided the following requirements are met and the PUD plan complies with the other provisions of this and other Planned Unit Development Sections. Approval of a Planned Unit Development and granting of a PUD agreement does not alter the existing zoning district classification of a parcel in any manner; however, once a PUD has been granted and is in effect for a parcel, no building permit shall be issued for that parcel which is not in conformance with the approved PUD Plan, the Building Code, and with all other applicable City Code provisions. B. Uses. Once a Final PUD Plan is approved, the use or uses are limited to those approved by the specific approved PUD ordinance for the site and by the conditions, if any, imposed by the City in the approval process. C. Maintenance Preservation. All features and aspects of the Final PUD Plan and related documents including but not limited to buildings, setbacks, open space, preserved areas, landscaping, wetlands, buffers, grading, drainage, streets and parking, hard cover, signs and similar features shall be used, preserved and maintained as required in said PUD plans and documents. Subdivision 3. Standards and Guidelines A. Intent and Purposes. A PUD shall meet and be consistent with the intent and purpose provisions and all other provisions of this Section. B. Findings. Approval of a Preliminary or Final PUD Plan, or a PUD Amendment, requires the following findings be made by the City. 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. Efficient - Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. 4. Consistency. The PUD Plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. Golden Valley City Code Page 2 of 19 § 11.55 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. Meets Requirements. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. C. Size. Each residential PUD must have a minimum area of two (2) acres, excluding areas within a public right-of-way, designated wetland, or floodplain overlay district, unless the applicant can demonstrate to the satisfaction of the City Manager or his/her designee the existence of one (1) or more of the following: 1. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a PUD will conserve a physical or topographic feature of importance to the neighborhood or community. 2. The property is directly adjacent to or across a right-of-way from property which has been developed previously as a PUD and will be perceived as and will function as an extension of that previously approved development. 3. The property is located in a transitional area between different land use categories. D. Frontage. Frontage on a public street shall be at least one hundred (100) feet or adequate to serve the development. E. Setbacks. 1. The City may allow some flexibility in setbacks if it benefits all parties and the environment. Requiring greater or allowing lesser setbacks may be based on uses on and off the site, natural amenities and preservation, topography, density, building heights, building materials, landscaping, lighting and other plan features. The rationale and justification for these setbacks shall be described in the narrative. 2. Principal Building. No principal building shall be closer than its height to the rear or side property line when such line abuts on a single-family zoning district. 3. All Buildings. No building shall be located less than fifteen (15) feet from the back of the curb line along those roadways which are a part of the internal road system. Some minor deviations may be allowed provided adequate separation is provided through additional landscaping, berming or similar means. F. Private Service Facilities or Common Areas. In the event certain land areas or structures are proposed within the planned unit development for shared recreational use or as service facilities, the owner of such land and buildings Golden Valley City Code Page 3 of 19 § 11.55 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 (1) of the following as determined by the Council: 1. Dedicated to public where community-wide use is anticipated. 2. Landlord. 3. Landowners or Homeowners Association, provided appropriate conditions and protections satisfactory to the City are met such as formation of the association, mandatory membership, permanent use restrictions, liability insurance, local taxes, maintenance, and assessment provisions. G. Private Streets. Private streets shall not be approved, nor shall public improvements be approved for any private right-of-way, unless a waiver is granted by the City based on the following and other relevant factors: 1. Extension of a public street is not physically feasible as determined by the City; 2. Severe grades make it infeasible according to the City to construct a public street to minimum City standards; 3. The City determines that a public road extension would adversely impact natural amenities; or 4. There is no feasible present or future means of extending right-of-way from other directions. 5. If the City determines that there is need for a public street extension, this provision shall not apply, and the right-of-way for a public street shall be provided by dedication in the plat. 6. If a waiver is granted for the installation of private streets, the following design standards shall apply: a. The street must have adequate width consistent with the Transportation Plan and must be located and approximately centered within an easement at least four (4) feet wider than the street. b. The private street shall be designed to minimize impacts upon adjoining parcels. c. The design and construction standards must result in a functionally sound street in balance with its intended use and setting. d. The number of lots to share a common private access drive must be reasonable. Golden Valley City Code Page 4 of 19 § 11.55 e. Covenants which assign driveway installation and future maintenance responsibility in a manner acceptable to the City must be submitted and recorded with the titles or the parcels which are benefited. f. Common sections of the private street serving three (3) or more dwellings must be built to a seven-ton design, paved to a width of twenty (20) feet, utilize a minimum grade, and have a maximum grade which does not exceed ten percent (10%). g. The private street must be provided with suitable drainage. h. Covenants concerning maintenance and use shall be filed against all benefiting properties. i. Street addresses or City-approved street name signs, if required, must be posted at the point where the private street intersects the public right-of-way. H. Hard Surfaces. Hard surface coverage is expected not to exceed the following standards. Uses Maximum Hard Cover Percent Single Family 38% Townhouses 40% Apartments-Condominiums 42% Institutional Uses 45% Industrial Uses 70% Business Uses 80% Commercial-Retail 90% Mixed Uses of Housing with Retail, Office or Business 90% I. Public Space. Properties within PUDs are subject to the dedication of parks, playgrounds, trails, open spaces, storm water holding areas and ponds as outlined in the Subdivision Code, the Comprehensive Plan, redevelopment plans or other City plans. Source: Ordinance No. 584, 2nd Series Effective Date: 11-26-15 3. Mixed-income Housing. All applications for new PUDs submitted after September 19, 2017, shall be consistent with the City's Mixed-Income Housing Policy. Source: Ordinance No. 631, 2nd Series Effective Date: 03-15-18 K. Public Amenities. All PUD applications submitted after December 1, 2015, shall provide at least one (1) amenity or combination of amenities that total at least five (5) points from the Public Amenity Option table. An applicant may petition for credit for an amenity not included in the Public Amenity Option table that is not otherwise required in the underlying Zoning District; Golden Valley City Code Page 5 of 19 § 11.55 however, if the petition is granted, the amenity may only be allotted up to two (2) points. PUD Amenity Options Points Amenity Standards 5 Green Roof Installation of an extensive, intensive, or semi- intensive, modular or integrated green roof system that covers a minimum of fifty percent (50%) of the total roof area proposed for the development. Source: Ordinance No. 584, 2nd Series Effective Date: 11-26-15 5 Affordable Housing Units Provide affordable housing units beyond the minimum amount required in the City's Mix- Income Housing Policy (and comply with all other provisions in the Policy). Three options of affordability include: • An additional ten percent (10%) of units within development are rented or sold at thirty percent (30%) of Area Median Income or less. • An additional twenty percent (20%) of units within development are rented or sold at fifty percent (50%) of Area Median Income or less. • An additional thirty percent (30%) of units within development are rented or sold at eighty percent (80%) of Area Median Income or less. Source: Ordinance No. 584, 2nd Series Effective Date: 11-26-15 4 Public Open Space Contiguous ground level outdoor open space that is provided beyond the amount of open space required in the underlying Zoning District requirements. The space shall preserve the natural landscape while providing the opportunity for members of the public to interact with the natural habitat using walkways, benches, or other mechanisms. 4 Utilization of a Renewable Use of a photovoltaic or wind electrical system, Energy Source solar thermal system and/or a geothermal heating and cooling system for at least fifty percent (50%) of the annual energy demand in new and existing buildings The applicant must demonstrate that the quantity of energy generated by the renewable energy system(s) meets the required percentage through a whole building energy simulation. Renewable Energy Sources shall be in accordance with the underlying Zoning District and any other applicable requirements of the City Code. Golden Valley City Code Page 6 of 19 § 11.55 PUD Amenity Options Points Amenity Standards 4 Leadership in Energy and The proposed development shall achieve LEED Environmental Design Platinum certification approved by a LEED (LEED) Platinum Accredited Professional (LEED-AP) by a date Certification determined in the Development Agreement. During the PUD approval process, the developer must submit a LEED checklist and documentation to the City that shows the project will comply with LEED Platinum requirements. 3 Leadership in Energy and The proposed development shall achieve LEED Environmental Design Gold certification approved by a LEED Accredited (LEED) Gold Certification Professional (LEED-AP) by a date determined in the Development Agreement. During the PUD approval process, the developer must submit a LEED checklist and documentation to the City that shows the project will comply with LEED Gold requirements. 3 Community Garden Permanent and viable growing space and/or facilities such as a greenhouse or a garden, which provides fencing, watering systems, soil, secured storage spaces for tools, solar access, and pedestrian access as applicable. The facility shall be designed to be architecturally compatible with the development to minimize the visibility of mechanical equipment. 3 Public Recreation Area An active, safe, and secure outdoor recreation area open and visible to the public that includes equipment or natural features suitable for recreational use. 3 Public Plaza Plazas shall be open to the public during daylight hours and provide opportunities for the public to interact with the space using outdoor furniture, art, or other mechanisms. 3 Public Art The art shall be maintained in good order for the life of the principle structure. The art shall be located where it is highly visible to the public. If located indoors, such space shall be clearly visible and easily accessible from adjacent sidewalks or streets. 3 Creation or Preservation Creation, preservation, rehabilitation, or of Significant/Historic restoration of designed historic landmarks or Architecture significant architectural features as a part of the development. 2 Enhanced Bicycle and Eligible facilities may include a combination of the Pedestrian Facilities following: heated transit shelter, bicycle repair Golden Valley City Code Page 7 of 19 § 11.55 PUD Amenity Options Points Amenity Standards tools, rest area, wayfinding signs, sheltered walkway, woonerf, and other amenities that increase the convenience and encourage the use of public walkways and bikeways beyond what is otherwise required in the underlying Zoning District. 2 Enhanced Stormwater The design must provide capacity for infiltrating Management stormwater beyond what is required by the City and Watershed District and the design must serve as a visual amenity to the property. 2 Underground Parking At least Seventy-five percent (75%) of parking on-site shall be located underground. 1 Water Feature Usable to A water feature, including but not limited to a Public reflecting pond, a children's play feature, or a fountain shall be located where it is highly visible and useable by the public. 1 Shared Bicycle and Accommodation for shared vehicles or shared Vehicle Facilities bicycles on site. The shared service provider must be committed in writing to the use of the space in order to be eligible. 1 Enhanced Exterior A lighting plan that highlights significant areas of Lighting the site or architectural features of the building(s) and acts as a visual amenity for the development. 1 Informational/Interpretive Permanent signs that inform the public of unique Displays aspects or history of the property. 1 Enhanced Landscaping A landscaping plan prepared by a licensed landscape architect that provides exceptional design with a variety of pollinators and native trees, shrubs, and plant types that provide seasonal interest and that exceed minimum City standards. 1 Electric Car Charging An electric vehicle charging station accessible to Station residents, employees, and/or the public. Subdivision 4. Procedures A. Qualifications. Application for a PUD or PUD amendment may be made only by: 1) the owner of the land involved in the PUD application, or by a duly authorized representative, or 2) an option or contract holder, provided the application is accompanied by fully executed agreements or documents from the owner stating that such owner has no objections to the proposed application and is in fact joining in the same as such owner's interest may appear. The City may act as an applicant on its own behalf or on the behalf of an affiliated governmental body. Golden Valley City Code Page 8 of 19 § 11.55 B. Preliminary PUD Conference. Prior to filing a PUD application and prior to conducting a neighborhood meeting, the applicant shall meet with City staff for a pre-application conference. The primary purpose of the conference is to allow the applicant and staff to discuss land use controls, appropriate use of the site, design standards, how the plan will achieve higher quality and meet the PUD purpose and design requirements, the application process, and the general merits of the applicant's proposal. C. Neighborhood Meeting. At an appropriate point during development of a Preliminary PUD Plan or major PUD amendment application process, the applicant shall hold a neighborhood meeting. All property owners within five hundred (500) feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposal, discuss the concepts and basis for the plan being developed and to obtain information and suggestions from the neighborhood. D. Preliminary PUD Review. 1. Planning Division. Upon submission of a completed Preliminary PUD Plan application, the Planning Division shall: a. Refer. Refer the application to other City departments for their written evaluations regarding those aspects of the proposal which affect public safety and the delivery of City services. b. Notify. Notify by mail property owners within five hundred (500) feet of the PUD, or a larger area to be determined by the City, of the public information meeting. However, failure of any property owner to receive notification shall not invalidate the proceedings. c. Report. Prepare a report and refer it to the Planning Commission for review at the informal public hearing. 2. Planning Commission. a. Informal Public Hearing. The Planning Commission shall hold an informal public hearing and consider the application for consistency with the Intent and Purpose provisions and other PUD requirements and principles and standards adhered to in the City. The Planning Commission's report to the Council shall include recommended changes, conditions, or modifications. b. Recommendation. The findings and recommendation of the Planning Commission shall be forwarded to the Council and may include recommended conditions and modifications to the Preliminary PUD Plan. Golden Valley City Code Page 9 of 19 § 11.55 3. City Council. a. Public Hearing. The Council shall hold a public hearing and take action on the application. All property owners within five hundred (500) feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The public hearing shall be called and notice thereof given in the manner required by statute. b. Action. The findings and action of the Council may include a request for plan amendments, approval, denial, or other action deemed appropriate by the Council such as referral back to the Planning Commission. E. Final PUD Conference. Following approval by the City Council of the Preliminary PUD Plan, with or without conditions, and prior to the submission of the Final PUD Plan for review, the applicant shall meet with City staff to demonstrate that all conditions or required modifications to the Preliminary PUD Plan have been addressed. Failure to hold this meeting prior to submission of the Final PUD Plan shall be grounds to deem the application incomplete. F. Final PUD Review. 1. Planning Division. Upon submission of a completed Preliminary PUD Plan application, the Planning Division shall: a. Refer. Refer the application to other City departments for their written evaluations regarding those aspects of the proposal which affect public safety and the delivery of service. b. Notify. Notify by mail property owners within five hundred (500) feet of the PUD, or a larger area to be determined by the City, of the public information meeting. However, failure of any property owner to receive notification shall not invalidate the proceedings. c. Report. Prepare a report and refer it to the Planning Commission for review at the informal public hearing. 2. Planning Commission. a. Informal Public Hearing. The Planning Commission shall hold an informal public hearing. All property owners within five hundred (500) feet of the PUD or a larger area as determined by the City, shall be given notice of the meeting. b. Consistency. The Commission shall review the Final PUD Plan for consistency with the Preliminary PUD Plan as approved by the Council, and the conditions, if any imposed by the Council, the Intent and Golden Valley City Code Page 10 of 19 § 11.55 Purpose provisions, all other provisions of the PUD ordinance, and principles and standards adhered to in the City. c. Recommendation. The findings and recommendation of the Planning Commission shall be forwarded to the Council and may include recommended conditions and modifications to the Final PUD Plan. 3. City Council. a. Public Hearing. The City Council shall hold a public hearing. All property owners within five hundred (500) feet of the PUD, or a larger area as determined by the City, shall be given notice of the meeting. The public hearing shall be called and notice thereof given in the manner required by statute. b. Action. The findings and action of the Council may include plan amendments, approval, denial, or other action based on findings and deemed appropriate by the City Council such as referral back to the Planning Commission. 4. Approval. Approval of a Planned Unit Development shall be by ordinance requiring an affirmative vote of a majority of the City Council. Subdivision 5. Application - Preliminary PUD Plan A. Application and Preliminary PUD Plan Requirements. The applicant shall complete and sign the application and submit a Preliminary PUD Plan. All application requirements must be completed and submitted for the application to be processed. If it is proposed to develop a project during a period which will exceed two (2) years, the applicant may request approval of a Preliminary PUD Plan for the entire project and permission to submit a Final PUD Plan only for the first stage of the project. Separate public hearings and a Final PUD Plan shall nevertheless be required respecting such successive stage of the project as the same is reached. Except to the extent the City Manager or his/her designee requires more or less information, the application shall include, but not be limited to, the following information: 1. Narrative. A narrative statement explaining how the proposed PUD will meet the purpose and other provisions of this Section. 2. Preliminary Site/Development Plan. A plan of the proposed development illustrating the nature and type of proposed development shall identify all land uses and proposed square footages, the locations of buildings, existing and proposed roadways and accesses, pedestrian ways and sidewalks, proposed parking areas, areas to be preserved, public and common areas, and the amenities to be provided. Setback measurements from buildings, roads, parking and high use outdoor activity areas to the nearest lot lines shall be shown on the Site Plan. Golden Valley City Code Page 11 of 19 § 11.55 3. Preliminary Preservation Plan. A Preservation Plan showing the areas to be preserved and spaces to be left open shall be provided. Preference shall be given to protecting sensitive environmental features including steep slopes, trees, scenic views, waterways, wetlands and lakes. 4. Preliminary Stormwater Management Plan. Preliminary plans for grading, drainage and erosion control which meet the City's standards shall be submitted. The plan shall show hard surface calculations by areas - buildings, private streets, driveways, parking lots, plazas, walks, trails, and all other impervious surfaces. 5. Preliminary Utilities Plan. The applicant shall provide a plan showing how the site will be served by utilities. 6. Preliminary Building Code Analysis. 7. Preliminary Plat. All data required for a preliminary plat by the requirements of the Subdivision Regulations Chapter of the City Code. 8. Preliminary Building Elevations, including height and materials. 9. Future Requirements. The applicant is advised to consider the additional requirements for a Final PUD Plan when preparing the Preliminary PUD Plan. 10. Other. An applicant may submit any additional information which may explain the proposed PUD. Subdivision 6. Application - Final PUD Plan A. Application and Final PUD Plan Requirements. Unless the applicant has obtained City Council permission under Subd. 5(A) hereof to develop a project over more than two (2) years, the applicant shall submit a complete Final PUD Plan within one hundred eighty (180) days of Preliminary PUD Plan approval. Such one hundred eighty (180) day period may be extended for additional one hundred eighty (180) day periods by the City Council in the exercise of its sole discretion subject to such additional conditions as it deems appropriate. The Final PUD Plan shall be consistent with the Preliminary PUD Plan approved by the City Council, as well as the PUD Intent and Purpose provisions hereof. Except to the extent the City Manager or his/her designee requires more or less information, the application shall include, but not be limited to, the following: 1. Narrative. A narrative statement explaining how the proposed PUD will meet the purpose and other provisions of this Section. The narrative must demonstrate that all conditions or required modifications to the Preliminary PUD Plan have been addressed. Golden Valley City Code Page 12 of 19 § 11.55 2. Final Site/Development Plan. A plan of the proposed development illustrating the nature and type of proposed development shall identify all land uses and proposed square footages, the locations of buildings, existing and proposed roadways and accesses, pedestrian ways and sidewalks, proposed parking areas, areas to be preserved, public and common areas, and the amenities to be provided. Setback measurements from buildings, roads, parking and high use outdoor activity areas to the nearest lot lines shall be shown on the Site Plan. 3. Final Preservation Plan. A Preservation Plan showing the areas to be preserved and spaces to be left open shall be provided. The plan shall include new plantings, fixtures, equipment and methods of preservation. Said plan and information may be included on the Landscape Plan. a. Wetlands and Ponds. Wetlands and ponds shall have a riparian buffer strip composed of natural vegetation but not an improved and/or fertilized lawn. The applicant shall comply with regulations set forth by the City of Golden Valley, Bassett Creek Watershed, and the State of Minnesota. b. Buffers. Provisions for buffering the PUD site from adjacent uses shall be included. Natural amenities shall be used to the extent possible and be supplemented by additional landscaping, berms or other features as may be appropriate. Buffers shall be based on the type of uses on and adjacent to the site, views, elevations and activities. Buffers may be included on the Landscape Plan. c. Tree Preservation Plan. A complete tree preservation plan consistent with the PUD requirements and the Preliminary PUD Plan as approved by the City. d. Landscape Plans. Complete landscaping plans showing vegetation to be removed, vegetation to be retained and proposed vegetation. Plans shall include species, quantities, planting methods and sizes. Within any specific PUD, the landscaping may be required to exceed the City's policy on minimum landscape standards. 4. Final Stormwater Management Plan. Complete plans for grading, drainage and erosion control which meet the City's standards shall be submitted. The plan shall show hard surface calculations by areas - buildings, private streets, driveways, parking lots, plazas, walks, trails, and all other impervious surfaces. 5. Final Utility Plan. 6. Final Building Code Analysis. Golden Valley City Code Page 13 of 19 § 11.55 7. Final Plat. Unless waived by the City, the applicant shall submit a final plat, as required by the Subdivision Code. The title of the plat must include the following "P.U.D. No. " (The number to insert will be provided by the City.) 8. Other items, if determined to be applicable: a. Transportation and Parking Plan. A complete plan shall be submitted which includes: 1) Proposed sidewalks and trails to provide access to the building, parking, recreation and service areas within the proposed development and connection to the City's system of walks and trails 2) Internal roads, if any 3) Driveways 4) Parking, including layout dimensions of spaces and aisles, total parking by use, and a notation about striping/painting the spaces 5) Off-street loading for business uses 6) A plan for snow storage and removal 7) A plan for maintenance of the facilities 8) A calculation of traffic projections by use with assignments to the roads, drives and accesses serving the PUD, including existing traffic volumes for adjacent streets using the most recent counts and/or based on the uses and trip generation estimates 9) A description of the alternatives and locations considered for access to the site and the rationale used in selecting the proposed location, width and design of streets, driveways and accesses. b. Architectural Plans. The applicant shall submit architectural plans showing the floor plan and elevations of all sides of the proposed buildings including exterior wall finishes proposed for all principal and accessory buildings. Cross sections may be required. c. Lighting Plan. Subject to the requirements in Section 11.73, Outdoor Lighting. d. Solid Waste Management and Recycling Plan. The applicant shall provide a refuse disposal plan including provisions for storage and removal on a regular basis. Golden Valley City Code Page 14 of 19 § 11.55 f. Dwelling Information. The applicant shall submit complete data as to dwelling unit number, density net and gross, sizes, types, etc. g. Life-Cycle and Affordable Housing. If the PUD includes "life-cycle" or affordable housing, the applicant shall provide a narrative describing the housing, and the guarantees such as covenants to be used to secure such housing and maintain long term affordability. h. Population. The applicant shall submit a population component which shall contain a descriptive statement of the estimated population and population characteristics. i. Employees. If office, commercial, business, service firms or institutional uses are included in the PUD, the estimated number of employees shall be included. j. Schedule. The applicant shall submit a schedule and proposed staging, if any, of the development. Subdivision 7. PUD Permit and Development Agreement Following Council approval of a Final PUD Plan, City staff shall prepare both a PUD Permit and a Development Agreement which reference all the approved plans and specify permitted uses, allowable densities, development phasing, required improvements, neighborhood communication plan if applicable, completion dates for improvements, Letters of Credit and other sureties, and additional requirements for each PUD, in accordance with the conditions established in the City Council approval of the Final PUD Plan and PUD ordinance. The PUD Permit and Development Agreement shall be signed by the applicant or property owner within thirty (30) days of the City Council's approval of the permit and agreement. Subdivision 8. Building Permit Following approval of a Final PUD Plan and execution of the PUD Permit and Development Agreement, the City may grant building permits for proposed structures within the approved PUD area provided the requested permit conforms to the Final PUD Plan, all provisions of the PUD ordinance, the PUD Permit, the Development Agreement and all other applicable City Codes. Subdivision 9. Multiple Parcels A PUD may be regulated by a single agreement which may include attachments. One (1) or more of the attachments may cover an individual lot. An applicant amending an approved PUD must show that the proposed change does not adversely affect any other property owner, if any, in the PUD, the terms of the Final PUD Plan, PUD Permit, Development Agreement, and the Intent and Purpose and other provisions of this Section. A proposed amendment which does not meet this requirement may be rejected by the City without review as would otherwise be required by the ordinance. Golden Valley City Code Page 15 of 19 § 11.55 Subdivision 10. Amendments An application to amend an approved final PUD shall be reviewed by the City Manager or his/her designee to determine whether the amendment qualifies as a major amendment, minor amendment, or an administrative amendment. A. Administrative Amendments. An administrative amendment is reviewed and approved by City staff in writing. To qualify for this review, the proposed amendment (i) shall not qualify as a minor amendment or a major amendment, (ii) shall not have a significant impact to surrounding land uses, (iii) shall be consistent with the vision and guidance set forth in the Comprehensive Plan and the PUD as it was originally approved, (iv) shall be administrative in nature, and (v) may only include changes to the PUD that: 1. Change a Utility Plan; 2. Change a Landscaping Plan; 3. Change an Interior Building Plan; 4. Change an Outdoor Lighting Plan; 5. Change a Grading/Erosion Control Plan; 6. Change an Architectural Elevation; and/or 7. Make other changes determined by the City Manager or his/her designee to be only administrative in nature. B. Minor Amendments. A minor amendment shall be approved by a simple majority vote of the City Council with or without referral to the Planning Commission. To qualify for this review, the proposed amendment (i) shall not qualify as an administrative amendment or a major amendment, (ii) shall be consistent with the vision and guidance set forth in the Comprehensive Plan and the PUD as it was originally approved, and (iii) may only include changes to a PUD that: 1. Change land use to a use that is permitted in the underlying Zoning District; 2. Increase the number of residential dwelling units by less than ten percent (10%); 3. Demolish or add an accessory structure; 4. Change a front yard, side yard, or rear yard setback that meets the minimum requirements set forth in the underlying Zoning District; Golden Valley City Code Page 16 of 19 § 11.55 5. Change the number of parking spaces that meets or exceeds the minimum off-street parking requirements set forth in this Chapter; 6. Change parking lot configuration or design with no change in number of parking spaces; 7. Increase impervious surfaces up to the maximum amount allowable in the underlying Zoning District; 8. Change building coverage up to the maximum amount allowable in the underlying Zoning District; 9. Change gross floor area in any individual building by less than ten percent (10%); 10. Significantly change architectural elevation plans in a way that alters the originally intended function of the plans; 11. Significantly change landscape plans in a way that alters the originally intended function of the plans; and/or 12. Make other changes that do not cause the amendment to be considered a major amendment, as determined by the City Manager or his/her designee. C. Major Amendments. A major amendment shall be reviewed by Planning Commission and approved by a simple majority vote of the City Council. To qualify for this review, the proposed amendment shall not qualify as an administrative amendment or a minor amendment, and may include changes to a PUD that: 1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features; 2. Eliminate, diminish or compromise the original intent and/or the high quality of site planning, architectural design, landscape design, landscape materials, or building materials; 3. Alter the location of buildings or roads; 4. Increase the number of residential dwelling units by ten percent (10%) or more; 5. Introduce new uses; 6. Demolish or add a principle structure; Golden Valley City Code Page 17 of 19 § 11.55 7. Change a front yard, side yard, or rear yard setback that does not meet minimum requirements set forth in the underlying Zoning District; 8. Change the number of parking spaces that does not meet the minimum off-street parking requirements set forth in this Chapter; 9. Increase impervious surfaces above the maximum amount allowable in the underlying Zoning District; 10. Change building coverage above the maximum amount allowable in the underlying Zoning District; 11. Increase the gross floor area of any individual building by ten percent (10%) or more; 12. Increase the number of stories of any building; 13. Decrease the amount of open space by more than three percent (3%) or alter it in such a way as to change its original design or intended function or use; 14. Create non-compliance with any special condition attached to the approval of the Final PUD Plan; and/or 15. Make other changes that do not cause the amendment to be considered an administrative amendment or a minor amendment, as determined by the City Manager or his/her designee. Subdivision 11. Cancellation A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the ordinance approving the PUD. Subdivision 12. Administration A. Deposit. The City may require the applicant to make funds available to cover fees for professional services generated by the establishment or modification of the PUD. B. Records. The Physical Development Department shall maintain a record of all Planned Unit Developments approved by the City Council including information on the use, location, conditions imposed, time limits, review dates, and such other information as may be appropriate. Each approved PUD shall be clearly noted on the Zoning Map. C. Certification of Plans. The City may require that PUD plans be certified at the time of submittal and/or upon completion of construction. Golden Valley City Code Page 18 of 19 § 11.55 D. Time Limits. No application which was denied shall be re-submitted for a period of six (6) months from the date of said denial. E. Letter of Credit. To assure conformance to the Final PUD Plan, PUD Permit, and Development Agreement the City may require the applicant to post a Letter of Credit in a form approved by the City, guaranteeing the faithful performance of certain work or matters covered in the agreement and in a sum equal to one hundred fifty percent (150%) the total cost of all such items as determined by the Physical Development Department. The Letter of Credit or other surety may be reduced when specific parts or items are completed and upon recommendation of the Physical Development Department. F. Effect on Conveyed Property. In the event any real property in the approved PUD Agreement is conveyed in total, or in part, the buyers thereof shall be bound by the provisions of the approved Final PUD Plan constituting a part thereof; provided, however, that nothing herein shall be construed to create non-conforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot, building site, building or part of the development created pursuant to and in conformance with the approved PUD. Source: Ordinance No. 584, 2nd Series Effective Date: 11-26-15 Golden Valley City Code Page 19 of 19