HomeMy WebLinkAbout[05a] Ordinance Amendment 52.09
5(a)
Planning Commission Agenda Item
MEETING DATE:
August 4, 2014
AGENDA ITEM:
Ordinance Amendment – 52.09
SUBMITTED BY:
Administration
STAFF RECOMMENDATION:
BACKGROUND INFORMATION:
City staff has been working with a developer on a
downtown project who is looking at a residential and commercial mix. Based on the current ordinance
two levels of residential would not be allowed as the current requirement limits residential to 50% of the
structure. Staff is recommending to amend the PUD Ordinance rather than the B1 Ordinance as the
additional rental should be allowed as part of a large development, not a single property. Attached are the
draft exhibits for the proposed development.
ATTACHMENTS:
Request for Council Action
Draft Ordinance Amendment
Draft Site Plan
REQUESTED PLANNING COMMISSION ACTION:
If the Planning Commission concurs with the
amendment, a public hearing could be scheduled for September
ORDINANCE 52 – ZONING ORDINANCE
Section 52.09: PUD – PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT
Subd. 1: Purpose and Intent. The purpose of this section is to provide for the
modification of certain regulations when it can be demonstrated that such modification would
result in a development, which would not increase the density and intensity of land use beyond
that which would be allowed if no regulations were modified; would preserve or create features
or facilities of benefit to the community such as, but not limited to open space or active
recreational facilities, which features or facilities would not have been provided if no regulations
were modified, would be compatible with surrounding development, and would conform to the
goals and policies of the Comprehensive Plan. Throughout this title, “PUD” shall mean the same
as “planned unit development”.
Subd. 2: Benefit to the Public Intended. PUD’s are intended to encourage the efficient
use of land and resources, to promote greater efficiency in public utility services and encourage
innovation in the planning and building of all types of development. Planned unit developments
shall demonstrate at least one of the following benefit to the public. The applicant bears the
burden of proving one or more public benefits exist:
a) Innovations in residential development that:
1. Proactively and tangibly address the demand for housing for all economic
levels;
2. Provide greater variety in tenure, type, design and sitting of dwellings.
b) The reestablishment, preservation and/or enhancement of desirable site
characteristics such as natural topographic and geologic features.
c) A variety of housing types/densities together with preservation of open
space/natural features within one development.
d) The creation of active and/or passive recreational opportunities and/or facilities
that would not have been provided if no regulations were modified.
Subd. 3: Types of Planned Unit Developments – Where Permitted.
a) Two types of planned unit developments are hereby established subject to the use
regulations of the zone in which the PUD is proposed to be located and provided
to the standard of subsection B (immediately following) are achieved:
1. Single-family PUD’s, comprised of detached dwelling units on individual
lots, necessary streets rights-of-way to serve such dwelling units and any
common open space, recreational facilities or other areas or facilities.
52.09-1
ORDINANCE 52 – ZONING ORDINANCE
2. Non-single-family PUD’s, comprised of (a) attached dwelling units,
detached dwelling units not on individual lots, retail, commercial,
recreational, office, service or industrial buildings, or any combination
thereof, the necessary streets and other public and/or private rights-of-way
to serve such uses, and any appurtenant common open space, recreational
facilities or other areas or facilities.
3. A PUD may comprise both of the above types, subject to compliance with
the use regulations of the zone in which the PUD is proposed to be
located.
b) Planned unit developments may be located in any zone subject to use regulations;
provided, that:
1. Uses permitted in the PUD shall be governed by the use regulations of the
underlying zoning classification or other generally applicable city
regulations governing permitted uses, including special district
regulations; and,
2. A Planned Unit Development for any parcel or track of land shall have a
minimum net site area for each zoning district as set forth below excluding
areas not suitable to development:
A. Residential Districts – Twenty (20) acres minimum
B. B-1 Central Business District - Mixed use of a Permitted Use and a
multiple residential dwelling units will be allowed, but only if
100% of the street level square footage at least 50% of the interior
square footage (exclusive of the basement or cellar) is used full
time for a Permitted Use, and said permitted and residential uses
are not conflicting. The maximum building height shall not exceed
the standard contained in the applicable underlying zoning
classification. The area consisting of multiple residential dwelling
units must meet the standards of Section 52.29, Subd. 5 and 6; and
said The minimum lot are shall be 12,000 square feet. The lot
width at the building setback line shall be at least 180 lineal feet
and a minimum of 80 lineal feet of the lot shall abut a public street.
Rresidential uses occupy only the upper and/or rear portions of
structures. Off-street parking requirements shall be separately
determined for the commercial and residential uses in accordance
with Section 52.10.
C. B-2 Highway 75 Business District and B-3 General Business
District – five (5) acres minimum.
D. LI – Light Industrial District – twenty (20) acres minimum
52.09-2
ORDINANCE 52 – ZONING ORDINANCE
3. The design of a PUD shall take into account the relationship of the site to
the surrounding areas. The perimeter of the PUD shall be so designed as to
minimize undesirable impact of the PUD on adjacent properties and,
conversely, to minimize undesirable impact of adjacent land use and
development characteristics on the PUD.
4. Common open space shall be either held in common ownership by all
owners in the PUD or dedicated for public use with approval of the City
Council. Whenever possible, common open space shall be linked to the
open space areas of adjoining developments. Common open space shall be
of such size, shape, character, and locations as to be useable for its
proposed purpose.
5. In agricultural areas or on land that does not have building development,
PUD’s will not be allowed if there has been removal of trees or grading of
soil within ten (10) years prior to the application for the PUD.
Subd. 4: General Requirements/Permitted Modifications.
a) In General. In considering a proposed planned unit development project, the
approval thereof may involve modifications in the regulations, requirements and
the standards of the zone in which the project is located, and in the subdivision
ordinance. In modifying such regulations, requirements and standards as they may
apply to a planned unit development project the standard identified within this
subsection and the limitations set forth in this subsections B and C (immediately
following) shall apply. In order to be granted any such modifications, the
applicant shall demonstrate that the proposed development complies with the
purpose of this section. The applicant shall bear the burden of supporting any
change in requirements. The city may increase any requirement necessary to make
the project conform to the purposes of this section.
1. Allowed Uses. Uses within the PUD may include only the uses generally
considered associated with the general land use category shown for the
area on the official Comprehensive Plan Land Use Plan. Specific allowed
uses and performance standards for each PUD shall be delineated in the
rezoning ordinance (if required), the development plan and the
development agreement. The PUD development plan and agreement shall
identify all the proposed land uses and those uses shall become permitted
uses with the acceptance of the development plan and agreement. Any
change in the list of uses presented in the development plan and agreement
will be considered a major amendment to the PUD and will follow the
procedure described herein relative to major PUD amendments.
2. Front Yard Setbacks. The requirements for minimum front yard setbacks
for the zone in which the planned unit development is located shall apply
to all exterior boundary lines of the site.
52.09-3
ORDINANCE 52 – ZONING ORDINANCE
3. Distance Between Buildings. The planning commission shall set minimum
distances between structures to assure adequate sunlight and open space;
provided, that minimum distances required by building and fire codes
shall be met.
4. Buildings shall be designed to prevent the appearance of straight,
unbroken lines in their horizontal and vertical surfaces. No residential
building shall have a single exterior wall longer than forty (40) feet
without an offset in the exterior wall. Offsets between walls shall be at
least thirty-two (32) inches and shall not exceed ten (10) feet.
5. Building height and corresponding setback requirements shall be governed
by the requirements of the underlying zone district classification as set
forth therewith.
6. All permitted, permitted accessory and/or conditional uses contained in the
underlying zoning district shall be treated as permitted, permitted
accessory and conditional uses in PUD overlay district. Uses not listed as
permitted or conditional in a specific district shall not be allowed in a
PUD unless it is found that the use is complimentary to the functionality
of the development and the other uses found therein
7. An increase in density may be permitted to encourage the preservation of
natural topography and geological features. The minimum lot size
requirements of other sections of this ordinance do not apply to a PUD
except that the minimum lot size requirements of the underlying zone shall
determine the maximum dwelling unit density of a total development. The
maximum dwelling unit density shall be determined by the area remaining
after appropriate space for street right of way, other public dedications,
such as but not limited to storm water detention ponds, trails and
parklands have been determined and subtracted from the total PUD area.
Excluded from the calculation of developable property shall be areas
which would normally not be developable, such as waterways or water
bodies, shorelands, flood plains, and the like in addition to areas required
for streets, parks, pedestrian facilities, storm water controls and placement
of public utilities. Wetlands can be utilized to determine the area of
developable land. The maximum density for multiple dwellings under the
PUD shall be one one bedroom unit for each 2,500 square feet of lot area,
one two bedroom unit for each 3,000 square feet of lot area, and one three
bedroom unit for each 3,500 square feet of lot area and for each additional
bedroom (over 3) per unit, an additional 500 square feet of lot area. If the
property involved in the PUD includes land in more than one zoning
district, the number of dwelling units or the square footage of commercial,
residential or industrial uses in the PUD shall be proportional to the
amount that would be allowed separately on the parcels located in each of
the underlying zoning districts.
52.09-4
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