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Home My WebLink About[08b] Ordinance Amendment, PUD (8b) Council Agenda Item MEETING DATE: November 10, 2014 AGENDA ITEM: Ordinance Amendment, PUD SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted a public hearing to consider an amendment to Ordinance 52.09 Subd. 3, modifying the percentage of the main floor occupancy that must be devoted to business when developing a PUD with mixed uses. The Planning Commission recommended approval of an amendment identifying that 100% of the main floor must be devoted to commercial uses when developing a project with a residential component. PREVIOUS COUNCIL ACTION: EXTRACT OF PC MINUTES – SEPTEMBER 23, 2014: 52.09 PUD Provisions: Chair Killam opened the public hearing to accept testimony on the proposed amendment to Ordinance 52.09. The amendment requires 100% of the street frontage of a building in the B1 Central Business District be utilized for a permitted use, rather than the current 50%. In addition, the amendment identifies minimum lot requirements. Weyrens stated the change to the PUD ordinance allows for multi-level buildings in the downtown area that also provide for residential units. As no one present wished to speak, Killam closed the public hearing. Dullinger stated that the portion of the existing Ordinance that reads “Residential uses occupy only the upper and/or rear portions of structures” should be corrected to remove the portion that is upper and/or rear portions of the structure. The new provision requires 100% of street level to be used for permitted use. Hausmann made a motion to recommend the City Council accept the Amendment to Ordinance 52.09 PUD. The motion was seconded by Schaefer and passed unanimously. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action Proposed Resolution 2014-033, Ordinance Amendment Proposed Resolution 2014-034, Summary Publication Extract of Minutes REQUESTED COUNCIL ACTION: The Amendment to the Ordinance requires two separate actions, the first authorizing execution of Resolution 2014-33 THIS PAGE INTENTIONALLY LEFT BLANK Resolution 2014-033 Amending Ordinance 52.09 PUD Ordinance The City Council for the City of St. Joseph HEREBY ORDAINS That Ordinance 52.09 of the St. Joseph Code of Ordinances is hereby amended to include a provision in 52.09 Subd 3(b),2(b) allowing for the construction of mixed use facilities to include residential, retail, and restaurant only if 100% of the street level square footage is used full time for a permitted use, and said permitted and residential uses are not conflicting. 52.09 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. 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 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 minimum lot 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. 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 This Ordinance was approved by the majority of the City Council on this 10th day of November , 2014 and shall become effective upon publication. Rick Schultz, Mayor Judy Weyrens, Administrator This amendment was published in the St. Joseph Newsleader on , 2014. RESOLUTION 2014-34 RESOLUTION AUTHORIZING SUMMARY PUBLICATION Ordinance 52.09 (PUD Ordinance) RECITALS: WHEREAS, on, November 10, 2014 the City Council for the City of St. Joseph amended Ordinance 52.09, entitled “PUD ORDINANCE”; and WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication; and WHEREAS, the intent of the proposed amendment is allow for the construction of mixed use facilities to include residential, retail, and restaurant, but only if 100% of the street level square footage is used full time for a Permitted Use, and said permitted and residential uses are not conflicting. THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council has reviewed the proposed Summary Publication and finds that the summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance. 2. The City of St. Joseph directs the City Administrator to publish the Ordinance by Summary Publication. Adopted this __10th_ day of _November__, 2014, by a vote of in favor and opposed. CITY OF ST. JOSEPH By ______________________________ Rick Schultz, Mayor By ______________________________ Judy Weyrens, Administrator This page intentionally left blank