HomeMy WebLinkAbout2005 [10] Oct 03 {Book 35}
CITY OF ST. JOSEPH
www.cityofstjoseph.com
Administrdtor
Judy Weyrens
St. Joseph City Council
October 3, 2005
6:30 PM
Closed Meeting
1. Call to Order
MdYor
Richdrd Cdrlbom 2. Pending Litigation
Councilors 3. Adjourn
AI Rdssier
Ross Rieke
Renee Symdnietz
Ddle Wick
St. Joseph Planning Commission / City Council
October 3, 2005
7:00 PM
1. Call to Order
2. Request for rezoning
3. Ordinance Amendments
4. Adjourn
2.)" College Avenue North. PO Box 66s . Sdint. Joseph. Minnesotd )"6'174
Phone )2.0.,6,.]2.01 FdX ,2.0 ,6,.0)42.
I Attachment: Yes or No
REQUEST FOR PLANNING COMMISSION ACTION
Ordinance Amendments
DATE: September 12, 2005
AGENDA ITEM
Ordinance Amendments
PREVIOUS ACTION
RECOMMENDED PLANNING COMMISSION ACTION
COMMENTS/RECOMMENDATIONS
Following this Request are two sample Ordinances, one is for a Commercial Recreation District and the
second is for PUD Overlay. The City does not currently have an Ordinance that allows for Stadium Use,
therefore the Commercial Recreation District was created. It was important to staff that the Ordinance
not be specific to the River Bats, but could apply to other areas as well. The Staff has reviewed this draft
and are forwarding it to the PC and Council for review and comment.
The second Ordinance for PUD Overlay also relates to the River Bats, again it is not specific and can be
applied elsewhere. We have actually discussed adding a PUD Overlay provision in the past.
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Sample CR Commercial Recreation District Language
MDG,lnc.
52.XX
CR - COMMERCIAL RECREATION DISTRICT
Subd. 1: Intent. The intent of the Commercial Recreation District is to regulate intensive commercial recreation
and entertainment uses that serve a regional clientele in order to mitigate the impact of such uses upon
surrounding, less intensive land uses. The CR district is designed to accommodate recreational activities and retail
sales, rental, services and food sales that are compatible with regional recreational facilities and/or intended to
cater to users of such facilities.
Subd. 2: Permitted Uses. Any/all improvements/activities related to land, utilities and/or subdivision within the CR
District require PUD approval as set forth by this Title. The PUD/Development Agreement authorized/executed in
conjunction with the proposed use shall specifically define permitted and ancillary/incidental uses defined within the
proposed development.
a) Baseball stadium.
b) Health club.
c) Country club.
d) Tennis Club.
e) Health and/or Athletic Club.
f) Swim Club.
g) Golf Course.
h) Playgrounds.
i) Public Open Spaces.
j) Public utility structures.
k) Other similar uses found by the Council to be compatible with items (a) through (I).
Subd. 3: Accessorv Uses. The following accessory uses are permitted when found to be an integral part of and
incidental/ancillary to a permitted commercial recreational use.
a) Retail sales/services.
b) Food sales/services.
c) RestauranUbar facilities.
d) Special events held within the stadium subject to the terms described herein and within the
PUD/Development Agreement.
e) Administrative, executive and professional offices.
f) Ticket sales.
g) Parking.
h) Signs per this Section and Section 11 of the Zoning Ordinance.
Page 1
Sample CR Commercial Recreation District Language
MDG, Inc.
i) Indoor storage of equipment used in the operation of approved uses provided accessory structure
standards and other applicable standards are maintained.
j) Incidental lighting facilities providing compliance with standards contained within the PUD agreement
and/or the City's Illumination Ordinance is maintained.
k) Fences.
I) Other similar uses found by the Council to be compatible with items (a) through (j).
Subd.4: Lot Reauirements. The following are minimum standards for the CR District.
a) Minimum Lot Size. 20 acres.
b) Minimum Lot Frontage on a Community Collector, Minor or Principal Arterial Roadway as defined by the
Comprehensive Plan: 300 feet.
c) Minimum Lot width: 300 feet.
d) Setbacks:
1. Front: 50 feet.
2. Side: 30 feet.
3. Rear: 30 feet.
e) Required Side/Rear Yard Screening.
1. Where a CR use is adjacent to a property guided toward residential use as illustrated on the
Future Land Use Map contained within the St. Joseph Comprehensive Plan (and/or
Comprehensive Planning documents approved by St. Joseph Township and/or Stearns
County) a landscaped buffer shall be provided. It is the objective of the landscaped buffer to
lessen rather than completely eliminate land use conflicts between such uses. It is not
expected that landscaped buffers will totally screen such uses. It is expected that the
landscaped buffer design elements identified below will provide immediate lessening of land
use conflicts and such buffering will be enhanced over time as landscaping matures.
2. Landscaped buffers may include a combination of elements including setback distances as
separation, tree and shrubs, solid fencing and/or berming. It is encouraged that . existing
topography and vegetation be included in the design of the landscaped buffer as approved by
the City. Retention of existing mature trees is strongly encouraged in meeting the
requirements of this section.
3. The standards provided in the landscaped buffer options identified below may be used in
combination t meet the intent of this section:
a) Rear and side yard landscaped buffers shall have a minimum depth of fifteen feet and
include standards as identified below:
ii. Natural Buffers. Four (4) evergreen variety trees, two flowering variety trees, and ten
(10) shrubs per 100 lineal feet (evergreen shrubs to be spaced at five feet on center
with a minimum mature height of five feet); or, fifteen (15) large deciduous shrubs
per one hundred feet (100') of lineal distance planted in a staggered double row.
iii. Structural Buffers. Solid six foot high wall or fence with two evergreen variety trees,
two flowering variety trees and five large shrubs per one hundred feet of lineal
distance.
Page 2
S9mple CR Commercial Recreation District Language
MDG, Inc.
iv.
Earthen Berm Buffer. Minimum fifteen foot landscaped buffer with berming not to
exceed a 1:3 slope, three large evergreen trees and two flowering variety trees per
one hundred feet of lineal distance and sufficient evergreen shrubs with a minimum
combined height (berm and mature shrub) of five feet to form a continuous screen
within three years of planting and/or sufficient deciduous shrubs with a minimum
combined height of five feet to form a continuous screening within three years of
planting.
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f) Maximum building height: 55 feet, provided required front, side and rear setbacks are increased one-half
(1/2) foot for every one-foot of building height over 40 feet.
g) Maximum impervious surface coverage: 80%.
Subd.6: Sians.
a) Exempt Signs: The following signs shall be exempt from this requirement.
L Signs that are not designed, located and/or intended to be visible from any street, adjoining
property or public way
iL Any sign inside a building not attached to a window or door that is not legible from a
property line.
iiL Informational signs giving information or directions to employees, visitors or delivery
vehicles which contain no advertising providing said signs to not exceed a maximum area
of four (4) square feet per sign.
iv. On private property, such as "stop", "yield", "loading only", "telephone", "parking", and other
similar directives, the face of which meet Department of Transportation standards and
which contain no commercial message of any sort.
v. Memorial signs or tablets, names of buildings and/or date of erection when cut into
masonry or when constructed of bronze, stone, granite, glass or other natural material that
will not ignite.
vi. Signs identified as exempt under Section 52.11 of the City Code.
b) The owner/agent shall submit a master signage plan containing the following information for all signs.
The master signage plan should be submitted with the development plan when possible.
i. A scaled site plan showing location of buildings, parking lots, driveways and landscaped
areas and an accurate indication on the site plan of the proposed location of present and
future signs of any type, whether requiring a permit or not.
ii. Scaled color drawings clearly showing location of sign and building elevation.
iii. Computation of the maximum total sign area, the maximum area for individual signs and
the height of signs.
iv. Specifications for color scheme, lettering or graphic style, lighting, location of each sign on
the building and/or lot, materials and sign proportions.
c) The following signs shall be permitted in the CR District:
Page 3
Sample CR Commercial Recreation District Language
MDG, Inc.
i. One (1) monument sign per lot or two (2) monument signs per PUD not exceeding fifteen
(15) feet in height and one-hundred twenty (120) square feet in area provided the
monument sign: is incorporated into some form of landscaping design scheme; is solid
from grade to the top of the structure, is constructed of brick, stone, masonry or granite and
is placed directly on the ground or on an interior planter base which is incorporated into the
design arrangement. Monument signs may feature landscape lighting providing such
lighting complies with the standards contained within the City Code.
ii. Wall signs are permitted on the walls of principal buildings facing public streets provided:
a. Total sign area (on each building front to which they are attached) does not exceed
fifteen (15) percent of the building frontage on which it is placed or one (1) square foot
for each one and one-half (1 %) lineal front foot or 75 square feet whichever is greater.
b. Signs employ superior-quality, permanent materials. Natural materials such as metal,
wood, brick, stone, glass, etc are highly encouraged.
c. Signs are architecturally compatible with the style, composition, materials, color and
details of the building to which it relates and other structures within the applicable
zoning classification.
Hi. One freestanding sign per lot is permitted provided:
a. Signs do not exceed the area/height standards within the following table which are
based upon the functional classification of the streets on which businesses and/or
PUD's front and the posted speed limit in effect for the roadway on which the business
and/or PUD fronts.
Street Speed Maximum Area Maximum
Classification Height
Principal and
Minor Arterials 30 50 18
Principal and
Minor Arterials 35 100 22
Principal and
Minor Arterials 40 125 24
Principal and
Minor Arterials 45 150 26
Principal and
Minor Arterials 50 175 28
Principal and
Minor Arterials 65 200 32
Collector
Streets 30 25 16
Collector
Streets 35 50 20
Collector
Streets 40 100 24
Collector
Streets 50+ 125 28
Local Streets 30 20 6
Local Streets 35 40 10
Page 4
Sample CR Commercial Recreation District Language
MDG, Inc.
Street Speed Maximum Area Maximum
Classification Height
Local Streets 40 80 14
Local Streets 50+ 100 16
The maximum area for freestanding signs may be increased for sites with
more expansive lineal frontages the maximum freestanding sign area
may be increased by 0.20 square feet for each one-foot lineal front-foot
beyond the. first 150 feet provided the maximum sign area does not
exceed 133% of the maximum freestanding sign area allowed in the
district.
b. Freestanding signs feature natural color palettes in harmony with the building to which
it relates and other structures within the applicable zoning classification.
c. Landscaping which is aesthetically pleasing and complimentary to the quality of uses
within the area is employed as an integral part of the sign.
d) One (1) electronic message sign (signs featuring messages which may be changed at reasonable
intervals by electronic process or remote control and whose movement is the periodic changing of
information against a solid, colorless background) per lot is permitted in the CR District provided
that:
i. Electronic message signs feature a constant light level and glare reduced screens.
ii. Electronic message signs are at least one-hundred fifty (150) feet from a residentiat district
or use.
iii. The electronic message sign shall not exceed allowable sign area or height requirements
for freestanding signs as identified in the table above.
iv. Modes which cause the message to flash are prohibited.
v. The sign may only be used to promote activities, products, or services pertaining to the
subject property; time and temperature; or other public service oriented messages.
vi. Landscaping which is aesthetically pleasing and complimentary to the quality of uses within
the area is employed as an integral part of the sign.
vii. Signs are architecturally compatible in style, composition, material, color and detail to the
building to which it relates and other structures within the applicable zoning classification.
viii. The sign features natural color palettes in harmony with the building to which it relates.
Subd. 7: Buildinq Requirements.
a) A high level of design and architectural detail are preferred for structures in the CR District.
Complimentary architectural quality, fayade materials and colors are desired in comparison to
adjacent facilities.
b) Buildings shall be designed to prevent the appearance of straight, unbroken lines in their horizontal
and vertical surface of more than forty feet in width.
Page 5
Sample CR Commercial Recreation District Language
MDG, Inc.
c) At least fifty percent of the net area of all facades of new construction and/or reconstructed facades
facing public rights-of-way (excluding windows and doors) shall be comprised of brick, stone,
stucco, decorative concrete block or architectural tilt up panels.
d) Loading docks facing public rights of way shall be screened to minimize view from and glare onto the
public right of way.
Subd.8: Development Plan Reauired. No building permit shall be issued until the Planning Commission reviews
the development plan to determine that the use and development is compatible with adjacent land uses, and
consistent with the stated intent of this zone. Upon the request of the Planning Commission the City Council will
make the final determination on site plan approval. The developer shall provide the following items to the Planning
Commission for any development located in the CR Commercial Recreation District:
a) Building location on the lot, drawn to scale.
b) Building elevations; front, rear and side.
c) Building exterior materials and color.
d) Locations of ingress and egress points.
e) Dumpster and solid waste pick-up areas and proposed screening material.
f) Sign location and dimensions.
g) Lighting standard and hood detail.
h) Parking and loading areas identified.
i) Drainage by the use of arrows and/or contours.
j) Screening of heating, ventilation and air-conditioning equipment.
k) Landscaping material including the location, type of plant and size.
I) Fire hydrant and fire lane locations.
m) Utility locations.
n) Any other fencing, screening, or building accessories to be located in the development area.
0) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES)
permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP).
p) If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and
regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for
compliance with appropriate standards shall lie with the applicant.
q) Required Fee/Agreement.
1. Payment Required. Any person filing a petition requesting development plan review shall pay a
fee according to the schedule established by the City Council.
2. Amount. Fees payable under this section for development plan review shall be in an amount as
established by resolution of the City Council. Preparation and review of all elements of the
Page 6
Sample CR Commercial Recreation District Language
MDG, Inc.
required development plan, as listed and described above, is to be at the sole expense of the
developer and at no expense to the public. The fee is payable at the time of filing a petition and
is not refundable. In addition to the above fees and in the event the City incurs professional
fees, either legal, engineering or professional planners, or any other cost, including but not
limited to, postage and publication expenses, the applicants shall reimburse the City for those
fees, and the City officials may require an escrow deposit, cashier's check or letter of credit for
these fees prior to the final action on the application for development plan review. Such escrow
or letter of credit shall be in the form approved by the City Attorney.
3. Development Agreement. In the event additional review by the City or its assigns is anticipated
and/or needed during implementation of Development Plan, or other similar circumstance, the
City shall require the property owner(s) and/or developer(s) enter into a development
agreement with the City. The development agreement shall stipulate the conditions for
approval and the City's authority to inspect the development. The agreement shall further
require the owner or developer, as the case may require, furnish a cashier's check, escrow
account or irrevocable letter of credit in favor of the City in an amount equal to 110% of all
costs associated with City's review of the development, including but not limited to,
engineering, legal, fiscal and administrative, as estimated by the City. Such escrow or letter of
credit shall be in the form approved by the City Attorney, shall be conditioned upon the
approval of the development plan.
Subd. 9: Additional Reouirements. Uses may be subject to additional requirements contained in this Ordinance
including, but not limited to the sections governing parking, floodplains, signs, etc.
Subd. 10: A Lock Box shall be installed on all buildings before a Certificate of Occupancy will be issued.
Page 7
SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
Section _' Planned Unit Development Overlay District.
Subd. 1. Purpose and Intent.
The purpose of this chapter 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
ar)d 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 benefit to the public, including but not limited to
the following. 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 siting of dwellings;
3. Provide for the creation of affordable housing units through an efficient use of land resulting
in smaller networks of utilities and streets, thereby lowering housing costs and public
investments, except that tangible plans to maintain dwelling unit affordability are required.
The City may waive the requirement for tangible plans to maintain dwelling unit affordability
provided one or more additional public benefits are found to exist.
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.
E. A more desirable environment than would be possible through the strict application of zoning and
subdivision regulations of the City.
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 the standard of subsection B
(immediately following) are achieved:
1. Single-family PUDs, 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 PUDs, 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
1
SAMPLE PUD DISTRICT STANDARDS
MDG,lnc.
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 - Ten (10) acres minimum
b. Neighborhood Business District - Two (2) acre minimum
c. General Commercial District and MedicallProfessional- Five (5) acres minimum
d. Industrial District - five (5) acres minimum
e. Mixed Use PUD - five (5) acres minimum
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.
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 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 Band 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 chapter. 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 chapter.
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 P UD and will
follow the procedure described herein relative to major PUD amendments.
2
SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
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.
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. 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 not exceed ten (10) feet
5. Building Height. Building height and corresponding setback requirements shall be governed
by the requirements of the underlying zone district classification as setforth 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, excluded from the calculation shall be areas which would normally
not be developable such as waterways or waterbodies, shorelands, flood plains, steep
slopes, hydric soils and the like in addition to areas required for streets, parks, pedestrian
facilities, storm water controls and placement of public utilities.
8. Off-street parking and loading space shall be provided in each PUD in the same ratios for
types of buildings and uses as required in the underlying zoning district. However, the City
may reduce the number of parking spaces required provided PUD applicants submit
information demonstrating a reduced need for parking facilities (e.g. senior housing complex,
PUD's featuring joint parking facilities, parking study, proximity to and availability of bus
service coupled with transit-friendly design, etc.).
9. The major internal streets serving each planned unit development shall be functionally
. connected to at least one minor arterial or collector street as defined by the comprehensive
plan.
10. The streets connecting with any planned unit development must be of sufficient size and
character to accommodate the traffic to be produced by the project. The streets connecting
with any PUD shall not significantly alter the character of existing residential neighborhoods.
Evaluation of the proposal pursuant to this section shall include consideration of the following
criteria:
a. The increase in traffic which will be generated by the development;
b. The present width and condition of streets to be affected;
c. Presence or absence of improved sidewalks;
d. Potential impacts upon the value of surrounding properties;
e. Anticipated effect upon availability of parking;
f. Existence of a particular conflict between vehicular and pedestrian traffic;
3
SAMPLE PUD DISTRICT STANDARDS
MDG. Inc.
g. The street type designated in the comprehensive plan.
11. The City may reduce paved right-of-way width requirements outlined in the subdivision
ordinance for streets contained within the PUD providing:
a. A demonstrated benefit to the public exists that would not exist if not for the reduction of
street width; and,
b. Providing the City Engineer and City's Emergency Service providers (Fire, Ambulance
and Police) review the PUD determine adequacy of proposed street widths. The City
may require total right-of-way widths (including non-paved) to adhere to standards
contained within the subdivision ordinance.dfadf
B. In Single-family PUDs. Single-family PUDs shall be subject to the following limitations in
modification of regulations in addition to those limitations set forth in subsection A (above, entitled
"permitted modifications of regulations, in general):
1. The minimum lot size as required in underlying zoning classifaction may be reduced by up to
15 percent; provided, that an area(s), not including a critical area or storm water conveyance
or storage facility, equal to the combined reduction in lot area is set aside for the following:
a. Common useable open space comprising landscaping and facilities such as but not
limited to play areas, trails, picnic tables and benches;
b. Areas containing significant trees as defined by the city;
c. Other noncritical areas, the preservation or creation of which promote one or more goals
and/or policies of the comprehensive plan;
d. The applicant shall demonstrate that the area proposed to be set aside creates a public
benefit which would not exist if the minimum lot size were not modified;
e. The number of lots in a single-family PUD shall not exceed the number of lots which
could be obtained if no regulations were modified;
2. The minimum lot width as required within the underlying zoning classification may be reduced
up to 10 percent;
3. Within self-contained (Le. private) developments, the minimum front yard setback as required
by the underlying zoning classification for individual lots may be reduced up to 50 percent,
except that the front yard setback from all exterior boundary lines shall conform to the
underlying zoning classification requirements;
4. Required side and rear yard setbacks shall not be reduced.
C. Non-single-family PUDs. Non-single-family PUDs shall be subject to the following limitations in
modification of regulations in addition to those limitations set forth within the underlying zoning
classification.
1 . When a PUD containing dwelling units is proposed on property having more than one
underlying residential zone the total number of dwelling units allowed may be determined
by totaling the number of dwelling units allowed to be located on each portion of the PUD
area located in a separate zone according to the regulations of that zone.
2. The City, at its descretion, may allow the number of units arrived at under subsection C.1
(immediately above) be located anywhere within the planned unit development subject to
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SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
the PUD approval process set forth in this chapter and provided the City make a finding
of fact that a public benefit resulting from such action is present.
Subd. 5. Subdivision Requirements.
The approval of a subdivision shall be required of all projects which involve or contemplate the
subdivision of land and the procedures set forth in the subdivision ordinance shall be followed
concurrently herewith. The approved final development plan shall be a binding site plan. A lease of land
not involving a residential structure shall be exempt from the subdivision ordinance if the lease conforms
to the final development plan.
Subd. 6. Pre-Application/Informational Meeting and Concept Plan Required.
A. Informational Meeting. Prior to filing an application for preliminary PUD plan approval, the
applicant of the proposed PUD shall arrange for and attend an informational meeting with City
staff. At such conference, the applicant shall be prepared to generally describe their proposal for
a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity
to gather information and obtain guidance as to the general suitability of the conformity to the
provisions of this code before incurring substantial expense in the preparation of detailed plans,
surveys, and other data.
B. Following a pre-applicationlinformational meeting but prior to submitting an ppplication for
- preliminary plan approval, the applicant for a proposed PUD shall submit to the City a general
concept plan.
1. Purpose. The general concept plan provides an opportunity for the applicant to submit a plan
to the City showing their basic intent and the general nature of the entire development without
incurring substantial cost. This concept plan serves as the basis for the informational meeting
so that the proposal may be considered at an early stage. The following elements of the
proposed general concept plan represent the immediate significant elements which the City
shall review and for which a decision shall be rendered:
a. Overall maximum PUD density range.
b. General location of major streets and pedestrian walkways.
c. General location and extent of public and/or common open space.
d. General location of residential and non-residential land uses with approximate intensities
of development.
e. Staging and timetableof development.
f. Other special criteria for development.
Subd.7. Preliminary and Final Plan Approval Required.
A. Each PUD shall require preliminary and final approval.
B. If land subdivision is requested in conjunction with the PUD plan, both preliminary and final PUD
approvals shall be processed in concurrently with the platting procedures set forth in the City's
Subdivision Ordinance. Required data, parkland/fee in-lieu of parkland -dedication, design
standards and required improvements shall be the same as per a conventional subdivision and
as set forth within the City's Subdivision Ordinance. In addition to the data requirements itemized
within the Subdivision Ordinance the application shall also include information necessary to
process the PUD preliminary and final plan(s) as contained within this chapter. The zoning
administrator may waive requirements determined to be redundant.
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SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
C. The preliminary development plan and the final development plan may be combined and together
processed through review as a final development plan. In addition the applicant may file a
concurrent rezone application in accordance with the procedures set forth in the zoning
ordinance.
Subd. 8. Phased Development.
Development of the project may be phased, in which case each complete phase may be processed
separately through both preliminary development plan review and final development plan review. A map
showing all property owned or controlled by the developer which is contiguous to the development site or
which is within the area determined by the City to be relevant for comprehensive planning and
environmental assessment purposes, together with a conceptual plan of said properties' eventual
development through all potential phases shall be submitted with the application for the first phase. The
developer is not responsible for providing a conceptual plan for contiguous or nearby property which is
not owned or controlled by the developer. The conceptual plan shall conform to the purposes of this
chapter and shall be used by the city to review all phases of the development. All phases of the
development shall conform to the conceptual plan, all conditions of approval, and applicable regulations.
Subd. 9.
Preliminary PUDs - Contents of Complete Application.
A. The applicant shall file with the City a preliminary development plan (ten large scale copies and
one 11 X 17 reproducible copy), which includes the following:
1. A legal description of the property proposed to be developed;
2. A map of the subject property and surrounding area determined by the City to be relevant for
comprehensive planning, environmental assessment or zoning review purposes, which shall
depict comprehensive plan designations, zoning classifications and existing land uses and
utility mains/urban facilities including parks and streets;
3. A proposed site plan for the subject property depicting the following:
a. Topography at two-foot contours for slopes 15 percent or less and five-foot contours for
slopes over 15 percent;
b. Individual trees over eight inches in trunk diameter measured four feet above the base of
the trunk in areas to be developed or otherwise disturbed;
c. Designated placement, location, and principal dimensions of lots, buildings, streets,
parking areas, recreation areas and other open space, landscaping areas and utilities;
d. If the developer owns or otherwise controls property adjacent to the proposed
development, a conceptual plan for such property demonstrating that it can be developed
in a compatible manner with the proposed development;
4. A conceptual landscape plan showing existing and proposed landscaping including
groundcover, shrubery and tree species;
5. Drawing and/or text showing scale, bulk and architectural character of proposed structures;
6. For single-family PUDs, a conceptual drawing depicting the number and location of lots which
would be allowed if no regulations were modified;
7. Special features including but not limited to critical areas and sites or structures of historic
significance;
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SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
8. Text describing conditions or features which cannot be adequately displayed on maps or
drawings;
9. A narrative stating how the proposed development complies with the goals and policies of the
Comprehensive Plan;
10. A narrative itemizing all proposed land uses (permitted, conditional, interim, accessory),
conditions related thereto (proposed and as required within the underlying zoning
classification) and the extent of proposed uses (Le. number of units; density allowed via
underlying zoning classifications and density proposed for the PUD;
11. A narrative stating how the proposed plan impacts adjacent property owners;
12. A narrative describing the public benefit of the proposed PUD;
13. A narrative describing proposed operation/maintenance of the development including open
areas, stormwater features and recreational facilities resulting from the subdivision;
14. If applicable, draft conditions, covenants and. restrictions and other documents relating to
operation and maintenance of the development, including all of its open areas and
recreational facilities;
15. Information normally required within the underlying zoning classification relating to site plan
review.
16. Other information required by the City.
B. The applicant may submit to the community development director proposed development
standards which, if approved by the City, shall become a part of the preliminary plan in lieu of the
requirement of subsection (A)(2) of this section for specifying placement, location and principal
dimensions of buildings, streets, and parking areas. This alternative process is intended to
accommodate the need for flexibility in large scale non-single-family developments, while insuring
that sufficient information as to the nature of the development is available upon which to base a
decision concerning the preliminary development plan. Proposed development standards shall
specifically set forth parameters for location, dimensions and design of buildings, streets and
parking areas.
Subd. 10. Preliminary PUDs - Criteria for Approval.
A. Preliminary PUD approval shall be granted by the city only if the applicant demonstrates that
1. The proposed project shall not be detrimental to present and potential surrounding land use.
2. Land surrounding the proposed development can be planned in coordination with the
proposed development and can be developed so as to be mutually compatible.
3. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated
traffic within the proposed project and in the vicinity of the proposed project, in light of the
criteria set forth in the Subdivision Ordinance and the comprehensive plan.
4. Services including potable water, sanitary sewer and storm drainage are available or can be
provided by the development prior to occupancy.
5. Each phase of the proposed development, as it is planned to be completed, contains the
required parking spaces, recreation spaces, landscape and utility areas necessary for
creating and sustaining a desirable and stable environment.
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SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
6. The project conforms with the purposes and standards prescribed in this chapter.
7. The project conforms to the Comprehensive Plan.
B. Conformance with the design standards and required improvements as set forth within the
Subdivision Ordinance.
Subd. 11. Preliminary PUDs - Minor and Major Changes to an Approved Preliminary PUD.
A. A proposed minor change to an approved PUD require a public hearing and shall be incorporated
into the application for final PUD approval, and any notification regarding such final PUD approval
shall describe the proposed minor change(s). A "minor change" means any departure from the
conditions of preliminary approval which is not a "major change" and includes but is not limited to
the following:
1. Revisions to number of dwelling units in a structure;
2. Revisions to number of nonresidential structures;
3. Revisions to heights of structures;
4. Revisions to location of internal roads;
5. Revisions similar in nature to those above as determined by the city.
B. A proposed major change to an approved preliminary PUD shall require reapplication for
preliminary PUD approval and any notification regarding such preliminary PUD approval shall
describe the proposed major change or changes. A major change is any departure from the
conditions of preliminary PUD approval which would result in any of the following:
1 . Revisions to the approved design concept;
2. Revisions to the approved use(s);
3. An increase in the number of residential dwelling units;
4. An increase in square footage of nonresidential structures;
5. A decrease in the amount of landscaping, site perimeter buffering, and open space; and
6. An increase in traffic volumes or change in circulation patterns which impacts surrounding
development.
Subd. 12. Final PUDs - Contents of Complete Application.
A. Within 12 months following the approval of the preliminary PUD, the applicant shall file with the a
final PUD conforming to the approved preliminary PUD. The final PUD shall include the following:
1. A survey of the property, showing for all areas to be developed or disturbed existing features,
including topography at two-foot contours for slopes 15 percent or less and five-foot contours
for slopes over 15 percent, buildings, structures, trees over eight inches in trunk diameter
measured four feet above the base of the trunk, streets, utility easements, rights-of-way, and
existing land uses;
2. Elevation and perspective drawings of project structures and improvements;
3. Proposed final conditions, covenants and restrictions (CC&Rs) and other documents relating
to operation and maintenance of the development, including all of its open areas and
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SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
recreational facilities, which CC&Rs and other documents shall be recorded upon final PUD
approval;
4. Proposed final agreements which may have been required as conditions of preliminary PUD
approval;
5. A development schedule;
6. The following plans and diagrams:
a. An off-street parking plan;
b. A circulation diagram indicating the proposed movement of vehicles and pedestrians
within the planned unit development, and to and from existing and programmed
thoroughfares; any special engineering features and traffic regulating devices needed to
facilitate or insure the safety of this circulation pattern must be shown;
c. Landscaping and tree planting plan, including site grading;
d. A topographic map or model of the site and surrounding vicinity;
B. In the event that development standards were submitted and approved as part of the preliminary
development plan, development standards shall be made binding upon all future developers of
the property in a manner acceptable to the city and may be submitted in lieu of elevation and
perspective drawings of project improvements.
Subd.13. Final PUDs - Criteria for Approval.
Final PUD approval shall be granted by the city only if the applicant demonstrates that the final PUD
substantially conforms to the approved preliminary PUD. For the purposes of this section, "substantially
conforms" means that, as compared to the preliminary PUD, the final PUD contains no revisions in
density, uses, design or development standards or in the site plan, other than the minor changes
pursuant to Subd. 11 of this chapter.
Subd. 14. Final PUDs - Extension of Time for Filing.
For good cause shown, the city, at its discretion, may grant an extension of time of one year for filing the
final PUD and required accompanying papers, and may grant additional one-year extensions; provided,
however, the city shall have the right to re-examine and update any conditions made to mitigate
development impact.
Subd.15. Final PUDs - Failure to File - Termination.
A. In the event the final PUD or any required attendant papers are not filed within 12 months
following approval of a preliminary PUD, except as provided elsewhere in this Chapter or as
noted in subsection B (immediately following this subsection), the approval of the preliminary
PUD shall lapse and the approval shall be deemed null and void and without force or effect.
"
B. When it is determined as part of the preliminary PUD approval that the final PUD is to be phased,
the final PUD for the first phase shall be submitted within 12 months of preliminary approval. The
final development plan for each subsequent phase shall be submitted within the schedule
established at the time of preliminary PUD approval. In the case of a PUD which includes a
subdivision, the final PUD shall be submitted within five years of receiving preliminary approval.
C. The time period for filing of final PUDs shall not include periods of time during which progress on
the final PUD was reasonably halted or delayed due to the filing and pendency of legal actions
challenging an approval granted by the city pursuant to this chapter; provided, that in all cases
when more than two years have elapsed subsequent to the date of approval of a preliminary PUD
the permittee shall be required to comply with all current building, construction, subdivision and
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SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
other applicable standards of the city prior to being granted approval of the final PUD; provided,
that a change in zoning district classification enacted subsequent to approval of the final
development plan shall not affect the project.
Subd.16. Final PUDs - Adjustments to Approved Final PUD.
A. The zoning administrator is authorized to allow adjustments in accordance with subsection B
(which immediately follows this section) of this chapter. The zoning administrator shall allow only
such adjustments as are consistent with guidelines established in subsection B of this section,
and in no case shall an adjustment be allowed if it will increase the total amount of floor space
authorized in the approved final PUD, or the number of dwelling units or density, or decrease the
amount of parking or loading facilities or permit buildings to locate substantially closer to any
boundary line or change substantially any point of ingress or egress to the site.
B. For the purposes of this section, Uadjustments" means any departure from the conditions of final
PUD approval which complies with the following criteria:
1 . The adjustment maintains the design intent and quality of the original approval;
2. The amount of landscaping, buffering and open space shall not be reduced;
3. The number of dwelling units in residential developments and the square footage of
structures shall not increase;
4. The adjustment shall not relocate a building, street or other use more than 20 feet in any
direction and shall not reduce any required yard and/or setback;
5. The height of buildings and other structures shall not increase;
6. Views from both structures on-site and off-site shall not be substantially reduced;
7. Traffic volumes shall not increase and circulation patterns shall not change;
8. Changes in colors, plant material and parking lot configurations are minor;
9. The adjustment does not add significant new environmental impacts or significantly increase
environmental impacts disclosed in the original documents;
10. The zoning administrator determines that the change will not increase any adverse impacts
or undesirable effects of the project, or that the change in no way significantly alters the
project.
C. If proposed amendments to an approved PUD can not be classified as an 'adjustment' the PUD
shall be amended using the "Major Amendment" process described in Subd. 11 herein.
Subd.17. Bond Required for Final PUD.
No final PUD shall be implemented until the applicant files with the city a bond approved by the city,
executed by a surety company authorized to do business in the state, or other equivalent security
approved by the city attorney, in an amount equal to 110% of the estimated of the cost of all public
improvements, utilities and landscaping, conditioned upon the permittee's completion of such portions of
the project according to the submitted final PUD and the provisions of this chapter, and, in addition,
providing that no change, extension of time, alteration or addition to the project will in any way affect the
obligation on the bond. Said bond, or an additional bond or other equivalent security, shall also be
conditioned upon full restoration of the site in the event that grading, clearing or any other site preparation
or work is begun and abandoned, and in the determination of the city, it will better serve the public health,
welfare and safety to restore the site rather than to require completion of public improvements, utilities
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SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
and landscaping. If the PUD is also being subdivided, the bonds required to be posted by the subdivision
of property as per the Subdivision Ordinance, to the extent that they satisfy the requirements of this
section, shall be accepted as full or partial fulfillment of the requirements hereof.
Subd. 18. Operating and Maintenance Requirements for PUD Common Open Space and
Service Facilities.
A. Whenever common open space or service facilities are provided within the PUD, the PUD plan
shall contain provisions to assure the continued operation and maintenance of such open space
and service facilities to a predetermined reasonable standard.
B. Common open space and service facilities within a PUD shall be placed under the ownership of
one or more of the following:
1. Landlord control where only use by tenants is anticipated.
2. Property owners association, provided all of the following conditions are met:
a. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual
building unit, parcel, tract, townhouse, apartment, or common area, a declaration of
covenants, conditions and restrictions or an equivalent document as specified in
Minnesota Statutes shall be filed with the Zoning Administrator prior to the filings of the
declaration of documents or floor plans with the County Recorder's Office.
b. The declaration of covenants, conditions and restrictions or equivalent document shall
specify that deeds, leases or documents of conveyance affecting buildings, units, parcels,
tracts, townhouses or apartments shall subject the properties to the terms of the
declaration.
c. The declaration of covenants, conditions and restrictions shall provide that an owner's
association or corporation may be formed and if such an association or corporation is
formed property owners must be members of the association or corporation which shall
maintain all properties and common areas in good repair and which shall assess
individual property owners proportionate shares of joint or common costs. This
declaration shall be subject to the review and approval of the City Attorney. The intent of
this requirement is to protect the property values of the individual owner through
establishing effective private control.
d. The declaration shall additionally provide that in the event the association or corporation
fails to maintain properties in accordance with the applicable rules and regulations of the
City, or fails to pay taxes or assessments on properties as they become due, and in the
event the City incurs any expenses not immediately reimbursed by the association or
corporation, then the City shall have the right to assess each property its pro rata share
of the expenses. Such assessments, together with interest thereon and costs of
collection, shall be a lien on each property against which such assessment is made.
e. Membership in the association must be mandatory for each owner and any successive
buyer and the association must be responsible for liability insurance, taxes, and the
maintenance of the open space facilities to be deeded to it.
f. The open space restrictions must be permanent and not for a given period of years.
g. Property owners must pay their pro rata share of the cost of the association by means of
an assessment to be levied by the association which meets the requirements for
becoming a lien on the property in accordance with state law and the association must be
able to adjust the assessment to meet changing needs.
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SAMPLE PUD DISTRICT STANDARDS
MDG, Inc.
h. The by-laws and rules of the association and all covenants and restrictions to be
recorded must be approved by the City Council prior to the approval of the final PUD
plan.
C. Staging of common open space. The construction and provision of all of the common open
space and public improvements and recreational facilities that are shown on the final
development plan for a PUD must proceed at the same rate as the construction of dwelling units
or other private facilities.
Subd. 19. Building Permits - Certificates of Occupancy.
The city shall issue building permits for buildings and structures which conform with the approved final
PUD and with all other applicable city ordinances and regulations. The city shall issue a certificate of
occupancy for completed buildings or structures which conform to the requirements of the approved final
PUD and all other applicable city ordinances and regulations. The construction and development of all the
open spaces and public and recreational facilities of each project phase must be completed or bonded
before any certificate of occupancy will be issued.
Subd. 20. Extension of Time for Construction.
For good cause shown, the city, at its discretion, may grant one extension of time for commencement or
continuation of construction subsequent to approval of the final PUD.
Subd. 21. Termination of Planned Unit Development - Failure to Commence or Continue
Construction.
If the construction has not been started within five years from the date of approval of a final PUD with an
associated subdivision, or two years from the date of approval of any other final PUD, or if construction
has been commenced but the work has been abandoned for a period of one year or more, and if no
extension of time has been granted as provided in herein, the authorization granted for the planned unit
development project shall terminate and all permits and approvals issued pursuant to such authorization
shall expire and be null and void.
The time period of commencing or continuing construction shall not include periods of time during which
commencement of construction or continuation of construction was reasonably halted or reasonably
delayed due to the filing of a pendency of legal action challenging an approval granted by the city
pursuant to this chapter; however, in all cases, when more than five years have elapsed subsequent to
the date of approval of a final PUD with associated subdivision, or more than two years have elapsed
subsequent to the date of approval of any other final PUD the permittee shall be required to comply with
all current building, construction, subdivision and other applicable standards of the city; provided, that a
change in zoning district classification enacted subsequent to approval of the final development plan shall
not affect the project.
Subd. 22. Sale of Lots.
Lots in a platted planned unit development may be sold to separate owners according to the separate lots
as shown in the plat filed and approved in connection therewith. No sale shall be permitted which
subdivides a iot in such a manner as to create a new lot line except as provided in Section _ (lot split)
the subdivision ordinance.
Subd. 23. Lots Subject to Final PUD.
All lots or other divisions of a subdivided planned unit development shall remain subject to compliance
with the final development plan regardless of the fact of subdivision in compliance with the subdvision
ordinance or lot(s)/division(s) of a subdivided PUD were subsequently conveyed.
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