HomeMy WebLinkAboutPlanned Unit Development (PUD) Topic: Planned Unit Development (PUD)
Date Introduced: January 13, 2010
Why on the list: This issue has been brought up by the Planning Commission
during review of development proposals, as an alternative way
to review projects. Most cities in the Metro area use PUD's.
Attached are ordinance examples from other city's that utilize
a PUD.
History: Over the past several years the Planning Commission has
discussed alternative ways to allow flexibility in certain
development standards in exchange for greater standards and
control over development. The current tools or review
mechanisms are variances and rezoning, and placing
conditions on the rezoning or variance. A concern is that once
the city has approved a rezoning, a property owner has a right
to develop under the rules of that new zoning classification.
Certain conditions placed on rezoning may be difficult to
enforce if plans change. Under a PUD, the specific use
proposed becomes the zoning of the property, and conditions
are easier to enforce.
Decision Points: 1. Should the City of Edina adopt a PUD Ordinance?
2. If so, should additional conditions/standards be required?
3. What conditions/standards should be required?
4. Is a PUD the appropriate section of the Zoning Ordinance
for requiring sustainable design principles?
5. Should there be a minimum lot area for a PUD?
6. When would a PUD be justified?
7. Would a PUD allow Edina greater development control?
Options: 1. Recommend proceeding with the preparation of a PUD
Ordinance; ask staff to begin drafting appropriate language.
2. Do not adopt a PUD Ordinance, and continue to regulate
development proposals with conventional zoning.
ZOUC Minutes
January 13, 2010
Page 5 of 8
• Look at what other cities are doing with sustainable design.
• Does the City want to create ordinances ahead of changes to the building
code?
• The City Council needs to take a policy stand on sustainable design.
Chair Fischer noted as was previously mentioned that there are a number of
issues to consider with sustainable design, adding the public works site may be a
good place to start. Continuing, Chair Fischer said what he believes the
Committee needs to do at this time is to continue the discussion and have staff
'find out' what other cities are doing with regard to sustainable design, what
terms to mandate and how it's measured. Concluding, Chair Fischer said he
knows someone (Rick Carter)who has worked with Minneapolis, St. Paul, St.
Louis Park, and many other communities on this issue. Rick would be willing to
meet with the Committee and answer any questions the Committee may have.
Action
Chair Fischer will invite a colleague to speak to the Committee on
sustainable design. We will invite the EEC to participate in that discussion.
Staff would solicit other cities to find out how they address sustainable
design.
C. Planned Unit Development (PUD)
Date Introduced: January 13, 2010
Planner Teague addressed the Committee and informed them Edina is one of
the few communities without a PUD. Continuing, Planner Teague reminded the
Committee this topic has been brought up a number of times by the Planning
Commission during review of development proposals.
Planner Teague said the following needs to be considered in the decision making
process:
1. Should the City adopt a PUD Ordinance?
2. If so, should additional conditions/standards be required?
3. What conditions/standards should be required?
4. Is a PUD the appropriate section of the Zoning Ordinance to require
sustainable design principles?
5. Should there be a minimum lot area for a PUD?
6. When would a PUD be justified?
7. Would a PUD allow Edina greater development control?
ZOUC Minutes
January 13, 2010
Page 6018
Concluding Planner Teague stated he sees the following options:
1. Recommend proceeding with the preparation of a PUD Ordinance; and
2. Do not adopt a PUD Ordinance and continuo to regulate development
proposals with conventional zoning.
Committee Discussion
Member Grabiel raised the question - if there is value in the City's Zoning
Ordinance why or how can the City justify saying that none of that applies. He
pointed out the Zoning Ordinance has guided the development of the City; it's
never had a PUD. Member Grabiel added that in his opinion there may be areas
where a PUD may have or may be a good thing; reiterating the City developed
without it.
Member Staunton said the focus of writing a PLJD should he on what is eligible
for a PUD, adding the Committee needs to establish criteria or a threshold
whereby a PUD would be considered as a viable development option.
Member Schroeder said in his opinion developers would also review the zoning
ordinance to establish what would be the "best route" for them to take.
Chair Fischer acknowledged if the City decides to implement a PUD process; the
process is not necessarily "easy" for the developer. Member Schroeder agreed,
adding there are areas where a PUD is the best response; however, even if the
ordinance is clearly written there may be ways to "get around it".
Member Carpenter said he sees general value in a PUD, but also sees simplicity
in zoning.
A discussion ensued with Committee Members raising the following:
• Would properties zoned R-1 be prohibited from a PUD, or would a PUD be
appropriate for all zoning districts?
• Where is public input determining if a PUD is the right way to go?
• What is the benefit for the developer?
• What is the benefit to the community?
Community Comment
John Bohan said in his opinion a PUD is spot zoning. Mr. Bohan stated he
believed the Gateway project wasn't a bad exercise, adding he didn't see
anything wrong with that process. Continuing, Mr. Bohan pointed out at this time
because of the downward turn in the economy (with regard to the Gateway
development) it would be very difficult to determine if the PUD process would
ZOUC Minutes
January 13, 2010
Page 7 of 8
have been the better way to go. Mr. Bohan said if the Committee decides on a
PUD process writing the parameters would be very important. Concluding, Mr.
Bohan asked when the Committee was going to "tackle" building height. Planner
Teague indicated that the Planning Commission would consider the issue at a
regular Planning Commission meeting, likely to be held in February.
Further discussion
Chair Fischer commented with regard to the Gateway proposal (and other large
projects in the City) that in a sense the City has had a PUD process; it just wasn't
called that. At this time what is important is for the City to achieve the best
development available; and that could be with a PUD designation.
Member Schroeder stated he views the following four elements as key:
1. Intent or goals. Purpose of the PUD designations, and in particular what
the City aims to achieve by granting a PUD;
2. Applicability/criteria. Limitations based on parcel size, land use
designation, or other vactors defined by the ordinance;
3. Process/procedures. Methods of review that vary from the development
review process for development under other zoning classifications; and
4. Rules/standards. Description of flexibility provided for projects under a
PUD.
Member Forrest commented that it appears to her that residents take comfort in
the Zoning Ordinance.
Member Grabiel pointed out that sometime in the future it is very possible that
Southdale will be redeveloped; questioning what would be the best way to
proceed. Continuing, Member Grabiel said the Committee needs to remember in
all things (Sustainable Design, PUD) if there are performance standards there is
enforcement.
Chair Fischer said he views a "thorough" process in creating a PUD classification
and developing sustainable design guidelines requiring multiple discussions.
Chair Fischer said an important focus would be for the Committee to define
intent. Continuing, Chair Fischer stated what needs to be addressed
immediately (in the updating process) is building height. Planner Teague agreed,
reiterating at the February meeting of the Planning Commission he plans to bring
before them language relating to building height.
Action
Continue discussion on PUD.
Topic: Planned Unit Development (PUD) - Intent, Goals
or Purpose
Date Introduced: January 13, 2010
Date of Discussion: February 10, 2010
As discussed at our last meeting, the PUD topic will be separated into four
separate elements: 1) Purpose and Intent (goals) 2) Applicability/Criteria; 3)
Process/Procedures; and 4) Rules/Standards.
The first element for discussion is the Purpose and Intent. For discussion
purposes, below is an example of potential language that could be used as the
purpose and intent of a PUD Ordinance. This language is a compilation of
language from other cities PUD ordinances that were handed out at last month's
meeting. The language has been altered to fit to Edina.
1. Purpose and Intent. The purpose of the PUD District is to provide
comprehensive procedures and standards intended to allow more
creativity and flexibility in site plan design than would be possible under a
conventional zoning district. The decision to zone property to PUD is a
public policy decision for the city council to make in its legislative capacity.
The City Council must find that a PUD will benefit the city and its
residents. The intent of a PUD is to:
a. Provide for the establishment of PUD (planned unit development)
zoning districts in appropriate settings and situations to create or
maintain a development pattern that complies with the city's
comprehensive plan.
b. Promote a more creative and efficient approach to land use within
the city, while at the same time protecting and promoting the health,
safety, comfort, aesthetics, economic viability, and general welfare
of the city.
C. Provide for variations to the strict application of the land use
regulations in order to improve site design and operation, while at
the same time incorporate design elements that exceed the city's
standards to offset the effect of any variations. Desired design
elements include: sustainable design, greater utilization of new
technologies in building design, special construction materials,
landscaping, lighting, etc.
d. Ensure high quality of design and design compatible with
surrounding land uses, including both existing and planned.
e. Maintain or improve the efficiency of public streets and utilities.
f. Preserve and enhance site characteristics including natural
features, trees, open space, scenic views, and screening.
g. Allow for mixing on land uses within a development.
h. Provide affordable housing.
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Topic: Planned Unit Development (PUD) -- Intent, Goals
or Purpose
Date Introduced: January 13, 2010
Date of Discussion: February 24, 2010
The PUD topic has been separated into four separate elements: 1) Purpose and
Intent (goals) 2) Applicability/Criteria; 3) Process/Procedures; and 4)
Rules/Standards.
The next element for discussion is the Applicability/Criteria. For discussion
purposes, below is a revised Purpose and Intent section as discussed at the last
meeting, and potential language that could be used as Applicability/Criteria.
Please note the inclusion of a minimum lot area for a PUD, with certain
exceptions. This provision is intended for discussion purposes. The Planning
Commission may not wish to have any minimum lot size.
Purpose and Intent(goals)
1. Purpose and Intent. The purpose of the PUD District is to provide
comprehensive procedures and standards intended to allow more
creativity and flexibility in site plan design than would be possible under a
conventional zoning district. The decision to zone property to PUD is a
public policy decision for the city council to make in its legislative capacity.
The purpose and intent of a PUD is to include most or all of the following:
a. Provide for the establishment of PUD (planned unit development)
zoning districts in appropriate settings and situations to create or
maintain a development pattern that is consistent with the city's
comprehensive plan.
b. Promote a more creative and efficient approach to land use within
the city, while at the same time protecting and promoting the health,
safety, comfort, aesthetics, economic viability, and general welfare
of the city.
c. Provide for variations to the strict application of the land use
regulations in order to improve site design and operation, while at
the same time incorporate design elements that exceed the city's
standards to offset the effect of any variations. Desired design
elements may include: sustainable design, greater utilization of new
technologies in building design, special construction materials,
landscaping, lighting, stormwater management, and pedestrian
design
d. Ensure high quality of design and design compatible with
surrounding land uses, including both existing and planned.
e. Maintain or improve the efficiency of public streets and utilities.
f. Preserve and enhance site characteristics including natural
features, wetland protection, trees, open space, scenic views, and
screening.
g. Allow for mixing of land uses within a development.
h. Encourage a variety of housing types including affordable housing.
Applicability/Criteria
2. Uses. All permitted uses, permitted accessory uses, conditional uses, and
uses allowed by administrative permit contained in the various zoning
districts defined in Section 850 of this title shall be treated as potentially
allowable uses within a PUD district, provided they would be allowable on
the site under the comprehensive plan.
3. Development Standards. Within the PUD district all development shall be
in compliance with the following:
a. Each PUD must have a minimum area of two? acres, unless the
applicant can demonstrate the existence of one of the following:
i. 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;
ii. the property is directly adjacent to or across a right-of-way
from property which has been developed previously as a
PUD or planned unit residential development and will be
perceived as and will function as an extension of that
previously approved development;
iii. the property is located in a transitional area between
different land use categories or on an intermediate or
principal arterial as defined in the comprehensive plan; or
iv. the property contains steep slopes, wetlands, public waters
or a substantial number of trees that could be preserved
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through the clustering of buildings or other design
techniques not generally allowed by the existing zoning
district.
b. Where the site of a proposed PUD is designated for more than one
land use in the comprehensive plan, city may require that the PUD
include all the land uses so designated or such combination of the
designated uses as the city council shall deem appropriate to
achieve the purposes of this ordinance and the comprehensive
plan.
c. The city may utilize incentives to encourage the construction of
projects which are consistent with the city's housing goals.
Incentives may include modification of density and floor area ratio
requirements for developments providing affordable housing.
Incentives may be approved by the city only after the developer and
city have entered into an agreement to ensure that the low or
moderate cost units remain available to persons of low or moderate
income for a specific period of time.
d. Any PUD which involves a single land use type or housing type
shall be permitted provided that it is otherwise consistent with the
objectives of this ordinance and the comprehensive plan.
e. Permitted densities shall be specifically stated in the appropriate
planned development designation and shall be in general
conformance with the comprehensive plan.
f. The setback regulation, building coverage and floor area ratio of the
most closely related conventional zoning district shall be
considered presumptively appropriate, but may be departed from to
accomplish the purpose and intent described in #1 above.
g. A PUD shall consist of a harmonious arrangement and selection
land uses in groupings of buildings that are planned and designed
as an integrated unit. The integrated design shall include elements
such as building orientation and materials, utilities, parking areas,
traffic and pedestrian circulation and open spaces.
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Topic: Planned Unit Development (PUD) - Intent, Goals
or Purpose
Date Introduced: January 13, 2010
Date of Discussion: March 10, 2010
The PUD topic has been separated into four separate elements: 1) Purpose and
Intent (goals) 2) Applicability/Criteria; 3) Process/Procedures; and 4)
Rules/Standards.
The next element for discussion is the Process/Procedures. Below is a revised
version of what has been discussed up to this point and potential language that
could be used as Process/Procedures. Included in the provisions is a draft of
what the Sketch Plan and Site Plan process might look like, as the PUD process
would follow portions of that process.
Also, as a follow up to last month's meeting, attached are maps showing the
city's existing arterial roadways. As shown, most of the cities commercial,
industrial and high density residential areas are located on these roadways.
Therefore, would be eligible for a PUD if the property were less than two acres.
However, areas that would not be included would be the Cahill Industrial area,
and Valley View and Wooddale area. Within the industrial area, properties along
Cahill Road could be considered a transition area between land uses, and
therefore would qualify. The two acre minimum in other areas would encourage
the consolidation of lots in order to qualify for a PUD.
Purpose and Intent(goats)
1. Purpose and Intent. The purpose of the PUD District is to provide
comprehensive procedures and standards intended to allow more
creativity and flexibility in site plan design than would be possible under a
conventional zoning district. The decision to zone property to PUD is a
public policy decision for the city council to make in its legislative capacity.
The purpose and intent of a PUD is to include most or all of the following:
a. Provide for the establishment of PUD (planned unit development)
zoning districts in appropriate settings and situations to create or
maintain a development pattern that is consistent with the city's
comprehensive plan.
b. Promote a more creative and efficient approach to land use within
the city, while at the same time protecting and promoting the health,
safety, comfort, aesthetics, economic viability, and general welfare
of the city.
c. Provide for variations to the strict application of the land use
regulations in order to improve site design and operation, while at
the same time incorporate design elements that exceed the city's
standards to offset the effect of any variations. Desired design
elements may include: sustainable design, greater utilization of new
technologies in building design, special construction materials,
landscaping, lighting, stormwater management, and pedestrian
oriented design.
d. Ensure high quality of design and design compatible with
surrounding land uses, including both existing and planned.
e. Maintain or improve the efficiency of public streets and utilities.
f. Preserve and enhance site characteristics including natural
features, wetland protection, trees, open space, scenic views, and
screening.
g. Allow for mixing of land uses within a development.
h. Encourage a variety of housing types including affordable housing.
Ensure the establishment of appropriate transitions between
differing land uses.
Applicability/Criteria
1. Uses. All permitted uses, permitted accessory uses, conditional uses, and
uses allowed by administrative permit contained in the various zoning
districts defined in Section 850 of this title shall be treated as potentially
allowable uses within a PUD district, provided they would be allowable on
the site under the comprehensive plan. Property currently zoned R-1,
Single-Dwelling Unit District shall not be eligible for a PUD
2. Eligibility Standards. To be eligible for a PUD district, all development
should be in compliance with the following:
a. Each PUD must have a minimum area of two? acres, unless the
applicant can demonstrate the existence of one of the following:
unusual physical features of the property itself or of the
surrounding neighborhood such that development as a PUD
2
will conserve a physical or topographic feature of importance
to the neighborhood or community;
ii. the property is directly adjacent to or across a right-of-way
from property which has been developed previously as a
PUD or planned unit residential development and will be
perceived as and will function as an extension of that
previously approved development;
iii. the property is located in a transitional area between
different land use categories or an an arterial roadway as
defined in the comprehensive plan (See attached areas.); or
iv. the property contains steep slopes, wetlands, public waters
or a substantial number of trees that could be preserved
through the clustering of buildings or other design
techniques not generally allowed by the existing zoning
district.
b. Where the site of a proposed PUD is designated for more than one
land use in the comprehensive plan, city may require that the PUD
include all the land uses so designated or such combination of the
designated uses as the city council shall deem appropriate to
achieve the purposes of this ordinance and the comprehensive
plan.
c. The city may utilize incentives to encourage the construction of
projects which are consistent with the city's housing goals.
Incentives may include modification of density and floor area ratio
requirements for developments providing affordable housing.
Incentives may be approved by the city only after the developer and
city have entered into an agreement to ensure that the low or
moderate cost units remain available to persons of low or moderate
income for a specific period of time.
d. Any PUD which involves a single land use type or housing type
may be permitted provided that it is otherwise consistent with the
objectives of this ordinance and the comprehensive plan.
e. Permitted densities may be specifically stated in the appropriate
planned development designation and shall be in general
conformance with the comprehensive plan.
f. The setback regulation, building coverage and floor area ratio of the
most closely related conventional zoning district shall be
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considered presumptively appropriate, but may be departed from to
accomplish the purpose and intent described in #1 above.
Procedures
1, Pre-Application Conference: Prior to filing of an application for PUD, the
applicant is encouraged to arrange for and attend a conference with city
staff. The primary purpose of the conference shall be to provide the
applicant with an opportunity to gather information and obtain guidance as
to the general suitability of his proposal for the area for which it is
proposed and its conformity to the provisions of this title before incurring
substantial expense in the preparation of plans, surveys and other data.
2. Pre-Application Sketch Review: Prior to filing of a PUD, the applicant may
submit a sketch of the project to the City Planner. The plan shall be
conceptual but shall be processed according to the information
requirements, standards and procedures for sketch plans established by
Section 850.04 of this Chapter. (See below.) The submittal shall include a
statement providing justification for the PUD, including but not limited to
the intended utilization of the items listed in the Purpose and Intent, and
Criteria above.
3. Preliminary Development Plan. Preliminary Development Plan
submissions may depict and outline the proposed implementation of the
sketch plan for the PUD. The Preliminary Development Plan submissions
shall include, but not be limited to, the submission requirements stipulated
in Section 850.04. Subd. 2. (Site Plan Review.)
4. Final Development Plan. After approval of the Preliminary Development
Plan, the applicant may apply for a Final Development Plan approval for
all or a portion of the PUD.
5. Plan Modification/Amendment of a PUD.
a. Minor Plan Modification.
b. Major Plan Modification.
The following is a working draft of potential language to be used for the site plan
review process:
850.04 Subd. 2 Site Plan Review.
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A. Purpose. The purpose of this Section is to establish a formal site plan review
procedure and provide regulations pertaining to the enforcement of site
design standards consistent with the requirements of the zoning ordinance.
B. Approval Required. Without first obtaining site plan approval it shall be
unlawful to do any of the following:
1. Construct a building.
2. Move a building to any lot within the city.
3. Expand or change the use of a building or parcel of land or modify a
building, accessory structure or site or land feature in any manner which
results in a different intensity of use, including the requirement for
additional parking.
4. Grade or take other actions to prepare a site for development, except in
conformance with a permit or an approved plan.
5. Remove earth, soils, gravel or other natural material from or place the
same on a site, except in conformance with a permit or an approved plan.
C. Exceptions. Except in those cases specifically cited within this Title, the
following shall be excepted from the foregoing requirements of this Chapter:
1. Construction or alteration of a single family or two-family residential
building or accessory building.
2. Enlargement of a building by less than 10 percent of its gross floor area,
provided that there is no variance involved and also provided that the
Planner has conducted an administrative review pursuant to section 850
of this ordinance.
3. Changes in the leasable space of a multi-tenant building where the
change does not intensify the use, require additional parking, or result in
an inability to maintain required performance standards as specified in
section 850 of this ordinance.
D. Sketch Plan:
1. Prior to the formulation of a site plan, applicants may present a sketch
plan to the Planner prior to filing of a formal application. The plan shall be
conceptual but shall be drawn to scale with topography of a contour
interval not greater than two feet (2') and may include the following:
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a. The proposed site with reference to existing development,
topography, and drainage conditions on adjacent properties, at
least to within two hundred feet (200').
b, Natural features.
c. General location of existing and proposed structures including
signs.
d. Tentative access, circulation and street arrangements, both public
and private.
e. Amenities to be provided such as recreational areas, open space,
walkways, landscaping, etc.
f. General location of parking areas.
g. Proposed public sanitary sewer, water and storm drainage.
h. A statement showing the proposed density of the project with the
method of calculating said density also shown.
j. Other items as may be deemed necessary by City staff.
2. The City Planner shall refer the sketch plan to the Planning Commission
and City Council for discussion, review, and informal comment. Any
opinions or comments provided to the applicant by the Planner, Planning
Commission, and/or City Council shall be considered advisory only and
shall not constitute a binding decision on the request.
E. Procedure. Pursuant to Minnesota Statutes 15.99, an application for site plan
approval shall be approved or denied within sixty (60) days from the date of
its official and complete submission unless extended by the City pursuant to
statute or a time waiver is granted by the applicant. Additional City
requirements are as follows:
1. Filing Of Request: Request for site plan approval, as provided within this
Title, shall be filed with the Planner on an official application form. Such
application shall be accompanied by a fee as established by City Council
resolution. Such application shall also be accompanied by detailed written
and graphic materials, the number and size as prescribed by the Planner,
fully explaining the proposed change, development, or use. The request
shall be considered as being officially submitted and complete when the
applicant has complied with all specified information requirements. In
cases where an application is judged to be incomplete, the Planner shall
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notify the applicant, in writing, within ten (10) days of the date of
submission.
2. Proof Of Ownership Or Authorization: The applicant shall supply proof of
title and the legal description of the property for which the site plan
approval is requested, consisting of an abstract of title and as applicable
supply documented authorization from the owner(s) of the property in
question to proceed with the requested site plan application.
3. Technical Reports: The Planner shall instruct the appropriate staff persons
to prepare technical reports where appropriate, and provide general
assistance in conducting an evaluation of the request.
4. Additional Information: City staff shall have the authority to request
additional information from the applicant concerning operational factors or
to retain expert assistance with the consent and at the expense of the
applicant concerning operational factors. Said information is to be
declared necessary to evaluate the request and/or to establish
performance conditions in relation to all pertinent sections of this Title.
Failure on the part of the applicant to supply all necessary supportive
information may be grounds for denial of the request.
5. Meeting with the Planner And/Or Staff: The applicant or a representative
thereof shall meet with the Planner and/or City staff in order to present
information and answer questions concerning the proposed requests.
F. Standards. In evaluating a site plan, the planning commission and city council
shall consider its compliance with the following:
1. consistency with the elements and objectives of the city's development
guides, including the comprehensive plan and water resources
management plan;
2. consistency with this ordinance;
3. creation of a harmonious relationship of buildings and open spaces with
natural site features and with existing and future buildings having a visual
relationship to the development;
4. promotion of energy conservation through design, location, orientation and
elevation of structures, the use and location of glass in structures and the
use of landscape materials and site grading; and
5. protection of adjacent and neighboring properties through reasonable
provision for surface water drainage, sound and sight buffers, preservation
of views, light and air and those aspects of design not adequately covered
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by other regulations which may have substantial effects on neighboring
land uses.
G. Information Required. The information required for all site plan applications
generally consists of the following items, and shall be submitted unless
waived by the Planner.
1. Site boundaries, buildings, structures and other improvements shall be
identified on-site with a current certificate of survey, prepared and signed
by a Minnesota licensed land surveyor, depicting the following:
a. Scale of plan (engineering scale only, at one inch equals fifty feet (1" =
50') or less.
b. North point indication.
c. Existing boundaries with lot dimension and area.
d. Existing site improvements.
e. All encroachments.
f. Easements of record.
g. Legal description of the property.
h. Ponds, lakes, springs, rivers or other waterways bordering on or
running through the subject property.
2. A site plan utilizing a copy of the current certificate of survey as a base for
the site in question, depicting the following:
a. Name and address of developer/owner.
b. Name and address of architect/designer.
c. Date of plan preparation.
d. Dates and description of all revisions.
e. Name of project or development.
1. All proposed improvements, including:
i. Required and proposed setbacks.
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ii. Location, setback and dimensions of all proposed buildings and
structures.
iii. Location of all adjacent buildings located within one hundred feet
(100') of the exterior boundaries of the property in question.
iv, Location, number, dimensions, and setbacks of proposed parking
spaces and drive aisles.
v, Location, number, and dimensions of proposed loading spaces.
vi. Location, width, and setbacks of all curb cuts and driveways.
vii, Vehicular circulation.
viii. Sidewalks, walkways, trails.
ix. Location and type of all proposed lighting, including details of all
proposed fixtures.
x. Location of recreation and service areas.
xi. Location of rooftop equipment and proposed screening.
xii. Provisions for storage and disposal of waste, garbage, and
recyclables, including details for screening exterior trash/recycling
enclosures.
xiii. Location, sizing, and type of water and sewer system mains and
proposed service connections.
3. Grading/stormwater drainage plan, utilizing a copy of the current certificate
of survey as a base for the site in question, prepared and signed by a
Minnesota licensed engineer, depicting the following:
a. Existing contours at two foot (2') intervals (may be prepared by a
Minnesota licensed surveyor).
b. Proposed grade elevations at two foot (2') maximum intervals.
c. Drainage plan, including the configuration of drainage areas and
calculations.
d. Storm sewer, catch basins, invert elevations, type of castings, and type
of materials.
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e. Spot elevations (may be prepared by a Minnesota licensed surveyor).
f. Proposed driveway grades.
g. Surface water ponding and treatment areas.
h. Erosion control measures.
4. Landscaping plan, utilizing a copy of the current certificate of survey as a
base for the site in question, depicting the following:
a. Planting schedule (table) containing:
i. Symbols.
ii. Quantities.
iii. Common names.
iv. Botanical names.
v. Sizes of plant material.
vi. Root specification (bare root, balled and burlapped, potted, etc.).
vii. Special planting instructions.
b. Location, type and size of all existing significant trees to be removed or
preserved.
c. Planting detail (show all species to scale at normal mature crown
diameter or spread for local hardiness zone).
d. Typical sections with details of fences, tie walls, planter boxes, tot lots,
picnic areas, berms and the like.
e. Typical sections with details of landscape islands, planter beds, and
foundation plantings with identification of materials used.
f. Note indicating how disturbed soil areas will be restored through the
use of sodding, seeding, or other techniques.
g. Delineation of both sodded and seeded areas with respective areas in
square feet.
h. Coverage plan for underground irrigation system, if any.
IO
I, Where landscape or manmade materials are used to provide screening
from adjacent and neighboring properties, a cross-through section
shall be provided showing the perspective of the site from the
neighboring property at the property line elevation.
j. Other existing or proposed conditions which could be expected to
affect landscaping.
5. Other plans and information as required by the Planner including, but not
limited to:
a. Architectural elevations of all principal and accessory buildings (type,
color, and materials used in all external surfaces).
b. "Typical"floor plan and "typical" room plan drawn to scale with a
summary of square footage for each use or activity.
c. Fire protection plan.
d. Extent of and any proposed modifications to land within the
Environmental Protection Districts, as established by Chapter 45 of this
Title.
e. Type, location and size (area and height) of all signs to be erected
upon the property in question.
f. Vicinity map showing the subject property in reference to nearby
highways or major street intersections.
g. Sound source control plan.
h. Lighting plan.
H. Changes to Approved Site Plan. Minor changes in the location and placement
of buildings or other improvements due to unforeseen circumstances may be
authorized by the Planner. Proposed changes to the approved Site Plan
affecting structural types, building coverage, mass, intensity or height,
allocation of open space and all other changes which affect the overall design
of the property shall be acted on, reviewed and processed by the Commission
and Council in the same manner as they reviewed and processed the Site
Plan, except that a three-fifths favorable vote of the Council shall be required
to authorize the proposed change.
I. Lapse of Approved Site Plan by Non-User; Extension of Time.
I
1. If a building permit has not been obtained, and if erection or alteration of a
building, as described in the application for Site Plan, has not begun within
two years after Site Plan approval, the approval shall be null and void
unless a petition for extension of time in which to commence the proposed
work or improvements has been granted.
2. A petition for extension shall be made in writing and tiled with the City
Clerk within such two year period. The petition shall state reasons
showing why a building permit has not been obtained, or why erection or
alterations have not commenced, and shall state the additional time
requested to begin the proposed work or improvement. The petition shall
be presented to the Council for hearing and decision in the same manner
as then required for an original application. The Council may grant an
extension of up to one year upon finding that:
a. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
b. the facts which were the basis for approving the Site Plan have not
materially changed. No more than one extension shall be granted.
12
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N
MINUTES OF THE EDINA
ZONING ORDINANCE UPDATE COMMITTEE
MARCH 10, 2010, 7:30 PM
EDINA CITY HALL COUNCIL CHAMBERS
Planning Commissioners in Attendance:
Mike Fischer, Michael Schroeder, Kevin Staunton, Arlene Forrest, Jeff
Carpenter, Floyd Grabiel and Steve Brown
Staff in Attendance:
Cary Teague, Kris Aaker and Jackie Hoogenakker
Residents in Attendance:
Josh Sprague
I. APPROVAL OF WORK SESSION MINUTES:
The minutes of the February 10, Zoning Ordinance Update Committee was
approved with changes from Chair Fischer.
II. OLD TOPICS —CONTINUING DISCUSSION:
Topic: Planned Unit Development (PUD) — Intent, Goals or Purpose
Date Introduced: January 13, 2010
Date of Discussion: March 10, 2010
Introduction:
Planner Teague told the Committee what will be discussed this evening is the
third element of the Planned Unit Development (PUD) which is
Process/Procedures.
Planner Teague asked Committee Members to note the maps provided indicating
the City's existing arterial roadways. Planner Teague pointed out most of the
City's commercial, industrial and high density residential areas are located on
these roadways and would be eligible for a PUD if the property were less than
two acres, according to the current draft language. Planner Teague noted that
areas that are not included would be the Cahill industrial area, and the Valley
View Road and Wooddale area. Planner Teague said the Industrial properties
along Cahill road could be considered a transition area between land uses and
would also qualify. The two acre minimum in other areas would encourage the
consolidation of lots in order to qualify for a PUD.
Zoning Ordinance Update Committee Work Session Minutes
March 10, 2010
Page 2 of 5
Continuing, Planner Teague discussed the role of sketch plan review in the PUD
process what role would sketch plan review play. Would the Committee want to
require a sketch plan review for only properties that would require a
PUD/rezoning? How would the Committee like to see the sketch plan review
evolve?
Discussion:
Committee Members raised the following with regard to sketch plan review:
• Should a sketch plan review meeting be an option for properties that are
not "slated" for a PUD or rezoning?
• Should a sketch plan review be required for PUD's and rezoning only?
And if so, what would the process be? Time-line is the clock ticking...,etc.
• Site Plan Review-- This would replace Ordinance language that is
currently present in the Rezoning section of the Ordinance. Would sketch
plan review be folded into the site plan review language for rezoning and
PUD and/or in a separate area?
• Have legal staff review all "additions/changes" made to the Ordinance to
ensure that any and all changes make sense to staff, developers, advisory
boards and commissions and the public.
• The Committee agreed that all applicants should be required to meet with
City staff before submitting a sketch plan review and prior to formal
application. The Committee did acknowledge that staff has indicated that
applicants do meet formally with staff before submitting an application;
however, a formal meeting with staff should be required as part of the
sketch plan review process.
• Should the City require neighborhood notification for sketch plan review,
and if so, how is that handled? What's the distance (1000 feet) or by
neighborhood? It was acknowledged that it is very difficult to define
neighborhood.
• Ensure that the "clock" isn't ticking at the sketch plan review stage. Sixty
days would almost be an impossible timeline to achieve. Committee
Members reiterated the City Attorney would need to weigh in on this.
A discussion ensued with Committee Members questioning the "sketch plan
review" requirement and/or option pointing out it could just become another step
in the process; especially if formal notification is required. It was observed that a
goal was to clarify the development review process. Committee Members noted
that much would depend on what the Committee deems was the purpose of the
sketch plan review. Member Carpenter asked if staff assessed how much this
additional step would cost if the Committee decided upon mailed notice, etc,
Planner Teague responded that hasn't been specifically assessed, but there
would be an added expense.
Zoning Ordinance Update Committee Work Session Minutes
March 10, 2010
Page 3 of 5
Planner Teague wondered if a sketch plan review meeting is required; would it
take the place of the neighborhood meeting? Members acknowledged that was a
fair question and a possibility. Chair Fischer said as he understands a "sketch
plan review meeting" that only non-binding "comments" from staff, commission
and residents would be taken - there would be no vote. Member Forrest noted
the sketch plan review meeting would be just that, a meeting; not a public
hearing.
The discussion continued with Committee Members going back and forth on if a
sketch plan review meeting should be mandatory or elective. Members felt that if
a sketch plan review meeting is mandatory it should be mandatory for only a
PUD/Rezoning with notification required. Members said the goal of the Sketch
Plan Review is to achieve a better product and not add confusion to the process.
It was acknowledged a time line of the notice or of the sketch plan review would
need to be established and adhered to.
Action
Committee Members recommended that a Sketch Plan Review meeting be a
requirement of a PUD and/or Rezoning and formal notification should be
given. A Sketch Plan Review meeting would be a voluntary option for all
other applications.
Chair Fischer said he would like to focus on the question raised by Planner
Teague if there should be a minimum lot/parcel size stipulated for a PUD. After
discussion, Committee Members suggested that staff strike the minimum size
requirement.
It was also stressed that the R-1 Single Dwelling Unit District, R-2, and PRD 1
Residential Zoning Districts would not be considered at this time for PUD
designation.
Topic: - Building Height
Date Introduced: February 24, 2010
Date of Discussion: March 10, 2010
Introduction
Planner Teague briefed the Commission reminding them that building height
must be brought into compliance with'the Comprehensive Plan. Continuing
Planner Teague said there are options to achieve compliance. 1. Establish an
overlay district,and 2. Write regulations for each area described in the
Comprehensive Plan.
Topic: Planned Unit Development (PUD)
Date Introduced: January 13, 2010
Date of Discussion: March 24, 2010
The PUD topic has been separated into four separate elements: 1) Purpose and
Intent (goals) 2) Applicability/Criteria; 3) Process/Procedures; and 4)
Rules/Standards.
The next element for discussion is the Rules/Standards. Below is a revised
version of what has been discussed up to this point and potential language that
could be used as the Rules/Standards section. Per last meetings discussion: the
two acre minimum requirement has been removed; a sketch plan is required for a
PUD or rezoning; a public meeting is required and residents within 1,000 feet
would be notified; and the 60/120 day rule language has been added. The City
Attorney has advised that the 60/120 rule does apply to a sketch plan.
Purpose and Intent(goals)
1. Purpose and Intent. The purpose of the PUD District is to provide
comprehensive procedures and standards intended to allow more
creativity and flexibility in site plan design than would be possible under a
conventional zoning district. The decision to zone property to PUD is a
public policy decision for the city council to make in its legislative capacity.
The purpose and intent of a PUD is to include most or all of the following:
a. Provide for the establishment of PUD (planned unit development)
zoning districts in appropriate settings and situations to create or
maintain a development pattern that is consistent with the city's
comprehensive plan.
b. Promote a more creative and efficient approach to land use within
the city, while at the same time protecting and promoting the health,
safety, comfort, aesthetics, economic viability, and general welfare
of the city.
c. Provide for variations to the strict application of the land use
regulations in order to improve site design and operation, while at
the same time incorporate design elements that exceed the city's
standards to offset the effect of any variations. Desired design
elements may include: sustainable design, greater utilization of new
technologies in building design, special construction materials,
landscaping, lighting, stormwater management, and pedestrian
oriented design.
c. Any PUD which involves a single land use type or housing type
may be permitted provided that itis otherwise consistent with the
objectives of this ordinance and the comprehensive plan.
d. Permitted densities may be specifically stated in the appropriate
planned development designation and shall be in general
conformance with the comprehensive plan.
e. The setback regulation, building coverage and floor area ratio of the
most closely related conventional zoning district shall be
considered presumptively appropriate, but may be departed from to
accomplish the purpose and intent described in #1 above.
Procedures
1. Pre-Application Conference: Prior to filing of an application for PUD, the
applicant must arrange for and attend a conference with city staff. The
primary purpose of the conference shall be to provide the applicant with
an opportunity to gather information and obtain guidance as to the general
suitability of his proposal for the area for which it is proposed and its
conformity to the provisions of this title before incurring substantial
expense in the preparation of plans, surveys and other data.
2. Pre-Application Sketch Review: Prior to filing of a PUD, the applicant must
submit a sketch of the project to the City Planner. The plan shall be
conceptual but shall be processed according to the information
requirements, standards and procedures for sketch plans established by
Section 850.04 of this Chapter. (See below.) The submittal shall include a
statement providing justification for the PUD, including but not limited to
the intended utilization of the items listed in the Purpose and Intent, and
Criteria above.
3. Pursuant to Minnesota Statutes 15.99, an application for sketch plan
approval shall be approved or denied within sixty (60) days from the date
of its official and complete submission unless extended by the City
pursuant to statute or a time waiver is granted by the applicant.
4. Commission Sketch Plan Review and Meeting. The Planner will review the
Sketch Plan and the other information provided by the petitioner, and
forward a report/and or background information to the Commission. The
Commission shall conduct a public meeting regarding the Sketch Plan, A
notice of the date, time, place and purpose of the meeting shall be
published in the official newspaper of the City at least ten days prior to the
date of the meeting. A similar notice of meeting shall be mailed at least ten
days before the date of the hearing to each owner of property situated
wholly or partly within 1,000 feet of the tract to which the petition relates
3
provide such financial guarantees as the City requires or deems
necessary. Such agreement may take the form of a development contract
and/or another form of legally binding instrument as may be required by
the City.
4. Expiration. If a building permit has not been obtained, and if erection or
alteration of a building, as described in the application for final
development plan, has not begun within two (2) years after final
development plan approval, the approval shall be null and void unless a
petition for extension of time in which to commence the proposed work or
improvements has been granted. A petition for extension shall be made in
writing and filed with the City Clerk within such two year period. The
petition shall state reasons showing why a building permit has not been
obtained, or why erection or alterations have not commenced, and shall
state the additional time requested to begin the proposed work or
improvement. The petition shall be presented to the Council for hearing
and decision in the same manner as then required for an original
application. The Council may grant an extension of up to one year upon
finding that:
a. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
b. the facts which were the basis for approving the final development
plan have not materially changed. No more than one extension
shall be granted.
5. Planned Unit Development Districts:
The following properties are zoned planned unit development, in
accordance with the identified ordinance or as provided herein:
A. reserved. (Future PUD districts and regulations would be listed
here.)
The following is a working draft of potential language to be used for the site plan
review process:
850.04 Subd. 2 Site Plan Review.
A. Purpose. The purpose of this Section is to establish a formal site plan review
procedure and provide regulations pertaining to the enforcement of site
design standards consistent with the requirements of the zoning ordinance.
5
b. Natural features.
c. A site plan showing general location of existing and proposed
structures.
d. Amenities to be provided such as recreational areas, open space,
walkways, landscaping, etc.
e. Tentative access, circulation and street arrangements, both public
and private.
f. General location of parking areas.
g. Building elevations or sketches of what buildings may look like,
including general building heights.
h. General estimate of building square footage.
A statement showing the proposed density of the project with the
method of calculating said density also shown.
j. Other items as may be deemed necessary by City staff.
2. The City Planner shall refer the sketch plan to the Planning Commission
and City Council for discussion, review, and informal comment. Any
opinions or comments provided to the applicant by the Planner, Planning
Commission, and/or City Council shall be considered advisory only and
shall not constitute a binding decision on the request.
3. Commission Sketch Plan Review and Meeting. Within 45 days after
receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner
will review the Sketch Plan and the other information provided by the
petitioner, and forward a report/and or background information to the
Commission. The Commission shall conduct a public meeting regarding
the Sketch Plan. A notice of the date, time, place and purpose of the
meeting shall be published in the official newspaper of the City at least ten
days prior to the date of the meeting. A similar notice of meeting shall be
mailed at least ten days before the date of the hearing to each owner of
property situated wholly or partly within 1,000 feet of the tract to which the
petition relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the
Assessor or from other appropriate records. No new notice need be given
for hearings, which are continued by the Commission to a specified future
date.
7
4. Additional Information: City staff shall have the authority to request
additional information from the applicant concerning operational factors or
to retain expert assistance with the consent and at the expense of the
applicant concerning operational factors. Said information is to be
declared necessary to evaluate the request and/or to establish
performance conditions in relation to all pertinent sections of this Title.
Failure on the part of the applicant to supply all necessary supportive
information may be grounds for denial of the request.
5. Meeting with the Planner And/Or Staff: The applicant or a representative
thereof shall meet with the Planner and/or City staff in order to present
information and answer questions concerning the proposed requests.
F. Standards. In evaluating a site plan, the planning commission and city council
shall consider its compliance with the following:
1. consistency with the elements and objectives of the city's development
guides, including the comprehensive plan and water resources
management plan;
2. consistency with this ordinance;
3. creation of a harmonious relationship of buildings and open spaces with
natural site features and with existing and future buildings having a visual
relationship to the development;
4. promotion of energy conservation through design, location, orientation and
elevation of structures, the use and location of glass in structures and the
use of landscape materials and site grading; and
5. protection of adjacent and neighboring properties through reasonable
provision for surface water drainage, sound and sight buffers, preservation
of views, light and air and those aspects of design not adequately covered
by other regulations which may have substantial effects on neighboring
land uses.
G. Information Required. The information required for all site plan applications
generally consists of the following items, and shall be submitted unless
waived by the Planner.
1. Site boundaries, buildings, structures and other improvements shall be
identified on-site with a current certificate of survey, prepared and signed
by a Minnesota licensed land surveyor, depicting the following:
a. Scale of plan (engineering scale only, at one inch equals fifty feet (1" =
50') or less.
9
vii. Vehicular circulation.
viii. Sidewalks, walkways, trails.
ix. Location and type of all proposed lighting, including details of all
proposed fixtures,
x. Location of recreation and service areas.
xi, Location of rooftop equipment and proposed screening.
xii, Provisions for storage and disposal of waste, garbage, and
recyclables, including details for screening exterior trash/recycling
enclosures.
xiii. Location, sizing, and type of water and sewer system mains and
proposed service connections.
3. Grading/stormwater drainage plan, utilizing a copy of the current certificate
of survey as a base for the site in question, prepared and signed by a
Minnesota licensed engineer, depicting the following:
a. Existing contours at two foot (2') intervals (may be prepared by a
Minnesota licensed surveyor).
b. Proposed grade elevations at two foot (2') maximum intervals.
c. Drainage plan, including the configuration of drainage areas and
calculations.
d. Storm sewer, catch basins, invert elevations, type of castings, and type
of materials,
e. Spot elevations (may be prepared by a Minnesota licensed surveyor).
f. Proposed driveway grades.
g, Surface water ponding and treatment areas.
h. Erosion control measures.
4. Landscaping plan, utilizing a copy of the current certificate of survey as a
base for the site in question, depicting the following:
a. Planting schedule (table) containing:
I1
a. Architectural elevations of all principal and accessory buildings (type,
color, and materials used in all external surfaces).
b. "Typical" floor plan and "typical" room plan drawn to scale with a
summary of square footage for each use or activity.
c. Fire protection plan.
d. Extent of and any proposed modifications to land within the
Environmental Protection Districts, as established by Chapter 45 of this
Title.
e. Type, location and size (area and height) of all signs to be erected
upon the property in question.
f. Vicinity map showing the subject property in reference to nearby
highways or major street intersections.
g. Sound source control plan.
h. Lighting plan.
H. Changes to Approved Site Plan. Minor changes in the location and placement
of buildings or other improvements due to unforeseen circumstances may be
authorized by the Planner. Proposed changes to the approved Site Plan
affecting structural types, building coverage, mass, intensity or height,
allocation of open space and all other changes which affect the overall design
of the property shall be acted on, reviewed and processed by the Commission
and Council in the same manner as they reviewed and processed the Site
Plan, except that a three-fifths favorable vote of the Council shall be required
to authorize the proposed change.
I. Lapse of Approved Site Plan by Non-User; Extension of Time.
1. If a building permit has not been obtained, and if erection or alteration of a
building, as described in the application for Site Plan, has not begun within
two years after Site Plan approval, the approval shall be null and void
unless a petition for extension of time in which to commence the proposed
work or improvements has been granted.
2. A petition for extension shall be made in writing and filed with the City
Clerk within such two year period. The petition shall state reasons
showing why a building permit has not been obtained, or why erection or
alterations have not commenced, and shall state the additional time
requested to begin the proposed work or improvement. The petition shall
be presented to the Council for hearing and decision in the same manner
13
Planning Commission Meeting Minutes
March 24, 2010
Page 4 of 8
Public Comment
John Bohan, 800 Coventry, told the Commission he believes the podium height
(2-story at the street level) concept resulted from conversations with merchants
and residents in the Cahill and West 70`h Street neighborhood, Mr. Bohan also
referred to the draft building height overlay district as it relates to Centennial
Lakes, HOD-4, pointing out the map indicates 4-stories; however, the Coventry at
Centennial Lakes is only 2-stories. Chair Fischer said he recalled the discussion
on Centennial Lakes and asked Planner Teague if the reasoning behind the
4-stories is that sites with a similar zoning designation must be treated equally.
Planner Teague responded that is correct. Continuing, Planner Teague pointed
out that currently there is no height limit in the Centennial Lakes area. The
proposed ordinance would reduce height in this area possibly more than any
other in the City.
Action
Commissioner Staunton moved to recommend adoption of an Ordinance
amending the Zoning Ordinance to add a Building Height Overlay District,
pages A1-A6, including the most recent appendix A, and the March 24, 2010
memo with the understanding that this amendment imports height
wherever it was dictated in the Comprehensive Plan by importing it into the
height overlay district, and where the Comprehensive Plan was silent the
current zoning restrictions regarding height would be retained.
Commissioner Brown seconded the motion. Ayes; Carpenter, Risser,
Scherer, Staunton, Brown Grabiel, Forrest, Fischer. Nay; Schroeder.
Motion carried 8-1
Discussion -Planned Unit Development
Planner Presentation
Planner Teague reminded the Commission the PUD topic has been separated
into four separate elements: 1) Purpose and Intent (goals) 2)
Applicability/Criteria; 3) Process/Procedures; and 4) Rules/Standards.
Planner Teague said the topic this evening is Rules/Standards. Planner Teague
said what has been discussed up to this point and potential language that could
be used as the Rules/Standards section. Planner Teague reminded the
Commission at the past meetings discussion the two acre minimum requirement
was removed, and a sketch plan is required for a PUD or rezoning. A public
meeting is required and residents within 1,000 feet would be notified; and the
Planning Commission Meeting Minutes
March 24, 2010
Page 5 of 8
60/120 day rule language has been added. The City Attorney has advised that
the 60/120 rule does apply to a sketch plan.
Discussion
Chair Fischer asked Planner Teague to clarify the 60 day rule. Planner Teague
explained that State Statute requires Cities to take action on an application within
60 days; however, the City can extend the time for another 60 days. Chair
Fischer asked Planner Teague how the 60/120 day rule is defined. Planner
Teague responded final action must occur within that time frame.
A discussion ensued on sketch plan review with Commissioner Forrest
expressing the opinion that it would not make sense if the sketch plan review
process was held to the same time frame as a formal application; it would defeat
the purpose of the sketch plan review. Commissioner Staunton said if there are
separate applications for each leg of the process maybe the rule would apply to
each application. Planner Teague said his understanding from the City Attorney,
Roger Knutson, was that the "clock starts ticking" at the sketch plan review.
Commissioners acknowledged that in reality there is no way a development
application could get through the process from sketch plan review to final
approval within 120 days, adding it's hard enough to do that without the addition
of sketch plan review.
Planner Teague said he would speak with the City Attorney to clarify his position,
adding it may be a good idea to invite Mr. Knutson to a meeting. Commissioner
Staunton agreed, adding he believes there is a way to write criteria for each
application, A sketch plan review is seeking feedback, not action, which is a big
difference,
Commissioner Grabiel questioned if the intent of the Commission was to have
the sketch plan review such a formal process, adding his take was that the
sketch plan review was informal. Continuing, Commissioner Grabiel said his
take on a sketch plan review was a developer running an idea "up the flag pole"
to gather feedback from the Commission, take the input from the Commission
and proceed or start over. Commissioner Grabiel reiterated he didn't think the
process was as formal as outlined, notices, mailing, etc.
Commissioner Carpenter suggested that staff formalize or require a pre-
application meeting with developers. Commissioner Carpenter acknowledged
that a meeting between staff and developers regularly occurs; however, if
required and formalized the applicant would be provided with guidance on their
development as it proceeds through the formal process.
Commissioner Forrester said her initial though on sketch plan review was that it
would benefit the applicant by providing feedback from the Commission on their
take on the proposal. Commissioner Forrest said she also agrees with
Planning Commission Meeting Minutes
March 24, 2010
Page 6 of 8
comments from Commissioner Grabiel (depending on what Mr. Knutson says)
that the formalities could be minimized, She said posting the sketch plan review
meeting instead of mailings, etc. should suffice and staff/commission
encouraging an applicant to meet with neighboring property owners (prior to the
public hearing) so no one is blind sighted would be good advice.
Commissioner Brown said his understanding of a sketch plan review was to
provide the Commission with the opportunity to offer feedback to an applicant on
how nine Commissioners felt about a certain proposal. Commissioner Brown
said his understanding was that this meeting would be less formal; only providing
the applicant with feedback and was not part of an official public hearing process.
Public meeting, not hearing.
Commissioner Schroeder asked Planner Teague if a sketch plan application is
made what right(s) does the Commission grant the developer. Planner Teague
responded that the sketch plan review meeting does not afford the applicant any
rights. A sketch plan review meeting provides only feedback, no Aye, Nay
action.
Commissioner Staunton pointed out #3 on procedures which indicates approved
or denied, adding that language needs to be addressed, noting that further along
in the ordinance it states any opinions or comments are advisory. Planner
Teague agreed that the language needs to be re-addressed and clarified by the
City Attorney.
Chair Fischer noted that at the last meeting the Commission talked to a
developer about the benefit of a sketch plan review, adding in his opinion a
sketch plan review benefits everyone, applicant, staff, Commission and the
neighbors.
Commissioner Grabiel questioned what would stop a developer from using the
Community Comment section on the Agenda to solicit ideas from the
Commission as long as no formal application has been made. Commissioner
Grabiel said the goal is not to exclude the public in the process but to provide
feedback. If everything is formalized the sketch plan review would just add
another step to the process. Commissioner Brown suggested that to "get
around" the time frame constraints that the applicant could withdraw an
application and reapply. Planner Teague agreed. Each new application restarts
the clock.
Chair Fischer suggested that further discussion on the sketch plan review
process be put on hold.
Chair Fischer referred to the Rules/Standards portion of the ordinance and asked
Planner Teague to briefly go through them.
Planning Commission Meeting Minutes
March 24,2010
Page 7 of 8
Planner Teague said that points 1-4 are general; plan modifications, who
maintains the records, codification of developers agreement, expiration
language, etc. Number 5 needs to be filled in as the PUD is developed. Chair
Fischer said as he reviews the proposed ordinance it appears that what is before
the Commission is the framework for an actual PUD Ordinance. Planner Teague
responded agreed that it was at least a framework for an Ordinance.
Public'Comment
John Bohan, 800 Coventry, told the Commission he understands the spirit of the
PUD; however, he believes in practicality this issue is very complex .
III. COMMUNITY COMMENT:
None.
IV. INTERGOVERNMENTAL BUSINESS:
Chair Fischer acknowledged back of packet materials.
Chair Fischer reported that next month, April 8r"; the Public Works Small Area
Guide Process will kick off. 'Chair Fischer there will be no meeting of the Zoning
Ordinance Update Committee in April.
Commissioner Risser reported that the Green Steps event was very successful,
adding Heather Worthington did an excellent job with the summary.
Commissioner Risser said the event also included a report on Copenhagen and
an update from the school district on their green program, Commissioner
Staunton also thanked Commissioner Risser for her report on her travels.
Commissioner Grabiel said he would like to make sure that the City Attorney is
present at a Zoning Ordinance Update Committee meeting when the
Commission tackles PUD and sketch plan review, etc.
V. ;NEXT MEETING DATE:
April 28, 2010
Topic: Planned Unit Development (PUD)
Date Introduced: January 13, 2010
Date of Discussion: May 12, 2010
The Planning Commission has now concluded its discussion on each of the four
elements of the PUD. The four elements include: 1) Purpose and Intent (goals) 2)
Applicability/Criteria; 3) Process/Procedures; and 4) Rules/Standards. The result
of those discussions is the working draft of the framework for a PUD Ordinance
below.
Staff has added some language in regard to podium height as a result of our
building height discussions. This issue can be further analyzed as we meet with
the City Council at a future work session.
During our last discussion, the issue of the 60/120 day rule came up. The City
Attorney has advised that the rule does apply to a sketch plan review. The
Commission recommended that we further examine the issue with the City
Attorney, as we try to establish our procedures. Roger Knutson, our City Attorney
will be at the meeting to discuss the issue.
Purpose and Intent(goals)
1. Purpose and Intent. The purpose of the PUD District is to provide
comprehensive procedures and standards intended to allow more
creativity and flexibility in site plan design than would be possible under a
conventional zoning district. The decision to zone property to PUD is a
public policy decision for the city council to make in its legislative capacity.
The purpose and intent of a PUD is to include most or all of the following:
a. Provide for the establishment of PUD (planned unit development)
zoning districts in appropriate settings and situations to create or
maintain a development pattern that is consistent with the city's
comprehensive plan.
b. Promote a more creative and efficient approach to land use within
the city, while at the same time protecting and promoting the health,
safety, comfort, aesthetics, economic viability, and general welfare
of the city.
c. Provide for variations to the strict application of the land use
regulations in order to improve site design and operation, while at
the same time incorporate design elements that exceed the city's
standards to offset the effect of any variations. Desired design
city have entered into an agreement to ensure that the low or
moderate cost units remain available to persons of low or moderate
income for a specific period of time.
c. Any PUD which involves a single land use type or housing type
may be permitted provided tlial it is otherwise consistent with the
objectives of this ordinance and the comprehensive plan.
d. Permitted densities may be specifically stated in the appropriate
planned development designation and shall be in general
conformance with the comprehensive plan.
e. The setback regulation, building coverage and floor area ratio of the
most closely related conventional zoning district shall be
considered presumptively appropriate, but may be departed from to
accomplish the purpose and intent described in #1 above.
Procedures
1. Pre-Application Conference: Prior to filing of an application for PUD, the
applicant must arrange for and attend a conference with city staff. The
primary purpose of the conference shall be to provide the applicant with
an opportunity to gather information and obtain guidance as to the general
suitability of his proposal for the area for which it is proposed and its
conformity to the provisions of this title before incurring substantial
expense in the preparation of plans, surveys and other data.
2. Pre-Application Sketch Review: Prior to filing of a PUD, the applicant must
submit a sketch of the project to the City Planner. The plan shall be
conceptual but shall be processed according to the information
requirements, standards and procedures for sketch plans established by
Section 850.04 of this Chapter. (See below.) The submittal shall include a
statement providing justification for the PUD, including but not limited to
the intended utilization of the items listed in the Purpose and Intent, and
Criteria above.
3. Commission Sketch Plan Review and Meeting. The Planner will review the
Sketch Plan and the other information provided by the petitioner, and
forward a report/and or background information to the Commission, The
Commission shall conduct a public meeting regarding the Sketch Plan, A
notice of the date, time, place and purpose of the meeting shall be
published in the official newspaper of the City at least ten days prior to the
date of the meeting. A similar notice of meeting shall be mailed at least ten
days before the date of the hearing to each owner of property situated
wholly or partly within 1,000 feet of the tract to which the petition relates
insofar as the names and addresses of such owners can reasonably be
3
The following properties are zoned planned unit development, in
accordance with the identified ordinance or as provided herein:
A. reserved. (Future PUD districts and regulations would be listed
here.)
5
1. Prior to the formulation of a site plan, applicants may present a sketch
plan to the Planner prior to filing of a formal application. If submitting an
application for a rezoning, a Sketch Plan is required. The plan shall be
conceptual but shall be drawn to scale with topography of a contour
interval not greater than two feet (2') and may include the following:
a. The proposed site with reference to existing development,
topography, and drainage conditions on adjacent properties, at
least to within two hundred feet (200').
b. Natural features.
c. A site plan showing general location of existing and proposed
structures.
d. Amenities to be provided such as recreational areas, open space,
walkways, landscaping, etc.
e. Tentative access, circulation and street arrangements, both public
and private.
f. General location of parking areas.
g. Building elevations or sketches of what buildings may look like,
including general building heights.
h. General estimate of building square footage.
i. A statement showing the proposed density of the project with the
method of calculating said density also shown.
j. Other items as may be deemed necessary by City staff.
2. The City Planner shall refer the sketch plan to the Planning Commission
and City Council for discussion, review, and informal comment. Any
opinions or comments provided to the applicant by the Planner, Planning
Commission, andtor City Council shall be considered advisory only and
shall not constitute a binding decision on the request.
3. Commission Sketch Plan Review and Meeting. Within 115 days after
receipt by the Planner of the petition, fee and all other required
information, in form and substance acceptable to the Planner, the Planner
will review the Sketch Plan and the other information provided by the
petitioner, and forward a report/and or background information to the
Commission. The Commission shall conduct a public meeting regarding
the Sketch Plan. A notice of the date, time, place and purpose of the
7
2. Proof Of Ownership Or Authorization: The applicant shall supply proof of
title and the legal description of the property for which the site plan
approval is requested, consisting of an abstract of title and as applicable
supply documented authorization from the owner(s) of the property in
question to proceed with the requested site plan application.
3. Technical Reports; The Planner shall instruct the appropriate staff persons
to prepare technical reports where appropriate, and provide general
assistance in conducting an evaluation of the request.
4. Additional Information: City staff shall have the authority to request
additional information from the applicant concerning operational factors or
to retain expert assistance with the consent and at the expense of the
applicant concerning operational factors. Said information is to be
declared necessary to evaluate the request and/or to establish
performance conditions in relation to all pertinent sections of this Title.
Failure on the part of the applicant to supply all necessary supportive
information may be grounds for denial of the request.
5. Meeting with the Planner And/Or Staff: The applicant or a representative
thereof shall meet with the Planner and/or City staff in order to present
information and answer questions concerning the proposed requests.
F. Standards. In evaluating a site plan, the planning commission and city council
shall consider its compliance with the following:
1. consistency with the elements and objectives of the city's development
guides, including the comprehensive plan and water resources
management plan;
2. consistency with this ordinance;
3. creation of a harmonious relationship of buildings and open spaces with
natural site features and with existing and future buildings having a visual
relationship to the development;
4. promotion of energy conservation through design, location, orientation and
elevation of structures, the use and location of glass in structures and the
use of landscape materials and site grading; and
5, protection of adjacent and neighboring properties through reasonable
provision for surface water drainage, sound and sight buffers, preservation
of views, light and air and those aspects of design not adequately covered
by other regulations which may have substantial effects on neighboring
land uses.
9
iii. Location of all adjacent buildings located within one hundred feet
(100') of the exterior boundaries of the property in question.
iv. Location, number, dimensions, and setbacks of proposed parking
spaces and drive aisles.
v. Location, number, and dimensions of proposed loading spaces.
vi. Location, width, and setbacks of all curb cuts and driveways.
vii, Vehicular circulation.
viii. Sidewalks, walkways, trails.
ix. Location and type of all proposed lighting, including details of all
proposed fixtures.
x. Location of recreation and service areas.
xi. Location of rooftop equipment and proposed screening.
xii. Provisions for storage and disposal of waste, garbage, and
recyclables, including details for screening exterior trash/recycling
enclosures.
xiii. Location, sizing, and type of water and sewer system mains and
proposed service connections.
3. Grading/stormwater drainage plan, utilizing a copy of the current certificate
of survey as a base for the site in question, prepared and signed by a
Minnesota licensed engineer, depicting the following:
a, Existing contours at two foot (2') intervals (may be prepared by a
Minnesota licensed surveyor).
b. Proposed grade elevations at two foot (2') maximum intervals.
c. Drainage plan, including the configuration of drainage areas and
calculations.
d. Storm sewer, catch basins, invert elevations, type of castings, and type
of materials.
e. Spot elevations (may be prepared by a Minnesota licensed surveyor),
f. Proposed driveway grades.
11
shall be provided showing the perspective of the site from the
neighboring property at the property line elevation.
j. Other existing or proposed conditions which could be expected to
affect landscaping,
5. Other plans and information as required by the Planner including, but not
limited to:
a. Architectural elevations of all principal and accessory buildings (type,
color, and materials used in all external surfaces).
b. "Typical" floor plan and "typical" room plan drawn to scale with a
summary of square footage for each use or activity.
c. Fire protection plan.
d. Extent of and any proposed modifications to land within the
Environmental Protection Districts, as established by Chapter 45 of this
Title.
e. Type, location and size (area and height) of all signs to be erected
upon the property in question.
f. Vicinity map showing the subject property in reference to nearby
highways or major street intersections.
g. Sound source control plan.
h. Lighting plan.
H. Changes to Approved Site Plan. Minor changes in the location and placement
of buildings or other improvements due to unforeseen circumstances may be
authorized by the Planner. Proposed changes to the approved Site Plan
affecting structural types, building coverage, mass, intensity or height,
allocation of open space and all other changes which affect the overall design
of the property shall be acted on, reviewed and processed by the Commission
and Council in the same manner as they reviewed and processed the Site
Plan, except that a three-fifths favorable vote of the Council shall be required
to authorize the proposed change.
I. Lapse of Approved Site Plan by Non-User; Extension of Time.
'1, If a building permit has not been obtained, and if erection or alteration of a
building, as described in the application for Site Plan, has not begun within
two years after Site Plan approval, the approval shall be null and void
13
Topic: Planned Unit Development (PUD)
Date Introduced: January 13, 2010
Date of Discussion: September 1, 2010
The Planning Commission has concluded its discussion on each of the four
elements of the PUD. The Commission is now asked to consider how the
Ordinance would fit into the overall Zoning Ordinance.
Attached is an ordinance amendment to Section 850.04, which is the entire
Section of the Ordinance regarding administration and procedures for variances
and appeals, rezoning, transfer to planned districts (final development plans) and
conditional use permits.
A summary of the suggested changes within the Ordinance Amendment is listed
below. Please note that in addition to the PUD related amendments, there are
some procedural amendments suggested as well.
1. Adds language regarding the 60/120-day rule. (The State Statute
regarding when cities must take action on applications.) Existing code
language regarding timing of applications is removed.
2. The variance section is amended to comply with the City's existing
variance procedure practice. That includes the staff appeal of variances
attached to other applications. No change to the status of the Zoning
Board of Appeals at this time.
3. Eliminates the "transfer to planned district" which is where the final
development plan procedure is currently found. The change is to a
traditional site plan review, which is what a final development plan really
is. This change will make the code easier to navigate.
4. Adds sketch plan review as previously recommended.
5. Amends submittal requirements.
6. Establishes the PUD District as previously recommended.
Concern is still raised in regard to Subd. 3 Rezoning; this includes the new
PUD language. Other than adding the PUD, there are no substantive
changes recommended to this section at this time; however, the issue of
this section complying with the 60/120-day rule remains. This section
requires a 2-3 step process, similar to the proposed PUD, which is difficult
to go through each step and still comply with the State Statute.
7. Suggests new CUP standards as recommended by the City Attorney.
8. Eliminates temporary CUP's which are not legal.
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DRAFT — DRAFT
ORDINANCE NO. 2010—
AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING
ADMINISTRATION AND PROCEDURES AND ESTABLISHING A PUD
DISTRICT
The City Of Edina Ordains:
Section 1. Sub Section 850.04 is hereby amendment as follows:
850.04 Administration and Procedures for Variances and Appeals,
Rezoning, Site Plan Review, - : ' . • • • : :' - and
Conditional Use Permits.
Subd. 1 Pursuant to Minnesota Statutes 15.99, applications shall be approved
or denied within sixty (60) days from the date of its official and
complete submission unless extended by the City pursuant to statute
or a time waiver is granted by the applicant.
Subd. 4 2 Variances and Appeals.
A. Zoning Board of Appeals. There is continued a separate Zoning Board of
Appeals of the City. The Zoning Board of Appeals is the board of appeals
and adjustments created pursuant to M.S. 462.354, Subd. 2. All members
of the Commission, from time to time, shall be members, and the other
members shall be six residents of the City appointed for a term of three
years by the Mayor with the consent of a majority of the members of the
Council. For hearings, the Board shall consist, at a maximum, of any five
members, but three members shall constitute a quorum for conducting
such hearings and making decisions. However, at least one Commission
member shall be in attendance at each Board meeting, and shall be
deemed to be the representative of the Commission for purposes of
review and report by the Commission as required by M.S. 462.354, Subd.
2. The Board shall make no decision until the Commission, or a
representative of it, has had reasonable opportunity, not to exceed 60
days, to review and report to the Board concerning the decision. All
members shall serve without compensation. Members may resign
voluntarily or be removed by a majority vote of the Council or pursuant to
Section 180 of this Code. That Commission member in attendance at a
meeting who has the then longest continuous service on the Commission
shall be the Chair for that meeting. The Board shall adopt such bylaws as
shall be necessary or desirable for conduct of its business. Staff services
shall be provided by the Planning Department. Board members who
discontinue legal residency in the City shall be automatically removed
from office effective as of the date of such discontinuance. Vacancies shall
be filed pursuant to Subsection 180.03 of this Code.
B. Powers and Duties of Board. The Board shall have the power and duty of
hearing and deciding, subject to appeal to the Council, the following
matters:
1. Requests for variances from the literal provisions of this Section. If a
variance request is part of another land use application, including but
not limited to a conditional use permit, rezoning, and preliminary or
final site plan, the decision by the Zoning Board of Appeals is
automatically appealed to the City Council, The City Council would
then take official action on the applications including the variance. If a
variance request is made along with a Certificate of Appropriateness
for the Heritage Preservation Commission, the Zoning Board of
Appeals decision is not automatically appealed.
2. Appeals in which it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative
officer in the interpretation or enforcement of this Section; and
3. Requests for variances from the literal provisions of Section 1046 of
this Code.
4. Requests for modifications from the requirements of Section 815 of this
Code.
C. Petitions for Variances. The owner or owners of land to which the variance
relates may file a petition for a variance with the Planning Department.
The petition shall be made on forms provided by the Planning Department
and shall be accompanied by the fee set forth in Section 185 of this Code.
The petition shall be accompanied by plans and drawings to scale which
clearly illustrate, to the satisfaction of the Planner, the improvements to be
made if the variance is granted. The Planner may require the petitioner to
submit a certificate by a registered professional land surveyor verifying the
location of all buildings, setbacks and building coverage, and certifying
other facts that in the opinion of the Planner are necessary for evaluation
of the petition.
D. Appeals of Administrative Decisions. A person who deems himself or
herself aggrieved by an alleged error in any order, requirement, decision
or determination made by an administrative officer in the interpretation and
enforcement of this Section, may appeal to the Board by filing a written
appeal with the Planning Department within 30 days after the date of such
2
order, requirement, decision or determination. The appeal shall fully state
the order to be appealed and the relevant facts of the matter.
E. Hearing and Decision by the Board; Notice.
1. Within 60 days after the Planne e- - •• •- •. - - 'en is
complete, and all r-e .' -e -- . •e • e ••. e•, '•. .e •. . - • ,
drewi•e - • - - . , -- . - e--• ---ived, or within 60 days after the
filing of an appeal-of-an administrative decision, the Board shall
conduct a public hearing and after hearing the oral-and--written views-of
all interested persons, the Boa e •_ - . - ' _ - •-
meeting or at a specified future meeting.
12.Notice of variance hearings shall be mailed not less than ten days
before the date of the hearing to the person who filed the petition for
variance and to each owner of property situated wholly or partially
within 200 feet of the property to which the variance relates insofar as
the names and addresses of such owners can be reasonably
determined by the Clerk from records maintained by the Assessor.
23.A notice of hearing for appeals of administrative decisions shall be
published in the official newspaper of the City not less than ten days
before the hearing. A notice shall also be mailed to the appellant.
34.No new notice need be given for any hearing which is continued by the
Board to a specified future date.
F. Findings For Variances. The Board shall not grant a petition for a variance
unless it finds that the strict enforcement of this Section would cause
undue hardship because of circumstances unique to the petitioner's
property and that the grant of said variance is in keeping with the spirit and
intent of this Section. "Undue hardship" means that (i) the property in
question cannot be put to a reasonable use as allowed by this Section; (ii)
the plight of the petitioner is due to circumstances unique to the
petitioner's property which were not created by the petitioner; and (iii) the
variance, if granted, will not alter the essential character of the property or
its surroundings. Economic considerations alone shall not constitute an
undue hardship if reason-able use for the petitioner's property exists under
the terms of this Section. A favorable vote by the Board shall be deemed
to include a favorable finding on each of the foregoing matters even if not
specifically set out in the approval resolution or the minutes of the Board
meeting.
G. Appeals from Decisions of the Board.
1. The following individuals may appeal a decision of the Board:
3
a. any petitioner for a variance;
b. any owner to whom notice of the variance hearing is required to be
mailed pursuant to this Section;
c. the appellant in the case of an appeal of an administrative decision;
d. any person who deems to be aggrieved by the Board's decision on
the appeal of an administrative decision; and
e. any administrative officer of the City;
2. An appeal from a decision of the Board shall be filed with the Clerk no
later than ten days after the decision by the Board. If not so filed, the
right of appeal shall be deemed waived, and the decision of the Board
shall be final.
H. Hearing and Decision by Council. The Council shall hear and decide all
appeals from the decisions of the Board, and Variances associated with
other land use applications. The Appeal shall be heard not later than 60
days after the date the appeal is filed. The Council shall follow the same
procedures as to notices, hearings, findings for variances and decisions
that the Board is required to follow relative to the subject matter of the
appeal pursuant to this Section. A favorable vote by the Council shall be
deemed to include a favorable finding on each of the required findings
even if not specifically set out in the approval resolution or the minutes of
the Council meeting.
I. Conditions on Variance Approvals. In granting a variance, the Board, or
the Council on appeal, may impose conditions to ensure compliance with
the purpose and intent of this Code and to protect adjacent properties.
J. Form of Action Taken and Record. The Board, or the Council on appeal,
shall maintain a record of its proceedings which shall include the minutes
of its meetings and final order concerning the variance petition or appeal
of administrative decision. If a variance is granted, the petitioner, at the
petitioner's expense, shall duly record the final order in the proper office to
give constructive notice. A verified copy of such order, with the recording
data, shall be delivered to the Planner. The Board, or the Council on
appeal, may require such order to be recorded and such verified copy to
be delivered to the Planner before the variance shall be effective.
K. Lapse of Variance By Non-User, Extension of Time.
4
1. If, within one year after the date of the meeting of the Board, or the
Council on appeal, at which the variance was granted, the owner or
occupant of the affected land shall not have obtained a building permit,
if one is required, and commenced the work or improvement described
in such petition, the variance shall become null and void unless a
petition for extension of time in which to commence the proposed work
or improvement has been granted.
2. A petition for extension shall be in writing and filed with the Clerk within
such one year period. The petition for extension shall state facts
showing a good faith attempt to use the variance and shall state the
additional time requested to begin the proposed work or improvement.
The petition shall be presented to the Board for hearing, findings and
decision in the same manner as then required by this Section 850 for
an original petition for variance. The Board may grant an extension of
the variance for up to one year upon finding that a good faith attempt to
use the variance has been made, that there is a reasonable
expectation that the variance will be used during the extension, that
speculation will thereby not be fostered, and that the facts and
circumstances under which the original variance was granted are not
materially changed.
L. Denial: No application for a variance which has been denied in whole or in
part shall be resubmitted within twelve (12) months of the date of the order
of denial, except that a new application may be permitted to the same
denying board, if new evidence or a change of circumstances warrant it.
Subd. 3 • - - ' •• ite Plan Review.
a ... , • •:• . . e . .
including-withou-imitation, the Planned Residential District, Planned Office
aistrie rsial--District, Planned-Industrial District-Mixed
Development District o - e•- -- -- ! •.. . -• `'.
- •.., - • • • - :-• :••* - =-• e n gs, shall not b- . .' -. . -:•• : • • .
•
•• - - •-• = - - - - e• =-� �i - - e - . • e •- e --
planned-district; provided that:
1. No new-buildings shall be constructed on the le , • • -• - - •• •
-
increase in gross floor area of all buildings on the lot by more than ten
percent;
2. No building existing on the to .. : . -• , t1:4 , -- e- .dried to or
3. No dwelling units shall be added; and
5
4. No such-existing building4 damaged or destroyed-by-firerwin47
earthquake, explosion or-other-ca-sualtyi-shall-be restored-or-repaired if the
cost-of-restoration or repair exc--0 e•- •. •- • - - *
the entire building o• •- *. - •••••-*•- - • = •- date of such
casualty-(as-such-oost-arid-fair-m.. - . - "•-ed-by-the
Assessefrer other-person selected by the Managerin-each case
G • 4 es • -, " •en-owner-er-own- e •- e • ••e
with-and-cemplete the process for Final Devel**—-• • . - :s e —
.a • •-: e • .:hs 4 through 10 of paragraph C. of Subd. 2 of
this Subsection 850.04-and shall-confo * . •e -e•• • • • - I-other
*revisions of this Section; provided that only three-fifths favorable vote of
the Council shall be require: e * - • . 9 • ee'•-• • -•
•- -••-‘ e •• e. .:* •• -::• 'en-to those in Subd. 20 of
Subsection-850,07-re * •e• -*• : •- -e uses, buildings and lots.
The-instal-lati* - - .• -e e . e• e ef-this
Subsection shall be required prior to consideration of a Final Development
Plan by the Commission.
B Unimproved Lots. Any lot-transferred by this Section to a planned district,
'• . ••e, . • *e. *••• •e•, •- • •e -• al District, Planned Office
District, Planned Commercial District, Planned In: - •. , -e
43- . - e ••-• e•. 5. •- ••-•, e• ,•,. .• , ,
e •••1 e • -: . • • - suikling-or-buildings shall be required,
•
- •• • -- • - ..• sy this Section, in connection-with
CI- • - " .e: e • - - e • •-: e -=:- ..* *.hs 4 through 10 of
paragraph C. of Sub:. -- * - •:' 9.14 -* •- e •• . •:
Ge-•: • • * - e •- isions of this Section, p e :•• • •• •
favefabiC vote of the Council sha : * - • opment
. 22 2 . . . •• . '2- . -2 .' e
Develee••-• - • • • •- - ••••' •en
-
A. Purpose. The purpose of this Section is to establish a formal site plan review
procedure and provide regulations pertaining to ensure compliance with the
with site design standards imposed by sections 460 and 850 of the city code
B. Approval Required. Without first obtaining site plan approval it shall be
unlawful to do any of the following:
1. Construct a new building or add on to an existing building that would result
in an increase in gross floor area of all buildings on the lot by more than
ten percent.
2. Move a building to any lot within the city.
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3. Expand or change the use of a building or parcel of land or modify a
building, accessory structure or site or land feature in any manner which
results in a different intensity of use, including the requirement for
additional parking.
4. Grade or take other actions to prepare a site for development, except in
conformance with a permit or an approved plan.
5. Remove earth, soils, gravel or other natural material from or place the
same on a site, except in conformance with a permit or an approved plan.
C. Exceptions. Except in those cases specifically cited within this Title, the
following shall be excepted from the foregoing requirements of this Chapter:
1. Construction or alteration of a single family or two-family residential
building or accessory building.
2. Enlargement of a building by less than 10 percent of its gross floor area,
provided that there is no variance involved and also provided that the
Planner has conducted an administrative review pursuant to section 850
of this ordinance.
3. Changes in the leasable space of a multi-tenant building where the
change does not intensify the use, require additional parking, or result in
an inability to maintain required performance standards as specified in
section 850 of this ordinance.
D. Sketch Plan:
1. Prior to the formulation of a site plan, applicants are strongly encouraged
to present a sketch plan to the Planner prior to filing of a formal
application. The plan shall be conceptual but shall be drawn to scale with
topography of a contour interval not greater than two feet (2') and may
include the following:
a. The proposed site with reference to existing development, topography,
and drainage conditions on adjacent properties, at least to within two
hundred feet (200').
b. Natural features.
c. General location of existing and proposed structures including signs.
d. Tentative access, circulation and street arrangements, both public and
private.
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e. Amenities to be provided such as recreational areas, open space,
walkways, landscaping, etc.
f. General location of parking areas.
g. Proposed public sanitary sewer, water and storm drainage.
h. A statement showing the proposed density of the project with the
method of calculating said density also shown.
i. Other items as may be deemed necessary by City staff.
2. The Planner shall refer the sketch plan to the Planning Commission and
City Council for discussion, review, and informal comment. Any opinions
or comments provided to the applicant by the Planner, Planning
Commission, and City Council shall be considered advisory only and shall
not constitute a binding decision on the request. There shall be no official
application made for a sketch plan. It is an informal review and comment
by planning commission and city council.
E. Procedure.
1. Filing Of Request: Request for site plan approval, as provided within this
Title, shall be filed with the Planner on an official application form. Such
application shall be accompanied by a fee as established by City Council
resolution. Such application shall also be accompanied by detailed written
and graphic materials, the number and size as prescribed by the Planner,
fully explaining the proposed change, development, or use. The request
shall be considered as being officially submitted and complete when the
applicant has complied with all specified information requirements. In
cases where an application is judged to be incomplete, the Planner shall
notify the applicant, in writing, within fifteen (15) days of the date of
submission.
2. Proof Of Ownership Or Authorization: The applicant shall supply proof of
title and the legal description of the property for which the site plan
approval is requested, consisting of an abstract of title and as applicable
supply documented authorization from the owner(s) of the property in
question to proceed with the requested site plan application.
3. Technical Reports: The Planner shall instruct the appropriate staff persons
to prepare technical reports where appropriate, and provide general
assistance in conducting an evaluation of the request.
4. Additional Information: City staff shall have the authority to request
additional information from the applicant concerning operational factors or
8
to retain expert assistance with the consent and at the expense of the
applicant concerning operational factors. Said information is to be
declared necessary to evaluate the request and to establish performance
conditions in relation to all pertinent sections of this Title. Failure on the
part of the applicant to supply all necessary supportive information may be
grounds for denial of the request.
5. Meeting with the Planner and Staff: The applicant or a representative
thereof shall meet with the Planner and City staff in order to present
information and answer questions concerning the proposed requests.
6. Commission Review and Hearing. The Commission shall conduct a public
hearing regarding the Site Plan. A notice of the date, time, place and
purpose of the hearing shall be published in the official newspaper of the
City at least ten days prior to the date of the hearing. A similar notice of
hearing shall be mailed at least ten days before the date of the hearing to
each owner of property situated wholly or partly within 1,000 feet of the
tract to which the petition relates insofar as the names and addresses of
such owners can reasonably be determined by the Clerk from records
maintained by the Assessor or from other appropriate records. After
reviewing the report of the Planner and hearing the oral or written views of
all interested persons, the Commission shall make its decision at the
same meeting or at a specified future date and send its recommendation
to the Council. No new notice need be given for hearings, which are
continued by the Commission to a specified future date. The Commission
shall recommend approval by the Council upon finding that the proposed
development meets the standards of Section 850 of City Code.
7. Council Hearing and Decision. The Council shall conduct a public hearing
on the Site Plan in the same manner as the Commission above.
F. Standards. In evaluating a site plan, the planning commission and city council
shall consider its compliance with the following:
1. consistency with the elements and objectives of the city's development
guides, including the comprehensive plan and water resources
management plan;
2. consistency with this ordinance;
3. protection of adjacent and neighboring properties through reasonable
provision for surface water drainage, sound and sight buffers, preservation
of views, light and air and those aspects of design not adequately covered
by other regulations which may have substantial effects on neighboring
land uses.
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G. Information Required. The information required for all site plan applications
generally consists of the following items, and shall be submitted unless
waived by the Planner.
1. Site boundaries, buildings, structures and other improvements shall be
identified on-site with a current certificate of survey, prepared and signed
by a Minnesota licensed land surveyor, depicting the following:
a. Scale of plan (engineering scale only, at one inch equals fifty feet (1" =
50') or less.
b. North point indication.
c. Existing boundaries with lot dimension and area.
d. Existing site improvements.
e. All encroachments.
f. Easements of record.
g. Legal description of the property.
h. Ponds, lakes, springs, rivers or other waterways bordering on or
running through the subject property.
2. A site plan utilizing a copy of the current certificate of survey as a base for
the site in question, depicting the following:
a. Name and address of developer/owner,
b. Name and address of architect/designer.
c. Date of plan preparation.
d. Dates and description of all revisions.
e. Name of project or development.
f. All proposed improvements, including:
i. Required and proposed setbacks.
ii. Location, setback and dimensions of all proposed buildings and
structures.
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iii. Location of all adjacent buildings located within one hundred feet
(100') of the exterior boundaries of the property in question.
iv. Location, number, dimensions, and setbacks of proposed parking
spaces and drive aisles.
v. Location, number, and dimensions of proposed loading spaces.
vi. Location, width, and setbacks of all curb cuts and driveways.
vii. Vehicular circulation.
viii. Sidewalks, walkways, trails.
ix. Location and type of all proposed lighting, including details of all
proposed fixtures.
x. Location of recreation and service areas.
xi. Location of rooftop equipment and proposed screening.
xii. Provisions for storage and disposal of waste, garbage, and
recyclables, including details for screening exterior trash/recycling
enclosures.
xiii. Location, sizing, and type of water and sewer system mains and
proposed service connections.
3. Grading/stormwater drainage plan, utilizing a copy of the current certificate
of survey as a base for the site in question, prepared and signed by a
Minnesota licensed engineer, depicting the following:
a. Existing contours at two foot (2') intervals (may be prepared by a
Minnesota licensed surveyor).
b. Proposed grade elevations at two foot (2') maximum intervals.
c. Drainage plan, including the configuration of drainage areas and
calculations.
d. Storm sewer, catch basins, invert elevations, type of castings, and type
of materials.
e. Spot elevations (may be prepared by a Minnesota licensed surveyor).
f. Proposed driveway grades.
g. Surface water ponding and treatment areas.
h. Erosion control measures.
4. Landscaping plan in accordance with Section 850.10. Landscape Plan
must utilize a copy of the current certificate of survey as a base for the site
in question, depicting the following:
a. Planting schedule (table) containing:
i. Symbols.
ii. Quantities.
iii. Common names.
iv. Botanical names.
v. Sizes of plant material.
vi. Root specification (bare root, balled and burlapped, potted,etc.).
vii. Special planting instructions.
b. Location, type and size of all existing significant trees to be removed or
preserved.
c. Planting detail (show all species to scale at normal mature crown
diameter or spread for local hardiness zone).
d. Typical sections with details of fences, tie walls, planter boxes, tot lots,
picnic areas, berms and the like.
e. Typical sections with details of landscape islands, planter beds, and
foundation plantings with identification of materials used.
f. Note indicating how disturbed soil areas will be restored through the
use of sodding, seeding, or other techniques.
g. Delineation of both sodded and seeded areas with respective areas in
square feet.
h. Coverage plan for underground irrigation system, if any.
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i. Where landscape or manmade materials are used to provide screening
from adjacent and neighboring properties, a cross-through section
shall be provided showing the perspective of the site from the
neighboring property at the property line elevation.
j. Other existing or proposed conditions which could be expected to
affect landscaping.
5. Other plans and information as required by the Planner including, but not
limited to:
a. Architectural elevations of all principal and accessory buildings (type,
color, and materials used in all external surfaces).
b. "Typical" floor plan and "typical" room plan drawn to scale with a
summary of square footage for each use or activity.
c. Fire protection plan.
d. Type, location and size (area and height) of all signs to be erected
upon the property in question.
e. Vicinity map showing the subject property in reference to nearby
highways or major street intersections.
f. Lighting plan.
H. Plan Modifications. Minor changes due to unforeseen circumstances may be
authorized by the Planner. Proposed changes to the approved Site Plan
affecting structural types, building coverage, mass, intensity or height,
allocation of open space and all other changes which affect the overall design
of the property shall be acted on, reviewed and processed by the Commission
and Council in the same manner as they reviewed and processed the Site
Plan.
I. Existing Approved Final Development Plan. All existing approved Final
Development Plans as of(date of ordinance) are now deemed to be
approved Site Plans.
J Lapse of Approved Final Development Site Plan by Non-User; Extension of
Time.
1. If a building permit has not been obtained, and if erection or alteration of a
building, as described in the application for final development site plan,
has not begun within two years after final-development site plan approval,
the approval shall be null and void unless a petition for extension of time in
13
which to commence the proposed work or improvements has been
granted.
2. A petition for extension shall be made in writing and filed with the City
Clerk within such two year period. The petition shall state reasons
showing why a building permit has not been obtained, or why erection or
alterations have not commenced, and shall state the additional time
requested to begin the proposed work or improvement. The petition shall
be presented to the Council for hearing and decision in the same manner
as then required for an original application. The Council may grant an
extension of up to one year upon finding that:
a. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
b. the facts which were the basis for approving the final development plan
have not materially changed. No more than one extension shall be
granted.
Subd. 2 4 Rezoning.
A. Initiation of Rezoning Process.
1. A petition for rezoning may be initiated by the owner of land proposed
for transfer to another district or subdistrict, the Council or the
Commission.
2. A petition by an owner shall be on forms provided by the Planner, shall
be submitted with plans, data and information required by this Section,
and such other information that the Planner believes necessary for
evaluation of the petition. The petition shall be accompanied by the fee
set forth in Section 185 of this Code.
B. Sign. The petitioner for rezoning shall erect, or cause to be erected, at
least one sign per street frontage on the land described in the petition. The
sign or signs shall be of a design approved by the Planner, shall be 36
inches by 60 inches in size, shall have letters at least four inches high
using Helvetica medium typeface or other letter style approved by the
Planner, shall be constructed of sturdy material, shall be neatly lettered,
and shall be easily viewable from, and readable by persons on, the
adjoining street. The sign or signs shall contain the following information:
"This property proposed for rezoning by:
(Name of Petitioner or Applicant)
(Telephone of Petitioner or Applicant)
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For information contact Edina Planning Department:
Telephone No. 927-8861"
The petition shall not-be-deemed filed and-the-Commission shall not be
required-to-hold-any-hearings-on-the petition-until the-sign-has--been
erected as required and for-at-least-ten days preceding the h aring. The
sign shall be kept in good repair and shall be maintained in place until a
final decision on the petition has been made by the Council, and shall be
removed by the petitioner within five days after the final decision. The
failure of any petitioner to comply fully with the provisions of this
paragraph relating to the sign shall not prevent the Commission and
Council from acting on the petition nor invalidate any rezoning granted by
the Council. If the signs are not kept in good repair or removed as
required, then the signs shall be deemed a nuisance and may be abated
by the City by proceedings under M.S. 429, or any other then applicable
provisions of this Code or State Law, and the cost of abatement, including
administrative expenses and attorneys' fees, may be levied as a special
assessment against the property upon which the sign is located.
C. Procedure for Rezoning to Planned Residential District, Regional Medical
District, Planned Office District, Planned Commercial District and Planned
Industrial District.
1. Preliminary Development Rezoning and Site Plan. The petition for
rezoning shall include a Preliminary Development Site Plan drawn to a
scale of not smaller than 30 feet to the inch upon which are shown the
following data and information:
a. a boundary survey, prepared by a registered land surveyor,
showing the entire outline, dimensions and area of the property to
which the petition relates, and any existing structures, easements,
water bodies, water courses and flood plains;
b. all existing structures, rights-of-way widths and traveled widths of
all streets and alleys located within 100 feet of the perimeter of the
property;
c. the location, general exterior dimensions and height of all proposed
structures, and approximate gross floor area of non-residential
buildings or number of dwelling units in residential buildings;
d. the location, arrangement and number of automobile parking stalls
and truck loading facilities; and
e. such other information as is necessary, in the opinion of the
Planner, to evaluate the petition, to determine consistency with the
15
Comprehensive Plan, and to ensure compliance with the
requirements of this Section and other applicable sections of this
Code.
2,3. Commission Review and Hearing. Within-45 days after Upon receipt
by the Planner of the petition, fee and all other required information, in
form and substance acceptable to the Planner, the Planner will review
the petition, Preliminary Development Site Plan and the other
information provided by the petitioner, and forward a report to the
Commission. The Commission shall conduct a public hearing
regarding the petition and Preliminary Development Site Plan. A notice
of the date, time, place and purpose of the hearing shall be published
in the official newspaper of the City at least ten days prior to the date of
the hearing. A similar notice of hearing shall be mailed at least ten
days before the date of the hearing to each owner of property situated
wholly or partly within 1,000 feet of the tract to which the petition
relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the
Assessor or from other appropriate records. After reviewing the report
of the Planner and hearing the oral or written views of all interested
persons, the Commission shall make its decision at the same meeting
or at a specified future date and send its recommendation to the
Council. No new notice need be given for hearings, which are
continued by the Commission to a specified future date.
34.Council Hearings and Decision; Preliminary Zoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a
public hearing regarding the petition and Preliminary Development Site
Plan. The hearing shal e •- . •_ . - :f .. . . • - •- .. - _
the reco••••- . . • _ •• __•••• 'on. A notice of the date, time,
place and purpose of the hearing shall be published in the official
newspaper of the City at least ten days prior to the date of the hearing.
A similar notice of hearing shall be mailed at least ten days before the
date of the hearing to each owner of property situated wholly or partly
within 1,000 feet of the tract to which the petition relates insofar as the
names and addresses of such owners can reasonably be determined
by the Clerk from records maintained by the Assessor or from other
appropriate records. After hearing the oral or written views of all
interested persons, the Council shall make its decision at the same
meeting or at a specified future date. No new notice need be given for
hearings, which are continued by the Council to a specified future date.
An affirmative vote of three-fifths of all members of the Council shall be
required to grant preliminary rezoning approval. Provided, however, a
rezoning from any residential zoning district to any nonresidential
zoning district shall require an affirmative vote of four-fifths of all
16
members of the Council. If preliminary rezoning approval is granted,
the petitioner may prepare a Final Development Site Plan. In granting
preliminary rezoning approval, the Council may make modifications to
the Preliminary Development Site Plan and may impose conditions on
its approval. The petitioner shall include the modifications, and comply
with the conditions, in the Final Development Site Plan, or at another
time and by other documents, as the Council may require or as shall
be appropriate."
45.Final Development Site Plan. The Final Development Site Plan shall
include all required information and data delineated on the Preliminary
Development Site Plan and, in addition, the following data and
information required data and information in Section 850.04 Subd. 3.
above.
a. exact losatio• . •* - - • . .0- e . .. .ngs of all existing and proposed
structures on the-tract-induding-a-description-of existing and
proposed exterior-building materials;
• e•••-• e- .e• - e e et: -e
intersections with streets, parking areas, loading areas,
locations of all existin: . • * *ee -: *- e .- - •: e .• - - -••-• ;
c. a landscap- - - - - -- ---- - - ---* 1 - •-- • -- e -- .*•
850.10;
d. a g- e . - e *-dicating final grades and the
direction and destination of surface drainage;
- • '•:, - •••••• •• . • :. •e •
proposed,water-mains, . . • - - , * -.•-e- - •:
and-proposed-public-and-private-easements; and
evaluate the plan, determine consistency with the Comprehensive
Plan and to ensure comp . • -- - •: e •-
applicable-previsions of-t-his-Code,
56.Final Development Rezoning and Site Plan; Commission Review and
Hearing. The F.• - • - e e"-• - • •- I-be in form and substance
acceptable-to-the-Planner-Within-45-days-after-reseipt-by the-Planner
of the-Fin-al-Development Plan, the Planner shall forward a report to
the Commission. The Commission shall conduct a public hearing
17
regarding the Final Development-P-lan Rezoning and Site Plan. A
notice of the date, time, place and purpose of the hearing shall be
published in the official newspaper of the City at least ten days prior to
the date of the hearing. A similar notice of hearing shall be mailed at
least ten days before the date of the hearing to each owner of property
situated wholly or partly within 1,000 feet of the tract to which the
petition relates insofar as the names and addresses of such owners
can reasonably be determined by the Clerk from records maintained by
the Assessor or from other appropriate records. After reviewing the
report of the Planner and hearing the oral or written views of all
interested persons, the Commission shall make its decision at the
same meeting or at a specified future date and send its
recommendation to the Council. No new notice need be given for
hearings, which are continued by the Commission to a specified future
date. The Commission shall recommend approval by the Council upon
finding that the proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Site Plan as
approved and modified by the Council and contains the Council
imposed conditions to the extent the conditions can be complied
with by the Final Development Site Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed
improvements, existing structures, open space and natural
features.
A recommendation of approval by the Commission shall be deemed to
include a favorable finding on each of the foregoing matters even if not
specifically set out in the approval resolution or the minutes of the
Commission meeting.
67.Council Hearing and Decision; Final Rezoning. ' •'• :! : _ . - •-
recommend-ation-on the Final Development Plan by the Commission,
the Council shall conduct a public hearing on the Final Development
Wan Rezoning and Site Plan in the same manner and with the same
18
notices as required for preliminary rezoning approval. After hearing the
oral and written views of all interested persons, the Council may accept
or reject the findings of the Commission and thereby approve or
disapprove the Final Development Rezoning and Site Plan. An
affirmative vote of three-fifths of all members of the Council shall be
required to grant final rezoning approval. Provided, however, a
rezoning from any residential zoning district to any nonresidential
zoning district shall require an affirmative vote of four-fifths of all
members of the Council. Approval may be-made subject to
modifications and-conditions at th- ••• - ••• . - ening
. - - a- . - •--
must-be-fulfilled and met to the satisfaction-of-the-Ptanner1-before the
final-appfeval-becomes effective. Approval of the Final Development
Plan shall also constitute final rezoning of the tract included-in-the
plans, and the publication-of-the-ordinance amendment-effecting-the
e •. -e . e- . . _ -e, e. •_ ..e 'cation shall be
e e-- _• ' - ••*e. 'ons and conditions made by the Council--have
been met and fulfilled to the satisfaction of the Planner.
7. Exceptions From Requirements. Th- -e. •.' - _ _ •_ ' -
exceptions-from-otherwise-applicable-requirements in the proposed
approval:
8. Filing. The approved Final Development Site Plan shall be filed in the
Planning Department.
9. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Development
Site Plan, as modified by, and with the conditions made by, the
Council, and in full compliance with this Section and other applicable
provisions of this Code. Applications for building permits shall be
reviewed by the Planning Department prior to issuance of such permits
to determine if they conform to the provisions of this Section, the
approved Final Development Site Plan, as modified by, and with the
conditions made by, the Council, and other applicable provisions of this
Code.
10. Changes to Approved Final Development Site Plan. Minor changes in
the location and placement of buildings or other improvements due to
unforeseen circumstances may be authorized by the Planner.
Proposed changes to the approved Final Development Site Plan
affecting structural types, building coverage, mass, intensity or height,
allocation of open space and all other changes which affect the overall
design of the property shall be acted on, reviewed and processed by
19
the Commission and Council in the same manner as they reviewed
and processed the Final Development Site Plan, except that a three-
fifths favorable vote of the Council shall be required to authorize the
proposed change.
11. Lapse of Approved Final Development Site Plan by Non-User;
Extension of Time.
a. If a building permit has not been obtained, and if erection or
alteration of a building, as described in the application for final site
development plan, has not begun within two years after final
development plan approval, the approval shall be null and void
unless a petition for extension of time in which to commence the
proposed work or improvements has been granted.
b. A petition for extension shall be made in writing and filed with the
City Clerk within such two year period. The petition shall state
reasons showing why a building permit has not been obtained, or
why erection or alterations have not commenced, and shall state
the additional time requested to begin the proposed work or
improvement. The petition shall be presented to the Council for
hearing and decision in the same manner as then required for an
original application. The Council may grant an extension of up to
one year upon finding that:
i. there is a reasonable expectation that the proposed work or
improvement will commence during the extension, and
ii. the facts which were the basis for approving the final
development plan have not materially changed. No more than
one extension shall be granted.
D. Procedure for Rezoning to Mixed Development District.
1. Preliminary Development Rezoning and Site Plan. The petition for
rezoning shall include a Preliminary Development Site Plan drawn to a
scale of not smaller than 30 feet to the inch upon which are shown the
following data and information:
a. a boundary survey, prepared by a registered land surveyor, showing
the entire outline, dimensions and area of the property to which the
petition relates, and any of its existing structures, easements, water
bodies, watercourses and floodplains;
20
b. all existing structures, rights-of-way widths and traveled widths of all
streets and alleys located within 100 feet of the perimeter of the
property;
c. the general location, general exterior dimensions and height of all
proposed structures, and approximate gross floor area of non-
residential buildings or number of dwelling units in residential buildings;
d. the location, arrangement and number of automobile parking stalls;
e. a traffic impact analysis, and travel demand management plan for
projects proposed for rezoning to MDD-5 District or MDD-6 District
(analysis and plan shall be separate documents delivered with the
Preliminary Development Site Plan); and
f. such other information as is necessary, in the opinion of the Planner, to
evaluate the petition, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
of this Section and other applicable provisions of this Code.
2. Commission Review and Hearing. •'• A . e. • _ ---.0 . •-
Planner of the petition-,fee and all other required information, in form and
substance acceptable to the Planner, the Planner will review-the-petition,
P-reliminar-y--Development-Plan-and-the--other information-provided-by-the
petitioner, e-• _ . _ -ee- -e----• 'en The Commission shall
conduct a public hearing regarding the petition and Preliminary
Development Plan. A notice of the date, time, place and purpose of the
hearing shall be published in the official newspaper of the City at least ten
days prior to the date of the hearing. A similar notice of hearing shall be
mailed at least ten days before the date of the hearing to each owner of
property situated wholly or partly within 1,000 feet of the tract to which the
petition relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the
Assessor or from other appropriate records. After reviewing the report of
the Planner and hearing the oral or written views of all interested persons,
the Commission shall make its decision at the same meeting or at a
specified future date and send its recommendation to the Council. No new
notice need be given for hearings, which are continued by the
Commission to a specified future date.
3. Council Hearing and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition. .•e ' - ' •. •. 9- - opment Plan. The
h wring-shall-be held-not later-than 60 days after the date of the
recommendation-by--the--Commission. A notice of the date, time, place and
21
purpose of the hearing shall be published in the official newspaper of the
City at least ten days prior to the date of the hearing. A similar notice of
hearing shall be mailed at least ten days before the date of the hearing to
each owner of property situated wholly or partly within 1,000 feet of the
tract to which the petition relates insofar as the names and addresses of
such owners can reasonably be determined by the Clerk from records
maintained by the Assessor. After hearing the oral or written views of all
interested persons, the Council shall make its decision at the same
meeting or at a specified future date. No new notice need be given for
hearings which are continued by the Council to a specified future date. An
affirmative vote of three-fifths of all members of the Council shall be
required to grant preliminary rezoning approval. Provided, however, a
rezoning from any residential zoning district to any nonresidential zoning
district shall require an affirmative vote of four-fifths of all members of the
Council. If preliminary rezoning approval is granted, the petitioner may
prepare an Overall Development Site Plan for final rezoning approval. In
granting preliminary rezoning approval, the Council may make
modifications to the Preliminary Development Site Plan and may impose
conditions on its approval. The petitioner shall include such modifications,
and comply with such conditions, in the Overall Development Site Plan, or
at such other time and by such other documents, as the Council may
require or as shall be appropriate.
4. Council Hearing and Decision; Preliminary Zoning Approval. Upon request
of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition. and Preliminary D- - ::••-- • . •. •-
h aring shall be held-not latertha-n-60 days after the date of the
recommendation--by-the-Gemmission7 A notice of the date, time, place and
purpose of the hearing shall be published in the official newspaper of the
City at least ten days prior to the date of the hearing. A similar notice of
hearing shall be mailed at least ten days before the date of the hearing to
each owner of property situated wholly or partly within 500 feet of the tract
to which the petition relates insofar as the names and addresses of such
owners can reasonably be determined by the Clerk from records
maintained by the Assessor. After the hearing, the oral or written views of
all interested persons, the Council shall make its decision at the same
meeting or at a specified future date. No new notice need be given for
hearings which are continued by the Council to a specified future date. An
affirmative vote of four-fifths of all members of the Council shall be
required to grant preliminary approval. If preliminary rezoning approval is
granted, the petitioner may prepare an Overall Development Plan for final
rezoning approval. In granting preliminary rezoning approval, the Council
may make modifications to the Preliminary Development Site Plan and
may impose conditions on its approval. The petitioner shall include such
modifications, and comply with such conditions, in the Overall
22
Development Site Plan, or at such other time and by such other
documents, as the Council may require or as shall be appropriate.
5. Overall Development Site Plan; Commission Review and Hearing. The
Overall Development Site Plan shall be in form and substance acceptable
to the Planner. Within 45 days after receipt by the Planner of the Overall
Dove e e••-• • . •- - . • •- •. -••• . e - e e• e •c Commission
The Commission shall conduct a public hearing regarding the Overall
Development Site Plan in conjunction with the rezoning. A notice of the
date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days
before the date of the hearing to each owner of property situated wholly or
partly within 1,000 feet of the tract to which the petition relates insofar as
the names and addresses of such owners can reasonably be determined
by the Clerk from records maintained by the Assessor or from other
appropriate records. After reviewing the report of the Planner and hearing
the oral or written views of all interested persons, the Commission shall
make its decision at the same meeting or at a specified future date and
send its recommendation to the Council. No new notice need be given for
hearings, which are continued by the Commission to a specified future
date. The Commission shall recommend approval by the Council upon
finding that the proposed development:
a. is consistent with the Comprehensive Plan;
b. is consistent with the Preliminary Development Site Plan as approved
and modified by the Council and contains the Council imposed
conditions to the extent the conditions can be complied with by the
Final Development Site Plan.
c. will not be detrimental to properties surrounding the tract;
d. will not result in an overly intensive land use;
e. will not result in undue traffic congestion or traffic hazards;
f. conforms to the provisions of this Section and other applicable
provisions of this Code; and
g. provides a proper relationship between the proposed improvements,
existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to
include a favorable finding on each of the foregoing matters even if not
23
specifically set out in the approval resolution or the minutes of the
Commission meeting.
6. Council Hearing and Decision; Overall Rezoning. Within-68-days After the
recommendation on the Overall Development Site Plan by the
Commission, the Council shall conduct a public hearing on the Overall
Development Site Plan in conjunction with the rezoning in the same
manner and with the same notices as required for preliminary rezoning
approval. After hearing the oral and written views of all interested persons,
the Council may accept or reject the findings of the Commission and
thereby approve or disapprove the Overall Development Site Plan. Final
approval shall require a four-fifths favorable vote of all members of the
Council. Approval may be made subject to modifications and conditions
which, together with the Council's modifications and conditions at the time
of preliminary rezoning approval and not done and fulfilled by the Overall
Development Site Plan, must be fulfilled and met, to the satisfaction of the
Planner, before the final approval becomes effective.
Approval of the Overall Development Site Plan shall also constitute final
rezoning of the tract included in the plans. The publication of the
amendment effecting the zoning change shall thereby be authorized, but
no final rezoning or publication shall be effective or done until the
modifications and conditions, if any, made by the Council have been met
and fulfilled to the satisfaction of the Planner.
7. Exceptions From Requirements. The Council may authorize exceptions
from otherwise applicable requirements in the proposed district in
connection with and at the same time as Final Site Plan approval or
Overall Rezoning approval.
8. Filing. The approved Overall Development Plan and approved Final Site
Plan shall be filed in the Planning Department.
9. Final Site Plan Approval. Multiple phase developments shall be subject to
Final Site Plan review and action by the Commission and Council in the
same manner as they review and act on the Overall Development Site
Plan, except that a three-fifths favorable vote of the Council shall be
required for approval. The installation of a sign as required by Paragraph
B of Subd. 2 of this Subsection shall be required prior to consideration of a
Final Site Plan by the Commission. Single phase developments shall
include all information required for Final Site Plan approval at the time of
Overall Development Site Plan review. Overall Development Site Plan
approval shall also constitute Final Site Plan approval. Final Site Plan
approval shall include all required information and data delineated on the
Overall Development Site Plan and, in addition, the following data and
information:
24
a. the exact location and elevation drawings of all existing and proposed
structures in the proposed phase including a description of existing and
proposed exterior building materials;
b. a landscape plan and schedule in accordance with Subsection 850.10;
c. the locations, dimensions and design features of all proposed streets,
driveways, vehicular entrances and exits, driveway intersections with
streets, parking areas, loading areas, maneuvering areas and
sidewalks, together with dimensions and locations of all existing and
proposed public and private easements;
d. location of all existing, and preliminary layout and design of all
proposed, water mains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and
proposed public and private easements;
e. any other information necessary, in the opinion of the Planner, to
evaluate the plans and ensure compliance with requirements of this
Section and other applicable sections of this Code; and
f. demonstrate that the Final Site Plan shall be consistent with the
Overall Development Site Plan as approved and modified by the
Council and containing the conditions imposed by the Council to the
extent such conditions can be complied with by the Final Site Plans.
10. Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and in full
compliance with this Section and other applicable provisions of this Code.
Applications for building permits shall be reviewed by the Planner prior to
issuance of such permits to determine if they conform to the provisions of
this Section, the approved Final Site Plan, as modified by, and with the
conditions made by, the Council, and other applicable sections of this
Code.
11. Changes to Approved Overall Dcwclopment Site Plan and Final Site Plan.
Minor changes in the location and placement of buildings or other
improvements due to unforeseen circumstances may be authorized by the
Planner. Proposed changes to the approved Overall Development Site
Plan or Final Site Plan affecting structural types, building location, building
coverage, mass intensity or height, allocation of open space and all other
changes which affect the overall design of the property shall be acted on,
reviewed and processed by the Commission and Council in the same
manner as they reviewed and processed the Final Site Plan.
25
E. Procedure for Rezoning to a Planned Unit Development (PUD) District.
1. Purpose and Intent. The purpose of the PUD District is to provide
comprehensive procedures and standards intended to allow more
creativity and flexibility in site plan design than would be possible
under a conventional zoning district. The decision to zone property
to PUD is a public policy decision for the city council to make in its
legislative capacity. The purpose and intent of a PUD is to include
most or all of the following:
a. Provide for the establishment of PUD (planned unit
development) zoning districts in appropriate settings and
situations to create or maintain a development pattern that is
consistent with the city's comprehensive plan.
b. Promote a more creative and efficient approach to land use
within the city, while at the same time protecting and
promoting the health, safety, comfort, aesthetics, economic
viability, and general welfare of the city.
c. Provide for variations to the strict application of the land use
regulations in order to improve site design and operation,
while at the same time incorporate design elements that
exceed the city's standards to offset the effect of any
variations. Desired design elements may include:
sustainable design, greater utilization of new technologies in
building design, special construction materials, landscaping,
lighting, stormwater management, pedestrian oriented
design, and podium height at a street or transition to
residential neighborhoods, parks or other sensitive uses.
d. Ensure high quality of design and design compatible with
surrounding land uses, including both existing and planned.
e. Maintain or improve the efficiency of public streets and
utilities.
f. Preserve and enhance site characteristics including natural
features, wetland protection, trees, open space, scenic
views, and screening.
g. Allow for mixing of land uses within a development.
h. Encourage a variety of housing types including affordable
housing.
26
Ensure the establishment of appropriate transitions between
differing land uses.
2. Applicability/Criteria
a. Uses. All permitted uses, permitted accessory uses,
conditional uses, and uses allowed by administrative permit
contained in the various zoning districts defined in Section
850 of this title shall be treated as potentially allowable uses
within a PUD district, provided they would be allowable on
the site under the comprehensive plan. Property currently
zoned R-1, R-2 and PRD-1 shall not be eligible for a PUD
b. Eligibility Standards. To be eligible for a PUD district, all
development should be in compliance with the following:
Where the site of a proposed PUD is designated for
more than one land use in the comprehensive plan,
city may require that the PUD include all the land
uses so designated or such combination of the
designated uses as the city council shall deem
appropriate to achieve the purposes of this ordinance
and the comprehensive plan.
The city may utilize incentives to encourage the
construction of projects which are consistent with the
city's housing goals. Incentives may include
modification of density and floor area ratio
requirements for developments providing affordable
housing. Incentives may be approved by the city only
after the developer and city have entered into an
agreement to ensure that the low or moderate cost
units remain available to persons of low or moderate
income for a specific period of time.
iii. Any PUD which involves a single land use type or
housing type may be permitted provided that it is
otherwise consistent with the objectives of this
ordinance and the comprehensive plan.
iv. Permitted densities may be specifically stated in the
appropriate planned development designation and
shall be in general conformance with the
comprehensive plan.
27
v. The setback regulation, building coverage and floor
area ratio of the most closely related conventional
zoning district shall be considered presumptively
appropriate, but may be departed from to accomplish
the purpose and intent described in #1 above.
3. Procedures
a. Pre-Application Conference: Prior to filing of an application
for PUD, the applicant must arrange for and attend a
conference with city staff. The primary purpose of the
conference shall be to provide the applicant with an
opportunity to gather information and obtain guidance as to
the general suitability of the proposal for the area for which it
is proposed and its conformity to the provisions of this title
before incurring substantial expense in the preparation of
plans, surveys and other data.
b. Pre-Application Sketch Review: Prior to filing of a PUD, the
applicant is strongly encouraged to submit a sketch plan of
the project to the City Planner. The plan shall be conceptual
but shall be processed according to the information
requirements, standards and procedures for sketch plans
established by Section 850.04 of this Chapter. The submittal
shall include a statement providing justification for the PUD,
including but not limited to the intended utilization of the
items listed in the Purpose and Intent, and Criteria above.
c. Planning Commission and City Council Review: The Planner
shall refer the sketch plan to the Planning Commission and
City Council for discussion, review, and informal comment.
Any opinions or comments provided to the applicant by the
Planner, Planning Commission, and City Council shall be
considered advisory only and shall not constitute a binding
decision on the request. There shall be no official application
made for a sketch plan. It is an informal review and comment
by planning commission and city council.
d. Preliminary Development Plan & Preliminary Rezoning.
Preliminary Development Plan submissions may depict and
outline the proposed implementation of the sketch plan for
the PUD. The Preliminary Development Plan submissions
shall include, but not be limited to, the submission
requirements stipulated in Section 850.04. Subd. 3. (Site
Plan Review.) Preliminary Rezoning procedure is stipulated
in Section 850.04 Subd. 4.
28
e. Final Development Plan & Final Rezoning. After approval of
the Preliminary Development Plan, the applicant may apply
for a Final Development Plan and Final Rezoning approval
for all or a portion of the PUD. The Final Development Plan
submissions shall include, but not be limited to, the
submission requirements stipulated in Section 850.04. (Site
Plan Review.) Final Rezoning procedure is stipulated in
Section 850.04. Subd. 4.
Final Rezoning to PUD becomes official upon adoption of an
ordinance rezoning the property.
F. Procedure for Rezoning to Single Dwelling Unit District, Double Dwelling
Unit District and Automobile Parking District.
1. Commission Review and Hearing. Within 45 days After receipt-by-the
substance-acceptable to the Planner;The Planner will review the petition
and the other information provided by the petitioner, and forward a report
to the Commission. The Commission shall conduct a public hearing
regarding the petition. A notice of the date, time, place and purpose of the
hearing shall be published in the official newspaper of the City at least ten
days prior to the date of the hearing. A similar notice of hearing shall be
mailed at least ten days before the date of the hearing to each owner of
property situated wholly or partly within 1,000 feet of the tract to which the
petition relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the
Assessor or from other appropriate records. After reviewing the report of
the Planner and hearing the oral or written views of all interested persons,
the Commission shall make its decision at the same meeting or at a
specified future date and send its recommendation to the Council. No new
notice need be given for hearings, which are continued by the
Commission to a specified future date.
2. Council Hearing and Decision; Preliminary Rezoning Approval. Upon
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public
hearing regarding the petition. The hearing shall be held not later than 60
days after the date of the recommendation by the Commission. A notice of
the date, time, place and purpose of the hearing shall be published in the
official newspaper of the City at least ten days prior to the date of the
hearing. A similar notice of hearing shall be mailed at least ten days
before the date of the hearing to each owner of property situated wholly or
partly within 500 feet of the tract to which the petition relates, insofar as
the names and addresses of such owners can reasonably be determined
29
by the Clerk from records maintained by the Assessor. After hearing the
oral and written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future date. No new notice
need be given for hearings which are continued to a specified future date.
An affirmative vote of three-fifths of all members of the Council shall be
required to grant preliminary rezoning approval. Provided, however, a
rezoning from any residential zoning district to any nonresidential zoning
district shall require an affirmative vote of four-fifths of all members of the
Council. In granting preliminary rezoning approval, the Council may make
modifications to, and impose conditions on, the proposed rezoning.
3. Final Rezoning Approval. Upon request of the Planner, Manager or
petitioner, after preliminary rezoning approval has been granted and after
the modifications and conditions made and imposed by the Council have
been met and fulfilled to the satisfaction of the Planner, the Council shall
place the petition on its agenda and shall consider final rezoning approval.
An affirmative vote of three-fifths of all members of the Council shall be
required to grant final rezoning approval. Provided, however, a rezoning
from any residential zoning district to any nonresidential zoning district
shall require an affirmative vote of four-fifths of all members of the Council.
Final rezoning approval shall include authorization to publish the
amendment effecting the zoning change. Approval may be made subject
to modifications and conditions which must be fulfilled and met, to the
satisfaction of the Planner, before the final approval becomes effective
and before the amendment is published.
G. One Year Limitation on Preliminary Rezoning Approval. Any petition which
has not been granted final rezoning approval by the Council within one year
after the date it received preliminary approval, shall be deemed rejected by
the Council and the petition must again be filed, processed and approved
pursuant to this Section as if it were a new petition.
G.N. Restriction on Rezoning After Denial of Petition. After the Council has
denied a petition for rezoning, the owner of the tract to which the petition
related may not file a new petition for a period of one year following the date
of such denial for transferring the same tract, or any part, to the same
district or subdistrict (if the district has been divided into subdistricts) to
which such transfer was previously denied. Provided, however, that such
petition may be filed if so directed by the Council on a three-fifths favorable
vote of all members of the Council after presentation to the Council of
evidence of a change of facts or circumstances affecting the tract.
Hi. Lapse of Rezoning by Non-User. If a building permit (if one is required) has
not been obtained, and if the erection or alteration of a building, as described
in the petition, has not begun, within two years after final rezoning approval of
the tract by the Council, then the Commission, at any time and until the
30
building permit is obtained and the erection or alteration begun, may review
the zoning classification of the tract to determine if it continues to conform
with the Comprehensive Plan. Based upon the review, the Commission may
recommend to the Council that the final rezoning approval of the tract as
previously granted be rescinded and become null and void, or that the tract
be transferred to a different zoning district. The recom-mendation of the
Commission shall be presented to the Council for hearing and decision, and
notice shall be given in the same manner as is then required for an original
petition for rezoning as provided by this Section. The Council may accept or
reject the recommendation of the Commission and rescind the previously
granted final rezoning approval, transfer the tract to a different zoning district,
or reaffirm the final rezoning approval previously granted.
Subd. 5 Conditional Use Permits.
A. Initiation of Conditional Use Permit.
An application for a conditional use permit may be initiated by the owner or
owners of the lot or building in question.
1. The application shall be on forms provided by the Planner and shall be
submitted with required plans, data and information, and such other
information as, in the opinion of the Planner, is necessary for evaluation of
the application. The application shall be accompanied by the fee set forth
in Section 185 of this Code.
B. Sign. All provisions and requirements in this Subsection relating to erection of
a sign in connection with a rezoning of property shall apply to the applicant for
a conditional use permit, and the applicant shall comply with all such
provisions and requirements, except that the sign shall state that a conditional
use permit is proposed for the property instead of rezoning.
C. Application Data.
1. If the conditional use permit is requested to allow a principal or accessory
use that requires the construction of a new building or accessory use
facilities, or additions or enlargements to an existing building or accessory
use facilities, the application shall be drawn to a scale acceptable to the
Planner, and be accompanied by plans containing the following data and
information:
a. elevation drawings of all new buildings or accessory use facilities, or
additions and enlargements to existing buildings or accessory use
facilities, including a description of existing and proposed exterior
building materials;
31
b. the location, dimensions and other pertinent information as to all
proposed and existing buildings, structures and other improvements,
streets, alleys, driveways, parking areas, loading areas and sidewalks;
c. a landscape plan and schedule in accordance with Subsection 850.10;
d. a floor plan showing the location, arrangement and floor area of
existing and proposed uses; and
e. any other information required, in the opinion of the Planner, to
evaluate the application, to determine consistency with the
Comprehensive Plan, and to ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
2. If the conditional use permit is requested to allow a principal or accessory
use that does not require construction of a new building or accessory use
facilities, or additions or enlargements to an existing building or accessory
use facilities, the application shall be accompanied by plans showing:
a. the location, arrangement and floor area of existing and proposed
uses;
b. the location, dimensions and other pertinent information as to all
buildings, structures, streets, alleys, driveways, parking areas, loading
areas, sidewalks and landscaping; and
c. any other information required, in the opinion of the Planner, to
evaluate the application, determine consistency, with the
Comprehensive Plan, and ensure compliance with the requirements
contained in this Section and other applicable provisions of this Code.
D. Commission Review and Hearing. Within 45 days after receipt by the Planner
of the application, fee and all other required information, in form and
substance acceptable to the Planner, the Planner will review the application
and the other information provided by the petitioner, and forward a report to
the Commission. The Commission shall conduct a public hearing regarding
the application. A notice of the date, time, place and purpose of the hearing
shall be published in the official newspaper of the City at least ten days prior
to the date of the hearing. A similar notice of hearing shall be mailed at least
ten days before the date of the hearing to each owner of property situated
wholly or partly within 1,000 feet of the tract to which the petition relates
insofar as the names and addresses of such owners can reasonably be
determined by the Clerk from records maintained by the Assessor or from
other appropriate records. After reviewing the report of the Planner and
hearing the oral or written views of all interested persons, the Commission
32
shall make its decision at the same meeting or at a specified future date and
send its recommendation to the Council. No new notice need be given for
hearings, which are continued by the Commission to a specified future date.
E. City Council Hearing and Decision. Upon request of the Planner, Manager or
applicant, and after review and recommendation by the Commission, the
Council shall conduct a public hearing regarding the application. The hearing
shall be held not later than 60 days after the date of the recommendation by
the Commission. A notice of the date, time, place and purpose of the hearing
shall be published in the official newspaper of the City at least ten days prior
to the date of the hearing. A similar notice of hearing shall be mailed at least
ten days before the date of the hearing to each owner of property situated
wholly or partly within 1,000 feet of the tract to which the application relates
insofar as the names and addresses of such owners can reasonably be
determined by the Clerk from records maintained by the Assessor. After
hearing the oral and written views of all interested persons, the Council shall
make its decision at the same meeting or at a specified future date. No new
notice need be given for hearings which are continued to a specified future
date. The Council shall not grant a conditional use permit unless it finds that
the establishment, maintenance and operation of the use:
welfare;
1. Does not have an undue adverse impact on governmental facilities,
es,
utilities, services or existing or proposed improvements;
2. A •. .. . - . •. - - ••- •- - - , .e•e- -• - -- - • - -- ;
Will generate traffic within the capabilities of the streets serving the
property;
•- . e:-. • - •- 'sinity1-and-will-not-lie a nuisance;
3. Does not have an undue adverse impact on the public health, safety or
welfare.
4. Will not impede the normal and orderly development and improvement of
other property in the vicinity;
•- _ - . • - - • - -- - • es -- , -- • •e -er public
fasilifies;
5. 6: Conforms to the applicable restrictions and special conditions of the
district in which it is located as imposed by this Section; and
33
6. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of
all members of the Council. A favorable vote by the Council shall be deemed
to include a favorable finding on each of the foregoing matters even if not
specifically set out in the approval resolution or the minutes of the Council
meeting.
F. Conditions and Restrictions. The Commission may recommend that the
Council impose, and the Council with or without such recommendation may
impose, conditions and restrictions upon the establishment, location,
construction, maintenance, operation or duration of the use as deemed
necessary for the protection of the public interest and adjacent properties, to
ensure compliance with the requirements of this Section and other applicable
provisions of this Code, and to ensure consistency with the Comprehensive
Plan. The Council may require such evidence and guarantees as it may deem
necessary to secure compliance with any conditions imposed. No use shall
be established or maintained, and no building or other permit for establishing
or maintaining such use shall be granted, until the applicant has met and
fulfilled all conditions imposed by the Council to the satisfaction of the
Planner.
G. Expansions of Conditional Uses. No use allowed by conditional use permit, or
any building or structure accessory thereto, shall be increased in gross floor
area or height, nor shall any off-street parking facilities accessory to the
building or structure be enlarged in surface area to accommodate additional
automobiles, without first obtaining, in each instance, a conditional use
permit.
H. Restriction on Resubmission After Denial. No application for a conditional use
permit which has been denied by the Council shall be resubmitted for a period
of one year following the date of the denial by the Council. Provided,
however, that the application may be resubmitted if so directed by the Council
on a three-fifths favorable vote of all members of the Council after
presentation to the Council of evidence of a change of facts or circumstances
affecting the proposed use or tract on which it is to be located.
I. Lapse of Conditional Use Permit by Non-User, Extension of Time.
1. If no use allowed by the conditional use permit has begun within two years
from the granting of the conditional use permit, the conditional use permit
shall become null and void unless a petition for extension of time has been
granted.
34
2. A petition for extension shall be in writing and filed with the Clerk within
two years from the granting of the conditional use permit. The petition for
extension shall state facts showing a good faith attempt to use the
conditional use permit and shall state the additional time requested to
begin the use. The petition shall be presented to the Council for hearing
and decision in the same manner as then required for an original
application. The Council may grant an extension of the conditional use
permit for up to one year upon finding that:
a. a good faith attempt to use the conditional use permit has been made,
b. there is a reasonable expectation that the conditional use permit will be
used during the extension, and
c. the facts which were the basis for the findings under which the original
conditional use permit was granted have not materially changed. No
more than one extension shall be granted. For purposes of this
paragraph, a use shall be deemed begun when all work described in
the original application, or information provided, has been completed
and has received final City approvals and the use is operating for the
purposes described in the original application.
J. Filing of Conditional Use Permit. If a conditional use permit is granted, the
applicant, at the applicant's expense, shall duly file or record the permit in the
proper office to give constructive notice of it. A verified copy of the permit,
with the recording data on it, shall be delivered to the Planner. The Council
may require that the permit be so recorded or filed, and the verified copy
delivered to the Planner, before the permit shall become effective.
Subd. 5 - • _ _ . _ . •* • - - • • •••
A. Purpose. The purpose of temporary-conditional-use permits is to allow
d' . . - • . e - - - e -:•e .- - •d-operate-permitted
customary home occupations in their residence by means of such variances
fromthe-cone .• e • . ' - '••e e . . •• _ :• :• - .• e....- •-• -
the Council deems necessary and appropriate to allow such persons to
properly conduct and-operate such-occupation from-their residence—Tie
Council hereby finds and determines that it is in the best interests of the City
ane . - e - - de-a-prsc- - •e ••-- •••• • - e -: :- •
-
.- • —- •. . •- • - •• e•• •-• - .- and thereby become or
remain--productive-and-gainfully employed, and--thau-the-granting-of-conditional
use-permits purs.. • - •' _. :-'.' '-• .•_' - -••- - • - - '. • - • . -
morals-and-general s and-generall welfare of the City, and its citizens. However, disabled
residents-who do not-n- - •. e•• •••:• • • ••• e e - e . -ection
.- .••. • •.••• • - ••• •eed-not, and are not required to, obtain a
oo erm-it-pursuant to this Subdivision.-
35
B. Conditional Use P�sions Apply All the provisions of paragraphs-D. ani
of S_e e, • e •' .. e -et-ion-850.0'1 re _ '. _ •- ' .. •.- euse permits shall-ae e e -••** - .. :' 'enal use permits issued pursuant
to-this Subdivision, except a„-specifically-Shang-a : . __.. .'
C. Appl+__ 'e- -,•: e •- .
1—An-application for a temporary conditional-use-permit may be-initiated-by
the occupant of the resi ich-the horn- - • '-• ' e :-
residence.
-residence. The application shall be acsenmpanigd by the fee set forth in
Section 185 of this Code:
2. Th- -== - - - -••ee _ • _ -- .. - -- -• - - -
•
- e = -e- •e•- • - • - -on
a,--a-letter-{which-shall-be dated-not-earlier than 30 days prior to the date
of-the application)-from-the appl+_. • ' -•e'•_ e• . - l
be duly licensed to practice medicin- '• •- . . • '.g—that—the
applicant-is-p- . '.. .e - _ _- _ _ -e - •• e. _ •-
applicant's residence;
b---the specific home occupation proposed by the applicant, including-the
expected number o .•. - - - *--**• - •e - • . . '•g unit by
in:•.•_ ._ _ •- •_ •- - • _ -- •:me expected to be
generated by the home occupation, the number of hours per day and
the number-of days per-week-the-home-occupation will operate;
c. any proposed interior or exterior alterations to the dwelling unit
necessary due to the propos-5 •- •- - • -•; - •
. _ • • _ - •_• _ e, • __••'on of the Planner, to
- • __ - •- . :: '__ "en, to determine consistency with the
Cempreh-• '. - - _•, - •: -• . - _empliance with the requirements
contained in this Sectio• . •_ •- . .. '_. . - _ _ _• _ • _:de.
3. The-erection ofasic, • .•- •_ _ _' _ •- -_ —. •e•_ ' • -e
application for a temporary conditional use permit.
4,--Notice-of-hearing-before-the Council shall-bc published-and---mailed-as
provided in paragraph E. of Sue:. : - -: -. •e• :-9.14 - .-e .t
mailed notice shall b- e -• _• _ : • -- e _ e e-• • -- -e _ er
partly-within 350 foot of-the pro* e • -- - .e '-- •- - - - .
D. Conditions and Findings.
36
- _ . e e _ ._ _ •. _ •- -• - --unit, the Council must
make-the-same-findings as set fo- • "• e. .e _ e• . = -- es.' e f-this
Subsection 850.04,
2. In order to grant a temporary-conditional--use--permit, the Council must also
find that th- : e:e -5. •_ •- - - ion complies with the conditions-of
paragraph A. of Subd. 4 of Subsection 850.07, provided, however, that:
a,—the Council may grant-a-variance of-a• • -e•- - • e- -= -e- '. -
Subs. ' _ -_ _ _ • :.5.5 , ' ••-d-n-_ _ e •- _euncil to
5- ••• •- - ee -- e e _ee4yGe _ - - - .5•5 .- •e-proposed
home occupatie _ ' •- __.•. _ •. . .• - - • " •ot negate
or violate—any—of—the findings-to be made pursuant to paragraph E. of
Subd. 4 of this Subsection 850.0 -and
b. the-maximum-number of automobile trips to the dwelling-unit-4'4411e
applicant-by-individuals o • _ • ' - _-• _ -- . . . -
of such home occupation-may—be—increased-by-the Council from ten
per-wee e - • - ••• -•• _ -• e- • e th the
granting of the permit.
3. Any permit granted pursuant-to-this Subdivision-850,04 shall remain in
- • - , •e - •- - •• - -- - •der other-provisions-of-this-Section, only
-- • e• • -- e•e - -- - es _.ntis-p• . •_ _ • . .
ployed full time outsi:- _ -- _ _ _ •--- ' - 'dence
b. that the findings made by the Council as set forth in paragraph E. of
Sub ction 850.04 co• - • " •_ - _ - - _ _ _ •e••
and
c. that the con: : s. __ .e• e ____. • _ _ __ _ •_• :_'.'
vari-- - • - •- - e - ee •- -e-•-• - - •e - -
E. Duration and Review of Permits.
••• ' --_ e ursuant to this Sub main-in-effect-only
co long-as-the conditions set out-in-subparagraph 3. of paragraph D. of
•• __ ::. _ - - :: -• -d-and-not violated.
2,-The Coun_' - -• - ••• - e. .. • e •'- - - =d:-5-on
the first anniversary of the effective date of thT the--permi
anniversary (i.e., every other y ar) of thr. ffcctive date ofthe-permit-to
37
determine ' onditions are not b-•-* s e - e - e-'•:
vielated—SSush-review-shaft-be made at a publi_ • . '•e, _ '. _ -
chall be published and mailed in the same-manner as notice-would-then
be-g'. -• .•e- •• -ection for a then new conditional use permit. All
••- . - - :, - -c Council shall recc' - . .• .- . •d
information as it deems necessacy-or-desirabl-, e _ _ •_ - ' '•:, _ -
hearing--and-continuations of th- •-. '•e. , _ •e-heari-ncjEer a
continuation thereof, the Council-concludes, by resolution, that one or
more oftheconditi:• - _• - --.-. .: - e• . - :- .e - e• !, _ ••
Subdivision-are-not being observed-or--are--b-'•: . - - :, •-• •• --_•oil
may-direct-the-Manage e '• ' . - e e.--e••: _ -yoke-the-permit as
provided in-Sub:. ! - --: -,. •e• :-' e •- : -,te••- e s .
shall-not-prevent •
•
the City f :•- - - _' ••_ - •• - - - e - •-• :
. • .e••• ••• .. _ '_-_ - e . • • Gond-itional-use-pe •-' .. •-
9661-}r-
F. All Districts. Customary home occupat e• -_ _ __ _ _ . __ _ -••:: _
conditional use permits issued under this Subd. 5 shall be allowed as a
conditional use in all distri. • • ••. _ _ _ - - - _ .
Subd. 6 Fees and Charges.
A. Petitions and Applications. Each petition or application filed with or submitted
to the City pursuant to this Section shall not be deemed filed or submitted,
and the City shall have no duty to process it, to act on it or respond to it,
unless and until there is paid to the City the applicable fee for such petition or
application, as then required by Section 185 of this Code. This paragraph
shall not apply to petitions or applications filed or submitted by the Council,
the Commission or any City official in its official capacity.
B. Administrative Expenses and Attorneys' Fees. Each petitioner and applicant,
by filing or submitting a petition or application, shall have agreed to pay all
administrative expenses and attorneys'fees, with interest and costs as
provided, incurred by the City in connection with or as a result of reviewing
and acting on such petition or application. If more than one person signs a
petition or application, all such signers shall be jointly and severally liable for
such expenses and fees, with interest and costs as provided. The expenses
and fees to be paid to the City pursuant to this paragraph shall be payable
upon demand made by the City, and if not paid within five days after such
demand, shall bear interest from the date of demand until paid at a rate equal
to the lesser of the highest interest rate allowed by law or two percentage
points in excess of the reference rate. The petitioners and applicants shall
also pay all costs, including attorneys' fees, incurred by the City in collecting
the expenses, fees and interest, with interest on the costs of collection from
the dates incurred until paid, at the same interest rate as is payable on the
expenses and fees. For purposes of this paragraph, reference rate shall
38
mean the rate publicly announced from time to time by First Edina National
Bank, or any successor, as its reference rate, and if the bank, or its
successor, ceases publicly announcing its reference rate, reference rate shall
mean the interest rate charged from time to time by the bank on 90-day
unsecured business loans to its most credit-worthy customers.
Subd. 7 Mailed Notice.
Whenever this Section requires or permits mailed notice to property owners,
the failure to give mailed notice, or defects in the notice, shall not invalidate
the proceedings, provided a good faith attempt to comply with the applicable
notice requirements was made. Any appropriate records may be used by the
person responsible for mailing the notice to determine names and addresses
of owners.
Subd. 8 Evidence of Ownership.
If, in connection with any petition or application, the Planner requests
evidence of ownership of the property to which the petition or application
relates, the petitioner or applicant shall obtain, at the petitioner's or applicant's
expense, and deliver to the Planner, a title opinion from an attorney
acceptable to the Planner, or other evidence of such ownership acceptable to
the Planner, in each case addressed to the City. Also, if so requested by the
Planner, the petitioner or applicant shall obtain a written consent to the
petition or application by all owners of such property as shown by the title
opinion or other evidence of ownership and, if the request is made, the City
shall have no duty to process, or to act on or respond to, such petition or
application until such consents are delivered to the Planner.
Subd. 9 Violation, Penalty, Remedies.
A. Misdemeanor. Any owner or lessee of an entire building or property in or
upon which a violation has been committed or shall exist, or any owner or
lessee of that part of the building or property in or upon which a violation has
been committed or shall exist, shall be guilty of a misdemeanor and subject to
the penalties and remedies provided in Subsection 100.09 of this Code.
B. Civil Penalty. Any such person who, after being served with an order to
remove any such violation, shall fail to comply with the order within ten days
after being served, or shall continue to violate any provision of the regulations
made under authority of this Section in the respect named in such order, shall
also be subject to a civil penalty of not to exceed $500.
C. Violation of Conditions in Conditional Use Permits. If any person violates any
condition or restriction imposed by the Council in connection with the grant or
issuance of a conditional use permit, the City, in addition to other remedies
39
available to it as provided in this Subdivision, may revoke the permit and all
rights attributable to such permit. Revocation shall be done in the following
manner:
1. The Manager or Planner shall notify the owner and occupant of the
property to which such permit exists insofar as the names and addresses
of such owner and occupant can reasonably be determined by the Clerk
from records maintained by the Assessor, of the violation and request
removal within a stated period, but not less than five days.
2. If the violation is not removed within the stated period, the Manager or
Planner shall submit a report on the matter to the Council and request a
hearing.
3. The Council, upon receipt of the report, shall set a hearing date, and
notice shall be given to the owner and occupant at least ten days prior to
the hearing.
4. After receiving the oral and written views of all interested persons, the
Council shall make its decision at the same meeting or at a specified
future date.
5. If the hearing is continued to a specified future date, no new notice need
be given. If such permit is revoked by the Council, all use, activity and
rights allowed by and attributable to such permit shall immediately cease.
Section 2. Sub Section 850.09 and 850.10 are hereby amended to add the
following:
850.09 Districts. For the purposes of this Section, the City shall be divided into
the following zoning districts:
Single Dwelling Unit District (R-1)
Double Dwelling Unit District (R-2)
Planned Residence District (PRD and PSR)
Mixed Development District (MDD)
Planned Office District (POD)
Planned Commercial District (PCD)
Planned Industrial District (PID)
Regional Medical District (RMD)
Automobile Parking District (APD)
Heritage Preservation Overlay District (HPD)
Floodplain Overlay District (FD)
Planned Unit Development District (PUD)
40
850.10 District Boundaries. The boundaries of all such districts except the
Floodplain Overlay District, shall be as shown in the official Zoning Map entitled
"Official Zoning Map", a composite copy of, which reduced in size, is appended
to this Code. The Official Zoning Map, with all explanatory information, is adopted
by reference and declared to be a part of this Code. The boundaries shown on
the Official Zoning Map may be changed by amendment to this Section. The
Official Zoning Map shall be on file in the office of the Planning Department and
shall be open to public inspection during normal business hours of the City. The
boundaries of the Floodplain Overlay District shall be as shown on the Official
Floodplain Zoning Map described and identified in Subsection 850.21, as such
map is to be interpreted and used as provided in Subsection 850.21.
41