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HomeMy Public PortalAbout2809/14/94 CITY OF MEDINA ORDINANCE NO. 280 AN ORDINANCE AMENDING SECTIONS 825, 826 AND 827 OF THE CITY'S ZONING ORDINANCE TO INCLUDE A DEFINITION FOR AND REVISED PLANNED UNIT DEVELOPMENT PROVISIONS. The City Council of the City of Medina ordains as follows: Section I Section 825.07. Definitions is amended to include the following: Subd. 75.5. Planned Unit Development: (a) As a conditional use permit, a development procedure whereby internal site design standard deviations from this Code may be allowed in order to accommodate two (2) or more principal structures, and/or facilitates improved site design and operation. (b) As a zoning district, a development procedure whereby a mixing of buildings and uses can occur which cannot be otherwise addressed under this Code, and/or whereby internal site design standard deviations from this Code may be allowed to improve site design and operation. Section II Section 826.01 Zoning Districts is amended to include a reference to the following zoning district: Subd. 15. PUD - Planned Unit Development Section III Section 827.24 PUD - Planned Unit Development is amended to add the following: 827.24. PUD - Planned Unit Development District - Purpose Subd. 1 The purpose of the PUD - Planned Unit Development District is to provide for the integration and coordination of land parcels as well as the combination of varying types of residential, commercial and industrial uses. Subd. 2 A11 permitted, permitted accessory, or conditional uses contained in Section 826.07 through Section 826.73 of this Code shall be treated as potentially allowable uses within a PUD District. Subd. 3 Whether requested as a rezoning or initially established by City action alone, a PUD - Planned Unit Development District shall be established and governed subject to the amendment and procedure requirements as outlined in Section 825.35 through Section 825.37, plus the procedures, conditions and standards imposed by Section 827.25 through 827.41 of this Code. Section IV Sections 827.25, 827.27, 827.29, 827.31, 827.33 are amended to repeal the existing text and to substitute with the following language: 827.25. PUD - Planned Unit Development Regulations - Purpose. PUD - Planned Unit Development provisions are established to provide comprehensive procedures and standards designed to allow greater flexibility in the development of neighborhoods and/or non- residential areas by incorporating design modifications as part of a PUD conditional use permit or a mixture of uses when applied to a PUD Zoning District. The PUD process, by allowing deviation from the strict provisions of this Code related to setbacks, lot area, width and depth, yards, etc., is intended to encourage: Subd. 1 Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and placement of structures and by the conservation and more efficient use of land in such developments. Subd. 2 Higher standards of site and building design through the use of trained and experienced land planners, architects, landscape architects and engineers. Subd. 3 More convenience in location and design of development and service facilities. Subd. 4 The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion. Subd. 5 A creative use of land and related physical development which allows a phased and orderly development and use pattern. 2 Subd. 6 An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. Subd. 7 A development pattern in harmony with the objectives of the Medina Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) Subd. 8 A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City. 827.27. Requirements, Conditions and Standards for Approving a PUD Subd. 1 General Standards (a) Review of Application. In its review of any application under this Section, the City Council shall consider comments on the application of those persons appearing before the Council, the report and recommendations of the Planning Commission, and any staff report on the application. The Council also shall evaluate the effects of the proposed project upon the health, safety and welfare of residents of the community and the surrounding area and shall evaluate the projects confoLmance with the overall intent and purpose of this Section. If the Council determines that the proposed project will not be detrimental to the health, safety and welfare of residents of the community and the surrounding area and that the project does conform with the overall intent and purpose of this Section, it may approve a PUD, although it shall not be required to do so. (b) Ownership. An application for a PUD Zoning District or conditional use permit approval must be filed by the land owner or jointly by all land owners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved Final Plan shall be binding on all owners. (c) Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. 3 (d) Medina Sewer Code Consistency. The proposed PUD shall be consistent with the Medina Sewer Code and shall not create a discharge which is in excess of the City's assigned regional limitations. (e) Common Open Space. Common private or public open space and facilities at least sufficient to meet the minimum requirements established in the Comprehensive Plan and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD development. (f) Operating and Maintenance Requirements for PUD Common Open Space Facilities. Whenever common private or public open space or service facilities are provided within the PUD, the PUD shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common private or public open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the City Council: (1) Dedicated to public, where a community -wide use is anticipated and the City Council agrees to accept the dedication. (2) Landlord control, where only use by tenants is anticipated. (3) Property Owners Association, provided all of the following conditions are met: (i) Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building, unit, parcel, tract or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Minnesota Statutes 515, Article 2 and a set of floor plans such as specified by Minnesota Statutes 515, Article 2-110 shall be filed with the City of Medina, said filing with the City to be made prior to the filings of said declaration or document or floor plans with the recording officers of the County. (ii) The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, or tracts shall subject said properties to the terms of said declaration. (iii) The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control. (iv) The declaration shall additionally amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Medina or fails to pay taxes or assessments on properties as they become due and in the event the said City of Medina incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the City of Medina shall have the right to assess each property its prorate share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. (v) Membership must be mandatory for each owner, and any successive buyer. (vi) The open space restrictions must be permanent and not for a given period of years. (vii) The association must be responsible for liability insurance, local taxes, public assessments, and the maintenance of the open space facilities deeded to it. (viii) Property owner must pay their prorate share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. (ix) The association must be able to adjust the assessment to meet changed needs. (g) Staging of Public and Common Open Space. When a PUD provides for common private or public open space, and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. (h) Density. (1) The maximum allowable density in a PUD Zoning District shall be determined by standards negotiated and agreed upon between the applicant and the City. In all cases, the negotiated standards shall be consistent with the development policies as contained in the Medina Comprehensive Plan. Whenever any residential PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds one hundred twenty-five (125) percent of the proposed residential density of the entire PUD. (2) There shall be no density variation from the standards applied in an applicable zoning district for PUD conditional use permits. (i) More than one principal building may be constructed on each platted lot within a PUD. (j) A PUD which involves only one land use or housing type may be allowed, provided that it is otherwise consistent with the stated purposes and objectives of this section. (k) The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivisions may be subject to modifications from the City ordinances generally governing them. The City Council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the City. (1) Utilities. In any PUD, all utilities, including telephone, electricity, gas and telecable shall be installed underground. (m) Public Utility Connections. (1) Water Connections. Where more than one property is served from the same service line, individual unit shut off valves shall be provided as required by the City Engineer. (2) Sewer Connections. Where more than one (1) unit is served by a sanitary sewer lateral which exceeds three hundred (300) feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner. (n) Private Utilities. (1) Septic Systems. All requirements of the Medina Sewer Code shall be followed within a PUD. (2) Wells. A11 well location plans shall be approved by the Zoning Administrator. (o) Roadways. All streets shall conform to the design standards contained in the Medina Subdivision Regulations unless otherwise approved by the City Council. (p) Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as part of the Final Plan. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structure and the overall scheme of the PUD. (q) Setbacks. (1) The front, rearand side yard restrictions on the periphery of the PUD site at a minimum shall be the same as imposed in the respective or applicable zoning district. (2) No building shall be located less than fifteen (15) feet from the back of the curb line along those roadways which are part of the internal street pattern. (3) No building within the project shall be nearer to another building, than one-half (1/2) the sum of the building heights of the two (2) buildings. (r) Height. The maximum building height to be considered within a PUD Zoning District or PUD conditional use permit shall comply with the height standards specified within the applicable zoning districts or the Zoning Ordinance in general. 827.29. Residential Area Standards Subd. 1 Purpose. The purpose of this Section is to establish standards for single family, multiple family, institutional and other residential PUD Zoning District and PUD conditional use permit projects, in addition to those standards contained elsewhere in this Code for all PUD projects. All residential PUD projects shall be developed in accordance with the following -residential area standards: (a) There shall be no minimum lot or area size required for a tract of land for which a PUD Zoning District or PUD conditional use permit is proposed. (b) There shall be no minimum frontage on a public street required for a tract of land for which a PUD is proposed. 8 (c) The tract of land for which a PUD is proposed shall have municipal water and sewer available to it or shall provide approved. well locations and comply with the provisions in the Medina Sewer Code. (d) It is the City's policy to discourage private roadways within a residential PUD. Regardless if roads are private or dedicated to the public, they shall be designed to right-of-way widths and constructed to standards imposed by the Medina Subdivision Regulations. (e) For single family residential PUD Zoning District projects, the normal standards of either the AG, RR, R-1, RR-2, SR and UR zoning districts shall apply to each project, excepting those standards to be modified, as deteLnuined by the City Council and as provided above in Section 827.27, Subd. 1 (a) and (c) . (f) For multiple family residential PUD Zoning District projects, the normal standards of the MR Zoning District shall apply to each project, excepting those standards to be modified, as determined by the City Council and as provided above in Section 827.27, Subd. 1 (a) and (c). (g) In addition to the above standards, the City Council may impose such other standards for a residential PUD as are reasonable and as the Council deems are necessary to protect and promote the general health, safety and welfare of the community and the surrounding area. 827.31. Non -Residential Project Standards Subd. 1 Purpose. The purpose of this Section is to establish standards for non-residential projects, in addition to those standards contained elsewhere in this Code for all PUD projects. A11 non-residential PUD projects shall be developed in accordance with the following area standards: (a) There shall be no minimum lot or area size required for a tract of land for which a PUD Zoning District or PUD conditional use permit is proposed. (b) There shall be no minimum frontage on a public street required for a tract of land for which a PUD is proposed. 9 (c) The tract of land for which a non-residential PUD is proposed shall have municipal water and sewer available to it or shall provide approved well locations and comply with the provisions in the Medina Sewer Code. (d) Off-street parking and loading facilities for a non-residential PUD shall be provided in accordance with Section 828, Zoning -Performance Standards and Enforcement of the Medina City Code. (e) For non-residential PUD Zoning District projects, the normal standardsof either the RC, UC, RI, UI and PS zoning classifications shall apply to each project, excepting those standards to be modified, as determined by the City Council and as provided above in Section 827.27, Subd. 1 (a) and (c) (f) In addition to the above standards, the City Council may impose such other standards for a non- residential PUD as are reasonable and as the Council deems are necessary to protect and promote the general health, safety and welfare of the community and the surrounding area. 827.33. Concept Plan Subd. 1 Application Procedure. (a) As the first step in the review procedure for a PUD, an applicant shall complete and submit to the City an application form for Concept Plan approval, together with a fee as determined by City Council resolution. The applicant shall submit with the application such information as is required by the City and such other information as deemed necessary to explain the general intent of the application. Should Concept Plan approval be granted for a PUD, this approval in no way shall bind the City to subsequent approval of a General Plan of Development. (b) Once an application for Concept Plan approval is complete, the Zoning Administrator shall refer it to the Planning Commission for a public hearing. Notice of such public hearing shall be published in the official newspaper at least ten (10) days in advance of the hearing. A11 property owners within three hundred fifty (350) feet (public right-of-way shall not be included in such measurement) of the subject property shall be notified of this hearing, 10 as listed in the records of the City Assessor, although the failure of any property owner to receive such notification shall not invalidate the proceedings. Notification shall be by mail to all such property owners, shall be given at least ten (10) days in advance of the hearing, and may include a larger geographic area if deemed advisable by the Zoning Administrator. Subd. 2 Information Required. The Concept Plan submitted for a PUD shall include as applicable, but not limited to the following information, which information shall be submitted to the City before the first day of the preceding month of Planning Commission hearing. (a) General Information. (1) The landowner's name and address in the subject property. The applicant's name and address from the landowner. and interest if different The names and addresses of all professional consultants who have contributed to the development of the PUD being submitted, including attorney, land planner, engineer and surveyor. (4) Evidence that applicant has sufficient control over the subject property to effectuate the proposed PUD including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certificate of title, abstract of title, or registered property report, and such other evidence as the City Attorney may require to show the status of title or control of the subject property. (b) Present Status. (1) Address and legal description of subject property. (2) Existing zoning classification and present use of subject property and all lands within one thousand (1,000) feet of subject property. 11 (3) A map depicting existing development of subject property and all land within one thousand (1,000) feet thereof and locations of existing streets, property lines, easements, water mains, wells, storm, sanitary and septic sewer systems, with invert elevations on and within one hundred (100) feet of subject property. (c) A written statement generally describing the proposed PUD and the market which it is intended to serve and the market demand. The statement is also to demonstrate the proposed PUD's relationship to Medina's Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City. (d) Site Conditions. Graphic reproductions of the existing site conditions at a scale acceptable to the Zoning Administrator. (1) Contours - minimum two (2) foot intervals. (2) Location, type and extent of tree cover and vegetation. (3) Slope analysis. (4) Location and extent of water bodies, wetlands and streams and floodplains on and within three hundred (300) feet of the subject property. (5) Significant rock outcroppings. (6) Existing drainage patterns. (7) Vistas and significant views. (8) Soil conditions as they affect development. A11 of the graphics should be the same scale as the final plan to allow each cross reference. The use of overlays is recommended for clear reference. (e) Schematic drawings of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, buildings, structures, and other land uses, and buffering and screening. 12 (f) A statement of the estimated total number of dwelling units or square feet of developed land use activities proposed for the PUD and a tabulation of the proposed approximately allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following as applicable: (1) Area devoted to residential uses. (2) Area devoted to residential use by building type. (3) Approximate area, and floor area, devoted to commercial, industrial, or institutional uses. (4) Area devoted to common open space. (5) Area devoted to public open space. (6) Approximate area devoted to streets. (7) Approximate area devoted to and number of off- street parking and loading spaces and related access. (g) When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and structures/units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage. (h) When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. (i) General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD. (j) Schematic utilities plans indicating placement of water, wells, sanitary, septic and storm sewers. 13 (k) The Zoning Administrator, Planning Commission, and/or City Council may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds such data to be unnecessary to the consideration of the specific proposal. (1) The Zoning Administrator, Planning Commission, and/or City Council may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect or stage thereof. (m) Action by the Planning Commission. (1) The Planning Commission shall hold the public hearing on an application for Concept Plan approval at its first regular meeting following appropriate legal notice as outlined above. The petitioner and/or a representative shall appear before the Planning Commission at this hearing to answer questions regarding the proposed project. (2) Within sixty (60) days following the public hearing on any such application, the Planning Commission shall forward a report on the application to the City Council, and it shall recommend approval of the application as submitted, approval of the application subject to certain modifications or conditions therein, or disapproval of the application. If no action on an application is taken by the Planning Commission within sixty (60) days, and there has been no delay caused or requested by the applicant, the application shall be forwarded to the City Council without comment. (3) Within the peLmitted period of time while an application is under consideration by the Planning Commission an applicant shall be allowed to make such amendments to the proposal as are requested by the City staff or the Planning Commission or as the applicant may desire to effect. An applicant may request a delay in the proceedings before the Planning Commission in order to modify or amend the proposal, but in no event shall any such delay continue the proceedings for a period greater than one hundred twenty (120) 14 days from the date of the initial public hearing thereon. (n) Action by the City Council. (1) Once an application under this Code has been forwarded to the City Council the applicant shall present the proposal before the Council in an open meeting. The City Council, at its discretion, may take additional testimony on the PUD. (2) Within sixty (60) days of its initial meeting on an application, the City Council shall approve the application as originally submitted or as amended, shall approve the application with certain modifications or conditions therein, shall deny the application, shall request amendment of the application, or shall refer the application back to the Planning Commission for further review. If this matter is referred back to the Planning Commission, the Council also shall indicate the controlling standards to be used in further evaluation and planning of the project, in accordance with Section 827.33 hereof. If an application is referred back to the Planning Commission, final Council action thereon shall be taken within sixty (60) days of the date of referral. The affiL1rative vote of two-thirds (2/3) of the full Council shall be required for approval of a Concept Plan for PUD Zoning District projects. Approval of Concept Plans for PUD conditional use permit projects shall require an affirmative simple majority vote of the full Council. 827.35. General Plan of Development Subd. 1 If a request for Concept Plan approval of a PUD has been approved by the City Council, as the next step in the application procedure, an applicant shall submit to the City a General Plan of Development for the proposed project as required herein, together with a fee as determined by City Council resolution. In cases of single stage PUDs or where the applicant wishes to begin the first stage of a multiple stage PUD immediately, the applicant may initially submit General Plan of Development plans and materials for the proposed PUD. In such case, the Planning Commission and City 15 Council shall consider such plans, and grant or deny the General Plan of Development in accordance with the provisions of this Code. Subd. 2 A General Plan of Development for the proposed project shall be submitted to the City within one hundred eighty (180) days of approval of the Concept Plan. Any General Plan of Development which is not submitted by this deadline shall be considered null and void unless at least forty-five (45) days prior to the expiration, the applicant requests an extension of time in writing and the City Council grants the request for good cause. Any extension so granted may be subject to conditions for such period of time not exceeding one hundred eighty (180) days as the City Council deems reasonable. Subd. 3 The General Plan of Development stage submissions should depict and outline the proposed implementations of the Concept Plan for the PUD. Infol.i<<ation from the Concept Plan may be included for background and to provide a basis for the submitted plan. The General Plan of Development stage submissions shall include but not be limited to: (a) Present and possible new zoning classifications required for General Plan of Development submission and any other public decisions necessary for implementation of the proposed plan. (b) Preliminary plans, drawn to scale acceptable to the Zoning Administrator containing at least the following information: (1) Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in the County). (2) Property boundary lines and dimensions of the property and any significant topographical or physical features of the property. (3) The location, size, use and arrangement, including height in stories and feet and total square feet of ground area coverage and floor area, of proposed buildings, including model homes, and existing buildings which will remain, if any. Also all required setback lines shall be depicted. (4) Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading 16 spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. Location, designation and total area of all common private open space and facilities. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. Proposed lots and blocks, if any, and numbering system. The location, use and size of structures and other land uses on adjacent properties. A detailed, drawn to scale, landscape plan including trails and recreational areas with planting specifications showing the areas to be sodded and the location, size and species of all trees and shrubbery to be planted. A survey showing all existing trees inch caliper or greater. General grading and drainage plans developed PUD. A detailed plan illuminating size, and structural specifications for signing and lighting. of six for the location exterior (13) Any other information that may have been required by the City staff, Planning Commission or City Council in conjunction with the approval of the Concept Plan. (c) An accurate legal description of the entire area within the PUD for which General Plan of Development approval is sought. (d) Where applicable, a tabulation indicating the number of residential dwellings units and expected population. (e) Where applicable, a tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning, supermarket). 17 (f) Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed building, including model homes. (g) A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights -of -way, utility lines and facilities, lots, block, public and common private open space, general landscaping plan, structure, including model homes, and uses. (h) A traffic flow plan and analysis. (i) Solid waste disposal procedures and provisions. (j) Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved Concept Plan. (k) A preliminary plat prepared in accordance with the Medina Subdivision Regulations. (1) An environmental impact analysis and soil erosion control plan acceptable to the Watershed District, Department of Natural Resources, Soil Conservation Service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. (m) A statement summarizing all changes, which have been made in any document, plan data or information previously submitted, together with revised copies of such document, plan or data. (n) Such other and further information as the City staff, Planning Commission, or Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof. (o) The Zoning Administrator, Planning Commission, and/or City Council may excuse an applicant from submitting any specific item of information or document required in this Section which it finds to be unnecessary to the consideration of the specific proposal for PUD approval. 18 Subd. 4 Once an application for a General Plan of Development is complete, the Zoning Administrator shall refer it to the Planning Commission for a public hearing. The same notification procedure for this hearing shall be followed as was followed with respect to the applicant's Concept Plan, outlined in Section 827.33 (a) Action by the Planning Commission. (1) The same review procedure by the Planning Commission shall be followed for a General Plan of Development as was followed with respect to the applicant's Concept Plan, outlined above in Section 827.33. (b) Action by the City Council. (1) The same review procedure by the City Council shall be followed for a General Plan of Development as was followed with respect to the applicant's Concept Plan, outlined above in Section 827.33. (2) In addition to the guidelines provided in Section 825.39 Conditional Use Permits; Criteria for Granting Conditional Use PeL1ILits of this Code, the City Council shall base its actions upon the following criteria: (i) Compatibility of the plan with the standards, purposes and intent of this section. (ii) Consistency of the plan with the goals and policies of the comprehensive plan. (iii) The impact of the plan on the neighborhood in which it is to be located. (iv) The adequacy of internal . site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. (3) The affirmative vote of two-thirds (2/3) of the entire Council shall be required for approval of a General Plan of Development for PUD Zoning District projects. General Plan of Development PUD conditional use permit projects require an affiiniative simple majority vote of the full Council. 19 827.37. Final Plan Stage After approval of a Concept Plan for the PUD and approval of a General Plan of Development for all or a section of the proposed PUD, the applicant will submit the following material for review by the Zoning Administrator prior to issuance of a building permit (s) . Subd. 1 Proof of recording any easements and restrictive covenants prior to sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility. Subd. 2 All certificates, seals and signatures required for the dedication of land and recording of documents. Subd. 3 Final architectural working drawings of all structures. Subd. 4 A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a Development Agreement for the installation of such improvements and financial guarantees for the completion of such improvements. Subd. 5 Any other plan, agreements or specifications necessary for the City staff to review the proposed construction. A11 work must be in confoiiiance with the Minnesota State Uniform Building Code. 827.39. PUD Evaluation If periodic review of a PUD is included as a condition to the approval of a PUD, such a project shall be reviewed by the City Council. The City Council, at its discretion, may take additional testimony on the PUD. 827.41. Amendment of a PUD Subd. 1 Application Procedures. As deteLltined by the Zoning Administrator, any substantial deviation or modification from the terms or conditions of an approved PUD or any alteration in a project for which a PUD has been approved shall require an amendment of the original PUD. An application for amendment of the original PUD specifying the proposed variance or alteration shall be submitted to the City, together with a fee established by City Council resolution and such information as is required by the City or as the applicant deems necessary to fully explain the application. Should the applicant request an 20 amendment of a PUD to erect an additional building or buildings, the applicant fee therefor shall be established by City Council resolution. Subd. 2 Action by the Planning Commission and City Council. The same review procedure by the Planning Commission and City Council shall be followed for an amendment of a PUD as was followed with respect to the applicant's Concept Plan, outlined in Section 827.33. 827.43. General Requirements Subd. 1 Records. The Zoning Administrator shall maintain a record of all PUDs issued by the City, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the City Council, and such other infoimation as the Zoning Administrator may deem appropriate. Subd. 2 Withdrawal of an Application. Any application under this Section may be withdrawn by an applicant without prejudice at any time prior to final City Council action thereon. Subd. 3 Resubmission of an Application. Once an application for a PUD has been denied by the City Council, that application may not be resubmitted for a period of one (1) year from the date of such denial. Subd. 4 Cancellation of a PUD. Physical implementation of any approved PUD must begin within one (1) year following City Council approval of the PUD for that project, unless in granting a PUD, the Council shall specify a different period of time for project implementation. Failure to initiate project implementation within the appropriate time period automatically shall cancel the PUD for a project unless an extension of said PUD is approved by the Council prior to the date of cancellation. An existing PUD also shall be cancelled if any rezoning or other action by the City shall occur which supersedes the PUD. Subd. 5 Qualifications of an Applicant. Any application under this Section shall be made only by the owner of the property covered in the application or by a duly authorized representative, provided, however, that an option -holder or a contract -holder also may submit such an application if it is accompanied by a fully executed agreement or document from the property owner stating that there are no objections to the proposed project and the applicant is in fact joining in said application. 21 Subd. 6 Financial Security to Assure Compliance. In order to insure that all improvements contained in a General Plan of Development are completed in accordance with said Plan and to insure that an applicant fully complies with all conditions of a PUD, the applicant may be required to post a surety bond, cash bond or letter of credit guaranteeing the faithful performance of such work and compliance with such conditions. Such security shall be in a form satisfactory to the City Attorney, shall be in an amount established by the City Council, and shall cover each segment of each phase of a PUD as outlined in the General Plan of Development. However, the amount of said security may be reduced or a portion of said bond may be released as specific segments of each phase of development have been completed, upon approval by the City Council. Subd. 7 Platting of a PUD. In the event that any approved PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such a PUD first shall be platted under the platting procedures of the City and Hennepin County in effect at that time. The plat shall be processed according to standards contained in the Medina Subdivision Regulations and in conjunction with the General Plan of Development as outlined in Section 827.35 Subd. 8 Conveyance of Property Within a PUD. In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the General Plan of Development for that project. However, nothing in this Code shall be construed as to make such conveyed property non -conforming with regard to noiiccal zoning standards as long as the conveyed property conforms with the approved PUD and the General Plan of Development for a project. Subd. 9 Issuance of Building Permits. Following approval by the City Council of a PUD and a building permit for the proposed structures within a PUD, the City Building Official shall issue a building permit for such structures in compliance with this Code. Subd. 10 Compliance with Overall Plan. Following Final Plan approval of a PUD, or a stage thereof, the Zoning Administrator, shall at least annually until the completion of development, review all permits issued and construction undertaken and compare actual development with the approved development schedule. If the Zoning Administrator finds that development is not proceeding in accordance with the approved schedule, or if there are minor deviations in the approved Final Plan, 22 he/she shall immediately notify the applicant to correct the situation or accept the changes if they do not substantially alter the intent of the approved Final Plan. If the deviations are substantial and change the intent of the Final Plan approval, the Zoning Administrator shall immediately notify the Council. Within thirty (30) days of such notice, the Council shall either by ordinance or resolution as may be applicable, revoke the PUD and the land shall thereafter be governed by the regulations applicable in the district in which it is located, or shall take such steps as it shall deem necessary to compel compliance with the Final Plan as approved; or shall require the land owner or applicant to seek amendment of the Final Plan. Section V This Ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 4th day of October , 1994. ATTEST: on, Clerk/Treasurer Anne Theis, Mayor Published in the Weekly News , this 27th day of October 1994 23