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.
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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.
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(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.
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(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.
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(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,
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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.
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(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.
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(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.
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(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)
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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
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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
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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).
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(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.
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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.
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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
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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.
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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,
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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
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