HomeMy Public PortalAbout317CITY OF MEDINA
ORDINANCE NO.317
AN ORDINANCE ADDING
SECTION 830 TO THE CITY CODE
TITLED PLANNED UNIT DEVELOPMENT 1
AND PLANNED UNIT DEVELOPMENT 2
THE MEDINA CITY COUNCIL ORDAINS as follows:
Section 1.
Section 830 ZONING PLANNED UNIT DEVELOPMENT 1 (PUD 1)
AND PLANNED UNIT DEVELOPMENT 2 (PUD 2) is hereby
established as follows. All other City ordinances and land use
controls shall apply except as specifically regulated in this ordinance.
Section 830.01. Primary Purpose - The City recognizes the unique qualities of two large
parcels on the east side of the City. When these areas are allowed to be developed for residential
use, the sites need protection and the benefit afforded by using creative design. This purpose
section is therefore of the utmost importance since it provides the foundation for the district. No
new development is to be allowed unless found to be consistent and compliant with this purpose
section and all other provisions of the PUD district. This PUD district allows development in the
two areas designated as PUD 1 and PUD 2 in the Comprehensive Plan 2000 — 2020 which:
• RURAL Maintains the rural characteristic of the area.
CHARACTERISTICS
• OPEN SPACE
NATURAL
FEATURES
• HOUSING
• AGRICULTURE
• COMMUNITY
• TRAILS
Preserves open space and natural features, natural
resources, wildlife habitat and requires development
to blend with the environment. In this ordinance,
preservation includes conservation, conservation
includes preservation, and desirable restoration can
be included as part of conservation and preservation.
Allows a diversity of detached single family housing
in neighborhoods having innovative layouts.
Allows some agricultural use of the
property to remain.
Establishes a sense of community by providing
common areas, community buildings, and links.
Provides user friendly trails which provide links
within the neighborhood, and which link the
neighborhood to common areas and adjacent parks.
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" C R E A T I V I T Y
" C O N T R O L S
R e q u i r e s c r e a t i v i t y i n t h e d e s i g n a n d d e v e l o p m e n t
p a t t e r n a n d t h e p u b l i c s e r v i c e s y s t e m o f r o a d s a n d
u t i l i t i e s t o s e r v e t h e d e v e l o p m e n t .
P e r m i t s d e v e l o p m e n t w h i c h d o e s n o t e x c e e d t h e
a l l o w e d n u m b e r o f u n i t s a s s t a t e d i n t h e
C o m p r e h e n s i v e P l a n a n d i n c l u d e s d e v e l o p m e n t
c o n t r o l s p r o v i d e d b y P U D a n d z o n i n g r e g u l a t i o n s ,
c o v e n a n t s , d e d i c a t i o n s a n d l a n d t r a n s f e r s w h i c h
g u a r a n t e e p r o t e c t i o n a n d l i m i t t h e u s e o f p r e s e r v e d
o p e n s p a c e .
S e c t i o n 8 3 0 . 0 2 . S u b - P u r p o s e P U D 1 I n a d d i t i o n t o t h e P r i m a r y P u r p o s e , t h e f o l l o w i n g
p u r p o s e s a p p l y w i t h i n t h e P U D 1 d i s t r i c t .
" R U R A L Q U A L I T Y
" E N V I R O N M E N T
" D E V E L O P M E N T
R u r a l q u a l i t y / c h a r a c t e r i s t i c s a r e e s p e c i a l l y i m p o r t a n t
i n t h i s a r e a , c r e a t i v e u s e o r r e u s e o f p a r t s o f t h e f a r m
s h a l l b e i n c l u d e d .
A p r e m i u m i s p l a c e d o n p r e s e r v i n g t h e s i t e ' s
s e n s i t i v e e n v i r o n m e n t a l q u a l i t i e s i n c l u d i n g c r e e k s ,
d r a i n a g e w a y s , o p e n w a t e r , w e t l a n d s , w o o d l a n d s ,
s l o p e s a n d t o p o g r a p h y .
" W O O D S - P r e s e r v a t i o n o f t h e w o o d l a n d s .
" U N D E R S T O R Y P L A N T S - P r e s e r v e u n d e r s t o r y
p l a n t s i n t h e w o o d s .
" S L O P E - P r e s e r v a t i o n o f t h e s l o p e s a n d n a t u r a l
t o p o g r a p h y .
A c o m b i n a t i o n o f a u n i q u e d e v e l o p m e n t p a t t e r n
P A T T E R N w i t h i n a r u r a l s e t t i n g w h e r e v i e w s a r e p r o t e c t e d .
" B U I L D I N G S
P l a c e m e n t o f b u i l d i n g s w h e r e t h e n a t u r a l c h a r a c t e r i s
p r e s e r v e d , a n d l o c a t e a n d o r i e n t b u i l d i n g s t o p r o t e c t
v i e w s , m i n i m i z e h a r d s u r f a c e , s u p p r e s s g a r a g e
i m p a c t s , a n d p r e v e n t b u i l d i n g c l u t t e r b y p r o h i b i t i n g
o r s e v e r e l y l i m i t i n g a c c e s s o r y b u i l d i n g s .
S e c t i o n 8 3 0 . 0 3 . S u b - P u r p o s e P U D 2 I n a d d i t i o n t o t h e P r i m a r y P u r p o s e , t h e f o l l o w i n g
p u r p o s e s a p p l y w i t h i n t h e P U D 2 d i s t r i c t .
" H O U S I N G E s t a b l i s h s o m e c o m m o n a r e a s a n d - a l l o w a r a n g e o f
h o u s i n g t y p e s .
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" L I N K S - T R A I L S
" W O O D S A N D
T R E E L I N E
" U N D E R S T O R Y
P L A N T S
" H O U S I N G U N I T S
L i n k t h e v i l l a g e d e v e l o p m e n t t o c o m m u n i t y t r a i l s
a n d t o U p t o w n H a m e l a n d p a r k s a n d t r a i l s .
R e s p e c t a n d r e t a i n t h e w o o d s a n d t r e e l i n e a n d u s e
t h e m f o r v i e w s a n d n a t u r a l a m e n i t y .
P r e s e r v e u n d e r s t o r y p l a n t s i n t h e w o o d s .
R e q u i r e q u a l i t y d e s i g n a n d u s e c r e a t i v e t e c h n i q u e s
w h i c h : a l l o w g r e a t e r d e n s i t y i n t h e e a s t , m i n i m i z e
t h e i m p a c t o f g a r a g e s , m i n i m i z e h a r d c o v e r , a n d
i n c l u d e d w e l l i n g s w i t h p o r c h e s a n d s i m i l a r s p a c e s .
" W E T L A N D P r e s e r v e a n d i m p r o v e t h e q u a l i t y o f t h e w e t l a n d s .
S e c t i o n 8 3 0 . 0 4 . U s e s .
W i t h i n t h e P U D 1 a n d P U D 2 d i s t r i c t s t h e f o l l o w i n g u s e s s h a l l b e a l l o w e d .
P U D 1
1 . S i n g l e f a m i l y d w e l l i n g s
2 . C o m m u n i t y f a r m , c o m m u n i t y c o - o p f a r m , c o m m u n i t y g a r d e n
3 . P u b l i c a n d p r i v a t e p a r k , o p e n s p a c e a n d t r a i l s
4 . C o m m u n i t y u s e s t r u c t u r e s .
5 . U t i l i t y s t r u c t u r e s / u s e s l i f t s t a t i o n s b u t n o t w a t e r t o w e r s o r r e s e r v o i r s
6 . S p e c i a l t y r e t a i l a n d s e r v i c e u s e s f o r t h e r e s i d e n t s i n a b u i l d i n g h a v i n g n o m o r e t h a n 3 , 0 0 0
s q u a r e f e e t o f t o t a l f l o o r a r e a w i t h n o t e n a n t s p a c e l a r g e r t h a n 2 , 0 0 0 s q u a r e f e e t . T h e
m a x i m u m s q u a r e f o o t a g e c o u n t i n g a l l b u i l d i n g s s h a l l n o t e x c e e d 1 0 , 0 0 0 s q u a r e f e e t o f
f l o o r a r e a .
P U D 2
1 . S i n g l e f a m i l y d w e l l i n g s
2 . C o m m u n i t y f a r m , c o m m u n i t y c o - o p f a r m , c o m m u n i t y g a r d e n
3 . P u b l i c a n d p r i v a t e p a r k , o p e n s p a c e a n d t r a i l s
4 . C o m m u n i t y u s e s t r u c t u r e s .
5 . U t i l i t y s t r u c t u r e s / u s e s l i f t s t a t i o n s b u t n o t w a t e r t o w e r s o r r e s e r v o i r s
S e c t i o n 8 3 0 . 0 5 . T o t a l U n i t s D e n s i t y .
W i t h i n t h e P U D 1 a n d P U D 2 d i s t r i c t s t h e f o l l o w i n g m a x i m u m n u m b e r o f d w e l l i n g u n i t s s h a l l b e
a l l o w e d .
S u b d . 1 . P U D 1 .
( a ) 1 2 0 s e w e r u n i t s .
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(b) Some bonus units, up to a maximum of 25 percent of the total units as designated
in (a) above, may be allowed when the City finds that the PUD Development
plan:
(i) exceeds the purpose and design and development standards set by this
ordinance;
(ii) includes restoration of significant portion of a natural environment
consistent with a previous natural condition on the property ;
(iii) preserves all environmentally sensitive areas;
(iv) is a superior plan which exceeds the City requirements;
(v) uses creativity in land development which includes desirable new planning
techniques highly appropriate for this site and when consistent with the
provisions of this district;
The degree to which the plan exceeds all the items listed above will be the basis
for allowing a bonus, if granted. The City shall designate the amount of the
increase allowed.
Subd. 2. PUD 2.
(a) 40 sewer units
(b) Some bonus units, up to a maximum of 25 percent of the total units as designated
in (a) above, may be allowed, in the northern parcel, when the City finds that the
PUD Development plan:
(vi) exceeds the purpose and design and development standards set by this
ordinance;
(vii) includes restoration of significant portion of a natural environment
consistent with a previous natural condition on the property ;
(viii) preserves all environmentally sensitive areas;
(ix) is a superior plan which exceeds the City requirements;
(x) uses creativity in land development which includes desirable new planning
techniques highly appropriate for this site and when consistent with the
provisions of this district;
The degree to which the plan exceeds all the items listed above will be the basis
for allowing a bonus, if granted. The City shall designate the amount of the
increase allowed.
Section 830.06. Design and Development Standards.
Design and development standards are established for this district to achieve a high standard of
development by providing assurance that land uses, buildings and functions are compatible.
Plans and proposed use of the property shall conform to the design and development standards
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prior to approval of the PUD Development Plan and before any building permit is approved.
The applicant or owner shall supply data necessary to demonstrate such conformance.
Subd. 1. Design and Development Standards — All Uses.
(a) Conservation -Preservation — Conservation and Preservation of the site must be
achieved consistent with the General Preservation and Development Guide by
designation of at least 50 percent of the area for park, public use and open space,
through dedication in a plat, deed to the City, or through granting a perpetual
easement to the City or to an agency acceptable to the City. Agencies the City will
consider are Minnesota Land Trust, Minnesota Department of Natural Resources,
or an agency acceptable to the City. Conservation and preservation includes
desirable restoration.
(b) Grade Preserved — Existing grades on the site are expected to be preserved. The
maximum deviation is 3 feet to preserve the natural features., with a deviation less
than 4 inches within the drip line of preserved trees. For the purposes of
restoration or to achieve a desirable natural drainage pattern, grading to a depth
greater than 3 feet will be permitted. This provision does not apply to excavation
for footings or basements designed and constructed consistent with the approved
grading plan.
(c) Natural Drainage — The plan shall provide an open, natural drainage system,
except for such portions where it can be shown that a natural system is
unquestionably not feasible. The volume and speed of runoff shall be minimized.
Flow shall be dispersed and directed in a manner which supports and enhances
natural drainage and which can accomplish this objective without using NURP
ponds.
(d) Linkage — Conservation/Open space areas shall be linked and provide continuity
with land adjacent to the PUD.
(e) Lots -Open Space — The development pattern shall strive to achieve having at
least 75% of the lots in the development abutting conservation, park, or open
space areas.
(0 Wetland — No dwelling, structure or swimming pool shall be located within 30
feet of a wetland.
(g) Public Streets —
(i) shall be built in accordance to city approved engineering standards but
with the width being considered separately. Thus, the width of the paved
road shall be minimal, usually 22 to 28 feet except at major entrances.
(ii) drainage shall be conducted into open space areas in a manner to minimize
erosion and to achieve the high quality of the runoff.
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(iii) shall be eligible for a special design to accommodate low volumes and low
velocity flow or a flow which favors surface water objectives.
(iv) shall be designed to discourage through traffic on local streets. Loop
streets are acceptable and are a preferred alternative to cul-de-sacs.
(v) shall be designed to include bermed and landscaped buffer strips, where
appropriate on major roads, to reduce noise and adverse visual impacts on
adjacent properties.: (A buffer strip is a raised landscaped area used to
visually separate one area from another to shield or block view, noise,
light impacts or other conditions.)
(i) Private Roads —
(i) shall be built in accordance to city approved engineering standards but
with the width being considered separately.
(ii) shall be designed to minimize impacts upon adjoining parcels. Buffer
strips and landscaping may be required to minimize impact.
(iii) may have common sections serving two or more dwellings.
(iv) must be built to a seven -ton design, paved to a width of at least 24 feet.
Upon completion of the private road, the applicant shall submit to the City
a set of "as -built' plans, signed by a registered civil engineer.
(v) shall be regulated by covenants concerning maintenance and use filed
against all benefiting properties.
(vi) shall have a street name sign posted at the point where the private
driveway intersects the public right-of-way.
(vii) shall be subject to a private road agreement entered into between the
developer and the City covering such matters as maintenance, repair,
safety, emergency and service access, signage, lighting, addressing and
similar provisions.
6) Trees — Streets and Open Spaces — Street trees and trees proposed in open
spaces must include a variety of trees and provide for and be consistent with:
(i) tree types in the protected wooded areas and elsewhere e.g. oak, maple
and linden, but not invader trees;
(ii) conservation;
(iii) buffering;
(iv) site planning and PUD considerations.
(k) Tree Preservation — Trees within PUD 1 and PUD 2 are a major component of
the natural environment and their ecosystems. For this reason and for compliance
with the primary purposes and sub -purposes of this district, significant trees (trees
measuring 8 or more caliper inches in diameter measured 4 feet off the ground)
and conditions in the protected wooded areas so designated in the Preservation
Guide must be preserved.
(i) Protected Wooded Area — Significant Trees — No significant tree shall
be removed from the protected wooded area or any other area unless
required to extend a trail or street included in the approved General
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Preservation and Development Guide. Trail alignments can be adjusted so
as not to remove a significant tree. If a road can not be aligned or
constructed in a manner which preserves a significant tree, the tree can be
removed provided it is replaced with new trees equal to or exceeding the
number of caliper inches removed.
(ii) Tree Removal — Authorization — No significant tree shall be removed in
the protected wooded area or any other area unless removal is: 1)
consistent with implementing the approved Concept Guide; 2) identified
on the approved Final Development Plan; 3) consistent with other
provisions of this ordinance; 4) and accompanied by a tree replacement
plan consistent with this ordinance including replacement of 1 caliper inch
for each caliper inch removed. Street trees or trees on private lots can not
be used to calculate replacement. Trees planted in park and/or open space
can not be counted as replacement trees unless they are approved to be
used as such when the Concept Plan and Final Development Plan are
approved. Replacement trees can be planted in these areas and be
additions to those previously approved/protected.
(iii) Tree Removal or Loss — A significant tree will be considered removed or
lost as a result of: 1) clearing or cutting which result in removal or killing
of the tree; 2) grade change, including grading or filling, whether
temporary or permanent, affecting 45% or more of the tree's critical root
zone (the area around the tree trunk having a radius of 1.5 feet for every
caliper inch of tree diameter); 3) utility, roads or other construction
resulting in the cutting of 45% or more of the tree's roots within the
critical root zone; 4) mechanical injury to the trunk causing loss of more
than 40% of the circumference of any portion of the trunk bark; 5)
compaction to a depth of 6 inches or more of 45% or more of the surface
of the soil within the critical root zone. A tree with a disease which will
kill the tree will not be onsidered a significant tree and can be removed.
(1) Understory Plants and Natural Habitat — Understory plants and the natural
habitat in the protected wooded areas must be preserved. However, some removal
for trail construction and for other good cause may be allowed such as removal of
non-native and invader species such as buckthorn.
(m)
Impervious Coverage — The maximum impervious surface coverage shall not
exceed 40 percent of the lot area. Lot area in this subsection does not include any
open water, wetland, public or private right of way, easements or any similar
limitation on the use of the lot.
(n) Utilities — All utilities shall be placed underground.
(o) Outdoor Lighting — Allow no more than 0.3 FC of light at the property line,
when measured at eye level and aimed at the light source.
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(P)
(i) Landscape and Architectural Lighting — Provide lighting aimed directly
at the area of focus. Minimize spill light by use of narrow distribution
luminaries and control devices such as internal and external louvers,
refractors, barn doors and glare shields.
(ii) Parking and Walkways — Provide cutoff type luminaries for parking
areas and walkways with no more than 10 percent of light output above
the horizontal plane through the light source.
Association; Covenants - A neighborhood association may be required by the
City. Bylaws and covenants shall be provided as required by this ordinance. The
association and covenants shall provide for use, upkeep, maintenance and insurance
for the common area and recreational facilities, private streets (including snow
plowing, sweeping and resurfacing and associated lighting), monument sign and
preservation of the open space. The association and covenants shall regulate
outdoor sport structures, walls and fences, accessory structures, outdoor lighting,
similar improvements in common areas or on private property.
Subd. 2. Design and Development Standards — Specific Uses.
(a) Single Family Dwellings.
(i) Setting.
(aa) Street Lighting. Lighting on public and any private roads shall be
decorative and be consistent with the City's approved design. Such
lighting shall meet the Illuminating Engineering Society of North
America (IESNA) definition of cutoff and direct illumination with
no more that 10% of the light output of the fixture aimed above 90
degrees above the horizontal (no more than 10% of the light output
of the light fixture is allowed to be cast above a horizontal plane
extending through the light source). Additionally the lighting level
shall not exceed 0.3 FC at the edge of the property line when
measured at eye level and aimed at the light source.
(bb) Monument Signs. Each PUD (PUD 1 and PUD 2) shall be allowed
at least one monument sign with minimal lighting subject to
approval by the City, at each vehicular entrance which the City may
allow to be placed on the public right-of-way, a private road or an
open space, if the size, type and design are consistent with City
Ordinances and the development plan.
(cc) Lanes for Fire Access. Lanes for fire access shall be provided as
determined necessary.
(dd) Drainage. Natural drainage shall be provided consistent with the
City and watershed district requirements and proper easement shall
be provided.
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(ee) Impervious Surface. The site plan shall show impervious surfaces,
calculations and ratio. Such ratios shall meet the requirements of this
ordinance.
(ff) Buffers. Landscaped buffers shall be provided and established to
protect and screen potential functional differences or use/density
differences when significant.
(gg) Maintenance of Common Areas. A maintenance agreement in a
form acceptable to the City must be submitted to provide adequate
and ongoing maintenance of the common areas and, if appropriate,
public areas.
(hh) Placement. Buildings shall be located consistent with the existing
grades of the land and the location of trees, wetlands and other
environmentally sensitive features which shall be protected.
(ii) Diversity. Diversity shall be provided in terms of size, type,
building orientation and form.
(jj) Easements. Easements shall be provided and filed consistent with
the plan and City approvals.
(ii) Dwelling Unit and Lot.
(an)
Setbacks. The minimum front yard setback is 30 feet. The
minimum rear yard setback is 30 feet, except where lot abuts open
space, then 20 feet. The minimum side yard setback is 10 feet. Some
flexibility in other setbacks as required in the conventional section
of this ordinance will be allowed. Proposed setbacks shall be shown
on the Concept Plan and on the Development Plan.
(bb) Height. No building or structure shall exceed 2-1/2 stories or 30 feet
in height. However, the height may exceed 30 feet, but shall not
exceed 40 feet or 2-1/2 stories, if the following standards are met: 1)
accurate building plans and elevation drawings shall be submitted to
the City; 2) the residence shall be constructed with each side yard
setback having at least a width of 30 feet and a rear yard setback of
at least 80 feet; 3) those portions of the residence greater than 30
feet in height shall be uninhabited and not planned for storage; 4)
those portions of the residence greater than 30 feet in height shall be
no larger than 500 square feet or shall be divided into spaces no
greater than 500 square feet and separated by an approved draft stop;
5) the height from the lowest ground level (and 8 feet out) to the
eave shall be no greater than 30 feet; and 6) there shall be a 2 story
height limitation at the driveway or point of access to the residence.
(cc) Modulation, Length. Dwelling units shall be modulated to provide
interest and individuality for each dwelling.
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(dd) Front Facade. The space behind at least one-half of the front facade
(measured in lineal feet at the grade level) of each dwelling shall be
used for living space and/or entrance functions.
(ee) Garage. No more than one-half of the front facade (measured in
lineal feet) of each dwelling shall be used for garage purposes.
(ff) Appearance. The exterior design, proportions and materials shall be
selected to achieve quality design and a sense of individuality.
(gg) Limit on Surfacing in Front Yard. Driveways and surfaces for
outdoor parking shall not occupy more than 30 percent of the front
yard. All areas in the front yard which are not hard surface
(bituminous, concrete, concrete pavers, etc) shall be landscaped. No
vehicles, boats or trailers shall be parked on the landscaped areas in
the front yards.
(hh)
Outside Storage of Special Vehicles. There shall be no outside
storage of special vehicles including recreational vehicles, motor
homes, boats, jet skis, snowmobiles, trailers, and all terrain vehicles.
(It is expected that private covenants will limit temporary parking to
a maximum of 48 hours).
(ii) Outside Storage of Trash. There shall be no outside storage of
trash, trash containers or debris. All trash containers shall be stored
in enclosed structures.
(jj) Parking and driveway. At least two inside parking spaces shall be
provided per dwelling. The width of the driveway shall not exceed
24 feet at the edge of the road, nor shall two driveways be
combined, creating a width of more than 24 feet at the edge of the
road. Adjacent driveways shall be separated by a landscaped area at
least twenty feet wide. No more than 40 feet of every 100 feet of
public or private street serving the dwellings shall be used as access
or driveways to the dwellings, except at a public or private cul-de-
sac, where some adjustment may be allowed. Driveway grades shall
accommodate use by people and vehicles during all seasons. In
general, grades shall not exceed seven percent. All driveways must
be bituminous, brick, concrete or concrete pavers.
(kk) Driveway Design. Driveways shall be designed to minimize the
volume and velocity of runoff, especially to the paved public or
private road.
(11) Access. Each dwelling shall have direct vehicle access from the
garage and driveway to a public road or to an improved private road
meeting the requirements of the City.
(mm) Guest parking. Off-street parking areas for guests must be
considered, planned and provided for each dwelling.
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(nn) Equipment. All mechanical equipment shall be hidden from view.
(oo) Accessory Structures. If approved by the City, accessory structures
shall be designed to match the architecture and materials used in the
dwellings and comply with the City accessory structure ordinance.
(b) Essential Public Utility and Service Structures Not Approved as Part of a
Subdivision. To the extent appropriate and possible the site and building shall meet
the standards for a single family dwelling.
(c) Swimming Pool. Swimming pools shall meet the requirements specified elsewhere
in the City Code.
(d) Community Farm, Community Co-op Farm, Community Garden. These uses
and structures shall be designed and operated to be compatible with adjacent nearby
residential uses.
(e) Community Use Structures. These uses and structures shall be designed and
operated to be compatible with adjacent and nearby residential uses.
(0 Specialty Retail and Service Uses. To the extent appropriate and possible the site
and building shall be designed to meet the standards for a single family dwelling.
Section 830.07. General Preservation and Development Guide.
In general, regulations governing PUD 1 and PUD 2 consists of all the provisions in this ordinance
and a graphic representation hereafter referred to as the General Preservation and Development
Guide prepared for the purpose of illustrating how the provisions can be applied to the properties so
designated as PUD 1 and PUD 2.
These General Preservation and Development Guide were prepared after analysis of the sites and
careful application of the PUD provisions required to be used in development of a PUD Concept
Plan. The General Preservation and Development Guides for PUD 1 and PUD 2 are hereby made
a part of this ordinance to provide guidance in preparing plans for these PUDs.
Owners or developers interested in developing the properties so designated are invited to use
these guides. The City will make the guides available. Proponents for developing the sites and
changing the zoning to PUD 1 or PUD 2 may find a basis for deviating some from the guide. In
such instance, a written explanation/rationale for the deviation shall be submitted for review by
the City.
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General Development Guide - PUD #1
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General Development Guide PUD #2
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Section 830.08. Applications and Review Process
Subd. 1. Pre -Application - The applicant shall meet with the City Staff for a pre -application
conference. This conference is intended to allow both the applicant and staff the opportunity to
review land use controls - including PUD provisions, the approved General Preservation and
Development Guide, subdivision requirements, and other codes or policies relevant to land use on
the property.
Subd. 2. Concept Plan.
(a) Application - A completed and signed application, a Concept Plan, and a list of all
property owners located within 1500 feet of the property shall be submitted. A
written description of the Concept Plan and its rationale shall be included. If the
Concept Plan is not consistent with the General Preservation and Development
Guide adopted by the City, a written explanation/rationale justifying the deviation
must be submitted for review and accepted by the City.
(b) Concept Plan Requirements - The application for Concept Plan approval must
contain all the elements included in the General Preservation and Development
Guide including any additional items listed below.
(i) Property description, acreage, identification of owner and developer;
(ii) Preliminary grading plan, with contours at 2-foot intervals, showing areas to
be cut, filled and preserved;
(iii) Existing contours and areas of proposed grade changes greater than 3 feet.
(iv) Existing natural features, topography to include existing contours at two -foot
intervals;
(v) Soils, existing vegetative cover, waters, streams, marshes and wetlands,
protected wetlands and classifications, and their implications on
development;
(vi) Existing conditions within 600 feet, all property ownership located within
150 feet, existing land use, transportation facilities, zoning, and utilities;
(vii) Tree Preservation Plan;
(viii) Number of dwelling units;
(ix) All proposed lots and public and private streets;
(x) Natural drainage plan elements including creeks and appropriate extension
of creeks, wetlands, and ponds;
(xi) A table of all uses (water, wetland, preserved public and private park and
open space, wooded areas preserved, community center, roads, and
dwellings) including acres and percent. Show net and gross density;
(xii) Preliminary utility plan;
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(xiii) Staging and timing of the development;
(xiv) Written information describing proposed land use objectives, assumptions
and rationale for the proposed development; and
(xv) Any additional data requested by the City.
(c) Review by Planning Commission
(i)
Purpose - The purpose of the meeting is to allow the Planning Commission
and public the opportunity to become aware of the proposal, to obtain initial
comments and for the Planning Commission to make findings.
(ii) Planning Commission Holds Meeting - The Planning Commission shall hold
at least one meeting to consider the Concept Plan. Property owners within
1500 feet of the outside boundary of the property shall be notified using the
list provided by the applicant. The City may include a larger area for
notification. Failure of any property owner to receive notice shall not
invalidate the proceedings.
(iii) Findings - The Planning Commission shall make findings as follows and
forward its findings to the City Council based on and including, but not
limited to, the following:
(aa) Consistency with the General Preservation and Development Guide
with allowance for some variation with justification;
(bb) The plan includes conservation and preservation consistent with the
General Preservation and Development Guide and provides
sufficient usable open space and evidences preservation of natural
features.
(cc) The plan is in harmony with the general purposes and intent of the
Zoning Ordinance and this district; and
(dd) The plan provides for and is in keeping with the promotion of the
public health, safety, and general welfare of the City or its citizens.
(d) Review by City Council. The City Council shall review the Concept Plan based on
findings of the Planning Commission and staff, the criteria listed above, and other
relevant factors.
(e) Implications of Actions. The findings and comments of the Planning Commission
and City Council address the consistency of the Concept Plan with the provisions of
this district. The findings and comments of the Planning Commission and City
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Council shall be for guidance only and, if positive, shall not be considered binding
upon the Planning Commission or City Council regarding consideration of the PUD
Development Plan.
Subd. 3. PUD Development Plan. (The Zoning Change)
(a) Application - Within one year of the City Council's review of the Concept Plan, the
applicant shall file an application for the PUD Development Plan. Failure to submit
within one year will require resubmittal of the Concept PUD along with any changes
or any new rationale for such changes.
(b) PUD Development Plan Requirements - The application for a PUD Development
Plan approval shall consist of all of the following:
(i) Site plan showing lot lines, building location; parking lots, parks and
private/common open space, and recreational improvements.
(ii) Number of dwelling units.
(iii) Type and square footage of specific land uses.
(iv) Detailed street and utility (water, sewer) locations and sizes, and the location
and provisions for gas, electric, fiber optics, telephone, other
communications facilities and any other utilities. All utilities must be
underground.
(v) Natural Drainage Plan elements including creeks and appropriate extension
of creeks, wetlands, and ponds.
(vi) Grading and drainage plan, including location and size of pipes, if any, and
water storage areas and building pad elevations (top of the foundation).
(vii) Preliminary generalized landscape plan showing existing woods, other
vegetation, creeks, wetlands and other natural features to be retained.
(viii) Tree and Landscape Plan.
(ix) Generalized plan for uniform signs and decorative lighting of public and
private streets and trails.
(x) Plan for timing and phasing of the development by geographical areas.
(xi) Covenants or other restrictions proposed for the regulation of the
development, and by-laws of the homeowner's association.
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(xii) Renderings or elevations of the front and sides of examples of buildings to
be constructed.
(xiii) Community Buildings. Location, height, bulk, square footage, general floor
plans and elevation plans for each building.
(c) Public Hearing - The Planning Commission shall hold a public hearing on the PUD
Development Plan and the requested zoning change. Property owners within 1500
feet of the property in question shall be notified, although, failure of any property
owner to receive notice shall not invalidate the proceedings. Notification shall be by
mail using the list provided by the applicant and may include a larger geographic
area. Legal notice of the Public Hearing will also appear in the City's official
newspaper.
(d) Findings - In addition to the findings listed under the Concept Plan, the following
findings shall also be made by the Planning Commission and City Council:
(i) Consistency with protection of the natural environment;
(ii) Compatibility of the proposed plan with this district, the General
Preservation and Development Guide the Concept Plan, and the goals and
policies of the Comprehensive Plan;
(iii) Effect of the proposed plan on the neighborhood in which it is located;
(iv) Internal organization and adequacy of various uses, densities, circulation and
community facilities, recreation areas, open spaces, screening and
landscaping;
(v) Consistency with all other relevant land use controls and other applicable
provisions of the city code.
(vi) Such other factors, as the City deems relevant.
(e) Conditions - The Planning Commission and City Council may attach such
statements, provisions or conditions and make plan modifications as they shall
determine necessary to better accomplish the purposes of this section
(f) City Council Approval -
(i)
2/3 Vote - Approval of the PUD Development Plan and to change the zoning
to PUD 1 or PUD 2 requires at least a 2/3 majority vote of the full City
Council membership.
(ii) Approval Impact - Approval of a PUD Development Plan which includes a
final site and building location plan shall signify approval of all plans
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(g)
necessary prior to application for a building permit, subject to conformance
with any conditions on the approval and subject to other necessary approvals
by the City or others.
(iii) Agreement - The zoning change shall not be valid or published until the
City and Applicant have executed a development agreement and, if required,
a final plat is prepared and approved. The development agreement will likely
include: 1) acceptance and filing of covenants 2) filing of PUD documents
with the county 3) construction and development plans for grading on the
site 4) development and construction schedules 5) dedications 6)
preservation of the open space and transfer of control 7) guarantees 8)
inspection of work 9) maintenance 10) providing as -built plans to the city
11) warrantees, "Penalties and terminations," and other such provisions as
the City may determine to be necessary to fulfill the PUD requirement and
the city code.
(iv) Additional Requirements - The approval and development agreement shall
state requirements necessary, if any, before a building permit can be issued.
(v) Letter of Credit - The letter of credit shall be an unconditional sight draft.
The PUD approval shall state provision for, and amount of, the letter of
credit.
Approval Implications - Approval of the PUD Development Plan shall indicate
approval of the previously listed items and, after approval of the PUD, nothing shall
be constructed nor shall there be any new use of the property on the PUD site,
except in conformance with the approved plans and this Section.
(h) Term of Approval — Property zoned PUD 1 or PUD 2 may be changed to some
other district when or if the owner does not develop or fulfill the terms of the
development agreement and the project is not developed and the City determines it
appropriate to change the zoning to some other district consistent with procedures
for amending the zoning map.
(i) Amendments -
(i)
Major Amendments - Major amendments to an approved PUD
Development Plan may be approved by the City Council after review by the
Planning Commission. The notification and public hearing procedure for
such amendment shall be the same as for approval of the original PUD. A
major amendment is any amendment which:
(aa) Substantially alters the location of lots, buildings, roads, community
open space or park.
(bb) Increases or decreases the number of residential dwelling units.
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(cc) Increases the gross floor area of non-residential buildings by more
than five percent.
(dd) Decreases the amount of open space or areas designated as
preservation or conservation by more than five percent or alters it in
such a way as to change its original design or intended use.
(ee) Creates non-compliance with any special condition attached to the
approval of the development plan.
A Major Amendment may require submittal and review of a new Concept
Plan.
(ii) Minor Amendments - A minor amendment is any amendment, which is not
a major amendment. Any minor amendment may be made through review
and approval by a simple majority vote of the City Council with or without
referral to the Planning Commission.
Subd. 4. Building and Construction Plans
(a) Submittal to Staff - Building and Construction Plans (final site and building plans)
shall be submitted to the City Staff for review for consistency with the PUD
Development Plan and for approval.
(b) Approval - Approval of Building and Construction Plans for the entire PUD or for
specific parts of the PUD shall be subject to the procedures outlined in this
ordinance and in the Building Code. Then Building and Construction Plan shall
contain information as required by the City, including the following:
(i) Detailed utility, street, grading and drainage plans;
(ii) Detailed building elevations and floor plans, except single family detached
houses;
(iii) Detailed landscaping plan, sign plan, and lighting plan; and
(iv) Detailed Tree Plan, if applicable.
(c) Compliance - The Building and Construction Plans shall be in substantial
compliance with the approved PUD Development Plans. Substantial compliance
shall mean:
(i) Buildings, parking areas and roads are in substantially the same location as
previously approved;
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(ii) The number of residential dwellings has not increased or decreased from that
approved in the development plan and complies with minimum lot size;
(iii) The floor area of non-residential uses has not been increased by more than
five percent.
(iv) Open space has not been decreased or altered to change its original design or
intended use;
(v) All special conditions required in the PUD Development Plan by the City
have been incorporated into the final site and building plan.
(d) Approval Implication - Approval of a final site and building plan shall signify
approval of all plans necessary prior to application for a building permit, subject to
conformance with any conditions the approval and subject to other necessary
approvals by the City.
Section 830.09. Land Use Controls.
Upon approval for a PUD 1 or PUD 2 district designation, development on such property is
regulated by the following City land use controls:
Subd.1. PUD Controls
a) PUD 1 or PUD 2 district provisions, whichever one is applicable;
b) General Preservation and Development Guide;
c) PUD Concept Plan;
d) PUD Development Plan;
e) PUD development agreement
Subd. 2. Subdivision Controls
a) Building and Construction Plans;
b) Subdivision Regulations;
c) Preliminary plat until superceded by a final plat;
d) Final plat of the property;
e) Subdivision agreement if separate;
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Subd. 3.Other Controls
a) Other codes or City regulations applicable to the development, use and maintenance
of the property including for example erosion control, and covenants in which the
City is a third party;
b) Deeds to lands which are to be preserved and deeded to the city or an agency
acceptable to the City.
c) In addition, development, use and maintenance of the property is also controlled by
regulations and statutes of other public agencies having jurisdiction (e.g. watershed
districts), deed restrictions, homeowners associations, covenants and similar
contracts.
Transfer of Ownership
Transfer of ownership does not change or invalidate any of the land use controls, except as may
be governed by the development agreement.
Section 2. Effective Date. This ordinance shall take effect and be enforced upon passage and
publication of its summary.
Passed and adopted this 16th day of May , 2000, by the Medina City Council.
Paul Robinson, City Clerk -Treasurer
• ""::e7177------
n Ferris, Mayor
Published in the Lakeshore Weekly News this 18th day of May, 2000.
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VI.OSINNINI 30 RIMS
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I, the undersigned publisher or editor of the
Lakeshore Weekly News, swear that said the
newspaper has its office of issue at 10001
Wayzata Blvd, in the City of Minnetonka, in
the County of Hennepin, State of Minnesota,
and is a third class free distribution newspaper
with a combined circulation of 25,000.
I further state an oath that the printed Legal
Notice hereto attached as a part hereof was cut
from the columns of said newspaper, and was
printed therein in the English language one a
week for / weeks(s), that it was first so
published on the /8 day of ,2000,
and last appeared on the /8 day of
2000. The following is a copy of the
lower case alphabet which is acknowledged to
have been the size and kind or type used in the
publication of said notice.
abcdefghijklmnopgrstuvwxyz
Signed
(Publisher o
Subscribed and sworn to before me this
day of _- 2000.
Notary Public
.CITY OF MEDINA
PUBLIC NOTICE
The city council of the city of Medina has adopted
Ordinance No. 317. The ordinance establishes two new
residential planned unit development (P.U.D.) zones.
The areas likely to be developed under the P.U.D. zones
are large parcels containing natural features which the city
wishes to preserve through low density and flexible
design. The ordinance encourages high quality single fam-
ily residential development while preserving environ-
mentally sensitive areas and maximizing open space.
The P.U.D. ordinance establishes a multi -step process to
review applications for development. A developer must
first receive approval of a concept plan for the site, fol-
lowing a public meeting and review by the planning com-
mission and city council. Within a year of approval of the
concept plan, the developer must apply for development
plan approval. Greater detail must be provided and
approval of the development plan results in rezoning the
property, subject to conditions. Development plan
approval follows a public hearing before the planning
commission and approval by at least 2/3 of the full city
council. After approval of the development plan, nothing
may be constructed on the property which is inconsistent
with the development plan. The full text of Ordinance No.
317 is available at Medina city hall during regular business
hours.
Adopted May 16, 2000.
By Order of the Medina City Council
Paul Robinson, City Clerk -Treasurer
Published in the Lakeshore Weekly News this 18th day
of May, 2000.