HomeMy Public PortalAbout526 Ordinance Amending Section 827 of the Code of Ordinances Regarding Planned Unit DevelopmentsCITY OF MEDINA
ORDINANCE NO.526
An Ordinance Amending Section 827 of the
Code of Ordinances Regarding Planned Unit Developments
The city council of the city of Medina ordains as follows:
SECTION I: Medina Code Section 827.24 et. seq. is amended by adding the underlined material
and deleting the stricken material as follows:
PLANNED UNIT DEVELOPMENT DISTRICT (PUD)
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Subd. 1. The purpose of the PUD Planned Unit Development District is to provide for the
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/ 1 of this Code.
Section 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 nonresidential
areas by incorporating design modifications as part of a PUD conditional use permit orand allowing
for 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.,and other development standards 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
experienced land planners, architects, landscape architects and engineers.
Ordinance No. 526 1
April 3, 2012
Subd. 3.
Su-b—The 3 preservation, enhancement, or restoration of
desirable site characteristics such as high quality natural resources. vvcoded areas, wetlands,
natural topography and geologic features and the prevention of soil erosion.
Subd. 4. Innovative approaches to stormwater management and low -impact development
practices which result in volume control and improvement to water quality beyond the
standard requirements of the City,
Subd. 5. Maintenance of open space in portions of the development site, preferably linked to
surrounding o.en space areas and also enhanced buffering from ad'acent roadwa s and
lower intensity uses.
Subd. 6fi. A creative use of land and related physical development which allows a phased and
orderly development and use pattern and more convenience in location and design of
development and service facilities.
Subd. 62. 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 har withthat effectuates the objectives of the Medina
Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and
zoning principles.)
Subd. 82. A more desirable and creative environment than might be possible through the strict
application on zoning and subdivision regulations of the City.
Section 827.27. Requirements, Conditions and Standards for Approving a PUD.
Subd. 1. General Standards.
(a) Rezoning Required. Approval of a PUD under this Section shall require the subject
property to be rezoned from its existing designation to a PUD.
(ab) 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 conformance
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.
Ownership. An application for a PUD Zoning District or conditional use permit
Ordinance No. 526 2
April 3, 2012
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 P'anPUD shall be binding on all owners.
(d) Qualifications of an Applicant. Any application under this Section shall be made only
by the fee owner of the property covered in the application or by the owner's duly
authorized representative, provided, however, that an option holder or a contract for
deed holder may submit such an application if it is accompanied by a fully executed
agreement or document from the owner stating that the owner has no objections to
the proposed project and the owner is, in fact, joining in said application.
(ee) Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City
Comprehensive Plan.
(Elf) Potentially allowed uses. All permitted, conditional, and accessory uses described in
the various zoning districts of the City shall be considered potentially allowed uses
within a PUD.
excess of the City's assigncd regional limitations.
(eg) 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.
Ordinance No. 526 3
April 3, 2012
Statutes 515, Article 2 110 shall be filed with the City of Medina,
;aid fling with the City to be made prior to the filings of said
d t ratio dbd,etw eat eff fl e. f,lnf.s , ,:tb the e..a:f.brt d,ffae. d,f
the County.
(4) -The dlealaf.at;d .. eFeeyenaf.ts .,dl;i tef.s af.d-FestEietef s atef.t
, '� : is
d fit sl,atl e a:f,tb.:at ,deeds 'leases a Eleetf.,ef.ts of
tL t a e..is at: at:d s_ l,nll L,eF ed hat af.,d tt l
L, 11 Lie fElbe.•s of said♦ a :♦tier. a rat:.,,,
L i L h it f El :dd, al efk., eFtied ate sh of
joint or common costs. This declaration shall be subject to the
review and approval of the City Attorney. The intent of this
through establishing private control.
(iv) The declaration shall additionally amongst other things, provide that in
accordance with the applicable rules and regulations of the City of
become due and in the event the said City of Medina incurs any
expenses in enforcing its rules and regulations, which said expenses
tl, tl C—it f TAedJ;f.a shall L ave he « ght tea aeli p pe fty
its ate sli of s :dd C, c41 .its to etl.e .:tl,
e e . e e , �{r ll l\:1 YY 111 l
interest thereon and costs of collection, shall be a lien on each
pr-epet:ty-against-vAiieli-eaell-stiell-assesstment-is-macle-:
\ 14 ffthe.-sl,:f, f„ .st Lie .,.. .,ddatd,.R, f r ead,b hew e.
buyer.
(vi) The open space restrictions must be permanent and not for a given
period of years.
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
asseeiar' R L.., of a .,t e 3e le vied b tt, a•at
t i t, vets e « e efits fe bee-eming a lie. d f, tt,e p peFtJ ill
Ordinance No. 526 4
April 3, 2012
needs.
C(2` c*e�.:f of Public and-Cet�en Open Space. WheH a PU-D 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
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, the City
may, at its discretion, place limitations on the extent to which the density of
each stage deviates from average density of the entire PUD. 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, natural gas and
telecable communication 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.
Ordinance No. 526 5
April 3, 2012
(2) Sewer Connections. Where more than one (1) unit is served by a sanitary sewer
,1,&to.,^t n tl .., �«��^�,.^ ..a ^lo^�:�,� �t,^tl >,o t►,o ,. �:ti:l:t.. „F«t.^
b
(Jim) Private Utilities.
(1) Septic Systems. All requirements of the >, l din Cower C-ea^Section 720 of this
Code shall be followed within a PUD.
(2) Wells. All well location plans shall be approved by the g
Administr-ateEC ity.
(en) Roadways. All streets shall conform to the design standards contained in the Medina
Subdivision Regulations unless otherwise approved by the City Council.
(po) 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.
(qp) Setbacks. (1) The front, rear and 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
t:.,o . 1eng these ..,,.,.7,,,.,,.� paft of tt,vi„t^. ial st.-eet p tten
(1/2) the sum of the building heights of the two (2) buildings.
(fg) Height. The maximum building height to be considered within a PUD Zoning District
shall comply with the height standards specified
within the applicable comparable zoning districts eF the Z-en-i ^ n..a:,,^ ^e :.,
general, unless otherwise approved by the City Council.
Section 827.29. Residential Arca 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
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
Ordinance No. 526 6
April 3, 2012
Zoning District 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.
04--WIt 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, unless otherwise approved by the City Council.
(e) d� For single family residential PUD Zoning District projects, tThe normal standards of
either the AG, RR, R 1, RR 2, SR and UR existing residential zoning districts 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) For multiple family residential PUD Zoning District projects, the normal standards of
827.27, Subd. 1 (a) and (c).
(g-)—(e) 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.
Section 827.31. Non -Residential Proiect Standards.
Subd. 1. Purpose. The purpose of this Section is to establish standards for non-residential
PUD projects, in addition to those standards contained elsewhere in this Code for all PUD
projects. All 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
-eff ng Dist iet P Til , lielit , nal , . flit 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.
(c) The tract of land for which a non residential PUD is proposed shall have municipal
(d) (c) Off-street parking and loading facilities for a non-residential PUD shall be provided
Ordinance No. 526 7
April 3, 2012
in accordance with Section 828, Zoning -Performance Standards and Enforcement of
the Medina City Code, unless otherwise approved by the City Council.
(-00) The normal standards of either the
RC, UC, RI, UI and PSof existing non-residential 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)
(14(e) In addition to the above standards, the City Council may impose such other standards
for a nonresidential 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.
Section 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 aevalreview, together
with a fee as determined by City Get-s c-44 r-esett tierordinance. The applicant shall
submit with the application such information as is required by tl}e-C—iP}this ordinance
and such other information as deemed necessary by the City to explain the general
intent of the application. Sheuld-Comments and actions by the City during review
of the Concept Plan are purely
advisory and shall in no way shall bind the City to subsequent approval of a General
Plan of Development, nor imply any future approval.
(b) Once an application for Concept Plan appr-eval-review 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. For land located in the RR, RR-1, RR-2 or RR-UR
zoning districts, notice of the hearing shall also be mailed to owners of property
located within 1000 feet of the subject property. For land located in any other
zoning district, notice of the hearing shall also be mailed to owners of property
located within 350 feet of the subject property.
Subd. 2. Information Required. The Concept Plan submitted for a PUD shall include -as
the following information_, which information shall be
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(a) General Information.
(1) The '^ gs name and address of the landowner(s) and their interest in the
subject property.
(2) The applicant's name and address; if different from the landowner.
(3) The names and addresses of all professional consultants who have contributed to
Ordinance No. 526 8
April 3, 2012
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 title, commitment for
title insurance, or registered property fepeftabstract, 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 ene d-(1,000) feet of subject property.
(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, which includes the following::
(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
flee streams, floodplains and approximate location of wetlands on and
within three hundred (300) feet of the subject property.
(5) Significant rock outcroppings.
Ordinance No. 526 9
April 3, 2012
(6) Existing drainage patterns.
(7) Vistas and significant views.
(8) Soil conditions as they affect development.
All of the graphics should be the same scale the fmal ^l ^ito allow cach 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 private open
space, buildings, structures, and other land uses, and buffering and screening.
(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:
(g)
(1) Area devoted to residential uses.
(2) Area devoted to residential use by building type.
(3) Approximate site area; and floor area devoted to commercial, industrial, or
institutional uses.
(4) Area devoted to common private 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.
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 ee etl-private 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.
Ordinance No. 526 10
April 3, 2012
(j) Schematic utilities plans indicating placement of water, wells, sanitary sewer, septic and
storm sewers.
(k) Mailing labels of current owners of the property necessary for public hearing, obtained
from Hennepin County property records.
(I) 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 stieli-data to be unnecessary to the consideration of the
specific proposal.
LW) 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)Subd. 3. Action by the Planning Commission.
(1-)(a) The Planning Commission shall hold the public hearing on an application for
Concept Plan app-eval-review at its first regular meeting following
appropriate legal notice as outlined above. The petitiener-appl leant and/or a
representative shall appear before the Planning Commission at this hearing
to answer questions regarding the proposed project.
(-2)(b) 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 offer such comments or suggestions as it deems
appropriate ,
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.
(4)(c) Within the permitted 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
hundred twenty (120) days from the date of the initial public hearing thereon.
(n) Subd. 4. Action by the City Council.
(4-)(a Once an application under this Code has been forwarded to the City Council.
the applicant shall present the proposal before the Council-i-n-an-epee
Ordinance No. 526 11
April 3, 2012
meeting. The City Council, at its discretion, may take additional testimony
on the PUD.
(�)(b) Within sixty (60) days of its initial meeting on an application, tThe City
Council shall aeve-review the application as originally submitted or as
amended, and shall provide such comments and
suggestions as it deems appropriate. ee �edificatie nd-iilens
for further review. If this matter is referred back to the Planning
Section 827.33 hereof. If an application is referred back to the Planning
days of the date of referral. The affirmative 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
writ p ^,.ram . i ll,,tye plv .Y, F et^ ftlie
full Council.
Section 827.35. General Plan of Development.
Subd. 1. If a request forFollowing review of a Concept Plan as described above,
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 resolutionordinance.
In cases of single stage PUDs or where the applicant wishes to begin the first stage of a
Development plans and materials for the proposed PUD. In such case, the Planning
Commission and City Council shall consider such plans, and grant or deny the General Plan
f Dey 1, pffient ; , ,.a^,,c-e w th he of tl„r_r ao
Subd. 2. A General Plan of Development for the proposed project shall be submitted to the
City within 180) days of t eval-review of the Concept Plan by the
City Council. Any If a General Plan of Development h-is not submitted by this
deadline, the applicant shall be required to resubmit a Concept Plan for review by the
Planning Commission and City Council unless, shall be considered null and void unless} at
least forty five (15) 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, or such other period as the City Council deems feasenahleappropriate.
Subd. 3. The General Plan of Development stage submissions should depict and outline the
proposed implementations of the Concept Plan for the PUD. Information 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:
Ordinance No. 526 12
April 3, 2012
(a) Presentand-passible-new zoning classifications, comparable zoning classification
describing development standards which will apply unless modified by the City
Council, and a description of the modifications requested from the standards of the
comparable zoning district, r Fea fer Gener- ' D'^ief-De e'""•"e tt_ .men
eild-aAny other public decisions necessary for implementation of the proposed plan
shall also be described.
(b) Apreliminary plat prepared in accordance with the Medina Subdivision Regulations, if
applicable. For PUDs which will be platted in multiple phases, the General Plan of
Development shall include a plan identifying the proposed configuration and
dimensions of lots which will be platted during all phases of the PUD.
(bc) 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 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 spaces and access aisles, and all other circulation elements including
bike and pedestrian; and the total site coverage of all circulation elements.
(5) Location, designation and total area of all common private open space and
facilities.
(6) Location, designation and total area proposed to be conveyed or dedicated for
public open space, including parks, playgrounds, school sites and
recreational facilities.
Location and design of
all street improvements and utilities.
(8) The location, use and size of structures and other land uses on adjacent
properties.
Ordinance No. 526 13
April 3, 2012
(ed)
(9) 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 and those to be
preserved.
(10) A survey showing all existing significant trees as required by the Tree
Preservation ordinanceof six inch caliper or greater.
(11) General grading and drainage plans for the developed PUD.
(12) A detailed plan illuminating size, location and structural specifications for
exterior signing and lighting.
(13) Any other information that may have been required by the City staff, Planning
Commission or City Council in conjunction with the preview of the
Concept Plan.
An accurate legal description of the entire area within the PUD for which General Plan
of Development approval is sought.
(de) Where applicable, a tabulation indicating the number of residential dwellings units and
expected population.
(ef)
(fg)
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).
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.
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in n t t ct al nd :i .,*..,,1 .,tom opt ble t n�. .i o
Ordinance No. 526 14
April 3, 2012
(mk) 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.
(nl) 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.
(em) 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.
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
Concept Plan, outlined above in Section 827.33.
(1) The Planning Commission shall hold the public hearing on an application
following appropriate legal notice as outlined above. The applicant and/or a
representative shall appear before the Planning Commission at this hearing
to answer questions regarding the proposed project.
(2) Within 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 denial of the application. If no action on an application is taken
by the Planning Commission within 60 days, and there has been no delay
caused or requested by the applicant, the application shall be forwarded to
the City Council without recommendation.
(3) Within the permitted 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.
Ordinance No. 526 15
April 3, 2012
(b) Action by the City Council.
(4) T4,e e,l,..e 4.,, •L.e r :,., !`e..,.e:l sl,^ll be f Ileyie,l f f etier l
Plan, outlined above in Section 827.33.
(1) Once an application under this Code has been forwarded to the City Council the
applicant shallpresent the proposal before the Council, The City Council, at
its discretion, may take additional testimony on the PUD.
(2) T .,l.J:t:e.. to rote g idel:.,es .. :ele.l :.. Ceet e.. 82-5,3(] Genditie».,ITT e
Perms—Critefi:t-feF-Cfr-anEefiflitie se-Peifrits-e€thts-Gede tihe
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 plaftPlan;:
(iii) The impact of the plan on the neighborhood in which it is to be located:
and:
(iv) The adequacy of internal site organization, uses, densities, circulation,
parking facilities, public facilities, recreational areas, open spaces,
and buffering and landscaping.
(3) 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. Tl e affix..:,..ete
Fr. ♦h a (21-3) 4 th rife r"e....e:l s.h ll l.e r «e,a f > ^ s.l eFs,
(` 1 P4an eF Tleyele«.»ent F r DT TTl 7eniti. Dist..:e* p ^ +. Geneiui
DIs.., of Deyele ffient DT TTl .,.a:t:e..^1 . ..mit p ears ..e
Section 827.37. Issuance of Permits No permits for construction on the project site shall be
issued unless consistent with the approved General Plan of Development and shall not be issued
unless:
Subd. 1. The plat, if applicable, has been recorded and all other relevant land use approvals
have been granted.
Subd 2 A development agreement acceptable to the City has been recorded against the subject
property, as well as all easements, restrictive covenants, and other required documents.
Subd. 3. Financial guarantees in an amount and form acceptable to the City have been received.
Subd. 4. All other terms and conditions of General Plan of Development have been met.
Ordinance No. 526 16
April 3, 2012
n�1D1 n—Ct A fte - . .t 4 . (`e..cept Dl ,n fe tho P TTl a.tak I F . Ciener-al Plea o f
Dee 1, to en fr ,Il ., ecti ,, .,f the p soda DT Til the applicant- ..:II s..1....:r to f:,Itekv ng
b
SutHJ 1 D.- f f. « 1: nts .,rl r sr. r:. nt „ r. ,lo f . . land ,
ciwell-inb
b
facility.
u-bd• b
public improvements, together with a Development Agreement for the installation of such
Subd. 5. Any other plan, agreements or specifications necesf,ary for the City staff to review the
ode:
Section 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 and attach any additional terms and
conditions to the PUD.
Section 827.41. Amendment of a PUD.
Subd.1. Application Procedures. As determined 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 r•:r•, C,,unci' Fesol Lion ordinance 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 amendment of a PUD to erect an additional building or buildings, the applicant -fee
therefor shall be established by City Council resolutionordinance.
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 P1anGeneral
Plan of Development, outlined in Section 827.33.
Section 827.43. General Requirements.
Subd. 1. Records. The Zoning Administrator shall maintain a record of all PUDs issued by
Ordinance No. 526 17
April 3, 2012
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 information as the
Zoning Administrator may deem appropriate.
thereon.
by the City Council, that application may not be resubmitted for a period of one (1) year
from the date of such denial.
Subd. 42. 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. The City Council may rezone the subject property upon €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.
Sub€1,5—Qualie&t-ious --aa n ppl ...1;,.,,tierl , nder-4his Seel-i n sh It be . ade
representative, provided, however, that pt eti he der ^ ntrac4 holder also fh
- the e t,. o .,stt ng th..t tl,o ebjec-fie �e thy, od p u IU ll�V ..t . r.d the
applicant is in fact joining in said application.
cub€1 6 �: ..eia:-Seear-ity-to-Assu -nee hi ..do.. t^ o that .,tt oasts
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
Geul ^' .,d sh 44 o �bm
eaeh nt ^each phase of a PUD as outlined in the General
� �
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
conjunction with the General Plan of Development as outlined in Section 827.35.
Subd. K. Conveyance of Property Within a PUD. in the event that any real property within
Ordinance No. 526 18
April 3, 2012
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.
b
approved PUD and the General Plan of Development for a project.
ul3E1 n Issu ,, ee a Bu l,a.,,,. D..,.mits, Gall.,, ing(`e.. ei4 a PI 1rl
b
Subd.144. Compliance with Overall Plan. F^'1.,,,,;.,g > final Plan, ^ ,' r P1 D
stage thereof, tThe Zoning Administrator, shah*'���*"•*' *�� �'�* �� ��
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 infrom the approved Final Pplan, 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 City Council approvaled Final Plan. If the deviations are sub-
stantial and change the intent of the Final Plan approval, the Zoning Administrator shall
immediately notify the Council. The Council shall either by
ordinance or resolution as may be applicable, revolve 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._plan. ; or shall
require the land owner or applicant to seek a•�e�t-an amended General Plan of Development,
of the Final Plan or may rezone the land.
SECTION IV: The ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the city of Medina this 3rd day of April, 2012.
T.M. Crosby, Jr., May r
ATTEST:
Scott T. Johnson, City Administrator -Clerk
Published in the South Crow River News this 12`h day of April, 2012.
Ordinance No. 526
April 3, 2012
19