Loading...
HomeMy Public PortalAbout03-13-2012MEDINA PLANNING COMMISSION AGENDA TUESDAY, MARCH 13, 2012 7:00 P.M. CITY HALL (2052 County Road 24) 1. Call to Order 2. Public Comments on items not on the agenda 3. Update from City Council proceedings 4. Planning Department Report 5. Approval of February 14, 2012 draft Planning Commission minutes. 6. Public Hearing — Text Amendment to Chapter 8 of the Medina City Code related to regulations for Temporary Outdoor Sales Events. 7. Public Hearing - Text Amendment to Chapter 8 of the Medina City Code related to regulations for Planned Unit Developments. 8. Council Meeting Schedule 9. Adjourn POSTED IN CITY HALL March 9, 2012 MEMORANDUM TO: FROM: DATE: SUBJ: Mayor Crosby and Members of the City Council Dusty Finke, City Planner; through City Administrator Scott Johnson February 29, 2012 Planning Department Updates March 6, 2012 City Council Meeting Ordinance Updates A) Sign Ordinance — The Planning Commission reviewed the ordinance at their October and December meetings, provided staff with direction on a number of policy questions, and finalized their review at the February Commission meeting. Staff intends to present the ordinance to the Council at the March 6 meeting. B) Temporary Outdoor Sales Events — The City Council directed staff to prepare amendments to the City's regulations regarding temporary outdoor sales events before the 2012 season in response to complaints from Gregor Nursery. Staff intends to prepare the amendment for review at the March Planning Commission meeting. C) PUD Standards — during the review of the Lennar PUD, staff noted a couple of obsolete references in the PUD ordinance which are not consistent with new districts created by the City over the past few years. Staff intends to prepare a minor amendment to fix these inconsistencies at the March Planning Commission meeting. Land Use Application Reviews A) Lennar (Brockton Lane) Residential development — south of Hamel Legion Park, east of The Enclave — Lennar has applied for a PUD Concept Plan to develop approximately 50 acres east of The Enclave site with 116 single-family homes. The Planning Commission held a Public Hearing at the February meeting and recommended denial of the PUD Concept Plan as it was presented. The Commission did not feel that the proposal would accomplish the objectives of the Comprehensive Plan or the PUD ordinance. The Concept Plan will be presented to the Council at the March 6 meeting. B) Marx Conservation Design Subdivision — 2700 and 2900 Parkview Drive — Wally Marx has requested review of a CD-PUD Concept Plan for a subdivision which would allow a density bonus (8 lots) and flexibility to lot size and setback requirements and place a portion of their property into Conservation Easements. The Planning Commission discussed the updated concept plan at their January 10 meeting and recommended approval (w/ Commissioners recommending between 5-7 total lots). The City Council reviewed at the February 21 meeting and asked for a number of changes to the concept plan. The applicant is working on the plans and staff will schedule the item for a City Council meeting when received. C) Pemtom Stage III/Final Plat — N of Highway 55 and W of CR 116 — The City Council approved the Rezoning, Stage II, and Preliminary Plat at the August 16 meeting. The City Council approved the final plat at the January 17 meeting. D) Borchers/Kingsley Pool Setback Variance — 1512 Tamarack Drive — the property owners have requested a variance from the 50 -foot setback requirement in order to reconstruct an existing pool. The Planning Commission held a Public Hearing at the December 13 meeting and Planning Department Update Page 1 of 2 March 6, 2012 City Council Meeting recommended approval. The City Council adopted the resolution of approval at the February 21 meeting. This project will now be closed. E) Wrangler's Restaurant — 32 Hamel Road — the Council approved resolutions on July 21, 2009. The City Council granted until February 7, 2012 for the applicant to final the plat. Additional Projects A) Private Dog Kennel Licenses (Steinmetz) — staff has been coordinating the review of a request for a private dog kennel license for 9 dogs and 25 cats in a home at 1270 Oakview. The Council reviewed the request at the January 17 meeting and directed staff to conduct additional research on cat regulations and to prepare a resolution approving a license for 5 dogs. Staff prepared a resolution which will be presented to the Council at the March 6 meeting. B) Facilities Planning — Planning staff continues to assist Public Works and Police with facilities planning. C) Utility Planning — Planning staff continues to be involved in the analysis of the City's water capital fund and planning related to meeting the current and future construction needs and how this will impact connection fees and user rates. D) Parks Master Plan — Planning staff will be working with the Park Commission on a more detailed parks and trails plan which takes into account more specific parks/trails needs in context of expected park dedication funding. E) Records Management — staff is researching options for improving the management of records in the Planning and Building files of the City. Staff has identified this as a goal to improve the information available to residents, to increase efficiencies at City Hall, to improve the use of cramped storage facilities available, and to utilize electronic sources of records management when it makes sense. F) Zoning Enforcement (Hamel Station tree removal) — The City received payment of approximately $13,000 as was required by the agreement related to mitigating the tree loss for this project. The developer will be replacing plants which did not survive next spring. Staff will inspect and make additional maintenance recommendations in the spring and inspect again in the fall of 2012. Planning Department Update Page 2 of 2 March 6, 2012 City Council Meeting 4. 1 CITY OF MEDINA PLANNING COMMISSION 2 DRAFT Meeting Minutes 3 Tuesday, February 14, 2012 4 5 6 1. Call to Order: Commissioner R. Reid called the meeting to order at 7:09 p.m. 7 8 Present: Planning Commissioners John Anderson, Robin Reid, Kathleen Martin, and 9 Victoria Reid (arrived at 7:08 p.m.). 10 11 Absent: Kent Williams and Nolan 12 13 Also Present: City Planner Dusty Finke and Planning Assistant Debra Peterson 14 15 2. Public Comments on items not on the agenda 16 17 No public comments. 18 19 3. Update from City Council proceedings 20 21 Finke updated the Commission of recent activities and decisions by the City Council. 22 23 4. Planning Department Report 24 25 Finke provided an update of upcoming Planning projects. 26 27 5. Approval of the January 10, 2012 Draft Planning Commission meeting minutes. 28 29 Motion by Anderson, seconded by Martin, to approve the January 10, 2012 30 minutes with suggested changes. Motion carried unanimously. (Absent: Williams 31 and Nolan) 32 33 6. Approval of the February 6, 2012 Draft Special Planning Commission meeting 34 minutes. 35 36 Motion by V. Reid, seconded by Anderson, to approve the February 6, 2012 37 minutes as written. Motion carried unanimously. (Absent: Williams and Nolan) 38 39 7. Public Hearing — Lennar Corporation — A Planned Unit Development Concept 40 Plan for 116 Single Family Homes on nine parcels with an overall gross area of 41 48.4 acres. The properties are located west of Brockton Lane and south of 42 Hamel Legion Park. 43 44 Finke presented the application, explaining the application consisted of redeveloping 45 nine existing parcels consisting of 48.4 acres for the construction of 116 single family 46 homes. He said the majority of the lots would be 70 feet in width and the lots in the 1 A 1 southern portion of the project would be 90 feet in width. He reviewed density 2 requirements of the zoning districts. He also reviewed the PUD and Comprehensive 3 Plan Objectives that should be met when reviewing a PUD project. He said 89 lots 4 were proposed to be 75 feet in width and 27 lots were proposed to be 90 feet in width. 5 6 Staff explained how side yard setbacks could have an impact on the perception of 7 density. He said the Cherry Hill development only had 15 feet between homes. 8 9 Wetlands and floodplains were touched on as part of Finke's presentation stating 10 further clarification would need to be done for the next stage of the development if 11 the project moved forward. 12 13 A road connection for the proposed development would tie into The Enclave of 14 Medina subdivision that was approved last year. The location of the road would be 15 on the north side of the property rather than the southern portion as was previously 16 approved in 2011. 17 18 He further explained that the Commission had the greatest discretion with a PUD and 19 suggested they look to the Comprehensive Plan first in their review process and 20 verify consistency. 21 22 He said one of the things referenced in the staff report was that the Comprehensive 23 Plan suggests diversity of housing and suggested that the Commission look at the 24 option of affordable housing on either the current application or the previously 25 approved Enclave development within their townhomes or single family homes. 26 27 V. Reid asked about affordable housing and if homes qualified as affordable housing 28 would the values of the homes be required to stay affordable. Finke explained 29 someone or some group would have to regulate or be a partner in enforcement to 30 maintain. 31 32 Joe Jablonski, representative for Lennar Corporation, explained that the proposed 33 project would be an expansion of "The Enclave of Medina" project. He said he 34 would like to look at it as one neighborhood. He explained that the proposed project 35 would offer lots that were 70 feet wide, which were not offered in "The Enclave of 36 Medina." He said their main goal was to find out if the Commission was supportive 37 of blended density on a conceptual level. 38 39 V. Reid asked how the applicant thought the two projects would be one neighborhood 40 when they are divided by a large conservation area. Joe explained they would have 41 one homeowners association for the single family homes and one for the townhomes. 42 He said the pedestrian paths would all be interconnected. 43 44 R. Reid asked about what the price range would be for the project. Joe said they 45 would be higher than the lower $400,000.00. 46 2 i 1 Martin said the proposed building footprints seemed to be similar to the already 2 approved project along Hunter Drive. Jablonski said the housing product would be 3 the same or similar. He said they have 16 different product types to offer. Jablonski 4 explained the side yard setbacks were the same as the "Enclave of Medina" project 5 and they were requesting the same be allowed. 6 7 Martin asked what the neighborhood amenities would be for the proposed project. 8 Jablonski said the proposed project could use the tot lot in "The Enclave of Medina" 9 which will be located at the southern portion of the development and southwest of the 10 proposed project. He also informed the Commission that the City Park was just north 11 of the proposed project and offers a variety of activities. 12 13 V. Reid said on the original plans of "The Enclave of Medina" a community building 14 was initially shown, but then later taken out. She asked if they had given thought to 15 adding a community building with this project. Jablonski said they had thought about 16 it, but decided against it. 17 18 Anderson asked if the applicant had control of all the properties. Jablonski said they 19 did not. 20 21 V. Reid said one of their goals was to keep some modulation to the property. She 22 asked if they were going to mass grade the land. Jablonski explained that all the dirt 23 had to be either moved or compacted in order to prepare for a building pad. He 24 explained that the land is fairly flat already. 25 26 V. Reid asked why Lennar wasn't proposing townhomes. Jablonski explained that 27 they were showing 41 townhomes in "The Enclave" already and they felt it was a 28 sufficient number of units for that area. He further went on to explain that 29 "affordable" townhomes were not feasible. He said the current townhome market 30 was very difficult, since a lot of reevaluating of townhomes was going on right now. 31 He said their company couldn't meet today's building codes and standards for the 32 price you can buy a used one today. 33 34 V. Reid asked what the smallest buildable lot size was. Jablonski said 65 foot wide 35 lots were in "The Enclave." He further said the smallest their company builds on 36 were 55 feet in width. V. Reid asked about lot depth and Jablonski said 37 approximately 120 feet. He said the lot depth is more for meeting minimum lot size 38 requirements. 39 40 Public Hearing Opened at 7:44 pan. 41 42 Mike Bitterman of 4175 Brockton Lane appeared before the Commission. Bitterman 43 explained he owned a hobby farm with a big red barn that was currently for sale. He 44 explained his property can't be missed and didn't understand how Lennar didn't 45 include it as part of the proposed project since it was for sale. He said they recently 46 had two interested parties and they both backed away from purchasing when they saw 3 s 1 the big blue land use signs. He said he was curious as to why Lennar was in such a 2 hurry to develop the area. He said he was questioning why the City of Medina 3 wanted to turn the country feel into developing it like the City of Plymouth. He said 4 he felt that 116 lots on the amount of acreage being proposed seemed to be too many 5 lots. 6 7 He asks that people get creative and involve his property into the application. He 8 wants to know why his property was not included in the process and offered it to be 9 utilized as a community building. 10 11 Martin suggested he look back at the records regarding the Comprehensive Plan to 12 provide an answer as to why his property wasn't included and to better understand the 13 rationale behind it. 14 15 Bitterman asked about on -site wetlands/floodplains and if any work had been done. 16 Martin and R. Reid explained it would be forthcoming in the next stage of the project. 17 18 Bitterman said he read the staff report and questioned if traffic studies would be 19 required. R. Reid said traffic studies would be required during the next stage of the 20 project. 21 22 Finke explained the conceptual plan is on the low end of the density of what was 23 planned for the area. He explained the impacts from traffic would be coming more 24 from the properties to the east of Brockton Lane which is the City of Plymouth. 25 26 Bitterman wanted to know if a storm drainage study would be required. Finke said 27 one of the conditions was that one be completed. Bitterman asked about assessments. 28 Finke said they would be unlikely. He said the practice has been the developer pays 29 and not the surrounding property owners. 30 31 Bitterman said he wanted the Commission to seriously consider reducing the 116 32 units proposed, since he felt it was too high. He asked the Commission to make sure 33 that all required studies be completed and that he be notified of any assessments that 34 could be coining up. He further urged the City to allow Variances as it related to his 35 property so he could sell. 36 37 Earl Mattson of 4425 Brockton said Plymouth was planning on putting development 38 across the street to the east. Finke said staff had contacted the City of Plymouth and 39 one of their comments was that they had seen a concept plan to the east of Brockton 40 Lane and it appeared that the road would line up with this application. 41 42 Martin said she would like to see something different and more creative with the use 43 of the land; offering our residents something other than an addition to "The Enclave 44 of Medina" subdivision. 45 4 1 Anderson said the Enclave development had land really worth conserving. V. Reid 2 said she didn't think the proposed project met any of the criteria of the 3 Comprehensive Plan requirements. Martin said she isn't convinced with the proposed 4 conceptual plan and the properties are zoned for more density and would be looked at 5 again in 2020. The City has no incentive to develop property with the kind of density 6 being proposed. V. Reid said it isn't the timing of the project for her, but rather she 7 needs to see more creativity and feels it doesn't meet that standard; and PUD's are for 8 something special. Martin said something unique would be needed and she doesn't 9 see that in the proposal. V. Reid said the proposal didn't appear to meet the necessary 10 requirements. 11 12 V. Reid said she understood that townhomes would be difficult to sell, but the City 13 doesn't have affordable housing or housing for aging. All we have is for families with 14 children. 15 16 Jablonski explained he would like to respond to the Commissioners comments and 17 review the City's eight objectives. He explained all property owners are present, 18 which shows they are ready to do something with their property. He explained the 19 City didn't have the right to decide if a property should develop, but rather the City 20 does have control of what they see on the property. He explained the land was fairly 21 flat and there isn't a lot of opportunity on the nine lots to be creative as it relates to 22 preservation. He said the type of land did make it easier and more efficient to 23 develop greater density. He said: 24 25 1. He felt they created a layout that was an efficient use of the land; 26 2. He was excited about their architectural designs and styles, and feels they are 27 second to none; 28 3. Developing next to a park with trail connections to park and neighborhoods was a 29 great amenity; 30 4. If the Commissioners walked the nine properties they would see there wasn't a lot 31 of topography worth doing anything with; some trees could be preserved, but it 32 isn't something they would show on a Concept Plan level; 33 5. The proposal allows for phased development of sewer, water and public 34 improvements; 35 6. The road system is efficient and doesn't create future potential for private streets 36 or cul-de-sacs; 37 7. He understood the Commissions comments, but felt they had met all other 38 objectives; 39 8. When the proposed project is combined with the existing Enclave they do meet 40 the objectives. 41 42 He further explained that everything south of their proposal was outside of the MUSA 43 line and they transitioned their density to decrease as the project flowed to the south. 44 5 1 Martin suggested beiuiing or landscaping the southern lot lines to ensure some protection 2 of their heritage. Jablonski said they hadn't looked at that, but could look at that 3 possibility and take it into consideration. 4 5 Jablonski said he understands how long the Enclave took, but with this application they 6 didn't have the same amount of time with multiple property owners involved. He said he 7 would like to get a recommendation from the Commission with direction to allow for 8 density blending, without townhomes. 9 10 R. Reid said she didn't have a problem with the blending. V. Reid said she liked the 11 blending of more density to the north with the transition to the south lessening. She liked 12 a bunch of units along the park for use of the park. What she didn't like was so many 13 houses of the same style and same size. 14 15 R. Reid would like to look at the project as a separate project from the Enclave. She 16 acknowledges that the zoning allows for it, but would like something different. V. Reid 17 added a different feel and a geographic divider would be good. 18 19 Finke suggested different housing products rather than values. V. Reid said different 20 sizes of homes would also be good. 21 22 Dan Dugan of 4125 Brockton Lane said on the north end of the project there is a 23 snowmobile trail and asked if it would stay. Jablonski said it goes through the 24 conservation area, but was proposed to be eliminated even if the Enclave project hadn't 25 gone through. 26 27 Public Hearing Closed at 8:34 p.m. 28 29 Finke explained the Council may have additional feedback to the applicant prior to 30 revising their plans. 31 32 Motion by Anderson, Seconded by Martin to deny the proposed PUD Concept Plan as 33 designed. The Commission approved of the density blending. Motion carried 34 unanimously. (Absent: Williams and Nolan) 35 36 37 8. Continued Public Hearing — Text Amendment to Chapter 8 of the Medina City 38 Code related to regulations for signs. 39 40 Finke presented. 41 42 Martin said she liked the 8 percent with the maximum per sign. Anderson said the 43 ordinance was clear the way it was written. V. Reid said the sign on the Target building 44 was the right size and she doesn't see people having trouble finding the Target. Finke 45 explained the 200 square foot sign is larger than any of the other signs. 46 6 1 Dynamic Signs — Finke explained this change was initiated from the Holiday Station 2 Store representative. He explained brightness and size was a concern of the 3 Commission. 4 Anderson said nothing about dynamic signage was consistent with the City of Medina in 5 any location. Martin asked Anderson what he thought about signage along Hwy 55 in a 6 very limited area. Finke said it would be allowed all along Hwy 55. R. Reid said if they 7 allowed it now, it wouldn't stop more from coining. Finke said some of the suggested 8 changes may encourage more businesses, since it allows for a larger sign. 9 10 Finke said the ordinance could have a maximum on a certain portion of a dynamic sign. 11 V. Reid said it was the height that appeared to bother her. Anderson said the sign 12 displayed at the 2/6/12 special meeting was too bright. 13 14 Michael Cronin of Michael Cronin and Associates, Representative for Holiday Station 15 Stores, suggested dynamic signage shouldn't exceed more than 10 feet in height and 16 should be contiguous. 17 18 Anderson asked if dynamic signs help the merchant. Cronin said the signs were very 19 expensive and after using them to advertise certain items, felt it did indeed help move 20 product. 21 22 Martin said she liked the idea of a contiguous sign no higher than 10 feet. Anderson and 23 R. Reid agreed with Martin. 24 25 Cronin thanked the Commission for their time and asked the Commission to adopt the 26 sign ordinance; but to not regulate the letter height, since other communities don't 27 regulate. He said if you are going to put a minimum height on it, he suggested choosing 28 7 inches rather than the 9 or 12 inches. 29 30 The Commission asked if they could just allow the dynamic signs for gas stations. Finke 31 said staff wouldn't advocate it. He said he would like the Commission to give a good 32 reason why only gas stations. 33 34 Cronin said only if changing a reader board. R. Reid said it seems more appropriate for a 35 gas station than other uses. Cronin said some City's have had minimum lot sizes or lot 36 frontages in order to allow. 37 38 Public Hearing opened at 9:10 p.m. 39 40 The consensus of the Commission was that limitations should be placed on the dynamic 41 signs. They liked one sign with a certain minimum amount of road frontage and the 42 lowest panel to not be higher than 10 feet in height (contiguous). 43 44 The Commission agreed to keep the additional language added relate to brightness. 45 7 1 Cronin asked that fuel prices be excluded from the dynamic sign area, and not be 2 included in the square footage. 3 4 Height of letters — Commission agreed a 7 inch height was reasonable. 5 Lighting of signage — the Commission agreed to keep white backgrounds prohibited. 6 7 Off premise signage — the Commission agreed to not give bonus signage for off -premise 8 signage. 9 10 Public Hearing Closed at 9:35 p.m. 11 12 Motion by Martin, Seconded by Anderson, to approve the Text Amendment to Chapter 8 13 of the Medina City Code related to regulation for signs subject to the revisions 14 recommended by the Commission. Motion carried unanimously. (Absent: Williams and 15 Nolan) 16 17 9. City Council Meeting Schedule 18 19 The Commission discussed schedule. 20 21 10. Adjourn 22 23 Motion by Anderson, seconded by Martin, to adjourn at 9:36 p.m. 24 Motion carried unanimously. (Absent: Nolan and Williams) 8 Agenda Item: 6 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: March 7, 2012 MEETING: March 13, 2012 Planning Commission SUBJ: Ordinance Amendment: Temporary Outdoor Sales Events Background Temporary Outdoor Sales Events (ie. "tent sales") are permitted on a limited basis in the Commercial Highway, Commercial Highway -Railroad, Commercial General, Business, and Mixed Use zoning districts. Such events may not occur more than 50 days per calendar year, among other regulations. During the April 2011 Business Forum, a business owner discussed that the 50 -day limitation was too restrictive for their greenhouse operation each Spring. The City Council discussed the matter at a Council meeting in May 2011 and directed staff to prepare an amendment to extend the timeframe. The Council stated that the change was a lower priority and staff suggested that the City wait to see if other changes came up to the relevant code sections and if the Sales Event change could be made part of the change. No other ordinance amendments were discussed which staff believed would be a good opportunity to change the Sales Event regulations. Since the season for these events is coming up, staff believed it would be prudent to proceed with the amendment at this time. The attached ordinance increases the number of days which Temporary Outdoor Sales Events may be conducted on a property from 50 days to 60 days. Regulations in other Communities — Timeframe of Sales Events Staff had presented information on how other communities regulate these events when the City Council adopted the regulations a few years ago. Staff reviewed the information specifically related to the amount of days which temporary outdoor sales events are allowed. This limitation varies quite a lot between communities, but generally is between 20 and 90 days. Following is a sample: • Maple Grove — 10 days per sales event; 2 events per year (Seasonal items are allowed for 42 days/year; Farm produce is allowed for 24 weeks/year) • Plymouth — 90 days per year • Eden Prairie — 60 days per year • Burnsville — 90 days per sale; maximum 2 sales per year • Woodbury — 20 days Temporary Outdoor Sales Events Page 1 of 2 March 13, 2012 Ordinance Planning Commission Meeting Existing Regulations in Code In addition to the limitation on the number of days, the zoning code includes various other requirements for Temporary Outdoor Sales Events. These requirements are copied below, in case Commissioners or Council members wish to make any additional changes. (a) Sales events shall not be conducted on a property for more than 50 days in a given calendar year, and shall not be permitted on a vacant lot. (b) Sales events shall not be permitted on public sidewalks or streets, or within public right-of-way, except if allowed subject to the City special event ordinance. (c) The sales area shall not exceed ten percent of the area of the footprint of the principal building or 3,000 square feet, whichever is less. (d) The sales area shall abide by the front, rear, and side yard setback requirements of the relevant zoning district and shall be located at least 200 feet from a residential zoning district. (e) The sales area shall not be permitted on an unpaved surface. (f) The sales area may be located within a parking lot provided: (1) The City determines that adequate parking will be provided for the needs of both the principal use and sales events. However, in no case shall more than ten percent of the parking spaces on the property be occupied by the sales events. (2) The City determines that adequate vehicular circulation, pedestrian circulation, and emergency vehicle access are maintained. (g) Sales shall only be conducted by the owner or a leaseholder of a property, unless a transient merchant license is obtained from the City. (h) No outdoor speakers or music shall be allowed. (i) Temporary signage for the event shall be regulated by the City sign ordinance. (j) Prior to operating a sales event, the applicant shall submit to the zoning administrator a site plan showing sales area, parking area, and emergency access. Additionally, the applicant shall submit a schedule of operation and any additional information required by the zoning administrator in order to review compliance with the requirements of this ordinance. The zoning administrator may require any necessary conditions to the use to ensure compliance with this ordinance and to promote public safety, or may deny an application which does not abide by the conditions or otherwise violates this ordinance. The applicant may appeal a decision of the zoning administrator to the city council. The applicant shall be responsible for costs accrued with review of the application and any appeal, as described by city fee schedule. Attachments 1. DRAFT Ordinance amending Sections 832, 838 and 842 of the City Code regarding Temporary Outdoor Sales Events Temporary Outdoor Sales Events Page 2 of 2 March 13, 2012 Ordinance Planning Commission Meeting CITY OF MEDINA ORDINANCE NO. ### An Ordinance Amending Section 832, 838, and 842 of the Code of Ordinances Regarding Temporary Sales Events The city council of the city of Medina ordains as follows: SECTION I: Medina Code Section 832.3.09, Subd. 23 is amended by adding the underlined material and deleting the stricken material as follows: Subd. 23. Temporary Outdoor Sales Events (a) Sales events shall not be conducted on a property for more than 58 60 days in a given calendar year, and shall not be permitted on a vacant lot. SECTION II: Medina Code Section 838.5.08, Subd. 18 is amended by adding the underlined material and deleting the stricken material as follows: Subd. 18. Temporary Outdoor Sales Events. (a) Sales events shall not be conducted on a property for more than 5-8 60 days in a given calendar year, and shall not be permitted on a vacant lot. SECTION III: Medina Code Section 842.3.06, Subd. 18 is amended by adding the underlined material and deleting the stricken material as follows: Subd. 16. Temporary Outdoor Sales Events. (a) Sales events shall not be conducted on a property for more than 5-9 60 days in a given calendar year, and shall not be permitted on a vacant lot. SECTION IV: The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this ATTEST: Scott T. Johnson, City Administrator -Clerk Published in the South Crow River News this Ordinance No. ### 1 DATE day of , 2012. T.M. Crosby, Jr., Mayor day of , 2012. Agenda Item: 7 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, City Planner DATE: March 7, 2012 MEETING: March 13, 2012 Planning Commission SUBJ: Ordinance Amendment: PUD Ordinance Background The City's Planned Unit Development (PUD) ordinance was last updated in 1994. Many of the provisions in the ordinance reference City ordinances or state statutes which have changed since that time. As a result, staff believes it is important to bring the ordinance up-to-date. Additionally, PUDs are meant to achieve goals and objectives established by the City. Not surprisingly, some of these goals and objectives have evolved since 1994. Staff recommends examining the list of objectives and verifying that the ordinance supports their achievement. These objectives are found on pages 1 & 2 of the ordinance, and staff recommends that the Commission review carefully and provide any changes. The remaining changes are fairly technical in nature, and the rationale for a number of the changes is described in text boxes. There are also policy questions included in some of the text boxes. Attachments 1. DRAFT Ordinance amending Sections 827 of the City Code regarding Planned Unit Developments Planned Unit Development Page 1 of 1 March 13, 2012 Ordinance Planning Commission Meeting CITY OF MEDINA ORDINANCE NO. ### 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 ,triclLen material as follows: PLANNED UNIT DEVELOPMENT DISTRICT (PUD) Comment [DF1]: Repetitive Subd. 1. The purpose of the PUD Planned Unit Devel integration and coordinati n of land parcels as well as the combination of varying types of residential, commercial and industrial uses. Subd. 2. All permitted, permitted acces.,or . 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 525.37. plus the procedures. conditions and standards imposed by Section 827.25 through 527.11 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 and allow inu 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. 1 Subd. 2. Higher standards of site and building design through the use of trained and Subd. 3. More convenience in location and design of development and service facilities. Subd. 4: —The preservation, and enhancement. or restoration of desirable site characteristics such as high quality natural resources, wooded areas. wetlands. natural topography and geologic features and the prevention of soil erosion. Subd. 4. Accommodating 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. Maintaining open space in portions of the development site. preferably linked to surrounding open space areas. and also enhanced buffering from adjacent roadways and lower intensity uses. Subd. 56. 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. 67. An efficient use of land resulting in smaller networks of utilities and streets thereby lower development costs and public investments. Subd. 78. 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. 89. 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 project's 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; 1 Comment [DF2]: Raises the question: do we not expect this in non-PUD developments? Comment [DF3]: Added to Subd. 6 (bc) Ownership. An application for a PUD Zoning District or conditional use FeffR t 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. (ed) Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. (de) 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.Medina Sewer Code Consistency. The proposed PUD shall be consistent with the Medina Sewer Code and shall not create a discharge which is in exec✓; of the City's assigned regional limitations. (ef) 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. (t) 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 aesure 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 comm n area. a document document such .,a specific.] L.. neaota St„tutes 515, Article 2 and a set of floor plans such as specified by Minnesota CStatutea 1 A icte 2 t to alga be fined . ith the C it...,FA,1.�,7in said filing with the City to be made prior to the filings of said declaration or document or floor plans Ni ith the recording officers of the County. Comment [DF4]: This information is not unique to PUDs I) M I) private or public open space, and is planned as a staged development of er a period f time. the total area of common or public open (pace or land escrow security in pen space to be provided in the entire PUD as the stages or units completed or ..der clevel opmenr bear t., ♦ho entire D[ D (hg) 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. (2) 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 125 -)-percent of the proposed residential density of the entire PUD. () The shall be no de ity tion f„om rho tand„rds lied ' I'ea Flo ��---c-rrc-rc c-ri cFr�isr�-ui�iicl�rnv�cSccn-.c arcr�-c}�ricui-Fr-im-ci�.rF zoning district for PUD conditional use permits. (i•h) More than one principal building may be constructed on each platted lot within a PUD. (}i) 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. (1<j) 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. (lk) Utilities. In any PUD, all utilities, including tcleincluding4e1wheiler electricity, natural gas and telecable communication shall be installed underground. (7il) 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 (}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.. Comment [DF51: Would not have worked for Fields or Enclave Comment [DF61: Is this PUD-specific or more of a common Engineering standard? 4 (nm) Private Utilities. (1) Septic Systems. All requirements ofthc Medina Sewer CodeSection 720 shall be followed within a PUD. (2) Wells. All well location plans shall be approved by the Zoning ^ City. (en) 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. (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 line along those roadways which are part of the internal street pattern (1/2) the sum of the building heights of the two (2) buildings. 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. unless otherwise approved by the Citv Council. Section 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 r PUD conditi nal 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. 5 Comment [DF7]: Disallows a "downtown" or urban street design Comment [DF8]: Standard districts already allow buildings closer than this (c) The tract of land for which a PUD is proposed shall have municipal water and sewer (d) (sjIt 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 bv the Citv Council. (e-)_1) For icy residential PUD Zoning District projects, the normal standards of either the AG, RR. R 1. RR 2, SR and UR existina 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 82727, Subd. 1 (a) and (c). (0 For multiple family residential PUD Zoning District projects, the normal standards of modified. as determined by the City Council and as provided above in Sccti n 527.27. 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 Project 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 Z nine District r 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. (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) (c) 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. unless otherwise approved bv the City Council. (e)(d) For non-residential PUD Zoning District projects, the normal standards of either the RC. UC. RI. Ul and PSof existing non-residential zoning classifications shall apply 6 Comment (DF91: Redundant 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) (# 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 approval, together with a fee as determined by City Council reselutienordinance. The applicant shall submit with the application such information as is required by the City and such other information as deemed necessary by the City 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 (-1-4) 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 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) TheIendewileFls name and address of the landowners) 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 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 7 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 a-(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 -(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. All 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. 8 (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: (1) Area devoted to residential uses. (2) Area devoted to residential use by building type. (3) Approximate site are& 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. (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 sewer, septie and storm sewers. (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 ,uch data to be unnecessary to the consideration of the specific proposal. 9 (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)Subd. 3. Action by the Planning Commission. (1)(a) 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 --applicant and/or a representative shall appear before the Planning Commission at this hearing to answer questions regarding the proposed project. 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 eommenta recommendation. 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 any such delay continue the proceedings for a period greater than one t undee i twenty (120) .1...,.. From t e .late ofthe initi l public hearing thereon (n) Subd. 4. 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. \Vithin xt. (!M da. s of its initial meeting „ plication tlhe City a 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 C mmission, final Council action thereon shall be taken within sixty (60) days of the date of referral. The affirmative vote of two thirds (2/3) of the 10 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. Section 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 C uncil resolutionordinance. 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 Devel pment 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 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 If a General Plan of Development which is not submitted by this deadline. the Concept Plan approval shall be considered null and void unless, at lest forty tivc (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 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. 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: (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) A preliminary plat prepared in accordance with the Medina Subdivision Reeulations. if applicable . (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). 11 Comment [DFil]: Does the City want to allow an applicant to skip Concept Plan? Perhaps on smaller projects? (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 desien of all street improvements and utilities. (8) The location, use and size of structures and other land uses on adjacent properties. (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. (10) A survey showing all existing trees ofsi-eight 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 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. 12 comment [DF12]: This is included in the plat (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, super- market). (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, including model homes. and uses. (hg) A traffic flow plan and analysis. (th) Solid waste disposal procedures and provisions. (ti) 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 s it er si n c ntrol plan acceptable to the Watershed District, Department f Natural Res urcc, S it Conservation Service, or any other agency with review auth rity clearly illustrating erosion control measures to be used during construction and as permanent measures. (HID 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. (Ilk) 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. (el) 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. 13 [ Comment [DF13]: Redundant Comment [DF14]: Moved to earlier in the section Comment [DF15]: Required by other ordinances (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 Permits of this Code. tThe 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 Comprehensive planPlan. (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 f,. «ts er.�-.ter- ont oU D , nditio. ,l . ccts require an affirmative simple majority vote of the full Council. 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 Citv 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 Citv have been received. Subd. 4. All other terms and conditions of General Plan of Development have been met. Final Plan Stare. After approval of a Concept Plan for the PUD and approval of a General Plan of Devel pment f r all r a secti n f the proposed PUD. the applicant will submit the followi b material for review by the Zoning Administrator prior to iasuance of a building permit(s). Subd. 1. Proof of recording any easements and restrictive covenants prior to sale of any land or 14 a facility. Subd. 2. All certificates. ,e 1 _ and . nat...es- red f r the dedication of land and r ..ding 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 impr vemcnts, together with a Devel pmcnt 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. All work must be in conformance with the Minnesota State Uniform 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. 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 City Council resolution 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 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 PlanGeneral 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 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. Subd WiEhdrawal ,.r.... n ppliyati,.. n.._. plicatieu u nder th,ia Sectio maybe 15 Comment IDF16]: And then what? 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 (I) 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. The City Council may proceed to rezone the subject property so that it would be eovemed by the applicable zoning district 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 -prier th 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. 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 or cash 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 normal zonin^ standards as Iona as the conveyed property conforms with the 16 Comment [DF17]: Before what? Building permit? Approval of Final Plan? approved PUD and the General Plan of Development f r 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 shamav 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, 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 n tice. tThe Council shall either by ordinance or resolution as may be applicable, revoke the PUD and the land shall ther after be governed by the regulations applicable in the district in which it is 1 sated, 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. or shall rezone the land which would thereafter be governed by the regulations applicable in the district in which it is located. SECTION IV: The ordinance shall be effective upon its adoption and publication. Adopted by the city council of the city of Medina this ATTEST: Scott T. Johnson, City Administrator -Clerk day of ,2012. T.M. Crosby, Jr., Mayor Published in the South Crow River News this day of , 2012. 17