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
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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.
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