HomeMy WebLinkAbout2019-07-22 PACKET 06.1STAFF REPORT CASE: TA2019-032
ITEM: 6.1
PUBLIC MEETING DATE: 7/22/19 TENTATIVE COUNCIL REVIEW DATE: 8/21/19
APPLICATION
APPLICANT: City of Cottage Grove
REQUEST: A zoning text amendment to City Code Title 11, Chapter 14, relating to
Planned Unit Development District (PUD) and to repeal City Code Title 11,
Chapter 14, Article A, related to Planned Development Overlay (PDO)
District.
SITE DATA
LOCATION: N/A
ZONING: N/A
GUIDED LAND USE: N/A
LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED
NORTH:
EAST: N/A
SOUTH:
WEST:
SIZE: N/A
DENSITY: N/A
RECOMMENDATION
Approval.
Cottage
Grove COTTAGE GROVE PLANNING DIVISION
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here Pride and Prosperity Meet
Planning Staff Contact: Christine Costello, Acting Comm. & Econ. Development Director; 651-458-2824;
ccoste I I o (o-)_cottageg rove m n. gov
Application Accepted:. N/A 60 -Day Review Deadline: N/A
City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016
Planning Staff Report
Proposed Planned Unit Development (PUD)
Ordinance Amendment
Case TA2019-032
July 16, 2019
Proposal
The City of Cottage Grove has filed an application for zoning text amendment to City Code Title 11,
Chapter 14 related to Planned Unit Development (PUD) District, and City Code Title 11, Chapter 14,
Article A, related to Planned Development Overlay (PDO) District to clarify this land use regulatory
process for development within the City of Cottage Grove.
Background
Zoning ordinances do not typically have flexibility, often creating neighborhoods, commercial, or in-
dustrial areas to appear the same. Some of the best practices in planning and zoning look to diversify
land uses to help improve communities. These best practices include a diversity of housing types to
provide options to different types of people and different -sized families and a diversity of uses to get
people closer to where they work or to buy their daily needs, as well as a diversity of transportation
options. Additionally, the quality of physical character is also viewed as an important contributor
towards a sense of community and place in contemporary planning practice. A zoning and land use
tool that can provide a community with diversity and flexibility is a planned unit development.
The term "Planned Unit Development (PUD)" is used to describe a type of development and regula-
tory process that permits a developer to meet overall community density and land use goals while
offering flexibility to zoning requirements. A PUD is attached to the zoning designation for a devel-
opment and does not appear on the zoning map until a PUD is approved by City Council. A PUD
allows for conditions to encourage such land use practices as clustering of buildings, designation of
common open space, and the incorporation of a variety of building types and mixed land uses.
Planning Considerations
Cottage Grove's Zoning Ordinance currently includes two sections that provide the diversity and
flexibility of a planned unit development. Title 11, Chapter 14, PUD District, has been a part of the
zoning ordinance since approximately 1997. The PUD District section has development standards
that are restrictive for a planned unit development project and include:
• Minimum area of ten acres;
• Ten percent of the gross floor area of all the buildings in a PUD can be used for land uses not
designated in the Comprehensive Plan if City Council finds it in the best interest of the City;
• A proposed PUD designated to have more than one land use in the Comprehensive Plan, the
City may require the PUD to include all the proposed land uses; and
Planning Staff Report — Case No. TA2019-032
Proposed PUD PDO Ordinance Amendment
July 29, 2019
Page 2 of 3
• If the PUD is residential or includes a residential element in the plan, it needs to meet the
density range specified in the Comprehensive Plan.
In 2006, the City completed the master planning process for the East Ravine area, which is an ap-
proximate 4,000 -acre area in Cottage Grove lying along Keats Avenue (County Road 19) and in-
cludes the Cottage Grove Ravine Regional Park and Old Cottage Grove. The East Ravine Master
Plan included a set of guiding principles that evolved as part of the master planning process and
were to serve as the basis for development in the East Ravine:
• Provide diverse housing opportunities
• Link neighborhoods to parks with green corridors
• Provide move -up housing opportunities
• Ensure quality design through development guidelines
• Add value to the community by reflecting a high standard of development.
The East Ravine Master Plan also included several ordinance amendments to implement the goals
and guiding principles of the master plan. One of those amendments was the creation of the Planned
Development Overlay District (PDO). The PDO District was intended to allow flexibility in develop-
ment and would replace the existing PUD District. The PUD District section was never repealed from
the Zoning Ordinance and has continued to be a part of the City Code since 2006.
The Planning Division of the Community Development Department felt it was important to amend
these two sections of the Zoning Ordinance to reflect the overall intent of not only what was intended
for the East Ravine Master Plan but the intent of a planned unit development as recognized by
planning professionals and other individuals involved in the development process.
The proposed ordinance will repeal both existing sections and be replaced with a section called
Planned Unit Development (PUD) District. This section will provide flexibility in development and
encourage the following:
• Lifecycle housing;
• Preservation of desired site characteristics;
• Efficient use of land;
• High quality design;
• Sensitivity to transitional development areas; and
• Consistent with the Comprehensive Plan.
The existing PDO District provides much of the intent of a PUD but the proposed text amendment
will provide the City with more flexible regulatory process as compared to the rather rigid develop-
ment regulations that are common to traditional zoning districts. The title of PUD District was kept
since planned unit development is more recognized terminology in the development community than
a planned development overlay.
Planning Staff Report — Case No. TA2019-032
Proposed PUD PDO Ordinance Amendment
July 29, 2019
Page 3 of 3
The proposed text amendment also includes minor and major amendments that can be done by an
applicant to amend an existing PUD. A major amendment would require the applicant to seek ap-
proval from the City Council, and a minor amendment can be reviewed and decided by the Commu-
nity Development Director. The Community Development Director can also determine that a minor
amendment must go before the City Council for approval. This action allows the City to continue to
be business friendly to our residents and the development community. Having a planned unit devel-
opment process provides for a joint planning/design effort by developers and city officials rather than
the city establishing maximum and minimum limits within which developers must perform.
Recommendation
That the Planning Commission recommend to the City Council the approval of an ordinance repeal-
ing City Code Title 11, Chapter 14, PUD Planned Unit Development District, and repealing Title 11,
Chapter 14A, Article A, Planned Development Overlay District, and enact Title 11, Chapter 15 re-
garding Planned Unit Development District. The draft ordinance amendment showing the text
changes is attached.
Prepared by:
Christine Costello
Acting Community & Economic Development Director
Attachment:
• Draft Ordinance
City Code Title 11-14, PUD Ordinance
City Code Title 11-14A, PDO Ordinance
CITY OF COTTAGE GROVE, MINNESOTA
ORDINANCE NO. XXXX
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA,
REPEALING COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 14 REGARDING
PUD, PLANNED UNIT DEVELOPMENT DISTRICT, AND REPEALING TITLE 11,
CHAPTER 14A, ARTICLE A PLANNED DEVELOPMENT OVERLAY DISTRICT,
AND ENACTING TITLE 11, CHAPTER 15 REGARDING
PLANNED UNIT DEVELOPMENT DISTRICT
The City Council of the City of Cottage Grove, Washington County, Minnesota, does
hereby ordain as follows:
SECTION 1. REPEALER. The Code of the City of Cottage Grove, County of Washington,
State of Minnesota, Title 11, Chapter 14 and Title 11, Chapter 14A, Article A are hereby repealed.
SECTION 2. ENACTMENT. The Code of the City of Cottage Grove, County of Washington,
State of Minnesota, Title 11, Chapter 15 shall be enacted as follows:
11-15-1: PURPOSE:
The purpose of the Planned Unit Development (PUD) District is to provide a district that will
encourage the following:
A. Flexibility in land development and redevelopment without the use of the variance process, in
order to utilize new techniques of building design, construction and land development, rather
than the city establishing rigid maximum limits within which developers must perform;
B. Provision of lifecycle housing to all income and age groups;
C. Energy conservation through the use of more efficient building designs and siting and the
clustering of buildings and land uses;
D. Protect and preserve valuable natural resources and amenities to ensure a higher quality of
environmental conservation;
E. More efficient and effective use of land, open space and public facilities through mixing of land
uses and assembly and development of land into larger parcels;
F. High quality of design and design compatible with surrounding land uses, including both
existing and planned;
G. Sensitive development in transitional areas located between different land uses and along
significant transportation or scenic corridors within the City; and
H. Development which is consistent with the Comprehensive Plan.
11-15-2: APPLICABILITY:
City of Cottage Grove, Minnesota
Ordinance No. XXXX
Page 2 of 4
The provisions of this article apply to any zoning district established by section 11-1-15 "Zoning
Districts Established." Within the PUD, uses are determined by the underlying zoning district and
must be in harmony with the Comprehensive Plan.
11-15-3: APPLICATION REQUIREMENTS:
The following information is required for each PUD application:
A. Location map showing property in relation to the city as a whole and to the city's primary
elements such as streets, schools, parks and shopping areas along with a supporting
narrative description of the applicant's interest in the property in question;
B. A legal description of the property including approximate total acreage;
C. A full set of civil plans for the proposed development, including the following elements:
location of structures; vehicular and pedestrian circulation facilities; parking facilities;
housing densities; open space disposition; grading; building elevations; public utilities
including water, sanitary sewer, and storm water lines and facilities; landscaping plan;
lighting plan including photometrics; and a surface water plan;
D. Grading in plan in conformance with the requirements of section 11-6-12;
E. Architectural plans for all structures including colored elevation drawings;
F. Preliminary and final plat, if applicable;
G. Landscape and tree preservations plans as required by sections 11-6-5 and 11-6-6.
11-15-4: APPROVAL PROCESS:
The PUD shall be considered at a public hearing by the Planning Commission pursuant to the
rezoning process in article 11-2-8. The recommendation of the Planning Commission shall be
considered by the City Council. Findings for approval must be established and include the
following:
A. The PUD is consistent with the intent of this chapter;
B. The area surrounding the PUD can be planned and developed in coordination and
substantial compatibility with the proposed PUD;
C. Any variation of flexibility from zoning standards most similar in function to the proposed
PUD must produce results equal to or better than those achieved by the applicable zoning
standard.
D. Other factors related to the project as the Planning Commission and City Council deem
relevant. The Planning Commission and City Council may attach such conditions to their
actions as they determine necessary to accomplish the purposes of this section.
City of Cottage Grove, Minnesota
Ordinance No. XXXX
Page 3 of 4
11-15-5: LAPSE OF APPROVAL:
If construction on the property has not been initiated in conformance with the approved PUD within
12 months of the date of approval of the PUD and no extension of time has been granted, the
PUD shall lapse and become null and void.
11-15-6: AMENDMENTS:
A. Amendments to an approved PUD shall be administered by submitting an application with the
appropriate fees as follows:
B. Minor Amendments. Minor amendments to a PUD are:
1. Size increases to signage approved as part of the PUD;
2. Landscape changes;
3. Parking lot configuration changes (not change in number of spaces);
4. Less than a ten (10) percent change in floor area in any one (1) structure;
5. Less than a ten (10) percent change in the approved separation of buildings;
6. Less than five (5) percent change in the ground area covered by the project;
7. Less than a five (5) percent change in the number of residential units; or
8. Less than a five (5) percent change in the number of parking spaces.
C. Major Amendments. Major amendments to a PUD are:
1. Any decrease in the amount of approved open space;
2. More than a ten (10) percent change in floor area in any one (1) structure;
3. More than a ten (10) percent change in the approved separation of buildings;
4. Any change in the original approved setbacks from property lines;
5. More than five (5) percent change in the ground area covered by the project;
6. More than five (5) percent change in the number of parking spaces; or
7. The introduction of new uses not included in the PUD approval.
D. Review of minor amendments. Proposed minor amendments (as specified in 11-15-4C above)
to a PUD shall be reviewed and decided by the Community Development Director. Decisions
of the Community Development Director may be appealed to the Planning Commission. The
City of Cottage Grove, Minnesota
Ordinance No. XXXX
Page 4 of 4
Community Development Director may determine that a proposed "minor" amendment is a
"major" amendment and may refer such proposed amendments to the Planning Commission
and City Council according to the procedure established in 11-15-2B.
E. Review of major amendments. Any major amendment to a PUD district shall be considered
by the Planning Commission and City Council pursuant to 11-15-2B.
SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after its passage and publication according to law.
Passed this day of '2019.
Myron Bailey, Mayor
Attest:
Joseph Fischbach, City Clerk
Published in the South Washington County Bulletin on [Date].
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11-14-1: PURPOSE:
The purpose of the Planned Unit Development (PUD) District is to provide a district which will
encourage the following:
A. Flexibility in land development and redevelopment in order to utilize new techniques of
building design, construction and land development;
B. Provision of lifecycle housing to all income and age groups;
C. Energy conservation through the use of more efficient building designs and sitings and the
clustering of buildings and land uses;
D. Preservation of desirable site characteristics and open space and protection of sensitive
environmental features, including, but not limited to, steep slopes, trees and poor spoils;
E. More efficient and effective use of land, open space and public facilities through mixing of
land uses and assembly and development of land into larger parcels;
F. High quality of design and design compatible with surrounding land uses, including both
existing and planned;
G. Sensitive development in transitional areas located between different land uses and along
significant transportation or scenic corridors within the City; and
H. Development which is consistent with the Comprehensive Plan. (Ord. 644, 2-19-1997)
11-14-2: USES:
Within the PUD District, all uses must be consistent with the Comprehensive Plan designation
for the property and consistent with permitted uses and accessory uses allowed by this Title.
Within the PUD District, all uses allowed by conditional use permit within any other district are
allowed by conditional use permit. Uses allowed by conditional use permit shall be reviewed for
compliance with the PUD master development plan and with the applicable conditional use
permit standards specified in Sections 11-2-4 and 11-2-9 of this Title. (Ord. 644, 2-19-1997)
11-14-3: DEVELOPMENT STANDARDS:
Within the PUD District, all development shall be in compliance with the following:
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A. Minimum Area: Each PUD shall have a minimum area of ten (10) acres, excluding areas
within a designated wetlands, flood plain or shoreland district or right of way, unless the
applicant can demonstrate the existence of one of the following:
1. Unusual physical features of the property itself or of the surrounding neighborhood such
that development as a PUD will conserve a physical or topographic feature of importance
to the neighborhood or community;
2. The property is directly adjacent to or across the right of way from property which has
been developed previously as a PUD and will appear as and will function as an extension
of that previously approved development;
3. The property is located in a transitional area between different land use categories or on a
principal or minor arterial as defined in the Comprehensive Plan;
4. The property is proposed to be developed with cluster homes as defined in Section
14-4 of this Chapter.
B. Uses Other Than Designated Uses: The City may permit up to ten percent (10%) of the gross
floor area of all buildings in a PUD to be used for land uses for which the site is not
designated in the Comprehensive Plan if the City Council finds that such use is in the best
interests of the City and is consistent with the requirements of this Chapter. If nondesignated
uses are to be incorporated into a PUD, the City may forward a copy of the request to the
Metropolitan Council for review.
C. More Than One Use: Where the site of a proposed PUD is designated for more than one
land use in the Comprehensive Plan, the City may require that the PUD include all the
proposed land uses.
D. Density: Each residential PUD or the residential portion of each mixed use PUD shall have a
density within the range specified in the Comprehensive Plan for the PUD site. If the site is
not designated in the Comprehensive Plan for residential use, the appropriate density shall
be determined by the City based upon the City Council's finding that such density is
consistent with the intent of the PUD and of the Comprehensive Plan.
E. Streets, Utilities, Public Facilities And Subdivisions: The City ordinances governing the
specifications and standards for streets, utilities, public facilities and subdivisions may be
modified based upon the uniqueness of the PUD. The City Council may therefore approve
streets, utilities, public facilities and land subdivisions which are not in compliance with usual
specifications or ordinance requirements if it finds that strict adherence to such standards or
requirements is not required to meet the intent of this Chapter or to protect the health, safety
or welfare of the residents of the PUD, the surrounding area or the City as a whole.
F. Building Setbacks:
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1. Buildings shall set back a minimum of thirty feet (30') from local streets and forty feet (40')
from railroad lines or principal or minor arterials, as designated in the Comprehensive
Plan; except, that in no case shall the setback be less than the height of the building not to
exceed a maximum of one hundred feet (100').
2. The setback for all buildings from exterior PUD lot lines not abutting a public street shall
be thirty feet (30'); except, that in no case shall the setback be less than the height of the
building not to exceed a maximum of one hundred feet (100').
3. Building setbacks from internal public streets shall be determined by the City based on
characteristics of the specific PUD.
4. Parking lots and driving lanes shall be set back at least twenty feet (20') from all exterior
lot lines of a PUD.
5. Where industrial or commercial uses abut developed or platted single-family lots outside
the PUD, greater exterior building and parking setbacks may be required in order to
provide effective screening. The City Council shall make a determination regarding the
adequacy of screening proposed by the applicant. Screening may include the use of
natural topography or earth berming, existing and proposed plantings and other features
such as roadways and wetlands which provide separation of uses.
6. Areas within a PUD which are designated in the approved master development plan or
final site plan for residential use shall be considered a residential district for purposes of
determining building and parking setback requirements on adjacent commercial and
industrial property outside the PUD.
G. More Than One Building Per Lot: More than one building may be placed on one platted
or recorded lot in a PUD.
H. Single Land Use Or Housing Type: Any PUD which involves a single land use type or
housing type shall be permitted; provided, that it is otherwise consistent with the objectives
of this Title and the Comprehensive Plan.
I. Private Recreational Uses: Each residential PUD comprised of units other than single-family
detached housing or within a mixed use PUD shall provide an area dedicated for private
recreational uses for project residents. Such areas will be for active or passive recreational
uses suited for the needs of the residents of the project, including swimming pools, trails,
nature areas, picnic areas, tot lots and saunas.
J. Unified Ownership Or Control: All property to be included within a PUD shall be under unified
ownership or control or subject to such legal restrictions or covenants as may be necessary
to ensure compliance with the approved master development plan and final site and building
plan.
K. Signs: Signs shall be restricted to those which are permitted in a sign plan approved by the
City and shall be regulated by permanent covenants.
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L. Application Of Other Provisions: The requirements contained in sections of this Title
pertaining to Chapter 3, General Zoning Provisions, and Chapter 6, Performance Standards,
shall apply to a PUD as deemed appropriate by the City.
M. Compliance With Provisions: No building or other permit shall be issued for any work on
property included within a proposed or approved PUD nor shall any work occur unless such
work is in compliance with the proposed or approved PUD. (Ord. 644, 2-19-1997)
11-14-4: CLUSTER HOUSING:
Each PUD developed for single-family detached dwellings on sites guided for low density
residential development in the Comprehensive Plan shall be subject to the following standards:
A. Minimum Size Of Parcel: Minimum size of entire parcel or parcels subject to the PUD: 10
acres;
B. Permitted Locations: In areas of the City where smaller lots will serve as a transition between
low density residential areas and a higher intensity use or because of unique physical or
topographic constraints, the property could be more sensitively developed, as determined by
the City Council, as a small lot cluster home development;
C. Minimum Lot Size:
1. MUSA: 7,500 square feet;
2. Non-MUSA: 1.5 acres;
3. For cluster housing where lot areas are designed to be similar to the size of the dwelling
unit and the surrounding property held in common ownership, the 7,500 square foot lot
size is waived as long as the average of all parcels is a minimum of 7,500 square feet;
D. Minimum Lot Width At ROW Line:
1. MUSA: 60 feet;
2. Non-MUSA: 180 feet;
E. Minimum Lot Depth: 125 feet;
F. Minimum Front Yard Setback:
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1. MUSA: 20 feet on internal streets within the PUD. On exterior or through streets, a 30 foot
setback must be provided on local streets and a 40 foot setback on intermediate and
minor arterial streets as defined by the Comprehensive Plan;
2. Non-MUSA: 100 feet on internal streets within the PUD;
G. Minimum Side Yard Setbacks:
1. MUSA: 10 feet with 5 feet on the garage side;
2. Non-MUSA: 25 feet;
H. Rear Yard Setback:
1. MUSA: 30 feet;
2. Non-MUSA: 50 feet;
I. Building Height: Maximum of 35 feet;
J. Dwellings:
1. All dwelling units shall have a depth of at least 20 feet for at least fifty percent (50%) of
their width;
2. All dwellings shall have a permanent foundation in conformance with the Minnesota State
Building Code;
K. Accessory Structures: Accessory structures shall conform to the setbacks and sizes
established in Section 11-3-3 of this Title;
L. Covenants:
1. MUSA: Where property is within the MUSA, a homeowners' association shall be
established by the developer to oversee the maintenance of commonly held properties and
review of architectural modifications to the approved plans;
2. Non-MUSA: When property is outside the MUSA, the developer shall sign a restrictive
covenant for land to be held as open space or for agricultural purposes under this
clustering provision. The restrictive covenant shall limit the use of the restricted land to
agricultural purposes or open space until the property is rezoned, or receives City sewer
and water services;
M. Architectural And Landscape Design; Privacy: The applicant shall demonstrate that the
architectural and landscape design being proposed for cluster housing developments
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provide privacy for both internal and exterior living areas. This provision shall include, but not
be limited to, landscape and fence screens, location of HVAC equipment, and location of
structures relative to adjacent homes. Deviations from approved plans must be approved by
both the City Council and by the established homeowners' association;
N. Fire, Life And Safety Requirements: The applicant shall demonstrate that the platting, design
and setback of structures will meet City fire, life, and safety requirements and facilitate the
maintenance of building exteriors, which may be accomplished by any combination of
structural setback requirements, provision of easements and/or incorporation of building
code improvements approved by the City. No intrusions of any kind will be permitted into
approved setbacks unless it can be demonstrated that fire, life, and safety requirements of
the City can be met. These revised setbacks will specifically be designated in the PUD
agreement;
O. Compliance Required: All lots platted within a cluster housing development under this
Chapter shall have a statement recorded in the chain of title that states that any construction
on the lot must be in compliance with the PUD development plan, final site plan, and
architectural drawings, as approved by the City; and
P. Lot Yield Plan: A lot yield plan must be submitted as part of the developer's proposal. The
applicant shall demonstrate in the lot yield plan the number of potential lots which could be
developed under the existing zoning compared to the developer's proposal. (Ord. 644, 2-19-
1997)
11-14-5: REVIEW OF APPLICATION:
A. Concept Plan:
1. In order to receive guidance in the design of a PUD prior to submission of a formal
application, an applicant may submit a concept plan for review and comment by the
Planning Commission and City Council. Submission of a concept plan is optional but is
highly recommended for large PUDs. In order for the review to be of most help to the
applicant, the concept plan should contain such specific information as is suggested by
the City. Generally, this information should include the following:
a. Approximate building and road locations;
b. Height, bulk and square footage of buildings;
c. Type and square footage of specific land uses;
d. Number of dwelling units;
e. Generalized grading plan showing areas to be cut, filled and preserved; and
f. Staging and timing of the development.
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2. The comments of the Planning Commission and City Council shall address the
consistency of the concept plan with this Chapter. The comments of the Planning
Commission and City Council shall be for guidance only and shall not be considered
binding upon the City regarding approval of the formal PUD application when submitted.
B. Rezoning; Master Development Plan:
1. Approval of a rezoning to PUD and approval of a master development plan shall be
subject to the procedures outlined in Section 11-2-8 of this Title for a Zoning Map
amendment. The master development plan shall contain the following:
a. Building location, height, bulk and square footage;
b. Type and square footage of specific land uses;
c. Number of dwelling units;
d. Detailed street and utility locations and sizes;
e. Drainage plan, including location and size of pipes and water storage areas;
f. Grading plan;
g. Generalized landscape plan;
h. Generalized plan for uniform signs and lighting;
i. Plan for timing and phasing of the development;
j. Covenants or other restrictions proposed for the regulation of the development; and
k. Renderings or elevations of the entrance side of buildings to be constructed in the
first phase of the development.
2. Approval of the master development plan shall indicate approval of the previously listed
items and shall occur in conjunction with rezoning of the property to PUD. After rezoning
of the property to PUD, nothing shall be constructed on the PUD site except in
conformance with the approved plans and this Chapter.
C. Final Site And Building Plan:
1. Approval of a final site and building plan for the entire PUD or for specific parts of the PUD
shall be subject to the procedures outlined in Section 11-2-4 of this Title. The final site and
building plan shall contain information as required by the City, including the following:
a. Detailed utility, street, grading and drainage plans;
b. Detailed building elevations and floor plans; and
c. Detailed landscaping, sign and lighting plans.
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2. The final site and building plan shall be in substantial compliance with the approved
master development plan. Substantial compliance shall mean:
a. Buildings, parking areas and roads are in substantially the same location as previously
approved;
b. The number of residential living units has not increased or decreased by more than five
percent (5%) from that approved in the master development plan;
c. The floor area of nonresidential uses has not been increased by more than five percent
(5%) nor has the gross floor area of any individual building been increased by more
than ten percent (10%) from that approved in the master development plan;
d. There has been no increase in the number of stories in any building;
e. Open space has not been decreased or altered to change its original design or intended
use; and
f. All special conditions required on the master development plan by the City have been
incorporated into the final site and building plan. Approval of a final site and building
plan shall signify approval of all plans necessary prior to application for a building
permit, subject to conformance with any conditions on the approval and subject to other
necessary approvals by the City.
D. Combining Final Site And Building Plan With Master Development Plan: Applicants may
combine the final site and building plan review with the master development plan review by
submitting all information required for both stages simultaneously.
E. Recommendations And Actions:
1. The Planning Commission and City Council shall base their recommendations and actions
regarding approval of a PUD on a consideration of the following:
a. Compatibility of the proposed plan with this Chapter and the goals and policies
proposals of the Comprehensive Plan;
b. Effect of the proposed plan on the neighborhood in which it is to be located;
c. Internal organization and adequacy of various uses or densities, circulation and parking
facilities, public facilities, recreation areas, open spaces, screening and landscaping;
d. Consistency with the standards of Section 11-2-4 of this Title pertaining to site and
building plan review; and
e. Such other factors as the Planning Commission or City Council deems relevant.
2. The Planning Commission and City Council may attach such conditions to their actions as
they shall determine necessary or convenient to better accomplish the purposes of this
Chapter. (Ord. 644, 2-19-1997)
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11-14-6: TERM OF APPROVAL:
If application has not been made for a final site and building plan approval pursuant to the
approved master development plan for all or a part of the property within a PUD or construction
on the property has not been initiated in conformance with the approved site and building plan
by December 31 of the year following the date on which the PUD Zoning Map amendment
became effective or if within that period no extension of time has been granted, the City Council
may rezone the property to the zoning classification at the time of the PUD application or to a
zoning classification consistent with the Comprehensive Plan designation for the property. In the
absence of a rezoning, the approved master development plan shall and approved site and
building plan if applicable shall remain the legal control governing development of the property
included within the PUD. (Ord. 644, 2-19-1997)
11-14-7: AMENDMENTS:
A. Major amendments to an approved master development plan may be approved by the City
Council after review by the Planning Commission. The notification and public hearing
procedure for such amendment shall be the same as for approval of the original PUD. A
major amendment is any amendment which:
1. Substantially alters the location of buildings, parking areas or roads;
2. Increases or decreases the number of residential dwelling units by more than five percent
(5%);
3. Increases the gross floor area of nonresidential buildings by more than five percent (5%)
or increases the gross floor area of any individual building by more than ten percent
(10%);
4. Increases the number of stories of any building;
5. Decreases the amount of open space by more than five percent (5%) or alters it in such a
way as to change its original design or intended use; or
6. Creates noncompliance with any special condition attached to the approval of the master
development plan.
B. Any other amendment may be made administratively where the Director of Community
Development determines that review and approval by the Planning Commission and City
Council of a detailed site plan is unnecessary to meet the objectives of this Chapter. (Ord.
644) 2-19-1997)
11-14-8: EXEMPTIONS:
This Chapter shall not apply to any PUD which has received final approval by the City Council
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prior to the effective date of the ordinance from which this Title is derived unless such is
requested by the property owner and approved by the City Council. (Ord. 644, 2-19-1997)
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ARTICLE A. PLANNED DEVELOPMENT OVERLAY
DISTRICT
11-14A-1: PURPOSE STATEMENT:
The purpose of the planned development overlay district is to promote creative and efficient use
of land. This is accomplished by providing flexibility in the design of land development than is
presently possible through the strict interpretation of conventional zoning and land division
ordinances. A planned development overlay plan should be compatible with the established and
proposed surrounding land uses and should accrue benefits to the city and the general public in
terms of need, convenience and service sufficient to justify any necessary exceptions to the
zoning and subdivision ordinances.
It is the applicant's responsibility to demonstrate that the proposed planned development
overlay plan accomplishes one or more of the following:
A. Introduce flexibility of site design and architecture for the conservation of land, natural
features, and open space through clustering of structures, facilities, amenities, and activities
for public benefit;
B. Improve the efficiency of public streets and utilities through a more efficient and effective use
of land, open space, and public facilities through assembly and development of land in larger
parcels;
C. Provide mixed land use and land use transitions in keeping with the character of adjacent
land uses in harmony with the comprehensive plan and the underlying zoning districts; and
D. Provide for the clustering of land parcels for development as an integrated, coordinated unit
as opposed to a parcel by parcel, piecemeal approach and to maintain these parcels by
central management including integrated and joint use of parking, maintenance of open
space and similar features, and harmonious selection and efficient distribution of uses. (Ord.
7961 6-21-2006)
11-14A-2: APPLICABILITY:
The provisions of this article apply to any zoning district established by section 11-1-5, "Zoning
Districts Established", of this title. Within the PDO district, uses are determined by the
underlying zoning district and in harmony with the comprehensive plan. All conditional uses
must be considered permitted to eliminate the overlapping procedural requirements of individual
conditional use provisions. (Ord. 796, 6-21-2006)
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11-14A-3: SUBMITTAL REQUIREMENTS:
All property within a planned development overlay requires a development plan. The
development plan must be preceded by a preliminary concept plan.
A. Preliminary Concept Plan: Applicants must submit to the planning division for review and
comment a preliminary concept plan for the affected property. The density of a planned
development will be based on the density of the underlying zone. The development
standards of the underlying zone will provide a basic guide for the design of a planned
development. The preliminary concept plan must include the following information:
1. Proposed land uses, building locations and housing unit densities.
2. Proposed circulation patterns indicating the status of street ownership.
3. Proposed open space uses.
4. Proposed grading and drainage patterns.
5. Relationship of the proposed development to the surrounding area and the
comprehensive plan.
B. Planned Development Overlay (PDO) Plan: Applicants must submit a PDO plan for the entire
property proposed for development. A request for a rezoning may be included in the
development plan materials. Approval of a PDO plan is subject to the procedures for
submittal, notification, and public hearing defined in this code, except as modified in this
section. No final approvals may be granted by the city until all necessary approvals for an
EIS, EAW or comprehensive plan amendment have been granted. The city council may
attach such conditions to their actions as they determine necessary or convenient to better
accomplish the purpose of this section.
C. Site Plan Review: All proposed uses are subject to the site plan review requirements found in
section 11-2-4 of this title. For single phase construction projects, site plan review may be
combined with the PDO plan approval. (Ord. 796, 6-21-2006)
11-14A-4: APPLICATION:
A. Amendment Procedure: All provisions of section 11-2-8, "Amendments", of this title will apply.
B. Contents: Each application of a PDO must include at least the following details:
1. A legal description of the area proposed for a PDO plan.
2. A map, drawn to scale showing the following:
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a. The proposed boundaries of the PDO plan;
b. The present zoning classifications) and use(s) within the proposed PDO district that is
within five hundred feet (500') of the proposed PDO plan area.
c. All public rights of way within the proposed PDO plan.
d. Other information as necessary to determine how the proposed PDO plan affects
existing uses within the PDO plan boundaries and within five hundred feet (500') of
those PDO plan boundaries.
3. A written description of the specific restrictions, standards, or guidelines to be
implemented by the PDO district and the effect those restrictions, standards, or guidelines
may have on development and performance standards for the underlying zoning district.
4. A written statement generally describing how the proposed PDO will promote or
implement the goals and objectives of the city's comprehensive plan.
5. Evidence that all owners of land and structures within the proposed PDO who are not
represented by the applicant have been notified by mail of: The applicant's intent to
request the development overlay district zoning; the application, review and approval
process for the PDO designation; and the specific effects of overlay district zoning on
properties within the proposed overlay district.
6. Summary sheet indicating the gross area in acres and square feet for each land use, the
number of proposed dwelling units per gross acre, number of any proposed dwelling units
by type and density, amount of land in common open space, and number of parking
spaces provided.
7. A site plan showing lot lines, building locations, parking spaces, drives, common open
space areas, recreation facilities and development amenities.
8. Preliminary and final plat in accordance with the subdivision ordinance.
9. Sanitary sewer, water main, storm sewer, landscaping, grading and drainage pattern
plans.
10. Lighting, mailbox, sign and entry monument and other plans as necessary.
11. Building elevations and colored plan renderings demonstrating architectural features and
of the typical residences, community buildings, and other structures proposed to be
constructed on the site.
12. Proposed homeowners' association or condominium documents and declarations of
covenants and restrictions.
13. Other information as determined necessary. (Ord. 796, 6-21-2006)
11-14A-5: PLANNED DEVELOPMENT OVERLAY PLAN APPROVAL:
The planning commission must make a recommendation on the proposal to the city council.
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Upon receiving the planning commission's recommendation, the city council will grant, subject
to conditions, or deny the planned development overlay plan. The findings necessary for
approval must include, but not be limited to, the following:
A. The PDO plan is consistent with the intent of this chapter.
B. The PDO plan meets the standards required for a conditional use.
C. Each stage of the PDO plan can exist as an independent unit.
D. The area surrounding the PDO plan can be planned and developed in coordination and
substantial compatibility with the proposed PDO plan.
E. Any proposed density transfer is consistent with the preservation and enhancement of
important natural features of the site.
F. Any density bonus is consistent with the density bonus criteria of this chapter.
G. Any variation of flexibility from zoning standards most similar in function to the proposed
PDO plan must produce results equal to or better than those achieved by the applicable
zoning standard.
H. Other factors related to the project as the planning commission and city council deem
relevant. The planning commission and city council may attach such conditions to their
actions as they determine necessary to accomplish the purposes of this section. (Ord. 796,
6-21-2006)
11-14A-6: PLANNED DEVELOPMENT OVERLAY PLAN CHANGES:
Any significant changes in the approved PDO plan may be made only after a public hearing and
recommendation to the city council by the planning commission and approved by the city
council. (Ord. 796, 6-21-2006)
11-14A-7: PLANNED DEVELOPMENT OVERLAY PLAN TERMINATION:
Approval of a PDO plan will be effective for one year from the date approved by the city council.
Upon written application by the developer the city council, following review and recommendation
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by the planning commission, may extend PDO plan approval for periods up to twelve (12)
months each upon a finding that:
A. The proposed use, or uses, is consistent with the city's comprehensive land use plan current
at the time the request for an extension is considered; and
B. The project design meets the applicable city code standards in effect at the time the request
for an extension is considered, or the design is modified to satisfy those standards. (Ord.
796) 6-21-2006)
11-14A-8: DEVELOPMENT STAGING:
Certain PDO plans may involve construction over an extended period of time. If it is proposed to
develop a project during a period exceeding two (2) years, the developer may request concept
approval from the planning commission and city council for the entire project and permission to
submit application for PDO plan approval for the first stage of the project. A public hearing will
be required by the planning commission for consideration of concept approval as well as for
each stage of development in the extended staged PDO plan. Each stage of the PDO plan
requires development plan approval. (Ord. 796, 6-21-2006)
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