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HomeMy WebLinkAbout10B - Mixed Use PUD CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-l714 MEETING DATE: AGENDA #: PREPARED BY: OCTOBER 4, 2004 lOB JANE KANSIER, PLANNING DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT DELETING SECTION 1106 (pLANNED UNIT DEVELOPMENTS) OF THE ZONING ORDINANCE AND CREATING A NEW MIXED USE PLANNED UNIT DEVELOPMENT DISTRICT DISCUSSION: Historv: On August 23, 2004, the Planning Commission initiated an amendment to the Zoning Ordinance as it pertains to Section 1106 (Planned Unit Developments). The purpose of this amendment is to establish each PUD as its own Zoning District, rather than as an overlay district. This will allow more flexibility in uses and other standards. The amendment also includes language that requires a high standard of development in exchange for mixed uses and flexibility in selected bulk standards. The Planning Commission considered the proposed amendment at a public hearing on September 13, 2004. The Commission recommended approval of the amendment subject to some changes. The Planning Commission reviewed a revised draft on September 27, 2004 and recommended approval. Current Circumstances: Section 1106 of the Zoning Ordinance outlines the purpose and intent, standards, and procedure for a planned unit development. As it is presently written, the Zoning Ordinance treats planned unit developments as an overlay district. This means the uses are determined by the underlying Zoning Use District. The ordinance also includes standards on the types of modifications permitted, as well as the maximum modification. The proposed amendment changes the overall approach to planned unit developments. Rather than an overlay, each PUD becomes its own zoning district, with a specific set of standards for the approved uses. This approach is intended to allow more flexibility for both the developer and the City. With this approach, the PUD process provides for a joint planning/design effort by the developers and the City. The proposed amendment also allows a PUD to be multi-purpose in nature, so that it may consist of a combination of residential and commercial uses. Mixed use projects are becoming more and more popular in the development community. Recent planning literature suggests these types of projects are a result of redevelopment of suburban strip centers. Combining different land uses in a single development can fill an important market niche in many 1:\04 files\04 ordin amend\04 zoning\mixed use district\cc report. doc www.cityofpriorlake.com Page I Phone 952.447.4230 / Fax 952.447.4245 communities. According to the University of Wisconsin Extension newsletter (Let's Talk Business, August 2000), mixed-use projects can benefit a community as follows: . Create a sense of place and provide more interaction among people; . Increase economic vitality and expand market opportunities; · Support long-term economic stability by strengthening the tax base, job market and business opportunities; . Increase transportation options, such as walking, biking or bussing; . Maximize use of land and public infrastructure (i.e. roads, water, sewer); · Allow people to use facilities at different times for different purposes; . Provide affordable and market-rate housing options; . Encourage historic preservation, re-use and redevelopment of existing buildings. In addition to these community benefits, businesses can benefit from the increased customer traffic generated by other occupants and users of the development. The City has approved and encouraged the development of mixed use projects in the downtown (Lakefront Plaza for example). We are also receiving more inquiries about this type of development. Recent examples include the Shepard's Path concept plan, the Arima concept plan and the Jeffers Pond concept. While this amendment is intended to encourage mixed uses and more creative development, it is not intended "to allow for reductions or waivers to the standard Use District requirements solely for the purpose of increasing overall density, allowing the use of private streets or allowing development that otherwise could not be approved." This language is specifically included in the ordinance. The amendment language will replace Section 1106 in its entirety. The following is a brief summary of each section of the proposed ordinance. 1106.100 Purpose. This section outlines the purpose and intent of the PUD ordinance. This section also includes the specific language quoted above. 11 06.200 Findinf!s. This section lists the criteria to be considered when reviewing a PUD application. While some of the findings are the same as our current ordinance, this section also incorporates the specific benefits of mixed-use developments. 1106.300 Definition. This section specifically defines a planned unit development. 1106.400 Authorization. This section illustrates what may be done as part of a PUD. Rather than define specific maximums or limits, it outlines the types of development. 1:\04 files\04 ordin amend\04 zoning\mixed use district\cc report.doc Page 2 ----".,-----"'-_.._---------~-- 1106.500 Allowed Uses. This section notes that the PUD is controlled by the Comprehensive Land Use Plan designation ofthe property. This provides some guidance to nearby property owners about what types of uses may be developed on the site. 1106.600 Minimum PUD Elif!ibilitv Rel1uirements. This section establishes the minimum size requirement for a PUD. The current ordinance requires at least 10 acres for a PUD. There is, however, a procedure to allow an applicant to seek an exception to this minimum size requirement. The City Attomey has recommended a minimum size requirement of 40 acres to avoid the appearance of spot zoning. The Planning Commission considered this requirement on September 27,2004 and recommended the minimum size requirement remain at 10 acres. The Commission felt a 40 acres minimum was excessive, and that it would eliminate some of the flexibility this ordinance is intended to provide. 1106.700 PUD Submission Rel1uirements and Procedures. This section includes the same phases ofa PUD as the current ordinance: (I) concept plan (optional); (2) preliminary PUD plan; and (3) final PUD plan. The procedure for a concept plan and a preliminary PUD plan remain the same. At the conclusion of the preliminary PUD process, the City Council adopts an ordinance creating the new PUD district. This is the plan that establishes the guidelines for all future phases of the PUD. At the final PUD plan stage, the Planning Commission also recommended a public hearing. This would allow further public input on the specifics of the final stage. Following the public hearing, the City Council would adopt a resolution with findings of fact as the basis of its decision. The Issues: The staff has attempted to write an ordinance that will accomplish the objectives of the Comprehensive Plan, and at the same time, provide flexibility in design and development. In drafting the ordinance, the staff raised four questions involving the approach this ordinance should take. These issues, and the Planning Commission recommendations, are outlined below. 1. PROCEDURE. As written, the proposed ordinance requires a public hearing at both the preliminary and final PUD stage. This will add some time to the process for an applicant. The Planning Commission and the staff debated the idea of conducting a hearing only at the final stage; however, we believed this was too far along in the process to benefit from any public comment. The Commission concluded the actual PUD ordinance (map amendment) should be adopted at the preliminary stage. This would require the applicant provide revised plans incorporating all conditions of approval prior to recording the ordinance. The final PUD plan should still require a public hearing in order to allow public comment on the specifics of the particular final stage. While this process does add some time to the development, the Planning Commission felt the size and complexity of these projects would warrant the additional time. 2. MARKET STUDIES. The Planning Commission also discussed the need for a market study as part of the submittal package. The question here is whether or not that is something the City would like to require. On the 1:\04 files\04 ordin amend\04 zoning\mixed use district\cc report.doc Page 3 --~,-_.---_.+_._- --'-'--'-'._-'+-'-"-"'-~"-'--'_."'-"- one hand, we generally assume the developer has completed such a study as part of hislher due diligence. Most financial institutions require a market study as part of a loan application for new development. On the other, the PUD process is intended to allow new, creative uses and development. The last thing we want is for such projects 10 fail because of the market. Ifa market study is required, it is not the staff's role to determine whether or not the study is adequate. We would verify that the study is recent and that it establishes a need or market for the particular development. The Planning Commission agreed the information contained in the market study would be useful, but wished to be sensitive as to the scope of this study. The staff has included language in the revised draft requiring a "market study prepared within the 6 months prior to the application identifYing the market area of the project and the demand trends within this area. " 3. LAND USES. The proposed ordinance bases the permitted uses in a PUD on the underlying Comprehensive Plan Land Use designation. This can allow a broad range of uses. The Planning Commission agreed with this approach. 4. HEIGHT, SETBACK AND OTHER MODIFICA nONS. The proposed ordinance also leaves the possible modifications, such as building height, setbacks and so on, to City Council discretion. This approach is intended to provide the greatest amount of flexibility. The Planning Commission also agreed with this approach. It should be noted that this flexibility applies only to Planned Unit Developments. Conventional development will include regulations on building height, setbacks, etc. There has been some recent discussion about raising the maximum building height in the City. The staff is undertaking a separate study about possible changes to the height requirements in the City. We will bring this study to the City Council at a later date. The City Council must make a decision whether to amend the Zoning Ordinance based on the following criteria: 1. There is a public need for the amendment. There is a public need for the amendment. The process will allow more flexibility and creativity in the development of large tracts of land. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. Objectives of the Comprehensive Plan include: · Encourage the development of suitable housing in a desirable environment. . Maintain a choice of and encourage development of quality residential environments. . Provide suitable passive open space for the preservation of the natural environment and the enjoyment of residents. 1:\04 files\04 ordin amend\04 zoning\mixed use district\cc report.doc Page 4 ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: · Determine and strive for a balance of commerce, industry and population; · Encourage a diversified economic base and a broad range of employment opportunities; . Promote sound land use; and · Maintain high standards in the promotion and development of commerce and industry. The proposed amendment strives to accomplish the objectives and policies of the Comprehensive Plan by providing a tool to allow a more flexible development, and still providing an opportunity for public input. 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. Conclusion: Both the Planning Commission and the staff recommend approval of this amendment. The City Council has three alternatives: I. Adopt an Ordinance approving the proposed amendment as recommended. 2. Deny the proposed Ordinance. 3. Defer this item and provide staff with specific direction. The staff recommen Alternative # I. A motion and second to adopt Ordinance 04- XX a roving the amendment as recommended by the P(ining 0 ISS n. Manager 1:\04 files\04 ordin arnend\04 zoning\mixed use district\cc report.doc Page 5 --,-_....,'-_.~--.~--....- _."'~---'-_.'-'------'-"~.'--"~'- 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04-XX AN ORDINANCE AMENDING SECTION 1106 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1106 is deleted in its entirety and replaced with the following language: SECTION 1106 MIXED USE PLANNED UNIT DEVELOPMENT DISTRICTS 1106.100: PURPOSE. The purpose of the Planned Unit Development District (PUD) is to offer an alternative to development as outlined in the residential, commercial, and industrial use districts of this Ordinance. The PUD District will and to provide for greater flexibility in the development and redevelopment process as compared to development under the definitive and precise requirements of the conventional use districts. The PUD District must demonstrate that the particular areas to be developed can offer greater value to the community and can better meet the community's health, welfare, and safety requirements than if those same areas were to be developed in a single purpose zone. The PUD process provides for a joint planning/design effort by developers and City officials. Development in a single purpose Use District establishes maximum limits within which developers must perform. The Planned Unit Development may be multi- purpose in nature so that not only may it be residential, commercial, or industrial, but also it may contain a combination of these uses. It is not the intent of this Section to allow for reductions or waivers to the standard Use District requirements solely for the purpose of increasing overall density, allowing the use of private streets or allowing development that otherwise could not be approved. 1106.200 FINDINGS. The City Council finds that the City and its residents will benefit by creating a process which permits Planned Unit Development District which will allow for greater flexibility in the development of a parcel or property by tailoring the development to the site and neighborhood. Such benefits include, but are not limited to: (1) Provides a flexible approach to development which is in harmony with the purpose and intent of the City's Comprehensive Plan and Zoning Ordinance. (2) More creative, efficient and effective use of land, open space and public facilities through mixing of land uses. (3) Create a sense of place and provide more interaction among people; (4) Increase economic vitality and expand market opportunities; L:I04 FILESI04 ORDIN AMENDl04 ZONI~i~ll9MfA'i6\illJ~'e8ilR4-XX.dOc Phone 952.447.4230 / Fax 952.447.4245 1 (5) Support long-term economic stability by strengthening the tax base, job market and business opportunities; (6) Increase transportation options, such as walking, biking or bussing; (7) Provide opportunities for life cycle housing to all ages. (8) Provide more efficient and effective use of streets, utilities, and public facilities that support high quality land use development at a lesser cost. (9) Enhanced incorporation of recreational, public and open space components in the development which may be made more useable and be more suitably located than would otherwise be provided under conventional development procedures. The PUD district also encourages the developer to convey property to the public, over and above required dedications, by allowing a portion of the density to be transferred to other parts of the site. (10) Preserves and enhances desirable site characteristics and open space, and protection of sensitive environmental features including, but not limited to, steep slopes, wetlands, and trees. Where applicable, the PUD should also encourage historic preservation, re-use and redevelopment of existing buildings. (11) High quality of design compatible with surrounding land uses, including both existing and planned. 1106.300 DEFINITION. A planned unit development (PUD) is a development of land that is under unified control and is planned and developed as a whole in a single development operation or in a programmed series of development stages. The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements. A planned unit development is built according to a detailed final development plan, as approved by the City Council. 1106,400 AUTHORIZATION. Approval of a Planned Unit Development District may allow: (1) Variety: Within a comprehensive site design concept a mixture of land uses, housing types and densities. (2) Sensitivity: Through the departure from the strict application of required setbacks, yard areas, lot sizes, minimum house sizes, minimum requirements, and other performance standards associated with traditional zoning, planned unit development can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. (3) Efficiency: The consolidation of areas for recreation and reductions in street lengths and other utility-related expenses. L:I04 FILESI04 OROIN AMENOI04 ZONINGIMixed Use Oistrictlord04-XX.doc 2 1106.500 1106.501 1106.600: (4) Density Transfer: The project density may be clustered. basing density on number of units per acre versus specific lot dimensions. (5) District Integration: The combination of uses which are allowed in separate zoning districts, such as: a. Mixed residential allows both densities and unit types to be varied within the project. b. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects, regulation provides increased density on the property if a PUD is utilized. c. Mixed land uses with the integration of compatible land uses within the project. ALLOWED USES. Uses within a PUD District may include only those uses generally considered associated with the general land use category shown for the area on the official Comprehensive Land Use Plan Map. Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and development plan. The PUD development plan shall identify all the proposed land uses and those uses shall become permitted uses with the approval of the development plan by the City Council. Any change in list of uses presented in the development plan will be considered an amendment to the PUD and will follow the procedures specified in Section 1106.711 of this Ordinance. Required Standards. The City shall consider a proposed PUD District from the point of view of all standards and purposes of the Comprehensive Land Use Plan to achieve a maximum coordination between the proposed development and the surrounding uses, the conservation of woodland and the protection of health, safety and welfare of the community and residents of the PUD. To these ends, the City Council shall consider the location of the buildings, compatibility, parking areas and other features with respect to the topography of the area and existing natural features such as streams and large trees; the efficiency, adequacy and safety of the proposed layout of internal streets and driveways; the adequacy and location of green areas; the adequacy, location and screening of parking areas; and such other matters as the City Council may find to have a material bearing upon the stated standards and objectives of the Comprehensive Land Use Plan. In reviewing a PUD plan, the City Council must also consider the compatibility of the development with the Shoreland and Flood Plain district requirements. MINIMUM PUD ELIGIBILITY REQUIREMENTS. Projects available for PUD treatment shall have a site which consists of a parcel or contiguous parcels of land in common ownership 10 acres or more in size. An owner(s) of a tract of land less than 10 acres may apply to the Planning L:I04 FILESI04 ORDIN AMENDl04 ZONINGIMixed Use Districtlord04-XX.doc 3 1106.601 1106.700 1106.701 Commission for an exception to the 10-acres requirement pursuant to subsection 1106.601 below. The City Council may impose additional restrictions or requirements on land developed under the PUD process. The City Council shall make specific findings that the restrictions or requirements being imposed furthers, addresses, promotes or protects the general welfare, public safety, aesthetics, neighborhood character, environmental features or property values. These additional requirements may include, but are not limited to, traffic, traffic signals, parking, bufferyards, landscaping, noise, lighting, hours of operation, architectural design and off-site road and utility improvements. Exception to 10-Acres Requirement. In the case of a project where the applicant is seeking an exception to the 10-acres requirement, the applicant must submit a Concept Plan for review and approval by the Planning Commission. The Planning Commission shall decide, based upon the criteria set forth below, whether to authorize the City staff to accept and process an application for a Preliminary PUD Plan for a project less than 10 acres: (1) The proposed project meets all other criteria for a PUD except the acreage req uirement. (2) There are unique circumstances that prohibit the applicant from assembling 10 contiguous acres. (3) The proposed project is consistent with the goals and objectives of the Comprehensive Plan. (4) The applicant intends to provide for greater parks, open space, trails or public areas than required by this Ordinance. All preliminary PUD Plan applications permitted under this subsection shall be reviewed based on the standards and criteria for a PUD set forth in this Ordinance. PUD SUBMISSION REQUIREMENTS AND PROCEDURES. Planned Unit Developments shall be proposed and considered according to the requirements of this subsection. Concept Plan. Before filing an application for approval of a Preliminary PUD plan, the applicant is encouraged to submit a Concept Plan for review and comment by the City staff. Materials and information necessary for a Concept Plan include a map showing the location and size of the property, and any preliminary plans developed for the property. The applicant should be prepared to discuss the following: Comprehensive Plan consistency, relationship of the proposed development to the existing neighborhood, parks and open space, streets, utilities, steep slopes, wetlands and environmentally sensitive issues, and drainage and storm water management. The applicant may request a review of the Concept Plan by the Planning Commission to obtain the Commission's nonbinding comments on its merits. L:I04 FILESI04 ORDIN AMENDl04 ZONINGIMixed Use Districtlord04-XX.doc 4 1106.702 Preliminary PUD Plan. The preliminary PUD plan provides an opportunity for the applicant to submit a plan to the City showing the basic intent and the general nature of the entire development. 1106.703 Application for a Preliminary PUD Plan. An application for a Preliminary PUD Plan shall include all of the following information: (1) All information required for consideration and approval of a preliminary plat, if a plat is necessary. (2) A general development plan including the following: ~ Site conditions and existing development on the subject property and immediately adjacent properties. ~ General location of residential and nonresidential land uses with approximate type and intensities of development. ~ Overall maximum PUD density range. ~ The proposed type, size and location of all dwelling units, if dwelling units are proposed. ~ The general size, location and use of any proposed nonresidential buildings on the site. ~ All public streets, entrance and exit drives and walkway locations. ~ Parking areas. ~ Landscaped areas. ~ Parks and open spaces, public plazas and common areas. ~ Site dimensions. ~ Generalized drainage and utility plans. ~ Any other information the City may request to determine whether the proposed project meets the requirements of this subsection. ~ A narrative explaining how the Planned Unit Development will meet the stated purposes and objectives of this subsection. (3) Generalized phasing plan for the project, including the geographical sequence of construction and the number of dwelling units or square footage of nonresidential property to be constructed in each phase. (4) Traffic study containing, at a minimum, the total and peak hour trip generation from the site at full development, the effect of this traffic on the level of service of nearby and adjacent streets, intersections and total parking requirements. (5) A statement showing how the Planned Unit Development will meet the stated purposes and objectives of this subsection. (6) A market study prepared within the 6 months prior to the application identifying the market area of the project and the demand trends within this area. 1106.704 Procedure for Approval of a Preliminary PUD Plan. L:I04 FILESI04 OROIN AMENOI04 ZONINGIMixed Use Oistrictlord04-XX.doc 5 (1) An application for approval of a Preliminary PUD Plan shall be on a form provided by the City which shall include all of the following information: ~ The name, address and telephone number of the applicant. ~ The name, address and telephone number of the property owner. ~ The Comprehensive Land Use Plan designation of the property in question. ~ The Use District(s) in which the PUD is proposed to be located. ~ All data and plans comprising a preliminary PUD plan. No action on a Preliminary PUD Plan will be taken until all of the required information is received by the City. (2) The application shall be reviewed by the City staff and a report concerning the application shall be submitted to the Planning Commission for its consideration within 30 days of receipt of all material required by this Ordinance for review of the application. (3) The Planning Commission shall hold a public hearing in accordance with subsection 1109.200. The Planning Commission may continue the public hearing, if necessary, and shall make a recommendation on the Preliminary PUD Plan to the City Council within 60 days of the date a complete application, including all of the necessary submittals, was received by the City. If the Planning Commission fails to make a recommendation within the 60-day period, the City Council may then consider the Preliminary PUD Plan without the Planning Commission's recommendation. (4) The City Council may approve the Preliminary PUD Plan in whole or in part, may approve the Preliminary PUD Plan subject to conditions, may deny the Preliminary PUD Plan, or may continue consideration of the Preliminary PUD Plan for further investigation and hearing at a later date. (5) The City Council shall render a decision regarding the Preliminary PUD Plan application within 60 days of the Council's initial consideration of the Preliminary PUD Plan. The City Council shall adopt an ordinance including findings of fact for the basis of its decision. (6) When a Preliminary PUD Plan has been denied by the City Council, the owner or applicant may not reapply for the same or similar development on the same property for the 6-month period following the date of denial. 1106.705 Effect of Approval by the City Council of a Preliminary PUD Plan. City Council approval of the preliminary plan with or without modification shall constitute zoning approval as well as permission to file the application for a final plan or plans. The approved preliminary plan shall serve as the basis for all future development within the designated PUD district unless substantially modified according to the same procedures required for initial approval; however, such preliminary plan approval shall not constitute permission to initiate site improvement or building construction. Such activities must await final plan and building permit approvals. L:I04 FILESI04 OROIN AMENOI04 ZONINGlMixed Use Oistrictlord04-XX.doc 6 1106.706 Zoning Map Amended. The official zoning map of the City shall be revised to incorporate the new designation according to PUD numerical designation. The description of the new district will consist of all submissions for preliminary plan approval, as revised to meet the conditions of approval. 1106.707 Final PUD Plan. The final plan conveys essentially the same information as the approved preliminary plan in a more specific and complete manner. The final plan is the permanent public record of the PUD and may consist of all or a portion of the area encompassed by the preliminary plan, and shall include revisions of the preliminary plan as requested by the Planning Commission and/or City Council. The final plan shall implement the development objectives established by the approved preliminary plan and may be submitted in project stages for the entire PUD. 1106.708 Application for a Final PUD. The Final PUD Plan shall contain all of the following information: (1) A detailed site plan, drawn to scale and suitable for recording showing the location of all structures including their placement, size and type as well as streets, parking areas and stall arrangement, walkways and other pedestrian facilities, parking calculations, and open space including plazas and commons. The site plan shall conform to the approved preliminary PUD plan. (2) A final plat which meets the requirements of the City Subdivision Ordinance, if required. (3) A landscape plan showing the location, size and species of all plant materials, a landscaping irrigation system plan, and all other nonvegetative landscaped features. (4) A utility plan showing the location and size of all on-site utilities and easements as well as storm water runoff calculations for both the predevelopment and postdevelopment conditions of the site. (5) Building plans at a level of detail necessary to allow parking calculations to be made. (6) Building elevation drawings showing architectural details and proposed building materials. (7) Any deed restrictions, covenants, agreements and Articles of Incorporation and Bylaws of any proposed homeowners' associations or other documents or contracts which control the use or maintenance of property covered by the PUD plan. L:\04 FILES\04 ORDIN AMENDl04 ZONING\Mixed Use District\ord04-XX.doc 7 (8) A final phasing plan, if phasing is proposed, indicating the geographical sequence and timing of the development of the plan or portions thereof including the estimated date of beginning and completion of each phase. (9) Any other information which the City in its sole discretion may require to fully illustrate and document the intention and character of the PUD plan. 1106.709 Procedure for Approval of a Final PUD Plan. (1) The Final PUD Plan, consisting of the entire site or at a minimum the first phase of the total development, shall be submitted for approval within 90 days after City Council approval of a Preliminary PUD Plan unless a written request for a time extension is submitted by the applicant and approved by the City Council. The Final PUD Plan shall be considered according to the procedure in subsections (2) through (6) below. (2) An application for approval of a Final PUD Plan shall be on a form provided by the City which shall include all of the following information: ~ The name, address and telephone number of the applicant. ~ The name, address and telephone number of the property owner. ~ All data and plans comprising a final PUD plan. No action on a Final PUD Plan will be taken until all of the required information is received by the City. (3) The application shall be reviewed by the City staff and a report concerning the application shall be submitted to the Planning Commission for its consideration within 30 days of receipt of all material required by this Ordinance for review of the application. (4) The Planning Commission shall hold a public hearing in accordance with subsection 1109.200. The Planning Commission may continue the public hearing, if necessary, and shall make a recommendation on the Final PUD Plan to the City Council within 60 days of the date a complete application, including all of the necessary submittals, was received by the City. If the Planning Commission fails to make a recommendation within the 60-day period, the City Council may then consider the Final PUD Plan without the Planning Commission's recommendation. (5) The City Council shall render a decision regarding the Final PUD Plan application within 60 days of the City Council's initial consideration of the Final PUD Plan. The City Council shall adopt a resolution including findings of fact for the basis of its decision. 1106.710 Effect of Approval by the City Council of a Final PUD Plan. Any Final PUD Plan approved by the City Council is deemed a conditional approval and shall not be valid until all of the following requirements are met. (1) Development Agreement. The City and developer of a PUD shall execute a Development Contract which shall incorporate the resolution approving the Final PUD Plan and all conditions set forth in the resolution. L:\04 FILESI04 ORDIN AMENDl04 ZONINGIMixed Use Districtlord04-XX.doc 8 ~-"-'---'--'-----'-"--'~"- "...._._...._-----,._._-_._-~ The Development Contract shall require the developer to provide an irrevocable letter of credit provided by a financial institution licensed in the State of Minnesota. The form for the irrevocable letter of credit shall be provided by the City. The irrevocable letter of credit must be approved by the City. The letter of credit shall reference the Development Contract and be in an amount sufficient to insure the provision or development of improvements called for by the Development Contract. (2) Operating and Maintenance Requirements for Common Areas. If certain land areas or structures within the PUD are designated for recreational use, public plazas, open areas or service facilities, the owner(s) of such lands shall execute appropriate documents in a form acceptable to the City which assure the continued operation and maintenance of such areas or facilities. These common areas may be placed under the ownership and control of the Landlord; or of Homeowners' Association, if all of the following conditions are met: ~ The Homeowners' Association must be established prior to the sale of any property in the PUD. ~ Membership must be mandatory for each owner and successive buyer. ~ The open space restrictions must be permanent. ~ The association must be responsible for liability insurance, taxes and maintenance. ~ The landowner must pay its pro-rata share of an assessment levied by the association and that share if unpaid must become a lien on the property owned by the landowner. ~ The association must be able to adjust the assessment to meet changed needs. 1106.711 Approval and Amendments. The approval of a Preliminary PUD Plan and a Final PUD Plan and major amendments to the approved Preliminary PUD Plan and Final PUD Plan shall require an affirmative vote of 213rds of all the members of the City Council. The approval of minor amendments to the approved Final PUD shall require an affirmative vote of a majority of all the members of the City Council. (1) Effect of Final PUD Approval. Except as provided in subsection (2) below, no building permit shall be issued nor shall any development occur on land which does not conform to the approved Final PUD Plan. (2) Development of land which does not conform to the approved Final PUD Plan shall only be allowed after one of the following occurs: a) Minor changes such as changes that increase conformity with Ordinance requirements; decreases in residential density, leasable floor area, building height, impervious surface and/or required parking provided such decreases have a minimal impact on the overall character of the approved Final PUD Plan as determined by the Zoning Administrator; minor building additions and floor plan modifications that do not increase parking requirements or reduce useable open space; and changes that L:\04 FILES\04 GRDIN AMENDl04 ZONINGIMixed Use Districtlord04-XX.doc 9 are specified as minor amendments in the approved Development Contract may be authorized administratively if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed. b) Major amendments to a Preliminary and/or a Final PUD Plan including, but not limited to, changes in approved use classifications, changes to the approved final plat, increase in residential density, leasable floor area, building height, and/or required parking, reductions in useable open space, and any changes that are anticipated to result in off- site impacts as determined by the Zoning Administrator may be made only after a public hearing conducted by the Planning Commission and approval by the City Council. Any changes shall be adopted by ordinance and recorded as amendments to the recorded copy of the final development plan. The Development Contract may also be amended if necessary. c) All of the provisions of this Ordinance applicable to the original district within which the Planned Unit Development District is established shall apply to the PUD District except as otherwise provided in approval of the final plan. d) Review: If substantial development has not occurred within one year after approval of the PUD Zoning District, the City Council may instruct the Planning Commission to initiate rezoning to the original zoning district. It shall not be necessary for the City Council to find that the rezoning to the PUD District was in error. The applicant may submit a request for a time extension in writing. Such request must be approved by the City Council at least 30 days prior to the expiration of the 12-month period. Such extensions of time shall not exceed six (6) months. (3) Changes in Official Controls. Upon approval by the City Council of a Final PUD Plan, the subject area shall be governed by the conditions, provisions and restrictions of the approved Final PUD Plan and Development Contract. For 2 years following Final PUD Plan approval, unless the developer and the City agree otherwise, no amendment to the City of Prior Lake's Comprehensive Plan, Zoning Ordinance or Subdivision Ordinance shall apply to or affect the use, development density, lot size, lot layout, or dedication required or permitted by the approved Final PUD Plan. 1106.712 Fees and Reimbursements for City Costs. The fee for a PUD shall be set by the City Council. Reimbursements for City costs, including engineering, consulting and legal fees, shall also be applied to PUD applications and enforcement. 1106.713 Conversion of Former PUD Districts. The precedent zoning ordinance treated Planned Unit Developments as overlay districts. The use of land and buildings within the boundaries of a PUD approved prior to the effective date of this Ordinance continues to be governed by a unique set of development plan documents approved by the City Council which may L:I04 FILESI04 OROIN AMENDl04 ZONINGIMixed Use Oistrictlord04-XX.doc 10 include but are not limited to site plans, grading plans, landscaping plans, architectural plans and ownership association documents. Changes to a PUD approved prior to the effective date of this Ordinance will be processed under the procedures for major and minor amendments to a PUD in subsection 1106.711. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of Prior Lake this 4th day of October, 2004. ATTEST: City Manager Mayor L:\04 FILESI04 GRDIN AMENDl04 ZONINGIMixed Use Districtlord04-XX.doc 11 Planning Co",,,,issio,, Meeting September 13, 1004 The prel' inary plat application will comply with relevant ordinance provisions and City standards, vided all the conditions of approval are met. Therefore, the staff recommend approval with the 12 listed conditions in the Staff Report. to a PUD with the original concept. Commissioner . gstad abstained from discussions and vo Todd Bodem representl the developer Tollefson evelopment stated he had nothing to add to the report and was ware of the 12 listed co ditions. The public hearing was clos . Atwood: · Like the concept and will sup Lemke: · Support - had trouble m Perez: · Pleased to see the lot zes were address . · The developer is co inuing to work out the aining issues with the Watershed District and staff. · Will support as ng as the conditions are met. MOTION BY WOOD, SECOND BY LEMKE, RECOMME IMINARY PLAT TO SUBDIVIDE 24.49 ACRES TS, SUBJECT TO THE LISTED CONDITIONS. indicated ayes by all. MOTION CARRIED. ING APPROVAL 029 SINGLE Stamson: · Agreed - i ts into the ordinance. Support. Thi tem will go before the City Council on September 20, 2004. ='* B. #04-72 Zoning Ordinance Amendment - Amend Section ll06: Planned Unit Developments of the Zoning Ordinance to designate Planned Unit Developments as a distinct Zoning District rather than an overly district, and to establish the standards and criteria for a planned unit development. Planning Director Jane Kansier presented the Planning Report dated September 13, 2004 on file in the office of the City Planning Department. L:104 FILES\04 PLAN COMMISI04 pc MinutesIMN091 304.doc 3 Plallnmg Commission Meeting Sep_ber 13, 1004 On August 23, 2004, the Planning Commission initiated an amendment to the Zoning Ordinance as it pertains to Section 1106 (Planned Unit Developments). The purpose of this amendment is to establish each PUD as its own Zoning District, rather than as an overlay district. This will allow more flexibility in uses and other standards. The amendment also includes language requiring a high standard of development in exchange for mixed uses and flexibility in selected bulk standards. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan and the enabling legislation set forth in Minnesota statutes. Based upon the findings staff recommended approval. Perez questioned if staff talked to John Sullivan regarding the market study. Kansier responded she did and he agreed. Atwood questioned why wouldn't the City require the marketing study? Kansier said it could be construed as a public requirement in a public entitity. Stamson felt the developer probably already had it done. The down side is how much paperwork does the City want to review? Kansier said it is something in writing stating what they want to propose. It is really for unique and different kinds of projects. The Commissioners briefly touched on not making a very specific requirement. There were no comments from the public and the hearing was closed. Comments from the Commissioners: Ringstad: · Overall like the amendment. It is consistent with the goals of Comprehensive Plan. · Liked staff's discussion on what it is not intended for. · Does not have a strong feeling either way on the marketing study. Studies can be selective. It would depend on who you hire and what you are looking for. · Would agree if others on the Commission feel it is necessary. Lemke: . The flexibility is important and fits into the 2020 Vision Plan. · Would include the market study if it is already done. Would not want to require it be done if it had not already been done. · What about the building material? Kansier said the standard zoning requirement would be the base comparison. It would be wide open. The Planning Commission would have the flexibility to decide. · Maximum flexibility is good because things change. Has faith in the Planning Commission and City Council's discretion. L:\04 FILES\04 PLAN COMMIS\04 pc Minutes\MN091304.doc 4 PIa""ing Commissio" Meeting September 13, 1004 . As to the two public hearings - it does not seem to be streamlining the process. Often the difference between the Preliminary and Final are just the minor details. Not sure we couldn't get it all done in the preliminary procedure. · How much add in time for the two public hearing? Kansier said it usually takes 45+ days starting when the application is complete. It probably adds 2 weeks to the process. It will depend on the applicant. · Would prefer to see one public hearing and cover all the issues at the preliminary hearing. . It's a good step. One we probably need to take. Perez: . Regarding the public hearings - would lean toward one meeting to streamline. As long as the notices are sent out and the public can comment. . The market study is probably already done. Put in as a requirement. · Regarding land uses and modifications - It sounds like this would also help the Planning Department in trying to get the creativity we are looking for. Would not put any limitations on it and leave it open. . This will also meet the Comprehensive Plan requirements. . This is a high standard amendment with flexibility. Atwood: . This is a tool to allow a more flexible development and provide an opportunity for public input. · Regarding staff's three issues - agree with all the concerns. Feel there is a need for two public hearings. Would like to discuss. Theoretically one hearing works better, however, I see the need from the public's standpoint to have two meetings. . Agreed with Ringstad - Do not see any requirement need for the marketing study. However, there may be some useful information, so it could be allowed. . Recommend not to limit height requirements. Not at this stage, we can always amend. Weare looking for creativity. · Agree with Ringstad that staff laid out what this amendment is not intended. StaIDSon: . Agree with Commissioners on the purpose and intent. When the ordinance was written, it was intended to be creative with a little give and take. This is a much better approach. It gives the City a stronger hand to accomplish its goals and bring better developments. . I do not feel streamlining the process is an issue or concern. You can't come in and build something unique to a community and expect it to be whipped through the process in a couple of days. It has to be a longer process. For that reason two hearings is better for public hearings. Streamlined is not a concern at all. . Ringstad is right, no developer is going to come in with a market study stating he is not going to make it. It is not bad to request one. We could get a document that someone might have a different look of the community. The City might learn L:\04 FILES\04 PLAN COMMIS\04 pc MinutesIMN091304.dnc 5 Pllln";,,g COIII",ission Meeting September 13, 2004 something from a market study. Hate to see someone spend $10,000 at our request, but they probably already have a study. . Not concerned with the ordinance being done at the same time as the preliminary plan. The Commissioners discussed time lines (one year) and flexibility with new unique projects. The Commissioners were concemed but also agreed two public hearings were not out ofline. The public input is important. The City Attorney reviewed the proposal. MOTION BY LEMKE, SECOND BY PEREZ, RECOMMENDING APPROVAL OF THE PROPOSED AMENDMENT WITH COMMENTS FROM THE COMMISSIONERS. Vote taken indicated ayes by all. MOTION CARRIED. This item will go before the City Council on October 4, 2004. C. #04-11l Zoning Ordinance Amendment - Amend Sectio 1108.808 <Applicatio waiting Action on a Comprehensive Plan Amend nt) of the Zoning Ordinance to a w a combined petition process for a Compreh sive Plan Amendment and amendment to the Zoning Map. Planning Coordinator ette Moore presented the Plannin~eport dated September 13, 2004, on file in the office fthe City Planning Departmeny I In 1999, the Planning Cormm ion and City Council cln.sidered ways to provide a more systematic review of proposed d use changes, wl)ile increasing guidance to developers. At that time, it was ermined the oWectives could best be accomplished by amending the Zoning Ordinance to low the r7?~g of a property only after the Council had taken final action on the rov ofthe Comprehensive Plan designation for the site. Since the time of the 1999 Zoning Or . ance endment, staff has received numerous requests from developers wanting to bmit si ltaneous applications for Comprehensive Plan Amendmen d rezonings. or this reason, and to further streamline the development p ss, the Planning ission may want to consider removing the language from t Zoning Code. The amendment will eli . ate confusion and streamline th proval process. In addition, the amendme .11 continue to provide an oppo for the Planning Commission and City: ouncil to fully review Comprehensive P Amendment and rezoning requests. There were no mments from the public and the hearing was closed. L:\04 FILES\04 PLAN COMMIS\04 pc MinutesIMN091304.doc 6