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HomeMy WebLinkAbout4B PUD Ordinance Amendent Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: JULY 23, 2018 AGENDA #: 4B PREPARED BY: PUBLIC HEARING: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: CONSIDERATION OF A REQUEST TO RECOMMEND AMENDMENTS TO SECTION 1106 PLANNED UNIT DEVELOPMENTS OF THE CITY CODE DISCUSSION: Introduction The purpose of this public hearing is to consider certain amendments to Section 1106 Planned Unit Developments of the Prior Lake City Code to address PUD application submissions and procedures. Current Circumstances The purpose of the City’s Planned Unit Development (PUD) ordinance is to allow a procedure for “non-traditional” zoning developments. PUD Districts provide for greater flexibility in the development and redevelopment process as compared to development under the definitive and precise requirements of the conven- tional use districts. The current City process for a Final PUD Plan application involves a public hear- ing at the Planning Commission followed by City Council review. In the past this process has led to confusion for both the applicant and the public since a public hearing is held during the preceding Preliminary PUD review stage. Many times minor changes to the plans, if any, are made between the Preliminary PUD Plan approval and the submission of the Final PUD review. Therefore, the additional public hearing during the Final PUD review often becomes a redundant review of similar plan materials. Futhermore, many times the applicant has begun grad- ing construction following the approval of the Preliminary PUD Plan by City Council and holding another public hearing during the Final PUD Plan review brings additional comments regarding construction that has been previously ap- proved by the City. These additional comments are not the purpose of the Final PUD public hearing process; the purpose is to review the Final PUD plans. In Section 1106.711 of the City Code, the City does outline a process by which any major amendments to a Preliminary or Final PUD Plan may be considered by holding a public hearing before the Planning Commission followed by City Council review. Therefore, if a major change to an approved Preliminary PUD Plan is proposed prior to approval of the Final PUD Plan then a public hearing at the Planning Commission will be required as part of the amendment process. With this corresponding public hearing requirement for amendments to PUDs it appears the Final PUD Plan public hearing requirement is redundant. 2 Conclusion Ordinance Amendment recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies. In the case of amendments to the formal text of this Ordinance:  There is a public need for the amendment, or  The amendment will accomplish one or more of the purposes of this Ordi- nance, the Comprehensive Plan or other adopted plans or policies of the City, or  The adoption of the amendment is consistent with State and/or federal re- quirements. The amendment will accomplish one or more of the purposes of this Ordi- nance, the Comprehensive Plan, or other adopted plans or policies of the City. The proposed amendments meet these purposes of the Zoning Ordinance:  Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas.  Establish a continuing system of review of this Ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. The adoption of this amendment is consistent with State and/or federal re- quirements. These amendments are consistent with Minnesota State Statutes. Based upon the findings set forth in this report, staff recommends approval of the proposed amendments. ISSUES: City Staff and the City Attorney have discussed these amendments and concur that the similar procedure involving public hearings for a Final PUD Plan and Major Amendments to a Preliminary PUD are redundant and therefore the public hearing for Final PUD review may be eliminated. State Statute does not require a public hearing at the Final PUD stage so the City may eliminate this require- ment (thereby creating a more efficient application process) without violation of any State regulation. ALTERNATIVES: 1. Motion and a second to recommend amendments to Subsection 1106 (Planned Unit Developments) 2. Motion and a second to deny recommending amendments to the City Code as requested by the applicant and City staff. 3. Motion and a second to table action and provide direction to staff and con- tinue discussion at a future specified meeting. RECOMMENDED MOTION: ATTACHMENTS: Alternative #1 1. Proposed amendments to Subsections 1106 (PUDs) of the City Code. Zoning Ordinance City of Prior Lake June 1, 2009 1106/p1 SECTION 1106 PLANNED UNIT DEVELOPMENTS SUBSECTIONS 1106.100: Purpose 1106.200: Findings 1106.300: Definition 1106.400: Authorization 1106.500: Allowed Uses 1106.600: Minimum PUD Eligibility Requirements 1106.700: PUD Submission Requirements and Procedures 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; Zoning Ordinance City of Prior Lake June 1, 2009 1106/p2 (4) Increase economic vitality and expand market opportunities; (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. Zoning Ordinance City of Prior Lake June 1, 2009 1106/p3 (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. 1106.500 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. 1106.501 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. 1106.600: 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 Commission for an exception to the 10-acres requirement pursuant to Subsection 1106.601 below. Zoning Ordinance City of Prior Lake June 1, 2009 1106/p4 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. 1106.601 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 requirement. (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. 1106.700 PUD SUBMISSION REQUIREMENTS AND PROCEDURES: Planned Unit Developments shall be proposed and considered according to the requirements of this subsection. 1106.701 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. 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. Zoning Ordinance City of Prior Lake June 1, 2009 1106/p5 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. (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. Zoning Ordinance City of Prior Lake June 1, 2009 1106/p6  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. 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 Zoning Ordinance City of Prior Lake June 1, 2009 1106/p7 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. (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 days6 months 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 Zoning Ordinance City of Prior Lake June 1, 2009 1106/p8 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 City Council 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. (45) 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 Agreement which shall incorporate the resolution approving the Final PUD Plan and all conditions set forth in the resolution. The Development Contract Agreement 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 Agreement and be in an amount sufficient to insure the provision or development of improvements called for by the Development ContractAgreement. (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 Zoning Ordinance City of Prior Lake June 1, 2009 1106/p9 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 2/3rds 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. Minor changes include 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 are specified as minor amendments in the approved Development ContractAgreement. Major amendments to a Preliminary and/or a Final PUD Plan include, 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. (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 amendments to a Preliminary and/or Final PUD Plan require notice to all of the property owners within the PUD and approval by the City Council. Minor amendments may be authorized administratively if required by engineering or other circumstances not foreseen at the time the final plan was approved and filed. Zoning Ordinance City of Prior Lake June 1, 2009 1106/p10 b) Major amendments to a Preliminary and/or a Final PUD Plan 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 Agreement 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 ContractAgreement. 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 OrdinanceMay 1, 1999 continues to be governed by a unique set of development plan documents approved by the City Council which may 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 May 1, 1999 will be processed under the procedures for major and minor amendments to a PUD in Subsection 1106.711. (THIS SPACE INTENTIONALLY BLANK FOR FUTURE AMENDMENTS)