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HomeMy WebLinkAbout118-12 PUD Ordinance Amend 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 118-12 AN ORDINANCE AMENDING SECTION 1106 (PLANNED UNIT DEVELOPMENTS) OF THE PRIOR LAKE CITY CODE RELATED TO PUBLIC HEARINGS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA, ORDAINS: 1. City Code Subsection 1106.709 through 1106.713 is hereby deleted in its entirety and replaced with the following: 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 6 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 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 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 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 for its consideration. (4) The City Council shall render a decision regarding the Final PUD Plan application 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 Agreement which shall incorporate the resolution approving the Final PUD Plan and all conditions set forth in the resolution. The Development 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 Agreement Page 2 of 4 and be in an amount sufficient to insure the provision or development of improvements called for by the Development Agreement. (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, 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 Agreement. 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: Page 3 of 4 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. 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 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 Agreement. 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 May 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 ordinance shall become effective from and after its passage and publication. Page 4 of 4 Passed by the City Council of the City of Prior Lake this 6th day of August 2018. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor A summary of this ordinance was published in the Prior Lake American on the 11th day of August 2018. 2 Exhibit A CITY OF PRIOR LAKE ORDINANCE NO. 118-12 AN ORDINANCE AMENDING SECTION 1106 (PLANNED UNIT DEVELOPMENTS) OF THE PRIOR LAKE CITY CODE RELATED TO PUBLIC HEARINGS The following is only a summary of Ordinance No. 118-12. The full text will be available for public inspection after August 11, 2018 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Section 1106 (Planned Unit Developments) of the Prior Lake City Code to remove the requirement of a public hearing during the review of a Final Planned Unit Development application. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 6th day of August 2018. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 11th day of August 2018. CITY OF PRIOR LANE ORDINANCE NO, 118-12 AN ORDINANCE AMENDING SECTION 1106 (PLANNED UNIT DEVELOPMENTS) OF THE PRIOR LAKE CITY CODE RELATED TO PUBLIC HEARINGS The following is only a summary of Ordinance No. 118- 12. The full text will be available for public inspection after August Affidavit of Publication 11 , 2018 by any person during regular office hours at City Hall. Southwest Newspapers or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Section 1106 (Planned State of Minnesota Unit Developments) of the Prior Lake City Code to remove the ) SS . requirement of a public hearing during the review of a Final County of Scott Planned Unit Development application. This ordinance shall become effective from and after its passage and publication. Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent Passed by the City Council of of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior the City of Prior Lake this 6"' day Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: of August 2018. ATTEST: (A) These newspapers have complied with the requirements constituting qualification as a legal Frank Boyles newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as City Manager amended. Kirt Briggs Mayor (B) The printed public notice that is attached to this Affidavit and identified as No. (Published in the Prior Lake was published on the date or dates and in the newspaper stated in the attached Notice and said American . 7 Saturday, August Notice is hereby incorporated as art of this Affidavit. Said notice was cut from the columns of 11. 2018: No. 7263) Y � rP P the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuvwxyz Laurie A. Hartmann Subscribed and sworn before me on this Bday of �LCG 2018 JYMME JEANNETTE BARK NOTARY PUBLIC • MINNESOTA N ublic (4us) MY COMMISSION EXPIRES 01/31/23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space. .. . $31 .20 per column inch Maximum rate allowed by law for the abovematter. . . . .. . . . ... .. . . .. . . .. . . ..... . . . . $31 .20 per column inch Rate actually charged for the abovematter. .. . . .. . ... . . ..... ... .. . . . . . .. . . . . .. .. . . . . . . . . $ 12. 97 per column inch I I