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HomeMy WebLinkAboutNo 1014 Revising Procedures for Planned Unit DevelopmentsORDINANCE NO. 1014 An Ordinance Revising Procedures for Planned Unit Developments The City Council of Maplewood ordains as follows: Section I. Chapter 44, Secs. 44-6, 44-9, and 44-390 are hereby amended as follows. Sec. 44-6. - Definitions. Planned unit developments (PUD) means a type of development characterized by a unified site design, with often two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites and may include single-dwelling homes. The PUD application, timing and recording process is described under Article VII, Rezoning to a Planned Unit Development. Shoreland planned unit development means a planned unit development (PUD) located within the shoreland overlay district. The shoreland PUD is processed as a conditional use permit, as described under Article IX, Shoreland Overlay District, and in compliance with Minnesota Rules section 6120.3800 as may be amended. Sec. 44-9. – Zoning Districts. (a) The city is hereby ***. (b) In addition to the above, the city is divided into the following planned unit development (PUD) districts: PUD-F Planned unit development – fixed district PUD-1 Reserved for future PUD district Sec. 44-390. – Part of planned unit development. Townhouses, together with other types of multiple-dwelling structures, or any combination of different types of dwelling structures, defined and classified under this division, shall be eligible to be considered and treated as a planned unit development pursuant to Article II, Division 15 and Article VII, Division 2 of this chapter. Section II. Article II. – DISTRICT REGULATIONS is hereby amended to add a new Division 15. – PLANNED UNIT DEVELOPMENTS, Secs. 44-687 through 44-730. DIVISION 15. – PLANNED UNIT DEVELOPMENTS Sec. 44-687. – Planned unit development - fixed district (a) The purpose of the planned unit development - fixed district is to allow for the continuance of planned unit developments approved through conditional use permits prior to September 1, 2020. (b) There shall be no new parcels zoned to the planned unit development - fixed district after September 1, 2020. (c) All preliminary and final development plans approved as part of a conditional use permit for a planned unit development prior to September 1, 2020 shall remain in full force and effect as part of this overlay district. Provided new development in the planned unit development - fixed district is in compliance with the approved plans, the development shall be considered in conformance. (d) Amendments to development plans for property in the planned unit development - fixed district shall be processed according to the provisions in Article VII, Division 2. Minor amendments will be considered while major amendments shall require the establishment of a new planned unit development district. Sec. 44-688. - Planned unit development (PUD) (a) The planned unit development (PUD) provisions are intended to encourage more efficient use of land, public services and greater amenity by allowing, under certain circumstances, a more flexible means of land development or redevelopment than is otherwise afforded through the strict enforcement of the zoning requirements of certain districts through lot-by-lot development. Although planned unit developments may appear to deviate in certain aspects from a literal interpretation of the zoning and subdivision ordinances, the PUD is intended to allow flexibility in design in order to promote developments which will be an asset to the city by equaling or surpassing the quality of developments resulting from the application of more conventional zoning regulations. A PUD may be used as a special district adapting any base zoning district or combination of zoning districts. (b) A planned unit development shall be established by rezoning to a newly created, numbered planned unit development district that outlines the uses, dimensions, and design standards of the new PUD zoning district following the procedures set forth in Article VII, Division 2. (c) Planned unit developments shall be on a tract of land more than one (1) acre. (d) Permitted uses shall generally be consistent with the permitted or conditional uses of the underlying base district. However, a PUD district can request alternative uses to the permitted uses of the underlying base district, subject to the approval by the city council as part of the establishment of the PUD. (e) Density of development must meet the guidance set by the comprehensive plan’s future land use designation and map. (f) The following provisions shall be addressed as part of the PUD. When it is intended that regulations vary from the underlying district, the applicant shall propose them as part of the PUD application process: (1) A PUD shall be designed to complement existing and planned future land uses of adjacent uses and infrastructure. (2) Lot area may vary from the underlying base district standard in a PUD provided the developer has demonstrated that the proposed design and layout meets the provisions of this chapter. (3) Setbacks may vary from underlying base district standards in a PUD provided the developer has demonstrated that the proposed design and layout meets the provisions of this chapter. Perimeter setbacks shall be consistent with the setbacks of the underlying base zoning district. (4) Building height may vary from the underlying base district standard. The city may request cross sections, elevations and other information from the developer in order to determine if the structure height meets the provisions of this chapter. (5) A PUD shall be designed to preserve existing vegetation and topography where practical and shall be consistent with the goals and objectives of the comprehensive plan. (6) Overall architectural design shall be generally compatible with the characteristics of the surrounding developments. (7) Parking ratios may deviate from the off-street parking space standards. Where alternative parking ratios are not stated in the PUD application, they shall conform to section 44-17 off-street parking. (8) All publicly dedicated streets, utilities and storm-water facilities shall be designed in accordance with the city code, policies, and design standards. The city may consider flexible standards for streets if the developer has demonstrated that the proposed design and layout warrants varying standards and the design meets the provisions of this chapter. (9) Circulation/access. a. Vehicular access to lots adjoining an arterial street as defined by the functional classification system shall be designed by way of a frontage road, service road or local street. b. Streets in a PUD shall be designed to promote a grid network of streets, minimizing dead ends and cul-de-sacs and connecting to adjoining developments where streets have been ‘stubbed in’ for the purpose of continuation. c. A PUD shall include provisions for pedestrians, bicycles and transit. (10) A landscape and screening plan shall be included in the PUD submittal. The plan should include street tree provisions, screening, parking lot landscaping where applicable and the preservation of mature, healthy hardwood trees where applicable. (11) A comprehensive sign plan shall be adopted following the requirements of Chapter 44 – Zoning, Article III. – Sign Regulations. Preliminary plans related to signage shall be submitted as part of the PUD application. While the comprehensive sign plan will be adopted subsequently to the PUD, if an exception to the City’s signage regulations are needed they shall be evaluated and adopted as part of the PUD process. Freestanding pylon type signs shall consolidate tenants or uses in predetermined locations, minimizing the number of freestanding signs where possible. Sec. 44-689 – 44-730. – Reserved Section III. Article V. – CONDITIONAL USE PERMITS, Secs. 44-1092, 44-1095 (a) and 44-1099 are hereby amended as follows and Sec. 44-1093. – Planned Unit Developments is deleted and the section number reserved (additions are underlined and deletions are stricken): Sec. 44-1092. - Conditional uses. (6) Shoreland planned unit developments (PUD). Sec. 44-1093. – Reserved Sec. 44-1095. - Application. (a) An application for a conditional use permit may be made by any person having a legal interest in the property described in the application. All applications shall be submitted to the director of community development upon the form supplied by the city. The director shall not accept an application that is not complete. Specific requirements shall be as stated on this form, but shall include at least the following information, if applicable: (1) All information required on the community design review board application. (2) An abstractor's certificate showing property owners' names and addresses within 500 feet of the boundaries of the property for which the permit is requested. (3) Any other information required by the director of community development, the city council or the council's advisory bodies. Sec. 44-1099. - Start of construction or use. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the conditional use permit shall become null and void. The council may grant up to one one-year extension of the permit if just cause is shown. This requirement shall not apply to shoreland PUDs with an approved phasing plan. Such extension shall be requested in writing and filed with the director of community development at least 30 days before the expiration of the original conditional use permit. There shall be no charge for filing such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. Section IV. Article VII. – AMENDMENTS AND CHANGES is hereby amended by adding Division 1. - Rezoning and Amendments and Division 2. – Rezoning to a Planned Unit Development (PUD) District: ARTICLE VII. - AMENDMENTS AND CHANGES DIVISION 1. - REZONING AND AMENDMENT Sec. 44-1161. - Initiation generally. *** DIVISION 2. - REZONING TO A PLANNED UNIT DEVELOPMENT (PUD) DISTRICT Sec. 44-1166. - Purpose and intent. The purpose of the planned unit development (PUD) district is to provide comprehensive procedures and standards intended to allow more creativity and flexibility in site plan design than would be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the city council to make in its legislative capacity. The purpose and intent of a PUD is to include most or all of the following: (a) Provide for the establishment of planned unit development (PUD) zoning districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the city's comprehensive plan; (b) Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability and general welfare of the city; (c) Provide for variations to the strict application of the land use regulations in order to improve site design and operation, while at the same time incorporate design elements that exceed the city's standards to offset the effect of any variations. Desired design elements may include: sustainable design, greater utilization of new technologies in building design, special construction materials, landscaping, lighting, stormwater management, pedestrian-oriented design; (d) Ensure high quality of design and design compatible with surrounding land uses, including both existing and planned; (e) Maintain or improve the efficiency of public streets and utilities; (f) Preserve and enhance site characteristics, including natural features, wetland protection, trees, open space, scenic views and screening; (g) Allow for mixing of land uses within a development; (h) Encourage a variety of housing types, including affordable housing; and (i) Ensure the establishment of appropriate transitions between differing land uses. Sec. 44-1167. - Procedure. (a) Prior to filing of an application for a PUD, the applicant must arrange for and attend a conference with city staff. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this chapter before incurring substantial expense in the preparation of plans, surveys and other data. Information and advice from city staff shall not be construed to predict future city approvals. (b) If city council and planning commission input is desired by the applicant before formal submittal of a PUD, a sketch plan can be submitted to the city for review. (1) The sketch plan submittal should include a statement describing how the PUD requested meets the intent of a PUD identified in section 44-1166 above and shall be accompanied by a graphic sketch illustrating the proposed project and how it relates to surrounding properties. (2) The planner shall refer the sketch plan to the planning commission and city council for discussion, review and informal comment. (3) Any opinions or comments provided in response to the sketch plan by the planning commission or city council shall be considered advisory only and shall not constitute a binding decision on the request. (c) Planned unit developments (PUD) are processed using a preliminary development plan and final development plan process. When a preliminary plat and final plat are also required for the project, the director of community development shall have the discretion to allow the preliminary development plan and final development plan process to occur simultaneously when the complexity of the project will allow. (d) The preliminary development plan submissions shall include, but not be limited to, the submission requirements stipulated in Chapter 34 for preliminary plats. The preliminary development plan and rezoning process shall follow the procedures stipulated in Article VII, Division 1, including a public hearing. The submittal shall include a preliminary development plan which includes the following: (1) Shows proposed location, use, setbacks, and size of areas for the various uses on the site, including public and private areas and open spaces with the suggested ownership and maintenance provisions of such areas. (2) Shows the general layout of the proposed external and internal circulation systems, indicating the proposed vehicular right-of-way of all proposed public streets, access drive locations, traffic control requirements, parking, and proposed vehicular, bicycle, and pedestrian circulation. (3) Includes conceptual landscape plan showing all natural areas to be altered or impacted by the development and areas where new landscaping will be installed, as well as other natural features to be conserved and any required buffer areas. (4) Includes a summary table showing total acres of the proposed development, the number of acres devoted to each type of use including streets, common areas, and open spaces, the number of dwelling units by type and density for each residential use area and the building height(s), and square footage as proposed for retail, office, industrial and institutional uses, by use area, and the number of parking spaces provided for each use area (e) After approval of the preliminary development plan, the applicant may apply for a final development plan approval for all or a portion of the PUD. (1) The final development plan submissions shall include, but not be limited to, the submission requirements stipulated in Chapter 34 for final plats. The submittal shall include a final development plan that includes the following: i. Shows all lot lines and easements with dimensions. Delineates and identifies areas to be dedicated or reserved for public use and any areas to be reserved by deed covenant for the common use of all property owners, listing who will maintain such areas. ii. Shows dimensions and locations of proposed structures, buildings, streets, parking areas, bicycle and pedestrian circulation, common areas, open spaces, and other public or private facilities. iii. Shows locations of existing and proposed structures including fences, walls, signs, refuse containers, and lighting. iv. Includes a summary table showing total acres of development, the number of acres to be devoted to each type of use, the number of proposed dwelling units (if applicable), building square footage, number of parking spaces, impervious surface area and acreage devoted to open space and other public facilities. (2) The final development plan shall be heard before the city council. (3) The final development plan is reviewed to ensure that the proposed final development plan is consistent with the preliminary development plan and to address any new or outstanding concerns from preliminary approval. (4) Should the final development plan be revised by the applicant beyond the allowed plan modifications outlined in section 44-1169, a new preliminary development plan shall be reviewed and approved simultaneously following the process outlined for a preliminary development plan process, including a public hearing and consideration by the planning commission and city council. (f) While the rezoning is approved during the preliminary development plan stage, the final rezoning to the planned unit development (PUD) district becomes official upon adoption of the final development plan. The rezoning shall create a new planned unit development (PUD district) within Article II, Division 15. (g) The development of the property in a planned unit development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require an amendment to the planned unit development as described in section 44-1169. Sec. 44-1168. – Standards. (a) Eligibility standards. To be eligible for a PUD district, all development should be in compliance with the following: (1) Where the site of a proposed PUD is designated for more than one land use in the comprehensive plan, the city may require that the PUD include all the land uses so designated or such combination of the designated uses as the city council shall deem appropriate to achieve the purposes of this chapter and the comprehensive plan; (2) Any PUD which involves a single land use type or housing type may be permitted, provided that it is otherwise consistent with the objectives of this chapter and the comprehensive plan; (3) Permitted densities may be specifically stated in the appropriate planned development designation and shall be in general conformance with the comprehensive plan; and (4) The setback regulation, building coverage and floor area ratio of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in Section 44-1166. (b) Common open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protections: (1) Except for routine maintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water. (2) The exterior storage of vehicles or other materials shall be prohibited. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construction project. (3) If on a public water, uncontrolled beaching of watercraft shall be prohibited. (c) Owners' association. All planned unit developments with common open space must have an owners' association with the following features: (1) Each lot owner must be a member. (2) Each member must pay a pro rata share of the association's expenses, and unpaid association assessments can become liens on units or sites. (3) Association assessments must be adjustable to adapt to changing conditions. (4) The association must be responsible for insurance, taxes and maintenance of all commonly owned property and facilities. (d) The city shall designate PUDs on the official city zoning map. Sec. 44-1169. - Amendments to a PUD. (a) A request for an amendment shall be sought when there is a change to the approved planned unit development (PUD) district, including an approved preliminary development plan. (b) Classification of the amendment (1) An amendment shall be classified as a minor amendment if no substantive changes are proposed. Substantive change shall be determined by the director of community development based on all of the following factors: a. The uses proposed are pre-existing uses, allowed in the original approval, or permitted in the underlying zoning district. b. The amendment does not result in a significant increase in density. c. The amendment does not reduce setbacks or applicable performance standards. (2) An amendment shall be classified as a major amendment if the director of community development determines it does not meet the classification of a minor amendment as described in subsection (a) above. (c) Process (1) A pre-application meeting pursuant to Sec. 44-1167 (a) is required prior to submitting an amendment to a PUD. (2) The director of community development shall determine whether the amendment proposed is a minor or major amendment. (3) Review process. a. The director of community development shall review the application and refer it to applicable city staff for review. b. The appropriateness of a minor amendment shall be considered by the director of community development using the same criteria as used in establishing a PUD district. The director of community development shall determine whether the application will be granted, denied or if consideration by the planning commission and city council is needed. c. An application deemed to be a major amendment shall follow the same procedures set forth in Sec. 44-1167 for a new PUD District, including consideration by the planning commission and city council. Sec. 44-1170 – 44-1190. - Reserved Section V. Article IX. – SHORELAND OVERLAY DISTRICT, Secs. 44-1242 and 44- 1250 are hereby amended as follows. Sec. 44-1242. – Development standards. (a) Lot and building standards. The following lot and building standards shall apply to commercial developments and residential developments with four or fewer dwelling units per building. The city may only approve developments with more than four units per building within the shoreland district as shoreland planned unit developments: *** (c) Placement, design and height of structures. Placement, design and height of structures shall be in accordance with the following: (3) Height of structures. Unless approved as a shoreland planned unit development, the maximum height of all structures in residential districts, except churches and nonresidential agricultural structures, shall be 25 feet. Sec. 44-1250. – Shoreland planned unit developments. (a) Suitable area evaluation. The city shall determine the suitable area for calculating the density of a residential shoreland planned unit development (PUD) as follows: *** (b) Residential shoreland PUD density evaluation. The procedures for determining the base density of a shoreland PUD and density increase multipliers are as follows. The city or the developer may transfer allowable densities from any tier to any other tier further from the waterbody. The developer or owner may not transfer allowable densities to a tier closer to a waterbody: (1)To determine the residential shoreland PUD base density, divide the suitable area within each tier by the minimum lot size for lakes or the minimum lot width times the tier depth for creeks. (2)Density increase multipliers: c.Allowable density increases for residential shoreland planned unit developments shall be as follows: *** (c)Open space requirements. Shoreland planned unit developments must contain open space meeting all of the following criteria: (4)For residential shoreland PUDs, at least 50 percent of the shore impact zone of existing developments or at least 70 percent of the shore impact zone of new developments must be preserved in its natural state. (d)Stormwater management. Each shoreland PUD must have a stormwater management plan consistent with the city's drainage plan and erosion control ordinance. (e)Centralization and design of structures and impervious surfaces. The following standards shall apply to shoreland PUDs: *** Section VI. This ordinance shall be effective following its adoption and publication. Approved by the City Council of the City of Maplewood on September 14, 2020. ____________________________ Marylee Abrams Mayor Attest: ____________________________ Andrea Sindt City Clerk