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