CR 90-140 Ordinance Amendment - PUD ,Z,�'� �D~- `�--
^ June 27, 1990 Council Report: 90-140
ORDINANCE AMENDMENT - PUD
Proposed Action.
Staff recommends approval of the following motion: Move to adopt
Resolution 90-49 approving Ordinance 90-677 for first readinq which
replaces the existing PUD ordinance.
Approval of this motion will replace the existing PUD ordinance with a
new PUD ordinance.
Overview.
A planned unit development allows the City greater flexibility
through the departure from the strict application of the zoning
ordinance. There is no one standard PUD ordinance. A PUD in Hopkins
may differ from a PUD in Minnetonka. The proposed PUD ordinance was
taken from the Burnsville ordinance and modified.
The proposed PUD ordinance will allow the rezoning of an area to PUD.
In conjunction with this action, the City executes a development plan
to ensure the project in accordance with the various conditions of
approval.
Staff is recommending approval because the new ordinance will provide
� flexibility into the zoning ordinance for sites that are difficult to
development.
Staff reviewed the changes in the proposed ordinance from the model
that was reviewed last month. The proposed ordinance has a two-step
process to approve a PUD. The two steps are the concept level and the
final approval. This two step process is similar to the existing CUP
process. This is a change from the model ordinance which has a three
step process.
The Commission unanimously approved Resolution No. Z90-8 recommending
approval of Ordinance No: 90-677 .
Primary Issues to Consider.
o What is the approval process?
o What are the major differences in the proposed ordinance and
the existing ordinance?
o Will the City be able to control the development in a PUD?
Supportinq Documents.
o Detailed Background
o Analysis of Issues
o Alternatives
o PUD Agreement
o Ordinance No. 90-677
-� o Resolution No. 90-49
Nancy S. Anderson
Planner
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CR: 90-140
Page 2
Detailed Backqround.
See attached copy of the existing PUD ordinance:
Primary Issues to Consider.
o What will be the approval process?
The approval process will be similar to the CUP approval process. The
applicant will be required to have the Zoning and Planning Commission
review the request with the final approval by the City Council. The
new ordinance also will rezone the property to PUD.
o What are the major differences between the proposed ordinance and
the existing ordinance?
The major differences between the proposed and existing ordinances are
the following:
�
1. The property is rezoned to PUD.
2 . A development agreement is signed.
3 . The underlying zoning is used for a guide
4 . A performance bond is required for certain parts of the
development.
5. More flexibility with uses.
o Will the c�ity be able to control the development of the PUD?
An approval of a PUD unlike a conditional use permit, in many cases is
not automatic. If an applicant meets all the conditions for a
conditional use, the permit is granted. However, in a PUD the
developer is asking the City to consider his site as a PUD. The City
has the discretion not to approve the PUD if the development is not up
to the standards of the City and to set any reasonable conditions that
are felt necessary and appropriate.
Alternatives.
1. Approve the zoning amendment. By approving the PUD ordinance,
the City will be able to have more flexibility to develop
sites that maybe would be difficult to development under the
traditional zoning.
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—� CR: 90-140
Page 3
2 . Deny the zoning amendment. By denying the amendment the
existing PUD ordinance will regulate PUD's.
3 . Continue for further information. If the Commission feels
that further information is needed, the item should be
continued.
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