Memo PUD Ordiance
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C I T Y
o .,
BOP KIN 8
MBM.ORAliDU.M
DATE:
August 1, 1990
TO:
Ci ty Counc,il
FROM:
Nancy Anderson U~
PUD ordinance
SUBJECT:
Attached for your review is the proposed POD ordinance.
Since the first reading there have been some minor changes
involving the formatting of the ordinance, but the content
remains the same.
The Council's action if: to approve Ordinance 90-677 for
second reading and to order it published.
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CI1I'Y OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO: 90-677
ORDINANCE CHANGING THE PUD SECTION
OF THE ZONING ORDINANCE
BE rl' ORDAINED by the city council of the city of
Hopkins as follows:
The Hopkins Zoning Ordinance No. 565 be and the same is
hereby enacted and adopted in place thereof the following:
Qection 565 - zoning: Planned upit Development
565.01.. Planned Ul1;i,t deve~pment (Fun) : purpose.
Subdivision 1. The purpose of this Section is to provide
for the establishment of the Planned unit Development (PUD)
zoning districts at the discretion of the city council, in
areas suitable in location and character for use and
application of the following considerations:
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Subd. 2. V~rj.ety. Inclusion within a comprehensive
site design plan a mixture of land uses 1 types of housinq
and densities.
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Subd. 3. Sensitivity. Through the departure from the
strict application of required setbacks, yard areas, lot
sizes, minimum house sizes, minimum req~irements; and other
performance standards associated with traditional zoning,
planned unit developments can waximize the development
potential of land while rem.aining sensitive to its unique
and valuable natural characteristics.
Subd" 4. E;ff,tciency. Consolidation of areas for
recreation and utility purposes.
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BubeL 5 . ~!1.1ty Trallsf~r. DenSl ty requirements may
be based on a number of units per acre by clustering project
density~
Subd. 6. Oist~ lnt~gra.tj..on. The combination of
uses which are allowed in separate zoning districts such as:
a) mixed residential in density and unit types.
b) integration of compatible mixed land uses.
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565.02. AlIQwed uses. Subdivision 1. Uses within the PUD
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. Specific allowed uses
and performance standards for each PUD shall be delineated
in the rezoning ordinance I the development plan and the
development agreement. The PUD development plan and
agreement shall identify all the proposed land uses and
those uses shall become permitted uses wi.th the acceptance
of the development plan and agreement. Any change in list
of uses presented in the development plan and agreement will
be considered an amendment to the PUD and will follow the
procedures specified in Section 565.05.
565.03. .Required standards. Subdivision 1. The City
shall consider the proposed pun from the point of view of
<*.11 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
woodlands and wetlands, 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 with surrounding uses, 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 I 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
council may find to have a material bearing upon the stated
standards and Objectives of the comprehensive Land Use Plan.
Subd. 2. Public ut~lities. The uniqueness of each
POD requires 'that specifications and standards for streets,
utilities, public facilities and subdivisions may be subject
to modificat,ion from the City Ordinances ordinarily
governing them. The City council may therefore approve
streets, utilities, public facilities and land subdivisions
which are not in compliance with usual specifications of
ordinance requirements if it finds that strict adherence to
such standards or requirements is not required to meet the
intent of this Section t.o protect the health, safety or
welfare of the residents of the PUD, the surrounding area or
the City as a whole.
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565.04. ~aination w~th_ilu}od.iy;L112n JUl!L~F requl,atiolll.
If a subdivision or conditional usa permit is needed, the
review under the these regulations shall be carrie.d out
simul taneously ".;1 th the review of the pun. The plans
required under this Section shall be fiubmitted in a form
which will satisfy the requirements of the sUbdivision
ordinance for the prelimlnary and final plat and the CUP
requirements.
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565.05. ~or ch~nges. Subdivision 1. Minor
changes in the location, placement and height of structures
may be authorized by the Zoning Administrator if required by
engineering or other circumstances not foreseen at the time
the final plan was approved and filed with the zoning
Administrator.
Subd. 2. Major~~. Changes in uses, significant
changes in the location, size, or height of structures, any
rearrangement of lots, blocks and building tracts, changes
~n the provision of common open spaces, and all other
changes to the approved final development plan may be made
only after a public hearing conducted by the Council. Any
changes shall be recorded as amendments to the recorded copy
of the final development a.greement.
Subd. 3. grovisions. All of the provisions of this
section 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.
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Subd. 4. Rqv~e~. If substantial development has not
occurred within the time frame as specified in the
development agreement, the City Council may instruct the
Planning Commission to initiate rezoning to the ori,ginal
zoning district. It shall not be necessary for the City
Council to find that the rezoning was in error.
5iS5.06. 0 subdi.vision
1. The Planning Commission shall compare the actual
development accomplished in the various POD zones with the
approved development schedule.
Subd. 2. Extend time. Upon reco:nunendation
Planning commission, and for good cause shown
property owner, the Council may extend the 1 imi ts
development schedule.
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Subd. J. ~JIilQa~nt_~_~ag~. The construction
and provision of all of the common open space and public and
recreat.ional facilities which are shown on the final
development plan must proceed at the same rata as the
construotion of dwelling units, if any. The zoning
AdDinistrator shall review all of the building p~rmits
issu.ed for the PUD and examine the const.ruction which has
taken place on the site. If the Zoning ~dm!nistrator finds
that the rate of construction of dwelling units is greater
t.han the rate at whj.ch common open spaces and pUblic and
recreation facilities have been constructed, the Zoning
Adminiatrl1tor ahal1 forward this information to the Council
for possible action.
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Subd. 4. E.e:rforrnance bond. A performance bond or
letter of credit shall be required to guarantee performance
by the developer. The amount of this bond or letter of
credit, and the specific elements of the development program
that it is intended to guarantee, will be stipulated in the
development agreement.
565.07. Control of .P-lenned unit development following
completion. Subdivision 1. After the certificate of
occupancy has been issued I the use of the land and the
construction~ modification or alteration of any buildings or
structures wi thin the planned unit development shall be
governed by the final development agreement.
SuDd. 2. ~~ti~icate of, occupancy. After the
certificate of occupancy has been issued, no changes shall
be made in the approved final development agreement except
upon application as provided below:
a) any minor extensioni alteration or
modification of existing buildings or structures may be
authorized by the Zoning Administrator if they are
consistent with the purposes and intent of the final
plan. No change authorized by this section may
increase the floor area of any building or structure by
more than ten percent (10%).
b) any building or structure that is totally or
substantially destroyed may be reconstructed only in
compliance with the final development plan unless an
amendment to the final developrnen't pla,n is approved
under Section 565.05.
c) changes in the use of th2 common open space
may be authorized by an amendment to the final
develop~ent plan under Section 565.05.
d) any other changes in the final development
plan must be authorized by an amendment of the final
development plan under Section 565.05.
565.08 Proceqy;r.@..fQr.__ln~'oce~sin9' a olanned unit development..
Subdivision 1. Upon filing of an application for PUDp the
applicant of the proposed PL~ shall arrange for and attend a
conference with the Planning Department, The primary
purpose of the confererlce shall be to provide the applicant
with an opportunity to qather information and obtain
guidance AIf, to the general suitability of the applicants
proposal for the area for which it is proposed and its
conformity to the provisions of this section before
incurring substantial expense in the preparation of plans,
surveys and other data.
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Subd. 2. General concept pl.an. The general concept
plan provides an opportunity for the applicant to submit a
plan to the cit.y showing his basic intent and the general
nature of the entire development without incurring
substantial cost. The plan shall include the following:
a) overall maximum PUD density range;
b) general location of streets and pedestrian
ways;
c) general location and extent of pUblic and
common open space;
d) general location of residential and
nonresidential land uses with approximate type and
intensities of development;
e) staging and time schedule of developmenti
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f) generalized grading and utility plan;
g) other material requested by the staff;
Subd 3. SchedulR. The following is the schedule for a
concept review of a planned unit development:
a) developer meets with the Planning Department
to discuss the proposed developments;
b) the appli.cant shall file the concept
application, together with all supporting data;
c) after verification by the Zoning Administrator
that the required plan ana supporting data is ade~late,
the zoning Administrator shall put the concept plan on
the agenda of the next meeting;
d} the Planninq Commission ~hall consider the
concept review at the next meeting;
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e) the council will conduct a review of the plan
after the receipt of the report and recommendations
from the Planning Commission.
suW. 4. .f'J,na1-_.L.JAn. Following general concept
approval, it qiveu, the applicant shall make application for
sUbmission of the final plan, CUP and preliminary/final
plat (if needed). The a.pplication shall proceed and be
acted UpOJl in accordance with section 525.09 for zoning
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district changes, section 500 for subdivision regulations
and Section 525.13 for conditiona.l u.se permits (if needed).
If appropriate because of the limited scale of the proposal,
the concept stage and final plan stages may proceed
simultaneous.
Subd. 5. Final Plan submission Requirements. All of
the graphics should be the same scale as the concept plan to
allow easy cross reference. The use of overlays is
recommended for clear reference. Three (3) 2( x 3' copies
and fift""en (15) copies at 8 1/2' x 11' of the following
exhibits, analysis and plans shall be submitted to the City
for the final plan review:
a) the landowner's name and address and his
interest in the subject property;
b) the applicant's name and address if different
from the landowner;
c) the names and addresses of all professional
consultants who have contributed to the development of
the PUD plan being submitted, including attorney, land
planner, engineer and surveyor;
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d) evidence that the applicant has sufficient
control over the subject property to effectuate the
proposed PUO, inclUding a statement of all legal,
beneficial, tenancy and contractual interested held in
or affecting the SUbject property and including an up-
to-date certified abstract of title or registered
property report, and such other evidence as the city
Attorney may require to shew the status of title or
control of the subject prope~ty;
e) the address and legal description of the
property;
f) a written statement generally' descri,bing the
propoeed PUD and the market which it is intended to
serve and its demand showing its relationship to the
City's Comprehensive Plan and how the proposed POD is
to be designed, arranged and operated in order to
permit the development and use of neighboring p:r:'operty
in accordance with the applicable regulations of the
city;
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9) preliminary plat/final plat and information
required by subdivision (if needed);
h) a map depictinq th~ existing development of
the property and all land within three hundred fe~t
(350/) thereof and indication the location of existing
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streets, property lines, easements, water mains and
storm and sanitary sewers; with invert elevation on and
within one hundred feet (100') of the property.
i) a detailed site plan, suitable for recording,
showing the physical layout, design and purpose of all
streets, easements, rights of way, utility lines and
facilities; lots, block, public and cotronon open space,
structure, including mobile homes, and uses;
j) landscaping plan showing location, species and
size of all plant material;
k) plan showing pathway system, width and
mater.ial, screening fences with detail, lighting
system, and recreational features, if any;
1) drainage plan indicating catch basins and I
underground improvements,
m) utility system for sanitary sewer, water, gas,
telephone and electric which shall all be underground
for new construction and a plan for adjustment to
existing rights-of-way, easements, utilities and new
dedication;
n) off-street parking, drives and access plan;
0) off-street loading plan, if any is necessary;
p) trash container and pick-up plan;
q) architectural plans showing elevations,
entrances, heights, floor plans and material to be used
on the exterior;
r) description of the construction al"ld the
materials proposed to be used for building(s)
Istructures(s)i
s) a statement of the total number of dwelling
units proposed for the POD and a tabulation of the
proposGd allocation of land use expressed in acres and
as a percent of the total project area, which shall
include at least the following:
1. area devoted to residential uses.
2. area devoted to residential use by 4
.building type.
3. area devoted to common open spaoe.
4. area devoted to public open space.
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5. area devoted to streets.
6.
street
access.
area
parki.ng
devoted to I and number of r off-
and loading spaces and related
7 . area I and
commercial uses.
floor area,
devoted
8 . area, and f Iocr area,
industrial or office use.
devoted
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t) when the POD is to be constructed in stages
during' a period of time extending beyond a single
construction season, a schedule for the development of
such staqe or units shall be submitted stating the
approximate beginning and completion date for e.ach such
stage or unit and the proportion of the total Pun
public or common open space and dwelling units to be
provided or constructed during each such stage and
overall chronology of development to be followed from
staqe to stage;
u) vhen the proposed POD includes provisions for
pUblic or common open space or service faciliti~s, a
statement describing the provision that is to be made
for the care and maintenance of such open space or
service facilities;
v) any restrictive covenants that are to be
recorded with respect to property included in the
proposed PUD;
w) a soil erosion control plan acceptable to
watershed districts, Department of Natural Resources,
Soil Conservation Service, or any other agency with
review authority clearly illustrating erosion control
measures to be used during construction and as
permanent measures.
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x) the City may aXCUS$ an applicant from
SUbmitting any specific item of infornlation or document
required in this stag-a which it finea to be unnecessary
'to the consideration of the specific proposa,l;
y) the City may require the submiusion of any
additional information or doc1Amentation which it may
find ~eceesary or appropriate to full consideration of
the proposed PUD.
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Subd~ 6. S.ched~~. The following is the schedule for
the final plan of a PUD:
a) the applicant shall file the final application
and fee, together with all supporting data;
b) after verification by the Zoning Administrator
that the required plan and supporting data is adequate,
the Zoning Administrator shall schedule a pubic hearing
for the proposed Plm at the next planning commission
meeting;
c) the Planning Commission shall conduct the
public hearing and consider the PUD review at the next
meeting;
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d) the Council will co~duct a review of the
application after the receipt of the report and
recomm~ndations from the Planning commission. If the
Planning Commission fails to make a report within sixty
(60) days fo11owinq the public hearing and the has been
no delay caused or requested by the applicant, the
application shall be forwarded to the City Council
without comment.
Subd. 7. Additional Inform~tj.QD. The Planning
Commission or city Council may request additional
information from the applicant concerning operational
factors or retain expert testimony at the expens:! of the
app~icant concerning operational factors.
That the presently existing Hopkins Zoning Ordinance 515-570
is hereby amended and changed in accordance with the above
provision.
First Reading:
Second Reading:
Date of Publication:
July
10, 1990
7, 1990
August
August
22, 1990
Date Ordinance Takes Effect: September 11, 1990
Nelson W. Berq, Mayor
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ATTEST t
James A.M GenelIle ,- cIty Clerk
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