1990-677
'.
.
,
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO: 90-677
ORDINANCE CHANGING THE PUD SECTION
OF THE ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of
Hopkins as follows:
The the Hopkins Zoning ordinance No. 565 be and the
same is hereby enacted and adopted in place thereof the
following:
section 565 - Zoninq: Planned Unit Development
565.01. Planned unit development (PUD): 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:
Subd. 2. Variety. Inclusion within a comprehensive
site design plan a mixture of land uses, types of housing
and densities.
Subd. 3. Sensitivity. Through the departure from the
strict application of required setbacks, yard areas, lot
sizes, minimum house sizes, minimum requirements, and other
performance standards associated with traditional zoning,
planned unit development can maximize the development
potential of land while remaining sensitive to its unique
and valuable natural characteristics.
Subd. 4. Efficiency. Consolidation of areas for
recreation and utility purposes.
Subd. 5. Density Transfer. Density requirements may
be based on a number of units per acre by clustering project
density.
Subd. 6. District Inteqration. The combination of
uses which are allowed in separate zoning districts such as:
a) mixed residential in density and unit types.
b) mixed residential with increased density.
c) integration of compatible mixed land uses.
.
565.02. Allowed uses. 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 an
ordinance and development plan. The PUD development plan
shall identify all the proposed land uses and those uses
shall become permitted uses with the acceptance of the
development plan. Any change in list of uses presented in
the development plan will be considered an amendment to the
PUD and will follow the procedures specified in Section
565.07.
565.03. Required standards. The City shall consider the
proposed PUD from the point of view of all 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, 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, 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.
565.04. Coordination with subdivision reoulations.
Subdivision review under the subdivision regulations shall
be carried out simultaneously with the review of the PUD.
The plans required under this Chapter shall be submitted in
a form which will satisfy the requirements of the
subdivision ordinance for the preliminary and final plat.
565.05. Revisions and/or chanqes. Subdivision 1. Minor
changes in the location, placement and height of structures
may be authorized by the Zoning and Planning commission 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. Maior chanqes. Changes is uses, significant
changes in the location, size, or height of structures, any
rearrangement of lots, blocks and building tracts, changes
in 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 plan.
.
Subd. 3. Provisions. 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.
Subd. 4. Review. If substantial development has not
occurred within a reasonable time 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 was in error.
565.06. Phasinq and quarantee of performance. Subdivision
1. The Planning Commission shall compare the actual
development accomplished in the various PUD zones with the
approved development schedule.
Subd. 2. Extend time. Upon recommendation of the
Planning Commission and for good cause shown by the property
owner, the Council may extend the limits of the development
schedule.
Subd. 3. Development of open space. The construction
and provision of all of the common open space and public and
recreational facilities which are shown on the final
development plan must proceed at the same rate as the
construction of dwelling units if any. The Zoning
Administrator shall review all of the building permits
issued for the PUD and examine the construction which has
taken place on the site. If they find that the rate of
construction of dwelling units is greater than the rate at
which common open spaces and public and recreation
facili ties have been constructed and provided they shall
forward this information to the Council for action.
Subd. 4. Performance 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 planned unit development following
completion. Subdivision 1. After the certificate of
occupancy has been issued, the use of the land and the
construction, modification or alteration of any buildings or
structures within the planned development shall be governed
by the final development plan.
Subd. 2. Certificate of occupancy. After the
certificate of occupancy has been issued, no changes shall
be made in the approved final development plan except upon
application as provided below:
..
.
a) any minor extension, 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 cube 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 and
amendment to the final development plan is approved
under Section 565.05.
c) changes in the use of the common open space
may be authorized by an amendment to the final
development 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 Procedure for processinq a planned unit development.
Subdivision 1. Upon filing of an application for PUD, the
applicant of the proposed PUD shall arrange for and attend a
conference with the Planning Department. 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 his 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.
Subd. 2. General concept plan. The general concept
plan provides an opportunity for the applicant to submit a
plan to the City 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.
b) general
pedestrian ways.
location
of
major
streets
and
c) general location and extent of public and
common open space.
d) general location
nonresidential land uses with
intensities of development.
of residential
approximate type
and
and
e) staging and time schedule of development.
.
f) other special criteria for development.
Subd 3. Schedule. The following is the schedule for a
planned unit development:
a) developer meets with the Planning Department
to discuss the proposed developments.
b) the applicant shall
application and preliminary plat,
supporting data.
file the concept
together with all
c) after verification by the Zoning Administrator
that the required plan and supporting data is adequate,
the Zoning Administrator shall put the concept plan on
the agenda of the next meeting.
d) the Planning Commission shall consider the
concept review at the next meeting.
e) the Planning Commission may request additional
information from the applicant concerning operational
factors or retain expert testimony at the expense of
the applicant concerning operational factors.
f) the Council will conduct a review of the plan
after the receipt of the report and recommendations
from the Planning Commission. The Council may approve
the concept plan and attach such conditions as it deems
reasonable.
Subd. 4. Final Plan. Following general concept
approval, if given, the applicant shall submit the final
plan and final plat. The application shall proceed and the
acted upon in accordance with Section 525.09 for zoning
district changes. If appropriate because of the limited
scale of the proposal, the concept stage and final plan
stages may proceed simultaneous.
Subd. 5. Public Hearing. At least ten (10) days
before the date of the Public Hearing a notice of said
hearing shall be mailed to the owners of all property within
three hundred fifty (350) feet of the subject property. The
records of the City Assessor shall be deemed sufficient for
determining the location and ownership of all such
properties. The Planning Commission shall hold the Public
Hearing on an application at its first regular meeting
following appropriate legal notice. The applicant and/or
his representative shall appear before the Planning
Commission at this hearing to answer questions regarding the
request.
.
Subd. 6. Additional Information. The Planning
Commission may request additional information from the
applicant concerning operational factors or retain expert
testimony at the expense of the applicant concerning
operational factors.
Subd. 7. Commission Recommendation. The Council will
conduct a review of the application after the receipt of the
report and recommendations from the Planning Commission. If
the Planning Commission fails to make a report within sixty
(60) days following 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. 8. Application. Ten (10) copies of the
following exhibits, analysis and plans shall be submitted to
the City:
a) preliminary plat and information required by
subdivision.
b) the landowner's name and address and his
interest in the subject property.
c) the applicant's name and address if different
from the landowner.
d) 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.
e) evidence that the applicant has sufficient
control over the subject property to effectuate the
proposed PUD, 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 show the status of title or
control of the subject property.
f) the address and legal description of the
property.
g) a written statement generally describing the
proposed 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 PUD is
to be designed, arranged and operated in order to
permit the development and use of neighboring property
in accordance with the applicable regulations of the
city.
.
All of the graphics should be the same scale as the final
plan to allow easy cross reference. The use of overlays is
recommended for clear reference.
h) site plan showing location of all buildings
and structure with dimension:
i) planting plan showing location, species and
size of all plant material;
j) landscaped plan showing pathway system, width
and material, screening fences with detail, lighting
system, and recreational features, if any;
k) drainage plan indicating catch basins and
underground improvement;
I) utility system for sanitary sewer, water, gas,
telephone and electric which shall all be underground
for new construction;
m) off-street parking, drives and access plan;
n) off-street loading plan, if any is necessary;
0) trash container and pick-up plan;
p) plan for adjustment to existing rights-of-way,
easements, utilities and new dedication;
q) architectural plans showing elevations,
entrances, heights, floor plans and material to be use
don the exterior;
r) description of the construction and the
materials proposed to be used.
s) schematic drawing of the proposed development
concept including but not limited to the general
location of major circulation elements, public and
common open space, residential and other land uses.
t) a statement of the estimated total number of
dwelling units proposed for the PUD and a tabulation of
the proposed approximate 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 a
building type.
.
3. area devoted to common open space.
4. area devoted to public open space.
5. approximate area devoted to streets.
6. approximate area devoted to,
of, off-street parking and loading
related access.
and number
spaces and
7. approximate area, and floor area, devoted
to commercial uses.
8. approximate area, and floor area, devoted
to industrial or office use.
m) when the PUD is to be constructed in stage
during a period of time extending beyond a single
construction season, a schedule for the development of
such stage or units shall be submitted stating the
approximate beginning and completion date for each such
stage or unit and the proportion of the total PUD
public or common open space and dwelling units to be
provided or constructed during each such state and
overall chronology of development to be followed from
stage to stage.
n) when the proposed PUD includes provisions for
public or common open space or service facilities, a
statement describing the provision that is to be made
for the care and maintenance of such open space or
service facilities.
0) any
recorded with
proposed PUD.
restrictive
respect to
covenants
property
that are to
included in
be
the
q) the City may excuse an applicant from
submitting any specific item of information or document
required in this stage which it finds to be unnecessary
to the consideration of the specific proposal.
r) the City may require the submission of any
addi tional information or documentation which it may
find necessary or appropriate to full consideration of
the proposed PUD.
,
That the presently existing Hopkins Zoning Ordinance 515-570 is
hereby amended and changed in accordance with the above
provision.
First Reading: July 10, 1990
Second Reading: August 7, 1990
Date of Publication: August 22, 1990
Date Ordinance Takes Effect: September 12, 1990