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criteria for determining whether a Final Site and Building Plan is_ compliant with the Master _
Development Plan. The Amendment section list similar criteria and empowers staff to
approve minor amendments which are currently approved by Council. Major amendments
would require both Planning Commission and City Council approval.
The City Attorney reviewed this ordinance and suggested several minor changes. The most
notable addresses the criteria used to determine substantial compliance between the Master
Development Plan and the Final Site and Building Plan as well as designation of PUD
amendments as either major or minor. These sections outline similar criteria for staff to base
their determinations regarding substantial compliance and amendment classification. The
City Attorney feels listing specific criteria to determine these items creates the appearance of
an entitlement that any changes that fall within these criteria are acceptable. Mr. LaFevere
notes that depending on the situation, the City Council may not feel that changes which fall
within these criteria are acceptable. Staff recognizes these concerns and has amended
these sections to base the determinations for substantial compliance and amendment
classification on these criteria rather than on strict adherence to these standards. The
Council should look closely at these two sections to ensure you are comfortable with the
stated criteria. During implementation, staff will be using the stated criteria as the basis for
recommending approval and for determining whether a plan modification is a major or minor
amendment.
PLANNING COMMISSION REVIEW
The Planning Commission held a Public Hearing to review this item during their September
28, 2004 meeting. After hearing no public comment the Commissioners had a general
discussion and asked questions to clarify the new review process and standards. After
hearing from staff, the Commission unanimously recommended the Council approve this
item.
CONCLUSION AND RECOMMENATION
There are nuances of the amendment which differentiates it from the current ordinance.
However, for the most part, the process and evaluative criteria are generally consistent with
the current condition. When reviewing the PUD section of the ordinance, staff noted that
some other areas of the current ordinance could be modified. One example is the Building
and Site Plan section of the existing ordinance, which is referenced in the PUD amendment.
Despite some future "house keeping" items, staff finds the proposed text amendment
consistent with the informational and rezoning standards desired by the Council and,
therefore, recommends approval.
2
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING THE
CITY OF ROSEMOUNT ZONING ORDINANCE B
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1 . Ordinance B, adopted September 19, 1989, entitled "City of
Rosemount Zoning Ordinance," is hereby amended.
Section 2 . Rosemount Zoning Ordinance B, Section 12.6 is hereby stricken
and replaced with the following:
12.6 PLANNED UNIT DEVELOPMENT (PUD)
A. Purpose: The purpose of the Planned Unit Development (PUD) District is to
provide a district that will encourage the following:
1. Flexibility in land development and redevelopment in order to utilize new
techniques of building design, construction and land development.
2. Provision of lifecycle housing to all income and age groups.
3. Enerav conservation thro the use of more efficient building designs and
sitings and the clustering of buildings and land uses.
4. Preservation of desirable site characteristics and open space and protection
of sensitive environmental features, including, but not limited to, steep slopes,
trees and poor spoils.
5. More efficient and effective_ use of land, open space and public facilities
through mixing of land uses and assembly and development of land into
larger parcels.
6. High quality of design and design compatible with surrounding land uses,
including both existing and planned.
7. Sensitive development in transitional areas located between different land
uses and along significant transportation or scenic corridors within the City.
8. Development that is consistent with the Comprehensive Plan.
B. Development Standards: Within the PUD District, all development shall be in
compliance with the following:
1. Uses: For a given PUD, all uses shall be consistent with the
Comprehensive Plan and the Master Development Plan as approved.
Ordinance B-
a. The City may permit up to ten percent (10 %) of the gross floor area
of all buildings in a PUD to be used for land uses for which the site
is not designated in the Comprehensive Plan if the City Council
finds that such use is in the best interests of the City and is
consistent with the requirements of this Chapter. If non - designated
uses are to be incorporated into a PUD the City may forward a
copy of the request to the Metropolitan Council for review.
b. 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 proposed land uses.
c. Single Land Use or Housing Type: 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 Ordinance B
the Zoning Ordinance and the Comprehensive Plan
2. Area: Each PUD shall have a minimum area of ten (10) acres excluding_
areas within a designated wetlands, flood plain or shoreland district or riqht of
way, unless the applicant can demonstrate the existence of one of the
following:
a. Unusual physical features of the property itself or of the
surrounding neighborhood such that development as a PUD will
conserve a physical or topographic feature of importance to the
neighborhood or community.
b. The property is directly adiacent to or across the right of way from
Property which has been developed previously as a PUD and will
appear as and will function as an extension of that previously
approved development.
c. The property is located in a transitional area between different land
use categories or on a collector or arterial (minor or principal)
street, as defined in the Comprehensive Plan.
3. Density: Each residential PUD or the residential portion of each mixed use
PUD shall have a density within the range specified in the Comprehensive
Plan for the PUD site. The density of individual buildings or lots within a PUD
may exceed these standards, provided the density for the entire PUD does
not exceed the permitted standards.
If the site is not designated in the Comprehensive Plan for residential use the
appropriate density shall be determined by -the City based upon the City
Council's finding that such density is consistent with the intent of the PUD
and of the Comprehensive Plan.
2
Ordinance B-
4. Streets Utilities Public Facilities and Subdivisions: The City ordinances
governing the specifications and standards for streets, utilities, public facilities
and subdivisions may be modified based upon the unique characteristics of
the PUD The City Council may therefore approve streets, utilities, public
facilities and land subdivisions that are not in compliance with usual
specifications or ordinance requirements if it finds that strict adherence to
such standards or requirements is not required to meet the intent of this
Chapter or to protect the health safety or welfare of the residents of the PUD,
the surrounding area or the City as a whole.
5. Parking: Parking provided for uses within a PUD shall be consistent with the
parking requirements contained in Section 8 Ordinance B, the Zoning
Ordinance unless the developer can demonstrate to the City's satisfaction
that a lesser standard should be permitted on the grounds of complementary
peak parking demands by the uses within the PUD. The City may require
execution of a restrictive covenant limiting future use of the property to those
uses that will continue the complementary peak parking demands or a proof
of parking agreement.
6. Setbacks Buffers and Greenspace: Setback, buffers and greenspace within
a PUD shall be consistent with applicable sections of Ordinance B, the
Zoning Ordinance and the Subdivision Ordinance, unless the developer can
demonstrate to the City's satisfaction that a lesser standard should be
permitted with the addition,of a screening treatment or other mitigative
measures.
7. Covenants: All applicants for a PUD shall establish an association to oversee
the maintenance of commonly held properties and review of architectural
modifications to the approved plans.
8. Architectural and Landscape Design: The applicant shall demonstrate that
the architectural and landscape design proposed for all residential PUD or the
residential portion of a mixed use PUD will provide privacy for both internal
and exterior living areas. This provision shall include, but not be limited to,
landscape and fence screens location of HVAC equipment, and location of
structures relative to adjacent homes. Deviations from approved plans must
be approved by both the City Council and by the established homeowners'
association.
9. Buildings Per Lot: The City may permit more than one building to be placed
on one platted or recorded lot in a PUD.
10. Private Recreational Uses: Each residential PUD comprised of units other
than single- family detached housing or within a mixed use PUD shall provide
an area dedicated for private recreational uses for proiect residents. Such
areas will be for active or passive recreational uses suited for the needs of
the residents of the project, including, but not limited to, swimming pools,
trails nature areas, picnic areas, tot lots and saunas.
3
Ordinance B-
11. Unified Ownership or Control: All property to be included within a PUD shall
be under unified ownership or control or subject to such legal restrictions or
covenants as may be necessary to ensure compliance with the approved
Master Development Plan and Final Site and Building Plan
12. Signs: Signs shall be restricted to those permitted under Section 10 (Signs) of
Ordinance B, the Zoning Ordinance or in a sign plan approved bv the City
regulated by permanent covenants
13. Application of Other Provisions: The requirements contained in Ordinance B
the Zoning Ordinance shall apply to a PUD as deemed appropriate by the
C
C. Application and Review Process All applications for a Planned Unit
Development (PUD) shall include both a Master Development Plan and Final
Site and Building Plan. Prior to submission of these formal applications an
applicant may submit a concept plan for review and comment by the Planning
Commission and City Council
Upon receipt of a complete application for Concept Plan Master Development
Plan, or Final Site and Building Plan the Community Development Department
designee shall set a date for a public hearing as outlined in Section 12.3
(Building Permits) of the Zoning Ordinance for formal review of the PUD
application. The applicant shall make a presentation of the applicable PUD
a -pplication at a public hearing before the Commission The Commission shall
recommend approval revision reapplication or denial of the applicable plan to
the Council.
1. Basis for Action: The Planning Commission and City Council shall base
their recommendations and actions regarding the applicable PUD
application on consideration of the items listed below. The Planning
Commission and City Council may attach such conditions to their actions
as they shall determine necessary or convenient to better accomplish the
purposes of this Chapter.
a. Compatibility of the proposed plan with this Chapter and the goals
and policies of the Comprehensive Plan
b. Effect of the proposed plan on the neighborhood in which it is to be
located.
c. Internal organization and adequacy of various uses or densities
circulation and parking facilities public facilities recreation areas
open spaces, screening and landscaping
d. Consistency with the standards of Section 12.3 of the Zoning
Ordinance pertaining to site and buildinq plan review.
ILI
Ordinance B-
e. Such other factors as the Planning Commission or City Council
deems relevant.
2. Classification of PUD District: All PUD Master Development Plan
applications shall include a proposed rezoning to a specific PUD District.
The district shall be designated by the letters "PUD" followed by the
alphanumeric designation of the underlying zoning district, which may be
either the prior zoning classification or a new classification. For mixed use
PUDs the City Council shall whenever reasonably practical, specify
underlying zoning classifications for the various parts of the PUD. When it
is not reasonably practical to specify the underlying zoning classification,
the City Council may rezone the district, or any part thereof, to "PUD -
MIXED.
No building or other permits shall be issued for any work on property.
included within a proposed or approved PUD nor shall any work occur
unless such work is in compliance with an approved PUD.
Regulations governing uses and structures in the PUD shall be the same
as those governing the underlying zoning district subiect to the following:
a. Regulations may be modified expressly by conditions imposed by
the Council at the time of rezoning to PUD.
b. In the case of districts rezoned to PUD-MIXED, the Council shall
specify regulations applicable to uses and structures in various
parts of the district.
3. PUD Concept Plan: In order to receive guidance in the design of a PUD
prior to submission of a formal application, an applicant may submit a
concept plan for review and comment by the Planning Commission and
City Council The comments of the Planning Commission and City
Council shall address the consistency of the concept plan with this
Chapter. The comments of the Planning Commission and City Council
shall be for guidance only and shall not be considered binding upon the
City regarding approval of the formal PUD application when submitted.
Submission of a concept plan is optional but is highly recommended for
large PUDs In order for the review to be of most help to the applicant,
the concept plan should contain such specific information as is suggested
by the City including but not limited to, the following:
a. Approximate building and road locations.
b. Height bulk and square footage of buildings.
c. Type and square footage of specific land uses.
d. Number of dwelling units.
5
Ordinance B-
e. Generalized grading plan showing method of stormwater
management and areas to be cut filled and preserved
f. Staging and timing of the development
4. PUD Master Development Plan & Rezoning: Approval of a rezoning to
PUD and Master Development Plan shall occur simultaneously and be
subject to the procedures outlined in Sections 12.3 and 12.11
(Amendments) of the Zoning Ordinance After rezoning of the property to
PUD, nothing shall be constructed on the PUD site except in conformance
with the approved plans and this Chapter. The Master Development Plan
shall contain the following:
a. Building location, height bulk and square footage
b. Type and square footage of specific land uses
c. Number of dwelling units.
d. Detailed parkins, street and utility locations and sizes
e. Stormwater management plan and computations including location
and size of pipes and stormwater ponds Specific requirements are
on file with the Engineering Department
f. Grading plan.
g. Generalized landscape plan.
h. Generalized plan for uniform signs and lighting
L Plan for timing and phasing of the development
j. Covenants or other restrictions proposed for the regulation of the
development,
k. Renderings or elevations of the entrance side of buildings to be
constructed in the development.
5. PUD Final Site and Building Plan: Approval of a Final Site and Building
Plan for the entire PUD or for specific parts of the PUD shall be subject to
the procedures outlined in Section 12.3 of the Zoning Ordinance
Applicants may combine the Final Site and - Building Plan review with the
Master Development Plan review by submitting all information required for
both stapes simultaneously. Approval of a Final Site and Building Plan
shall signify approval of all plans necessary prior to application for a
building permit subject to other necessary approvals by the City including
but not limited to, platting. The Final Site and Building Plan shall contain
Z
Ordinance B-
information as required by the Citv, includinq, but n limite to the
following:
a. Detailed parkinq„ utility, street, grading and drainage plans in
accordance with City of Rosemount guidelines on file with the
Engineering Department.
b. Detailed building elevations and floor plans.
c. Detailed landscaping, sign and lighting plans.
6. Substantial Compliance: The Final Site and Building Plan shall be in
substantial compliance with the approved Master Development Plan.
Substantial compliance shall be determined by the Director of Community
Development based on the following standards:
a. Buildings, parking areas and roads are in substantially the same
location as previously approved.
b. The number of residential living units has not increased or
Plan.
c. The floor area of nonresidential uses has not been increased by
more than five percent (5 %) nor has the gross floor area of any
individual building been increased by more than ten percent (10 %)
from that approved in the Master Development Plan.
d. There has been no increase in the number of stories in any
building.
e. Open space has not been decreased or altered to change its
original design or intended use.
f. All special conditions required on the Master Development Plan by
the City have been incorporated into the Final Site and Building
Plan.
7. Conditions of Approval: The City may impose such conditions on
approval of a Master Development Plan and rezoning or PUD Final Site
and Building Plan as the Council deems necessary to assure compliance
with the purposes of the Section, including the requirement that the
developer execute and record such covenants and restrictions on the
PUD property as the City deems necessary to assure that the property is
developed and used in accordance with the approved plans.
D. Term of Approval: If an application has not been made for a Final Site and
Building Plan pursuant to the approved Master Development Plan for all or a part
of the property within a. PUD or construction on the property has not been
Ordinance B-
initiated in conformance with the approved site and building plan within one
calendar year of the date on which the PUD rezoning became effective or if
within that period no extension of time has been granted the City Council may
rezone the property to the zoning classification at the time of the PUD application
or to a zoning classification consistent with the Comprehensive Plan designation
for the property. In the absence of a rezoning, the approved Master
Development Plan and approved site and building plan if applicable shall
remain the legal control governing development of the property included within
the PUD.
E. Amendments: Maior amendments to an approve Development Plan
may be approved by the City Council after review by the Planning Commission
The notification and public hearing procedure for such amendment shall be the
same as for approval of the original PUD. Any other amendment may be made
administratively where the Director of Community Development determines that
review and approval by the Planning Commission and City Council of a detailed
site and building plan is unnecessary to meet the objectives of this Chapter.
1. Amendment Classification: When determining if an amendment is major,
the Director of Community Development shall base their determination on
whether the amendment:
a. Substantially alters the location of buildings, parking areas or
roads.
b. Increases or decreases the number of residential dwelling units by
more than five percent (5 %).
c. Increases the gross floor area of nonresidential buildings by more
than five percent (5 %) or increases the gross floor area of any
individual building by more than ten percent (10 %).
d. Increases the number of stories of any building.
e. Decreases the amount of open space by more than five percent
(5 %) or alters it in such a way as to change its original design or
intended use.
f. Creates noncompliance with any special condition attached to the
approval of the Master Development Plan.
F. Exemptions: This Chapter shall not apply to any PUD that has received final
approval by the City Council prior to the effective date of this ordinance unless
such is requested by the property owner and approved by the City Council
Section 3 . EFFECTIVE DATE This Ordinance shall be in full force and effect
from and after its passage and publication according to law.
8
Ordinance B-
ENACTED AND ORDAINED into an Ordinance this 19th day of October, 2004.
CITY OF ROSEMOUNT
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this day of , 2004.
9
Excerpt from the Regular Planning Commission Meeting of September 28, 2004
Public Hearing:
5G. CASE 04 -65 -TA Planned Unit Development (PUD) Text Amendment.
Assistant Planner Lindahl reviewed the Staff Report for the staff initiated proposed text
amendment relating to the Planned Unit Development standards. Staff has found that the
current process did not provide enough initial information to adequately review proposed
projects. City Council has directed staff to amend the existing PUD process requiring
more information at the beginning of the review process as well as rezoning to a specific
PUD designation. The proposed text amendment would replace the existing PUD
ordinance and meet the standards desired by the Council. Further, it would include more
detailed criteria for reviewing PUD amendments.
Chairperson Messner asked for questions for Mr. Lindahl. Mr. Messner asked if the
general intent is to understand what we are getting when we rezone so there are no
changes mid - stream through the process of the PUD. Mr. Lindahl stated that staff is
looking to make sure they get what was approved for in the project by holding them to
the zoning 'standards and to add specific criteria under the development standards so it
will be clearer.
Chairperson Messner opened the public hearing.
Chairperson asked for public comments. There were no public comments.
MOTION by Powell to close the Public Hearing. Second by Zurn. Ayes:
Schultz, Zurn, Messner and Powell. Nays: None. Motion carried.
Chairperson Messner asked for any follow -up questions. There were no questions.
MOTION by Zurn to recommend that the City Council adopt an ordinance
amending Section 12.6 of the Zoning Ordinance relating to Planned Unit
Development Standards.
Second by Messner. Ayes: Schultz, Zum, Messner and Powell. Nays: None.
Motion carried.
Mr. Lindahl indicated this item is on the agenda for the October 19, 2004 City Council
Meeting.
6. Whenever the operation abuts an "R" District, a transition strip of at least two
hundred (200) feet in width shall be provided between.the fenced area and the "R"
District boundary. Said transition strip shall be landscaped as prescribed in
subsection C5 above.
7. The fenced area shall be set back at least thirty (30) feet from any non - residential
district.
D. Additional Requirements: The City may attach such additional conditions as may be
required to insure compliance with this Ordinance.
12.6: PLANNED UNIT DEVELOPMENTS (PUD):
A. Purpose: The Planned Unit Development (PUD) procedure is applicable to all uses and
districts and is optional except where specifically required by this Ordinance. Its purpose
'is to allow variation from ordinance provisions in order to:
I . Encourage more creative design in the development of land.
2. Promote variety in the physical development pattern of the City.
3. Create larger expanses of usable open space and preserve unique natural features.
4. Preserve and provide a more desirable environment than would be possible under
strict ordinance requirements.
5. Permit variations in traditional lot layouts when high standards of design are
implemented and necessary services can be provided.
6. Establish a confidence between the developer, the City and the residents of
Rosemount that is impossible with traditional zoning procedures.
7. Subdivision procedures required in the Subdivision Ordinance shall be
incorporated with the requirements and review of a PUD. This provision is not
intended as a waiver of information to be submitted; rather, the information
submitted should be in a form satisfactory to meet preliminary and final platting
requirements.
B. Required Conditions: In no case shall a PUD be construed to permit a variation in
sanitary sewer, group usable open space, maximum lot coverage, screening, landscaping,
performance standards or uses otherwise not permitted in a zone.
204
City of Rosemount
C. Procedure:
1. Initial Review: Applicant shall schedule an initial meeting with staff to discuss
the proposed PUD and review PUD requirements.
2. Concept Plan and Supportive Information: The applicant shall submit twenty
(20) copies of the following information:
a. Property description and acreage, identification of owner /developer.
b. Existing conditions, metro relationships, surrounding property ownership,
relationship to Comprehensive Plan, existing land use, transportation,
zoning, utilities, etc.
C. Natural features, water, topography, soils, vegetation, etc. and their
implications, if any, for development.
d. Concept Plan showing land use areas, land use intensities, acreages,
numbers /types /density of units, traffic circulation and parking, open space,
recreation areas, development staging, utility provisions, pedestrian
walkways, and overall design objectives.
e. Written information describing proposed land use and land use objectives,
the type and character of buildings, methods of providing utilities, etc.
3. Concept Review: Upon receipt of a complete application, including supporting
information, the Community Development Department designee shall set a date
for a public hearing for formal review of the PUD. The applicant shall make a
presentation of a proposed PUD at a public hearing before the Commission. The
Commission shall recommend approval, revision, reapplication or denial of the
Concept Plan to the Council.
4. Findings: In approving the Concept Plan, the Commission must find as follows
and forward its findings to the Council.
a. The Plan provides sufficient usable open space and evidences a substantial
preservation of natural features to warrant the granting of variances
through Planned Unit Development.
b. The Plan complies with the intent of the Comprehensive Plan.
205
City of Rosemount
C. The proposed development will not be detrimental to surrounding
properties.
d. The Plan is more creative and will provide a better living, working, or
shopping environment than is possible under strict ordinance
requirements.
5. Development Plan Review: The applicant shall prepare a Development Plan for
the proposed development based upon the approved Concept Plan and shall
prepare graphic and written material as follows (20 copies):
a. Legal descriptions of all parcels to be rezoned.
b. Zoning classifications requested.
C. Detailed site plan showing all dimensions, structures, parking and streets,
utilities, common open spaces and grading.
d. Covenants and restrictions, if any, applying to each tract and to open
spaces and including the responsibility for the maintenance and operation
of common areas and facilities.
e. Density and gross building computations.
f. Preliminary architectural drawings for each different building type, except
single- family dwellings, showing building elevations, schematic floor
plans, unit relationships, activity areas, building materials, etc.
g. Landscape plan and schedule showing types, quantity, sizes and location
of plant materials.
h. Construction- occupancy schedule.
i. A description of the nature and character of nonresidential developments
including a description of waste emissions, activities conducted on the
premises, etc.
j. Preliminary platting requirements if a land subdivision is involved.
6. Formal Application - Rezoning: Applicant shall file a rezoning petition, if
required, pay fees and submit Development Plan graphic information for review
by the staff and Commission.
206
City of Rosemount
7. Review: Commission and staff shall review the Development Plan to determine if
it conforms with the Comprehensive Plan and the approved Concept Plan and
shall recommend approval, revision or reapplication, or denial of the Development
Plan and rezoning.
8. Public Hearing - Development Plan/Rezoning: Applicant shall make a
presentation of the Development Plan/Rezonings at a public hearing conducted by
the Commission. The Council shall consider the recommendation of the
Commission and testimony from the public hearing and either approve or deny the
plan. If the plan is approved, the City and the applicant will enter into a
Development Agreement prepared by the City.
9. Amendments: Requested changes in the Development Plan after approval has
been granted will require submission of an amended plan document, a revised plat
(if applicable), an amended Development Agreement, and a review process
incorporating the public hearing requirements, unless the changes are minor, as
defined below:
a. Change in housing mix less than or equal to two (2) percent of the total
units in the development with no increase in housing density.
b. Change in building locations that do not materially impact the approved
plan or that affect approved setbacks.
C. Change in street or parking configurations in order to address minor
requirements to improve circulation.
d. Other minor modifications as determined by the City.
12.7: CONDITIONAL USE PERMITS (CUP):
A. Purpose: The purpose of conditional use permits is to allow for those uses which are not
generally suitable within the zoning district, but which under some circumstances may be
suitable. The applicant for a CUP shall have the burden of proof that the use is suitable
and that the standards set forth in this subdivision have been met.
B. Application, Public Hearing, Notice and Procedure: The application, public hearing,
notice and procedure requirements for CUPs shall be the same as those for amendments
to the Zoning Ordinance, as identified in Section 16.2 of this Ordinance. CUPs may be
granted only by a 4/5 vote of the entire Council. Specific submissions required to
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City of Rosemount