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HomeMy WebLinkAbout9.b. Zoning Text Amendment Planned Unit Development (PUD), 04-65-TAoilioads slsil uoiloas aoueildwoO leiluelsgnS eql •sivawpuewe Qnd jo uoileOmsselo se Mann se veld 6uipiin8 pue apS Ieuid eql pue ueld luawdolanap aalseW aqj uaannlaq aoueildwoo 6uiulwaalap aol eiaalpo pallelap aaow sepnjoui luewpuawe lxel pasodoad agl 'Alleulj •slueoildde of aouepin6 gbnoaogl aaow pue sisAleue loefoad pelielap aaow apinoid of gels algeue pinoqs sigl `uanl ul - ssaooad nnalAaa agl ui aailaea uoilewaolui palielap aaow aplAOad pinogs pue uolieubisep and foul }sip a o} pauozaa aq Apedoad loafgns agl aainbaa Minn ssaooad siq-L se6uego oiluewas AIaaaua lou aae asaq 1 weld luewdolana(] leuid luaiino agl ajii gonw suoilounj ueld 6uipiin8 pue allS Ieuij aql aligns `ssaooad ueid ldeouoO luaaano eql of Alaeliwis uoijounj piM ueid luewdolanaQ aalseW agl `aoueuipao nnau ayl aapu� weld ideouoO leuoildo ue buinnolle aligns ueid 6uipiin8 pue aliS leUiA a pue ueid juawdolanaa aalseVj e 6uiainbaa aanp000ad nn91AGJ nnau a seuillno li `puooaS -sluawele oilioads £ 6 buiuieluoo uoiloas spaepuels luawdolanad a sppe lr `ismi - seaae aaagl ul aoueuipao and 6ullsixe aql woaj saa}}!p ll 'I!ounoo agl Aq paaisep spaepuels buiuozaa pue leuoilewaoJui aql slaaw pue aoueuipao rind builsixa agl aaeldaa pinonn luawpuawe lxal pasodoid pagoelle eql u0ileubisep and 011ioads a of 6uluozaa a se Mann se ssaooad nnainaa agl10 buiuuibeq ay} le uoilewaojul aaow buiainbaa ssaooad and 6uilsixa ayl puawe olgels paloaaip ipounoo egl'uoissas laonn IiounoO Apo lueow e IV - Alaadoad aql aol 6uiuoz agl se uoijounj pinonn veld panoadde agl aaojaaagl :uolleu6isep afld loulisip a of A:pedoad aql euozaa of luepodwi seen 11 119.1 gels `AlleuoillppV *sloefoad nnalAaa Alelenbape of uollewaojui le1llui gbnoue aplAOad lou pip ssaooad sigl legl punol seq..els `AlJuaoa�l - lenoadde luawdolanap leUij pelielap aaow a glinn Ienoadde ldeouoo leaaua6 a papnioui golgnn ssaooad dais onnl a pannollol seq aanp000ad nn91Aaa (dfld) luewdolanad liun pauueld agl `AIleolaolsiH 'paIeiPI Mels si luauapuauae lxal pasodoad slgl aNnouomovs :NOIlaV •spaepueis (afld) luawdolanaa wn pauueld of bullelaa aoueuipao 6uiuoZ agl jo 9'Z� uolloaS buipuawe aoueuipao ue ldope of uorlow :NOIlaV a3aN3WW033a spaepuelS a(ld ivaw olanao On pauueld — 97 � u01109S :aoueu 6u a3AO21ddV `salnu!W od to - 8Z - 6 l}eaa `aoueuipao }}eaa :S1N3WHOV11V 11 pauueld AID lu elsissV 'O N 'd'O'I'`d `Igepul uosef :AB a3NVd3Nd spaepuels luawdolanaa }iun pauueld :NO1133S VaN39V luewpuewV 1x916uiuoz - V159-vo eseO :W311 VaN39V �OOZ'66 aagoloo :ale(] 6uila9w pounoo Al!o NOIlaV NOA A2iVWWf s 3AIino3X3 1NnomsOb _A0 Alla 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 207 City of Rosemount