HomeMy WebLinkAboutOrdinance - 3-2000 - Amending City Code Section 11.40 and 11.70 Regarding Planned Unit Development Size - 12/07/1999 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 3-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA, AMENDING
CITY CODE CHAPTER 11, SECTION 11.40 ENTITLED "PLANNED UNIT
DEVELOPMENT (PUD) CONCEPT" AND SECTION 11.70 ENTITLED "SIGN
PERMITS" AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,,NIINNESOTA, ORDAINS:
Section 1. City Code Chapter 11, Sec. 11.40 and Section 11.70 Shall be and hereby is
amended to read as follows:
SECTION 11.40. PLANNED UNIT DEVELOPMENT (PUD) CONCEPT.
Subd. 1. PUD Concept Review. Any person or persons who may apply for a PUD may request
a concept review ("PUD Concept Review")with respect to land which may be subject to a PUD.
The purpose of a PUD Concept Review is to afford such persons an opportunity, without
incurring substantial expense, to have the general feasibility of a PUD proposal considered.
PUD Concept Review shall consist generally of an informal consideration by the Planning
Commission and the Council of such person's PUD proposal. PUD Concept Review may be
held with a public hearing. An application of PUD Concept Review may provide such
information with respect to the request as the applicant shall deem appropriate in consultation
with the City Planner. An applicant for PUD Concept Review shall pay all fees and costs
provided for in this Chapter. Upon conclusion of a PUD Concept Review the Planning
Commission and Council may make such recommendations and comments and take such action
with respect to the proposal as they deem appropriate,provided,however,no approval under this
Section shall constitute, or in the future require, approval or formal establishment or designation
of a PUD, zoning or subdivision by the Council of the land which is the subject of the PUD
Concept Review.
Subd. 2. Definition. As used in this Section, the term "original district" means a zoning district
described in this Chapter.
Subd. 3. Zoning District Supplement. Planned Unit Development District ("PUD") is
supplementary to a zoning district within or encompassing all or a portion or portions of one or
more original districts in accordance with the provisions of this Chapter.
Subd. 4. Purpose. The purpose of this Section is to: (1) Encourage a more creative and
efficient approach to the use of land in the City; (2) Allow variety in the types of environment
available to the people of the City; (3) Encourage more efficient allocation and maintenance of
privately controlled common open space through the distribution of overall density of population
and intensity of land use where such arrangement is desirable and feasible; and, (4) Provide the
means for greater creativity and flexibility in environmental design than is provided under the
strict application of the provisions of this Chapter and Chapter 12 (relating to subdivisions) of
this Code while at the same time preserving the health, safety, order, convenience, prosperity,
and general welfare of the City and its inhabitants.
Subd. 5. Designation. All PUD's shall be designated in the legal description of the original
district being supplemented.
Source: City Code
Effective Date: 9-17-82
Subd. 6. Permitted Uses. The permitted uses set forth in this Chapter pertaining to the original
district or districts within a PUD shall apply to and be permitted uses in that part of a PUD in
which such a district is encompassed, except as such use or uses may be limited by a
development plan, an agreement or imposed by the City as a condition to approval of the PUD.
Subd. 7. Zoning and Subdivision Standards and Requirements. All standards and provisions
relating to an original district as set forth in this Chapter and to the subdivision of land as set
forth in Chapter 12 (if land which is the subject of a PUD is or will be subdivided in connection
with a PUD) shall apply to an original district situated within a PUD and to such land subdivided
or to be subdivided unless.any such standards or requirement has been modified or waived as
provided in Subparagraph A and B hereof.
A. Any standard or provision, except permitted uses, set forth in this Chapter relating to an
original district may be waived or modified by the City provided the ordinance relating to
such PUD sets forth specifically or by reference to a development plan or an agreement
such modification or waiver.
B. Any standard or provision set forth in Chapter 12 relating to the subdivision of land
which is the subject of a PUD and is being or will be subdivided in connection with a
PUD may be waived or modified as provided in Chapter 12.
Subd. 8. Application. An applicant for a PUD shall submit in the application all of the material
required by this Chapter for rezoning and if land encompassed within the PUD is to be
subdivided, all of the material required by Chapter 12 of this Code relating to the subdivision of
land. In addition, an applicant shall submit the following information:
A. Project Identification. The following and such other information as is necessary to
clearly and completely describe the project shall be provided:
1. Ownership. •Identify all owners legal and equitable of and all encumbrances and
easements upon the land within the proposed PUD.
2. Developer. Identify all parties involved in the development, including their
previous experience and the nature and extent of their participation.
3. Financing of Project. Identify the source and type of financing of the project,
including financing such as: Municipal Industrial Development Revenue Bonds,
Housing Revenue Bonds, or otherwise.
4. Development Method. Describe what will be done with the project, if approved,
and who will do it. Will the property be marketed undeveloped; rough graded;
developed; or will the developer carry the project through actual construction of
structures? Will structures be retained, sold, or leased?
5. Development Timing. Specify timing of each stage of development from initial
site development through building construction. Any phasing of different
portions of the project should be clearly explained.
6. Critical Public Decisions. Identify all governmental agencies which have review
authority over any portion of the development, what aspect of the project required
their review, and what approvals are necessary. Explain what public
improvements would be necessary to serve the project, such as: utilities, roads,
road improvements,parks, schools, etc.
7. Other Information. Include any other information necessary to explain the unique
characteristics of the project.
B. Plan Area Identification. Provide the following to identify the land included in the
proposed PUD.
1. PUD Boundaries. A plan clearly denoting overall project boundaries.
2. PUD Area. A plan which shows the overall PUD area as well as parcels and their
ownership within 1,000 feet of the PUD.
3. Regional Relationships. A description of regional factors the plan is predicated
upon such as: market area, population centers, major roads, railroad, airport,
proximity to Regional Services, etc. Also describe any impact the PUD would
have on Regional Services and Systems.
4. Existing Land Use and Occupancy.
5. Existing Transportation Systems. Describe how the land within the PUD will be
served by transportation systems and provide an analysis of the PUD's impact
upon such transportation systems. If transportation systems are not adequate to
accommodate the traffic expected from the development, describe improvements
necessary. Illustrate how the plan provides for pedestrian and bicycle sidewalks
and trails and how they tie into the City-wide system.
6. Existing Zoning. A map which shows the existing zoning and zoning of adjacent
parcels. A listing of any zoning district changes or variances from City Code
provisions should be provided.
7. Guide Plan and PUD Concept Framework. A map which shows the Guide Plan
Designation of the project and surrounding uses. If the plan was originally part of
a PUD Concept Review, the plan reviewed should be submitted together with a
comparative analysis of the proposed PUD.
8. General Analysis and Conclusions.
C. Plan Area Analysis. Provide the following relating to analysis of the plan:
1. Two-foot contour topographic map depicting existing and proposed contours
should be submitted at a scale of 1" = 100'.
2. A soils map depicting surface and subsurface conditions that may affect
construction.
3. A map depicting vegetation of the site with detailed locations of trees 12" or over
in diameter.
4. All water, streams, lakes,marsh,ponds, drainage, subsurface, flood plains, should
be denoted on a site plan.
5. Photographs of the site sufficient to convey its general visual qualities and
relationship to area and proposed development.
6. A general discussion of natural ecological factors, analysis and conclusions.
7. A utility plan which illustrates the easements, and general sewer, water, and
power services to all uses.
8. Preliminary architectural drawings depicting normal detail achieved during
"design development phase" of architectural design process (does not include
single family detached housing).
9. Legal instruments for plan implementation including homeowner's association
documents, scenic, pathway, drainage, or other easements and private documents,
etc.
10. Housing or land/building use profile including computations of gross/leasable
square footage, housing unit breakdown to square foot, bedrooms, persons/unit,
parking requirements, etc.
11. A map drawn to scale of 1" = 200' showing roads, structures, lakes, streams,
ponds, wetlands, floodplains, vegetation, topography, utilities, sidewalks, trails,
parks, zoning, and land use within 1,000 feet of the boundaries of a proposed
PUD and an analysis of the impact the PUD would have on the above referenced
items.
D. Fees and applications for a PUD shall be filed at the office of the City Planner. A non-
refundable application fee in the amount established by the Council by resolution to
defray administrative costs shall accompany each application. A deposit established by
the City Planner shall accompany the application. The deposit or a portion thereof, will
be refunded after final Council action on the proposal if the total sum is greater than the
administrative review cost,which may include,but not be limited to:
1. Consultant fees assisting in City review.
2. City Staff time expended in specific development review.
3. Mailing, legal notices and other administrative costs.
4. Any other reasonable costs incurred by the City in review of the proposal. Full
payment by the proponent of all fees and costs for City review must be made prior
to consideration of the application.
Subd. 9. Public Hearing. A public hearing on an application for a PUD shall be held before
both the Planning Commission and the Council. A notice of the time,place, and purpose of each
hearing shall be published.in the official newspaper at least ten days prior to the day of the
hearing. When a PUD involves changes in district boundaries.a similar notice shall be mailed at
least ten days before the day of the hearing to each owner of affected property and property
situated wholly or partly within 500 feet of the property to which the PUD relates. For the
purpose of giving mailed notice, the person responsible for mailing the notice may use any
appropriate records to determine the names and addresses of owners. A copy of the notice and a
list of the owners and addresses to which the notice was sent shall be attested to by the
responsible person and shall be made a part of the records of the proceedings. The failure to give
mailed notice to individual property owners, or defects in the notice shall not invalidate the
proceedings,provided a bona fide attempt to comply with this Subdivision has been made.
A. An application for a PUD may not be acted upon by the Council until it has received the
recommendation of the Planning Commission or until 60 days have elapsed from the date
of referral to the Planning Commission.
B. In the event land within a PUD is or will be subdivided in connection with a PUD, such
subdivision pursuant to, or any waiver or modification of any provision of, Chapter 12
may be approved only upon compliance with such additional procedures as are set forth
in Chapter 12.
Source: City Code
Effective Date: 9-17-82
Subd. 10. Findings Required. The findings necessary for approval of a PUD shall be as
follows:
A. The proposed development is not in conflict with the goals of the Guide Plan of the City.
B. The proposed development is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. Any exceptions to the standard requirements of this Chapter and Chapter 12 of this Code
are justified by the design of the development.
D. The PUD is of composition and arrangement that its construction, marketing, and
operation are feasible as a complete unit without dependence upon any subsequent unit,
and the PUD shall be consistent with an approved PUD Concept.
Source: Ordinance No. 24-91
Effective Date: 12-5-91
Subd. 11. Revisions and Amendments.
A. Minor changes in the location, placement and height of buildings or structures as well as
other matters set forth in the development plan, or any agreement, except as described in
Subparagraph B below, may be authorized by the City Planner if required by engineering
or other circumstances not foreseen at the time the final development plan was approved.
B. Changes in uses as well as any modification or waiver of any standard or requirement
relating to an original district or amendment of any waiver or modification thereof
granted in connection with a PUD may be made only in accordance with the procedures
applicable to amendments of this Chapter pertaining to zoning. Changes relating to any
standard or requirement set forth in Chapter 12 pertaining to the subdivision of land or
amendment of any waiver or modification thereof granted in connection with a PUD may
be made only in accordance with the procedures provided in Chapter 12 of this Code
pertaining to subdivision of land.
Source: City Code
Effective Date: 9-17-82
SECTION 11.70. SIGN PERMITS.
Subd. 4. District Regulations.
D. Planned Unit Development(PUD) With multiple uses.
1. That the developer submit after approval of the P.U.D., a schematic plan for
informational, directional and advertising signage, explaining and illustrating:
(a) Purpose of signage program and each sign.
(b) Location-rezoning for plan.
(c) Size - research data must be provided to prove to the City the need for
signs larger than those normally allowed within this Section.
(d) Design.
(e) Material-color,texture, durability, type.
(f) Information Needed-during sales programs.
(g) Final use or removal of signs.
(h) Maintenance responsibilities and legal commitments.
(i) Site and landscape plans which depict the design of the area surrounding
the structure.
2. The signage program may include,but shall not be limited to:
(a) Sector identification signs if approved by the Council.
(b) Neighborhood markers which appear at the entrance to established
neighborhood developments.
(c) Area/project identification signs marking housing, commercial,
institutional and public mini-neighborhoods or clusters.
(d) Individualized building name or number signs shall be allowed in accord
with this Section, or as an approved element of architectural design.
Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 11.99, "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
07th day of December, 1999, and finally read and adopted and ordered published in summary
form as attached hereto at a regular meeting of the City Council of said City on the 18th day of
January, 2000.
ATTEST:
KAleen A. Porta, City Clerk can L. Harris,Mayor
PUBLISHED in the Eden Prairie News on 4—� ��
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. .3•-2000
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 11, SECTION 11.40 ENTITLED "PLANNED UNIT
DEVELOPMENT (PUD) CONCEPT" AND SECTION 11.70 ENTITLED
SIGN PERMITS" AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND
SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Summary: This ordinance reduces the minimum area required in a Planned Unit
Development (PUD) from 15 acres to no minimum size. References to a PUD minimum area in
the sign code are adjusted accordingly.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
41, , a-
Katlr en A. Porta, City Clerk .lean arris, ayor
PUBLISHED in the Eden Prairie News on 7 �")
(A full copy of the text of this Ordinance is available from City Clerk.)
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
SUMMARY OF ORDINANCE the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
NO. 3-2000 as follows:
ORDINANCE OF THE CITY OF
EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE CHAPTER (A)This newspaper has complied with the requirements constituting qualification as a legal
11, SECTION 11.40 ENTITLED newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
"PLANNED UNIT DEVELOPMENT amended.
(PUD) CONCEPT" AND SECTION (B)The printed public notice that is attached to this Affidavit and identified as No.'s,
11.70 ENTITLED was published on the date or dates and in the newspaper stated in the attached Notice and said
SIGN PERMITS" AND ADOPTING Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
BY REFERENCE CITY CODE the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
WHICH, AMONG OTHER THINNGSGS,,
CHAPTER 1 AND SECTION inclusive,and is hereby acknowledged as being the kind and s' a of type used in the composition
CONTAIN PENALTY PROVISIONS and publication of the Notice:
THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE, abcdefghijkhnnopgrs vN
MINNESOTA, ORDAINS:
Summary: This ordinance
reduces the minimum area required in a By:
Planned Unit Development(PUD) from Stan Rolfsrud,General Daanager
15 acres to no minimum size.References to
a PUD minimum area in the sign code are or his designated agent
adjusted accordingly. Subscribed and sworn before me on
Effective Date: This Ordinance shall
take effect upon publication.
Jean L.Harris,Mayor 46
ATTEST: Kathleen A.Ports thisday of 2000
City Clerk _ ,, „• ,
(A full copy of the text of this Ordinance
is available from City Clerk.) <; - -:)TA
(Published in the Eden Prairie News on
!�Thursday,January 27,2000;No.3256) s„
z
Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$17.50 per column inch
Maximum rate allowed by law for the above matter................................$17.50 per column inch
Rate actually charged for the above matter.................................................$9.25 per column inch