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HomeMy WebLinkAboutSP October 10, 2000 , CITY of ANDOVER \..J Special Joint City CouncillPlanning and Zoning Commission Meeting Tuesday, October 10, 2000 Call to Order - 6:00 PM Discussion Items 1. Communal Septics (Item will be presented at meeting) 0 2. Planned Unit Development Ordinance 3. Comprehensive Plan Update (Item to be presented at the meeting) 4. Other Business Adjournment 0 !1 s TI Memorandum , To: City Council and Planning & Zoning Commission From: Dan Taylor, City Planner Intern Date: 10/10/00 Re: Discussion ofPUD Ordinance No. 112 The Commission, City Council, and staff have questioned the effectiveness and outcome of the PUD process. The current PUD ordinance has not been effective in reaching the main objectives of innovative site design and conservation of land. In recent weeks staff has made several revisions to the PUD ordinance with the direction of the Planning and Zoning Commission. Staff has attached a copy of the current revised ordinance for review and direction. Listed below are the newly proposed revisions to the PUD ordinance. Section 1. 1. Attaining a higher standard of site design and development that cannot be accomplished / under strict adherence to development ordinance provisions. Section 4. 6c. Number 3. The declaration of covenants, conditions and restrictions shall provide that an owner's association shall be formed and that all owners shall be a member of said association which shall maintain all properties infrastructure, and common areas in good repair and which shall assess or change individual property owners proportionate shares of joint or common costs. 6c. Number 11. Any amendment or dissolution of association, or related documents must be approved by the City Council. Sa. Density Provide trails, parks, or other recreational facilities, above and beyond Minimum Park or trail dedication requirements that are accessible to the general public. 1 October 10, 2000 8b. I Provide additional significant high quality open space above and beyond minimum dedication requirements. 8c. Incorporate higher quality design elements including but not limited to housing materials, landscaping, and street scaping. All design elements must be uniform and compatible to the surrounding buildings and landscape. Below 8d. The burden for justifying a density increase rests with the applicant. All other changes on the attached ordinance have been presented"to Planning and Zoning Commission in previous discussions. I 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 112 AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS (PUDs) IN THE CITY OF ANDOVER. Section 1. Purpose. This Ordinance intended to provide for the permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. This flexibility can be achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot sizes, setbacks, heights and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Andover and its inhabitants. Planned Unit Developments eneour3g:e sh311 accomplish thc I [ollowing: 1. Attaining a higher standard of site design and development that cannot be accomplished under strict adherence to development ordinance provisions. Innov3tions in deyelopment to the end tlut the growing dem3nds for 311 styles of economic expansion m3Y be met by the gre3ter Y3riety in type. design. 3nd siting: of stmctures and by the conscrntion 3nd more efficient use of land in such de'o'e1opments; 2. lligher st3ndards of site 3nd building design through the else of trained 3ncl I experienced bnd pbnners. architects 3nd bndse3pe 3rchiteets; 3. More convenience in loc3tion 3nd design of development 3nd ser'.'ice beilities; 4. The preservation and enhancement of desirable site characteristics such as natural topography, woodlands. geologic features~ an~ the prevention of I soil erosion; 5. A cre3tive use of bnd 3nd related physic31 de'o'e1opment v.'hich 3110ws 3 I phased 3nd orderly tr3nsition ofland from mral to urban uses; 6. A more efficient use ofland resulting in smaller networks of utilities and I streets thereby lowering the development costs and public investments; 7. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not as a means to vary applicable planning and zoning principles. ) 1 8. A more desir3blc 3nd cre3tiw environment th3n might be possible through the strict 3pplic3tion of the zoning 3nd subdiyision regellations of the City. Section 2. Definition. Planned Unit Developments (PUDs) shall include all developments having two (2) org more principal uses or structures on a single parcel of I land which shall include townhouses, single and two-family homes, apartment projects involving more than one (1) building, residential subdivisions submitted under density zoning provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 3. Zoning District Supplement. A Planned Unit Development (PUD) District 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 Ordinance and the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean a zoning district as described in Ordinance No.8, the Zoning Ordinance. Section 4. General Requirements and Standards. 1. Ownership: An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the Approved Final Plan or Plat shall be binding on all owners. 2. Comprehensive Land Use Plan Consistency: The proposed PUD shall be I consistent with the Andover Comprehensive Land Use Plan. 3. Comprehensive Sanitary Sewer Plan Consistency: The proposed PUD_- I shall be consistent with the Andover Comprehensive Sewer Plan when applicable. 4. Ordinance Consistency: The proposed PUD shall be consistent with the intent and purpose of City Ordinance provisions relating to land use, subdivision and development. 5. Common Open Space: Common open space at least sufficient to meet the minimum density requirements established by the City shall be provided within the area of the PUD, except as provided in Subsection 8 below. 6. Operating and Maintenance Requirements for PUD Common Open Space/Facilities: Whenever and wherever common open or service facilities are provided within a PUD, the PUD shall contain provisions to assure the continued prcservation. operation~ and maintenance of such open space and I service facilities to a pre-determined reasonable standard. Cotnmon open space and service facilities within the PUD may be placed under the ownership of one or 2 more of the following, as approved by the City Council: a. Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication. b. L3ndlord control. where only the tell3nts is 3nticip3ted. I c. Property Owners Association, provided all of the following conditions are met: 1. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouses, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Andover. Said filing with the City shall be made prior to the filings of said declaration or document with the recording officer of Anoka County, Minnesota. 2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. 3. The declaration of covenants, conditions and restrictions shall provided that an owner's association shall be formed and that all owners I shall be a member of said association which shall maintain all properties infrastructure. and common areas in good repair and which shall assess or I change individual property owners proportionate shares of joint or common costs. This declaration shall be subject to review and approval by the City Attorney. The intent of tlH&-these requirements is to protect the I property values of the individual owners through established private control. 4. The declaration shall additionally, amongst other things, provide that in the event the association fails to maintain properties in accordance with the applicable rules and regulations of the City of Andover or fails to pay taxes or assessments on properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association, then the City of Andover shall have the right to assess each property with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. 5. Membership of the association shall be mandatory for each owner and any successive OOye.Fowner. tenant or assiun. I 3 6. The open space restrictions shall be permanent and not for a given period of time. 7. The Association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. 8. Property owner must pay the prorata share of the cost ofthe Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. 9. The Association must be able to adjust the assessments to meet changing needs. I 10. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior tothe approval of the final PUD plan or plat. 11. Anv Amendment or dissolution of association. or related documents must be approved by the Citv Council. 7. Staging of Public and Common Open Space. When a PUD provides for common or public open space and is planned as a staged development over a period oftime, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. 8. Density. Net Huildability shall inelude totaleross acreage minus parks. roadways. major utility casements. and type 3. 4. & S wetlands as defined bv the US Corps ofEnl.!ineers pamphlet entitled. "10 Important Questions." US Government Printim: OlTiee No. 1979-768-929. or future revisions. The density of a PUD shall conform to the regulations of the zoning district in which the land and project are located: :lIld sh311 be b3sed on the net belild3ble are3 (exelude I streets ), except tklt Density increases of up to five (5%) percent may be allowed for each category listed below (20% maximum total) at the discretion of the City Council, as an incentive for the developer to include the following features hereby determined to be a benefit to the public. a. Providc trails. parks. or other recreational [acilitics above and beyond Minimum Park or trail dcdication rcquirements that arc accessible to the Q.cneral public.Significant undeycloped common opcn space. 4 b. Providc additional si!.!nificant hi!.!h qualitv opcn space abovc and I bevond minimum dcdication requirements. Signific3nt impro'o'ed common open space. c. Incorporate higher qualitv desi!.!n elcmcnts includinf! but not limited to housinf! materials.landscapinl!. and strcct scapin!.!. All dcsif!n clements must be uni[orm and compatible to the surroundinl! buildinl!s and landscape. Distinctivcness and cxcellencc in sctting design :md landscaping. d. Allow at least IS% of the housinl! to be of mixed use such as multiple-fmnilv. town homes. or other housing types approved bv Citv Council. Architectural style and overall appearance and compatibility of individml belildings to other site elcments or to surroell1ding dcvelopmcnt. Thc burden for iustifvinl! a dcnsitv increase rcsts with the applicant. 9. Staging of Development. Whenever a PUD is to be developed in stages, the density of the stages when totaled shall not exceed the proposed residential density of the entire PUD. The City may require a developer to record a restrictive covenant in favor of the City to insure that all stages or phases will be developed within the overall density for the entire PUD. 10. Utilities. All utilities shall conform to the design standards of Ordinance No. 10, the Subdividing and Platting Ordinance and other applicable design standards on file with the City. All utilities, including, but not limited to, telephone, electricity, gas, and telecable shall be installed underground. 11. City Utilities. All city utilities including, water, sanitary sewer, storm sewer and streets shall be designed, installed and maintained by the City in conformance with all city standards and practices. Utility easements shall be dedicated as required by the City. 12. Urban Development and Availability of Public Service. All development shall be carefully phaseQ5 so as to ensure that it will not cause an I unreasonable burden upon the City in providing services and utilities or cause a deleterious impact upon the natural environment. 13. Streets and Site Improvements. All streets and site improvements shall meet the design standards and regulations contained in Ordinance No. 10, the Platting and Subdividing Ordinance, unless otherwise approved by the City Council. 5 14. Landscaping. In any PUD, landscaping shall be provided according to a / plan approved by the City Council, which shall include a detailed planting list with the City Council, which shall include a detailed plating list with sizes and species indicated as a part of the Final Plan. In assessing the landscape plan, the City Council shall consider natural features ofthe particular site maintcnance, the I architectural characteristics of the proposed structures and the overall scheme of the PUD. 15. Special Requirements and Standards. a. Residential Planned Unit Developments (Density Zoning). 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit Requested shall not have less than two hundred (200') feet offrontage on the public right-of-way and be a minimum of two (2a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as / those required in the zoning district. b. No building shall be located less than fiftcen I (-82-20') feet from the back of the curb line along those streets, which are part of the private internal street pattern. c. No building within the project shall be located nearer to another building than one-half (1/2) the sum of the building heights of the two (2) buildings. d. No buildings sh311 be locatcd nearer tl13n its I building height to the re3r and side propcl1y lines. b. Commercial or Industrial Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet offrontage on the public right-of-way and be a minimum of two (2a.) acres. 2. Yards. 6 a. The front and side yard restrict~ons at the periphery J of the PUD site shall, at a minimum, be the same as those required in the zoning district. ~ No belilding shall be located nearer than its belilding I hei;ht to the rear and side property lines. 3. Landscaping, Surfacing and Screening. a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. c. Mixed Use Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet offrontage on the public right-of-way and be a minimum two (2a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be at same as those required in the zoning district. b. No b'_lilding shall be located nearer tlun its building I height to the rC3r 3nd side property lines. 3. Landscaping, Surfacing and Screening: a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. 7 b. The entire other than that taken up by structures or I landscaping shall be surfaced in accordance wit the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. 16. Sign Requirements. Signs shall be regulated and conform to the standards set out in Ordinance No.8, Section 8.07. All signs shall be shown on the Final Plan. 17. Special Protection Districts. Planned Unit Developments involving land within the Flood Plain, Shoreland Management or Scenic River Districts shall be subject to the provisions of those ordinances regulating said districts. 18. PUD Crcdit o[ Site Improvemcnts. In ordcr to obtain PUD credit fl)J'site improvemcnts including but not limited to trails. parks. Iandscapine. etc. the improvcments must bc constructed as a part ofthc initial phasc as determined bv City Council. Section 5. Application, Review and Administration. The general sequence for , application, review and action on a PUD shall be the same as platting a property as specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use Permit shall be required. Application for the Special Use Permit shall be made as specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the filing of the Preliminary Plat Application. Section 6. Violation and Penalty. 1. Misdemeanor. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. 2. Other Remedies. In addition to the penalties imposed by this ordinance, the City may exercise, with or separately from such penalties, all and any legal and equitable remedies then available to the City by this ordinance, or by statute, or by other ordinances of the City, or by applicable rules and regulations, to enforce this ordinance, including, without limitation, injunction. Section 7. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the City Council of the City of Andover this 4th day of June, 1996. 8 I CITY OF ANDOVER J.E. McKelvey, Mayor ATTEST: Victoria V olk, City Clerk . I I 9