HomeMy WebLinkAboutOrd. 112 - PUD
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. PUl:pose. This Ordinance is intended to provide for and 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 encourage:
1. Innovations in development to the end that the growing demands for all
styles of economic expansion may be met by greater variety in type, design,
and siting of structures and by the conservation and more efficient use ofland
in such developments;
2. Higher standards of site and building design through the use of trained and
experienced land planners, architects and landscape architects;
3. More convenience in location and design of development and service
facilities;
4. The preservation and enhancement of desirable site characteristics such as
natural topography, geologic features and the prevention of soil erosion;
5. A creative use ofland and related physical development which allows a
phased and orderly transition of land from rural to urban uses;
6. An efficient use ofland resulting in smaller networks of utilities and streets
thereby lowering the development costs and public investments;
7. A development pattern in harmony with the Andover Comprehensive Plan.
(PUD is not intended as a means to vary applicable planning and zoning
principles.)
8. A more desirable and creative environment than might be possible through
the strict application ofthe zoning and subdivision regulations of the City.
Section 2. Definition. Planned Unit Developments (PUDs) shall include all
developments having two (2) or more principal uses or structures on a single
parcel of 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 ina
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 Plan Consistency: The proposed PUD shall be
consistent with the Andover Comprehensive Plan.
3. Sanitary Sewer Plan Consistency: The proposed PUD 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.
2
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 space or
service facilities are provided within a PUD, the PUD shall contain
provisions to assure the continued operation and maintenance of
such open space and service facilities to a pre-determined reasonable
standard. Common open space and service facilities within the PUD
may be placed under the ownership of one or 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. Landlord control, where only use by tenants is anticipated.
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 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 and common areas in good repair and
which shall assess or charge individual property owners
3
proportionate shares of joint or common costs. This declaration
shall be subject to review and approval by the City Attorney.
The intent of this requirement is to protect the 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 its prorata share of said expenses. Such
assessments, together 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 buyer.
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 of the
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.
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 to the approval of the final PUD plan or plat.
4
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 of time, 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. The density of a PUD shall conform to the regulations of
the zoning district in which the land and project are located and shall
be based on the net buildable area (exclude streets), except that
density increases of up to five (5%) percent (20% maximum total)
may be allowed for each category listed below 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. Significant undeveloped common open space.
b. Significant improved common open space.
c. Distinctiveness and excellence in setting design and landscaping.
d. Architectural style and overall appearance and compatibility of
individual buildings to other site elements or to surrounding
development.
9. Staging of Development. Whenever a PUD is to be developed in
stages, the density ofthe stages when totalled 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
5
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 phased so as to ensure that it will
not cause an 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.
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 sizes and species indicated as a part ofthe
Final Plan. In assessing the landscape plan, the City Council shall
consider natural features of the particular site, the 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 of frontage on the
public right-of-way and be a minimum of two (2 a.) 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 fifteen (15') feet
from the back of the curb line along those streets which are
part of the private internal street pattern.
6
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 building shall be located nearer than its building height
to the rear and side property 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 of frontage on the
public right-of-way and be a minimum of two (2 a.) 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 nearer than its building height
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 Develqpments.
7
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 of frontage on the
public right-of-way and be a minimum of two (2 a.) 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 nearer than its building height
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.
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.
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
8
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 ofthe
provisions of this Ordinance shall be guilty ofa 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 other 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.
ATTEST
~td
Victoria V olk, City Clerk
CITY OF ANDOVER
. [. flJv '(V 4A
. . McKelvey, ~
9
1
~
l.
"'-
00
~
~~
."
"
II>
E-<
Z
ril
:E:
ril
ll:
H
::>
(,)I
~
.>:
:E:
::>
:E:
H
Z
H
:E:
M
o
'"
H
al
Cl
I I I I
U
II>
I I I
al
Z
I I I
al
..:l
o
o
o
"
"''''
ll:
Cl
........
M
:E:
o
o
I I 0
'"
....
:E:
o
o
I I 10
'O
'"
ll:
00000
0000
lnOOO
Ln.r--,.... ,.....
.. .. ..
....
ll:
0000
OQIlH/)
..., P"""'I &on U'l
1"1
ll:
.....,..... CD (I)
.....f"""'4...
o
o
o
o
M
'"
M
ll:
....
....
ll:
'"
'"
M
..
..
...., a'O
... 0..
c: =.<::
::> 0
C:",
tra ......,
c: 3:"'"
... E-<O<:
.... "''''
..... fUCU>.>t
.. aa........
): 00........
Q-==aa
...., "''''
,.,. QJ >. >tt&.. l&4
Q)"QJ..-tr""'i I I
p.,,4-I........ Q,t IV
SSr""'i.-t
iU<UcURJO"tn
4J""rs.~c:c::
,.,. /U I I........
<::s.....NOOtl)
0'
....,'"
o~
..
I I
I I
000
000
"'''''''
....MM
000
000
"'''''''
....MM
000
000
000
1"1""'"
000
000
000
.... '" 'O
000
000
000
"''O''
.. .. ..
000
000
000
"''O "
.. .. ..
I I
I I
'"
....,
...
c:
;>
a
o
"'0
....,...
... '0
C:..
;>.0
>.
ua..
c: 0'"
..00
to.... !.I S
""'U'O
c.... 4J w
Q)~l:Q 0
a.... I
.a.J1Z1.-tM
...
'"
0.
0<:
I I I I
I I I
I I
I I I
I I I
o
o
'" I I
o
o
'" I I
o
'O
I I I'"
o
'O
I I '"
0000
\0 \0 \0 \0
0'l0\0\0\
.... ..
0000
\0 \0 \0 \0
0\0'\0'\0"l
.. .. ..
o
'O
'" I I I
o
o
M I I I
....
o
'O I I I
'"
...., '"
... ..
c: a'O
::> 0..
=.<::
I>' 0
c: c'"
.... .......,
.... 3:"'"
.... E-<O<:
.. "'..
3: ....>0>.
Q a a........
00....."
...-==aa
IV'" /0 ru
'" .. >0 >or.. r..
4J.-l....-l I I
ld""-4........ co QJ
cu a Sr-IP"""'I
wQ)tGrdO"lO'\
o<:...r..r..c:c
ns I I........
w::s.....MU1~
00'
0'"
....~
r..
I I I
I I I
000
00'"
"'"....
000
00'"
"'"....
000
00'"
"''' ....
000
00'"
"''' ....
000
00'"
'O" ....
.. .. ..
000
00'"
"'" ....
.. .. ..
I I
I I
"'....
....,'"
... c:
c: 0
;>...
>. ....,
U e!....
CO'O
QlO"O-
en.... w.,:( UJ
+J U"O ::s
c.... 4J..c.-f
Q)~aJOc.
eiloMllU-
.a.J1Z1r-4t&1
...
'"
0.
0<:
u
....0.
+ '"
o
Mo>(
M'"
0.
o
....0.
+..
o
Mo>(
M'"
0.
....0.
+..
o
M....
M'"
0.
o
....
....
o
....
....
o
....
....
o
....
....
a
o
o
...
'0
..
al
....
"''''
.....
0'"
"'0<:"
....
ul.&-l,a.J
"00
C ..:l
01>'
... c....
..... '"
1..f"C-f"4
..........,
>.... C
c;>..
Oal'O
u ...
..'"
......
1>'II>ll:
"'~I
... C
'" 0
Cl :z:
'"
..
I>'
'"
...
'"
Cl
o
o
o
....
M
o
o
o
o
M
'"
'"
'"
M
o
o
o
o
M
o
o
o
o
M
o
o
o
o
M
o
o
o
o
M
o
o
o
o
M
o
o
o
o
M
o
o
o
o
M
'"
....
'"
'"
00
0'"
....
00'"
............
.. ..
.. ..
.. ..
000
"''''....
....
000
"''''....
....
~~
000
"''''....
....
0"'0
"''''....
....
0"'0
"'1"1""
....
000
1"1"'''''
....
000
M"'M
....
000
M....M
....
\0 COLtl COL/') 0
.....r'.)C", MMM ~
......
..
..
c:
...
....
....
o
'"
.0
....,
..
<II
OOt/) OOlt) 0
.-tMm MLnM l,()
....
"'0 0
'O.... ....
....
OOLl'l 000 0
MIJ')M NlIl-<qI Ln
....
00 0
0.... ....
1"1
OOIn 000 0
r-tLnM Mll')~ Ltl
....
....,
..
"1"1
wl-lC"'Stn
+JtG....ft;lOlU dPt.Q
U) 0....-1 U w Q,t Q1
+J 4-1'" a \..I
a...o.......,a ;>;>
00....0- 0 a....,
w Q)'" w Q) 'r-4 U
l.&-IQ.I w Q)'t:! OlM s::::: )(::s
0"00'1'" .... lU"" oX
.::ac.u....ltS):lU.::acr-l.:M::-S.....-u.::ac
.a.J Ow,",W CU~Uei-t.Q+J/UU
c: 10 lU Q) <<S... .... mOltS ::::3 lU.o lC
o .Q 0'I.a.J O\o,......c.....t.c a Q) >r 4J .a.J .c
w ... c: N J.J ..... .&.J.... tn.c \f..I QI +J -
~ QJ..-t....,.... OQJ""CU)(/U -OOlU.....
I tl)lU lUw.-ttl)OtnlUw~ tl)ftS
..c- ....a....lU ~ e!Q)Q)..c~ ....
.&.J+J't:I+JO..a.J>W~M~_>M~W~~
~~M~WCOOW~W O~~m~~
.~~m~~~-~m~m~U>~~m~
:J: tw >t'C "0 \.f >w c:: >w.c 0 c .., >t W
-QJ.....~.rf+JQ.lQ.J.....MO\~O C RS
""" "t:I1.Q,",UJw~"O m.....c: """0>.
o ~QJO~oc,,,,, ~Q.lm owe:
~ U] ~ o..n: a.." U) P:: :r: ~ ~ ~ <
00
OM
....
co'"
............
" ..
.. ..
.. ..
~
00'"
............
.. ..
.. ..
.. ..
00
"'1"1
....
00'"
........'"
.. ..
.. ..
.. ..
00'"
........'"
.. ..
.. ..
.. ..
00 0
OM ....
....
00 0
MM ....
....
00'"
...."''''
00 0
"'1"1 ....
....
00'"
1"11"11"1
00 0
"'1"1 ....
....
00'"
MMM
00 '"
"'M
0"''''
....MM
0'" 0
"'''' ....
..
..
..
..
0'" 0
OM ....
....
....,...
.. 0
......,
....'"
-a
"
.......
o 0
-
..
O.c
on u
- "
"
"
..0'"
"
o '"
...
"
'" c:
" 0
... .~
.~ '"
" c:
.,."
" 6
J.o.... 4t
"'0 en- _ l.o."
Q.I 4.l In Q. Q.I Q.I
.c"O 113__'0-4 .c """
c_ u.uQ.
_roQ.Q.lCOO
_ >..... "'0
IU 4J ):.... ~ ~ ro:
.l:: N Q.I ~ C,::l.~
(I)..... C < "'0
U) ..... 41 C
en c ro.c 113
..... e.... c w
o =' 0 ~ c
..... Ei ~..... ~ U Q.I
..... _ w 0 Q.I...
>- C c..... 14.4 "'0 w
_..... o"'tJ
..... El "0 U) ca J.o
e "Oroc 3
ro >. Q.I ro '""
14.4_~C_ocn
1'.-IO<Q.~ro:
06-
~ "'-
f-I 14.4 <00
o
'"
I ..
"..0
-
00'"
,,-
"
" 0
~
o
'"
o
'"
o
'"
o
'"
o
'"
o
'"
o
'"
o
'"
...
"
'"
"
,.."
--
c:
o '"
~"
0...
:> '"
0.. u
~...
'" ..
... c: ..
C..-I iC
" ..
6'"
0>.-
0" "
_ 0 _
" ~
> "
" "
0" "
... 0
... "
... ,.....
c u """ u
:J ::::l -.-I Q.I
... 6 '"
'" ... ...
" " 0
" ....<Xl
C OO'o-i:;;.
'" " "
_..-1 ::::l Q.I
0..... u
'" " "
:>-,._._ l'l:l
..0 :< ro: c
IV OJ .-
'" "'"
IV U)._ l-<
3: (/) a:I 0
o " 6
~ "
_ C 0 Q.I
<;:::.....tn
..
" "
.... ..
c:
'"
'"
"'6~
"'",..
Q.I Q.I ... >-
.c u ,..
...u_oo
"'-~
" '"
" C:.c
.c '" "
:>
...
"N"
"0 """ 0 >
Q.I co . 0
"O"'C\oO"'C
'" 0 "
'" a <c
o u
Q.I (J Q.I....
.cucno
'"
- ....,..
...... Q.I 0 """
'" ...
.c "
'" ...
u
... "
" ...
" ...
.... "
"'w
c:
o "
.~ .c
... ...
..
o ,..
0>...0
-'"
u '"
'" "
..0 '" "
... -
QJ en.... c
" 0 "
-
... "
-"'"
u c:
.... ca."
..0_
...0,..
"......
" ...
....-"'"
uo>.
'" '" 0
N..o...
0>.
6
o
..
....
"
..
'"
'"
...
"
"
6
"
..
"
"
"''''
" "
6 ...
o
-'" "
u
'" "
..0 "
...
" :>
" ..
"
_.c
- ...
<c 0
w
...
o
z
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112 SUMMARY
AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS
(PUDS) IN THE CITY OF ANDOVER.
PUI:pose. This Ordinance is intended to provide for and 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.
Definition. Planned Unit Developments (PUDs) shall include all developments
having two (2) or more principal uses or structures on a single parcel ofland 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.
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 ofthis
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.
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 other 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.
Effective Date. This Ordinance shall take effect and be in force from and after its
passage and publication.
A printed copy ofthis ordinance is available for inspection by any person during
regular office hours at the office of the City Clerk and the Anoka County Library.
City of Andover
Attest:
J.E. McKelvey
Victoria V olk, City Clerk
2
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112A
AN ORDINANCE AMENDING ORDINANCE NO. 112, REGULATING PLANNED
UNIT DEVELOPMENTS (PUDs) IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
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 easal:lfage shall accomplish all ofthe
following:
1. Attaining a higher standard of site design and development that cannot be
accomplished under strict adherence to development ordinance
provisions. IlHl.a':a:tiaas ia deyelopmBBt ta tee eaa teat the grawiRg
demamls for aU styles af eeaRamis eKpaasioR fRay be fRet by the greater
variety iR tYfle, desigR, ana sitiRg of swsRifes aRa by the eonservation and
mere effieief!.t llse eflaaa if!. SlieR aevelopmBBts;
;h Higaer stal1dards of si-te ana l:milEl:iFlg aesigR thn:lligh t.e.e l:lse ef traiRed and
8?(flsrieaeea land plaflRers, afsmtests and lanasea]3s areai-tests;
;,. More eaR-yeRiease iR 10eatiaR ana aesiga of de'.'elopmeRt and serviee
faeilities;
4,. 2. The preservation and enhancement of desirable site characteristics such
as natural topography, woodlands. geologic features and the prevention of
soil erosion;
~ .^~ ereati'le bise af land and related paysieall'hwEllaflmeat '::!:Hea allo':.'!') a
]3aaSSa and orderly transitiaR af land from. rural to l:H'baa liSElS;
6. 1, An more efficient use ofland resulting in smaller networks of utilities and
streets thereby lowering the development costs and public investments;
1
':h 4. A development pattern in harmony with the Andover Comprehensive
Plan. (pUD is not as-a means to vary applicable planning and zoning
principles.)
~ .\ FRere aesirabl@ and ereatiye ea'.ir8BFReat tlul1'l might Be flessiBle throagh
the striet 8flfllieatiea efthe zeniHg ami swdivisioE. r@gulatioBs of the City.
Section 2. Definition. Planned Unit Developments (PUDs) shall include all
developments having two (2) ore more principal uses or structures on a single parcel of
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 Plan Consistencv: The proposed PUD shall be
consistent with the Andover Comprehensive Land Use Plan.
3. Sanitary Sewer Plan Consistencv: The proposed PUD shall be
consistent with the Andover Comprehensive Sewer Plan when applicable.
4. Ordinance Consistencv: 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 sl:lfHeieat
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
2
are provided within a PUD, the PUD shall contain provisions to assure the
continued preservation. operation and maintenance of such open space and service
facilities to a pre-determined reasonable standard. Common open space and
service facilities within the PUD may be placed under the ownership of one or
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.
13. Landlora eaakel, '{,'here aBly the tenants is antiei:Pated.
e. b. 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
shall be a member of said association which shall maintain all properties,
private infrastructure and common areas in good repair and which shall
assess or eaaRge charge individual property owners proportionate shares
of joint or common costs. This declaration shall be subject to review and
approval by the City Attorney prior to the recording of the final plat. The
intent oftffis these requirements is to protect the 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 covenants and 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,
3
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 ~ owner. tenant or assign.
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 of the
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.
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 to
the approval of the final PUD plan or plat.
1.1 Anv amendment or dissolution of association. or related documents
must be approved bv the City 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 of time, 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 buildability shall include total gross acreage minus
parks. roadways. maior drainage and utility easements. and tvpe 3. 4 and 5 wetlands as
defined by the US Coms of Engineers pamphlet entitled. "10 Important Ouestions." US
Government Printing Office 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. and shall se eased 0R the net euiklal3le area (e1wlade street!)), e}wept taat
Density increases of up to five (5%) percent (~ 15% maximum total) may be allowed
for each category listed below 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.
4
a. Provide trails. parks. or other recreational facilities above and
bevond minimum park or trail dedication requirements that are
accessible to the general public. Sign-ifieaa.t anaeyelefled eommOB
oreB Si3ase.
b. Provide additional significant high quality open space above and
bevond minimum dedication requirements. SigBifieant iffiflrOY0d
eommOB opeB spase.
c. 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. DistiHsti'.'ElRess and
e~"i10lleJE.ee iB SElttiRg desigB aRd laa.aseapiBg.
d. /\rehiteetHral style aRa overall a13flearaa.se aa.d eompatibility of
iRdi yiaual btaildiags te ether site elemeets or t8 sllffeWldiRg
de'lels13FE.@Rt.
The burden for iustifying a density increase rests 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.1 0, 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. Citv 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 phases so as to ensure that it will not cause an
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,
5
the Platting and Subdividing Ordinance, unless otherwise approved by the City
Council.
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 of the particular site maintenance, the
architectural characteristics ofthe proposed structures and the overall scheme of
the PUD.
15. Special Requirements and Standards.
a. Residential Planned Unit Developments (Densitv 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 of frontage on ~ the-
~ publiclv dedicated and maintained right-of-way and be a
minimum of two (2a.) acres.
2. Yards.
a. The front and side yard restrictions at the periphery
ofthe PUD site shall, at a minimum, be the same as those
required in the zoning district.
b. No building shall be located less than fiFteeR (15')
twentv (20) feet from the back of the curb line. alel'lg these
streets i'..hie1:1 Me part eft1:1e pri'iate iHterRal 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 ofthe two (2) buildings.
El. N e 13l:1ilEliags s1:1all13e leGated !'leMer than i-ts
building 1:1eight t8 the rear aHEl siEle property liRes.
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 of frontage on the poolie
a publiclv dedicated and maintained right-of-way and be a
minimum of two (2a.) acres.
6
2. Yards.
a:- The front and side yard restrictions at the periphery
ofthe PUD site shall, at a minimum, be the same as those.
required in the zoning district.
b. No builEliag shall be leeateEl Bearer than its 8l:lilding
height to the rear and siEle 13reperty liFl:es.
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. DevelopmeBts abwiFlg a resiEleFltial Gistrist shall
be sereened ana laRElseaJ'lea iB eernpliaflse v.'ith the ZoHiag
Oraiaafiee and other aflfJlieable repllatieBs. Additional
consideration shall be taken to screen existin@: residences.
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 of frontage on the J'l1::ll:llie
a publiclv dedicated and maintained 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 bailEliag shall eEl leeated Flearer than its baildiIlg
height to the rear and side J'lrsJ'lerty liBes.
3. Landscaping, Surfacing and Screening.
7
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 area 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.
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.
il.., PUD Credit of Site Improvements. In order to obtain PUD credit for site
improvements including but not limited to trails. parks. landscaping. etc.. the
improvements must be constructed as a part of the initial phase or the costs must
be escrowed as determined bv Citv 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.
8
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112B
AN ORDINANCE AMENDING ORDINANCE NO. 112, REGULATING
PLANNED UNIT DEVELOPMENTS (PUDs) IN THE CITY OF ANDOVER.
The City Council ofthe City of Andover hereby ordains as follows:
Ordinance No. 112 is hereby amended as follows:
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. A 2/3rds vote of all City Council members shall be required to
approve a special use permit for a planned unit development. .
All other sections of this ordinance shall remain as written and adopted by the City
Council of the City of Andover.
Adopted by the City Council on this 21st day of November, 2000.
ATTEST:
CITY OF ANDOVER
~ d..-tu
Victoria V olk, City Clerk
. e. )??e..-