HomeMy WebLinkAboutOrd. 298 - Planned Unit Developments
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 298
AN ORDINANCE AMENDING CITY CODE TITLE 13-3 PLANNED UNIT
DEVELOPMENTS AND DEFINITIONS 12-2
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS
FOLLOWS:
Title 13 -- Chapter 3. PLANNED UNIT DEVELOPMENT (POO).
13-3-1 Purpose. The purpose of PUD is to encourage more efficient allocation of density and intensity of
land use where such arrangement is desirable and feasible bv providing the means for greater creativity
and flexibility in environmental design than provided under the strict application of the City Code. It
must be demonstrated to the satisfaction of the City Council that a higher Qualitv development will result
than could be otherwise achieved through strict application of the City Code.
13-3-2 Utilization ofPUD. Planned Unit Development (PUD) regulations mav be allowed bv the City
Council to be applied andlor utilized for all developments including the following: townhomes, single and
two-familv homes (both urban and rural), apartment proiects, multi-use structures, commercial
developments, industrial developments, mixed residential and commercial developments and similar
proiects.
13-3-3 POO Concept Review. Anv person or persons who mav applv for a PUD mav request a concept
review with respect to land which mav be subiect 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 reviews shall follow the Sketch Plan procedures provided in
City Code 11-2-1.
13-3-4 Uses. Planned Unit Developments shall be required to conform to the permitted and conditional
uses set forth in Chapter 12 pertaining to the applicable zoning district.
13-3-5 Density. The density of residential developments shall be required to conform to the applicable
Land Use District.
13-3-6 Zoninl!: and Subdivision Standards and Requirements. All standards and provisions relating to
an original zoning district shall apply. unless otherwise approved as a part ofthe PUD. All standards mav
be modified or waived provided the applicant demonstrates harmonv with the purpose ofPUD and the
findings described in City Code 13-3-9.
13-3-7 Approval Process. An applicant for a PUD shall submit in the application all of the material
required bv this Chapter. Each PUD requested must adhere to the following process:
A. Permitted and conditional uses shall follow the conditional use permit procedures provided in Citv
Code 12-15-6 to establish the development standards for the PUD. These uses shall also complete the
Commercial Site Plan process once the planned unit development has been approved.
B. Applications involving the subdivision of/and shall complete a preliminarv and final plat under the
procedures provided in Title II Subdivision Regulations ofthis code.
13-3-8 Fees and Costs. Applications for a PUD shall be filed at the office of the City Planner along with
a non-refundable application fee for the approval process specified in City Code 13-3-3 and 13-3-6 in the
amount established bv the City Council bv resolution, to defrav administrative costs.
13-3-9 Findinl!s Required. In order for a PUD to be approved, the City shall find that following are
present:
A. The proposed development is not in conflict with the goals of the Comprehensive Plan of
the City.
B. The proposed development is designed in such a manner as to form a desirable and unified
environment within its own boundaries.
C. The proposed development demonstrates how each modified or waived requirement contributes to
achieving the purpose ofPUD.
D. The PUD is of composition, and arrangement that its construction, marketing, and operation are
feasible as a complete unit without dependence upon anv subsequent unit.
13-3-10 Revisions and Amendments. Administrative approval of minor changes in the PUD mav be
authorized by the City Planner upon review and approval bv ARC. Changes in uses or
development/design standards must be submitted for a full pubic hearing review process.
13-3-11 Desirable PUD Desil!n Oualities. The following design qualities will be sought in anv PUD:
A. Achieves efficiencv in the provision of streets and utilities and preserves area to achieve the elements
of design qualities described in this Chapter.
B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are
anticipated to be a part of the proposed development.
C. Provides a buffer between different uses, adiacent properties, roadwavs, between backvards of back-
to-back lots.
D. Preserves existing stands of trees andlor significant trees.
E. Provides considerable landscaping treatments that compliment the overall design and contribute
toward an overall landscaping theme.
F. Preserves significant usable space on individual lots or through the provision of open space within the
development.
G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative
street lighting. decorative mailbox groupings. retaining walls, boulders, fencing, area identification signs,
etc.
H. The proposed structures within the development demonstrate quality architectural design and the use
of high quality building materials for unique design and detailing.
1. The lasting Quality of the development will be ensured bv design. maintenance and use guidelines
established through an owners association.
13-3-12 Approval of Planned Unit Development. The developer must demonstrate that the amenities
and qualities of the Planned Unit Development are beneficial and in the public interest to allow the
development to be approved. A substantial amount of the design qualities identified in Section 13-3-11
shall be found to be present in order to approve a PUD. The amount of amenities and type of Qualities
that constitute an acceptable PUD are at the sole discretion of the City Council to determine.
12-2-2 Definitions. A Planned Unit Development (PUD) is a development with alternative development
standards approved bv the City Council to create a higher Quality development than might otherwise be
achieved through the strict application of the City Code. The PUD is an overlav to the original zoning
district; and the use of PUD allows the development to waive or modify the standards of the original
zoning district.
13 31: PURPOSE:
This chapter is iatended to proyide for the permitted flexibility of site design and architecture for
the eonservation of land and open space through clusteriag of buildings and activities. This
fle~dbility CaR be aehie'/ed by waiving or '/arying from the provisions oHide 12 of this code,
iRehlding lot sizes, setbaeks, heights and sim.ilar regulations, while at the same time preserving
the health, safety, order, conyeniea.ee, prosperity and geReral vfelfare of the eity aRd its
inhabitants. Pl8:lllied unit developments shall accomplish all of the followia.g:
.\. .A.:ttaining a higher staRdard of site desigR and development that eannot be accomplished under
strie-t adherence to deyelopmern ordiaance pro'/isions.
B. The preservation and enhancement of desirable site characteristics such as natural topography,
woodlands geologic f-catures and the preyention of soil erosion.
C. A more efficient use orland resHltiRg in smaller net'Norlcs of utilities aRd streets thereby
lmvering the developmeB:t eosts and publie iB:vestments.
D..^. development pattera. iR harmony with the .AJ'ldover eomprehensi'.'e plan. (PUD is not a
means to vary applieable planning and z0nia.g principles.) (.A.mea.ded Ord. 112, €i 4 1996)
13 3 2: DESCRIPTION:
Planned llRit developments (PUDs) shallinelude all developments hayiRg two (2) or more
principal uses or swctllres OR a single parcel of land, which shall ia.clude tmvnhouses, single
and two family homes, apartment projects involying more than one building, residential
sl:lbdi'/isions submitted under density zoning pro'lisioRs, multiuse structures, such as aR
apartment building '.'lith retail at ground floor level, eommereial developments, ia.oostrial
de'/elopments, mixed residential and commercial de'/elopm.erns and similar projects. (.^.mended
Ord. 112, 6 4 1996)
13 3 3: ZONINC DISTRICT SUPPLEMENT:
A planned unit de'/elopment (PUD) district is sl:lpplementary to a zoning district withill. or
eaeompassing all or a pElrtion of oIle or mElre original distrie-ts ill. accordance '.'lith the provisions
. a h . a'" l4S A a' h' h h ".. 1 a' t . t"
ofthIS ehapter an t e ZORlRg or Illance . ..s use III t IS C apter, t e term ongma IS nc
shall mean a ZOHill.g district as described ill. title 12 of this code. (f.mended Ord. 112,6 1 1996)
13 3 i: CENER..A1L REQUIREMENTS .A1ND STf1ND.\RDS:
.t\.. O'.'mership: ;\n application for PUD appro'/al must be filed by the lando'Nner or jointly by all
lando'.'mers of the property included in a projec-t. The application and all sHbmissions lffilst be
direeted to the developmell.t ofthe property as a unified whole. In the case of multiple
ovmership, the approved final plan or plat shall be binding on all o'Nners.
B. Consistency With Other PrElvisions:
1. Comprehensive Plan: The proposed PUD shall be cORsistent '.vith the f..ndover
comprehensi'/e land lise plan.
2. Sanitary Se';ver Plan: The proposed PUD shall be consistent with the f..ndover
comprehensi'/e se'.ver plall. when applicable.
3. City Ordinances: The proposed PUD shall be cOFwistent with the intent and fmrpose of city
ordinance provisions relating to land use, subdivision and development.
C. Opell. Space .A..nd Service Facilities:
1. Common open space at least to meet the miniB.'IHfR density requirements established by the
eity shall be pfOvided within the area of the PUD, except as pro'/ided in subsection D of this
section.
2. Vlhenever and wll.ere'/er common opeH space or service faeilities are provided ',vithin a
PUD, the PUD shall eontain provisions to assl:lfe the continued preservation, operation and
mainteaance of sueh open space and service facilities to a predetermined reasoRable
standard. Common open space ffil:d service facilities ',vithin the PUD may be placed under the
ovmership of Elne or more of the followill.g, as approved by the city cOl:lncil:
a. Dedieated to public, where a community-. vide use is anticipated, and the city council
agrees to accept the dedica-tioR.
b. Property o'..'Iners' association, provided all of the following conclitions are met:
(1) Prior to the use or oceupancy or sale or the execution of eoffiracts for sale of an
individual building unit, parcel, tract, townhouse, aflartment, or common area, a
declaration of eovenants, conditions and restrictions or an equivalell.t document shall be
filed with the city. Said filing with the city shall be made prior to the filing of said
declaration or document with the recording officer of the COURty.
(2) The declaration Elf covenants, conditioas and restrictions or equivaleHt doewnent
shall specify that deeds, leases or documents of conveyance aff-ectill.g btlildings, units,
pareels, tracts, to'sillouses, or apartments shall subject said properties to the terms of
said deelara-tion.
(3) The declaration of covenants, eoeditions and restrictions shall provide that an
ovmers' associatioR shall be formed and that all o''\'flers shall be members of said
association v{hich shall maintain all properties, private infrastrucmre and common areas
in good repair lllid 'shich shall assess er charge indi'/idual property o'.vners
proportionate shares of joint or common costs. This declaratioR shall be subject to
review and approval by the city attorney prior to the recording ofthe final plat. The
intent ofthese requiremems is to protect the property '{alues of the iedividual o'.\'flers
through established pri'{ate eantrol.
(1) The deelaration shall additioeally, among other things, pro'iide that in the event the
associatioR fails to maintain properties in accordaflce with the applicable eO'ienants,
rules and regulations efthe eity or fails te pay taJws or assessments on properties as they
become due; and in the e'/ent the city iecl:H's any expenses in enforeing its rules and
regl:1lations, 'shich said elCpenses are not immediately reimbffi'sed by the association,
then the eity shall have the right to assess each property with interest thereon and costs
of collection which shall be a lien on each property against '::hich each such assessment
is made.
(5) Membership of the association shall be mandatery f-or each owner and any
sueeessive O'lt'fler, teeant or assign.
(6) The open space restrictions shall be permanent and not for a gi'/en period of time.
(7) The association must be responsible for liability insuranee, local taxes and the
maintenance of the open space facilities deeded to it.
(8) Property o':.'fler ffi1:lst pay the pro rata share of the eost of the association by means of
an assessment to be levied by the assoeiation whieh meets the reqwrements 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 bylaw" and rules of the association and all covenants and restrietions to be
recorded must be approved by the city emmcil prior to the approval of the final PUD
p Ian or plat.
(11) l\ny amendment or dissolution of association or related docl:lffients ffi1:lst be
approved by the city council.
3. V/hen a PUD provides for commOR or publie epen spaee and is planned as a staged
development over a period of time, the total area of common or public open space or land
eserow security in any stage of dcvelopffiem shall, at a ffiinimUffi, bear the same relationship
to the total open space to be pro'/ided in the emire POO as the stages or units completed or
I:H'lder developmem bear to the entire PUD.
D. Density:
1. Net b1:lild ability shall inelude total gross aereage miffils parks, roadv/ays, major drainage
and utility easements, aRd types 3,4, aRd 5 wetlands as defined by the U.S. eorps of
engineers pamphlet entitled, "10 IHlflortant Questions", U.S. government printing office no.
1979 76& 929, or futUf'e revisions. The density of a PUD shall conform to the regulations of
the zoning district in which the laRd and project are located. Density increases of up to five
percent (5%) (15 percent maximum total) may be allowec! for each category listed belo's at
the discretion of the city council, as an incenti'le for the deT/eloper to include the follov.i.ng
features hereby determined to be a benefit to the l'H:lblic:
a. Provide trails, parks, or other recreational facilities above and beyond minimum park or
trail dedication requirem.eflts, that are accessible to the general public.
b. Provide additional significant high C):1:laEty open space above and beyond minilnl:lm
dedication requirements.
c. Incorporate higher quality design elements including, but not limited to, housing
materials, landscaping and streetseaping. lJl design elements lnl:lst be lIDiform and
compatible to the surrounding buildings aRd landscape.
d. The burden for justifying a c!ensity increase rests with the applicant.
2. Vlheflever a PUD is to be developed in stages, the deflsity of the stages, when totaled, shall
not e~cceed the proposed residential density oUhe entire PUD. The city may reqwre a
developer to record a restrictive cOT/enant in favor oUhe city to enS\:lfe that all stages or
phases will be de'/eloped within the overall density for the entire PUD.
E. Utilities:
1. .^Jlutilities shall conform to the desigR standards of title 11 of this code and other
applicable design staRdards on file '",ith the city. lJll:ltilities, iRduding, bm: not limited to,
telephone, electricity, gas, and telecable shall be iRstalled underground.
2. lJl city utilities induding water, saaitary se''\'er, storm sewer aRd streets shall be designed,
installed and maintained by the city in conformance '.vith all city standards aHd practices.
Utility easements shall be dedicated as reC):1:lired by the city.
F. Urban Development l.nd l.'/ailability Of Pub lie Serviee: lJl development shall be carefully
phased so as to enS\:lfe that it '."ill not cause an unreasoRable burden upon the city in
providing services and utilities or cause a deleterious impact upon the flatural en'/ironment.
G. Streets l...nd Site Improvements: lJl streets aRc! site improvements shall meet the design
standards and reg1:llations contained in title 11 of this code, unless otherwise approved by the
city council.
H. Landscaping: In any PUD, laHdscaping shall be proviaed aceordiflg to a plan approved by the
city council, which shall indude a detailed plaRting list with sizes aRd species indicated as a
part of the final plan. In assessin the lemd
~~:rn::s ~r th~ partiel:llar site, taeg arehitect:~:r::;;;;t th~ ;ity c~uneil shall eonsider natl:H'al
o . era sc eme of the PUD. ens ICS 0 the proposed structl:H'es and
I. Special Requirements /.I.nd StEffidards:
1. Residential Plar.ned Unit D " 1
e. e opmeflts (Density ZORing):
a. Req-mred Frontage A nd ~ f . .
pf a a ... lllimum PrOject Size' +h tf
opose .Effi permit requested shall Bot h YO . e aet of!and for which a project is
OR a publicly dedieated and maintained ri;hte ~;~:. ~an two hun~r~d feet (200') of frofltage
.. a) Effid be a mmlffi1:lm oftnoe (')\
b. Yards: .. =7 acres.
(1 ~ ~he from and side yard restrict' .
mlmmum., be the same as those re;~s ~t.thehPenp~ery ?fthe PUD site shall at a
lfe m t e ZOfllng dwtriet. '
(2) No tH:1ilding shall B I
lffie.: e oeated less thaR twenty feet (20') fi th B
. rom e ack ofthe curb
~~to ,buildiBg within the projeet shall be I t a
a (1. 2) the sum of the building heights ofet~a ~nonearer t? B?other building than one
e ..0 (2) bmldmgs.
2. Commereial Or Industrial Planned Unit D YO 1
e.e opments:
a. Required FreRtage A Rd ~".. . .
a .. .mmanum Project S' . +h
propose .and permit req1:1ested shall Ret a YO :ze'th e tract of land for whiea a project is
on a pl:lbhely dedicated and maintained ri ahte o;~: . all. two hun~~d f-oot (200') of frontage
g ..a) aRd be a mlRlmum 0'<"""0 (')\
b '5{. . r<.. =7 acres.
'. .ards. The front and side yard restri . .
mmmmm, be the same as those require~t~~nt~ at the'pen~he~y oftae PUD site shall at a
e zonmg dwtnet. '
e. LaIl.dscaping, Surfacing /.Rd Screening:
(1) .A.ll areas distl:H"bed on the site eta th
Sh:~l be landscaped ill. compliance wi:~ th~ :at :o'lered by struetl:lres or hard sl:H'facing
or mances. ap ef and all other applieable city
(2) The entire site other tt..n~ +t... + +~1
. tt= tt1a... <ttfi:eR l:1fl BY st t
m accordall.ee with the standards on file ill. th ~~ ures or l~dseaping shall be sl:H'faeed
eo ce of the elty engineer.
(3) /.dditional consideratioR shall be tal
. EeR te sereeR existing residenees.
3. Mmed Use Planned U . t D YO
me. elopments:
a. Required Frontage A_A ~".. .
. .utt ...,.IRlffi1:lm Pf' t ".
proposed and perm't oJec ~lZe: The tract of! a B noh' .
.. a .""HoIy """"'~:;:."::.,=~:;':;: o~~ ":"" two ....:?" ;;,,;'(;';:;)a :r::.:' ,
..a) and be a mlllimum two (2) acres. g
b. Yards: The from and side yard restrictions at the periphery of the PUD site shall, at a
miniffililll, be same as those reqHired in the zoning distrie't.
c. Landscaping, Surfacing f.nd Screening: (1) f.ll areas disturbed on the site other than
that covered by structures or hard sl:lrfacing shall be landscaped in compliance with this
chapter and all other applicable city ordinances.
(2) The eRtire area other than that taken up by structures or landscaping shall be
s1:li'faced in accordance with the standares OR file in the office of the city engineer.
(3) De'telopmeRts abutting a resideatial district shall be screened and landscaped in
compliance with the zoning ordinance and other applicable regalations.
J. Sigas: Signs shall be regulated and conform to the standards se{ oat in section 12 14 9 of this
code. }\ll signs shall be sho':/ll on the final plan.
K. Special Protection Distric'ts: Planned unit developmems involving land within the floodplain,
shoreland management or scenic river districts shall be s1:tbject to the provisions of those
a' I' .a a' . +49-
or lRaflCeS regu atmg sm Istncts ---;
L. PUD Credit For Site Improvements: In order to obtain PUD credit for site improvements
inclading, but not limited to, trails, parks, landscaping, etc., the improyemems must be
construe'ted as a part of the initial phase, or the costs must be escrowed as de{ermined by city
council. (.\mended Ord. 112,6 4 1996)
13 3 5: ....APPLIC....ATION, REYIEW ....~~D ....ADMINISTR......TION:
The general sequeFlce for applicatioR, review and action on a PUD shall be the sam.e as platting a
property as specified in title 11 ofthis code. f. conditional use permit shall be required.
f.pplication for the conditional use permit shall be maee as specified in section 12 15 60fthis
code and shall be made in conjrme'tion with the filing of the preliminary plat application. f. two
thirds (2/3) vote of all city council members shall be reqHired to approve a conditional use permit
for a planned rmit developmems. (.^.menaed Ord. 112, 6 1 1996)
133 (): VIOL....ATION; PEN......LTIES:
f.. Violation.\ Misdemeanor; General Penalty: .A.ny person, firm or corporation violating any of
the provisions ofthis chapter shall be guilty of a misdemeanor ana, upon conviction thereof,
shall be punished as defined by state law.
B. Other Remedies: In addition to the penalties imposed by this chapter, the city may exercise,
with or separately from such penalties, all and any legalaRd eqHitable remedies then
available to the eity by this chapter, or by statute, or by other ordinances of the city, or by
applicable rules and regulations, to enforce this chapter, including, without limitation,
injunction. (.^.mended Ord. 112, e 41996)
Adopted by the City Council of the City of Andover this 4th day of August, 2004.
ATTE'tl> . /f ~.1 /
~I;~~ J Ur)I:.L/
Victoria Volk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 298 SUMMARY
AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS IN THE CITY OF
ANDOVER.
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in Minnesota
Statute 349.
Policy
The purpose of PUD is to encourage more efficient allocation of density and intensity of land use where
such arrangement is desirable and feasible by providing the means for greater creativity and flexibility in
environmental design than provided under the strict application of the City Code. It must be
demonstrated to the satisfaction of the City Council that a higher quality development will result than
could be otherwise achieved through strict application of the City Code.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions ofthis ordinance shall apply to the City of Andover
Enforcement
The City Administrator or hisfher designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation ofthe provisions ofthis ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk and the Rum River Branch of the Anoka County Library.
Adopted by the City Council of the City of Andover on this 4th day of August, 2004.
ATlfb tI.rIV
Victoria V olk, City Clerk