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HomeMy WebLinkAbout08/11/2021 P&Z Packet CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, August 11, 2021 6:30 p.m. Council Chambers Please be courteous and turn off all electronic devices during the meeting. AGENDA 1. CALL TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: July 14, 2021 5. OPEN MIKE 6. DISCUSSION ITEMS A. Zoning Ordinance Update Discussion – PUD, Planned Unit Development, Kendra Lindahl, Landform B. Project Updates 7. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike – The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair. • State your name and address for the record. • Please observe a 4-minute limit. • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more – groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice-Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. DRAFT MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:30 p.m. on July 14, 2021. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA The agenda was approved as presented. IV. APPROVAL OF MINUTES: Mr. Root made a MOTION to approve the June 9, 2021 meeting minutes. Motion was supported by Mr. Evenson. Motion carried 3 – 0. Mr. Wipperfurth and Mr. Vojtech abstained. V. OPEN MIKE Chair Tralle declared Open Mike at 6:32 p.m. There was no one present for Open Mike. Mr. Evenson made a MOTION to close Open Mike at 6:32 p.m. Motion was supported by Mr. Root. Motion carried 4 – 0. Chair Tralle abstained. VI. ACTION ITEMS A. Butler Addition Final Plat DATE: July 14, 2021 TIME STARTED: 6:30 P.M. TIME ENDED: 7:13 P.M. MEMBERS PRESENT: Paul Tralle (Chair), Michael Root, Neil Evenson, Isaac Wipperfurth, Nathan Vojtech MEMBERS ABSENT: Perry Laden, Jeff Reinert STAFF PRESENT: Michael Grochala, Katie Larsen, Kelsey Gelhar, Janele Waterman, Jessica Eller Planning & Zoning Board July 14, 2021 Page 2 DRAFT MINUTES Ms. Eller, Community Development Intern, presented the staff report. The applicant, Scott Butler, submitted a land use application for a final plat for Butler Addition. The applicant proposes to subdivide the existing parcel located at 7870 Meadow View Trail into two (2) single family lots for the purpose of constructing one (1) new single family home off of Lois Lane. The lot is 1.02 gross acres (44,400 sf). Staff recommended approval of the final plat for Butler Addition subject to conditions listed in the staff report. No comments were made by the Board. Mr. Root made a MOTION to recommend approval of the final plat for Butler Addition subject to conditions listed in the staff report. Motion was supported by Mr. Wipperfurth. Motion carried 4 – 0. Chair Tralle abstained. B. Huntson Addition Concept Plan Ms. Larsen, City Planner, presented the staff report. The applicants, Mike and Jennifer Ruhland, submitted a land use application for Concept Plan review. The proposed development is a subdivision of their 4 acre property located at 6149 Ware Road. They are proposing to subdivide the back portion of their lot into approximately 1.5 acres for the purpose of constructing one 6 unit townhome building and one two-family dwelling. Staff requested feedback from the Planning & Zoning Board. Board Comments Mr. Root commented although the property is guided for medium density, R-3 zone is not appropriate given the duplex and the townhomes do not meet the minimum base lot size requirements. Also, since the duplex does not meet the lot width requirement of 100 ft. for R-3, he suggested zoning the parcel R-2 and replacing the duplex with a smaller, single family home. He said constructing detached townhomes or cottage homes instead of the proposed townhomes would be more appropriate given the lot size. He explained the lot width requirement for a single family home is 60 ft., given the size of the lot, three single family homes with 55 ft. wide lots could be constructed if a PUD was granted. Overall, he stated constructing smaller, single family homes would blend better with the surrounding neighborhood and would be more appropriate given the lot size. Mr. Evenson agreed with Mr. Root. He commented there is too much building for the size of the lot. Planning & Zoning Board July 14, 2021 Page 3 DRAFT MINUTES Chair Tralle stated constructing a 24 ft. wide townhome with a 20 ft. wide garage is not acceptable. He recommended eliminating one of the townhouses and increasing the width of the remaining five townhomes. He also commented the width of the duplex is too narrow and does not meet the minimum base lot size requirement. He agreed with Mr. Root’s recommendation to construct a single family home instead of a duplex. He concluded, regarding the overall concept plan, there are too many homes proposed for the size of the lot. Applicant’s Comments Mark Bigelbach with SFDMG, LLC., 432 Vadnais Lake Dr., Vadnais Heights, MN 55127 representing the applicant, agreed with many of the Board’s comments. He said he wanted to present the concept to the Board as soon as possible in order to gather feedback. He assured the Board he and his team would address their concerns and assemble a quality project. He also stated a meeting with the surrounding neighborhood would be conducted in order to address any concerns with the project. Lastly, he thanked City staff for their assistance. Chair Tralle said the Board is not opposed to a new development, however, the size of the buildings and the concept need to be adjusted. He said the Board would be happy to discuss the project in depth once revisions have been made. VII. DISCUSSION ITEMS A. Project Updates Staff provided verbal updates to the Board on current City projects. VIII. ADJOURNMENT Mr. Root made a MOTION to adjourn the meeting at 7:13 p.m. Motion was supported by Mr. Evenson. Motion carried 4 – 0. Chair Tralle abstained. Respectfully submitted, Janele Waterman, Community Development Administrative Assistant 1 PLANNING & ZONING BOARD AGENDA ITEM 6A STAFF ORIGINATOR: Kendra Lindahl and Kevin Shay, Landform P & Z MEETING DATE: August 11, 2021 REQUEST: Zoning Ordinance Update CASE NUMBER: N/A APPLICANTS: City of Lino Lakes OWNERS: Multiple BACKGROUND On March 8, 2021, the City Council authorized Landform to update the City’s Zoning Ordinance and Zoning Map. This is one of the steps required to implement the 2040 Comprehensive Plan that was adopted by the City Council on November 9, 2020. On May 12, 2021, the P&Z Board kicked off this effort with a discussion of Planned Unit Developments (PUD). The P&Z Board had a robust discussion about the purpose and intent of PUDs and provided direction to staff about desired changes to the ordinance. On June 9, 2021, the P&Z Board reviewed the first draft of the changes to the general provisions section. P&Z provided input to staff about the proposed revisions to the ordinance. ANALYSIS A redlined version of the Planned Unit Development (PUD) section has been prepared which eliminates unnecessary language and inconsistencies in the document, better reflects City goals and makes the ordinance easier to read and understand. This initial round of edits is intended to provide significant content changes proposed for discussion. Staff will likely continue to make refinements as we work through the process. In the full draft expected to be presented to P&Z in December, there will likely be more significant formatting changes and additional refinements to the text. Staff will continue to highlight those changes as we move through the process. We have prepared a redlined version of the changes for review. The redlined documents are attached for your review and changes are shown in red for deleting the stricken material and adding the underlined material. Changes are shown in green for material that is moved within the document. The key changes to Section 1007.024 Planned Unit Development (PUD) include: 2 1. Eliminated the PUD by conditional use permit and requires them all to be done as a rezoning to the PUD zoning district. The rezoning to PUD creates a negotiated zoning district unique to the individual project and gives the City a higher level of discretion than a conditional use permit. The City has used this tool for mixed use projects like: a. Lyngblomsten where PUD flexibility allowed reduced structure setbacks along CSAH 49 and CR J (as envisioned by the Hodgson Road & County Road J Master Planning Study) in exchange for implementing the City’s Master Plan, redeveloping a blighted 20-acre site, and increasing buffers and separation from adjacent neighborhoods. b. Nature’s Refuge where PUD flexibility was granted for reduced right-of-way width, reduced front structure setbacks and reduced pavement width in exchange for minimizing impacts to rare and endangered species and wetlands and protections of 60% open space and wetlands. c. Watermark where PUD flexibility was granted from lot width/size standards and building design standards in exchange for upholding the City’s public values by creating a multi-functional open space greenway corridor integrated with the stormwater conveyance system, wetland management and trails when none exists today; providing life-cycle housing opportunities, creating a master planned community from 12 separate parcels, and creating a high amenity built environment. 2. Modifying the purpose and intent to be clearer and more concise. 3. Expanding the list of desired public benefits to be evaluated with PUDs. 4. Creating a table to identify base development guidelines by zoning district along with a reference to the base general provision standards. While staff historically has included this base zoning reference as part of the analysis and noted this district in the staff report, this change will provide more clarity. 5. Deleting unnecessary general requirements covered under other sections of the Zoning or Subdivision Ordinance. 6. Moving Rural Residential PUD requirements to the Subdivision Ordinance to allow it by right. These subdivisions will allow clustering of homes on smaller lots than would typically be allowed in exchange for preservation of at least 50% of the area as open space and compliance with additional conservation development standards. 7. Modifying the open space performance standards to clarify how it is calculated and designed in urban residential PUDs. 8. Creating a subsection for mixed-use PUD requirements which references the residential, commercial, and industrial PUD sections. 3 9. Creating an additional requirement for commercial and industrial PUDs to have harmonious and integrated design for all buildings in the development. 10. Added a requirement that the developer hold a neighborhood meeting prior to submittal of a PUD concept plan application. 11. Streamlined the submittal requirements to eliminate unnecessary requirements and referencing standards from other sections of City Code rather than repeating the standards. 12. Updating submittal procedures to match current city process. 13. Creating a process for plan modifications or amendments to a PUD. The P&Z Board should review the draft language and identify any questions or concerns. Any recommended changes will be included in a future draft for review. We are also proposing to create a section in the subdivision to allow rural conservation subdivisions that cluster the lots and preserve a minimum of 50 % open space. In order to incentivize this type of development, we will establish standards and allow the development to proceed by right with approval of a preliminary plat and final plat only. Staff will provide the draft language at a future meeting. SUMMARY This is a first draft of the most significant changes to the PUD section. Staff will continue to suggest additional revisions to format and content as we move through the ordinance revisions and will provide updates for Planning & Zoning Board review as we move through the process. The Planning & Zoning Board should review the draft changes recommended by staff and provide direction on any other desired changes. The direction will be incorporated into the full draft that will presented later this year. Our next meeting to review ordinance revisions is October 13th and we intend to cover revisions to the residential districts. RECOMMENDATION Provide direction to staff on the proposed PUD revisions. ATTACHMENTS 1. Administration (Section 1007.04) Clean Version 2. Administration (Section 1007.024) Redline Version 2-1 § 1007.024 PLANNED UNIT DEVELOPMENT (PUD). (1) The purpose of the PUD zoning district is to provide a district that grants flexibility from certain zoning regulations in order to achieve public benefits that may not otherwise be obtained under standard zoning regulations. It is further intended that PUDs are to be characterized by central management, integrated planning and architecture, a higher level of urban amenities, preservation of natural open space, and more economical efficient use of land. (2) The PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., may be considered by the City when it would result in one or more of the following public benefits: (a) Implementation of a master plan consistent with the Planning District objectives of the Comprehensive Plan. (b) Innovations in development that address growing demands for all styles of economic expansion, greater variety in lot size, configuration, home type, design, enhanced architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. (c) The preservation and enhancement of desirable site characteristics such as wildlife habitat, unique natural resources, existing vegetation, natural topography, geologic features and reduction of negative impacts on the environment. (d) A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. (e) An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. (f) A mix of land use types. (g) Provision of a housing type or target housing price that is desirable to the City; (h) Other public benefits as recognized by the City. (3) All permitted uses, permitted accessory uses, conditional uses, and uses allowed by administrative permit in all zoning districts shall be potentially allowable uses within a PUD district, provided they would be allowable on the site under the City’s Comprehensive Plan. (4) The standards outlined in the following City Code Sections serve as development guidelines within PUDs: PUD Land Use Development Guidelines low-density residential R-1, section 1007.090 R-1X, section 1007.091 2-2 R-2, section 1007.093 low-density mixed residential R-1, section 1007.090 R-2, section 1007.093 medium-density residential R-2, section 1007.093 R-3, section 1007.094 high-density residential R-4, section 1007.095 R-6, section 1007.096 planned residential / commercial R-4, section 1007.095 NB, section 1007.110 LB, section 1007.111 office residential R-2, section 1007.093 R-3, section 1007.094 NB, section 1007.110 LB, section 1007.111 GB, section 1007.112 signature gateway R-3, section 1007.094 R-4, section 1007.095 NB, section 1007.110 GB, section 1007.112 commercial NB, section 1007.110 LB, section 1007.111 GB, section 1007.112 town center R-4, section 1007.095 GB, section 1007.112 business campus GB, section 1007.112 LI, section 1007.121 industrial LI, section 1007.121 GI, section 1007.122 (a) The various setback, lot area, and height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in §1007.024(2) of this Ordinance. (b) The standards outlined in the General Provisions section of the Zoning Ordinance serve as guidelines, but may be departed from to accomplish the purposes described in §1007.024(2) of this Ordinance. (c) The aforementioned are guidelines only and not development standards. (5) General Requirements for a Planned Unit Development (PUD). (a) Public or common open space at least sufficient to meet the minimum requirements established in this Ordinance and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD. 2-3 (b) If a PUD includes provision of affordable housing, a specific housing type, or target housing price, details associated with the housing - including number of units, unit size, and price - shall be documented in a legally binding agreement approved by the City and recorded against the properties within the PUD. (c) If a PUD includes preservation of natural habitat, those habitats shall be permanently protected through a conservation easement or other legally binding agreement approved by the City and recorded against the properties within the PUD. (d) A common or homeowner’s association shall be established where appropriate to ensure on-going maintenance of infrastructure and public spaces, required restoration and management of natural areas, or other actions and activities specific to the PUD. (e) A residential PUD may include a variety of residential dwelling units, including, but not limited to single family and multifamily units as long as it complies with the density requirements. A non-residential PUD may include a variety of commercial and/or industrial uses. A PUD may also include a mix of residential and non-residential uses. (f) Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the City or granted through an easement. Management and maintenance of the public recreational areas shall be the responsibility of the City. (g) Street, Private. 1. Private streets within the project shall have an improved surface to twenty-six (26) feet or more in width and shall be so designed as to permit the City emergency vehicles to provide protection to each building. 2. No portion of the required private street system shall be used in calculating required off-street parking space or be used for parking. (h) As part of the PUD Final Plan/Final Plat approval, a Development Agreement and Planned Unit Development Agreement shall be prepared by the City. Prior to issuance of permits, the applicant, builder, or developer shall execute the Agreement. The Agreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning. (6) Urban Residential Planned Unit Development Requirements. (a) Urban residential PUDs shall be applied only to residential Zoning Districts served by municipal sanitary sewer and water. (b) The maximum allowable density within an urban residential PUD shall be consistent with the density directives of the Comprehensive Plan. (c) Open Space Performance Standards. 2-4 1. A minimum of fifty (50) percent of the gross land area shall be reserved as common open space for Townhomes. 2. Each open space lot or outlot shall be classified as natural habitat, neighborhood recreation, or trail corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification, as specified in Section 1001.099 of the Lino Lakes Subdivision Ordinance. 3. Common open space shall provide a unified landscape for the use and enjoyment of the neighborhood community and/or the general public. 4. Open space shall be exclusive of unit lots and driveways. Street rights-of-way, parking lots, and driveways shall be designed to maximize tree preservation, natural habitat, and wetland protection. 5. All open space shall be platted as lots or outlots held as open space in perpetuity. Outlots designated as Public trail corridors shall be conveyed by fee title or by easement. (d) Neighborhood Performance Standards. 1. To provide an identity and create a cohesive development pattern, residential units/buildings shall be oriented toward an identifiable feature which they have in common. Such identity may be accomplished by one or more of the following features: a. The neighborhood lots may be arranged such that a majority of the principal structures take visual advantage of a field, wetland, woods, lake, stream, or other open space which could be described as a view shed. b. The neighborhood lots may be arranged such that a majority of the principal structure will take visual advantage of a green, playground, ball field, rock outcropping, stand of trees, church, school, or other physical feature unique to that particular neighborhood. c. The neighborhood lots may be arranged such that the principal structures face a street space enhanced with landscaping, street trees, landscaped medians, sidewalks, trails, or other landscaping techniques appropriate to the City’s street design standards. (e) Yards. 1. The front, rear and side yard restrictions at the periphery of the PUD site shall be the same as imposed in the respective base districts. 2. Buildings shall maintain a minimum separation of ten (10) feet. (7) Commercial or Industrial Planned Unit Development Requirements. 2-5 (a) Commercial or Industrial PUDs shall be applied only to commercial or industrial zoning districts served by municipal sanitary sewer and water. (b) Open Space Performance Standards. 1. The PUD design shall result in greater landscaped pervious area than the base zoning district standard. 2. The PUD site design shall result in the protection of important natural features (e.g., wetlands, significant trees, water courses, slopes over twelve (12) percent). 3. The PUD design shall include extensive landscaping with an emphasis on streetscape, site entrances, and the perimeter of the building. (c) Commercial and industrial buildings shall comply with design standards of §1007.043(2)(d) of this Ordinance. A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, and open spaces. (8) Mixed Residential, Commercial and/or Industrial Planned Unit Development Requirements. (a) PUD’s including a mix of residential, commercial, and/or industrial uses shall follow the applicable provisions of (6) and (7) above. (9) Procedure for Processing a Planned Unit Development. (a) Prior to filing of an application for PUD, the applicant shall meet with the Community Development Department to generally describe the proposed PUD. The primary purpose of the conference is to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability o f the proposal and its conformity to the provisions of this Ordinance before incurring substantial expense in the preparation of plans, surveys and other data. (b) Prior to submitting a PUD Concept Plan application, the property owner/applicant shall hold a neighborhood meeting for informal comment and feedback. (c) PUD Concept Plan Application. 1. The PUD Concept Plan provides an opportunity for the applicant to submit an application and plan to the City showing the basic intent and the general nature of the entire development before incurring substantial cost. The evaluation of the Concept Plan shall include but not be limited to the following criteria: a. Overall maximum PUD density range. 2-6 b. General location of major streets and pedestrian ways. c. General location and extent of public and common open space. d. General location of residential and non-residential land uses with approximate type and intensities of development. e. A staging and time schedule of development. f. Other special criteria for development. 2. PUD Concept Plan Submission Information. a. The information required for all PUD Concept Plans shall be as specified in §1001.026 of this Ordinance. b. An aerial photograph at a scale of not less than one (1) inch equals one hundred (100) feet, depicting the proposed development of the subject property and all land within five hundred (500) feet and showing the precise location of existing streets. c. Schematic drawing of the proposed PUD including, but not limited to, the general location of major street and pedestrian ways, public and common open space, residential and other land uses. d. An estimate of the total number of dwelling and/or other units and a tabulation of the following land uses expressed in acres and as a percent of the total project area: i. Area devoted to residential and non-residential uses. ii. Area devoted to residential use by building or structure or use type. iii. Area devoted to common open space. iv. Area devoted to public open space. v. Area devoted to streets. vi. Area, and potential floor area, devoted to commercial uses. vii. Area, and potential floor area, devoted to industrial or office uses. e. If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD. f. If the PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. 2-7 3. The Community Development Department shall forward the Concept Plan submission to the City’s advisory boards and City Council at regularly scheduled meetings to solicit informal review and comment on the project’s consistency with the City’s Comprehensive Plan and development regulations. (d) PUD Preliminary Plan Application 1. The purpose of the PUD Preliminary Plan is to provide a master plan of the entire development upon which the Planning and Zoning Board will base its recommendation to the City Council. The PUD Preliminary Plan serves as a complete and permanent public record of the entire PUD and the manner in which it is to be developed. 2. Following review of the PUD Concept Plan, the applicant shall file with the Community Development Department a PUD Preliminary Plan, rezoning and preliminary plat applications. The PUD Preliminary Plan shall refine the PUD Concept Plan. 3. The Community Development Department shall forward the PUD Preliminary Plan submission to the City’s advisory boards and City Council for their consideration at a regularly scheduled meeting. 4. The evaluation of the proposed PUD Preliminary Plan shall include but not be limited to the following criteria: a. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public. b. A sufficient amount of useable open space is provided. c. The architectural design of the project is compatible with the surrounding area. d. The development is in compliance with the requirements of the Lino Lakes City Code except where modified by the PUD. 5. The PUD Preliminary Plan submission shall include but not be limited to: a. Information for Site and Building Review as specified in §1007.020 of this Ordinance. b. Information for Preliminary Plat as specified in §1001.041 of this Ordinance. c. Location, designation and total area of all common open space. d. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. 2-8 e. A tabulation of all land uses expressed in square footage and as a percent of the total project area. f. Identification of existing natural resource areas and the proposed method for protection and restoration of these areas. g. A written statement generally describing the proposed PUD, the market which it is intended to serve, its relationship to the City's Comprehensive Plan and how it is to be designed, arranged and operated. h. Where deemed necessary, a market feasibility study including an analysis of the proposals economic impact on the City. i. A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data. j. Such other information, either required as part of the Concept Plan review or as the Planning and Zoning Board, Community Development Department or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof. 6. A complete application for PUD Final Plan shall be submitted no later than one (1) year after the date of approval of the PUD Preliminary Plan, or a time as provided in the developer's agreement. Otherwise, the PUD Preliminary Plan approval shall be considered void, unless an extension, requested in writing and for good cause, is granted by the City Council. (e) PUD Final Plan Application. 1. The PUD Final Plan is to serve as a complete, and permanent public record of a specific stage or phase of the PUD Preliminary Plan and the manner in which that stage is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other provisions of the City Code as the land use regulation applicable to the PUD. 2. Upon approval of the PUD Preliminary Plan and within the time established, the applicant shall file with the Community Development Department an application and PUD Final Plan consisting of the information and submissions required by this Code for the entire PUD or for one (1) or more stages. The PUD Final Plan shall conform to the PUD Preliminary Plan in all respects, and shall be integrated as a coherent statement of the entire Plan. Appropriate cross-referencing and incorporation of recorded documents may be utilized. 3. After review of a PUD Concept Plan and approval of a PUD Preliminary Plan, the applicant will submit the following material for review by the City staff prior to issuance of a building permit: 2-9 a. A revised PUD Preliminary Plan and Preliminary Plat of the entire PUD incorporating all changes and conditions that were required. This revised preliminary plat will provide the historical record of the subdivision approval by which subsequent final plats shall be considered. b. Information for Final Plat as specified in §1001.056 of this Ordinance. c. Final architectural elevations, in color, of all principal and accessory buildings and structures (type, color, and materials used in all exterior surfaces). Typical floor plan and typical room plan drawn to scale with a summary of square footage by use or activity. d. Final engineering plans and specifications for streets, drainage, utilities and other public improvements e. Any other plans, agreements, or specifications necessary for the City staff to review the proposed construction. 4. The Community Development Department shall forward the PUD Final Plan and Final Plat submission to the City Council for their consideration at a regularly scheduled meeting. 5. The terms of the PUD as approved by the City Council shall be embodied in a Development Agreement and Planned Unit Development Agreement, and such other documents as the City shall deem necessary or desirable. The Development and PUD Agreement and any appropriate resolution of the City Council shall be filed with the Anoka County Recorder at the expense of the applicant. At the election of the City, filing of the PUD Preliminary Plan may be delayed until the PUD Final Plan is filed. Where the PUD Preliminary Plan is denied, Council action shall be by written resolution setting forth its findings and conclusions in support of its action. a. Within one (1) year after the approval of a PUD Final Plan, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall automatically render void, all approvals of the PUD plan unless an extension, requested in writing, is granted by the City Council. In such case the area encompassed within the PUD shall thereafter be subject to those provisions of the Zoning Code, and other Code provisions, applicable in the district in which it is located. (f) Plan Modification/Amendment of a Planned Unit Development. 1. Plan modifications/amendments qualifying as minor may be approved by the Community Development Director provided the changes do not involve the following: a. Increase in floor area of structure or number of dwelling units. b. Change in exterior building material. 2-10 c. Alteration of any condition attached or modification to the PUD Final Plan made by the City Council. 2. Substantial departures from the approved plans will require an amendment to the PUD and shall follow the same review procedure as a PUD Preliminary Plan. 2-11 THIS PAGE INTENTIONALLY LEFT BLANK 2-1 § 1007.024 PUD, PLANNED UNIT DEVELOPMENT. (PUD). (1) Purpose and Intent. The purpose of this section of the Zoning OrdinancePUD zoning district is to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This section is intended to introducea district that grants flexibility of site design and architecture for the conservation of land and open space through clustering of lots, buildings and activities, which promote the goals outlinedfrom certain zoning regulations in the Comprehensive Plan or serve anotherorder to achieve public purpose. benefits that may not otherwise be obtained under standard zoning regulations. It is further intended that planned unit developmentsPUDs are to be characterized by central management, integrated planning and architecture, joint and common use and maintenance of parking, open space and other similar facilities, and harmonious selection anda higher level of urban amenities, preservation of natural open space, and more economical efficient distributionuse of usesland. A residential conditional use permit PUD may include a variety of residential units, including single family and multifamily units as long as it complies with the density requirements. A non- residential conditional use permit PUD may include a variety of commercial and/or industrial uses. A PUD that includes a mix of residential and commercial/industrial uses must utilize the PUD zoning district as described in §1007.132 of this ordinance. (2) The PUD, by allowing deviation from the strict provisions of this Ordinance related to setbacks, heights, lot area, width and depths, yards, etc., by conditional use permit or a mixture of uses by rezoning to a PUD District, is intended to encouragemay be considered by the City when it would result in one or more of the following public benefits: (a) A development pattern in harmony with theImplementation of a master plan consistent with the Planning District objectives of the Comprehensive Plan. (b) Innovations in development that address growing demands for all styles of economic expansion, greater variety in lot size, configuration, home type, design, enhanced architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. (c) The preservation and enhancement of desirable site characteristics such as wildlife habitat, unique natural resources, existing vegetation, natural topography and, geologic features and reduction of negative impacts on the prevention of soil erosionenvironment. (d) A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. (e) An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. (f) PromotionA mix of land use types. 2-2 (g) Provision of a housing type or target housing price that is desirable and creative environment that might be prevented through the strict application of to the City; (h) Other public benefits as recognized by the City. (3) All permitted uses, permitted accessory uses, conditional uses, and uses allowed by administrative permit in all zoning districts shall be potentially allowable uses within a PUD district, provided they would be allowable on the site under the City’s Comprehensive Plan. (4) The standards outlined in the following City Code Sections serve as development guidelines within PUDs: PUD Land Use Development Guidelines low-density residential R-1, section 1007.090 R-1X, section 1007.091 R-2, section 1007.093 low-density mixed residential R-1, section 1007.090 R-2, section 1007.093 medium-density residential R-2, section 1007.093 R-3, section 1007.094 high-density residential R-4, section 1007.095 R-6, section 1007.096 planned residential / commercial R-4, section 1007.095 NB, section 1007.110 LB, section 1007.111 office residential R-2, section 1007.093 R-3, section 1007.094 NB, section 1007.110 LB, section 1007.111 GB, section 1007.112 signature gateway R-3, section 1007.094 R-4, section 1007.095 NB, section 1007.110 GB, section 1007.112 commercial NB, section 1007.110 LB, section 1007.111 GB, section 1007.112 town center R-4, section 1007.095 GB, section 1007.112 business campus GB, section 1007.112 LI, section 1007.121 industrial LI, section 1007.121 GI, section 1007.122 2-3 (f)(a) The various setback, lot area, and subdivisionheight regulations of the most closely related conventional zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purposes described in §1007.024(2) of this Ordinance. (b) The standards outlined in the General Provisions section of the Zoning Ordinance serve as guidelines, but may be departed from to accomplish the purposes described in §1007.024(2) of this Ordinance. (c) The aforementioned are guidelines only and not development standards. (2) General Requirements and Standards for a PUD. (a)(5) Ownership. An application for PUD approval shall be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions shall be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved Planned Unit Development (PUD shall be binding on all owners.). (b) Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. (c)(a) Public or Common Open Space. Public or common open space at least sufficient to meet the minimum requirements established in this Ordinance and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD. (d) Operating and Maintenance Requirements for PUD Common Open Space/Facilities. Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following: 1. Landlord – Tenant. Landlord control, where only use by tenants is anticipated. 2. Owners. Property owners association, provided all of the following conditions are met: a. Declaration of Covenants and Conditions. Prior to the use, occupancy or sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document, as specified by the Minnesota Common Interest Ownership Act set out in Minnesota Statutes, Chapter 515B and a set of floor plans, as specified by Minnesota Statutes, Chapter 515B shall be filed with the City of Lino Lakes, said filing with the City to be made prior to the filings of said declaration or document or floor plans with the recording officers of Anoka County, Minnesota. b. Open space may be owned in common by the property owners created through subdivision of the original tract. Management shall be the responsibility of that 2-4 subdivision’s homeowner association. In the case where at least one (1) open space is held in common ownership, a homeowner association shall be established for that subdivision. Membership in the association by all property owners in the subdivision shall be mandatory. The homeowners association documents or the declaration of covenants, conditions and restrictions shall be submitted as part of the preliminary plat application and shall contain the following information: (b) If a PUD includes provision of affordable housing, a specific housing type, or target housing price, details associated with the housing - including number of units, unit size, and price - shall be documented in a legally binding agreement approved by the City and recorded against the properties within the PUD. (c) If a PUD includes preservation of natural habitat, those habitats shall be permanently protected through a conservation easement or other legally binding agreement approved by the City and recorded against the properties within the PUD. (d) A common or homeowner’s association shall be established where appropriate to ensure on-going maintenance of infrastructure and public spaces, required restoration and management of natural areas, or other actions and activities specific to the PUD. (e) A residential PUD may include a variety of residential dwelling units, including, but not limited to single family and multifamily units as long as it complies with the density requirements. A non-residential PUD may include a variety of commercial and/or industrial uses. A PUD may also include a mix of residential and non-residential uses. i. The legal description of the common lands or facilities. ii. The restrictions placed upon the use and enjoyment of the lands or facilities including the persons or entities entitled to enforce the restrictions. iii. A mechanism for resolving disputes among the owners or association members. iv. A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes, and insurance premiums. v. The conditions and timing of the transfer of ownership and control of land or facilities to the association or to common ownership. c. Natural Habitat. Open space may be deeded to an established land trust, a government agency, or non-profit organization. Management shall be the responsibility of the land trust or non-profit organization. Maintenance may be performed by the neighborhood homeowner association, through written agreement between the association and the land trust or non-profit organization. i. Open space may be protected by establishing conservation easements in perpetuity in favor of an established land trust or non-profit organization as provided in 2-5 Minnesota Statutes 84.64 – 84.65. Unless the document establishing the restrictions specifically provides to the contrary, the City shall have no responsibility for the maintenance or management of the area subject to the restrictions. The form and content of the deed or other instrument establishing the restrictions must be approved by the City prior to the execution and delivery thereof. Notwithstanding any provision of this Ordinance to the contrary, the City may, in cases where conservation restrictions are utilized to meet open space dedication requirements of this Ordinance, waive the requirement that the area subject to the restrictions be platted as a separate outlot. ii. Stormwater drainage systems located within open spaces or the residential lots shall be covered by utility and drainage easements dedicated on the final plat to the City. d.(f) Neighborhood Recreational and Trail Corridor. Recreational open space or trail corridors intended as public parks or public trails shall be dedicated to the City. or granted through an easement. Management and maintenance of the public recreational areas shall be the responsibility of the City. 3. Staging. When a PUD provides for common or public open space, 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. (e) Utilities. 1. Underground. All utilities serving a two family and townhome development, including telephone, electricity, gas, and telecable, shall be installed underground. 2. Public Utility Service. Separate public utility services shall be provided to each unit unless exempted by the City Engineer. 3. Water Connections. Where more than one (1) property is served from the same service line, a shut off valve must be located in such a way that each unit's service may be shut off and secured by the City, in addition to the normally supplied shut off at the street. 4. Sewer Connections. Where more than one (1) unit is served by a sanitary sewer lateral which exceeds three hundred (300) feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner. (f)(g) RoadwaysStreet, Private. 1. Design. Private roadwaysstreets within the project shall have an improved surface to twenty-six (26) feet or more in width and shall be so designed as to permit the City fire trucksemergency vehicles to provide protection to each building. 2. Parking. No portion of the required private roadstreet system mayshall be used in calculating required off-street parking space or be used for parking. 2-6 (g)(h) As part of the PUD Final Plan/Final Plat approval, a Development Agreement. Prior to a rezoning or the issuance of a building permit as part of and Planned Unit Development, the permit, Agreement shall be prepared by the City. Prior to issuance of permits, the applicant, builder, or developer shall execute and deliver to the City Council a development agreement.the Agreement. The agreementAgreement shall detail all use restrictions and required on and off-site improvements conditional to the PUD rezoning or CUP approval. The agreement shall provide for the installation within one (1) year of the off-site and on-site improvements (exclusive of building permit) as approved by the City Council, secured by a cash escrow or letter of credit in an amount and with surety and conditions satisfactory to the City, to insure the City that such improvements will be actually constructed and installed according to specifications and plans approved by the City as expressed in such agreement. (6) Urban Residential Planned Unit Development Requirements. (a) Urban residential PUDs shall be applied only to residential Zoning Districts served by municipal sanitary sewer and water. (b) The maximum allowable density within an urban residential PUD shall be consistent with the density directives of the Comprehensive Plan. (c) Open Space Performance Standards. (3) Rural Residential Planned Unit Development Requirements. (a) Purpose. It is the intent of this section to establish special requirements for the granting of a conditional use permit for rural (without City water or sanitary sewer) residential conservation subdivision PUD project in order to promote: 1. Preservation of productive land for agricultural use. 2. Preservation of wildlife habitat and unique natural resources. 3. Reduction of negative impacts on the environment. 4. Creation of common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and/or the general public. 5. A variety of rural residential lot sizes, configurations, and neighborhoods. (b) Application. Rural residential planned unit development shall be applied only outside of areas guided for City water and sanitary sewer (Stage 1 and Stage 2 growth areas) as identified within the Comprehensive Plan. (c) Densities. 2-7 1. Subdivisions served by independent sewage treatment systems shall not exceed four (4) units per forty (40) acres. 2.(a) Subdivisions served by a MPCA approved community sewer system shall not exceed eight (8) units per forty (40) acres. (d) Open Space Performance Standards. 1. Open Space Area Regulations. a. A minimum of fifty (50) percent of land subdivided for development shall be dedicated to common open space. b.1. All designated open spacethe gross land area shall be platted as outlot parcels held as open space in perpetuity. Public trail corridors shall be dedicated as park land.reserved as common open space for Townhomes. c.2. Each open space lot or outlot shall be classified as natural habitat, neighborhood recreation, or trail corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification, as specified in Section 1001.099 of the Lino Lakes Subdivision Ordinance. 3. Location Criteria. Common open space shall provide a unified landscape for the use and enjoyment of the neighborhood community and/or the general public. 2. Open space outlots shall be located on the development site accordingexclusive of unit lots and driveways. Street rights-of-way, parking lots, and driveways shall be designed to the following locational criteria: a.4. Natural Habitat. The development shall preservemaximize tree preservation, natural habitat in a contiguous, connected configuration. Natural habitat open spaces may include, but are not limited to, fields, wetlands, slopes, bluffs, dense woods, lakes, ponds, streams, shorelands, and other environmentally sensitive areas or desirable view sheds, and wetland protection. b. Trail Corridors. The development shall locate trail corridor open spaces in strategic places such that largerAll open space shall be platted as lots or outlots andheld as open space in perpetuity. Outlots designated places of destination both on the development tract and adjacent tracts are connected with one another. Trail corridor open spaces may include, but are not limited to, established regional trails, local pathways, paved walkways, and shorelines. as Public trail corridors shall be a minimum of twenty (20) feet in width. c. Neighborhood Recreation. The development shall locate neighborhood recreation open spaces such that they are an integral part of the neighborhood of surrounding homesites, at an elevation appropriate to their intended recreational use, definedconveyed by coherent boundaries, and accessible to all neighborhood residents. Neighborhood recreation 2-8 open spaces may include, but are not limited to, greens, commons, playgrounds, ball fields, gardens, or other recreational areas. d. Public Open Space Accessibility. Open spaces dedicated to the public shall be accessible to pedestrians at no less than one thousand two hundred (1,200) foot intervals along public roadways. Where necessary, pedestrian access corridor outlots between private lots shall be at least twenty (20) feet in width. e.5. Open Space Ownership and Management. Each designated open space area shall be owned and managed in accordance with standards in Section 1001.099 of the Lino Lakes Subdivision Ordinancefee title or by easement. (e)(d) Neighborhood Performance Standards. 1. Neighborhood Configuration. a. In order to establish a cohesive neighborhood unit, residential lots shall be located in a neighborhood cluster. A neighborhood cluster shall include a minimum of four (4) lots or twenty-five (25) percent of the allowable number of lots on the parcel to be subdivided, whichever is greater. An efficiency of land utilization and community development should be encouraged by maximizing the number of lots in any one cluster development, while adhering to the underlying density and open space requirements of this Ordinance. b. A neighborhood cluster shall be oriented toward an identifiable feature which all residential units share in common. Neighborhood identity may be accomplished by one or more of the following features: i. View Shed. The lots of a neighborhood may be arranged such that a majority of the principle structures will take visual advantage of a field, wetland, woods, lake, stream, or other open space which could be described as a view shed. ii. Physical Amenity. The lots of a neighborhood may be arranged such that a majority of the principle structures will face a green, playground, ball field, rock outcropping, stand of trees, church, school, or other physical feature unique to that particular neighborhood. iii. Streetscape. The lots may be arranged such that the principle structures will face a street space enhanced with landscaping, street trees, boulevards, medians, or other landscaping techniques appropriate to the City’s street design standards. 2. Lot Area. a. Lots served by individual sewage treatment systems (ISTS) shall have a minimum of one (1) acre of buildable land area capable of accommodating the principle dwelling, accessory buildings, and two (2) individual soil treatment systems (drainfields). b. Lots served by a MPCA approved community sewage treatment system shall have a minimum lot area of twenty-five thousand (25,000) square feet of buildable land. 2-9 c. No individual single family lot may exceed five (5) acres in size. 3. Minimum Lot Width. a. ISTS Lots. Two hundred (200) feet. b. Lots Served by a MPCA Approved Community Sewage System. i. Interior Lot. One hundred (100) feet. ii. Corner Lot. One hundred twenty-five (125) feet. 4. Setbacks. Setbacks shall be the same as those imposed in the applicable base zoning district. 5. Sewer Management. A report, prepared by a Minnesota Pollution Control Agency licensed designer, on the feasibility of individual sewage treatment systems (ISTS) and water systems on each lot or a community or shared sewage and water system serving the rural subdivision. The report shall follow Minnesota Rules Chapter 7080, as may be amended, and include soil boring analysis and percolation tests to verify report conclusions. For any development with a community sewage treatment system, the City shall require documentation that the property association shall be responsible for liability insurance and costs associated with the maintenance and operation of a community sewage treatment system. The City shall also require an agreement that if the association is not maintaining the system or the system is not operating properly, the City can undertake needed repair and maintenance and assess the property owners for the costs of such action. (4)(6) Urban Residential Planned Unit Development Requirements. (a) Purpose. It is the intent of this section to establish special requirements for the granting of a conditional use permit for an urban (with City water and sanitary sewer) residential conservation subdivision PUD project in order to promote: 1. Preservation of wildlife habitat and unique natural resources. 2. Reduction of negative impacts on the environment. 3. Creation of common open space that provides a unified landscape for the use and enjoyment of the neighborhood community and/or the general public. 4. A variety of urban residential lot sizes, configurations, and neighborhoods. (b) Application. Urban residential planned unit development shall be applied only within the City’s R-2, R-3, and R-4 Zoning Districts. 2-10 (c)(a) Densities. The maximum allowable density within an urban residential PUD shall be consistent with the density directives of the Comprehensive Plan. (d)(a) Open Space Performance Standards. 1. Open Space Area Regulations. a. A minimum of fifty (50) percent of land subdivided for development shall be reserved as common open space. b. Designated open space shall be exclusive of unit lots and driveways. Road rights-of-way, parking lots, and driveways shall provide an emphasis upon tree preservation, natural habitat, and wetland protection c. All designated open space shall be platted as outlot parcels held as open space in perpetuity. Public trail corridors shall be dedicated as park land. d. Each open space outlot shall be classified as natural habitat, neighborhood recreation, or trail corridor open space, and shall conform to the type of use, location criteria, and deed restrictions of that classification, as specified in Section 1001.099 of the Lino Lakes Subdivision Ordinance. (e) Neighborhood Performance Standards. 1. Identity. To provide an identity and create a cohesive development pattern, residential units/buildings shall be oriented toward an identifiable futurefeature which they have in common. Such identity may be accomplished by one or more of the following features: a. View Shed. The lots of a neighborhood lots may be arranged such that a majority of the principleprincipal structures will take visual advantage of a field, wetland, woods, lake, stream, or other open space which could be described as a view shed. b. Physical Amenity. The lots of a neighborhood lots may be arranged such that a majority of the principleprincipal structure will facetake visual advantage of a green, playground, ball field, rock outcropping, stand of trees, church, school, or other physical feature unique to that particular neighborhood. c. Streetscape. The neighborhood lots may be arranged such that the principleprincipal structures will face a street space enhanced with landscaping, street trees, boulevardslandscaped medians, sidewalks, trails, medians, or other landscaping techniques appropriate to the City’s street design standards. (f)(e) Yards. 1. Setbacks, Periphery. The front, rear and side yard restrictions at the periphery of the Planned Unit Development site at a minimumPUD site shall be the same as imposed in the respective base districts. 2-11 2. Setback, Front. No building shall be located less than twenty-five (25) feet from the back of the curb line along those roadways which are part of the internal street pattern. 3.2. Building Separation. Buildings upon the same lot shall maintain a minimum setbackseparation of ten (10) feet between buildings. 2-12 (g) Townhouses, cooperatives, condominiums shall comply with the design standards of §1007.018 (2)(b). (5)(7) Commercial or Industrial Planned Unit Development, CUP Requirements. (a) Commercial or Industrial PUDs shall be applied only to commercial or industrial zoning districts served by municipal sanitary sewer and water. (a) Open Space Performance Purpose. It is the intent of this section to further the directives of §1007.001 and establish special requirements for the granting of a conditional use permit to allow flexibility from the strict provisions of this Ordinance in regard to multiple buildings, shared access/ parking, parking supply reductions, internal setbacks, etc. (b) Standards. 1. Open Space. a.1. The PUD design willshall result in greater landscaped pervious area than the base zoning district standard. b.2. The PUD site design willshall result in the protection of important natural features (e.g., wetlands, significant trees, water courses, slopes over twelve (12) percent). c.3. The PUD design willshall include extensive landscaping with an emphasis on streetscape, site entrances, and the perimeter of the building. 2.(c) Architectural Guidelines. Commercial and industrial buildings shall comply with design standards of §1007.043 (2)(d) of this Ordinance. A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, and open spaces. (8) Mixed Residential, Commercial and/or Industrial Planned Unit Development Requirements. (a) PUD’s including a mix of residential, commercial, and/or industrial uses shall follow the applicable provisions of (6) and (7) above. (6)(9) Procedure for Processing a Planned Unit Development. (a) Stages of PUD. The processing steps for a PUD are intended to provide for an orderly development and progression of the Plan, with the greatest expenditure of developmental funds being made only after the City has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps and applications, outlined in detail in the following sections, are: 2-13 1. Application Conference and Neighborhood Meeting. Preliminary discussions. 2. General Concept Plan Application. Consideration of overall concept and plan. The concept plan review is voluntary but strongly recommended. 3. Development Stage Plan Application. One or more detailed Plans as part of the whole final plan. 4. Final Plan Application. The summary of the entire concept and each Development Stage Plan in an integrated complete and final plan. (b)(a) Application Conference. Prior to filing of an application for PUD, the applicant for the proposed PUD shall arrange for and attend a conferencemeet with the Community Development Department. At such conference, the applicant shall be prepared to generally describe the proposal for aproposed PUD. The primary purpose of the conference shall beis to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this Ordinance before incurring substantial expense in the preparation of plans, surveys and other data. (b) Neighborhood Meeting. The City strongly recommendsPrior to submitting a PUD Concept Plan application, the property owner/applicant shall hold a neighborhood meeting for informal comment and feedback prior to submitting a formal concept application. (c) The person applying for a planned unit development shall fill out and submit to the Zoning Administrator an application form together with a fee as established by City Council resolution. The request for planned unit development shall be placed on the agendas of the Park Board, Environmental Board, and Planning and Zoning Board according to the City’s deadline and meeting schedule. (d) Planned unit develop/rezoning application shall be posted and advertised in accordance with §1007.015 of this Ordinance. (e) Planned unit development/conditional use permit applications shall be posted and advertised in accordance with §1007.016 (2) of this Ordinance. (f) Public hearings shall be held at the PUD development stage. (g)(c)GeneralPUD Concept Plan Application. 1. Purpose. The GeneralPUD Concept Plan provides an opportunity for the applicant to submit an application and plan to the City showing histhe basic intent and the general nature of the entire development before incurring substantial cost. This Concept Plan provides an opportunity for the proposal to be publicly considered at an early stage. The following elements of the proposed General Concept Plan represent the immediately significant elements which the City shall review and for which a decision shall be renderedThe evaluation of the Concept Plan shall include but not be limited to the following criteria: 2-14 a. Overall Maximummaximum PUD Density Rangedensity range. b. General Locationlocation of Major Streetsmajor streets and Pedestrian Ways pedestrian ways. c. General Locationlocation and Extentextent of Publicpublic and Common Open Spacecommon open space. d. General Locationlocation of Residentialresidential and Non-Residential Land Usesnon-residential land uses with Approximate Typeapproximate type and Intensitiesintensities of Developmentdevelopment. e. A Stagingstaging and Time Scheduletime schedule of Developmentdevelopment. f. Other Special Criteriaspecial criteria for Developmentdevelopment. 2. GeneralPUD Concept Plan Submission Information. a. General Information. i. Owner. The landowner's name, address and telephone number and his interest in the subject property. ii. Applicant. The applicant's name, address and telephone number if different from the landowner. The applicant may designate an agent to be contacted by the City, who may speak for the applicant. iii. Consultants. The names and addresses of all professional consultants who have contributed to the development of the PUD plan being submitted, including attorney, land planner, engineer and surveyor. iv. Title of Applicant. Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up-to-date certified abstract of title or registered property report, and such other evidence as the City Attorney may require to show the status of title or control of the subject property. b. Present Status of Premises and Adjacent Properties. i. Description. The address and legal description of the subject property. A survey is required. ii. Zoning. The existing zoning classification and present use of the subject property and all lands within five hundred (500) feet of the subject property. 2-15 Map. A single reproducible map or a. The information required for all PUD Concept Plans shall be as specified in §1001.026 of this Ordinance. iii.b. An aerial photograph at a scale of not less than one (1) inch equals one hundred (100) feet, depicting the existingproposed development of the subject property and all land within five hundred (500) feet thereof and showing the precise location of existing streets. c. Narrative Description. A written statement generally describing the proposed PUD and the market which it is intended to serve, showing its relationship to the City's Comprehensive Plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the City. d. Site Conditions: Where deemed necessary by the City, graphic reproductions of the existing site conditions at a scale of not less than one (1) inch equals one hundred (100) feet shall be submitted and shall contain the following: i. Survey showing lot dimensions and existing easements and utilities. ii. Contours - minimum two (2) foot intervals. iii. Location, type, and extent of tree cover. iv. Slope analysis. v. Location and extent of water bodies, wetlands, and streams and flood plains within three hundred (300) feet of the subject property. vi. Existing drainage patterns. vii. Vistas and significant views. viii. Soil conditions as they affect development. All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference. e.c. Concept Drawing. Schematic drawing of the proposed development conceptPUD including, but not limited to, the general location of major circulation elementsstreet and pedestrian ways, public and common open space, residential and other land uses. f.d. Number of Units. A statementAn estimate of the estimated total number of dwelling and/or other units proposed for the PUD and a tabulation of the proposed approximate allocations offollowing land useuses expressed in acres and as a percent of the total project area, which shall include at least the following: 2-16 i. Area devoted to residential and non-residential uses. ii. Area devoted to residential use by building or structure or use type. iii. Area devoted to common open space. iv. Area devoted to public open space. v. Approximate areaArea devoted to streets. vi. Approximate areaArea, and potential floor area, devoted to commercial uses. vii. Approximate areaArea, and potential floor area, devoted to industrial or office uses. g. Staged Development. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage. e. Common Areas. When the proposedIf the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD. h.f. If the PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted during the development stage. i. Covenants. General intent of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD. j.a. Market Feasibility. Where deemed necessary, a market feasibility study including an analysis of the proposals economic impact on the City. 3. General Concept Plan Process. The Community Development Department shall forward the concept planConcept Plan submission to the City’s advisory boards and City Council for their consideration at at regularly scheduled meetings to solicit informal review and comment on the project’s acceptability in relation to consistency with the City’s Comprehensive Plan and development regulations. Such meetings should be attended by the applicant. (h)(d) Development StagePUD Preliminary Plan Application 2-17 1. Purpose. The purpose of the Development StagePUD Preliminary Plan is to provide one (1) or more specific and particular plansa master plan of the entire development upon which the Planning and Zoning Board will base its recommendation to the City Council and with which substantial compliance is necessary for the preparation of the Final Plan. The PUD Preliminary Plan serves as a complete and permanent public record of the entire PUD and the manner in which it is to be developed. 2. Submission of Development Stage. Following review of the GeneralPUD Concept Plan, the applicant shall file with the Community Development Department a Development StagePUD Preliminary Plan application including the information, rezoning and submissions required by §1007.024 (6)(h)5. for the entire PUD. The Development Stagepreliminary plat applications. The PUD Preliminary Plan shall refine the GeneralPUD Concept Plan. 3. Review and Action by City Staff and Planning and Zoning Board. Immediately upon receipt of a completed Development Stage Plan, the Community Development Director shall refer such plan to the appropriate City staff, citizen boards, and other special review agencies such as the Rice Creek Watershed District, Department of Natural Resources, or Environmental Quality Board where applicable. 3. Development Stage Plan Review Criteria. The The Community Development Department shall forward the PUD Preliminary Plan submission to the City’s advisory boards and City Council for their consideration at a regularly scheduled meeting. 4. The evaluation of the proposed Development StagePUD Preliminary Plan shall include but not be limited to the following criteria: a. Individual Rights. Adequate property control is provided to protect the individual owners' rights and property values and the public responsibility for maintenance and upkeep. b.a. Traffic Plan. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project residents and the general public. c.b. Open Space. A sufficient amount of useable open space is provided. d.c. Compatibility. The architectural design of the project is compatible with the surrounding area. e. Drainage. The drainage and utility system plans are submitted to the City Engineer and the final drainage and utility plans shall be subject to their approval. f. Schedule. The development schedule insures a logical development of the site which will protect the public interest and conserve land. 2-18 g. Platting Requirements. The development is in compliance with the requirements of the Lino Lakes Subdivision Ordinance. h. District Requirements. Dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned. 5.d. Development Stage Submission Information. Development stage submissions should depict and outline the proposed implementation of the General Concept Stage for City Code except where modified by the PUD. Information from the General Concept Stage may be included for background and to provide a basis for the submitted plan. The Development Stage submissions shall include but not be limited to: a. Zoning Required. Zoning classification required for Development Stage submission and any other public decisions necessary for implementation of the proposed plan. 5. The PUD Preliminary Plan submission shall include but not be limited to: a. Information for Site and Building Review as specified in §1007.020 of this Ordinance. b. Information for Preliminary Plat. Informational requirements of the Subdivision as specified in §1001.041 of this Ordinance plus the following: . i. Buildings. The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, or proposed buildings, and existing buildings which will remain, if any. ii. Traffic Circulation. Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements. iii.c. Common Areas. Location, designation and total area of all common open space. iv.d. Public Open Space. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. v. Locate Existing Structures. The location, use and size of structures and other land uses on adjacent properties. e. A tabulation of all land uses expressed in square footage and as a percent of the total project area. Identification of vi. Other Data. Any other information that may have been required by the Planning and Zoning Board in conjunction with the approval of the General Concept Plan. 2-19 vii. Legal Description. An accurate legal description of the entire area within the PUD for which final development plan approval is sought, correlated to the legal description defining use districts in this Ordinance. c. Areas of Use. A tabulation indicating the approximate gross square footage, if any, of commercial and industrial floor space by type of activity (e.g. drug store, dry cleaning, supermarket). d. Architectural Plans. Preliminary architectural plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings and architectural guidelines for future development phases. f. Landscape Plan. A detailed landscaping plan including the type, size and quantity of all existing and natural resource areas and the proposed method for protection and restoration of these areas. e.g. A written statement generally describing the proposed plantings.PUD, the market which it is intended to serve, its relationship to the City's Comprehensive Plan and how it is to be designed, arranged and operated. h. Where deemed necessary, a market feasibility study including an analysis of the proposals economic impact on the City. f. Grading and Drainage Plan. Preliminary grading and drainage plan illustrating changes to existing topography and natural site vegetation. The Plan should clearly reflect the site treatment and its conformance with the approved concept plan. g. Erosion Control. A Soil Erosion Control Plan acceptable to watershed district and any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures. h.i. Document Changes. A statement summarizing all changes which have been made in any document, plan data or information previously submitted, together with revised copies of any such document, plan or data. i.j. Additional Data. Such other and further information, either required as part of the Concept Plan review or as the Planning and Zoning Board, Community Development DirectorDepartment or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof. 6. The terms of the PUD as approved by the City Council shall be embodied in a PUD Agreement, Development Contract, and such other documents as the City shall deem necessary or desirable. The PUD Agreement and any appropriate resolution of the City Council shall be filed with the Anoka County Recorder at the expense of the applicant. At the election of the City, filing of the Development Stage PUD may be delayed until the final plan is filed. Where the Development Stage Plan is denied approval, Council action shall be by written resolution setting forth its findings and conclusions in support of its action. 2-20 7. Limitation on Development Plan Approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants Development Stage Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and/or an approved Development Stage Plan, the approval shall expire. The City Council may at its discretion extend for six month intervals the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. The City Council may approve such an extension after the deadline date passes. In any case where Development Plan approval expires and no extension has been approved, the City Council may adopt a resolution repealing the Development Stage Plan approval for that portion of the PUD that has not received Final Plan approval and re-establishing the zoning and other Code provisions that would otherwise be applicable. 6. A complete application for PUD Final Plan shall be submitted no later than one (1) year after the date of approval of the PUD Preliminary Plan, or a time as provided in the developer's agreement. Otherwise, the PUD Preliminary Plan approval shall be considered void, unless an extension, requested in writing and for good cause, is granted by the City Council. (i)(e) PUD Final Plan Application. 1. Purpose. The PUD Final Plan is to serve as a complete, and permanent public record of a specific stage or phase of the PUD Preliminary Plan and the manner in which itthat stage is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other provisions of the City Code as the land use regulation applicable to the PUD. 2. Submission of Final Plan. Upon approval of the Development StagePUD Preliminary Plan, and within the time established herein, the applicant shall file with the Zoning AdministratorCommunity Development Department an application and PUD Final Plan consisting of the information and submissions required by this Code for the entire PUD or for one (1) or more stages. The PUD Final Plan shall conform to the Development StagePUD Preliminary Plan in all respects, and shall be integrated as a coherent statement of the entire Plan. Appropriate cross-referencing and incorporation of recorded documents may be utilized. 3. Final Plan Submission Information. After review of a GeneralPUD Concept Plan for the PUD and approval of a Development Stage Plan for a section or sections of the proposed PUD Preliminary Plan, the applicant will submit the following material for review by the City staff prior to issuance of a building permit: a. Recording Proof. Documents establishing the recording of any easement or other documents required by the City prior to the sale of any land or dwelling unit included in the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility. a. A revised PUD Preliminary Plan and Preliminary Plat of the entire PUD incorporating all changes and conditions that were required. This revised preliminary plat will 2-21 provide the historical record of the subdivision approval by which subsequent final plats shall be considered. b. Information for Final Plans, Structures. Plat as specified in §1001.056 of this Ordinance. b.c. Final architectural working drawings at all elevations, in color, of all principal and accessory buildings and structures (type, color, and materials used in all exterior surfaces). Typical floor plan and typical room plan drawn to scale with a summary of square footage by use or activity. c.d. Final Engineering Plans. Final engineering plans and specifications for streets, drainage, utilities and other public improvements, together with a development contract providing for the installation of such improvements and financial guarantees for the completion of such improvements. d.e. Other Plans. Any other plans, agreements, or specifications necessary for the City staff to review the proposed construction. All work shall be in conformance with the Building Code of the City. 4. Recording of The Community Development Department shall forward the PUD Final Plan. Within sixty (60) days of its approval, the applicant, or at its election, and Final Plat submission to the City, shall cause Council for their consideration at a regularly scheduled meeting. e.5. The terms of the Final Plan, or PUD as approved by the City Council shall be embodied in a Development Agreement and Planned Unit Development Agreement, and such portions thereof as areother documents as the City shall deem necessary or desirable. The Development and PUD Agreement and any appropriate, to be recorded resolution of the City Council shall be filed with the Anoka County Recorder or Registrar of Titles, at the expense of the applicant. Certified copiesAt the election of the City, filing of all relevant recorded documents shall be furnished to the City.the PUD Preliminary Plan may be delayed until the PUD Final Plan is filed. Where the PUD Preliminary Plan is denied, Council action shall be by written resolution setting forth its findings and conclusions in support of its action. f. Building and Other Permits. Except as otherwise expressly provided herein, upon receiving notice from the Community Development Director that the approved Final Plan and development agreement have been recorded, all appropriate officials of the City may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan or intermediate Development Stage Plan provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that all requirements which are applicable to the permit sought, have been satisfied. g.a. Limitation on Final Plan Approval. Within one (1) year after the approval of a Final Plan for PUD, or such shorter time as may be established by the approved development 2-22 schedulePUD Final Plan, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted and hereinafter provided, automatically render void the PUD permit and, all approvals of the PUD plan andunless an extension, requested in writing, is granted by the City Council. In such case the area encompassed within the PUD shall thereafter be subject to those provisions of the Zoning Code, and other Code provisions, applicable in the district in which it is located. In such case, the Council shall adopt a resolution repealing the PUD permit and PUD approvals and re-establishing the zoning and other provisions that would otherwise be applicable. (f) Plan Modification/Amendment of a Planned Unit Development. 1. Plan modifications/amendments qualifying as minor may be approved by the Community Development Director provided the changes do not involve the following: a. Increase in floor area of structure or number of dwelling units. b. Change in exterior building material. c. Alteration of any condition attached or modification to the PUD Final Plan made by the City Council. 2. Substantial departures from the approved plans will require an amendment to the PUD and shall follow the same review procedure as a PUD Preliminary Plan. 2-23 THIS PAGE INTENTIONALLY LEFT BLANK