Ord 295 Amend Section 22 PUDCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 295
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Council of the City of Mendota Heights does hereby
ordain as follows:
SECTION I
Ordinance No. 401, known and referred to as "Mendota Heights
Zoning Ordinance" is hereby amended in the following
respects:
A: Section 22 "Planned Unit Development" is hereby amended
in its entirety so that as amended it shall read as
attached.
SECTION 2
This Ordinance shall be in full force and effect from and
after its publication according to law.
Adopted and ordained into an Ordinance this Seventh day of
September, 1993.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
SECTION 22. PLANNED UNIT DEVELOPMENT
22.1
PURPOSE AND DEFINITION
This Section establishes provisions for the granting of
a conditional use permit to provide for a Planned Unit
Development project. The purpose of the Planned Unit
Development is to encourage a flexibility in the design
and development of land; and in connection therewith, and
by way of illustration and not limitation, to preserve
the natural and scenic quality of open areas, to
encourage a diversity of housing types within a given
development, to permit a mixture of several zoning
district uses within a development project, and to permit
modification and variance of zoning district
requirements, but nevertheless and at the same time
limiting development to a scale appropriate to the
existing terrain and surrounding land uses. Except as
otherwise provided for by Section 13 of this Ordinance
which relates to "Planned Unit Development Districts," a
Planned Unit Development is hereby defined as any
development project which proposes to utilize ten (10) or
more contiguous acres of land (the "Project Area") and
where:
(A) The proposed uses in the Project Area consist of
some use or uses which would not otherwise be
"Permitted Uses" in the Zoning District which
comprises the Project Area; or if the Project Area
includes two or more Zoning Districts, then the
Planned Unit Development may be permitted only if a
proposed use or uses in each of the Zoning
Districts would not otherwise be a "Permitted Use"
therein, or
(B) The Project Area consists of property located in
one or more "R" Zoned Districts, the proposed
Planned Unit Development consists entirely of
residential housing and it is proposed that such
housing be clustered. Furthermore, in order to
qualify under this subsection B, notwithstanding
any other provision of this Ordinance to the
contrary, the ratio of impervious surface to the
total Project Area shall not be more than twenty-
five to one hundred, e.g. 2500 square feet of
impervious surface to 10,000 square feet of Project
Area. For purposes of calculating the above ratio
there shall be excluded (1) from the computation of
Project Area, all wetlands in the Project Area and
all land below the bluff line in any part of a
Critical Area (as defined in Ordinance 403) which
is within the Project Area, and (2) from the
computation of "impervious surface" the square foot
area of swimming pools, tennis courts and other
detached recreational structures located in the
Project Area.
The word "clustered" or "clustering" shall for
purposes of this Subsection (B) mean the placement
of two or more housing units, whether single
family, or multi-family, or mixed, in closer
proximity than is permitted under the regulations
applicable to the zoning district or districts in
which the Project Area is proposed to be located;
or
C. Project Area consists of property located in one or
more "B" zoned districts or one or more "I" zoned
districts. The proposed Planned Unit Development
shall consist entirely of facilities and uses that
are either permitted or permitted through a
conditional use permit in the underlying zoning
district. Zero lot lines, shared parking,
pedestrian connections between structures, common
building materials and treatments, signage, and
architectural styles, as well as extensive
landscaping shall be encouraged in the Planned Unit
Development in order to create a "campus
atmosphere" development.
The percentage of impervious surface in the project
area shall be no more than seventy (70) percent.
Wetlands and all land below the bluff line in any
part of a critical area (as defined in Ordinance
403) that is in the Project Area shall not be
included in the land area to be calculated in order
to determine the above percentage.
The Council may reduce the ten (10) acre requirement for a
Planned Unit Development, but to no less than five (5) acres,
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and only if it finds that the Planned Unit Development, in
addition to meeting all of the standards and objectives of
Section 22.3 also:
(1) is determined by the Council to be "infill type
development" that would be difficult to develop
under the Zoning District or Districts comprising
the project area;
(2) will not require any wetlands permit;
(3) will not require any critical area variance;
(4) will not increase traffic or parking estimates for
the Project Area above the level reasonably
estimated for a permitted use for the Project
Area's size in the Zoning District in which it is
situated;
(5) provides a landscaped buffer around the perimeter
of the entire Project Area unless expressly waived
by Council.
The Council shall be conservative in exercising its discretion
to permit a Planned Unit Development of less than ten (10)
acres.
22.2 RIGHTS TO A PLANNED UNIT DEVELOPMENT
The use of more flexible regulations in the development
of land under the Planned Unit Development Section may be
approved if all of the conditions in Section 22.3 are
found to exist and if it is determined that it is in the
overall community interest to do so. The use of these
techniques is not an assumed right, but is a
discretionary privilege which may be granted by the City
Council if in its determination the use of a Planned Unit
Development process and land development is in the
community interest and all of the conditions are adhered
to. While the approval of a Planned Unit Development may
result in permitting in a Project Area a development of
a nature or use not otherwise permitted in the particular
Zoning District, it is not intended that the approval of
a Planned Unit Development shall effect a change in the
underlying zoning unless the procedures for a rezoning
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under this Ordinance are also followed, either
simultaneously or separately, and a rezoning is approved
in accordance with the procedures of other provisions of
this Ordinance.
22.3 APPROVAL AND ADMINISTRATION
22.3(1) The Planned Unit Development may be approved only if it
satisfies all of the following standards:
22.3(1)a The Planned Unit Development is an effective and unified
treatment of the development possibilities on the project
site and the development plan provisions for the
preservation of unique natural amenities such as streams,
stream banks, wooded cover, rough terrain, and similar
areas.
22.3(1)b The Planned Unit Development has been planned and is
proposed to be developed to harmonize with adjacent
projects or proposals.
22.3(1)c Financing is available to the applicant on conditions and
in an amount which is sufficient to assure completion of
the Planned Unit Development and evidence to support
those facts is presented to and deemed satisfactory by
the Planning Commission and the Council.
22.3(2) In the Planned Unit Development the number of dwelling
units proposed for the entire site shall not exceed the
total number permitted under the density control
provisions of the zoning districts) in which the land is
located. If the Planned Unit Development is in more than
one (1) zoning district, the number of allowable dwelling
units must be separately calculated for each portion of
the Planned Unit Development that is in a separate zone,
and must then be combined to determine the number of
dwelling units allowable in the entire Planned Unit
Development.
22.3(3) The Planning Commission shall determine the number of
dwelling units which may be constructed within the
Planned Unit Development by dividing the net acreage of
the project area by the required lot area per dwelling
unit which is required in the district in which the
Planned Unit Development is located. The net acreage
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shall be defined as the Project Area less the land area
dedicated for public or private streets and alleys, but
shall include (except as hereinafter provided) all lands
to be conveyed to the City for public parks. Net acreage
shall also exclude all wetlands within the Project Area
to the average high water mark as indicated on the
City's Wetlands Map, and that part of any critical area
within the Project Area of the Planned Unit Development
which is below the bluff line as defined in Ordinance No.
403; and such wetlands and critical areas shall be
excluded from the computation of net acreage, whether or
not such property or any part thereof is conveyed to the
City for public parks.
22.3(4) Coordination with Subdivision Control Ordinance.
22.3(4)a It is the intent of this ordinance that subdivision
review under the Subdivision Control ordinance be carried
out simultaneously with the review of a Planned Unit
Development under this chapter of the Zoning ordinance.
It is required therefore that the proposed preliminary
plat of all land included within the Planned Unit
Development be submitted with the Preliminary Development
Plan or the Final Plan, if the Final Plan is combined
with the Preliminary Development Plan.
22.3(4)b The plans required under this section of the ordinance
must be submitted in a form which will satisfy the
requirements of the Subdivision Control ordinance for the
preliminary and final plats required under those
regulations.
22.3(4)c Performance Bond: The applicant shall furnish a public
contractor's performance bond as prescribed by Minnesota
Statutes, with corporate surety in a penal sum equal to
125 percent of the Engineer's cost estimate for the
required improvements to be furnished and/or installed by
the applicant in the development of the Planned Unit
Development project. The performance bond shall be
approved by the City Attorney prior to its acceptance and
shall be provided to the City Zoning Administrator as a
prerequisite to issuing the first building permit for the
Planned Unit Development.
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A certified check shall be submitted by the applicant for
the estimated inspection costs of the required
improvements to be furnished and/or installed by the
applicant. Said check is to be submitted at the time of
the submission of the performance bond.
22.3(5) All other development regulations not specified in this
Section 22 or specified as a condition to the conditional
use permit (and these shall be specifically referenced in
the "Development Agreement") shall apply as regulated in
the zoning district in which the Planned Unit Development
will be located, except to the extent that such
provisions have been varied or waived as permitted by
this Section 22 and are evidenced by a Development
Agreement between the applicant and the City.
22.3(6) Objectives of a Planned Unit Development
It is the purpose of this Section 22 to provide a means
to allow subtantial variances from the provisions of this
ordinance including uses, setbacks, height, and similar
regulations not including off-street loading, necessary
landscaping, and the like, and such variances may be
granted for Planned Unit Developments, provided:
22.3(6)a Certain regulations contained in this ordinance do not
realistically apply to the proposed development due to
the unique nature of the proposed development.
22.3(6)b The variances, if granted, would be fully consistent with
the general intent and purpose of this ordinance.
22.3(6)c The Planned Unit Development would produce urban
development and urban environment of equal or superior
quality to that which would result from strict adherence
to the provisions of this ordinance.
22 .3 (6) d The variances will not constitute a threat to the safety,
health, and general welfare of the owners or occupants of
adjacent or nearby land, including property values, nor
be detrimental to the health, safety, morals, and general
welfare of the people of the community.
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22 .3 (6) e The proposed development is of such a unique nature as to
require consideration under conditions of the Planned
Unit Development and meets the threshold conditions
specified in Section 22.1.
22.3(6)f It shall be determined that the variances are appropriate
for the reasonable and practical physical development of
the property constituting the Planned Unit Development
and are not required solely on the basis of financial
advantage to the applicant.
22.4 PRE-APPLICATION CONFERENCE
Before submitting an application for a Planned Unit
Development, an applicant shall confer with the Planning
Commission (and with the City Council at its next regular
meeting following Planning Commission review) to obtain
information and guidance before entering into binding
commitments or incurring substantial expense in the
preparation of plans, surveys, and other data.
22.5 CONCEPT PLAN
22.5(1) The applicant shall provide to the Planning Commission
and the Council at the pre-application conference the
Concept Plan and other information specified in this
Section 22.5. The Zoning Administrator shall not place a
pre-application conference on the Planning Commission
agenda until all of the information specified in this
Section has been provided by the applicant. All such
information shall be provided to the Zoning Administrator
twenty-one (21) days before the pre-application
conference with the Planning Commission to facilitate
review by staff and preparation of a report by the City's
Planner.
22.5(2) A Concept Plan must include both maps and a written
statement, and must show enough of the area surrounding
the proposed Planned Unit Development to demonstrate the
relationship of the Planned Unit Development to adjoining
uses, both existing and proposed.
22.5(3) The maps which are part of the Concept Plan may be in
general schematic form, and must contain the following
information:
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22.5(3)a The existing topographic character of the land.
22.5(3)b Existing and proposed land uses and the approximate
location of buildings, utilities, and unique development
features of the site.
22.5(3)c The location of major thoroughfares.
22.5(3)d Public uses, including schools, parks, playgrounds, and
other open spaces.
22.5(4) A written statement shall accompany the Concept Plan,
which must contain the following information:
22.5(4)a An explanation of the character of the Planned Unit
Development and the manner in which it is consistent with
and has been planned to comply with the Planned Unit
Development provisions contained in this Section 22.
22.5(4)b A statement of proposed financing.
22.5(4)c A statement of the present ownership and all existing or
contingent interests in all of the land included within
the Planned Unit Development.
22.5(4)d A general indication of the expected schedule of
development including progressive phasing and time
schedules which shall not exceed five (5) years from the
date of approval of the Final Development Plan for the
Planned Unit Development to the completion of all
construction.
22.5(4)e The character and approximate density of dwelling units.
22.5(4)f Estimated industrial or commercial acreage and projected
employment.
22.5(4)g Estimated square footage of any commercial development.
22.5(4)h Estimated amount of open space and a computation showing
the percent of impervious surface in the Project Area.
22.5(4)i Projected traffic.
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22.6 ACTION FOLLOWING PRE-APPLICATION CONFERENCES
22.6(1) The Planning Commission and the Council each in their
turn shall make recommendations regarding the Concept
Plan giving reasons for their recommendations, but such
action is not and is not intended to be binding on the
city in any way, but simply advisory to the applicant on
a preliminary basis only.
22.7(1) If a Preliminary Development Plan has not been submitted
to the Planning Commission within six (6) months
following the date of the Council meeting at which the
applicant completed the pre-application conference with
the Council, then the applicant shall repeat the pre-
application process specified by this Section 22. In its
discretion and for good cause, the City Council may
extend for three (3) months the period for the filing of
the Preliminary Development Plan, and waive the
resubmission to the pre-application conference process.
22.7(2) Every Preliminary Development Plan must include all of
the following information:
22.7(2)a A map showing street systems, plot lines and plot
designs.
22.7(2)b Areas proposed to be conveyed, dedicated, or reserved for
parks, playgrounds, playways, school sites, public
buildings, and similar public and semi-public uses.
22.7(2)c A plot plan for each building site and common open area,
showing the proposed location of all buildings,
structures and improvements and indicating the open
spaces around buildings and structures.
22.7(2)d Elevation and perspective drawings of all proposed
structures and improvements and any accessory structures.
The drawings need not be the result of final
architectural decisions and need not be in detail but
should indicate the general design character and
materials.
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22.7(2)e A development schedule indicating (1) the approximate
date when construction of the project can be expected to
begin; (2) the stages in which the project will be built
and the approximate date when construction of each stage
can be expected to begin; (3) the anticipated rate of
development; (4) the approximate dates when the
development of each of the stages in the development will
be completed; and (5) the area and location of common
open space that will be provided at each stage.
22.7(2)f Copies of proposed agreements, provisions or covenants
which will govern the use, maintenance and continued
protection of the Planned Unit Development and any of its
common open areas, for information purposes only.
22.7(2)g The following plans and diagrams:
1. All information required under the provisions of
Subsections 5.6(2) a through e,
inclusive, of this ordinance.
2. An off-street parking and loading plan.
3. A circulation diagram indicating the proposed
movement of veicles, goods, and pedestrians
within the Planned Unit Development and to and from
existing thoroughfares. Any special engineering
features and traffic regulation devices needed to
facilitate or insure the safety of this circulation
pattern must be shown.
4. A landscaping and tree planting plan.
5. An economic feasibility report or market analysis.
22.7(2)h The applicant may instead of filing a Preliminary
Development Plan file a Final Development Plan at the
time specified in this Subsection 22.7, and such Final
Development Plan shall contain all of the information
required in this Subsection 22.7 and all information
required for the Final Development Plan as specified in
this Ordinance.
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22.8 APPROVAL OF PRELIMINARY DEVELOPMENT PLAN OR FINAL
DEVELOPMENT PLAN SUBMITTED IN LIEU THEREOF
22.8(1) The applicant shall file the preliminary development plan
(or in lieu thereof a Final Development Plan) with the
City Council and the Planning Commission not later than
twenty-one (21) days before the Planning Commission
meeting at which the application will be considered. The
Planning Commission shall give notice of a public hearing
in conformance with Section 5.6 of this Ordinance.
22.8(2) The Planning Commission shall review the preliminary or
final development plan (as the case may be) and after the
hearing forward the plan to the Council with a written
report recommending that the plan be disapproved,
approved, or approved with modifications, and give the
reasons for these recommendations.
22.8(3) Within thirty days after receipt of the report and
recommendations of the Planning Commission, the Council
shall consider the plan and the report transmitted to
them by the Planning Commission. At the time of
consideration, the Council may take action to approve or
disapprove the plan or approve the plan with
modifications, or it may continue the discussion from
time to time for further information and report from the
Planning Commission as it may direct.
22.8(3)a Upon approval of the plan by an affirmative vote of
four-fifths (4/5) of all members thereof, the Council
shall grant the conditional use permit with appropriate
findings consistent with Section 22. If the approval is
of the Preliminary Development Plan, such approval shall
be subject to the filing of a Final Development Plan and
the approval of the Final Development Plan by the
affirmative vote of four-fifths (4/5) of all Council
members.
22.9 APPROVAL OF FINAL DEVELOPMENT PLAN FOLLOWING APPROVAL OF
PRELIMINARY DEVELOPMENT PLAN
22.9(1) Within six (6) weeks following the approval of the
Preliminary Development Plan by the Council, the
applicant shall file with the Council a Final Development
Plan containing in final form the information required in
the preliminary plan. In its discretion and for good
cause, the Council may extend for six (6) weeks the
period for the filing of the Final Development Plan.
22.9(2) All agreements, covenants and conditions relating to the
Planned Unit development, including without limitation
(i) those which relate to the use, maintenance and
continued protection of any common open areas, (ii) all
variances, and (iii) all conditional uses which are
inconsistent with the requirements and uses otherwise
permitted in the Zoning District or the Districts which
comprise the Planned Unit Development, shall be set forth
in a Development Agreement, to be prepared by the City,
and to be entered into between the applicant and the
City. Approval of the Development Agreement by the
Council and the applicant shall be a condition to
approval of the Final Development Plan.
22.9(3) The Council will review the Final Development Plan and so
long as all conditions to the approval of the Preliminary
Development Plan have been satisfied and so long as
standards set forth in Section 22.3 (1) continue to be met
the City Council shall approve the Final Development
Plan. No building permits will be issued until the
developer provides to the City evidence of the recording
of the Final Development Plan and, if appropriate, the
Development Agreement.
22.9(4) If the Final Development Plan is not in substantial
conformity with the Preliminary Development Plan and the
applicant wishes to proceed with the Final Development
Plan, the Final Development Plan shall be considered
pursuant to the procedures provided for by this Ordinance
for approval of a conditional use permit, and the
applicant shall be referred back to the Planning
Commission to begin that process.
22.10 FAILURE TO BEGIN PLANNED UNIT DEVELOPMENT
If no construction has begun of the Planned Unit
Development within one (1) year from the approval of the
Final Development Plan, the Final Development Plan shall
lapse and be of no further effect. In its discretion and
for good cause, the Council may extend for up to one (1)
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additional year the period for the beginning of
construction.
Follwa-fiTan 0) an *0 1105 0 1
No changes may be made in the approved Final Development
Plan after its approval by the Council, except upon
application to the Council under the procedures provided
below:
22.11(1) Minor changes in the location, siting, and height of
buildings and structures may be authorized by the Council
if required by engineering or other circumstances not
foreseen at the time the final plan was approved. Such
approval shall require the affirmative vote of four-
fifths (4/5) of all members of the Council.
22.11(2) All other changes in use, or rearrangements of lots,
blocks and building tracts, any changes in the provision
of common open spaces, and all other changes in the
approved final plan must be made by the Council, under
the procedures authorized by this Ordinance for the
approval of a conditional use permit. No amendments may
be required by the Council because of changes in
conditions that have occurred since the final plan was
approved or by changes in the development policy of the
community.
22.12 ENFORCING DEVELOPMENT SCHEDULE
The construction and provision of all of the common open
spaces and public and recreational facilities which are
shown on the final development plan must proceed at the
same rate as the construction of the primary structural
units. At least once every three (3) months following
the approval of the Final Development Plan, the zoning
administrator shall review all of the building permits
issued for the Planned Unit Development and examine the
construction which has taken place on site. If he shall
find that the rate of construction of dwelling units is
greater than the rate at which common open spaces and
public and recreational facilities have been constructed
and provided, he shall forward this information to the
Council, which may revoke the Planned Unit Development
permit.
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22.13 CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE
22.13(1) All land shown on the final development plan as common
open space must be conveyed under one (1) of the
following options:
22.13(1)a It may be conveyed to a public agency which will agree to
maintain the common open space and any buildings,
structures, or improvements which have been placed on it.
22.13(1)b It may be conveyed to a homeowner's association or
similar organization for the maintenance of the common
spaces of the Planned Unit Development, subject to and in
a manner consistent with the covenants, duties and
obligations of the developer set forth in the Development
Agreement.
22.13(2) No common open space may be put to any use not specified
in the Final Development Plan unless the Final
Development Plan has been amended to permit that use
under this ordinance. However, no change of use
authorized under this Ordinance may be considered as a
waiver of any of the covenants limiting the use of common
open space areas, and all rights to enforce these
covenants against any use permitted under this Ordinance
are expressly reserved.
22.13(3) If the common open space is not conveyed to a public
agency, either one (1) of the following methods of
enforcement must be provided:
22.13(3)a The legal right to develop the common open space for the
uses specified in the Final Development Plan must be
conveyed to a public agency.
22.13(3)b The restrictions governing the use, improvement, and
maintenance of the common open space must be stated as
conditions to the conveyance of the common open space,
the fee title to the common open space to vest in a
public agency in the event of a substantial default in
the stated conditions.
22.13(4) If the common open space is not conveyed to a public
agency, the covenants governing the use, improvement, and
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maintenance of the common open space shall authorize the
City to enforce their provisions.
22.14 STANDARDS FOR COMMON OR PUBLIC OPEN SPACE
22.14(1) The location, shape, size and character of the common
open space must be suitable for the Planned Unit
Development.
22.14(2) Common open space must be used for amenity or
recreational purposes. The uses authorized for the
common open space must be appropriate to the scale and
character of the Planned Unit Development, considering
its size, density, expected population, topography and
the number and type of principal units to be provided.
22.14(3) Common open space must be suitably improved for its
intended use, but common open space containing natural
features worthy of preservation may be left unimproved.
The buildings, structures and improvements which are
permitted in the common open space must be appropriate to
the uses which are authorized for the common open space
and must conserve and enhance the amenities of the common
open space having regard to its topography and unimproved
condition.
22.14(4) The development schedule which is part of the development
plan must coordinate the improvement of the common open
space, the construction of buildings, structures, and
improvements in the common open space, and the
construction of residential dwellings in the Planned Unit
Development.
22.14(5) If the final development plan provides for buildings, or
structure improvements in the common open space the
developer must provide a bond or other adequate assurance
that the buildings, structures, and improvements will be
completed. The Planning Commission shall release the
bond or other assurance when the buildings, structures,
or improvements have been completed according to the
development plan.
22.14(6) In the development of the common open space, the
requirements of other City ordinances must be met unless
otherwise provided in the Development Agreement, e.g.,
wetlands permit requirements, etc.
22.15 GUARANTEE OF THE PROVISION OF COMMON OPEN SPACE
The City Council may require adequate assurance, in a
form and manner which it approves, that the common open
space shown in the final development plan will be
provided. The following methods of assurance are
intended as illustrative, and they may be used singly or
in combination:
22.15(l) The Council may accept a bond, corporate surety, or other
acceptable financial guarantee, in a form which complies
with the provisions of the subdivision control Ordinance,
and in an amount sufficient to purchase at its then
current market value the common open space shown in the
Final Development Plan.
22.15(2) The land shown as common open space may be put in escrow,
the escrow agreement to provide that the land is to be
held in escrow until the City Council has certified to
the escrow agent that the Planned Unit Development has
been completed at which time the common open space is to
be conveyed as provided by City ordinance. The escrow
agreement may provide for the release of the common open
space by the escrow agent in stages, the Council to
certify the completion of each stage of the Planned Unit
Development to the escrow agent. The escrow agreement
must provide that a portion of the open space is to be
conveyed in the manner provided by City ordinance, if the
Planned Unit Development is not completed. In this
event, the open space which is conveyed is to bear the
same proportion to the open space provided on the final
development plan as the dwelling units that have been
built bear to the total number of dwelling units which
are allowable by the Final Development Plan.
22.15(3) If any of the Planned Unit Development which includes
common open space is held by the developer on option, the
developer may assign to the Council the right to exercise
the option to acquire the common open space and shall
simultaneously provide the Council with the sum
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necessary, if any, to exercise the option and acquire the
property.
22.15(4) If for any reason the common open space shall not be
provided for before the completion and occupancy of the
project, the Council may withhold the Certificate of
Occupancy until the common open space has been provided
and improved in accordance with the Final Development
Plan.
22.16 CONTROL OF PLANNED UNIT DEVELOPMENT FOLLOWING COMPLETION
22.16(1) The Council shall issue a certificate certifying the
completion of each phase of the Planned Unit Development,
and the City Clerk shall note the issuance of the
certificate on the recorded final development plan.
22.16(2) After the certificate of completion has been issued, the
use of land and the construction, modification, or
alteration of any buildings or structures within the
Planned Unit Development will be governed by the approved
Final Development Plan and the Development Agreement to
the extent that they may be inconsistent with the
provisions of this Zoning Ordinance.
22.16(3) After the certificate of completion has been issued, no
changes may be made in the approved Final Development
Plan except upon application to the City Council under
the procedures provided below:
22.16(3)a Any minor extensions, alterations, or modifications
within the building envelope of existing commercial and
industrial buildings or structures may be authorized by
the Council if they are consistent with the purposes and
intent of the Final Development Plan and such
authorization shall be by the affirmative vote of four-
fifths (4/5) of all members of the City Council. No
change authorized by this section may increase the cubic
feet of any building or structure by more than ten (10)
percent.
22.16(3)b Any uses not authorized by the approved final plan, but
allowable in the Project Area as a permitted use under
the provisions of the Zoning Ordinance or permitted as a
conditional use in the zone in which the Planned Unit
(401)128
Development is located, may be added to the final
development plan under the procedures provided by the
zoning Ordinance for the approval of conditional uses.
22.16(3)c A building or structure that is totally or substantially
destroyed may be reconstructed only in compliance with
the Final Development Plan unless an amendment to the
Final Development Plan is approved pursuant to the
procedures for approval of a conditional use permit under
this Ordinance.
22.16 (3) d Changes in the use of common open space may be authorized
by an amendment to the Final Development Plan pursuant to
the procedures for approval of a conditional use permit
under this Ordinance.
22.16(3)e All other changes in the Final Development Plan must be
made by the Council, under the procedures authorized by
this ordinance for the amendment of the zoning ordinance.
No changes may be made in the Final Development Plan
unless they are required for the continued successful
functioning of the Planned Unit Development, or unless
they are required by changes in conditions that have
occurred since the final plan was approved or by changes
in the development policy of the community.
22.16(4) No changes in the Final Development Plan which are
approved under this section are to be considered as a
waiver of the covenants limiting the use of land,
buildings, structures, and improvements within the area
of the Planned Unit Development, and all rights to
enforce these covenants against any changes permitted by
this section are expressly reserved.
1 om
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
SAX OF ORDINANCE NO. 295
AN ORDINANCE AMENDING SECTION 22, PLANNED UNIT DEVELOPMENT OF
ORDINANCE NO. 401, THE ZONING ORDINANCE OF MENDOTA HEIGHTS
The City Council of the City of Mendota Heights has determined
that the following summary of the above referenced Ordinance
clearly informs the public of the intent and effect of the
Ordinance, and shall be published in lieu of publishing the entire
text of this Ordinance Section. A printed copy of the full text of
the Ordinance is available for inspection by any person during
regular office hours at the office of the City Clerk.
Section 22, Ordinance No. 401 entitled "Planned Unit
Development" is hereby amended as follows:
Section 22.1 provides a revised purpose and definition for
Planned Unit Development and defines those types of Planned Unit
Developments that will be allowed.
Section 22.2 refers to the Rights to a Planned Unit
Development for applicants using the Planned Unit Development
process.
Section 22.3 defines the approval and administration process
and lists the standards that need to be satisfied before a Planned
Unit Development may be approved, and includes coordination with
the Subdivision Control Ordinance.
Section 22.4 provides for a Pre - Application process in which
an applicant can meet with the Planning Commission and City Council
prior to application for a Planned Unit Development.
Section 22.5 lists the information that must be provided by an
applicant for Concept Plan consideration in the Pre - Application
process. Site plan maps shall include existing topography,
existing and proposed land uses, utilities, buildings, unique
development features, location of major thoroughfares and public
land uses. The written statement shall include an explanation of
the character of the Planned Unit Development, proposed financing,
present ownership, development schedule, proposed density, acreage,
projected employment, square footage of commercial development,
open space computations and projected traffic.
Section 22.6 describes Action following the Pre - Application
Conference and states that advice and recommendations are simply
advisory and are not binding in any way.
Section 22.7 describes the Preliminary Development Plan
process including the list of information required at this stage.
Preliminary Development Plans must include street systems and plot
maps, public conveyances and dedications, building sites and common
open areas, location of all structures and improvements,
elevations, development schedule and agreements. Also required are
site plans, grading plans, dimension plans, landscape plans, off
street parking, circulation diagrams, and market analysis. Also
describes the filing of a Final Development Plan.
Section 22.8 describes the approval process for a Preliminary
Plan or Final Development Plan submitted in lieu thereof.
Section 22.9 describes the approval process for a Final
Development Plan.
Section 22.10 states that an approved Planned Unit Development
lapses after one year if no construction has begun.
Section 22.11 describes Amendments to the Final Development
Plan and the process involved.
Section 22.12 describes the enforcement of the approved
development schedule.
Section 22.13 describes the various methods for conveyance and
maintenance of common open space in a Planned Unit Development.
Section 22.14 describes the standards for common or public
open space in a Planned Unit Development.
Section 22.15 describes the requirements and assurances for
the guarantee of the provision of common open space.
Section 22.16 describes the control mechanisms for a Planned
Unit Development following completion including a certificate of
completion for each phase of development.
BY ORDER OF THE CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Kathleen M. Swanson
City Clerk