HomeMy WebLinkAbout2017-04-04 P & Z HandoutsCITY OF CENTERVILLE, ANOKA COUNTY, MINN.
Findings and Decision
The Planning & Zoning Commission met on April 4, 2017 to hold a public hearing to consider a
after the fact request of Luther Towing/Owner Keaton Luther for an Conditional Use Permit for
property owned by Barbara J. Kozar Trustee and James R. Kozar Trustee, located at 7095 — 2&
Avenue South, Centerville, MN (PIN #R24-31-22-23-0011), Lot 7, Block 1, Industrial Park,
Subject to Easements of Record.
FINDINGS:
1) The Planning and Zoning Commission heard and considered all testimony of interested
persons submitted in writing prior to and in person during the public hearing.
2) The subject property is located within the B-1 (Commercial) zoning district with a similar
use allowed (Automobile and Motorized Equipment Sales & Service; Excluding Salvage)
with provisions for granting a Conditional Use Permit with reasonable conditions.
3) The owner(s) of the property shall provide the City of Centerville with legal authorization to
lease said site and apply for the Conditional Use Permit as the property is held in Trust by
Barbara J. Kozar and James R. Kozar, parents of Craig Kozar.
4) It should be noted that Luther Towing is operating a business very similar to a salvage
operation in which vehicles need repair and many times are inoperable or are missing parts.
The City is highly concerned for appearance of the subject property, crime/public safety,
repairs and sale of parts, environmental ramifications and the general appearance of a "junk
yard" type business.
5) It should also be noted that Luther Towing states that they have signed a two (2) year lease
with Craig Kozar, son of property owner's Barbara J. Kozar Trustee and James R. Kozar
Trustee. It should also be noted that Luther Towing has been operating their business at the
subject property since December, 2016 without first obtaining a Conditional Use Permit,
neglectfully violating the City Code. Mr. Keaton Luther, President, Luther Towing has been
untruthful about business practices, until several stern warnings had been issued by the City's
Legal Counsel and now is applying for a Conditional Use Permit.
6) The proposed use of the suite for which Luther Towing has presented their application is
partially consistent with the Comprehensive Plan as long as service equipment/towing
equipment is only stored on site and no towed/third-party vehicles are stored or standing on
the same site. Luther Towing has stated that they have an alternative site where vehicles may
be stored and it is believed that off-site storing of these vehicles is in the best interest of the
City of Centerville. Luther Towing lacks necessary environmental licensing nor do they hold
a contract to tow vehicles for Centennial Lakes Police Department or the State of Minnesota.
The operation of a salvage yard is inconsistent with the City's Code and Comprehensive
Plan.
7) The applicant and owner(s) are willing to conform to conditions in the Conditional Use
Permit attached hereto.
RECOMMENDATION
The Planning Commission finds that the standards for granting a Conditional Use Permit have
been met and recommends that the City Council approve the Conditional Use Permit, subject to
the conditions contained in the Conditional Use Permit attached hereto.
CITY COUNCIL DECISION:
Findings and recommendation are adopted by the Council this 12th day of April, 2017.
Attest:
Teresa Bender, City Clerk
Jeff Paar, Mayor
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
APPROVAL OF CONDITIONAL USE PERMIT
Permit. Subject to the terms and conditions set forth herein, the City of Centerville
hereby grants approval of a CONDITIONAL USE PERMIT to "Grantee:"
Luther Towing, 7095 - 21'h Avenue South to operate an auto towing business
subject the conditions of this permit.
2. Site. The permit is for the following described property:
7095 — 2P Avenue South Parcel: Lot 7, Block 1 Industrial Park
PIN #24-31-22-23-0011 [THE EASTERNHALF OF THE
BUILDING, AND DOES NOT INCLUDE OTHER PORTIONS OF THE
BUILDING OPERATING THE OTHER BUSINESS ON THE SITE, NAME
OF WHICH I CAN'T REMEMBER]
3. Landowner. The landowner also agrees to the conditions and obligations stated herein:
Barbara J. Kozar, and James R. Kozar, Trustees
4. Conditions. This permit is issued subject to the following conditions:
a) No vehicle shall be towed to the site. No towed vehicle shall be stored, parked or
stand on the site or anywhere on this parcel. All vehicles towed by Grantee shall
conspicuously display on the vehicle's windshield, the date and time the vehicle
was taken into custody by Grantee. Grantee shall store, park or stand all towed
vehicles at a location other than the parcel that is regulated by this permit.
b) All towing vehicles shall be placed inside a building or within a fenced in area,
outside on an asphalted surface with no more than nine (9) towing vehicles at any
given time. These vehicles shall be in working order at all times with current
licensing displayed. The fenced area shall be properly maintained. Privacy slats
shall be installed in the chain link fence with the fence meeting all City Code
requirements.
c) No vehicle associated with the business, its owner(s), or employees shall park or
stand on the street.
d) All employee vehicles shall be parked on an asphalted surface at all times and for
no period extending 48 hours. These vehicles shall be operable, have no missing
parts, have current licensing displayed and be registered to the employee or
spouse of an employee.
e) No vehicle shall exhibit damaged or missing body parts.
f) No vehicle shall exhibit leaking fluids.
g) No vehicle repairs, modifications or improvement may be conducted on the site.
h) No vehicle shall be offered for sale on the site.
i) No vehicle shall be dismantled or disposal of, nor shall parts be transacted or sold
on this site.
j) Bulk gasoline or other fuels shall not be stored on site and there shall be no
exterior storage of containers of lubricants or other chemicals.
k) Any spilled chemicals shall be properly cleaned up and if any are discharged into
the floor drain, the flammable waste trap shall be cleaned and contents properly
disposed of. The flammable waste trap shall be inspected annually and contents
disposed of as necessary. If any chemical escape the site, the city shall be notified
immediately in addition to other appropriate authorities.
1) Grantee shall secure and file with the City, any permits required by outside
agencies.
m) Limits on the noise emitted at the property line shall conform to the noise
regulations contained in City Code Section 91.09 and other nuisance regulations
contained in Chapter 91.
n) There will be no testing of gasoline engines and other noise producing equipment.
o) Landowner and Grantee will comply with the City's Sign Ordinance.
p) Landowner and Grantee shall jointly and individually be responsible for the
continuing conformance with the permit and that if the proposed use is not
initiated within six months of this date, the permit shall be void.
q) Landowner and Grantee will follow the applicable standards and requirements of
the City of Centerville, Rice Creek Watershed District, Anoka County, Army
Corp of Engineers, FEMA, Minnesota DNR, Minnesota Pollution Control
Agency, EPA and any other agency having jurisdiction over the property and
business activities that are taking place on said property
r) Landowner and Grantee will permit a city inspector to view the premises,
including the inside of buildings where operations are occurring, during normal
business hours.
s) The City reserves the right to annually review this permit for compliance with the
conditions and may impose additional conditions to mitigate unforeseen
problems.
4. The document supersedes previously recorded Document #2063880.005 as King Core
no longer operates at this location.
5. Criminal Penalty. Violation of the terms of this permit is a criminal misdemeanor.
FOR THE GRANTEE:
Dated:
Luther Towing
Keaton Luther, personally, and as
President for Luther Towing
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this _ day of , 2017.
by Keaton Luther, President, for himself and Luther Towing, a Minnesota corporation, on
behalf of the corporation and pursuant to authority granted by that corporation.
Notary Public
Dated:
FOR THE LANDOWNER:
Dated:
STATE OF MINNESOTA
) ss.
CMZ I01k1 S fjff1'[97MA
Barbara J. Kozar, Trustee
The foregoing was acknowledged before me this _ day of , 2017.
by Barbara J. Kozar, Trustee, on behalf of the Trust, and pursuant
to authority granted by that trust.
Notary Public
Dated:
Dated:
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this
by James R. Kozar, Trustee, on behalf of the _
authority granted by that trust.
Notary Public
Dated:
Ru
James R. Kozar, Trustees
day of , 2017.
Trust, and pursuant to
CITY OF CENTERVILLE
Jeff Paar, Mayor
Attest:
Teresa Bender, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing was acknowledged before me this _ day of , 2017.
by Jeff Paar, Mayor and Teresa Bender, Clerk of the City of Centerville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
Notary Public
Drafted by:
City of Centerville
1880 Main Street
Centerville, MN 55038
(B) Minimum standards.
(1) Overstory trees:
(a) Deciduous trees. Two and one-half inch caliper planting size, balled and burlapped.
(b) Coniferous trees. Six feet in height planting size, balled and burlapped.
(2) Foundation plantings. Coniferous and deciduous shrubs shall be planted at a minimum of 1/3
the mature spread and height of typical growth habits.
(3) Front yard trees. All front -yard trees shall be hardwood shade trees or flowering trees. Where
overhead utility lines exists, only low growing varieties approved for planting under utility lines
shall be allowed.
(4) Overstory mix. When multiple quantities of overstory trees are required, at least 75 percent of
the trees required shall be deciduous trees.
(5) Hardiness. All landscape materials proposed shall be consistent with Minnesota Hardiness
Zones, whether indigenous or foreign. Plant species must all be tolerant to snow storage,
exposure to salt and sun scald in parking areas.
(6) Diversification. In any development in which at least eight overstory trees or foundation
plantings are required, at least three varieties of boulevard trees are required on each side of the
block.
(7) Warranty. All required landscape materials shall be warranted for growth for a minimum of two
years after planting.
PLANNED UNIT DEVELOPMENTS
§ 156.200 OBJECTIVES.
To help encourage a more creative approach to the use of land, departures from the city zoning chapter
may be granted by the City Council in the form of Planned Unit Development (PUD) Districts, to achieve:
(A) A maximum choice of living environments by allowing a variety of housing building types and
permitting an increased density per acre and a reduction in lot dimensions, yard, building setbacks and
area requirements;
(B) A more useful pattern of open space and recreation areas and, if permitted as part of the project, more
convenience in the location of accessory commercial uses and services;
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(C) A development pattern which preserves and utilizes natural features, trees and other vegetation, and
prevents the disruption of natural drainage patterns;
(D) A more efficient use of land and a resulting substantial savings through shorter utilities and streets; and
(E) A development pattern in harmony with land use density, transportation facilities and community
facilities objectives of the comprehensive plan.
§§ 156.201 THROUGH 156.209 RESERVED FOR FUTURE USE.
§ 156.210 GENERAL REQUIREMENTS.
A conditional or interim use permit shall be required of all planned unit developments. The city may
approve the PUD only if it finds the development satisfies all the following standards:
(A) The development shall be planned so that it is consistent with the city comprehensive plan;
(B) The PUD is an effective and unified treatment of the development possibilities on the project site and
the development plan provides for the preservation of unique natural amenities such as streams, stream
banks, wooded cover, rough terrain and similar areas;
(C) The planned unit development proposal appears to harmonize with both existing and proposed
development in the area surrounding the project site;
(D) The tract of land shall be under unified control at the time of application and scheduled to be developed
as one unit. In addition, the development plan must include provisions for the preservation of natural
amenities;
(E) Each phase of the proposed development, as it is proposed to be completed, is of sufficient size,
composition and arrangement that its construction, marketing and operation are feasible as a complete
unit, and that provision and construction of dwelling units and common open space are balanced and
coordinated;
(F) The PUD will not create an excessive burden on parks, schools, streets and other public facilities and
utilities which serve or are proposed to serve the district;
(G) The proposed total development is designed in a manner as to form a desirable and unified environment
within its own boundaries;
(H) The plans required under this section must be submitted in a form which will satisfy the requirements of
Chapter 153 for the preliminary and final plats;
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(I) Permission to develop specific parcels of land under the provisions which follow shall be binding on all
construction. Any change in the development plan after approval by the City Council shall be
resubmitted for consideration; and
(J) Subdivision review under the subdivision chapter shall be carried out simultaneously with the review of
a PUD under this section.
§§ 156.211 THROUGH 156.219 RESERVED FOR FUTURE USE.
§ 156.220 USES PERMITTED.
Permitted uses may include any combination of dwelling units in single-family, 2 -family, town or row
houses; any nonresidential use to the extent the nonresidential use is designed and intended to serve the
residents of the planned unit development; public or private education facilities; or other uses permitted in the
zoning district in which the planned unit development is located. When a PUD proposes a mixture of
residential uses with commercial uses, the Council may limit the development of not more than ten percent of
the tract to commercial uses.
§ 156.221 RELATIONSHIP OF PUD SITE TO ADJACENT AREAS.
The design of a PUD shall take into account the relationship of the site to the surrounding areas. The
perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent
properties, and conversely, to minimize undesirable impact of adjacent land use and development characteristics
on the PUD.
§ 156.222 MINIMUM SIZE.
A PUD may be used on any development of more than two (2) residential units. A PUD may be used
for any commercial or industrial development or on developments that include a combination of uses. The
Planning & Zoning Commission may require that any development be submitted as a PUD when in their
opinion the proposed development could be best handled as a PUD.
§ 156.223 MINIMUM LOT SIZE.
The minimum lot size requirements of other sections of this chapter do not apply to a PUD except that
the minimum lot size requirements of the underlying zone shall serve as a general guideline to determine the
maximum dwelling unit density of the total development.
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§ 156.224 SETBACK AND SIDE YARD REQUIREMENTS.
Notwithstanding other provisions of this subchapter, setback and side yard requirements of lots in a
PUD shall be at least equivalent to the spacing requirements of buildings similarly developed under the terms of
this chapter on separate parcels.
§ 156.225 ACCESS TO PUBLIC RIGHT-OF-WAY.
The site of a PUD shall abut, and the major internal street or streets serving the PUD shall be connected
to, at least one primary arterial, or neighborhood collector street.
§ 156.226 UTILITY REQUIREMENTS.
Utilities, including telephone and electrical systems, installed within a PUD shall be placed
underground. Utility appurtenances, which can be effectively screened, may be exempted from this
requirement if the city finds that the exception will be consistent with the objectives of this subchapter and the
character of the proposed PUD.
§ 156.227 OPEN SPACE.
A minimum of 20 percent of the gross land area for private or public open air recreational use protected
by covenants running with the land or by conveyances or dedicated as the Planning and Zoning Commission
may specify shall be an integral part of the plan. These open space areas shall not include land devoted to
streets, parking and private yards. Whenever possible, common open space shall be linked to the open space
areas of adjoining developments. Common open space shall be of a size, shape, character and locations as to be
usable for its proposed purpose.
§ 156.228 PARKING.
Off-street parking and loading space shall be provided in each PUD in the same ratios for types of
buildings and uses as required in the underlying zoning district.
§ 156.229 RESERVED FOR FUTURE USE.
§ 156.230 ARRANGEMENT OF COMMERCIAL USES.
When a PUD includes commercial uses, commercial buildings shall be planned as groups having
common parking areas and common ingress and egress points. Each commercial area shall be separated from
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abutting residential areas by appropriate screens or fences. The design of commercial areas shall provide for the
integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal
traffic, circulation, landscaping and other features and facilities as may be necessary to make the areas attractive
and efficient from the standpoint of adjacent noncommercial areas. Any area which is not to be immediately
improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as specified
by the city.
§§ 156.231 THROUGH 156.239 RESERVED FOR FUTURE USE.
§ 156.240 ARRANGEMENT OF INDUSTRIAL USES.
In any PUD including industrial uses, the industrial uses shall be provided in park -like surroundings
utilizing landscaping and existing woodlands as buffers to screen lighting, parking areas, loading areas and
outdoor storage of raw materials or products. An industrial area in a PUD shall provide for the harmonious
design of buildings and a compact grouping in order to economize in the provisions of required utility services.
Streets in a planned industrial area shall be kept to a minimum in order to reduce traffic. All spaces between the
right-of-way line and the industrial building line and all intervening spaces between buildings, drives, parking
areas and improved areas shall be landscaped with trees and plantings and properly maintained.
§§ 156.241 THROUGH 156.249 RESERVED FOR FUTURE USE.
§ 156.250 PRE -APPLICATION MEETING; PROCEDURE.
Before submitting a formal application for a PUD under this chapter, the developer shall meet with the
Planning and Zoning Commission. The purpose of this meeting is to discuss early and informally the purpose
and effect of this chapter and the criteria and standards contained in this chapter, and to familiarize the
developer with the city's comprehensive plan, including the land use plan, the major thoroughfare plan, and the
parks and open space plan, and with the subdivision regulations and the drainage, sewer and water systems of
the city.
§ 156.251 APPLICATION.
(A) An application for approval of a preliminary development plan for a proposed PUD shall be made to the
Planning and Zoning Commission, by at least one owner or lessee of property for which the PUD is
proposed. The application shall be accompanied by a certified check or money order to cover the costs
incurred in checking and processing the plans in an amount affixed by resolution of the City Council.
(B) The application with accompanying outline development plan shall be submitted (16 copies) and shall
include:
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(1) A vicinity map at a scale of one inch equals 250 feet showing property lines, existing streets,
existing zoning, and any other items as the Planning and Zoning Commission may require to
show the relationship of the proposed PUD to the comprehensive plan of the city, to existing
schools and other community facilities and services, and to the surrounding area;
(2) A preliminary plan of the PUD in schematic form showing the following:
(a) The existing topographic character of the land;
(b) A composite of all natural amenities of the site including steep slopes, drainageways plus
marshes, ponds and lakes;
(c) The size of site and proposed uses of the land to be developed together with an
identification of off-site land use;
(d) The density of land use to be allocated to the several parts of the development;
(e) The approximate location of thoroughfares;
(f) The location of common open space including public schools, parks and playgrounds or
private natural preserves; and
(g) The off-street parking system.
(3) A written statement including the following:
(a) A statement of the ownership of all land involved in the PUD together with a summary of
previous work experience;
(b) An explanation of the general character of the planned development;
(c) A statement describing the ultimate ownership and maintenance of all parts of the
development including streets, structures and open spaces;
(d) A statement describing how all necessary governmental services will be provided to the
development; and
(e) The total anticipated population to occupy the PUD, with breakdowns indicating the
number of school-age children, adults and families.
(4) The proposed schedule for the development of the site; and
(5) A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be in the
public interest and consistent with the objectives specified for PUDs by § this chapter.
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§ 156.252 ACTIONS.
(A)By the Commission. Within 60 days of the filing of the application, the Planning and Zoning
Commission shall hold a public hearing on the proposed PUD following written and published notice as
required for amendments of this chapter. Following the hearing and within 60 days of the filing of the
application or at a later time agreed to by the applicant, the Planning and Zoning Commission shall
recommend approval or disapproval of the preliminary proposal with any changes and conditions as it
may suggest and shall transmit its recommendations to the City Council. In its recommendations the
Commission shall determine whether the proposed PUD is consistent with the objectives for PUDs
specified in § 156.065 and with the comprehensive land use plan of the city; and whether the benefits,
combination of various land uses, if proposed, and the interrelationship with the land uses in the
surrounding area justify the deviation from standard district regulations allowed by this chapter for
PUDs.
(B) By City Council. Upon receipt of the recommendations of the Planning and Zoning Commission, the
Council shall consider the application and, after holding the public hearing as it deems desirable, shall
approve or disapprove the application with the changes or conditions, if any, as it may deem appropriate.
Refusal of any changes or conditions shall constitute denial of the plans by the City Council. Failure of
the landowner to notify the City Council of his or her acceptance or refusal of the modification to the
plan constitutes acceptance of these conditions. No building permits may be issued on land within the
PUD until final plans for the development have been approved by the City Council under the procedures
provided in the following sections.
§ 156.253 PUD AGREEMENT.
The Zoning Administrator shall instruct the City Attorney to draw up a PUD agreement which stipulates
the specific terms and conditions approved by the City Council and accepted by the applicant. This agreement
shall be signed by the Mayor of the city, Administrator and the applicant within 30 days of the City Council
approval of the PUD application and final plat. Where the PUD application and/or final plat is to be
resubmitted or denied approval, the City Council action shall be by written report setting forth the reasons for
its actions.
§ 156.254 FINAL REVIEW AND APPROVAL.
An application for review and approval of the final development plan shall be filed by the applicant with
the Planning and Zoning Commission within six months of the date on which approval of the preliminary plan
was given by the Council. If application for final approval is not made within the time required, the proposal
shall be considered abandoned unless an extension period is requested and granted by the City Council.
§ 156.255 DOCUMENTATION REQUIRED.
The final application shall be accompanied by the following supporting documentation:
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(A) A final plan of the PUD in schematic form including the following:
(1) The street system, lot layout and off-street parking and loading plan;
(2) The use, height, bulk and approximate location of buildings and other structures;
(3) Land areas to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites,
public buildings and similar public and semi-public uses;
(4) A site plan for each building site and common open area, showing approximate location of
buildings, structures and improvements;
(5) Generalized elevations and perspectives of all structures;
(6) A site grading plan indicating the direction of flow of surface drainage and all easements
necessary for both ponding and runoff;
(7) Plans, profiles and specifications for the distribution of water, collection of sanitary waste and
stormwater;
(8) A landscape plan indicating the location, size and type of plant materials to be used;
(9) Plans, profiles, typical sections and specifications for proposed street improvements; and
(10) The density of land use to be allocated to the several parts of the site being developed.
(B) A written statement including:
(1) The approximate date when construction will begin by stage of development and the area of
open space to be provided at each stage;
(2) Agreements, provisions or covenants which govern the use, maintenance and continued
protection of the development and any of its common open areas; and
(3) Other conditions specifically required by the Commission and the Council for the particular
PUD.
§ 156.256 ACTION ON FINAL APPLICATION.
(A) Procedure for action by the Planning and Zoning Commission and the Council on an application for
review and approval of the final plan for a PUD shall be the same as prescribed by this subchapter for
the action on the preliminary proposal. In giving approval, the Council may specify the length of time
within which construction of the project must be begun or completed, and it may attach other conditions
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as seem necessary. The final development plan shall be in general conformance with the preliminary
development plan as approved.
(B) (1) Criteria for approval. The findings necessary for approval of both the preliminary and
final development plans shall be based on the following and describe in what respect the plan would or
would not be in the public interest.
(a) The plan does not conflict with the city comprehensive plan;
(b) The plan is designed to form a desirable and unified development within its own
boundaries;
(c) The proposed uses will not be detrimental to present and future land use in the
surrounding area;
(d) Any exceptions to the standard requirements of the zoning and subdivision chapters are
justified by the design of the development; and
(e) The plan will not create an excessive burden on parks, schools, streets and other public
facilities and utilities which serve or are proposed to serve the PUD.
(2) Noncompliance. In the event the plan as submitted for final approval is not in substantial
compliance with the preliminary development plan, the Zoning Administrator shall notify the
applicant within 45 days of the date of application, setting forth the ways in which the plan is not
in substantial compliance.
(a) The applicant may treat the notification as denial of preliminary approval;
(b) The applicant may refile his or her plan so that it does substantially comply with the
outline development plan; or
(c) The applicant may file a written request with the Planning and Zoning Commission that it
hold a public hearing on his or her request for final approval. Any hearing shall be held
within 30 days after the request for the hearing. Within 45 days of the hearing, the
Planning and Zoning Commission shall either grant or deny preliminary approval to the
plan.
(3) Final approval. The City Council shall review and approve the final development plan if it is in
substantial compliance with preliminary development plan. Following this, the applicant shall
record the final development plan in the manner provided for recording subdivision plats. If the
final development plan is not in substantial compliance, the applicant shall be requested to repeat
the procedures outlined for the preliminary development plan. Approval may be conditioned on
the applicant executing a PUD agreement.
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§ 156.257 TIME LIMIT.
If work on the PUD is not started within the time limits prescribed in the PUD agreement, approval shall
terminate unless an extension period is requested or granted by the City Council.
§ 156.258 AMENDMENTS -CHANGES TO THE PUD PLAN.
Amendments may be made in the approved final plan when they are shown to be required by changes in
conditions that have occurred since the final plan was approved or by changes in the development policy of the
city.
(A) Minor changes in the location, siting, and height of buildings and structures may be authorized by the
City Engineer if requested by engineering or other unforeseen circumstances.
(B) All other changes in use, rearrangement of lots, blocks and open space, must be authorized by the City
Council under procedures outlined for amendment of this chapter.
§ 156.259 COMPLETION.
(A) Completion of the PUD shall be certified by the Planning and Zoning Commission on the final
development plan. Thereafter, the use of land and the construction, modification or alteration of any
buildings shall be governed by the approved final development plan.
(B) Changes may be authorized only under the procedures provided below:
(1) Minor extensions, alterations or modifications of existing structures may be authorized by the
Planning and Zoning Commission if they are consistent with the intent and purpose of the final
plan and do not increase the cube of any building or structure by more than 10%; and
(2) Changes in the use of common open space or the replacement of any building substantially
destroyed which exceeds the intent and purposes of the final development plan may be
authorized only by amendment to the final development.
§ 156.260 SITE IMPROVEMENTS.
At any time following the execution of a PUD agreement and receiving a notice to proceed from the
City Administrator, the applicant may, pursuant to the applicable codes of the city, apply for and the Zoning
Administrator may issue grading permits for the area within the PUD for which development stage plan
approval has been given.
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§ 156.261 CONSTRUCTION.
The construction and provisions of all the common open spaces and public and recreational facilities
which are shown on the final development plan must proceed at the same phase as the construction of dwelling
units. At least once every six months following the approval of the final development plan, the Zoning
Administrator shall review all of the building permits issued for the planned development and examine the
construction which has taken place on the site. If he or she 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 or she shall forward this information to the City Council, which may revoke the
PUD Permit.
§ 156.262 MAINTENANCE OF COMMON OPEN SPACE.
All land shown on the final development plan as common open space must be conveyed to a
homeowners' association or similar organization for the maintenance of the planned development. The
common open space must be conveyed to the homeowners' association or similar organization subject to
covenants, to be approved by the City Council, which restrict the common open space to the uses specified on
the final development plan, and which provide for the maintenance of the common open space in a manner
which assures its continuing use for its intended purpose.
§ 156.263 HOMEOWNERS' ASSOCIATION.
If a homeowners' association or cooperative is created, the applicant shall submit plans at the time of
final plan of development and documents which explain:
(A) Ownership and membership requirements;
(B) Articles of incorporation and bylaws;
(C) Time at which the developer turns the association over to the homeowners;
(D) Approximate monthly or yearly association fee for homeowners; and
(E) Specific listing of items owned in common including items as roads, recreation facilities, parking,
common open space ground and utilities.
ADMINISTRATION
§ 156.300 PERFORMANCE STANDARDS.
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Teresa Bender
From: Samantha Berger <SBerger@ricecreek.org>
Sent: Tuesday, April 04, 2017 4:15 PM
To: Teresa Bender
Subject: RE: Waterworks Property easementd...
Well, he would need to address them separately and it would be dependent on whether or not he is impacting wetlands
and there are wetlands onsite and whether or not there will be floodplain impacts. I asked this question to determine
who would be the best person for Rick to talk to. If it's a wetland question, he would need to talk to Nick in our office.
I can just plan to give Rich a call to discuss.
Thanks,
Sam
Samantha Berger,
Sberger@ricecreek.org
District Technician
Rice Creek Watershed District
4325 Pheasant Ridge Drive NE #611
Blaine, MN 55449-4539
Direct: (763) 398-3084
www.ricecreek.org
- RCW D
WVvZ RICE CREEK WATERSHED DISTRV
Please consider following the RCWD on Facebook.
From: Teresa Bender[mailto:TBender@CENTERVILLEMN.com]
Sent: Tuesday, April 04, 2017 4:11 PM
To: Samantha Berger <SBerger@ricecreek.org>
Subject: RE: Waterworks Property easementd...
Dear Samantha:
Mike is currently out of the office.
How would the owner address both?
Sincerely,
Teresa
From: Samantha Berger[mailto:SBergerCabricecreek.orcI
Sent: Tuesday, April 04, 2017 4:10 PM
To: Mike Ericson; ride1405@hotmail.com; Kurt B. Glaser; Paul Palzer
Cc: Nicholas Tomczik; Phil Belfiori; Charles Roberts; Teresa Bender
Subject: RE: Waterworks Property easementd...
Mike,
Thanks for the email. I am curious, are we talking 1 to 1 for floodplain impacts or for wetland items?
Let me know.
Sam
Samantha Berger,
SbergerC@ricecreek.org
District Technician
Rice Creek Watershed District
4325 Pheasant Ridge Drive NE #611
Blaine, MN 55449-4539
Direct: (763) 398-3084
www.ricecreek.org
SCRCWD
WE (WK WATERSHED IXT1W
Please consider following the RCWD on Facebook.
From: Mike Ericson [mailto:MEricson@CENTERVILLEMN.com]
Sent: Tuesday, April 04, 2017 8:44 AM
To: ride1405@hotmail.com; Kurt B. Glaser <KurtGlaser@GlaserLaw.Net>; Paul Palzer <PPalzer@CENTERVILLEMN.com>
Cc: Nicholas Tomczik <ntomczik@ricecreek.org>; Samantha Berger <SBereer@ricecreek.ore>; Phil Belfiori
<PBelfiori@ricecreek.org>; Charles Roberts <CRoberts@CENTERVILLEMN.com>; Teresa Bender
<TBender@CENTERVILLEMN.com>; Mike Ericson <MEricson@CENTERVILLEMN.com>
Subject: Waterworks Property easementd...
Rich...
Staff completed research on your property and have discovered the attached. Please review and comment.
Sam.................please call Rich @ 651-231-0334 as he has some questions about the one to one replacement.
Thanks.
Mike
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This email has been scanned by the Symantec Email Security.cloud service.
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