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HomeMy WebLinkAbout1991-04-22 Minutes Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held a public hearing on Monday, April 22, 1991 at the City Hall. The purpose of the hearing was to hear all persons present regarding the possibility of amending Ordinance #4, Article 5, PLANNED UNIT DEVELOPMENTS and adding APPENDIX C - MULTI - FAMILY DWELLINGS. Chairperson Tourville called the public hearing to order at 7 :10 p.m. Present: Wilharber, Welk, Vermeulen, City Council Liaison Burgstahler. Absent: Drilling. Chairperson Tourville summarized the proposed amendments to the members of the Planning and Zoning Commission and audience. Chairperson opened the public hearing to the audience for comment. It was noted that there was no developers present and no comment was offered from members of audience. Motion by Wilharber, second by Vermeulen to adjourn the public hearing, motion carried unanimously. Public Hearing adjourned 7:16 p.m. Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held a public hearing on Monday, April 22, 1991 at the City Hall. The purpose of the hearing was to hear all persons present regarding the possibility of granting variances from Ordinance #4 in order that a garage (nonconforming structure and nonconforming use) may be remodeled to be enlarged. The property for which the variances are requested is described as: Auditor's Subdivision number 48, revised lot 9 Auditor's Subdivision 48, revised. Including 1/2 of vacated street lying west of and adjacent to Lot 9, And the 1/2 of vacated street lying adjacent to and east of Lot 1 and 2 in Block 3 in Village of Centerville 10/28/63. (Subject to sanitary sewer easement to Centerville 2- 24 -77) The property is commonly referred to as 1759 Main Street. Said property is in a C -1 Conservation Zoning District and is within the Flood Plain. Chairperson Tourville called the public hearing to order at 7:17 p.m. Present: Wilharber, Welk, Vermeulen, City Council Liaison Burgstahler. Absent: Drilling. Chairperson Tourville opened the public hearing to members of the audience for comment. Kyle Kilmer, 1759 Main Street, was present. Mr. Kilmer noted that he is the property owner. The variance request is a result of a purchase agreement for the property by Richard W. Tuomi. Mr. Kilmer noted that the garage is too small for a full size truck to be park inside. P &Z Meeting Minutes April 22, 1991 page two Richard Tuomi was present. Mr. Tuomi presented the Planning and Zoning Commission with a letter dated April 22, 1991 detailing his variance request. A copy of Richard Tuomi letter dated April 22, 1991 is on file with the Clerk /Administrator. Jerry Helmbrecht, 1745 Main Street, was present. Mr. Helmbrecht expressed to the Planning and Zoning Commission that he would not have a problem with the present garage being expanded. Commission member Wilharber questioned by Mr, Tuomi if the garage would be expanded in its same location. Mr. Tuomi stated that the garage would not be any closer to the creek and it would be within the side yard setback requirement. Motion by Welk, second by Vermeulen to adjourn the public hearing, motion carried unanimously. Public hearing adjourned 7:35 p.m. Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held their regular meeting on Monday, April 22, 1991 at the City Hall. Chairperson Tourville called the meeting to order at 7:36 p.m. Present: Wilharber, Welk, Vermeulen, City Council Liaison Burgstahler. Absent: Drilling. Motion by Welk, second by Tourville to approve the February 6, 1991 meeting minutes, motion carried unanimously. Motion by Welk, second by Wilharber to approve the March 25, 1991 meeting minutes, Aye - Tourville; Aye - Welk; Aye - Wilharber; Abstain - Vermeulen, motion carried. Approval of the March 5, 1991 meeting minutes was tabled until the appropriate Planning and Zoning Commission members were in attendance. OLD BUSINESS Possibility of Amending Ordinance #4, Article 5 PLANNED UNIT DEVELOPMENT and adding APPENDIX C - MULTI - FAMILY DWELLINGS Motion by Wilharber, second by Vermeulen to recommend that the City Council amend Ordinance #4, Article 5, PLANNED UNIT DEVELOPMENTS and adding APPENDIX C - MULTI- FAMILY DWELLINGS with the following corrections: P &Z Meeting Minutes April 22, 1991 page three APPENDIX C - MULTI - FAMILY DWELLINGS: Request that the City Engineer clarify C -5 - Parking Requirements (10.) The maximum driveway angle from two -way access street shall be ninety (90) degrees; from a one -way street it shall be thirty (30) degrees; - That the duplicate C -5 be corrected and all other sections be re- numbered correctly; - Add to: C -6 Landscape provision. The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, etc., so that no portion of the site remains undeveloped. Natural features worthy of preservation may be left unimproved. - Amend C -8 - General building or structural requirements. (12.) Now Reads: No air conditioning unit shall protrude from any exterior wall except to the extent required for proper functioning. A grill designed to appear as an integral part of the wall shall be placed to screen the protruding portion of the air conditioner. Amend to Read: No air conditioning unit shall protrude from any exterior wall except to the extent required for proper functioning. motion carried unanimously. A copy of the proposed amendments Ordinance #4, Article 5, PLANNED UNIT DEVELOPMENT and the addition of APPENDIX C - MULTI- FAMILY DWELLINGS are attached to and made a part of these minutes. NEW BUSINESS Request for variances from Ordinance #4 - 1759 Main Street Commission member Wilharber complimented Mr. Tuomi on his presentation. Mr. Wilharber expressed that as long as the neighbor's were okay with the expansion of the garage he would not have a problem with the variance request. Mr. Wilharber also expressed that, in his opinion, the remodeling of the garage would be an improvement. Mr. Wilharber also expressed disagreement the Greg Hellings', City Attorney, letter dated April 10, 1991 regarding Richard W. Tuomi variance request. P &Z Meeting Minutes April 22, 1991 page four A copy of Greg Hellings ", City Attorney, letter dated April 10, 1991 regarding the Richard W. Tuomi variance request is on file with the Clerk /Administrator. Commission member Vermeulen expressed that in her opinion the enlargement of the garage could be an improvement /benefit for the property owner and the City. Commission member Welk expressed that she felt it could look better to have the garage enlarged. Commission member Welk questioned the zoning (C -1 Conservation District) of the property. Chairperson Tourville noted that State law does not permit the granting of a variance for the use of a property. Mr. Tourville noted that he would be in favor of rezoning the property to residential, providing the property is not in the flood plain. Chairperson Tourville would like the City Engineer to comment on whether the C -1 Conservation Zoning District follows the 100 year flood plain. It appeared to be the consensus of the Planning and Zoning Commission that they would be in favor of rezoning the property if the property owner were to request it be rezoned. Mr. Tuomi stated that he would be in favor of requesting the property be rezoned. Jerry Helmbrecht, 1745 Main Street, questioned why the property had been rezoned from Residential to Conservation. Commission member Wilharber expressed that at the time the City was looking for areas of the City that could be used for future park land or a trail system along Clearwater Creek. Concern also was for the flood plain. Tamara Miltz- Miller, Clerk /Administrator, was present. Ms. Miltz- Miller noted that the Flood Plain Reduction Study should not decrease the flood plain area on the Tuomi property. Chairperson Tourville advised Mr. Tuomi to get elevation of the site of the new garage site. Ms. Miltz- Miller noted that Mr. Tuoumi should have a certified Surveyor certify that the property is out of the flood plain. It lys nptpd thpt nhnuld the property be rezoned to residential, variances would still be required to expand the garage. The variances required would be for the rear setback requirement and P &Z Meeting Minutes April 22, 1991 page five for 10% of the rear yard occupied. Motion by Wilharber, second by Vermeulen to table Richard W. Tuomi request for variance until application for rezoning of the subject property, motion carried unanimously. Request for Special Use Permit - Site Plan Ronald K.Lehrke Lot 9, Block 1 Centerville Industrial Park Mr. Lehrke was present. Mr. Lehrke noted that the proposed building would consist of office and warehouse space. The warehouse space would be used to store vehicles and the office space would be rented. Tim Rehbine, REMAX Realty, was present. Mr. Rehbine noted that the lot is located in the flood plain. In his opinion, the building pads are graded at 906 or 906.4 fleet. A letter dated April 19, 1991 from John Stewart, City Engineer, regarding the site review of building plan, Lot 9 Centerville Industrial Park was reviewed. In Mr. Stewart's letter he noted that City Ordinance #33A requires that the construction of a building be such that the lowest level be two (2) feet above the 100 year flood elevation. This would require that the building pad for Mr. Lehrke proposed building be raised to 908.4 feet to comply with Ordinance #33A. The members of the Planning and Zoning Commission and Liaison Burgstahler discussed the intent of the Flood Plain Reduction Study which may effect Centerville's Industrial Park. It appeared to be the consensus of the members present that the Industrial Park could be made an exception to Ordinance n t the f n i view of the fact that money has been spent to plain in this area. It was noted that the lowest areas would still remain within the flood plain. A letter dated April 18, 1991 from Tamara M. Miltz- Miller was discussed. Mr. Lehkre did not feel that he would have a problem correcting the areas pointed out in this letter. Commission member Wilharber noted that the proposed building would be serviced by 21st Street, which is an unimproved street. Mr. Wilharber questioned if Mr. Lehkre would have a problem in the spring with vehicles possibly not be able to maneuver the street. Mr. Lehkre noted most of the trucks are two ton trucks and are similar to those that presently use the street. He felt that there should not be a problem. P&Z Meeting Minutes April 22, 1991 page six Motion by Vermeulen, second by Wilharber to recommend to the City Council the Site Plan approval of Mr. Ronald Lehkre for Lot 9, Block 1 Centerville Industrial Park continent upon City Council's resolution of the flood plain elevations as recommend by the City Engineer; - If a variance is required from the flood plain elevations, the Planning and Zoning Commission would support the granting of a variance; - That all concerns list by the Clerk /Administrator in the letter to Ronald K. Lehrke dated April 18, 1991, regarding preliminary comments on the site plan submitted be addressed; motion carried unanimously. A copy of John Stewart's, City Engineer, letter dated April 19, 1991 regarding the site review of building plan Lot 9 Centerville Industrial Park is on file with the Clerk /Administrator. A copy of Tamara Miltz- Miller's, Clerk /Administrator, letter date April 18, 1991 regarding Ronald K. Lehrke site plan is on file with the City Office. Ordinance #8, Article 26.10 - proposed amendments (cul -de -sacs) It was noted that per John Stewart's, City Engineer, letter dated April 18, 1991 regarding an amendment to Ordinance #8 right -of- way at cul - de - sacs, that it would be appropriate to recommend to the City Council that Ordinance #8, Article 26.10 be amend per the City Engineer's recommendation. Motion by Vermeulen, second by Wilharber to recommend that the City Council amend Ordinance #8, Section 26.19 as follows: Now Reads: STREET DESIGN STANDARDS ARTERIAL COLLECTOR LOCAL CUL - DE -SAC Right -of -way 120' 66' 60' 75'radius Amend to Read: STREET DESIGN STANDARDS ARTERIAL COLLECTOR LOCAL CUL - DE -SAC Right -of -way 120' 66' 60' 60'radius motion carried unanimously. The letter dated April 18, 1991 from John Stewart, City Engineer, regarding right - of -way at cul - de -sacs is on file with the Clerk /Administrator. P&Z Meeting Minutes April 22, 1991 page seven Adjourn Motion by Vermeulen, second by Wilharber to adjourn the meeting, motion carried unanimously. Meeting adjourned 9:05 p.m. Respectfully submitted, tuii E. Y /c“-' Sanna E. Buckbee Assistant City Clerk APPENDIX C - MULTIFAMILY DWELLINGS C -1 - Special Use Permits - In the Zoning Districts where multi- family dwellings are permitted special use permits may be issued in accord with the following: (1) Purpose. Certain uses can be unsuitable in multiple - family residential districts because of inherent nuisance characteristics (e.g. traffic, noise, appearance, glare), commercial character or other conditions that would tend to adversely affect the residential character of the area and reduce property values. Nevertheless, those uses, under certain conditions, may not be detrimental provided they are properly located and developed. (2) Criteria. No special use permits shall be granted in a multiple - family residential district unless the City Council shall find that: i. The proposed use will not cause a traffic hazard or congestion. ii. Adjacent residential areas will not be adversely affected because of traffic generation, noise, glare, appearance or other nuisance characteristics. iii. Nuisances generated by the use will not have an adverse affect upon existing and /or future development of adjacent areas. When permits are granted, they shall be periodically reviewed to ensure continued compliance with this requirement. iv. The use is consistent with other uses and the purpose for the multiple - family residential district in which it is located. In addition, the following standards shall be applicable. C -2 - Data. - All requests for multi - family dwellings (greater than two units) or special use permit shall be accompanied by a series of site plans and data showing: (1.) Building locations, dimensions, and elevations, all signs, structures, entry areas, storage sites, and other structural improvements to the site. (2.) Circulation plans for both pedestrian and vehicular. (3.) Fences and screening devices. (4.) Solid waste disposal provisions and facilities. (5.) Storm drainage plans. (6.) Fire fighting and other public safety facilities and provisions such as fire lanes. (7.) Data pertaining to numbers of dwelling units, sizes, lot area, ratio, etc. (8.) Exterior wall materials and design information. (9.) A grading plan illustrating the proposed grade changes like two All site area, when fully developed, shall be completely graded so as to adequately drain and dispose of all surface water, storm water and groundwater in such a manner as to preclude large scale erosion, unwanted ponding and surface chemical runoff. (10.) A recreation plan illustrating in detail all recreational facilities and structures. (11.) A landscape plan including number, species, and size (diameter) of all plantings. The landscape plan will also denote the location of all existing tree including number, species, size (diameter) and which tree will be removed. (12.) A soil erosion control plan for the construction period. Areas within the construction zone shall be fenced with construction limit fencing as per the plan to prohibit heavy machinery and /or material from being placed on areas not be disturbed during construction. This shall, at a minimum, include all elopes in excess of eighteen (18) percent. (13.) Park dedication. C -3 - Height. setback and land area reouirements. (1.) Maximum height: Three (3) stories or forty (40) feet. (2.) Multi- family: a. Efficiency unit: Two thousand three hundred (2,300) square feet (maximum number of efficiency unit, no more than five (5) percent of the total number of units.) b. One- bedroom: Two thousand nine hundred twenty -five (2,925) square feet. c. Two - bedroom: Three thousand six hundred (3,600) square feet. d. Three - bedroom: Four thousand two hundred seventy - five (4,275) square feet. (3.) Maximum density shall be consistent with the comprehensive plan. a. Low density area ranging from one half (1/2) to two (2) units per acre. b. Moderate density area ranging from two (2) to four (4) units per acre. c. Medium or high density area ranging from five (5) to twelve (12) units per acre. (4.) Front yard: Thirty (35) feet. a. Adjacent to arterial, collector or freeway, eighty (80) feet. (5.) Side yard: Ten (10) feet. a. If side yard faces a major road (collector and up), fifty (50) feet. (6.) Rear yard. Twenty -five (25) feet. a. If a side yard faces a major road (collector and up), fifty (50) feet. C -4 - Minimum floor area. The following minimum floor areas shall be required: page three (1.) Efficiency units, six hundred eighty (680) square feet. (2.) One- bedroom units, eight hundred (800) square feet. (3.) Two - bedroom units, nine hundred twenty (920) square feet. (4.) Three - bedroom units, one thousand forty (1,040) square feet. (5.) Additional bedrooms over three (3) add one hundred fifty (150) square feet per bedroom to the unit. C -5 - Parking requirements. (1.) There shall be two and one -half (2 1/2) parking spaces per unit, of which one (1) should be indoors, shall be provided on the same site as the dwelling unit. Each space shall not be less than nine (9) feet wide and twenty (20) feet in length, or as approved by the zoning administrator, and each space shall be served adequately with access drives. (2.) Parking spaces shall not be within twenty (20) feet of the front lot line, ten (10) feet of the rear lot line, or ten (10) feet of the side lot line. (3.) Driveways shall be a minimum of ten (10) feet from all lot lines. (4.) Bituminous or concrete driveways and parking areas with concrete curb and gutter shall be required. (5.) All enclosed parking spaces shall be designed with sufficient enough area to allow temporary parking of vehicles on the access way without interfering with the access to other required spaces. (6.) The minimum width of any two -way driveway shall be twenty -four (24) feet and the minimum width of any one - way shall be sixteen (16) feet. (7.) The minimum distance between curbs of driveways at the right -of -way shall be twenty (20) feet. (8.) Every aisle in a parking lot shall be a minimum of twenty -five (25) feet in width. (9.) No driveway shall be less than one hundred (100) feet from any right -of -way of a street intersection. (10.) The maximum driveway angle from two -way access street shall be ninety (90) degrees; from a one -way street it shall be thirty (30) degrees. C -6 - Landscape provision. The design shall make use of all land contained in the site. All of the site shall be related to the circulation, recreation, screening, building, storage, landscaping, etc., so that no portion of the site remains undeveloped. Natural features worthy of preservation may be left unimproved. C -7 - Screening. (1.) Screening to a height of at least five (5) feet shall be required when: a. Any off - street parking area contains more than six (6) parking spaces and is within thirty (30) feet page four of an adjoining residential zone; and b. Where the driveway to a parking area of more than six (6) parking spaces is within thirty (30) feet of an adjoining residential zone. (2.) All exterior storage shall be screened. The exterior storage screening required shall consist of a solid fence or wall not less than five (5) feet high, but shall not extend within fifteen (15) feet of any street, driveway, or lot line. (3.) Sidewalks shall be provided from parking areas, loading zones and recreation areas to the entrances of the building. (4.) Outdoor swimming pools or other intensive recreation shall observe setbacks required for the principal structure. C -8 - Appearance. All buildings within a multi - family development shall be so planned that each exterior vertical surface is subject to the same standards and requirements for the front of the building. C -9 - General building or structural requirements. (1.) Requirements for exterior wall surfacing and covering. All multiple family dwelling buildings shall be designed and constructed to have the equivalent of a front appearance on each exterior surface. (2.) Open air drying of clothes shall not be permitted on the grounds of multiple family dwellings except when the following conditions are met: a. The areas for open air drying of clothes are specifically drawn on the original sit plans. b. A durable and dustless surface and adequate PUBLIC screening is provided for the entire area to be used for the drying of clothes. (3.) Each multiple family dwelling development containing more than four (4) dwelling units shall include a play area with a minimum size of two hundred (200) square feet per unit. (4.) Any blighting or deteriorating aspects of the multiple family dwelling development shall be placed or absorbed by the site itself, rather than by neighboring residential uses. This provision particulary applies to the location of parking areas. (5.) The design shall make use of all land contained in the site and shall be related to the multiple family use, either parking, circulation, recreation, landscaping, screening, building, storage, etc., so that no portion remains undeveloped. (6.) Except with multiple family dwellinge of four (4) or less units, no exterior trash or garbage disposal or storage shall be permitted. In the case of multiple family dwellings of four (4) units or less, there shall be no exterior incineration and all storage shall be page five completely enclosed by walls and roof. (7.) Refuse, either combustible or noncombustible, shall be contained in a rodent proof, screen structure near the principle building. The design of the space or room in which refuse is deposited shall meet the approval of the city fire marshal, and city health officer. Access doors large enough to allow bin type refuse containers to be removed for loading in refuse trucks shall be a part of the design of the refuse storage space. Refuse must be removed from the premises at least once per week. Refuse shall be removed from the premises by a licensed trash pickup service. (8.) Disposal of organic food waste normally encountered during the preparation of food and left over food shall be disposed of by a grinding unit installed in one sink in each dwelling unit. (9.) Open air incineration is prohibited. gas, fuel oil, or electric aided incinerators located in the principal structure or in an accessory structure shall be prohibited. (10.) All corridors in structures housing three (3) or more dwelling units shall be at least five (5) feet in width. (11.) All multiple residence dwelling units shall provide a minimum of ninety -six (96) cubic feet of miscellaneous storage space for each dwelling unit within the structure. Such space shall be in addition to normal storage space provided in wardrobes, cabinets, closets and linen closets. (12.) No air conditioning unit shall protrude from any exterior wall except to the extent required for proper functioning. (13.) To insure proper footings, soil borings shall be taken. The boring locations shall be submitted and approved by the city engineer and shall be noted in a boring log to be present to the city building inspector At the time application is made for a building permit. The boring locations and map shall become a part of the building permit file. (14.) No multiple residence dwelling unit shall be so constructed as to have more than forty (40) percent of the horizontal lineal distance of a unit's exterior wall below ground. Continuous window wells or other selective excavation shall not be used to circumvent this restriction. Areas which do not qualify as dwelling units because of the restriction may be used for recreation, amusement, storage, or as utility areas. page six C -10 - Quasi -pubic structures. No quasi - public structure shall be located within the public right -of -way except by permit, such structure shall include but not limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stair, stoops, light wells, loading wells, signs, newspaper boxes, and others. NOW READS: ARTTCLE 5 - PLANNED UNIT DEVELOPMENTS 51. OBJECTIVES. To help encourage a more creative approach to the use of land, departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of Planned Unit Development Districts to achieve: 51.01. 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; 51.02. 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; 51.03. A development pattern which preserves and utilizes natural features, trees and other vegetation, and prevents the disruption of natural drainage patterns; 51.04. A more efficient use of land and a resulting substantial savings through shorter utilities and streets. 51.05. A development pattern in harmony with land use density; transportation facilities, and community facilities objectives of the comprehensive plan. 52. GENERAL REQUIREMENTS. Planned Unit Developments shall meet the following requirements: 52.01. The development shall be planned so that it is consistent with the Centerville Comprehensive Plan. 52.02. The planned unit development proposal appears to harmonize with both existing and proposed development in the area ,urrounding the project site. page seven 52.03. 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. 52.04. 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. 52.05. Subdivision review under the subdivision ordinance shall be carried out simultaneously with the review of a Planned Unit Development under this section of the Zoning Ordinance. 53, USES PERMITTED. Permitted uses may include any combination of dwelling units in single family, two family, town or row houses; any non - residential use to the extent such non - residential 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 (10) percent of the tract to commercial uses. 54. STANDARDS. 54.01. GENERAL. Every PUD shall conform to the standards prescribed in this section. 54.02. 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 PLOD, 54.03. MINIMUM SIZE. A PUD shall consist of at least two and one -half (2 1/2) acres. 54.04. MINIMUM LOT SIZE. The minimum lot size requirements of other sections of this ordinance do not apply to a PUD except that the minimum lot size requirements of the underlying zone shall serve as the criterion to determine the maximum dwelling unit density of the total development. Density increases up to twelve (12) percent from those outlined in Table B may be allowed in proportion to the number of conditions listed immediately below which have been fulfilled provided that traffic patterns will not be adversely affected and that public utilities and facilities are adequate. • • • • n. page eight (1) Undeveloped common open (5) percent. (2) Improved common open space (5) percent. (3) Distinctiveness and excellence, as determined by City Planner, in setting, design and landscaping (3) percent. (4) Location adjacent to existing or proposed arterial streets (3) percent. 54.05. SETBACK AND SIDE YARD REQUIREMENTS. Notwithstanding other provisions of this article, 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 ordinance on separate parcels. 54.06. 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. 54.07. 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 excepted from this requirement if the city finds that such exception will be consistent with the objectives of this article and the character of the proposed PUD. 54.08. OPEN SPACE. A minimum of twenty (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 Commission may specify shall be an integral part of the plan. Such 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 such size, shape, character, and locations as to be usable for its proposed purpose. 54.09. 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. 54.10 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 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 such other features and facilities as may be necessary to make the areas attractive and efficient from the standpoint of adjacent non- commercial areas. Any area which is not to be immediately page nine improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as specified by the city. 54.11. 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. 55. PROCEDURE 55.01. GENERAL. Planned unit developments shall be proposed and approved in accordance with this section. 55.02. PRE - APPLICATION MEETING. Before submitting a formal application for a PUD under 55.03, the developer shall meet with lit he Planning and Zoning Commission. The purpose of this meeting s to discuss early and informally the purpose and effect of this ordinance and the criteria and standards contained in the ordinance 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. 55.03. APPLICATION. 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 such plans in an amount affixed by resolution of the City Council. The application with accompanying Outline Development Plan shall be submitted in 12 copies and shall include: 55.03 -1 - A vicinity map at a scale of 1 inch equals 250 feet showing property lines, existing streets, existing zoning, and such other items as the Planning 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. -age ten o5.03 -2 - A preliminary plan of the PUD in schematic form showing the following: (1) The existing topographic character of the land. (2) A composite of all natural amenities of the site including steep slopes, drainage ways plus marshes, ponds and lakes. (3) The size of site and proposed uses of the land to be developed together with an identification of off -site land use. (4) The density of land use to be allocated to the several parts of the development. (5) The approximate location of thoroughfares. (6) The location of common open space including public schools, parks and playgrounds or private natural preserves. (7) The off - street parking system. 55.03 -3 - A written statement including the following: (1) A statement of the ownership of all land involved in the Planned Unit Development together with a summary of previous work experience. (2) An explanation of the general character of the planned development. (3) A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces. (4) A statement describing how all necessary governmental services will be provided to the development. (5) The total anticipated population to occupy the Planned Unit Development, with breakdowns indicating the number of school age children, adults and families. 55.03 -4 - The proposed schedule for the development of the site: 55.03 -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 PUD's by section 51. 55.04. ACTION BY COMMISSION. Within 30 days of the filing of the application, the Planning Commission shall hold a public hearing on the proposed PUD following written and published notice as required for amendments of the ordinance. Following such hearing and within 60 days of the filing of the application or at a later time agreed to by the applicant, the Planning Commission shall recommend approval or disapproval of the preliminary proposal with such changes and conditions as it may suggest and shall transmit its recommendations to the City until. In its recommendations the Commission shall determine I .__ether the proposed PUD is consistent with the objectives for page eleven nned Unit Developments specified in Section 51 and with the Comprehensive Land Use Plan of the City; and whether the benefits, combination of various land uses, if proposed, and the inter - relationship with the land uses in the surrounding area justify the deviation from standard district regulations allowed by this ordinance for PUD's. 55.05. ACTION BY COUNCIL. Upon receipt of the recommendations of the Planning Commission, the Council shall consider the application and, after holding such public hearing as it deems desirable, shall approve or disapprove the application with such changes or conditions, it 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 land owner to notify the City Council of his acceptance or refusal of the modification to the plan constitute 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. 55.06. 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 the of the date on which approval of the preliminary plan was en 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. 55.07. DOCUMENTATION REQUIRED. The final application shall be accompanied by the following supporting documentation: 55.07 -1 - 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 page tweleve distribution of water, collection of sanitary waste and storm water. (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. (10) The density of land use to be allocated to the several parts of the site being developed. 55.07 -2 - 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. (3) Other conditions specifically required by the Commission and the Council for the particular PUD. 55.08. ACTION ON FINAL APPLICATION. Procedure for action by the Planning 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 article 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 be completed, and it may attach such other conditions as seem necessary. The final development plan shall be in general conformance with the preliminary development plan as approved. 55.08 -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. (1) The plan does not conflict with the Centerville Comprehensive Plan. (2) The plan is designed to form a desirable and unified development within its own boundaries. (3) The proposed uses will not be detrimental to present and future land use in the surrounding' area. (4) Any exceptions to the standard requirements of the zoning and subdivision ordinances are justified by the design of the development. (5) 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 Planned Unit Development. 55.08 -2 - NON- COMPLIANCE. In the event the plan as submitted for final approval is not in substantial compliance with the preliminary development plan, the Planning and Zoning Commission shall notify the applicant within forty -five (45) days of the 'age thirteen date of application, setting forth the ways in which the plan is not in substantial compliance. (1) The applicant may treat such notification as denial of preliminary approval; or (2) The applicant may refile his plan so that it does substantially comply with the outline development plan; or (3) The applicant may file a written request with the Planning and Zoning Commission that it hold a public hearing on his request for final approval. Any such hearing shall be held within thirty (30) days after the request for such hearing. Within forty -five (45) days of such hearing the Planning and Zoning Commission shall either grant or deny preliminary approval to the plan. 55.08 -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. 35.09. TIME LIMIT. If work on the PUD is not started within three months of the proposed schedule date after final approval has been granted, approval shall terminate unless an extension period is requested or granted by the City Council. 55.10. ANNUAL REVIEW. The Planning and Zoning Commission shall review all Planned Unit Development districts within the City at least once each year and shall make a report to the City Council on the status of the development in each of the Planned Unit Development districts. If the City Council finds that development has not occurred within a reasonable time after the original approval, the City Council may instruct the Planning and Zoning Commission to initiate rezoning to the original zoning district by removing the Planned Unit Development district from the official zoning map. 55.11. AMENDMENTS. 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. (1) 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. (2) All other changes in use, rearrangement of lots, blocks, and open space, must be authorized by the City Council under procedures outlined for page page fourteen amendment of the Zoning ordinance. 55.12. COMPLETION. Completion of the Planned Unit Development 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. Changes may be authorized only under the procedures provided below: (1) Minor extension, 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 ten (10) percent. (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. AMEND TO READ: ARTICLE 5 PLANNED UNIT DEVELOPMENTS 51. PURPOSE. The purposes of this article are: 51.01 To encourage a more creative and efficient development of land and its improvements through the preservation of natural features and amenities than is possible under the more restrictive application of zoning requirements such as lot sizes, height and building setbacks, while at the same time, meeting the standards and purposes of the comprehensive plan and preserving the health, safety, and welfare of the citizens of the City. 51.02 To allow for the potential mixture of uses in an integrated and well planned area. 51.03 To ensure concentration of open space into more usable areas, preservation and utilization of the natural resources of the site and prevents the disruption of natural drainage patterns. 51.04 To facilitate the economical provision of streets and pubic utilities. 52 GENERAL REQUIREMENTS. A special use permit shall be required of all PUD. The City may approve the PUD only if it finds that the development satisfied all the following standards: page fifteen 52.01 The PUD is consistent with the City Comprehensive, Sewer Master Plan, Water Master Plan and Storm Sewer Master Plan. 52.02 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. 52.03 The PUD will be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. The uses proposed will not have an undue and adverse impact on the reasonable enjoyment of neighboring property and will not be detrimental to potential surrounding uses. 52.04 The tract under consideration is under single ownership or control. An application for PUD approval must be filed jointly by all landowners. In the case of multi- ownership, the approved final plat shall be binding on all landowners. 52.05 The tract is at least two (2 1/2) acres in size. 52.06 Single - family detached units may be allowed as a PUD in areas proving urban services, providing parks and open spacE are an integral part of the plan. 52.07 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. 52.08 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. 52.09 The proposed total development is designed in such a manner as to form a desirable and unified environment within its own boundaries. 52.11 The plans required under this article must be submitted in a form which will satisfy the requirements of Ordinance #8 for the preliminary and final plans. 53 PERMITTED USES. Permitted uses are: 53.01 Dwelling units in detached, clustered, semi- detached, or attached multi- storied structures or combinations thereof. 53.02 Commercial uses. page sixteen 53.03 Supporting community facilities. 54 STANDARDS 54.01. OPEN SPACE. A minimum of twenty (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 Commission may specify shall be an integral part of the plan. Such 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 such size, shape, character, and locations as to be usable for its proposed purpose. Complimentary structures and improvements that are necessary and appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the areas of PUD improvement. 54.01 -1 STANDARDS FOR COMMON OR OPEN SPACE. No open area may be approved as common open space under the provision of this article unless it meets the following standards: (1.) The location, shape, size, and character of the common open space must be suitable for the planned development. (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 development, considering its size, density, expected population, topography, and the number and type of dwellings to be provided. (3.) Common open space must be suitably improved for its intended use but common 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. 54.01 -2 OPERATING AND MAINTENANCE REQUIREMENTS FOR PUD COMMON OPEN SPACE FACILITIES. The PUD plan shall contain provision to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common private { • • • page seventeen or public open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the City Council; (1.) Dedicated public, where a community -wide use is anticipated and the City Council agrees to accept the dedication. (2.) Landlord control, where only use by tenants is anticipated. (3.) Property Owner Association, provided all of the following conditions are met: a. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document or a document such as specified by Laws 1963, Chapter 457, Section 11 and a set of floor plans such as specified by Laws 1963, Chapter 457, Section 13 shall be filed with the City of Centerville, said filing with the City to be made prior to the filings of said declaration or document of floor plans with the recording officers of the County. b. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. c. The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the page eighteen property values of the individual owner through establishing private control. d. The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City of Centerville or fails to pay taxes or assessments on properties as they become due and in the event the said City of Centerville incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the City of Centerville shall have the right to assess each property its pro rata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. e. Membership must be mandatory for each owner, and any successive buyer. f. The open space restrictions must be permanent and not for a given period of years. g. The Association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it. h. Property owners must pay their pro rata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statues. i. The Association must be able to adjust the assessment to meet changed needs. J. The by -laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior page nineteen to the approval of the final PUD plan. 54.01 -8 CTAGING OF PUBLIC AND COMMON OPEN SPACE. What a PUD provides for common private or public open space, and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. 54.02 DENSITY. The maximum allowable density in a PUD District shall be determined by standards negotiated and agreed upon between the applicant and the City. In all cases the negotiated standards shall be consistent with the development policies as contained in the Centerville Comprehensive Plan. Whenever any PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds one hundred twenty -five (125) percent of the proposed residential density of the entire PUD. 54.03 UTILITIES. In any PUD, all utilities, including telephone, electricity, gas and telecable shall be installed underground. 54.03 -1 UTILITY CONNECTIONS. (1.) WATER CONNECTIONS. Where more than one property is served from the same service line, individual unit shut off valves shall be provided as required by the City Engineer. (2.) 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. 54.04 ROADWAYS. All streets shall conform to the design standards contained in the Centerville Subdivision Code, Appendix E of this Ordinance and consistent with the Comprehensive Plan, unless otherwise approved by the City Council. 54.05 LANDSCAPING. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as part of the Final Plan. In assessing page twenty the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structure and the overall scheme of the PUD plan. 54.06 SETBACKS. (1.) The front, rear and side yard restrictions on the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the respective districts. (2.) No building shall be located less than fifteen (15) feet from the back of the curb line along those roadways which are part of the internal street pattern. (3.) No building within the project shall be nearer to another building than one -half (1/2) the sum of the building heights of the two (2) buildings. 54.07 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. 54.08 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 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 such other features and facilities as may be necessary to make the areas attractive and efficient from the standpoint of adjacent non - commercial 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. 54.09 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 page twenty one trees and plantings and properly maintained. 55 PROCEDURE 55.01 PRE - APPLICATION MEETING. Prior to the submission of any plan to the Planning and Zoning Commission, the applicant shall meet with the Zoning Administrator to discuss the contemplated project relative to community development objectives for the area in question and to learn the procedural steps and exhibits required. This includes the procedural steps for a special use permit and a preliminary plat. The applicant shall submit: (1.) A simple sketch plan for informal review and discussion. (2.) Overall maximum PUD density range. (3.) General location for major streets and pedestrian ways. (4.) General location and extent of public and common open space. (5). General location of residential and non- residential land uses with approximate type and intensities of development. (6.) Staging and time schedule of development. (7.) Environmental information affecting the development. (8.) Other special criteria for development. 55.02 GENERAL CONCEPT STAGE. After the elements requested in the pre - application meeting have been met, the Zoning Administrator shall prepare a report for review at the next appropriate Planning and Zoning meeting. 55.03 SPECIAL USE PERMIT /PRELIMINARY PLAT APPLICATION. The applications shall be accompanied by an escrow deposit to cover the costs incurred in checking and processing plans and exhibits. The amount of the escrow shall be determined by the City Council. 55.03 -1 The following exhibits shall be submitted to the zoning administrator by the proposed developer as part of the application for a special use permit: (1.) A written statement generally describing the proposed PUD and the market which it is intended to serve and the market demand. The statement is also to demonstrate the proposed PUD's 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. (2.) A statement setting forth the reasons why, in the ' ' • . , • , • • . , , . 1 page twenty two opinion of the applicant, the PUD will be in the public interest and consistent with the purposes specified for PUD's by section 51. (3.) A statement of the present ownership of all the land included within the planned development and a list of property owners within five hundred (500) feet of the outer boundaries of the property. (4.) A general indication of the expected schedule of development including progressive phasing and time schedule. (5.) A map giving the legal description of the property including approximate total acreage and also indicating existing property lines and dimensions, ownership of all parcels, platting, easements, street right -of -ways, utilities, and buildings for the property and for the area three hundred and fifty (350) feet beyond. (6.) Site conditions: Graphic reproductions of the existing site conditions at a scale of one hundred (100) feet. a. Contours - minimum two (2) foot intervals. b. Location, type and extent of tree cover and vegetation. c. Slope analysis. d. Location and extent of water bodies, wetlands and streams and flood plains within three hundred (300) feet of the subject property. e. Significant rock outcroppings. f. Existing drainage patterns. g. Vistas and significant views. h. 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. (7.) A map indicating proposed land uses including housing units and types, vehicular and pedestrian circulation, and open space uses. (8.) Full description as to how all necessary governmental services will be provided to the development including sanitary sewers, storm sewers, water systems, streets and other public utilities. (9.) An engineering report presenting results of soil boring tests and soil analysis of the site. (10.) A statement of the estimated total number of dwelling units or square feet of developed land use activities proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at page twenty three least the following as applicable: a. Area devoted to residential uses. b. Area devoted to residential use by building type. c. Area devoted to common open space. d. Area devoted to public open space. e. Approximate area devoted to streets. f. Approximate area devoted to, and number of, off - street parking and loading spaces and related access. g. Approximate area, and floor area, devoted to commercial uses. h. Approximate area, and floor area, devoted to industrial or office use. (11.) 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 structures /units to be provided or constructed during each such stage and the overall chronology of development to be followed from stage to stage. (12.) When the proposed 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. (13.) General intents of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD. (14.) Schematic utilities plans indicating placement of water, sanitary and storm sewers. (15.) Any additional information requested by the Planning and Zoning Commission and City Council that may be required for clarification of the proposed project. (16.) Twenty -five (25) copies of all required information shall be submitted. 55.04 PRELIMINARY PLAT SUBMITTAL. The applicant shall submit a preliminary plat and all the necessary documentation as required under Ordinance *8 of all or that portion of the project to be platted. For purposes of administrative simplifications, the public hearings required for the special use permit and preliminary plat may be combined into one (1) hearing or may be held concurrently. 55.05 ACTION BY COMMISSION. Within 30 days of the filing of the application, the Planning Commission shall hold a public page twenty four 'rearing on the proposed PUD following written and published notice as required for amendments of the ordinance. Following such hearing and within 60 days of the filing of the application or at a later time agreed to by the applicant, the Planning Commission shall recommend approval or disapproval of the preliminary proposal with such 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 Planned Unit Developments specified in Section 51 and with the Comprehensive Land Use Plan of the City; and whether the benefits, combination of various land uses, if proposed, and the inter - relationship with the land uses in the surrounding area justify the deviation from standard district regulations allowed by this ordinance for PUD's. 55.06 ACTION BY COUNCIL. Upon receipt of the recommendations of the Planning Commission, the Council shall consider the application and, after holding such public hearing as it deems desirable, shall approve or disapprove the application with such changes or conditions, it 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 land owner to notify the City Council of his acceptance or refusal of the modification to the plan onstitute acceptance of these conditions. No building _emits 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. 55.07 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 of Centerville, Clerk /Administrator and the applicant within thirty (30) days of 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 action. 55.08 FINAL REVIEW AND APPROVAL. An application for review and approval of the final plat 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 onsidered abandoned unless an extension period is requested r page twenty five and granted by the City Council. 55.08 -1 DOCUMENTATION REQUIRED. In addition to the requirements in Ordinance #8, Article 44, the final application shall be accompanied by the following supporting documentation: (1.) Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within 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. (2.) All certificates, seals and signatures required for the dedication of land and recordation of documents. (3.) Final architectural working drawings of all structures. (4.) A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a signed Community /Developer Agreement for the installation of such improvements and financial guarantees for the completion of such improvements. (5.) The approximate date when construction will begin by stage of development and the area of open space to be provided at each stage. (6.) Agreements, provisions or covenants which govern the use, maintenance and continued protection of the development and any of its common open areas. (7.) Any other plan, agreements, or specifications necessary for the City staff to review the proposed construction. All work must be in conformance with the Minnesota State Uniform Building Code. (8.) Other conditions specifically required by the Commission and the Council for the particular PUD. 55.08 -2 REVIEW AND ACTION BY CITY STAFF AND PLANNING AND ZONING COMMISSION. Upon receipt of a completed final plat application, the Zoning Administrator shall refer such application to the following City staff and /or official bodies for the indicated action: (1.) The City Attorney for legal review of all documents. (2.) The City Engineer for review of all engineering data and the City /Developer Agreement. (3.) The City Building Official for review of all building plans. (4.) The Zoning Administrator for review of all plans for compliance with the intent, purpose and requirements of this Code and conformity with the General Concept Plan and Comprehensive Plan. page twenty six (5.) The Planning and Zoning Commission for review and recommendation to the City Council. (6.) When appropriate, as determined by the Zoning Administrator to the Park and Recreation Committee for review and recommendations. (7.) When appropriate, as determined by the Zoning Administrator to other special review agencies such as the Watershed District, Soil Conservation Services, Highway Departments or other affected agencies. All staff designated in paragraphs a. through d. hereof shall submit their reports in writing to the Zoning Administrator for Planning and Zoning Commission review. 55.08 -3 FINAL PLAT. The Final Plat is to serve as complete, thorough and permanent public record of the PUD and the manner in which it 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 modifications thereof resulting from the PUD process. It shall serve in conjunction with other City codes as the land use regulation applicable to the PUD. 55.08 -4 NON- COMPLIANCE. In the event the plat submitted for final approval is not in substantial compliance with the preliminary development plan, the Planning and Zoning Commission shall notify the applicant within forty -five (45) days of the date of application, setting forth the ways in which the plan is not in substantial compliance. (1) The applicant may treat such notification as denial of preliminary approval; or (2) The applicant may refile his plan so that it does substantially comply with the outline development plan; or (3) The applicant may file a written request with the Planning and Zoning Commission that it hold a public hearing on his request for final approval. Any such hearing shall be held within thirty (30) days after the request for such hearing. Within forty -five (45) days of such hearing the Planning and Zoning Commission shall either grant or deny preliminary approval to the plan. 55.08 -5 FINAL APPROVAL. The City Council shall review and approve the final plat if it is in substantial compliance with preliminary plat. Following this, the applicant shall record the final plat in the manner provided for recording subdivision plats. If the final page twenty seven plat is not in substantial compliance, the applicant shall be requested to repeat the procedures outlined for the preliminary plat. 56 SITE IMPROVEMENTS. At any time following the approval of a Development Stage Plan by the City Council, 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. 57 COMMON AREAS. 57.01 CONSTRUCTION. The construction and provisions 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 phase as the construction of dwelling units. At least once every six (6) 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 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 city council, which may revoke the planned unit development permit. 57.02 CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE. 57.02 -1 All land shown on the final development plan as common open space must be conveyed to homeowners association or similar organization provided in an indenture establishing an 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. 57.02 -2 If a homeowners association is created, the applicant shall submit plans at the time of final plan of development and documents which explain: (1.) Ownership and membership requirements. (2.) Articles of incorporation and bylaws. (3.) Time at which the developer turns the association over to the homeowners. (4.) Approximate monthly or yearly association fee for page twenty eight homeowners. (5.) Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space ground, and utilities. 58 REVIEW AND AMENDMENTS. 58.01 The Zoning Administrator shall periodically review all PUD's and shall make a report to the City Council on the status of the development. If work on the PUD is not started within three months of the proposed schedule date after final approval has been granted, approval shall terminate unless an extension period is requested or granted by the City Council. Prior to cancellation or revocation of this permit, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard. 58.02 For additional phases of the PUD, if within five (5) years the project has not progressed, the Zoning Administrator may recommend that the City Council determine what section will be taken with the remainder of the project. Prior to determining the outcome of the PUD, the City Council shall hold a public hearing at which time all interested parties will be given an opportunity to be heard. 58.03 Minor changes in the location, placement, and heights of the buildings or structures may be authorized by the Zoning Administrator if required by engineering or other circumstances not foreseen at the time the final plan was approved. 58.04 Approval of the Planning and Zoning Commission and City Council shall be required for other changes such as rearrangement of lots, blocks and building tracts. These changes shall be consistent with the purpose and intent of the approved final development plan. VARIANCE REQUEST TO ENLARGE NON- CONFORMING GARAGE - 1759 MAIN STREET 4 -24 -91 See information in packet. P & Z will discuss the issue at the Monday, April 22, 1991 meeting. Should they recommend the variance, it is scheduled to be discussed at this meeting. Should P & Z deny or table the variance, the issue will not be discussed at this meeting. Direction may be requested. City of CentervitCe 1694 Sorel Street, Centerville, Mx55038 (612) 429 -3232 DATE: 9 — / PLEASE DELIVER THIS INFORMATION TO Or /Y� / / /✓l7 FROM: 7m Yn1 NUMBER OF PAGES TO FOLLOW: c //'1 COMMENTS: Ic ?U4 A pper*j /I),47,7�5 4n re /`ernoryto/ 467 ,a� ✓?b � r e nn a tordnYirze. IF P 7xrr N is rtjrnorri -i4 c 7 /Inn roar; ur r/re riS i+ 1c p/t .4 Pt tram e Mgr pit er y line. C/4 Ondl nce In/ requires & o Gf. THANK YOU! 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Vii ?gtt- M4 ICI • , ti%� y 15f,Frzi 91 -rte ei t ArAv "7.pi 4 0 • 6 I J .., i i I 1 1 frizorostr) 2 -- ° 1 L T F� —�'f A 24' 1 ` , /' I o- I `� — 1 tauw�wiz 1 V — - -o r - - -I _-1 EL 9 k w6z++,�� 1 #NCB o I 7 . t , � Hock. ;1 Lot 9. ( i S a . 1759 Mh,N sr 1 -gyp ei � I 1 kP I 1 ` i " mss — —t-- — spat zap sy_ - mire Tat --- CH I( { 126, oo' T�LYdx — — • ! -it- s c ic -r M.H. t 0.L.910 ' N cJ y --r 4 R1GHAR P Toots, -° e '-� , 1 4- r� 1759 MGM S-T gi • III, � � � � E REtwr�L1N(q ,1. you— II_ 011 ►S APRIL 9i Tie-P. 5 . BABCOCK, LOCHER, NEILSON & MANNELLA ATTORNEYS AT LAW 118 EAST MAIN STREET ANOKA, MINNESOTA 55303 TEL: (612) 421 -5151 FAX: (612) 529 -2273 EDMUND P. BABCOCK — of Counsel NORTHTOWN OFFICE LANDOL J. LOCHER — of Counsel NORTHTOWN FINANCIAL PLAZA JAMES M. NEILSON 200 COON RAPIDS BLVD. FELIX A. MANNELLA SUITE 245 ROBERT F. MANNELLA COON RAPIDS, MN 55433 GARY T. LAFLEUR TEL.: (612) 7116-0250 THOMAS A. KLINT FAX (612) 786 -8617 STEPHEN J. NASH GREGORY J. HELLINGS COLEEN J. CARLSTEDT- JOHNSON RANDALL J. FULLER F. ANTHONY MANNELLA SHIRLYN A. ADKINS April 10, 1991 Tamara M. Miltz- Miller Centerville Clerk /Administrator 1694 Sorel Street Centerville, MN 55038 Re: Richard W. Tuomi Variance Dear Tammy: Pursuant to our recent telephone conversation, please consider this letter as my legal opinion in the above- referenced matter. As I understand the facts, the applicant desires a variance from the City of Centerville to enlarge the existing garage on the property commonly known as 1759 Main Street. As I further understand it, the garage is currently a non - conforming structure since it does not comply with the 25 foot rear yard back. Secondly, the garage appears to exceed the ten percent rear yard footage requirement. Thirdly, the use of the property at 1759 Main Street is also non - conforming since the area is zoned C -1 Conservation Zoning District which allows only public parks and playgrounds. Centerville City Ordiance 4- 42.03 -1 provides: No such non - conforming use shall be enlarged or increased, or extended to occupy a greater area than was occupied when the use became non - conforming. Thus, generally speaking, if the structure is allowed to be enlarged by variance, both the structure and the use would become a permitted use from a legal standpoint. Minnesota Statute §462.357, Subd. 6 provides, in summary, that a governing body may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. Thus, Minnesota Statutes provide that the City of Centerville could not allow an expansion or addition to the existing structure on the property, which is a grandfathered non - conforming use, even with the use of a variance. Simply speaking, because the use of the structure is non - conforming with the zoning requirements for a C -1 Zone, a variance to the use may not be granted. Should the City Council decide that the C -1 Zone is not appropriate for the property in question, then perhaps a rezoning Page 2 Re: Richard W. Tuomi Variance April 10, 1991 to a residential use might be appropriate. If that is the case, then the expansion of the structure could occur if variances were granted to the setback and aggregate square footage requirements. Minnesota Statute §462.357 provides that a governing body may grant variances from the literal provisions of the zoning ordinances in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated such actions will be in keeping with the spirit and in ent of the ordiance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to reasonable use if used under circumstances allowed by official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. All of the foregoing conditions must be met before a variance can be granted by the governing body. If you have any additional questions regarding this matter, please feel free to contact me. Very truly yours, ALZ-T Gregory J. Hellings Centerville City Attorney GJH /ea • a i s V CONSULTING ENGINEEFS Maier Stewart & Associates Inc. April 18, 1991 File No: 260 - 000 -00 Ms. Tamara Miltz - Miller City Clerk /Administrator City of Centerville 1694 Sorel Street Centerville, MN 55038 RE: AMENDMENT TO ORDINANCE #8 REGARDING RIGHT -OF -WAY AT CUL -DE -SACS Dear Ms. Miltz- Miller: Please consider this correspondence to further identify our position on the issue of cul -de -sac right -of -way requirements and as to lot width at building set back on curvilinear streets or cul -de -sacs. 1. Radius of Cul -De -Sac Required by Ordinance #8. Presently, Centerville's Ordinance #8, Article 26.10 establishes the required radius of street right -of -way in a plat in an area to be established as 75' and the radius of paving width to be 46'. The ordinance further requires that on a local street, the street right -of- way be 60' and paved surface be 32'. In a typical local street, the street scape is mirrored either side of the street centerline to be 14' bituminous, 2' of concrete curb and 14' of boulevard. The minimum home set back is a further 35' beyond the 14' boulevard to the property line. (Homes on a street straight- away now sit 49' = 35' + 14' behind the curb line.) Theoretically, Ordinance #8 presently would provide the following cul- de -sac street scape 44' bituminous, 2' concrete curb and 39' of boulevard. The 35' home set back now means that the home sits 74' behind the curb. We suggest that the cul -de -sac right -of -way be amended to reflect a 60' radius, providing 44' of bituminous, 2' of concrete curb, 14' of boulevard and 35' of set back. Thus maintaining consistency with the straight -away. In fact, all developments which have been approved during the past 6 years incorporated by default the 60' cul -de -sac radius. 1959 SLOAN PLACE, ST. PAUL, MINNESOTA 55117 612- 774-6021 Equal Opportunity Employer T 0 CITY OF CENTERVILLE APRIL 18, 1991 PAGE TWO The single issue that might mitigate the use of a smaller radius would be problems with snow storage on the boulevard. City ordinance presently provides for cul- de-sac lots to be 80' wide at the building set back line on cul -de -sacs. Thus, a lot on a cul -de -sac can be as narrow as 48' at the right -of -way. When a 20' wide driveway is extended to the curb only a narrow boulevard area is preserved between driveways for snow storage. Thus, additional care and effort is required by the home owner to maintain an acceptable snow free zone in front of his property. We have not, however, noted a problem in this regard. 2. Measurement of Lot Width at the Building Set Back Line The City has previously adjusted its ordinances to require that a cul- de-sac lot be 80' wide at the building set back line. The question is left undefined as to whether the 80' distance is measured on the curve (arc) at the building set back or on the chord of the arc at the building set back. As the chord of the arc provides for a slightly wider lot (3') we suggest that this measurement method be preferable. If you have any questions on these issues, please call. Yours truly, MAIER STEWART AND ASSOCIATES, INC. ER John B. Stewart. P.E. City Engineer JBS /km • 1 Amendments to Ordinance #8: Now reads: STRRFT DESIGN STANDARDS ARTERTAT, COTJ,RCTOR LOCAL CUL -DE -SAC Right -of -way 120' 66' 60' 75' radius Paving width 52' 36' 32' 46' radius Maximum Grade 5% 8% Minimum Angle to o o o o Intersection 90 90 70 70 Minimum Curb Radius 35' 20' 14' 14' Horizontal Alignment (minimum radius of center line) * '* * Vertical curves (minimum sight distance) 150' 200' 100' *subject to approval of City Engineer Amend to read: STRRET PESIGN STANDARDS ARTRRTAT, COT,T,RCTOR LOCAL CUT, -DR -SAC Right -of -way 120' 66' 60' 60' radius Paving width 52' 36' 32' 46' radius Maximum Grade 5% 8% Minimum Angle to o o o o Intersection 90 90 70 70 Minimum Curb Radius 35' 20' 14' 14' Horizontal Alignment (minimum radius of center line) * * * * Vertical curves (minimum sight distance) 150' 200' 100' *subject to approval of City Engineer •