Ordinance No. 131 Consolidated Land Use Ordinance

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Civic Space requirement in a second or later phase must include a timetable which shows the development dedicating or building at least half of the required Civic Space within 3 years of initial development approval. 5. Building Placement Standards. The types of buildings proposed in the plan and their placement within the property is governed by the Building Type Standards set forth at Section 9.6 and depicted in Figures 6 through 15. The plan must depict the types of buildings intended for construction, their proposed disposition, any incentives sought by virtue of the intended design of any buildings or arrangement of building types, and any special requirements or requests for variance required to implement the building placement plan. 6. Design Review. The Zoning Administrator shall refer all applications requiring evaluation of the Design Review Standards in 9.10 to the City Architect. The Architect shall review the development plan and supporting documents for conformance with the Design Review guidelines at Section 9.10 and provide written comment to the Zoning Administrator. If any deficiencies are noted by the City Architect in the design when the applying the Design Standards, the Architect shall describe the deficiency and suggest at least one complying alternative. Evaluation of Incentives. Any incentives created by the City Council and in effect at the time of development application may be sought by the applicant. The incentive items and allowances, and their effect on the overall Development Plan, shall be approved by the City Council, unless specifically delegated within the ordinance creating the applicable incentive. The Zoning Administrator shall confer with at least one City consultant, as directed by ordinance or at the Administrator's best discretion, in order to evaluate the proposed incentives and make recommendations to the approving authority. If incentives are applied for, the applicant and Zoning Administrator shall reach agreement on the application of incentives prior to submitting the application to the Planning Commission. If any applied -for incentives are recommended for rejection, the applicant may elect to re- submit portions of the plans to incorporate the recommendation without incurring new application fees; the applicant electing to re -submit plans shall submit a written statement agreeing to an extension of applicable timelines under Minn. Stat. § 15.99, Minn. Stat. § 462.358, and other applicable laws and ordinances. The extension request shall be indefinite; the City shall process the re -submitted materials within the timelines specified by law, treating the date of re -submission as the first day of any applicable time period. 8. Plans for Re -development of Single Lots or Small Subdivisions. An applicant shall follow the following procedure when seeking approval for new building construction (not an addition or expansion to an existing building) upon land which was developed at the time of the application, either requires no subdivision or is eligible for minor subdivision approval, and for which no new streets are required. Such applications should be processed for a Zoning Compliance Permit administratively by the Zoning Administrator unless the proposal requires conditional use permit or variance approval. 1. Suggested Presentation. The plans for this type of development shall use the Building Type templates at Figures 6 through 15, as allowed by the sub -zone in which the property lies. Plans should introduce new lot lines, if any, and then depict the placement and disposition of the proposed building type for each lot. 2. Required Submissions. The applicant shall submit twelve (10) sets of the application materials listed in 9.7.2. The Zoning Administrator may allow the applicant to omit certain items if it is clear that they are not applicable to the overall proposal. In all circumstances, the proposal shall include the elements required for review under Sections 9.6 (Building Type) and 9.10 (Design). 3. Connectivity requirements. While improvements to an existing roadway are not required, plans under this subsection must indicate how the proposed construction would relate to the roadway if it were reconstructed in accordance with the requirements of Section 9.7.3. Proposals under this Section 9.8 involving more than one lot shall comply with Section 9.7.3.3. Single -lot proposals must indicate design incorporating the requirements of 9.7.3.3, but only must build the improvements when the adjacent lots on the same side of the right-of-way also have built such improvements or have been approved for construction under this Section. 4. Evaluation of Incentives. Any incentives created by the City Council and in effect at the time of development application may be sought by the applicant. The incentive items and allowances, and their effect on the overall development plan, shall be approved by the City Council, unless specifically delegated within the ordinance creating the applicable incentive. The request for incentive approval does not require City Council approval of the entire plan. The Zoning Administrator shall confer with at least one City consultant, as directed by ordinance or at the Administrator's best discretion, in order to evaluate the proposed incentives and make recommendations to the approving authority. If incentives are applied for, the applicant and Zoning Administrator shall reach agreement on the application of incentives prior to submitting the application to the Planning Commission. If any applied -for incentives are recommended for rejection, the applicant may elect to re -submit portions of the plans to incorporate the recommendation without incurring new application fees; the applicant electing to re -submit plans shall submit a written statement agreeing to an extension of applicable timelines under Minn. Stat. § 15.99, Minn. Stat. § 462.358, Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 53