Planning Commission Agenda 04-18-2006 (Special Meeting)
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AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, April 18th, 2006
5:00 PM
Commissioners:
Rod Dragsten, Lloyd Hilgart, Craig Schibonski, William Spartz,
and Sandy Suchy
Council Liaison:
Wayne Mayer
Staff:
Jeff O'Neill, Angela Schumann and Steve Grittman - NAC
I. Call to order.
2. Consideration of adding items to the agenda.
3. Citizen comments.
4.
Consideration to review for discussion the Monticello Zoning Ordinance regulating Planned
Unit Developments
5.
Adjourn
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Planning Commission Agenda - 04/18/06
4.
Consideration to review for discussion the Monticello Zonin!! Ordinance re!!ulatin!!
Planned Unit Developments.
REFERENCE AND BACKGROUND
Please find enclosed Chapter 20 of the Monticello Zoning Ordinance regulating
Planned Unit Developments.
In reviewing recent planned unit developments, the Planning Commission and City
Council have asked "How do we determine if a PUD has met the standard of being a
'superior' project". The Council and Commission have questioned whether a PUD
designation been used as guise to cut cost or increase profit by adding poorly planned
density, or has the PUD been used thoughtfully utilizing a reduction in some
standards in exchange for adding amenities that ultimately make it a superior project.
The purpose of this exercise/discussion is to provide the Planning Commission with
the opportunity to identify attributes of PUD projects that are important in defining
"superior" status. This information will be presented to the City Council for feedback
and comment. The ultimate goal is to get the Planning Commission, Council and
staff in synch in this regard. Staff will then use this knowledge when dealing with
and guiding developers who are contemplating PUD projects.
More background materials will be provided at the meeting. Planning staff would
encourage the Commission to actively consider qualities or amenities in area
developments that make them "superior" as a basis for this discussion.
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SECTION:
20-1:
20-2:
20-3:
20-4:
20-1:
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CHAPTER 20
PLANNED UNIT DEVELOPMENT
Purpose
General Requirements and Standards
Submission Requirements
Procedure for Processing a Planned Unit Development
PURPOSE: This chapter is established to provide comprehensive procedures and
standards designed to allow the development of neighborhoods or portions thereof
incorporating a variety of residential types and non-residential uses, recognizing that
traditional density, bulk, setbacks, use, and subdivision regulations which may be
useful in protecting the character of substantially developed areas may be
inappropriate to control development in less developed areas. Specifically, it is
intended to encourage:
[A] Innovations in residential development to the end that the growing demands
for housing at all economic levels may be met by greater variety in tenure,
type, design, and siting of dwellings and by conservation and more efficient
use of land in such development;
[B]
Higher standards of site and building design through the use of trained and
experienced land planners, architects, and landscape architects;
[C] More convenience in location of accessory commercial and service areas;
[0] Thc preservation and enhancement of desirable site characteristics such as
natural topography and geologic features and the prevention of soil erosion;
[E] A creative use of land and related physical development which allows a
phased and orderly transition ofland from mral to urban uses;
[F] An efficient use of land resulting in smaller networks of utilities and streets
thereby lowering housing costs and public investments;
[G] A development pattern in harmony with the objectives of the Monticello
Comprehensive Plan;
[H] A more desirable environment than would be possible through the strict
application of zoning and subdivision regulations of the City;
[I]
To give the landowner and developer reasonable assurance of ultimate
approval before expending complete design monies while providing City
officials with assurances that the project will retain the character envisioned
at the time of concurrence;
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[J] Flexibility for variation from the provisions of this ordinance including
setbacks, height, lot area, width and depth, yards, etc.
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20-2:
GENERAL REQUIREMENTS AND STANDARDS:
[A] OWNERSHIP: Application for PUD approval must be filed by the
landowner or jointly by all landowners of the property included in a project.
The application and all submissions must be directed to the development of
the property as a unified whole, i.e., a planned unit. In the case of multiple
ownership, the approved final plan shall be binding on all owners.
[B] COMPREHENSIVE PLAN CONSISTENCY: The proposed PUD shall be
consistent with the City comprehensive plan.
[C] SANITARY SEWER PLAN CONSISTENCY: The proposed PUD shall be
consistent with the City capital improvement program and comprehensive
utility plan.
[D] COMMON OPEN SPACE: Common open space at least sufficient to meet
the minimum requirement established in this ordinance and such
complementary structures and improvements as are necessary and appropriate
for the benefit and enjoyment of the residents of the PUD shall be provided
within the area of the PUD.
[E]
OPERA TING AND MAINTENANCE REQUIREMENTS FOR PUD
COMMON OPEN SPACE/FACILITIES: Whenever common open space or
service facilities are provided within the PUD, the PUD plan shall contain
provisions to assure the continued operation and maintenance of such open
space and service facilities to a predetennined reasonable standard. Common
open space and service facilities within a PUD may be placed under the
ownership of one or more ofthe following as approved by the City Council:
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I. Dedicated to 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 (homeowners) 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, tract,
townhouse, apartment, or common area, a declaration of
covenants, conditions, and restrictions or an equivalent
document or a document such as specified laws 1963,
Chapter 457, Section 13, shall be filed with the City of
Monticello, said filing with the City to be made prior to the
filings of said declaration or document or floor plans with the
recording officers of Wright County, Minnesota.
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(b)
The declaration of covenants, conditions, and restrictions or
equivalent document shall specify that deeds, leases, or
document or conveyance affecting buildings, units, parcels,
tracts, townhouses, or apartments shall bind said properties to
the terms of said declaration.
(c) The declaration of covenants, conditions, and restrictions shall
provide that an owners' association or corpomtion 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 property values of the individual
owner through establishing effective 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 Monticello or fails to pay taxes
or assessments on properties as they become due and in the
event the said City of Monticello 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 Monticello 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 a%essment is
made.
(e) Membership must be mandatory for each owner and any
successive buyer.
(f) The open space restrictions must be pennanent and not for a
given period or 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 (homeowners) 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
S tatntes.
(i)
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MONTICELLO ZONING ORDINAt<CE
The association must be able to adjust the assessment to meet
changed needs.
20/3
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(j)
The bylaws and rules of the association and all covenants and
restrictions to be recorded must be approved by the City
Council prior to the approval of the final PUD plan.
[F] STAGING OF PUBLIC AND COMMON OPEN SPACE: When aPUD
provides for common or public open space, the total area of common or
public open space or land escrow security in any stage or 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.
[G] DENSITY: The maximum allowable density in a PUD shall be determined
by reference to the comprehensive plan. Within that limit, the exact density
allowable shall be determined by standards agreed upon between the
applicant and the City. 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 twenty-five (25) percent of the proposed
residential density of the entire PUD.
[H] UTILITIES: In any PUD, all utilities, including telephone, electricity, gas,
and telecable shall be installed underground.
[I] UTILITIES CONNECTIONS:
I.
WATER CONNECTIONS: Where more than one (I) property is
served from the same service line, a shut-off valve must be located in
such a way that each unit's service may be shut off by the City in
addition to the normally supplied shut-off at the street.
2. SEWER CONNECTIONS: Where more than one (I) 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.
[1] ROADWAYS:
I. Private roadways within the project shall have approved curb and
gutter and an improved surface oftwenty (20) feet or more in width
and shall be so designed as to permit the City fire trucks to provide
protection to each building.
2. No portion of the required twenty (20) foot road system may be used
in calculating required off-street parking space or be used for parking.
[K]
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 the
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[M]
landscaping plan, the City Council shall consider the natural features of the
particular site, the architectural characteristics of the proposed structures, the
overall scheme of the PUD plan, and the general landscaping provisions of
this ordinance.
[L]
URBAN DEVELOPMENT AND AVAILABILITY OF PUBLIC SERVICE:
Residential development will be carefully phased so as to ensure that all
developable land will be accorded a present vested right to develop at such
time as services and facilities are available. Residential lands which have the
necessary available municipal facilities and services will be granted approval
in accordance with existing ordinance and development techniques.
Residential lands which lack the available facilities and services will be
granted approval for development at such times as the facilities and services
have been made available by the continuing public improvement program or
at such time when the residential developer agrees to furnish such facilities or
improvements put forth by the City or other public agency.
If it can be demonstrated by the petitioner that divergence from the points
above will not cause an unreasonable burden upon the City of Monticello in
providing services and utilities or cause a deleterious impact upon the natural
environment, then the City Council may consider granting a variance to this
policy in reviewing a proposed development.
No major PUD will be permitted in areas not having city water and sanitary
sewer available within a reasonable lenh>th of time from the date of PUD
approval.
TOWNHOUSE:
I. No single townhouse structure shall contain more than eight (8)
dwelling units.
2. Minimum unit lot frontage for townhouses shall be not less than
twenty (20) feet.
3. Townhouses, cooperatives, and condominiums will be subdivided on
an individual unit bases according to the provisions of Section 20-2
[F] 3.
[N] SETBACKS:
1. The front and side yard restrictions at the periphery of the Planned
Unit Development site at a minimum shall be the same as imposed in
the respective districts.
2. Front yard setbacks shall be established so as to meet the general
design criteria within standard areas (zones) regulating the particular
use or structure.
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3.
Building height(s) shall be established so as to meet the general
design criteria within standard areas (zones) regulating the particular
use or structure. (#237,4/12/93)
20-3: SUBMISSION REQUIREMENTS: Twenty (20) copies of the following exhibits,
analyses, and plans shall be submitted to the Planning Commission and Council
during the PUD process at the times specified in Section 20-4 of this chapter.
[A] GENERAL CONCEPT STAGE:
I. General Information
(a) The landowner's name and address and his interest in the
subject property.
(b) The applicant's name and address if different from the
landowner.
(c) The names and addresses of all professional consultants who
have contributed to the development of the PUD plan being
submitted, including attorney, land planner, engineer, and
surveyor.
(d)
Evidence that the applicant has sufficient control over the
subject property to effectuate the proposed PUD, including a
statement of all legal, beneficial, tenancy, and contractual
interests held in or affecting the subject property and including
an up-to-date certified abstract of title orregistered property
report and such other evidence as the City Attorney may
require to show the status of the title or control of the subject
property.
2. Present Status:
(a) The address and legal description of the subject property.
(b) The existing zoning classification and present use ofthe
subject property and all lands within one thousand (1,000) feet
of the subject property.
(c) A map depicting the existing development ofthe subject
property and all land within one thousand (1,000) feet thereof
and showing the precise location of existing streets, property
lines, easements, water mains, and storm and sanitary sewers,
with invert elevations on and within one hundred (100) feet of
the subject property.
3.
A written statement generally describing the proposed PUD and the
market which it is intended to serve, showing its relationship to the
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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
regnlations of the City.
4.
Site Conditions: Graphic reproductions of the existing site conditions
at a scale of one hundred (100) feet. All of the graphics would be the
same scale as the final plan to allow easy cross reference. The use of
overlays is recommended for clear reference. The following shall be
included:
(a) Contours - minimum two (2) foot intervals.
(b) Location, type, and extent of tree cover.
(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.
(I) Existing drainage patterns.
(g)
Vistas and significant views.
(h) Soil conditions as they affect development.
5. Schematic drawing of the proposed development concept, including
but not limited to the general location of major circulation elements,
public and common open space, residential, and other land uses.
6. A statement of the estimated total number of dwelling units 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 least the following:
(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.
(I)
Approximate area devoted to and number of off-street parking
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and loading spaces and related access.
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(g)
Approximate area and floor area devoted to commercial uses.
(h) Approximate area and floor area devoted to industrial or office
uses.
7. When the PUD is to be constructed in stages during a period of time
extending beyond a single construction season, a schedule for the
development of such stages or units shall be submitted stating the
approximate beginning and completion date for each such stage or
unit and the proportion of the total PUD public or common open
space and dwelling units to be provided or constructed during each
such stage and the overall chronology of development to be followed
from stage to stage.
8. 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. If it is proposed that such open space is owned
and/or maintained by any entity other than a governmental authority,
copies of the proposed articles of incorporation and bylaws of such
entity shall be submitted.
9.
General intents of any restrictive covenants that are to be recorded
with respect to property included in the proposed PUD.
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10. Schematic utilities plans indicating placement of water, sanitary and
storm sewers.
[B] DEVELOPMENT STAGE: Development stage submissions should depict
and outline the proposed implementation of the general concept stage for the
PUD. Information from the general concept stage may be included for
background and to provide a basis for the submitted plan. The development
stage submissions shall include but not be limited to:
I. Zoning classification required for development stage submission and
any other public decisions necessary for implementation ofthc
proposed plan.
2. Twenty (20) sets of preliminary plans drawn to a scale of not less than
one (1) inch equals one hundred (100) feet (or scale requested by the
administrator) containing at least the following information:
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(a) Proposed name of the development (which shall not duplicate
nor be similar in pronunciation to the name of any plat
theretofore recorded in the county wherein the subject property
is situated).
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(b)
Property boundary lines and dimensions of the property and
any significant topographical or physical features of the
property.
(c) The location, size, use, and arrangement, including height in
stories, and feet and total square feet of ground area coverage
and floor area, or proposed buildings, including mobile homes,
and existing buildings which will remain, if any.
(d) Location, dimensions, and number of all driveways, entrances,
curb cuts, parking stalls, loading spaces, and access aisles, and
all other circulation elements including bike and pedestrian,
and the total site coverage of all circulation elements.
( e) Location, designation, and total area of all common open
space.
(f) Location, designation, and total area proposed to be conveyed
or dedicated for public open space, including parks,
playgrounds, school sites, and recreational facilities.
(g) Proposed lots and blocks, if any, and numbering system.
(h) The location, use, and size of structures and other land uses on
adjacent properties.
(i)
Preliminary sketches of proposed landscaping.
(j) General grading and drainage plans for the developed PUD.
(k) Any other information that may have been required by the
Planning Commission or Council in conjunction with the
approval of the general concept plan.
3. An accurate legal description of the entire area within the PUD for
which final development plan approval is sought.
4. A tabulation indicating the number of residential dwelling units by
number of bedrooms and expected population/housing profile.
5. A tabulation indicating the gross square footage, if any, of commercial
and industrial floor space by type of activity (e.g., drug store, dry
cleaning, supermarket).
6. Preliminary architectural plans indicating use, floor plan, elevations,
and exterior wall finishes of proposed buildings, including mobile
homes.
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7.
A detailed site plan, suitable for recording, showing the physical
layout, design, and purpose of all streets, easements, right-of-ways,
utility lines and facilities, lots, block, public and common open space,
general landscaping plan, structures, including mobile homes, and
uses.
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8. Preliminary grading and site alteration plan illustration changes to
existing topography and natural site vegetation. The plan should
clearly reflect the site treatment and its conformance with the
approved concept plan.
9. A final plat prepared by a land surveyor, duly registered in the state of
Minnesota, in accordance with Chapter 505 of the Statutes of
Minnesota which shall contain a notarized certification by such
surveyor that the plat represents a survey made by him and that the
monuments shown therein exist as located and that all dimensions are
correct, as required by Section 505.03, Subdivision I, M.S.A., and a
notarized certification by owner or owners and by any mortgage
holder of record of the adoption of the plat and the dedication of
streets and other public areas as required by Section 505.03,
Subdivision I, M.S.A.
10.
A soil erosion control plan acceptable to watershed districts,
Department of Natural Resources, Soil Conservation Service, or any
other agency with review authority clearly illustrating erosion control
measures to be used during construction and as permanent measures.
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II. A statement summarizing all changes which have been made in any
document, plan data, or information previously submitted, together
with revised copies of any such document, plan, or data.
12. Such other and further information as the Planning Commission,
Administrator, or Council shall find necessary to give full
consideration of the entire proposed PUD or any stage thereof.
13. The Planning Commission may, by a written order, excuse any
applicant from submitting any specific item of infonnation or
document required by Section 20-3 [8] of this ordinance which it
finds to be unnecessary to the consideration of the specific proposal
for PUD approval.
14. The Planning Commission may, by written order, require the
submission of any additional information or documentation which it
may find necessary or appropriate to give full consideration of the
proposed PUD or any aspect or stage thereof.
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[C] FINAL PLAN STAGE: After approval ofa general concept plan for the
PUD and approval of a development stage plan for a section of the proposed
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PUD, the applicant will submit the following material for review by the City
staff prior to issuance of a building permit.
1.
A detailed landscaping plan.
2. 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 it to be responsible for
the management and maintenance of any public or common open
space or service facility.
3. All certificates, seals, and signatures required for the dedication of
land and recording of documents.
4. Final architectural working drawings of all structures (floor plan,
elevations, etc.; detailed plans and specs not required.)
5. Final engineering plans and specifications for streets, utilities, and
other public improvements, together with a community/developer
agreement for the installation of such improvements and financial
guarantees for the completion of such improvements.
6. Any other plan, agreements, or specifications necessary for the City
staff to review the proposed construction. All work must be in
confonnance with the Minnesota State Unifonn Building Code.
20-4:
PROCEDURE FOR PROCESSING A PLANNED UNIT DEVELOPMENT:
[A] APPLICATION CONFERENCE: Upon filing of an application for PUD, the
applicant of the proposed PUD shall arrange for and attend a conference with
the City Planner and/or City staff.
At such conference, the applicant shall be prepared to generally describe his
proposal for a PUD. The primary purpose of the conference shall be to
provide the applicant with an opportunity to gather information and obtain
guidance as to the general suitability of this proposal for the arca for which it
is proposed and its conformity to the provisions of City ordinances before
incurring substantial expense in the preparation of plans, surveys, and other
data.
[B] GENERAL CONCEPT PLAN:
1.
PURPOSE: The general concept plan provides an opportunity for the
applicant to submit a plan at the City showing his basic intent and the
general nature of the entire development as the basis for the public
hearing so that the proposal may be publicly considered at an early
stage. The following elements of the proposed general concept plan
represent the immediate significant elements which the City shall
review and for which a decision shall be rendered:
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(b)
General location of major streets and pedestrian ways.
(a) Overall maximum PUD density range.
(c) General location and extent of public and common open space.
(d) General location ofresidential and non-residential land uses
with approximate type and intensities of development.
(e) Staging and time schedule of development.
(f) Other special criteria for development.
2. SCHEDULE: The length of time to accomplish the following
sequence of events may vary due to publication deadlines, agenda
limitations, and/or the pre-established meeting dates of the Planning
Commission and/or City Council.
(a) Developer files application for conditional use permit and
rezoning (where applicable) concurrently with the submission
of the general concept plan (at least fifteen (15) days prior to
the Planning Commission meeting).
(b) Developer meets with the City Planner and/or City staff to
discuss the proposed development.
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(c)
Planning Commission formally acknowledges filing of the
application(s) for PUD, sets a public hearing, and refers the
application(s) back to City staff and appropriate commissions
for their official review.
(d) Planning Commission holds a public hearing.
(e) Planning Commission makes a recommendation to the City
Council on the general concept plan.
(f) City Council reviews all recommendations and
approves/denies application(s).
3. OPTIONAL SUBMISSION OF DEVELOPMENT STAGE PLAN:
In cases of single stage PU Os or where the applicant wishes to begin
the first stage of a multiple stage PUD immediately, he may at his
option, submit development stage plans for the proposed PUD
simultaneously with the submission of the general concept plan. In
such case, the applicant shall comply with all the provisions of the
ordinance applicable to submission of the development stage plan.
The Planning Commission and Council shall consider such plans
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4.
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simultaneously and shall grant or deny development stage plan
approval in accordance with the provisions of Section 20-3 hereof.
EFFECT OF CONCEPT PLAN APPROVAL: Unless the applicant
shall fail to meet time schedules for filing development stage and final
plans, or shall fail to proceed with development in accordance with
the plans as approved, or shall in any other manner fail to comply with
any condition of this ordinance or of any approval granted pursuant to
it, a general concept plan which has been approved and a PUD
agreement signed by the applicant shall not be modified, revoked, or
otherwise impaired pending the application for approval of
development stage and final plans by any action of the City of
Monticello without the consent of the applicant.
5.
LIMITATION ON GENERAL CONCEPT PLAN APPROVAL:
Unless a development stage plan covering at least ten (10) dwelling
units or the area designated in the general concept plan as the first
stage of the PUD, whichever is greater, has been filed within nine (9)
months from the date Council grants general concept plan approval, or
in any case where the applicant fails to file development stage and
final plans and to proceed with development in accordance with the
provisions of this ordinance and of an approved general concept plan,
the approval may be revoked by Council action. In such case, the
Council shall forthwith adopt a resolution repealing the general
concept plan approval for that portion of the PUD that has not
received final approval would otherwise be applicable. Upon
application by the applicant, the Council at its discretion may extend
for additional periods, not in excess of nine (9) months each, the filing
deadline for any development stage plan, when, for good cause
shown, such extension is necessary.
[C] DEVELOPMENT STAGE:
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1.
PURPOSE: The purpose of the development stage plan is to provide
a specific and particular plan upon which the Planning Commission
will base its recommendation to the Council and with which
substantial compliance is necessary for the preparation of the final
plan.
2.
SUBMISSION OF DEVELOPMENT STAGE: Upon approval of the
general concept plan and within the time established by Section 20-4
[B] 3 of this chapter, the applicant shall file with the Administrator a
development stage plan consisting of the information and submissions
required by Section 20-3 of this chapter for the entire PUD or for one
or more stages thereof in accordance with a staging plan approved as
part of the general concept plan.
The development stage plan shall refine, implement, and be in
substantial confonnance with the approved general concept plan. A
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detailed plan shall be deemed not to be in substantial conformance
with an approved general concept plan if it:
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(a)
Departs by more than five (5) percent from the maximum
density approved for the PUD or exceeds the implied
maximum density established by the comprehensive plan for
the area in which the PUD will be located.
(b) Decreases by more than five (5) percent the area approved for
public and common open space or changes the general
location of such areas.
(c) Relocates approved circulation elements to any extent that
would decrease their function, adversely affect their relation to
surrounding lands and circulation elements, or reduce their
effectiveness as buffers or amenities.
(d) Significantly alters the arrangement ofland uses within the
PUD.
(e) Delays by more than one (I) year stage of an approved staging
plan.
(I)
Departs from the general concept plan in any other manner
which the Planning Commission shall, based on stated
findings and conclusions, conclude materially alters the plan
or concept for the proposed PUD.
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3. REVIEW AND ACTION BY CITY STAFF AND PLANNING
COMMISSION: Immediately upon receipt of a completed
development stage plan, the Administrator shall refer such plan to the
following City staff and/or official bodies for the indicated action:
(a) The City Attorney for legal review of all documents.
(b) The City Engineer for review of all engineering data for
compliance with the requirements of City ordinances and
review of the City/developer agreement.
(c) The City Building Inspector for review of all building plans
for compliance with the requirements of this chapter, the State
of Minnesota Unifonn Building Code, and any other
applicable federal, state, or local codes.
(d) The City Planner for review of all plans for compliance with
the intent, purpose, and requirements ofthis chapter and
conformity with the general concept plan and comprehensive
plan.
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(e) The City Planning Commission for review and
recommendation to the Council.
(I)
When appropriate, as determined by the Administrator, to the
Park and Recreation Commission for review and
recommendations.
(g) When appropriate, as determined by the Administrator, to
other special review agencies such as the Watershed Districts,
Soil Conservation Services, Highway Department, or other
affected agencies.
All staff designated in paragraphs (a) through (d) hereof shall
submit their reports in writing to the Planning Commission
and applicant.
4. SCHEDULE: The following sequence of events may vary due to
publication deadlines, agenda limitations, and/or the pre-established
meeting dates ofthe Planning Commission and/or City Council.
(a) Developer makes application for subdivision (first phase of
PUD) at least fifteen (15) days prior to Planning Commission
meeting.
(b)
Developer meets with the City Planner and/or City staff to
discuss specific development plans.
(c) Planning Commission formally acknowledges filing and
receipt of application, sets a public hearing, and refers
application back to City staff and appropriate commissions for
official review.
(d) Planning Commission holds a public hearing.
(e)
Within sixty (60) days of the public hearing, or such further
time as may be agreed to by the applicant, the Planning
Commission shall itself review said reports and plans and
submit its written report and recommendations to the Council
and applicant. Such report shall contain the findings of the
Planning Commission with respect to the conformity of the
development stage plan to the approved general concept plan,
with respect to the merit or lack of merit of any departure of
the development stage plan from substantial conformity with
the concept plan, and with respect to the compliance ofthe
development stage plan with the provisions of this chapter and
all other applicable federal, state, and local codes and
ordinances. If the Planning Commission shall find substantial
conformity between such plans or that any lack of substantial
conformity merits approval and shall further find the
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LIMIT A nON ON DETAILED PLAN APPROVAL: Unless a final
plan covering the area designated in the development stage plan as the
first stage of the PUD has been filed within six (6) months from the
date Council grants development stage plan approval, or in any case
where the applicant fails to file final plans and to proceed with
development in accordance with the provisions of this ordinance
and/or an approved development stage plan, the approval shall expire.
Upon application by the applicant, the Council, at its discretion, may
extend for not more than six (6) months the filing deadline for any
final plan when, for good cause shown, such extension is necessary.
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5.
development stage plan to be in all other respects complete
and in compliance with this chapter and other applicable
federal, state, and local codes and ordinances, it shall
recommend approval of the plan. Otherwise, it shall
recommend denial. If the Planning Commission fails to act
within the time specified herein, it shall be deemed to have
recommended the plan for approval.
(I)
Within thirty (30) days of receipt ofthe report and
recommendation of the Planning Commission, the Council
shall grant approval, resubmit the plan to the Planning
Commission for further consideration of specified items, or
deny approval ofthe plan.
(g)
The 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 Monticello, City Administrator, and the applicant
within thirty (30) days of Council approval of the development
stage plan. Where the development shall be by written report
setting forth the reasons for its action. In all cases, a certified
copy of the document evidencing Council action shall be
promptly delivered to the applicant by the Administrator.
In any case where development plan approval expires, the Council
shall forthwith adopt a resolution repealing the general concept plan
approval and the development stage plan approval for that portion of
the PUD that has not received final plan approval and re-establishing
the zoning and other ordinance provisions that would otherwise be
applicable.
6. SITE IMPROVEMENTS: At any time following the approval of a
development stage plan by the Council, the applicant may, pursuant to
the applicable ordinances of the City, apply for and the Administrator
may issue grading permits for the area within the PUD for which
development stage plan approval has been given.
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[D]
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If in approving the development stage plan the Council expressly
authorizes it, the applicant may, pursuant to the applicable ordinances
of the City, apply for and the Administrator may issue building
permits for model homes to be constructed within the area ofthe PUD
provided, however, that no such permit shall be issued unless the
Administrator shall first determine that the plans for any structure
meet all applicable requirements of the Zoning Ordinance, State of
Minnesota Uniform Building Code, and/or any other applicable
federal, state, and local codes.
FINAL PLAN:
L PURPOSE: The final plan is to serve as a complete, thorough, and
pennanent 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 conjunction with other City ordinances as the land use
regulation applicable to the PUD.
2.
SUBMISSION OF FINAL PLAN: Upon approval ofthe
development stage plan and within the time established by Section 20-
4 [C) 5 of this chapter, the applicant shall file with the Administrator
a final plan consisting of the information and submissions required by
Section 20-3 of this Chapter for the entire PUD or for one or more
stages. The final plan is intended only to add detail to and to put in
final form the information contained in the general concept plan and
the development stage plan and shall conform to the development
stage plan in all respects.
3. RECORDING OF FINAL PLAN: Within ten (10) days of its
approval, the Administrator shall cause the final plan, or such portions
thereof as are appropriate, to be recorded with the County Recorder,
Register of Deeds, or Register ofTitIes.
4. BUILDING AND OTHER PERMITS: Except as otherwise expressly
provided herein, upon receiving notice from the Administrator that the
approved Enal plan has been recorded and upon application by the
applicant pursuant to the applicable ordinances of the City, all
appropriate officials of the City may issue building and other permits
to the applicant for development, construction, and other work in the
area encompassed by the approved fmal plan provided that no such
pennit shall be issued unless the appropriate official is first satisfied
that the requirements of all codes and ordinances which are applicable
to the permit sought have been satisfied.
5.
LIMITATION ON FINAL PLAN APPROVAL: Within one (I) year
after the approval of a final plan for PUD or such shorter time as may
be established by the approved development schedule, construction
shall commence in accordance with such approved plan. Failure to
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commence construction within such period shall, unless an extension
shall have been granted as hereinafter provided, automatically render
void the PUD permit and all approvals ofthe PUD plan, and the area
encompassed within the PUD shall thereafter be subject to those
provisions of the zoning ordinances and other ordinances applicable in
the district in which it is located. In such case, the Council shall
forthwith adopt an ordinance amendment repealing the PUD permit
and all PUD approvals and re-establishing the zoning and other
ordinance provisions that would otherwise be applicable. The time
limit established by this paragraph may, at the discretion ofthe
Council, be extended for not more than one (I) year by ordinance or
resolution duly adopted.
6.
INSPECTIONS DURING DEVELOPMENT:
(a)
COMPLIANCE WITH OVERALL PLAN: Following final
plan approval of a PUD or a stage thereof, the Building
Inspector shall, at least annually until the completion of
development, review all permits issued and construction
undertaken and compare actual development with the
approved plans for development and with the approved
development schedule.
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If the Building Inspector finds that development is not
proceeding in accordance with the approved schedule or that it
fails in any other respect to comply with the PUD plans as
finally approved, he shall immediately notify the Council.
Within thirty (30) days of such notice, the Council shall either:
1. revoke the PUD permit by ordinance amendment, and
the land shall thereafter be governed by the regulations
applicable in the district in which it is located; or
11. shall take such steps as it deems necessary to compel
compliance with the final plans as approved; or
111. shall require the landowner or applicant to seek an
amendment of the final plan.
b. COMPLIANCE WITH CONSTRUCTION PLANS AND
DRA WINGS: All improvements to be constructed or erected
shall be subject to inspection by the City Building Inspector.
The cost attributable to all inspections required by this
subparagraph shall be charged to and paid by the o'Wner or
applicant. Before any required inspections take place, the
owner or applicant may be required to post a deposit to cover
. the cost of such inspections. The owner or applicant shall give
MONTICELLO ZONING ORDINANCE 20/18
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MONTICELLO ZONING ORDINANCE
at least twenty-four (24) hours written notification to the City
Building Inspector prior to the performance of any of the
following work:
L The surfacing of any roadway or street;
lL The installation of any curbing or gutters;
ilL The grading or backfilling of any open trench or
excavation in which any utility facilities, including but
not limited to, water line, sewer lines, gas lines, and
electrical cables, shall have been installed,
If upon inspection, in the opinion of the City Building
Inspector, any work does not comply with the approved
construction plans and drawings of the approved final
plan, the City Building Inspector shall have authority to
order that all such work shall be terminated until such
time as necessary steps are taken to correct any defects
or deficiencies, The owner or applicant shall notify the
City Building Inspector and request a reinspection,
Upon completion of all required improvements within
the area covered by the approved final plan, the owner
or applicant shall notify the City Building Inspector
who shall thereupon conduct a final inspection of all
improvements as installed from the approved
construction plan and drawings or approved final plan,
If said final inspection reveals defects which will, in
the opinion of the City Building Inspector, adversely
affect the performance, suitability, or desirability of
said improvements, the Building Inspector shall notify
the applicant in writing of such defects, deficiencies, or
deviations, and the owner or applicant shall, at his sole
cost and expense, correct such defects or deviations
within six (6) months ofthe date of notifications,
When such defects, deficiencies, or deviations have
been corrected, the owner or applicant shall notify the
City Building Inspector that the improvements are
again ready for final inspection,
If a final inspection indicates that all improvements as
installed contain no defects, deficiencies, or deviations,
then within ten (\0) days from the completion of such
inspection, the City Building Inspector shall certify to
the Council that all improvemeuts have been installed
in confonnity with the construction plans and drawings
and the final plan. The Council shall thereupon by
resolution fonnally accept such improvements at which
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time they shall become the property of the City of
Monticello.
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