City Council Ordinance 546111' I WKWE�i aIJI IR
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE
FOR SECTION 2.4 (P) - PLANNED UNIT DEVELOPMENTS
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, HEREBY
ORDAINS.
SECTION 1. Title 10 of the Monticello Zoning Code of the City of Monticello, Section 2.4
– Specific Review Procedures and Requirements is amended as follows:
2.4 (P) Planned Unit Developments
(1) Purpose and Intent
The purpose of the Planned Unit Development (PUD) zoning district is to provide
greater flexibility in the development of neighborhoods and non - residential areas in
order to maximize public values and achieve more creative development outcomes
while remaining economically viable and marketable. This is achieved by
undertaking a collaborative process that results in a development outcome exceeding
that which is typically achievable through the conventional zoning district. 1f a
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and bey&nd thw&e "ievabfe- ttr °— an- vettdwtakaning rlistrk- -t; t_The City
reserves the right to deny the PUD rezoning and direct the developer to re -apply
under the standard applicable zoning district.
(2) Initiation of Proceedings
Applications for a PUD shall be initiated by application of the property owner or
other person having authority to file an application pursuant to Section 2.3(B),
Authority to File Applications.
(3) Reflection on the Official Zoning Map
(a) PUD provisions provide an optional method of regulating land use
which permits flexibility in allowed uses and other regulating
provisions. In some circumstances, however, rules and regulations
governing the un&Wyir b -or ieinal zoning distric or other zonine
reputations found elservltere in the City's ordinances, may be
appropriate to apply within the PUD. As such, approval of a Planned
Unit Development and execution of a PUD agreement shall require the
property in question be rezoned to PUD,– bed�ron
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dktrie-t..For each PUD District, a speciIc ordinance shall be
adopted, ulon� with a tracking desi#rnatiort far use on the ofitcial
ORDINANCE NO. 546
zoning map to distinguish it from other PUD districts and identify
the adopted ordinance in the City Code. Once a PUD has been
granted and is in effect for a parcel, no building permit shall be issued
for that parcel which is not in conformance with the approved PUD
Plan, the current Minnesota State Building Code and all associated
documents, and with all other applicable City Code provisions.
(b) All PUD rezonings approved prior to the effective date of this
ordinance shall retain their zoning classifications of R -PUD, and shall
continue to be governed by the ordinance and resolutions which
created these areas.
(4) Permitted Locations for PUD rezoning
A rezoning to PUD may be requested for any residential, commercial, or
industrial zoned area.
(5) n =n-PUD skeQuali/ieations
Rezonings to PUD will not-be considered only for areas r°° wn— W -avre -of land in
single ownership or control, except in the following circumstances:
(a) Natural features of the land are such that development under
standard zoning regulations would not be appropriate in order to
conserve such features;
(b) The land is intended to be developed in accordance with a prior PUD
adjacent to or across the street from the subject property; or
(c) The PUD process is desirable to ensure compatibility and careful
consideration of the effect of a development on surrounding land
uses.
(d) - Multiple party ownership is adequately secured through a
corporation, partnership, or other legal entity that will ensure the
ability to fulrill all of the obligations of the PUD process. including
approvals, development, and securities,
(6) Permitted Uses Within PUDs
Uses within a PUD shall be governed by the ordinance establishing the PUD and by
the conditions, if any, imposed by the City in the approval process and PUD
documents. 4fa- specifu use �s rarrt-establisherF rtFadil orT��
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(7) Expectations of a Development Seeking a Rezoning to PUD
The provisions of this section are intended to achieve the following public values
within a PUD zoning district and associated subdivision:
(a) Ensure high quality construction standards and the use of high
quality construction materials;
(b) Promote a variety of housing styles which include features such as
side or rear loaded garages, front porches, varying roof pitches, and
four sided architecture /articulation;
(e) Eliminate repetition of similar housing types by encouraging a
housing mixture "tea °� " ^,,,�.ae s�ftcicl- of-hemes
.f Apo that diversiLles the architectural
qualities of a neighborhood;
(d) Promote aesthetically - pleasing design which
within the neighborhood and appears attractive and inviting from
surrounding parcels;
(e) Incorporate extensive landscaping in excess of what is required by
code;
(f) Provide high - quality park, open space, and trail opportunities that
meet -or- exceed the expectations established in the Comprehensive
Plan;
(g) Provide a convenient and efficient multi -modal transportation system
to service the daily needs of residents at peak and non -peak use
levels, with high connectivity to the larger community.
(h) Minknize the exteit- of4h -e- Promote development f wiprint-and
1 111pervioussn r.1-ces 10 I'M exlen possibrcthat is designed to reduce
initial infrastructure costs and long -term maintenance and
operational costs;
(i) Where applicable M. iaximize the use of ecologically -based
approaches to stormwater management, restore or enhance on -site
ecological systems, and protect off -site ecological systems including
the application of Low Impact Development (LID) practices;
(j) Foster in inclusive community by providing a complementary mix of
lifecycle housing;
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(k) Preserve and protect important ecological areas identified on the
City's natural resource inventory (NRI);
(8) Areas of Flexibility
(a) The City shall consider an increase in the number t oiviw " u*ksderasity or
intensity oftlae nroleet along with urtrltrfseetcrtcd related reductions in lot width
and size if the PUD provides substantially more site amenities and public values,
as outlined in Section 2.4(P)(7), than could be achieved in a conventional
mskkwdaLdevelopment for the applicable zoning- dAh4e-tland use zone.
(b) The City shmTy ay consider a decrease in the amount of road width required or
right -of -way requirements if the PUD provides substantially more site amenities,
as outlined in Section 2.4(P)(7): and particularly those amenities that would
mitigate traffic concerns,-- than are found in a conventional resi lenttal
development for the applicable zoning district. Specifications and standards for
streets, utilities, and other public facilities shall be at the discretion of City
Council and must protect the health, safety, comfort, aesthetics, economic
viability, and general welfare of the city.
(c) The City shall consider flexibility with regard to lot size, width, and depth when
reviewing a PUD rezoning request. Specifications and standards for lots shall be
at the discretion of City Council, and shall encourage a desirable living
environment which assists in achieving the goals set out for PUDs.
(d) The City shall consider flexibility in the phasing of a PUD development. Changes
to the proposed staging or timing of a PUD may be approved by the City Council
when necessary or on the showing of good cause by the developer.
(9) PUD Procedure
All requests for rezoning to Planned Unit Development shall follow the steps outlined
below.
(a) Collaborative process and project goal setting
The collaborative process and project goal setting step is intended to allow the
applicant to meet with members of the Community Development Department and
appointed and elected officials to gain an understanding of the public values
related to development of the subject site. The feedback received during this step
will provide guidance to the applicant on things - elements and objectives to
incorporate into a future concept plan.
ORDINANCE NO. 546
(i) Initiation of Proceedings
A request for a PUD Concept Plan Review shall be initiated by application of
the property owner or other person having authority to file an application
pursuant to Section 2.3(B), Authority to File Applications.
(ii) Application
1. All applications for a PUD Collaborative process and project goal setting
session shall be in accordance with Section 2.3, Common Review
Requirements.
2. In addition to common review requirements, a site analysis shall be
submitted in anticipation of the pre- application activities which includes
the following information:
a. Location of wooded areas or significant features (environmental,
historical, cultural) of the parcel;
b. Indicate the base flood elevation level (if applicable) and show the
general location of floodways and /or flood fringe areas;
c. Delineation of the ordinary high water levels of all water bodies;
d. Delineation of the shoreland district boundary (if applicable);
e. General locations of wetlands (if applicable);
f_Calculation of gross acres on the site proposed for development;
f.4. Calculation of net acres on the site Droposed For development,
including a calculation of and deduction from the gross acreage of;
all wetlrands, flbodplains, slopes of more than 18%, signifl "cant
woodlands, areas identified in tlae City's Natural Resources
Inventorv, and any other unbuildable areas of the protect site.
g:h..Indication of neighboring land uses surrounding the proposed
development site.
(iii) Collaborative Process and Project Goal Setting Process
1. The applicant shall meet with the city staff for a pre - application
conference prior to submittal of a concept plan application to the city.
The primary purpose of the conference is to allow the applicant and staff
an opportunity to review the comprehensive plan and to make a
preliminary determination if the proposal is conducive to a PUD rezoning.
2. City staff and the applicant shall work together to schedule a concurrent
worksession with policymakers of the city (applicable commissions and
City Council) to discuss the public values on the site using the established
public values in Section 2.4(P)(7) as a guideline. The result of this
meeting will be a public values statement.
3. As Dart of the collaborative work session, the Planning Commission and
City Council will direct whether the applicant shall hold a neighborhood
ORDINANCE NO. 546
meeting. The city and all owners of property within 1,000 feet of the
proposed PUD (or a larger area as determined by the Community
Development Department) shall be given notice of the meeting. The
purpose of the meeting is to inform the neighborhood of the proposed
PUD, discuss the concepts and basis for the plan being developed and to
obtain information and suggestions from the neighborhood.
4. The applicant shall be responsible for the costs incurred by the city for
attorney, engineering, planning, or other onsultant City- incurred fees
costs during these pre- concept plan activities.
(b) PUD Concept Plan
Prior to submitting formal preliminary plat and rezoning applications for the
proposed development, the applicant shall prepare an informal concept plan and
present it to the appropriate commissions and City Council at a concurrent
worksession, as scheduled by the Community Development Department. The
purpose of this meeting is to determine if all parties are on a common track and if
the development reflects the stated public values;. The applicant may request
that the Concept and Development Stage PUD applications be considered
concurrently. Allowance for concurrent review shall be at the sole discretion of
the City, and the applicant assumes any risk, rnancial or otherwise, of
proceeding with plan development bevond the stage at ivitich the City has
identified PUD review is offlcial_ly under consideration. ffithout specific
written authorization front the Community Development Department, no
application for Development Stage PUD shall be considered complete prior to
City Council action on the Concept Stage PUD.
(i) Initiation of Proceedings
A request for a PUD Concept Plan Review shall be initiated by application of
the property owner or other person having authority to file an application
pursuant to Section 2.3(B), Authority to File Applications.
(ii) Application
1. All applications for a PUD Concept Plan Review shall be in accordance
with Section 2.3, Common Review Requirements.
2. In addition to common review requirements, applications for a PUD
Concept Plan Review shall also include at least the information in Section
2.4(P)(9)(b)(iii) below to be considered complete (except as exempted by
the Community Development Director).
(iii) Specific PUD Concept Plan Submittal Requirements
An applicant shall provide the following information unless waived by staff:
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1. A listing of contact information including name(s), address(es) and phone
number(s) of: the owner of record, authorized agents or representatives,
engineer, surveyor, and any other relevant associates;
2. A listing of the following site data: Address, current zoning, parcel size in
acres and square feet and current legal description(s);
3. An updated site analysis incorporating any additional features or requested
changes identified during the collaborative process and project goal setting
session;
4. A narrative explaining how the identified public values for the site are
addressed by the concept plan;
5. A listing of general information including the number of proposed Io#
residential units, commercial and industrial land uses by category of
use, Public use areas including a description of UroUosed use, and any
other land use Uroposed as part of the PUD
l m"ma;
6. Calculation of the proposed density of the project and the potential density
under standard zoning regulations, including both gross density and net
density, accounting for developable and undevelopable land.
Undew1opable land shall include all wetlands, flood plains, seusitive
ecological areas identified in the Natural Resource Inventory, slopes
greater than 18 %. poor soils, and areas of concentrated woodlands.
7. Outline a development schedule indicating the approximate date when
construction of the project, or stages of the same, can be expected to begin
and be completed (including the proposed phasing of construction of
public improvements and recreational and common space areas).
8. A Concept PUD Plan illustrating the nature and type of proposed
development. At a minimum, the plan should show:
a. Area calculations for gross land area
b. Existing zoning district(s)
c. Layout of proposed lots and proposed uses. Denote outlots planned
for public dedication and /or open space (schools, parks, etc.)
d. Area calculations for each parcel
e. General location of wetlands and/or watercourses over the property
and within 200 feet of the perimeter of the subdivision parcel
f. Location of existing and proposed streets within and immediately
adjacent to the subdivision parcel
g. Proposed sidewalks and trails
h. Proposed parking areas
i. Proposed parks, common areas, and preservation easements (indicate
public vs. private if applicable)
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j. General location of wooded areas or significant features
(environmental, historical, cultural) of the parcel
k. Location of utility systems that will serve the property
Other: An applicant may submit any additional information that may
explain the proposed PUD.
(iv) PUD Concept Plan Review
Upon receiving a complete PUD concept plan application, the Community
Development Department, aloe. with other designated staff, shall review
the proposal and generate a staff report analyzing the proposal against the
expectations for PUDs. The report shall be forwarded to the appropriate
commissions —as determined by the Community Development
jJartme# DZI'eCtOr --an,r the r:s. rr,,,.nen or „,,,. .
2. Commissions receiving the report shall review the PUD rezoning request,
and make a recommendation to the City Council with regard to the plat
layout, design, density, uses, deviations, and achieved public values of the
concept plan; The Planning Commission shall be responsible far' the
,formal comments to the City Council. Other staff and commission
reports shall be provided to the Planning Cornrnission and made a part
of the Planning Commission's report.
3. The Council shall consider the recommendations of the commissions that
have conducted a review, and provide feedback to the applicant on the
proposed public values, proposed deviations, and any other aspect of the
application. The Council shall either make a motion that the applicant —if
they choose to proceed —move forward with the PUD preliminary plat and
rezoning requests, or direct the applicant to submit a development
application using conventional zoning district standards. The Council
shall make its finding within the time allotted by Minn. Stat. Section
15.99, and may take up the application without Planning Commission
action if the Planning Commission has not acted within sixty l60) days
of its original public hearing elate. The City Council's findings are
explicitly not an approval of the proiect, and are intended to eepresent
the compliance of the proposed project with the Public Values
Statement the applicable zoning regulations, and the Comprehensive
Plan.
4. After the City policymakers have reviewed and commented on the
Concept PUD plan, city staff shall meet with any other responsible
agencies, as applicable, to explore opportunities of partnership to enhance
the stated public values.
ORDINANCE NO. 546
(c) PUD Preliminary Plat and Rezoning — Development Stale PUD
(i) Initiation of Proceedings
1. Concurrent applications for rezoning to PUD and a Preliminary Plat shall
be submitted to the City within one year of the City Council's
tndin s on the PUD Concept Plan. Failure to submit
applications for rezoning to PUD and a Preliminary Plat within the -one
year timefinze -of the City Council's fintlinps will require the applicant to
begin the process with the Collaborative PUD meeting amen-- fren"hat
Peintforward.
2. The requests for rezoning to PUD and Preliminary Plat shall be initiated
by application of the property owner or other person having authority to
file an application pursuant to Section 2.3 (B), Authority to File
Applications. The Development Stage PUD request constitutes a
separate gMlication and shall be subject to neiv timelines for the
Purposes of Minn. Stitt. Section 15.99.
(ii) Application
1. All applications for rezoning to PUD and Preliminary Plat shall be in
accordance with Section 2.3, Common Review Requirements.
2. The application for rezoning to PUD shall be in accordance with Section
2.4(B), Zoning Ordinance Text and Zoning Map Amendments.
3. The application for Preliminary Plat shall be in accordance with City Code
Title 11, Chapter 4, Data Required for Preliminary and Final Plats; and
shall include the additional information requirements listed in Section
2.4(P)(9)(c)(iii) below to be considered complete (except as exempted by
the Community Development Department).
4. If the PUD is proposed to develop over a timeframe exceeding two years,
a PUD 4fgstea Phasing Plan for the entire project (to be completed in
phases) may be submitted. Subsequent PUD Final Plan applications
would only grant approval for an individual phase.
(iii) Specific PUD Preliminary Plat and Rezoning — Development Stage
Submittal Requirements
An applicant shall provide a separate PUD Development Plan clearly
delineating the proposed development and all features not consistent with
underlying zoning regulations (e.g. setback deviations). At a minimum, the
plan should show:
1. Administrative information (including identification of the drawing as a
"Preliminary PUD Development Plan," the proposed name of the
subdivision, contact information for the developer and individual
preparing the plan, signature of the surveyor certifying the document, date
of plan preparation or revision, and a graphic scale and true north arrow);
ORDINANCE NO. 546
2. Area calculations for gross land area, wetland areas, wetland buffers,
right -of -way dedications, conservation areas, and proposed public and
private parks;
3. Existing zoning district(s);
4. Layout of proposed lots with future lot and block numbers. The perimeter
boundary line of the subdivision should be distinguishable from the other
property lines. Denote outlots planned for public dedication and /or open
space (schools, parks, etc.);
5. Area calculations for each parcel;
6. Proposed setbacks on each lot (forming the building pad) and calculated
buildable area;
7. Proposed gross hardcover allowance per lot (if applicable);
8. Existing contours at intervals of two feet. Contours must extend a
minimum of 200 feet beyond the boundary of the parcel(s) in question;
9. Delineation of wetlands and/or watercourses over the property and within
200 feet of the perimeter of the subdivision parcel;
10. Delineation of the ordinary high water levels of all water bodies;
11. Grading, drainage and erosion control plan Prepared by a registered
professional engineer, providing all information outlined in Monticello
Zoning Code, Chapter 4, Section MO.
12. Location, width, and names of existing and proposed streets within and
immediately adjacent to the subdivision parcel;
13. Easements and rights -of -way within or adjacent to the subdivision
parcel(s);
14. The location and orientation of proposed buildings;
15. Colored building elevations which detail the materials being used.
16. Proposed sidewalks and trails;
I Z Vehicular circulation system showing location and dimension for all
driveways, narking spaces, parking lot aisles, service roads, loading
areas, fire lanes, emergency access, if necessary, public and Private
streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic
control devices.
18. Lighting location, style and mounting and light distribution plan.
19. Proposed parks, common areas, and preservation easements (indicate
public vs. private if applicable);
20. Landscape plan Prepared by a qualified Professional Providing all
information outlined in Monticello Zoning Ordinance Section 43 D).
including planting counts, sizes and species.
ORDINANCE NO. 546
21. Location and detail of signage providing all pertinent information
outlined in Monticello Zoning Ordinance Section 2.400(3)(b).
22. Location, access and screening detail of large trash handling and
recycling collection areas in compliance with the requirements of
Monticello Zoning Ordinance Section 5.30)(31).
4-7, 23. Any other information as directed by the Community Development
Department.
(iv) PUD Preliminary Plat and Rezoning to PUD Review
1. The application for rezoning to PUD shall be reviewed in accordance with
Section 2.4(B), Zoning Ordinance Text and Zoning Map Amendments,
2. The application for Preliminary Plat shall be reviewed in accordance with
City Code Title 11, Chapter 3, Section 2, Preliminary Plat Procedure.
3. As part of the review process for both applications, the Community
Development Department shall generate an analysis of the proposal
against the expectations for PUDs and the previously established public
values statement to formulate a recommendation regarding the rezoning to
the planning commission and City Council.
4. The planning commission shall hold a public hearing and consider the
application's consistency with the intent and purpose of the PUD and
comprehensive plan goals. The planning commission shall make
recommendations to the City Council on the merit, needed changes, and
suggested conditions of the proposed rezoning, preliminary plat and PUD
development plan.
5. In approving or denying the ordinance to rezone the subject property to
PUD, the City Council shall make findings on the following:
a. The PUD plan is consistent with the city's comprehensive plan;
b. The PUD plan is tailored to the specific characteristics of the site and
achieves a higher quality of site planning and greater public benefits
than would be achieved under conventional provisions of the
ordinance;
c. The PUD plan addresses the purpose and intent of the PUD rezoning
laid out in Section 2.4(P)(1), and the public values statement
established at the beginning of the process
d. The PUD plan addresses the expectations of a PUD laid out in Section
2.4(P)(7);
e. The PUD plan maintains or improves the efficiency of public streets,
utilities, and other public services;
f The PUD plan results in development compatible with existing
adjacent and future guided land uses;
ORDINANCE NO. 546
g. How the PUD plan addresses the purpose and intent of the PUD
rezoning laid out in Section 2.4(P)(1), and the public values statement
established at the beginning of the process.
h. Whether the PUD can be accommodated by existing public services,
such as parks police, {ire, administration, and utilities, or the
developer has provided for the growth and extension of sttclt services
as a component ofthe PUD.
i. Whether the PUD is designed to take advantage of, and preserve, the
natural features of the subject property, including waferways,
,forested areas, natural prairie, topography, views, etc.
6. An ordinance rezoning the property shall be adopted that includes are
effective date that coincides with the approval and recording of the Final
Plat for the proper
(d) PUD Final Plat
(i) Initiation of Proceedings
I. A final plat that conforms with the preliminary plat and associated PUD
rezoning ordinance shall be submitted within 180 days of approval of the
or-dinanee,gwd- preliminary plat approval, unless otherwise extended by the
City Council. If the applicant fails to submit a final plat application or
extension request within this time period, the zoning he.- ll- re��°PZ back to
.he anderlying- zoning district tlrrou It rtre omit or irtee- arl ®Ptet�bv
the City Conneill UD application shall be considered void and the
applicant shall be reauired to begin the process with the Collaborative
PUD meeting.
2. The request for PUD Final Plat shall be initiated by application of the
property owner or other person having authority to file an application
pursuant to Section 2.3(B), Authority to File Applications.
(ii) Application
1. All applications for PUD Final Plat shall be in accordance with Section
2.3, Common Review Requirements.
2. The application for PUD Final Plat shall be in accordance with City Code
Title 11, Chapter 4, Data Required for Preliminary and Final Plats.
3. In addition to general city code requirements, applications For a PUD Final
Plat shall also include at least the information in Section 2.4(P)(9)(d)(iii)
below to be considered complete (except as exempted by the Community
Development Department).
(iii) Specific PUD Final Plat Submittal Requirements
1. If a PUD Master Plan for the entire project was submitted and approved as
part of the preliminary plat review, an updated Master Plan shall be
M .r:My DI.cM- 11
submitted incorporating all changes required by the preliminary plat
approval.
2. The PUD Development Plan shall be updated to incorporate all changes
required by the preliminary plat and rezoning approvals. This document
must clearly show all deviations from standard zoning being approved as
part of the PUD.
3. The City and -Wee ant shall prepare, and the Cltv and applicant shall
execute, a developer's agreement which references all PUD plans,
speeyies ° .,dMed • es, ..n... °°b - densities— development phasing,
required improvements, completion dates for improvements, the required
letter of credit, all required development fees, escrows, and warranties,
and any other information deemed necessary by the City.
r 4.TI7e ON shall, upon reeordinQ otthe Fznal Plat, publish the PUD
Ordinance speeijging land uses, densities, performance standards, and
ongoing general obligations of occupants ofthe PUD. Such ordinance
shall create a zoning district that is speciire to the property for which the
PUD was applied, and shall be designated in such a way as to be able to
mark the official zoning map to identify the PUD ordinance. The PUD
ordinance shall also designate that such property is thereby rezoned to
the PUD district as adopted.
475.Up -to -date title evidence for the subject property in a form acceptable to
the City shall be provided as part of the application for the PUD Final Plat.
3- :6.Developer shall provide warranty deeds for Property being dedicated to
the City for all parks, outlots, etc., free from all liens and encumbrances
except as otherwise waived by the City Council.
47.Developer shall provide all easement dedication documents for easements
not shown on the final plat including those for trails, ingress /egress, etc.,
together with all necessary consents to the easement by existing
encumbrancers of the property.
(iv) PUD Final Plat Review
The application for PUD Final Plat shall be reviewed in accordance with City
Code Title 11, Chapter 3, Section 3, Final Plat Procedure.
(10) PUD Amendments
Approved PUD's may be amended from time to time as a result of unforeseen
circumstances, overlooked opportunities, or requests from a developer. At such a
time, the applicant shall make an application to the city for a PUD amendment. All
such amendments will be processed as one of the following:
(a) Administrative Amendment — The Community Development Department may
approve minor changes in the location, placement, and height of buildings if such
ORDINANCE NO. 546
changes are required by engineering or other circumstances, ne
time the Dorm P&LD F i f of .1. elia .., ... • :nfleed -minor
Provided the changes conform to the review criteria applied by the Planning
Commission and City Council, and are consistent with all requirements of the
PUD ordinance. Under no circumstances shall an administrative amendment
allow additional stories to buildings, additional lots, or changes to designated uses
established as part of the PUD.
(b) PUD Adjustment — an adjustment to a PUD may be made through review and
approval by a simple majority vote of the City Council with or without referral to
the Planning Commission. To qualify for this review, the minor adjustment shall
not:
(i) Eliminate, diminish or be disruptive to the preservation and protection of
sensitive site features.
(ii) Eliminate, diminish or compromise the high quality of site planning, design,
landscaping or building materials.
(iii) Alter significantly the location of buildings, parking areas or roads.
(iv) Increase or decrease the number of residential dwelling units by more than
five percent.
(v) Increase the gross floor area of non - residential buildings by more than three
percent or increase the gross floor area of any individual building by more
than five percent (residential lots not guided for specific structure sizes are
excluded from this requirement).
(vi) Increase the number of stories of any building.
(vii) Decrease the amount of open space or alter it in such a way as to change its
original design or intended function or use.
(viii) Create non - compliance with any sic4al- condition attached to the approval of
the Final PUD Plan.
(c) PUD Amendment — any change not qualifying for an administrative amendment
or a PUD adjustment shall require a PUD amendment. An application to amend a
PUD shall be administered in the same manner as that required for an initial PUD
beginning at PUD Preliminary Plat.
(11) PUD Cancellation
A PUD shall only be cancelled and revoked upon the City Council adopting an
ordinance rescinding the ordinance approving the PUD. In any event, it shall not be
necessary for the council to find the creation of a PUD district was in error. The
Ordinance revoki the PUD s /hall include a section rezoning the property to
agricultural use, or the City Council may rtetermirze that a more appropriate base
ORDINANCE NO. 546
zoning district should he chosen to further the intent and ohiectives of the
Comprehensive Plan.
(12) Administration
In general, the following rules shall apply to all PUDs:
(a) Rules and regulations: No requirement outlined in the PUD process shall restrict
the City Council from taking action on an application if necessary to meet state
mandated time deadlines;
tune of SH—Inri m.
(0Lt) Preconstruction: No building permit shall be granted for any building on
land for which a PUD plan is in the process of review, unless the proposed
building is allowed under the existing zoning and will not impact, influence, or
interfere with the proposed PUD plan.
{d�(c) Effect on Conveyed Property. In the event any real property in the
approved PUD Agreement is conveyed in total, or in part, the buyers thereof shall
be bound by the provisions of the approved Final PUD Plan_ constituting a part
thereof as well as the PUD zoning ordinance; provided, however, that nothing
herein shall be construed to create non - conforming lots, building sites, buildings
or uses by virtue of any such conveyance of a lot, building site, building or part of
the development created pursuant to and in conformance with the approved PUD.
SECTION 2. This Ordinance shall take effect and be in full force from and after its
passage and publication. The ordinance in its entirety shall be posted on
the City website after publication. Copies of the complete Ordinance are
available online and at Monticello City Hall for examination upon request.
ORDINANCE NO. 546
ADOPTED BYthe Monticello City Council this 26th day of March, 2012.
CITY OF MONTICELLO
Clint Herbst, Mayor
Je all, City Administrator
VOTING IN FAVOR: Herbst, Hlgart, Perrault, Posusta, Stumpf
VOTING IN OPPOSITION: None