HomeMy WebLinkAboutCity Council Packet 04-09-2024 SpecialCity Council 1 of 1 April 9, 2024
CITY OF PLYMOUTH
AGENDA
Special City Council
April 9, 2024, 5:00 PM
1.CALL TO ORDER
2.TOPICS
2.1 Discuss Inclusionary Housing Policy
Draft Inclusionary Housing Policy (2-15-2024)
IHP Transmittal Letter
HRA Strategic Plan (2021)
Affordable Housing Activity (2024 Update)
2023 Ownership and Rent Affordability Limits - Metropolitan Council
2.2 Review potential changes to the Planned Unit Development (PUD) process
PUD Memo
Analysis of other Codes
Existing PUD Regulations (Plymouth)
St Cloud PUD Rules
Golden Valley PUD Rules
Minneapolis PUD Rules
2.3 Set future study sessions
April
May
June
3.ADJOURN
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Special City
Council
April 9, 2024
Agenda
Number:2.1
To:Dave Callister, City Manager
Prepared by:Grant Fernelius, Community and Economic Development
Director
Reviewed by:Grant Fernelius, Community and Economic Development
Director
Item:Discuss Inclusionary Housing Policy
1.Action Requested:
Staff is requesting that the City Council discuss and provide feedback on an Inclusionary Housing
Policy.
2.Background:
In 2021, the Plymouth Housing and Redevelopment Authority (HRA) was tasked with developing a
Strategic Plan for the city. A copy of that document is attached for reference. The plan outlined a set
of policy recommendations regarding housing and redevelopment needs in the community and a
potential role for the city and HRA to play. One of those recommendations was to develop a Mixed
Income Housing Policy intended to encourage the development of additional affordable housing.
The policy primarily focused on incentives and expectations in the event a private developer sought
assistance from the city for a project. The HRA and City Council discussed this policy in the Spring of
2022 and the HRA has spent the last 24 months refining the document. The policy was also
formulated with the assistance of city staff and the city attorney, as well as outside stakeholders,
including developers, non-profits and other housing advocates.
Key Policy Provisions
The policy as currently drafted is focused on financial assistance. Any time a developer seeks
financial support from the city, the developer would be expected to include a minimum number of
affordable units. To provide flexibility, the developer can choose between a menu of options
ranging from 20% of the units affordable to households at 60% Area Median Income (AMI); 10% of
units at 50% AMI, or 5% of units affordable at 30% AMI. Generally, a higher level of subsidy is
needed to construct more deeply affordable housing resulting in fewer units. The developer would
enter into an agreement with the city committing to affordability for a minimum of 25 years.
Typically, to build affordable housing, developer's need some form of subsidy. The most common
tools are the Low-Income Housing Tax Credit (LIHTC) or Tax Increment Financing (TIF) which have
similar periods of affordability. Other requirements include the need to ensure that the units are
dispersed throughout a building and indistinguishable from the market rate units in a project.
Additional details are outlined in the attached policy.
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Policy vs. Ordinance
It is important to note that the document presented for consideration is a policy, not a mandate like
an ordinance. However, it does set expectations when assistance is requested. The HRA did have
several discussions about the ability to require affordable housing when certain types of land use or
zoning decisions are made. In consultation with the city attorney, the answer is generally no. While
the city does have the authority to guide and zone for different uses (including higher density) it
cannot compel a developer to build affordable housing. There is no statutory authority to do so. In
some cases, such as when a Planned Unit Development (PUD) is requested there is latitude to
negotiate things like density bonuses, parking reductions, narrower setbacks, and related incentives
that help lower the cost of development. This topic will be covered as part of the PUD discussion on
Tuesday. The bigger issues with any type of mandate are that it can sometimes steer development
elsewhere. It is also difficult to require affordability on home ownership projects where there are
fewer housing finance tools and much deeper subsidies needed.
Supplemental Statement
The HRA board had very strong feelings that the city should consider adopting an ordinance to
require affordable housing. Based on research, most communities use zoning incentives to
encourage affordable housing development. The City of Bloomington did explore an affordable
housing requirement but is in the process of revisiting the topic. The board requested that a
supplemental statement be included in their recommendation which is attached.
What's Considered Affordable
In general, housing affordability is targeted at three income categories: 30%, 50% and 60% of Area
Median Income (AMI) according to household size. In 2023, the Twin Cities Area Median Income for a
family of four was $124,900. A family of four at 30% of AMI ($37,250 per year or 17.90 hourly) could
afford a 2-bedroom apartment at $838 per month or a home priced at $109,900. A family of four at
50% of AMI ($62,100 per year or $29.85 hourly) could afford a 2-bedroom unit at $1,397 per month or
a home priced at $192,800. And lastly, a family of four at 60% of AMI ($74,520 per year or $36.30
hourly) could afford a two-bedroom unit at $1,676 per month or a home priced at $234,200. The
fourth tier of affordability is often referred to as the "missing middle", which are households at 80%
of AMI who make less than the median income, but too much to qualify for subsidized housing.
There are few finance tools available to assist 80% AMI projects, except for local funding sources
(referenced below). Additional information is attached from the Met Council on housing
affordability and rent levels based on household size and number of bedrooms.
Affordable Housing in Plymouth
It is worth noting that the city and HRA have a good track record on supporting the development of
affordable housing. The attached document provides a summary of the projects developed in the
city over the last couple of decades that have been supported by the city or HRA. The city is
expected to receive $600,000 in 2024 and over $1.0 million in 2025 from the metro-wide housing
sales tax pool. In addition, the city and HRA have available surplus tax increment (known as pooled
TIF) from existing TIF districts that could be used for affordable housing. While the focus of the
discussion next week is on the inclusionary housing policy, the city will likely need to support future
affordable development, and these are potential resources.
Feedback and Next Steps
3
Staff is seeking feedback from council on the proposed policy. Staff believes the current draft is a
good place to start and the policy can always be modified in the future as circumstances change. The
goal is to reach consensus on the policy scope and then bring it back for formal adoption in the near
future.
3.Budget Impact:
None
4.Attachments:
Draft Inclusionary Housing Policy (2-15-2024)
IHP Transmittal Letter
HRA Strategic Plan (2021)
Affordable Housing Activity (2024 Update)
2023 Ownership and Rent Affordability Limits - Metropolitan Council
4
1
Inclusionary Housing Policy
(HRA Board Adopted: 1-25-2024)
The City recognizes the need to provide affordable housing for a broad range of income levels to
maintain a diverse population and attract residents to live or work in the city. This Policy has
been created to ensure that a reasonable proportion of each new residential development
receiving City financial assistance include units affordable to low and moderate income
households (generally defined as 30% to 80% of Area Median Income). The requirements set forth
in this Policy further the City’s housing goals as outlined in the Comprehensive Plan to create and
preserve affordable housing opportunities.
I. Definitions
1. City Financial Assistance: The use of public funds of, or administered by, the City for any
new residential development, including but not limited to:
A. City or HRA funds or fee waivers;
B. Community Development Block Grant (CDBG);
C. Housing Rehabilitation Funds;
D. Revenue Bonds (private activity bonds are negotiable);
E. Tax Increment Financing (TIF);
F. Tax Abatement;
G. Land Write Downs;
2. Unit(s): Apartment, housing condominium, townhome, duplex, triplex, fourplex or a
single-family dwelling.
3. Development: Any undertaking to provide residential dwelling Units to which requests for
City Financial Assistance are made.
II. Applicability and Minimum Development Size
This Policy applies to all new residential Developments and existing multi-family dwellings that
receive City Financial Assistance and meet the following thresholds:
(1) New Developments that create at least 10 dwelling Units; or
(2) Reconstruction, expansion or demolition of an existing residential multi-
family building that will contain after completion of such alteration at least
10 dwelling Units,
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III. Affordable Dwelling Units
General requirements
To ensure affordability, the City requires that (i) a certain percentage of Units in a Development
that receive City Financial Assistance are reserved for and leased or sold to individuals or families
of low or moderate-income as described in this section, and (ii) that the rents for such Units
remain affordable for such individuals and families, or, in the case of the sale of a Unit, that the
sale price at the time of sale is affordable for such individuals and families.
(i) Number of Affordable Units
A Development that is subject to this Policy shall provide affordable dwelling Units equal to the
percentages cited below, times the total number of Units in the Development. The required number
of affordable dwelling Units is based on the total number of dwelling Units that are approved by
the City. If the final calculation includes a fraction, the fraction shall be rounded to the nearest
whole number.
(ii) Income Targets
The required number of affordable dwelling Units within a residential Development subject to this
Policy shall be reserved for and either leased to or sold to individuals or families who meet the income
thresholds as outlined below. The Developer can select the level of affordability that is appropriate for
their project:
(1) Rental Developments:
A. At least twenty percent (20%) of the Units shall be reserved for and leased to
individuals or families whose household income does not exceed sixty
percent (60%) of the Area Median Income (AMI); or
B. At least ten percent (10%) of the Units shall be reserved for and
leased to individuals and families whose household income
does not exceed fifty percent (50%) of AMI; or
C. At least five percent (5%) of the Units shall be reserved for and leased to
individuals or families whose household income does not exceed thirty
percent (30%) of AMI.
(2) For-Sale Developments:
A. At least fifteen percent (15%) of the Units shall be reserved for and sold to
individuals or families whose household income does not exceed eighty percent
(80%) of the AMI.
(iii) Rent and Sale Price Levels
Rental Unit: The monthly rental price for affordable dwelling Units shall include rent and utility
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costs and shall be based on the applicable Area Median Income (AMI) for the Twin Cities
metropolitan area adjusted for bedroom size and calculated annually b y Minnesota Housing for
establishing rent limits for the Low-Income Housing Tax Credit (LIHTC) Program.
For-Sale Developments: The qualifying sale price for an owner-occupied affordable dwelling Unit
shall be based on the applicable amount affordable to household or individual at 80% Area
Median Income (AMI) for the metropolitan area and calculated annually by Minnesota Housing
for the Impact Fund program.
Period of Affordability
For rental Developments subject to this Policy, the period of affordability for the affordable
dwelling Units shall be a minimum of twenty-five (25) years. Units available in for sale
Developments shall be subject to this policy until sold to an income eligible owner.
Standards for Affordable Rental Units
Size and Design of Affordable Units
The size and design of the affordable dwelling Units should be consistent and comparable with
the market rate Units in the same project and are subject to the approval of the City.
Exterior/Interior Appearance.
The exterior materials and design of the affordable dwelling Units in any Development subject
to this Policy shall be indistinguishable in style and quality with the market rate Units in the
Development. The interior finish and quality of construction of the affordable dwelling units shall
at a minimum be comparable to entry level rental or ownership housing in the City. Construction
of the affordable dwelling Units shall be concurrent with construction of the market rate dwelling
Units.
IV. Integration of Affordable Dwelling Units
Distribution of affordable housing Units.
The affordable dwelling Units shall be incorporated into the overall Development unless
expressly allowed to be in a separate building or a different location approved by the City
Council. Affordable dwelling Units shall be distributed equally by bedroom size and throughout
the building.
Number of bedrooms in the affordable Units.
The affordable dwelling Units shall have a number of bedrooms in the approximate proportion
as the market rate Units unless the developer demonstrates the need for a different proportion
based upon a documented need for such units within the city. The mix of Unit types, both
bedroom and accessible Units, of the affordable dwelling Units shall be approved by the City.
Tenants Change of Income
Affordable rental dwelling Units shall be rented only to income eligible families during the period
of affordability. An income eligible family may remain in the affordable dwelling Unit for
additional rental periods if the income of the family does not exceed one-hundred forty percent
(140%) of the applicable AMI. If the family income exceeds this amount they must be moved to
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the first available market rate Unit that meets their household size. This provision shall not
supersede any rules that may apply for a federal or state housing program that allows for a
different change in tenant income.
V. Non-Discrimination Based on Rent Subsidies:
Developments covered by this Policy must not discriminate against tenants paying rent with
federal, state or local public assistance, including, but not limited to rental assistance, rent
supplements, and Housing Choice Vouchers.
VI. Housing Performance Agreement
(1) Applicability
Developments that are subject to this Policy shall enter into a Housing Performance
Agreement as described below, which outlines how the developer will comply with each
of the applicable requirements of this Policy.
(2) Approval
The Housing Performance Agreement shall be approved by the City.
(3) Contents.
The Housing Performance Agreement shall include at least the following:
A. General information about the nature and scope of the development
subject to these regulations.
B. For requests to an alternative to on-site provision of affordable housing,
evidence that the proposed alternative will further affordable housing
opportunities in the City to an equivalent or greater extent than
compliance with the otherwise applicable on-site requirements of this
Policy.
C. The total number of market rate Units and affordable dwelling Units in the
development by bedroom size and income threshold.
D. The pricing for each affordable ownership dwelling Unit. The pricing of each
unit shall be determined at time of approval. At time of sale this price may
be adjusted if there has been a change in the median income or a change
in the formulas used in this ordinance.
E. Proposed schedule of individual Unit development (market rate
vs. affordable units).
F. For owner-occupied units, documentation and specifications regarding the
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exterior appearance, materials and finishes of the development for each of
the affordable dwelling units illustrating that the appearance of affordable
Units are comparable to the appearance of the market-rate Units.
G. Any and all other information that City staff may request to achieve
the Council’s affordable housing goals.
VII. Recorded Agreements, Conditions and Restrictions
(1) The Housing Performance Agreement and/or Declaration of Restrictive Covenants
shall be executed between the City and Developer, in a form approved by the City
Attorney, which formally sets forth Development approval and requirements to
achieve affordable housing in accordance with this Policy and location criteria. The
Housing Performance Agreement shall identify:
A. The location, number, type, and size of affordable housing Units to
be constructed; and
B. Income limitations for the affordable Units; and
C. Sales and/or rental terms; occupancy requirements; and
D. A timetable for completion of the Units; and
E. Restrictions that will be placed on the Units to ensure affordability; and
F. Annual rental tenant income and rent reporting requirements; and
G. Any terms contained in the approval resolution by the City as applicable.
(2) The applicant or owner shall execute all documents deemed necessary by the City
Manager, including, without limitation, a Declaration of Restrictive Covenants,
and other related instruments, to ensure the affordability of the affordable
housing Units in accordance with this Policy.
(3) The applicant or owner must record all documents, restrictions, easements,
covenants, and/or agreements that are specified by the City as conditions of
approval of the application prior to issuance of a building Permit for any
Development subject to this Policy.
(4) Documents described above shall be recorded in the
Hennepin County Registry of Deeds as appropriate.
VIII. State and Federal Law
This Policy is not to be interpreted, nor intended to conflict with state or federal law. If any portion
of this Policy is determined to be in conflict, state or federal law will control. Many state and federal
programs provide for similar regulations regarding affordability levels. In such instances where
participation in a state or federal program results in a more restrictive set of standards regarding
affordability, such Development will be deemed to have met the requirements of this Policy.
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Transmittal Letter
January 25, 2024
Mayor and City Council,
The Plymouth HRA (HRA) adopted a Strategic Plan in 2021 that outlined a set of housing policy
considerations for the city. Among the goals was the creation of a mixed income housing policy to
encourage the development of affordable housing for seniors and low-income families. This policy has
since evolved and been re-titled an Inclusionary Housing Policy that is focused on goals/expectations for
developers who seek financial assistance from the city for new residential development.
As part of the policy development process, the HRA explored other approaches to promoting the
development of affordable housing. Among the ideas discussed was the use of the city’s land use and
zoning authority to require and/or incentivize affordable housing production. Potential triggers under
consideration include the use of Planning Unit Developments (PUD) or Comprehensive Plan
amendments that involve a higher level of discretionary decision-making by the city. Other cities have
also modified their zoning codes to allow for increased density and/or reduced parking to help address
the cost of affordable housing construction. Thoughtful consideration should be given to these ideas.
While it is not in the purview of the HRA to make zoning/land use policies, as the HRA has discussed the
Inclusionary Housing Policy and zoning/land use policy discussions have been inexorably intertwined as
it relates to the creation of affordable housing.
The Plymouth HRA Strategic Plan, adopted March 25, 2021 and reviewed on January 25, 2024, calls for
the HRA to be proactive. The Strategic Plan states:
“Values. The Plymouth HRA is a facilitator and significant contributor to creating an economically
healthy and diverse community, which is supportive of quality affordable and workforce housing for all
incomes and family sizes.”
As the HRA has learned the limitations of an Inclusionary Housing “Policy” that is not an Ordinance, the
HRA is compelled, by its mission and values, to make an advisory statement to the City Council that it
consider an Inclusionary Zoning Ordinance, as other Hennepin County communities have done. The HRA
would be willing to collaborate with the City Council in this task, as its Mission states. The HRA believes
that all policy options should be explored and that the board is prepared to participate in these
discussions, as requested.
Respectfully submitted,
Board of Commissioners
Plymouth HRA
10
Plymouth HRA Strategic Plan
City of Plymouth
Housing and
Redevelopment
Authority
Adopted: March 25, 2021
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Plymouth HRA Strategic Plan
PAGE 2
Table of Contents
Background…………………………………………………………………Page 3-4
The Process…………………………………………………………………Page 5
HRA Housing Priorities and Actions to Consider ………… ………Pages 6-13
Implementation……………………………………………………………Pages 14-15
Plymouth HRA
Mission & Values
Mission. The Plymouth Housing and Redevelopment Authority
promotes and contributes to the economic health of the community
through the creation and maintenance of affordable, workforce and
life-cycle housing, and active participation in the City’s development
and redevelopment processes.
Values. The Plymouth Housing and Redevelopment Authority is a
facilitator and significant contributor to creating an economically
healthy and diverse community:
•Which is supportive of quality affordable and workforce
housing for all incomes and family sizes.
•That promotes a variety of affordable, workforce and life-cycle
housing choices dispersed throughout the City to meet the
needs of a diverse population, local employment needs,
household stability and educational success of children.
•Where the existing housing stock is well maintained.
•Where some older commercial buildings and areas of the
community are redeveloped in a timely fashion.
•Which acquires additional resources to proactively address
affordable housing shortages and redevelopment needs.
•Where the HRA works in partnership with citizens, businesses,
the City Council and other City departments, and other
organizations.
•Where the social services necessary to support housing and
jobs in the community are available and coordinated.
•Where the HRA is committed to promoting Fair Housing and
equal access and opportunity in housing.
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Plymouth HRA Strategic Plan
PAGE 3
Background
The Plymouth Housing and Redevelopment Authority (HRA) has been an
independent governmental entity since its initial creation by the City Council in
1975. The HRA is governed by a board of commissioners appointed by the City
Council. Commissioners serve five-year staggered terms.
HRA members who participated in development of the HRA Strategic Plan
include the following:
• Michelle Soderberg, HRA Chair
• Jeff Kulaszewicz
• Lucas Larson
• Aqueelah Whitfield
• Bob Huddleston
• Jim Davis, City Council Representative to
the HRA
The HRA’s charge is to oversee and guide in
the implementation of Plymouth’s housing
programs and collaborate on redevelopment
efforts of the City. They manage federal,
state, and local grants for housing programs
and administer eight active Tax Increment
Financing (TIF) Districts. Funding for the
HRA programs comes from the Federal
Department of Housing and Urban
Development (HUD) and Community
Development Block Grants (CDBG), and an
annual HRA levy. These funding sources
support staff, existing program
implementation, and the maintenance,
management and administration of two HRA
owned senior housing properties; Plymouth
Towne Square and Vicksburg Crossing.
2040 City Comprehensive Plan
Value Statements
•Maintain and enhance housing
quality and diversity. Plymouth
values housing that is attractive,
well-constructed and maintained
to ensure quality of life for all
residents. Plymouth also values
diverse housing opportunities in
neighborhoods throughout the
community, including affordable
housing, renter and owner-
occupied housing, senior housing
and lifecycle housing.
•Meet the needs of all age groups
within the City, with a particular
focus on young people and the
aging population. Plymouth
recognizes that the nation is
aging. And the City is no
exception. Plymouth will pay
increased attention to the special
needs of its aging population in all
aspects of community life –
housing, all forms of
transportation, services and
facilities and especially, sense of
community.
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Plymouth HRA Strategic Plan
PAGE 4
Existing programs supported by the HRA include the following:
1. CDBG Programs:
a. First Time Homebuyer Program
b. Owner Occupied Home
Rehabilitation Program
c. Owner Occupied Emergency
Repair Program
d. Social Services
e. Rental Rehab Program
2. Housing Choice Voucher Program
3. Senior Rental Housing
4. Architectural Design Program
5. Home Energy Squad Plus
6. Multi-Family Fire Suppression Program
7. Housing Improvement Area Program
8. Community Land Trust Program
9. Scattered Site Rental Program
10. Private Utility Repair Program
2040 City Comprehensive
Plan
Housing Goals
•Promote the development
and preservation of a
supply of quality housing
that is affordable at all
income levels and at all
stages of the life cycle.
•Encourage and ensure that
all housing and
neighborhoods in Plymouth
are well maintained.
•Promote development
patterns that link housing
with services and
employment centers by all
forms of transportation,
particularly public transit
and non-motorized forms
of transportation.
•Metropolitan Council
identifies that Plymouth’s
share of the regions need
of affordable housing
between 2021-2030 is 679
additional units, of which
87% should be affordable
to those with incomes at
or below 50% of the area
median income.
•Plymouth has guided
vacant land in the City to
accommodate the
construction of 736
affordable units.
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Plymouth HRA Strategic Plan
PAGE 5
The Process
The HRA completed a process over the course of several months to develop a
strategic plan that will solidify key HRA goals,
priorities, actions and funding needs for the City
and to gain consensus on the role of the HRA in
supporting the housing and redevelopment needs
of the City. The outreach and engagement process
was conducted in a virtual format due to the
limitation brought on by the Covid-19 pandemic.
The strategic planning process identified the
priorities and actions outlined in this plan based
upon review and evaluation of the following:
• 2040 Comprehensive Plan
• Comprehensive Rental Housing Market Study
dated April 4, 2018
• Plymouth Hennepin County Consortium
Consolidated Plan FY2020-2024
• 2013 Plymouth HRA Strategic Plan
• Strengths, Weaknesses, Threats and
Opportunities Summary completed by the HRA
and dated October 14, 2020
• Stakeholder input through Zoom and phone
interviews and online surveys by residents, the
City Council and HRA members.
• Stakeholder interviews including
representatives from Interfaith Outreach
Community Partners, Outreach Development
Corporation (ODC) Board of Directors, RE/MAX, former Wells Fargo Community
Lender, Summit Mortgage, Plymouth Covenant Church, Mount Olivet Church of
Plymouth, Messiah Church and Wayzata Schools (Community Engagement and
Partnership Coordinator, Academic Interventionist, Director of Community
Education and Principal on Special Assignment.)
• A developer work session of the HRA and City Council on July 23, 2020 which
included representatives from Doran Companies, Ryan Companies and
CommonBond
• HRA and City Council online survey of priorities and needs completed by 80
percent of the members
• City of Plymouth flash vote completed by 1,042 Plymouth residents – 1,197
total participants which included 1,139 responding (62%) of the 1852 initially
invited and 58 new participants
Stakeholder Comments
•As the gap between housing
costs and incomes increases
there is a higher risk of
families and children
becoming homeless – ODC
•There is a need for larger (3
and 4 bedroom) affordable
housing units for families –
ODC
•Support higher densities to
provide more opportunities
for the private sector to
develop new housing and
commercial options desired
by residents – Developer
Roundtable
•Support zoning land for
higher densities and being
more flexible in local land
use, building requirements
and processing time is
important – Developer
Roundtable
•The top three Flashvote
responses on what residents
(986) would like to see more
of included:
-55% renovate older
buildings
-45% mixed use housing
-42% first time homebuyer
assistance
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Plymouth HRA Strategic Plan
PAGE 6
HRA Priorities
1. Preservation of Existing Housing and Tenant Protections
The most affordable housing is within the existing older properties, referred to
as Naturally Occurring Affordable Housing (NOAH).
HRA Priority: Support preservation of existing rental housing and protect
vulnerable and low-income households.
• Tenant Protection Ordinance:
o Goal: Protect vulnerable and
lower income residents from
being displaced due to rent
increases without time to find
alternate housing and provided
an opportunity for residents at
risk of losing housing to be
connected to housing and social
assistance.
o Action: Consider adoption of a
tenant protection ordinance that
would outline requirements to
protect tenants from being
displaced when properties change
ownership. Best practices include
providing tenants a three (or
longer) months period where
there is a pause on rent
increases, tenant re-screening,
and non-renewal of leases without
cause. An ordinance can spell
out options where a new owner
chooses or does not comply with
the pause that can include a
requirement to pay relocation
benefits to tenants.
The Facts: Need for Preservation
and Protection of Tenants
•The City’s existing rental housing
stock is aging - 47% of the rental
housing in the City was built in the
1970s and 1980s.
•28% of the City’s residents live in
rental housing.
•43% (3,736) of renter households,
are paying more than 30% of their
income on housing cost, increasing
the risk of residents choosing between
paying rent, eating, covering
healthcare costs and other critical life
and safety needs.
•Median rent increased 18% from
2010 to 2018; at the same time there
was less available housing with a 29%
reduction in the vacancy rate from
5.5% to 3.9%.
•From 2010 to 2018, 10 apartment
properties sold representing 3,456
units in the City.
•In-demand jobs in the Twin Cities do
not pay enough to afford the median
rent or mortgage in Plymouth. These
include critical workers to support
business vitality and resident services
such as cashiers, retail workers,
personal care aides, nursing
assistants, janitors and customer
service representatives.
Sources: Plymouth Maxfield Study, Plymouth
2040 Comprehensive Plan, MHP’s Plymouth
Rental Snapshot, MHP’s Market Watch;
Hennepin County Report
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Plymouth HRA Strategic Plan
PAGE 7
• Local 4d Affordable Housing Incentive
o Goal: Protect vulnerable and lower income residents by preserving
existing unsubsidized affordable rental units in exchange for a lower tax
applied to those units. In many cases, existing properties are already
providing rents at or below 60% of the area median income. However,
those units are most at risk of rent escalation as vacancy rates lower and
the availability of lower rental housing is reduced.
o Action: Evaluate adoption of a local 4d Affordable Housing Incentive that
would provide qualifying existing rental property owners a rate
reduction in property taxes from the current 1.25% to .75% per MN
Statute 273.128 for qualifying rent restricted units. Per the state statute
a minimum of 20% of the total units would need to have rent and income
restrictions for those at or below 60% of the current area median income
to be eligible for the reduced tax rate on those units. To trigger the
program, the HRA, as the local unit of government, would provide
nominal financial assistance to the property owner who then enters into a
development agreement which outlines the rent restrictions and terms.
The total amount of the reduction would be evidenced by a document
recorded against the property.
• NOAH Rehabilitation and Maintenance Program
o Goal: Encourage property improvements that increase property values
while protecting vulnerable and lower income residents by ensuring that
a portion of a property’s rents remains affordable when these properties
are improved to protect the health, safety and livability of the City’s older
rental properties.
o Action: Consider expanding funding and criteria for restricting rents
focused on providing assistance to existing older rental properties that
are in need of renovation such as exterior improvements, energy
efficiency upgrades, fire suppression systems and other health, safety,
crime reduction and livability improvements. The assistance would be
provided to help finance improvements in exchange for ensuring that a
portion of the rents are kept affordable at or below 60% of the current
area median incomes. The financial assistance could be structured as a
loan or grant. A development agreement with the property owner that
would include a covenant on the deed of the property, would be required
to ensure the owners comply with the income requirements.
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Plymouth HRA Strategic Plan
PAGE 8
HRA Housing Priorities (continued)
2. Increase Housing Affordability to Diversify Housing Options
and Opportunity in the City
To achieve the mission of the HRA, it is
important to provide opportunities to
diversify the housing options and support
new affordable housing including seniors,
low-income families and the younger
generation.
HRA Priority: Support more development
of affordable housing and increase
housing options and opportunities in the
City.
• Mixed Income Housing Policy
o Goal: Ensure high quality housing
in the City is accessible to
households with a variety of
incomes, ages, and sizes and to
increase the supply of new
affordable senior and rental housing
options.
o Action: Consider and evaluate
options for adoption of a mixed
income housing policy. Mixed
income housing policy (referred to as
inclusionary housing policy) can tie
financial or land use assistance for
new housing to include a certain
percentage of the total units as
affordable. Some policies allow a
financial contribution rather than
providing units within the proposed development. Evaluations would
consider the parameters that trigger the policy and outline the
percentage of affordable units and/or cash contribution formula. Mixed
income policy options include various triggers (city assistance, land use
change, number of units, etc.) that is outlined when created and adopted.
The Facts: Importance of
Diversifying Housing Options
•Only 1% (18 units) of the new
housing constructed in the City
between 2015-18 can be
considered “affordable” to a
household earning less than 60
percent of the area median income
which is $60,000 for a family of
four.
•Senior Housing Need: The
population growth from 2017 to
2022 for those age 75 to 84 is
projected to have the greatest
percentage growth at 32%. Incomes
of current older residents are lower
than the median incomes in the
City. In 2017, 10% of those senior
households had incomes below
$15,000 per year. Many City senior
households wish to remain within
their existing homes or may wish to
move out but cannot afford other
alternatives.
•Entry Level Housing Need: The
population of 18 to 34-year old’s is
expected to increase slightly 445
people (+1.4%) between 2017 and
2022. These are the residents that
tend to rent and may be looking to
put down roots in the community by
purchasing their first home.
•Through October of 2020, 1,300
homes were sold with a median
sales price of $392,000: up 3% from
the previous year; an unaffordable
option for many first-time buyers.
Sources: Plymouth Maxfield Study, MHP’s
Plymouth Rental Snapshot, Realtor
Association Sale Data
18
Plymouth HRA Strategic Plan
PAGE 9
• Affordable First-Time Buyers Options
o Goal: Increase the opportunity of affordable first-time homebuyers and
to revitalize existing older single-family neighborhoods.
o Action: Evaluate expanding
program criteria and policies to
support the purchase and/or
development of affordable, first
time home buyer options.
Programs and policies to be
evaluated will include the
enhancement of existing support
for Community Land Trusts,
down payment assistance and
lower mortgage options. In
addition, innovative program
options to consider can include
partnering with non-profit
housing providers by providing
gap funding to facilitate the
connection with first time buyers
to purchase existing homes from
senior households who wish to
sell their home.
• Collect and Share Information on the Importance of Addressing the
City’s Affordable Housing Needs
o Goal: Identify the economic and social benefits of a diverse and
inclusive community that provides housing affordability options to all
residents and workers in the City.
o Action: Collect and share data with residents, property owners,
landlords, property managers, and government leadership on market
realities, educational attainment impacts, worker recruitment and
retention and health benefits of a diverse and inclusive community with
a full range of housing options.
19
Plymouth HRA Strategic Plan
PAGE 10
HRA Housing Priorities (continued)
3. Proactively Support Redevelopment Efforts of the City
As the City of Plymouth becomes fully developed, reuse and redevelopment of
property will become more important to ensure that property values remain
stable and to increase options and opportunities for residents and businesses.
Reuse of land that includes a mix of uses and more compact development
provides options for active living, such as walking or biking, within proximity to
retail, services and other amenities.
HRA Priority: Assist in prioritizing redevelopment opportunities and future
land uses to support a mix of land uses and options for compact living.
• Identify and Prioritize Areas for Redevelopment
o Goal: Provide clarity, consistency, and flexibility to attract private
investment in redevelopment areas of the City and ensure that market
demand and community vision align.
o Actions: In cooperation with the City Council and other City
departments, the HRA will assist with the following redevelopment
efforts, where appropriate.
Provide input on and identify key areas of the City that need
redeveloping.
Identify acceptable mixes of future land uses such as affordable
housing, ownership/rental mix and mix of uses for redevelopment
areas.
Identify best practices and policies for fast-track approvals and
flexibility when the project meets certain requirements.
20
Plymouth HRA Strategic Plan
PAGE 11
• Assist with Assembly of Land for Redevelopment
o Goal: Increase partnerships and opportunities in the redevelopment of
land by leveraging property control to support community goals, facilitate
and promote private investment and increase availability of affordable
housing.
o Action: Provide assistance in identifying site acquisition tools and
financing options to support assemblage of key (re)development sites
under multiple ownership.
• Identify and Share the Benefits of Investing in Redevelopment
o Goal: Facilitate and support agreement on redevelopment priorities
through education, collaboration and increased engagement of residents
to support a healthy and vibrant community.
o Actions: Collect and share information on current market realities,
redevelopment goals, and plans including:
Providing information to newly elected and appointed policy
leaders on HRA mission,
values, priorities and goals.
Offering site visits and tours
of successful regional
redevelopment projects.
Conducting stakeholder
engagement
sessions/neighborhood
meetings and engaging
underrepresented populations.
Clearly document stakeholder
support for the redevelopment
plan(s).
21
Plymouth HRA Strategic Plan
PAGE 12
HRA Housing Priorities (continued)
4. Coordinate Funding Sources and Financial Strategies
To adequately support the HRA Strategic Plan, additional and aligned funding
resources will be important. As federal and state resources become more
constricted, local sources of funding for housing and redevelopment will
become more important to ensure that the priorities and goals of the City and
HRA are achieved.
HRA Priority: Proactively meet the housing and redevelopment needs of the
City and be a partner with the private sector in development and redevelopment
that achieves the HRA mission.
• Assist in Identifying Adequate Funding Sources in the Support of the
HRA Mission, Values and Priorities
o Goal: Annually review options and opportunities to support the
programs and policies outlined in the HRA Strategic Plan through the City
budgeting process.
o Action: Evaluate public, private and philanthropic resources to
implement the priorities and programs identified in the HRA Strategic
Plan. Work with City administration on incorporating and analyzing the
effects on utilizing local resources on the City’s 10-Year Financial Plan.
HRA Levy: The primary method of financing the delivery and
administration of housing and redevelopment programs is through
the HRA authority provided through Minnesota State Statute 469.
The statute allows the HRA, with approval by the City Council, to
levy a tax to give, sell, buy, transfer, or convey properties as
necessary to remove blight and promote affordable, safe and
decent housing. The HRA levy is evaluated and set annually by the
City Council upon the recommendation of the HRA.
Pooled Tax Increment Financing: Tax Increment Financing is a
local government tool that can be utilized to support
redevelopment and affordable housing as allowed by Minnesota
State Statute 469. A portion of tax increments can be pooled and
utilized outside of the boundaries of the district from which they
were collected and can be a source to support priorities outlined in
the HRA Strategic Plan.
22
Plymouth HRA Strategic Plan
PAGE 13
• Adopt a Public Subsidy Policy
To be successful in achieving the priorities for housing and redevelopment,
it is important for the HRA and City Council to clearly outline the goals and
objectives of providing public funds toward that effort. This includes
identifying public subsidy policies accepted and utilized for the purpose of
implementing the HRA Strategic Plan. Clarity and consistency in how the
HRA and City respond to requests for assistance for development proposals
decreases uncertainty and risk resulting in lower costs to preserve and build
affordable and market rate housing and redevelopment projects.
o Goal: Ensure that the City and HRA leaders are accountable to City
residents on the utilization of public resources and provide clarity to
the development community on what is acceptable public support to
achieve the mission and vision of the City.
o Action: In partnership with the City Council and other City
departments, seek financial consulting assistance to adopt a clear and
strong public finance policy.
23
Plymouth HRA Strategic Plan
PAGE 14
Implementation
The four priorities outlined in the HRA strategic plan and implementation of
the action steps will require the HRA to prioritize their time, staff capacity and
financial resources to be successful. The following is a schedule to help guide
the HRA and staff in the successful planning and implementation of the HRA
Strategic Plan action steps.
Priority Actions Steps Timing Financial
Resources
Impact
on HRA
Mission
1.a Tenant Protection
Ordinance
$ ✪✪
1.b Local 4d Affordable
Housing Incentive
$$ ✪✪✪
1.c NOAH Rehabilitation
and Maintenance
Program
$$ ✪✪✪
2.a. Mixed Income Housing
Policy
$$ ✪✪✪
2.b. Increase Options for
Affordable First-Time
Buyers
$$ ✪✪
3.a Identify and Prioritize
Areas for
Redevelopment
$$ ✪✪
3.b Assist with Assembly of
Land for Redevelopment
$$ ✪✪
3.c. Educate the Community
and Policy Leaders on
the Benefits of Investing
in Redevelopment
$ ✪✪
4.a Increase HRA Levy
Dollars
$$ ✪✪✪
4.b. Adopt a Public Subsidy
Policy
$ ✪✪
24
Plymouth HRA Strategic Plan
PAGE 15
Timing Key
Short Term Median Term Longer Term
Work on Immediately
and will have the most
substantive impact on
achieving the HRA
mission.
Policies and programs
that require additional
research and
collaboration
Outside resources,
stakeholder input and
collaboration required
to fully understand the
implication of the policy
or program
Complete in 2021 Complete within 1-3
years
Complete within 3-5
years
Financial Resources Key
Low Cost Medium Cost High Cost
$ $$ $$$
Ability to complete with
existing resources
A modest increase in
the HRA levy and
budget would be
required
A substantial increase
in the HRA Levy and
budget would be
required
Impact in Achieving HRA Mission
Low Impact Medium Impact High Impact ✪ ✪✪ ✪✪✪
Limited number of
residents benefit and
little to no property
value increase from
implementation of
program or policy
Several residents
benefit and/or
increased property
value results from
implementation of
program or policy
Many residents benefit
and/or larger property
value increase resulting
from implementation of
program or policy
25
City of Plymouth/Plymouth HRA
2024 Updates (Red)
Affordable Housing Programs
Community Development Block Grant (CDBG) Program
First Time Homebuyer Program – We have assisted 195 low and/or moderate-income
clients since 1990. The program provides a zero-interest deferred loan of up to $35,000.
Housing Rehabilitation Program – To date we have assisted 421 low-income clients since
1975. The program provides a zero-interest deferred forgivable loan of up to $40,000.
Social Service Agencies – Up to 15% of annual CDBG allocation is awarded to social
services agencies, typically serve five to six social service agencies per year.
Housing Choice Voucher Program (Section 8) – 325 vouchers for 2022 including
“port-in” and “port out” vouchers.
Senior Rental Housing (HRA Owned)
Plymouth Towne Square – 99 units (all are subsidized by the HRA) The Plymouth HRA
owns and operates the senior apartment property. The HRA provides an annual subsidy
between $215,000 - $230,000 from the HRA levy.
Vicksburg Crossing – 96 units (34 units with income and rent restrictions). The Plymouth
HRA owns and operates the mixed income senior apartment property. The HRA provides
an annual subsidy between $20,000 - $50,000 from the HRA levy.
Affordable Housing Projects
Rental Projects
At The Lake Apartments – 204 existing units (20 rent and income restricted units, 41
income restricted units, 143 market rate units). The city issued Housing Revenue Bonds.
Axis – 157 units (16 workforce housing units) – The city approved $2.5 million in tax
increment financing to facilitate the redevelopment of the Brown’s Market site. The project
also received $750,000 from the Met Council’s LCDA program.
Bassett Creek Commons – 46 units. The city provided tax increment financing.
26
Cranberry Ridge – 45 units. 45 at or below 60% AMI and 10 set aside for at or below 30%
AMI using project-based Housing Choice Vouchers. The city provided tax increment
financing.
Currents – 318 units (64 units are income restricted). The city issued Housing Revenue
Bonds. Staff was notified this project intends to refinance in Spring 2024.
Element – 61 units. 61 at or below 60% AMI and four units set aside for at or below 30%
AMI using project-based Housing Choice Vouchers. The city provided $459,000 in tax
increment financing and the HRA provided $241,000.
Hammer Residences – 31 units. The HRA helped with accessibility modifications to group
homes for developmentally disabled adults located on scattered sites throughout Plymouth.
Kimberly Meadows – Project includes 39 federally subsidized units.
Lakeview Commons – Project includes 64 Low Income Tax Credit units.
Lancaster Village – Total of 160 units (32 units are income and rent restricted). The city
issued Housing Revenue Bonds.
Mission Oaks – Total of 26 federally subsidized units.
Parkside Apartments – Includes 211 existing units (21 rent and income restricted units, 42
income restricted units, 148 market rate units). The city issued Housing Revenue Bonds.
Shenandoah Woods Apartments – Includes 64 units (40 Low Income Tax Credit units,
six MHOP units, 18 market rate units).
Stone Creek Village – A total of 130 units (13 Low Income Tax Credit units, 13
Metropolitan Housing Opportunities (MHOP) units, eight Project-Based/Housing Choice
Voucher (HCV) 8 units and 96 market rate units. The city provided tax increment financing
and the HRA provided two below market rate loans. Development also received $200,000
from the Met Council and $400,000 from Hennepin County.
Vicksburg Commons – 50 units (all income and rent restricted with four homeless units).
Common Bond owns and manages the tax credit project. The city provided tax increment
financing and five Project-Based Section 8 vouchers. The project also received $300,000
from the Met Council.
West View Estates – Includes 67 Low Income Tax Credit Units. The city provided
$600,000 in tax increment financing and seven Project-Based Section 8 vouchers. The
project received $300,000 in funding from the Met Council. The property opened in the
spring of 2012.
Willow Woods – Total of 40 units (39 Low Income Tax Credit Units). The HRA provided a
below market rate loan.
Wren on the Creek – 176-unit mixed-income project with 20% of the units affordable to
households at 60% AMI. The city provided $5.3M of TIF assistance to the developer
(Doran Co.) to support the affordable component. Project expected to open in June 2024.
27
Anticipated Projects (2024-2029)
Dietrich/John Allen Apartments – The City approved a PUD for the construction of 330
units of apartments with a commercial/retail component on a site near County Road 73 and
Highway 55. The units are targeted at 80% of AMI also known as the “missing middle”
households who don’t quality for traditional subsidized projects but earn less than the
median income. Project expected to break ground in Fall 2024.
Four Seasons Redevelopment - Preliminary conversations have focused on 20%
affordability (apartments) and potentially senior housing.
Harbor Lane Redevelopment – Doran Co. has submitted a land use application to
redevelop a set of older office buildings on Harbor Lane (north of the Chick-fil-A). The
developer has indicated a willingness to include an affordable component.
Prudential Redevelopment - Preliminary conversations have focused on 20% affordability
(apartments).
Ownership Projects
Habitat for Humanity – Four new townhomes. The HRA donated the land.
Harvest Hills – One new townhome utilizing HRA, CDBG and MHFA funds.
Plymouth Crossing – Six new townhomes affordable to households at or below 80 of AMI.
Condition of sale of city owned property.
Plymouth Housing Alliance – City provided CDBG funds for the development of a large
single-family home for a 10-person low-income family.
Plymouth Housing Alliance and Community Builders Accessible Homes – Two single-
family accessible homes utilizing CDBG and HRA funds. The HRA currently owns one of
the homes.
The Reserve – 25 new townhomes. The City used CDBG funds and grants received from
Met Council ($142,000), MHFA ($75,000) and IOCP ($20,000).
Timber Creek Crossing – Four new townhomes utilizing HRA, CDBG and MHFA funds.
Village At Bassett Creek – 71 new townhomes (20 affordable & 51 market rate). City
provided tax increment financing.
West Hennepin Community Builders – Three single-family homes utilizing CDBG funds.
28
2023 OWNERSHIP AND RENT
AFFORDABILITY LIMITS
What is a ordable housing?
The Met Council's 2040 Housing Policy Plan de nes a ordable housing as housing that is a ordable to low- and
moderate-income families. The limits are based on the U.S. Department of Housing and Urban Development (HUD)
area median income (AMI) calculations. Below, we provide context for these a ordability measures and an
opportunity for comment through our survey.
Who quali es for a ordable housing?
For 2023, the rental a ordability limit is 60% of the area median income for TBRA, LCDA and LCDA-TOD, ownership
a ordability limit is 80% of the area median income. In 2023, the area median income (AMI) for a family* of four is
$124,900. For details on how this is calculated, see History of Median Income.
We will use the following amounts as the upper limits for a ordable housing in regard to the Livable Communities
Act in 2023.
Annual updates of this page occur each spring dependent on timely updates of HUD data this page relies on. If you
have questions about these values, please contact Hilary Lovelace at Hilary.Lovelace@metc.state.mn.us.
Rental housing
Rents include tenant-paid utilities. We have not separated tenant-paid utilities from the rent value because we want
to consider all housing costs to determine a ordability, rather than just rent alone.
2023 Rental Housing
# Bedrooms 30% AMI 50% AMI 60% AMI 80% AMI
E ciency $652 $1,087 $1,304 $1,739
1 Bedroom $699 $1,165 $1,398 $1,864
2 Bedrooms $838 $1,397 $1,676 $2,235
3 Bedrooms $969 $1,615 $1,938 $2,584
4 Bedroom $1080 $1,801 $2,161 $2,881
Ownership housing
For owner-occupied housing, the income limit includes principal, interest, property taxes and home insurance.
Assumptions include:
Fixed-interest, 30-year home loan
Interest rate of 5.500%
A 28% housing debt-to-family income ratio
A 3.5% down payment
A property tax rate of 1.00% of the property sales price
Mortgage insurance at 0.85% of unpaid principal
Metropolitan Council - metrocouncil.org
29
$100/month for hazard insurance
2023 Home Ownership
Family Income Level A ordable Home Price
80% AMI ($95,650)$304,700
60% AMI ($74,520)$234,200
50% AMI ($62,100)$192,800
30% AMI ($37,250)$109,900
Applying an interest rate of 5.500% on a 30-year xed-rate home loan for 2023 and other standard mortgage
assumptions listed above to the 80% of AMI amount for a family of four ($95,560) yields an a ordable purchase
price of $304,700. With recent increases in mortgage interest rates from the low values of 2022, the a ordable
purchase price has decreased from the 2022 limit of $355,600 based on the limited purchasing power of a
potential buyer.
Note: The term "family" is used here because that is how HUD calculates household incomes, and we wish to be
consistent with language as HUD's calculated family incomes do di er than other household income calculations.
The Met Council recognizes that many household units in the metro area are not de ned by municipal code as
"family units," and that calculating bene ts by familial status is inequitable when family status including marriage has
not been available to all residents throughout the history of our nation.
Is a ordable housing a ordable?
For the past several years, various cities, housing advocates, and residents in our region have expressed their
doubts about how well the measure of Area Median Income (AMI) and the subsequent rental limits match the
realities of the households. In 2022 the Met Council gave sta permission to explore how a ordability is de ned
and the potential ways, if any, it can be modi ed to better re ect the experiences of our residents. With the release
of the 2023 rental limits based on AMI, and the upcoming release of the 2050 Housing Policy Plan, sta would like
to ask the stakeholders of our region — you — to weigh in on the issue of de ning a ordability.
What is area median income (AMI)?
Area Median Income (AMI) is the measure of median income for family households in the Twin Cities metropolitan
area. This measure is calculated by the U.S. Department of Housing and Urban Development (HUD), and changes
each year based on di erent factors in their formula such as average national income, average income in our
region, and interest rates. Housing units are often classi ed into varying levels of a ordability based on how
a ordable it is to households earning incomes at various percentages of the regional AMI — for instance, many
de ne “deeply a ordable housing” as a ordable to households with making 30% of the AMI.
In order to receive funding including Low-Income Housing Tax Credits (LIHTC) to build low-income housing,
potential developers need to use the federally set AMI standard in determining the a ordability of their units,
making this standard one of the main ways we classify housing unit a ordability. Unfortunately, the way AMI is
calculated and the respective rental limits do not capture the realities of many households being able to a ord
housing.
How does AMI fall short?
The use of AMI as the main standard for a ordability in new housing construction has led to a few shortcomings that
particularly misrepresent the needs of low-income households in our region. A few that sta have identi ed include
the following.
Area Median Income (AMI) typically builds its assumptions of income o a family of four. However, not all households
look like this — our region has many households of varying sizes, from households of one or two people to multi-
generational households with more than ve people, households with children, and households without. In fact,
households that t the HUD de nition of family of four only make up 13.6% of our region's households and have the
largest share of households that make incomes at 80% of the regional AMI or higher. Use our tool below to see
where your household type median income ts in today’s AMI standards.
30
Our region has many households with only one income earner. The current way that AMI is calculated means that a
certain number of income earners is assumed and dependents such as children, older family members and those
unable to earn wages can be counted equal to members of a household who are earning an income.
Rental limits based on the HUD’s de nition of AMI considers housing as a ordable if housing costs make up
30% of a household’s income before taxes, but this 30% threshold is arbitrary and ignores that many households
face di erent nancial realities, including medical or student debt, childcare expenses, and disability. The chart lists
some typical household expenses that people in our region face.
The way it is currently calculated, AMI uses the entire region as a benchmark for comparison, which can mean that
AMI levels of do not necessarily re ect true a ordability at the neighborhood level. For instance, building an
apartment building consisting solely of units a ordable at 60% AMI in a community where many residents make 30%
AMI or less actually creates housing that is una ordable to residents of that neighborhood.
Alternative measures to Area Median Income
We have been looking into alternative measures of housing a ordability that more accurately consider household
costs at a more local level, or in a more representative way of the households in our region and their expenses.
Some other measures of a ordability include the MIT Living Wage Calculator, Shelter Poverty measures, and
Select your household type
1 Adult(s) and 0 kid(s)
Households of this Type by Area Median Income (AMI)
Band
Less than 30% AMI
31-50% AMI
51-60% AMI
61-80% AMI
81-100% AMI
Greater than 100% AMI
Less than 30% AMI, 31-50% AMI, 51-60% AMI and 3 more0.0866 to 0.2477
Median income for household type by race
Median income for BIPOC households of this type = $33,529 Median income for white households of this type =$47,391
Households of this type that are Black
Indigenous and People of Color (BIPOC)
19.8%
0.2% to 31.9%
31
Residual Income measures, which incorporate varying household sizes and types, other costs of living beyond
housing, and more speci c geographies.
History of area median income
Through 2010, the Council identi ed a purchase price ceiling for owner-occupied homes based on what a family of
four with an income at or below 80% AMI could a ord at prevailing interest rates. For a ordable rental units, the limit
was maximum monthly rents a ordable for families at 50% AMI.
From 2011 through 2014, the Met Council used 60% AMI as the income limit for both rental and ownership costs.
This level was consistent with the funding criteria preference adopted by the Metropolitan Housing Implementation
Group (MHIG) in 2001 and was a commonly-used threshold for a ordability in federal, state, and local housing
programs.
The table below lists the family incomes at previous levels of area median income, as calculated by the U.S.
Department of Housing and Urban Development (HUD). Please note that due to constraints and adjustments used
in HUD’s calculations, the income limits shown here do not necessarily equal the area median income multiplied by
the given percentage.
HUD's Area Median Income for a family of four for the Minneapolis-Saint Paul-Bloomington Metropolitan
Statistical Area
AMI 2023 2022 2021
Area Median Income $124,900 $118,200 $104,900
80% of Area Median Income $94,650*$89,400*$79,900*
60% of Area Median Income $74,520 $70,380 $62,940
50% of Area Median Income $62,100 $58,650 $52,450
30% of Area Median Income $37,250 $35,200 $31,450
Note: The 80% of Area Median Income limit is capped at the U.S. national median family income, so this gure is
less than 80% of the Minneapolis-Saint Paul-Bloomington MSA’s median family income. The large increase from
2021 to 2022 is the result of a substantial regional and national increase in median family income as well as an
increase in in ation.
32
Special City
Council
April 9, 2024
Agenda
Number:2.2
To:Dave Callister, City Manager
Prepared by:Chloe McGuire, Planning and Development Manager
Reviewed by:Grant Fernelius, Community and Economic Development
Director
Item:Review potential changes to the Planned Unit Development
(PUD) process
1.Action Requested:
Provide feedback to staff on the attached draft regulations.
2.Background:
The city approves many new projects via Planned Unit Development, or PUD. The purpose of a PUD
is to provide project-specific regulations that allow for flexibility in certain zoning items, such as
setbacks, density, height, or other items typically requiring variances. In exchange, the city receives
benefits from the project, which vary from high-quality architecture, environmental preservation,
affordable housing, or dense development. The goal of changing these regulations is to clarify PUD
regulations for developers, clearly articulate the public benefit for the city, and provide options to
developers to include in their projects that meet city goals and initiatives.
The Planning Commission met to discuss this item at a work session and provided feedback on the
general categories as well as the individual amenity options within each category. The draft
regulations have been amended based on their feedback.
3.Budget Impact:
NA
4.Attachments:
PUD Memo
Analysis of other Codes
Existing PUD Regulations (Plymouth)
St Cloud PUD Rules
Golden Valley PUD Rules
Minneapolis PUD Rules
33
1
PUD Regulations
Background on PUDs
Planned Unit Development Districts (PUD) allow for greater flexibility for the development of residential
and non-residential areas than would normally be possible under conventional zoning districts. Zoning a
property to PUD is a legislative decision and the City Council has discretion to determine if the
designation is appropriate for the proposed development in accordance with the City’s Comprehensive
Plan. PUDs, at their core, are intended to provide public benefits in exchange for flexibility. In the City’s
Zoning Ordinance, PUDs are intended to -
• Allow for the mixing of land uses within a development
• Provide variation in the application of land use regulations to improve site design and operation
• Promote more creative and efficient approaches to land use while protecting and promoting
the health, safety, comfort, aesthetics, economic viability, and general welfare of the City
• Preserve and enhance natural features and open spaces
• Maintain and improve the efficiency of public streets and utilities
• Ensure the establishment of appropriate transitions between differing land uses
Goal of Policy
The goals of this policy are:
1. To define public benefit and measure success
2. To be able to articulate City Council goals to potential developers
3. Address City Council goals and priorities where we have the greatest flexibility
4. To provide a scoring matrix for approving PUDs
5. Receive additional public benefits with the outcome of high quality projects
The policy will outline potential areas for a developer to provide public benefits, each with a score
assigned. In order to be granted a PUD, the developer must receive at least 10 points and host a
public meeting/neighborhood engagement prior to the Planning Commission meeting.
Policy
The policy is broadly split into 5 different
categories, in no particular order:
1. Housing
2. Sustainability
3. Open Space
4. Transportation and Mobility
5. Community Benefits
Feedback Requested:
1. Do developers need to score in at least 2
categories?
2. Are any categories missing?
3. Are there any additional items that all
PUDs must have?
Under each category, developers may choose from numerous different options to incorporate into their
development to receive the necessary points. Some items are easier, and thus worth less points.
Harder, or more expensive items, receive a higher point value. Developers may choose what fits their
project and expertise.
Projects will not be required to apply for a PUD. Projects can still be processed under standard zoning.
34
2
Housing
Amenity Points Standards
Moderate-
Income Housing
Policy
10 Provide affordable housing units beyond the minimum amount required in the
City's Mixed-Income Housing Policy (and comply with all other provisions in the
Policy).
2% Gross Rents
Agreement
10 Provide the city 2% of project’s gross annual rents (once 90%+ rented) into
affordable housing fund for 10 years
Aging in Place 10 Provide housing units that will serve a senior population (55+) at either: 80% AMI
or lower, or in a cooperative model. The project must be within ¼ mile walk
distance of 4 of the following or ½ mile walk distance of 7 of the following:
- Community Center
- Full service grocery store
- Public park
- Transit stop
- Hardware store
- Laundromat or dry cleaner
- Place of worship
- Farmer’s market
- Post Office
- Restaurant or café
- Pharmacy
- Medical clinic
- Gym or health club
- Clothing store
- Bank
- Social services center
Mixed-Use
Development
5 Provide housing units with non-residential uses on the ground level, mixing
residential uses with neighborhood commercial amenities.
Missing Middle
Housing
4 Provide 50% of housing units (equally distributed among unit types) for those
between 60 – 80% AMI
Sustainable Development
Amenity Points Standards
Net Zero 10 Zero net energy building (ZNEB) including required documentation.
Renewable
Energy
8 Use of a photovoltaic, wind, solar thermal and/or a geothermal heating and
cooling system for at least 50% of the annual energy demand in new and existing
buildings. Applicant must demonstrate that the quantity of energy generated by
the renewable energy system meets the required percentage through a whole
building energy simulation. Renewable energy sources shall be in accordance
with the underlying zoning district and any other applicable requirements of the
City Code.
LEED
Certification
7 Project receives LEED Gold certification approved by a LEED accredited
professional (LEED-AP) by a date determined in the development agreement. The
developer must submit a LEED checklist/documentation that shows the project
will comply with LEED Gold requirements. Alternatives that are comparable to
LEED will be considered and must be approved by Planning Commission.
Green Roof 5 Installation of an extensive, intensive or semi-intensive, modular or integrated
green roof system that covers a minimum of 50% of the total roof area proposed
for the development.
Water Reuse 5 Provide an onsite greywater or rainwater reuse system.
EV Chargers 2 Provide onsite EV chargers for 5% of parking demand
Solar Ready/EV
Ready
1 Provide space and adequate construction for future solar across all
unprogrammed rooftop space or provide electrical hookups to provide for future
EV for at least 5% of parking demand
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3
Environment
Amenity Points Standards
Dedicated and
intentional green
space
6 Contiguous ground level outdoor open space that is related to and proportional
with the bulk of the building and landscaped with trees and shrubs. Rain gardens,
where appropriate, are encouraged. Walkways and pathways shall be surfaced
with pervious pavers, pervious concrete, decorative pavers, stamped concrete,
colored concrete, brick or other decorative and durable materials. A minimum of
30% percent of the site not occupied by buildings shall be landscaped outdoor
open space. A minimum of 50% of the provided open space shall be contiguous.
The open space must be immediately accessible from the principal structure.
Areas should be designed for winter use and relate to the built form with
consideration given to elements such as providing shelter from wind, utilizing
seasonally appropriate materials, maximizing access to sunlight and providing for
snow and ice removal.
Community
Garden
5 Permanent and viable growing space and/or facilities such as a greenhouse or a
garden, which provides fencing, watering systems, soil, secured storage spaces
for tools, solar access, and pedestrian access as applicable. The facility shall be
designed to be architecturally compatible with the development to minimize the
visibility of mechanical equipment. Soils shall be tested and shown safe for
garden space.
Enhanced
Landscaping
3 A landscaping plan prepared by a licensed landscape architect that provides
exceptional design with a variety of pollinators and native trees, shrubs, and
plant types that provide seasonal interest and that exceed minimum City
standards.
Pollinator
Garden
3 Provide an onsite pollinator garden of 1% of the site area.
Natural Preserve 3 Provide a natural preserve under permanent easement benefitting the city that
protects significant existing tree canopy beyond what is required by code, at
least 5% of site area.
Mobility
Amenity Points Standards
Bicycle and
Pedestrian
Facilities
(External)
8 Eligible facilities may include a combination of the following: heated transit
shelter, bicycle repair tools, rest area, wayfinding signs, sheltered walkway,
woonerf, and other amenities that increase the convenience and encourage the
use of public walkways and bikeways beyond what is otherwise required in the
underlying zoning district.
Bicycle Facilities
(Internal)
5 Accommodation for shared vehicles or shared bicycles on site. The shared service
provider must be committed in writing to the use of the space in order to be
eligible. A bike storage station accessible to residents, employees, and/or the
public.
Transit 5 Site within ¼ mile of a transit stop and provides a transit screen(s) inside the
building noting bus schedules.
Safe Routes to
Schools
4 Provide an approved safe-routes to school (SRTS) plan and complete any
necessary off-site improvements at developer cost.
Dedicated Bike
Storage
3 Provide secure, indoor bike storage for 50% of residents or 50% of employees.
36
4
Community
Amenity Points Standards
Public Gathering
Space
8 Contiguous ground level outdoor open space that is provided beyond the
amount of open space required in the underlying zoning district requirements.
The space shall preserve the natural landscape while providing the opportunity
for members of the public to interact with the natural habitat using walkways,
benches, or other mechanisms.
Proximity to
Services and
Community
Resources
5 The project is sited so that it is within ¼ mile walk distance of 4 of the following
or ½ mile walk distance of 7 of the following:
- Full service grocery store
- Daycare
- Pharmacy
- Post office
- Medical clinic
- Gym
- Public park
- Public library
- Educational facility
- Hardware store
- Bank
- Park-and-ride stop
- Restaurant or café
- Community Center
Outdoor Space
(Commercial)
5 Develop a unique outdoor dining or event space, either an outdoor patio with
dining or event space, or a rooftop deck.
Public Art
Feature
5 Provision of art that shall strive to promote quality design, enhance a sense of
place, contribute to a sense of vitality, show value for artist and artistic
processes, and use resources wisely. The art shall be maintained in good order
for the life of the principal structure. The art shall be located where it is highly
visible to the public. If located indoors, such space shall be clearly visible and
easily accessible from adjacent sidewalks or streets. The art shall be valued at
not less than one-fourth (.25) of one (1) percent of the capital cost of the
principal structure.
Community
Connectivity
5 The project is thoughtful to its location and ties in with local pathways, includes
a buffer to any adjacent, lower density projects, and includes a ‘step down’ on
height for any building over 4 stories next to RSF-1 or RSF-2.
Architecture and
Aesthetics
3 Design approved by Planning Commission with high quality architecture,
including stone or brick, 4-sided architecture, and limited number of materials.
No pre-cast concrete, EIFS, or metal as primary material.
Public Water
Feature
3 A water feature, including, but not limited to, a reflecting pond, a children's play
feature, or a fountain shall be located where it is highly visible and useable by
the public.
Rooftop Space
(Residential)
1 Provide a rooftop amenity space for residents on residential properties with at
least three of the following: grill space, recreation area, dog park, pool, or herb
garden.
Resources used:
- Enterprise Green Communities Criteria and Certification
- Golden Valley PUD Code
- Minneapolis PUD Code
- The Alliance Equitable Development Principles and Scorecard
37
Planned Unit Development Districts – Analysis of Other Codes
Background
Planned Unit Development Districts (PUD) allow for greater flexibility for the development of residential
and non-residential areas than would normally be possible under conventional zoning districts. Zoning a
property to PUD is a legislative decision and the City Council has discretion to determine if the
designation is appropriate for the proposed development in accordance with the City’s Comprehensive
Plan. Additionally, PUDs in the City of Plymouth are intended to -
• Allow for the mixing of land uses within a development
• Provide variation in the application of land use regulations to improve site design and operation
• Promote more creative and efficient approaches to land use while protecting and promoting the
health, safety, comfort, aesthetics, economic viability, and general welfare of the City
• Preserve and enhance natural features and open spaces
• Maintain and improve the efficiency of public streets and utilities
• Ensure the establishment of appropriate transitions between differing land uses
Currently, the Plymouth PUD zoning code is focused on the PUD process and minimum requirements
while referring to other parts of the zoning code and the Comprehensive Plan for additional details. The
PUD code is not a comprehensive source of what the City is looking for in residential and non-residential
areas. This can result in unclear expectations for potential developers and additional staff and Council
time dedicated to reviewing a proposed PUD development. To alleviate the administrative burden of
reviewing PUDs and curtail concessions that could impact city residents, the City of Plymouth can
establish PUD scoring criteria in the code. Potential developers would then be required to incorporate
City priorities into proposed development for it to be considered complete. There are other cities that
use a scoring system to guide PUD proposals, staff review, and legislative decision making in pursuit of
the City’s wider development goals.
Findings
The cities of Golden Valley and Minneapolis both utilize Planned Unit Development District code
requirements with the intent to encourage innovation and allow flexibility in exchange for public benefit
in the form of amenities. The PUD ordinances outline both the procedures and the intended purposes
behind granting flexibility in land uses allowed and other regulations. These purposes relate to the
Comprehensive plan of each city, connecting the PUD provisions to long term goals for the City. Some
purposes listed are –
• Encourage preservation and protection of site characteristics, open space, and protection of
sensitive environmental features
• Encourage construction of affordable housing and a variety of housing types
• Encourage a compatible mixture of commercial, institutional, and residential development that
is both attractive and highly functional
• Promote the efficient use of land, innovation of site design, and sustainable development
Planned unit development districts are encouraging development as well as encouraging the
development of amenities that benefit residents.
38
Minneapolis and Golden Valley take the encouragement of amenities a step further by requiring it in the
PUD code. Both PUD ordinances include a table of PUD Amenity Options that describes the amenity, the
amenity standards, and the point value assigned to the amenity. PUD applicants must include at least
one amenity or a combination of amenities that total at least 5 to 10 points. Amenities range from
complex construction elements like the conservation of the built environment and historic preservation
as well as the preservation of natural features and clean energy sustainability. Some amenities require
compliance with requirements like the Leadership in Energy and Environmental Design (LEED)
certification or the City’s Mixed-Income Housing Policy. The selected amenities are flexible and can be
combined with other development elements to create unique PUDs that provide a public benefit.
39
SECTION 21655. - PUD, PLANNED UNIT DEVELOPMENT DISTRICT
21655.01. - Purpose and Intent.
The purpose of the Planned Unit Development District (PUD) is to provide a comprehensive
procedure intended to allow greater flexibility in the development of neighborhoods or non-residential
areas than would be possible under a conventional zoning district. The decision to zone property to PUD
is a public policy decision for the City Council to make in its legislative capacity. The intent of this section
is to:
Subd. 1. Provide for the establishment of Planned Unit Development (PUD) zoning districts in
appropriate settings and situations, to create or maintain a development pattern that complies
with the City's Comprehensive Plan.
Subd. 2. Allow for the mixing of land uses within a development when such mixing of land uses
could not otherwise be accomplished under this Chapter.
Subd. 3. Provide for variations to the strict application of the land use regulations in this Chapter
in order to improve site design and operation, while at the same time incorporating design
elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the City's
standards to offset the effect of any variations.
Subd. 4. Promote a more creative and efficient approach to land use within the City, while at the
same time protecting and promoting the health, safety, comfort, aesthetics, economic viability,
and general welfare of the City.
Subd. 5. Preserve and enhance natural features and open spaces.
Subd. 6. Maintain or improve the efficiency of public streets and utilities.
Subd. 7. Ensure the establishment of appropriate transitions between differing land uses.
Subd. 8. Provide for the maintenance of, and an amendment procedure for, those planned unit
developments listed in Section 21100.02 Subd. 2(b) of this Chapter.
(Amended by Ord. No. 2000-06, 02/29/00; Ord. No. 2002-32, 11/26/02)
21655.02. - Uses.
All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by
administrative permit contained in Sections 21350 through 21650 of this Chapter shall be treated as
potentially allowable uses within a PUD District, provided they would be allowable on the site under the
City's Comprehensive Plan.
(Amended by Ord. No. 2000-06, 02/29/00)
21655.03. - Setbacks, Lot Area, and Building Height.
The various setback, lot area, and height regulations of the most closely related conventional
zoning district shall be considered presumptively appropriate, but may be departed from to accomplish
the purposes described in Section 21655.01.
40
(Amended by Ord. No. 2000-06, 02/29/00; Ord. No. 2014-12, 02/25/14)
21655.04. - Integrated Design.
A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of
buildings that are planned and designed as an integrated unit. The integrated design shall include
elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian
circulation, and open spaces.
(Amended by Ord. No. 2000-06, 02/29/00)
21655.05. - Pre-Application Sketch Review.
Prior to the filing of a PUD general plan application, the applicant may submit a sketch of the
project to the Zoning Administrator. The sketch will be reviewed in accordance with Section 21045.03 of
this Chapter.
(Amended by Ord. No. 2000-06, 02/29/00; Ord. No. 2004-02, 01/13/04)
21655.06. - General Plan.
A PUD general plan is a plan and supportive text depicting general land use, circulation, open space,
utilities, etc., for parcels of land within a PUD.
Subd. 1. Application Procedure: PUD zoning applications shall be processed according to the
evaluation criteria and procedures outlined in Section 21010.01 of this Chapter. The general
plan shall be accompanied by a fee and a cash escrow as set forth in the City Code. Costs of City
time and materials expended in reviewing and processing the general plan application shall be
charged against the cash escrow account and credited to the City. If, at any time, the balance in
the cash escrow account is depleted to less than ten percent of the originally required cash
escrow amount, the applicant shall deposit additional funds in the cash escrow account as
determined by the Zoning Administrator. Any balance remaining in the cash escrow account
upon completion of the general plan review process shall be returned to the applicant after all
claims and charges thereto have been deducted.
Subd. 2. Information Requirement:
(a) The information required for all PUD general plan applications shall be as specified in
Section 21045.07 of this Chapter.
(b) The Zoning Administrator, Planning Commission, and/or City Council may excuse an
applicant from submitting any specific item of information or document required by this
section which it finds to be unnecessary to the consideration of the specific PUD being
considered.
Subd. 3. Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective until
such time as the City Council approves an ordinance reflecting said amendment, which shall take
place at the time the City Council approves the general plan.
(Amended by Ord. No. 2000-06, 02/29/00; Ord. No. 2001-06, 02/13/01; Ord. No. 2010-21, 11/23/10)
41
21655.07. - Final Plan.
After approval of the general plan, the applicant may apply for final plan approval for all or a
portion of the PUD. The final plan shall be accompanied by a fee as set forth in the City Code. The
applicant shall submit the following material for review by and approval of the Zoning Administrator
prior to issuance of any building permit(s).
(Amended by Ord. No. 2010-21, 11/23/10)
Subd. 1. If the PUD will be developed in different phases, the applicant shall submit a phasing plan
for construction of the various elements of the entire PUD.
Subd. 2. Development plans in final form, based on the approved general plan, covering that
portion of the PUD where building permits will be requested under the phasing plan.
Subd. 3. Proof of recording any easements and restrictive covenants prior to 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.
Subd. 4. All certificates, seals and signatures required for the dedication of land and recording of
documents.
Subd. 5. Any other plans, agreements or specifications necessary for the Zoning Administrator to
review the proposed final plan.
Subd. 6. Single-family developments and PUD districts approved for only one building shall be
exempt from the requirement for a PUD final plan.
(Amended by Ord. No. 2000-06, 02/29/00; Ord. No. 2014-12, 02/25/14)
21655.08. - Periodic PUD Review.
The City Council may require periodic review of a PUD as a condition to approval of a PUD General
Plan in order to ensure compliance with the conditions of the PUD. At such time the City Council may, at
its discretion choose to take additional testimony on the PUD.
(Amended by Ord. No. 2000-06, 02/29/00)
21655.09. - Plan Modification/Amendment of A PUD.
Subd. 1. Amendment for existing single and two family PUDs. Amendments for existing single and two
family PUDs shall follow the same review procedure as established for a major variance, as set forth
in Section 21030.04, Subd. 2(b) of this Chapter.
Subd. 2. Minor Plan Modification/Amendment. Plan modifications/amendments qualifying as minor
as defined by Section 21045.08, Subd. 1 of this Chapter, shall be processed pursuant to that section.
Subd. 3. Major Modification/Amendment. The same review procedure shall be followed for a major
modification/amendment of a PUD as was followed with respect to the PUD general plan, as outlined
in Section 21655.06 of this Chapter.
42
(Amended by Ord. No. 2000-06, 02/29/00; Ord. No. 2010-21, 11/23/10)
21655.10. - General Requirements.
Subd. 1. Records. The Zoning Administrator shall maintain a record of all PUD zones approved by the
City, including all pertinent project plans, any conditions imposed on a project by the City Council,
and such other information as the Zoning Administrator may deem appropriate.
Subd. 2. Withdrawal of an Application. Any application under this section may be withdrawn by an
applicant without prejudice at any time prior to final City Council action thereon.
Subd. 3. Platting of a PUD. In the event that a PUD is to be subdivided into lots or parcels for the purpose
of separate ownership, such PUD shall be platted under the platting procedures contained in the
Plymouth Subdivision Ordinance and the related requirements of Hennepin County. The preliminary
plat shall be processed in conjunction with the general plan as outlined in Section 21655.08. A
separate action on the final plat shall be processed before the City Council prior to the approval of a
Final Plan.
Subd. 4. Conveyance of Property Within a PUD. In the event that any real property within an approved
PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD
and the general plan for that project. However, nothing in this Chapter shall be construed as to make
such conveyed property non-conforming with regard to normal zoning standards as long as the
conveyed property conforms with the approved PUD and the general plan for a project.
Subd. 5. Agreement/Financial Guarantee. Following the approval of the general plan but prior to final
plan approval, the applicant shall enter into an agreement with the City relating to the terms of the
PUD, and shall also provide such financial guarantees as the City requires or deems necessary. Such
agreement may take the form of: 1) a development contract; and/or 2) a Site Improvement
Performance Agreement; and/or 3) another form of legally binding instrument as may be required
by the City.
Subd. 6. A PUD final plan shall expire one year from the date of its approval, unless: 1) the applicant
commences the authorized use within that period; or 2) the applicant applies for an extension before
the expiration of the one year period. The request for extension shall state facts showing a good faith
attempt to complete or commence the use permitted by the PUD final plan. A request for an
extension not exceeding one (1) additional year shall be subject to the review and approval of the
Zoning Administrator. Should a second extension of time or any extension of time longer than one
(1) additional year be requested by the applicant, it shall be presented to the City Council for a
decision.
(Amended by Ord. No. 2000-06, 02/29/00; Ord. No. 2009-07, 05/12/09)
21655.105. - Reference to Pre-Existing PUDS.
Planned Unit Developments that pre-date the adoption of this Chapter but remain in force are
addressed in Section 21100.02, Subd. 2 of this Chapter.
(Amended by Ord. No. 2010-01, 02/23/10)
21655.11 and after are specific PUD approvals which have been omitted from this document.
43
Article Last Amended: October 25, 2010
City of St. Cloud, Minnesota Article 11:
Land Development Code Article 11 - Page 3 Special Purpose Districts
3. Amendments
Any amendments to an approved General Development Plan must follow the text amendment
procedures of Section 4.1 (Text Amendments and Rezoning).
11.2 PLANNED UNIT DEVELOPMENT DISTRICT
A. Purpose
The purpose of the PUD Planned Unit Development District is to offer an alternative to the residential,
commercial and industrial zoning districts of this Code. A PUD District may deviate from the definitive and
precise requirements of established zoning d istricts if the particular areas to be developed can offer
greater value to the community and can preserve the community’s health, welfare and safety than if
those same areas were to be developed as a single purpose zoning district. A PUD District may also be
mixed-use so that it not only contains residential, commercial or industrial uses, but a combination of
these uses.
The purpose of the PUD District is to:
1. Encourage flexibility in the development of land and in the design of structures.
2. Encourage planned diversification in the location of structures.
3. Encourage a creative approach to the use of land that results in better development and design than
might otherwise be accomplished under the strict application of this Code.
4. Provide for the efficient use of land to facilitate a more effective arrangement of land uses, buildings,
circulation systems and utilities.
5. Provide for more usable and suitably located open space and recreation areas than might otherwise
be provided under the application of this Code.
6. Encourage the construction of appropriate aesthetic amenities which will enhance the character of
the site.
7. Guarantee quality construction commensurate with other developments within the community, and
compatible with the character of the surrounding area and adjoining properties.
8. Facilitate implementation of the Comprehensive Plan.
9. Provide for the development of unique land areas and sites that would not be possible under the
strict application of this Code.
10. Encourage quality construction and design.
B. General Standards
1. The PUD is under common ownership and/or unified control. If there are two (2) or more owners, the
application for the PUD must be filed jointly by all such owners.
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Article Last Amended: October 25, 2010
City of St. Cloud, Minnesota Article 11:
Land Development Code Article 11 - Page 4 Special Purpose Districts
2. There is no standard minimum size requirement for any PUD. How ever, the size of the proposed
development would be such that this form of development is logical and adheres to the overall
purposes of this Code.
3. The rezoning authorizing the PUD may grant exceptions to the regulations contained in this Code
including, but not limited to, use, density, area, bulk, off street parking and loading, landscaping and
signs, as may be desirable to achieve the objectives of the proposed planned development, provided
that such exceptions are fully consistent with and authorized b y this Code.
4. PUD must be compatible with the purpose and intent of this Code and the City’s Comprehensive Plan.
A PUD must not substantially diminish the market value of surrounding properties, and it must not
cause substantial impairment of the use of those properties.
5. The PUD must not adversely affect the natural environment of the community as a whole. Natural
assets and features, such as existing trees and native vegetation, must be protected and preserved to
the greatest extent practical.
6. The PUD must be accessible to public streets that are adequate to carry the traffic that will be
generated by the proposed development. The streets and driveways within the proposed
development must be adequate to serve the uses within the development.
7. All proposed streets, alleys and driveways must be adequate to serve the residents, occupants,
visitors or other anticipated traffic. The PUD may be, subject to City Council approval, designed to
discourage outside through traffic from traversing the development. Acc ess points to public streets,
and the location of private streets, alleys and driveways are subject to the approval of the City
Council.
8. The pedestrian circulation system and its related walkways must provide for separation of pedestrian
and vehicular movement and for maximum pedestrian safety.
9. The construction and maintenance of all utilities, roadways, parking facilities and other site
improvements must be in accordance with the requirements of this Code and other regulations of the
City. All roadways and utilities within the PUD must be constructed to specifications established by
the City Council. At the City Council’s request, an agreement for the completion of this work may be
established by the City and the developer.
10. Nothing in this section or this Code may be interpreted as negating the necessity of filing a plat as
required by the subdivision regulations.
11. The burden of justification for any PUD project is the exclusive responsibility of the applicant. The
applicant is responsible for providing the information and data required in this section. In addition, as
the PUD is intended to be an innovative approach, the applicant must provide any other data or
information required by the Planning Commission or the City Council to assist in decision -making.
12. The additional standards applicable in the Scenic Rivers Overlay District and the Shoreland Overlay
District in Paragraph F (Additional Procedures and Standards) below, and for EPUD in ESA as required
in Section 4.4.C.6 (Review Process: Environmental Planned Unit Development (EPUD)).
C. Exceptions from District Regulations
1. Permitted Bulk and Setback Regulation Exceptions
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Article Last Amended: October 25, 2010
City of St. Cloud, Minnesota Article 11:
Land Development Code Article 11 - Page 5 Special Purpose Districts
Exceptions to the bulk and setback district regulations may be granted as part of a PUD District
rezoning. The PUD District is subject to the current district regulations, including any overlay districts
and designated areas, unless such exception is granted. Exceptions from district regulations may be
granted for planned unit developments with respect to district bulk regulations, requi red setbacks,
off-street parking and loading, landscaping and screening, and signs, if the City Council finds that such
exceptions:
a. Enhance the overall merit of the PUD.
b. Promote the objectives of both the City and the development.
c. Enhance the quality of the design of the structures and the site plan.
d. Enable the development to offer environmental and pedestrian amenities.
e. Will not cause such an adverse impact on neighboring properties so as to outweigh the benefits
of the development.
f. Is compatible with the land use policies of the Comprehensive Plan.
g. Provide a public benefit to the City, as described in Paragraph 3 (Public Benefits and Amenities)
below.
2. Use Regulation
The approved General Development Plan of the PUD will establish the permitted us es within the
development that are desirable in achieving the objectives of the PUD. However, there must be clear
evidence that:
a. Such uses are desirable and appropriate with respect to the primary purpose of the
development.
b. Such uses are not of such a nature, or so located, as to exercise a detrimental influence on the
development or the surrounding neighborhood.
3. Public Benefits and Amenities
A PUD must demonstrate a substantial benefit to the City as part of the rezoning approval. No
rezoning to a PUD District may be approved unless the Planning Commission and City Council
determine that a public benefit has been provided to the City as part o f the PUD design. Design
characteristics and amenities that would qualify for this determination include, but are not limited to,
the following:
a. Landscaping, buffering or screening within or around the perimeter of the PUD over and above
the minimum required by this Code.
b. The provision of underground parking, and additional landscaping and screening of parking lots
and structures over and above the minimum required by this Code.
c. Reduced use of impervious surface materials, including cluster development and use of semi-
pervious materials such as grass-crete and pervious pavers.
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Article Last Amended: October 25, 2010
City of St. Cloud, Minnesota Article 11:
Land Development Code Article 11 - Page 6 Special Purpose Districts
d. Design characteristics including, but not limited to, mixed-use development, circulation systems
that utilize alleys or traffic-calming techniques, and a pedestrian-oriented environment.
e. Use of sustainable design and green architecture such as: green roofs and other energy efficient
design concepts; water conservation; environmental sensitivity; new building technologies;
Leadership in Energy and Environmental Design (LEED) techniques; and xeriscaping (water
conservation landscaping).
f. Community amenities including plazas, malls, formal gardens, places to congregate, outdoor
seating, public art, and pedestrian and transit facilities.
g. Preservation of environmental features.
h. Preservation of historic features.
i. Open space and recreational amenities that are available to the public such as:
i. Swimming pools
ii. Tennis courts
iii. Recreational open space accessory buildings
iv. Jogging trails and fitness courses
v. Playgrounds
vi. Natural water features, wetlands and conservation areas
vii. Detention areas which are accessible to occupants or the public via nature trails,
boardwalks, and/or perimeter walkways, but only if they are designed as natural water
features and are landscaped with native vegetation
j. Additional public infrastructure improvements in addition to the minimum required by the PUD,
such as new or repaved streets, installation of gutters and sewers, and traffic control devices to
improve traffic flow.
k. Provision of accessible dwelling units with accessible features beyond what is required by the
Americans with Disabilities Act (ADA) or any other applicable codes.
D. Procedure
1. Overview
a. Before receiving approval of a rezoning to a PUD District, the applicant must submit and receive
approval of a General Development Plan.
b. Additional standards are applicable in the Scenic Rivers Overlay District and the Shoreland
Overlay District in Paragraph E (Additional Procedures and Standards) below, and for an EPUD in
an ESA, as required in Section 4.4.C.6 (Review Process: Environmental Planned Unit Development
(EPUD)).
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2. General Development Plan
a. The General Development Plan must be submitted to the Zoning Administrator at least thirty (30)
days prior to the Planning Commission’s regularly scheduled meeting.
b. The General Development Plan must include:
i. Site plan of the area to be developed.
ii. The topographic surface of the entire area to be developed.
iii. Points of ingress or egress, excluding those of single-family detached and two-family
dwellings.
iv. Recreation and open space areas.
v. Parking areas for uses other than single-family detached and two-family dwellings.
vi. Land use of each specific lot or outlot as determined by the final plat.
c. The Planning Commission will review the General Development Plan upon receipt of a complete
application, based upon the standards contained in Paragraph e below, and either:
i. Recommend approval or denial of the General Development Plan and submit its
recommendation to the City Council.
ii. Advise the applicant in writing of any recommended changes, additions or corrections to the
General Development Plan. The applicant may then submit a revised General Development
Plan for Planning Commission review without paying an additional filing fee. The Planning
Commission will then recommend approval or denial of the General Development Plan and
submit its recommendation to the City Council.
d. The City Council, after receipt of the recommendations from the Planning Commission, may
approve or deny the General Development Plan.
e. The Planning Commission’s recommendation to the City Council and the City Council’s action of
approval or denial must set forth in what respects the PUD is or is not in the public interest
including, but not limited to, findings of fact on the following:
i. The site or zoning lot is adaptable to the unified development proposed.
ii. The proposed PUD is not detrimental to nor does it endanger the public health, safety,
comfort or general welfare of any portion of the community.
iii. The proposed PUD is not injurious to the use and enjoyment of other property in the vicinity
for the purposes already permitted.
iv. The proposed PUD does not diminish or impair property values within the neighborhood.
v. The proposed PUD does not impede the normal and orderly development and improvement
of surrounding property for uses permitted in the zoning district.
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vi. There is provision for adequate utilities, drainage, off street parking and loading, pedestrian
access and all other necessary facilities.
vii. There is provision for adequate vehicular ingress and egress designed to minimize traffic
congestion upon public streets.
viii. The location and arrangement of structures, parking areas, walks, lighting and appurtenant
facilities are compatible with the surrounding neighborhood and adjacent land uses.
ix. Those areas within the proposed PUD that are not used for structures, parking and loading
areas, or access ways, are suitably landscaped.
x. The proposed PUD’s location is consistent with the spirit and intent of this Code and the
adopted Comprehensive Plan.
E. Post-Approval
Once an area has been rezoned to a PUD District, all development must comply with the following:
1. Any deviation from the approved plans is a violation of this Code.
2. Upon approval of the PUD District by the City Council, the area will be subject to the stipulations of
the approved plans. The developer, when requested, will make periodic reports to the Planning
Commission.
3. Once the rezoning to a PUD District has been approved and building permits have been issued, the
applicant may begin construction. The PUD District is, in all cases, conditional and no departure from
the General Development Plan is allowed without approval by the City Council.
4. Any amendments to an approved General Development Plan must follow the text amendment
procedures of Section 4.1 (Text Amendments, Rezoning, Development Plan Amendments, and
Medical District Amendments).
5. Amendments may be requested by an owner of any individual property regulated by the approved
General Development Plan.
6. Amendment requests will be reviewed for consistency with Section 11.2D.2e (General Development
Plan).
F. Additional Procedures and Standards
Due to their specific nature, when a PUD is proposed for certain areas, additional standards and
procedures may apply as part of PUD District approval. These additional standards and procedures are as
follows:
1. Planned Unit Developments in the Scenic Rive rs Overlay District
In addition to the applicable standards regarding PUD Districts, the following procedures and
standards for the review and approval of a PUD in the Scenic Rivers Overlay District apply.
a. Procedures
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i. Within the Scenic Rivers Overlay District, it is recommended that the applicant have a
preliminary meeting with the Zoning Administrator and the Department of Natural
Resources Area Hydrologist. If possible, this step should include a meeting and site
inspection with all parties present.
ii. General Development Plans must be approved by the Minnesota Commissioner of Natural
Resources prior to final approval by the City Council.
iii. Subdivision of the land involved should be carried out simultaneously.
b. Standards
The following standards will be considered:
i. Land to be set aside as open space or common area must be clearly indicated on the plan.
Facilities such as docks, swimming areas and launching ramps must be centralized and
shown on the plan.
ii. All developments must be serviced by City sewer and water utilities.
iii. The maximum number of individual units which may be allowed within the PUD is
determined by multiplying by one and one-half (1.5) the number of lots that would normally
be allowed using a standard lot-block approach. Density increase within the first tier cannot
exceed fifty percent (50%).
iv. When, in the opinion of the City Council, a PUD will result in excessive surface water usage,
the City Council may, as a condition to approval, restrict the number of allowable units
and/or restrict access rights to public water bodies.
v. Common open space is required and described as such:
(1) The location, shape, size and character of the common open space must be deemed
adequate for the PUD.
(2) At least fifty percent (50%) of the project area must be common open space, which
must include the area between residential structures and the water.
(3) Common open space areas must be preserved. This may be accomplished through the
use of covenants, dedications or other methods.
(4) Recreational facilities, such as tennis courts and swimming pools, may be permitted on
or within common open space.
2. Planned Unit Developments in the Shoreland Overlay District
Within the Shoreland Overlay District, a PUD is allowed for new projects on undeveloped land,
redevelopment of previously built sites, or conversions of existing buildings and land.
a. Procedure
The applicant for a PUD must submit the following documents p rior to General Development
Plan approval:
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i. A site plan and/or plat for the project showing locations of property boundaries, surface
water features, existing and proposed structures and other facilities, land alterations,
sewage treatment and water supply systems where public systems will not be provided, and
topographic contours at ten (10) foot intervals or less. When a PUD combines commercial
and residential development, the site plan and/or plat must indicate and distinguish which
buildings and portions of the project are residential, commercial or a combination.
ii. A property owner’s association agreement for residential -only development with mandatory
membership, and all in accordance with the provisions of this section.
iii. Deed restrictions, covenants, permanent easements or other instruments that properly
address future vegetative and topographic alterations, construction of additional buildings,
beaching of watercraft, and construction of commercial buildings in residential-only
developments and ensure the long-term preservation and maintenance of open space in
accordance with the provisions of this section.
iv. When necessary, a master plan/drawing describing the project and the floor plan for all
commercial structures to be occupied.
v. Any additional documents as requested by the Planning Commission or the City Council
necessary to explain how the PUD will be designed and will function.
b. Standards
The following standards will be considered in the approval of a PUD in the Shoreland Overlay
District:
i. The existing recreational use of the surface water and likely increases in use associated with
the PUD.
ii. The physical and aesthetic impacts of increased density.
iii. The suitability of lands for the PUD District approach, including the suitable area evaluation
of Paragraph c (Suitable Area Evaluation) below.
iv. Level of current development in the area.
v. The amount and type of ownership of undeveloped lands.
c. Suitable Area Evaluation
i. Proposed new, or expansions to existing PUD, must be evaluated using the procedures and
standards of this section to determine the suitable area for the dwelling unit/density
evaluation of Paragraph d (PUD Density Evaluation) below.
ii. The project parcel must be divided into tiers by locating one (1) or more lines approximately
parallel to a line that identifies the ordinary high-water level of the river at three-hundred
(300) foot intervals, proceeding landward.
iii. The suitable area within each tier calculated by excluding from the tier area all wetlands,
bluffs or land below the ordinary high-water level of public waters. This suitable area and the
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proposed project are then subjected to the density evaluation steps of Paragraph d (PUD
Density Evaluation) below to arrive at an allowable number of dwelling units or sites.
d. PUD Density Evaluation
The procedures for determining the “base” density of a PUD and density increase multipliers are
as follows. Allowable densities may be transferred from any tier to any other tier further from
the waterbody but must not be transferred to any closer tier.
i. Residential Use PUD Base Density Evaluation
The suitable area within each tier is divided by the single residential lot size standard for the
rivers, the single residential lot width standard times the tier depth, unless the City has
specified an alternative minimum lot size for rivers, which is then used to yield a base
density of dwelling units or sites for each tier. Proposed locations and numbers of dwelling
units or sites for the PUD are then compared with the tier, density and suitability ana lyses,
and the design criteria of this section.
ii. Mixed-Use PUD Base Density Evaluation
The following steps are followed to determine the base density evaluation:
(1) Determine the average inside living area size of dwelling units or sites within each tier,
including both existing and proposed units and sites. Computation of inside living area
sizes does not include decks, patios, stoops, steps, garages, porches and basements,
unless they are habitable space.
(2) Select the appropriate floor area ratio from the following table - Table 11-3: Commercial
Planned Unit Development Floor Area Ratios.
TABLE 11-3: COMMERCIAL PLANNED UNIT
DEVELOPMENT FLOOR AREA RATIOS1
AVERAGE UNIT FLOOR
AREA SEGMENTS
URBAN RIVER
SEGMENTS FLOOR AREA
RATIO
200sf .040
300sf .048
400sf .056
500sf .065
600sf .072
700sf .082
800sf .091
900sf .099
1,000sf .108
1,100sf .116
1,200sf .125
1,300sf .133
1,400sf .142
1,500sf .150
FOOTNOTES TABLE 11-3
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1 For average unit floor areas less than shown, use the floor area ratios listed for 200sf. For areas greater than shown, use the
ratios listed for 1,500sf. For recreational camping areas, use the ratios listed at 400sf. Manufactured home sites in recreational
camping areas must use a ratio equal to the size of the manufactured home, or if unknown, the ratio listed for 1,000sf.
(3) Multiply the suitable area within each tier by the floor area ratio to yield total floor area
for each tier allowed to be used for dwelling units or sites. Divide the total floor area by
tier by the average inside living area size. This yields a base number of dwelling units
and sites for each tier.
(4) Proposed locations and numbers of dwelling units or sites for the PUD are then
compared with the tier, density and suitability analyses and the design criteria of this
section.
iii. Density Increase Multipliers
Increases to the dwelling unit or dwelling site base densities previously determined are
allowed if the dimensional standards of the Shoreland Overlay District are met or exceeded,
and the design criteria in Paragraph e (Maintenance and Design Criteria) below are met. The
allowable density increases of Table 11-4: Allowable Dwelling Unit or Dwelling Site Density
Increases will only be permitted if structure setbacks from the ordinary high water level are
increased to at least fifty percent (50%) greater than the minimum setback, or the impact on
the waterbody is reduced an equivalent amount through vegetative management,
topography or additional means acceptable to the City, and the setback is at least twenty -
five percent (25%) greater than the minimum setback.
TABLE 11-4: ALLOWABLE DWELLING UNIT OR DWELLING SITE DENSITY INCREASES
DENSITY EVALUATION TIERS MAXIMUM DENSITY INCREASE WITHIN EACH TIER
1st 50%
2nd 100%
3rd 200%
4th 200%
5th 200%
e. Maintenance and Design Criteria
Before final approval of a PUD, adequate provisions must be developed for preservation and
maintenance in perpetuity of open spaces and for the continued existence and functioning of the
development.
i. Open Space Preservation
Deed restrictions, covenants, permanent easements, public dedication and acceptance, or
other equally effective and permanent means must be provided to ensure the long-term
preservation and maintenance of open space. The instruments must include all of the
following protections:
(1) Commercial uses are prohibited in residential-only developments.
(2) Vegetation and topographic alterations, other than routine maintenance, are
prohibited.
(3) Construction of additional buildings or storage of vehicles and other materials are
prohibited.
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(4) Uncontrolled beaching of watercraft are prohibited.
ii. Owners Association
Unless an equally effective alternative community framework is established, when
applicable, all residential-only developments must use an owners association with the
following features:
(1) Membership must be mandatory for each dwelling unit or site purchaser, and any
successive purchasers
(2) Each member must pay a pro-rata share of the association's expenses, and unpaid
assessments can become liens on units or sites.
(3) Assessments must be adjustable to accommodate changing conditions.
(4) The association must be responsible for insurance, taxes and maintenance of all
commonly owned property and facilities.
iii. Open Space Requirements
Open space in a PUD must meet all of the following criteria:
(1) At least fifty percent (50%) of the total project area must be preserved as open space.
(2) Dwelling units or sites, road right-of-way or land covered by road surfaces, parking areas
or structures, except water-oriented accessory structures or facilities, are developed
areas and are not included in the computation of minimum open space.
(3) Open space must include areas with physical characteristics unsuitable for development
in their natural state, and areas containing significant historic sites or unplatted
cemeteries.
(4) Open space may include outdoor recreational facilities for use by owners of dwelling
units or sites, by guests staying in commercial dwelling units or sites, and by the general
public.
(5) Avoid adverse impacts on the systems.
(6) Open space must not include commercial facilities or uses, but may contain water-
oriented accessory structures or facilities.
(7) The appearance of open space areas, including topography, vegetation and allowable
uses, must be preserved by use of restrictive deed covenants, permanent easements,
public dedication and acceptance, or other equally effective and permanent means.
(8) The shore impact zone, based on normal structure setb acks, must be included as open
space. For residential-only developments, at least fifty percent (50%) of the shore
impact zone area of existing developments, or at least seventy percent (70%) of the
shore impact zone area of new developments must be preserved in its natural or
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existing state. For mixed-use developments, at least fifty percent (50%) of the shore
impact zone must be preserved in its natural state.
iv. Erosion Control and Stormwater Management
(1) Erosion control and stormwater management plans must be developed, and the PUD
must be designed, and the construction managed, to minimize the likelihood of serious
erosion occurring either during or after construction. This must be accomplished by
limiting the amount and length of time of bare ground exposure. Temporary
groundcover, sediment entrapment facilities, vegetated buffer strips, or other
appropriate techniques must be used to minimize erosion impacts on surface water
features. Erosion control plans approved by a soil and water conservation district may
be required if project size and site physical characteristics warrant.
(2) Erosion control and stormwater management plans must be developed, and the PUD
must be designed and constructed to effectively manage reasonably expected quantities
and qualities of stormwater runoff. Impervious surface coverage within any tier must
not exceed twenty-five percent (25%) of the tier area, except for mixed-use
developments where thirty-five percent (35%) impervious surface coverage may be
allowed in the first tier of general development lakes with an approved stormwater
management plan and consistency with this section.
v. Centralization and Design of Facilities
Centralization and design of facilities and structures must be done according to the following
standards:
(1) Planned unit developments must be connected to the City water supply and sewer
system, if available. On-site water supply and sewage treatment systems must be
centralized and designed and installed to meet or exceed applicable standards or rules
of the Minnesota Department of Health and this Code. On-site sewage treatment
systems must be located on the most suitable areas of the development, and sufficient
lawn area free of limiting factors must be provided for a replacement soil treatment
system for each sewage system.
(2) Dwelling units or sites must be clustered into one (1) or more groups and located on
suitable areas of the development. They must be designed and located to meet or
exceed the following dimensional standards for the relevant shoreland classi fication:
setback from the ordinary high-water level, elevation above the surface water features,
and maximum height. Setbacks from the ordinary high-water level must be increased in
accordance with density increases.
(3) Shore recreation facilities including, but not limited to, swimming areas, docks, and
watercraft mooring areas and launching ramps, must be centralized and located in areas
suitable for them. Evaluation of suitability must include consideration of land slope,
water depth, vegetation, soils, depth to groundwater and bedrock, and other relevant
factors. The number of spaces provided for continuous beaching, mooring or docking of
watercraft must not exceed one (1) for each permitted dwelling unit or site in the first
tier, notwithstanding existing mooring sites in an existing commercially-used harbor.
Launching ramp facilities, including a small dock for loading and unloading equipment,
may be provided for use by occupants of dwelling units or sites located in other tiers.
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(4) Structures, parking areas and other facilities must be treated to reduce visibility as
viewed from public waters and adjacent shorelands by vegetation, topography,
increased setbacks, color or other means acceptable to the local unit of government,
assuming summer, leaf-on conditions. Vegetative and topographic screening must be
preserved, if existing, or may be required to be provided.
(5) Accessory structures and facilities, except water-oriented accessory structures, must
meet the required principal structure setback and must be centralized. Water-oriented
accessory structures and facilities may be allowed if they meet or exceed design
standards of the Shoreland Overlay District and are centralized.
f. Conversions to Residential-Only Developments
The City may allow existing resorts or other land uses and facilities to be converted to residential-
only developments if all of the following standards are met:
i. Proposed conversions must be initially evaluated using the same procedures for new
construction of residential-only developments. Inconsistencies between existing features of
the development and these standards must be identified.
ii. Deficiencies involving water supply and sewage treatment, structure color, impervious
coverage, open space and shore recreation facilities must be corrected as part of the
conversion or as specified in the approval conditions.
iii. Shore and bluff impact zone deficiencies must be evaluated, and reasonable improvements
made, as part of the conversion. These improvements must include, where applicable, the
following:
(1) Removal of extraneous buildings, docks or other facilities that no longer need to be
located in shore or bluff impact zones.
(2) Remedial measures to correct erosion sites and improve vegetative cover and screening
of buildings and other facilities as viewed from the water.
(3) If existing dwelling units are located in shore or bluff impact zones, conditions must be
attached to approvals of conversions that preclude exterior expansions in any
dimension or substantial alterations. The conditions must also provide for future
relocation of dwelling units, where feasible, to other locations, meeting all setback and
elevation requirements when they are rebuilt or replaced.
iv. Existing dwelling unit or site densities that exceed the standards may be allowed to con tinue
but must not be increased, either at the time of conversion or in the future. Efforts must be
made during the conversion to limit impacts of high densities by requiring seasonal use,
improving vegetative screening, centralizing shore recreation facilities, installing new sewage
treatment systems, or other means.
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PART II - LAND DEVELOPMENT
Chapter 113 - ZONING
ARTICLE III. - ZONING DISTRICTS
DIVISION 3. PLANNED UNIT DEVELOPMENT AND OVERLAY DISTRICTS
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DIVISION 3. PLANNED UNIT DEVELOPMENT AND OVERLAY DISTRICTS
Sec. 113-123. Planned Unit Development.
(a) Intent and Purpose. It is the intent of this section to provide an optional method of regulating land use which
permits flexibility from the other provisions of the City Code, including flexibility in uses allowed, setbacks,
height, parking requirements, number of buildings on a lot, and similar regulations in exchange for public
benefit in the form of amenities.
(1) The purpose of this section is to:
a. Encourage, preserve and improve the health, safety and general welfare of the people of the City
by encouraging the use of contemporary land planning principles.
b. Achieve a high quality of site planning, design, landscaping, and building materials which are
compatible with the existing and planned land uses.
c. Encourage preservation and protection of desirable site characteristics and open space and
protection of sensitive environmental features including steep slopes, trees, scenic views,
waterways, wetlands and lakes.
d. Encourage construction of affordable housing and a variety of housing types.
e. Encourage creativity and flexibility in land development.
f. Encourage efficient and effective use of land, open space, streets, utilities and other pu blic
facilities.
g. Allow mixed land uses and the assembly and development of land to form larger parcels.
h. Encourage development in transitional areas which achieve compatibility with all adjacent and
nearby land uses.
i. Achieve development consistent with the Comprehensive Plan.
j. Achieve development consistent with the City's redevelopment plans and goals.
k. Encourage development that is sustainable and has a high degree of energy efficiency.
(2) This section applies to all planned unit developments existing in the City on the date of enactment of
the ordinance from which this section is derived and all subsequently enacted planned unit
developments (or PUDs).
(b) Applicability.
(1) Optional Land Use Control. PUD provisions provide an optional method of regulating land use which
permits flexibility in the uses allowed and other regulations, including setbacks, height, parking
requirements, number of buildings on a lot, and similar regulations, provided the following
requirements are met and the PUD plan complies with the other provisions of this section and other
planned unit development sections. Approval of a PUD and granting of a PUD plan does not alter the
existing zoning district classification of a parcel in any manner; however, 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
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conformance with the approved PUD plan, the building code, and with all other applicable City Code
provisions.
(2) Uses. Once a final PUD plan is approved, the uses are limited to those approved by the specific
approved PUD ordinance for the site and by the conditions, if any, imposed by the City in the approval
process.
(3) Maintenance Preservation. All features and aspects of the final PUD plan and related documents,
including, but not limited to, buildings, setbacks, open space, preserved areas, landscaping, wetlands,
buffers, grading, drainage, streets and parking, hard cover, signs and similar features shall be used,
preserved and maintained as required in said PUD plans and documents.
(c) Standards and Guidelines.
(1) Intent and Purposes. A PUD shall meet and be consistent with the intent and purpose provisions and all
other provisions of this section.
(2) Findings. Approval of a preliminary or final PUD plan, or a PUD amendment, requires the following
findings be made by the City:
a. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and
achieves a higher quality of site planning and design than generally expected under conventional
provisions of this chapter.
b. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's
characteristics, open space and sensitive environmental features including steep slopes, trees,
scenic views, creeks, wetlands and open waters.
c. Efficient; Effective. The PUD plan includes efficient and effective use (which includes
preservation) of the land.
d. Consistency. The PUD plan results in development that is compatible with adjacent uses and
consistent with the Comprehensive Plan and redevelopment plans and goals.
e. General Health. The PUD plan is consistent with preserving and improving the general health,
safety and general welfare of the people of the City.
f. Meets Requirements. The PUD plan meets the intent and purpose provisions of Subsection (a) of
this section and all other provisions of this section.
(3) Size. Each residential PUD must have a minimum area of two acres, excluding areas within a public
right-of-way, designated wetland, or floodplain overlay district, unless the applicant can demonstrate
to the satisfaction of the City Manager or his/her designee the existence of one or more of the
following:
a. Unusual physical features of the property itself or of the surrounding neighborhood such that
development as a PUD will conserve a physical or topographic feature of importance to the
neighborhood or community.
b. The property is directly adjacent to or across a right-of-way from property which has been
developed previously as a PUD and will be perceived as and will function as an extension of that
previously approved development.
c. The property is located in a transitional area between different l and use categories.
(4) Frontage. Frontage on a public street shall be at least 100 feet or adequate to serve the development.
(5) Setbacks.
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a. The City may allow some flexibility in setbacks if it benefits all parties and the environment.
Requiring greater or allowing lesser setbacks may be based on uses on and off the site, natural
amenities and preservation, topography, density, building height s, building materials,
landscaping, lighting and other plan features. The rationale and justification for these setbacks
shall be described in the narrative.
b. Principal building. No principal building shall be closer than its height to the rear or side lot line
when such line abuts on a Single-Family Zoning District.
c. All buildings. No building shall be located less than 15 feet from the back of the curbline along
those roadways which are a part of the internal road system. Some minor deviations may b e
allowed provided adequate separation is provided through additional landscaping, berming or
similar means.
(6) Private Service Facilities or Common Areas. In the event certain land areas or structures are proposed
within the PUD for shared recreational use or as service facilities, the owner of such land and buildings
shall enter into an agreement with the City to assure the continued operation and maintenance to a
pre-determined reasonable standard. These common areas may be placed under the ownership o f one
of the following as determined by the City Council:
a. Dedicated to the public where community-wide use is anticipated
b. Landlord; or
c. Landowners or homeowners association, provided appropriate conditions and protections
satisfactory to the City are met, such as formation of the association, mandatory membership,
permanent use restrictions, liability insurance, local taxes, maintenance, and assessment
provisions.
(7) Private Streets.
a. Private streets shall not be approved, nor shall public improvements be approved for any private
right-of-way, unless a waiver is granted by the City based on the following and other relevant
factors:
1. Extension of a public street is not physically feasible as determined by the City
2. Severe grades make it infeasible according to the City to construct a public street to
minimum City standards
3. The City determines that a public road extension would adversely impact natural
amenities; or
4. There is no feasible present or future means of extending right-of-way from other
directions.
b. If the City determines that there is need for a public street extension, this provision shall not
apply, and the right-of-way for a public street shall be provided by dedication in the plat.
c. If a waiver is granted for the installation of private streets, the following design standards shall
apply:
1. The street must have adequate width consistent with the transportation plan and must be
located and approximately centered within an easement at least four feet wider than th e
street.
2. The private street shall be designed to minimize impacts upon adjoining parcels.
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3. The design and construction standards must result in a functionally sound street in balance
with its intended use and setting.
4. The number of lots to share a common private access drive must be reasonable.
5. Covenants which assign driveway installation and future maintenance responsibility in a
manner acceptable to the City must be submitted and recorded with the titles or the
parcels which are benefited.
6. Common sections of the private street serving three or more dwellings must be built to a
seven-ton design, paved to a width of 20 feet, utilize a minimum grade, and have a
maximum grade which does not exceed 10 percent.
7. The private street must be provided with suitable drainage.
8. Covenants concerning maintenance and use shall be filed against all benefiting properties.
9. Street addresses or City-approved street name signs, if required, must be posted at the
point where the private street intersects the public right-of-way.
(8) Hard Surfaces. Hard surface coverage is expected not to exceed the following standards.
Uses Maximum Hard Cover
(Percent)
Single-family homes 38%
Townhomes 40%
Apartments, condominiums 42%
Institutional uses 45%
Industrial uses 70%
Business-office uses 80%
Commercial-retail 90%
Mixed uses of housing with retail, office, or business 90%
(9) Public Space. Properties within PUDs are subject to the dedication of parks, playgrounds, trails, open
spaces, stormwater holding areas, and ponds as outlined in Chapter 109, pertaining to subdivisions, the
Comprehensive Plan, redevelopment plans, or other City plans.
(10) Mixed-Income Housing. All applications for new PUDs submitted after September 19, 2017, shall be
consistent with the City's Mixed-Income Housing Policy.
(11) Public Amenities (Affordable Housing Units). Provide affordable housing units beyond the minimum
amount required in the City's Mixed-Income Housing Policy (and comply with all other provisions in the
Policy). Three options of affordability include:
a. An additional 10 percent of units within the development are rented or sold at 30 percent of a rea
median income or less.
b. An additional 20 percent of units within the development are rented or sold at 50 percent of area
median income or less.
c. An additional 30 percent of units within the development are rented or sold at 80 percent of area
median income or less.
(12) Public Amenities. All applications for new PUDs submitted after December 1, 2015, shall provide at
least one amenity or combination of amenities that total at least five points from the public amenity
option table below. An applicant may petition for credit for an amenity not included in the public
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amenity option table that is not otherwise required in the underlying zoning district; however, if the
petition is granted, the amenity may only be allotted up to two points.
PUD Amenity Options
Points Amenity Standards
5 Green roof Installation of an extensive, intensive, or semi-intensive, modular or
integrated green roof system that covers a minimum of 50 percent
of the total roof area proposed for the development.
5 Affordable housing units Provide affordable housing units beyond the minimum amount
required in the City's Mixed-Income Housing Policy (and comply
with all other provisions in the Policy). Three options of affordability
include:
• An additional 10 percent of units within development are rented
or sold at 30 percent of Area Median Income or less.
• An additional 20 percent of units within development are rented
or sold at 50 percent of Area Median Income or less.
• An additional 30 percent of units within development are rented
or sold at 80 percent of Area Median Income or less.
4 Public open space Contiguous ground level outdoor open space that is provided
beyond the amount of open space required in the under lying zoning
district requirements. The space shall preserve the natural
landscape while providing the opportunity for members of the
public to interact with the natural habitat using walkways, benches,
or other mechanisms.
4 Utilization of a renewable
energy source
Use of a photovoltaic or wind electrical system, solar thermal
system and/or a geothermal heating and cooling system for at least
50 percent of the annual energy demand in new and existing
buildings The applicant must demonstrate that the quantity of
energy generated by the renewable energy system meets the
required percentage through a whole building energy simulation.
Renewable energy sources shall be in accordance with the
underlying zoning district and any other applicable requirements of
the City Code.
4 Leadership in Energy and
Environmental Design (LEED)
Platinum certification
The proposed development shall achieve LEED Platinum certification
approved by a LEED accredited professional (LEED-AP) by a date
determined in the development agreement. During the PUD
approval process, the developer must submit a LEED checklist and
documentation to the City that shows the project will comply with
LEED Platinum requirements.
3 Leadership in Energy and
Environmental Design (LEED)
Gold certification
The proposed development shall achieve LEED Gold certification
approved by a LEED accredited professional (LEED-AP) by a date
determined in the development agreement. During the PUD
approval process, the developer must submit a LEED checklist and
documentation to the City that shows the project will comply with
LEED Gold requirements.
3 Community garden Permanent and viable growing space and/or facilities such as a
greenhouse or a garden, which provides fencing, watering systems,
soil, secured storage spaces for tools, solar access, and pedestrian
access as applicable. The facility shall be designed to be
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architecturally compatible with the development to minimize the
visibility of mechanical equipment.
3 Public recreation area An active, safe, and secure outdoor recreation area open and visible
to the public that includes equipment or natural features suitable
for recreational use.
3 Public plaza Plazas shall be open to the public during daylight hours and provide
opportunities for the public to interact with the space using outdoor
furniture, art, or other mechanisms.
3 Public art The art shall be maintained in good order for the life of the principal
structure. The art shall be located where it is highly visible to the
public. If located indoors, such space shall be clearly visible and
easily accessible from adjacent sidewalks or streets.
3 Creation or preservation of
significant/historic architecture
Creation, preservation, rehabilitation, or restoration of designed
historic landmarks or significant architectural features as a part of
the development.
2 Enhanced bicycle and
pedestrian facilities
Eligible facilities may include a combination of the following: heated
transit shelter, bicycle repair tools, rest area, wayfinding signs,
sheltered walkway, woonerf, and other amenities that increase the
convenience and encourage the use of public walkways and
bikeways beyond what is otherwise required in the underlying
zoning district.
2 Innovative stormwater
management
The design must provide capacity for infiltrating stormwater beyond
what is required by the City and watershed district and the design
must serve as a visual amenity to the property and be reflective of
innovative techniques.
1 Water feature usable to public A water feature, including, but not limited to, a reflecting pond, a
children's play feature, or a fountain shall be located where it is
highly visible and useable by the public.
1 Shared bicycle and vehicle
facilities
Accommodation for shared vehicles or shared bicycles on site. The
shared service provider must be committed in writing to the use of
the space in order to be eligible.
1 Enhanced landscaping A landscaping plan prepared by a licensed landscape architect that
provides exceptional design with a variety of pollinators and native
trees, shrubs, and plant types that provide seasonal interest and
that exceed minimum City standards.
1 Electric car charging station An electric vehicle charging station accessible to residents,
employees, and/or the public providing connections at the rate of
five percent of the required parking spaces.
(d) Procedures.
(1) Qualifications. Application for a PUD or PUD amendment may be made only by the owner of the land
involved in the PUD application, or by a duly authorized representative, or an option or contract
holder, provided the application is accompanied by fully executed agreements or documents from the
owner stating that such owner has no objections to the proposed a pplication and is in fact joining in
the same. The City may act as an applicant on its own behalf or on the behalf of an affiliated
governmental body.
(2) Preliminary PUD Conference. Prior to filing a PUD application and prior to conducting a neighborhood
meeting, the applicant shall meet with City staff for a preapplication conference. The primary purpose
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of the conference is to allow the applicant and staff to discuss land use controls, appropriate use of the
site, design standards, how the plan will achieve higher quality and meet the PUD purpose and design
requirements, the application process, and the general merits of the applicant's proposal.
(3) Neighborhood Meeting. At an appropriate point during development of a preliminary PUD plan or
major PUD amendment application process, the applicant shall hold a neighborhood meeting. All
property owners within 500 feet of the PUD, or a larger area as determined by the City, shall be given
notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposal,
discuss the concepts and basis for the plan being developed, and to obtain information and suggestions
from the neighborhood.
(4) Preliminary PUD Review.
a. Planning Division. Upon submission of a completed preliminary PUD plan application, the
Planning Division shall:
1. Refer. Refer the application to other City departments for their written evaluations
regarding those aspects of the proposal which affect public safety and the delivery of City
services.
2. Notify. Notify by mail property owners within 500 feet of the PUD, or a larger area to be
determined by the City, of the public information meeting. However, failure of any
property owner to receive notification shall not invalidate the proceedings.
3. Report. Prepare a report and refer it to the Planning Commission for review at the informal
public hearing.
b. Planning Commission.
1. Informal Public Hearing. The Planning Commission shall hold an informal public hearing and
consider the application for consistency with the intent and purpose provisions in
Subsection (a) of this section and other requirements of this section and principles and
standards adhered to in the City. The Planning Commission's report to the City Council shall
include recommended changes, conditions, or modifications.
2. Recommendation. The findings and recommendation of the Planning Commission shall be
forwarded to the City Council and may include recommended conditions and modifications
to the preliminary PUD plan.
c. City Council.
1. Public Hearing. The City Council shall hold a public hearing and take action on the
application. All property owners within 500 feet of the PUD, or a larger area as determined
by the City, shall be given notice of the meeting. The public hearing shall be called and
notice thereof given in the manner required by statute.
2. Action. The findings and action of the City Council may include a request for plan
amendments, approval, denial, or other action deemed appropriate by the City Council
such as referral back to the Planning Commission.
(5) Final PUD Conference. Following approval by the City Council of the preliminary PUD plan, with or
without conditions, and prior to the submission of the final PUD plan for review, the applicant shall
meet with City staff to demonstrate that all conditions or required modifications to the preliminary
PUD plan have been addressed. Failure to hold this meeting prior to su bmission of the final PUD plan
shall be grounds to deem the application incomplete.
(6) Final PUD Review.
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a. Planning Division. Upon submission of a completed final PUD plan application, the Planning
Division shall:
1. Refer. Refer the application to other City departments for their written evaluations
regarding those aspects of the proposal which affect public safety and the delivery of
service.
2. Notify. Notify by mail property owners within 500 feet of the PUD, or a larger area to be
determined by the City, of the public information meeting. However, failure of any
property owner to receive notification shall not invalidate the proceedings.
3. Report. Prepare a report and refer it to the Planning Commission for review at the informal
public hearing.
b. Planning Commission.
1. Informal Public Hearing. The Planning Commission shall hold an informal public hearing. All
property owners within 500 feet of the PUD or a larger area as determined by the City,
shall be given notice of the meeting.
2. Consistency. The Commission shall review the final PUD plan for consistency with the
preliminary PUD plan as approved by the City Council, and the conditions, if any, imposed
by the City Council, the intent and purpose provisions of Subsection (a) of this section , all
other provisions of this section, and principles and standards adhered to in the City.
3. Recommendation. The findings and recommendation of the Planning Commission shall be
forwarded to the City Council and may include recommended conditions and mo difications
to the final PUD plan.
c. City Council.
1. Public Hearing. The City Council shall hold a public hearing. All property owners within 500
feet of the PUD, or a larger area as determined by the City, shall be given notice of the
meeting. The public hearing shall be called and notice thereof given in the manner required
by statute.
2. Action. The findings and action of the City Council may include plan amendments, approval,
denial, or other action based on findings and deemed appropriate by the Ci ty Council such
as referral back to the Planning Commission.
d. Approval. Approval of a PUD shall be by ordinance requiring an affirmative vote of a majority of
the City Council.
(e) Application - Preliminary PUD Plan.
(1) Application and Preliminary PUD Plan Requirements. The applicant shall complete and sign the
application and submit a preliminary PUD plan. All application requirements must be completed and
submitted for the application to be processed. If it is proposed to develop a project during a p eriod
which will exceed two years, the applicant may request approval of a preliminary PUD plan for the
entire project and permission to submit a final PUD plan only for the first stage of the project. Separate
public hearings and a final PUD plan shall nevertheless be required respecting such successive stage of
the project as the same is reached. Except to the extent the City Manager or his/her designee requires
more or less information, the application shall include, but not be limited to, the following information:
a. Narrative. A narrative statement explaining how the proposed PUD will meet the purpose and
other provisions of this section.
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b. Preliminary site/development plan. A plan of the proposed development illustrating the nature
and type of proposed development shall identify all land uses and proposed square footages, the
locations of buildings, existing and proposed roadways and accesses, pedestrian ways and
sidewalks, proposed parking areas, areas to be preserved, public and common areas, and the
amenities to be provided. Setback measurements from buildings, roads, parking and high use
outdoor activity areas to the nearest lot lines shall be shown on the site plan.
c. Preliminary preservation plan. A preservation plan showing the areas to be p reserved and spaces
to be left open shall be provided. Preference shall be given to protecting sensitive environmental
features including steep slopes, trees, scenic views, waterways, wetlands and lakes.
d. Preliminary stormwater management plan. Preliminary plans for grading, drainage and erosion
control which meet the City's standards shall be submitted. The plan shall show hard surface
calculations by areas: buildings, private streets, driveways, parking lots, plazas, walks, trails, and
all other impervious surfaces.
e. Preliminary utilities plan. The applicant shall provide a plan showing how the site will be served
by utilities.
f. Preliminary building code analysis.
g. Preliminary plat. All data required for a preliminary plat by the requirements of Chapter 109,
pertaining to subdivisions.
h. Preliminary building elevations, including height and materials.
i. Future requirements. The applicant is advised to consider the additional requirements for a final
PUD plan when preparing the preliminary PUD plan.
j. Other. An applicant may submit any additional information which may explain the proposed PUD.
(f) Application - Final PUD Plan.
(1) Application and Final PUD Plan Requirements. Unless the applicant has obtained City Council
permission to develop a project over more than two years, the applicant shall submit a complete final
PUD plan within 180 days of preliminary PUD plan approval. Such 180-day period may be extended for
additional 180-day periods by the City Council in the exercise of its sole discretion subject to such
additional conditions as it deems appropriate. The final PUD plan shall be consistent with the
preliminary PUD plan approved by the City Council, as well as the intent and purpose provisions of
Subsection (a) of this section. Except to the extent the City Manager or his/her designee requires more
or less information, the application shall include, but not be limited to, the following:
a. Narrative. A narrative statement explaining how the proposed PUD will meet the purpose and
other provisions of this section. The narrative must demonstrate that all conditions or required
modifications to the preliminary PUD plan have been addressed.
b. Final site/development plan. A plan of the proposed development illustrating the nature and type
of proposed development shall identify all land uses and proposed square footages, the locations
of buildings, existing and proposed roadways and accesses, pedestrian ways and sidewalks,
proposed parking areas, areas to be preserved, public and common areas, and the amenities to
be provided. Setback measurements from buildings, roads, parking and high use outdoor activity
areas to the nearest lot lines shall be shown on the site plan.
c. Final preservation plan. A preservation plan showing the areas to be preserved and spaces to be
left open shall be provided. The plan shall include new plantings, fixtures, equipment and
methods of preservation. Said plan and information may be included on the landscape plan.
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1. Wetlands and Ponds. Wetlands and ponds shall have a riparian buffer strip composed of
natural vegetation but not an improved and/or fertilized lawn. The applicant shall comply
with regulations set forth by the City, the Bassett Creek Watershed Management
Commission, and the State.
2. Buffers. Provisions for buffering the PUD site from adjacent uses shall be included. Natural
amenities shall be used to the extent possible and supplemented by additional landscaping,
berms or other features as may be appropriate. Buffers shall be based on the type of uses
on and adjacent to the site, views, elevations and activities. Buffers may be included on the
landscape plan.
3. Tree Preservation Plan. A complete tree preservation plan consistent with the PUD
requirements and the preliminary PUD plan as approved by the City.
4. Landscape Plans. Complete landscaping plans showing vegetation to be removed,
vegetation to be retained and proposed vegetatio n. Plans shall include species, quantities,
planting methods and sizes. Within any specific PUD, the landscaping may be required to
exceed the City's policy on minimum landscape standards.
d. Final stormwater management plan. Complete plans for grading, drainage and erosion control
which meet the City's standards shall be submitted. The plan shall show hard surface calculations
by areas: buildings, private streets, driveways, parking lots, plazas, walks, trails, and all other
impervious surfaces.
e. Final utility plan.
f. Final building code analysis.
g. Final plat. Unless waived by the City, the applicant shall submit a final plat, as required by
Chapter 109, pertaining to subdivisions. The title of the plat must include the following "P.U.D.
No. _____" (the number to insert will be provided by the City).
h. Other items, if determined to be applicable:
1. Transportation and Parking Plan. A complete plan shall be submitted which includes:
(i) Proposed sidewalks and trails to provide access to the build ing, parking,
recreation and service areas within the proposed development and connection
to the City's system of walks and trails
(ii) Internal roads, if any
(iii) Driveways
(iv) Parking, including layout dimensions of spaces and aisles, total parking by use,
and a notation about striping/painting the spaces
(v) Off-street loading for business uses
(vi) A plan for snow storage and removal
(vii) A plan for maintenance of the facilities
(viii) A calculation of traffic projections by use with assignments to the roads, drives
and accesses serving the PUD, including existing traffic volumes for adjacent
streets using the most recent counts and/or based on the uses and trip
generation estimates; and
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(ix) A description of the alternatives and locations considered for access to the site
and the rationale used in selecting the proposed location, width and design of
streets, driveways and accesses.
2. Architectural Plans. The applicant shall submit architectural plans showing the floor plan
and elevations of all sides of the proposed buildings including exterior wall finishes
proposed for all principal and accessory buildings. Cross sections may be required.
3. Lighting Plan. Subject to the outdoor lighting requirements in this chapter.
4. Solid Waste Management and Recycling Plan. The applicant shall provide a refuse disposal
plan including provisions for storage and removal on a regular basis.
5. Dwelling Information. The applicant shall submit complete data as to dwelling unit number,
density net and gross, sizes, types, etc.
6. Life-Cycle and Affordable Housing. If the PUD includes "life-cycle" or affordable housing,
the applicant shall provide a narrative describing the housing, and the guarantees such as
covenants to be used to secure such housing and maintain long -term affordability.
7. Population. The applicant shall submit a population component which shall contain a
descriptive statement of the estimated population and population characteris tics.
8. Employees. If office, commercial, business, service firms or institutional uses are included in
the PUD, the estimated number of employees shall be included.
9. Schedule. The applicant shall submit a schedule and proposed staging, if any, of the
development.
(g) PUD Permit and Development Agreement. Following City Council approval of a final PUD plan, City staff shall
prepare both a PUD permit and a development agreement which reference all the approved plans and
specify permitted uses, allowable densities, development phasing, required improvements, neighborhood
communication plan if applicable, completion dates for improvements, letters of credit and other sureties,
and additional requirements for each PUD, in accordance with the conditions established in the City Council
approval of the final PUD plan and PUD ordinance. The PUD permit and development agreement shall be
signed by the applicant or property owner within 30 days of the City Council's approval of the permit and
agreement.
(h) Building Permit. Following approval of a final PUD plan and execution of the PUD permit and development
agreement, the City may grant building permits for proposed structures within the approved PUD area
provided the requested permit conforms to the final PUD plan, all provisions of the PUD ordinance, the PUD
permit, the development agreement and all other applicable City ordinances.
(i) Multiple Parcels. A PUD may be regulated by a single agreement which may include attachments. One or
more of the attachments may cover an individual lot. An applicant amending an approved PUD must show
that the proposed change does not adversely affect any other property owner, if any, in the PUD, the terms
of the final PUD plan, PUD permit, development agreement, and the i ntent and purpose provisions of
Subsection (a) of this section and other provisions of this section. A proposed amendment which does not
meet this requirement may be rejected by the City without review as would otherwise be required by this
section.
(j) Amendments. An application to amend an approved final PUD shall be reviewed by the City Manager or
his/her designee to determine whether the amendment qualifies as a major amendment, minor
amendment, or an administrative amendment.
(1) Administrative Amendments. An administrative amendment is reviewed and approved by City staff in
writing. To qualify for this review, the proposed amendment:
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a. Shall not qualify as a minor amendment or a major amendment
b. Shall not have a significant impact to surrounding land uses
c. Shall be consistent with the vision and guidance set forth in the Comprehensive Plan and the PUD
as it was originally approved
d. Shall be administrative in nature; and
e. May only include changes to the PUD that:
1. Change a utility plan
2. Change a landscaping plan
3. Change an interior building plan
4. Change an outdoor lighting plan
5. Change a grading/erosion control plan
6. Change an architectural elevation; and/or
7. Make other changes determined by the City Manager or his/her designee to be only
administrative in nature.
(2) Minor Amendments. A minor amendment shall be approved by a simple majority vote of the City
Council with or without referral to the Planning Commission. To qualify for this review, the proposed
amendment:
a. Shall not qualify as an administrative amendment or a major amen dment
b. Shall be consistent with the vision and guidance set forth in the Comprehensive Plan and the PUD
as it was originally approved; and
c. May only include changes to a PUD that:
1. Change land use to a use that is permitted in the underlying zonin g district
2. Increase the number of residential dwelling units by less than 10 percent
3. Demolish or add an accessory structure
4. Change a front yard, side yard, or rear yard setback that meets the minimum requirements
set forth in the underlying zoning district
5. Change the number of parking spaces that meets or exceeds the minimum off -street
parking requirements set forth in this chapter
6. Change parking lot configuration or design with no change in number of parking spaces
7. Increase impervious surfaces up to the maximum amount allowable in the underlying
zoning district
8. Change building coverage up to the maximum amount allowable in the underlying zoning
district
9. Increase gross floor area in any individual building by less than 10 perc ent
10. Significantly change architectural elevation plans in a way that alters the originally intended
function of the plans
11. Significantly change landscape plans in a way that alters the originally intended function of
the plans; and/or
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12. Make other changes that do not cause the amendment to be considered a major
amendment, as determined by the City Manager or his/her designee.
(3) Major Amendments. A major amendment shall be reviewed by Planning Commission and approved by
a simple majority vote of the City Council. To qualify for this review, the proposed amendment shall
not qualify as an administrative amendment or a minor amendment, and may include changes to a
PUD that:
a. Eliminate, diminish or are disruptive to the preservation and protection of sensitive site features
b. Eliminate, diminish or compromise the original intent and/or the high quality of site planning,
architectural design, landscape design, landscape materials, or building materials
c. Alter the location of buildings or roads
d. Increase the number of residential dwelling units by 10 percent or more
e. Introduce new uses
f. Demolish or add a principal structure
g. Change a front yard, side yard, or rear yard setback that does not meet minimum requirements
set forth in the underlying zoning district
h. Change the number of parking spaces causing the PUD to not meet the minimum off -street
parking requirements set forth in this chapter
i. Increase impervious surfaces above the maximum amount allowable in the underlying zoni ng
district
j. Change building coverage above the maximum amount allowable in the underlying zoning district
k. Increase the gross floor area of any individual building by 10 percent or more
l. Increase the number of stories of any building
m. Decrease the amount of open space by more than three percent or alter it in such a way as to
change its original design or intended function or use
n. Create noncompliance with any special condition attached to the approval of the final PUD plan;
and/or
o. Make other changes that do not cause the amendment to be considered an administrative
amendment or a minor amendment, as determined by the City Manager or his/her designee.
(k) Cancellation. A PUD shall only be cancelled and revoked upon the City Council's adoption of an ordinance
rescinding the ordinance approving the PUD.
(l) Administration.
(1) Deposit. The City may require the applicant to make funds available to cover fees for professional
services generated by the establishment or modification of the PUD.
(2) Records. The Physical Development Department shall maintain a record of all PUDs approved by the
City Council including information on the use, location, conditions imposed, time limits, review dates,
and such other information as may be appropriate. Each approved PUD shall be clearly noted on the
zoning map.
(3) Certification of Plans. The City may require that PUD plans be certified at the time of submittal and/or
upon completion of construction.
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(4) Time Limits. No application which was denied shall be re-submitted for a period of six months from the
date of denial.
(5) Letter of Credit. To ensure conformance to the final PUD plan, PUD permit, and development
agreement, the City may require the applicant to post a letter of credit in a form approved by the City,
guaranteeing the faithful performance of certain work or matters covered in the agreement and in a
sum equal to 150 percent of the total cost of all such items as determined by the Physical Development
Department. The letter of credit or other surety may be reduced when specific parts or items are
completed and upon recommendation of the Physical Development Department.
(6) 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; provided, however, that nothing herein shall be construed to create nonconforming lots,
building sites, buildings or uses by virtue of any such conveyance o f a lot, building site, building or part
of the development created pursuant to and in conformance with the approved PUD.
(Code 1988, § 11.55; Ord. No. 584, 2nd Series, 11 -26-2015; Ord. No. 631 , 2nd Series, §§ 6, 7, 3-6-2018)
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Sec. 113-124. I-394 Overlay Zoning District.
(a) Purpose. The I-394 Overlay Zoning District is intended to impose on all dense developments, which will
contain more than 0.6 square feet of gross floor area per square foot of land area within a lot or parcel in the
I-394 Corridor, with the condition that once the traffic generated at the Xenia/Park Place Interchange, the
Louisiana Avenue Interchange, and the General Mills Boulevard/Boone Avenue Interchange exceeds certain
levels of service, or the established reserve capacity, whichever is first, the developments will be required to
prepare and effectuate traffic management plans which will serve to reduce the traffic congestion, air and
noise pollution, and other environmental problems. This Overlay Zoning District does not prohibit
development, but, rather, permits development assuming appropriate traffic management plans are in place
and effect.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Area Covered: The area covered by the I-394 Overlay Zoning District is that portion of Zones A, B, and C lying
within the boundaries of Golden Valley. The overlay district is intended to supplement or overlay the existing
zoning of lots or parcels in the area covered, not to contradict or replace the existing zoning and
contemplates substantially completed and operational interchanges at I -394/Xenia-Vernon, I-394/Louisiana
Avenue and I-394/General Mills Boulevard-Boone Avenue in the communities of St. Louis Park and Golden
Valley. The City may restrict development below the projected reserve capacity or the traffic level of service,
if, in the exercise of its judgment, it deems it appropriate to do so.
General Mills Boulevard/Boone Avenue Interchange: The area in which General Mills Boulevard/Boone
Avenue crosses I-394 and the eastbound and westbound exit ramps intersect with them and the Boone
Avenue intersection with the frontage roads on the south side of I-394.
Gross Floor Area: The sum of the gross horizontal areas of the floor of such building measured from the
exterior faces and exterior ells or from the centerline of party walls separating two buildings. Basements
devoted to storage and space devoted to off-street parking shall not be included.
Level of Service A: Traffic moves freely. All waiting vehicles clear on every green interval. Low percentage of
stops on major movements (average delay per vehicle - five seconds).
Level of Service B: Traffic moves fairly freely. All waiting vehicles will still probably clear on each green
interval. Vehicles on the major movements can expect a less than 50 percent probability of stopping (average
delay per vehicle - 15 seconds).
Level of Service C: Traffic moves smoothly. Some minor movements may not completely clear on e very green
interval. Vehicles on the major movements can expect a greater than 50 percent probability of stopping
(average delay per vehicle - 25 seconds).
Level of Service D: An acceptable intersection operation for peak period flow. Many intersection movements
may not clear on every green interval. Some vehicles on the major movements may still go through the
intersection without having to stop (average delay per vehicle - 40 seconds).
Level of Service E: Unstable traffic flows. All intersection movements experience failure to clear on their
green intervals. No vehicles are able to go through the intersection without stopping (average delay per
vehicle - 60 seconds).
Level of Service F: Saturation condition. All vehicles must stop and all vehicles will probably require more
than one green interval to travel through the intersection (average delay per vehicle - 60 seconds).
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Louisiana Avenue Interchange: The area in which Louisiana Avenue crosses I-394 and the westbound and
eastbound exit and entrance ramps intersect with it and the Louisiana Avenue intersections with the
frontage roads on the north and south sides of I -394.
PM Peak Hour: The period of time between 4:00 p.m. and 6:00 p.m. on business days of the week.
Reserve Capacity: The amount of additional gross floor office area that may be constructed before an
intersection reaches a maximum acceptable traffic level of service. The total reserve ca pacity for the
Xenia/Vernon interchange is 2,230,000 square feet of office development which has been allocated 60
percent or 1,338,000 square feet to St. Louis Park and 40 percent or 892,000 square feet to Golden Valley.
The total reserve capacity for the Louisiana Avenue interchange is 1,575,000 square feet of office
development which has been allocated 10 percent or 157,500 square feet to St. Louis Park and 90 percent or
1,417,000 square feet to Golden Valley. The total reserve capacity for the General Mills Boulevard/Boone
Avenue interchange is 885,000 square feet of office development which has been allocated 100 percent to
Golden Valley.
Xenia/Vernon Interchange: The area in which Xenia and Vernon Avenues cross I-394 and the eastbound and
westbound exit and entrance ramps intersect with them and the Xenia/Vernon intersections with the
frontage roads on both the north and south sides of I-394.
Zone A: Is that part of the land lying in Golden Valley/St. Louis Park within the following described area:
Following the south line of Circle Downs easterly from the intersection of Turners Crossroad and Circle
Downs to State Highway 100; continue south along the westerly line of State Highway 100 to the
northerly line of Parkdale Drive and continuing in a westerly direction across Vernon Avenue to the
intersection of Cedar Lake Road; continue in a northwesterly direction on the north line of Cedar Lake
Road to the intersection of Zarthan Avenue; continue along the east line of Zarthan Avenue North to
the intersection of 16th Street West; continue west along the north line of 16th Street West to the east
line of the Minneapolis, Northfield & Southern Railway right -of-way (except that portion which
contains Interstate 394); continue northeasterly along the east line of the Minneapolis, Northfield &
Southern Railway right-of-way to the east line of Laurel Avenue; continue east along the southerly line
of Laurel Avenue to the intersection of Turners Crossroad and continue south on the westerly line of
Turners Crossroad to the intersection of Circle Downs, the point of beginning.
Zone B: Is that part of the land lying in Golden Valley/St. Louis Park within the following described area:
Following the south line of Laurel Avenue east from the intersection of Winnetka Av enue and Laurel
Avenue; continue on the southerly line of Laurel Avenue east to the westerly line of the Minneapolis,
Northfield and Southern Railway right-of-way; continue in a southwesterly direction along the westerly
line of the railway right-of-way (except that portion which crosses Interstate 394) to the intersection of
16th Street West; continue on the northerly line of 16th Street West westerly in a straight line to the
east line of Hampshire Avenue; continue on the west line of Hampshire Avenue nor th to the
intersection with 14th Street West; continue on the northerly line of 14th Street West to the
intersection with Pennsylvania Avenue; continue on the easterly line of Pennsylvania Avenue north to
the intersection with 13½ Street West; continue on the northerly line of 13½ Street West to the
intersection of Rhode Island Avenue; continue on the easterly line of Rhode Island Avenue north to the
intersection of 13th Avenue; continue on the north line of 13th Avenue west to the intersection with
Texas Avenue; continue on the easterly line of Texas Avenue north to its intersection with Interstate
394; continue on the northerly line of Interstate 394 west to the intersection of Winnetka Avenue
South; continue on the easterly line of Winnetka Avenue South n orth to the intersection of Laurel
Avenue, the point of beginning.
Zone C: Is that part of the land lying in Golden Valley/St. Louis Park within the following described area:
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Following the south line of Betty Crocker Drive east from the intersection of U.S. Highway 169 and
Betty Crocker Drive to the intersection with General Mills Boulevard; continue on the west line of
General Mills Boulevard south to the northerly line of Section 6, Township 117, Range 21; continue
east on the northerly line of Section 6, Township 117, Range 21 to the intersection with Winnetka
Avenue South; continue on the centerline of Winnetka Avenue South south (except that portion which
crosses Interstate 394) extended to the boundary line of the Cities of Golden Valley and St. Loui s Park;
continue on said boundary line west to the east line of U.S. Highway 169 continue on the east line of
U.S. Highway 169 north (except that portion which crosses Interstate 394) to the intersection with
Betty Crocker Drive, the point of beginning.
(c) Imposition of Conditions.
(1) All developments in the area covered by this overlay district which will contain more than 0.6 square
feet of gross floor area per each square foot of land area within a lot or parcel shall obtain a conditional
use permit or planned unit development permit in conformance with the terms of this section.
(2) In addition to the other land use requirements of the City Code, the conditional use permit or planned
unit development permit shall include and be subject to the followi ng conditions:
a. For all parcels located within Zone A, each time the traffic generated for one hour during the p.m.
peak hour three days out of five consecutive business days exceeds Level of Service E at more
than half of the intersections within the Xenia/Vernon interchange (effective after the
interchange is substantially completed and operational), or once the reserve capacity allocated to
the City for this interchange has been used, whichever is first, the owner shall implement an
original or revised traffic management plan. The traffic management plan initially shall be
prepared when the traffic generated for one hour during the p.m. peak hour three days out of
five consecutive business days reaches Level of Service E at more than half of the inters ections of
the Xenia/Vernon interchange (effective after the interchange is substantially completed and
operational). It shall be designed to reduce the traffic generated by or from the parcel by a
percentage which, in conjunction with the other parcels in the zone, will accommodate Level of
Service E at the p.m. peak hour (or keep it within the City's allocable portion of the reserve
capacity, if that applies), given the p.m. peak hour trips assumed to be generated by the parcel
based on the table in Subsection (c)(4) of this section. The owner shall submit the traffic
management plan to the Joint Task Force which shall review and approve all traffic management
plans before they may be implemented.
b. For all parcels located within Zone B. each time the traffic generated for one hour during the p.m.
peak hour three days out of five consecutive business days exceeds Level of Service D at more
than half of the intersections within the Louisiana Avenue interchange (effective after the
interchange is substantially completed and operational), or once the reserve capacity allocated to
the City for this interchange has been used, whichever is first, the owner shall implement an
original or revised traffic management plan. The traffic management plan initially shall be
prepared when the traffic generated for one hour during the p.m. peak hour three days out of
five consecutive business days reaches Level of Service D at more than half of the intersections of
the Louisiana Avenue interchange (effective after the interchange is substantially completed and
operational). It shall be designed to reduce the traffic generated by or from the parcel by a
percentage which, in conjunction with the other parcels in the zone, will accommodate Level of
Service D at the p.m. peak hour (or keep it within the City's allocable portion of the reserve
capacity, if that applies) given the p.m. peak hour trips assumed to be generated by the parcel
based on the table in Subsection (c)(4) of this section. The owner shall submit the traffic
management plan to the Joint Task Force which shall review and approve all traffic management
plans before they may be implemented.
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c. For all parcels located within Zone C, each time the traffic generated for one hour during the p.m.
peak hour three days out of five consecutive business days exceeds Level of Service E at more
than half of the intersections within the General Mills Boulevard/Boone Avenue interchange
(effective after the interchange is substantially completed and operational), or once the res erve
capacity allocated to the City for this interchange has been used, whichever is first, the owner
shall implement an original or revised traffic management plan. The traffic management plan
initially shall be prepared when the traffic generated for one hour during the p.m. peak hour
three days out of five consecutive business days reaches Level of Service E at more than half of
the intersections of the General Mills/Boone Avenue interchange (effective after the interchange
is substantially completed and operational). It shall be designed to reduce the traffic generated
by or from the parcel by a percentage which, in conjunction with the other parcels in the zone,
will accommodate Level of Service E at the p.m. peak hour (or keep it within the City's allocable
portion of the reserve capacity, if that applies) given the p.m. peak hour trips assumed to be
generated by the parcel based on the table in Subsection (c)(4) of this section. The owner shall
submit the traffic management plan to the Joint Task Force which shall review and approve all
traffic management plans before they may be implemented.
d. Each development containing more than 0.6 square feet of gross floor area per each square foot
of land area within a lot or parcel within one of the three zones shall monitor the traffic
generated by it, the locations and times to be determined by the Joint Task Force, and it shall
supply such traffic volume figures to the Joint Task Force. Each planning department will publish
those figures yearly. The Joint Task Force shall determine the acceptable methods of measuring
traffic volumes, the acceptability of persons or firms undertaking it and all other reasonable
requirements in connection therewith.
(3) Each developer or owner of a parcel who leases part of th e parcel, or part of a building thereon, to one
or more tenants shall include the following in each lease:
The Cities of Golden Valley and St. Louis Park have established an I -394 Traffic Zoning Ordinance. It will
require traffic management plans for traffic generated by this and certain adjacent developments
when certain conditions occur. Under such conditions it will restrict traffic generated by these
developments. The plan is intended to promote improved traffic circulation and reduce pollution and
congestion, particularly during peak times, for all users of City streets. The traffic management plans
prepared by the owners may require the use of rideshare incentive programs, public transit incentives,
bicycle and pedestrian incentive measures, variable work hours or flex-time programs under which
employees are required to stagger their work hours, measures to reduce reliance on single -occupant
vehicles, shared parking and the like. A copy of the complete ordinance may be obtained by calling the
City offices of Golden Valley or St. Louis Park.
(4) Trip generation rates table.
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I-394 CORRIDOR TRAFFIC STUDY
TRIP GENERATION RATES SOURCE/COMPARISON
PM Peak Hour Trip Generation Rates
I.T.E (1982) BRW/MC SRF/MNTKA SRF/G.V.-S.L.P. I.T.E (1987)
Land Use Type Unit In Out In Out In Out In Out In Out
Res. Single Fam. D.U. 0.63 0.37 - - 0.63 0.37 0.63 0.37 0.63 0.37
Res. Mid-Density D.U. 0.32 0.19 0.63 0.38 0.50 0.30 0.50 0.30 0.41 0.21
Res. High-Density D.U. 0.44 0.26 0.66 0.38 0.38 0.22 0.38 0.22 0.32 0.17
Office <200 K.S.F. 1,000 SF 0.44 1.76 0.37 1.49 0.44 1.76 0.44 1.76 0.31* 1.66*
Office >200 K.S.F. 1,000 SF 0.44 1.76 0.37 1.49 0.24 1.76 0.24 1.76 0.24 1.26*
Retail <200 K.S.F. 1,000 SF 2.85 3.05 2.98 3.18 2.96 3.15 2.96 3.15 4.17* 4.52*
Retail >200 K.S.F. 1,000 SF 2.11 2.69 2.61 3.32 1.62 2.06 1.62 2.06 1.69* 1.84*
Industrial 1,000 SF 0.35 0.70 - - 0.32 0.63 0.32 0.63 0.20 0.77
Restaurant 1,000 SF 3.79 2.35 1.16 0.71 2.74 1.69 2.74 1.69 5.00 2.25
Hotel/motel Room 0.36 0.37 0.51 0.52 0.51 0.52 0.32 0.33 0.37 0.24
Entertainment club 1,000 SF 0.73 0.77 - - 0.73 0.77 0.73 0.77 0.74 0.78
Golf course Acre 0.08 0.31 - - - - 0.24 0.45 0.03 0.35
Nursing home Bed 0.05 0.16 - - 0.05 0.16 0.32 0.33 0.05 0.16
Service commercial 1,000 SF - - - - 2.35 2.12 - - - -
Retail >1,000 K.S.F. 1,000 SF 1.40 1.90 1.04 1.10 1.12 1.18 - - 1.39 1.51
Mid rate in new (1987) I.T.E. range between 10—200 K.G.S.F. and 300—1,000 K.G.S.F.
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(d) Owner Requirement. Each development on a parcel which is required to have a traffic management plan by
the terms of this section shall manage the traffic it generates in such a way as to substantially meet the
terms of the traffic management plan for that parcel.
(e) Traffic Management Plan. In addition to being approved by the Joint Task Force, the initial traffic
management plan shall be reviewed by the other City planning agencies and approved by the City Council as
part of the regular conditional or planned use approval process. It shall utilize the appropriate techniques
available to reduce the p.m. peak hour traffic generated by the parcel, including, but not limited to:
(1) Ride sharing incentive programs which may include activities to encourage and assist the formation of
car, van, and bus pools, such as cash payments or subsidies and preferential parking charges and
parking space location, and other analogous incentive pro grams.
(2) Public transit incentive programs which may include the provision of para -transit services to and from
convenient public transit sites and to accommodate mid -day and evening excursions, the constructing
of transit shelters and amenities, the construction of bus/rail transit stations and related facilities, the
dedication of land and the provision of other subsidies for the construction and operation of public
transit facilities, the provision of transit fare media subsidies and marketing programs, and the
provision of other analogous incentive programs.
(3) Recommended improvements in public transit which services the site of the proposed use, such as
changes in service routes, increases in the frequency of service, alternations in the location of facilities,
the establishment of fare incentive programs and other measures designed to make public transit
more accessible to occupants of the proposed use.
(4) Bicycle and pedestrian incentive measures which may include the provision of bicycle parki ng and
storage facilities, the construction and extension of bicycle paths and pedestrian walkways, the
provision of shower and locker facilities and similar incentive features.
(5) In the case of office and industrial uses, variable work hours, or flex t ime, programs under which
employees working at the proposed use will stagger their work hours in order to effect a reduction in
the amount of peak period traffic to and/or from the use which would otherwise occur.
(6) Measures to reduce the reliance on single-occupancy vehicles by employees and others who will travel
to and from the proposed use which may include parking fee structures tailored to discourage single -
occupancy vehicles, proscription of tenant-employer subsidy of parking costs for single-occupancy
vehicles, time and other access restrictions to parking spaces in on-site parking facilities, and programs
to support and encourage the utilization of alternative transportation modes.
(7) Use and accessory use design options which reduce reliance on single-occupancy vehicles by
employees and others who will travel to and from the proposed use, such as the provision of less
parking area than that required under the provisions this chapter, shared parking arrangements, the
incorporation of residential units (in the case of proposed commercial uses) and other analogous
design features.
(8) Any other technique or combination of techniques capable of reducing the traffic and related impacts
of the proposed use.
(f) Nonconforming Traffic Generation Uses. Nonconforming traffic generation uses means all uses within the
area covered by this section which existed or had approved land use and building permits in place before the
effective date of the ordinance from which this section is derived. If a nonconfor ming traffic generation use
exceeds more than 0.6 square feet of gross floor area per each square foot of land area within a lot or parcel,
it may not be altered or modified unless it conforms to the terms of this section.
(g) Joint Task Force. The Joint Task Force shall consist of eight members: two elected officials from each city,
each city manager and a staff member appointed by the city manager from each city. The Joint Task Force's
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function shall be to periodically monitor the traffic generation and air pollution in Zones A, B, and C and to
review traffic management plans so as to ensure their compliance with the intent and purpose of this
section. It also shall adopt and promulgate rules of procedure. If the Joint Task Force deadlocks, the issue or
matter shall be submitted first to mediation under the Rules of the American Arbitration Association.
Thereafter, upon agreement of the parties, the issue or matter may be submitted under the Rules of the
American Arbitration Association to binding arbitration by a single arbitrator chosen by the parties, or if they
cannot agree, by the County District Court. The arbitration shall proceed under the Rules of the American
Arbitration Association.
(h) Traffic Management Fees and Assessments. Under the authority in Minn. Stats. § 462.353, subd. 4, each
owner of a parcel or development subject to the terms of this section shall pay a traffic management
administrative fee of $0.10 per square foot of gross floor area. Fifty percent of the fee shall be paid at the
time such owner applies for a conditional use permit or planned unit development permit for such
development and 50 percent of the fee shall be paid at the time such owner applies for a building permit
therefor. The fees shall be collected by the City and deposited as a separate fund under the authority of the
Joint Task Force. The fund will be used by the Joint Task Force only for its costs incurred in reviewing,
investigating and administering traffic management plans under this section. Should the costs o f
administering and enforcing this section require it, the City reserves the right to periodically assess such costs
to the parcels within the area covered. The City also reserves the right to periodically assess the parcels
within the respective areas for the costs involved in implementing capital improvements designed to reduce
traffic congestion, facilitate transit use, and implement traffic management plans in the vicinity of Xenia/Park
Place Boulevard and I-394, Louisiana Avenue and I-394, and Boone Avenue and I-394.
(Code 1988, § 11.56; Ord. No. 13, 2nd Series, 3-22-1989; Ord. No. 174, 2nd Series, 11-27-1997)
Sec. 113-125. Floodplain Management Overlay Zoning District.
(a) Purpose.
(1) It is found and determined by the City Council that the lands within the floodplains of Bassett Creek
and its tributaries are an invaluable land resource; that lands within the floodplain are or may be
subject to loss or imprudent alteration through uncoordinated and unplanned development; that the
proper management of development of such lands is essential to avoid rapid runoff of surface waters,
to preserve adequate groundwater infiltration, to protect surface waters, to prevent pollution of the
City's water bodies, to minimize periodic flooding resulting in loss of life and property, to prevent
interruption of governmental services and extraordinary public expenditures, and to control runoff and
impairment of the tax base, all of which adversely affect the public health, safety and welfare; and that
development within the floodplain must be regulated on the basis of and with proper consideration of
the impact on Bassett Creek and other water bodies in the City.
(2) It is the purpose of this section to guide and regulate the orderly development of land within the
floodplain by establishing a system of management of the floodplain. It is further the i ntent of this
section to promote a uniform Floodplain Management Program, consistent with the needs of
individual cities having lands within the floodplain, to maximize the coordinated efforts of all members
of the Bassett Creek Watershed Management Commission (BCWMC) in floodplain management, and to
secure for the benefit of the citizens of the City the benefits of the National Flood Insurance Act of
1968 as amended.
(3) This section is enacted pursuant to Minn. Stats. ch. 103F, and is in conformance with the Management
Plan for the BCWMC.
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(4) In addition to the foregoing, the ordinance from which this section is derived is adopted to comply with
the rules and regulations of the National Flood Insurance Program, codified as 44 CFR 59 —78, as
amended, so as to maintain the City's eligibility in the National Flood Insurance Program.
(5) This section is also intended to preserve the natural characteristics and functions of watercourses and
floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil
erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic
benefits and enhance community and economic development.
(b) District Established.
(1) This section applies to all lands within the jurisdiction of the City shown on the Official Zoning Map
and/or the attachments to the map as being located within the boundaries of the floodplain, and such
area shall be referred to as the "floodplain management district." The floodplain managemen t district
is an overlay district that is superimposed on all existing zoning districts. The standards imposed in the
overlay district are in addition to any other requirements in this chapter. In case of a conflict between
this section and any other section of the City Code, the more restrictive standards will apply.
(2) The floodplain management district includes those areas within Zone AE or Zone A as shown on the
flood insurance rate map adopted in this section.
(3) Base flood elevations for regional flood events are determined by referencing the flood insurance
study, referred to below, and hydraulic models developed and maintained by the BCWMC. This
method of identifying flood hazard areas is consistent with the standards established by the State
Department of Natural Resources.
(4) Where a conflict exists between the floodplain limits illustrated on the Official Zoning Map and actual
field conditions, the flood elevations shall be the determining factor. The Administrator shall interpret
the boundary location based on the ground elevations that existed on the site on the date of the first
National Flood Insurance Program map showing the area within the regulatory floodplain, and other
available technical data.
(5) The official flood zone profile and map are hereby adopted by reference and made a part of this
section. The profile and map are on file in the City's Physical Development Department, and are open
to inspection by the public during normal business hours of the City.
(6) The official boundaries of the floodplain zone shall be determined on the basis of the criteria set forth
above. Copies of the flood insurance rate maps, adopted in this section, indicating the location of the
floodplain zones, shall be on file in the City offices for informational purposes. The following maps
together with all attached material are hereby adopted by reference and declared to be a part of the
Official Zoning Map and this section. The attached material includes the Flood Insurance Study for
Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016, and the Flood
Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal
Emergency Management Agency. These materials are on file in the City's Physical Developme nt
Department.
Effective Flood Insurance Rate Map panels:
27053C0194F
27053C0213F
27053C0214F
27053C0332F
27053C0351F
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27053C0352F
27053C0354F
(c) Definitions. The following words, terms and phrases, when used in this section, shall have the meanin gs
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
100-Year Floodplain: Lands inundated by a regional flood.
Administrator: The City Manager or his/her designee, who in consultation with the City Engineer, the
technical advisors of the BCWMC, and other staff or outside technical experts as necessary, shall be
responsible for discharging the administrative duties entailed by this section.
BCWMC: The Bassett Creek Watershed Management Commission.
Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year. This is
the regulatory standard also referred to as the "100-year flood." The base flood is the national standard used
by the National Flood Insurance Program (NFIP) and all Federal agencies for the purposes of requiring the
purchase of flood insurance and regulating new development. Base flood elevations (BFEs) are typically
shown on flood insurance rate maps (FIRMs).
Base Flood Elevation: The elevation of the regional flood. The term "base flood elevation" is used in the flood
insurance survey.
Basement: Any area of a structure, including crawl spaces having a floor or base subgrade (below ground
level) on all four sides, regardless of the depth of excavation below gro und level.
DNR Commissioner: The Commissioner of the State Department of Natural Resources.
Development: Any manmade change to improved or unimproved real estate, including buildings or other
structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials.
Fill: Any material or combination of materials used in filling.
Filling: The artificial depositing upon any parcel of property of any soil, rock, rubble, mulch, vegetation or
similar materials except for the depositing of any such materials in localized depressions for the sole purpose
of landscaping, and except for the deposition of top soil on any particular parcel for the sole purpose of
either gardening or landscaping. It shall be the duty of the Administrator to determine whether such
deposition of materials falls within one of the exceptions as outlined.
Flood Fringe: That portion of the floodplain located outside of the floodway. The flood fringe shall include
those Zone AE areas outside of the floodway as shown on the flood insurance rate map panels adopted in
Subsection (b)(6) of this section. For lakes, wetlands and other basins that do not have a floodway
delineated, the flood fringe also includes those areas below the one percent annual chance 100-year flood
elevation but above the ordinary high water level as defined in Minn. Stats. § 103G.005, subd. 14. For those
Zone A and Zone AE areas as shown on the flood insurance rate map panels adopted in Subsection (b)(6) of
this section, where floodway/flood fringe boundaries are not shown in Zone A or Zone AE, an applicant for a
special permit in the floodplain must meet the provisions of Subsection (d) of this section.
Flood Insurance Rate Map (FIRM): An official map on which the Federal Insurance Administrator has
delineated both the special hazard areas and the risk premium zones applicable to the City. A FIRM that has
been made available digitally is called a digital flood insurance rate map (DFIRM).
Floodprone Area: Any land susceptible to being inundated by water from any source.
Floodproofing: A combination of structural provisions, changes, or adjustments to properties and structures
subject to flooding, primarily for the reduction or elimination of flood damages.
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Floodplain: Those areas within the City which include the beds proper and the areas adjoining Bassett Creek
or its tributaries which have been or hereafter may be covered by a regional flood. The floodplain shall be
further divided into the floodway and the flood fringe.
Floodplain Management District: The district established by and defined in Subsection (b) of this section.
Floodway: The channels of Bassett Creek and its tributaries plus those portions of the floodplain which are
required to convey the regional flood discharge and store the runoff from the regional flood. The floodway
shall include those floodway areas as shown on the flood insurance rate map panels adopted in Subsection
(b)(6) of this section. For those Zone A and Zone AE areas as shown on the flood insurance rate map panels
adopted in Subsection (b)(6) of this section, where the floodway/flood fringe boundaries are not shown, an
applicant for a special permit in the floodplain must meet the provisions of Subsection (d) of this section.
Lowest Floor: The lowest floor on the lowest enclosed area (including basement). An unfinished or flood -
resistant enclosure, used solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
New Construction: Structures, including additions and improvements for which the start of construction
commenced on or after the effective date of the ordinance from which this section is derived, or the
effective date of applicable amendments to this section.
Obstruction: Any storage or placement of material or equipment, any dam, wall, wharf, emb ankment, levee,
road, dike, pile, object, abutment, projection, excavation, channel rectification, culvert, conduit, pipe,
building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure or matter in,
along, across, or projecting, in whole or in part, into any floodplain.
Official Flood Zone Profile and Map: The collection of flood profiles contained in the Flood Insurance Study,
Volumes 1 of 2 and 2 of 2, Hennepin County, Minnesota, all jurisdictions, dated November 4, 2016, including
the Flood Insurance Rate Maps for the City of Golden Valley, panels 27053C0194F, 27053C0213F,
27053C0214F, 27053C0332F, 27053C0351F, 27053C0352F and 27053C0354F, dated November 4, 2016.
Reach: A hydraulic engineering term used to describe a longitudinal segment of a stream or river influenced
by a natural or manmade obstruction. For example, the segment of a stream or river between two
consecutive bridges would constitute a reach.
Recreational Vehicle: A vehicle that is built on a single chassis, is 400 square feet or less when measured at
the largest horizontal projection, is designed to be self-propelled or is permanently towable by a light-duty
truck, and is designed primarily not for use as a permanent dwelling, but as a temporary livin g quarters for
recreational, camping, travel or seasonal use. For the purposes of this section, the term "recreational
vehicle" shall be synonymous with the term "travel trailer/travel vehicle."
Regional Flood: A flood which is representative of large floods known to have occurred generally in the State,
and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of
the one percent chance or 100-year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
Regulatory Flood Protection Elevation or RFPE: An elevation not less than two feet above the elevation of the
regional flood. It is the elevation to which uses regulated by this section are required to be ele vated or flood-
proofed.
Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a 10-year
period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25
percent of the market value of the structure immediately before the damage occurred.
Special Flood Hazard Area: A term used for flood insurance purposes synonymous with "100-year
floodplain."
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Special Permit: For the purposes of this section, a City stormwater management permit meeting the
requirements for a special permit under this section and for a permit under Chapter 107, pertaining to
stormwater management, and, as may be required by the Administrator, the approval of the BCWMC and
DNR Commissioner.
Structure: Anything that is built or constructed, an edifice or building of any kind, or some piece of work
artificially built up or composed of parts joined together in some definite manner, whether of a temporary or
permanent character.
Substantial Damage: Damage of any origin sustained by a structure where the cost of restoring the structure
to its condition prior to the damage would equal or exceed 50 percent of the market value of the structure
immediately before the damage occurred.
Substantial Improvement: Within any consecutive 365-day period, any reconstruction, rehabilitation (including
normal maintenance and repair), repair after damage, addition or other improvement of a structure, the cost of
which exceeds 50 percent of the market value of the structure immediately before the start of construction of the
improvement. The term "substantial improvement" includes structures that have incurred "substantial damage,"
regardless of the actual repair work performed. The term "substantial improvement" does not, however, include
either:
(1) Any project for improvement of a structure to correct existing violations of State or local health,
sanitary or safety code specifications which have been identified by the local code enforcement
official, and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure, provided that the alteration will not preclude the
structure's continued designation as a historic structure. For the purposes of this section, the
term "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1.
(d) General Rules and Prohibitions Affecting Uses.
(1) No existing land use, obstruction, or structure within the floodplain shall be altered in size or scope,
except in accordance with the provisions of this section.
(2) No temporary or permanent structure, dredge spoil site, sand and gravel operation, fill for driveways,
roads, levees or other purposes; and no deposit, obstruction, or storage of material or equipment or
other use shall be permitted, which acting alone or in combination with existing or anticipated uses,
would adversely affect the efficiency or the capacity of the floodplain or the floodplain elevation or
flood damages.
(3) In connection with any proposed activity or development, or placement of an obstruction in the
floodplain, there must be no net loss in floodplain storage and no increase in floodplain elevations
consistent with the BCWMC watershed management plan and policies, as may be amended from time
to time.
(4) No use shall be permitted by right or by special permit unless the proposed use conforms to the land
use plans and underlying zoning requirements of the City and the watershed management plan and
goals and policies of the BCWMC.
(5) Permit required. A permit issued by the Administrator in conformity with the provisions of this section
shall be secured prior to the erection, addition, modification, rehabilitation (including normal
maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or
change of use of a building, structure or land; prior to the construction of a dam or fence; prior to the
change, replacement or extension of a nonconforming use or nonconforming structure; prior to the
repair of a structure that has been damaged by flood, fire, tornado or any other source; and prior to
the placement of fill, excavation of materials or the storage of materials or equipment within the
floodplain.
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(e) Uses Permitted By Right. Provided that such uses shall not adversely affect the efficiency or restrict the
capacity of the channels or floodways of any tributary to the main stream or other drainage facility or
system, the following uses are permitted in the floodplain to the extent that they are not prohibited by any
other City Code provision and provided they do not involve structures, fill, fences, dams, storage of materials
or equipment.
(1) Private and public open space or recreational uses, such as golf courses, tennis courts, driving ranges,
archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife habitat, trails,
nature preserves and fishing areas.
(2) Residential lawns, gardens, parking areas, and play areas.
(3) Nonresidential parking areas, provided the following provisions are met:
a. Any facility that will be used by employees or the general public must be designed with a flood
warning system that provides adequate time for evacuation if the area is inundated to a depth
and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional one percent chance flood; and
b. Vegetated buffers meeting City requirements must be established around wetlands, streams, and
water bodies.
(4) Signs and signals delineating or accessory to parks, trails and other permitted uses as described above
in this subsection (e).
(5) Recreational vehicles are allowed on individual lots of record if they meet the criteria listed in
Subsections (e)(5)a through c of this section, and provided further that there will be no additions
attached to the recreational vehicle, and no development placed on the parcel of land that would
hinder the removal of the recreational vehicle from the site should flooding occur. The recreational
vehicle must:
a. Have current licenses required for highway use.
b. Be highway ready, meaning on wheels or the internal jacking system; be attached to the site only
by quick-disconnect type utilities commonly used in campgrounds and recreational vehicle parks;
and must not have any permanent structural type additions attached to it.
c. Be permissible in any preexisting, underlying zoning district.
(f) Special Permits.
(1) The following uses may be introduced into the floodplain upon the issuance of a special permit in
accordance with the provisions of this section:
a. Filling may be undertaken provided:
1. That the filling is only in the flood fringe portion of the floodplain or in Zone A areas and
Zone AE areas where a floodway has not been designated on the flood insurance rate map
2. The requirements of Subsection (d) of this section are met; and
3. That:
(i) All fill materials deposited or stored in the floodplain shall be protected from
erosion by vegetative cover, mulching, riprap or other acceptable method,
consistent with and in compliance with Subsection (d) of this section and
Chapter 107, pertaining to stormwater management. All materials or
equipment must be stored outside the floodway, but within the flood fringe,
and shall be elevated on fill to the RFPE.
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(ii) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway.
b. Nonconformities that are in existence in the floodplain on the effective date of the ordinance
from which this section is derived, or the effective date of applicable amendments to this section,
may be redeveloped, altered, enlarged, or reconstructed upon issuance of a special permit,
provided that the requirements of Subsection (k) of this section are met and the structure either
is located in the flood fringe portion of the floodplain; or for Zone A areas and Zone AE areas
where a floodway has not been designated, and is located in an area where any encroachment
caused would be consistent with the criteria in Subsection (d) of this section. No permit shall be
granted for the redevelopment of a parcel of land or for the alteration (except by removal),
enlargement, replacement or reconstruction of any nonconforming structure or obstruction
within the floodway or Zone A or Zone AE areas where a floodway has not been designated not
meeting the criteria of Subsection (d) of this section.
c. Structural works for flood control such as dams, levees, dikes and floodwalls may be erected
consistent with the criteria in Subsection (d) of this section. The modification and additions to
such works shall assure that the work will provide a means of decreasing flood damage potential
in the area.
d. Public utilities, railroad tracks, streets and bridges may be located provided they are designed to
minimize impacts within the floodplain, and are compatible with the Watershed Management
Plan of the BCWMC. These uses can cause no increase in stage to the 100-year flood within the
floodplain. Protection to the RFPE shall be provided where failure or interruption of these public
facilities would endanger the public health or safety or where such facilities are essential to the
orderly functioning of the area. Where failure or interruption of service would not endanger life
or health, a lesser degree of protection may be provided for minor or auxiliary roads, railroads or
utilities.
e. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be
located in the floodplain shall be floodproofed in accordance with the State Building Code or
elevated to above the RFPE. New or replacement utilities and facilities must be designed and
constructed to minimize or eliminate infiltration.
f. Any on-site water supply or sewage treatment system to be replaced in the floodplain must be
connected to the municipal water supply and sewage treatment system, respectively.
(2) Applications for special permits shall be made to the Administrator by the owner of the land involved.
Five copies of all submittal materials shall be provided. The application shall be accompanied by a fee
in an amount determined by ordinance of the City Council, and shall include the following information:
a. When determined necessary by the Administrator, a report, prepared or signed by a licensed
professional engineer, detailing the results of computer modeling of the impact of the proposed
structure or obstruction on the floodplain. Information that must be presented in this report shall
include, but not necessarily be limited to: a statement of whether, and to what extent, the
proposed structure or obstruction lies within the flood fringe or floodway; a quantificatio n of any
expected change in floodplain elevations due to the proposed structure or obstruction; a
quantification of the expected impacts of any change in floodplain elevations on any upstream or
adjacent property; and an explanation of any alternative cons truction options that have been
investigated. The computer modeling shall assume that there will be an equal degree of
encroachment on both sides of the stream extending for a significant reach. The computer
modeling must be submitted in a format compatible with the hardware and software used by the
City.
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b. Plans and specifications prepared by a State-licensed professional land surveyor or engineer,
showing: the nature, location, dimensions, and elevation of the lot or plot and existing and
proposed structures or obstructions; the relationship of the lot or plot and existing and proposed
structures or obstructions to the location of the channel; surface water drainage plans; cross
sections of the floodplain on both sides of the streambed; and longitudinal profiles of the
streambed at sufficient intervals to determine the impact of the proposed structure or
obstruction.
c. Plans and specifications prepared by a licensed professional architect or engineer, showing:
details of construction and materials, floodproofing, filling, dredging, grading, channel
improvement, storage of materials, water supply (including withdrawal and discharge of
groundwater and surface water), and sanitary facilities.
d. Statement of the private and public benefits anticipated from the proposed structure or
obstruction, and any hardship that may be imposed if the application is denied.
(3) The review process shall consist of the following steps:
a. Upon receipt of a fully completed application, it shall be forwarded first to the City Engineer. The
City Engineer or a designated technical assistant shall be responsible for analyzing the
information submitted to determine whether the subject property is located in the Floodway or
Flood Fringe or is consistent with Subsection (d) of this section. The City Engineer may
recommend a provisional approval to be finalized after review by the DNR Commissioner and the
BCWMC, may request additional information from the applicant in order to complete the
analysis, may request that the applicant modify the plans in order to achieve an acceptable
outcome, or may deny the application on the grounds of unacceptable location or unacceptable
increase in flood heights or flood damages.
b. If the application is provisionally recommended for approval by t he City Engineer, the
Administrator shall within five business days submit two copies of the application and the City
Engineer's report to the BCWMC, allowing an interval of up to 60 days for review and comment.
Another copy shall be submitted to the DNR Commissioner for review and comment, with a
minimum interval of 10 business days being allowed for such review and comment in addition to
any time necessary for the actual transmittal of the application between offices.
c. After receiving the comments of both the DNR Commissioner and the BCWMC, the Administrator
shall route them, if necessary, back to the City Engineer, who shall repeat as much of Subsection
(f)(3)a of this section as necessary in order to either deny the application or to recommend its
approval. If the application is recommended for approval by the City Engineer, then the
Administrator shall review the entire file for the application, including the comments submitted
by all reviewing parties, and shall prepare and issue a permit containing all such conditions
regulating the construction of the proposed structure or obstruction as may be deemed
necessary to carry out the purposes of this section. The permit shall be fully executed within 15
business days of the receipt of the last set of comments or recommendations. A copy of the
approved special permit shall be forwarded by mail to the DNR Commissioner within 10 days of
issuance.
d. If at any point in the application process the report of the City Engineer is that the application
must be denied, then the Administrator shall, within five business days of receiving the report of
the City Engineer, prepare and forward to the applicant a letter explaining that the application is
denied and outlining all reasons for the denial. Once an application has been denied, it may not
be resubmitted in substantially the same form for a period of at least six months following the
date of the Administrator's letter of explanation.
(g) Variances; Board of Zoning Appeals.
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(1) The Board of Zoning Appeals shall hear and decide all appeals where it is alleged that there is an error
in any order, requirement, decision or determination made by an administrative officer in the
enforcement of this section. The Board shall hear all such interpretive appeals and all appeals for
variances from the strict application of the terms of this section in the same manner and under the
same standard as it hears and decides appeals under Section 113-27, except as otherwise provided for
herein.
(2) Any variance shall include conditions that assure compliance with the requirements of this section
insofar as practical.
(3) Notwithstanding anything to the contrary in this chapter, a variance may not:
a. Allow a use that is not allowed in the floodplain management district
b. Permit a lower degree of flood protection than the regulatory flood protection elevation for the
particular area
c. Permit standards lower than those required by State law
d. Permit an increase in the flood hazard or flood damage potential
e. Permit a lower degree of flood protection than the flood protection elevation established by this
section; or
f. Be inconsistent with the purpose and intent of this section.
(4) Notwithstanding anything to the contrary in this chapter, for any variance, the following additional
criteria of the Federal Emergency Management Agency (FEMA) must be satisfied:
a. Variances shall not be issued within any designated regulatory floodway if any increase in flood
levels during the base flood discharge would result.
b. Variances shall only be issued upon:
1. A showing of good and sufficient cause
2. A determination that failure to grant the variance would result in exceptional hardship to
the applicant; and
3. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or ordinances.
c. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(5) Notwithstanding anything to the contrary in this chapter, an application for variance shall be made to
the Administrator in the same manner as an application for a special permit under this section, and
shall include the same required elements. The Administrator shall submit a copy of the application for
review to the BCWMC and the DNR Commissioner within 45 days after receipt of the same from the
applicant. The report of the Administrator shall accompany said application and shall include any other
such data as the Administrator deems necessary for a complete review. There shall be a minimum
interval of 10 days allowed for the review and comment by the DNR Commissioner, in addition to any
time necessary for the actual transmittal of the application between offices, before the Board's hearing
can take place.
(6) The Board shall hear and decide upon the application in the same manner it decides appeals under this
chapter. The Board shall take no action in the appeal unless 45 days have elapsed from the submission
of the application to the BCWMC and the DNR Commissioner; provided, however, that if reports or
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comments have been received from both the BCWMC and the DNR Commissioner prior to the
expiration of the aforesaid 45-day period, then the Board is empowered to thereupon act on said
application prior to the end of said 45-day period. The recommendations of the BCWMC and the DNR
Commissioner, if any, shall be appended to the application and the Administrator's report and
considered by the Board in making its judgment. No variance shall be granted without full
consideration of the standards, policies and purposes expressed in this section and chapter. The
decision of the Board shall be subject to appeal to the City Council in the same manner as other zoning
appeals. A copy of all decisions granting variances shall be forwarded by mail to the DNR Commissioner
within 10 days of such action.
(7) Flood insurance notice and recordkeeping. The Administrator shall notify the applicant for a variance
that:
a. The issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of
insurance coverage; and
b. Such construction below the 100-year or regional flood level increases risks to life and property.
Such notification shall be maintained with a record of all variance actions. The City shall maintain a
record of all variance actions, including justification for their issuance, and report such variances issued
in its annual or biennial report submitted to the Administrator of the National Flood Insurance
Program.
(h) Lapse of Variance or Special Permit. If within one year after the issuance or grant of a special permit or
variance under this section, the owner or occupant shall not have substantially completed the work
authorized by such special permit or variance, then the special permit or variance shall become null and void
unless a petition for extension of time in which to perform such work has been granted. Such petition to
extend time shall be in writing and filed with the Administrator more than 20 days before the expiration of
one year from the date the original special permit or variance was issued or granted, shall s tate facts
showing a good-faith attempt to use the special permit or variance, and shall state the additional time
requested to complete such work. No such extension shall exceed one year. Such petition, if it relates to a
variance, shall be considered in the same manner as the original request for variance. If the petition relates
to a special permit, it shall be heard and decided in the same manner as the original petition for a special
permit. In determining under this subsection whether the petitioner has made a good-faith attempt to
complete such work, such factors as the design, size, expense and type of the proposed work may be
considered.
(i) Certified Record Drawings. Upon completion of any work or project pursuant to a special permit or variance
granted in accordance with this section, and prior to the use or occupancy of the land or completion thereon
of any obstruction permitted by the special permit or variance, the applicant shall submit a certification,
prepared by a licensed professional engineer or land surveyor (as appropriate) that the permitted work,
including, but not limited to, finished fill and building floor elevations, floodproofing, or other flood
protection measures, has been completed in compliance with the provisions of this section and in
compliance with conditions contained in the special permit or variance. This certification shall include five
copies of certified record drawings of the work completed. The certified record drawings shall also be
submitted in digital format compatible with the City's computer hardware and software. The applicant shall
be responsible for submitting an application for a letter of map amendment to FEMA, including all costs
associated with the submittal.
(j) Method for Determining Floodplain Boundary Location. All decisions regarding the location of the floodplain
boundary will be based on elevations of the regional 100-year flood profile, the actual ground elevations on
the site and other available technical data. In all cases where application is m ade pursuant to this section for
interpretation of the existing floodplain zoning elevations and determination of the exact boundaries of the
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floodplain zone, as established by the official flood zone profile and map and flood insurance rate maps
made a part hereof, the Administrator or a designated technical advisor shall:
(1) Obtain from the applicant, at the applicant's expense, a current survey of the property in question,
signed by a licensed land surveyor. The survey shall show exact elevations of the property and, if
applicable, exact locations and elevations of any existing or proposed structures or obstructions.
(2) Determine the floodplain zone elevations from the official flood zone profile and map or information
provided by the applicant, consistent with Subsection (f)(2) of this section.
(3) Land within the floodplain zone but outside of the floodway shall be considered flood fringe. The cost
of such computation shall be reimbursed by the applicant.
(k) Nonconforming Obstructions, Uses and Structures. Notwithstanding other sections of this chapter, the
following shall apply to all obstructions, structures and uses within the floodplain:
(1) Continuance. An obstruction or structure, or the use of a structure or premises, which was lawful
before the effective date of the ordinance from which this section is derived, or the effective date of
applicable amendments to this section, but which is not in conformity with the provisions of this
section may be continued subject to the following condition s:
a. No such obstruction, use or structure shall be replaced, expanded, changed, enlarged, or altered
in any way, nor shall any parcel of land be redeveloped, without complying, in all respects, with
this section, including, but not limited to, the obtaining of all required permits and variances. Any
alteration or addition to a nonconforming obstruction, use, or structure shall be elevated on fill
as specified in Subsection (k)(4)a of this section, or adequately floodproofed to the RFPE.
Floodproofing shall be done in accordance with the FP-1 through FP-4 floodproofing classification
of the State Building Code as adopted by the City, provided the cost of the alteration or addition
does not exceed 50 percent of the market value of the existing structure prior to the alteration or
addition, unless such alteration or addition includes the elevation on fill or adequate FP -1 or FP-2
floodproofing to the RFPE of the entire obstruction, use, or structure; and unless all other
requirements of this subsection (k) are met.
b. If such use of such obstruction or structure, or use of such premises, is discontinued for six
consecutive months, any subsequent use of the obstruction, structure or premises shall comply,
in all respects, with this section, including, but not limited to, the obtaining of all required
permits and variances.
c. If any nonconforming obstruction or structure is destroyed or damaged by any means, including
floods, to the extent that the cost of repairing or restoring such destruction or damage woul d be
50 percent or more of the current market valuation then it shall not be reconstructed except in
full compliance, in all respects, not limited to, the obtaining of all required permits and variances.
d. If a substantial improvement occurs from any combination of a building addition to the outside
dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other
improvement to the inside dimensions of an existing nonconforming building, then the building
addition and the existing nonconforming building must meet the requirements of this subsection
(k).
(2) Certification of Nonconforming Uses. Upon application and submittal to the Administrator of an
appropriate certification by a licensed professional land surveyor, the Administrator shall certify to the
owners of properties whose uses were lawful prior to the effective date of the ordinance from which
this section is derived, or the effective date of applicable amendments to this section, that said
properties, the uses thereof and the structures thereon were and are a legal nonconforming use which
may be continued as specified in said certification and as permitted by this chapter.
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(3) Nuisances. Uses or adjuncts thereof which are or become public nuisances shall not be entitled to
continue as nonconforming uses.
(4) Additional Standards for Floodplain Nonconformities.
a. All redeveloped or reconstructed structures and additions to structures, that are not being
floodproofed in accordance with this section, must be elevated on fill so that the lowest floor,
including basement floor, is at or above the RFPE. The finished fill elevation for structures shall be
no lower than one foot below the RFPE, and the fill shall extend at such elevation at least 15 feet
beyond the outside limits of the structure erected thereon.
b. The storage of any materials or equipment shall be located outside of the floodway, and shall be
elevated on fill to the RFPE.
c. Alternative elevation methods.
1. Alternative elevation methods other than the u se of fill may be used to elevate a
structure's lowest floor above the RFPE. Use of these alternative methods must receive
written authorization from the Floodplain Administrator and the City Engineer. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-
grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an
enclosed area shall be considered above grade and not a structure's lowest floor if:
(i) The enclosed area is above grade on at least two sides of the structure
(ii) It is designed to internally flood and is constructed with flood-resistant
materials; and
(iii) It is used solely for parking of vehicles, building access or storage.
2. The above-noted alternative elevation methods are subject to the following additional
standards:
(i) Design and certification. The structure's design and as-built condition must be
certified by a licensed professional engineer or architect as being in compliance
with the general design standards of the State Building Code and, specifically,
that all wiring, heating, ventilation, plumbing and air conditioning equipment
and other service facilities must be at or above the RFPE, or be designed to
prevent floodwater from entering or accumulating within the components
during times of flooding.
(ii) Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed
areas such as crawl spaces or tuck under garages must be designed to internally
flood, and the design plans must stipulate:
A. A minimum area of openings in the walls where internal flooding is to be
used as a floodproofing technique. There shall be a minimum of two
openings on at least two sides of the structure, and the bottom of all
openings shall be no higher than one foot above grade. The automatic
openings shall have a minimum net area of not less than one square inch
for every square foot subject to flooding unless a licensed professional
engineer or architect certifies that a smaller net area would suffice. The
automatic openings may be equipped with screens, louvers, valves or
other coverings or devices provided that they permit the automatic entry
and exit of floodwaters without any form of human intervention; and
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B. The enclosed area will be designed of flood-resistant materials in
accordance with the FP-3 or FP-4 classifications in the State Building
Code, and shall be used solely for building access, parking of vehicles or
storage.
d. Basements, as defined by this section, in residential structures, shall not be allowed below the
RFPE. Nonresidential basements may be allowed below the RFPE provided the basement is
structurally dry floodproofed in accordance with Subsection (k)(4)f of this section.
e. All new principal structures must have vehicular access at or above an elevation not more than
two feet below the RFPE. If a variance to this requirement is granted, the City must specify
limitations on the period of use or occupancy of the structure for times of flooding, and only after
determining that adequate flood warning time and local flood emergency response procedures
exist.
f. As an alternative, all areas of substantially improved nonresidential structures, including
basements, to be placed below the RFPE shall be floodproofed in accordance with structurally
dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must
meet the FP-1 or FP-2 floodproofing classification in the State Building Code, and this shall
require making the structure watertight with the walls substantially impermeable to the passage
of water and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. Nonresidential structures floodproo fed to the
FP-3 or FP-4 classifications shall not be permitted.
g. Commercial use. Accessory land uses, such as yards, railroad tracks and parking lots, may be at
elevations lower than the RFPE. However, a permit for such facilities to be used by the
employees or the general public shall not be granted in the absence of a flood warning system
that provides adequate time for evacuation.
h. Manufacturing and industrial uses. Measures shall be undertaken to minimize interference with
normal plant operations, especially along streams having protracted flood durations. Certain
accessory land uses, such as yards and parking lots, may be at lower elevations subject to
requirements set out in this section.
(l) Obstructions.
(1) The City shall have the right of reasonable entry upon lands in the floodplain for the purpose of ingress
and egress to the floodplain, and the beds, banks and waters of the creeks, to remove any natural
obstructions, such as, but not limited to, trees, debris, litter and silt.
(2) It is unlawful for any person, without a special permit obtained pursuant to this section, to place any
obstruction in Bassett Creek and its tributaries, to obstruct the passage of watercraft or to interfere
with the use by the public of the beds, banks, waters or channels of said creek, except obstructions
placed by the appropriate authority and used for floodplain management, in which case adequate
provision shall be made for portaging and passage of watercraft.
(3) Any artificial obstruction of the beds, banks, waters or channels of Bassett Creek or the floodplain
made subsequent to February 3, 1981, and without first obtaining a special permit or variance therefor
shall be removed by the owner of the adjoining land within 10 days after mailing to such owner of a
demand to do so by the Administrator. If the owner shall fail or refuse to remove the obstruction,
within said time, or if the owner cannot be found or determined, the City may remove such obstruction
and the cost thereof shall be paid by the owner on d emand, or may be assessed against the land, and
collected in the same manner as prescribed by law for levying and collecting special assessments for
municipal improvements.
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(m) Unlawful Act. It is unlawful for any person to violate any provision of this s ection or fail to comply with any of
its terms or requirements. Each day such violation continues shall be considered a separate offense. Each
obstruction or use placed or maintained in the floodplain in violation of this section is hereby declared to be
a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate
judicial action. Nothing herein contained shall prevent the City from taking such other lawful action as is
necessary to prevent, remedy or remove any v iolation.
(n) Amendments.
(1) Complete documentation on any proposed amendments to this section, including amendments to the
official flood zone profile and map and flood insurance rate maps, must be submitted to the DNR
Commissioner for review and approval, with a minimum of 10 days being allowed for such review in
addition to any time necessary for the actual transmittal of the documents between offices; no public
hearing shall be held by the City Council with regard to the proposed amendment until the a pproval of
the DNR Commissioner is received. The BCWMC shall also be notified of any proposed amendment to
this section at least 30 days in advance of the scheduled public hearing. Amendments that would affect
the floodplain designation of any area must be approved by the FEMA before being adopted by the
City. With all of these additional requirements incorporated, amendments to this section shall be made
in the manner provided for all zoning amendments pursuant to this chapter and in compliance with
State law.
(2) There shall be no change made to the official flood zone profile and map or flood insurance rate maps
that has the effect of removing or reducing the floodplain designation of any area unless it can be
shown that the designation is in error or th at the area has been filled to or above the elevation of the
RFPE and is contiguous to lands outside of the floodplain above the RFPE. Special exceptions to this
rule may be permitted by the DNR Commissioner if it is determined that the area in question is
adequately protected by other measures. Changes affecting the floodplain designation of any area
must also meet FEMA's Technical Conditions and Criteria.
(o) Interpretation. In interpreting and applying the provisions of this section, they shall be held to be the
minimum requirements for the promotion of the public health, safety, prosperity and general welfare.
(p) Abrogation and Greater Restrictions. It is not the intention of this section to interfere with, abrogate or annul
any covenant or other City Code provision; provided, however, where this section imposes a greater
restriction upon the use or improvement of any premises than those imposed or required by other statutes,
City Code provisions, rules, regulations, or permits of the City, State, or the BCWMC, or by covenants or
agreements, the provisions of this section shall govern.
(q) Warning and Disclaimer of Liability. This section does not imply that areas outside the floodplain or land uses
or obstructions permitted within the floodplain will be free from flooding or flood damages. This section shall
not create liability on the part of the City or any official or employee thereof for any flood damages that
result from reliance on this section or any City action taken or administrative or City Council decision lawfully
made hereunder.
(r) Subdivision of Land.
(1) In general. Recognizing that floodprone areas may exist outside of the designated floodplain
management district, the requirements of this subsection (r) and Chapter 107, pertaining to
stormwater management, shall apply to all land within the City.
(2) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, or
inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain
management district shall be able to contain a building site consistent with this section at or above the
RFPE. All subdivisions shall have water and sewage treatment facilities that comply with the provisions
of this section, and have road access both to the subdivision and to the individual building sites no
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lower than two feet below the RFPE. For all subdivisions in the floodplain, the floodway and flood
fringe boundaries, areas of allowable encroachment for building sites in Zone A areas and Zone AE
areas where a floodway has not been designated, the RFPE and the required elevation of all access
roads shall be clearly labeled on all required subdivisions drawings and platting documents.
(3) Encroachment studies in Zone A areas and Zone AE areas wh ere a floodway has not been designated.
In Zone A areas and Zone AE areas where a floodway has not been designated, applicants shall provide
the information required in Subsection (f)(2) of this section to determine the 100 -year flood elevation,
the areas suitable for encroachment for building sites and the RFPE for the subdivision site.
(4) Removal of special flood hazard area designation. FEMA has established criteria for removing the
special flood hazard area designation for certain structures properly elevated on fill above the 100 -year
flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments. These standards should be investigated prior
to the initiation of site preparation if a change of special flood hazard area designation will be
requested.
(5) If a subdivision proposal or other proposed new development is in a floodprone area, any such
proposal must be reviewed to ensure that:
a. All such proposals are consistent with the need to minimize flood damage within the floodprone
area
b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and
constructed to minimize or eliminate flood damage; and
c. Adequate drainage is provided to reduce exposure of flood hazard.
(6) Building sites. If a proposed building site is in a floodprone area, all new construction and substantial
improvements must be:
a. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy
b. Constructed with materials and utility equipment resistant to flood damage
c. Constructed by methods and practices that minimize flood damage; and
d. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
(s) Additional Administrative Requirements.
(1) State and Federal Permits. Prior to granting a permit or processing an application for a conditional use
permit (CUP) or variance, the Administrator shall determine that the applicant has obtained all
necessary State and Federal permits.
(2) Certification. The applicant shall be required to submit certification by a licensed professional engineer,
architect or land surveyor that the finished fill and building elevations were accomplished in
compliance with the provisions of this section. Floodproofing measures shall be certified by a licensed
professional engineer or architect.
(3) Record of Lowest Floor Elevation. The Administrator shall maintain a record of the elevation of the
lowest floor (including basement) of all new structures and alterations o r additions to existing
structures in the floodplain. The Administrator shall also maintain a record of the elevation to which
structures or alterations and additions to structures are floodproofed.
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(4) Notifications for Watercourse Alterations. The Administrator shall notify, in riverine situations, adjacent
communities and the Commissioner of the Department of Natural Resources, prior to the City
authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to
work in the beds of public waters pursuant to Minn. Stats. ch. 103G, this shall suffice as adequate
notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to
the Chicago Regional Office of FEMA. Applicant must maintain capacity for all watercourse alterations.
(5) Notification to FEMA When Physical Changes Increase or Decrease the 100 -Year Flood Elevation. As
soon as is practicable, but not later than six months after the date such supporting information
becomes available, the Administrator shall notify the Chicago Regional Office of FEMA of the changes
by submitting a copy of said technical or scientific data.
(Code 1988, § 11.60; Ord. No. 614, 2nd Series, 10 -13-2016)
Secs. 113-126—113-148. Reserved.
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For reasonable accommodations or alternative formats please contact 311 at 612-673-3000. People who are deaf or
hard of hearing can use a relay service to call 311 at 612-673-3000. TTY users call 612-673-2157 or 612-673-2626.
Para asistencia 612-673-2700 - Rau kev pab 612-673-2800 - Hadii aad Caawimaad u baahantahay 612-673-3500.
Revised July 2023
Community Planning and Economic Development
Planning Division
505 4th Ave S, #320
Minneapolis MN 55415
612-673-3000
PLANNED UNIT DEVELOPMENT APPLICATION
550.900. Purpose. This article establishes the procedures and standards for the development of areas as unified,
planned developments in accordance with the intent and purpose of this zoning ordinance, and the applicable
policies of the comprehensive plan. The provisions of this article provide for flexibility in the use of land and the
placement and size of buildings in order to better utilize the special features of sites and to obtain a higher
quality of development that incorporates high levels of amenities than might otherwise occur under the strict
application of zoning regulations for the users of the site, the neighborhood, or the city as a whole, and which
meets public objectives for protection and preservation of natural and historic features. The regulations are
intended to:
(1) Encourage innovation in housing design in order to meet the housing needs of the city's diverse
population.
(2) Encourage a compatible mixture of commercial, institutional, and residential development that is
both attractive and highly functional.
(3) Encourage the reuse of underutilized industrial land through development which is responsive to
surrounding development.
(4) Promote the efficient use of land, innovation in site design, and sustainable development.
(5) Protect the natural environment.
550.910. Application procedure. An application for planned unit development shall be filed on a form approved
by the zoning administrator, as specified in Chapter 525, Administration and Procedures.
550.920. Public hearing. The city planning commission shall hold a public hearing on each complete application
for planned unit development as specified in Chapter 525, Administration and Procedures, for conditional use
permit.
550.930. Approval of planned unit development. The city planning commission may approve, deny or approve
with modifications an application for planned unit development. When necessary to protect the natural
environment, to prevent hazardous development or otherwise to protect the public welfare, the city planning
commission may require a lower intensity of development or more restricted development on portions of a site
than specified in this zoning ordinance.
550.940. Required findings. In addition to the conditional use permit standards contained in Chapter 525,
Administration and Procedures, before approval of a planned unit development the city planning commission
also shall find:
(1) That the planned unit development complies with all of the requirements and the intent and
purpose of this chapter. In making such determination, the following shall be given primary
consideration:
a. The traffic generation characteristics of the proposed planned unit development in relation to
street capacity, vehicle access, parking and loading areas, pedestrian access, bicycle facilities, and
availability of transit alternatives.
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b. The site amenities of the proposed planned unit development, including the location and
functions of open space, the preservation or restoration of the natural environment or historic
features, sustainability, and urban design.
c. The appearance and compatibility of individual buildings and parking areas in the proposed
planned unit development to other site elements, including but not limited to building scale and
massing, and protection of views and corridors.
d. An appropriate transition area shall be provided adjacent to any lower-intensity residential uses
or residential zoning through the use of landscaping, screening, access to light and air, building
massing, and that considers applicable policies of the comprehensive plan.
e. The relation of the proposed planned unit development to existing and proposed public facilities,
including but not limited to provision for stormwater runoff and storage, and temporary and
permanent erosion control.
f. The consideration, where possible, of sustainable building practices during the construction
phases and the use of deconstruction services and recycling of materials for the demolition
phase.
(2) That the planned unit development complies with all of the applicable requirements contained in
Chapter 598, Land Subdivision Regulations.
(3) That a planned unit development of five (5) acres or greater, located in the MR Mississippi River
Corridor Critical Area Overlay District, comply with the applicable design standards in section
535.1710.
550.950. Relationship to other applicable regulations. A planned unit development shall be subject to all
applicable standards, procedures, and regulations of this zoning ordinance and the zoning district in which it is
located, including applicable site plan review standards contained in Article V, Site Plan Review Standards of this
chapter, for the individual uses within the development, except as otherwise provided in this article.
550.960. Minimum area. A planned unit development shall contain a minimum contiguous area of one-half (½)
acre, which may be separated by a public right-of-way, railroad right-of-way, or stream, except the Mississippi
River, unless otherwise noted below.
550.970. Ownership or control. All parcels proposed for planned unit development shall be under the
ownership or control of the applicant at the time of application. Control may include a purchase agreement.
Where amendments are necessary and the parcels are under different ownership or control than the original
application, the application for an amendment may be made by the owner of the parcel on which the
amendment will occur. Where the ownership of the parcel is part of a common interest community, the
applicant shall obtain the permission of the association board for the parcel where the amendment will occur.
The applicant shall notify in writing all other owners of parcels within the boundary of the original planned unit
development, or in the case of a common interest community the association board, and shall submit evidence
of such notification to the zoning administrator before any application shall be deemed complete.
550.980. Platting requirement. As part of any application for planned unit development approval, any land
proposed for planned unit development shall be platted or replatted into one (1) or more lots suitable for the
planned unit development, and as such shall comply with all of the applicable requirements contained in
Chapter 598, Land Subdivision Regulations, except as otherwise provided in this chapter.
550.990. Development plan.
(a) Submission. As part of any application for planned unit development approval, the applicant shall submit a
development plan which shall consist of a statement of the proposed use of all portions of the land to be
included in the planned unit development, a master sign plan, and a site plan showing all existing and
proposed development including the location of structures, parking areas, vehicular and pedestrian access,
open space, drainage, sewerage, fire protection, building elevations, landscaping, screening and bufferyards
and similar matters, as well as the location of existing public facilities and services.
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(b) Conditions. In addition to other conditions of approval, the city planning commission may require the
applicant to revise the development plan to conform to the requirements of this article, the land subdivision
regulations, the zoning ordinance, the applicable policies of the comprehensive plan and any other
regulations affecting the design and improvement of the planned unit development.
550.1000. Plan consistency. The city shall withhold any building permit, demolition permit, grading permit,
utility connection, license or other approval required for a planned unit development if the proposal is
inconsistent with the development plan as approved, except as otherwise provided in this chapter.
550.1010. Changes in approved plan.
(a) Minor changes. Notwithstanding section 550.1000, the zoning administrator may authorize minor changes
in the placement and size of improvements, or may authorize the substitution of a substantially similar
amenity for an approved amenity, within an approved planned unit development if the zoning administrator
determines that the changes are consistent with the intent of this chapter and the findings made by the city
planning commission in connection with the approval of the planned unit development.
(b) Other changes. Changes to the development plan other than minor changes in the placement and size of
improvements shall require amendment to the planned unit development by the city planning commission.
The elimination of any amenity, or substitution of any amenity that is not substantially similar to an
approved amenity provided for an alternative to the zoning code, as allowed in section 550.1050, shall
require an amendment to the planned unit development by the city planning commission. The requirements
for application and approval of a planned unit development amendment shall be the same as the
requirements for original approval. Where only one (1) change to the development is made that is deemed
an amendment to the planned unit development, including the addition of a use that is a conditional use
permit in the zoning district in which the planned unit development is located, or revisions to the master
sign plan, and where staff determines that the change will not require substantial staff time or reevaluation
of the planned unit development, then the applicant may be charged the application fee for a conditional
use permit, rather than the fee for a conditional use permit for planned unit developments, as listed in Table
525-1, Fees.
(c) Planned unit developments existing before the adoption of the ordinance. Notwithstanding the provisions of
this chapter, planned unit developments approved before the adoption of this ordinance shall only be
required to provide amenities for any alternatives requested as a part of the amendment, or as required as a
part of previous approvals.
550.1020. Time of completion.
(a) In general. All planned unit developments shall be completed within two (2) years of the effective date of
the planned unit development approval, or such later date established by the city planning commission
unless the building permit is obtained within such period and the erection or alteration of a building is
substantially begun and proceeds on a continuous basis toward completion, or the use is established within
such period by actual operation pursuant to the applicable conditions and requirements of such approval.
The zoning administrator, upon written request, may for good cause shown grant up to a two-year
extension to this time limit. If any one (1) phase is deemed expired, then all successive phases not
completed or under construction shall be deemed expired.
(b) Partial completion. For partially completed phases of a planned unit development that expires, the applicant
shall submit a maintenance plan for the area not completed that shall include, but not be limited to, the
following:
(1) Right-of-way access and maintenance plan.
(2) Stormwater management and erosion control plans addressing the temporary or unfinished
condition.
(3) Ground cover and/or landscaping.
(4) Site security.
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(5) Fences and walls.
(6) Equipment storage.
550.1030. Phasing of development. Phasing of development shall be permitted. If phasing is used, each phase
of the planned unit development shall be designed and developed to be able to exist as an independent unit. A
phasing timeline shall be submitted as a part of the application for planned unit development approval. If a
project is approved as phased development, the two-year time of completion requirement, and extensions
granted by the zoning administrator, specified in section 550.1020 shall apply for each phase.
550.1040. Limitation on the size of individual buildings. The maximum gross floor area of individual buildings
within a planned unit development shall be limited in the BFI1, BFI2, BFI3, BFC3, BFC4, and BFC6 built form
overlay districts as required by Table 550-3, Maximum Floor Area of Individual Buildings in Planned Unit
Developments. Planned unit developments are subject to the maximum floor area ratio of each built form
overlay district, and exceptions may only be approved as authorized through floor area premiums or a variance.
The maximum gross floor area of individual buildings will not be attainable within every planned unit
development. Conversely, in larger planned unit developments, the maximum floor area ratio may be achieved
only by including multiple principal buildings except as otherwise authorized by the city planning commission.
Table 550-3 Maximum Floor Area of Individual Buildings in Planned Unit Developments
Built Form
Overlay
District
Structure Type* Maximum Floor Area of
Individual Buildings
(square feet)
Interior 1
Interior 2
Residential buildings with three or fewer units 4,000
Residential buildings with four or more units 11,200
Nonresidential and mixed-use buildings 19,600
Interior 3 Residential buildings with three or fewer units 5,600
Residential buildings with four or more units 25,200
Nonresidential and mixed-use buildings 28,800
Corridor 3 All structures 58,800
Corridor 4 All structures 89,600
Corridor 6 All structures 215,622
*Where the use is allowed in the applicable zoning district or through the additional uses allowed in a
planned unit development.
550.1050. Alternatives to zoning ordinance standards.
(a) In general. The city planning commission may approve alternatives to the zoning regulations applicable to
the zoning district in which the planned unit development is located, as authorized in this article and as
listed in Table 550-5, Authorized Alternatives, where the planned unit development includes site amenities.
Nothing in this article shall be construed to provide a property owner with any property right or other legal
right to compel the city to grant alternatives to this zoning ordinance.
(b) Site amenities. Site amenities are listed in Table 550-4, Amenities, and are subject to the following
standards:
(1) All planned unit developments shall provide at least one (1) amenity or a combination of amenities
that total at least ten (10) points, beyond those required for any alternative(s), and even if no
alternative(s) is requested.
(2) For each alternative requested, an amenity or a combination of amenities totaling at least five (5)
points, in addition to the amenity(ies) required in section 550.1050(1), shall be provided. For
multiple requests of the same alternative only one (1) amenity shall be required for those
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alternatives, except for revisions made to an already approved planned unit development as an
amendment to the planned unit development.
(3) Unless otherwise determined by the city planning commission, each phase of the planned unit
development shall include the amenities provided for any alternatives in that phase, as a part of the
construction of that phase.
(4) In no case shall any item be counted as an amenity for an alternative if it is utilized to qualify for a
floor area ratio or height incentive in the built form overlay districts or any other amenity in Table
550-4, Amenities.
(5) Where an amenity is provided that meets the standards required in Table 550-4, Amenities, the full
point value assigned to said amenity shall be obtained. Where the amenity does not meet all of the
standards required in Table 550-4, Amenities, no points shall be awarded. Partial points for
alternatives shall not be awarded, except as otherwise allowed in Table 550-4, Amenities. For
purposes of Table 550-4, “CUP” shall mean conditional use permit.
Table 550-4 Amenities
POINTS AMENITY STANDARDS
10
Active liner uses as
part of a parking
garage
Inclusion of housing, office, or other active uses around the perimeter of all floors of a
parking garage that face a public street, sidewalk, or pathway. In any district where
liner uses are already required on the first floor, points shall only be awarded for liner
uses on all other floors above the first where parking is located. False or display
windows shall not qualify.
10
Environmental
sustainability—
ecological function
a. Installation of an extensive, intensive, semi-intensive, modular or integrated green
roof system that covers a minimum of fifty (50) percent of the total roof area
proposed for the development.
b. Not less than fifty (50) percent of the site not occupied by buildings including all
required landscaped yards shall be landscaped per the standards in Article V, Site
Plan Review Standards of this chapter.
c. Native species plantings shall be prioritized on the landscaping plan, including
plantings that support pollinators.
10 Historic
preservation
a. The structure shall be a locally designated historic structure or shall be determined
to be eligible to be locally designated as a historic structure, as provided in
Chapter 599 of the Minneapolis Code of Ordinances, Heritage Preservation.
b. The historic structure, if undesignated, shall be subject to the same restrictions
that are applicable to locally designated historic structures and the
recommendations contained in The Secretary of the Interior's Standards for
Rehabilitation.
c. The historic structure shall be rehabilitated pursuant to the applicable guidelines
of the heritage preservation ordinance and the recommendations contained in
The Secretary of the Interior's Standards for Rehabilitation, if necessary.
10
Environmental
sustainability—
climate resiliency
Any performance standard (LEED, PHIUS, EGC, etc.) that achieves the Minnesota
Sustainable Building 2030 (SB 2030) 2010-2014 Energy Standard, a sixty (60) percent
energy/carbon reduction from the 2003 Average Building Baseline. The evaluation
shall be submitted by a certified architect. Building utility energy and water
information shall be submitted annually as part of the Minneapolis Energy
Benchmarking program.
10 Public right-of-way
dedication
Dedication of land and construction of a public road, alley, pathway, or greenway that
is part of an approved City plan or that restores the city's traditional grid subject to the
approval of the applicable agencies or departments. Right-of-way improvements
should be designed in accordance with Chapter 598, Land Subdivision Regulations.
Points shall not be awarded for the reconstruction or relocation of an alley to facilitate
an alley vacation.
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10 Underground
parking
All parking shall be located underground. Where the grade of the site slopes
significantly, all parking shall be enclosed in a floor level of the building that does not
meet the definition of a story. Further, exterior parking garage walls adjacent to the
public street shall not extend more than three (3) feet above the adjacent grade
measured from the finished floor of the first level. Electric vehicle charging
infrastructure must be provided in accordance with section 555.320, Specific electric
vehicle charging infrastructure standards.
5
Conservation of
the built
environment
Significant renovation, rehabilitation and adaptive reuse of an existing building(s),
rather than demolition.
5
Garden(s) or on-
site food
production
Permanent and viable growing space and/or facilities such as a greenhouse or a garden
conservatory at a minimum of sixty (60) square feet per dwelling unit to a maximum
required area of five thousand (5,000) square feet, which provide fencing, watering
systems, soil, secured storage space for tools, solar access, and pedestrian access as
applicable. The facility shall be designed to be architecturally compatible with the
development and to minimize the visibility of mechanical equipment.
5 Renewable energy Not less than forty (40) percent of electricity usage shall be derived from renewable
energy sources through on-site generation and/or renewable energy credits (RECs).
5 Outdoor open
space
Contiguous ground level outdoor open space that is related to and proportional with
the bulk of the building and landscaped with trees and shrubs. Rain gardens, where
appropriate, are encouraged. Walkways and pathways shall be surfaced with pervious
pavers, pervious concrete, decorative pavers, stamped concrete, colored concrete,
brick or other decorative and durable materials. A minimum of thirty (30) percent of
the site not occupied by buildings shall be landscaped outdoor open space. A minimum
of fifty (50) percent of the provided open space shall be contiguous. The open space
must be immediately accessible from the principal structure. Areas should be designed
for winter use and relate to the built form with consideration given to elements such
as providing shelter from wind, utilizing seasonally appropriate materials, maximizing
access to sunlight and providing for snow and ice removal.
5 Outdoor children's
play area
An active, outdoor children's play area with a minimum of fifty (50) square feet for
each unit containing three or more bedrooms but not less than five hundred (500)
square feet of play area to a maximum required area of five thousand (5,000) square
feet. The play area shall be secure, shall be separated from parking and maneuvering
areas, and shall be designed to facilitate adult supervision. The play area shall include
play equipment, installed to the manufacturer's specifications, or natural features
suitable for children in both preschool and elementary school. Play equipment shall
not be located in a required yard and not more than twenty-five (25) percent of the
required square footage of the play area may be located in a required yard. Play areas
should be designed for winter use and relate to the built form with consideration given
to elements such as providing shelter from wind, utilizing seasonally appropriate
materials, maximizing access to sunlight and providing for snow and ice removal.
5 Plaza
Plazas shall have a minimum area equivalent to ten (10) percent of the site not
occupied by buildings, but not less than two thousand (2,000) square feet and shall
comply with all provisions in Article XIV, Plazas in this chapter. Plazas for commercial or
mixed-use development shall be open to the public during daylight hours.
3 Art feature
Provision of art that shall strive to promote quality design, enhance a sense of place,
contribute to a sense of vitality, show value for artist and artistic processes, and use
resources wisely. The art shall be maintained in good order for the life of the principal
structure. The art shall be located where it is highly visible to the public. If located
indoors, such space shall be clearly visible and easily accessible from adjacent
sidewalks or streets. The art shall be valued at not less than one-fourth (.25) of one (1)
percent of the capital cost of the principal structure.
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3
Decorative or
pervious surface
for on-site parking
and loading areas,
drives, driveways
and walkways.
Provide decorative pavers, pervious pavers, stamped concrete, colored concrete,
pervious concrete, brick or other decorative or durable materials for a minimum of
seventy-five (75) percent of surface parking and/or loading areas, drives aisles,
driveways and walkways that comply with the Americans with Disabilities Act
accessibility requirements.
3 Energy efficiency
Utilization of energy design assistance programs or commissioning to ensure that
building systems are designed to operate efficiently and exceed the Minnesota State
Energy Code by at least thirty (30) percent of the annual energy costs. The developer
must submit documentation to the City including a letter signed by the owner or a
licensed design professional, that shows the project will comply with this standard.
3 Living wall system
Provide a living wall system on at least one (1) building elevation. The living wall shall
be composed of panels that total a minimum of sixty (60) percent of the wall area on
the building elevation, or five hundred (500) square feet, whichever is greater.
Window area is included in the calculation of the wall area, but in no case shall the
living wall cover windows. A portion of the plantings shall provide greenery year-
round.
3 Natural features Site planning that preserves significant natural features or restores ecological functions
of a previously damaged natural environment.
3 Pedestrian
improvements
A site and building design that allows for exceptional and accessible pedestrian and/or
bicycle access through and/or around a site that exceeds the requirements of Article V,
Site Plan Review Standards in this chapter. The improvements shall use a combination
of landscaping, decorative materials, access control and lighting to create a safe, clear
and aesthetically pleasing access through and/or around the site that complies with
the Americans with Disabilities Act accessibility requirements.
3 Reflective Roof
Utilize roofing materials for seventy-five (75) percent or more of the total roof surface
having a Solar Reflectance Index (SRI) equal to or greater than the values as required
by the US Green Building Council (USGBC) for low-sloped and steep-sloped roofs.
3 Shared bicycles
Public access to shared bicycles available for short-term use. Applies to mixed-use and
nonresidential uses only. A minimum of ten (10) shared bicycles per one (1)
commercial use must be provided to qualify as an amenity. Bicycle parking spaces and
racks shall be located in an area that is convenient and visible from the principal
entrance of the building.
3 Shared vehicles Access to a shared passenger automobile available for short-term use. For residential
uses, a minimum of one (1) car per one hundred (100) dwelling units is required.
1 Decorative fencing
Install high-quality decorative metal fencing where visible from the public street,
public sidewalk or public pathway. The point for decorative fencing may be obtained
when it is included as part of another amenity if it is also provided in other areas on
the site. In no case shall chain-link fencing be considered decorative fencing.
1 Enhanced exterior
lighting
Lighting plan that highlights significant areas of the site or architectural features of the
building(s), subject to the standards of section 550.2230, Lighting.
1 Enhanced
landscaping
A landscaping plan of exceptional design that has a variety of native tree, shrub, and
plant types that provide seasonal interest and that exceed the requirements of Article
V, Site Plan Review Standards in this chapter. The landscaped areas shall have a
resource efficient irrigation system. The landscaping plan shall be prepared by a
licensed landscape architect.
1
Enhanced
stormwater
management
Provide capacity for infiltrating stormwater generated onsite with artful rain garden
design, or subterranean stormwater collection and filtration system, that serves as a
visible and/or visually appealing amenity. Rain garden designs shall be visually
compatible with the form and function of the space and shall include for long-term
maintenance of the design. The design shall conform to requirements of the
stormwater management plan approved by public works.
1 Heated drives or
sidewalks Heated drives or sidewalks that are designed to provide snow and ice-free surfaces.
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1 Pet Exercise Area
A pet exercise area shall have a minimum dimension of twelve (12) feet by sixty (60)
feet. It shall be enclosed with decorative fencing, include lighting in compliance with
section 550.2230, Lighting and provide accommodations for proper disposal of animal
waste. The pet exercise area shall not be located in a required yard.
1 Recycling storage
area
Provide an easily accessible area that serves the entire building and is dedicated to the
collection and storage of non-hazardous materials for recycling, including but not
limited to paper, corrugated cardboard, glass, plastics and metals. The recycling
storage area shall be located entirely below grade or entirely enclosed within the
building.
1 Tree islands
The inclusion of additional or larger tree islands in the interior of parking lots that
exceed the requirements of Article V, Site Plan Review Standards in this chapter.
Larger tree islands shall have a minimum width of ten (10) feet in any direction and
shall provide shrubs, plant materials, and/or rain garden plantings in addition to the
trees.
1 Water feature
A water feature, including but not limited to a reflecting pond, a children's play feature
or a drinking fountain shall be located where it is highly visible to and useable by the
public.
As
determined
by CUP
Amenities
proposed by the
applicant or others
The city planning commission may consider other amenities not listed in Table 550-4,
Amenities, that are proportionally related to the alternative requested. The
commission may assign one (1), three (3), five (5), or ten (10) points based on the
proportionality.
As
determined
by CUP
Amenities that
significantly
exceed standards
The city planning commission may consider up to five (5) additional points to the point
value listed for any amenity in Table 550-4, Amenities, where the commission finds the
proposed amenity substantially exceeds the standards required in Table 550-4,
Amenities, for the amenity.
550.1060. Authorized alternatives.
(a) Number of principal residential structures. The city planning commission may authorize residential uses in a
planned unit development that includes multiple principal structures on one (1) platted or recorded lot
where not allowed by the primary zoning district. The appearance and compatibility of individual buildings
to other site elements and to surrounding development shall be given primary consideration in reviewing
and approving the placement and spacing of structures. The city planning commission may consider this
alternative without the addition of amenities beyond those required for a planned unit development in
section 550.1050(1).
(b) Maximum floor area of individual buildings. The city planning commission may authorize an increase in the
maximum allowed gross floor area of individual buildings within a planned unit development upon finding
that the development's layout, amenities, and building scale are consistent with the intent of the built form
policies of the comprehensive plan.
(c) Lot area requirements. The city planning commission may authorize reductions in the area of individual lots
within a planned unit development from the required lot area for the zoning district, provided any such
reductions shall be compensated for by an equivalent amount of lot area elsewhere in the planned unit
development for the purpose of promoting an integrated project that provides additional site amenities. Lot
area shall not include areas designated as public or private streets.
(d) Yards. The city planning commission may authorize reductions in or elimination of required yards provided
landscaped yards of at least such minimum width as required by the zoning district in which the planned
unit development is located shall be maintained along property lines abutting a side or rear lot line of an
urban neighborhood or residential mixed-use zoning district or property lines abutting a side or rear lot line
of a structure used for permitted or conditional residential purposes.
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(e) On-premises signs.
(1) In general. All signs in a planned unit development shall conform to a master sign plan that shall be
considered and approved with the development plan. All signs shall conform to the requirements of
Chapter 560, Signs, except as otherwise authorized by the city planning commission.
(2) Alternatives. The city planning commission may authorize alternatives to the sign standards for the
purpose of promoting an integrated master sign plan provided the required amenities are provided
and a master sign plan meets the following criteria:
a. The sign plan may not allow a sign that is otherwise prohibited by the zoning ordinance.
b. The alternative will not significantly increase or lead to sign clutter in the area or result in a sign
that is inconsistent with the purpose of the zoning district in which the property is located.
c. The alternative will allow a sign that relates in size, shape, materials, color, illumination and
character to the function and architectural character of the building or property on which the
sign will be located.
(f) Off-street parking and loading.
(1) In general. The required amount of off-street loading and bicycle parking spaces for the planned unit
development shall be determined by the city planning commission and shall comply with the
requirements of Chapter 555, Off-Street Parking, Loading, and Mobility, including Article XII, Travel
Demand Management, except as otherwise allowed by this chapter. In determining the number of
off-street loading and bicycle parking spaces required, the city planning commission shall consider,
but not be limited to, the loading and bicycle parking requirements for the individual uses within the
planned unit development as specified in Chapter 555, Off-Street Parking, Loading, and Mobility, the
nature of the uses and population served, documentation supplied by the applicant regarding the
actual parking and loading demand for the proposed use, the potential for shared parking and
loading, and the use of alternative forms of transportation.
(2) Other standards. The city planning commission may consider alternatives to the minimum width of
parking aisles and the minimum and maximum width of driveways where it is demonstrated that the
parking area, aisles, and driveways will still allow for reasonable, functional, and safe vehicular
access to and within the site. Where the alternative is to allow an increase in driveway width, the
city planning commission shall also consider, but not be limited to, turning templates or other
similar documentation demonstrating the need for the increase. The city planning commission may
consider this alternative without the addition of amenities beyond those required for a planned unit
development in section 550.1050(1).
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Table 550-5 Authorized Alternatives
ZONING CODE
STANDARD AUTHORIZED ALTERNATIVE AMENITY
REQUIRED
Section 550.1060(a).
Number of principal
residential
structures.
To allow residential uses in a planned unit development that includes
multiple principal structures on one (1) platted or recorded lot where not
allowed by the primary zoning district.
No
Section 550.1060(b).
Maximum floor area of
individual buildings.
To increase the maximum gross floor area of individual buildings within a
planned unit development. Yes
Section 550.1060(c). Lot
area requirements.
To allow reductions in the area of individual lots within the planned unit
development from the required lot area of the zoning district. Yes
Section 550.1060(d). Yards. 1) To allow a reduction or elimination of required yards within the planned
unit development. Yes
2) To allow a reduction or elimination of required yards along the
periphery of the planned unit development, except along property lines
abutting a side or rear lot line of an urban neighborhood or residential
mixed-use zoning district or property lines abutting a side or rear lot line
of a structure used for permitted or conditional residential purposes.
Yes
Section 550.1060(e). On-
premises signs. To allow alternatives to the sign standards. Yes
Section 550.1060(f). Off-
street parking and loading.
To allow alternatives to the following:
1) Maximum amount of required off-street parking and minimum amount
of required loading. Yes
2) Minimum amount of required bicycle parking. Yes
3) Minimum width of parking aisles. Yes
4) Minimum and maximum width of driveways. Yes
550.1070. Permitted uses. Any use allowed in the zoning district in which the planned unit development is
located may be included within a planned unit development. If a planned unit development includes more than
one (1) zoning classification, the uses allowed within each zoning classification of the development shall be
limited by the applicable zoning district regulations, except as otherwise provided in this section.
550.1080. Additional uses.
(a) In general. The city planning commission may authorize additional uses in the zoning district in which the
planned unit development is located as provided below and subject to section 550.1090. An amenity is not
required in order to allow an additional use.
(b) Urban neighborhood districts. The city planning commission may authorize additional residential uses,
general retail sales and services uses and food and beverage uses as allowed in the RM2 and RM3 Districts,
child care centers, offices, and clinics within a planned unit development located in the urban neighborhood
districts. The additional general retail sales and services uses and food and beverage uses as allowed in the
RM2 and RM3 Districts, child care centers, offices and clinics shall not exceed four thousand (4,000) square
feet per use, unless otherwise allowed by the zoning district in which the use is located.
550.1090. Additional use standards. The city planning commission may authorize additional uses, as provided in
section 550.1080, subject to the following standards:
(1) Such uses are designed primarily for the residents or users of the planned unit development and of
adjacent areas which are within convenient walking distance of the use.
(2) All additional uses, except residential and office uses, shall be located on the ground or first floor.
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(3) The uses are not of such a nature or so located as to have a detrimental impact on the surrounding
neighborhood or the character of the planned unit development.
(4) Not more than twenty (20) percent of the gross floor area of the planned unit development shall be
devoted to such additional uses.
(5) The use is consistent with the applicable policies of the comprehensive plan.
550.1100. Conditional uses.
(a) In general. Any conditional use allowed in the zoning district in which the planned unit development is
located may be included within a planned unit development, upon making each of the required findings for
conditional use permits in Chapter 525, Administration and Procedures.
(b) Dwelling units. Dwelling units that require a conditional use permit in the zoning district in which the
planned unit development is located shall not be required to submit a separate conditional use permit and
shall be considered as a part of the findings and review of the planned unit development.
(c) Nonresidential uses. Nonresidential uses that require a conditional use permit in the zoning district in which
the planned unit development is located, shall submit a separate conditional use permit application and
findings as a part of the planned unit development review.
(d) Signs. Signs that require a conditional use permit in the zoning district in which the planned unit
development is located shall not be required to submit a separate conditional use permit and shall be
considered as a part of the findings and review of the planned unit development.
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PLANNED UNIT DEVELOPMENT APPLICATION REQUIREMENTS CHECKLIST
In addition to submitting the required information contained in the General Land Use Application Packet, the
following is required for a planned unit development application:
Proof of applicant ownership or control of land within PUD at time of application.
The applicant shall notify in writing all other owners of parcels within the boundary of the original planned unit
development, or in the case of a common interest community the association board, and shall submit evidence
of such notification to the zoning administrator before any application shall be deemed complete.
For phased developments, a written phasing timeline including a description of each alternative requested and
amenity to be included in each phase (maximum 2 years for each phase). Each phase must be completed within
two (2) years.
Complete Planned Unit Development Application Worksheets.
Information, plans, etc. showing standards for how proposed amenities will meet the required standards.
For an amenity not specifically listed in Table 550-4 that is proposed by the applicant, a written description,
provide information, plans, etc. to describe the proposed amenity.
For an amenity that substantially exceeds the standards in Table 550-4, provide a written description,
information, plans, etc. that shows how the standards are exceeded.
Responses to the section 550.1090 findings to allow additional uses in the urban neighborhood districts, if
applicable.
Responses to the section 550.940 findings for a planned unit development.
Complete application(s) for all land use approvals related to the planned unit development, including but not
limited to, a conditional use permit and subdivision application, as submitted to the Zoning Administrator.
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PLANNED UNIT DEVELOPMENT APPLICATION WORKSHEETS
In the table below, identify the requested alternative(s) and determine the minimum points required.
Additional amenity points will be required for any alternatives that are processed at a later date as part of a
future phase of the planned unit development.
AUTHORIZED ALTERNATIVES
MARK AN ‘X’
NEXT TO THE
REQUESTED
ALTERNATIVE(S)
POINTS
REQUIRED FOR
THE REQUESTED
ALTERNATIVE
Number of
principal
residential
structures
To allow residential uses in a planned unit
development that includes multiple principal structures
on one (1) platted or recorded lot where not allowed
by the primary zoning district.
0
Maximum floor
area of
individual
buildings
To increase the maximum gross floor area of individual
buildings within a planned unit development. 5
Lot area
requirements
To allow reductions in the area of individual lots within
the planned unit development from the required lot
area of the zoning district.
5
Yards
To allow a reduction or elimination of required yards
within the planned unit development. 5
To allow a reduction or elimination of required yards
along the periphery of the planned unit development,
except along property lines abutting a side or rear lot
line of an urban neighborhood or residential mixed-use
zoning district or property lines abutting a side or rear
lot line of a structure used for permitted or conditional
residential purposes.
5
On-premises
signs To allow alternatives to the sign standards. 5
Off-street
parking and
loading
Maximum amount of required off-street parking and
minimum amount of required loading. 5
Minimum amount of required bicycle parking. 5
Minimum width of parking aisles. 5
Minimum and maximum width of driveways. 5
Amenity(ies) required by section 550.1050(b)(1) of the zoning code 10
Add points required for each requested alternative to determine total points required.
Enter total at right in the space provided.
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14
In the table below, identify the proposed amenity(ies) and determine the number of points proposed.
In no case shall any item be counted as an amenity for an alternative if it is utilized to qualify for a floor area
ratio or height incentive in the built form overlay districts or any other amenity in Table 550-4, Amenities. No
points are awarded for amenities that do not meet all of the standards required in Table 550-4, unless otherwise
authorized by the city planning commission.
AMENITY
MARK AN ‘X’ NEXT
TO THE PROPOSED
AMENITY(IES)
POINTS
Active liner uses as part of a parking garage 10
Environmental sustainability—ecological function 10
Historic preservation 10
Environmental sustainability—climate resiliency 10
Public right-of-way dedication 10
Underground parking 10
Conservation of the built environment 5
Garden(s) or on-site food production 5
Renewable energy 5
Outdoor open space 5
Outdoor children’s play area 5
Plaza 5
Art feature 3
Decorative or pervious surface for on-site parking and loading
areas, drives, driveways and walkways. 3
Energy efficiency 3
Living wall system 3
Natural features 3
Pedestrian improvements 3
Reflective Roof 3
Shared bicycles 3
Shared vehicles 3
Decorative fencing 1
Enhanced exterior lighting 1
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15
Enhanced landscaping 1
Enhanced stormwater management 1
Heated drives or sidewalks 1
Pet exercise area 1
Recycling storage area 1
Tree islands 1
Water feature 1
Amenities proposed by the applicant or others:
1, 3, 5, or 10, based
on the
proportionality.
Amenities that significantly exceed standards:
Up to 5, as
determined by
CUP.
Add points for each proposed alternative to determine total points proposed.
Enter total at right in the space provided.
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Special City
Council
April 9, 2024
Agenda
Number:2.3
To:Dave Callister, City Manager
Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator
Reviewed by:Maria Solano, Deputy City Manager
Item:Set future study sessions
1.Action Requested:
Schedule study sessions and/or add topics as desired. Calendars are attached to assist with
scheduling.
2.Background:
Pending study session topics (at least three council members have approved the following study
items on the list):
- State of the Water/Sewer presentation.
Other council requests:
- None at this time.
Staff requests for meeting topics and/or changes:
- Add review/select DMO advisory board interview candidates to the DMO Strategic Plan discussion
on May 14 at 5 p.m.
- Schedule DMO advisory board interviews on May 21 and May 28 from 2-4 p.m.
- Cancel July 9 regular meeting
3.Budget Impact:
N/A
4.Attachments:
April
May
June
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April 2024
3400 Plymouth Boulevard Plymouth, MN 55447 763-509-5080 plymouthmn.gov
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Inclusionary housing policy/ PUD discussion Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers
7:00 PM PLANNING COMMISSION MEETING
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7:00 PM REGULAR COUCIL MEETING Council Chambers
7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room
MEMORIAL DAY CITY OFFICES CLOSED
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3400Plymouth Blvd. Plymouth, MN 55447
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SUN TUES MON WED THUR FRI SAT
CHANGES ARE NOTED IN RED
7:00 PM REGULAR COUNCIL MEETING Council Chambers
7:00 PM PLANNING COMMISSION MEETING Council Chambers
6:00 PM PARK & REC ADVISORY COMMISSION MEETING Council Chambers
7:00 PM HOUSING AND
REDEVELOPMENT
AUTHORITY
MEETING
Council Chambers
7:00 PM REGULAR COUNCIL MEETING Council Chambers
OFFICIAL CITY CALENDAR
7:00 PM PLANNING COMMISSION MEETING
Council Chambers
7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room
JUNETEENTH CITY OFFICES CLOSED
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