HomeMy WebLinkAboutCity Council Ordinance 1974-08CITY OF PLYMOUTH
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' ORDI%XNCE NO. 74-8
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-, AN ORDINANCE AP#ENDIIG THE ZONING ORDINANCE OF
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THE CITY OF PLYMOUTH WITH PARTICULAR REFERENCE
T0. PLANNED UNIT DEVELOPMENTS.
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THE CITY COUNCIL OF PLYidOUTH DOES HEREBY ORDAIN AS FOLLOWS:'
Section 1. Amendment of Ordinance. Ordinance No. 68-8 of the
City of Plywouth, commonly known as the Plymouth Zoning Ordinance,
hereby is arranded as hereinafter set forth:
1.01. Section 7, Subdivision 3 of said Zoning Ordinance is hereby
amended by adding the folla-iing thereto as Paragraphs 10
and 11.
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"10. Residential Subdivision Unit Project
11. Residential Planned Unit Development as regulated in
Section 20"
1.07. Section 20, Subdivision 2 of said Zoning Ordinance is
{; hereby amended by adding the following thereto as Paragraph 5:
' "5. The Council may by resolution deny a Conditional Use
Pcimit and include the findings and reasons for
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j denial in the resolution. If the Planning Commission
recommends denial of a Conditional Use Permit,, the
findings and reasons shall be set forth in.their
written report to the Council."
1.08. Section 22, Subdivision l of said Zoning Ordinance is hereby
t amended by adding the following thereto as Paragraph 6:{
y a n Proposed Amendment
6. The Council may by resolution deny p
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IS and include the findings and reasons for denial in
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r; the resolution. If the Planning Commission recommends:,,
denial of a Proposed Amendment, the findings and reasons.,
shall be set forth in their written report to the Council."s
1.09. Section 20 of said Zoning Ordinance is hereby amended by
adding the following thereto as Subdivision 3:
"Subdivision 3. Residential Planned Unit Development (R.PU.D.);
(# 1. Purpose.
The provisions of this section of the Zoning Ordinance :are,
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intended to provide areas which can be developed with some.
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'i modification of the strict application of regulations of
the normal zoning districts in accordance with the pro-:
' visions and regulations contained herein, the intent and
purpose of the Comprehensive Municipal Plan, and the
general intent of the districts in which the development
is Proposed.
The provisions of this section of the Zoning Ordinance
provide design flexibility for the development of larger
parcels 'under single'ow;nership or control, in order to
obtain a higher quality of development than might other-
wise be possible should development occur under strict
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application of the zoning ordinance regulations for a
particular Residence District.
The benefit to the developer is one of design and develop-
Orlin :inf ^ r?o. 74-8
Page Taro
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ment flexibility; in order to utilize this flexibility,
the developer has the responsibility to demonstrate that
its utilization does in ^ed provit'e a develoar•.ent• :,hick
has substantial attributes to enhance the particular area
or the City in total. Expected attributes are:
a. Benefits from new technology in building design,
construction and lznd development.
b. Variety in the organization of site elements,
housing types and circulation systems.
c. Higher standards of site and building design through
use of trained and experienced professionals in
Land Planning, Architecture and Landscaping to pre-
pare plans for Residential Planned Unit Developments.
d. Preservation and enhancement of desirable natural
site characteristics and open space.
e. More efficient and effective use of streets, utilities
and public facilities to yield high quality develop-
ment at a lesser cost.
f. More .useable and suitably located recreation facilities
and other public and common facilities than would
otherwise be provided under conventional land
development procedures.
g. Provide a variety of quality housing for as many
income levels as practical.
2. Permitted Uses.
Within a R.P.U.D. no land or buildings shall be used
except for one or more of the following uses:
a. Those uses listed as permitted or conditional
uses in the District(s) in which the development is
proposed.
b: Consideration will be given to the integration of
small retail convenience centers, medical and pro-
fessional offices within a R.P.U.D., provided such
uses are designed and intended primarily for use of
the residents in the development and not in conflict
with the intent of the Comprehensive Municipal Plan
as to maintaining "he integrity of the neighborhood
concept.
3. Area, Setback, Height and Lot Coverage Regulations.
a. Lot Area Regulations:
(1) The minimum total land area shall be n less
than forty (40) acres. Lots of less than forty
(40) acres may quality only if the applicant
can show that the minimum area requir;:aent
should be waived because a ,.,P.U,J. is in the
public interest and that one or L-,th of the
following conditions exist:
- Unusual features of the property itself or of
the surroundinn neighborhood are such that
development ender the standard provisions of
the normal District would not be appropriate
in order to conserve a feature of importance
to the neighborhood or cc!r,munity.
Ordir..nce Oto. 74-8
Page 1)free
- The property adjoins property that has been
developed under the p;o;isicns of his section
and will contribute to the amenities of the
neighborhood,
(2) A R.P.U.D. may provide for a variety of housing
types in any one of the basic residential zoning
districts. The total number of dwelling units
allowed in a development shall be determined
when a concept plan is approved by either:
(a) area standards of the zoning district
in which the proposed dcveloprent is to be
located, or (b) !,pecific density within the
minimum to maximL:m density range for the living
area (LA) category shown on t"e Adopted Compre-
hensive Municipal Plan determined after recom-
mendations are made by the Planning Commission
and approval given by the City Council.
b. Front, Rear and Side Yard Building;. Setback Regulations:
Building -setbacks from all property lines which
form the perimeter cf the total property in the
R.P.U.-D. shall be planned to provide an acceptable
transition between different land uses.
c. Building Height Regulations:
Height limitations for any buildings in a R.P.U.D.
shall be as shown on the approved R.P.U.D. plan.
4. Building and Site Design, Construction and Maintenance
Regulations.
a. More than one building may be placed on one platted
or recorded lot in any R.P.U.D.
b. Architectural style or type of buildings shall not
solely be a basis for denial or approval of a plan.
However, the overall appearance and compatability
of individual buildings to other site elements or
to surrounding development will be given primary
considerations in the review stages of the Planning
Commission and City Council.
c. No building permit shall be granted for any building
on land for which a plan for a R.P.U.D. is in the pro-
cess of review or which does not conform to the
approved final plan or for one phase of the final
plan.
d. Staging of Development:
(1) Any R.P.U.D. plan proposed to be constructed in
stages shall include full details relative thereto
and the Planning Coanission and City Council may
approve or modify arhere necessary any such
proposals.
(2) The staging shall include the sequence and the
proposed time for beginning and completion
of each stage. Such sequence and/or'schedule
may be modified by the Planning Commission and
City Council on the showing of good cause by the
developer.
Ordinance No. 74-E:
V Page Four
(3) The land ov:ner or develo;)er shall make such
easements, covenants and other arrangements
and shall furnish such performance bond or
bonds as may be determined by the City Council
to be reasonably required to assure performance
and completion of private streets and utilities,
landscaping and privately ov.ned and maintained
recreation..) facilities in accordance with the
plan and to protect the public interest.
e. Open Space:
A primary function of the R.P.U.D, provision is to
provide developments %;hich will preserve and enhance
the worthwhile, natural terrain characteristics
and not force intense development to utilize all
portions of a given site. In evaluating each indi-
vidual proposal, the recognition of this objective
will be a basic consideration in granting approval
or denial.
The public or private open space shall be consistent
with the Comprehensive Municipal Plan, Park and Trail
System and with the stated purpose of preserving
natural site features. All open space shall be
labeled on the R.P.U.D. Plan as to intended use
and ownership.
f. Operating and Maintenance Requirements for Common
Facilities:
In the event certain land areas nr structures are
provided within the R.P.U.D. for private recreational
use or as service facilities, the owner of such land
if 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 of one of the
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following, depending which is more appropriate:
! (a) Dedicated to public where a neighborhood wide use
would be anticipated.
(b) Owner control when property not subdivided.
(c) Homeowner's Association, provided all of the
following conditions are met:
- The Homeowner's Association must be established
prior to any sale,
- Membership must be mandatory for each owner, and
any successive buyer.
- The open space restrictions must be permanent,
not for a given period of years.
- The Association must be responsible for lia-
bility insurance, local taxes, and the main-
tenance of residential and other facilities.
- Landowners must pay their pro rata share of the
cost and the assessment levied by the Association
that can becor;e a lien on the property in
accordance :pith Minnesota Statutes.
- The Association must be able to adjust the
Ordinance No. 74-8
Page Five
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Traffic (ADT)l
Pavement Width2
in feet
No Parking
Parking One Side
Presumed or Actual
Right of Way Width
Sidewalks3
Street Slope4
Anticipated Speed
Axle Load Design5
assessment to meet changed needs.
Covenants, Easements and Restrictions:
The final pl4n shall identify and contain such
proposed covenants, easements and other provisions
relating to the bulk, location and density of such
residential dwellings, non-residential uses and public
facilities as are necessary for the welfare of the
Planned Unit Development and are consistent with the
best interests of the entire City. All or any of
the covenants, easements and other.provisions, if
as part of the final plan may be modified as deemed
necessary by the City Council when the final plat
is approved, for the preservation of the public health,
safety, morals and general welfare of all City residents.
Streets, Utilities, Services and Public Facilities:
The uniqueness of each proposal for a R.P. M. requires
that specifications and standards for streets,
utilities and services may be subject to minor modifica-
tions from the specifications and standards established
in this and other city ordinances governing their
construction. The City Council may therefore waive
or modify the specifications or standards where it is
found that they are not required in the interests
of the residents or of the entire City. The plans
and profiles of all streets, utilities and services
shall be reviewed, modified if necessary, and approved
by the City Engineer and Building Official prior
to the final approval of the P..P.U.D. plan by the
City Council. All R.P.U.D. Projects shall be served
by public water and sewer systems. All utilities
including electrical shall be placed underground.
The following table shall be used as a guide and shall
be the minimum street standards for all residential
streets, public or private, within a P.J.D.:
P.U.D. Pesidential Street Design Standards
Strant nacrrintinn
Mi nor
Sub -collector
Collector
Less than 400
400 - 1,000
Over 1,000
20'
26'
44'
26'
32'
44'
40' - 44'
44' - 50'
60' - 66'
None
One or Both Sides
Si
One or Both 5
0.5 - 1000
0.5% - l0%
0.5% - 8`3
20
25
30
7 ton
7 ton
9 ton
IADT (Average Daily Traffic) is used as a measure of the number of vehicles
using a road during an average 24-hour period, but does not account for the
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rage:bl
peak load period. - Design Hourly Volume (DHV) which considers peak
loads, would be a better measure for that purpose.
2Values shown are minimum. Conditions may require variations in pavement
widths.
3Lack of specific requirements may make sidewalks on one or both sides of
subcollectors and collectors unnecessary.
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4Values shown are a range. Topographic conditions may require variations.`
5As defined in the Minnesota Highway Department Road Design Manual.
5. Application, Review and Administration Procedures. !
The general sequence for application, review and action
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on a R.P.M. shall be actor ung to t e o ow ng
requirements:
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a. Application for a R.P.U.D. shall be made by the owner of
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the property except than an option holder may apply for
a R.P.U.D. provided his application is accompanied
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by a signed statement indicating no objections from
the owner or owners of all properties involved in the
application.
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b. At least three (3) weeks before consideration by the
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Planning Commission, the applicant stall submit a
Statement of Concept and a Concept Sketch Plan to the
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Planning Commission -Staff for approval in principle
prior to submission of a formal application for `a
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R.P.U.D. Conditional Use Permit. The purpose of the
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Concept stage is to inform the City of the applicant's:
intentions and to inform the applicant is to the general
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acceptability of the proposal before extensive costs
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are expended by the applicant. The Concept application
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shall contain as a minimum the following exhibits:
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(1) Location Maps showing the location within the City'
and more detailed locations on half -section 'plat
maps showing ali perimeter property lines.
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(2) Names and addresses on mailing labels of all the
owners for parcels under consideration and of all;
owners within five hundred (500) feet.
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(3) A Written Statement of Consent of all owners of
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property within the R.P.U.D.•District.
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(4) A General Statement of Concept explaining the
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land uses,proposed inrelationshipto the
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Comprehensive Plan; public lands, parks and
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open space and their intended ownership; avail-
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ability and timing of public utilities, tentative
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staging and sequence schedule; financial capa-
bilities of proposed developer(s); other exhibits
relating to land characteristics that will affect
the Concept of Development.
c. The Planning Corarission Staff shall submit a written
review along with the applicant's plans to the Planning
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Commission prior to their meeting to consider the
proposal. The review shall'contai'n.
(1) Relationship of proposal to the surrounding
neighborhood.
(2) ;Compliance with City ordinances and the Compre-
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hensive Plan.
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(3). Recommended action.
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d. The Planning Commission shall hold an informational
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public meeting (not the required public hearing) (.f
all -interested parties. Property owners within five
hundred (500) feet of the proposal shall be notified
in writing although failure of any such owner to receive
notice shall not invalidate the proceedings. The
property shall be posted with a notice of the date
and place of the meeting. The applicant shall be
present to discuss the proposal and answer questions
concerning the proposal.
e. The Planning Commission shall make its recommendation
on the Concept Plan to the City Council within
thirty (30) days of the informational meeting.
f. The City Councilwill take action on'the Concept Plan.
Approval :of the'Concept Plan shall be iimited to the
general acceptability of the; land use%-hpropased and
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their interrelationship. Such actionl. 1n no,
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Way, bind :the Council to subsequent action on more
detailed. plans.
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gIf. the Concept Rtan is'approved by the City Council,
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the applicant may then proceed to submit a Preliminary
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Plan as'described below.
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h. Application for a R.P.U.U. Conditional Use Permit shall
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be filed with the Planning Commission Staff together
with the required number of copies of the following
plans and information `
(1), All information required in the Subdivision
Ordinance for a Preliminary, Flat.
(2)` Al information required in the Zoning Ordinance
for rezoning if the property`is'proposed tobe
rezoned.
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(3') location maps as required in the Concept Stage.
(A) Preliminary site plan for the total parcel.
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(5)- General location of proposed structures.
(b) Amenities to be provided, such as recreational
areas, open space, walkways, etc.
(7) General location of parking areas.
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(S) Preliminary architectural concept plans (may be
perspective character sketches or a model).
(9) Tabulation of total area, area and percentage
in each category, densities of residential areas,
parking provisions, etc.
irdi.nance tics. '7414'
Page Elg I It _
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(10) A, Natural Resource Analysis containing the existing
vegetati-on areas consisting of forest and woodlots
as well as wetlands and wetland vegetation the
geoTogy, slope, soil and ground water characteristics'
of the site; existing lakes, streams, ponds,
drainage swales, run-off settling areas, and flood-
pla ns must be identified; analysis-of the rela-
tionship of
ela-tionship'of the proposed use of the existing natural,;
conditions listed above.
(11) Circulation including vehicular and, pedestrian
movement throughout the site, relationship to
the City Thoroughfare Plan and the adjoining land,
a descriptive statement of objectives and standards
for the various circulation elements and the pro-
posed jurisdiction of each component.
(12) Densities and distribution for the various resi-
dential categories, projected occupant characte:- r.
istics, and projected market sales price of the hous-`
ing units. These tabulations. wilI be used to
evaluate the adequacy of living space, open space,
educational facilities, utility systems, traffic
generations and other services both public and
' private.
(13). Mass grading indicating which areas must be
adapted to allow the development proposed and
hour it will visually and physically affect adjoin i
?. ing lands, and what soil erosion and sediment ` G
' controls are to'be employed:
(14) Staging plan indicating geographic staging and
?; approximate sequence of the plan or portions
t; thereof.
'E i•. The Planning Commission will hold a public hearing or
hearings on the R.P.M. Preliminary Plan Conditional
�I Use Permit, Preliminary Plat and Rezoning in the
�i manner prescribed in SECTION '22.
J. The Planning Commission,after holding the public
i; hearing, shall make its recommendations to the City
Council` for approval; approval with conditions; or
denial, of the Conditional Use Permit for a R;P.U.D.,
i, preliminary plat and rezoning if'considered. Such
recommendations shall be made within'sixty (60) days
of the close of the hearing unless the applicant files
a written request to the Planning Commission for delay.
If the Planning Commission does not make its recom-
mendations within the specified time period and a
delay has not been requested by the applicant, the
City Council may take action on request by the appli-
cant.
The Planning Commission shalt forward to the City
Council its recommendations based on and including,
but not limited to the following:
(1) Compatibility with the stated purposes and intent
of the Residential Planned Unit Development.
(2) Relationship of the proposed plan to the neighborhood
in which it is proposed to be located, to the
City's Comprehensive Alan and to other provisions
of the Zoning Ordinance.
(3) Internal organization and adequacy of various
Ordinance No. 74-8
Page Nine is
uses or densities; circulation and parking
facilities; public facilities; recreation
areas and open spaces.
k. The City Council takes action on the R.P.U.D.
Conditional Use Permit, preliminary plat and re-
zoning. If approved by the City Council, the R.P.U.D.
Plan is attached to and is a part of the Conditional
Use Permit. The Zoning Administrator shall then make
a notation on the Official Zoning Map designating
the area as a R,P.U.D. whether or not a zoning change
was made. A number shall be assigned each R.P.U.D.
in sequence through each year (i.e. R.P.U.D. 74-1. .).'
1. A Final Plat and Site Plan shall be submitted to the
Planning Ccm,iission Staff for all or a part of -he
R.P.U.D. within ninety (90) days after City Council
approval of the R.P.U.D. Conditional Use unless a
written request for an extension is submitted by the
applicant. If an application for Final Plat approval
or a re uest for an extension is not received within
ninety �90) days, the R.P.U.D. will be considered
abandoned and a new application for a R.P.U.D.
Conditional Use Permit must be submitted. There
shall be maximum extensions of not more than one (1)
year.
m. The Planning Commission shall review the Final Plat
and Site Plan at its first regularly scheduled meeting
which occurs thirty (30) days after filing of the
application for Final Pian approval.
The Final Plat and Site Plan shall be in substantial
compliance with the approved Preliminary Site Plan
and Plat. Substantial compliance shall mean:
(1) The number of residential living units has not
been increased.
(2) The floor area of non-residential uses has not
been increased.
(3) Open space has not been decreased or altered
to change its original intended design or use.
(4) All special conditions prescribed on the Pre-
liminary Site Plan and Plat by the City Council
have been incorporated into the Final Site
Plan and Plat.
n. The application for R.P.U.D. Final Site Plan and Plat
approval shall be accompanied by the fol -owing plans j
and data: i
(1) A plan with locations of all structures including
placement, size, and type with existing and
proposed topography showing two foot contour
intervals.
(2) Preliminary architectural delineations including
but riot 1 i i d teci to building plans, elevations
and sections together with preliminary specifica-
tions. These plans and specifications are
applicable to all structures other than single-
family detaci-,ed dwellings. !
Ordi n -Ince No. 74-3
Page Ten
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(3) Elevations or sections throunh the site which
will best indicate the relationship of the buildings)
with the various terrain features and site
elements.
(4) Grading and drainage plan at two foot contour
intervals.
(5) Utility plans for all public utilities.
(6) Landscape plan prepared by a professional
landscaper.
(7) Si_:ning and lighting plans.
(8) Deed restrictions, covenants, agreements, by-
laws or proposed homeowner's Association and other
documents controlling the use of property, typa
of construction or development or the activities
of future residents.
(9) The procedures for approving and recording of
final plats shall be followed.
(10) Any other information which is necessary to fully
represent the intentions of the R.P.M.
When the Final Site Plan and Plat are approved by the
City Council, the Final Site Plan and all supporting doc-
uments will be filed in the R.P.U.D. Conditional Use
Permit file and together they will form the conditions j
of the permit. j
If the final Plat is not recorded with Hennepin County
and the Development Contract is not fully executed
with all required bonds posted within six months of
the date said Final Plat and Development Contract were
approved by the City Council, then the Conditional
Use Permit for the R.P.U.D. shall become null and void.
p. Building permits shall not be issued for -any of the
structures or land alterations shall not be made
until the following conditions are met:
(1) Public open space has been deeded to the City
and officially recorded.
(2) A Development Contract has been approved and exe-
cuted by all required parties.
(3) The Homeowner's Association by-laws, covenant:, and
deed restrictions have been approved by the City
Attorney and officially recorded.
(4) The construction plans for proposed structures have
been approved by the Building Official.
(5) The Final Plat has been approved by the City an.:
recorded with appropriate governmental agencies'as
required by law. Such recorded 'plats shall contain
a staterient ir0 cating that such plat is a part
of Planned Unit Development too. , City of
Plymouth.
(6) All detailed Site Plans have been approved by
the City Council.
Page Eleven
6._ General Regulations.
a. Rules and Regulations:
The Planning Commission and City Council may from
time to time amend or vary the application and review
procedures and the quantity and type of documents
to be presented.
b. Plan Changes:
The Zoning Administrator may authorize minor changes
in the location, placement and height of structure;
after the Final Site Plan has been adopted, however',
any change in use, provisions of open space and any
other major change shall be made only after public
hearing by the Planning Commission and adoption by
the City Council. Any such changes shall be recorded
as amendments to the Final Plan, i
c. Certification of Plans:
All architectural and engineering plans shall be de- #
signed and certified by a professional architect
or engineer registered in the State of Minnesota.
The site plans maybe prepared by a professional
site planner, but must be certified by a registered
engineer or-arc",tect.
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d. Annual Review:
i The Zoning Administrator shall review each R.`P.U.O.
at least once each year. until completed and shall make a
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;1 report '(through the Planning Commission) to the Council
on the 'status of the development in each P.U.D. If
development is not progressing reasonably well,
according to schedule, the owner shall be required to;
submit a statement to the Zoning Administrator setting l
forth the reasons for the lack of progress. if the' !�
?� Council finds that the development has not occurred
according to the -established development schedule
or is not otherwise reasonable in the view of the
Council, the Council may revoke the Conditional Use
Permit and all development shall cease until a revised;
fl schedule is approved.
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" e. Ownership:
Application for a R.P.U.D, may be made only by the owner
of the land involved in the application, or 6y his
duly authorized representative, except that a long-
term option or contract holder may apply, provided
his application is accompanied by fu-ly executed agree-
ments.or documents from the owner stating that -he has
no objections and is joining in ihe same as his interest
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may appear, The applicant must furnish with .the Pre-
liminary Plat one (T) copy of an>up-to-date certified
+ abstract of title, registered property report, or
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other evidence as the City Attorney may requireshowing
title or control by the applicant or other consenting
owners.
< f. Withdrawal:
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Any application for a R.P.U,D, may be withdrawn-
by the applicant at any time prior to filing the
required Final Plat thereof as required in the
Subdivision Regulations or at any timpe during
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Page N61ve'
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the approval process.
9. Miscellaneous; Signs, parking.facilities and any
other provisions not specifically discussed in this
R.P.U.D. Section shall be regulated.by regulations con-
tainedDelsewhere in this Ordinance or other applicable
ordinances, laws, or regulations."
Section Z. Effective Date. This Ordinance shall take effect upon