04-020-O

ORDINANCE NO. __________

AN ORDINANCE AMENDING CHAPTER 50 OF THE DULUTH CITY CODE,1959, AS AMENDED; ADDING A NEW SECTION 50-37 TO PROVIDE FOR THE REGULATORY CONTROLS FOR PLANNED UNIT DEVELOPMENTS.

BY COUNCILOR GILBERT:

The city of Duluth does ordain:

Section 1. That Chapter 50 of the Duluth City Code, 1959, as amended, be amended to add a new Section 50.37 to read as follows:

Sec. 50.37. Planned unit developments - findings of fact and statement of purpose.

The city council hereby finds that a variety of planning tools are necessary for the public good. The planned unit development (PUD) is such a tool and is intended to bring land uses into compliance with a comprehensive neighborhood or city plan. To encourage, provide for, and permit flexibility of site design and architecture through a more efficient use of land and public services by allowing more flexible means of land development or redevelopment than is otherwise afforded through the strict application of the requirements of this chapter. Although PUDs deviate in certain aspects from a literal application of this chapter and platting regulations, PUDs should fulfill the goals and objectives of the comprehensive plan or applicable neighborhood study, while allowing freedom of design which will provide for developments that will achieve a majority of the following goals and objectives:
(a) Protect or preserve environmentally sensitive areas;
(b) Promote infill development and allow higher density development than the surrounding uses;
(c) Utilize energy efficient structures;
(d) Provide efficiency of utilities and roadways;
(e) Create or enhance a sense of community or neighborhood;
(f) Provide connections to neighborhood and regional amenities;
(g) Promote aesthetically sensitive development which preserves natural and scenic qualities of a landscape and provides visual amenities;
(h) Provide for safe and attractive pedestrian movement;
(i) Provide for convenient public transit;
(j) Are compatible or complementary to surrounding developments or which are well buffered by means of landscaping or other natural land features from differing or incompatible land uses surrounding the site;
(k) Are equal to or surpass the quality of conventional development.

Sec. 50-37.1. Definitions.

For purposes of sections 50-37 through 50-37.19, the following definitions shall apply:
(a) Residential planned unit development (R-PUD). A residential development of varying densities and housing types which is limited to residential uses, and provides flexibility from the strict compliance with zoning and development regulations of the underlying zoning district regulations or land use recommendations of a comprehensive plan for an area of the city;
(b) Campus business parks (CPB-PUD). A business office development which is limited to specialty offices, provides a park like setting with generous natural or manmade landscaped areas and open spaces, and provides for flexibility to the strict zoning and development regulations in a manner which is based on the underlying zoning district regulations or land use recommendations of a comprehensive plan for an area of the city;
(c) Light industrial, technology, manufacturing development (ITM-PUD). A development of light industrial, high technology or manufacturing uses which do not produce deleterious effects on the surrounding properties;
(d) Mixed use development (MXU-PUD). A development offering mixed land uses which may include recreational, residential, neighborhood-oriented retail, business offices and institutional services.

Sec. 50-37.2. Allowable uses.

(a) PUDs may be utilized to accommodate the following uses:
(1) R-PUD;
(2) CBP-PUD;
(3) LTM-PUD;
(4) MXU-PUD;
(b) PUDs may be used only when the following criteria exist:
(1) Vacant land areas where strict compliance with conventional regulations may result in poor development, may restrict the achievement of the comprehensive plan or neighborhood study area, or may not meet those changes in technology and development demands that are in the best interest of the city;
(2) Built-up, aged or infill areas needing rehabilitation, redevelopment or where private investment should be encouraged to contribute to redevelopment; where higher residential densities or mixed uses will provide needed housing or employment opportunities.

Sec. 50-37.3. General requirements and standards.

The following requirements and standards shall apply to all PUDs regardless of type:
(a) A PUD application must be filed by all owners of the land included in a proposed development. In the case of multiple ownership, the approved final plan shall be binding on all parcels involved. The developer shall have a property interest in the site which shall consist of a fee simple title, or an option to acquire fee simple title within a specified time period, or a leasehold interest in excess of 30 years;
(b) The PUD shall be consistent with the recommendations of any previously adopted comprehensive plan, neighborhood plan, study area, and the intent and purpose of City Code provisions relating to underlying zoning and subdivision regulations. In an instance where the underlying zoning is in conflict with a comprehensive plan, neighborhood plan, or study area, the comprehensive plan shall take precedence and the PUD shall become the zoning control within the boundaries of the PUD;
(c) Except as provided in Section 50-37.3(i), the PUD shall provide for common open space at least sufficient to equal the minimum density requirements established in this Chapter;
(d) Whenever joint common open space, recreational facilities or service facilities for individual owners or users are provided within the PUD, the PUD plan shall provide reasonable assurance of adequate operation and maintenance of the open space, recreational facilities and service facilities;
(e) The total area of common or public open space or security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD;
(f) Whenever a PUD is to be developed in stages, no stage shall, when averaged with all previously completed stages, have a residential density that exceeds 120 percent of the proposed residential density of the entire PUD;
(g) All utilities shall conform to city standards;
(h) The PUD shall be carefully phased to ensure that the development will not cause an unreasonable burden upon city services and utilities;
(i) The density of a PUD shall conform to the zoning district or comprehensive plan area in which the project is located, except that density increases of up to 20% for each residential use category may be allowed at the discretion of the city council, as an incentive for including the following features determined to be of benefit to the public:
(1) Significant undeveloped common or public open space;
(2) Significant improved common open space;
(3) Distinctiveness and excellence in setting design and landscaping'
(j) Site improvements shall meet all engineering and design standards of the city departments and other applicable state laws and regulations.

Sec. 50-37.4. Special requirements and standards.

The following requirements and standards shall apply to the specific types of PUDs:
(a) All R-PUDs shall meet the following criteria:
(1) The area, site or tract for which a permit is requested shall consist of a minimum of one acre of land. The tract shall have access for ingress and egress and all utilities which meet city engineering standards;
(2) The front and side yards at the periphery of the R-PUD shall at a minimum meet the requirements of the R district zone of the density requested for the PUD (see Article II of this Chapter). Setbacks from the periphery shall also consider the adjacent zoning classifications;
(3) No structure shall be located less than 15 feet from the front lot line along internal roadways;
(4) No structure within the project shall be nearer to another structure than the requirements of the R district zone of the density requested for the PUD (see Article II of this Chapter);
(b) All campus business parks, light industrial, technology and manufacturing planned unit developments shall meet the following criteria:
(1) The area, site or tract for which a permit is requested shall consist of a minimum of ten acres of land. The tract shall have not less than 200 feet of frontage for ingress and egress and utility access which meets city engineering standards;
(2) The front and side yards at the periphery of the PUD site shall at a minimum meet the requirements of the zoning classification which is most comparable to the uses to be included in the PUD (see Article II of this chapter). Setbacks from the periphery shall also consider the adjacent zoning classifications;
(3) No structures or parking, service or storage areas shall be located within the side or rear setbacks for the adjoining zoning classification or closer than 20 feet from the front lot line along roadways within the PUD, nor 50 feet from any lot line along an external roadway;
(4) The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage;
(5) PUDs abutting a residential or suburban zone shall have an unaltered buffer area or screened with a natural landscape of not less than 50 feet in width;
(6) PUDs containing wetlands or trout streams regulated by state law or Chapter 51 of the City Code shall have an unaltered buffer area with a natural landscape of not less than 75 feet and not more than 150 feet in width from the edge of the wetland or the ordinary high water mark of the stream;
(c) Mixed use planned unit development shall meet the following criteria:
(1) The area, site or tract for which a permit is requested shall consist of a minimum of two acres of land. The tract shall have not less than 100 feet of frontage for ingress and egress and utility access which meets city engineering standards;
(2) The front and side yards at the periphery of the PUD site shall at a minimum meet the requirements of the zoning classification which is most comparable to the uses to be included in the PUD (see Article II of this Chapter). Setbacks from the periphery shall consider the standards of adjacent zoning classifications.

Sec. 50-37.5. Application procedure; general requirements; fees.

Approval of a PUD shall proceed in four phases which shall consist of a preliminary review, concept plan review, development plan review, and final plan review. Each phase shall constitute a new request related to zoning and shall require a separate application and payment of applicable fees. The following general requirements shall apply to each phase of development:
(a) Except as provided in Section 50-37.12, for each phase the applicant shall file an application with the city clerk, on forms to be provided by the city, which is consistent with the requirements set forth below for each phase and pay the applicable fee. Except provided below, each phase requires a separate approval. The purpose of any fees is to defray the cost of reviewing and hearing such applications. Fees are not refundable;
(b) All application forms shall be prepared in a typewritten format consistent with the font requirements applicable to plans and reports. All plans and reports shall be submitted on 8-1/2 inch by 11 inch paper format and on computer disc in a WordPerfect compatible format. Font size of all text shall be no less than 12 point type. Except as provided below, the scale of maps shall be at least one inch to 200 feet. Maps for sites less than 40 acres shall be at least one inch to 100 feet. One map set shall also be provided on 11"x17" paper format.

Sec. 50-37.6. Application procedure; preliminary review.

The applicant shall file an application for preliminary review and pay to the city clerk the filing fee as established by council resolution. The clerk shall issue a receipt and refer the application to the planning division of the department of planning and urban development. Within ten business days of filing, the planning division shall confirm receipt of the application.
(a) The application shall include the following:
(1) The applicant's name, address, phone number and e-mail address, if available;
(2) A general description of the proposed PUD which identifies the area to be included within the PUD, those streets which form the boundaries of the PUD, and the type of PUD;
(b) Upon confirmation of application receipt, the applicant shall arrange for and attend a conference with the planning division of the department of planning and urban development. At the conference, the applicant shall be prepared to describe the proposal with conceptual plans at a scale sufficient to determine qualification for PUD and preliminarily assess the needs and general impacts of the project;
(c) Within ten business days after the preliminary review conference, the city shall provide written certification that the applicant has participated in the preliminary review. Upon receipt of such certification, the applicant may proceed through the remaining phases of PUD development.

Sec. 50-37.7. Application procedure; general concept plan review.

Upon certification of the completion of the preliminary review conference, the applicant may apply for general concept plan review. The applicant shall file a signed application for general concept plan review and pay to the city clerk the filing fee as established by council resolution. The clerk shall issue a receipt and refer the application to the planning commission. The planning commission shall consider, at a public hearing, the proposed general concept plan and shall determine whether the proposed concept plan conforms to the comprehensive plan, or neighborhood study, goals, objectives, and policies, satisfies the intent and purpose of the land use, zoning and subdivision regulations. Based on these determinations, the commission shall recommend to the city council that the general concept plan be approved, conditionally approved or denied.
The city council shall consider the general concept plan, the commission recommendation, and other evidence that may be presented. Following such consideration the council shall determine whether the general concept plan is consistent with the public health, safety and general welfare and the comprehensive plan, or neighborhood study, goals, objectives and policies. Based on its determination, the council shall by resolution, approve, approve with conditions or deny the application for a general concept plan approval.

Sec. 50-37.8. Application requirements; general concept plan review.

An application for general concept plan review shall include the following:
(a) The following general information:
(1) The applicant's name, address, phone number and e-mail address, if available;
(2) A copy of the preliminary review certification;
(3) A written project description, describing how the PUD relates to any comprehensive plan, neighbor plan, or current zoning;
(4) The name and address of each person owning or holding interest in the subject property, the nature of that interest and proof of land ownership;
(5) The names and addresses of all professional consultants contributing to the development of the PUD application, including, but not limited to, any planner, engineer, surveyor and attorney;
(6) Address and legal description of each parcel of land to be included within the PUD;
(7) A map depicting existing zoning and present use of each parcel of land to be included within the PUD, and all lands within 350 feet of the PUD boundaries, and including the location of existing streets, property lines, easements, water mains, storm and sanitary sewers, with invert elevation on and within 100 feet of the PUD boundaries;
(8) The comprehensive plan or neighborhood study applicable to the area included within the PUD;
(b) Where deemed necessary by the city, graphic reproduction of the existing site conditions at a scale consistent with the submission standards shall be submitted and shall contain the following:
(1) Topography contours at two foot intervals;
(2) Location, type and extent of tree cover;
(3) Slope analysis;
(4) Water bodies, wetlands, streams and flood plains on and up to 300 feet from the project;
(5) Soil conditions, rock outcroppings; drainage patterns;
(6) Vistas and significant views;
(c) A land coverage map or maps showing the location and square footage of all areas of the site to be covered by impervious surfaces and the percentage of each related to the total site. All areas of the site in which the natural vegetative cover will be altered shall be identified and the percentage by type of change shall be identified with the amount of area in acres or square feet and the percentage of each related to the total site;
(d) Proposed transportation facilities shall include the following or a statement as to why such facilities are not to be provided:
(1) Paths or bikeways;
(2) Major and local thoroughfares;
(3) Location and definition of trash removal systems;
(4) Location and definition of industrial and commercial delivery areas and systems;
(5) Identification by function of principal arterial, collector streets and local streets;
(e) The following parking area information shall be shown:
(1) Paving types for all parking areas;
(2) Landscaped areas in and around parking areas;
(3) Number of residential units or square footage of other uses served and the number of parking spaces for each use;
(f) A land use component consisting of a map or maps and a report setting forth the location, and extent of the acres (or square feet) of land devoted to each category of land use proposed as part of the plan of development. The uses may include single family residential, mixed types of residential, retail shopping facilities, office facilities, service facilities, education, religious, recreation, public and semi-public facilities or other categories of public or private uses of land. The land use component shall also contain a descriptive statement of objectives, principles, and standards used in its formulation;
(g) A population report of the standards of population density and building intensity for the various proposed land uses. Any public or subsidized housing shall be identified to include an explanation of the assistance program and the number of units affected. The report shall also contain a descriptive statement of objective, principles, and standards used for its formulation;
(h) A services and facilities report which shall contain a map or maps setting forth the general location and extent of any and all existing or proposed systems for sanitary and storm sewerage, water supply and distribution, refuse disposal drainage, local utilities and right-of-way easements, facilities and appurtenances necessary for the systems.

Sec. 50-37.9. Application procedure; development plan review.

Upon approval of the general concept plan, and within the time established by this Section, the applicant shall file a signed application for development plan review and pay to the city clerk the filing fee as established by city council resolution. The clerk shall refer the plan to the planning commission. Unless an application for development plan review covering at least ten dwelling units or the area designated in the general concept plan as the first stage of the PUD, which ever is greater, has been filed within 12 months from the date of general concept plan approval, or in any case where the applicant fails to file development stage and final plans and to proceed with development in accordance with the provisions of this Section and of an approved general concept plan, the approval shall expire. The council, at its discretion, may extend the filing deadline for a development plan review, when, for good cause shown, the extension is necessary. Any request for extension must be filed not later than 30 days prior to the expiration of the general concept plan approval period.
The planning commission shall consider, at a public hearing, the proposed development plan and shall determine whether the proposed development plan conforms to the approved general concept plan. Based on these determinations, the commission shall recommend to the city council that the development plan be approved, conditionally approved or denied.
The city council shall consider the development plan, the commission recommendation, and other evidence that may be presented. Following such consideration the council shall determine whether the development plan is consistent with the approved general concept plan. Based on its determination, the council shall by resolution, approve, approve with conditions or deny the application for development plan approval.

Sec. 50-37.10. Application requirements; development plan review.

The development plan application shall consist of the information and submissions required by Section 50-37.8 for the entire PUD or for one or more stages of the PUD in accordance with a staging plan approved as part of the general concept plan. The development plan shall refine, implement, and be in substantial conformity with the approved general concept plan. At the time the application for development plan review is filed, the applicant shall apply for all other development related permits or petitions in accordance with the procedures established by city code for those approvals. Development plan submissions shall depict and outline the proposed implementation of the general concept plan for the PUD.
Information from the general development plan for the PUD may be included for background and to provide a basis for the development plan. The development plan application shall include but not be limited to:
(a) A list of the city actions and permits necessary for implementation of the proposed plan;
(b) Six sets of the plans, drawn to a scale of not less than one inch equals 100 feet (or scale requested by city staff) containing at least the following information:
(1) Name of the development which shall not duplicate nor be similar to the name of any other project or plat recorded in St. Louis County;
(2) Property boundary lines and dimensions, topography and physical features of the property;
(3) Location, size, use and arrangement, including height in stories and feet and total square footage of ground area coverage and floor area, of proposed buildings, and any existing building which will remain;
(4) Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all circulation elements;
(5) Location, designation and total area of all common open space;
(6) Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities;
(7) Proposed lots and blocks, if any, and numbering system;
(8) Location, use and size of structures and other land uses on adjacent properties;
(9) Preliminary sketches of proposed landscaping;
(10) General grading, drainage and sedimentation and erosion control plans for the developed PUD;
(11) General lighting plan for streets, parking areas and nonresidential buildings;
(12) Any other information that may have been required by the city council in conjunction with the approval of the general concept plan;
(c) An accurate legal description of the entire area within the PUD for which development plan approval is sought;
(d) Preliminary architectural plans which shall indicate use, floor plan, elevation and exterior wall finishes of all proposed buildings;
(e) A detailed site plan, showing the physical layout, design and purpose of all streets, easements, rights-of-way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structures, including manufactured housing, and uses;
(f) A preliminary grading and site alteration plan illustrating changes to existing topography and natural vegetation. The plan should clearly reflect the site treatment and its conformance with the approved general concept plan;
(g) A preliminary plat, prepared in accordance with city platting regulations if applicable;
(h) A soil erosion and sedimentation control plan clearly illustrating erosion and sedimentation control measures to be used during construction.

Sec. 50-37.11. Application procedure; final plan approval.

The purpose of the final plan approval is to provide a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modification of the plans resulting from the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.
Unless a final plan covering the area designated in the development plan as the first stage of the PUD has been filed within six months from the date of development plan approval, or in any case where the applicant fails to file final plans and to proceed with the development in accordance with an approved development plan, the approval shall expire. The council may, at its discretion, extend the file deadline for any final plan when, for good cause shown, the extension is necessary. If development plan approval expires, the general concept plan approval and the development plan approval for that portion of the PUD that has not received final plan approval shall expire and shall have no force and effect.

Sec. 50-37.12. Application requirements; final plan approval.

Upon approval of the development plan, and within the time established, the applicant shall file with the secretary of the planning commission an application for a final plan consisting of the information and submission required for the entire PUD or for one or more stages. The final plan is intended only to add administration detail to, and to put in final form, the information contained in the general concept plan and the development plan and shall conform to the development plan in all respects.
After approval of a general concept plan and approval of a development plan for a stage of the proposed PUD, the applicant shall submit the following material for review by the secretary of the planning commission prior to the issuance of any building or related permits:
(a) A detailed landscaping plan;
(b) Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the organization of any legal entity that is to be responsible for the management and maintenance of any public or common open space or service facility;
(c) All certificates, seals and signatures required for the dedication of land and recordation of documents;
(d) Final architectural working drawings of all non-single family structures;
(e) Final engineering plans and specifications for streets, utilities and other public improvements, together with all required development agreements for the installation of the improvements and financial guarantees for the completion of the improvements;
(f) Any other plans, agreements, or specifications reasonably necessary for the city staff to review the proposed construction.

Sec. 50-37.13. Final plan approval; appeal procedure.

Upon approval of the final plan, the secretary of the planning commission shall mail written notice of such approval. If final approval is denied, the secretary shall provide written notice of the reasons for denial which notice shall state the date upon which the denial was mailed. The applicant may appeal denial of final approval to the planning commission by filing a written notice of appeal with the secretary of the planning commission within 15 days of the date the notice of denial was mailed. In the appeal the applicant shall specify the grounds and reasons for such appeal. The planning commission shall hear any such appeal within 30 days, and may affirm or overrule the secretary's denial. All reasons affirming denial of final plan approval shall be set forth in writing. The decision of the planning commission is final.

Sec. 50-37.14. Final plan approval; post approval submissions and requirements.

Within ten business days of notification by the secretary of the planning commission the applicant shall cause the final plat, for the portion of the final plan as appropriate, to be recorded with the county recorder or registrar of titles and shall file evidence of such recording with the secretary of the planning commission.
(a) Except as otherwise expressly provided in this section, upon receiving written notice of approval from the secretary of the planning commission and evidence that the final plat is recorded and all conditions of approval satisfied, the city building official may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final plan. No such permit shall be issued except upon proper application and after the requirements of all other applicable codes and ordinances have been satisfied;
(b) Within 12 months after approval of a final plan, construction shall commence in accordance with the approved plan. Failure to commence construction within such period shall automatically render void the PUD permit and all approval for the final PUD plan. The council, at its discretion, may extend the time for commencement of construction when, for good cause shown, the extension is necessary. Any request for extension must be filed not later than 30 days prior to the expiration of the 12 month period.

Sec. 50-37.15. Method of withdrawing an application for a permit.

Any application for a PUD permit may be withdrawn by the applicant at any time prior to filing the required final plat. If no platting is required in connection with the PUD application, then at any time prior to physical implementation of the approved permit, such as the commencement of site preparation at the permit site.

Sec. 50-37.16. Method of amending a planned unit development permit.

Any desired change involving structural alteration, enlargement or intensification of uses not specifically allowed for by the PUD permit, shall require that an application be filed for a permit amendment. All procedures shall apply as if an application had been made for a new permit.

Sec. 50-37.17. Method of cancellation of a planned unit development permit.

Any approved PUD permit shall be deemed to be canceled if the owner of the land involved in the permit applies for and receives a rezoning with respect to the property prior to the time that there is any physical implementation of the matters covered by the previously approved PUD permit. It shall be also deemed to be automatically canceled in the event that a final plat, if required, is not filed as required by and in accordance with the terms of the PUD permit.

Sec. 50-37.18. Information requirements; additions - exceptions.

The city staff, planning commission or city council may require the submission of any additional information or documentation which it may find reasonably necessary or appropriate to full consideration of the proposed PUD or any aspect or stage of the PUD. The council may, by resolution, excuse any applicant from submitting any specific item of information or document required by this section which it finds to be unnecessary for the consideration of the specific proposal for PUD approval.

Sec. 50-37.19. Record keeping.

The secretary of the planning commission shall maintain a record of all PUD permits issued including information on the use, locations, conditions imposed, time limits, review dates and such other information as may be appropriate. Planned unit development permits granted shall be clearly noted on the zoning maps contained in appendix to Chapter 50.

Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance is intended to provide another planning and development tool that enables the city to offer a flexible development method within a standard driven framework. By allowing developers to use innovative planning and development approaches which are sensitive to environmental concerns and existing land use patterns, new development will be more efficient and cost effective. Such intelligent development results in additional tax base for the community, without causing negative effects to the environment and current land uses. Communities throughout the country have implemented similar development tools which have proven effective in responding to traditional development patterns that contribute to urban sprawl. This ordinance was developed after studying numerous ordinances from around the country and incorporates the most successful approaches.