HomeMy WebLinkAboutRPUD Ordinance Final Draft for Adoption To: Mayor Peterson and Councilmembers
Ron Moorse, City Administrator
From: Mike Galion, Planning Director
Date: February 23, 2001
Subject: #2631 RPUD Ordinance Final Draft for Adoption
List of Exhibits
A - Final Ordinance Draft in Adoption Format
B - Summary Ordinance for Publication
Council tabled this item on February 12 for additional review at the February 22 work session.
Councilmembers had a few concerns regarding applicability of the RPUD District to Shoreland
properties, and about the potential RPUD impact on future development in the City. These were
reviewed in the memo of February 16 which was discussed at the work session. Councilmember
Flint also suggested some relatively minor changes which were incorporated into a 6"'draft that was
distributed at the work session. As a result of the discussions, since the February 12 version the
ordinance has been revised as follows:
1. Subd. 5(A)2 on Page 3: 5-acre Minimum. For the second potential finding which would
allow Council to allow RPUD zoning for a parcel of less than 5 acres, "public street" has
been substituted for"right-of-way"in terms of defining adjacency to an existing RPUD zone.
2. Subd. 5(A) on Page 3: Shoreland Applicability. Council concluded that no property nor
portion of a property within 250' of the shoreline of a protected lake or tributary may be
rezoned to RPUD. The language has been revised to allow RPRD development within the
Shoreland District but not within 250' of the shoreline.
3. Subd. 5(E) on Page 4: Incentives. The language allowing the use of incentives for
affordable and moderate cost housing has been revised to require a 20-year assurance rather
than merely a "specific period of time" for keeping units affordable.
4. Subd. 5(F) on Page 5: Hardsurface. Maximum hardsurface coverage for a"High-density
residential" (>6 units per acre)RPUD site has been reduced from 70%to 50%,matching the
standard for low/medium density residential(the senior housing site plan is currently at about
45% and may end up slightly lower depending on final road configuration).
5. Subd. 5(G)2 on Page 6 and Subd 5(H)8 on Page 7: Height of Buildings. The height
standard language has been revised to omit the 2-1/2 story requirement, since the language
"30 feet or 2-1/2 stories"was confusing and difficult to interpret. For multi-family buildings
{Subd. 5(G)6} the height standard will be 30 feet, but for properties currently zoned or
guided in the CMiP for commercial use, height may exceed 30 feet but may not exceed 3
stories. For single-family uses in RPUD {Subd. 5(H)8}, building height will be limited to
30 feet.Note:Staff will be proposing a similar Code change to the height standard for all other
districts in the near future!
RPUD Ordinance
February 23, 2001
Page 2
6. Subd. 5(H)6 on Page 7: Side setbacks for Single-family. Language has been revised to
require the side yard setback for a RPUD single-family lot that abuts another residential
zoning district,to meet the side yard setback of that adjacent district.
7. Subd.5(N)2(a)on Page 10:Minimum Landscape Value. The Minimum Landscape Value
table has been replaced by a new table defining the minimum numbers of trees & shrubs
required based on the size of the building or site perimeter. This reduces the possibility of
a developer meeting the landscaping obligation by installing a few high-value landscaping
amenities and leaving the remainder of the site under-landscaped. It also makes application
of the ordinance more objective and easier to interpret. The proposed numbers of trees are
similar to the numbers appearing in the zoning ordinances for Plymouth and Brooklyn Park.
8. Subd.5(N)3(a)on Page 11: Parking Lot Landscaping. The threshold number of stalls at
which landscape islands must be installed in parking lots has been reduced from 150 to 100.
9. Subd.5(T)on Page 16: Lighting. Section 5(T)on lighting standards has been added.. The
RPUD section merely references that the RPUD district is subject to the lighting
performance standards of the zoning chapter. staff will very shortly be proposing an update of the
lighting standards in the General Performance Standards section of the Zoning Code, which will be
applicable to all districts.
10. Subd.5(U)on Page 17:Trails. Section 5(U)requiring provision of trails at the developers'
expense has been added. Where required. trails will be required within development sites
and/or within public rights-of-way at the City's discretion, will be 8' wide, and will be of
bituminous surface unless the City allows some other material.
11. Various Sections: re: Trails. Where appropriate, the word "trails" has been added to list
of required plan submittals or where trails are noted as a site feature similar to parking areas,
driveways, sidewalks, etc.
Staff Recommendation
Staff recommends adoption of the ordinance as amended. as it appears in Exhibit A. Staff also
recommends adoption of the Summary Ordinance for Publication as it appears in Exhibit B.
COUNCIL ACTION REQUESTED
Motion to adopt the RPUD ordinance and the Summary Ordinance for Publication.
Proposed motion: Moved by ,seconded by_,to adopt Ordinance No. . Second Series.An
Ordinance Amending Chapter 10 of the Orono Municipal Code By Adding Section 10.33,RPUD
Residential Planned Unit Development District: and further adopting the Summary Ordinance for
Publication of said Ordinance. Vote: ayes, nays.
ORDINANCE NO. , SECOND SERIES
AN ORDINANCE AMENDING
CHAPTER 10 OF THE ORONO MUNICIPAL CODE
BY ADDING SECTION 10.33,
RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
The City Council of Orono ordains as follows:
Section 1. Municipal Zoning Code Chapter 10 is hereby amended by adding Section 10.33,
RPUD Residential Planned Unit Development District, to read as follows:
"SEC. 10.33 RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT.
Subd.1. Purpose.The purpose of the Residential Planned Unit Development(RPUD)
district is to provide a district which will allow for the implementation of certain residential
housing goals established in the 2000-2020 Orono Community Management Plan(`CMP' or
`Comprehensive Plan'). The RPUD District is established to accommodate the densities and
types of residential development contemplated in the CMP by incorporating the principles of
the Planned Unit Development concept. The RPUD District will encourage the following:
A. flexibility in land development and redevelopment in order to utilize
new techniques of building design,construction and land development;
B. provision of housing to meet lifecycle, and affordable and moderate
cost housing needs;
C. energy conservation through the use of more efficient building designs
and sitings and the clustering of buildings and land uses;
D. preservation of desirable site characteristics and open space and
protection of sensitive environmental features,including steep slopes,
poor soils and trees;
E. high quality of design and design compatible with surrounding land
uses, including both existing and planned;
F. sensitive development in transitional areas located between different
land uses and along significant corridors within the city; and
G. development which is consistent with the Comprehensive Plan.
Subd. 2. Permitted Uses. Within the RPUD District, no land or structures shall be
used except for one or more of the following uses:
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A. Any `Permitted Use' as regulated in the R-1A District.
B. Multi-family attached dwellings only when consistent with the
Comprehensive Plan, and only within the areas of the City designated
as Urban Area in the Comprehensive Plan.
Subd. 3. Conditional Uses. Within the RPUD district, no land or structure shall be
used for the following uses except by conditional use permit:
A. Public Service Structures. Public service structures, including but not
limited to electric transmission lines. buildings such as telephone
exchange stations, booster or pressure regulating stations, wells, and
plumbing stations, elevated tanks, lift stations and electrical power
substations,provided no building. shall be located within 50' from any
lot line of an abutting lot in an "R" District. Prior to granting such
permit it shall be found that the architectural design of service
structures is compatible to the neighborhood in which it is to be located
and thus will promote the general welfare. Public service structures as
defined above that have been approved by the City at required public
hearings for public improvement projects shall not require a
conditional use permit but such structures shall be subject to all other
appropriate standards set forth in this section;amendments to approved
plans involving design and/or placement of these structures will require
written notice by the City to all affected property owners 14 days prior
to the adoption of the amended plans by the Council. Personal wireless
services and commercial broadcasting antennas and towers shall not be
considered public service structures. Uses allowed by conditional use
permit shall be reviewed for compliance with the PUD master
development plan and with the applicable conditional use permit
standards of this ordinance. Uses allowed by conditional use permit
shall also be subject to site and building plan review pursuant to this
ordinance.
Subd. 4. Accessory Uses. Within the RPUD District the following uses shall be a
permitted accessory use:
A. Any accessory use except for`'Roadside Stands"as regulated in the R-
1 A District.
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B. Privately owned buildings to be used for recreation or social purposes,
or for use as storage areas for maintenance equipment or rubbish.
Subd. 5. Development Standards. Within the RPUD District all development shall
be in compliance with the following:
A. Minimum Area; Shoreland District Limitation.Each site proposed
for rezoning to RPUD shall have a minimum area of five acres,
excluding areas within a designated wetland, floodplain or shoreland
district or right-of-way, unless the Council finds the existence of one
of the following:
1. Unusual physical features of the property itself or of the
surrounding neighborhood such that development as a RPUD
will conserve a physical or topographic feature of importance
to the neighborhood or community;
2. The property is directly adjacent to or across a public street
from property which has been developed previously as a RPUD
or planned residential development and will be perceived as
and will function as an extension of that previously approved
development;
3. The property is located in an area where the proposed
development provides a transition between a commercial or
industrial area and an existing residential area or on an
intermediate or principal arterial as defined in the
comprehensive plan;
4. The property contains steep slopes or a substantial number of
significant trees that could be preserved through the clustering
of buildings or other design techniques not generally allowed
by the existing zoning district.
No property located within 250 feet of the OHWL of a Protected Lake
or Tributary as defined in the Shoreland Management section of the
Orono Zoning Code shall be rezoned to RPUD. However, for a
property that is partially located less than 250 feet from the OHWL and
partially located more than 250 feet from the OHWL, the portion
located more than 250' from the OHWL may be rezoned to RPUD at
the discretion of the City Council when all other requirements are met.
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B. Uses. Each property rezoned to RPUD shall only be used for the use
or uses for which the site is designated in the comprehensive plan,
except that the city may permit rezoning to RPUD on a site designated
for commercial use if the City Council finds that such use is in the best
interests of the city and is consistent with the requirements of this
section. If a commercial site is to be rezoned to RPUD, the city may
forward a copy of the request to the Metropolitan Council for review.
C. Sewer Availability. A site proposed to be rezoned to RPUD with
proposed density greater than 1 unit per 2 acres must be in the MUSA
and must be serviced by municipal sewer.
D. Density. Each development in the RPUD district shall have a density
within the range specified in the Comprehensive Plan for the specific
site. If the site is not designated in the Comprehensive Plan for
residential use,the appropriate density shall be determined by the City
based upon the City Council's finding that such density is consistent
with the intent of this ordinance and of the Comprehensive Plan.
Developments with proposed densities in excess of the densities
contemplated in the Comprehensive Plan shall be allowed only on
properties which are currently zoned and guided for commercial use,
in order to maintain the character and integrity of the areas zoned and
guided for residential use.
E. Incentives. The city may utilize incentives to encourage the
construction of projects which are consistent with the city's housing
goals. Incentives may include modification of density (only for
properties currently zoned and guided for commercial use) and floor
area ratio requirements for developments providing lifecycle housing
and affordable and moderate cost housing. Incentives for affordable
and moderate cost housing may be approved by the city only after the
developer and city have entered into an agreement to ensure that the
low and moderate cost units remain available to persons of low and
moderate income for at least 20 years.
F. Site Coverage. Hardsurface coverages and floor area ratios (FAR's)
shall be limited per the following table:
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Comprehensive Plan Designation Maximum Maximum
Hardsurface Floor Area
Coverage (%) Ratio*
Low or medium density residential 50 0.5
(up to and including,6.0 units per acre)
High density residential 50 1.0
(in excess of 6.0 units per acre)
*FAR=Total Building Floor Area/Total Lot Area
Individual lots within a development in the RPUD district may exceed
these standards as long as the average meets these standards.
G. Development Standards for Attached and Multi-Family Dwelling
Structures. Each site rezoned to RPUD and developed for attached or
multiple family dwelling uses shall be subject to the following
standards:
1. Setbacks and Separation of Uses.Within the RPUD district the
setback for all attached and multi-family dwelling buildings
and their accessory buildings from any bordering or abutting
street line shall be 35 feet for local streets and 50 feet from
railroad lines or collector or arterial streets,as designated in the
comprehensive plan,except that in no case shall the setback be
less than the height of the building. The setback for all
buildings from exterior RPUD site lot lines not abutting a
public street shall be 35 feet except that in no case shall the
setback be less than the height of the building. Building
setbacks from internal public streets shall be determined by the
city based on characteristics of the specific RPUD site. Parking
lots and driving lanes shall be set back at least 20 feet from all
exterior lot lines of a RPUD site. The setback for parking
structures including decks and ramps shall be 35 feet from
local streets and 50 feet from all other street classifications
except that in no case shall the setback he less than the hetjht
of the structure. Parking structure setbacks from external lot
lines shall be 50 feet or the height of the structure, whichever
is greater when adjacent to residential properties; 35 feet when
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adjacent to non-residential properties. Parking structure
setbacks from internal public or private streets shall be
determined by the city based on characteristics of the specific
RPUD site. Where industrial uses abut developed or platted
single family lots outside the RPUD site, greater exterior
building and parking setbacks may be required in order to
provide effective screening. The City Council shall make a
determination regarding the adequacy of screening proposed by
the applicant. Screening may include the use of natural
topography or earth berming, existing and proposed plantings
and other features such as roadways and wetlands which
provide separation of uses.
Property rezoned to RPUD shall be considered a residential
district for purposes of determining building and parking
setback requirements on adjacent high density residential,
commercial and industrial property outside the RPUD.
2. Height Limitations.For properties guided for residential use in
the Comprehensive Plan,a building height limit of 30 feet shall
apply. For properties currently zoned or guided in the
Comprehensive Plan for commercial use,height may exceed 30
feet but shall not exceed 3 stories (not including underground
parking level) and shall maintain a residential character by
incorporating pitched or hipped roof structure. No mansard or
flat roofed multiple family buildings will be allowed.
3. Outside Storage Limitations. Outside storage of building
materials,recreational vehicles,boats,RV's,snowmobiles,and
other items of personal property shall not be stored outside
within any site used for attached or multi-family uses.
C. Development Standards for Single-Family Detached Dwellings in
the RPUD District. Each RPUD site developed for single family
detached dwellings at medium density (i.e. densities ranging from 1
unit per acre to 6 units per acre) shall be subject to the following
standards:
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1. Permitted locations: In areas of the City where smaller single
family detached dwelling lots will allow for clustering to
preserve significant natural features, or in areas where a
mixture of higher density attached dwellings and lower density
detached single family dwellings will result in a development
that does not exceed the overall guided density.
2. Minimum SFR lot size: 15,000 s.f.
3. Minimum lot width at the setback line: 90 feet.
4. Minimum lot depth: 125 feet.
5. Minimum front yard setback: 25 feet on internal streets within
the RPUD site. On exterior or through streets a setback of 35
feet must be provided on local streets and 50 foot setback on
collector or arterial streets as defined in the Comprehensive
Plan.
6. Minimum side yard setback: 10 feet along interior lot lines; 15
feet on lot lines along the exterior of the RPUD site. Side yards
abutting streets must meet the minimum front yard setbacks as
noted above. Structures in side yards abutting another
residential zoning district shall meet the side yard setback
requirement of the adjacent zoning district.
7. Rear yard setback: minimum of 40 feet or 20 percent of the
depth of the lot, whichever is less.
8. Building height: maximum of 30 feet.
9. All dwelling units, including manufactured homes, shall have
a depth of at least 20 feet for at least 50 percent of their width.
All dwelling units, including manufactured homes, shall have
a width of at least 20 feet for at least 50 percent of their depth.
10. All dwellings shall have a permanent foundation in
conformance with the Minnesota State Building Code.
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11. Accessory structures shall conform to the setbacks established
for principal structures, except as follows:
A. all accessory structures located more than 10 feet from
a principal structure may be located a minimum of 10
feet from a rear or side lot line,when that line does not
abut a street right-of-way.
B. no accessory structure shall be located closer to the
front lot line than the principal structure, regardless of
the principal structure setback.
12. No accessory structure shall occupy more than 30 percent of the
side or rear yard in which it is located,nor exceed 1,000 square
feet in area, nor exceed 12 feet in height.
13. Off-street parking shall be provided for at least two vehicles for
each single family dwelling. A suitable location for a garage
measuring at least 20 feet by 24 feet without a variance shall be
provided and indicated as such on a survey or site plan to be
submitted when applying for a building permit to construct a
new dwelling or alter an existing garage.
More Than One Building Allowed. More than one building may be
placed on one platted or recorded lot in a RPUD site.
J. Single Housing Type Permitted. Any RPUD development which
involves a single housing type shall be permitted provided that it is
otherwise consistent with the objectives of this ordinance and the
comprehensive plan.
K. Private Recreational Area. Each RPUD development shall provide
a minimum of 10 percent of the gross project area in private
recreational uses for project residents. Such area shall be for active or
passive recreational uses suited to the needs of the residents of the
project,including swimming pools,trails,nature areas,picnic areas,tot
lots and saunas. Private recreational area requirements are in addition
to the standard park dedication requirements.
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L. Ownership. All property to be included within a RPUD development
shall be under unified ownership or control or subject to such legal
restrictions or covenants as may be necessary to ensure compliance
with the approved master development plan and final site and building
plan.
M. Signage.Signs shall be restricted to those which are permitted in a sign
plan approved by the city and shall be regulated by permanent
covenants.
N. Landscaping, Screening and Buffering.
1. Landscape Plan Requirements. Landscape plans shall be
prepared by a landscape architect or other qualified person
acceptable to the City,drawn to the scale of not less than 1 inch
equals 50 feet and shall show the following:
a) boundary lines of the property with accurate
dimensions;
a) locations of existing and proposed buildings, parking
lots, roadstrails and other improvements;
b) proposed grading plan with 2-foot contour intervals;
c) location, approximate size and common name of
existing trees and shrubs;
d) a planting schedule containing symbols, quantities,
common and botanical names, size of plant materials,
root condition and special planting instructions;
e) planting details illustrating proposed locations of all
new plant material;
f) locations and details of other landscape features
including berms, fences and planter boxes;
g) details of restoration of disturbed areas including areas
to be sodded and seeded;
h) location and details of irrigation systems; and
i) details and cross sections of all required screening.
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2. Minimum Landscaping Requirements.
a) All open areas of a lot which are not used or improved
for required parking areas,drives,trails or storage shall
be landscaped with a combination of deciduous and
coniferous species including overstory trees,understory
trees, shrubs, flowers and groundcover materials. The
plan for landscaping shall include ground cover,
bushes, shrubbery, trees, sculpture, foundations,
decorative walks or other similar site design features or
materials in a quantity having a minimum value in
conformance with the following table:
Minimum Tree and Shrub Requirements
Vegetation Type Size Quantity
Overstory Deciduous Trees 2.5"bb(Caliper) 1 tree per 1,000 gross square feet of building footprint area or 1 tree
per 40 lineal feet of site perimeter,whichever is greater
Coniferous Trees 6'height bb Minimum of 30%of required overstory trees must be coniferous
Understory Shrubs 3 gal.potted or 1 shrub per 300 gross square feet of building footprint area or 1
18" shrub per 30 lineal feet of site perimeter,whichever is greater
Ornamental deciduous trees 1.5"bb(Caliper) Not required;but 2 ornamental deciduous trees may be substituted
for 1 required overstory deciduous tree(maximum substitution=25%
of required overstory deciduous trees)
Credits for Existing Trees: The City Council shall have sole discretion whether credit shall be granted for existing
healthy trees
In instances where healthy plant materials of acceptable
species exist on a site prior to its development, the
application of the standards in this section may be
adjusted by the City to allow credit for such material,
provided that such adjustment is consistent with the
intent of this ordinance.
b) A reasonable attempt shall be made to preserve as many
existing trees as is practicable and to incorporate them
into the site plan.
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c) All new overstory trees shall be balled and burlapped or
moved from the growing site by tree spade. Deciduous
trees shall have a minimum caliper of 2Y2 inches.
Coniferous trees shall be a minimum of six feet in
height. Ornamental trees shall have a minimum caliper
of 1 V2 inches.
d) All site areas not covered by buildings, sidewalks,
parking lots, driveways, trails, patios, or similar
hardsurface materials shall be covered with sod or an
equivalent ground cover approved by the city. This
requirement shall not apply to site areas retained in a
natural state.
e) In order to provide for adequate maintenance of
landscaped areas,an underground sprinkler system shall
be provided as part of each new development, except
one and two family dwellings and additions to existing
structures which do not at least equal the floor area of
the existing structure. A sprinkler system shall be
provided for all landscaped areas except areas to be
preserved in a natural state.
f) Not more than 50 percent of the required number of
trees shall be composed of one species. The City shall
maintain a list of prohibited species which shall not be
used for landscaping.
3. Interior Parking Lot Landscaping.
a) All parking lots containing over 100 stalls shall be
designed to incorporate unpaved,landscaped islands in
number and dimension as required by the City. All
landscape islands shall contain a minimum of 180
square feet. Islands which are necessary to promote the
safe and efficient flow of traffic shall not be subject to
the"100 stall"standard and shall be required by the city
when warranted.
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b) Parking lot landscape areas, including landscape
islands, shall be reasonably distributed throughout the
parking lot area so as to break up expanses of paved
areas. Parking lot landscape areas shall be provided
with deciduous shade trees, ornamental or evergreen
trees, plus ground cover, mulch and/or shrubbery as
determined appropriate by the Planning Commission.
Parking lot landscape trees shall be provided at the rate
of one tree for each 15 surface parking spaces provided,
or major fraction thereof. Parking lot landscaping shall
be contained in planting beds bordered by a raised
concrete curb or equivalent approved by the Planning
Commission.
4. Maintenance of Landscaping. The owner, tenant and their
respective agents shall be jointly and severally responsible for
the maintenance of all landscaping in a condition presenting a
healthy,neat and orderly appearance and free from refuse and
debris. Plants and ground cover which are required by an
approved site or landscape plan, and which have died shall be
replaced within three months of notification by the city.
However,the time for compliance may be extended up to nine
months by the city in order to allow for seasonal or weather
conditions.
5. Retaining Walls. Retaining walls exceeding four feet in
height, and staged walls which cumulatively exceed 16 feet in
height or involve more than 4 tiers, must be constructed in
accordance with plans prepared by a registered engineer or
landscape architect.
6. Landscaping Performance Security Required. When
screening, landscaping or other similar improvements to
property are required by this ordinance a letter of credit shall be
supplied by the owner in an amount equal to at least one and
one-half times the value of such screening,landscaping or other
improvements. The letter of credit shall be conditioned upon
reimbursement of all expenses incurred by the city for
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engineering,legal,contracting or other fees in connection with
making or completing such improvements. The letter of credit
shall be provided prior to the issuance of any building permit
and shall be valid for a period of time equal to one two full
growing seasons after the date of installation of the
landscaping. The city may accept some other form of security
in lieu of a letter of credit in an amount and under such
conditions that the city may determine to be appropriate. In the
event that construction of the project is not completed within
the time prescribed by building permits and other approvals,the
city may, at its option, complete the work required at the
expense of the awner and the surety.
The city may allow an extended period of time for completion
of all landscaping if the delay is due to conditions which are
reasonably beyond the control of the developer. Extensions
which may not exceed nine months, may be granted due to
seasonal or weather conditions. When an extension is granted,
the city shall require such additional security as it deems
appropriate.
7. Screening and Buffering.
a) The following uses shall be screened or buffered in
accordance with the requirements of this subdivision:
1. Principal buildings and structures and any
building or structure accessory thereto used for
residential uses at a density of greater than 4
units per acre shall be buffered from residential
lots located in any "R" district.
2. Off-street parking facilities containing six or
more spaces shall be buffered from streets
located within 50 feet.Parking facilities shall be
buffered with landscape zones.
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3. Loading docks shall be screened from all lot
lines and public roads.
4. Trash storage facilities shall be screened from
all lot lines and public roads.
5. Access roads serving multi-family buildings
shall be screened as necessary to eliminate the
impact of vehicle headlights shining toward
adjacent residential neighborhoods.
b) Required screening or buffering,may be achieved with
fences, walls, earth berms, ipedges, or other landscape
materials. All walls and fences shall be architecturally
harmonious with the principal building. Earth berms
shall not exceed a slope of 3:1. The screen shall be
designed to employ materials which provide an
effective visual barrier during all seasons.
c) All required screening or buffering shall be located on
the lot occupied by the use, building, facility or
structure to be screened.No screening or buffering shall
be located on any public right-of-way or within eight
feet of the traveled portion of any street or highway.
d) Screening or buffering required by this section shall be
of a height needed to accomplish the goals of this
section. Screening methods incorporating roofs over
storage, trash or mechanical facilities to screen from
higher adjacent properties or buildings may be requierd.
Height of plantings required under this section shall be
measured at the time of installation.
0. Architectural Standards.
1. It is not the intent of the City to restrict design freedom unduly
when reviewing project architecture in connection with a site
and building plan. However,it is in the best interest of the City
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to promote high standards of architectural design and
compatibility with surrounding structures and neighborhoods.
Architectural plans shall be prepared by an architect or other
qualified persons acceptable to the City and shall show the
following for all structures other than single family detached
dwellings:
a) elevations of all sides of the building;
b) type and color of exterior building materials;
c) a typical floor plan;
d) dimensions of all structures;
e) the location of trash and recycling containers and of
heating, ventilation and air conditioning equipment.
2. Unadorned prestressed concrete panels, concrete block and
unfinished metal shall not be permitted as exterior materials for
residential principal and accessory buildings. This restriction
shall apply to all principal structures and to all accessory
buildings. The city may,at its discretion, allow architecturally
enhanced block or concrete panels.
3. Accessory buildings shall be architecturally compatible with
principal structures.
4. All rooftop or ground mounted mechanical equipment and
exterior trash and recycling storage areas shall be fully enclosed
or screened so as to be not visible with materials compatible
with the principal structure.
5. Underground utilities shall be provided for all new and
substantially renovated structures(substantially renovated shall
mean when the renovations exceed 30% of the pre-renovation
value of the structure).
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P. Flexibility.The uniqueness of each RPUD requires that specifications
and standards for streets, utilities, public facilities and subdivisions
may be subject to modification from the city ordinances ordinarily
governing them. The city council may therefore approve streets,
utilities, public facilities and land subdivisions which are not in
compliance with usual specifications or ordinance requirements if it
finds that strict adherence to such standards or requirements is not
required to meet the intent of this section or to protect the health,safety
or welfare of the residents of the RPUD, the surrounding area or the
city as a whole.
Q. Traffic Studies. The City may require a traffic analysis to be prepared
by a registered traffic engineer approved by the City to assess potential
traffic impacts on local streets. If impacts on service levels of
roadways and intersections are anticipated,the project will be approved
only contingent upon a traffic management plan that adequately
mitigates those impacts. The plan may include travel demand
management strategies, use of transit facilities or other appropriate
measures to reduce traffic generation, and necessary improvements to
road systems. The developer shall have the responsibility to install all
necessary road system improvements.
R. Building Permits.No building or other permit shall be issued for any
work on property included within a proposed or approved RPUD
development nor shall any work occur unless such work is in
compliance with the proposed or approved RPUD development.
S. General Regulations Applicability. The requirements contained in
this ordinance pertaining to general regulations for residential districts
and performance standards shall apply to a RPUD development as
deemed appropriate by the city.
T. Lighting Standards. All RPUD developments shall be subject to the
general performance standards for lighting per the Zoning Chapter.
U. Trails. When any portion of the project is within 1000 feet of a public
trail system, pedestrian access shall be provided to the trail system by
means of a public trail constructed at the developer's expense. Where
Page 16 of 22
public rights-of-way are are available,at the City's discretion the trail
may utilize the public right-of-way. Trails shall be of bituminous
construction,or such other material as may be approved by the City and
shall be not less than 8 feet in width.
Subd. 6. Review of Application; Procedures.
A. Concept Plan Review. In order to receive guidance in the design of a
RPUD prior to submission of a formal application, an applicant may
submit a concept plan for review and comment by the planning
commission and city council. Submission of a concept plan is optional
but is highly recommended for large RPUDs. In order for the review
to be of most help to the applicant, the concept plan should contain
such specific information as is suggested by the city. Generally, this
information should include the following:
1) approximate building,road and trail locations;
2) height, bulk and square footage of buildings;
3) type and square footage of specific land uses:
4) number of dwelling units;
5) generalized grading plan showing areas to be cut, filled
and preserved; and
6) staging and timing of the development.
The comments of the planning commission and city council shall
address the consistency of the concept plan with this section. The
comments of the planning commission and city council shall be for
guidance only and,if positive,shall not be considered binding.upon the
planning commission or city council regarding approval of the formal
RPUD application when submitted.
B. Master Development Plan and Rezoning. Approval of a rezoning_ to
RPUD and approval of a master development plan shall be subject to
the procedures outlined in the Zoning Code for a zoning map
amendment. The master development plan shall contain the following.:
1) building location, height, bulk and square footage;
2) type and square footage of specific land uses:
3) number of dwelling units;
4) detailed street and utility locations and sizes;
5) parking layout;
Page 17 of 22
6) drainage plan, including location and size of pipes and
water storage areas;
7) grading plan and drainage plan including 2-foot
contours;
8) generalized landscape plan;
9) generalized plan for uniform signs and lighting;
10) plan for timing and phasing of the development;
11) covenants or other restrictions proposed for the
regulation of the development;
12) renderings or elevations of all sides of buildings to be
constructed in the first phase of the development;
13) trail plan; and
14) lighting plan.
Approval of the master development plan shall indicate approval of the
previously listed items and shall occur in conjunction with rezoning of
the property to RPUD. After rezoning of the property to RPUD,
nothing shall be constructed on the RPUD site except in conformance
with the approved plans and this section. The procedure for
notification of andp ublic hearing on the master development plan shall
be the same as required for a zoning map amendment by this ordinance.
Development Agreement/Financial Guarantee. Following the approval
of the Master Development Plan but prior to final plan approval, the
applicant shall enter into an agreement with the City relating to the
terms of the RPUD development,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
binding instrument as may be required by the City.
C. Final Site and Building Plan.Approval of a final site and building plan
for the entire RPUD or for specific parts of the RPUD shall be subject
to the procedures outlined in this ordinance. The Iiiiai siL% ttitd bu Idi.i,
plan shall contain information as required by the city, including the
following:
1) detailed utility, street, grading and drainage plans;
2) detailed building elevations and floor plans;
Page 18 of 22
3) detailed landscaping, sign and lighting plans; and
4) detailed trail plan.
D. Substantial Compliance. The final site and building plan shall be in
substantial compliance with the approved master development plan.
Substantial compliance shall mean:
1) buildings, parking areas, and roads and trails are in
me location as previously approved;
2) the numbersubstantially ofthe residentialsaliving units has not increased
or decreased from that approved in the master
development plan;
3) the gross floor area of any individual building has not
been increased from that approved in the master
development plan;
4) there has been no increase in the number of stories in
any building;
5) open space has not been decreased or altered to change
its original design or intended use; and
6) all special conditions required on the master
development plan by the city have been incorporated
into the final site and building plan.
Approval of a final site and building plan shall signify approval of all
plans necessary prior to application for a building permit, subject to
conformance with any conditions on the approval and subject to other
necessary approvals by the city.
E. Simultaneous Review. Applicants may combine the final site and
building plan review with the master development plan review by
submitting all information required for both stages simultaneously.
F. Basis For Approval;Conditions.In evaluating a site and building plan,
the planning commission and city council shall base their
recommendations and actions regarding approval of a RPUD on a
consideration of the following:
1) compatibility of the proposed plan with this section and
consistency with the goals, policies, and objectives of
the Comprehensive Plan and Surface Water
Management Plan;
Page 19 of 22
2) preservation of the site in its natural state to the greatest
extent practicable by minimizing tree and soil removal
and designing grade changes to be in keeping with the
general character and appearance of neighboring
properties:
3) creation of compatible relationships between buildings
and open spaces both on the site and adjacent to it,
incorporating natural site features and with existing and
future buildings having a visual relationship to the
development, giving special attention to:
1) an internal sense of order for the buildings and
uses on the site and provision of a desirable
environment for occupants, visitors and the
general community;
2) the amount and location of open space and
landscaping;
3) materials, textures, colors and details of
construction as an expression of the design
concept and the compatibility of the same with
the adjacent and neighboring structures and
uses: and vehicular and pedestrian circulation,
including walkways,interior drives and parking
in terms of location and number access points to
the public streets, width of interior drives and
access points, general interior circulation,
separation of pedestrian and vehicular traffic
and arrangement and amount of parking.
4) promotion of energy conservation through design,
location.orientation and elevation of structures,the use
and location of class in structures and the use of
landscape materials and site grading;
5) protection of adjacent and neighboring properties
through reasonable provisions for surface water
drainage, sound and sight buffers, preservation of
Page 20 of 22
views, light and air and those aspects of design not
adequately covered by other regulations which may
have substantial effects on neighboring land uses.; and
6) such other factors as the planning commission or city
council deem relevant.
The planning commission and city council may attach such conditions
to their actions as they shall determine necessary or convenient to
better p
accomplish the purposes of this section.
P
Subd. 7. Term of Approval. If application has not been made for a final site and
building plan approval pursuant to the approved master development plan for all or a part of
the property within a RPUD by December 31 of the year following the date on which the
RPUD zoning map amendment became effective or if within that period no extension of time
has been granted,the city council may rezone the property to the original zoning classification
at the time of the RPUD application or to a zoning classification consistent with the
comprehensive plan designation for the property. In the absence of a rezoning,the approved
master development plan shall remain the legal control governing development of the property
included within the RPUD.
If construction on the property included within an approved final site and building plan has not
started by December 31 of the year following the date on which such final site and building
plan was approved or if building construction in a phase of a RPUD approved to be built in
phases has not started within this period or if within that period no extension of the time has
been granted,the city council may rezone the property to the original zoning classification at
the time of the RPUD application or to a zoning classification consistent with the
comprehensive plan designation for the property. In the absence of rezoning, the approved
master development plan and final site and building plan shall remain the legal control
governing development of the property included within the RPUD.
Subd. 8. Amendments.Major amendments to an approved master development plan
may be approved by the city council after review by the planning commission. The
notification and public hearing procedure for such amendment shall be the same as for
approval of the original RPUD. A major amendment is any amendment which:
a) substantially alters the location of buildings, parking areas or roads;
2) increases or decreases the number of residential dwelling units;
c) increases the gross floor area of any individual building ;
Page 21 of 22
d) increases the number of stories of any building;
e) decreases the amount of open space or alters it in such a way as to
change its original design or intended use; or
f) creates non-compliance with any special condition attached to the
approval of the master development plan.
Any other amendment may be made through review and approval by a simple majority vote
of the Council.
Subd. 9. Exceptions. This section shall not apply to any residential PUD or PRD
which has received preliminary or final approval by the city council prior to the effective date
of this ordinance unless such is requested by the property owner and approved by the city
council."
Section 2. Adoption and Publication. A summary of this ordinance shall be published in The
Pioneer and The Laker newspapers, and this ordinance shall become effective immediately upon
publication.
Adopted by the City Council of Orono, Minnesota on this 26th day of February, 2001 by a
vote of ayes and nays.
ATTEST:
Linda S. Vee, City Clerk Barbara Peterson, Mayor
Page 22 of 22
SUMMARY OF ORDINANCE NO. SECOND SERIES EiVr.-
ORDINANCE NO. , SECOND SERIES
AN ORDINANCE AMENDING
CHAPTER 10 OF THE ORONO MUNICIPAL CODE
BY ADDING SECTION 10.33,
RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
The following is the official summary of Ordinance No. , Second Series approved by the City
Council of the City of Orono on February 26, 2001.
Municipal Zoning Code Chapter 10 is amended by adding Section 10.33,RPLTD Residential Planned
Unit Development District, to read as follows:
"SEC. 10.33 RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT.
Subd.1. Purpose.The purpose of the Residential Planned Unit Development(RPLTD)district
is to provide a district which will allow for the implementation of certain residential housing
goals established in the 2000-2020 Orono Community Management Plan (`CMP' or
`Comprehensive Plan'). The RPUD District is established to accommodate the densities and
types of residential development contemplated in the CMP by incorporating the principles of
the Planned Unit Development concept. The RPUD District will encourage the following:
A. flexibility in land development and redevelopment in order to utilize new
techniques of building design, construction and land development;
B. provision of housing to meet lifecycle, and affordable and moderate cost
housing needs;
C. energy conservation through the use of more efficient building designs and
sitings and the clustering of buildings and land uses;
D. preservation of desirable site characteristics and open space and protection of
sensitive environmental features, including steep slopes,poor soils and trees;
E. high quality of design and design compatible with surrounding" land uses,
including both existing and planned;
F. sensitive development in transitional areas located between different land uses
and along significant corridors within the city; and
G. development which is consistent with the Comprehensive Plan.
Page 1 of 5
Subd. 2. Permitted Uses. Within the RPUD District, no land or structures shall be used
except for one or more of the following uses:
A. Any `Permitted Use' as regulated in the R-1A District.
B. Multi-family attached dwellings only when consistent with the Comprehensive
Plan, and only within the areas of the City designated as Urban Area in the
Comprehensive Plan.
Subd. 3. Conditional Uses. Within the RPUD district,no land or structure shall be used for
the following uses except by conditional use permit:
A. Public Service Structures.
Subd. 4. Accessory Uses. Within the RPUD District the following uses shall be a permitted
accessory use:
A. Any accessory use except for "Roadside Stands" as regulated in the R-1A
District.
B. Privately owned buildings to be used for recreation or social purposes, or for
use as storage areas for maintenance equipment or rubbish.
Subd. 5. Development Standards. Within the RPUD District all development shall be in
compliance with the following standards which are detailed in the ordinance:
A. Minimum Site Area; Shoreland District Limitations.
B. Specified Uses Per Comprehensive Plan.
C. Sewer Availability.
D. Density.
E. Incentives for Consistency with Comprehensive Plan.
F. Site Coverage.
G. Development Standards for Attached and Multi-Family Dwelling Structures.
H. Development Standards for Single-Family Detached Dwellings in the RPUD
District.
I. More Than One Building Allowed.
J. Single Housing Type Permitted.
K. Private Recreational Area.
L. Ownership.
M. Signage.
N. Landscaping, Screening and Buffering.
O. Architectural Standards
P. Flexibility
Page 2 of 5
Q. Traffic Studies
R. Building Permits.
S. General Regulations Applicability.
T. Lighting
U. Trails
Subd. 6. Review of Application; Procedures.
A. Concept Plan Review. In order to receive guidance in the design of a RPUD
prior to submission of a formal application,an applicant may submit a concept
plan for review and comment by the planning commission and city council.
Submission of a concept plan is optional but is highly recommended for large
RPUDs. In order for the review to be of most help to the applicant,the concept
plan should contain such specific information as listed in this ordinance. The
comments of the planning commission and city council shall address the
consistency of the concept plan with this section,but shall be for guidance only
and shall not be considered binding upon the planning commission or city
council.
B. Master Development Plan and Rezoning.Approval of a rezoning to RPUD and
approval of a master development plan shall be subject to the procedures
outlined in the Zoning Code for a zoning map amendment. The master
development plan shall contain detailed site design plans per the list of
submittals appearing in this ordinance. Approval of the master development
plan shall indicate approval of the listed items and shall occur in conjunction
with rezoning of the property to RPUD. After rezoning of the property to
RPUD,nothing shall be constructed on the RPUD site except in conformance
with the approved plans and this section.Following the approval of the Master
Development Plan but prior to final plan approval,the applicant shall enter into
an agreement with the City relating to the terms of the RPUD development,
and shall also provide such financial guarantees as the City requires or deems
necessary.
C. Final Site and Building Plan. Approval of a final site and building plan for the
entire RPUD or for specific parts of the RPUD shall be subject to the
procedures outlined in this ordinance. The final site and building plan shall
contain information as required by the city, as specified in this ordinance.
Page 3 of 5
D. Substantial Compliance.The final site and building plan shall be in substantial
compliance with the approved master development plan,per the standards for
substantial compliance as enumerated in the ordinance.Approval of a final site
and building plan shall signify approval of all plans necessary prior to
application for a building permit, subject to conformance with any conditions
on the approval and subject to other necessary approvals by the city.
E. Simultaneous Review.Applicants may combine the final site and building plan
review with the master development plan review by submitting all information
required for both stages simultaneously.
F. Basis For Approval; Conditions. In evaluating a site and building plan, the
planning commission and city council shall base their recommendations and
actions regarding approval of a RPUD on a consideration of compatibility of
the proposed plan with this section and consistency with the Comprehensive
Plan and Surface Water Management Plan; preservation of the site in its
natural state to the greatest extent practicable by minimizing tree and soil
removal and designing grade changes to be compatible with surroundings;
g gP g
creation of compatible relationships between buildings and open spaces both
on the site and adjacent to it, incorporating natural site features and with
existing and future buildings having a visual relationship to the development,
giving special attention to specified characteristics; promotion of energy
conservation through design, location,orientation and elevation of structures,
the use and location of glass in structures and the use of landscape materials
and site grading; protection of adjacent and neighboring properties through
reasonable provisions for surface water drainage, sound and sight buffers,
preservation of views,light and air and those aspects of design not adequately
covered by other regulations which may have substantial effects on
neighboring land uses.; and such other factors as the planning commission or
city council deem relevant. The planning commission and city council may
attach such conditions to their actions as they shall determine necessary or
convenient to better accomplish the purposes of this section.
Subd. 7. Term of Approval. If application has not been made for a final site and building
plan approval pursuant to the approved master development plan for all or a part of the
property within a RPUD by December 31 of the year following the date on which the RPUD
zoning map amendment became effective or if within that period no extension of time has
been granted,the city council may rezone the property to the original zoning classification at
Page 4 of 5
•
the time of the RPUD application or to a zoning classification consistent with the
comprehensive plan designation for the property. In the absence of a rezoning,the approved
master development plan shall remain the legal control governing development of the property
included within the RPUD.
Subd. 8. Amendments. Major amendments to an approved master development plan may
be approved by the city council after review by the planning commission. The notification and
public hearing procedure for such amendment shall be the same as for approval of the original
RPUD.
Subd. 9. Exceptions. This section shall not apply to any residential PUD or PRD which has
received preliminary or final approval by the city council prior to the effective date of this
ordinance unless such is requested by the property owner and approved by the city council."
A printed copy of Ordinance No. , Second Series in its entirety is available for
inspection by any person at the office of the City Clerk during regular office hours. This ordinance
becomes effective immediately upon publication.
Adopted by the City Council of Orono, Minnesota on this 26th day of February, 2001 by a
vote of ayes and nays.
ATTEST:
Linda S. Vee, City Clerk Barbara Peterson, Mayor
Page 5 of 5