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HomeMy WebLinkAbout1990-03 01-17 AP CITY OF BROOKLYN CENTER Notice is hereby given that `a public hearing wit+,pe held the 29th day of January, IN" at 1: p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning POST PUBLICATI t O Ordinance toestablish:a Planned Unit I P Development zoning district. AFFIDAVIT OF PUBLICATION Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please con tact the Personnel Coordinator at 561- 5"tomake arrangements. ORDINANCE NO. AN ORDINANCE AMENDING STATE OF MINNESOTA CHAPTER 35 COUNTY OF HENNEPIN SS. OF THE CITY ORDINANCES TO ESTABLISH A PLANNED UNIT DEVELOPMENT ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn 1J Center is hereby amended asfollows: t T e Roach Section 35 -355. PLANNED UNIT Walter R h being duly sworn, on oath says that he is the publisher or authorized DEVELOPMENT.' Subdivision 1. Purpose agent and employee of the publisher of the newspaper known as the t1Y Pos The purpose of the Planned Unit and has full knowledge of the facts which are stated below: Development (PUD) district is to promote flexibility in land develop (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as ment and redevelopment, preserve provided by Minnesota Statue 331A.02, 331A -07, and other applicable laws, as amended. aesthetically significant and en- vironmentally sensitive site features, conserve energy and ensure a high Ordinance Amending Chapter 35 to establish quality of design. 1 (8) The printe Subdivision 2. Classification of PUD Districts; Permitted Uses; Ap- plicableRegplations. a planned unit develop. z oning district a. Upon rezoning for a PUD, the dis- trict shall be designated by the let ters "PUD" followed by the alphanumeric designation of the underlying zoning district which which is attached was cut from the columns of said newspaper, and was printed and published once a week, for may be either lbw-:prior zoning classification or W--new C$assffica- 7,, tion. In cases of mixed use PUGS, successive weeks; it was first published on the ,the ti1 lay of the City Council shall, whenever reasonably predicab specify January 9Q underlying zoning classifications 19 and was thereafter printed and published on every Jor the various parts of the PUD. When it is not reasonably prac- ticable to so specify underlying to and including the day of 19 zoning classifications, the Council and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be- may rezone the district, or any ing the size and kind of type used in the composition and publication of the notice: part thereof, to "PUD- MIXED." b. Regulations governing uses and abcdefghijklmnopgrstuvwxyz structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezon- i ingto PUD. BY: 2. Regulations are modified by Implication only to the extent nec- essary to comply with the devel- opment plan of the PU D. TITLE: General Manager 3. In the case of districts rezoned to PUD MIXED, the Council shall Acknowledged before me on specify regulations applicable to uses and structures in various parts of the district. 18th January 90 c. For purposes of determining ap- this day of .19 plicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zon- Notary Public jog classification of PUD districts shall be deemed to be the zoning classification of the district. In the f case of a district zoned PUD- MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive reg ulation of adjacent or nearby properties., RATE INFORMATION 1 7� Subdivision 3. Development Stan- dards. (1) Lowest classified rate paid by commercial users for com- a. A PUD shall have a minimum area parable space. (Line) of one acre, excluding land Includ ed within the Headway or flood Inge overlay districts and ex (2) Maximum rate allowed by law for the above matter. f cluding existing rights of way (Line) unless the City finds that at last 50 one M the following conditlans ex• (3) Rate actually charged for the above matter. (Line) ISIS: q0 -03 I. there are unusual physical fee 1 7 covenants or'other restrictions tares of the properly or of the scar- Proposed for the regulation of the rounding neighborhood such that development; development as a PUD will con. 0. a site Plan showing the location serve a physical or terrain feature of all structures and parking Of Importance to the neighborhood 9. building 9 orcommuni r g renderin s or elevation 2, the Property is directly adia drawings of all sides of all build= cent to or-across a public right; ings to be constructed in at least of -way fro property which pre- the first Phase of development; viously was developed as a PUD and and the new PUD will be perceived 10 proposed underlying zoning as and function as an extension of dassificationorclassifications. that previously approved devel. Such information maybe in ,a pre opmenf; or limfnary form, but shall be suffl. 3. the property is located in a ciently complete and accurate to transitional area between different allow an evaluation of the devel- land uses and the development will E opmentby the City.. be used as a buffer between the b. The Planning Commission shall uses. hold a Public hearing an the devel- b. Within a PUD, overall density for opment Plan. Notice of such public residential developments shall be hearing shall be published in the consistent with Section 35.400 of f official newspaper and actual this .ordinance. Individual build notice shall be mailed to the `appli- ings or lots within a P cant and ad's PUD may ex• adjacent property owners eeed these as f air standards, required b provided Y Section 3S.210 of that density' fort entire PU D i this ordinance. Th The D e Planning does not exceed the permitted Commission shall review Me do. standards. velopment plan and make such c. Setbacks, buffers and- greensfr(ps recommendations as It deems ap• within a PUD shall be consistent propriate regarding the plan with Section 35-M to 35.414 and within the time limits established" Section 3S•700 of this ordinance by Section 35 -210 ofthisordinance. unless the developer can demon C. Following receipt of the recom- strafe to the City's satisfaction mendations of the Planning Com. that a lesser standard should be mission, the City Council shall hold permitted with The addition of a such hearing as it deems ap- screening treatment or other Propriate regarding the matter. mitigative measures. The City Council shall act upon the d. Parking provided for uses within a development plan within the time PUD shall be consistent with the limits established by Section 35.210 Parking requirements contained in of this ordinance.APproval of the Section 35 -704 of this ordinance development plan shall constitute unless the developer can demon. rezoning of the property to PUD strafe 10 the "City's satisfaction and 'conceptual `approval at .th. that a lesser standard should be elements of the plan. In addition to Permitted on the grounds of the lh`Ilfldelfn0siivttli?It lh tibia complementarity of peak parking 35-208 of'this Ordinance; the `tity demands by the' uses within the Council shall base its actions on PUD. The city may require execu- the rezoning upon the following tian of a restrictive convenant crifieria, 1. Compatibility of the plan with limiting future use of the property the standards, Purposes and intent' those uses which will sm tifte of this section; this parking complementarity, or 2, consistency of the plan with the the which are otherwise approved by goals and policies of th Com. prehensive Plan; Subdivision sion4.tiecoralStandards. 3. the Impact of The plan on the a. The City may allow more than one neighborhood in which it is to be principal building to be con- located; and siructed on each platted lot within 4. the adequacy of internal site a PUD. organization, uses, densities,'cir- b. A ;PUD which involves only one cut shoo, parking facilities, public land use or a single housing type facilities, recreational areas, open may be permitted provided that it spaces, and buffering and land- Is otherwise consistent with the scaping. Purposes and objectives of this The City Council may attach such section' conditions to its approval as it may C. A PUD may h located only in an determine to be necessary ur os o hf- area designated for redevelopment ter accomplish the purposes of the in the City's Comprehensive Plan. PU D district. d. All property to be included wffhin a d. Prior to construction on any site PUD shall be under unified owner zoned PUD, the developer shall ship or control' or subject to such seek plan approval pursuant to legal restrictions or covenants as Section 35-230 of this ordinance. In may be necessary to ensure com• addition to the Information pliance with the approved devel specifically repaired by Section opment planandsiteplan.' 3S•230, the developer shall submit e. The uniqueness of each PUD re- such information as may be quires that specifications and deemed necessary or convenient standards for streets, utilities,'- by the City to review the can. public facilities and the approval sistency of the proposed develop of land subdivision may be subject ment with the approved develop. to modifications from the City Or ment plan. dinances generally governing The plan submitted for approval them. The City Council may, pursuant to Section '35 -Z30 shat( be therefore, approve streets, in substantial compliance with the utilities, public facilities and land approved development' plan. subdivisions which are not in substantial compliance shall mean compliance with ,usual specifica that buildings, parking areas and tions or ordinance requirements roads are in essentially the same where if is found that such are not location'as previously approved; required in the interests of th the number oE dwelling units, if residents or of the City. any, has not increased ordecreas. Subdivision S. Application and Re ed •by more than S t„ 1; the view. floor area of non residential areas Controlled b a. impknllenfay nt of a PUD shall h has not been increased or by _the develop me decreased by more than S percent; plan. 'The devekpment plan may no building has been increased in be approved or disapproved by the the number of floor open space City Council after evaluation by has not been decreased or altered the Planning Commission. Sub from its original design or use, and mission L of the development plan lot coverage of any individual shall be made to the Director of building or has not been increased Planning and Inspection on such decreased s more than a d r- forms and accompanied by such' cent Information and documentation as e. Prior to con struction on any site f the City may deem necessary or zoned PUD, r u developer shall convenfenf, but shall include at a execute a development agreement minimum the following: execute a form satisfactory to the City. r 1, street and utility locations and t Applicants may` combine devel. sizes opmenf plan approval with th 2. a drainage plan, including loca- plan approval required by Section lion and size of pipes and water areas; 35 -230 by `submitting all informs. a grading p lion required for both simulta 1. a lan 3. a landscape plan; neously. g. After approval of the development S. alighting plan; plan and the plan approval re- 6. a plan for timing and phasing of quired by Section 3S -230, nothing the development; shall be constructed on the site and ono building permits shall be issued except in conformity with the'ap. proved plans. h. if within 12 months following ap. Proval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area ap- proved for the PUD district, the City Council' may initiate rezoning of the property. I- Any major amendment to the de. vOlOPment by the City Council following the same notice and hearing pro cedures specified' in this section. An amendment shall be considered major if If involves any change greater- than that permitted by subdivision ,S.d. of this sections Changes which are determined by 1110 City Council to be minor may be made if approved by the Plan ning Commission after such notice and hearing as may be deemed appropriate by 'the Planning Commission. Section 2. This ordinance shall" become effective after ,adoption and upon thirty (30) days following its legal publication. Adopted this day of 1989. t Mayor ATTEST: Date of Publication Clerk Effective Date (Boldface' indicates new copy. Brackets[ I indicate deleted copy.) Published PostNews January 17, 19")